America and West Indies: April 1707

Calendar of State Papers Colonial, America and West Indies: Volume 23, 1706-1708. Originally published by His Majesty's Stationery Office, London, 1916.

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'America and West Indies: April 1707', in Calendar of State Papers Colonial, America and West Indies: Volume 23, 1706-1708, ed. Cecil Headlam( London, 1916), British History Online https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol23/pp416-425 [accessed 29 November 2024].

'America and West Indies: April 1707', in Calendar of State Papers Colonial, America and West Indies: Volume 23, 1706-1708. Edited by Cecil Headlam( London, 1916), British History Online, accessed November 29, 2024, https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol23/pp416-425.

"America and West Indies: April 1707". Calendar of State Papers Colonial, America and West Indies: Volume 23, 1706-1708. Ed. Cecil Headlam(London, 1916), , British History Online. Web. 29 November 2024. https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol23/pp416-425.

April 1707

April 1. 844. Mr. Jackson to the Council of Trade and Plantations Encloses following, and prays that Adams' name may be concealed, lest he suffer from Capt. Lloyd. Signed, John Jackson. Endorsed, Recd. Read April 1st., 1707. 1 p. Enclosed,
844. i. Mr. Jackson's denial of the charges made against him by the inhabitants of St. John's. They are egregious falsehoods hatched by Major Lloyd and his party, etc. March 28, 1707. Signed, John Jackson, Minister. 4 pp.
844. ii. T. Adams, Surgeon at the Fort of St. John's, to Mr. Jackson. Oct. 10, 1706. Major Lloyd has told me he has not any money to pay me. Threats and good punch etc. force some to say anything wch. is required. Most of the signatories of the petitions have already signed petitions also in your favour, etc. Signed, Tho. Adams. 2pp. [C.O. 194, 4. Nos. 25, 25.i., ii.]
April 1.
Whitehall.
845. Council of Trade and Plantations to the Earl of Sunderland. Reply to March 29. We have nothing to object to the persons proposed for the Commission of Nevis and St. Kitts. [C.O. 153, 9. pp. 474, 475.]
April 1.
Whitehall.
846. Council of Trade and Plantations to Lt. Governor Usher. Having writ to Col. Dudley at large in relation to his Governments, we are now to acknowledge the receipt of your letters of March 21 and 27, and Nov. 1, 1705, and Oct. 13, 1706. We are sorry the Assembly have not complied with your desire in relation to your accounts, but we hope that at their next meeting they will be in better temper, and consider the hardship of your case and make you satisfaction. However we think that whils you remain H.M. Lieut. Governor of New Hampshire, you ought to make your chief residence in that Province. We are expecting the accounts of the Revenue which you promise us, and you will do well therefore to signify the same to the proper officer, that no delays may be made therein. H.M. has been pleased upon our representation to appoint Col. Hilton and Major Smith to be of the Council, and the orders, when taken out, will be sent to Colonel Dudley. Repeat part of letter to Gov. Dudley March 26, relating to Vetch, Rouse etc; to correspondence, and laws. [C.O. 5, 912. pp. 343–348.]
April 3.
Whitehall.
847. Council of Trade and Plantations to the Commissioners of the Victualling Office. Enclose copy of Capt. Moody's reply, March 30. [C.O. 195, 4. p. 381.]
April 3.
Whitehall.
848. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M.
848. i. Council of Trade and Plantations to the Queen. It fully appears from the proceedings of the Court at St. Kitts (see Oct. 31), 1706, that Pogson was guilty of the murder of Col. Johnson, but was acquitted, and upon Col. Park ordering him to be tried anew upon the statute of stabbing, he fled off the Islands. Quote Attorney General, March 28. We do nevertheless humbly offer that, for the discouragement of all such heynous attempts, your Majesty be pleased to signify your pleasure to Col. Park that Pogson be turn'd out of his place in your Majesty's Council and out of all other publick employments in your Majesty's service.
848. ii. Council of Trade and Plantations to the Queen. It not appearing that Charles Squire (March 27) has anyways misbehaved himself in his profession, we recommend that the Governor of Barbados be directed to permit him to practice. [C.O. 153, 9. pp. 476–478; and (No. ii. only) 29, 10. pp. 433, 434.]
April 3.
Whitehall.
849. Lord Sunderland to the Council of Trade and Plantations. H.M. having been pleased to appoint Col. Hunter to succeed Mr. Nott in the Government of Virginia, I desire you will prepare a commission and Instructions for him in the same manner, and that you will consider of the enclosed Memoriall, and prepare a clause accordingly, if you have no objection to it. Signed, Sunderland. Endorsed, Recd. Read April 7, 1706/7. 1 p. Enclosed,
849. i. Memorial referred to in preceding. It is humbly prayed that in H.M. warrant for the Government of Virginia a clause may be incerted directing ye payment of the Governor's appointments from the day of Mr. Nott's death, deducting thereout such proportion as has been customaryly paid to the President of the Council for the time the Government has been vacant. ½ p. [C.O. 5, 1315. Nos. 46, 46.i.; and 5, 1362. pp. 119, 120.]
[April 3.] 850. Copy of protest of 4 of the Council of Barbados against the dissolution of the Assembly See. Jan. 2. Feb. 9. etc. Signed. Wm. Cleland, John Mills, James Colleton, John Holder Endorsed, Recd. April 3, Read May 20, 1707. 3½ pp. [C.O. 28 10. No. 6.]
[April 3.] 851. Copy of Writ directed to Col. Holder for electing; Member of Assembly for St. Joseph's parish, Barbados, Dec. 27 1706. Signed, Wm. Sharpe. See Jan. 2, Feb. 9, 1707. Endorsed as preceding. 1½ pp. [C.O. 28, 10. No. 7.]
April 3. 852. Copy of Memorial of Members of a Court of Oyer and Terminer, held in Barbadoes Dec., 1706., to Mr. Cox, Chief Judge against his proceedings in empanelling Juries. Signed, Thomas Alleyne, John Sandford, Reynold Alleyne, Thomas Prideaux Elisha Holder. Endorsed, Recd. April 3, Read May 29, 1707 1¾ pp. [C.O. 28, 10. No. 8.]
[April 3.] 853. Copies of Protests of several Members of the above Court, and depositions relating to the proceedings on above occasion, read at the hearing of the Board on May 29. See Journal of Council of Trade etc. Signed by the above 5, and by Paul Lyte, Robt. Vaughan, Edward Jordan, Nathl. Holder, Robt. Lett. Hooper, Peter Mascoll, Henry Evans, Samll. Osbourn Gyles Theyer, John Rouse, Simon Lambert, Robt. Hacket, John Whitstone, Danl. Hooper, John Rushworth, John Harris, Edward Skeet, jr., John Holder, Alleyne Culpeper, Dr. Thomas Stokes, Richd. Brewster, and Othniel Haggat. Endorsed as preceding. 34 pp. [C.O. 28, 10. Nos. 9–12, 14–23.]
[April 3.] 854. Copy of Warrant of Samll. Cox, Chief Justice of Barbados, for committing John Dormer for not keeping silence in Court. 1 p. [C.O. 28, 10. No. 13.]
April 3.
Custom House.
855. Imports and Exports of Pennsylvania. 1699. Imported (omitting s. and d.), 1699, 1,477l; 1700, 4,608l.; 1701, 5,220l.; 1702, 4,145l.; 1703, 5,160l.; 1704, 2,430l. Exports, English Manufactures or Product, 1699, 11,774l.; 1700, 14,676l.; 1701, 8,354l.; 1702, 5,980l.; 1703, 8,154l.; 1704, 8,633l. Endorsed, Recd. Read May 12, 1707. 1 p. [C.O. 5, 1263. No. 146; and 5, 1291. pp. 470, 471.]
April 7.
Whitehall.
856. W. Popple, jr., to W. Lowndes. Encloses copy of Memorial concerning Col. Hunter's salary (April 3) to be laid before the Lord High Treasurer. [C.O. 5, 1362. p. 120.]
April 7. 857. W. Lowndes to W. Popple. Encloses following for the guidance of the Council of Trade and Plantations in making an estimate of the quantum that may be reasonable to allow Mr. Penn etc. [See March 18.] Signed, Wm. Lowndes. Endorsed, Recd. April 10, Read May 6, 1707. 1 p. Enclosed,
857. i. Imports from Pennsylvania, Xtmas 1698—Xtmas, 1705. Custom House. London, March 21, 1706/7. Total customs paid for 7 years—36,589l. 10s. 8¾d.=5,227l. 1s. 6¼d. average per annum. Details given. Endorsed, Read April 1st, 1707. 2 large pp. [C.O. 5, 1263. Nos. 144, 145; and (without enclosure) 5, 1291. pp. 460, 461.]
April 14. 858. Attorney General to the Council of Trade and Plantations. Reply to Feb. 18. I have perused an Act of Antego to enable Robert Freeman and Mary his wife to sell three parcells of land etc. This Act recites a petition of Robert Freeman and Mary his wife for passing an Act for disposing several lands of which Robert Freeman was seized in right of Mary his wife, then under age, in which petition they sett forth the great charges they were and had been at yearly about the said lands, and that by reason of the infancy of the said Mary they could not sell the same. 'Tis thereupon enacted that the said Robert Freeman and Mary his wife should have power to sell the inheritance of all or any of the said lands, provided the consideration of such sale be first approved by the Governor in Cheif of the Leeward Caribbee Islands for the time being, or the Lieutenant or Deputy Governor of Antigua, together with four or more of the Councill of that Island, and such approbation signified by their subscribing their names as witnesses to such deed as should be executed for the sale of such lands. I humbly observe that the infancy of the said Mary is the only thing suggested for making this Act necessary, and the charges they were at for making it reasonable. As to the infancy, it being above six years since the Act pass'd in all probability that impediment is now removed, and she hath attain'd her age long before this time, and therefore no such Act would be necessary, if Robert Freeman and Mary his wife be still living and no sale made. But 'tis suggested to me that they have sold the said lands, and that the lands have been since much improved by the purchasors, and that Robert Freeman is since dead, and Mary his wife married to one Perne, and that Perne and his wife are now suing for recovery of the said lands from the purchasors. 'Tis likewise suggested to me that the lands sold in pursuance of the Act were not worth above 200l., and that Robert Freeman had by his will devised to his wife the value of 500l. and upwards, for making out the truth of which suggestions the affidavit hereunto annexed was brought to me, but your Lordships will observe the said affidavit to be founded on letters and reports only. Supposing the several facts in the affidavit mentioned to be really true, 'twould be a great hardship to the purchasor, if this Act should not be confirmed, and I have no objection against the confirmation thereof; but in regard to the uncertainty of the facts contain'd in the affidavit, the great length of time since the Act passed, the marriage of Freeman's widdow to Pern, and their commencing a suit against the purchasor for recovery thereof, I humbly submitt whether it may not be reasonable, before your Lordships lay this Act before H.M., for your Lordships to be farther informed of the truth of these facts, from the Governor, who may hear the parties concerned touching the premisses and certifie the truth thereof to your Lordships, and likewise whether (in case any deed was executed by Freeman and his wife for sale of the lands in pursuance of this Act) the consideration of such sale was approved of by the Governor in Cheif then being, or the Lieutenant or Deputy Governor of Antigua and four of the Council of that Island, and their approbation signified by their subscribing their names as witnesses to the deed of sale thereof. Signed. Sim. Harcourt. Endorsed, Recd. Read May 7, 1707. 2 pp. Enclosed,
858. i. Affidavit of Arthur Freeman, of London. Feb. 22. 1706 (7). Described in preceding. Signed, A. Freeman. 1 p.
858. ii. Copy of Act of Antigua, referred to in preceding. 4¼ pp. [C.O. 152, 7. Nos. 5, 5.i., ii.; and (without enclosures) 153, 9. pp. 494–497.]
April 16.
Whitehall.
859. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M.
859. i. Council of Trade and Plantations to the Queen. In obedience to your Majesty's commands, April 3, we have prepared the draught of a Commission for Robert Hunter, Esq. to be your Majesty's Lieutenant and Governor General of Virginia, with the same powers and authorities of Government as were granted to Coll. Nott. But whereas, by a Clause in the Commissions and Instructions to the Governors of your Majesty's Plantations it is directed that upon the death or absence of each respective Governor, and in case there be no Lieutenant Governor appointed by your Majesty upon the place, the then Council do take upon them the administration of the Government and that the eldest Counsellor do preside, and we having observed that this Instruction has given occasion of many controversies and disputes between the President and your Majesty's Counsellors, and between the Counsellors themselves, and otherwise to the great hindrance of the public business and to the prejudice and disturbance of your Majesty's service there (whereof there is an unhappy instance at this time in Barbadoes), we have thereupon presumed to alter that Instruction [see April 22] etc. Which Clause so altered and adapted, as we humbly conceive, to your Majesty's service, if your Majesty be pleased to approve the same to be inserted in the Commission of Coll. Hunter, we do likewise most humbly offer that an additional Instruction be sent to all other your Majesty's Governors in America to the same purpose or effect, as the most effectual means to prevent the many inconveniencies that may continue to happen from the frequent misunderstandings and disagreements between your subjects in the Governments of your Maiesty's Plantations in America.
859. ii. Governor Hunter's Commission for the Government of Virginia. Same as that of Governor Nott [1705], with additions proposed above. Westminster, April 22. Countersigned, Wright. [C.O. 5, 1362. pp. 121–138.]
April 17.
Kensington.
860. Order of Queen in Council. Approving preceding. Signed, Chris. Musgrave. Endorsed, Recd. Read May 12, 1707. 1 p. [C.O. 5, 1315. No. 50; and 5, 1362. p. 219.]
April 17.
Kensington.
861. Order of Queen in Council. Additional Instruction etc. ordered, as proposed in preceding. Signed, Chris. Musgrave. Endorsed, Recd. Read April 21st, 1707. 1 p. [C.O. 5, 1315. No. 47; and 5, 1362. p. 139.]
April 17.
Kensington.
862. Order of Queen in Council. John Pogson (April 3) is to be discharged from all public employments in the Leeward Islands. Signed, Chris. Musgrave. Endorsed, Recd. Read May 12, 1707. 1 p. [C.O. 152, 7. No. 6; and 153, 10. pp. 10, 11.]
April 17.
Kensington.
863. Order of Queen in Council. Repealing Act of Virginia for granting and settling lands. Signed and endorsed as preceding. 1 p. [C.O. 5, 1315. No. 54; and 5, 1362. p. 221.]
April 17.
Kensington.
864. Order of Queen in Council. Mr. Squire is to be permitted to practice the law in Barbados (see April 3). Signed, Chris. Musgrave. Endorsed, Recd. Read May 12, 1707. 1 p. [C.O. 28, 10. No. 2; and 29, 10. pp. 476, 477.]
April 18.
Whitehall.
865. Council of Trade and Plantations to the Lord High Treasurer. Enclose office accounts, Xmas to Lady Day, 1707. [C.O. 389, 36. pp. 324–326.]
April 18.
Whitehall.
866. W. Popple to Josiah Burchet. The Council of Trade and Plantations desire you would move the Lord High Admiral that Governor Hunter may have a Commission as Vice-Admiral of Virginia, as usual. [C.O. 5, 1362. p. 138.]
April 19.
Admiralty Office.
867. J. Burchett to Mr. Popple, jr. Reply to preceding. Col. Hunter will be appointed Vice-Admiral of Virginia, and an order be given to Capt. Mathews of the Dover to carry him thither with his servants. Signed, J. Burchett. Endorsed, Recd. Read April 21st, 1707. Addressed. ½ p. [C.O. 5, 1315. No. 48; and 5, 1362. p. 139.]
April 21.
Jamaica.
868. Governor Handasyd to the Council of Trade and Plantations. I have received none from your Lops. since yours of Dec. 13, 1706, etc. I have little now to trouble your Lops. with, only that we have still a report of a French Fleet being in these parts, and now at Martineco, but no certain account of them, or what their design is, whether on the galleons or against Jamaica; if the latter, I hope myselfe and the Gentlemen under my command will shew our selves faithfull servants to H.M. H.M.S. Dunkirk Prize has brought in a Spanish prize, the value of which I am a stranger to; and one of our privateers has taken a French ship of 200 or 300 tun, supposed to be of considerable value, being laden with wine, brandy and dry goods. All publick news that has come to my hands I have sent to the Spanish coast, to undeceive the poor Spaniards, who are very much imposed on by false advices from the French. Our squadror of men of warr here, I can say little of, but doubt not but Commadore Kerr has given a particular account of them to H.R.H. and the Admiralty Board, and of his whole proceedings since the coming into these parts. I hope your Lops. will not forgett what I before apply'd myselfe to you in for your assistance, that a draught of 300 recruits may be sent for my Regiment it being impossible for my officers to raise them and put them aboard. The Island is at present healthy. Capt. Kerr has just now acquainted me that he designs to go a cruize on the Spanish coast, with all H.M. ships of war under his command, except one, which he leaves in Harbour, and has desired of me to let him have 100 men of H.M. Regiment under my command, to help to man the ships, which I have ordered to be put on board him this day. Signed, Tho. Handasyd. Endorsed, Recd 2nd, Read 6th June, 1707. 2 pp. [C.O. 137, 7. No. 50; and 138, 12. pp. 96, 97.]
April 21.
London.
869. Mr. Jones to the Council of Trade and Plantations. Prays to be heard to the complaints against him, having been at great expence in transporting witnesses to England, etc. Signed, Ed. Jones. Endorsed, Recd. Read April 21, 1707. ¾ p. [C.O. 37, 8. No. 1.]
April 21.
Whitehall.
870. W. Popple, jr., to Sir John Bennet. The hearing of your brother's complaints against Mr. Jones cannot be deferred longer than 3 weeks, etc. [C.O. 38, 6. p. 249.]
April 22.
Whitehall.
871. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M. in Council.
871. i. Council of Trade and Plantations to the Queen. Enclose Instructions to Governor Hunter.
871. ii. Governor Hunter's Instructions. Similar to those of Governor Nott. [1705.] [C.O. 5, 1362. pp. 140–215.]
April 22.
Whitehall.
872. W. Popple, jr., to W. Lowndes. Applies for 30 or 40 copies of "the Act past this sessions, for the more effectual suppression of pirates, to be sent by the ships now going to the Plantations." [C.O. 324, 9. pp. 138, 139.]
April 22.
Whitehall.
873. Councill of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M.
873. i. Council of Trade and Plantations to the Queen Recommend for repeal the six Acts of the Massachusetts Bay, laying fines on Vetch, Boreland, Lawson, Rouse, Coffin and Philips (see Feb. 20, 1707). The General Assembly, consisting of the Governor, Council and Representatives, instead of referring the matter to your Majesty's ord'nary Courts of Justice, did take upon themselves the committing, charging and trying of petitioners in an undue and unpresidented manner. Quote Attorney General's opinion, "with which we do concur, conceiving that your Majesty's service in the Plantations will be best carried on by the ord'nary rules and known methods of Justice, to which all your Majesty's subjects may readily acquiesce." [C.O. 5, 912. pp. 354–357.]
April 22.
874. Council of Trade and Plantations to Lord Sunderland. In obedience to Order in Council, April 17, enclose following to be laid before H.M. in Council. Annexed,
874. i. Council of Trade and Plantations to the Queen. Enclose draught of following Instruction.
874. ii. Additional Instruction to H.M. Governors in America. Whereas by a clause in our Commission and Instructions it is directed that upon your death or absence (in case there be no Lieutenant Governor appointed by us upon the place) the then Council do take upon them the administration of the Government, and that the eldest Counsellor do preside, and we having observed that this Instruction has given occasion of many controversies and disputes between the Presidents and the Counsellors, and between the Counsellors themselves, and otherwise in several of our Plantations to the great hindrance of the publick business, and to the prejudice and disturbance of our service there, Our will and pleasure therefore is, that if upon your death or absence, there be no person upon the place commissionated by us to be Lieut. Governor or Commander-in-Chief, the eldest Counsellor whose name is first placed in our said Instructions to you, and who shal be at the time of your death or absence residing within our said Province of —, shall take upon him the administration of the Government, and execute our said Commission and Instructions, and the several powers and authorities therein contain'd, in the same manner and to all intents and purposes, as other our Governor or Commander in Chief shou'd or ought to do, in case of your absence, until your return, or in all cases until our further pleasure be known therein. Given at our Court at Kensington. May 3, 1707. Countersigned, Sunderland.
To the Governor of the Massachusetts Bay, the Instruction is "the eldest Counsellor who shall be at the time of your death or absence residing within the Province" etc. [C.O. 324, 9. pp. 136–138; and (without covering letters) 319, 1. p. 9; and 5, 726. pp. 432–434; and 5, 912. pp. 352, 353; and 153, 9. pp. 479, 480; and 29, 10. pp. 455–457; and 138, 12. pp. 77, 78; and. 5, 994.A. pp. 291–293; and 5, 210. pp. 30–33; and 5, 1121. pp. 24, 25; and 38, 6. pp. 250–252.]
April 24.
London.
875. Mr. Dummer to Mr. Popple. Sailings of the Prince George packet-boat. Out and home, 97 days. The Islands fear further attempts from the enemy, there being a great squadron of French expected there. Signed, E. Dummer. Endorsed, Recd. April 25, 1707. 1 p. [C.O. 323, 6. No. 31.]
April 24. 876. Copy of Col. Hunter's Commission to be Vice-Admiral of Virginia. Countersigned, Rich. Crawley, Register. Endorsed, Recd. April 30, 1707. Latin. 20 pp. [C.O. 5, 1315. No. 49.]
April 24. 877. Commission to General John Cheek, Dr. Nathaniel Loyd and Dr. Charles Hedges to enquire into the capture of the Juffrouw or Virgin Margaretta, Frederic Meyer, master, captured by the Burchet Galley. The enquiry. May 23—June 25, 1707. Countersigned, Rich. Crawley. Latin. [C.O. 319, 1. pp. 36–49.]
April 26.
Kensington.
878. The Queen to Governor Parke. Capt. Pogson is to be discharged from the Council and all publick employments. Countersigned, Sunderland. [C.O. 5, 210. p. 29.]
April 29.
St. James's.
879. Order of Queen in Council. Approving draft of Additional Instructions [April 22]. Signed, Chris. Musgrave. Endorsed, Recd. Read May 12, 1707. 1 p. [C.O. 323, 6. No. 34; and 324, 9. p. 141.]
April 29.
St. James's.
880. Order of Queen in Council. Approving Instructions for Governor Hunter. Signed and endorsed as preceding. 1 p. [C.O. 5, 1315. No. 51; and 5, 1362. pp. 219, 220.]
April 29.
Whitehall.
881. W. Popple, jr., to Josiah Burchett. Encloses Lord Cornbury's letter, etc. Dec. 14, 1706, concerning Capt. Fane, for H.R.H. directions thereupon. [C.O. 5, 1121. p. 36.]
April 30.
Admiralty Office.
882. Mr. Burchett to Mr. Popple, jr. Reply to preceding. H.R.H. commands me to say that altho Capt. Fane has done noe more than his duty and strictly complyed with his Instructions (a copy whereof I send you) by appointing a commander to the Tryton prize, when the vacancy happened, yett H.R.H. has commanded me to acquaint Capt. Fane that he is very much dissatisfied with him for his behaviour to my Lord Cornbury in other particulars, and the more so because he is, by the Instructions he has from his Highness, particularly required to obey the orders of his Lordship dureing the time that he attends on the Government of New Yorke. As the Council of Trade and Plantations will find by the afore-mentioned extract of the Prince's Instructions (the which is the same as to the Captains of all ships that attend on H.M. Islands and Plantations) that Capt. Fane has positive orders to place officers in the ships under his command, without any regard of those the Governour might pretend to appoint, soe it is not known here that any Governour abroad has the least pretence to an authority or power of appointing Captains or officers to ships putt under their directions; for as it is directly contrary to the Instructions given by the Lord High Admiral to the Captains attending on forreigne Plantations, as is mentioned before, soe is it indeed such an infringement of the known rights and authority of the office of Admiral as cannot in the least degree be dispensed with; and therefore H.R.H. knows of noe further Instructions necessary for my Lord Cornbury's guidance in this affaire of appointing officers to H.M. ships; nay, thus much I must further observe to you, that altho my Lord Cornbury should suspend Capt. Fane for not complying with his Orders, yett the next officer to him in seniority must, and will of course, take upon him the command of both the ships attending the Government (dureing the suspention), without any regard, in that case, to any person the Governour may happen to appoint to that charge. What I have more to add is, that my Lord Cornbury has the same power invested in him as Vice Admiral to H.R.H., within the limits of his Lordship's Government, as any his predecessors, or the Governours of other Colonies or Plantations have, and the warrant to the Judge of the High Court of Admiralty, to prepare such a Commission for the Lord Cornbury was dated Sept. 15, 1702; but his Lordship has no more power by that Commission to appoint officers to H.M. ships than the Vice Admirals of the Maritime Counties in this Kingdom have. Signed, J. Burchett. Endorsed, Recd. 3rd, Read 5th May, 1707. 3 pp. Enclosed,
882. i. Extract of H.R.H. Instructions to Capt. Fane as above. ½ p. [C.O. 5, 1049. Nos. 31, 31.i.; and 5, 1121. pp. 37–40.]
April 30.
Whitehall.
883. W. Popple, jr., to W. Lowndes. Whereas by several of the Laws of Trade and Navigation the Scots are in many particulars restrained in point of trade and otherwise in the Plantations, and the Council of Trade and Plantations thinking it necessary that copies of the Act of Union be sent to all H.M. Governors in America, they desire you would move the Lord High Treasurer that they may have 40 of the said Acts. [C.O. 324, 9. p. 139.]
April 30.
Whitehall.
884. Council of Trade and Plantations to the Earl of Sunderland. Enclose extracts of letters from Col. Handasyd and Col. Sharpe, relating to a squadron of French ships in the West Indies. Also a letter from Col. Parke relating to the same matter, and upon that occasion complaining of the ill condition of the Regiment there, which your Lordship[s] will please to lay before H.M. [C.O. 138, 12. p. 84.]