Journal, February 1707
Journal Book L

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Institute of Historical Research

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Author

K. H. Ledward (editor)

Year published

1920

Pages

317-331

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'Journal, February 1707: Journal Book L', Journals of the Board of Trade and Plantations, Volume 1: April 1704 - January 1709 (1920), pp. 317-331. URL: http://www.british-history.ac.uk/report.aspx?compid=81184 Date accessed: 23 September 2014.


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Journal, February 1707

February 3. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Pennsylvania.

Draught of a letter to the Earl of Sunderland relating to Mr. Penn's proposal of surrender.

The draught of a letter to the Earl of Sunderland, relating to Mr. Penn's proposal of surrendring the government of Pennsylvania to her Majesty [fo. 54, 56], was laid before the Board and read, and a progress made in the consideration thereof.

Leeward Islands.

Direction about Colonel Park's residence.

The extract of a letter from Mr. Secretary Hedges to Colonel Parke, of the 1st of August last, directing him to reside at Nevis or St. Christopher's [fo. 53], and the rather at Nevis, the better to redress the disorders there, was communicated to the Board and read.

February 4. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Pennsylvania.

Draught of a letter to the Earl of Sunderland about Mr. Penn's surrender.

The draught of a letter to the Earl of Sunderland, relating to Mr. Penn's surrender of the government of Pennsylvania to her Majesty [fo. 55, 57], was agreed and ordered to be transcribed.

February 5. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Bermuda.

Memorial from Mr. Jones desiring copies of the complaints against him, &c.

Mr. Jones, secretary and provost marshall of Bermuda, being lately arrived from thence, presented to their lordships a memorial desiring copies of such complaints as have been preferr'd here against him since his last going over to that island [fo. 79], which was read; and thereupon ordered that the said complaints be looked out and laid before the Board.

Barbados.

Letter from Mr. Crow from Plymouth.

A letter from Mr. Crow, Governor of Barbados, dated at Plymouth the 31st of the last month, signifying his being detained there by contrary winds, was read.

Pennsylvania.

Letter to the Earl of Sunderland about surrender of government.

A letter to the Earl of Sunderland upon Mr. Penn's proposal for surrendring his government of Pennsylvania [fo. 56, 109], as agreed the last meeting, was signed.

Leeward Islands.

Draught of letter to the Earl of Sunderland upon two Acts about the Governor's house rent.

Their lordships took into consideration the draught of a letter to the Earl of Sunderland, as directed the 10th of January last [fo. 35, 52], upon two Acts past at Antego and St. Christopher's for house-rent for Colonel Parke [fo. 357], and gave directions for several alterations therein.

February 7. Present:—Lord Dartmouth, Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen.

Newfoundland.

Letter from Mr. Thurston with account of provisions sent yearly to the garrison.

Letter to Mr. Lowndes thereupon.

A letter from Mr. Thurston, inclosing an account from the Victualling Office of the quantity of the several species of provisions sent yearly for the garrison at Newfoundland [fo. 51], and signifying that in 1705 Major Lloyd carryed over two years' provisions with him, and another year's provision was sent in 1706, was read, as also a survey of the stores remaining there, made in September last by Commadore Underdown; by which survey it appears that there was then about two years' provisions remaining. Whereupon their lordships gave directions for preparing a letter to Mr. Lowndes, in order to the laying this matter before my Lord High Treasurer [fo. 64].

Newfoundland.

Letter to the Earl of Sunderland with extract of a memorial from Mr. Merret about French prisoners.

A letter to the Earl of Sunderland, inclosing the extract of a memorial from Mr. Merret and other Newfoundland merchants, which was read the 27th of the last month [fo. 50], relating to the disposal of French prisoners at St. John's, was signed.

Virginia.

Letter from the President and Council.

Extract thereof relating to prisoners to be sent to the Earl of Sunderland.

Sir Edmund Andros &c., to attend about land in Blackwater Swamp, &c.

A letter from the President and Councill of Virginia, dated the 26th of October last, was read, as also the papers therein referr'd to (being the same as those mentioned in the minutes of the 24th of the last month) [fo. 47], and thereupon ordered that paragraph B, relating to French prisoners sent thither from Carolina, be transmitted to the Earl of Sunderland [fo. 59], in order to its being referr'd to the Commissioners for exchange of prisoners. And further ordered, upon paragraph C, relating to patents of land in Blackwater Swamp, and paragraph G, relating to a tract of land in the forks of Rhappahanock river, that Sir Edmund Andross and Colonel Nicholson have notice to attend the Board on Tuesday morning next [fo. 61].

Plantations General.

Presidents of Councils to be Lieutenant Governors when the governments devolve on them.

And their lordships further agreed, upon paragraph E, relating to the salary of the President of the Councill, to represent to her Majesty that for the future the President of the Councill in all the plantations be declared Lieutenant Governor, upon the death or absence of the Governor in Chief, if there be no Lieutenant Governor in that plantation [fo. 132].

Virginia.

Letter from the President of the Council.

A letter from Mr. Jennings, President of the Councill of Virginia, dated the 8th of November, 1706, was read.

February 10. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Virginia.

Letter to the Earl of Sunderland. about French prisoners.

A letter to the Earl of Sunderland, inclosing the extract of a letter from the President and Councill of Virginia [fo. 58], relating to French prisoners, as directed at the last meeting, was signed.

Leeward Islands.

Letter from Colonel Park with an address to her Majesty.

Sent to the Earl of Sunderland.

A letter from Colonel Park, dated at St. Christopher's the 5th of October last, inclosing an address from the Councill and Assembly of that island to her Majesty, was read; and thereupon ordered that a copy of the letter with the address be sent to the Earl of Sunderland to be laid before her Majesty [fo. 63].

Another letter from Colonel Park.

Another letter from Colonel Parke, of the 31st of October last, was read, and the papers therein referr'd to laid before the Board, and are as follows, viz.:—
Papers therein referr'd to.
Copies of three affidavits relating to the quarrel between Colonel Johnson and Mr. Pogson.
Copy of the tryal of Mr. Pogson for the murder of Colonel Johnson, dated the 14th of October, 1706.
Account of goods imported from the 24th of May to the 29th of August, 1706.
Account of the vessells loaden from St. Christopher's from the 12th of March, 1705/6, to the 8th of October, 1706.
An Act for subjecting that part of this island which was formerly called the French ground to the civil government, dated the 2nd of September, 1706.

Extract of the foregoing letter about Pogson's murdering Colonel Johnson, &c.

sent to Mr. Attorney General.

Ordered that a copy of paragraph C of the foregoing letter, relating to Mr. Pogson's tryal for the murder of Colonel Johnson, together with a copy of the tryal and the affidavits relating thereunto, be sent to Mr. Attorney General for his opinion what further proceedings may be had therein [fo. 120].

Third letter from Colonel Park.

Extracts thereof about stores of war sent to the Earl of Sunderland.

Another letter from Colonel Park, dated at St. Christopher's the 9th of December last, was read; and ordered that paragraph D and the rest of the letter, relating chiefly to the want of stores of war and guard ships, be sent to the Earl of Sunderland [fo. 63], for her Majesty's pleasure thereupon.

February 11. Present:—Lord Dartmouth, Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Virginia.

Sir Edmond Andros and Col. Nicholson at the Board about land on Blackwater Swamp.

Sir Edmond Andross and Colonel Nicholson attending [fo. 58], as directed the 7th instant, in relation to the taking up of lands on the south side of Blackwater Swamp, in Virginia [fo. 67], the following papers were read, viz.:—
Several papers relating thereto.
The instructions to Colonel Nicholson and Colonel Nott upon that subject.
The paragraphs E, F, G, H and I of the President and Councill's letter of the 30th of August last.
The account of the manner of taking up and patenting land, with the reasons for the continuance thereof, mark'd N. 39.
List of patents signed in April, 1706, mark'd N. 47.
Mr. Bird's report relating to the grants of land on the south side of Blackwater Swamp, mark'd K. 29.
A list of patents for land granted in October last, but not signed, referr'd to in the President and Councill's letter of the 26th of the same month, as also a book of entries for land on the south side of Blackwater in November, 1702, communicated to the Board by Colonel Nicholson.

Colonel Nicholson to draw up his opinion in writing upon granting of lands.

The President and Council to be writ to touching the said lands.

After discoursing upon these matters, Colonel Nicholson was desired to draw up his observations in writing thereupon, which he promised to do accordingly; and in the meantime their lordships agreed to write in their next letter to the President and Councill of Virginia, that they do not approve of the method of granting of lands by natural surveys, but that the lands be granted according to the number of acres, and that that be regulated according to the instruction to Colonel Nott upon that subject.

February 12. Present:—Lord Dartmouth, Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Leeward Islands.

Letter to the Earl of Sunderland with copy of one and an extract of another of Colonel Park's letters, and an address from Antego.

A letter to the Earl of Sunderland, inclosing a copy of one from Colonel Parke, Governor of the Leeward Islands [fo. 60, 61], and an extract of another letter from him, together with a congratulatory address to her Majesty from the Lieutenant Governor, Councill and Assembly of Antego (as directed in the minutes of the 10th instant), was signed.

Virginia.

Letter from Mr. Perry with one from Mr. Basset desiring he may be dismist the Council.

A letter from Mr. Micajah Perry, inclosing one from Mr. William Basset, a member of the Councill of Virginia, to himself, praying that he will move the Board that his name may be left out of the instructions to be given to the next governor appointed by her Majesty for that Colony, was read; whereupon their lordships agreed to leave out the said Basset's name accordingly.

Newfoundland.

Letter to Mr. Lowndes about provisions to be sent this year for the soldiers.

The draught of a letter from the secretary to Mr. Lowndes [fo. 58], relating to the provisions to be sent this year for the soldiers at Newfoundland, and inclosing a survey of provisions taken there by Commadore Underdown the 20th of September last, was agreed and ordered to be sent.

New York.

Connecticut.

Copy of an order of a committee about a clause to be inserted in the Commission of Review relating to the Mohegan Indians.

Copy of an order of a Committee of Appeals, of the 12th of July, 1706, to Sir Charles Hedges, then Secretary of State, for inserting a clause in the Commission of Review [fo. 52] for hearing and determining the differences between the Mohegan Indians and the government of Connecticut, that such commissioners as are concerned in the said lands do not act in the said commission, was read.

Copy of an order of Council on a representation relating to the Commission of Review, &c.

Copy of an Order of Councill of the 5th instant, upon a representation of the 29th of the last month [fo. 52], with the draught of a Commission of Review for re-examining and determining the differences between the Mohegan Indians and Connecticut, approving the said draught and referring the same to the Earl of Sunderland, to be prepared for her Majesty's royal signature, was read.

Newfoundland.

Copy of an order of Councill on a representation relating to provisions for the soldiers, referring part of it to the Lord High Treasurer.

Copy of an Order of Councill of the 5th instant, upon a representation of the 29th of the last month [fo. 52], approving that part of the said representation which relates to provisions and clothing for the garrison at Newfoundland, and referring the same to the Lord High Treasurer for his directions therein, was read.

Copy of another order on the same representation, relating to convoys and provisions, referring part of it to his royal Highness.

Copy of another Order of Councill of the same date, upon the fore-mentioned representation relating to convoys for Newfoundland and one year's provisions for the garrison there, approving the said representation, and referring the same to his royal Highness the Lord High Admiral, for the necessary directions thereupon, was read.

February 14. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Trade.

Letter from Mr. Lowndes with a memorial from Mr. Taverner about duties laid here on linnen, &c.

Letter to Mr. Lowndes desiring the opinion of the Commissioners of the Customs thereupon.

Letter to Dr. Davenant for accounts of

A letter from Mr. Lowndes of the 12th instant, referring to this Board a memorial from Mr. Taverner, relating to the duties laid here on linnen and linnen thread imported from Holland [fo. 39], was read; whereupon ordered that the secretary write to Mr. Lowndes to move the Lord High Treasurer that their lordships may have the opinion of the Commissioners of her Majesty's Customes upon the said memorial [fo. 86] before they make their report to his lordship thereupon; and further ordered that the secretary write to Dr. D'Avenant for copies of the following accounts [fo. 71], viz.:—
thread imported, and goods exported with their duties, &c.
An account of sisters thread imported to England from Holland with the duty thereupon for three years from Christmas, 1703, to Christmas, 1706.
An account of goods and merchandizes that are of the product and manufacture of England, exported to foreign parts, with the custome those goods (which are rated, and those which pay ad valorem) amount unto from Christmas, 1701, to Christmas, 1704, in distinct years.

Antegoa.

Petition of Mr. Freeman about an Act relating to Robert Freeman.

A petition of Mr. Arthur Freeman [fo. 71], in the name of Robert Freeman, an infant, relating to An Act past at Antegoa the 24th of December, 1700, to enable Robert Freeman and Mary his wife to sell three parcells of land &c., was read; whereupon ordered that the next time Mr. Freeman calls at the office he be acquainted that the Board desire to speak with him.

February 17. Present:—Lord Dartmouth, Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Virginia.

Colonel Blakiston and Colonel Hill at the Board about patenting lands.

Copy of Mr. Bird's report relating thereto given them.

Colonel Blakiston and Colonel Hill attending, Mr. Bird's report relating to grants of land on the south side of Blackwater Swamp in Virginia [fo. 61], was communicated to them; upon which Colonel Hill, who is lately come from thence, said that he was sure there had been no irregular proceedings in the taking up and patenting of lands in that colony, and that her Majesty's instructions on that head were as nearly comply'd with as the interest of the country could admit of; and they desiring a copy of the said report, the same was ordered to be given them accordingly.

Jamaica.

Letter from the Governor.

A letter from Colonel Handasyd, Governor of Jamaica, to the Board, dated the 25th of October last, was read; and the papers therein referr'd to laid before the Board, and are as follows, viz.:—
Account of an attempt made by the French on Carolina.
Minutes of Councill in Assembly of the 8th and 15th of October, 1706.
Minutes of Assembly of the 10th and 11th of October, 1706.

Jamaica.

Letter from the Governor.

Another letter from Colonel Handasyd, dated the 19th of November last, was read; and the papers therein referr'd to laid before the Board, and are as follows, viz.:—
Papers therein referr'd to.
A clause made by the Assembly of Jamaica and inserted in the Act for regulating fees.
An account of the invasion of South Carolina by the French and Spaniards in August, 1706.
Minutes of Councill of Jamaica from the 5th of March, 1706, to the 12th ditto.
Minutes of Councill in Assembly from the 24th October, 1706, to the 13th November following.
Minutes of the Assembly of Jamaica from the 17th October, 1706, to the 14th of November following.

Jamaica.

Letter from the Governor.

A third letter from Colonel Handasyd, dated the 27th of December last, was also read, and the papers therein referr'd to laid before the Board, and are as follows:—
Papers therein referr'd to.
Minutes of Council in Assembly from the 19th of November, 1706, to the 24th of December following.
Minutes of Assembly from the 3rd of November, 1706, to the 19th of December following.
Account of an attempt made by the French on Carolina.

What Colonel Handasyd writes about his regiment, and new counsellors to be represented.

Colonel Handasyd to use his endeavors with the Assembly about quarters.

Whereupon their lordships agreed to represent to her Majesty what Colonel Handasyd writes relating to quarters and subsistence for the soldiers [fo. 73]—to 300 recruits for his regiment there, and to Mr. Ascough and Mr. Stewart being constituted members of her Majesty's Council in that Island, in the room of Mr. Walters and Mr. Knight, deceased. And ordered that in their next letter to Colonel Handasyd he be advised to use his utmost endeavours to bring the Assembly to a complyance for quartering and subsisting the officers and soldiers there.

Barbados.

Letter from Colonel Sharp, President of the Council.

Papers therein referr'd to.

A letter from Colonel Sharp, President of the Councill of Barbados, dated the 28th of November last, was read, and the papers therein referr'd to laid before the Board, and are as follows, viz.:—
Minute of the Assembly of the 7th of May, 1706, at the passing the Bill for a paper credit.
Account of what Colonel Sharpe said to the Councill and General Assembly of Barbados at their first meeting him in Council touching the Bill for paper credit.
Naval officers' list of ships entred and cleared from the 25th of March, 1706, to the 24th of June following.
Naval officers' list of ships entred and cleared in Barbados from the 25th of June, 1706, to the 24th of September following.
An Act concerning the agents for solliciting of the publick affairs of this island.
An Act for the better regulating of the courts of common pleas in this island, and to prevent several unnecessary delays in the proceedings of the said courts.

Colonel Sharp's opinion on the Act about paper credit sent to Mr. Heysham.

Whereupon ordered that a copy of Colonel Sharpe's opinion of the Bill relating to paper credit be sent to Mr. Heysham for his observations thereupon.

February 18. Present:—Lrod Dartmouth, Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Trade.

Dr. Davenant at the Board, with accounts of goods, &c. exported to foreign parts.

Doctor Davenant, Inspector General of her Majesty's Customes, presented to the Board, according to their lordships' desire of the 14th instant [fo. 66], the following papers, viz.:—
An account of goods and merchandizes of the product and manufacture of England exported to foreign parts, with the Custome of those goods (both such as are rated as such as pay ad valorem) from Christmas, 1701, to Christmas, 1704.

Sisters thread, &c. imported from Holland, and Duties on bone lace imported.

An account of what quantities of sisters thread have been imported to England from Holland, with the duties thereon, from Christmas, 1703, to Christmas, 1706.

An account of the duties upon bone lace imported into England.

Antego.

Mr. Freeman about an Act relating to Robert Freeman.

The said Act sent to Mr. Sollicitor General.

Mr. Freeman attending in relation to the Act past at Antego in 1700 [fo. 66], to inable Robert Freeman and Mary his wife to sell three parcells of land &c., the said Act was read; and thereupon ordered that it be sent to Mr. Sollicitor General for his opinion thereupon in point of law [fo. 147].

Newfoundland.

Answer to the memorial of Mr. Jackson about fish due to him from the inhabitants at St. Johns.

An answer to the memorial of Mr. Jackson [K. fo. 260] (complaining of Major Lloyd), certifyed by Commodore Underdown and other captains of the Queen's ships, dated the 8th of October, 1706.

Two addresses in favour of Major Lloyd.

An address from the commanders of merchant ships and inhabitants of Newfoundland to the Board, in favour of Major Lloyd, and certifyed by Commodore Underdown and other captains of men-of-war, dated the 22nd of September, 1706.

An address from the inhabitants of Consumption Bay to the Board in favour of Major Lloyd, dated the . . . . . . . . . . having now been received by the packet boat from Lisbon, were laid before the Board and read.

February 19. Present:—Lord Dartmouth, Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Prior.

Jamaica.

Representation about recruits and two new counsellors.

Letter to the Earl of Sunderland therewith.

A representation relating to the want of recruits in Jamaica [fo. 69, 129, 130], and to the death of two of the counsellors there, and proposing two others in their stead, together with a letter inclosing the same to the Earl of Sunderland, were signed.

Virginia.

Maryland.

Letter to the Earl of Sunderland to know what is order'd about convoys.

A letter to the Earl of Sunderland, desiring to know her Majesty's pleasure upon a representation of this Board of the 20th of December last [fo. 21, 48, 79], which was sent his lordship the same day, relating to convoys for Virginia and Maryland, was signed.

Maryland.

Letter from Colonel Seymour.

Their lordships then began to read a letter from Colonel Seymour, Governor of Maryland, of the 21st of August last [fo. 22, 74], and made a progress therein.

February 20. Present:—Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Newfoundland.

Letter from Mr. Burchet about the convoy, and desiring heads of inquiry for the Commodore.

The said inquiries sent.

A letter from Mr. Burchet, signifying that the men-of-war designed for Newfoundland are ready to proceed on their voyage thither, and desiring that the usual heads of inquiry may be sent him for the Commodore of that squadron, was read; and a draught of the said heads of inquiry and instructions were laid before the Board, agreed and sent accordingly.

Maryland.

Colonel Seymour's letter under consideration.

Their lordships again took into consideration the letter from Colonel Seymour [fo. 73, answer 98], mention'd in yesterday's minutes, and made a further progress therein, and the papers therein referr'd to laid before the Board, and are as follows, viz.:—
Papers therein referr'd to.
Copy of an intercepted letter from Monsieur De Paty, imployed in building Fort Lewis at St. Domingo, to Monsieur Du Cass, dated the 6th of September, 1705.
Copy of an intercepted letter from the Governor of St. Domingo to Monsieur Boulay, Counsellor to the French King, dated the 18th of September, 1705.
Copy of the Journal of the Committee of Accounts in Aprill, 1706.
Minutes of Councill in Assembly from the 2nd of Aprill, to the 19th ditto, 1706, inclusive.
Journal of the House of Delegates from the 2nd to the 19th of Aprill, 1706, inclusive.
Fourteen Acts past the 19th of Aprill, 1706.

Lord Baltimore and Colonel Blakiston to attend.

Ordered that the Lord Baltimore and Colonel Blakiston be desired to attend the Board on Monday morning next [fo. 77].

February 21. Present:—Lord Bishop of London, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Plantations General.

Letter from Mr. Secretary Hedges with several letters from the plantations.

A letter from Sir Charles Hedges (when Secretary of State) of the 2nd of December last, inclosing several letters from the plantations to himself, which were laid before the Board and read, and are as follows, viz.:—
New England.
Letter from Colonel Dudley to Mr. Secretary Hedges.
Letter from Colonel Dudley, Governor of New England, to Mr. Secretary Hedges, relating to his government, dated the 8th of October, 1706.
Letter from Mr. Paul Dudley to Mr. Secretary Hedges about Admiralty fees and condemnation of the Charles brigantine.
Letter from Mr. Paul Dudley to Mr. Secretary Hedges, relating to Admiralty fees, and to the condemnation of the brigantine Charles in that court in New England, dated the 12th of October, 1706.
Letter from Colonel Dudley to Mr. Secretary Hedges about naval stores shipt for England.
Letter from Colonel Dudley to Mr. Secretary Hedges, relating to the mast fleet and the quantity of tar and turpintine shipt for England, dated the 21st of October, 1706.
Letter from Mr. Caleb Heathcote to Mr. Secretary Hedges about naval stores.
Letter from Mr. Caleb Heathcote to Mr. Secretary Hedges, relating to the production of naval stores, dated the 16th of Aprill, 1706.
Answer to the order about Mr. Lawson's appeal.
Answer of the judges of the superior court of the Massachusets Bay to her Majesty's Order of Council, for their refusing of Mr. Lawson's appeal against Mr. Serjeant, dated the 2nd of October, 1706.
Letter from Mr. Byfield about a prize brought into Rhode Island and Mr. Colman's complaints.
Letter from Mr. Byfield to Mr. Secretary Hedges, relating to the prize brought into Rhode Island by Captain Halsey &c., and the complaints of Mr. Colman against him, dated the 4th of October, 1706.
New Jersey.
Letter from the Lord Cornbury in answer to the complaints of Captain Budge about the Pink Hope.
Letter from the Lord Cornbury to Mr. Secretary Hedges, in answer to the complaints made against him by Captain Budge, relating to the condemnation of the ship Pink Hope at the Admiralty Court in New Jersey, dated the 16th of October, 1706.
Certificate, &c. relating to the Pink Hope.
Certificate of Mr. Tudor, Register of the Admiralty Court in New Jersey, together with other papers relating to the condemnation and disposal of the Pink Hope, dated the 16th of October, 1706.

New Yorke.

Letter from Mr. Heathcote relating to naval stores.

A letter from Mr. Caleb Heathcote, with a scheme wherein he proposes to victual, man, and refit ships of war, to build frigats, and provide rigging &c. for the service of New York, at half the charge they now cost the crown, dated the 7th of October, 1706, was read.

Another from him on the same subject.

Another letter from Mr. Caleb Heathcote, upon the foregoing heads, dated the 6th of November last, was read.

February 24. Present:—Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Maryland.

Lord Baltimore and Colonel Blakiston upon what the Governor writes about Jesuits; and

The Lord Baltimore and Colonel Blakiston attending, as desired the 20th instant [fo. 75], the paragraphs H and I of Colonel Seymour's letter of the 21st of August last, relating to the behaviour of the Papists, and especially of two Jesuits in Maryland [fo. 80], were read; whereupon the Lord Baltimore said that he had done all that in him lay, by writing to his friends there, and he promised to give their lordships an account in writing of the number of Irish servants imported into Maryland within three or four years last past.

misapplication of 260l. of the three shillings per hogshead.

Then paragraph K of Colonel Seymour's said letter, relating to the misapplication of 260l. of the three shillings per hogshead, during Colonel Blakiston's government, was also read; and Colonel Blakiston acquainted their lordships that that whole matter was now depending before my Lord High Treasurer.

Address relating to copper money.

Then, upon some discourse in relation to the address from Maryland [fo. 19], mentioned in the minutes of the 19th of December last, relating to copper money, their lordships agreed that, if the government of Maryland would send over the value of the summe they desire, they would then represent to her Majesty that such a summe be returned them in copper money accordingly, with their opinion that the said money be not permitted to pass in Maryland at a higher rate than its value here; and Colonel Blakiston promised to write to Maryland accordingly.

Virginia.

Maryland.

Copy of an Order of Council on representation about convoys.

The copy of an Order of Councill of the 20th instant [fo. 73, 166] upon a representation of the 20th of December last, relating to convoys for Virginia and Maryland, approving the said representation, was read.

Bermuda.

Memorial from Mr. Nodin, praying a perusal of the papers against Mr. Jones.

Mr. Jones to have an abstract of the complaints against him.

A memorial from Mr. Nodin, agent for Bermuda, desiring the persual of such papers as are in this office against Mr. Jones, secretary and provost marshall of that island, was read; and thereupon ordered that he have leave to peruse the same, and that Mr. Jones have an abstract of the complaints made against him since his last going over [fo. 56, 96].

Virginia.

Letter from Colonel Quary.

A letter from Colonel Quary, dated in Virginia the 1st of September last, was read; and upon paragraph B, relating to the Assembly's repealing of Acts confirmed by the Crown, their lordships agreed to write to the President and Council that they ought not to do the like for the future.

Miscellanies.

Letter to the Lord High Treasurer with accounts of incident charges.

The following accounts of incident charges were laid before the Board, and a letter to the Lord High Treasurer, desiring the payment thereof, was signed.

The said accounts are as follows:—
The secretary's account of petty expences from Midsummer, 1706, to Michaelmas following, amounting to 25l. 3s. 6d.
The secretary's account of petty expences from Michaelmas, 1706, to Christmas following, amounting to 14l. 10s. 8d.
The stationer's account from Midsummer, 1706, to Michaelmas following, amounting to 21l. 6s. 6d.
The stationer's account from Michaelmas, 1706, to Christmas following, amounting to 16l. 17s. 0d.
The post officers' account from Midsummer, 1706, to Michaelmas following, amounting to 7l. 15s. 2d.
The post officers' account from Michaelmas, 1706, to Christmas following, amounting to 34l. 1s. 0d.

February 25. Present:—Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Maryland.

Extract of Colonel Seymour's letter about Jesuits sent to Mr. Sollicitor General.

Ordered that a copy of paragraphs H and I of Colonel Seymour's letter mentioned in yesterday's minutes be sent to Mr. Sollicitor General for his opinion [fo. 78] whether her Majesty may not order Colonel Seymour by proclamation to expell William Hunter and Robert Brook, the two Jesuits mentioned in the said letter, out of the province of Maryland.

New England.

Order of Council on a petition of Mr. Vetch and others against some Acts imposing fines upon them, for trading with the French.

Mr. Samuel Vetch presented to their lordships an Order of Councill of the 20th instant [fo. 82], referring to the Board a petition from himself, John Borland and Roger Lawson, praying to be heard against some Acts lately pass'd in the Massachusets Bay, imposing fines upon the petitioners for trading with the French, which was read.

Another order of Council on the same subject.

The said Vetch presented to their lordships another Order of Councill of the same date, referring to the Board a petition of William Rouse, Ebenezar Coffin and John Philips, mariners, upon the same subject as the foregoing, which was read.

Letter from Colonel Dudley with a minute of Assembly relating to the persons above mentioned.

Mr. Phips summond.

A letter from Colonel Dudley to the secretary, of the 21st of October last, inclosing a minute of the General Assembly of the Massachusets Bay, relating to the fines imposed upon the foresaid petitioners, was also read; and thereupon ordered that Mr. Phips [fo. 85], agent for Colonel Dudley, have notice to attend the Board on Thursday morning next.

February 27. Present:—Lord Dartmouth, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

New England.

Memorial from Mr. Wharton relating to Mr. Vetch and others.

A memorial from Mr. Wharton, in the name of several gentlemen, merchants and others, praying to be heard before their lordships' report upon the petitions of Samuel Vetch, William Rouse and others [fo. 81], mentioned in the last minutes, was read.

Remarks on the tryal of Mr. Vetch, &c.

Mr. Vetch presented to their lordships several remarks upon the tryals of himself, Borland and Lawson, in the Massachusets Bay, which was read.

Letter from Colonel Dudley relating to Mr. Vetch and Rouse, &c.

A letter from Colonel Dudley, of the 8th of October last, relating chiefly to the trials of Vetch, Rouse &c. for trading with the French, was read, and the papers therein referr'd to laid before the Board, and are as follows, viz.:—
Papers therein referr'd to.
Copies of the accusations, affidavits and proceedings against John Borland, Samuel Vetch, Roger Lawson, William Rouse and Ebenezar Coffin, for trading with the French &c.
Six private Acts past at the General Assembly of the Massachusets Bay the 7th of August, 1706, fining several persons for trading with her Majesty's enemies.
A proclamation appointing a day of thanksgiving in New England for the success of her Majesty's arms in Flanders &c.

Letter to Mr. Attorney General with several papers and queries relating to the abovesaid Vetch, &c.

Whereupon ordered that the following papers be sent to Mr. Attorney General [fo. 123], viz.:—
An Order of Councill of the 20th of February, 1706/7, referring to this Board the petition of Samuel Vetch, John Borland &c., praying the Acts lately pass'd in the Massachusets Bay, imposing fines on them for trading with her Majesty's enemies, may not be confirmed.
An Order of Councill of the same date, referring to this Board the petitions of William Rouse &c., praying the Acts lately past in the Massachusets Bay, imposing on them several fines for trading with her Majesty's enemies, may not be confirmed.
Extract of a letter from Colonel Dudley of the 8th of October last, relating to the case of Vetch, Rouse &c.
Six Acts past in the Massachusets Bay the 7th of August last for fining the said Vetch, Rouse &c., for trading with the French.
Copies of the accusations, affidavits and proceedings against Borland, Vetch &c. for trading with the French.
The Charter of the Massachusets Bay.
And that his opinion be asked upon the following queries [fo. 123] viz.:—
1st. Whether the Governor, Councill and Representatives of the Massachusets Bay, which together compose the General Assembly of that province, have a power granted them by charter to try and punish by fine offenders in cases of misdemeanors, and without verdict of jury but immediatly by themselves in their legislative capacity, and by Acts or laws made in their Assembly after the offences committed?
2nd. Supposing such a power is granted them by charter, whether it is unlimited and arbitrary without a Salvo Contenemento; or whether the fine to be imposed is to be moderated and restrained to the condition, circumstances and abilities of the persons offending. For example, in the present case, Rouse is fined 1,200l., which is alledged to be more than he is worth, and, if he should be detained in prison till he has paid his fine, he must lose his liberty during life.
3rdly. Whether it will be advisable for her Majesty to confirm the aforesaid laws, the like whereof have never been enacted heretofore in that province, lest the introducing and establishing such a new precedent be attended with dangerous consequences and inconveniencies for the future in that and the other plantations.
4thly. In case her Majesty shall think fit to repeal those Acts, and consequently vacate the fines imposed by them, whether may not the offenders be tryed over again in the ordinary course of law, either by commission of Oyer and Terminer, or by some other method; and what will be the best method for bringing to condign punishment such as by a legal tryal shall be found guilty of the crime they are charged with, which is no less than trading and corresponding with her Majesty's declared enemies.

Mr. Phips at the Board about Vetch, &c.

Mr. Phips attending [fo. 81, 123], he was acquainted that their lordships had referred the matter relating to Vetch, Rouse, Lawson &c. to Mr. Attorney General as aforesaid.

February 28. Present:—Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Trade.

Letter from Mr. Savage with a copy of Commissioners of the Customs report on Mr. Taverner's memorial about duties on linnen, &c.

A letter from Mr. Savage, of yesterday's date, inclosing a copy of a report from the Commissioners of the Customes to the Lord High Treasurer, upon a memorial from Mr. Taverner [fo. 66], relating to the duties laid here on the linnens, thread &c. of Holland, was read.

New Hampshire.

Letter from Colonel Dudley with three Acts.

A letter from Colonel Dudley, Governor of New England, to the secretary, dated the 8th of May, 1705, was read; and three Acts, past in New Hampshire, the 3rd of April, 1705, therewith transmitted laid before the Board.

Second letter from Colonel Dudley.

A second letter from Colonel Dudley, dated the 3rd of November, 1705, was read; and the papers therein referr'd to laid before the Board, and are as follows viz.:—
Papers therein referr'd to.
Proposition of the representatives and freeholders of New Hampshire to Mr. Allen.
Account of Ordnance and stores at Boston Castle, the two batteries there, at Salem, Marble Head and New Castle, with the Commissary General's account, and a state of the expence of stores at each place, taken between March and September, 1705.
Minutes of Council from the 4th of December, 1704, to the 3rd of October, 1705.
Minutes of Councill in Assembly from the 24th of January, 1704/5, to the 25th of July, 1705.

Massachusets.

Third letter from Colonel Dudley.

A third letter from Colonel Dudley, Governor of the Massachusets Bay, dated the 22nd of July last, was read.

Fourth letter from him.

Papers therein referr'd to.

A fourth letter from Colonel Dudley, of the 2nd of October last, was read; and the papers therein referr'd to laid before the Board [fo. 100], and are as follows, viz.:—
Copy of Mr. Colman's affidavit relating to his receiving the Lord High Admiral's dues of a prize brought into Rhode Island &c.
Copy of an article in the instructions given by Colonel Dudley to privateers about bringing back their men to the places where they take them on board &c.
Letter from Colonel Winthrop, Governor of Connecticut, to Colonel Dudley, acknowledging the receipt of an order for repealing the Act about Hereticks.
List of causes in the several courts of justice in the Massachusets Bay, from January, 1704, to July, 1706.
Minutes of Councill from the 19th of March, 1704, to the 16th of July, 1705.
Minutes of Councill from the 19th of July to the 4th of December, 1705.
Minutes of Councill from the 5th of December, 1705, to the 29th of Aprill, 1706.
Minutes of Councill in Assembly from the 5th of September to the 15th ditto, 1705.
Minutes of Councill in Assembly from the 24th of October to the 5th of December, 1705.
Minutes of Councill in Assembly for the 10th, 11th and 12th of Aprill, 1706.
Several Acts past at a General Assembly held in May and October, 1705, and May and August, 1706.

New Hampshire.

Representation to be prepared relating to counsellors.

Whereupon their lordships gave directions for preparing a representation upon paragraph R of the said letter [fo. 93], wherein Colonel Dudley signifies that one of the Council of New Hampshire was dead, and another dismiss'd at his own desire, and proposes that Mr. Winthrop Hilton and Mr. Joseph Smith to (sic) be appointed of the Councill of New Hampshire in their stead.

New England.

Letter from Colonel Dudley relating to Mr. Vetch and Rouse, &c.

A fifth letter from Colonel Dudley, dated the 8th of October last [fo. 101], was again read; and the papers therein referr'd to laid before the Board, and are as follows, viz.:—
Papers therein referr'd to.
Copies of the accusations, affidavits and proceedings against John Borland, Samuel Vetch, Roger Lawson, William Rouse, and Ebenezar Coffin, for trading with the French &c.
Six private Acts past at the General Assembly of the Massachusets Bay the 7th of August, 1706, against several persons for trading with the enemy.
Proclamation appointing a day of thanksgiving in New England for the success of her Majesty's arms in Flanders &c.

New Hampshire.

Letter from Colonel Dudley to the secretary.

A letter from Colonel Dudley to the secretary, of the 10th of October last, was also read, and the papers of publick proceedings referr'd to therein were laid before the Board, and are as follows, viz.:—
Papers therewith received.
Minutes of Council of New Hampshire from the 14th of January, 1705/6, to the 30th of July following.
Minutes of the Councill of New Hampshire in Assembly from the 13th of December, 1705, to the 26th of July, 1706.
Several Acts past at a General Assembly of New Hampshire in December, 1705, and July, 1706.

Massachusets.

Three letters from Mr. Addington to the Secretary with several papers.

Three letters from Mr. Addington to the secretary, two of the 8th of October last, the other of the 10th of the same month, together with a copy of the Councill's opinion about ransoming some English ships at Port Royal, Colonel Dudley's report to Captain Rouse thereupon, as also a letter from Colonel Dudley to the said Rouse, was laid before the Board, and read.

Copy of a certificate of Mr. Vendue, relating to the sale of a negro imported by Quelch the pirate, and bought by Mr. Paul Dudley, dated the 6th of October, 1705.

Massachusets.

Letter from Mr. Paul Dudley, Advocate General, in answer to Mr. Colman's complaints.

A letter from Mr. Paul Dudley, Attorney and Advocate General of the Massachusets Bay, in answer to what has been alledged against him by Mr. Colman, dated the 10th of October last, was read.

Another to the secretary on the same subject.

A letter from Mr. Paul Dudley to the secretary, dated the 24th of October, 1706, upon the same subject, was read.

Rhode Island.

Letter from the Governor and Company.

A letter from the Governor and Company of Rhode Island, dated the 14th of September, 1706, was read.

Another letter from them about a day of thanksgiving.

A letter from the Governor and Company of Rhode Island to the Board, relating to their strict observance of a day of thanksgiving for the success of her Majesty's arms &c., signed Westr. Clark, Secretary, dated the 17th of October, 1706, was read.

Rhode Island.

Massachusets.

Letter from Mr. Byfield with papers justifying his condemning a Spanish prize.

A letter from Mr. Nathaniel Byfield, judge of the Admiralty in New England, to the Board, inclosing several papers in justification of his proceedings in condemnation of the Spanish prize taken by Captain Halsey, against the complaint of Mr. Colman &c., dated at Bristoll, October the 2nd, 1706, was read.

New England.

Letter from postmaster at Boston.

A letter from Mr. John Campbell, postmaster of Boston, to Mr. Popple, inclosing some Boston newspapers and the copy of a letter published by him in October, 1705, relating to the Quakers, desiring that a favourable construction may be put on that publication &c., dated the 2nd of October, 1706, was read.

Letter from Mr. Colman about a prize condemned by Mr. Byfield.

A letter from Mr. Colman, the Prince's Receiver for prizes, to the Board, giving a further account of the prize condemned at Rhode Island by Mr. Byfield, of whom he complains, as also of Mr. Paul Dudley, concerning the clandestine sale of negroes &c., dated the 2nd of October, 1706, was read.

Letter from Mr. Plaisted relating to masts.

A letter from Mr. Plaisted, of the 21st of October, 1706, relating to his good success in preparing masts this year, through the care of Colonel Dudley, was read.

Letter from Mr. Paige upon Mr. Colman's complaint about a prize.

A letter from Mr. Paige to the secretary upon Mr. Colman and Gallop's complaint against Colonel Dudley and himself about a prize taken by the Charles galley, dated the 20th of September, 1706, was read.

Letter from Colonel Romer.

A letter to the Board from Colonel Romer, dated the 28th of March, 1705, was read.

Letter from Colonel Romer about his being a prisoner at St. Malo.

A letter from Colonel Romer to the Board relating to his being a prisoner at St. Malo, dated the 18th of December, 1706, was read.

New York.

Letter from Mr. Mompesson, Chief Justice of New York.

A letter from Mr. Roger Mompesson, Chief Justice of New Yorke, to the Board, returning his thanks to their lordships for their favour in his preferment, dated at New Yorke the 8th of October, 1706, was read.