Journal, July 1706: Journal Book K

Journal, July 1706

July 1. Present:—Lord Dartmouth, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

St. Christophers.

Letter from Lieut.-Gov. about descent of the French.

Strength of the Island.

Stores.

A letter from Colonel Hamilton, Lieutenant Governor of St. Christopher's, of ye 20th of Aprill last, relating to the descent of the French on the Island of Nevis, together with an account of the present strength of St. Christopher's and of the stores now there, were read; whereupon ordered [fo. 348] that copies of the said letter and account of stores be sent to Mr. Secretary Hedges to be laid before her Majesty.

Barbados.

Letter from the Governor with copy of one to him from Lieut.-Gov. of Antego about French invasion.

A letter from Sir Beville Granville, Governor of Barbados, dated the 7th of Aprill last, inclosing a copy of a letter from Colonel Yeamans, Lieutenant Governor of Antigua, containing an account of the French invasion of the Leeward Islands, was read; and their lordships thereupon ordered [fo. 348] that copies thereof be likewise sent to Mr. Secretary Hedges for his information.

Maryland.

Letter from Col. Seymour.

Extracts thereof to be sent to Mr. Secretary Hedges, and to the Commissioners for Prizes.

A letter from Colonel Seymour, Governor of Maryland (without date), was read [Answer, L. fo. 98]; whereupon ordered that paragraph H, relating to powder and arms, be sent to the Board of Ordnance for their information [fo. 349], and that paragraph K, relating to the uncertainty of convoys sailing from those parts, together with paragraph L, desiring a small vessell to attend that government [fo. 349], be sent to Mr. Secretary Hedges. And their lordships further ordered that paragraph O of the aforesaid letter, with the proceedings of the Court of Admiralty there relating to the prize Ortolant, taken and condemned in that province, be sent to the Commissioners of Prizes.

Letter from Mr. Secretary Hedges, with extract of a letter from Col. Seymour about Irish Papists sent to Mr. Sollicitor Generall.

A letter from Mr. Secretary Hedges of the 28th instant, inclosing an extract of a letter (fn. 1) from Colonel Seymour to himself, relating to the great number of Irish Papists imported into Maryland, and to the incouragement given them to settle in that province &c., was read; and thereupon ordered that a copy of the said extract (being the same as paragraph M in Colonel Seymour's letter to the Board) be sent to Mr. Sollicitor General [fo. 374], and that he be desired to consider the same, together with the Act to prevent the growth of Popery in Maryland (already in his hands), and to give their lordships his opinion thereupon, and to send the same with the said Act.

Plantations Generall.

Order of Councill on Butler's petition relating to consumption of woollen manufacture.

An Order of Councill of the 10th of the last month [fo. 340], on the petition of Richard Butler and others upon their proposal for an annual consumption of the English woollen manufactures in the Plantations, was read; whereupon ordered [fo. 350] that Mr. Butler be desired to attend the Board on Wednesday morning next.

July 2. Present:—Lord Dartmouth, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Jamaica.

Barbados.

St. Christophers.

Letter to Mr. Secretary Hedges with letters from the Governors.

A letter to Mr. Secretary Hedges, inclosing the letters lately received from the Governors of Jamaica, Barbados, and the Lieutenant Governor of St. Christopher's [fo. 345, 346, 347], relating to the spoils which the French have made in the Leeward Islands, as directed in yesterday's minutes, was signed.

Maryland.

Letter to Mr. Secretary Hedges about convoys.

A letter to Mr. Secretary Hedges, inclosing paragraphs K and L of Colonel Seymour's letter relating to convoys and a small ship of war for Maryland [fo. 347], as directed in yesterday's minutes, was also signed.

Letter to the Board of Ordnance about stores of war.

A letter to the Board of Ordnance, inclosing paragraph H of Colonel Seymour's foresaid letter [fo. 347] relating to stores of war, was signed.

Barbados.

Letter from Sir John Stanley about Lillington and Chilton.

A letter from Sir John Stanley, inclosing an extract of a letter from Sir Beville Granville, promising to send over in his next the papers relating to Colonel Lillington and Mr. Chilton, was read.

Bermuda.

Two letters from Col. Bennet.

Four counsellors dead.

New ones proposed.

Represenation to be prepared threon.

Two letters from Colonel Bennet, Lieutenant Governor of Bermuda, dated the 31st of October, 1705, and 11th of March last, together with the proceedings against Dr. Star at a Quarter Sessions held there the 13th of July, 1704, were read; and Colonel Bennet having in the last of the said letters given an account of the death of four of the present Councill of that island, and proposed that Captain Thomas Brooks, Captain Thomas Jenner and Colonel John Trimmingham be constituted by her Majesty of the said Councill; their lordships gave directions for preparing a representation to her Majesty accordingly [vide infra].

Jamaica.

Order of Councill about lessening the duty on bottled beer, &c., imported at Jamaica.

An Order of Councill of the 26th of the last month upon a petition of the merchants and other traders of the city of Bristoll, praying that the duty on bottled beer, ale and cyder imported into Jamaica from England may be lowered, was read; and directions given for preparing a representation thereupon [vide infra].

July 4. Present:—Lord Dartmouth, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen.

Jamaica.

Representation about duty on bottled beer, &c.

A representation relating to the duties laid at Jamaica upon bottled beer, ale and cyder [vide supra and fo. 360], as directed in yesterday's minutes, was signed.

Bermuda.

Representation for three new counsellors.

A representation proposing that Captain Thomas Brooks, Captain Thomas Jenner and Colonel John Trimmingham be constituted of the Councill of Bermuda [vide supra and fo. 367], as directed in yesterday's minutes, was signed.

Plantations General.

Memorial from Mr. Butler, &c., about their proposal for clothing servants in the Plantations with linsey woollsey.

Mr. Butler, Mr. King and Mr. Ashton attending [fo. 348, 427], presented to their lordships a memorial, containing an answer to such objections as they suppose may be made to their proposal for cloathing servants and slaves in the plantations with linseywoollsey, which was read; whereupon they were acquainted that they would do well to consult and advise with the agents and merchants concerned in the plantations, whether that sort of cloathing would be well received there, which they promised to do and bring their lordships an answer.

July 5. Present:—Lord Dartmouth, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen.

Trade.

Letter to Mr. Secretary Hedges about opening a trade to the Spanish Netherlands.

A letter to Mr. Secretary Hedges, upon occasion of the reduction of the town of Ostend to the obedience of the Crown of Spain under King Charles the Third, relating to the opening of a trade to the Spanish Netherlands and other remoter parts, in case the prohibition in Flanders be taken off, as mentioned in an Act of the 11th and 12th of the late King concerning the same, was signed.

Trade.

Report from Commissioners of the Customes about trade to England in Russia ships.

A report from the Commissioners of the Customes in answer to a letter writ to Mr. Lowndes the 24th of May last [fo. 317, 342], upon the extract of a letter from Mr. Whitworth relating to the trade to England from Muscovy in Russia ships, was read.

Carolina.

Bahama Islands.

Order of Councill on Mr. Attorney and Mr. Sollicitor General's report relating to their charters.

Copy of an Order of Councill of the 26th of the last month [fo. 313], upon a report from Mr. Attorney and Mr. Sollicitor General touching the more effectual proceedings against the charters of the provinces of Carolina and the Bahama Islands, leaving the consideration of the priviledge of peers therein concerned to the determination of the House of Lords, was read.

Bahama Islands.

Order of Councill on representation relating to the Bahama Islands.

Copy of an Order of Councill of the 26th of the last month, upon a representation of the 24th of May relating to the Bahama Islands [fo. 316, 336], directing that matter to be laid before her Majesty by a Secretary of State, in order to receive her Majesty's pleasure for taking care of the said Islands, when her Majesty's other affairs shall permit, was read.

Connecticut.

Order of Councill on representation relating to the Mohegan Indians.

An Order of Councill of the 26th of the last month, upon a representation of the same date [fo. 344, 356], relating to a Commission of Review of the difference between the Mohegan Indians and the government of Connecticut, directing the Board to signify to the Lord Cornbury and the rest of the Commissioners, that the said Indians be not put to any expence whatsoever in the execution of the said Commission in those parts, was read; and orders given [vide infra] for writing to the Lord Cornbury accordingly.

July 8. Present:—Lord Dartmouth, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

New Yorke.

Connecticut.

Letter to the Lord Cornbury about Mohegan Indians.

A letter to the Lord Cornbury, in pursuance of her Majesty's Order in Councill of the 26th of June [fo. 352], mentioned in the last minutes, relating to the expediting of the Mohegan affair without charge to the Indians in Connecticut, was signed.

Pennsylvania.

Letter from Lord Bishop of London about an Act of Pennsylvania about magistrates.

Letter to Mr. Borret thereupon.

A letter from the Lord Bishop of London, dated the 4th instant [fo. 338], relating to an Act lately past in Pennsylvania, intituled, An Act directing the qualifications of all magistrates and officers, as also the manner of giving evidence, was read; and thereupon ordered [fo. 338, 354] that a letter be writ to Mr. Borret for the expediting Mr. Attorney General's opinion upon the said Act, which was sent him the 19th of the last month.

July 10. Present:—Lord Dartmouth, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Pennsylvania.

Mr. Attorney General's report on Act about magistrates.

Resolves thereon.

Mr. Attorney General's report upon An Act of Pennsylvania [fo. 338, 355, 394,] directing the qualification of all magistrates and officers, as also the manner of giving evidence, together with the said Act and a letter from the Lord Bishop of London of the 4th instant [fo. 353] relating thereunto, were read; whereupon their lordships agreed to lay the same before her Majesty for her disallowance, unless Mr. Penn do give their lordships assurance that the Assembly of Pennsylvania shall, at their first meeting after the receipt of the orders that will be sent the Lieutenant Governor, pass an additional Act with the following provisions, vizt.:
That no judges, justices of the peace &c. shall sit as a Court to try any civil or criminal causes whatsoever, unless there be always one of the said judges or justices, at least, present, who can and will administer an oath to such who by the law of England are required to take oathes in the like cases.
That all persons who refuse to take oaths shall be obliged to declare that they do it purely upon a consciencious scruple before they be admitted to take the affirmation allowed to Quakers in England.
And that the last clause in the said Act, allowing evidence in writing, be repealed, or that it be restrained only to civil and not criminal causes.

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

Pennsylvania.

Letter to Mr. Penn.

Ordered that a letter be writ to Mr. Penn [fo. 354, 394] to acquaint him that the Board desire to speak with him upon the Act past at Pennsylvania directing the qualifications of all magistrates and officers, as also the manner of giving evidence.

New England.

Mr. Attorney General's report about exportation of wooll cards thither.

Mr. Attorney General's report, in answer to a letter writ him the 1st of Aprill last [fo. 262] relating to exportation of wooll cards to New England, signifying that there is no law prohibiting the same, was read.

Jamaica.

Mr. Attorney General's report on an Act about soldiers.

Representation to be prepared.

Another report from Mr. Attorney General [fo. 345] upon an Act past at Jamaica the 30th of October, 1705, intituled An Act to provide an additional subsistence for her Majesty's officers and soldiers, and for other uses, was read; and directions given [fo. 357] for preparing a representation to lay the same before her Majesty, and offering that the said Act be repealed.

New Yorke.

Connecticut.

Order of Councill on representation for the Lord Cornbury and Councill of New Yorke to be commissioners for hearing the cause of the Mohegans.

Copy of an Order of Councill of the 26th of June last [fo. 352, 369], upon a representation of the same date, proposing that the Lord Cornbury and the Councill of New Yorke be appointed Commissioners in the Commission of Review for hearing and determining the differences between the Mohegan Indians and the government of Connecticut, approving the same, was read.

Barbados.

Copy of an Order of Councill on a representation for confirming Acts.

Copy of an Order of Councill of the 26th of June last [fo. 332], upon a representation of the 7th of the same month, for confirming several Acts past at Barbados, approving the said representation, was read.

Order of Councill on representation for repealing several Acts.

Copy of an Order of Councill of the 26th of June last [fo. 332], upon a representation of the 7th of the same month, for repealing several Acts past in Barbados, approving the same, was read.

July 12. Present:—Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Jamaica.

Draught of representation on an Act for subsistence of soldiers.

A representation upon an Act past at Jamaica the 30th of October, 1705 [fo. 356, 358], intituled An Act to provide an additional subsistence for her Majesty's officers and soldiers and for other uses (as mentioned in yesterday's minutes), was agreed and ordered to be transcribed.

July 15. Present:—Lord Dartmouth, Mr. Cecill, Sir Philip Meadows, Mr. Pollexfen, Mr. Prior.

Jamaica.

Representation for repealing the Act about soldiers' subsistence.

A representation for repealing the Jamaica Act for providing an additional subsistence for her Majesty's soldiers &c. [fo. 357; L. fo. 7], as agreed in yesterday's minutes, was signed.

Massachusets.

Letters from Col. Dudley.

A letter from Colonel Dudley, Governor of the Massachusets Bay, to the Board, dated the 23rd of Aprill last, and another letter from him to the secretary, dated the 6th of May last, were read.

Letter from Mr. Secretary Hedges with extract of one from Col. Dudley about French Indians.

Answer.

A letter from Mr. Secretary Hedges of the 12th instant, inclosing an extract of a letter from Colonel Dudley relating to his having driven the French Indians from their settlements, was read; and an answer thereunto immediatly drawn up and signed.

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

New Hampshire.

Laws under consideration.

Their lordships took into consideration the collection of the laws in force in New Hampshire in 1702 [fo. 333, 360], and made some progress therein.

Miscellanies.

Incidents.

The account of the incident charges of this office from Ladyday, 1706, to Midsummer following, were laid before the Board, and are as follows, vizt.:

Letter to the Lord High Treasurer.

And a letter to the Lord High Treasurer, to desire his lordship's orders for payment thereof, was signed.

New Yorke.

New Jersey.

Letter to the Lord Cornbury about stores of war.

A letter to the Lord Cornbury, Governor of New Yorke, requiring him to transmit accounts of remains of stores of war of all sorts, and an account of expenses and the necessity of such expenses of ordnance stores; and advising his lordship to move the Assemblies of New Yorke, as well as of New Jersey, to make due provision of money for purchasing a supply of the said stores for the defence of those provinces, was read.

July 18. Present:—Lord Dartmouth, Mr. Cecill, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

New Hampshire.

Laws.

Report to be drawn.

Their lordships again took into consideration the laws of New Hampshire [fo. 359, 361], mentioned in yesterday's minutes, and went through the same, and ordered that a report be prepared for repealing several of the said laws [fo. 361].

Jamaica.

Order of Councill on representation about duty on bottled beer &c., imported into Jamaica, &c.

Letter to Colonel Handasyd thereupon.

Copy of an Order of Councill of the 15th instant [fo. 350], upon a representation of the 4th ditto, on the petition of the merchants of Bristoll, praying that the duty on bottled beer &c. imported into Jamaica, may be lower'd, approving the said representation, was read; and thereupon ordered that a letter be writ to Colonel Handasyd, Governor of Jamaica [vide infra] to transmit the petition of the said merchants, together with the Order of Councill thereupon.

July 19. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Prior.

Jamaica.

Letter to Col. Handasyd about duty on liquors imported.

A letter to Colonel Handasyd, Governor of Jamaica, transmitting her Majesty's Order in Councill of the 15th instant for lessening the duty on beer, ale and cyder imported into that island, as mentioned in yesterday's minutes [vide supra], was signed.

New Hampshire.

Laws.

Representation thereon.

A representation upon the collection of the laws of New Hampshire in New England, [fo. 360; L. fo. 7] for confirming thirteen and repealing thirteen of the said laws, was agreed and signed.

July 22. Present:—Mr. Cecill, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Massachusets.

Acts under consideration to be sent to Mr. Attorney General.

One to Colonel Dudley.

Another of the said Acts to Mr. Lowndes.

Their lordships took into consideration four private Acts past in the Massachusets Bay in 1696, 1697, and 1698 [fo. 363], as also the Acts past the 12th of February, 1700/1;, 19th of Aprill, 28th of May, 1701, and part of those past the 15th of October, 1702, and made some progress therein, and ordered that several of the said Acts be sent to Mr. Attorney General for his opinion thereupon in point of law, and also that the Act to prevent and make void clandestine and illegal purchases of land from the Indians, be sent to Colonel Dudley, to know the reason of the Assembly's making this Act, there being such a one before, and to explain the proviso in the said Act relating to Martha's Vinyard. Further ordered, that the Act for establishing of a Naval Office and for ascertaining of the fees, be sent to Mr. Lowndes, for the opinion of the Commissioners of her Majesty's Customes thereon.

July 23. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Massachusets.

Acts.

Their lordships again took into consideration the Acts of the Massachusets Bay from May, 1702, to May, 1705 [fo. 362], and went through the same, and gave directions for sending some of the said Acts to Mr. Attorney General for his opinion thereupon in point of law.

Plantations General.

Account of Ordnance stores.

An account of the ordnance, gunners, stores &c., remaining in her Majesty's Plantations in America, according to the several accounts sent to the Board of Ordnance by the respective Governors, and

Account of issues of Ordnance stores.

An account of the issues of ordnance &c. in her Majesty's Plantations in America, according to the several accounts sent to the Board of Ordnance by the respective Governors, were communicated to the Board from the Councill Office.