America and West Indies: October 1704, 24-31

Calendar of State Papers Colonial, America and West Indies: Volume 22, 1704-1705. Originally published by His Majesty's Stationery Office, London, 1916.

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'America and West Indies: October 1704, 24-31', in Calendar of State Papers Colonial, America and West Indies: Volume 22, 1704-1705, ed. Cecil Headlam( London, 1916), British History Online https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol22/pp293-303 [accessed 2 December 2024].

'America and West Indies: October 1704, 24-31', in Calendar of State Papers Colonial, America and West Indies: Volume 22, 1704-1705. Edited by Cecil Headlam( London, 1916), British History Online, accessed December 2, 2024, https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol22/pp293-303.

"America and West Indies: October 1704, 24-31". Calendar of State Papers Colonial, America and West Indies: Volume 22, 1704-1705. Ed. Cecil Headlam(London, 1916), , British History Online. Web. 2 December 2024. https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol22/pp293-303.

October 1704, 24-31

Oct. 24.
Whitehall.
617. Council of Trade and Plantations to Governor Sir B. Granville. A Petition having been presented to H.M. by Mr. Foulerton [see July 6], H.M. has directed us to send you a copy, and to take notice of the delays and obstructions of justice complained of by the Petitioner, and require you to take care that the administration of justice be expedited in the Petitioner's case and in all others as the Law directs, and to signfy to you H.M. pleasure, that if Thomas Maycock do by means or under the protection of any office he may enjoy, continue to impede or obstruct the course of justice in the present case, you do then suspend him from such office, and particularly that of Judge, untill ye cause or causes in which ye said Maycock and ye Petitioner are concerned shall be determined. [C.O. 29, 9. pp. 67, 68.]
[Oct. 24.] 618. Henry Furnesse to the Council of Trade and Plantations. Prays for directions to finish the Seals begun for the Plantations by his grandfather, Henry Harris. Endorsed, Oct. 24, 1704. 1 p. [C.O. 323, 5. No. 64; and 324, 9. p. 37.]
Oct. 26.
St. James's.
619. Order of Queen in Council. Referring enclosed petition to the Council of Trade and Plantations to report what they conceive fit for H.M. to do thereupon. Signed, John Povey. Endorsed, Recd. Oct. 31, Read Nov. 2, 1704. 1 p. Enclosed,
619. i. Petition of Richard Bayly and other merchants of Bristol to the Queen. Their ship, the Expectation, did in May last sayle for Virginia under ye West India Convoy, there to load tobacco and return for Bristol. They fear an embargo which will not only endanger the loss of the ship by the worms, but also the lives of the saylors by the seasoning of the country, or by returning in a leaky ship, beside other great losses to petitioners. Pray for an Order that yt. ship may have liberty to return as was granted to the Tyger. Copy. 1 p.
619. ii. Report of H.R.H. March 18, 1704. that the Tiger be permitted to return from Virginia. "When such embargoes are layd in Virginia it is done without the authority and order of the Lord High Admirall." Signed, George. Copy. 1 p. [C.O. 5, 1314. Nos. 32, 32.i., ii.; and 5, 1361. pp. 34–36.]
Oct. 26.
Bermuda
620. Lt. Governor Bennett to W. Popple. Encloses copyes of papers sent Aug. 12, etc. Signed, B. Bennett. Endorsed, Recd. Feb. 12, Read March 6, 1704/5. Addressed. Holograph. Postmark. 1 p. Enclosed,
620. i. List of Commissions (15) granted by Lt. Governor Bennett, July, 1701—June, 1704. 1 p. [C.O. 37, 7. Nos. 4, 4.i.]
Oct. 26.
African House.
621. Royal African Company to the Council of Trade and Plantations (Oct. 19). In Nov. 1702 the French with two ships surprized and took their fort called James Fort in the River of Gambia, and pillaged the same. Capt. Daniel Johnson, whom the Company intrusted with their ship the St. Christopher, was at the same time with a considerable cargoe trading up the River Gambia, and at his return finding the Companies fort had been plundered by the French, he combining with one Humphry Chisnull, another of the Company's servants, ran away with said ship and cargoe with such slaves, teeth and wax, which he had traded for as aforesaid, to his Father at Bermudas, where he sold most of the slaves, teeth and wax, and converted their product to his own use, and afterwards burnt the St. Christopher at Turks Island. The Company so soon as they heard Johnson was runn away with their ship, sent letters to all the Islands in the West Indies, where they hoped to meet him, upon notice of which the Governor of Bermudas seized him, and by H.M. order sent him home a prisoner, but he made his escape in the night out of the ship that brought him to a port in England. Since which the Company at their great expence have seized Johnson, and intend to prosecute him for his crimes. They never trade to Carolina, nor ever intended the St Christopher should be carryed thither with slaves or any other comoditys whatsoever. And further to satisfy their Lordships in the truth of the perticulars above recited, they herewith also send a copy of an affidavit made by one that was present with said Johnson at Bermuda and other places in the West Indies. If their Lordships will please to send copies of the affidavits mentioned in Sir N. Johnson's letter, perhaps they may give them some further light into Johnson's evill practices. Signed, John Perry, Secry. Endorsed, Recd. Read Oct. 27, 1704. 1 p. Enclosed,
621. i. Affidavit of Wm. Norris referred to in preceding. 1½ pp. [C.O. 5, 1262. Nos. 89, 89.i.; and 5, 1291. pp. 61–67.]
Oct. 26.
Whitehall.
622. Council of Trade and Plantations to the Lord High Treasurer. Pray for directions in the matter of the seals for the Plantations [see Oct. 24]. [C.O. 324, 9. pp. 38, 39.]
Oct. 26.
Whitehall.
623. Council of Trade and Plantations to the Queen. In obedience to your Majesty's commands [July 1 and Sept. 21], we have proceeded as far as possible in the examination of that whole matter in order to the presenting a Report thereupon to your Majesty, as soon as the nature of the business will permit. But whereas in the course of our enquiry we do find that the late disorders in Barbados, which have given rise to these complaints, have been occasioned by an usage or custome in that Island, requiring 15 Members to make a quorum, the whole number of the Assembly as elected being 22, of which usage 8 of the Assembly taking advantage and intending thereby to defeat the passing of a Bill brought into the House, have wilfully contrived to absent themselves from the Assembly, notwithstanding the frequent admonitions of your Majesty's Governor and Councill, as well as of the President and Councill before the Governor's arrival, and their being censured for such absence even by those Counsellors who likewise appear in opposition to the Governour, and notwithstanding the endeavours of the major part of the Assembly to reclaim such absenting Members, and to bring them back to their duty. This evill practice having so far prevailed in Barbadoes that from Oct. 27, 1702, to Nov. 24 following, and from Jan. 7, 1702/3, to March 2 following, the Assembly was forc'd to adjourn themselves, by five severall adjournments, before the arrival of your Majesty's present Governor, and since that time so frequently that there has been and yet was at the coming away of the last packet (as appears by the Minutes of the Councill transmitted from thence) a total cessation of business in the Assembly, the absenting Members having publickly before your Majesty's Governor and Councill declared as follows, vizt. "That when any Bills were before their House that they did believe for the service of the country and your Majesty's honour, they would attend, and when they did believe the Bills to be otherwise they would again leave the House,"which implyes an unwillingness in them to trust your royal power of repealing laws in the Plantations, if unfit or unduly made; and has greatly endanger'd the safety of the Island by the discontinuance of the usual revenue and of the necessary provisions for the publick security against the will and endeavours of the major part of the Assembly, and will intirely obstruct the course and administration of the Government, which we are humbly of opinion may be in a great measure prevented for the future, by your Majesty's reducing the quorum of the Assembly of Barbadoes to 12, being the major part of the whole number, no law appearing to us upon the strictest examination to have past in Barbadoes to hinder this exercise of your Majesty's royal prerogative, by which the methods and forms of Government are established in your Plantations. And if your Majesty shall be graciously pleased to approve of this method, we humbly offer that your Majesty's pleasure herein be signifyed under your royal sign manual to your Majesty's Governor and Councill of Barbadoes to be communicated by them to the Assembly, and registred in their Books, for their guidance and direction, which we humbly conceive may hinder the like obstruction of Proceedings in the Assembly, by Members wilfully absenting themselvs, and much facilitate the expeditious transacting of affairs in the General Assembly of that Island. And whereas on this and many other occasions, we have observed the earnest and pressing endeavours of severall persons to obtain the honour of being of your Majesty's Councill in the Plantations, without the knowledge and recommendation of your Majesty's Governour, have been in order to the sheltring themselvs by the priviledge of their places from prosecutions on account of debts and for other indirect ends and purposes, we further humbly propose that your Majesty would be pleased likewise to declare by your signet and sign manual, that no Counsellors in the Plantations have or ought to have by virtue of their places any priviledge which may tend to the interrupting of justice, or to the giving them any protection to the detriment of other your Majesty's subjects in the recovery of their rights in the severall Plantations. [C.O. 29, 9. pp. 69–75.]
Oct. 26.
St. James's.
624. Order of Queen in Council. Referring back above Representation to the Council of Trade and Plantations, who are to consult Mr. Attorney and Solicitor General what method they can propose for punishing such Members of the Assembly of Barbadoes as wilfully absent themselvs from the said Assembly. Signed, John Povey. Endorsed, Recd. Read Oct. 27, 1704. ¾ p. [C.O. 28, 7. No. 56; and 29, 9. p. 76.]
Oct. 27.
Whitehall.
625. W. Popple, jr., to Mr. Attorney and Mr. Solicitor General. Encloses copy of above Order and Report with an extract of the Governor's Commission " whereby Assemblys are constituted in Barbados. The Council of Trade and Plantations desire your opinion thereupon as soon as may be, the administration of the Government there being at a stand, and the Island in great danger." [C.O. 29, 9. p. 77.]
[?Oct. 27.] 626. Mr. Roope to the Council of Trade and Plantations. The encroachments that the French have made, your Lordships are very sensible hath been a vast national loss, but now in my weak judgement there is a good opportunity of redressing it, for Placentia, the only garrison they have in this country, is weak'ned very much, for the said garrison did contain 150 men, but now reduced to 117 there, a draught of 15 sent to Quebeque, and 18 come over to our parts, who declare that the rest are generally dissatisfyed in their Governour, and both these and those that came last year, and the prisoners doe all agree that if Admiral Gryden had attack'd it, he had certainly carryed the place. It is therefore humbly offered, that if there be a competent number of ships, soldiers etc. sent early in the spring, so as to be here in March or Aprill, Placentia may be reduced and their Fishery both on the coast and bank destroyed. The Americans coming hither in shoales doe much hurt the Fishery by bringing such quantitys of rumm etc., which is so much coveted by the fishermen that they will be intoxicated with it, even in the heighth of the Fishery (which is very short) to their utter undoing, and very often also of those that employ them, to the great decay of the Fishery, and in the end of the fishing season they carry great numbers of seamen to the parts of America, which otherwise would goe for England, and so H.M. Navy would be better mann'd. The Scotts also of late do pry into this Trade, even several of them that have no familys in England, which also may be of dangerous consequence, if not timely prevented, for their men working for little wages and things in their country cheape, will be able to undersell us in fish when abroad, and so get when we loose, and so work us out of this Trade, and then in little time gett seamen and treasure, and then doe as others have done in this last age. As to the fortifications, my opinion is, that it is absolutely necessary that there be a stone fort, of about ten gunns, on a raising rocky ground, called Crawly's Battery, and is on the East side of the South Castle, by which means the said Castle will be secured from any battery that can be raised on that side, and also it will very much annoy the ships that shall pretend to enter in an hostile manner, and that there be another stone fort of like force built on the North side of the entrance of the Harbour near the North Battery, and also one of about 6 gunns on a rising ground fronting the entrance of Quide Vide, and that the gunns that are now on the open Batterys of Ringnoon, Gassicles, and North Battery, be put in those forts, and here no double-head shott, it would be needfull that there be at least 40 rounds of double-head shott for the 4 cannon of seaven that are here, and the like quantity for the four 24 pounders; and that the gunn-carriages that were cast in the survey of this year be exchanged, as also a quantity of powder and small armes, a duplicate of all which is sent by the gunner to the Office according to the survey, and that there be an armourer allow'd, for want of which many armes are spoyl'd. And that there be yearly an exact inspection into the carriage of the Commanding Officer toward the soldery, how they are paid their subsistance, and how serv'd in victualls etc., ye inspection to be made by the Commadore and the Admiralls of the Harbour in the presence of all the Masters of the fishing ships and signed by them all, for one may be byass'd when so many cannot, and this will certainly prevent so large desertion as there has lately been at Plasentia, and indeed is generally beleived would have been here if Capt. Lloyd had not been suspended and Lieut. Moody put in his place. It is also prejudicial for any Commission Officer to trade in this place or any way to intermeddle with the Fishery, for by their haughty and soldier-like way they scare (nay sometimes beat) those poor people out of their right, and they are not able to spare time or money to get redress. I have about 8 or 10 days work more to finish the boom in which shall put about 120 tunn of timber, it had been finished long since, had I had the required assistance from Capt. Lloyd, and above 70l. saved in. Signed, John Roope. Endorsed, Recd. 8th, Read Dec. 12th, 1704. 1 large p. Enclosed,
626. i. Deposition of John Roope as to Capt. Lloyd's refusing to let his men assist in fixing the bomb (boom) at St. John's. Sworn in the presence of David Roberts, Admiral, Henry Hayman, Vice-Admiral, Samuell Hayman, Rere-Admiral. Copy. Endorsed as preceding. 1 p. [C.O. 194, 3. Nos. 36, 36.i.; and (without enclosure) 195, 3. pp. 354–359; and 385–389.]
Oct. 28.
Whitehall.
627. Mr. Lewis to Mr. Popple. Mr. Secretary Harley having received information that one Frederick Gustavus Man, a subject of H.M., is brought in custody from Jamaica by Capt. Andrew Douglas, H.M.S. Norwich, desires to know whether the Captain has given any account of this man to the Council of Trade and Plantations, and if he is a prisoner of State, why the Government is not acquainted with it. Signed, E. Lewis. Endorsed, Recd. Read Oct. 31, 1704. 2 pp. [C.O. 137, 6. No. 68; and 138, 11. p. 339.]
Oct. 30.
Virginia, Williamsburgh.
628. Governor Nicholson to the Council of Trade and Plantations. Hearing of another accidental opportunity of writing for England, I send a duplicate of what I wrote the 7th inst., since which little hath happened, only concerning the Nansiatico Indians, five of which were hanged, and what is done concerning the rest of them, I humbly transmit the proceedings. Our General Court, I thank God, ended on Friday, none were condemned to dy, only one to be transported to the West Indies. I thought H.M. interest and service and likewise the Country's required my speaking to the Grand Jury, (who were all upon their oaths) about Mr. Robert Beverley's letters, the proceedings concerning him I herewith transmit. This man's actions are agreeable to the rest of the party, or rather faction: for they will not be satisfied except they can rule and do what they please, and if they are not suffered so to do, then oppression and arbitrary proceedings is their cry: and no doubt with him, if they don't succeed in what they have a mind to, they will even tax her most sacred Majesty and the Rt. Hon. the Lords of her most honble. Privy Council, as he hath done about his unfair trial, as he calls it. In his narrative (as he calls it) he hath done me the honour to joine me with the Parliament of England, and the tobaccomerchants etc. I am now every day in hopes of receiving her most sacred Majesty's Royal commands, as likewise those of your Lordships, which shal be most readily and chearfully obeyed by etc. Signed, Fr. Nicholson. P.S. I thank God that both H.M. Revenues and likewise those of the Country, are considerably in bank, and this H.M. Colony and Dominion is in peace and quietness, and that these things may so continue are the prayers to God Almighty, of Fr. Nicholson. Endorsed, Recd. 2nd, Read May 31st, 1705. 1 p. Enclosed,
628. i. Proclamation proroguing the Assembly of Virginia to April 18. Signed, Fr. Nicholson, Oct. 26, 1704. Endorsed as preceding. ¾ p.
628. ii. (a) Robert Beverley to Major David Gwyn, in Richmond County. London, Feb. 12, 170¾. Encloses following narrative" which is not the tenth part of what appears here of the designs of slavery and ruine to our poor country, and is no way to be helped but by the removal of our Duke from among us, which one true representation from our Assembly would do, nothing supporting him so much as the flattering addresses he obtains by the many inventions he uses with the Assembly, Clergy and others, bestowing promisses and offices only the better to obtain his other ends" etc. Signed, R. Beverley. Copy. ½ p.
(b) Copy of Mr. Beverley's Narrative. London, Feb. 12, 170¾. Our poor unfortunate country feeds the fire in its own house with Addresses and nourishes Vipers with flattery. I was altogether in the dark till I came here. I esteemed our Duke's behaviour to be no more than the effect of his pride to hector and domineer etc. and could never have imagined the dilligence and means he uses in seeking a despotick power by authority from hence, and a back of Military force and Martial Law to support it. I thought some merchants here might have been satisfyed in making a trade of us in the sale of our tobaccos etc., and did not think they had busied themselves in matters of State to keep us underlings and poor, prying into our Laws and improvements, and opposing privately anything that might tend to the advantage of our manufactures, ports or towns, wch. they knew would soon make us a brave Country and teach us to make ye best of our Commoditys. I thought when old Randolph was dead, his place could not have been filled with such another pest to mankind, but here's his successor ten times worse; nay the Devil himself, were he in his room, could not do us more mischief nor frame grosser lyes against us. He has got some credit here and his storys have a mighty weight etc. Here's our Duke and the said successor of Randolph echoing one another in all points etc. It is not unknown to my father Byrd how he and his son have been misrepresented. Several of the particular characters wch. have come to my hand I have communicated—characters of Col. Carter, Col. Ludwell, B. Harrison, N. Harrison, Mr. Drummond, Capt. Marable, Esq. Luke, Fr. Jones, Jno. Page, Mr. Fouace, Mr. Wallace, Mr. Blair and myself,—and the method is to abuse all that come for England, or whose names are but known in England, if they will not be bribed to speak in his behalf, as some now in England have done, who basely betray their country and posterity for ye sake of 20 guineas bestowed on them at coming hence. I have obtained copys of some of the Memorials (one of wch. I had of Mr. Fouace) and have sent them into the country. I suppose they may come to your view in the circuit, if they 'scape surprize. By these Memorials the Council in general are represented as vain, cowardly, disloyal to H.M. and perjured, not regarding their oaths, the Assembly a pack of rude, unthinking, wilfull, obstinate people, without any regard to H.M. or her interest, and 'tis laid as a crime to them that they think themselves entituled to the libertys of Englishmen: but ye most of all these Memorials I cannot obtain a copy of, the Clerks have denyed gold for it, and the Committee have denyed it to my brother Byrd, whom I gott to ask for a copy of it as Agent, but I have another trial to make. By them you may also see how early our Duke (notwithstanding his fair pretences of loving the Country and the natives thereof, and particularly one of them) made it his business and study to prey upon our poor country and render it needy and ruinous, discouraging all manufactorys, keeping us only to tobacco, disheartening all pretences of priviledges as English subjects, giving odious characters and misrepresentations of every gentleman that says not as he says, seeking and continually moving for Acts of Parliament against us, and urging and inciting the Crown and Court of England into an ill opinion of us by odious and false descriptions etc., which have already brought two Acts of Parliament upon us, one to burden our trade and commerce from one Plantation to another, least we should thrive too fast and grow too great, viz. the penny per pd. Act; and the other totally to suppress our commerce in wool, cotton etc., and now seeking and urging by all the ways they can invent for another Act of Parliament to levy the Quotas of men and money for New York upon us, crying up the necessity of our supporting New York and that it is our only Barrier, ridiculing the votes of our Assembly, representing us a rich, populous and obstinate people, of Commonwealth principles, and must be corrected and lowered in time, thereby to get a Military Force; giving many reasons for a grant of our Quitrents and publick money (which is represented 10,000l. beforehand) to be applyed to New York, and putting that Country upon moving in ye same manner. But what I take to be the most dangerous, and comes nearest to ye loss of our lives and libertys, as well as estates, is the many inventions and unsuspected arguments that are constantly used in all letters and memorials to obtain a standing force, and a title of Capt. General over all the Plantations on ye Continent, the colour of wch. at this time is a proposition of conquering Canada, and seems indeed a very good cloak for what is mainly intended by it (altho I am well assured, and some now in Virginia can informe you that he had this design in his head in time of peace and talked frequently of it with great satisfaction and delight, when there was peace and no war thought on) and if he once obtain such a Commission, Martial Law is the consequence, and it will then be too late to remember his threats so often used of taking and arming all our servts., of bringing the Burgesses with ropes about their necks, and daring that Assembly that should deny him anything etc. etc.
(c) Proceedings of Council of Virginia upon above, Sept. 28, 1704. H.E. caused above letter and narrative to be read, and asked the opinion of the Council, whether the same, if they should be dispersed, may affect the peace of the Country. The Council declared their opinion that it would not. H.E. caused his opinion to be entred: "As to Mr. Beverly's letter and narrative they are part false, part scandalous and part malicious, but I could not expect otherwise from a man of his universal ill character: but I suppose his pride, ambition, vanity, unsettledness in all his conditions and his poverty might make him hope to make a sedition in the country. The advice I give him is to get himself close shaved and make friends with the Governors of H.M. hospital of Bedlam to get a place there, and there he may meet with real chaines instead of imaginary ones that I was preparing for H.M. loyal and dutiful subjects of Virginia. And as for my own actions I appeal to the several Records of the Country, and for what I have written by letters, I have the copys of them all, and I shal endeavor (God willing) to maintain and justify them, whenever I shal be legally called to an accot. of them." The whole endorsed as preceding. 4 pp.
628. iii. (a) R. Beverley to Wm. Blackbourne, mercht., in Glocester County. London, Feb. 12, 170¾. My cause is over and gone against me, having had as unfair a trial here, as ever I had there. We have no certainty of a change of Governors as yet, wherefore am not willing to trust myself to his ill-usage again. I resolve to sitt down here and sell my own tobacco when it comes home, and if you or any of my friends will trust me with theirs, etc. 'Tis expected we shall send a Guard-ship to you. The Govr.'s Agent is solliciting for one to be under his command.
(b) The Grand Jury to Governor Nicholson. We refer the case of the Nanziatico Indians now in custody to your Excellency and the Council. As to Mr. Beverley's letters and narrative, we are humbly of opinion that it is false, scandalous and malicious, but as we come from ye sevll. parts of the Colony, we find it in genll. so well satisfyed with ye Constitution of its Government under your Excellency that we can't believe it will affect the peace thereof. Pray for the continuance of his Government. Signed, Geo. Clough, Wm. Randolph, jr., Jno. Talliaferro, Sampson Darrel, Richd. Littlepage, Tho. Tunstall, Jos. Brodbent, Henry Spratt, Tho. Parker, Tho. Pettit, Saml. Fox, Antho. Holladay, Ja. Wilson, Sam. Bridger, Wm. Timson, Gideon Macon, Tho. Ballard (Foreman), Jno. Major, Richd. Wyat, Nath. West, Jno. West, Cha. Baily. H.E. thanked them etc.
(c) Justices of the Peace of King and Queen County to Governor Nicholson. Robert Beverley, Clerk of our Court, hath in confederacy with some other factious persons in our County, stirred up sedition, faction etc., which, if not timely prevented, may occasion the breach of H.M. peace etc. Pray that he may be removed from his office of Clerk, and for H.E. long Government etc. Signed, Wm. Leigh, Richd. Gregory, Tho. Paullin, Richd. Anderson, Jno. Story, Geo. Braxton, Tho. Petit, James Taylor, Sheriff. The whole endorsed as preceding. 2 pp.
628. iv. Copy of Minutes of Council and General Court of Virginia, Aug. 8 and Oct. 16, 19 and 21, 1704, relating to Mr. Ballard, Samuel Selden and Mr. Beverley. Upon the Order of Council, Jan. 20, 170¾, the case of Ballard v. Beverley was referred to the General Court (Aug. 8) and on Oct. 16 ordered to be heard on Oct. 19, when Defendant's Attorneys said they had no instructions to appear. Whereupon Petitioner's Council prayed judgement. H.E. ordered Petitioner's Council to put their prayer in writing to-morrow, because Defendant had reflected on his tryall both here and in England. H.E. produced his letter to Mr. Blackbourne [above], and desired the Court to give him an answer [thereto] to-morrow. Oct. 21. The Court unanimously reported that the cause was heard with all patience, justice and circumspection, and all parties fully and fairly heard. In the action of Francis Ballard v. R. Beverley, Deft., upon H.M. Order in Council, Jan. 20, 1703(4), whereby the Judgment of this Court, April 24, 1703, is declared null and void, and Deft. not appearing, petitioner moved that the said judgment be reversed and that writ of possession might issue. Ordered accordingly, and that Deft. pay the 5l. sterl. costs allowed by H.M. Order with all other damages and costs. Endorsed as preceding. Copy. 2¾ pp.
628. v. (a) Report of the Commissioners of Oyer and Terminer recommending to mercy two Nansiatico Indians condemned to death, but used as Queen's Evidence in connection with the murders below. Propose that the other Indians in custody be transported out of this Government. Signed, Wm. Robinson, Cha. Barber, Joshua Davis, Cha. Ashton, Hen. Ashton, Caleb Butler, Wm. Tomlin, Robert Brooke, Jno. Craske, Robert Carter, John Smith, Peter Beverley, Wm. Cattler, George Taylor, Alexr. Donaphan [?Donovan], John Deane, John Tarpley, Tho. Beale.
(b) Minutes of Council of Virginia, Oct. 17–21. The Council advise that the said Nansiatico Indians be brought to the publick goal at Williamsburgh until the meeting of the General Assembly. Same endorsement. Copy. 2½ pp.
628. vi. Abstract of Proceedings of a Commission of Oyer and Terminer for trial of Indians in Richmond County for the murder of John Ro[w]ley, Cath. Ro[w]ley, Wm. Ro[w]ley and Mary Webb. Seven Indians were found guilty and condemned to be hanged. Endorsed, Recd. May 2, 1705. 2pp. [C.O. 5, 1314. Nos. 35, 35.i.–vi.; and (without enclosures) 5, 1361. pp. 233–236.]
Oct. 31.
Whitehall.
629. W. Popple to Micajah Perry and Peter Paggan. The Council of Trade and Plantations desire to speak with you to-morrow in relation to a petition concerning the Expectation now in Virginia. [See Oct. 26.] [C.O. 5, 1361. p. 29.]
Oct. 31.
Whitehall.
630. W. Popple, jr., to Erasmus Lewis. In reply to yours of Oct. 28, the Council of Trade and Plantations have no information. [C.O. 138, 11. p. 340.]
Oct. 31. 631. Order of House of Lords, that the Council of Trade and Plantations do lay before this House an account of the state of the trade of this Kingdom since last Session. Signed, Mat. Johnson. Cl. Parl. [C.O. 389, 18. p. 204; and 412, 549. p. 222.]
Oct. 31.
Whitehall.
632. W. Popple, jr., to Mr. Cary. The Council of Trade and Plantations desire to know what sort of guns are proper for Castle Island. [C.O. 5, 911. p. 396.]