Journal, June 1707
June 5. Present:—Earl of Stamford, Sir Philip Meadows,
Mr. Pulteney, Mr. Monckton.
Letter from the Bishop of London on an act for the suppression of vice.
To be repealed.
A letter from the Lord Bishop of London of the 2nd instant in
answer to one writ him the 28th of the last month, for his opinion
upon a law past in Virginia in 1706 for the effectual suppression of
vice [fo. 187] and restraint and punishment of blasphemous, wicked
and dissolute persons, was read; whereupon their lordships agreed
to lay that law before her Majesty as fit to be repealed.
Letter from Mr. Secretary Harley referring the petition of the Lords Proprietors praying Mr. Holden may be Governor.
Mr. Boon and Mr. Graves summoned.
A letter from Mr. Secretary Harley, refering to this Board a
petition of the Lords Proprietors of the Bahama Islands to the
Queen, praying her Majesty's approbation of Robert Holden, esquire
[fo. 185], to be Governor of the said islands, and to know if their
lordships have any objections thereunto, was read. Whereupon
ordered that letters be writ to Mr. Graves and Mr. Boon [fo. 206,
207] to attend the Board to-morrow morning in order to inquire
of them what they know of the character of the said Holden.
Letter from Colonel Park.
A letter from Colonel Park, Governor of the Leeward Islands,
dated the 24th of March last, was read.
Letter from Colonel Bennet.
A letter from Colonel Bennet, Lieutenant Governor of Bermuda,
dated the 27th of February, 170 6/7, was read.
Letter from Mr. Dummer.
A letter from Mr. Dummer of the 31st of the last month, giving
an account of the sailing of the Antego packet boat, out and home
from the West Indies, was read.
June 6. Present:—Earl of Stamford, Sir Philip Meadows,
Mr. Pulteney, Mr. Monckton.
Mr. Graves about qualifications of Mr. Holden.
Mr. John Graves attending [fo. 205, 213], and being asked what
he knew concerning the character and qualifications of Mr. Robert
Holden, nominated to be Governor of the Bahama Islands, he said
that he did not know the said Holden, and therefore could give no
character of him; but promised to make enquiry thereof, and to
give their lordships an account accordingly.
Mr. Boon on the same subject.
Mr. Boon also attending [fo. 205], and being asked the same
question, he told their lordships that he did not know Mr. Holden,
or had ever heard anything of him.
Letter from the Governor.
A letter from Colonel Handasyd, Governor of Jamaica, dated
the 21st of April last, was read, and the minutes of Council
transmitted therewith from the 22nd of November, 1706, to the
7th of February following, were laid before the Board. Whereupon
ordered that copy of paragraph C. of the foresaid letter, relating
to two prizes taken and brought into Jamaica, be sent to the Commissioners of prizes.
Letter from Colonel Sharp.
A letter from Colonel Sharp, President of the Councill of
Barbadoes, dated the 24th of March last, was read; and the papers
referr'd to in the said letter laid before the Board, and are as
Papers of public proceedings.
Copy of a petition of several merchants &c. to the President,
complaining of the Assembly's backwardness in redressing
their grievances occasioned by the Act for a paper credit,
and praying him to move the Assembly therein.
Address from the President and Council to her Majesty, setting
forth that for the seditious behaviour of Colonel Cleland,
he had been suspended the Councill, and praying her Majesty's
Minutes of Council from the 10th of February, 170 6/7, to the
Naval officers' list of ships entred and cleared in Barbadoes
from the 25th of September to the 24th of December, 1706,
Three Acts past by the General Assembly in Barbadoes in
February and March, 170 6/7.
Draught of representation to be prepared upon Colonel Cleland's ill behaviour.
Whereupon their lordships gave directions for preparing the
draught of a representation for laying before her Majesty, together
with the forementioned address, an account of the behaviour of
the said Colonel Cleland [fo. 215].
Merchants about disadvantages they lye under in the tobacco trade.
Mr. Perry, Mr. Hyde and Mr. Linton attending [fo. 186], presented
to the Board a memorial in behalf of the Virginia and Maryland
merchants, setting forth the disadvantages they lye under in
relation to the tobacco trade to Russia and other parts, praying
their lordships to consider the memorial formerly delivered to
this Board upon that matter, and to report thereupon to her Majesty,
was read. And they added in discourse that their particular desire
was that liberty be obtained from the Czar of Muscovy, for all such
as are free of the Russia company to import into that country what
quantity of tobacco they should think fitting; that the great
improvement in quantity and quality of tobacco in Holland and
Germany was very destructive to their trade, but they did not
doubt that, in case tobacco could be sent from hence to France
in neutral ships, to vend great quantities there; and being asked
for a particular account of the tobacco's manufactured in Holland
and Germany [fo. 263], Mr. Linton promised to give their lordships
such an account accordingly.
Draught of representation upon Acts.
The draught of a representation upon the Acts past in Jamaica
in April, May and June, 1704, July and August, 1705, and February,
170 6/7 [fo. 204, 214], as directed in the minutes of the 30th of the last
month, was agreed and ordered to be transcribed.
Draught of a representation on disobedience of the propriety governments to the proclamation about coin.
The draught of a representation [fo. 216] relating to the disobedience of the propriety and charter governments to her Majesty's
proclamation for settling the rates of foreign coin in the plantations
was agreed, and ordered to be transcribed.
June 9. Present:—Earl of Stamford, Lord Dartmouth, Sir Philip
Meadows, Mr. Pulteney, Mr. Monckton.
Hearing against Mr. Jones, secretary and provost marshal.
This being the day appointed for hearing the complaints of the
the Councill and Assembly &c. of Bermuda against Mr. Jones
[fo. 181, 218], secretary and provost marshall of that island, and
Mr. Attorney General and Sir Thomas Parker attending in behalf
of the complainants, and Mr. Eyre and Dr. Lane on behalf of the
said Jones, her Majesty's Order in Council of the 4th of April, 1706,
requiring the said Jones to come to England prepared to answer the
several complaints against him, was read. Then Mr. Serjeant Bennet
presented to their lordships a charge in behalf of the Councill,
General Assembly, judges and justices of the peace of Bermuda,
against the said Jones, which was also read; whereupon the councill
for the plaintiffs desired to know, before they proceeded any further,
whether the said Jones had any patent from her Majesty for the
places of secretary and provost marshall of Bermuda.
Unto which the council for Mr. Jones answered, that the question
before their lordships was not whether the said Jones had a patent
from her Majesty or no. The charge and all the proceedings
against him stile and acknowledge him secretary and provost
marshal; and they observed that he was suspended in
King William's reign in June, 1701, which suspension was taken
off by her Majesty's Order in Council of the 20th of April, 1704,
and he permitted to return to the execution of his office, which
was as good in law as if he had a new patent.
The council for the plaintiffs replied that in this case, upon the
demise of the King nothing could legally reinstate Mr. Jones in
the said place but a patent from her Majesty, and they insisted
upon Mr. Jones producing such a one, else they should look upon
all that he had done since his last going over as a violation of her
Majesty's authority; and they further desired leave to lay before
their lordships the proofs of the complaints formerly exhibited
against Mr. Jones, because his former suspension had been taken
off for want of such proof; and he permitted to return, upon
promise of his good behaviour, but having had no regard to that
promise, and continuing to misbehave himself, they hoped their
lordships would permit them to make out the crimes formerly
alledged against him.
The council on the other side opposed this motion, Mr. Jones
having been reinstated in his places by her Majesty; nothing was
now properly before their lordships but what he had committed
since his last going over; and they declined answering whether
the said Jones had a patent from her Majesty or no. But the councill
for the plaintiffs insisting upon it, the defendants desired time till
Wednesday next to give in their answer. Which being agreed to
by the plaintiffs, their lordships ordered that both parties do
attend on Wednesday next the 11th instant at nine a clock in
the morning, in order to proceed further in the said hearing.
Mr. Graves about Mr. Holden.
Representation to be prepared.
Mr. Graves attending [fo. 206, 254], acquainted their lordships
that he had made enquiry about Mr. Holden, nominated by the
Lords Proprietors to be Governor of the Bahama Islands, and was
inform'd that he had some small estate; that he had a patent from
the Proprietors to look after the whale fishings and wrecks in those
parts, which was the main reason for their sending of him thither;
that he had indeed a commission to be Governor, which the said
Graves thought might be of dangerous consequence, there being
no strength, and the Proprietors sending over none to defend those
islands. Whereupon their lordships gave directions for preparing
a representation in answer to Mr. Secretary Harley's letter of the
3rd instant, relating to her Majesty's approving the said Holden
as Governor of the Bahama Islands.
Memorial from Mr. Sleford for establishing an agent for commerce.
Mr. Thomas Sleford presented to their lordships a memorial
containing some reasons for establishing an agent for commerce
[fo. 341], in subservience to the Council of trade, which was read.
He further communicated to their lordships a like memorial which
he had presented to my Lord High Treasurer with a minute endorsed
thereupon, purporting that Mr. Sliford must make his application
to this Board, my Lord Treasurer not thinking it proper to make
any reference thereupon, in regard it is intermeddling with the
business of the Lords Commissioners of Trade and Plantations.
After the reading whereof, and Mr. Sliford being withdrawn,
ordered that he be acquainted by the secretary, the next time
he calls at the office, that without a reference to their lordships, they
did not think proper to make any report upon his proposal.
Representation on Acts.
A representation upon the Acts of Jamaica [fo. 209, 315], as
agreed at the last meeting, together with a letter inclosing the
same to the Earl of Sunderland, was signed.
Draught of a representation on Colonel Cleland's behaviour.
The draught of a representation in relation to Colonel Cleland's
behaviour in Barbadoes [fo. 208, 216], as directed at the last meeting,
was agreed, and ordered to be transcribed.
June 10. Present:—Earl of Stamford, Lord Dartmouth, Sir Philip
Meadows, Mr. Pulteney, Mr. Monckton.
Mr. Holden about state of the Bahamas.
Mr. Holden attending [fo. 185, 253], and being asked several
questions relating to the present state of the Bahama Islands, he
said that he had been at several of those islands, but never at
Providence. However he had been informed that the harbour
there was very good, and capacious enough to contain a great
number of ships; that ten or more ships came there every year
for shelter, being drove off from the continent; that four or five
hundred pounds would repair the fort, and put it into a good posture
of defence; and that there were 500 men able to bear arms scatter'd
in the several islands, but he owned that the said fort would not
be tenable without a due reparation; and as for arms and stores
of war, he did not know of any that had been sent thither since the
desolation made by the Spaniards there about four years ago.
Representation about disobedience of the propriety governments to proclamation concerning coin.
A representation relating to the disobedience of the propriety
governments [fo. 210, 346; M. fo. 21] to her Majesty's proclamation
for settling the rates of foreign coin in her Majesty's plantations in
America, as agreed at the last meeting, together with a letter inclosing
the same to the Earl of Sunderland, were signed.
Representation on the behaviour of Colonel Cleland inclosed in a letter to the Earl of Sunderland.
A representation upon an address from the President and Councill
of Barbadoes to her Majesty, touching the behaviour of
Colonel Cleland [fo. 215, 322], one of the members of the said Councill,
also agreed at the last meeting, together with a letter inclosing
the said representation and address to the Earl of Sunderland,
Memorial from Mr. Lodwick about Bayard and Hutchins.
A memorial from Mr. Charles Lodwick [K. fo. 135; fo. 254], in
behalf of Colonel Bayard and Alderman John Hutchins of New
York, setting forth that they had entred into recognizance, and
also transmitted certificates thereof (annexed to the said memorial),
pursuant to a representation from this Board to her Majesty, dated
the 15th of December, 1704, upon an Act passed at New York,
declaring the illegality of the proceedings against the said
Colonel Bayard and Hutchins for pretended high treason, and for
reversing and making null and void the said judgment, and all
proceedings thereon, and praying a report for her Majesty's royal
approbation of the said Act, was read; and Mr. Lodwick being
acquainted that, till Mr. Attorney General's report upon the second
Act, transmitted to him the 14th of December, 1705, was laid before
them, they could not proceed any further in that matter; whereupon Mr. Lodwick promised to bring the same to their lordships
June 11. Present:—Earl of Stamford, Lord Dartmouth, Sir
Philip Meadows, Mr. Pulteney, Mr. Monckton.
Second hearing of complaint against Mr. Jones.
Mr. Nodin, agent for the Bermuda Islands, and Mr. Jones
attending, according to the directions of the 9th instant [fo. 210,
388], with the same counsel on each side; and the counsel for
Mr. Jones, the defendant, being asked what they had to say to
the question proposed by the other side, when last at the Board,
viz.:—Whether Mr. Jones had a patent from her Majesty for the places
of secretary and provost marshal of the said islands, or no ? they said:
That Mr. Jones had a commission under the Great Seal from
his late Majesty King William during pleasure, that the next day
after the King's demise her Majesty issued her proclamation,
directing all persons to continue in and execute the offices they
possess'd at his said Majesty's demise, till her Majesty's further
pleasure be known, which proclamation being under the great seal,
and her Majesty not having revoked the late King's patent to the
said Jones, they look'd upon it that he is authorized by her Majesty
under the Great Seal of England, and which they esteemed
to be as valid in law as if he had a real patent from her Majesty,
until such time as her Majesty's pleasure shal be declared to the
Unto which the counsel for the plaintiff replied that, as to the
proclamation, there was nothing in it but what was common and
usual upon all such occasions, for the common law determines all
commissions upon the demise of the King, and therefore these
proclamations were only for the keeping of the government in
order, till the successor should think fit to make alterations therein.
That the Act of Parliament, made in the first year of her Majesty's
reign, for explaining a clause in the Act of the seventh of King William,
for the better security of his Majesty's royal person and government,
directs that all patents or grants of any office, shall not be construed
to be determin'd by the death of his late Majesty, but shall remain
and continue in full force for six months after his said Majesty's
death, unless made void by her present Majesty; so that it is plain,
that after the six months, all officers ought to renew their patents,
such patents are good for six months; but by construction of the
Act, after six months they are determin'd. The Act being subsequent to the proclamation, the proclamation cannot be offer'd
as any authority for Mr. Jones's acting without a patent, and
therefore everything that he has done since the said six months, is
illegal, null and void.
Whereupon the counsel for the defendant answered, that they
look'd upon the proclamation [as] equivalent to a patent; that
the Act mentioned by the other side was out of the case, for the
Parliament never intended thereby to restrain the power of the
Crown; that if the Crown by proclamation continue officers,
they are well and legally established in their places, for the term
limited in the proclamation, and her Majesty's foresaid proclamation
limited no time, and leaving it at large, during her royal pleasure,
Mr. Jones is thereby confirmed in his places, till her Majesty revoke
the same; and the late King's patent is also thereby become her
Majesty's act and deed.
The counsel on the other side insisting that there is no colour,
since the passing the aforesaid Act, for offices subsisting longer
than six months after the demise of the King, unless in case of
necessity, they were acquainted by the Board, that regard would
be had to what had been offer'd on each side upon that matter,
and were desir'd to proceed.
Then the counsell for the plaintiffs desired leave to begin with
the proofs they had of crimes formerly charged against Mr. Jones,
and which, though he was permitted to return to Bermuda, had
never been made out here, and this being the prayer of the petition
of the Assembly of Bermuda to her Majesty (marked H. No. 1),
and that petition being referr'd to the Board, to examine the
allegations thereof, and report the state of the fact, with their
opinion thereon, they thought the former matters were now properly
before their lordships. That the reason why Mr. Jones's suspension
was taken off, and he permitted to return, was, for that there was
not then in England sufficient proof to make good the crimes then
charged upon him; and for that he promised to make a due submission to the Governor for what he had said against him, and to
behave himself better for the future. Instead of which, he having
since his last arrival misbehaved himself in several particulars now
to be laid before their lordships, they thought there was sufficient
ground, were it not referr'd to their lordships, to examine into his
The counsel for the plaintiff said that Mr. Jones coming from
Bermuda in October, 1702, and his suspension not taken off till
April, 1704, there was sufficient time for procuring proofs to the
charge against him.
To which the other side replied, that proofs had been regularly
sent, but were lost in a ship taken and carry'd into France, and
that though he might come from Bermuda in 1702, his petition
was not presented to her Majesty till November, 1703, and the
representation thereupon was in April, 1704, so that there was not
sufficient time to send for duplicates of the proofs necessary on
The counsel for the defendant said that her Majesty's order of
the 20th April, 1704, for taking off the said Jones's suspension,
and for remitting the fines imposed on him in Bermuda, was as
full and ample as could be, and therefore it would be very hard
that he should be tryed again for pretended crimes already pardon'd
by her Majesty; and upon this occasion they desired their lordships
to look back into the minutes of the former commission. Whereupon
the said minutes were read, viz.: those of the 28th February, 170 ¾,
whereby it appears that Mr. Bennet was allowed six months to
produce proofs of the crimes then laid to Mr. Jones's charge.
By the minutes of the 27th of March following, it appears that
a memorial from Mr. Jones was read, importing that Mr. Bennet
had no objections to his being restored to his places; and by those
of the 29th of the same month, Mr. Bennet and Mr. Jones being
present, it appears that Mr. Bennet declared that Mr. Jones having
made his submission and begg'd the Governor's pardon in writing
for the words spoken against him, and he having no instructions
in relation to the accusation against the said Jones, he had nothing
to object to his readmission into his places. It appeared further,
that the copy of the indictments and sentences against the said
Jones were read, and he heard thereunto; whereupon a representation was ordered to be prepared, proposing that Mr. Jones
be restored to the execution of his said places.
Upon which the counsell for the plaintiffs said, that by the
representation of the Board Mr. Jones was not acquitted, but his
suspension only taken off, in regard there was no proof here against
him; that as to Mr. Serjeant Bennet's having no objection to
Mr. Jones's returning to Bermuda, that was only in behalf of his
brother the Governor, upon Mr. Jones's promising to make his
submission, and ask his pardon; but that the complainants had
no satisfaction done them thereby, and for that reason it is they
desired to have the former matters laid before her Majesty. The
compromise made between Mr. Serjeant Bennet and Mr. Jones
was only conditional, that the said Jones should behave himself
better for the future, which he having neglected to do, they thought
it just and reasonable to lay the former complaints before her
Majesty; not that they insisted that he ought to repay the fines
remitted by her Majesty, in case he should be found guilty, but
that their lordships might judge whether a man convicted on
record for perjury, extortion, violence, oppression and maladministration in the execution of his offices, be fit to be employed
by her Majesty in places of such trust.
Whereupon both sides being ordered to withdraw, they were,
after their lordships had debated the matter, called in again, and
acquainted that, considering the compromise between Mr. Serjeant
Bennet and Mr. Jones, their lordships were of opinion that they
should at present proceed upon the charge exhibited against
Mr. Jones since his last going over to Bermuda, and if, upon the
hearing, it appear'd that Mr. Jones had broke the said compromise,
their lordships should be at liberty to hear the former charge, if
they found it proper and necessary. To which both sides
Then the counsel for the plaintiffs exhibited the charge against
Mr. Jones, which was read the 9th instant in the words following,
1st. "That Mr. Jones was no sooner returned to Bermuda,
but instead of behaving himself as he ought to do to the
government there, and as he had promised this honorable
Board (which as they humbly conceive, was the ground
of taking off his suspension, and remitting of his fines) he
with his wonted heat and passion, but with greater arrogance
and insolence (being puff'd up with the advantage he
conceived he had obtained over the government of those
islands by his being restor'd), insults and affronts the
Assembly, Councill, justices and government of these islands,
and abuses them with insolent and vile language."
In order to prove this article, and that Mr. Jones by his behaviour
had render'd himself obnoxious and disagreable to the generality
of the island, the counsel for the plaintiffs referr'd to the petition
of the General Assembly to this Board, which was read, and found
to be in substance much to the same purpose as their aforementioned
petition to her Majesty, praying that Mr. Jones may be removed
from his employments there (the said paper is marked H. No. 3).
They likewise referr'd to the last paragraph of the remonstrance
of the justices of a court of quarter sessions held the 18th July,
1706, to Colonel Bennet (mark'd H. 69), which paragraph is to the
same purpose as the forementioned petition; and in further proof
of that part of the first article relating to Mr. Jones's giving a
general disturbance by his haughty and violent behaviour, they
referr'd to the affidavit of Nathaniel Trout (marked H. No. 8),
which was read.
2ndly. "That he lays claim and insists upon being clerk and
register of all courts and jurisdictions in these islands, and
to be Recorder and Custos Rotulorum, and declares that the
records and all the courts there are his courts, and that
he has the sole management and government thereof, and
refuses the judges the sight of the records."
In proof of this article, they produced the affidavits of Robert
Bostock, George Darrell, William Tucker, Thomas Burton, Richard
Gilbert, Samuel Sherlock and Samuel Smith, which were read
(and are mark'd H. Nos. 68, 71, 72 and 75).
3rdly. "That he obstructs all the proceedings of the Assembly,
and all the courts and judicatures in these islands, so that
no justice could be had or done, since his last arrival."
In proof of this article, they referr'd to the foregoing affidavits,
as also to those of Stephen Painter, Lewis Joh[n] stone and Nathaniel
Trout (mark'd H. No. 8) and particularly to those of the foresaid
Bostock and Charles Minors, setting forth that by threats he had
so terrified them, that they durst not execute the places of clerks
of courts, to which they had been chosen by the said courts, by
means whereof the courts were adjourn'd and a stop put to publick
justice, which were read. (The said affidavits are mark'd H. 68
and 73.) They also produced the copy of an Act past in Bermuda
the 31st of August last, entituled An Act for the further regulating
the courts of judicature in these islands, which was read (and is
mark'd H. 58), setting forth that by reason of Mr. Jones's claiming
to be clerk of the courts, and denying the judges the perusal of the
records in his office, and threatning all such as should act
as clerks of the said courts by the judges' appointment; the said
courts were adjourn'd from time to time, and justice thereby
delay'd ever since Mr. Jones's last arrival; and by reason of the
death of some of the judges, and absence of others, the adjournments could not be further continued, the said courts and all the
death so some of the judges, and absence of others, the adjournments could not be further continued, the said couts and all the
proceedings and business depending therein must be construed
to be discontinued. They have therefore enacted that all actions,
suits, plaints &c. (pleas of the Crown excepted) issued out, entred
or filed, since Mr. Jones's last arrival, be adjudged wholly discontinued &c., as if the same had never been entred, issued or
field. The use the counsel made of this Act was to shew that
Mr. Jones by his behaviour had so far obstructed all the proceedings
of the courts, that, to prevent such ill consequences as might arise
thereby, they were forced to pass the foregoing Act.
4thly. "That he demands from the Lieutenant Governor
the seals of these islands, which the Governor by his patent
and instructions is to take care of and keep."
In proof of this, they referr'd to a paper, entituled Mr. Jones's
complaints and demands, with Colonel Bennet's answer thereunto,
which was read (and is mark'd G. No. 22), and to shew that
Mr. Jones had no colour for demanding the custody of the seal,
they referr'd to a clause in her Majesty's commission to
Colonel Bennett, directing him to keep and use the public seal
of those islands.
5thly. "That he demands of the Governor all the stores and
ammunition in these islands to be delivered to him, though
the Governor, by the 45th article of his instructions, is
required to keep and take care of, and answer the same."
As to this, they referr'd to the 45th article of Colonel Bennet's
instructions, directing him to take into his custody all the arms,
ammunition and stores of war &c.
6thly. "That he refuses to bring up a prisoner, when required
by the court of sessions, and to receive a prisoner committed
As to his refusing to bring up a prisoner when required by the
court, they referr'd to the aforesaid remonstrance of the justices of
7thly. "That he refuses to return juries to the assizes and
sessions when required."
In proof of this they produced the aforesaid remonstrance, as
also the forementioned affidavit of Stephen Painter, and of John
Dickenson, which were read; setting forth that a court of sessions
having required Mr. Jones to summon a grand jury adjourned for
two hours; and upon the return, Mr. Jones made answer that
he had not time to do it, though there were above forty persons
attending there, fit for such an inquest, and that upon Mr. Jones's
being acquainted therewith, he replied he did not like the persons.
8thly. "That he applies all fines and amerciaments received
by him to his own use, and refuses to give an account
In proof of this, they only produced the foresaid remonstrance
of the justices of assize, setting forth that, having demanded of
Mr. Jones an account of fines and amerciaments receiv'd by him,
relating to that court, he produced an account, wherein he pays
himself out of that money which he ought not to have done.
9thly. "That he sets open the prison doors, and permits the
prisoners to go at large, especially those who are committed
for disturbing the peace and quiet of the government of these
islands, and when sent to, and required to take care and
confine them, yet lets them out, to affront the Governor,
members of the Assembly, and justices, in their houses, and
as they pass by to hold the assemblies, assizes and sessions,
and suffers the prisoners to keep shops in the prison house,
and to lay them open to the streets, and to carry on their
trades and traffick in the prison house, without any restraint,
so that the goal is become an open shop, and every one that
pleases may go abroad when and where he will, and none
are confined, though in execution, whereby justice is at a
stand, and nobody will proceed in their causes, since it is
but a jest to send them to goal, where they are immediately
discharged, and come and affront them that prosecute them,
for so doing."
In proof of this article, they referr'd to the foresaid remonstrance,
and to the affidavits of Stephen Paynter, Lewis Johnstone and
Nathaniel Trout, which were read.
Upon the whole, the counsel took notice that Mr. Jones's refusing
to return juries, was a crime of an extraordinary nature, for thereby
it put an absolute stop to justice; for, till the pannel of jurors
was return'd, it was impossible for the courts to proceed to business.
That his refusing to bring a prisoner to the court, when required,
was also obstructing of justice, and assuming to himself an authority
above the court. That his claiming to be clerk of all the courts,
is also very extraordinary, for his patent gave him no such right;
but that if it had been his right, he ought not to have obstructed
justice by detaining the records, and even the commissions constituting those very courts, from the justices; but he might have
applyed, in case he had been aggrieved, to her Majesty for redress;
and they added that the former secretaries, who had exercised
the places of clerks of courts, were chosen by the said courts, or
by other constitutions, and not by virtue of their patents. Then
they rested it here, till the defendant should make his answer.
Then the counsel for the defendant said that the true reasons for
these new complaints against Mr. Jones were not fairly stated to
their lordships, and therefore they desired leave to open that
matter, before they proceeeded any further, as follows:
That upon Mr. Jones's arrival in Bermuda, he waited on the
Governor, and according to his promise here, desired to beg the
Governor's pardon for anything he had said against him, which
he did in a respectfull manner, after which all complaints were
hush'd, till Mr. Jones came to demand an account of the mean
profits arising by his places, from the persons executing the same
during his suspension, and particularly of Daniel Greatbeach, who
executed the place of provost marshal; and upon his filing a
declaration against the said Greatbeach for the same, all was again
in an uproar; the Council, Assembly, the courts and justices of
the peace, were all set against him; the reason whereof was, for
that the Governor himself had received the said mean profits, as
appears by Greatbeach's plea to the said declaration [M. fo. 83],
which was read, setting forth that he was not answerable to the
said Jones, having accounted to the Governor for the profits accruing
during his execution of the place of provost marshal.
That it is not to be wonder'd the foresaid persons should be
all so violently set against Mr. Jones, if it be consider'd that the
Council are the Governor's creatures, that the judges and justices
being appointed by him are dependent upon him, and therefore will
not fail of doing what he shall require; that the Assembly, by
the method of election, are also his creatures; the said method is
as follows: There are nine tribes, who send each of them four
representatives, the Governor directs his writ to a justice of the
peace in each tribe, the said justice summons the inhabitants to
meet, and he proposes to them the first person, who is generally
chosen, then that person proposes to the people the justice himself
to be chosen, and he by virtue of being the second man, proposes
the third, and the third the fourth, so that if these four be thus
approved by the people (as generally they are) and the justice to
whom the writ was directed in the Governor's interest (as no doubt
but he takes care of that), the whole Assembly is properly of his
nomination, and consequently in his interest; and therefore that
it was very reasonable to infer that the Councill, judges, justices
and assembly would be ready enough to comply with anything
the Governor should require of them; and therefore they hoped
that their lordships would not look upon the petitions or remonstrances from the said persons, as any evidence against Mr. Jones;
besides that being themselves parties to the charge against him,
nothing from them ought to be admitted as proof.
As to the proof offer'd by the counsel on the other side, to the
first article, they took notice that the chief part thereof consisted
in addresses from the Assembly, and remonstrances from the
justices, which for the reason above mentioned ought not to be
esteemed of any weight. And as to the affidavit of Nathaniel
Trout, they said it was in general terms, and very little to the
As to the second article, that Mr. Jones claims being clerk and
register of all the courts, the counsel did not perceive any crime
in demanding his right. Mr. Jones did in a decent manner apply
to the said courts to be admitted their clerk, which they refused.
That it was not Mr. Jones's fault, if all judicial proceedings were
stopp'd, but the fault of the judges, who might have chose another
clerk, and gone on with the publick business. But by their whole
proceeding, it appears that their aim is to have the disposal of all
the patent offices in themselves. That it is not necessary, nor
requisit, that the justices should have the records, for that
Mr. Jones being sworn to keep the same, he could not put them
out of his custody. That the place of clerk of the courts does
belong to him as secretary, all former secretaries having enjoyed
the same, and, their powers and rights being known, there was no
need it should be mentioned in his patent. That Mr. Fyfield, his
predecessor, by virtue of his patent (which allowed him the same
fees, profits, advantages &c., which the secretary, sheriff and
provost marshal of the late Bermuda Company ever had) executed
the place of clerk of the courts, and Mr. Jones's patent gives him
the same powers as Fyfield and all former secretaries had; and to
prove that former secretaries were clerks of the Council and of the
courts, they produced extracts out of the Council books and book
of records I. No. 12 of Commissions (which was proved to be true
extracts, by the affidavit of Thomas Nechills), by which it appear'd
that Henry Tucker, Cornelius White, Nicholas Trot, and Charles
Minors have acted in those places during the time that they were
secretaries, and particularly the said Minors, as clerk of the court of
chancery, whilst he was Mr. Jones's deputy, and they alledged that
Mr. Jones himself did execute those places for eighteen months,
without any opposition.
And in answer to what was offer'd by the other side, that Mr. Jones
when refused by the courts to be admitted their clerk, ought not
to have obstructed the proceedings of the court, but have made his
application to her Majesty for redress, they produced the affidavits
of Richard Castelman and Thomas Dunscomb, which were read;
setting forth that they heard Mr. Jones at an assizes in June, 1705
(upon the judges refusing to admit him as their clerk) desire the said
judges to appoint one themselves, rather than the publick business
should be stopp'd; and the said Dunscomb further declares in his
affidavit that in all his life he never knew any but the secretaries
or their deputies execute the places of clerks of the courts. But
the said Dunscomb attending at the same time, and being asked by
the other side, whether those secretaries that acted as clerks
of the courts, were not chosen by the judges, he said he did
In answer to the affidavits produced by the other side, in proof
of the third article, relating to Mr. Jones's obstructing the proceedings
of the courts &c., they referred to the aforementioned affidavits of
Castelman and Dunscomb; upon which they observ'd that
Mr. Jones was so far from obstructing the proceedings of the courts
by insisting on being their clerk; that he desired the judges to
choose another, upon their refusing to admit him as aforesaid.
As for the forementioned Act for the further regulating the
courts, they said that it could not be made use of to the advantage
of the plaintiffs; they being parties, their own Act could not be
brought in evidence for them. Besides, that the Act itself was
in reality calculated for a quite different purpose than what alledged
by the other side, for the discontinuing all actions &c. commenced
from the time of Mr. Jones's arrival, was only to prevent his
proceeding in the actions he had commenced against the persons
who had executed his places, for the mean profits during his suspension. And that this was really so, they said did plainly appear
from the Act itself, for though it discontinues all civil causes (which
were the only causes in which Mr. Jones was concern'd), it continues
all pleas of the Crown.
As to the fourth article, they admitted that Mr. Jones did
demand the custody of the seal, but took notice that it appear'd
from the paper produced on the other side, that he did it with all the
submission and respect imaginable. They further observ'd that
such his demand could not be imputed to him as a crime.
They took notice that the proof referr'd to in the fifth article,
relating to the Governor's being required to keep the publick stores,
was in reality none, for that was a clause in Colonel Bennet's
instructions from the late King, whereas in the instructions from
her Majesty there is no such clause, and therefore the Governor
had no colour to claim the keeping of the said stores. Besides,
the oath administred to Mr. Jones as provost marshal requires
him faithfully to keep and preserve the ammunition and stores, which
oath was produced and read; and prov'd to be a true copy by
the forementioned affidavit of Thomas Nechills.
The proof offer'd to the sixth article, relating to Mr. Jones's
refusing to bring up a prisoner when required by the court, they
said was only the remonstrance of the judges of the court, and for
the reasons abovementioned ought not to be admitted as evidence;
and they produced the foresaid Nechill, who declared that Mr. Jones
had only a verbal order, which was not authority sufficient for
him to do it; that there was indeed an order in writing to the
constable, but none to Mr. Jones; and that the prisoner was then,
when required to be brought, above seven miles off the court;
but the counsel took notice that no proof had been offer'd by
the other side of Mr. Jones's refusing to receive the prisoner committed for murther.
The proof offer'd to the seventh article, that Mr. Jones refused
to return juries when required, consisted in the foresaid remonstrance of the justices, which was of no weight; and as for the
affidavits of Stephen Paynter and John Dickenson, they observed
the matter of fact sworn by them might be true, and yet no crime
in Mr. Jones; but that the justices were to blame, for that they
met without any previous summons to Mr. Jones, and during their
sitting directed a venire to him, which could not be comply'd with
at that time, the several tribes out of which the jurors were to be
returned being at too great a distance. In proof of which they
referr'd to their foresaid affidavit of Thomas Nechills, and the
counsell added that Mr. Jones could not make a panel out of the
persons mentioned to be about the court, they being unqualify'd
for that trust.
As to the proof to the eighth article, it is only from the parties
themselves, being the remonstrance from the said justices, in
opposition to which the counsel produced the affidavit of the foresaid Nechills, setting forth that, before he left Bermuda, Mr. Jones
pass'd his accounts, as secretary and provost marshal, with the
Governor and Councill, and had paid the ballance thereof to George
Tucker, appointed by the Governor to be deputy in one of the
said Jones's places.
The proofs offer'd to the ninth article were of the same nature
as the former, the first part consisting of the foresaid remonstrance;
and as to the affidavits of Paynter, Johnson and Trout, they were
easily answer'd. First, as to Mr. Jones's setting open the prison
doors, they thought could not be objected to him as a crime, he
doing it only in compassion to the prisoners, that they might have
a little fresh air; besides, that it was never done without a guard
being kept at the door, and no prisoner ever made his escape, so
that this is but clamor and no real complaint. As to his letting
prisoners go at large, that was of the same nature, and only on
two occasions; the one was, one Woodward, who did not make
his escape, and was never seen abroad but once. The other was
Dr. Starr, the only physician in Bermuda, and who was permitted
by a verbal order from the Governor himself to come abroad to visit
one that was sick, and that he never was abroad upon other occasions.
And as to Mr. Jones's permitting prisoners to exercise their trades
in the prison, that was so far from being a cause of complaint against
him, that it was a great instance of his humanity, in permitting
them by working or otherwise to get a livelyhood during their confinement.
Then the counsel urged that the reason they had not offer'd
fuller proof in vindication of Mr. Jones, was because they were
not permitted to take affidavits in the island. That Mr. Jones
had made application to the Governor for copies of the complaints
against him, as appear'd by an attested copy of his petition to
the Governor of the 12th of August, 1706, but could not obtain the
same. That the 19th of September, 1706, he petitioned the
Governor that several persons might be examined upon interrogatories relating to the complaints against him, but could not
obtain the same; so that Mr. Jones was [as] much as possible
prevented in making his just defence.
However, as a further proof of Mr. Jones's innocence, they
produced the affidavits of the foresaid Dunscomb and of Robert
Barron, late minister in those islands, setting forth that the said
Jones had a fair character in Bermuda, and had never misbehaved
himself there, as they heard of, which affidavits were read.
Then the counsel for the plaintiffs, in their reply, took notice
that as to the being clerk of the courts, Mr. Jones had no right
thereto, it not being mentioned in his patent, except to the court
of chancery, which does consist of the Governor and Council, and
that the appointing of clerks does of common right belong to the
judges, in proof of which they referr'd to the Lord Coke's Second
Institutes fo. 425. And as for Mr. Minors's acting as Mr. Jones's
deputy, that if so, was to be objected to Mr. Jones, for that by
his patent he is particularly restrain'd from appointing deputies,
and therefore what he did therein was contrary to his patent.
That the instances they had produced of Tucker, White, Trot
and Minors acting as clerks whilst they were secretaries, was not
to any purpose, unless they had proved that they acted as clerks
in virtue of their being secretaries, for they might have been chosen
by the courts. And they produced an extract out of the book of
records of minutes and courts (which is mark'd G. 24), whereby
it appear'd that in 1692, John Kedgill was appointed clerk of the
assizes, Nicholas Trot being secretary. That in September, 1693,
Charles Minors was by the Council appointed clerk of all courts,
Nicholas Trot being secretary. That the said Minors was in October,
1693, appointed clerk of the Admiralty Court by the judges' commission. That in January, 169 ¾, the said Minors was appointed
clerk of the Exchequer Court, the said Trot being still secretary
(by the Barons' commission). That in June, 1695, the said Minors
being made Attorney General, Thomas Clark was sworn clerk of
the court of Exchequer, and the foresaid Kedgill in 1697, Minors
still being Attorny General, was sworn clerk of the court of
Admiralty. So that it is plain that though the secretaries may
have acted, when chosen as clerks of the courts, yet they have
no right thereto, but by the deputation of the said courts.
Upon which the counsel for Mr. Jones observed that all this was
at a time when there was no secretary by patent.
To which the counsel for the plaintiffs reply'd, that this objection
lyes against the instances they gave themselves, particularly in
the case of Nicholas Trot; and they added that all the proof that
was offer'd in justification of Mr. Jones's right to keep the stores,
was only his oath as provost marshal, which they look'd upon as
no proof at all, because that since the alteration of his late Majesty's
instructions to Colonel Bennet, whereby he was directed to keep
the publick stores, neither Mr. Jones nor any other person has been
appointed store keeper, and therefore Mr. Jones has no colour of
claiming the same of right.
They further took notice that the allegations the counsel for
Mr. Jones offer'd in vindication of him, upon the 9th article, were
not proved, and therefore not to be regarded.
That as to the allegation that Mr. Jones was not permitted to
take affidavits, that was not proved, and that the Governor refused
to examine some persons upon interrogatories, was not to be imputed
to him as a fault, Mr. Jones not having desir'd the same, as appears
by his petition, till two days before his departure; besides that
his desire was, that the Governor should oblige those persons thereunto, which he could not do.
Then they called upon Captain Richard Jennings, an inhabitant
of Bermuda, to inquire into the character of Mr. Jones, who said
that he had heard both good and bad of him, but that the generality,
especially the most considerable people, were against him. Then
the counsel rested it here, and only said that they would send in a
day or two to know their lordships' pleasure [fo. 261], in relation
to their further proceeding upon the first complaints exhibited
against Mr. Jones.
June 12. Present:—Earl of Stamford, Lord Dartmouth, Sir
Philip Meadows, Mr. Pulteney, Mr. Monckton.
Colonel Nicholson about Act concerning juries.
Colonel Nicholson attending, the clause in an Act past in
Virginia concerning juries [fo. 188] was communicated to him for
his opinion thereon, and Colonel Nicholson informing the Board
that the said law was according to former practice, their lordships
agreed to offer to her Majesty, in their report to be made upon the
whole collection of the Virginia laws, that she be pleased to approve
the said Act.
Patenting of lands under consideration.
Letter to be prepared to Colonel Hunter thereupon.
Agreed and signed.
Their lordships then took into consideration a paragraph in a
letter from the Board to the President and Councill of Virginia,
dated the 26th of March last, as also a clause in the instructions to
Colonel Hunter relating to the patenting of lands on the south side
of Blackwater Swamp and elsewhere (entred in Virginia C. fo. 162),
and finding that the foresaid paragraph did not sufficiently restrain
the granting of lands or signing patents, as directed by the said
instruction, their lordships gave directions for preparing a letter
to Colonel Hunter [fo. 264], now at Portsmouth, requiring him not
to grant any lands, or sign patents for the same, till her Majesty's
further pleasure be known therein, and that he do transmit to
this Board, with all convenient speed, after his arrival in his government, a perfect list of the patents already signed, and those ready
for signing, for the said lands, with the number of acres contained
in each grant, as also a copy of the form of the said grants, together
with an exact survey of the number of acres and a plat of all the
lands on the south side of Blackwater Swamp and Pamunkey Neck, which letter was prepared and signed accordingly.
Mr. Holden at the Board about stores and ammunition of war.
Mr. Holden attending [fo. 215, 258], and being asked what stores
and ammunition of war and provisions he was to carry over to the
Bahama Islands for the defence thereof, what tools for artificers
for repairing the forts and fortifications there, what quantity of
ammunition and small arms there were when he was on the island;
he said that the Lords Proprietors did not design to send any
stores of war thither, but that they had provided books and paper
and mathematical instruments for registring all things in the
several offices; that he had himself bought half a tunn of swan
shott and some powder, which he intended to distribute to the
inhabitants at his arrival; that he had also bought linnen
and other things for the use of the people; that there was
no need of tools for repairing the works, nor of small arms
or powder, the inhabitants being well furnished therewith when
he was there, and that he did not beleive they were so now,
and that three or four hundred pounds would be sufficient
for repairing the damages done to Providence by the Spaniards.
He was further asked if he knew the name of the ship on
which he was to go on board, as also the name of the commander
thereof, and what time the said ship would sail; he replied that
the captain's name was Gilbert, that the ship was a Bermudian
but he did not know her name, and he believed that she would
be ready to sail about a week hence for Bermuda, where he intended
to be put on shore, and from thence to pursue his way by land
to the Bahama Islands. Then the said Mr. Holden was desired to
attend the Board again at 12 of the clock to-morrow morning.
Letter from Mr. Graves relating to Mr. Holden.
A letter from Mr. John Graves of yesterday's date, setting forth
the reasons of Mr. Holden's soliciting for the government of the
Bahama Islands, was read [fo. 213, 256], and thereupon ordered
that Mr. Graves have notice to attend the Board at ten of the
clock to-morrow morning, and that he do inform himself of the
name of the ship of which Captain Gilbert is commander, and
when the said ship will sail from hence.
Mr. Lodwick's memorial under consideration.
The same with other papers relating to Bayard and Hutchins.
Sent to Mr. Attorny General.
Upon consideration of Mr. Lodwick's memorial [fo. 217], and the
recognizances entred into by Colonel Bayard and Alderman John
Hutchins of New York (mentioned in the minutes of the 10th instant),
together with the late Attorney General's report, dated the 14th of
March, 1705/6, in answer to a letter from the secretary of this Board
of the 14th of December, 1705 [K. fo. 135], for his opinion upon
a second Act past at New York declaring the illegality of the
proceedings against Colonel Bayard and Alderman John Hutchins
for pretended high treason, and for reversing and making null and
void the said judgment and proceedings thereon; ordered that the
representation of this Board, dated the 15th of December, 1704,
upon the first Act past at New York, relating to the said Bayard
and Hutchins, and the Order of Councill thereupon, dated the 18th of
the same month, as likewise the Acts themselves, and the late
Attorney General's report upon the second of the said Acts, with
the recognizances and certificates, be sent to Mr. Attorney General,
[fo. 355], for his opinion thereupon, and to know whether the said
recognizances do fully answer the intent of the aforesaid order.
Letter from Captain Gardner about recruits.
Copy to be sent to the Earl of Sunderland.
A letter from Captain Gardner [fo. 202], agent for the soldiers at
Jamaica, of yesterday's date, giving account of 56 recruits being
raised towards filling up Colonel Handasyd's regiment in the said
island [fo. 352], and of the great difficulties the officers have met
with in raising the same, for want of a larger allowance of levy
money; and that he had ordered the said recruits to Plymouth
to be embarked on board the packet boat, was read; and thereupon
ordered that a letter be prepared [fo. 261] for transmitting a copy
thereof to the Earl of Sunderland.
June 13. Present:—Earl of Stamford, Lord Dartmouth, Mr.
Pulteney, Mr. Monckton.
Mr. Graves about words spoken by Mr. Holden concerning his intentions as to the government of the Bahamas.
Mr. Graves attending, according to appointment [fo. 254, 292],
his letter of the 11th instant was again read, and being asked as to
the truth of the matters therein contained, he said that
Captain Richard Jennings did hear Mr. Robert Holden say after
he came out from the Lords Proprietors, that he would not attempt
the resettling or fortifying of Providence during the war, or invite
the people scatter'd among the islands to return thither till a
peace was concluded. And that what he proposed to himself by
obtaining a commission was that he should thereby be the better
enabled to pursue the fishing for wrecks and whales, pursuant to a
patent granted him by the said Lords Proprietors, without which
commission the wrecks would be of little value to him. Mr. Graves
being then asked if he was willing these informations might be
made use of as occasion might require, he replyed that he readily
consented thereto, he having no further knowledge of Mr. Holden
than what he had from Captain Jennings.
At the same time he presented to the Board a letter of yesterday's
date signifying that the said Holden designed to go to Bermuda in
the sloop Hopewell, Captain John Gilbert, commander, now at
Rederiff, and that she would sail from thence the beginning of the
next month, which was read; and he added that the commander of
the said sloop had declared that as yet he had received no
ammunition or provisions on board, nor did not know of any he
was to receive.
Mr. Holden at the Board about his government.
Mr. Holden also attending according to appointment [fo. 253,
262], and being again asked what he designed to do in relation to
the repairing and fortifying Providence, he said that he had no
intention, whilst the war lasted, to undertake the same, but if he
were to fortify any place, it should rather be Elutheria, that having
a good harbour, and might be made the best place of defence in
the Bahama Islands; that ships of 150 tuns might come in there,
and lay safe under the guns, as he should mount them; that
Providence was not comparable to it, being only a road lying open
and exposed, having no natural fortifications to secure it, as the
other had. He added that he had an intention upon his arrival
in those parts to call an Assembly, and propose methods to them
for their safety, and the protection of all shipping that should
come to those islands. Then being asked if he had anything further
to offer, he said no, whereupon he was acquainted that their lordships would lay the state of the whole matter before her Majesty
with all convenient speed.
Captain Jennings about state of Providence, &c.
Their lordships understanding that Captain Richard Jennings
was without, he was called in, and being desired to give the Board
an account in what state the fort at Providence was and whether
the harbour was good for shipping, he said that as to Providence
it was at present wholly defenceless, having been ruined by the
Spaniards. That as to the harbour, it was large and capacious enough
to receive ships of 400 tun, but that ships of burthen generally lay
out in the road. Being then asked if he knew what things Mr. Holden
was buying to carry over with him thither, and whether he knew
of any intention the said Holden had of repairing and fortifying
that place, he answered that he knew only of his having bought
half a tun of swan and other shot, and some powder, but whether
to be distributed by the said Holden or sold to the inhabitants there,
he did not know. That as to the resettling and fortifying Providence
he had heard the said Holden declare that he would not attempt
the doing it whilst the war lasted, unless he found the people inclined
thereto, they being not to be forced to any thing of that kind;
and that his chief business was to make use of his patent.
Captain Jennings added that at the request of the Lords Proprietors
he had drawn up and presented a memorial to them of what was
necessary to be sent over for the resettling and defending those
islands, and being asked for a copy of the said memorial [fo. 261],
he promised to bring the same to this Board on Monday next.
Captain Jennings' proposals relating to the security of the Spanish trade read.
He then presented to their lordship copies of two proposals
for securing the trade in the Spanish West Indies [fo. 278], and
taking the Spanish Plate fleet and other vessells as they trade from
port to port and to the Havana, and as they return from thence
home to Spain, which were read.
Representation about Sandford and Dorn.
Letter to the Earl of Sunderland.
A representation upon the petition of Mr. Sandford and Mr. Dorn
[fo. 190, 322] to her Majesty, complaining of the proceedings of
Mr. Cox, chief judge of a court of oyer and terminer held in
Barbadoes the 10th of December last, together with a letter to the
Earl of Sunderland inclosing the same, were signed.
Draught of a letter to the Earl of Sunderland.
Difficulty of raising recruits.
The draught of a letter to the Earl of Sunderland, as directed at
the last meeting [fo. 256], inclosing the copy of a letter from
Captain Gardner relating to the number of recruits raised for Colonel
Handasyd's regiment in Jamaica, and the difficulties the officers
meet with here in raising the same for want of a larger allowance
of levy money, was agreed and signed.
Letter to be prepared to the Earl of Sunderland. about Jones's hearing.
Ordered that the draught of a letter be prepared to the Earl of
Sunderland stating the case [fo. 251, 262], and desiring to receive
her Majesty's pleasure whether their lordships are to hear the
former complaints against Mr. Jones, or only those since his last
June 16. Present:—Earl of Stamford, Lord Dartmouth, Sir
Philip Meadows, Mr. Pulteney.
Memoriall from Mr. Jennings about fortifying Providence.
Captain Richard Jennings attending, presented to the Board a
memorial [fo. 260, 331], relating to the resettling and fortifying
Providence and other places in the Bahama Islands, which was
read; and being asked several questions therepon, he said the
fort at Providence (destroyed by the Spaniards four years agoe)
might be easily rebuilt, but that it would be of no use if a fort
was not erected at the west end of Hogg Island. He further added
that Mr. Holden had told him that at his arrival in those parts,
he would use his best endeavours to draw the people to one place,
and that when he had so done, he would perswade them if he could
to settle and fortify there, but that he the said Jenning did not
beleive it could be done, by reason the people there were very
licentious, and have had for a long time no settled form of government amongst them.
Draught of a representation about Mr. Holden's being Governor.
The draught of a representation relating to Mr. Robert Holden
[fo. 258, 264], nominated by the Lords Proprietors of the Bahama
Islands to be Governor of the said islands, was agreed and ordered
to be transcribed.
Letter to the Earl of Sunderland.
about former complaints against Jones.
A letter to the Earl of Sunderland [fo. 261, 263, 323], desiring
to know her Majesty's pleasure whether this Board shal hear the
former complaints against Mr. Jones, secretary and provost marshal
of Bermuda, or only those since the said Jones's last arrival in that
island (as directed at the last meeting), was signed.
Mr. Nodin about former complaints against Jones.
Mr. Nodin attending, and desiring to know when their lordships
would be pleased to hear the former complaints exhibited against
Mr. Jones from Bermuda, he was acquainted that their lordships
had writ to the Earl of Sunderland to know her Majesty's pleasure
therein [fo. 262].
June 17. Present:—Earl of Stamford, Lord Dartmouth, Sir
Philip Meadows, Mr. Pulteney.
Mr. Linton at the Board with letters about tobacco trade.
Mr. John Linton attending, presented to the Board a letter of
yesterday's date [fo. 209, 287], inclosing extracts of several letters
to himself and others from their correspondents abroad, relating
to the increase and improvement of tobacco in Holland and
Germany; he also presented to their lordships a memorial setting
forth how much the revenue suffers by the use of foreign tobacco
on Board the Royal Navy, and proposing a remedy thereof, which
letters and memorials were read; whereupon being asked several
questions he said that one great discouragement to the consumption
of our own tobacco on board the Navy, was the not allowing the
drawback on such tobacco, for want of which the pursers furnish
themselves with foreign tobacco at half the price they can buy
ours for. He added that the only way to regain the tobacco trade,
now lost, would be to allow the drawback on stalks manufactured
here, which they could mix with other tobacco, and thereby be
enabled to sell the same at Riga, Revell &c., as cheap as the Dutch,
otherwise the Dutch will always beat them out of those northern
Representation relating to Mr. Holden.
A representation relating to Mr. Holden's being Governor of
the Bahama Islands [fo. 262; M. fo. 106, 256], as agreed at the last
meeting, together with a letter to Mr. Secretary Harley, inclosing
the same, were signed.
Letter from Colonel Hunter.
A letter from Colonel Hunter of yesterday's date from Portsmouth [fo. 252], acknowledging the receipt of one writ him
the 12th instant, relating to the granting and patenting of land
on the south side of Blackwater Swamp and Pamunkey Neck, in
Virginia, was read.
Order of Councill for three new counsellors.
Copy of an Order of Councill of the 20th of the last month [fo. 150],
upon a representation of the 9th ditto, proposing Thomas Belman,
Lawrence Brodbelt and James Milliken, esquires, to be members
of her Majesty's Councill of Nevis, approving the said representation,
Order of Council for a new counsellor.
Copy of an Order of Councill of the 20th of the last month, upon
a representation of the 9th ditto, proposing Peter Sonmans, esquire,
to be a member of her Majesty's Council of New Jersey, approving
the same, was read.
Order of Councill for a new counsellor.
A copy of an Order of Council of the 5th instant, upon a representation of the 7th of the last month, proposing Samuel Beresford,
rector of St. Michael's parish in Barbadoes [fo. 147; M. fo. 14],
to be a member of her Majesty's Councill in the said island, approving
the same, was read.
June 18. Present:—Earl of Stamford, Sir Philip Meadows,
Memorial from Mr. Crabb about naval strength of the French at Martinico, &c. Letter to Mr. Cox thereupon.
A memorial from Mr. Lawrence Crabb [fo. 268] was presented by
Mr. Cox, relating to the naval strength of the French at Martinico,
and to the prejudice thereof to the Leeward Islands and our trade
in those parts, proposing how the same may be remedied, was
read. Whereupon ordered that a letter be writ to Mr. Cox to
desire him to acquaint the said Mr. Crabb that the Board desire to
speak with him on Tuesday morning next.
Acts under consideration.
Then their lordships took into consideration such of the Acts
past in Bermuda in 1690, 1691, 1693 and 1694 [fo. 267], as have
not yet been laid before her Majesty, and read eight of the said
June 19. Present:—Earl of Stamford, Lord Herbert of Cherbury,
Sir Philip Meadows, Mr. Pulteney.
Sir Henry Ashurst about trial of Vetch and Rouse.
The secretary acquainted the Board that Sir Henry Ashurst
had desired that a copy of the tryal of Vetch, Rouse &c., which
he had received from New England, might be compared with that
in this office, and attested as a true copy thereof, and further that
he might have an extract of one of Colonel Dudley's letters which
had formerly been given him, relating to Connecticut's refusing
to give assistance to the Massachusets Bay. Whereupon ordered
that the said tryal be examined and attested, and that he have
an extract of the said letter, if he can tell the date thereof.
Acts under consideration.
Then their lordships proceeded in the consideration of the
Bermuda Acts, and read Mr. Solicitor General's reports [fo. 266,
v. infra] upon those past in 1698 and 1701, together with the Acts
themselves. They also read the Acts past in February, 170 ¾,
in May and —, 1704, and agreed to go on with the remainder of
the said Acts to-morrow morning.
The Governors to send their opinion on all Acts.
Ordered that, in the next letters to the Governors, they be directed
to give the Board their opinion upon each particular Act they
shall for the future transmit over.
June 20. Present:—Earl of Stamford, Lord Herbert of Cherbury,
Sir Philip Meadows, Mr. Pulteney.
Their lordships proceeded into the consideration of the Bermuda
laws [v. supra, 280], and went through with those past in 1704,
and gave direction for preparing a representation thereupon.
Acts under consideration.
Their lordships took into consideration the New York laws
[fo. 277], and read those past in July and October, 1700, and resolved
to proceed further therein at their next meeting.
June 24. Present:—Earl of Stamford, Lord Herbert of Cherbury,
Sir Philip Meadows, Mr. Pulteney.
Memorial from Mr. Crabb about number of privateers at Martinico, and proposing a remedy.
Mr. Jennings summoned.
Mr. Lawrence Crabb attending according to appointment, his
memorial presented to the Board by Mr. Charles Cox the 18th
instant [fo. 265, 288], setting forth that the great number of privateers
the French have at Martinico is destructive to the Leeward Islands
and our trade in those parts, and proposing a remedy thereof,
was again read; and Mr. Crabb being asked how many men of war
he thought would be sufficient for the security of the said islands
and the trade thereof, he said that, if two fourth rates and two
fifth rates were sent thither, he did not doubt but that they might
in conjunction with the men of war attending on Barbadoes,
together with such privateers as the inhabitants would be encouraged
to fit out upon the arrival of this additional strength, be able to
suppress the growing number of the French privateers at Martinico,
scour the seas in the West Indies, and protect those islands from
any further attempts and insults of the said privateers. Mr. Crabb
being withdrawn, ordered that Captain Jennings [fo. 278] have
notice to attend the Board to-morrow morning.
Letters, &c. from the late Earl of Bellomont relating to grants under consideration.
Their lordships then took into consideration the several letters,
memorialls and papers transmitted hither from the late Earl of
Bellomont, when Governour of New York, relating to the exorbitant
grants made by Colonel Fletcher, his predecessor, to several persons
in that province; as also the representations of this Board to
his late Majesty King William thereupon, together with whatever
else is lodged in this office touching the said grants, and went
through the same. A list of the said papers are as follows, viz.:—
Clause of a letter from the Earl of Bellomont, dated the 1st July,
1698.—New York. A. fo. 420.
The Attorney General of New York's memorial to the Earl of
Bellomont about the method of granting land.—Bundle C.
Copy of grants of large tracts of land by Colonel Fletcher.—
Ibid. No. 53.
Copy of Colonel Fletcher's grant of the King's garden at New
York to Mr. Heathcote, and of the King's farm to the English
Church.—Ibid. No. 54.
Clause of a postscript of a letter from the Earl of Bellomont,
dated 7th July, 1698.—New York. A. fo. 434.
Copy of Colonel Fletcher's grant of 50 miles of the Mohaques
land to Mr. Pinhorn and others, dated 30th July, 1697.—
Bundle C. No. 73.
Petition of the Recorder, Aldermen &c. of Albany to the
Earl of Bellomont against Colonel Fletcher's grant of the
Mohegan lands &c.—New York. Bundle C. No. 74.
Copy of Colonel Schuyler's resignation of his share of the
Mohaques land, granted to him by Colonel Fletcher, dated
the 19th April, 1698.—Ibid. 75.
Copy of Derrick Wessell's resignation of his share of the
Mohaques land, granted to him by Colonel Fletcher, dated
the 17th of April, 1698.—New York. Ibid. 76.
Deposition of two Christian Mohaques, relating to
Colonel Fletcher's grant of 50 miles of their land, that they
did not sell or otherways alienate the same, dated the
31st May, 1690.—Ibid. 77.
The Earl of Bellomont's report about Colonel Fletcher's grant
of 50 miles of the Mohaques land to Mr. Dellius, &c.—
New York. A. fo. 474.
Representation to their Excellencies the Lords Justices, relating
to the general state of New York, with an account of the
extravagant grants of land made by Colonel Fletcher, without
a reservation of competent quit rents to his Majesty, or any
obligation on the grantees to sell them, and the ill consequences of such grants.—B. fo. 18.
Order of Councill to prepare a letter to be signed by the Lords
Justices, and sent to the Earl of Bellomont for vacating
the grants.—New York. B. fo. 43.
Representation with the draught of a letter for the Lords
Justices' signature, directing the Earl of Bellomont to put
in practice all methods allowed by law for the vacating
such exorbitant grants.—Ibid. fo. 47, 48 and 50.
The said letter.—Ibid. fo. 50.
Certificate from the Surveyor General of New York of the
grants of land made by Colonel Fletcher, together with a
mapp of the province and further reflections on the same.—
Ibid. fo. 275.
Order of Councill of the 16th of the last month, upon the foregoing representation.—Ibid. fo. 292.
The Act passed at New York for vacating some of the
extravagant grants has enraged the grantees against the Earl
of Bellomont, but he will not be discouraged from endeavouring to vacate the rest in the next Assembly.—Ibid. fo. 311.
A letter from Mr. Yard, by order of the Lords Justices, for an
account of the lease of the farm to the Church.—B. fo. 338.
The angry party at New York design to raise a storm against
the Earl of Bellomont for vacating that lease.—Ibid. fo. 350.
In order to furnish naval stores, the Earl of Bellomont represents the necessity of vacating the extravagant grants, which
comprehend fully three-quarters of the government, and are
given to disaffected persons.—Ibid. fo. 367.
The Councill of New York were equally divided about the
Bill for vacating the grants, so that the Earl of Bellomont
was obliged to give his casting vote; his reasons why the
regulations ordered by the Lords Justices were not then
inserted.—Ibid. fo. 384.
Account of the Earl of Bellomont's endeavours to vacate some
of the grants by Act of Assembly.—B. fo. 395.
The Act for vacating the grants has made the Earl of Bellomont
enemy's, and Dellius is gone to England to hinder the confirmation of it.—Ibid. fo. 446.
He shall want the King's peremptory orders to vacate the
rest, and desires the Act now sent may not be confirmed,
if the rest are not to be broke, of which he sends an account.—
Ibid. fo. 452.
He proposes the other grants to be vacated by Act of Parliament
in England, and two shillings sixpence quit rent to
be reserved on every hundred acres granted away for the
future, with farther regulations.—C. fo. 14.
In a letter to the Earl of Bellomont, the Board command (sic)
his lordship's zeal in vacating the grants, and desire him
to pursue it in the next Assembly.—Ibid. fo. 150.
Letter from the Earl of Jersey, referring to the Board the
consideration of the Bishop of London's letter about continuing the Church lease at New York.—C. fo. 196.
Mr. Montague's petition against the Act for vacating grants.—
Bundle M. No. 2.
Mr. Solicitor General's report on the Act passed at New York
for vacating the grants.—C.fo. 289.
Mr. Montague's memorial against confirming the said Act.—
Ibid. fo. 348.
In the representation about naval stores, the Board report
the Earl of Bellomont's reasons and proposals for vacating
the extravagant grants, and regulating the conditions of all
future grants, and of lands to be allowed in proportion
to the former grantees.—Ibid. fo. 416.
But they forbear giving their opinion till they have received
Mr. Champante's answer to the objections brought against
that Act.—Ibid. fo. 430.
Mr. Champante's answer to the objections made by
Mr. Montague.—Bundle Y. No. 65.
Mr. Champante's objections to Mr. Solicitor General's report
(entred New York, C. fo. 289), relating to an Act past at
New York in 1699, for vacating several grants of land &c.—
Ibid. No. 66.
Allegations which ought to have been inserted in Mr. Solicitor
General's report (entred New York, C. fo. 289) upon the
Act past at New York in 1699 for vacating several grants of
land &c.—Bundle Y. No. 67.
The Earl of Bellomont cannot begin the experiment for
producing naval stores, till the Act for vacating the grants
be approved; the King has not one acre of land nor one tree in
the province.—D. fo. 19.
Letter from the Earl of Bellomont, dated the 24th of November,
1700.—D. fo. 148, 151, 167, 168.
Letter from the Earl of Bellomont, dated the 2nd January,
170 0/1 —D. fo. 221.
Letter from the Earl of Bellomont, dated the 16th January,
170 0/1.—Ibid. fo. 441.
Letter from the Lord Cornbury of the 30th June last, in answer
to one writ him the 26th January, 170 2/3, relating to some
Acts past by the Earl of Bellomont and Captain Nanfan
with his observations thereupon.—F. fo. 187, 191.
Then their lordships agreed to take the Acts passed in the General
Assembly's of New York [fo. 268, 279], which have not yet been
reported upon into consideration to-morrow morning.
Ordered that the merchants trading to Virginia and Maryland
[fo. 282] have notice to attend the Board on Fryday morning next.
June 25. Present:—Earl of Stamford, Lord Herbert of Cherbury,
Captain Jennings asked if he had delivered his memorial about Spanish trade to the Admiralty.
He is further asked how many men of war will be necessary to protect the Leeward Islands.
Captain Richard Jennings attending [fo. 260, 280], and being
asked if he had presented his memorial to his royal Highness's
Councill, of which he gave in a copy to this Board the 13th instant,
he said that he had not yet done it, but intended to present the same
to-morrow morning. And being further asked how many men of war
he thought would be necessary for protecting the Leeward Islands
and our trade in those parts [fo. 269, 282], he replied that tho fourth
and two fifth rate ships of war would be sufficient with what small
craft could be fitted out in the West Indies for that service in like
manner as had been proposed by Mr. Crabb in his memorial, which
was read yesterday.
Draughts of letters to the Governors.
The draughts of letters to the Governours of Jamaica, Barbadoes,
Leeward Islands and Bermuda [fo. 279], were agreed and ordered to
Act about vacating grants under consideration, as also an Act for repealing several Acts.
Their lordships then took into consideration an Act past by
the Earl of Bellomont at New York in March, 169 8/9 entituled An
Act for the vacating, breaking and annulling several extravagant grants
of land made by Colonel Fletcher, the late Governour of this province
under his Majesty [fo. 295]; as also another Act past there by the
Lord Cornbury in November, 1702, entituled An Act for the repealing
several Acts of Assembly, and declaring other ordinances publish'd,
as Acts of Assembly to be void [fo. 277, 290], and went through the
same and gave directions for preparing a representation thereupon.
June 26. Present:—Earl of Stamford, Lord Dartmouth, Lord
Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney.
Letters to the Governors.
The letters to the Governors of Jamaica, Barbadoes, the Leeward
Islands and Bermuda [fo. 278], agreed at the last meeting, were
Draught of representation on Acts.
A representation upon several Acts passed at Bermuda [fo. 267,
284], between the year 1690 and the year 1704, was agreed and
ordered to be transcribed.
Captain Jennings about his memorial to the Admiralty touching Spanish trade.
Captain Jennings attending [fo. 278, 285], acquainted their lordships that he had presented his proposals to his Royal Highness
the Lord High Admiral's Councill; as to the first part of the said
proposal, relating to the intercepting the galleons, he said they
thought it impracticable for the following reasons, viz.:—
Admiralty's reasons against his proposal.
That if our ships of war lay in any of the ports or bays in
Cuba the galleons would not stir out of the Havana; that,
if our ships lay amongst the Bahama Islands, there was
no port or harbour to secure them from the north-west
winds, so that in case those winds should blow they would
infallibly be lost upon the shoals, and that if we should lie
behind the Bahama Island near the streights of Florida, our
ships would by the current and southerly winds be drove
so far to the northwards, that the galleons might easily pass
through the streights without being perceived.
Unto which Captain Jennings said he had replied that if the
galleons did not stir out of the Havana whilst our ships lay at
Cuba, we should, however, gain our point in preventing the mony
being carried to France; that 'tis true the north-west winds
(which are, however, very rare) would be dangerous to our ships
lying amongst the Bahamas; but however that was no part of his
proposal; that as to our ships being drove from behind the
Bahamas to the northward by the southerly winds, that difficulty
would easily be obviated; for the streight of Florida is not above
50 leagues over, and our ships lying at a convenient distance from
one another at the mouth thereof, though they should be blown
a little to the northwards, yet by having two or three sloops plying
in the streights they might have notice of the galleons coming, and
so prepare themselves to follow them in their course to Europe,
and the galleons being bad sailors they may easily be overtaken.
Then, being desired, he promised to put the foresaid objections
with his answers thereunto in writing.
The Admiralty referr him to this Board about Martinico privateers.
As to his proposal for destroying the French privateers at
Martinique [fo. 278], he said that the Prince's Council advised him
to make his applications to this Board.
June 27. Present:—Earl of Stamford, Lord Dartmouth, Lord
Herbert of Cherbury, Mr. Pulteney.
Merchants at the Board. Draught of representation relating to the tobacco trade communicated to them.
The Virginia merchants attending according to appointment
[fo. 277], the draught of a representation relating to the discouragement they met with in the tobacco trade in this kingdom, in regard
to foreign exports to Muscovy, Sweden, Denmark, France &c., was
communicated to them [fo. 288], with which they were well satisfied
and had nothing to add to it, and thanked their lordships for their
Their memorial relating to a convoy for a fleet of transports.
Letter to Mr. Baily to explain his memorial.
Then Mr. Arthur Baily and the rest presented to the Board a
memorial relating to a convoy for a fleet of transports and other
ships bound for Lisbon and from thence to Virginia, which was
read, and upon consideration thereof when the gentlemen were
gone, their lordships having a difficulty on that part of the said
memorial which relates to the 10 or 15 sail of ships that are to be
at Portsmouth the 2nd of August next; ordered that a letter be
writ to Mr. Baily to explain that part of the said memorial [fo. 284],
for that it does not appear whether the said ships are to go to Lisbon
with or without convoy.
Mr. Linton summon'd.
Ordered that Mr. Linton have notice to attend the Board on
Tuesday morning next [fo. 287].
A second memorial from Mr. Crabb about men of war to be sent.
And notice thereof to be sent to Colonel Park.
The said memorial to be considered.
A memorial from Mr. Lawrence Crabb [fo. 268], setting forth that
if it shall be found requisite to send two fourth and two fifth rate
men-of-war to the Leeward Islands for protecting the said Islands,
and scouring the seas in those parts so much infested by the French
privateers from Martinico, as proposed by his memorial read the
24th instant, that then letters may be sent to Colonel Park to inform
him thereof, to the end that government may have time to prepare
and fit out privateers to be ready to join the said men of war at
their arrival, and forthwith to go with them in quest of the said
French privateers, was read; and thereupon their lordships agreed
to take the said memorial into consideration at the same time
with the report [fo. 296] to be made upon the above-mentioned
proposal of the said Crabb as also upon that of Captain Jennings.
Representation on Acts.
A representation as agreed at the last meeting [fo. 280; M. fo. 69]
upon several Acts past in Bermuda between the years 1690 and
1700, together with a letter to the Earl of Sunderland inclosing
the same, were signed.
June 30. Present:—Earl of Stamford, Lord Dartmouth, Lord
Herbert of Cherbury, Sir Philip Meadows, Mr. Pulteney.
Letter from Mr. Baily explaining his letter about convoy.
A letter from Mr. Arthur Baily [fo. 283], in answer to one writ
him the 27th instant, signifying that the transport ships bound
from Portsmouth to Lisbon are to have a convoy thither, but
no further, and praying that a convoy may be ready at their arrival
there, to proceed with the said ships from thence to Virginia, was
read; and thereupon ordered that he be acquainted that, that
matter immediately concerning the Admiralty, he ought to make
application for the said convoy to his Royal Highness the Lord High
Letter from Mr. Crispe about books belonging to the Council of Trade to be disposed of.
A letter from Mr. Crispe of this day's date to the secretary, giving
an account that there are several originial books and papers relating
to the royal fishery, as also books and minutes of the Council of
Trade from the year 1660 to 1668 to be disposed of upon a consideration given to the party who shal produce the same, was
read, and directions given for writing an answer thereunto, desiring
to know particularly what those books are, and how and where
they may be seen, that some one from their lordships may inspect
the same, in order to a valuation thereof.
Memorial from Mr. Jennings about taking Spanish galleons.
With Sir David Mitchel's objections thereunto, and Captain Jenning's answer, &c. Colonel Jory summoned.
A memorial from Captain Jennings containing proposals to his
Royal Highness the Lord High Admiral's Councill, for intercepting
and taking the Spanish galleons [fo. 280] as they return from the
Havana to Spain (being the same with those delivered to this Board
the 13th instant), together with Sir David Mitchell's objections
thereunto and Captain Jenning's answer to the said objections,
were read; and thereupon ordered that Colonel Jory [fo. 298]
have notice to attend the Board, with any other merchants and
masters of ships trading to the Leeward Islands, on Thursday morning
Memorial from Mr. Wilcox against an Act relating to qualifications of magistrates.
Mr. Penn summoned.
Mr. George Wilcox presented to the Board a memorial against
an Act passed in Pennsylvania, entituled An Act fo directing the
qualifications of all magistrates and officers [fo. 26, 293, 335], as
also the manner of giving evidence, praying their lordships to take
the same into their consideration, which was read, whereupon
he was acquainted that there was no exemplification of the said Act
under the seal of that province in this office; and he being withdrawn, their lordships ordered that Mr. Penn have notice to attend
the Board on Wednesday morning next. Then their lordships read
the several papers in this office relating to the said Act, which
papers are marked Pennsylvania, Bundle o, No. 66, 67, 68, 77,
78, 81, 82 and 84.