America and West Indies
June 1708, 21-25

Sponsor

Institute of Historical Research

Publication

Author

Cecil Headlam (editor)

Year published

1916

Pages

755-771

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'America and West Indies: June 1708, 21-25', Calendar of State Papers Colonial, America and West Indies, Volume 23: 1706-1708 (1916), pp. 755-771. URL: http://www.british-history.ac.uk/report.aspx?compid=73764 Date accessed: 21 October 2014.


Highlight

(Min 3 characters)

Contents

June 1708, 21-25

[June 21.]1561. Deposition of E. Jones and T. Nechills. The following are true copies. Mr. Newman was a poor man but of good esteem etc. At the time he spoke the words complained of, he and Capt. Daniel Johnson were much disordered in drink etc. The window in the gaol where he was confined was stopped up by the Governor's Order etc. Signed, Ed. Jones, Tho. Nechills. July (sic) 21, 1708. Endorsed, Recd. Read June 21, 1708. 2¼ pp. Cf. No. 1559. Enclosed,
1561. i. Copy of Order of committment of Matthew Newman, July 18, 1706. 1½ pp.
1561. ii.–v. Presentment of the Jury, Verdict and Sentence upon Newman Aug. 22, 1706. 3 pp.
1561. vi. Copy of an Act of Bermuda for regulating the Courts, Aug. 31, 1706. 4 pp. [C.O. 37, 8. Nos. 57–62.]
[June 21.]1562. Lt. Governor Bennett's Reply to Mr. Robert Baron, Clerk. I made no promises to him, and did not know him till he came to me from my Ld. Bishop of London. By the Act of Assembly he had but 40l. and two shares of land, but he also had fees for funeral sermons (few people being buried without), etc., besides two shares of School land I gave him, which was more then any Minister had before. I believe he never received any recompense from the town of St. George's for his trouble, for he refused 7l. 10s. which was offered, thinking it too little. I urged the Vestry to give more, but they resented his calling them porgey-headed dogs etc. He and his family were frequent guests at my table. He is owed nothing for rent of house or land. When I signed the certificatt of his character I did not know of his vitious actions, etc. Signed, B. Bennett. Endorsed, Recd. from Sir John Bennet, Read June 21, 1708. Copy. 3¼ pp. Enclosed,
1562. i. Mr. Baron's petition to Lt. Governor Bennett for leave to return to England on the plea of his and his wife's health and want of servants etc. Feb. 18, 170¾. Signed, Robt. Baron. Endorsed as preceding. Copy. 1 p.
1562. ii. Reply of the Assembly of Bermuda to Mr. Baron's petition. Sept. 26, 1705. These Islands are in no way indebted to him. Annexed,
1562. iii.–xii. Deposition of Miriam Dunscomb, Hannah Coverly, Wm. Haley, Mary Bullock, Mary Lambert, Mary Jones, Wm. Stroude, Sarah Smith, and Alice Finney, as to the lewdness, debauchery, drunkenness and profanity of Mr. Baron; Sept., 1705; and of Thomas Phillips as to the offer of the Vestry of St. George's of 7l. 10s. to Mr. Baron and his refusal thereof. Sworn, Sept., 1705. Endorsed, Recd. Read June 21, 1708. Copies. 14 pp. [C.O. 37, 8. Nos. 63–65, 65.i.–x.]
June 22.
Whitehall.
1563. W. Popple, jr., to Sir John Bennet. Encloses copy of Matthew Newman's petition. [C.O. 38, 6. p. 383.]
June 22.
Whitehall.
1564. Council of Trade and Plantations to the Queen. Recommend for H.M. confirmation two Acts of Bermuda, (1) impowering Justices of Peace to determine differences not exceeding 40s. and (2) for quieting estates, which are Acts passed by the Assembly with amendments, as prescribed, in place of two repealed (cf. June 27, 1707). Recommend for confirmation Act to incourage the building a house at the Ferry. The granting the two shares of land proposed by the said bill will be for the good of your Majesty's subjects there, etc. as set out, Acts of Privy Council, II. No. 1066, q.v. [C.O. 38, 6. pp. 384–386.]
June 22.1565. Mr. Secretary Boyle to the Council of Trade and Plantations. Refers enclosed petition, etc. Signed, H. Boyle. Endorsed, Recd. Read June 25, 1708. 1 p. Enclosed,
1565. i. Joshua de Kocherthal to the Queen. Petitions on behalf of 14 more Refugees from the Palatinate, 3 of whom are natives of Holstein, etc. Set out, N.Y. Docs., v. p. 44, q.v. ½ p. [C.O. 5, 1049. Nos. 74, 75; and 5, 1121. pp. 271–273.]
June 22.
Whitehall.
1566. Council of Trade and Plantations to the Queen. Quote representations on defence of Barbados, Jan., 1707 and 1708, and Governor Crowe's account of the Militia there, March 1st, 1708. We humbly offer that, for the security of the said Island, during the present war, it will be necessary that a Regiment of regular and disciplined men be sent thither, so soon as conveniently may be. [C.O. 29, 11. pp. 256–258.]
June 22.
Whitehall.
1567. Council of Trade and Plantations to the Queen. Recommend for ratification 2 Acts of Jamaica concerning Bartholomew and Williams. Cf. No. 1582. [C.O. 138, 12. pp. 287, 288.]
June 23.
Whitehall.
1568. W. Popple, jr., to Wm. Lowndes. Since my letter of June 16, the Council of Trade and Plantations have discoursed with several persons about the transportation of the Lutherans to New York, and the most reasonable terms their Lordships could bring any persons to are contained in the enclosed paper [June 17]. But as the said terms seem to be high, and as their Lordships cannot take upon them to judge of bargains of that nature, not being conversant therein, they have commanded me to desire you to offer their opinion to my Lord High Treasurer, that the Commissioners of the Transport Office are better able to inform his Lordship whether the inclosed proposal be reasonable or not. While their Lordships were transacting this matter, they found that the proposer was unwilling to undertake this voyage without the number of 150 passengers, and their Lordships being informed that there are about 100 recruits to be sent to New York, if this proposal shall be thought reasonable, those recruits may be transported in the same ship. As the proposer do's expect to know whether his proposal will be accepted of, their Lordships desire that, when any resolution is taken in this matter, they may be informed thereof, in order to their communicating the same to the proposer. Col. Nicholson and Mr. Micajah Perry, who have been versed in these matters, are willing, if required, to undertake the buying the tools and necessaries for the said Lutherans, so soon as my Lord High Treasurer shall please to issue the monv. [C.O. 5, 1121. pp. 269–271.]
June 23.
Whitehall.
1569. Council of Trade and Plantations to the Earl of Sunderland. Enclose Address from Nevis, March 13, and repeat Representation of Dec. 19, 1707, as to supplies required for Nevis and St. Kitts, and pray that they may be sent as soon as possible. [C.O. 153, 10. pp. 179, 180.]
June 23.
Maryland.
1570. Governor Seymour to the Council of Trade and Plantations. On June 14, and not before, I had the honour of your Lordships' of May 7, 1707, and Sept. 2, 1707, both being duplicates and forwarded to me by Col. Jennings. By that of May 7, I am glad to observe H.M. has been pleased to appoint your Lordships to preside over her Plantations, and that I shall have the honour and happyness on all occasions to make my application and Address to such worthy personages to whom I have long since had the honour to be personally known, and shall at all times with great dilligence and sincerity endeavour to discharge my duty by giving your Lordships from time to time the best information of the state and condition of this H.M. Province, as well by letter, as way of Journall, togeather with coppys of the Publicque Acts of Assembly and accots. of the Publique Revenue here. In answer to your Lordships' commands to send you a compleat list of the present Council, etc., repeats names of Councillors appointed, dead and not attending. Finding it very difficult to procure a meeting of the Councill on never so urgent occasions, the number of 12 being reduced to 6 and under 9, I was obliged, pursuant to my Instructions, to swear two Gentlemen of the Councill, being of the number of those I formerly offered to the Honble. Board, viz. Col. John Contee and Samll. Young, Esq., gentlemen of knowne probity and good worth, and who have been allways zealous to promote H.M. service, and now recomend them to your Lordships to be confirmed and approved by her most sacred Majesty, togeather with four others, Phillip Lynes, Esq. and Col. Thomas Greenfield, Lette Biggs, Esq. and Col. Thomas Addison, Gent. of good abillity and bearing, true affection to H.M. Government, to supply the present vacancys of H.M. Councill resident here, if it be her good pleasure. And further present you the names of 12 other persons, of good loyalty, worth and probity, by whom any other future vacancys may be supplied, viz. Jno. Hall, Major Jno. Hawkins, Col. Wm. Whittington, Wm. Harris, Robert Bradly, Jno. Gresham, Col. Charles Greenberry, Lt. Coll. Richard Tilghman, Lt. Col. Tho. Hammond, Coll. Nath. Hynson, Matthew Tilghman Ward, and Major George Gale, the one half resident on ye Westerne and the other on the Eastern shoare, of good probity and understanding. Upon view and strict examination of the best list I could procure of the number of inhabitants, they were the last yeare computed to be 33,833 souls, white and black, viz. 7,090 Christian men, 6,325 Christian woemen, 12,808 children, 3,003 white servants and 4,657 slaves. The last list was so ill taken that there can be no fair estimate made thereof, being found very erroneous, so cannot pretend to say how much the number of inhabitants is since increas'd, which notwithstanding is considerably; but for your Lorps.' satisfaction acquaint you that since the Crowne tooke this Province under its more imediate protection, anno 1690, the taxable persons, vizt. the white men and black men and woemen from 16 to 60, are increas'd from 10,400 to 15,840, in all 5,440 taxables. Wee are dayly made sencible of the loss and remoovall of divers inhabitants and residents in this Province to our neighbouring Collonys of Pensilvania and Carolina; the chief motives whereto are the present poverty of this country, the Planters having sufferr'd extreamly this present warr in the marketts being shutt up, so that after the numerous hazards of unseasonable weather, lack of plants, the ffly, the ground worme, the horne wormes, it's being house burnt, frost-bitten, the dangers of sea and our enemys, all encountred and overcome, the freighters have not had near the vallue of their labour or expence of servants and cloathing etc., and those who have layd out their cropps with the merchants in the countrey, have not been able to get above 3s. 6d. per cent., so that for many years last past, servants and slaves have proved burthensome to many masters, and helpt by hard labour to impoverish them. The inhabitants of North Carolina finding in what ill circumstances wee are here, many being indebted for more then their stocks, made an Act of Assembly there, inviting all persons to settle with them under the protection of 5 yeares' exemption from paying their debts, which has drawne many familys thither. Againe Pensilvania, on the other hand, by raising the vallue of their coynes to so extravagant a height, beyond H.M. royall Proclamation, and the great encouragement they give to saylors, has induced many young ffreemen, artificers and saylors to quitt this Province and settle there; so that unless H.M. be graciously pleased to lay her commands on those Governments to repeale the aforesaid Carolina Act of Assembly and conforme themselves in lowering their coyns according to the Proclamation, there is no likelyhood of preventing her subjects continuall desertion hence to those less proffitable Collonys. As for those miserable people that are so much indebted, I know not why their deplorable circumstances should not be taken into consideration by H.M. being pleas'd to recomend to the Generall Assembly an Act of Bankruptcy in their favour to acquitt them upon delivering up their all to their creditors, which is as much as can be required, and that it shall be fellony to conceale or imbeazill, so that they may be once more enabled to begin the world againe, and H.M. not lose the use of so many subjects. The number of the Militia, horse and ffoot upon the review I made the last yeare amounted to 5,738 effective men, but very many of them very ill arm'd and accoutred, and the reason of it I take to be is that the Law obliges them to supply themselves, which many are not able to doe under the present scarcity. Our trade of exportation is wholly of tobacco to Great Brittaine, unless some very little inconsiderable quantity supplyed to H.M. subjects in the West Indies, and that not much encouraged, and from the South part of H.M. Kingdome of Great Brittaine have we most of the supplys wee recieve of European manufactures as formerly wont, not above two vessells having yet arrived from North Brittaine, as for wine, rumm, sugar, molasses and salt, they are brought us from the Azores, West Indies, Saltitudoes and Providence, or Exuma, but of those small quantitys suffice. As to the increase of trade here, of late years few white servants have been imported from England, and most of them woemen, but severall men servants as well as woemen, from Ireland, and a considerable quantity of negroes from Gambo and the Gold Coast, besides the country natives grown up, so that the quantity of tobacco made here is not deminished, but rather increased of late years; and 'tis computed that there has been made upwards of 30,000 hogsheads the last yeare, and yet it's believed not sufficient to lade the present shiping, the advantage of consignements having engaged many of the merchants in London not only to build many brave shipps, but also to hire others on Charter party. Untill this last ffleet, wee have all this warr wanted a competency of shipping to carry away the tobacco made, and the want of European goods, the shipps importing nothing but protested bills of Exchange, had occasion'd sundry persons, especially on the Easterne shoare, to sow flax and hemp for their present supply. But these endeavours, upon the rise of tobacco, will be quickly laid aside. The present methods used to prevent illegall trade are the dilligent endeavours of the severall gentlemen appointed by the Commrs. of the Customs to be Collectors and Surveyours of H.M. rates and dutys here, and also by the Navall Officers here appointed by myself, so that there has been very little carried on since my accession to the Government, unless in some very triviall matters not worth your Lordshipps' notice, and which are constantly punished with the uttmost severity, when detected. But for the more effectuall discovery of any abuses of this nature, I am humbly of opinion a small Customhouse shallop with a discreat Master, knowing the Acts of Trade, and tenn men, would be a great cheque to any such designe, and be of more expedition and service then a bigger vessell. There are few shipps or other vessells belonging to the Province, tho divers of the considerable Planters are concern'd in some with the merchants in London, but with little advantage. There have been some good shipps built here, as the Elizabeth of Leverpoole, of near 400 tunns, the Factor of Bytheford of neer the same burthen, the St. Quintin and divers others by the merchants in England, besides some few brigantines and sloopes, not above a dozen in all, by the inhabitants, whose trade is confined to the West Indies and Azores. The countrey are naturally inclined to building vessells, and the natives take it upon them very readily, but the loss of their small craft by the French in trading to the West Indies, togeather with their low circumstances, not having wherewithall to procure sailes, rigging and ironworke, has not only discouraged but totally disabled them from the attempt. As to manufactures here, they are inconsiderable, shoes being the chiefest, and those not to be had but at farr dearer rates then from Great Brittaine. Pinching want has put some few on making of a little linnen and woolen, but not sufficient to supply their owne familys, and that too would be quickly layd aside were they supplyed from Great Brittaine, at any reasonable price, but few goods of late years have been sold under 300 per cent. The account of publick arms and amunition has been lately transmitted to the Honble. Board, since which by the care of Col. Blackiston, our Agent, we have receiv'd a fresh supply of arms and amunition, so that wee have now in our magazine 200 musqtts., high caliver bore, 100 carbines snaphanch, 100 cutlaces with broad deep blades, 200 cartouch boxes, 110 half barrells of powder 56 lb. each, one half barrell of glazed powder, 500 weight of lead, one half in bulletts, the other in high swann shott, 24 drums and 120 halberts, with 12 trumpetts, beeing one for each County. What I wrote your Lordshipps as to a guardshipp here, I thought was my duty, this coast for some years last past having been continually infested by the Martinico privateers, and many of our merchants shipp, to the detriment of their owners, and great diminution of H.M. Customs, having been snapt up even at the Capes' mouth, a thing not heard of before since the last Dutch warr. My Lords, I am glad mine of March 6 and June 10, 1707, have kissed your Lordships' hands; as for Benj. Celie and Humphrey Hernaman, they are now both of them in the neighbouring Province of Pennsilvania at worke for themselves, the one being a carpenter and the other a blacksmith, without any restrainte, and beg leave to assure your Lordships, what I did in that matter was in their favour, and what I was advised to by the Generall Assembly here, tho I am happy to stand corrected by your Lordships' better judgment. Richard Clarke, the ringleader of all the late villanys and disturbance here and who has put the Countrey to above 1,000l. charge, being since taken and executed, the Countrey is now very much at ease and in great tranquility. I am pritty well assured, ere this, the Journals of Assembly, Minutes of Councill and the Laws, are arrived in Capt. Thos. Carpenter, in the Sussex galley, yet will by the ffleet send duplicates in obedience to my Instructions, so that your Lordships will have the Law for towns, that for suspending the prosecution of Romish Priests, and the Law relating to the Lord Baltemore's Agents before you, for your consideration and direction. I doubt not but your Lordships will consider the Act pass't in 1694, for encouragemt. of learning and advancement of the natives, with the reasonableness of what I have humbly offerred for H.M. service and benefitt of the Province, beyond which I am altogeather disinterested. In obedience to the directions from the Honble. Board, with the advice of H.M. Councill here, I have regulated the Provinciall Court by reducing the number of the Justices of that Court, formerly 12 or 13 at the least, to 4 of the most discreet and understanding persons, who hold 4 terms annually, vizt. in Aprill, July, September and November, and go the Easterne and Westerne Circuites twice in a year, vizt. in May and October; the first circuit of Assizes, having been perform'd in May last to the generall sattisfaction of the whole Province, unless some few County Justices, who love honour and take their dignity to be lessen'd by any authority appearing greater then theirs in the severall countys. As to the Law about ordnary lycences, the Generall Assembly assert that those perquisites were no proper fee intended to be settled on the Secretary's Office, tho the Lord Baltemore's Secretary's were, by his Lop.'s assignement, on some considerations permitted to receive them, but vested in his Lop., in right and support of Government then in him; so that altho myself and severall of the Councill earnestly endeavoured to have the Law revived in favour of H.M. Secretary, yet we were not able to prevaile, nor considering the temper of the people, can I now hope any better success on fresh recomendation, therefore am of opinion H.M. Secretary should make application for a small Act of Parliament in England to settle those lycences. I know not what misrepresentations to your Lordships I may lye under, from the present Secretary, Sir T. Lawrence, in relation to his office, notwithstanding it is manifest by the late regulation of the Provinciall Court, his fees are considerably augmented. I have not yet been so happy to receive the Honble. Board's letter of March 6, 1708, therefore am not able to make answer thereto. I have allready acquainted your honourable Board that the persons I sent to demand at North Carolina have been delivered up to Justice here, and likewise transmitted two coppys of the Act of Assembly made there for the protection of debtors, which I doubt not but your Lordships will think reasonable to lay before H.M. for her directions to that Government. This Province are highly obliged to your Lordships' just consideration of their great necessity, in that you have been pleased to recomend to the merchants to supply it with English manufactures, which they have by this fleet in some measure complied with, so that the little manufactory of linnen and woolen, upon which some small essays have been made by people in the greatest want, will fall of themselves, the merchants being able to supply them from Great Brittaine at farr easier rates, if they think fitt. When Mr. Dumer is pleas'd to make his proposall to your Lordships about letters, etc., and I receive your comands, I shall not faile to use my uttmost endeavours to forward that so advantageous a designe for improoving our correspondence with great Brittaine. Just in making up this letter, I receiv'd your Lordships' of Feb. 12, requiring an account of the ordnary lycences, and how many have been granted from Oct., 1703 to 1707. As the management of that concerne is wholly in the hands and under the care of the severall County Clerks appointed and commissionated by H.M. Secretary, so it will be some time before I cann have the account from them, tho I have given directions to have them transmitted for your Lordships' satisfaction, which I shall endeavour by the returne of the ffleet. Some letters I have wrote to Mr. Blathwayt, whilst he had the honor to be of your Board, and those relating to H.M. service, as Auditor of the publique Revenue, and thought it the safest way and quickest method to direct them under covert to Mr. Popple, Mr. Blathwayt being often out of towne on his owne affaires, as well as H.M. service; but for the future shall observe your directions, and assure your Lordships I never sent one letter relating to myself or familly under yt. cover. Tho I have made my application to the Secretary of State, the Admiralty and your Honble. Board, I can never get my letters from the men of warr in any reasonable time after their arrivall, which I am ashamed to complain of so often, but I hope your Lordshipps will excuse me being not able to answer letters in time, which come to me so oddly, who am as willing, as ready and as obedient as any Gent. in my rank to obey the orders of my superiours, etc. Signed, Jo. Seymour. Endorsed, Recd. Sept. 8, Read Nov. 10, 1708. 12 pp. [C.O. 5, 716. No. 54; and 5, 727. pp. 76-95.]
June 23.
Whitehall.
1571. W. Popple, jr., to Mr. Broughton. The Council of Trade and Plantations expected that you wou'd have brought the certificate from Sir E. Northey. They expect you on Friday, etc. [C.O. 5, 1121. p. 269.]
June 24.1572. Duplicate of preceding. Overleaf,
1572. i. Sir E. Northey's certificate as to Mr. Broughton's abilities. Set out, Acts of Privy Council, II. p. 525. Signed, E. Northey. Endorsed, Recd. Read June 25, 1708. Addressed. 1½ pp. [C.O. 5, 1049. Nos. 73, 73.i.]
June 24.
Virginia.
1573. Col. Jenings to the Council of Trade and Plantations. I did myself the honour of writing to your Lordships Feb. 26 last, and hope it hath ere now reach'd your hands; since which Capt. Stewart in H.M.S. Guarland arrived here to attend as a guardship: but the misfortune of having one of her masts sprung in the voyage hither, and besides being very foul, has very much disabled her to do that service wch. otherwise might have been expected. Soon after Capt. Stewart's arrival, one Crapeau in a privateer sloop from Martinico of four guns and about 70 men, took a ship from Liverpoole and a sloop from the West Indies, a little to the Southward of our Capes; on which H.M. Council here caused a nimble sloop to be impressed, and delivered to Capt. Stewart, who mann'd her out and together with the Garland cruis'd about the Capes for some time, but was not so fortunate to meet with this privateer; and having since receiv'd orders to take under his convoy the ffleet now bound for England, the further pursuit of the privateer was thereby interrupted, and an opportunity given him to committ further spoils on this coast, and I am informed that (since Capt. Stewart came in to prepare his ship for the homeward bound voyage), he has been within our Capes and lately taken a ship off the Capes of Delaware. The knowledge this privateer hath gain'd of our coasts, and the success he has had, will in probability encourage him and others to visite us too often, and I am perswaded your Lordps. are so sensible of the loss H.M., as well as her subjects, sustain by the enemy's taking the ships bound from this country, that your Lordps. will judge it very necessary that a guardship of good force should constantly attend this Colony, which under the conduct of a dilligent Commander might effectually secure this trade. I am obliged to acquaint your Lordps. that Capt. Stewart not being provided with a long boat, wch. would have been very usefull for attacking small privateer vessells in shoal water, the Council on his representation continued the aforementioned sloop in pay for that particular service, which has brought above 70l. sterling charge on the Queen's Revenue; and I hope when another guardship is ordered hither, she may be provided for the service required of her, without depending on an uncertain assistance here. The accounts of H.M. revenues are by this opportunity transmitted to my Lord High Treasurer by H.M. Auditor and Receiver Generall. The uncertainty of Capt. Stewart's proceeding with this fleet directly for England, has occasion'd my delaying the sending your Lordsps. the Council Journals; but I here humbly transmit an abstract of that Journal from Oct. 15, 1706, to Aprill 30 last past inclusive, and [that] by the Fleet send your Lordps. the Journals themselvs, with all the other publick papers relating to this Government. I have in conjunction with the rest of H.M. Council, presumed by former conveyances humbly to represent the encroachments made on this H.M. Colony by the Proprietary Government of Carolina, and I now send a transcript of all the proceedings in relation to that dispute since 1680, so far as can be collected from the Council books. I humbly offer to your Lordps. that the settling the bounds of that Province is of great consequence for H.M. service. The great obstacles to it heretofore have been the want of particular directions from your Lordps. and the consideration of the charge it would cost, which the General Assembly have been unwilling to defray, alledging it ought to be paid out of the Queen's Revenue: and since there's little hopes the Assembly will do it, and that the Revenue of 2s. per hhd. is not sufficient to defray that and the other charges already on it, I humbly submitt whether it would not be for H.M. service if H.M. would order the charge of laying out those bounds to be paid out of the Quitt-rents, since that Revenue will be considerably augmented by the addition of many thousand acres of this Colony, if the Proprietors are confin'd to Weyanoak Creek, the boundary mentioned in their Charter, and not suffered as at this time to extend their pretensions to the Nattoway River and other places which never bore that name. The patenting the lands on the South side Blackwater (wch. your Lordps. have now under consideration), has so near a relation to the ascertaining those bounds that the one cannot be perfectly settled without the other, for, after the taking up land in those parts was restrained here, there have been several tracts of land taken up and patented, and much more entered for both by the inhabitants of this Country and Carolina, as under that Government, wch. on a fair division will fall within this Colony. So that unless the bounds be ascertained, there will be great inconveniencys found from the interfering of entrys and patents, and opportunity given to defraud H.M. of her Quitt-rents, under pretence of grants from Carolina. The dispute with the Proprietors of the Northern Neck concerning a tract of land lying in the Forks of Rappahannock River, and claimed by them by vertue of their grant, is yet undetermin'd. The testimonys of some persons who have travelled up that river, with the accounts of the Indians, seem to favour the pretensions of the Proprietors, the Southern branch being reported by them to be the larger: but there's little certainty in this account, neither was it known at the granting of the Proprietors' Charter, whether there was any such Southern branch: so that it may very naturally be inferred that the intention of the Crown was to bound the Proprietors' grant with that part of the river which was known to ly next to it, which is humbly submitted to your Lordps.' consideration. I shal only add, that those branches extending themselves still wider the nearer they approach the mountains, the tract of land between them is very considerable, and may in futurity bring in a considerable Revenue to the Crown or the Proprietors, to whichsoever it shal be judged to belong. Some time before the death of the late Governor, the General Assembly was prorogued, and afterwards on advice in Council, it was thought fitt to continue it under prorogation, that there might be an Assembly ready to meet in case anything extraordinary for the safety and peace of the Country should require it, before the arrival of a Governor, who was then expected, pursuant to which advice, prorogations were made from time to time; but it being surmized amongst the Burgesses, that by those frequent and repeated prorogations, they were ipso facto dissolved, therefore, least that scruple might obstruct the country's business when there should be occasion to call them together, it was thought fitt rather to dissolve the Assembly by proclamation; and the Country being (God be thank'd) very quiet, it hath not been thought necessary as yet to call another Assembly. Some vagrant Indians of the Tuscoruro nation, who used to hunt for the inhabitants of the frontier Plantations, having last fall committed a murder in New Kent County; three of the persons suspected were seized, two of which poyson'd themselves in prison before tryal, the third, whose name is Jack Mason, was tryed and found guilty by the Jury; but upon such slender proofs that the Commissioners appointed for his tryal thought fitt to recommend him as an object of mercy, and it has been since prov'd that he was at another place some miles distant at the very time the murder was committed: but he being found guilty of wilfull murder, which H.M. hath thought fitt to direct shall not be pardon'd here without H.M. express order, I humbly request your Lordps. to move H.M. for her royal pleasure therein. There are other Indians suspected who are now among the Tuscoruros, and a demand hath been made to have them delivered up to Justice, wch. their nation have not yet done; but I hope satisfaction may be had concerning them, without any danger to the Country. The Government of South Carolina have lately seized divers goods which the Indian Traders of this Colony were carrying to the Western Indians, and have very much interrupted that trade. I have, with the advice of the Council, written to the Governor of that Province to know his reasons, it being a new practice never offerred at before, tho' that trade has been carryed on by the inhabitants of this Colony these many years. If that Government have power to restrain all but themselves from trading with the Western Indians, under pretence of their being within the Proprietors' Bounds (tho' they own no subjection to them) it will very much diminish the trade of this Colony, and lessen the consumption of the manufactures of England, which are now vended in that trade. On May 27 I had the honour to receive H.M. royal Instruction, impowering me to take upon me the administration of the Government of this Colony, and to execute the same powers as H.M. Lieutenant Governor or Commander in Chief could or ought to do, during the absence of H.M. Lieutenant and Governor General. I must acknowledge this extraordinary mark of H.M. favour is an honour I as little expected as deserved, and for which the utmost of my endeavours for H.M. service will be too small to express the deeper sense of it which I shall always preserve in my heart: at the same time I cannot ommitt my humblest acknowledgements to your Lordps. etc. I shall endeavour with all faithfulness to discharge my duty etc. The greatest part of H.M. Royal commands which I have received by this Fleet bear direction for Governor Hunter, whose misfortunes I am heartily sorry for: I have, with the concurrence of H.M. Council, taken measures for answering your Lordps.' letter of May 7, 1707, and hope to be able to give particular answers to every one of the inquiries mentioned therein, by the Fleet. I have likewise had the honour of your Lordps.' of June 12 and Sept. 2, 1707, but the letter of March 26, mentioned in the first of them, never came to my hand, and I fear it is unfortunately miscarried. I observe your commands in relation to the Blackwater and Pamunky Neck land, and to the granting of Patents, and I here send a true list of the patents that are prepared, and ly for signing till your Lordps. signify your further pleasure therein. Acknowledges intimation of repeal of Act for settling the titles and bounds of lands etc. (July 1, 1707). I wish the original Order were come that I might issue a proclamation to notify H.M. disallowance of it; for that Act being the most frequently used in the Courts of Judicature in all tryals about land, and it being commonly rumored in the country that 'tis repealed, it will occasion great confusion in the Courts, untill that repeal be publickly notifyed. On June 20 I had the honour to receive H.M. Order repealing the Act of Revenue etc., and have published the same by proclamation. I have in like manner communicated to the Members of H.M. Council, H.M. royal Commands (Dec. 30,1707) for their constant attendance at Councils wch. I hope they will give all due obedience to. The Act of Assembly which laid that useful and necessary duty on liquors and slaves expired on May 24; there hath been raised by this Act about 4,000l. sterl., 3,000l. of which was appropriated to the building of a house for the Governor; but this will not be sufficient to finish it, neither can the overplus be applied without the direction of the Assembly. 'Tis expected that all the outside work will be finish'd this summer, wch. will exhaust the whole ffund appropriated for the building, but I shal take all necessary care to have that work finished as soon as may be. I'm sorry to acquaint your Lordps. that tobacco continues still very low in its price, and wch. is worse there is like to be but indifferent crops this year. This Fleet has supplyed the country very plentifully with goods for the present, and I wish the merchants would so far see the general interest of the nation as well as their own, as to send in continued supplys of cloathing, which will be the only effectual means to take off the inhabitants of this country from going on the woollen and linnen manufactures, to which necessity at first forced them, and the benefite they have found by it seems to have confirmed in them too great an inclination to continue it, in so much, that this last year the planting of tobacco has been laid aside in some parts of the country, and the improvement of the manufactures of cotton, woollen and linnen followed with an unusual alacrity and application. Signed, E. Jenings. Endorsed, Recd. Sept. 8, Read Nov. 8, 1708. 5½ large pp. Enclosed,
1573. i. List of Patents of Land prepared for signing. Endorsed, Recd. Sept. 8, 1708. 5½ large pp. [C.O. 5, 1316. Nos. 7, 7.i.; and (without enclosures) 5, 1362. pp. 304–315.]
June 24.
Virginia.
1574. Col. Jenings to [? the Earl of Sunderland]. Repeats part of preceding. Signed, E. Jenings. 2¾ pp. [C.O. 5, 1341. No. 9.]
June 24.1575. Office Accounts of the Council of Trade, Xtmas to Lady Day. See B.T. Journal, July 7. 5 pp. [C.O. 388, 76. Nos. 38–40.]
June 25.
Whitehall.
1576. Council of Trade and Plantations to Governor Parke. Acknowledge letters of Oct. 22, March 6 and 8. We observe what you say in relation to seizures for trading illegally, and that the reason why no seizures are made is because Col. Codrington is like to pay so dear upon that account; but we do not think that a sufficient reason to prevent lawfull seizures, and therefore where there is proof that the Acts of Trade and Navigation are violated, you ought to give the necessary directions that seizures be made and prosecuted as those Acts direct: in the doing whereof you cannot doubt of being justifyed. As to your sending us the Naval Officers' lists of ships entred and cleared in your Government, we do not understand yt. you are to pay for the same. But if that officer should continue to refuse to give you such lists for us, you ought to suspend him from the execution of his place, giving us an account thereof, that we may lay the same before H.M. Though the Laws for quartering of soldiers and for sending negroes to publick works be temporary, yet you ought to have transmitted them to us, for thoug they would expire before H.M. pleasure cou'd be known upon them, yet it is fitting we should see them in order to our making such observations thereupon, and transmitting the same to you from time to time as occasion may require. We are very sorry to perceive that the rules of justice are so little regarded in ye Courts, and therefore you will do well to endeavour to get a Law pass'd for the better regulating of Courts, and for the better administration of Justice in the several Islands under your Government. As to the Acts for your house-rent, we sent you, Feb. 26, H.M. Instruction to you on that behalf, which we doubt not but you have received before this, and therefore we have nothing further to add. There has no complaints been made to us against you; but if any should come, you may depend upon our doing of you Justice, and that nothing will be done here to your disadvantage without your or some persons on your behalf having an oppertunity to answer the said complaints. We have likewise considered your letter subjoyned to your Speech to the Assembly of Antigua, and by our next shall be able to give you our thoughts upon it. [C.O. 153, 10. pp. 181–183.]
June 25.
Whitehall.
1577. Council of Trade and Plantations to Governor Handasyd. Acknowledge letters of Feb. 14 and March 31. We have laid before H.M. the two Acts relating to the free Negroes for her royal approbation. We have considered your objections to the Bill for quieting possessions, which objections we think reasonable and well grounded, and that you have done well in refusing to pass that Bill into a Law; and we doubt not of your care on all occasions that no such clauses so prejudicial to H.M. interest be incerted in any future Law, without H.M. leave first obtained. We are sorry to perceive the Assembly have so little defference to H.M. commands in relation to the officers and soldiers. But we hope that at their next meeting they will come to a better temper. You have done well in supplying Commodore Wager with men, in order to his cruising for the galleons, of which we are in hopes to hear a good account from the Commodore's diligence and zeal in H.M. service; we are glad to hear he gives such satisfaction to the merchants and Traders of Jamaica, and particularly that the trade to the Spanish coast goes on so successfully. If you consult the Act for the encouragement of trade, and the Act for preventing frauds and regulating abuses in the Plantation trade, you will find that, upon a vacancy, the nomination of a Naval Officer in the Plantations is in the Governor, copies of the clauses in the abovementioned Acts upon that subject are here inclosed, so that your appointment of Mr. Norris to that place, he giving the security as required by the said Acts, is a legal constitution. H.M. has been pleased to appoint Mr. John Peck to be of the Councill, in the room of Col. Sadler decd. As to Mr. Brodrick, whom you have recommended, we find in our books such objections formerly made against him that we cannot think it for H.M. service that he bee admitted to that Board. As to what you say, that some of the old Members are Factors to the American Company, we send you here inclosed the copy of a clause of the Act to settle the trade to Africa, whereby you will perceive that all Factors, Agents etc. for the said Company, are prohibited from being Judges in the Plantations, under the penalty of 500l., and whereas Counsellors in Jamaica are Judges in cases of equity or error, you will do well to acquaint the said Counsellors herewith, that they take care they do not any longer transgress and incur the penalty of the said Law. [C.O. 138, 12. pp. 288–292.]
June 25.
Whitehall.
1578. Council of Trade and Plantations to Governor Crowe. Since our letter of May 14, a duplicate whereof is here inclosed, we have received yours of March 1. We commend your care in endeavouring to discipline the Militia of Barbadoes, but we are sorry to understand it is in so ill a state. We have again represented that matter to H.M. etc. [See June 22.] When H.M. pleasure shall be declared thereupon, we shall give you timely notice thereof. We are sorry that the differences between you and the Assembly have rise to such a height as to occasion their dissolution before they had passed the Excise Bill, which, as you observe, may prove of ill consequence, should the fleet arrive before another Bill be passed. We were in hopes matters might have been so ordered as that the publick would not have suffered, and we think it highly imports you to take care to prevent the like inconveniencies for the future. You ought with all the earnestness possible to recommend to the Assembly the raising of a fund for repairing of Fort St. Ann's, and for maintaining of the Mattrosses. The Assembly's backwardness in these matters are no incouragement for the sending of a Regiment thither. You will do well therefore to press them in the most effectual manner that they comply with what is so necessary for their own safety. As to what you write upon your Instructions in relation to the four suspended Councillors, we always understood those Instructions in the same sence as we writ you Oct. 30 and Jan. 29 last, viz., that those Instructions cou'd not be interpreted to mean that the said Counsellors shou'd be turned out, barely for voting for the Paper Act, especially when they so soon saw their error, and altered their measures accordingly; and we cannot but think that the Earl of Sunderland understood it so likewise by his letter to you of March 28, 1707, directing you to pursue the same methods as Col. Sharp had done in the administration of the Government. The great neglect you complain of in the officers in the performance of their respective duties in the service of the publick, is what we think may be easily remedied; for if upon your admonition, they continue still to misbehave themselves, you ought to make use of the power given you by H.M. to suspend the chief offenders in order to deter others, and to transmit an account of your proceedings therein, with your reasons for your so doing, that we may lay the same before H.M. for her pleasure therein. We have considered the reasons given by some of the Members of the Councill, Nov. 4, 1707, for their opinion on the petition of Col. Holder, and here inclosed transmit to you our observations thereupon. [See Nov. 5, 1707.] [C.O. 29, 11. pp. 267–270.]
June 25.
Whitehall.
1579. Council of Trade and Plantations to Lt. Governor Bennett. Since our letter of May 14, a duplicate whereof is here inclosed, we have received yours of Feb. 10 and March 25. The letter you mentioned to have writ by the way of Virginia, dated Sept. 22, 1707, is not come to our hands, so that if there was anything material in it, you will do well to send us a duplicate thereof, as indeed you ought to do upon all other occasions. We perceive by the list of Counsellors you have sent us that there are 4 vacancies in the Councill of Bermuda, but you have not acquainted us what is become of the persons that filled those places, whether they be dead or gone off the Island, which you ought to have done in order to our laying that matter before H.M., and therefore we must expect your answer to this before we can proceed any further therein. Tho your reason for not sending a list of the inhabitants has some weight in it, yet we cannot think the sending of such lists can be of any prejudice to the Islands under your Government, if you take care to direct the captains of the ships, to whom you intrust them, to thro' your packets overboard with a weight fasten'd to them, in case of imminent danger from an enemy. We have received from your brother the papers relating to Mr. Barron, and shall in a little time receive also your letter in relation to Mr. Jones. The further consideration of whose complaints we intend to respit according to your desire till the arrivall of those gentlemen you say are coming from Bermuda. Upon this occasion we must take notice to you that you ought not to transmit to your brother any of our letters, or even copies thereof, nor indeed any papers which relate to the publick. These ought to be transmitted as directed by your Instructions to us and to a Secretary of State. You may depend upon our doing of you justice in everything that shall come before us, and no complaints will be made use of to your disadvantage till you, or your friends for you, have been heard. We are glad to understand that the fortifications are compleated and that the militia are in such good order, in which we think you have done good service, and we shall, as occasion offers, take notice of it. We have read the proceedings you have sent us in relation to the Rose, seized by Lt. Wilcox, but this matter being now before H.R.H., we can do nothing in it, unless it be referr'd to us; in which case we shall report our opinion to H.M. However, we think the proceeding had been more regular, had you appointed a Court of Admiralty to have examined that matter, tho we perceive that Lt. Wilcox notwithstanding he once desired it, did afterwards desist. We have laid before H.M. the two Acts you have sent us for her approbation, as also the Bill for the building of an house at the Ferry, etc. (June 22). As soon as H.M. pleasure shall be declared thereupon, we shall give you timely notice thereof. We have not received your letter of June 25, 1706, which you mention in our Secretary's letter to have writ us, containing an account of stores of war etc., and therefore we expect a duplicate thereof by the first conveyance. Having examined the list of Acts which you have sent us, passed since your Government, we find four of them wanting. And it appearing to us that there have been no Acts passed in Bermuda between 1704–1707, we desire you to inform us whether it be so, or no. [C.O. 38 6 pp. 387–392.]
June 25.
Admiralty Office.
1580. Mr. Burchett to Mr. Popple, jr. In answer to letter of June 17, H.R.H. has receiv'd the like account from Mr. Brydger. It is of very great importance to the service to have the said Surveyor enjoyn'd to prevent the waste of great trees and supported therein all that may be; the redressing of which matters the Prince thinks does properly belong to the Council of Trade and Plantations, and therefore doubts not but their Lordships will take effectuall care to prevent this. Signed, J. Burchett. Endorsed, Recd. Read June 25, 1708. Addressed. 1½ pp. [C.O. 5, 864. No. 223; and 5, 912. pp. 425, 426.]