Journal, October 1705
October 2. Present:—Sir Philip Meadows, Mr. Pollexfen,
Reference from Mr. Secretary Harley on petition of several merchants about a retaken ship.
A reference from Mr. Secretary Harley of the 23rd of the last
month upon the petition of the Jamaica merchants praying
that her Majesty would please to grant them her 8th part of the
ship Richard and Sarah, taken by a French privateer and retaken
by her Majesty's ship the Rochester, was read; and thereupon
ordered that the said merchants have notice to attend the Board
on Thursday morning next [fo. 48].
Draught of letter to Mr. Secretary Hedges about Mr. Penn's proposal of surrender.
Draught of representation on laws.
The draught of a letter to Mr. Secretary Hedges upon Mr. Penn's
proposal for surrendering his government of Pennsylvania to her
Majesty [fo. 43, 53], as also the draught of a representation upon
the laws of Pennsylvania [fo. 43, 48], were read; and thereupon
ordered that Mr. Penn have notice to attend the Board on Thursday
Memorial from Mr. Field, &c., about Act intituled Hereticks.
A memorial from Mr. Field and Mr. Wyeth [I fo. 416], in answer
to Sir Henry Ashhurst's last memorial relating to an Act of
Connecticut intituled Hereticks [fo. 50], was read; and thereupon
ordered that a draught of a representation be prepared for offering
to her Majesty that the said Act be repealed.
October 4. Present:—Sir Philip Meadows, Mr. Pollexfen,
Letter from Mr. Secretary Hedges.
Duty on corinths at Venice.
A letter from Mr. Secretary Hedges of the 14th of the last month
[fo. 37, 53], referring to the Board an extract of a letter from
Mr. Broughton, Consul at Venice, with a copy of an Act of that
Senate for laying a new duty upon corinths laden on English ships,
Mr. Shepherd, &c., in behalf of Venetian merchants.
Mr. Samuel Shepherd and Mr. Claude Jamineau attending in
behalf of the Venetian merchants [fo. 37, 53], they returned to the
Board the papers from the foresaid Mr. Broughton, which were
communicated to them the 30th of August last, relating to an
imposition of ten dollars per 1,000 laid by the Senate of Venice
upon corinths shipt in English ships, to commence the 1st of January
next, which they said was an equivalent to the 4 shillings per centum
laid by the late Act of Parliament upon corinths imported here in
Venetian ships. They said that the Venetians were much in the
wrong to be offended at the imposition laid here; that they ought
rather to take it as a kindness that the said imposition was not laid
upon English ships also; that the quantity of corinths imported
in English ships was about 3,000 tun per annum; that the Venetians
have not had above six ships at most come hither in a year, and that
the duty laid upon them is between 3 and 400li. a ship; whereas,
if it had been laid upon English ships also, it would have given
a great shock to that trade; that they are of opinion that, if the
Senate do exact the new imposition of 10 dollars per 1,000, they
will in a little time destroy their own trade; for the prime cost of
corinths at the islands was 12 duckets per 1,000, the ordinary
duty as much, besides this new addition of 10 dollars; so that,
with the other charges in lading of their ships, the corinths come
very dear on board. Then reckoning the freight home and the
duty here (which duty is as much as the whole charge there) they
will be so very dear that it will not be worth while to import them.
Besides it is to be considered that we can be without their corinths,
whereas they cannot be without our woollen manufactures, salmon,
red herrings and pilchards, which they cannot be furnished with
from other countries. And these gentlemen added that they
doubted not but the Venetians would in a little time see their error,
when they once begun to percieve their corinth trade to slacken;
but, if they should not repeal this additional duty of theirs, then
these gentlemen thought it would be prudent that the same duty
laid here on the Venetian ships should be laid likewise on English
ships, which would soon put a stop to that trade, and thereby be a
means to bring the Venetians to reason: however, they said they
were informed by their correspondents that the Senate were
deliberating about lengthening the time for the commencement
of this new duty till Aprill next, in order to see what our
Parliament would do thereupon. They further added that they had
several things to complain of, if there was to be a Treaty of Commerce with that State [fo. 331], and they instanced in the two
following particulars, vizt., that all ships coming to Venice are
obliged to pay about 120 crowns per ship for convoys in the Gulph,
whereas our ships never had any such convoys, nor are they secured
from the French ships even in the Venetian ports, from whence
several of them have been taken. That when any ship arrives with
fish, the magistrates limit the price at which the fishmongers are
to sell it, which is in effect limiting the price we are to sell at.
Mr. Penn about laws.
Mr. Penn attending, and several questions being asked him about
the Pennsylvania laws [fo. 44, 51], he said that they were passed
by his Deputy Governor, that he had reserved to himself by his
commission to the said Deputy Governor a negative upon all the
laws so passed by him, that he had not himself as yet confirmed
the laws now under consideration, and that he was ready to confirm
all such as the Board approved of before they be presented to her
Majesty; and he promised to bring to the Board a copy of his
commission to his Deputy Governor [fo. 51].
Sir Bartholomew Gracedieu. &c., about ship taken by the French and retaken by the English, &c.
Sir Bartholomew Gracedieu, with several Jamaica merchants,
attending, Mr. Secretary Harley's reference upon their petition
[fo. 44, 50], praying her Majesty to release to them her 8th part
of their ship the Richard and Sarah, taken by a French privateer
and retaken by the Rochester man-of-war (mentioned in the minutes
of the 2nd instant) was again read; whereupon they said that the
reason for their said prayer was the great losses they have sustained
by earthquakes, by fire, and now during the war by their ships
being frequently taken and carryed in to France, and particularly
the loss they have sustained in this ship; for, besides that the
hull is so shattered that she can never be made a good ship again,
the French took out of her before she was retaken by the Rochester
all the indigo, which was the most valuable commodity she had on
board, besides 2,500l. in silver, so that the remainder of the cargo
with the ship herself are not of considerable value. Captain
Wilkinson, the master of the said ship, and the super-cargo
attending at the same time, and being asked several questions,
they said that their ship had 20 guns and 30 men, nine of which
would not fight; that the rest maintained a fight of six hours,
and had not been taken but that their mainmast was shot by ye
board; that they had five men killed and five wounded, of which
last the master was one; that the privateer had 20 guns and
166 men, of which 33 were killed and above 30 wounded. Whereupon their lordships gave directions for preparing an answer [vide
infra] to Mr. Secretary Harley's said reference.
October 5. Present:—Sir Philip Meadows, Mr. Pollexfen,
Letter to Mr. Secretary Harley about petition of Merchants' ship Richard and Sarah.
A letter to Mr. Secretary Harley [vide supra] relating to the
petition of the Jamaica merchants for her Majesty's 8th part of the
ship Richard and Sarah, which had been taken by the French and
retaken by her Majesty's ship the Rochester, as mentioned in yesterday's minutes, was signed.
Representation on Act intituled Hereticks.
A representation offering to her Majesty that an Act past in
Connecticut intituled Hereticks [fo. 45, 102], be repealed, was
Copy of Col. Hamilton's commission to be Deputy Governor.
A copy of Mr. Penn's commission [fo. 48] to Andrew Hamilton
to be Deputy Governor of Pennsylvania was sent by Mr. Penn
to the Board and read, and a copy thereof ordered to be kept.
October 9. Present:—Sir Philip Meadows, Mr. Pollexfen,
Box of papers.
Colonel Blakiston presented to their lordships a box of papers
which he had received from Colonel Seymour, Governor of Maryland
[fo. 59], and thereupon ordered that the letters be minuted and
laid before the Board on Thursday morning.
Act about Courts.
Mr. Penn attending, presented to their lordships a paper containing some objections to one of the Pennsylvania laws [fo. 48, 52],
intituled An Act for establishing Courts of Judicature in this Province
and the Colonies annexed, and desired that the said law might not
be confirmed, but sent back to be amended.
Col. Maycock about copy of Mr. Hay's deposition.
Colonel Maycock desired of their lordships a copy of Mr. George
Hayes affidavit relating to Captain Martin's refusing to obey the
Governor's warrant for delivery of Mr. Maycock and Mr. Tyrrell
on board his ship the Blackwall; whereupon ordered that a copy
be given to him accordingly.
October 11. Present:—Sir Philip Meadows, Mr. Blathwayt,
Mr. Pollexfen, Mr. Prior.
Letter to Mr. Attorney General with quœres.
Mr. Penn attending, their lordships proceeded in the consideration
of the Pennsylvania laws [fo. 51], but some doubts arising relating to
a power reserved by Mr. Penn to himself in his commission to his
Lieutenant Governor of confirming or disallowing of such Acts as
shall be passed by his said Lieutenant Governor, their lordships gave
directions for preparing a letter and quæres to Mr. Attorny General
thereupon [fo. 53].
October 12. Present:—Sir Philip Meadows, Mr. Blathwayt,
Mr. Pollexfen, Mr. Prior.
Letter to Mr. Attorney General with quœres on Pennsylvania. Laws.
The quæres to Mr. Attorney General relating to the laws of
Pennsylvania [fo. 52, 71], as ordered in yesterday's minutes, were
agreed and sent.
Letter to Mr. Penn about his surrender and laws.
Ordered that a letter be writ to Mr. Penn to know whether he
desire the Board should proceed to a report to her Majesty upon
his proposals for a surrender of his government of Pennsylvania
singly [fo. 44, 57], without staying for a determination about
Letter to Mr. Secretary Hedges in answer to his about trade to Venice.
A letter to Mr. Secretary Hedges, in answer to his of the 3rd July,
24th, August and 14th of September last [fo. 35, 45], upon
Mr. Broughton's papers relating to the trade to Venice, (fn. 1) was signed.
Letter from Col. Nicholson.
A letter from Colonel Nicholson, Governor of Virginia, dated the
25th of July last, was read, and the papers therein refer'd to laid
before the Board, and are as follows, vizt.:
Address of the Assembly to her Majesty upon the success of
her arms near the Danube.
Address of the Grand Jury to her Majesty, congratulating the
success of her Majesty's arms near the Danube, and thanking
her Majesty for continuing Colonel Nicholson Governor of
Address to her Majesty from the Assembly [fo. 58], justifying
themselves from the misrepresentations of Colonel Robert
List of tythables and of the tobacco levyed upon them in
Copies of several proclamations &c.
Dockets of causes tried in the several County Courts in
Virginia, from 1703 to 1705.
Colonel Carter, late Treasurer's account made up with the
Assembly begining Aprill 28th, 1704, and ending the
2nd December following.
Account of the quit-rents &c. for the year 1704.
An account of the revenue of 2 shillings per hogshead &c.
from the 25th October, 1704, to the 25th of Aprill, 1705.
An account of the revenur of 2 shillings per hogshead from
the 25th April, 1705, to the 20th July following, as also an
account of the salary due to Colonel Nicholson.
Mr. Treasurer Beverley's account of the impositions on
liquors, servants and slaves to May, 1705.
An account of the money ordered by the General Assembly
in Aprill, 1705.
Copy of the rent rolls of the several counties' for the year
A copy of Mr. Robert Beverley's letter and papers sent to
the General Assembly, with their proceedings thereon.
An abstract from the reports of the Committee of Publick
Claims in Aprill, 1705.
List of patents for land signed the 2nd of May, 1705.
Proceedings of the Governor and Councill relating to the
ship[s] Strumbelo, Orford and Hastings, and the fleet bound
out for their convoy, 1705.
Copies of the answers sent by the several vestries to Colonel
Nicholson's orders with Sir Edward Northey's opinion
concerning induction of ministers &c.
Abstract of naval officers' lists of ships cleared outwards
from May, 1704 to the 22nd July, 1705.
Naval officers' lists of ships cleared outward from May, 1704,
to the 22nd July, 1705.
Minutes of Councill from the 8th of August, 1704, to the
10th of February, 1704/5, inclusive.
Minutes of Councill from the 19th of Aprill, 1705, to the
30th of June following.
Minutes of Councill in Assembly from the 18th Aprill, 1705,
to the 12th of May following.
Minutes of Assembly from the 18th of Aprill, 1705, to the
12th of May following.
Seven Acts past at a General Assembly in Aprill, 1705.
Two addresses sent to Mr. Secretary Hedges.
Ordered that a letter be prepared [fo. 59] for transmitting the
forementioned addresses to Mr. Secretary Hedges, to be laid before
her Majesty at a convenient opportunity.
Letter from Col. Winthrop, Governor.
A letter from Colonel Winthrop, Governor of Connecticut, to the
Board, dated the 15th of March, 1704/5, wherein he acknowledges the
receipt of their letters about coin and a day of thanksgiving, and
gives some account of the Mohegans' complaints &c., was read
[H. fo. 465; fo. 166].
Letter from Mr. Clifford about selling his estate in Surinam.
A Letter from Mr. Clifford [fo. 23 &c.] desiring that the States
may be moved to permit him to sell his estate in Surinam &c., and
that they may account for some sugars belonging to him since his
coming from that colony, was laid before the Board.
October 15. Present:—Sir Philip Meadows, Mr. Blathwayt,
Mr. Pollexfen, Mr. Prior.
Mr. Penn about surrender and law.
Mr. Penn attending [fo. 53, 59], and being asked whether he
would have his proposals for a surrender represented to her Majesty
without staying for a determination upon the laws, he said that he
did not desire the said proposals should be reported untill the
laws of Pennsylvania (not objected against) be confirmed, unless he
can have an assurance that the said laws shall receive her Majesty's
confirmation afterwards; however he desired their lordships
would proceed so far as to draw up and agree their report, that it
may be ready to be laid before her Majesty at the same time with
Account of West India correspondence from Mr. Dummer.
Mr. Dummer presented to the Board an account of the West
India correspondence, how it was propounded and how it has since
Col. Quary about complaint against him.
Two Convoys a year will be prejudical to the trade of Virginia and Maryland.
Colonel Quary attending, and being asked some questions about
the address of the Assembly of Virginia, relating to himself, and
mentioned in the minutes of the last meeting [fo. 54], he said he
had seen the same in Virginia, and would give their lordships an
answer thereunto in writing [fo. 75], as also an account of several
other things, and particularly of the detriment that will accrue to
the Virginia and Maryland trade by sending two convoys a year.
October 16. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Letter to Mr. Secretary Hedges about Mr. Penn's surrender.
A letter to Mr. Secretary Hedges [fo. 57, 93], upon Mr. Penn's
proposal for surrendering his government of Pennsylvania to her
Majesty, was agreed.
Three addresses sent to Mr. Secretary Hedges.
A letter to Mr. Secretary Hedges [fo. 56, 120, 175], inclosing
three addresses from Virginia to be presented to her Majesty, as
directed in the minutes of the 12th instant, was signed.
Livingston's commission for Secretary of the Indian affaires, &c.
The copy of a commission constituting Mr. Robert Livingston
town clerk, clerk of the peace and clerk of the common pleas in
the county and city of Albany, and secretary for the Indian affaires
at New Yorke, was read.
Letter from Col. Seymour.
A letter from Colonel Seymour, Governor of Maryland, dated
the 29th of September, 1704 [fo. 51, 115] was read, and the papers
therein refer'd to laid before the Board, and are as follows, vizt.:
Copy of Captain Richard Johnson's narrative of his proceedings in obtaining his liberty and bringing in the French
ship prize to Maryland, dated August the 10th, 1704.
Copy of Colonel Seymour's letter to the Councill and their
answer, about the condemnation and disposition of a French
vessell brought in prize there, dated September 9th, 1704.
Paper about a French prize sent to Mr. Lowndes.
Which last paper having been formerly received from Colonel Quary,
was sent to Mr. Lowndes the 23rd of January last, to be laid before
the Lord High Treasurer.
Letter to Mr. Attorney General with extract of Col. Seymour's letter about Papists.
Ordered that copies of paragraphs C and D in the foresaid letter
of Colonel Seymour's relating to papists and priests in Maryland,
and an extract of the Lord Baltemore's patent [Maryland Entries,
volume 1st, fo. 3] relating to ecclesiastical power, be sent to
Mr. Attorney General [fo. 72] for his opinion whether the laws of
England against Romish priests be in force in the Plantations,
and whether her Majesty may not direct Jesuits (as Romish priests)
to be turned out of Maryland.
Letter to Lord Baltemore to attend thereupon.
Further ordered that the Lord Baltemore be acquainted [fo. 66]
that the Board are desirous are to speak with him on Fryday morning
October 17. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Prior.
Agents' memorial about prejudice of settling rate of foreign coin.
Colonel Clealand and Mr. Holder presented to the Board a
memorial [fo. 3, 67, 71] from themselves and the other agents of
Barbados relating to the ill state the island is reduced to by the
putting in execution her Majesty's proclamation for regulating the
rates of foreign coines in the Plantations, and desiring some speedy
remedy therein, was read; and they being acquainted that that
matter now stands refer's to Mr. Attorney General for his opinion
therein, they said they would attend Mr. Attorney General and
procure his speedy report.
Order of Councill on Lillington's petition relating to proceedings of Superior Court against him.
Mr. Lillington and Mr. Bernard presented [fo. 28 &c. complaints]
to their lordships an Order of Councill of the 11th instant, refering
to the Board the petition of George Lillington, esquire, late of her
Majesty's Councill in Barbados [fo. 64], complaining of the proceedings
of the Superior Court there against him for misdemeanor, and the
imposing a fine of 2,000l. upon him, and praying that copies of the
commission by which the said Court sat, the summons and returns
of the Jurors to serve in the said Court, and the deposition of Thomas
Lesley (the only witness against the said Lillington), and all other
proceedings and papers relating to the said Lillington's tryal, may
be transmitted hither under the seal of that island, and that some
person or persons may be appointed or commanded by her Majesty
to summon and take the depositions of such witnesses as the
petitioner hath there to prove the truth of the allegations set forth
in his petition, and to certify the same under the seal of the island,
to the end that, if it shall appear that the petitioner hath been
unjustly dealt with, her Majesty be pleased to reverse the said
sentence, or remit the said fine.
Copy of the Governor's order to the deputy auditor for receiving Mr. Lillington's fine and of his receipt for it.
The said Lillington and Bernard further presented to their
lordships a copy of Sir Beville Granville's order to Robert Gibbs,
deputy auditor of her Majesty's revenue, for receiving the foresaid
fine of 2,000l., together with a copy of his receipt to Mr. Lillington
for the same; and they desired their lordships would please to
dispatch their report to her Majesty thereupon.
Heads of a report to be drawn.
Upon consideration of the whole matter, their lordships agreed
to represent [fo. 64] that her Majesty be pleased to direct that
exemplifications of the commission and of all proceedings and
papers reating to the said Lillington's tryal be transmitted to her
Majesty in Councill under the seal of the island, and that a commission of inquiry be directed to a quorum of the Councill, or to any
other persons her Majesty shall think fit, to take affidavits, according
to the prayer of the petition, and that in the meantime her Majesty
would order the 2,000l. to remain in the hands of the deputy auditor
till her Majesty's pleasure be known.
Ordered that the agents of Barbados [fo. 64] have notice to
attend the Board to-morrow morning.
October 18. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Their lordships took into consideration the report to be made
upon the Order of Councill (mentioned in yesterday's minutes)
relating to Mr. Lillington's petition [fo. 61, 65, 66], and gave
directions for drawing the same to the like effect as was reselved
at the last meeting [fo. 63, 66], vizt., that the Councill, or a quorum
thereof, or such other persons as her Majesty shall appoint, be
impowered to take in Barbados depositions relating to his tryal
as shall be brought to them in writing to the particulars mentioned
in the prayer of the petition, those depositions to be transmitted
to her Majesty in Councill, and copies thereof to be communicated
to the persons concerned there who shall desire the same.
Col. Cleland, &c., for copy of Lillington's petition.
Mr. Clealand and Mr. Holder, agents of Barbados, attending
[fo. 63], and desiring a copy of Mr. Lillington's said petition, they
were told that their lordships did not think it proper to give such
copy till they had reported their opinion to her Majesty, but after
that would give them whatever might be fit.
October 19. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Mr. Lillington's petition in behalf of his cozen, George Lillington, relating to his fine.
Mr. Roger Lillington attending, presented to the Board a petition
in behalf of Mr. George Lillington [fo. 64, &c. 66], late of the Councill of
Barbadoes, praying that the fine of 2,000l. laid upon the said George
Lillington by a Court of Oyer and Terminer, for speaking reflectingly
of Sir Beville Granville, Governor of Barbados (which fine he has
paid to the deputy auditor of the said island) may be returned to
the said George Lillington upon his giving sufficient security for
repaying the same there, when the matters upon that head now
depending before her Majesty shall be determined, was read;
and their lordships agreed to report the same to her Majesty
Report on Lillington's petition.
Then their lordships again took into consideration the report
to be made upon the Order of Councill upon Mr. Lillington's petition
[fo. 64, 68] (mentioned in yesterday's minutes), and made a further
Proceedings against Lillington under the seal of Barbados.
Colonel Clealand and Mr. Holder, agents of Barbados [fo. 64, 65],
attending, acquainted the Board that Sir John Stanley had received
the proceedings of a Court of Oyer and Terminer, held in Barbados
the 14th of June, 1705, under the great seal of the island, containing
the tryal of Mr. Lillington and others; and that Sir John would
be in town to-morrow, when they promis'd [fo. 68] to bring the said
proceedings to the Board.
Lord Baltemore about Papists.
The Lord Baltemore attending [fo. 60, 72], part of paragraphs C
and D of Colonel Seymour's letter of the 29th of September, 1704,
relating to the assiduity of the Papists and Jesuits in Maryland to
promote their superstitions, their consecrating chappels and
entring into the houses of Protestants when dying, terrifying them
with damnation to change their religion, and publickly saying Mass
in their chappel at St. Mary's whilst the Country Court was sitting
there, was read; to which his lordship answered that he knew not
of any Jesuits going to Maryland since his coming from thence,
which is now about — years ago, nor of above four in all that
are now there; and that as to Masses being publickly said when
the County Court was sitting, he did believe that might happen
by the said Courts sitting on a holiday, but that the chappell was
half a mile from thence. His lordship added that he would not
incourage anything that was irregular or unwarrantable, and at
the same time promis'd to write to his friends and correspondents
in Maryland [fo. 160] to prevent the like proceedings for the future;
which their lordships ordered to be accordingly writ to the Governor.
Letter to Mr. Attorney General.
Ordered that a letter be writ to Mr. Attorny General for his
speedy answer to the letter writ him ye 4th July last [fo. 3, 71]
relating to the disobedience of ye Propriety Governments to her
Majesty's proclamation for settling the rates of foreign coin in the
October 22. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Letter from Col. Cleland with the tryal of Mr. Lillington.
A letter from Colonel Cleland, one of the agents of Barbados
[fo. 66], inclosing the proceedings of a Court of Oyer and Terminer
held there the 13th of June last, under the seal of that island,
containing the tryal of George Lillington, esquire, and others,
was laid before the Board; and their lordships thereupon went
through with the report [fo. 66, 81, 83] (mentioned in the minutes
of the 19th instant) relating to the said Lillington, and signed the
same, as also a letter to Mr. Secretary Hedges, inclosing the said
Letter from Mr. Lowndes about draught of circular letters relating to prizes.
A letter from Mr. Lowndes of the 19th instant for preparing the
draught of a circular letter to the Governors of Jamaica, Barbados
and the Leeward Islands to be aiding, assisting and incouraging
to the agents appointed for the management of prizes in their several
Governments, and to interpose with their authority and advice in
all differences that may arise between the said agents and the
captains of her Majesty's ships of war and others concerned, and to
transmit from time to time all manner of proceedings relating to
prizes, was read, and directions thereupon given for preparing
the said draught of a letter accordingly [fo. 70].
Letter to Mr. Secretary Hedges with one from Campbel about state of Newfoundland.
A letter from Mr. James Campbell of the 18th instant [fo. 24, 169],
relating to advices he has received from his correspondents at
Newfoundland of the continued incursions which the French make
there &c. and proposing that a packet boat be settled for corresponding with Newfoundland, was read; and thereupon a letter to
Mr. Secretary Hedges inclosing the same, was signed.
The like to Mr. Burchet.
Ordered that a letter be writ to Mr. Burchet to the like effect as
that to Mr. Secretary Hedges, inclosing a copy of the said Campbell's
letter, and to desire to know what intelligence he may have received
from the commander of this year's convoy, or otherwise, relating
October 23. Present:— Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Letter about agents for prizes.
The draught of a circular letter to the Governors of Jamaica,
Barbados and the Leeward Islands [fo. 68], in pursuance of
Mr. Lowndes's letter relating to prizes (mentioned in yesterday's
minutes) was agreed; and thereupon ordered that a letter be writ to
Mr. Anthony Burnaby, secretary to the Commissioners of Prizes
[fo. 75], inclosing a copy thereof to be laid before the said Commissioners, for their information and answer.
Act sent to Mr. Attorney General.
Ordered that a letter be writ to Mr. Attorney General inclosing
an Act past at Nevis the 20th of June last, intituled An Act for
quieting John Panton, esqr., his heires and assigns in the possession
of a certain parcell of land with the improvements thereon made in
St. Christopher's, for his opinion thereupon in point of law, and
particularly inquiring whether the letters patent mentioned in
the said Act be good and valid, as being granted before tryal and
Col. Cleland with depositions taken in Barbados relating to Mr. Colleton.
Letter to Sir John Colleton.
Colonel Cleland attending, presented to the Board several
depositions which he has lately received from Barbados in favour
of Mr. James Colleton [N. fo. 156], shewing that he had not any
ways given obstruction to the course of justice in a cause depending
between himself and Sir John Colleton; whereupon ordered that a
letter be writ to Sir John Colleton to acquaint him therewith,
and that he may see the said depositions when he will call here.
Mr. Attorney General's report about coin.
Mr. Attorney General's report in answer to the letter writ him
the 4th July last [fo. 67] relating to her Majesty's proclamation for
settling the rates of foreign coin in the Plantations, was read;
and directions were given [fo. 72] for preparing a representation to
her Majesty thereupon.
Mr. Attorney General's answer to quæres about laws of Pennsylvania.
Letter to Mr. Penna with copy thereof.
Mr. Attorney General's answer to the several quæres sent him
the 12th instant relating to the laws of Pennsylvania &c. [fo. 53, 78]
was read; and thereupon ordered that a letter be writ to Mr. Penn
inclosing a copy of the said answer.
Mr. Attorney General's report about Papists.
A report from Mr. Attorney General in answer to the letter writ
him the 16th instant [fo. 60, 66], relating to Papists, Jesuits and
Romish priests in Maryland, was read; and thereupon ordered
that the Lord Baltemore be acquainted [fo. 76] that the Board
desire to speak with him on Fryday morning next.
Mr. Attorney General's answer to letter about fines, forfeitures, &c.
Mr. Attorney General's answer to a letter writ him the 6th of
July last [fo. 6] relating to fines, forfeitures and escheats, as also to
the power of appointing rangers of woods in New Jersey, was read;
and thereupon ordered that copies thereof be sent to the
Lord Cornbury, Mr. Docmenique and Mr. Dockwra for their
October 24. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Barbados merchants to attend.
Their lordships took into consideration the draught of a representation upon Mr. Attorney General's report relating to her
Majesty's proclamation for settling the rates of foreign coines in
the Plantations, and made a progess therein [fo. 71, 73, 84]. and
ordered that Mr. Bridges and some of the Barbados merchants
[fo. 61 and infra] have notice to attend their lordships to-morrow
October 25. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Agents about foreign coine.
Attorney General's report about coin read to 'em.
Sir John Stanley, Mr. Bridges, Colonel Cleland and Mr. Holder,
agents for Barbados, attending [vide supra], they were ask'd several
questions upon the memorial they presented to the Board the 17th
instant [fo. 61] relating to her Majesty's proclamation for settling
the rates of foreign coines in the Plantations. They said that since
the putting the said proclamation in execution in Barbados that
island was drained of all its current money, but they did not look
upon that to be the effect of the proclamation, but of the ballance
of trade; for sugar being at a high rate in Barbados, and not bearing
a proportionable price there was no profit to be made by the returns
of sugars for goods sent from hence, so that the merchants chose
rather to make their returns in money than in goods, which is the
true reason of the present scarcity of money in that island; and
it either is or will be so in all the other Plantations; but when the
ballance of trade shall be turned, money will be brought thither
again as formerly. They desired that the proclamation might not
be repealed, nor even suspended (which would be equally prejudicial),
but that it might be inforced by her Majesty's letters to all her
Governors and to the Propriety and Charter Governments, requiring
them to give a due and punctual obedience to the same. Then
their lordships communicated to these gentlemen Mr. Attorney
General's report [fo. 71], and the petition of the merchants of
New Yorke to the Lord Cornbury upon the same subject, and they
promised to bring observations thereupon on Tuesday morning
next [fo. 82].
Letter from Mr. Burnaby with draught of circular letter about prizes.
A letter from Mr. Anthony Burnaby, secretary to the Commissioners of Prizes, returning the draught of a circular letter
relating [to] prizes [fo. 70, 77] which had been sent him the 23rd
instant, with some small amendments, was read; and thereupon
ordered that the said circular letter be transcribed fair to be laid
before her Majesty.
October 26. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Memorial from Col. Quary in answer to an address against him from Virginia.
Colonel Quary presented to their lordships a memorial in answer
to the address from the Assembly of Virginia against him [fo. 58, 76,
120], mentioned in the minutes of the 12th instant, which their
lordships resolved to take into consideration at the first
Col. Nott to be writ to about papers obtained by Beverly out of this office.
Whereas amongst the papers mention'd in the minutes of the
12th instant to be received from Colonel Nicholson, there are copies
of letters from Mr. Robert Beverley transmitting to the Assembly
of Virginia extracts of a memorial from Colonel Quary to this
Board, dated the 20th of July, 1703, reflecting upon the people
of that province; the secretary acquainted the Board that he had
looked over all Colonel Quary's letters and memorials since the
year 1700, and could not find any such thing as is contained in
the forementioned extract. Whereupon their lordships resolved
in their next letter to Colonel Nott to write to him upon this
Lord Baltemore about Papists, &c.
The Lord Baltemore attending, their lordships communicated
to him Mr. Attorney General's report relating to Papists in Maryland
[fo. 72], (fn. 2) whereupon his lordship said that he intended to write to
his agents and friends there [fo. 160] to caution them against what
Colonel Seymour had complained of, and promis'd to send their
lordships an extract of his letter upon that subject.
|The secretary's accounts of petty expences amounting to ||29l.||4s.||8d.|
|Mr. Churchill's account of stationary ware amounting
|Mr. Short's account of postage of letters amounting
|Mr. Clark's account of wood and coales amounting
|Being for one quarter, from Midsummer, 1705,
amounting in the whole to||174l.||14s.||1d.|
Letter to Lord Treasurer with accounts of incidents.
were laid before the Board, and a letter to the Lord Treasurer,
desiring his lordship's orders for payment thereof, was signed.
Letter about prize officers.
Letter to Mr. Lowndes, thereupon.
A letter to Mr. Secretary Hedges [fo. 75] inclosing the draughts
of circular letters for her Majesty's signature to the Governors of
Jamaica, Barbados and the Leeward Islands, relating to the' prize
officers, mentioned in yesterday's minutes, was signed and a letter
writ to Mr. Lowndes giving him notice thereof.
Mr. Kirton for copies of papers.
One refused, the other granted.
Mr. John Kirton attending, and desiring of their lordships a copy
of the petition of several gentlemen concerned in the island of
Barbados in behalf of Sir Beville Granville, which was received at
the Board the 8th of February last, as also a copy of the report
of this Board of the 29th of March last upon the complaints exhibited
against Sir Beville Granville, he was told that the Board's report
having been made to her Majesty in Councill, their lordships could
not give copies of it without her Majesty' leave; but as for the
other paper, their lordships ordered a copy to be given him
Mr. Penn about his laws.
Mr. Penn attending, he said that Mr. Attorney General's late
report upon his laws [fo. 71, 106] need not be any hindrance to
their lordships laying the said laws before her Majesty, because
those laws were most, if not all, of them past by himself (and not
his Lieutenant Governor) in the year 1700 and 1701; however he
promis'd in a few days to give their lordships a more particular
account of that matter, and he agreed that such laws as are objected
against by the Board and Mr. Attorney General be laid before her
Majesty to be repealed.
Letter from Mr. Secretary Hedges about advertisement by Mr. Dummer to be published in the Spanish and Dutch Plantations.
Circular letters to be writ in favour of Mr. Dummer.
Mr. Dummer presented to their lordships a letter from
Mr. Secretary Hedges of the 24th instant [fo. 80], refering to this
Board an advertisement proposed by Mr. Dummer to be published
in the Spanish and Dutch plantations in America, relating to the
sending of letters and packets to and from those parts to Europe
by his packet boats, and further directing the Board to consider
of establishing a more frequent correspondence between England
and Newfoundland, was read; whereupon Mr. Dummer said that
as for the later part relating to Newfoundland, he could not undertake it. And their lordships acquainted Mr. Dummer that they
did not think it adviseable to publish the advertisement in the
Dutch plantations, because they are not allowed to have any commerce or intercourse with our plantations in America, which
Mr. Dummer agreed to. Nor did their lordships think it fitting
that it should be published in the Spanish West Indies by authority
from hence, because of the jealousy it might give the Spaniards of
their plantations trading with ours. To which Mr. Dummer reply'd
that the Spaniards have given us leave to trade in all their dominions
by a declaration lately published at Madrid, a copy whereof he
promised to bring to their lordships on Monday next [fo. 80], and
in the meantime he desired their lordships would please to write a
circular letter to all the Governors in America, recommending to
them his undertaking of carrying on a constant intelligence between
England and the Plantations [fo. 80]; whereupon their lordships
gave directions for preparing such letters accordingly.
October 29. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Mr. Dummer about Spanish trade with England.
Letter to Sir William Hodges thereupon.
Mr. Dummer attending, acquainted their lordships that he had
not yet been able to procure the declaration which he mentioned
at the last meeting [fo. 79], permitting the Spaniards to trade with
England; but that Sir William Hodges had it [fo. 84] and would
send it to the Board if their lordships would write for it: whereupon ordered that a letter be writ to him accordingly.
Letter to Mr. Secretary Hedges upon Mr. Dummer's advertisements to be published in the Spanish West Indies.
A letter to Mr. Secretary Hedges, in answer to his of the 24th
instant [fo. 78, 92] upon Mr. Dummer's proposals for an advertisement to be published in the Spanish West Indies relating to his
packet boats (mentioned in the last minutes), was signed.
Circular letters in favour of Mr. Dummer.
Circular letters to all her Majesty's Governors in America [fo. 79]
that they should favour Mr. Dummer's undertaking, were signed
and given to Mr. Dummer.
Order of Councill of 26th inst. on Maycock's petition complaining of the Court of Chancery in Barbados.
Letter for Mr. Attorney General for his opinion thereon.
An Order of Councill of the 26th instant refering to the Board
a petition of Colonel Thomas Maycock [fo. 28 &c. complaints], complaining of proceedings against him in the High Court of Chancery in
Barbados at the suit of Josias Harrison, who obtained (whilst the
petitioner was in England) a sequestration against his whole estate,
contrary to the usual practice of the Court of Chancery in England,
as well as that of Barbados, and praying that all proceedings against
him may be discharged and his estate restored, was read; and after
some discourse with Colonel Maycock thereupon, ordered that the
said order and petition be sent to Mr. Attorney General for his
opinion [fo. 125] what her Majesty may do in point of law for the
petitioner's relief, that their lordships may be thereby inabled to
October 30. Present:—Lord Dartmouth, Mr. Cecill, Sir Philip
Meadows, Mr. Pollexfen, Mr. Prior.
Order of Councill on representation relating to Lillington.
The copy of an Order of Councill of the 26th instant, upon a
representation of the 22nd ditto [fo. 68, 83], relating to the petition
of Mr. George Lillington, approving the said representation, and
directing that the papers desired by the petitioner be transmitted,
that the Governor name two of the Justices of the Peace, and the
petitioner the other two, who are to take the affidavits desired by
the petitioner, and that the deponents be cross-examined, was
Order of Councill on representation for a new counsellor.
The copy of an Order of Councill of the 11th instant, upon a
representation of the 25th of September last [fo. 42], proposing
Colonel Edmund Edlin to be of the Councill of Jamaica, approving
the said representation, was read.
Col. Cleland, &c., about coine.
Colonel Cleland and Mr. Holder attending [fo. 73, 84], they
acquainted their lordships that they had consulted the Barbados
merchants in relation to her Majesty's proclamation for settling
the rates of foreign coines in the Plantations, who unanimously
agree that the repealing or suspending the execution of the proclamation would be of ruinous consequence; for it is not that
proclamation that causes the scarcity of coine in Barbados and
other the Plantations, but the ballance of trade: and therefore
they all desired that her Majesty's letters might be writ to inforce
the execution of her Majesty's proclamation in all the Plantations,
and offering some further reasons for not suspending the said
proclamation, they were desired to put the same in writing, which
they promised to do accordingly.
They desire copy of report on Lillington's petition. Refused.
Then these gentlemen desired their lordships would please to
give them a copy of their late report to her Majesty [fo. 68, 81, 87]
upon the petition of Mr. George Lillington of Barbados; whereupon
they were told that it having been presented to her Majesty, the
Board could not give a copy of it without her Majesty's leave.
Sent to Mr. Attorney Generall.
Several Acts past at Nevis in the months of March and July
last [fo. 32, 266], as also Acts past at a General Assembly of all
the Leeward Islands held at Nevis in June last, lately received
from Colonel Jory, were laid before the Board; and thereupon
ordered that the said Acts be sent to Mr. Attorney General for his
opinion in point of law thereupon.
Caveats against four of them.
A caveat, in the name of Mr. Stephen Du Port against the
confirming two of the foresaid Acts past at the General Assembly
of all the Leeward Islands [fo. 279, 308], and another caveat in the
name of Colonel Joseph Crisp against the confirming two other
of the said Acts, were laid before the Board, and their lordships
resolved to take the said caveats into consideration when the said
Acts shall be returned from Mr. Attorney General.
Mr. Attorney General's report on Acts.
The Acts past at a General Assembly held at Antego in February
and March, 170¾, and June and July, 1704 [fo. 88], with
Mr Attorney General's report thereupon, were read, and directions
given for preparing a representation for laying the said Acts before
Letter from Sir William Hodges about Duke of Anjou's permission for neutral ships to trade &c.
A letter from Sir William Hodges, in answer to one writ him
yesterday [fo. 80, 85], giving an account of the permission granted
by the Duke of Anjou to neutral ships to trade in all the ports of
Spain and the Canaries, was read.
October 31. Present:—Lord Dartmouth, Mr. Cecill, Sir Philip
Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Merchants summoned about coine.
Their lordships taking into further consideration the matter of
the coin in the Plantations [fo. 72, 82, 89, 91], ordered that some
of the merchants trading to New Yorke, Virginia, Maryland, Pennsylvania, Jamaica and the Leeward Islands, have notice to attend
the Board on Friday morning next.
Letter to Mr. Secretary Hedges for copy of the Duke of Anjou's declaration about trade to Spain.
A letter to Mr. Secretary Hedges, desiring of him a copy of the
Duke of Anjou's declaration [fo. 84, 215] relating to the trade of
Spain to be carryed on in Spanish and neutral ships, refer'd to in
Sir William Hodges's letter mentioned in yesterday's minutes,
Letter from Sir Bevil Granville with four Acts.
A letter from Sir Beville Granville, Governor of Barbados, dated
the 24th of June last, was read, and four Acts past at an Assembly
there the 4th of the same month, were laid before the Board.
Another letter from him.
Another letter from Sir Beville Granville, dated the 16th of July
last, was read, and the papers therein refer'd to laid before the
Papers therein refer'd to.
Proceedings of a Court of Oyer and Terminer from the 12th
to the 15th June last.
Minutes of the Assembly from the 28th of November, 1704,
to the 18th June last.
Minutes of Councill in Assembly from the 20th February, 1704/5,
to the 4th June last.
Letter from Col. Johnson.
Agents to attend.
A letter from Colonel Johnson, Lieutenant Governor of the
Leeward Islands, dated at St. Christopher's the 4th and 27th of
July last, was read; and upon paragraph B in the said letter relating
to the trade to St. Thomas [fo. 87], ordered that the agents have
notice to attend their lordships to-morrow.
Minutes of Councill and Assembly.
Minutes of Councill of all the Leeward Islands from the
23rd May, 1705, to the 25th June following, And
Minutes of Assembly of all the Leeward Islands from the
23rd May, 1705, to the 25th June following, being lately
received from Colonel Jory, were laid before the Board.
Letter from Col. Handasyd with Minutes of Assembly.
A letter from Colonel Handasyd of the 18th of July last, was
read; and the minutes of Assembly of Jamaica, from the 25th of
April to the 13th of June, 1704, were laid before the Board.
Letter from Col. Handasyd.
Another letter from Colonel Handasyd of the 12th of August last,
was read, and the papers therein refer'd to were laid before the
Papers therein refer'd to.
Minutes of Councill from the 10th of July, 1705, to the
10th of August following.
Minutes of Assembly from the 10th of July, 1705, to the
9th of August, following.
Letters to be writ the Governors.
Ordered that letters be prepared [fo. 88] in answer to the foregoing letters from the Governors of Jamaica, Barbados and the