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| May 23. |
337. Attorney General to the Council of Trade and
Plantations. I have considered of the Petition of Peter Van
Bell [see March 9, May 16], and am of opinion if that Court was
held under the late King's Commission for governing the Leeward
Islands, as the Petitioner takes it to be, alledging that the
President and Councill had power only to appoint, but not to
sitt themselves as a Court of Admiralty, or if the sentence was
given by the President and Councill of Nevis as the Councill
there, in both cases the Appeale ought to be to H.M. in Councill,
but if the President and Councill held a Court of Admiralty,
by authority derived from the Admiralty of England, the Appeale
is to be to the Court of Admiralty in England. And soe it was
lately determined by H.M. in Councill. Signed. Edw. Northey.
Endorsed, Recd. Read May 31, 1704. 1 p. Enclosed, |
|
337. i. Copy of Petition of Peter Van Belle. [See March 9.]
2¾ pp. [C.O. 152, 5. Nos. 71, 71.i.; and 153, 8.
pp. 306–311.] |
May 23.
Whitehall. |
338. Council of Trade and Plantations to Lt. Gov. Usher.
We have received yours of Dec. 30, Jan. 19, Feb. 19, Feb. 25
and one without date. All these letters contain mostly the same
matter over and over again, and in such a method as renders them
very difficult to us to understand. Wherefore we must advise you
for the future only to write plaine matter of fact, and in such a
manner as may be less obscure. In answer particularly to what
you write relating to Col. Dudley, we must acquaint you that
when he is in the Province of Massachusetts Bay he is not to be
look'd upon as out of his Government, and therefore you ought
to consult him upon all occasions and to obey his directions, he
being Governor in Cheif, and you must not take upon you to
dissolve Assemblys contrary to his directions, since your doing
so may prove of ill consequence to H.M. service. Upon this
advice we do not doubt but that you will endeavour to behave
yourself kindly and respectfully towards him and jointly with
him contribute your best endeavours towards everything that
may tend to the safety and peace of the Province and to the
carrying on of H.M. service there. [C.O. 5, 911. pp. 328, 329.] |
| May 23. |
339. Jeronimy Clifford to the Council of Trade and
Plantations. The enclosed letter has had no effect. Prays for
the consideration of his case (Feb. 10). Signed, Jer. Clifford.
Endorsed, Recd. Read May 31, 1704. ¾ p. Enclosed, |
|
339. i. Jeronimy Clifford to Samuel Shippard, Jacob Oosterland,
John Gardner. May 18. I am made a prisoner in
the Fleet by the devises of my adversaries. Prays
for the speedy despatch of their report on his accounts,
etc. Copy. 2 pp. [C.O. 388, 75. Nos. 90, 90.i.;
and (without enclosure) 389, 36. pp. 188–192.] |
May 23.
Whitehall. |
340. Wm. Popple, jr., to Wm. Lowndes. Encloses Act of
the Massachusetts Bay for establishing a Naval Office. The
Council of Trade and Plantations desire you to move the Lord
High Treasurer that they may have the opinion of the Commissioners of H.M. Customs. [C.O. 5, 911. p. 305.] |
May 23.
Whitehall. |
341. Council of Trade and Plantations to Governor Lord
Cornbury. Since ours of March 17 we have received one from
your Lordship of Dec. 18. We must remind your Lordship
of what we writ you Jan. 26, 1702/3, upon the Acts past at New
Yorke during the Earl of Bellomont and Captain Nanfan's
Government, to which it is necessary your Lordship[s] return us
speedy answer. Mr. Thrale, your late Agent, having presented
to us a Memorial desiring a supply of stores of war for New York,
we desire your Lordship, in order to the better enabling us to lay
the same before H.M., to give us a particular account of the
species and quantitys of what is wanting and of the places for
which the said stores are desired. [C.O. 5, 1120. pp. 105, 106.] |
May 23.
Philadelphia. |
342. J. Moore to Governor Nicholson. [See June 6.] In
obedience to your letter of April 8, I enclose copys of what has
hitherto past in our Assembly; by them yr. Excellency will
perceive the unhappy state of this place, and ('tis thought) they
will break up without doing any business, the Proprietor having
clogg'd the Lt. Governor's Commission wth. his own finall assent
to all Laws, but this is uncertain. We have now on the Anvill
the old project of a — Militia, to answer the Governmt. at
home: but of that and what elce is doing here, I refer your
Excellency to Mr. Alexander Paxton (that goes home in the
fleet), and is able (if required) to give a naked state of the countrey.
The Assembly of New Jersey are to meet the middle of next
month. I hope in God the 2 men of war are arriv'd, and that
you'll receive good news in them. etc. Signed, J. Moore.
Endorsed, Recd. 9th, Read Aug. 22, 1704. Holograph. 2 pp.
[C.O. 5, 1262. No. 84.] |
May 23.
Maryland, Annapolis. |
343. Governor Seymour to the Council of Trade and
Plantations. It was Aprill 10 ere a most uncomfortable, tedious
winter passage of neare 7 months (in which wee were for a long
tyme reduced to ye poor allowance of one pint of water each day)
permitted my arrivall here in H.M.S. Dreadnought. So soon as I
arived I summoned the Members of H.M. Councill, and on April 12
caused H.M. Commission to me to be published in the Court House.
Capt. Evans, the Commodore of the Virginia and Maryland
fleets, assuring me that his orders were positive to sail the last
of Aprill, beyond which tyme he was resolv'd not to tarry, though
the Trade should not be ready then to go with him, although
my long passage had prevented me of meeting the General
Assembly sooner, yet willing to convince your Honourable Board
of my most ready obedience to H.M. royal commands and
instructions, and your Lordships' directions, I endeavoured to
convene the General Assembly then on foot at this place Aprill 25,
but it was the 26th before I could get a sufficient number to
make up an House, and then but a very thinn one, their mercantile
affairs in so great an hurry and the staple of this Province being
so much later than that of Virginia, necessarily requiring everybody's presence at home to dispatch their respective concerns
therein, in which H.M. service and interest is not also a little concerned. Upon the opening of the Session I enquired upon what foot
the present Assembly stood, and was surprized to find that they
had been of above three years, and summoned by the authority
of his late, and not of her present Majesty, thô this the 3d year
of her reigne. By which I was cautioned not to make use of
them any further than the present exigency of Affairs required;
However, I press'd them to answer such of H.M. Instructions,
which I was directed to lay before them, and they required to
answer and assist me in. [See Journal of Council, etc.] Your
Lordships will find by the Laws transmitted that H.M. Instruction
relating to the oath for better securing the Succession etc. has
been readily answered by this Assembly, who have thô late
most affectionately recognized H.M. Instruction concerning
guifts to her Governors. I laid before them H.M. Royal
Instructions and your Lordships' explanatory observations on
enacting Laws were laid before the Assembly, who have given
due regard and complyance thereto in the transactions of this
Session. The revising the Laws is of so great weight and concerne,
that less than several weeks will not suffice for that worke;
Therefore the Assembly have humbly pray'd to be excused at
this juncture, and I humbly beg your Lordships will be satisfied,
that as I have not been unready to enter upon that service, so I
shall heartily use my endeavours upon our next Meeting (which
I hope will be in Sept.) to compleate that Injunction so strictly
incumbent on me. I have not been able yet to see, but upon the
best inquirys find the Militia at present very ill regulated and
unserviceable, and althô the present Act therefore may seeme
to answer H.M. Instruction that all Planters and Christian
servants be fitly armed and obliged to muster, trayne and serve
therein; yet Experience shews it is not practicable here through
several defects, some in the principles of the people (especially
the Quakers) and otherwise in the poverty of many not being able
to provide themselves arms and ammunition; To ye redressing
this misfortune I shall zealously apply myselfe on our next
meeting, and am not without hopes but that then such proper
measures may be concerted which will render them not only of
better defence and service to H.M. and the Country; but likewise easier to themselves in that service, and their mayne affaire
of cropps not neglected. I proposed to the Assembly the making
an Act for punishing mutiny, dissertion and false musters, which
they have pray'd may be referr'd to their next Meeting; And
I hope the little tyme I have been upon the spott will plead my
excuse that I have not yet procured and transmitted the amount
of the publique stores of arms and ammunition, which has been
impossible for me to get (thô I have given the strictest orders
therein) they being lodged in severall hands at great distance;
but I will take effectuall care this Injunction shall be punctually
comply'd with. As to a Generall Survey of the whole Province
and every County, or a particular survey of all ye landing places
and harbours, I have recomended it to ye Assembly, who
seeme not very forward by reason of the great Expence and
Trouble, and have referr'd the consideration thereof to ye next
Assembly, with other of H.M. Instructions. Thus far in
obedience to H.M. Royal Instructions which I am commanded to
communicate to the Assembly for their advice and assistance;
but now as to those which are more imediately to my selfe and
H.M. honble. Council here, your Lordships by the Journal of the
Council may see that I have not neglected, but used my utmost
dilligence to do my duty in an exact complyance with all and
every of them, wou'd ye shortness of the tyme have admitted it;
And it is not without much regrett and disappointment that I
have not been able to have all ye publique Accounts regularly
stated and transmitted to your Lordships, as well as the list of the
inhabitants required in my Instructions, which I will not fail
of doing by the first happy opportunity. My arrivall here
happening at a very busie tyme, not only in reguard of the
Dispatch of the shipping but in that the Provinciall Court which
was appointed April 25 cou'd not be farther adjourn'd than
May 16, hath much straigthned me as well as the respective
Officers in point of tyme to comply with our several dutys by ye
present shipping, yet hope your Lordships will favourably accept
of the best endeavours I have been capable of performing in so
short a space. After the many misfortunes and inconveniencys
I suffered by my long passage, Mr. Thomas Tench who presided
here in H.M. Council, being a craving person and not satisfyed
with the advantage of the best part of 1,000l. sterl. (which my
ill fortune in being so long on my passage hither presented him
with) and althô my Commission passed Feb. 12 last was twelve
months, still insists upon a moyety of the 12d. per hhd. for what
tobaccoes were on board the shipps here at my arrivall, thô not
to be cleared until two months after, which I humbly hope your
honourable Board will not think reasonable, and beg you will not
countenance his pretensions thereto, who has already gained
so much by my misfortunes with little or no charge or trouble
to himself, or hindrance of his private concerns. Sir Thomas
Laurence, H.M. Secretary of this Province, finding himself much
impaired in his health, and uneasye in his Office, the Assembly
refusing to continue to him the benefit of the ordinary lycenses,
and having made application to my selfe and H.M. Council for
leave to goe for England, leaving a sufficient Deputy well qualified
to execute his Office, has offered his service to take care of ye
Journals and publique pacquetts from this Government and,
God willing, will wth. Col. Blakiston, our Agent, wayte upon
your Lordships to present them. etc. Signed, Jo. Seymour.
Endorsed, Recd. 9th, Read Aug. 23, 1704. 6 pp. Enclosed, |
|
343. i. Transcript of the Journal of the Committee of Accounts,
May, 1704. Endorsed, Recd. Aug. 9, 1704. 20 pp.
[C.O. 5, 715. Nos. 78, 78.i.; and (without enclosures)
5, 726. pp. 288–296.] |
May 23.
Whitehall. |
344. W. Popple, jr., to Samuel Gardner etc. Encloses
Mr. Clifford's account. The Council of Trade and Plantations
desire your report (March 2) as soon as conveniently you can.
[C.O. 389, 36. p. 187.] |
May 23.
Whitehall. |
345. Council of Trade and Plantations to Governor Seymour.
Since ours of March 17, we have heard from Sir Bevill Granville
that you had been forced from the coast of Virginia to Barbados,
and giving us an account of the hardships you had undergone,
for which we are heartily sorry. And we hope that long before
this you are safely arrived in your government. Upon our
considering the Laws of other Governments, we find it absolutely
necessary to remind you of that Instruction which directs you
to send over a compleat collection of all the Laws of Maryland
now in force; which therefore we desire you to send over with
all possible dispatch. [C.O. 5, 726. pp. 281, 282.] |
| May. 24. |
346. Abstract of Complaints against Governor Nicholson.
Presented to the Board by Mr. Blair. Endorsed, Recd. Read
May 24, 1704. 4 pp. [C.O. 5, 1314. No. 18; and 5, 1360.
pp. 471–475.] |
May 24.
Treasury Chambers. |
347. Wm. Lowndes to Mr. Popple. Returns. Act for settling
the public Revenue of Jamaica [May 19] with the Lord High
Treasurer's observations thereupon. Signed, Wm. Lowndes.
Endorsed, Recd. Read May 26, 1704. ¾ p. Annexed, |
|
347. i. Observations of the Lord High Treasurer upon the
Act of Revenue of Jamaica. (1) If the goods be
reshipt within 12 months, the Receiver is to pay back
half the Customs at the rates mentioned, whereas it
should be half the neat money by him recd. after the
deductions made. (2) There is a penalty for running
the goods after sunset, and before sun-rising, but there
is no provision made in the Bill for goods run in the
day-time. (3) The goods of new settlers are discharged
from all duties. Quere. Whether that exemption
should not be restrained only to the duties granted by
this Act. (4) There is a proviso that the merchant
shall pay duty for no more than he sell or disposes of
within the Island. Quere. Whether the charge is to be
made upon the importation or the sale, and if upon
the latter how can the duty be ascertained, and
whether the goods imported and exported again without
being sold or disposed in the Island will be discharged of the whole by the Proviso or of half by the
preceeding clause, for they seem to be repugnant.
¾ p. [C.O. 137, 6. Nos. 48, 48.i.; and 138, 11.
pp. 271, 272.] |
May 24.
Barbados. |
348. Governor Sir B. Granville to the Council of Trade and
Plantations. A packet-boat arrived here from England the
21 inst., and was very welcome to us, we having bin without
one for above 3 months past, and thô it brings letters of Aprill 13
I have the honour only of one from your Lordships, Feb. 16.
I doe enclos'd send the list you order me in relation to Councellours
and do submitt it to you as of persons every way the best
qualify'd of any upon this Island for that trust. I shall govern
myself with great exactness in relation to the Spaniards according
to my Lord Nottingham's directions, and shall carefully observe
those other commands you send me in relation to the private
ships of warr, my Lord High Admirall's tenths and dues. I am
very sensible of all your Lordships' favour to me in the report
you make to H.M. about the house rent settled here, and I doe
return the greatest acknowledgements for it. By this ordinary,
I send such Acts as have been pass'd, as also the Minutes of the
Councill and Assembly from which you will be better able to
judge of the present state of this place then from any generall
account I can give. A fleet of severall merchant ships are here
loaden ready to sail for England and will depart in a day or two.
The French Privateers are buisy about us, and will continue to
do us mischief without such ships be nimbler saylors then those
we usually have, to which I must add that three men of war are
necessary to protect all the trade of this place. There being a
report which is come from the Maderas of a squadron of French
men of war gon by that place for Martinique, I have sent out a
spy boat to look into all their ports, as also at Guadaloup. I was
in hopes it might have return'd in time for me to have given
an account by this ordinary but I still expect her. Signed,
Bevill Granville. Endorsed, Recd. 5th, Read Aug. 23, 1704.
Holograph. 3 pp. Enclosed, |
|
348. i. List of persons qualify'd to fill vacancies in the
Council:—Abel Alleyne, William Cleeland, James
Colleton, John Mills, Wm. Holder, Alexander Walker,
John Holder, Middleton Chamberlin, Robert Gibbs,
Edward Burk, William Battyn, Joseph Pickering.
Endorsed, Recd. Aug. 5, 1704. ½ p. |
|
348. ii. Account of prizes condemned in Barbados. 11 ships
and sloops, 5 of which were wholy delivered into the
Captors' hands according to the Act of Barbados for the
encouragement of privateers, Nov., 1701. James
Hannay, Marshall of the Court of Vice-Admiralty.
Endorsed as preceding. 1 large p. |
|
348. iii. An abstract of prizes condemned in the Court of
Vice-Admiralty, Barbados, since the present war.
(See Nov. 26, 1703.) Signed, Nich. Sayers, Registrar.
Same endorsement. 2½ pp. [C.O. 28, 7. Nos. 33, 33.i.–iii.
(and memoranda); and (without enclosures) 29, 8.
pp. 455–461.] |
