|
Oct. 16.
Whitehall. |
1375. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclose 3 Addresses from Virginia, congratulating
H.M. on her victories, and complaining of Col. Quary, to be laid
before H.M. (No. 1277. i.) Autograph signatures. 1 p. [C.O.
5, 1340. No. 16; and 5, 1361. p. 404.] |
| [Oct. 17.] |
1376. Agents of Barbados to the Council of Trade and
Plantations. We have received instructions to represent the
low condition Barbados is reduced to by having strictly observed
H.M. Proclamation for ascertaining the rates of coins, while
the other Plantations continue to keep up the value of their
money contrary to the said order, and have thereby, to the unspeakable prejudice of Barbados, almost drained them of their
coin. Pray the speedy enforcing of the Proclamation under
the severest penalties etc. Signed, J. Stanley, Wm. Bridges,
Mel. Holder, Wm. Cleland. Endorsed, Recd. Read Oct. 17,
1705. 1 p. [C.O. 28, 9. No. 7.] |
Oct. 17.
Whitehall. |
1377. W. Popple, jr., to Sir E. Northey. The Council of Trade
and Plantations send you the extract of a letter from the Governor
of Maryland, relating to Jesuits and Papists in that Province,
as also an extract of the Lord Baltimore's grant of Maryland
relating to Ecclesiastical power, and thereupon desire your
opinion whether the Laws of England against Romish Priests
are in force in the Plantations, and whether H.M. may not direct
Jesuits (as Romish Priests) to be turned out of Maryland. Your
answer is desired as soon as possible, because of the departure
in a few days of the Fleet for those parts, and that there
will be no other opportunity for a long time. [C.O. 5, 726.
p. 318.] |
| Oct. 18. |
1378. Attorney General to the Council of Trade and Plantations. Reply to preceding. I am of opinion the clause (in Lord
Baltimore's grant) doth not give him any power to do anything
contrary to the ecclesiastical laws of England, but he hath only
the advowsons of and power to erect and consecrate Churches,
and such power as the Bishop of Durham had, as Earle Palatine,
in his County Palatine; who was subject to the laws of England.
And the consecrations of Chappels ought to be as in England
by orthodox Ministers onely. As to the Romish Preists; by
the Statute of 27mo. of Elizabeth, cap. 2o., every Jesuit,
seminary Preist, or other such Preist, Deacon or religious, or
ecclesiastical person, born within this realm or any other H.M.
Dominions, made, ordain'd or profess'd by any authority or
jurisdiction, derived, challenged or pretended from the See of
Rome, who shall come into or be or remain in any part of this
realm, or any other H.M. Dominions, is guilty of high treason;
it is plain that law extended to all the Dominions the Queen
had, when it was made, but some doubt hath been made whether
it extendeth to Dominions acquired after, as the Plantations have
been. By the Statute 11mo. Wmi. for preventing the further
growth of Popery, it is provided that if any Popish Bishop, Preist
or Jesuit whatsoever, shall say Mass, or exercise any other part
of ye office or function of a Popish Bishop or Preist, within this
realm or the Dominions thereunto belonging, such person being
thereof lawfully convicted, shall be adjudged to perpetuall
imprisonment in such place within this Kingdom as H.M., by
the advice of her Privy Council, shall appoint. I am of opinion
this law extends to the Plantations, they being Dominions
belonging to the realm of England, and extends to all Preists,
foreigners as well as natives. As to ye question whether H.M.
may not direct Jesuits or Romish Preists to be turned out of
Maryland, I am of opinion if the Jesuits or Preists be aliens, not
made denizens or naturalized, H.M. may by law compell them
to depart Maryland; if they be H.M. naturall born subjects they
cannot be banished from H.M. Dominions, but may be proceeded
against on the last beforementioned law. Signed, Edw. Northey.
2 pp. Enclosed, |
|
1378. i. Extract of Grant of Maryland to Lord Baltimore.
Latin. ¾ p. |
|
1378. ii. Extract of Governor Seymour's Letter, No. 585.
2½ pp. The whole endorsed. Recd. Read Oct. 23,
1705. [C.O. 5, 715. Nos. 89, 89.i., ii.; and (letter
and enclosure i only) 5, 726. pp. 319–322.] |
Oct. 18.
London. |
1379. Mr. Campbell to the Council of Trade and Plantations.
In obedience to your commands, the substance of my letters
dated Sept. 5 from Newfoundland is as follows. The fleet
which went thither in May arrived safe in 6 weeks and found
that country under ye miserable circumstances formerly represented. The French and Indians have since carried off some
of the English inhabitants of Trinity and Conception Bay,
plundered others and laid others under contribution and burnt
a New England brigantine in the former bay. In the beginning
of Aug. last they took and plundered Porto Grave, and carried
away the inhabitants. The inhabitants who remain at St. Johns
and other parts being dispirited by their late misfortunes and
the want of intelligence of succours from England were generally
resolved to leave ye country. The two men of warr which were
there was determined to part from thence on Sept. 24, unless new
Instructions prevent them. A frequent correspondence to these
parts by way of pacquett boat or otherways would in all probability very much conduce to ye publick service. Signed, Ja.
Campbell. Endorsed, Oct. 22, 1705. 1 p. [C.O. 194. 3. No. 84;
and 195, 4. pp. 57, 58.] |
| Oct. 19. |
1380. Attorney General to the Council of Trade and Plantations. Reply to July 6. I am of opinion that ye fines, forfeitures
and escheats in New Jersey belong to H.M. and not to the Proprietors of ye Soyle. For as to ye fines and forfeitures for
offences, they were not granted to the Duke of York, under
whose grants the present Proprietors claim. And as to ye
escheats, the whole tract was granted in fee to ye Duke of York
to be holden of ye King in common soccage as of his mannor
of East Greenwich, and ye inheritance of part being granted away
by ye assignees of ye Duke to other persons in fee, they hold
of the Queen and not of ye Proprietors, and therefore the escheat
must be to H.M. As to the appointing of Rangers of ye woods,
the inheritance of those woods being in the Proprietors, assignees
of ye Duke of York, the right of appointing rangers in ym. belongs
to the owners of those woods, and not to H.M. Signed, Edw.
Northey. Endorsed, Recd. Read Oct. 23, 1705. 1 p. Enclosed, |
|
1380. i. Duplicate of letter, July 6. 1 p. [C.O. 5, 970. Nos.
31, 31.i.; and 5, 994. A. pp. 230, 231.] |
Oct. 19.
Whitehall. |
1381. W. Popple to Sir E. Northey. The Council of Trade and
Plantations are very much pressed by daily complaints, from
the Plantations, of the unsettled state of the coine, and therefor
are obliged to desire your speedy answer [to July 4], that
H.M. Proclamation may be either revoked or reinforced. [C.O. 324,
9. p. 108.] |
| Oct. 19. |
1382. Attorney General to the Council of Trade and Plantations. Reply to July 4. The value of foreign coins is well established
by H.M. Proclamation, and ye tender of the same, according to those values, is a legall tender, and everybody is bound
to take them at those values, but if any person (as ye persons
complained of doe) will accept them at greater values, I doe not
know that it is any offence, being to ye prejudice of ye Receiver,
none being oblidged to take them in paymt. from him at more
than they are settled at by the Proclamation. This mischief
wee laboured under here in England, till by ye Act of 6 and 7
Wm. it was made an offence to take broad money at more yn.
it was currant for, and I am apprehensive this mischeif will not
be remedyed without an Act of Parliament made here, to lay a
penalty on all persons in ye Plantations, who shall there receive
ye coyn at other values than they are directed to be currant
at by ye Proclamation. If ye Proprietary Govmts. make Laws
to give those coyns a currency beyond the Proclamation, I am
of opinion they are guilty of a high misdemeanour, and their
Charters, or at ye least the power of making Laws, may be seized
into H.M. hands by Quo Warranto to be brought against them.
But the acts of particular persons, as I take this practice
complained of to be, will not prejudice the Charters or Corporations. Signed, Edw. Northey. Enclosed, |
|
1382. i. W. Popple, jr. to the Attorney General. June (July) 4,
1705 (q.v). Endorsed, Recd. Read Oct. 23, 1705. 1 p.
[C.O. 323, 5. Nos. 88, 88.i.; and (without enclosure)
324, 9. pp. 109, 110.] |
| Oct. 19. |
1383. Attorney General to the Council of Trade and Plantations. Answer to Queries of Oct. 12. (1) I am of opinion Mr. Penn
or his Deputy (who when appointed is as himself) must give the
assent to the Laws in the place where the Assembly is, and cannot
doe it in any other place, and the Law must be passed or rejected
when presented [by?] the Assembly, being in nature of an English
Parliament. (2) The power to make Laws being granted to
him and his heirs and to his and their Deputies, if the Laws be
enacted by a Deputy, they ought to be expressed to be so, and not to
be enacted by Mr. Penn, for the Deputy who acts makes the Law
by the power in the Charter and not Mr. Penn, and it is not like
a Commission in England to give the Royal Assent to a Bill,
which is only to give H.M. assent, and not to enact ye Law, as
the Deputy's power in Mr. Penn's case is, therefore the Assembly
not being holden by Mr. Penn, these Laws are not fitt to be presented to H.M. as Laws made by him. (3) The Laws being
enacted by the Assembly and the Deputy (as the power given
to the Deputy was to enact them) they are absolute, unless
repealed by H.M., and the saving of the final assent to himself etc.
is absolutely voyd and contrary to the Charter. For the power
of making Laws must be executed only by himself or his Deputy.
(4) All the Laws will be construed to be delivered to the Privy
Council at that time, and will remain absolute, unless repealed
in 6 months. Signed, Edwd. Northey. Endorsed, Recd. Read
Oct. 23, 1705. Written on margin of Queries. 5 pp. Enclosed, |
|
1383. i. Copy of Mr. Penn's Deputation to Lieut. Governor
Andrew Hamilton, Oct. 27, 1701. 2½ pp. [C.O. 5,
1263. Nos. 36, 36.i.; and (without enclosure) 5, 1291.
pp. 222–224.] |
| [Oct. 19.] |
1384. R. Lillington to the Council of Trade and Plantations.
Prays that the fine of 2,000l. laid upon George Lillington may
be returned upon his giving security etc. Signed, Roger Lillington.
Endorsed, Recd. Read Oct. 19, 1705. 1 p. [C.O. 28, 9. No. 8.] |
| Oct. 19. |
1385. Mr. Lowndes to Wm. Popple. The Commissioners
for Prizes having proposed to my Lord Treasurer for the better
management of the prizes carryed into foreigne parts, that circular
letters be sent from H.M. to the respective Governors to aid,
assist and encourage the Agents for prizes there, upon their
applications to them, and that they do interpose in all differences
arising between the said Agents and the Captains of H.M. men
of war, or other disputes whatsoever relating to the prizes, and
that they transmit exact accounts of all occurrences concerning
prizes in the same manner as they do in other matters relating
to their Governments, My Lord being of opinion that what is
so proposed will tend to the better management of the said prizes,
requests the Council of Trade and Plantations to prepare the
said circular letters in the most effectual manner, and present
them to H.M. for her royall signature as soon as may be etc.
Signed, Wm. Lowndes. Endorsed, Recd. Read Oct. 22, 1705.
Addressed. 1 p. [C.O. 137, 7. No. 13; and 138, 11. pp. 419,
420.] |
| [Oct. 22.] |
1386. Copy of Proceedings of a Court of Oyer and Terminer
in Barbados, June 12–15, 1705 (duplicate of July 16); and Minutes
of Assembly of Barbados, June 4—July 11, 1705. Endorsed,
Recd. from Col. Cleland, Oct. 22, 1705. 31 pp. [C.O. 28, 9.
No. 19.] |
Oct. 22.
Whitehall. |
1387. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclose following report. "And because it will tend
very much to the peace and quiet of H.M. Island (Barbados),
which is at present under great disorders, that a speedy end be
put to those differences, we pray you will please to lay the same
before H.M. by the first opportunity." Autograph signatures.
1 p. Annexed, |
|
1387. i. Council of Trade and Plantations to the Queen.
Representation on the petition of George Lillington,
Oct. 11. Propose that H.M. order the Governor of
Barbados to transmit to H.M. in Council an exemplification of the Commission by which the Court sat and of
the summons and returns of the Jurors, the proceedings of
the trials being already transmitted. And that H.M.
direct any three Justices of the Peace to take any
depositions to them upon the grievances of the Petitioner,
and that copies of the particulars be given to such
persons there as shall desire the same, to be transmitted
likewise. In the meantime by reason of the distance
of the place and the length of time necessary for bringing
this whole matter before your Majesty in Councill,
we offer that your Majesty would order that upon
Lillington's giving sufficient security for answering
to your Majesty the fine of 2,000l. at such time as your
Majesty shall direct, the sum now deposited in the
hands of the Deputy Auditor of that Island be restored
unto him. 2¾ pp. Annexed, |
|
1387. ii. Particulars of complaints of George Lillington. [See
Oct. 11.] 2¼ pp. [C.O. 28, 38. Nos. 40, 40.i., ii.;
and 29, 9. pp. 384–391.] |
| Oct. 22. |
1388. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclose copy of Mr. Campbell's letter, relating to French
incursions in Newfoundland, to be laid before H.M. [See
Oct. 18.] [C.O. 195, 4. p. 61.] |
Oct. 22.
Whitehall. |
1389. Mr. Popple to Mr. Burchett. The Council of Trade
and Plantations send you a copy of the information they have
received of French incursions in Newfoundland, to be laid before
H.R.H. Councill. They desire to know what intelligence you
may have received from the Commander of this year's convoy
or otherwise relating to Newfoundland. [C.O. 195, 4. p. 62.] |
Oct. 22.
Barbados. |
1390. Governor Sir B. Granville to the Council of Trade and
Plantations. Acknowledges letter etc. Aug. 30, which I shall
fully obey. I have with an heart full of the deepest acknowledgment reciev'd an account of the justice H.M. has bin pleas'd
to doe me in relation to the complaints proferr'd against me,
and am sensible of the obligations I have to your Lordships
for the part you have bin pleas'd to have in it, and your justice
in laying open the malice and falsity of my enemyes. As it has
bin my care to assert the authority of H.M., so has it bin no lesse
my endeavours to unite the minds of the people and to promote
the publick peace, service, and welfare of the Island, of this
many instances are already to be given, and I hope, with the
grace of God, to give many more. Has not received letters of
April 2 and 3, and July 28. A new Assembly has bin called,
and by the dispositions they have shown at their first meetings,
I have reason to beleive there is a better temper amongst them,
both in relation to one another and the publick service, then
has appeared in this place for some years past. A very malignant
sicknesse has bin amongst the seamen on board H.M. ships here,
but it has not reached the Island, which is very healthy. Signed,
Bevill Granville. Endorsed, Recd. Jan. 10, Read April 15, 1706.
Holograph. 3 pp. [C.O. 28, 9. No. 35; and 29, 10. pp. 38–40.] |
Oct. 22.
Barbados. |
1391. Same to Mr. Popple. Acknowledges letter of July 28 etc.
Signed, Bevill Granville. Endorsed as preceding. Holograph. 1 p.
[C.O. 28, 9. No. 36; and 29, 10. p. 41.] |
| [Oct. 23.] |
1392. Depositions by Arthur Slingsby, Edward Chilton and
Col. John Holder, that James Colleton had caused no obstruction
to the cause depending between him and Sir John Colleton in
Barbados. With copy of proceedings, and Sir Governor B.
Granville's certificate that Benjamin Bullard took oath that the
said depositions were sworn before him. Endorsed, Recd. from
Col. Cleland. Recd. Read Oct. 23, 1705. 10 pp. [C.O. 28, 9.
Nos. 10–14.] |
Oct. 23.
Whitehall. |
1393. W. Popple, jr., to Mr. Attorney General. The Council
of Trade and Plantations desire your opinion in point of law
upon the enclosed Act of Nevis, passed June 20th last, for quieting
John Panton, his heirs, etc. in a parcel of land in St. Christophers,
and particularly whether the Letters Patent mentioned therein
be valid. [C.O. 153, 9. p. 263.] |
Oct. 23.
Whitehall. |
1394. W. Popple, jr., to Mr. Penn. Encloses Attorney General's
opinion, Oct. 19. [C.O. 5, 1291. p. 224.] |
Oct. 24.
Cookpit. |
1395. Mr. Secretary Hedges to the Council of Trade and
Plantations. The enclosed is an advertisement wch. Mr. Dummer
proposes to be published in the West Indys for the convenience
of sending letters and pacquetts etc. to and from thence for
intelligence as well as for the benefit of the Spaniard (with whom
H.M. has been pleased to open a Trade with her subjects) and
the Dutch, as for her own Plantations and subjects. I am to
desire you will please to consider of that part which relates to
the Spaniards and Dutch, and to desire your opinion how far
you conceive the like advantage may be permitted to the subjects
of those Nations as is granted to those of H.M., and whether
it may be proper to be done for the service of H.M. and interest
of the Nation. H.M. being of opinion that it is necessary that
a more frequent intelligence between England and Newfoundland
may be had, as of great use to the security and preservation
of so advantagious a trade as that of the Fishery there is, you
are to take that also into your consideration, and to discourse
with Mr. Dummer upon it, and know of him how far it may be
practicable to be done by his pacquet-boats, or what other method
you can propose for it; upon both which points I am to desire
your opinion as soon as may be, etc. Signed, C. Hedges.
Endorsed, Recd. Read Oct. 26, 1705. 2 pp. Enclosed, |
|
1395. i. Mr. Dummer's proposed advertisement of the sailings
of his West India Packets as above. Copy. 3½ pp.
[C.O. 323, 5. Nos. 89, 89.i.; and (without enclosure)
324, 9. pp. 110, 111.] |
| Oct. 24. |
1396. Mr. Byfield's receipt from the Officers of the Rope
Yard at Woolwich for 6 barrels of South Carolina pitch at the
rate of 12l. per tun. With certificate that the pitch is good
and fitting for the service of H.M. Navy. Endorsed, Recd. from
Mr. Byfield. Recd. Read Nov. 22, 1705. 1½ pp. [C.O. 5,
1263. No. 48.] |
Oct. 24.
Prize Office. |
1397. A. Burnaby to W. Popple. Returns enclosed with
some alterations made by the Commissioner of Prizes. Signed,
A. Burnaby. Endorsed, Recd. Read Oct. 25, 1705. Addressed.
1 p. Enclosed, |
|
1397. i. Draught of Circular Letter relating to Prizes, with
some alterations. 2 pp. [C.O. 137, 7. Nos. 14, 14.i.] |
Oct. 24.
Whitehall. |
1398. W. Popple to Anthony Burnaby. The Council of
Trade and Plantations agree to above alterations, but only desire
to know whether Mr. Hamilton be Agent throughout all H.M.
dominions in America, or only in the Islands, which are commonly
called the West Indies. [C.O. 138, 11. p. 421.] |
Oct. 25.
London. |
1399. Col. Quary to the Council of Trade and Plantations.
I have seen some Votes and an Address from the Assembly of
Virginia, wch. doth particularly concern myself, and therefore
am obliged to lay before you the hardship or injustice they have
done me both in respect of the subject matter as well as the circumstances and manner of carrying on the said votes and address.
As I stated in my memorial, June 20, 1703, q.v., the people of
Virginia are industrious and loyal, except a set of men who for
20 years have been of a sowre and uneasy temper, clamouring
against each successive Governor etc. Praises the impartiality
of Gov. Nicholson etc. Their prejudice against me was grounded
on my endeavours to justify him, of which they learned from a
garbled version of my memorial sent them by Robert Beverly.
They took the opportunity to pass the votes and address against
me when I was 600 miles away at Albany, without giving me the
common right of speaking for myself, picking out words and
sentences from my memorial and forcing a sense on contrary
to the very nature of what I said. I am informed they took
their president from the Parliament of Ireland's Address to
H.M. against the Commissioners appointed to manage the forfeited
estates. Prays the Board to represent his zeal to H.M. Signed,
Robt. Quary. Endorsed, Recd. Oct. 26, 1705. 3 large closely
written pp. [C.O. 5, 1314. No. 67.] |
| Oct. 25. |
1400. Stephen Duport to the Council of Trade and Plantations. A general Assembly of the Leeward Islands was held
in June last at Nevis by Col. Johnson, when several laws were
passed. There was not tymely notice given to St. Christophers,
so that the Representatives did not or could not be present.
The inhabitants of St. Christophers, considering themselves
aggrieved, by two of those laws (1) to settle general assemblies
and to secure to each Island their own particular laws and customs,
and (2) for establishing Courts and administration of Justice
throughout the Leeward Islands, have appointed 3 deputies to
come to England to attend your Lordships. Prays that the
said Laws be not confirmed till their arrival. Signed, S. Duport.
Endorsed, Recd. Read Oct. 30, 1705. 1 p. [C.O. 152, 6.
No. 25.] |
Oct. 26.
Whitehall. |
1401. Council of Trade and Plantations to the Lord High
Treasurer. Enclose, Petty Expenses of the Office of the Council
of Trade and Plantations, Midsummer to Michaelmas, 1705.
Total, 29l. 4s. 8d. Stationery, 22l. 0s. 8d. Wood and Coals,
34l. 4s. 9d. Postage, 89l. 4s. [C.O. 388, 75. Nos. 131–134;
and 389, 36. pp. 307–309.] |
Oct. 26.
Whitehall. |
1402. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclose following. |
|
1402. i. Draft of Circular letter to Governors concerning prizes.
[See Nov. 1.] [C.O. 138, 11. pp. 421–424.] |
Oct. 26.
Whitehall. |
1403. W. Popple, jr., to W. Lowndes. The Council of Trade
and Plantations have this day transmitted preceding to Mr. Secretary
Hedges. [C.O. 138, 11. pp. 424, 425.] |
Oct. 26.
St. James's. |
1404. Order of Queen in Council. Referring enclosed to
the Council of Trade and Plantations to examine and report
upon. Signed, John Povey. Endorsed, Recd. Read Oct. 29,
1705. 1 p. Enclosed, |
|
1404. i. Thomas Maycock, of Barbados, Planter, to the Queen.
Prays for the restoration of his estate sequestered at
the suit of Josias Harrison during his absence. [See
Dec. 13, and Acts of Privy Council, II. No. 977.] Copy.
6 pp. [C.O. 28, 9. Nos. 15, 15.i.; and 29, 9. pp.
392–398.] |
Oct. 26.
St. James's. |
1405. Order of Queen in Council. In accordance with Representation on case of G. Lillington [Oct. 22], except that Four
Justices of the Peace are to take depositions etc. [See Acts of
Privy Council, II. No. 976.] Signed, John Povey. Endorsed,
Recd. Read Oct. 30, 1705. 2½ pp. [C.O. 28, 9. No. 16;
and 29, 9. pp. 400–402.] |
Oct. 27.
Whitehall. |
1406. Mr Secretary Hedges to the Council of Trade and
Plantations. Encloses following. It is H.M. pleasure that you
report your opinion of what is proposed therein. Signed,
C. Hedges. Endorsed, Recd. Oct. 29, Read Nov. 8, 1705. 1 p.
Enclosed, |
|
1406. i. Extract of letter from Governor Seymour to
Mr. Secretary Hedges, July 3, 1705. q.v. 5¾ pp.
[C.O. 5, 715. Nos. 90, 90. i.; and (without enclosure) 5,
726. p. 333.] |
Oct. 29.
Newport. |
1407. Governor and Company of Rhode Island to the Council
of Trade and Plantations. Enclose following, being triplicates
of what was sent formerly; the two former taken by the enemy.
Acknowledge Sir C. Hedges' letter enclosing Acts and Gazette.
Signed, West. Clarke, Sec. Endorsed, Recd. Dec. 31, 1705.
Read Jan. 23, 1705/6. ¾ p. Enclosed, |
|
1407. i. Governor and Company of Rhode Island to the
Council of Trade and Plantations. Newport, Sept. 25,
1704. Acknowledge letter of March 17, 1703–4, with
enclosures. We cannot be silent in matters of such
greate importance, wherein we have bin rendred
contemners and obstructors of H.M. Laws. As to
the repealed Act for stating an Admiralty Court, in
1694 one Capt. Hoar, commissioned from Jamaica,
brought a French prize into this Govermt. praying
condemnation of the same, there being no judges nor
other officers at that time appointed by H.M. High Cort of
Admiralty in these parts of America, the authority hear
deemed that there was a necessity in that time of warr
for the incouragmt. of H.M. subjects, against the common
enemy, to give them what relief and dispatch they could,
and altho not expressly worded in our Letters Pattent, the
erecting any such Cort, yet it was concluded, we might
by virtue thereof state such a Cort untill H.M. pleasure
should be further known, or untill there should be a
judge and officers appointed by the Admiralty for the
houlding such Corts in this Collony (see C.S.P. 1698.
No. 423). And since there hath bin officers so appointed,
we have yelded due and submissive obedience thereunto, giving our assistance therein when desired, without
the least obstruction to any officers, neighther have we
presumed to exercise any authority by vertue of the
aforesaid Act in '94, neighther have we anywayes
obstructed the Collector or Receiver at any time in
the execution of his office, since he hath had a Commission
for this Govermt., but have redily submitted to, and
we hope H.M. and your Lordships will pardon us wherein
we do not submit to any authority but what shall have
lawful and immediate commission to exercise the same
within this Collony; for we do hould ourselves (as
we have allwayes done) accountable to the Imperial
Crown of England for all our actions and proceedings,
when thereunto caled, and to none other but such
as shall be lawfully commissionated from the same.
As to the ship (which hath bin represented to be of
5,000l. value) brought into the Govermt., wherein
we are accused for detaining the same, and not permitting her to go to her Commission port, H.M. hath bin
misinformed etc. Enclose copies of proceedings etc.
Mr. Coleman, commissioned by the Prize Office for
recovering the Lord High Admiral's dues within the
Massachusets Bay, endeavoured to extend his authority
within this Governmt, but this Collony not being incerted
in sd. Commission, we did deeme ourselves not oblidged,
nor safe to submit thereunto, not knowing but some
other person might have a perticular Commission for
the same, as happened in the last reign. The Governor
readily accounted to him when he produced a second
Commission, wherein this Collony was incerted. Pray
God to forgive their adversaries etc. What we have
done hath bin purely to serve H.M. and encourage
her subjects against the common enemy etc. etc. Signed,
By Order, West. Clarke, Sec. Endorsed, Recd. Dec. 31,
1705. Read Jan. 23, 1705/6. 4 pp. |
|
1407. ii. Copy of Governor Cranston's Commission appointing
appraisers to value the condemned Spanish prize
brought in by the Hanna and Mary, Capt. John Blew,
the Charles, Capt. Peter Lawrence, and the Tyger,
Capt. Jeremiah Burrows. May 8, 1703. 1 p. |
|
1407. iii. Accounts of the goods, called small plunder, taken
on board the Spanish prize Jesus de Nazareno, and
divided amongst the Captains and Companies of the
above privateers. Total value, 441l. 9s. 9d. There
was no more of any value taken in said ship but what
there hath been a true account given of. Signed, Matt.
Witter, Wm. Gibbins, Ralph Austin, Thomas Burch,
Quartermasters. Copy. 1¼ pp. |
|
1407. iv. Copy of Petition of George Lawson (?) and Andrew
(?) Funiell, Merchts. in Boston, on behalf of themselves
and the rest of the owners of the above privateers
to Governor Cranston, praying him to appoint
Joseph Appleton of Boston and John Mulder of Newport
to appraise the goods on the Spanish prize. Signed,
Georg Lason, Andrew Fanevil [sic]. 1 p. |
|
1407. v. Copy of petition of Capts. Lawrence, Blew and
Burrowes praying for a condemnation of the Spanish
prize. Newport, April 23, 1703. ½ p. |
|
1407. vi. Governor Cranston to Thomas Newton, Deputy Judge
of H.M. Court of Admiralty, desiring him, on preceding
petition, to come to Newport to condemn the prize etc.
"Indeed I should have been glad if they had not brought
it into this Government, as I tould them before her
arrivall, for I feared it would create us many enemys
besides much troble to myselfe with little proffit." etc.
Signed, Saml. Cranston. Copy. 1 p. |
|
1407. vii. Appraisement of goods taken in the Jesus de Nazareno.
Signed, Nathaniel Coddington, Benjamin Newberry,
John Mulder. Newport, May 31, 1703. Copy. 1 p. |
|
1407. viii. Appraisement of the Jesus de Nazareno and her
cargo. Total, 1,681l. 15s. 3d. Signed and sworn to
by preceding and by Joseph Appleton. Newport,
May 11, 1703. 1¼ pp. |
|
1407. ix. Deposition of Capt. Lawrence of the Charles. About
Aug., 1702, I received a Commission from Governor
Dudley, made prize of some small vessels and sent
them into our Commission port. One was forced down
to South Carolina where the Compa. had her condemned
and sould. We recruited at Providence, and off Cuba
joined Capt. Blew, commissioned from Boston, and
Capt. Burrows out of Barbadose, and taking the Jesus
de Nazareno in the Bay of Metanees brought her into
Road Island. Some of our owners advised us to
come to Boston, which our three Companies would not
allow of, we having instructions both from the Governor
of Boston and our owners that prizes taken to the Eastward we should send to Boston, and to the southward,
into any of H.M. Governments in America for condemnation. The owners debated the matter with us
a long while, till the three companyes voated to condemn
heare, so that the owners and everyone was well sattisfyed,
neigther was the Governor nor Government of Rhoad
Island anywayes pressing or endeavouring to stop
us from our Commission Port, but we had free liberty
to depart etc. Signed and sealed, Peter Lawrens.
July 18, 1704. 2 pp. |
|
1407. x. Copies of sea-commissions granted by John Greene,
Depty. Governor of Rhode Island, 1694. 3½ pp.
[C.O. 5, 1263. Nos. 57.A.–57.K.] |
| Oct. 29. |
1408.Governor and Council of Rhode Island to the Council
of Trade and Plantations. Acknowledge receipt in August of
charges exhibited against this Government, and Order in Council
Feb. 12, 1704. The time (allowed for our answer thereby) was
expired before the Order came into our hands. We hope noe
advantage hath or wil be taken against us for want of our answere,
since there can be noe default assigned either in our Agent or
ourselves in that point. By the first opportunity we have sent
our answer to our Agent, Mr. Wm. Wharton, etc. etc. Signed,
pr. Order, West. Clark, Sec. Endorsed, Recd. Dec. 31, 1705.
Read Jan. 23, 1705/6. 1 p. [C.O. 5, 1263. No. 57. m.] |
Oct. 29.
Whitehall. |
1409. Council of Trade and Plantations to Mr. Secretary
Hedges. Approve Mr. Dummer's Advertisement (Oct. 24), except what relates to the Spaniards, which we do not conceive
fit for a Publication, but to be managed in more private manner.
And as to the Dutch, we likewise think such a publication improper, our Laws not encouraging so near a correspondence
with other Nations in America. As to proposal of a packet
boat for Newfoundland, we should be very glad that there
were as frequent a communication between that place and
all the Continent, as with the Islands, but having discoursed
with Mr. Dummer, we do not find him inclined to undertake
the same, the place being sufficiently frequented in the summer,
and that navigation being almost impracticable in the winter.
[C.O. 324, 9. pp. 112, 113.] |
Oct. 29.
Whitehall. |
1410. Circular letter to H.M. Governors in America from
the Council of Trade and Plantations, recommending Mr. Dummer
and his Agents to their assistance. "And for your better information we send you the inclosed scheme, prepared by him, to be
made public." Mem. The scheme to be added by Mr. Dummer.
[C.O. 324, 9. p. 112.] |
1705.
Oct. 29.Whitehall. |
1411. W. Popple, jr., to Mr. Attorney General. The Council
of Trade and Plantations desire your opinion upon the case of
Thomas Maycock. [Oct. 26.] [C.O. 29, 9. p. 399.] |
Oct. 30.
Whitehall. |
1412. W. Popple to Sir Edward Northey. Encloses Acts of
Nevis, March—July, 1705, for his opinion in point of Law. List
of Acts annexed. [C.O. 153, 9. pp. 268–273.] |
| [Oct. 30.] |
1413. S. Wright to the Council of Trade and Plantations.
Enters a caveat, on behalf of Col. Joseph Crisp of St. Christophers,
against two Acts of the Leeward Islands, unjustly directed against
him. Signed, Sam Wright. Endorsed, Recd. Read Oct. 30,
1705. ¾ p. [C.O. 152, 6. No. 24.] |
Oct. 31.
Bermuda. |
1414. Lt. Governor Bennett to the Council of Trade and
Plantations. Your Lordps.' of Aug. 30 last I recd., by which I
understand mine of Jan. 31 last miscarried. I sent it via Barbados,
and had an account of its being delivered to the packt. boat,
which I must conclude was either lost or taken, or former methods
were again put in execution of intercepting my letters. Acknowledges letters of March 6, April 20, 26, 27 and May 30; answered
Oct. 9, duplicate enclosed. By H.M. Order, April 26, I find I
am to receive Orders to send Lieut. Henley home: if he is to
remain here till an opportunity happens directly for England,
it may not be in years, but with submission (as I have acquainted
Mr. Sec. Hedges) I think it most expeditious, that he be sent
from thence to Virginia, with orders that a man of war there
may receive him and his family. Acknowledges orders, July 28,
for a publick thanksgiving, which I will take care to have observed
accordingly. Repeats complaint against Capt. Jones for arresting
the Provost Marshal etc. I did never affix the seal to any thing
but what was done by the hands of the Secrty. or his Deputy.
Your Lordps. say that the Provost Marshall should be made use
of for the Ministeriall keeping and issueing the stores: a considerable time before Capt. Jones, his return heither, I by the advice
of the Council ordered that sufficient powder houses should be
built in the severall Forts, and when compleated I delivered
powder and ammunition to the respective Commanders thereof:
also by the like advice I distributed to the Feild Officers and
Captains of the Militia, barlls. of powder, to be by them securely
kept, and took their receipts for the same. My reasons for all
which were that as the magazine stands in the Town of St. Georges,
and severall houses near it, and some of them thatched, which
makes it very hazardous trusting the whole store of powder
there, and that by haveing a quantity in the Castle and Forts,
it was more secure and ready at hand on occasion; and by giving
some in charge to the Field Officers and Captains, it was still
more distributeing it, consequently an accident could not be
so fatall, as if all were under one roof: besides, should an enemy
attempt and take the town, and we forced to retreat into the
country, we are still sure of a supply of ammunition. If I and
the Council have been wrong in this affair, I shall (if your Lordps.
think[s] fit) call in all the powder etc. soe distributed, and put
it into the magazine, and give it into the keeping of Capt. Jones.
I hear that one Dr. Star, who has been a continuall disturber
of Govermt. since my comeing, hath prefer'd a remonstrance
to your Lordps. relateing to his hardships received, therefore I
thought proper again to transmit the proceeding against him att
the Quarter Sessions. As in mine of Oct. 9, all courts stand
still till your Lordps.' directions arrive, should I have suspended
the Council for not complying with H.M. Order (of restoreing
the Secretary and Provost Marshall to all his offices) and turned
out the Judges for not allowing his pretensions of being their
Clark, it would have made a distraction in the Govermt., for
I cannot find out five persons qualifyed to be Councellors nor
Judges that will act if Capt. Jones was to be their Clark, the
Country in generall is so much against him, therefore thought
it better to continue them now in, that there may be some show
of authority. Signed, Ben. Bennett. Endorsed, Recd. June 24,
Read July 2, 1706. Holograph. 4 pp. Enclosed, |
|
1414. i. Proceedings of Quarter Sessions, Bermuda, July 13,
and Aug. 25, 1704, against Josias Starr. Upon the
information of Thomas Burton, Attorney General,
Dr. Starr was sentenced to receive 39 lashes on his
naked back, well laid on by the common hangman,
at the common whipping post at the town bridge in
St. Georges and to be kept in gaol until the next General
Assizes, for writing and speaking to "villifie, contemn
and lessen the members of H.M. Council" etc. Further
complaint against Dr. Starr on H.M. behalf referred till
next legal Court. Endorsed as preceding. Copy. 4½ pp.
[C.O. 37, 7. Nos. 28, 28.i.; and (without enclosure)
38, 6. pp. 191–195.] |
