Journal, February 1706: Journal Book K

Journal, February 1706

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

Virginia.

Maryland.

Letter from Mr. Secretary Hedges on merchants' petition praying their ships may not be detained by imbargos there.

Letter to Mr. Secretary Hedges thereupon.

Mr. Clayton and Mr. Johnson presented to the Board a letter from Mr. Secretary Hedges of the 29th of the last month, referring to their lordships the petition of the merchants and owners of ships trading from London and the out ports to Virginia and Maryland, praying that the Governors of those Colonies may have directions not to lay an embargo or put any stops to such merchantships as shall be left behind, and cannot be ready to saile from thence with the convoy that is appointed for the fleet which is to come away in June next, but that the said ships may have free leave to clear and sail from thence as they can get ready, was read; and several questions being asked these gentlemen thereupon, they said that by reason of their ships coming home so late they could not be time enough discharged so as to be sent to Virginia and Maryland to come away with the convoy now going thither; that the convoy were injoined to return from Virginia and Maryland by the 10th of June next at furthest, so that there will be at least 40 ships remaining in the rivers of Virginia and Maryland, which if they are not permitted to come away without convoy they will be all worm eaten and the voyage overthrown; whereupon their lordships drew up a letter to Mr. Secretary Hedges with their opinion that, if her Majesty shall not be pleased to allow a convoy to bring away the 40 ships, they may be permitted to clear and saile from thence as they may get ready after the departure of the convoy.

Rhode Island.

Connecticut.

Wharton with Governor and Company's answer to complaints.

Sir H. Ashhurst.

Mr. Wharton attending, presented to the Board an answer from the Governor and Company of Rhode Island to the charge exhibited against them [fo. 183, 222], and Mr. Wharton desiring to have copies of the proofs sent over by Colonel Dudley, and Sir Henry Ashhurst attending at the same time [fo. 180, 222], and desiring the same thing, they were acquainted that, when there was a full Board, they should have an answer thereunto.

Major Palms in behalf of Oweneco.

Major Palms attending [fo. 183, 339], acquainted their lordships that Mr. Mason, agent for Oweneco, Sachem of the Mohegan Indians, had desired him upon his coming away to solicite the determination upon their affair.

Newfoundland.

Mr. Jackson to give an account of fortifications, &c.

Mr. Jackson, late minister of Newfoundland, attending [fo. 171], he was desired to give their lordships an account in writing of what he was able of the fortifications, and of anything else he knew relating to the fishery, of which he had not informed their lordships of (sic).

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

Plantations General.

Letters to Governors.

The several letters to the Governors of New Yorke, New Jersey, Massachusets Bay, New Hampshire, Virginia and Maryland, were signed.

Circular Letter.

Bridger.

Naval Stores.

The circular letters to her Majesty's Governors on the Continent of America [fo. 146, 335], directing them to transmit hither from time to time accounts of Mr. Bridger's proceedings in relation to navall stores, were likewise signed.

Bermuda.

Reference from Mr. Secretary Hedges about complaints against Jones.

A reference from Mr. Secretary Hedges of the 23rd of November last [fo. 198] upon the petition of the General Assembly of Bermuda to her Majesty against Mr. Jones, secretary and provost marshall of the said island, was read; and the papers therewith received from Mr. Nodin were laid before the Board, which were also read and are as follows:
Letter from Col. Bennet to the Board, and papers therewith received from Mr. Nodin.
Letter from Colonel Bennet to the Board, with papers relating to Mr. Jones &c., dated the 1st of Aprill, 1705, was read, and the papers therein referr'd to laid before the Board, and are as follows:
Petition of the General Assembly of Bermuda to the Board against Mr. Jones, provost marshall &c., of that island, praying that he may be removed from his imployments there.
Address of the Assembly of Bermuda to the Governor and Councill, praying that copies of all papers relating to their complaints and proceedings against Mr. Jones, the provost marshal of that island, may be transmitted to England, in order to their justification &c.
Mr. Jones, provost marshall of Bermuda's complaints against Colonel Bennet, with Colonel Bennet's answer thereto.
Copy of an address of the Assembly to Colonel Bennet, containing heads of complaints against Mr. Jones, provost marshall &c. of Bermuda.—also of 27 depositions proving each article of the said complaints.—Jones's suspension thereon.—Indictments and sentences against the said Jones at a Court of Assize in 1701.

Papers to be look'd out and Mr. Nodin to attend.

Then their lordships gave directions that the copy of the said Jones's patent for secretary of that island, as likewise the letters already writ to him and Colonel Bennet relating to the difference between them [fo. 197, 199], be look'd out and laid before the Board on Thursday next, when they will take the same into consideration. And ordered that Mr. Nodin be directed to attend at the same time.

Newfoundland.

Report.

Their lordships took into consideration the report relating to Newfoundland [fo. 187, 203] (mention'd in the minutes of the 28th of the last month), and made some progress therein.

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

Virginia.

Packet received.

The letters to be minuted, &c.

A packet from Virginia being brought to the Board, the same was opened before three of the Commissioners, as directed in the minutes of the 24th of the last month, and was found to contain two letters from Colonel Nott, both dated the 24th of December last, with the papers and minutes of Councill therein referr'd to, as also a letter from Mr. Jennings, secretary of Virginia, of the 18th of December last; and thereupon ordered that the said letters be minuted, and a list thereof made to be laid before the Board at the first opportunity.

New Yorke.

Box of letters, &c., from the Lord Cornbury.

The secretary acquainted their lordships that he had received a box of letters and papers from the Lord Cornbury, which were minuting, in order to be laid before the Board.

Bermuda.

Mr. Nodin at the Board about the behaviour of Mr. Jones, secretary, &c., of Bermuda.

Mr. Nodin attending, and being asked what he knew concerning Mr. Jones's behaviour [fo. 198, 203], he acquainted their lordships that the said Jones had, since his return to Bermuda, been far more insolent to Colonel Bennet than before, and that he the said Jones had publickly declared he did not doubt of being protected by the interest of his friends in England. Mr. Nodin added that Dr. Lane (who had a design to appear in favour of Jones) [fo. 203], when he heard from Serjeant Bennet what a character the said Jones had in the island, he declared he was sorry to hear it, and would therefore give himself no further trouble about him: whereupon their lordships resolved to take again into consideration the letters and papers transmitted from the Governor, Councill and Assembly, as well as those from Jones to this Board, relating to the complaints on both sides, and report the same to her Majesty.

Barbados.

Order of Lords Committees for several papers relating to complaints against the Governor.

An order from the Lords Committees of the House of Lords of the 4th instant [fo. 189] relating to the complaints against Sir Beville Granville, Governor of Barbados, requiring several papers to be laid before them, was read, and directions given for preparing an answer thereunto [fo. 201].

February 8. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Barbados.

Answer to order of Lords' Committees about complaints against the Governor.

The answer to an order of the Lords' Committees of the House of Lords of the 4th instant [fo. 200] relating to the complaints against Sir Beville Granville, was signed, and at the same time transmitted to their lordships with the papers referr'd to therein.

Newfoundland.

Commodore Bridge about his answer to heads of inquiry.

Commadore Bridge attending, acquainted their lordships [fo. 168] that his papers and answer to the heads of inquiry, sent him when he went last to Newfoundland, were lost in his return from thence when his ship was cast away, and therefore was unable to give their lordships an account of the state of the fishery and affairs of Newfoundland, but said, if the Board would please to let him have a copy of those heads of inquiry, he would draw up his answer thereto in writing, and at the same time promis'd to insert what should occur to his memory, and of what he had further to offer in relation to those parts, and lay the same before the Board with all convenient speed; whereupon a copy of the said heads of inquiry was given him for his answer accordingly.

Plantations General.

Circular letters to be sent by Col. Quary.

Colonel Quary attending, took his leave of the Board, designing to return to America by the convoy now going thither; whereupon ordered that the letters to the Governors on the Continent (mentioned in the minutes of the 4th instant) be made up and sent to him for his conveyance of them to the respective Governors accordingly.

Newfoundland.

Letter from Mr. Secretary Hedges with answer of soldiers at Portsmouth to queries sent Sir John Gibson.

Copy of queries and answer sent to Lieut.

Moody to procure affidarits as to the truth of the complaints.

Letter from Mr. Secretary Hedges of the 4th instant [fo. 184, 185], inclosing the answer of the soldiers at Portsmouth to the several queries sent to Sir John Gibson, signed by the Mayor, and attested by a publick notary there, was read; and thereupon ordered that a copy of the said queries and answer be sent to Lieutenant Moody [fo. 228], and that he be desired to take the affidavits of such of the soldiers lately come from Newfoundland as may be in London, before a Master in Chancery, as to the truth of what is alleged in the said paper of complaints, or to anything else that they may know, and which relates to Captain Lloyd.

Trade.

Reference from Mr. Secretary Hedges upon petition of Geneva merchants about hardships sustain'd from the Imperial Court.

Answer.

Reference from Mr. Secretary Hedges of the 29th of the last month, upon the petition of several merchants and factors trading to Geneva [fo. 289, 290], complaining of grievances which they meet with from the Imperial Court in that trade, and praying a redress thereof, was read; and an answer thereunto to Mr. Secretary Hedges was drawn up and signed.

Bermuda.

Letter to Dr. Lane to attend if he have anything to offer in behalf of Jones.

Ordered that a letter be writ to Dr. Lane [fo. 200, 210], to acquaint him that their lordships having before them the papers lately transmitted from Bermuda relating to the differences between the Governor and Mr. Jones, secretary and provost marshall of that island, they desire to speak with him on Monday next in the morning, if he have anything to offer in behalf of the said Jones, and that he bring with him any other persons as may be concerned for him.

Newfoundland.

Report.

Their lordships again took into consideration the report to her Majesty relating to Newfoundland [fo. 198, 213], and made a further progress therein.

February 11. Present:—Lord Dartmouth, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

New York.

Letters and papers from Lord Cornbury.

Several letters and papers from the Lord Cornbury being lately received, were laid before the Board [fo. 268]; and their lordships resolved to take the same into consideration the first opportunity.

The list of the said letters and papers is as follows:—
Letter relating Mr. Byerly Collector and Receiver General.
Letter from the Lord Cornbury to the Board, complaining of Mr. Byerly, Collector and Receiver General of New Yorke [fo. 267], for countenancing illegal trade, for which he has suspended him, and put Mr. Fauconier into his room, who he desires may be confirmed in that imployment, dated the 13th July, 1705.
Papers therein referr'd to.
Certificate of the Collector of New Yorke of his having granted store at the request of Captain Cholwell in the ship Catherine for one caske of cacoa bound to Surinam.
Naval officers' certificate about the sloop Mary of New York's unlading her goods, she being leaky, untill she could refit and take the same goods on board again.
Letter of 20th Nov.
Letter from the Lord Cornbury to the Board, dated the 20th November, 1705.
Papers therein refer'd to.
Draught of a surrender from the proprietors of East and West New Jersey of their pretended right of government to King William.
The Assembly's answer to the Councill's reasons against some clauses in a Bill for raising a summe for defence of the Province.
The Assembly's answer to the Councill's message relating to the amendments to the Bill &c. for raising a summe for the defence of the Province.
The Councill's reasons against some clauses in a Bill for raising a summe sufficient to answer the charge of Fuziliers and out scouts for the defence of the Province.
The Councill's amendments to the Bill for raising a summe &c. for the defence of the Province.
The Governor's speech to the Assembly relating to some vessells fitted out in searching a privateer—To the Acts of Parliament lately sent him—To raising a fund for stores— and to a clause of a letter from the Commissioners of Trade.
The Governor's speech to the Assembly recommending to them the defence of the Province, and that they will think of a Bill for raising money to that end.
The Governor's speech to the Assembly upon their delaying to provide for the defence of the Province, when he prorogued them till May, 1706.
Minutes of the Assembly of New Yorke from the 19th September, 1705, to the 13th of October following.
A Bill for the raising a summe sufficient to answer the charge of Fuziliers and out scouts for the defence of the frontiers &c.
Journal of the General Assembly from the 7th of June, 1705, to the 4th of August following.
An Act for continuing an Act for the laying out, regulating, clearing and preserving publick common highways throughout this Colony.
An Act for the better explaining and more effectual putting in execution an Act of General Assembly, entituled an Act for settling a ministry and raising a maintenance for them in the City of New Yorke, County of Richmond, West Chester and Queen's County.
An Act for defraying the common and necessary charge in the Mannor of Ranslaerswick in the County of Albany.
An Act to inable William Bradford of the City of New Yorke, printer, to sell and dispose of the real estate of John Dewdsbury, late of Oyster Bay in Queen's County within this Colony, deceased, for the payment of debts.
An Act to inable the Justices of the Peace for the City and County of Albany to raise the summe of 100l. for the repairing or rebuilding of a common gaol and city and county hall, over and above the summe of 400l. they were inabled to raise by an Act of the General Assembly made in the 2nd year of her Majesty's reign, entituled An Act to inable the Justices of the Peace for the City and County of Albany to repair or to rebuild a common goal, city and county hall for the said city and county, and to pay the arrears of their publick charge.
An Act for allowance to the burgess of the borough of West Chester.
An Act for reviving and continuing an Act entituled an Act for regulating slaves.
A Bill for inforcing and continuing the Act for a post office in this province of New Yorke for three years from the month of October, which was in the year 1704.
An Act for the preservation of deer.
An Act to prevent the running away of negro slaves out of the City and County of Albany to the French at Canada.

Connecticut.

Rhode Island.

Letter from Lord Cornbury relating to the Governments of Connecticut and Rhode Island.

A letter from the Lord Cornbury to the Board relating to Rhode Island and Connecticut [fo. 180, 182, 270], dated 26th of November, 1705.
Copies of proceedings of the General Court with affidavits and certificates relating to the case of Edward Palms &c.
The deposition of Michael Hicks relating to the government of Rhode Island.
Deposition of Richard Sacket relating to his suit against Caleb Beek in Connecticut, and to deserters harbour'd there &c.
Copies of several papers under the seal of Connecticut relating to the case of Edward Palmes &c.
Copy of the judgement of the General Court of Connecticut in the case of Major Edward Palmes &c., under the seal of the Colony, with several papers annexed. The complaints of the inhabitants of New London.
Examinations of Edward Palmes on oath relating to the Colony of Connecticut's sheltering malefactors and trying murders, felonies &c., without lawfull authority.
Affidavit of Mr. Auboyneau relating to his suit against Robert Lord, with copies of the proceedings &c.
Deposition of Richard Sacket relating to some expressions of the Sheriffe of New London and others about the Charter of Connecticut.
Captain Mathews's deposition relating to the protection given to deserters in Connecticut.
Deposition of Robert Orchard relating to Rhode Island.
Acts of Connecticut printed in 1702.

New Jersey.

Letter from Lord Cornbury.

Letter from the Lord Cornbury to the Board, dated the 27th of November, 1705 [fo. 272].
Minutes of Assembly.
Minutes of Assembly from the 15th of October, 1705, to the 8th November following.

Virginia.

Memorial from Mr. Corbin in behalf of Col. Jennings about his putting clerks into County Courts.

Mr. Corbin presented to their lordships a memorial in the name of Colonel Jennings, secretary of Virginia, relating to his putting in clerks into the several County Courts, which was read, and their lordships resolved [fo. 211] to take the same into consideration to-morrow morning.

Bermuda.

Bradshaw to attend about Jones.

Ordered that Mr. Bradshaw have notice to attend the Board on Wednesday morning next [fo. 203, 214], in case he have anything to offer in relation to Mr. Jones, secretary and provost marshall of Bermuda.

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

Virginia.

Mr. Corbin's memorial under consideration.

Col. Blakiston to attend thereupon.

Their lordships. taking again into consideration Mr. Corbin's memorial in behalf of Colonel Jennings [fo. 210, 216], which was read yesterday, part of the minutes of the Councill of Virginia of the 27th November last upon the same subject were read; and thereupon ordered that Colonel Blakiston be desired to attend their lordships to-morrow morning [fo. 213].

Proprieties.

Copy of Order of Councill on representation about misfeasances of Propriety Governments.

Copy of an Order of Councill of the 7th instant, upon a representation of this Board of the 10th of the last month [fo. 165], relating to the misfeasances of the Proprietary and Charter Governments &c., directing that the said representation be sent to Mr. Secretary Hedges for her Majesty's further pleasure therein, was read.

Rhode Island.

Order of Councill on petition of Thomas Newton relating to Hogg Island.

An Order of Councill of the 20th of December last [fo. 214], referring to this Board the petition of Thomas Newton, relating to his being kept out of possession of Hogg Island by the inhabitants of Rhode Island, and praying for a tryal in the next adjacent province, was read.

Barbados.

Copy of Order of Councill upon petition and appeal of Mr. Lillington.

The copy of an Order of Councill of the 18th of the last month [fo. 147; N. fo. 171] upon the petition and appeal of Mr. Lillington, late member of the Councill of Barbados, praying to be relieved against several irregular proceedings of a Court of Oyer and Terminer there against him, and that the 2,000l. fine may be restored to him, and also directing the Governor to send his answer to the said petition and appeal &c. to her Majesty for her final determination thereon &c., was read.

Copy of Order of Councill for repayment of the said Lillington's fine of 2,000l.

The copy of an Order of Councill of the 18th of the last month, upon the petition of the said Mr. Lillington [fo. 147], directing that the fine of 2,000l. lately imposed on him there by a Court of Oyer and Terminer be repayed him, to remain in his hands till her Majesty's determination upon his appeal, was read.

New York.

Letter from Mr. Lowndes inclosing one from Mr. Caleb Heathcote to the Lord Treasurer about Naval stores.

A letter from Mr. Lowndes to the secretary, dated the 4th instant [fo. 216], inclosing a letter from Mr. Caleb Heathcote of New Yorke to the Lord High Treasurer, relating to naval stores, was read.

Letter from Mr. Lowndes for the Board's opinion on Mr. Byerly's petition.

A letter from Mr. Lowndes to the secretary, dated the 8th instant [fo. 216], signifying my Lord High Treasurer's desire to have the Board's opinion upon a petition of Mr. Byerly, collector and receiver of New Yorke, to his lordship, relating to her Majesty's thirds of seizures at New Yorke, was read.

Newfoundland.

Two memorials from Mr. Roop relating to the soldiers and the government of that place in winter.

Two memorials from Mr. Roop relating to the soldiers that went last to Newfoundland, giving his opinion that 30 men may be sent over yearly thither to fill up vacancies that may happen by death or sickness, and relating also to the governing of that place in winter, were read.

Draught of Report.

Then their lordships took again into consideration the draught of a report relating to Newfoundland [fo. 203, 215], and made a further progress therein.

February 13. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr Pollexfen, Mr. Prior.

Virginia.

Col. Blakiston at the Board about Mr. Corbin's memorial in behalf of Col. Jennings.

Colonel Blakiston attending, according to order [fo. 211, 216], the memorial of Mr. Corbin in behalf of Colonel Jennings was communicated to him, and part of the minutes of the Councill of Virginia of 27th November last upon that subject were again read; whereupon he acquainted their lordships that he had no instructions in this affair.

Letter to Mr. Corbin for copy of Col. Jennings's commission to be secretary of Virginia.

Ordered that the secretary write to Mr. Corbin, to desire him to procure a copy of Colonel Jennings's commission for secretary of Virginia.

Bermuda.

Mr. Bradshaw in behalf of Jones.

Mr. Bradshaw attending [fo. 210], and being asked if he had anything to offer in behalf of Mr. Jones, secretary and provost marshall of Bermuda, against whom the Lieutenant Governor had transmitted fresh complaints, he answered that he was ready to reply to such complaints as their lordships should please to communicate to him; whereupon ordered that the Bermuda papers be laid before the Board [fo. 219], that copies or extracts of complaints therein against Mr. Jones, since his last arrival in Bermuda, may be made and delivered to Mr. Bradshaw for his answer.

Rhode Island.

Order of Council on petition of Mr. Newton about Hogg Island further considered.

The Order of Councill of the 20th of December last [fo. 211], upon the petition of Thomas Newton relating to Hogg Island, and mentioned in yesterday's minutes, being now taken into further consideration, their lordships agreed to advise such as shall appear in the petitioner's behalf the first time they shall come to the Board, that not knowing of any neighbouring colony to Rhode Island that is likely to be impartial, it will be proper for the petitioner to sue for a tryall in Rhode Island, and that, in case he be not satisfied with the judgment given thereupon, he do appeal to her Majesty in Councill, or upon refusal of such tryall to make complaint thereof to her Majesty, and bring good proof of such denyal.

Newfoundland.

Report.

Letter to Mr. Secretary Hedges about commission for Commadore.

Then their lordships proceeding in the Newfoundland report [fo. 213, vide infra], made a further progress therein, and resolved to write to Mr. Secretary Hedges [fo. 227] relating to the Commission to be given this year to the Commodore of the Newfoundland convoy and to arms to be distributed among the inhabitants there.

Trade.

Copy of Duke of Anjou's declaration about trade by neutral ships.

Mr. Blathwayt communicated to the Board the copy of the Duke of Anjou's declaration [fo. 85] relating to trade in Spain by neutral ships.

New York.

Mr. Bridger to attend.

Ordered that Mr. Bridger have notice to attend their lordships to-morrow morning [fo. 216].

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

Newfoundland.

Report.

A representation relating to Newfoundland [vide supra, and fo. 222, 228], as mention'd in yesterday's minutes, was signed.

New York.

Letter from Mr. Heathcote about naval stores.

Copy thereof delivered Mr. Bridger for his observations.

Their lordships took into consideration the letter from Mr. Caleb Heathcote to the Lord Treasurer [fo. 212], relating to the production of naval stores at New Yorke, referr'd to this Board in a letter from Mr. Lowndes, and mentioned in the minutes of the 12th instant [fo. 215], and Mr. Bridger attending at the same time, a copy of the said letter was communicated to him; whereupon he promised [fo. 217] to bring their lordships in writing on Monday next his observations thereupon.

Mr. Byerly to attend in relation to his petition.

Upon consideration of Mr. Byerly's petition [fo. 212, 218], referr'd to this Board by Mr. Lowndes's letter of the 8th instant, and mentioned also in the minutes of the 12th; Ordered that Mr. Byerly have notice to attend their lordships on Monday next.

Virginia.

Mr. Corbin with copy of Col. Jennings's patent for secretary of Virginia.

Mr. Corbin attending, presented to their lordships [fo. 211, 213] the copy of Mr. Jennings's patent to be secretary of Virginia, which was read, and Mr. Corbin thereupon directed to attend again on Monday morning next [fo. 217], and further ordered that Colonel Nicholson have notice to attend at the same time.

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

Virginia.

Mr. Corbin about his memorial concerning Col. Jennings.

Letter to be writ to Col. Nott on that subject.

Mr. Corbin attending [fo. 216], acquainted their lordships that Colonel Nicholson being sick, he could not attend the Board about the business of Colonel Jennings as directed; and therefore he prayed their lordships to proceed upon the memorial concerning Mr. Jennings, presented to the Board the 11th instant; whereupon their lordships agreed to write to Colonel Nott, that it was their opinion that the nomination of all the clarks of the County Courts of Virginia was in the Secretary only, and that the Councill there ought not to intermeddle therein except in cases of misdemeanors.

New Yorke.

Mr. Bridger's observations on Mr. Caleb Heathcote's letter about naval stores.

New England.

Wool cards exporting thither.

Mr. Bridger attending [fo. 216], presented to their lordships his observations upon Mr. Caleb Heathcote's letter relating to naval stores, mentioned in the minutes of the last meeting, which was read, and their lordships resolved [fo. 220] to take the same into consideration to-morrow morning. Mr. Bridger then acquainted their lordships that there were great quantities of wooll cards and other materials for manufacturing of wooll getting ready to be sent to New England [fo. 262], and promised in a little time to give their lordships a further account thereof in writing.

New Yorke.

Mr. Byerly about his petition.

Letter to Mr. Lowndes with opinion of the Board thereupon.

Mr. Byerly attending [fo. 216], and his petition to the Lord Treasurer, mentioned in the minutes of the last meeting, being read, several questions were asked him thereupon; he said that the charges in prosecutions upon seizures were very great, which formerly used to be defrayed out of the produce of the whole seizures before any division made thereof, but that the Lord Cornbury had lately made an Order in Councill that the said charges should be paid out of her Majesty's thirds of the said seizures; whereupon ordered [fo. 220] that the secretary write to Mr. Lowndes, offering the opinion of this Board that there ought to be no more than one-third of the charges deducted out of her Majesty's third of the produce of seizures, and that the remainder of the charges ought to be born proportionably by the other parties concerned.

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

Proprieties.

Letter from Mr. Secretary Hedges about draught of a Bill for uniting the Charter Governments to the Crown.

Answer.

A letter from Mr. Secretary Hedges, dated yesterday, inclosing the draught of a Bill relating to the Proprietary and Charter Governments in America, for such alterations and observations thereupon as their lordships shall think proper, was read; whereupon their lordships took the said draught of a Bill into consideration, and signed a letter returning the same to Mr. Secretary with some alterations accordingly.

Bermuda.

Copy of heads of complaints against Jones given Mr. Bradshaw for answer.

Several heads of complaints against Mr. Jones, secretary and provost marshall of Bermuda [fo. 214, 227], having been collected according to the minutes of the 13th instant, were laid before the Board, and a copy thereof ordered to be delivered to Mr. Bradshaw, who appears in behalf of the said Jones, for his answer thereunto.

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

New York.

Answer to Mr. Lowndes' letter upon Mr. Byerly's petition to be prepared.

Mr. Lowndes's letter with Mr. Byerly's petition relating to her Majesty's thirds of seizures in New Yorke (mentioned in the minutes of the 14th instant) being again read [fo. 218], their lordships gave directions to the secretary for answering the same.

As likewise to that upon Mr. Caleb Heathcote's letter about production of naval stores.

Another letter from Mr. Lowndes [fo. 217], with one enclosed from Mr. Caleb Heathcote of New Yorke to the Lord Treasurer, relating to the producing naval stores in that province (mentioned also in the minutes of the 12th instant), being again read, their lordships gave directions [fo. 224] for preparing an answer thereunto.

Trade.

Mr. Burridge with a memorial from merchants of Exeter about the Emperor's prohibition of serges, &c.

Mr. Robert Burridge (a member of Parliament) attending, presented to the Board a memorial from several merchants of Exeter and parts adjacent, complaining that the Emperor did, three or four years ago, prohibit the importing into Austria and the country Inn any perpetuanas or serges, and that he is now going to prohibit also the importation of other whites and mixt serges into those parts, and praying their lordships' consideration thereof, that such measures may be taken as may be proper for redressing the said gievance (sic), was read; whereupon their lordships agreed to pray Mr. Secretary Harley to move her Majesty [fo. 224, 289, 290] that a copy thereof be sent to Mr. Stepney at Vienna, with orders to make application to the Imperial Court for redress of that grievance, as also another copy to the Emperor's Envoy Extraordinary and Commissary of Commerce, desiring their interposition with the Emperor that the said prohibition may be revoked, and that no such restraint be put upon the English manufactures and the trade of this kingdom.

Miscellanies.

Accounts of petty expences.

The secretary laid before the Board his account of petty expences amounting to 18l. 10s. 9d.

The Stationer's bill amounting to 18l. 16s. 0d.

The Post officer's bill amounting to 71l. 1s. 1d.

Letter to Lord Treasurer therewith.

being all for one quarter of a year from Michaelmas, 1705, to Christmas following, amounting in the whole to one hundred and eighty pounds seven shillings and ten pence; whereupon a letter to the Lord High Treasurer, desiring his lordship's directions for payment of the said accounts, was signed.

February 21. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen.

Newfoundland.

Representation about fishing admirals' sending home journals, &c.

A representation for inforcing the execution of a clause in the Act of Parliament past in 1699 for incouraging the trade to Newfoundland, directing the fishing admirals to keep journals of all transactions relating to the fishery, and to transmit the same to her Majesty's Privy Councill, was drawn up and signed.

Commons' address to her Majesty.

Copy of the address of the House of Commons to her Majesty, relating to the trade and fishery of Newfoundland, was read.

New England.

Connecticut.

Sir H. Ashhurst for copies of papers.

Sir Henry Ashhurst attending, presented to the Board a memorial praying for copies of some papers sent from Colonel Dudley relating to Connecticut [fo. 180, 196, 223], which was read, and their lordships promised to give him an answer thereto to-morrow morning.

Rhode Island.

Mr. Wharton to attend.

Ordered that a letter be writ to Mr. Wharton [fo. 195, 224], to attend the Board to-morrow morning.

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

New England.

Connecticut.

Sir H. Ashhurst's memorial.

The memorial from Sir Henry Ashhurst [fo. 222, 226], mentioned in the last minutes, was again read, whereupon their lordships agreed to desire Sir Henry Ashhurst, the first time he shall come to the office, to shew their lordships the powers he has to act as agent of the colony of Connecticut. And their lordships further agree to demand the same thing of all persons that shall appear as agents for any of the Plantations.

Trade.

Virginia.

Letter from Mr. Secretary Hedges referring a memorial from Col. Quary about tobacco trade.

Merchants to attend.

A letter from Mr. Secretary Hedges of this date, referring to the Board a memorial from Colonel Quary to the Lord High Treasurer, relating to the present state of the tobacco plantations and the ill management of that trade, was read; and thereupon ordered that Major Yates, of Bristoll, Mr. Clayton and Mr. Johnson, of Leverpoole, Mr. Perry, Mr. Haistwell, Mr. Corbin, Mr. Hyde and other Virginia merchants, be desired to attend the Board on Monday morning next [fo. 225].

Trade.

Letter to Mr. Secretary Harley with copy of Mr. Burridge's memorial about the Emperor's prohibiting serges, &c., in Austria.

A letter to Mr. Secretary Harley inclosing to him a copy of a memorial presented to their lordships by Mr. Burridge [fo. 221, 289, 290], relating to the Emperor's prohibition of our perpetuanas and serges in Austria and the country of Enn, as directed in the minutes of the 20th instant, was signed.

New York.

Letter to Mr. Lowndes in answer to his about Mr. Heathcote's proposal about naval stores.

A letter from the secretary to Mr. Lowndes in answer to his of the 4th instant [fo. 220], relating to Mr. Caleb Heath cote's proposal of providing certain quantities of naval stores at New Yorke, was agreed and ordered to be sent.

Connecticut.

Copy of proceedings of Commissioners about Mohegan Indians given to Mr. Wharton.

Mr. Wharton attending [fo. 222], and desiring he might have a copy of the proceedings of the Commissioners appointed by her Majesty to make inquiry into the complaints of the Mohegan Indians against the government of Connecticut; ordered that a copy be given him accordingly.

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

Newfoundland.

Papers received from the House of Commons.

The secretary acquainted their lordships that he had received back from the Clerks of the House of Commons the papers which were sent to the Committee for Newfoundland the 31st of the last month [fo. 190], in pursuance of the order of that House of the 21st instant, together with four other papers which had been presented to the said Committee, which papers are as follows, vizt.:
The representation of several of the soldiers lately returned from Newfoundland against Captain Lloyd.
Mr. Jackson the minister's representation of the state of the garrison, the state of the trade, and the abuses committed therein
Mr. Cummings's remarks concerning Newfoundland.
Mr. Roop's proposal for security of Newfoundland during the winter season.

And thereupon ordered that the secretary of this Board give the said clerks a receipt for the said papers, as also a gratuity of three guineas for their trouble.

Trade.

Virginia.

Merchants about Col.

Quary's memorial about tobacco trade.

Several extracts of the said memorial to be made for the observations of the merchants of Leverpoole, B[r]istol, &c.

Mr. Clayton, Mr. Johnson, members of Parliament for Liverpool, Colonel Nicholson, Mr. Perry, Mr. Hyde, Mr. Haistwell, Mr. Millner, and several other Virginia merchants attending [fo. 223], the memorial of Colonel Quary referr'd to this Board by Mr. Secretary Hedges's letter of the 22nd instant, and mentioned in the minutes of the last meeting, was read; and these gentlemen not agreeing amongst themselves about the time for the convoy's departure for Virginia and Maryland, nor whether one or two convoys a year should be appointed for that service: Ordered that an extract of the said memorial be sent to Mr. Clayton and Mr. Johnson, to be communicated to the town of Leverpoole [fo. 283]; the like extract to Colonel Yates, to be communicated to the city of Bristoll [fo. 282]; the like to Mr. Isaac Millner, to be communicated to the town of Whitehaven [fo. 260]; and the like to Colonel Blakiston, to be communicated to all the Virginia and Maryland merchants here in town [fo. 231], for their proposalls thereupon.

Trade.

Virginia.

Reference from Mr. Secretary Harley upon petition of merchants, &c., about manufacturing tobacco Muscovy.

Mr. Clayton then presented to their lordships a petition to her Majesty from several merchants, planters and manufacturers of tobacco, relating to the manufacturing of tobacco in the dominions of the Czar of Muscovy [I. fo. 410], with a reference from Mr. Secretary Harley thereupon, dated the 22nd instant, which was read, and a copy thereof ordered to be sent to Mr. Haistwell and persons concerned in the trade to Muscovy [fo. 237], for their answer thereunto.

Connecticut.

Extract of Letter from Col. Dudley delivered to Sir H. Ashhurst.

Sir Henry Ashhurst attending [fo. 223], an abstract of paragraph R of Colonel Dudley's letter of the 25th of July last, relating to the colony of Connecticut's not furnishing their quota of assistance to the Massachusets Bay, was delivered to him.

Bermuda.

Mr. Nodin about complaints against Jones.

Letter to Mr. Bradshaw to hasten his answer.

Mr. Nodin attending [fo. 219], and desiring their lordships' dispatch upon the complaints exhibited against Mr. Jones, secretary and provost marshall of Bermuda, ordered that a letter be writ to Mr. Bradshaw [fo. 235] to hasten his answer to the heads of complaints against the said Jones delivered to him the 19th instant.

Newfoundland.

Letter to Mr. Secretary Hedges about Commadore's commanding at land.

A letter to Mr. Secretary Hedges [fo. 215], relating to the Commadore of the Newfoundland convoy's commanding at land during his stay in those parts, and relating to arms to be sent thither, was signed.

February 26. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Newfoundland.

Memorial from Mr. James Campbell about the agent for prizes being debarr'd from trading.

Answer.

Mr. James Campbell presented to their lordships a memorial containing reasons why the agent for prizes at Newfoundland ought not to be debarr'd from trading, which was read; whereupon Mr. Campbell was acquainted that the Board having already given their opinion that the said agent ought to be restrained [fo. 215], and her Majesty having approved thereof [vide infra], they did not think fit to make any alteration therein.

Copies of four orders on representation relating to Newfoundland.

The copies of four Orders of Councill of the 14th instant [fo. 215], upon a representation of the same date, relating to Newfoundland, approving the same and giving directions accordingly, were read.

Pennsylvania.

Copy of an Order of Councill repealing several laws.

The copy of an Order of Councill of the 7th instant [fo. 172] upon a representation of the 17th of the last month upon the laws of Pennsylvania, repealing several of the said laws according to the said representation, was read.

New England.

Letter from Mr. Burchet about convoys for mast ships.

A letter from Mr. Burchet, signifying that the convoys for the New England mast ships will sail from Spithead about three weeks or a month hence, was read.

Newfoundland.

Petition of Mr. Jackson, late minister, to be heard upon complaints against him.

A petition from Mr. Jackson, late minister at Newfoundland, desiring to be heard upon the complaints that had been made to this Board against him, was read; and thereupon ordered [fo. 230] that all the papers in this office relating to the said Mr. Jackson be look'd out and laid before the Board.

Affidavit of soldiers against Capt. Lloyd.

Copy thereof and other complaints to be sent Mr. Secretary Hedges.

An affidavit of the soldiers in town, lately arrived from Newfoundland, against Captain Lloyd [fo. 202, 259], in answer to the letter writ to Lieutenant Moody the 8th instant, was read; and thereupon ordered [fo. 232] that a copy of the said affidavit, as also of any other complaints that have lately been brought to this office against Captain Lloyd, be sent to Mr. Secretary Hedges.

Virginia.

Letter from Col. Nott.

Extract sent to Col. Nicholson.

A letter from Colonel Nott, Governor of Virginia, dated the 24th of December last, was read; and thereupon ordered that copy of paragraph M, relating to the seating of Blackwater Swamp, be sent to Colonel Nicholson for his opinion thereupon. The papers referr'd to in the said letter are as follows:—
Publick papers, &c.
The Auditor's account of the two shiling per hhd. &c. from 20th July, 1705, to the 25th October following.
Colonel Allen's representation to Colonel Nott relating to his place of naval officer, desiring to be continued therein.
Depositions of the seamen of the ship Thomas and John relating to the murder of Valentine Arrison by the master of the said ship.
Minutes of Councill of the 15th October, 1705, to the 30th November following.
Minutes of Councill in Assembly from the 23rd October, 1705, to the 30th November following.
Minutes of Assembly from the 23rd October, 1705, to the 30th November following.

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

Leeward Islands.

Col. Park about stores of war.

Letter to the Board of Ordnance.

Colonel Parke attending, acquainted their lordships that having made application to her Majesty for stores of war for the Leeward Islands, that matter had been referr'd by the Secretary of State to my Lord Treasurer, whose answer thereupon was, that the Leeward Islands had already more of the said stores sent them than their proportion of the 4½ per cent. could pay for; whereupon their lordships writ a letter to the Board of Ordance, desiring to know what stores of warr have been sent to the Leeward Islands since those sent thither from the Board of Ordnance the 27th of March, 170¾.

Newfoundland.

Papers of complaint against Mr. Jackson sent for his answer.

Their lordships took into consideration several papers of complaints against Mr. Jackson, late minister at Newfoundland [fo. 228], and ordered the same to be copyed and sent to him for his answer [fo. 246]. The said papers are:
Affidavit of Michael Clark against Mr. John Jackson, chaplain to the Fort at St. John's in Newfoundland.
Letter from Mr. Spann &c. to Commadore Bridge relating to a tryal between Mr. Collin Campbell and Mr. Jackson about a house &c., and to Mr. Jackson's refusing to comply with the verdict of the Court.

February 28. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Virginia.

Col. Blakiston. convoys.

Colonel Blakiston attending [fo. 226], acquainted their lordships that he had been with the Virginia merchants, in pursuance of a letter writ him the 25th instant, but that he did not finde they were like to come to any agreement amongst themselves in relation to convoys; however, they would in a short time give their opinions in writing [fo. 260]; whereupon he was desired to quicken them, that their lordships might come to a speedy determination therein.

Virginia.

Letter from Col. Nott.

Answer.

Col. Nicholson to attend.

A letter from Colonel Nott, of the 24th of December last, was read, and directions given for preparing an answer thereto [vide infra], as also to another letter of the same date, read the 26th instant; and further ordered that Colonel Nicholson have notice to attend the Board to-morrow morning.

Letter from Col.

Jennings.

A letter from Colonel Jennings, secretary of Virginia, dated the 18th of December last, was read.