|
| [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.] |
