|
Dec. 4.
Cockpit. |
1488. Mr. Secretary Hedges to the Council of Trade and
Plantations. H.M. approving your representation of Nov. 14,
you are to prepare a draught of a Commission and Instructions
for Mr. Bridger accordingly. Signed, C. Hedges. Endorsed,
Recd. Read Dec. 5, 1705. 1 p. [C.O. 5, 863. No. 148; and
5, 911. p. 3.] |
Dec. 5.
St. James's. |
1489. Order of Queen in Council. Refer Edward Chilton's
petition that his appeal be admitted etc. to the Committee for
Appeals. [See Acts of Privy Council, II. No. 981.] Signed,
John Povey. Endorsed, Recd. Read Dec. 7, 1705. 1¼ pp.
[C.O. 28, 9. No. 26; and 29, 9. pp. 454. 455.] |
Dec. 5.
Whitehall. |
1490. W. Popple, jr., to P. Docminique. Encloses
Observations of the Council of Trade on Memorial of Nov. 14, q.v.
[C.O. 5, 994. A. pp. 255, 256.] |
Dec. 5.
Whitehall. |
1491. W. Popple, jr., to Sir Edward Northey. The Governor
of Maryland having transmitted to the Council of Trade and
Plantations 2 Acts (see Dec. 21)—(1) For suspending the prosecution
of any Priests of the Communion of the Church of Rome, incurring
the penalties of the Act; (2) to prevent the growth of Popery within
this Province, past Oct. 3, 1704; And their Lordships being under
some doubt, (1) whether in case H.M. do not signify her pleasure
within 18 months, the suspending Act do then expire, or whether
the same do remain in force after the 18 months until H.M.
pleasure be signified; (2) whether in case H.M. do signify her
pleasure for the continuance of this suspending Act for a certain
time, after the expiration of the 18 months, or until H.M. further
pleasure, the said Act will remain in force accordingly. Their
Lordships desire your speedy answer thereunto, the ships for
those parts being upon their departure. [C.O. 5, 726. p. 345.] |
Dec. 5.
Admiralty Office. |
1492. J. Burchett to Mr. Secretary Hedges. H.R.H. has
given directions to the Captains of H.M.S. in the West Indies,
not to imprest any of the men belonging to the Greyhound of
London, and if you will write to the Governor of Jamaica not to
suffer to be imprest any of her men, the ship may come the more
safely home with her rich loading. Signed, J. Burchett.
[S.P. Naval, 7. Under date.] |
Dec. 6.
Admiralty Office. |
1493. Mr. Burchett to W. Popple, jr. In answer to your
letter, I do acquaint you that H.M.S. Lowestaffe, a 5th rate of 32
guns and 145 men, Capt. George Fane, and Tryton's prize, a 6th
rate of 30 guns and 115 men, Capt. Thomas Miles, are now
attending on New Yorke. Signed, J. Burchett. Endorsed,
Recd. Read Dec. 7, 1705. Addressed. 1 p. [C.O. 5, 1048.
No. 125; and 5, 1120. p. 377.] |
| Dec. 6. |
1494. Sir E. Northey to the Council of Trade and Plantations.
I have considered the petition of Mr. Maycock (see Oct. 26, 29),
and have heard him and also the Agents of Barbados, who alledge
that without time be allowed them to send to Barbados for
authentick proceedings of the Court of Chancery, they cannot
answer to those complaints. Mr. Maycock hath produced annexed
affidavits. It seems to me petitioner hath been hardly dealt
with, if what is sworn be true, for by the course of Courts of
Equity in England, if the Defendant being served with process
to appear is in contempt for not appearing, and the processes of
contempt have been carried to a sequestration, the Deft. appearing
by his Attorney and paying the costs the Pltf. hath been at in
prosecuting in such contempt, the sequestration and all other
process founded on such contempt is to be sett aside, and the
Deft. hath right, if absent at distance from the place where the
Court is holden, to have a Commission to take his answer. In
this case it appears that the Attorneys of the Deft. did desire
to appeare for him, and the costs were offered to be paid, but the
Attorneys prayed to be made partyes to the suite, which could
not be, for if so the Pltf. would thereby have been deprived of the
discovery he had a right to have from the Deft. by his oath, but
they should have appeared for him and prayed a Commission
to take his answer, which I doe not observe was done, yet it is
alledged by the Petitioner that the prayer to have the Attorneys
made partyes is according to the constant practice of the Islands,
where the partyes themselves are absent. But the Deft. ought
to have been admitted to appear by Attorney, and was not bound
to appear in person, as it is sworne was insisted on. This, however, is but the fact as it is stated by one side, the other not
having had opportunity to be heard, and for that reason I am
of opinion H.M. will not be advised to make any such order
for the Petitioner's relief as is prayed. Besides it is not usuall
for H.M. to interpose in causes between party and party depending
in H.M. Courts of Justice by giving directions in what manner
the Judges of such Courts shall proceed therein, nor will it be
proper, for that when there shall be an Appeal from the final
decree in such causes, the same and all the proceedings therein,
are to be laid before H.M. for her Royal determination thereon.
Yet on the hard circumstances of the Petitioner's case appearing
by the annexed affidavits, and for that it hath been admitted
by the Agents that the manner of proceeding in this case is new
and what hath not been often, if at all used, in that Island, I
submit it to your Lordships' consideration whether a coppy of
the petition may not properly be transmitted to the Governour,
with an account of the course of proceeding of Courts of Equity
in England, in case of contempts, and how the same have been
here discharged, directing him to see justice done the Petitioner,
if it hath been denyed him hitherto. Signed, Edw. Northey.
Endorsed, Recd. Read Dec. 6, 1705. 2¼ pp. Enclosed, |
|
1494. i. Affidavit of W. Terrill. Capt. Martin, H.M.S.
Blackwall, refused to allow Alexander Skeene and George
Hey, Dept. Serjt. at arms of Barbados, to serve any
writ upon Capt. Maycock or himself on board H.M. ship,
Sept., 1704. Signed, Wm. Terrill. Nov. 24, 1705.
1 p. |
|
1494. ii. Affidavit of C. Squire. One of the Attorneys constituted by Capt. Maycock. Being informed that the
Serjeant at arms had attempted to serve a ne exeat
insulam, Deponent enquired whether any bill of complaint was filed against him. He was informed that
Capt. Josiah Harrison had, Sept. 16, 1704, done so, as
executor of Robert Harrison, merely, deponent believes,
to obstruct his departure from the island, he having
long before adjusted accounts with Harrison, etc. No
return of the subpæ or ne exeat insulam was made
till some time after Xtmas. Deponent and Capt. John
Maycock, another of Col. Maycock's Attorneys, several
times after enquired of the Deputy-Register, if any
further process was had upon the said bill. There was
noe account of any till about May 11, 1705, deponent
had notice that an attachment had issued against
Col. Maycock, May 16, which was returned 14th, and
the same day a Proclamation of Rebellion issued. Upon
which Deponent and Capt. John Maycock petitioned
the Governor that the irregularities of the said process
might be examined into and in the mean time all proceedings be stayed, but that in case H.E. was of opinion
that the process had been regularly issued, that then
they, as Attorneys, might be admitted partyes Defts.
according to the usual practice of the Island. Which
petition was ordered to be heard the next sitting of the
Court of Chancery. But noe proceedings was ordered
to be stopped, in spite of another petition to H.E.
Both Attorneys were always ready to appear on behalf
of T. Maycock. Deponent offered to pay the costs,
but no costs would be received. An Order of Sequestration was granted, after Major George Lillington,
Col. Richard Downes and Capt. John Maycock's petition
to H.E., that T. Maycock's estate might remain in the
hands of Capt. John Maycock to manage, they giving
10,000l. security, had been rejected. Signed, Chars.
Squire. Endorsed, Recd. Read Dec. 6, 1705. 3 large
pp. [C.O. 28, 9. Nos. 21, 22, 22.i.; and 29, 9. pp. 415–429.] |
Dec. 6.
Whitehall. |
1495. Mr. Secretary Hedges to Governor Handasyde. Upon
the petition of the owners of the Greyhound frigat, it is ordered
that her seamen are not to be impressed. Signed, C. Hedges.
[C.O. 324, 30. p. 49.] |
Dec. 10.
St. James's. |
1496. The Queen to Governor Seymour. Instructions as
to prizes, similar to instructions to other Governors given
No. 1417, q.v. Countersigned, C. Hedges. [C.O. 324, 30.
pp. 49, 50.] |
Dec. 11.
Cockpitt. |
1497. Sir C. Hedges to the Council of Trade and Plantations.
Have you any objection to following? Signed, C. Hedges.
Endorsed, Recd. Read Dec. 12, 1705. 1 p. Enclosed, |
|
1497. i. John Smith to the Queen. Prays for an order that the
Factor, of Byddiford, may have permission to sail from
Virginia when ready, in case she be not ready to sail
with the convoy. ½ p. [C.O. 5, 1314. Nos. 68, 68.i.;
and 5, 1361. pp. 405, 406.] |
| Dec. 11. |
1498. Same to Same. Have you any objection to following ?
Signed, C. Hedges. Endorsed, Recd. Read Dec. 12, 1705. 1 p.
Enclosed, |
|
1498. i. Edmund Jennings of Virginia to the Queen. Prays
for permission to come into England for some short
time to settle his private affairs etc. 1 p. [C.O. 5, 1314.
Nos. 69, 69.i.; and 5, 1361. pp. 407, 408.] |
| [Dec. 11.] |
1499. C. Lodwick to the Council of Trade and Plantations.
Alderman Hutchins being by the illegal prosecution at New York
[C.S.P., 1702], become disturbed and thereby uncapable of giving
security, as required, not to prosecute any of the Actors in those
matters, the Assembly have passed a new Act reversing the
sentence without those clauses your Honours were pleased to
dislike. Prays the recommendation of the Act for H.M. Approval.
Signed, Charles Lodwick. Endorsed, Recd. Read Dec. 11, 1705.
¾ p. [C.O. 5, 1048. No. 126; and 5, 1120. pp. 377–379.] |
Dec. 13.
St. James's. |
1500. Order of Queen in Council. Confirming Act of
Antigua appointing a Council for repairing trenches etc. [See
No. 1420.] Signed, Chris. Musgrave. Endorsed, Recd. Read
Jan. 3, 1705/6. 1¾ pp. [C.O. 152, 6. No. 30; and 153, 9.
pp. 284–286.] |
Dec. 13.
St. James's. |
1501. Order of Queen in Council. Repealing two Acts
of Antigua as proposed in Representation of Nov. 1st. Signed,
Chris. Musgrave. Endorsed, Recd. Read Jan. 3, 1705/6. 1¾ pp.
[C.O. 152, 6. No. 31; and 153, 9. pp. 286–288.] |
Dec. 13.
Whitehall. |
1502. Council of Trade and Plantations to Mr. Secretary
Hedges. We have no objection to Col. Jennings coming to
England (Dec. 11), he leaving a sufficient Deputy to be approved
of by the Governor. [C.O. 5, 1361. p. 409.] |
Dec. 13.
St. James's. |
1503. Order of Queen in Council. Order of Oct. 26 vacated.
(See Nov. 29.) Lillington is granted leave to appeal. Copies of
all proceedings in the case to be transmitted from Barbados,
and of all papers exhibited at this Board to the Governor and
Council for their answer. On giving security to prosecute his
appeal, his fine of 2,000l. is to be remitted to Lillington etc. Signed,
Chris. Musgrave. Endorsed, Recd. Read Dec. 19, 1705. 2 pp.
[C.O. 28, 9. No. 27; and 29, 9. pp. 459–461.] |
Dec. 13.
Whitehall. |
1504. Council of Trade and Plantations to the Queen.
Report upon the petition of T. Maycock in accordance with the
Attorney General's opinion (Dec. 6), etc. Set out, Acts of Privy
Council, II. No. 977. [C.O. 29, 9. pp. 456–458.] |
Dec. 13.
St. James's. |
1505. Order of Queen in Council. Approving preceding.
Petitioner's estate to be put into his attorney's hands, upon good
security given, etc. The Governor to take care that speedy
justice be done and an account of proceedings transmitted, etc.
See Acts of Privy Council, II. No. 977. Signed, Chris. Musgrave.
Endorsed, Dec. 19, 1705. 1 p. [C.O. 28, 9. No. 28; and 29, 9.
pp. 461, 462.] |
Dec. 14.
Whitehall. |
1506. W. Popple, jr., to Mr. Attorney General. Encloses
Act of New York for declaring the illegality of the proceedings against
Col. Bayard and Alderman Hutchins, etc., together with his report
upon a former Act and H.M. Order thereupon. The Council of
Trade and Plantations desire your opinion whether by this present
Act the persons concerned in those proceedings are sufficiently
indemnify'd and secured from prosecutions for what they did
therein under the orders of those who had power to command
them. [C.O. 5, 1120. p. 380.] |
Dec. 14.
Whitehall. |
1507. Same to Mr. Lodwick. Encloses preceding. Cf.
No. 1499. [C.O. 5, 1120. p. 381.] |
| Dec. 14. |
1508. Lord Baltimore to Wm. Hunter and those of his Society
in Maryland. I have had commands by the Council of Trade and
Plantations to attend that Board, where a letter from Col. Seymour
was read to me signifying many irregularities you and those of your
society have bin guilty of in that Province, particularly your
indiscreet zeale by intruding into protestant families, and there
giving great disturbance to people on theire death-beds; such
actions as these I assure you have given great offence, and if
you are not very careful to avoyd the like for the future, you will
give just occasion for your removal out of that Province, and
then you will not only forfeit what you have there, but the
Catholicks, whom, as I take it, you are only there to assist and
serve, will be depriv'd of the means of serving god, which will
be a great affliction to them, as it will be a great trouble to me,
after this admonition given you by, Gentlemen, your Friend.
Endorsed, Recd. Read Jan. (7), 1705/6. Copy. 1 p. [C.O. 5, 716.
No. 2; and 5, 726. pp. 359, 360.] |
Dec. 14.
London. |
1509. Mr. Blakiston to the Council of Trade and Plantations.
Recommends William Burd (Byrd) to be of the Council of Virginia
in his father's room, he having had a liberal education in England
and haveing a considerable estate in that country, and being
H.M. Receiver General. Signed, N. Blakiston. Endorsed, Recd.
Read Dec. 17, 1705. Holograph. 1 p. [C.O. 5, 1314. No. 70;
and 5, 1361. p. 411.] |
Dec. 14.
Whitehall. |
1510. Council of Trade and Plantations to Mr. Secretary
Hedges. We have considered the petition of John Smith,
Dec. 11, and are thereupon of opinion that it does in ye general
very much contribute to the security of trade that ships bound
from the Plantations to England during the time of war be to
attend the sailing of their respective convoys, according to H.M.
Instructions to her Governors in America, for that besides other
reasons referring to trade, it may so happen that ships coming
from those parts before the sailing of their convoy may fall into the
enemies hands and give such intelligence of the time when such
convoy with the remaining fleet is designed to follow as may
endanger the same. And having discoursed with the person
solliciting this affair, we find that the does desire the said ship
may have leave to sail from Virginia before the convoy now
designed thither shal return, which we think improper for the
reason above mentioned; but whereas it is alledged that the
said ship is a swift sailer, carrying 20 guns and 50 men, and having
a letter of mart, we have no objection why she may not be permitted to come away at what time the Commander thinks fit,
in case she be detained there after the sailing of the said convoy,
there being no second convoy as we understand intended for the
next year. [C.O. 5, 1361. pp. 409, 410.] |
Dec. 15.
Cockpit. |
1511. Mr. Secretary Hedges to the Council of Trade and
Plantations. In the Instructions for Mr. Bridger [Dec. 4], you
are to prepare one directing him to give an account of all he does
from time to time to the Governor of the place, and to send a
duplicate thereof hither. You will please to prepare an
Instruction to the severall Governors to receive and examine
such accots., and to send hither their respective opinions upon
the account from time to time, as also how that service goes on,
and what probability there shall be of its being brought to perfection, and what may be proper to be done towards it. Signed,
C. Hedges. Endorsed, Recd. Read Dec. 17, 1705. 1 p.
[C.O. 5, 863. No. 149; and 5, 912. pp. 18, 19.] |
| [Dec. 17.] |
1512. T. Allen to the Council of Trade and Plantations.
Memorial in support of his petition. [See Oct. 11.] If he should
be obliged to begin his action anew, he might, by time and death
of witnesses etc., lose the benefit of proofs already made, etc.
He adds that, having a controversy at law with the inhabitants
of New Hampshire for all or greatest part of the lands in it, they
are continually cutting down the timber fittest for shipping etc.,
so that in case some stopp be not put thereto, his estate will be
extreamly impaired, wherefore he prays your Lordships so to
represent it to H.M. that he may obtain an Order in Council
forbidding waste by cutting timber other than necessary for
building and repairing houses, firing, fencing etc. Otherwise he
will be utterly remediless, it being to no purpose to make
application therein to the Courts there, the judges as well as the
juries being all parties in interest. Signed, Thomas Allen.
Endorsed, Recd. Read Dec. 17, 1705. 2½ pp. [C.O. 5, 863.
No. 150; and 5, 912. pp. 24–27.] |
Dec. 18.
Williamsburgh. |
1513. Mr. Jenings to the Council of Trade and Plantations.
My very great indisposition at the saileing of the last convoy
disabled mee from addressing your Lordships, and hope of your
Lordships' pardon. Returns most humble thanks, etc. The
unbyassed and even comportment of H.E. Coll. Nott makes
most persons easy, and hope a small time by the moderate method
and ways hee uses will silence and quiett prejudice and scandle,
wch. lately has bin too much instilled and made use of by some
uneasy persons. The Assembly mett the appointed Oct. 23, and
on consideration of H.E. speech entred up the revised laws, and
ye House of Burgesses went through severall of them without
difficulty. The Clergy Bill passed the House, but with such
material alterations from that returned from your Lordships,
that after twice reading itt lyes before ye Council, whose endeavours
are to bring itt as near as may bee to ye revised Bill; I am extream
doubtfull that the Burgesses will not be perswaded to allow
ye 40 per poll in lieu of 16,000lb. of tobacco and cask to ye
Ministers, the several Countys having shewn their aversion by
their Burgesses, and also against inductions according to the
method of England. The Revenue Bill has passed the house of
Burgesses with advantage to the Crowne by takeing off 5 per
cent, from the allowance of 10 per cent, customarily given the
Masters for good payment, and in account of their loading, which
may amount to about 150l. per annum. The Burgesses has also
voted that a Governor's house is necessary to bee built, and
have appointed a Committee to draw a Bill for Ports, in every
of wch. no pains will be wanting or means and opportunities
omitted, whereby H.E. and Council can propagate the Church
or H.M. interest. The winter season advancing and the House of
Burgesses finding they could not with ease pass through the
whole body of the Laws, prayed for a recess, wch. on advice in
Council H.E. granted liberty to adjourne to April 24, wch. is
thought a more proper season, and hope they will then chearfully
proceed in what may be for H.M. service. H.E. layd before the
Council H.M. commands for advancement of ye Quitt-rents and
obtaining a perfect rent roll, in wch. present directions are given
to ye several Shereffs and proper officers, what now relates to the
Rent Roll falls to my lott, wch. will require much time to perfect,
yet hope by the next Fleet to make such a progress as may inable
mee to give your Lordsps. some satisfaction therein. The Colledge
of William and Mary was unfortunately burnt on Oct. 29; H.E.
recommended to ye Council and Burgesses then sitting to make
inquiry by what means that disaster happened, but could not
bee fixed, tis pity their Majestyes benevolence and ye contributions of the Country are lost, without attaineing the least intended
good of Virginia. Repeats part of Governor Nott's letter of
Dec. 24, etc. Signed, E. Jenings. Endorsed, Recd. 6th, Read
Feb. 28th, 1705/6. Holograph. 4 pp. [C.O. 5, 1315. No. 12;
and 5, 1362. pp. 1–4.] |
Dec. 18.
St. James's. |
1514. Order of Queen in Council, approving Representation
of Nov. 29. The Council of Trade and Plantations to give the
necessary directions accordingly and signify H.M. pleasure to the
Governor of Maryland and others concern'd, as they shall judge
requisite. Signed, John Povey. Endorsed, Recd. Dec. 22, Read
Jan. 21, 1705(6). 1 p. [C.O. 5, 716. No. 6; and 5, 726.
pp. 365, 366.] |
Dec. 19.
Cockpit. |
1515. Mr. Secretary Hedges to the Council of Trade and
Plantations. Have you any objection to enclosed petition ?
Signed, C. Hedges. Endorsed, Recd. Read Jan. 2, 1705/6. 1 p.
Enclosed, |
|
1515. i. Peregrine Brown of London to the Queen. Prays
permit for the Nicholson, in case she cannot be loaden
in time to sail with the convoy from Maryland, to sail
for England without it. 1 p. [C.O. 5, 716. Nos. 1,
1.i.; and 5, 726. pp. 351–353.] |
Dec. 19.
Cockpit. |
1516. Mr. Secretary Hedges to Governor Nott. You are
to suffer the Factor to sail when the Commander desires, without
staying for convoy. Signed, C. Hedges. [C.O. 324, 30.
p. 51.] |
Dec. 19.
Whitehall. |
1517. Council of Trade and Plantations to Mr. Secretary
Hedges. In obedience to H.M. commands (Dec. 4 and 15), we
have prepared a draught of Instructions for Mr. Bridger, which
you will please to lay before H.M. We are writing to the several
Governors on the Continent directing them to transmit such
accounts as they shal receive from Mr. Bridger with their opinions
thereupon. And whereas we are directed (Dec. 15) to prepare a
Commission for a Surveyor of the Woods; we take leave to
inform you that such Commission has always past the Treasury,
the Surveyor of the Woods being an Officer of the Revenue, and
no proper form of such a Commission remaining in our Office.
Annexed, |
|
1517. i. Instructions to John Bridger. Whereas it is of great
advantage to our Kingdoms that our Royal Navy and
the shipping of England be supplyed with naval stores
from our Plantations in America, we have appointed
you to be Surveyor of our Woods on the Continents of
America. You are therefore to repair to New England
and to exhibit to our several Governors there your
Commission, as also such part of our Instructions in
that behalf as may be requisite from time to time.
You are in the first place to repair to those parts of
New England where you shal find it most for our service
to take a survey of our woods, and to do all that in
you lyes for the preserving of the same. You are to
restrain as much as possible the liberty the people take
within any woods belonging to us, in cutting down and
converting to other uses such trees as are fit for masting
our Royal Navy, and to take care that such trees be
reserved particularly and solely to that service. And
whereas we are desirous that our Dominions be furnished
with pitch, tar, hemp and other naval stores from the
Plantations, and application having been made to us
by divers merchants and traders to the Plantations that
a person expert in the producing and fabricating such
stores should be sent to those parts, and being sensible
of your knowledge and experience herein, you are likewise upon your arrival to use your best skill and care
in instructing the inhabitants of New England and other
our Colonies in the right and proper method of producing
making and fabricating of tar and pitch, and to direct
them, as well in the choice of trees as land proper
for the producing these commodities, as likewise for
producing hemp and such other naval stores as are
imported from the East countrys and other foreign
parts. You are to endeavour by your advice and
instruction to correct any errors the inhabitants may
run into, in the manufacturing the said commodities.
You are to advise the inhabitants that they take care
that all such pitch and tar as shall be shipt from thence
be clean and free from dirt and dross, and that the
respective makers of those commodities do put their
names and the place where such commodities were made
upon each cask in which the said pitch and tar shal
be put. You are to make application to our Governours
in those parts that they endeavour to get such Acts
past in their respective Governments as may be proper
for encouraging the said undertaking, and for preventing
abuses that may be committed therein. When you
shal have done what is necessary in New England, you
are to proceed to other our Plantations, proper for
such productions, in order to the instructing the
inhabitants there in the same manner. You are to
keep a particular account of all your proceedings herein,
and what progress you make from time to time, as also
what particular obstructions you shal meet with, if
any; and give an account thereof to us by one of our
principal Secretaries of State and to our Commissioners
of Trade and Plantations, as also to our Governors of
the respective Plantations where you shal be, together
with your opinion what further orders or instructions
may be requisite for the perfecting this so necessary
undertaking. [C.O. 5, 912. pp. 56–60.] |
| Dec. 19. |
1518. Mr. Attorney General to the Council of Trade and
Plantations. In reply to enquiries of Dec. 5 concerning Maryland
Acts. (1) I am of opinion the suspending is to continue in force
for 18 months, unless sooner determined by H.M. pleasure, and
the clause that no prosecution shall be untill ye expiration of
18 months, or until H.M. shall declare her pleasure, I think can
have no other construction, and therefore in all events the Act
is to determine at ye end of 18 moneths, without H.M. pleasure
declared and sooner, if she shall so please to declare; (2) I am
of opinion all ye power reserved to H.M. by ye Act is to determine
ye Act within 18 moneths, but H.M. cannot by her Declaration
continue longer ye suspension of ye former Act. Signed, Edw.
Northey. Endorsed, Recd. Read Dec. 20, 1705. 1 p. Enclosed, |
|
1518. i. W. Popple, jr., to Mr. Attorney General. See No. 1491.
1½ pp. |
|
1518. ii. Extract of Governor Seymour's letter of July 3.
1 p. [C.O. 5, 715. Nos. 93, 93.i., ii.; and (without
enclosures) 5, 726. pp. 348, 349.] |
Dec. 19.
Whitehall. |
1519. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclose extract of Governor Dudley's letters relating
to the French, to be laid before H.M. We think that it may be
for H.M. service that the value of the sloop be given to the
deserters from Port Royal, as proposed, and that his proposal
concerning Quebec is worthy of consideration. [C.O. 5, 912. p. 61.] |
Dec. 19.
Whitehall. |
1520. W. Popple, jr., to Mr. Lowndes. Encloses extracts
of Governor Dudley's letter, July 25 last, relating to the Post Office,
and his account of pirates' goods etc., to be laid before the Lord
High Treasurer. The Council of Trade and Plantations, in
consideration of the great care and pains Col. Dudley had in
seizing and securing the said pirates and their effects, and that
neither he nor the Lieut. Governor have any salary settled upon
them, recommend that there may be such a reward allowed them
out of the said treasure, as his Lordship shall think fit. [C.O. 5,
912. pp. 62, 63.] |
Dec. 20.
Whitehall. |
1521. Mr. Popple to Mr. Attorney General. The Council
of Trade and Plantations desire your opinion whether it be fit
for H.M. to grant Mr. Thomas Allen's petition (Oct. 11, Dec. 17).
[C.O. 5, 912. p. 63.] |
Dec. 20.
Whitehall. |
1522. W. Popple, jr., to J. Burchet. Extract of letter from
Gov. Dudley, July 25, relating to the privateer of Mr. Gallop etc.
(Cf. Nov. 16), for H.R.H. directions. [C.O. 5, 912. p. 64.] |
Dec. 20.
St. James's. |
1523. Order of Queen in Council. Refer following to the
Council of Trade and Plantations for their report. Signed, Chris.
Musgrave. Endorsed, Recd. Read Feb. 12, 1705. Enclosed, |
|
1523. i. Thomas Newton, marriner, to the Queen. Petitioner
has an undoubted right to Hogg Island, but the Colony
of Rhode Island have taken possession of it, and granted
it to John Burden, and bound themselves by an Act of
Court to stand by him etc. Prays for an impartial trial
in the next adjacent province. Signed, Tho. Newton.
Copy. 1¾ pp. [C.O. 5, 1263. Nos. 61, 61.i.; and
(without enclosure) 5, 1291. pp. 321, 322.] |
Dec. 20.
Whitehall. |
1524. Council of Trade and Plantations to the Queen.
Summarize Governor Dudley's letter of July 25 relating to Rhode
Island and Connecticut. Recommend Richard Waldron to be
appointed to the Council of New Hampshire as proposed.
[C.O. 5, 912. pp. 65–68.] |
Dec. 20.
St. James's. |
1525. Order of Queen in Council. Referring back the (above)
Representation to the Council of Trade and Plantations, to
enumerate the severall misfeazances and illegall proceedings of
the Charter Governments and Proprietys in America, in prejudice
to the Trade of this Kingdom and H.M. Plantations, and also
the advantages and conveniencys that may arise by reducing
such Proprietys and Charter Governments etc. Signed, John
Povey. Endorsed, Recd. Read Jan. 2, 1705/6. 1 p. [C.O. 5, 863.
No. 151; and 5, 912. pp. 68, 69.] |
Dec. 20.
St. James's. |
1526. Order of Queen in Council. Ordering a warrant
to constitute Richard Waldron a Member of Council of New
Hampshire, in the room of John Hincks, who has left that country
without leave, as recommended by Governor Dudley. Signed,
Chris. Musgrave. 1 p. [C.O. 5, 931. No. 7.] |
Dec. 20.
Whitehall. |
1527. Council of Trade and Plantations to the Queen.
There being a vacancy in your Majesty's Council of Virginia by
the death of Col. Bird, and Col. John Smith and John Lewis
having been admitted into the Council there by Col. Nicholson,
pursuant to his Instructions, which being unknown to us at the
time when the Instructions to Col. Nott were prepared by us,
their names were left out of the said Instructions, and having
had a good character of the said Smith and Lewis, we humbly
offer that they be restored to their places as vacancies shall happen,
and whereas there is one vacancy at present, we offer that Smith
be restored to the Council and take his former place and precedency
therein. [C.O. 5, 1361. p. 413.] |
Dec. 20.
St. James's. |
1528. Order of Queen in Council. Mr. Secretary Hedges
to prepare a warrant for re-admitting Col. Smith to his former
place in the Council of Virginia. Signed, Chris. Musgrave. 1 p.
[C.O. 5, 1315. No. 1; and 5, 1340. No. 18; and 5, 1361.
pp. 424, 425.] |
Dec. 20.
St. James's. |
1529. Order of Queen in Council. Mr. Secretary Hedges
to prepare a warrant for readmitting John Lewis to his former
place in the Council of Virginia, after the next vacancy. Signed,
Chris. Musgrave. Endorsed, Recd. Read Jan. 3, 1705/6. 1 p.
[C.O. 5, 1315. No. 2; and 5, 1340. No. 17; and 5, 1361.
pp. 425, 426.] |
| Dec. 21. |
1530. Remonstrance of the Roman Catholicks of Maryland
to the House of Delegates. The said Roman Catholicks are
much surprized to find themselves by an Act past the last sessions
of Assembly deprived of that liberty in point of religious worshipp
wch. they and their ancestors have without interruption constantly
enjoyed from the first seating of this Province together with
the rest of theire fellow-subjects of different perswasions, and
that not onely by the publick conditions proposed by the propryes
[sic] to all persons for encouragement of seating heare, but allsoe
by a law heretofore passed by the whole representative body of
the Province and assented to by the proprytor, wch. has for a
long time been found by evident experience to have contributed
very much to the peopling of the country, and the firme settlement
of a friendly and sincere union between all the people towards
carryeing on the common interest of the Crowne of England and
theire owne. It is noe small addition to theire surprise herein
when they consider that in this Assembly are severall persons
who cannot be ignorant that the said Roman Catholicks or their
ancestors have allwayes been as active and forward in hazarding
theire lives and fortunes for the common interest and reduction
of the country to the English subjection and suppression of the
Heathen as any other proportionable number of the people,
and that in the severall attempts therein a great many of them
lost their lives as well by the hands of the infidell enemy as by
the hardshipps which the seating of such a desarte as this was
must of necessity render people lyable to, and that now they
think it the greatest of hardshipps, when they and their posteritys
are in a faire way of reaping some advantages of theire past laboures
and expence in conjunction with the rest of their fellow subjects
to be deprived of that liberty and freedom upon the encouragement whereof they or forefathers chiefly transported themselves
hither. The Charter which laid the foundation of this Province
being granted by a Protestant Prince to a Peer knowne to be a
roman Catholick, it cannot in reason be conceived but that it was
given for granted by that Prince the said Peer and successors
should allow a tolleration and freedom of conscience as well to
such of his owne perswasion as should transport themselves
from their native country to contribute towards the peopleing
a Desart at soe great a distance, as to others, and if soe in the
beginning of the settlement, it is humbly conceived that in all
justice and conscience the covenant ought to continue to posterity.
The said Roman Catholicks being informed by some persons,
who may well be supposed to know, that the [ ] did not
intend to restraine them in their liberty as the words of the Act
doe, but that onely some irregularityes were intended to be
remedied thereby, are in great measure eased of the dread which
the consequencies of such a law must bring upon them, wherefore
they most humbly pray that as the said Act begune in this
Honble. house, directions may be given that such moderate
methods may be taken therein as to the prudence, wisdome and
justice of the House shall be thought reasonable, and suitable
to the originall constitution, and H.E. the Governor and the
honourable Councill addressed to concurr thereunto that thereby
the said Roman Catholicks (who noe longer wish for freedom
of conscience in this H.M. Province then they behave themselves
as becomes dutyfull and loyall subjects) may be left in the same
circumstances they have hitherto been, till H.M. pleasure in
relation to them be knowne, to whom they question not but
application has been before this made aboute that parte of H.M.
Royall instructions to H.E. which affects them. Subscribed, |
|
1530. i. By the House of Delegates, Dec. 8, 1704. Upon
reading the within remonstrance, the House are inclined
to indulge the Roman Catholicks in the private exercise
of theire Religion in theire own houses and families,
therefore they doe pray the concurrence of H.E.
and the Council therein, that a bill may be brought in
wch. may allow them such liberty as they have prayed.
Signed, Wm. Taylord, Clk. Ho. Del. |
|
1530. ii. By the Governor and Council in Assembly, Dec. 8,
1704/5. This Board are willing a Bill should be brought
in to suspend the prosecution of any Romish priest
incurring the penaltys of the late Act by exercising
their function in a private Ro. Catho. family dureing
tearme of 18 months or until H.M. pleasure shall be
knowne therein. Signed, Wm. Bladen. Endorsed, Recd.
Read Dec. 21, 1705. 2 pp. [C.O. 5, 715. No. 94.] |
Dec. 21.
Whitehall. |
1531. W. Popple, jr., to the Bishop of London. The Council
of Trade and Plantations having agreed their report upon the
Acts of Maryland relating to Popery (Dec. 5, 21), send you the
same. They will again meet Jan. 2, at which time they will be glad
of your Lordship's company in order to sign the same, if your
Lordship have no objection thereunto, or unless your Lordship
will think fit to sign it before. [C.O. 5, 726. p. 350.] |
| Dec. 21. |
1532. Order of the House of Commons that the Council of
Trade and Plantations do lay before this House a state of the
Trade with Newfoundland and the Western Islands. Signed,
Paul Jodrell, Cl. Dom. Com. [C.O. 194, 3. No. 86; and 195, 4.
p. 63.] |
Dec. 24.
Virginia. |
1533. Governor Nott to the Council of Trade and Plantations.
I hope ye Proceedings at lenth with ye letter I send in ye nature
of an Abstract, will answer wt. your Lordpps. expect from me.
But I must now beg your Lordpps. pardon in case I trouble you
with wt. may be either not so well expresed or so proper to trouble
you with. I have an instruction that excluds any Councillor from
being one of ye Navall Officers. The Council think itt a very
heard case, that they should be at so great trouble and charge
and yet be made uncapable of any of those places, if they ware
vacant. I leave it to your Lordpps. who are best judges wither
it may be for H.M. service or not. As far as I can yett see it
would be a great satisfaction to ye Governer to have ye restriction
off. An other thing is, there are severall laws yt. are advantagious
to ye Cuntrey yt. I brought over, wch. your Lordpps. had approved
off, which ye Assembly pass here without alteration, but ye
Clergy bill and some others yt. I think are more desired in England
to pass intire, they have very much changed. Now the favour
I beg of your Lordpps. is, to know if I shal pass those laws whare
there is no alteration, and only send over those whare there is
material ons, or send over ye whole Revisal for your Lordpps.
approbation. I do once more beg pardon if I am impertinent,
wch. I hope for because I mean well. Signed, Edward Nott.
Endorsed, Recd. 6th, Read Feb. 28th, 1705/6. 2 pp. [C.O. 5, 1315.
No. 13; and 5, 1362. pp. 4, 5.] |
Dec. 24.
Virginia. |
1534. Governor Nott to the Council of Trade and Plantations.
Refers to former letter. About the middle of Oct. the Marlborough
galley of Bristol arrived here from the West Indies, to lade tobacco
for Bristol, and gives me this opportunity of paying my duty to your
Lordships and transmitting the Journals of the Council and
Assembly since the date of my last letter. Upon the petition of
Wm. Freek, the Master of this ship, I did with the advice of the
Council permit him to sail as soon as he could procure his lading,
cheifly on the account of the ship's being a good sailor, and of
more than ordinary force for a merchant man, and wch. we
thought would afford a safe and speedy conveyance for the public
dispatches that would be necessary to send your Lordships after
the conclusion of the Assembly. The Assembly mett on Oct. 23,
and proceeded on the revised Bills, whereof 22 are sent up to
the Council for concurrence, and of them, 7 are past there without
any amendment, and others sent back to the Burgesses with
amendments; but the weather proving very cold about Nov. 24,
they made application for a recess, but notwithstanding I continued
their setting till the 30th, at which time, according to the advice
of the Council, I gave them leave to adjourn till April 24. The
Burgesses have passed the Act for raising a publick Revenue etc.
with some amendments that will be advantageous to H.M., for,
whereas in the Bill which your Lordships had before you, there
was an allowance of 10 per cent. to the Masters on the 2s. per
hogshead, they have now reduced it to 5 per cent. They have
also appointed all ships trading to be measured, and the fifteen
pence per tun to be paid according to the tuns they measure, wch.
will considerably increase that duty; and it seems that such a
precaution is very necessary; for the tunnage being paid formerly
according to the tuns exprest in the registers (wch. have not been
always exact) some have contrived of late to get their ships
registered anew, at a less burthen than they were registered before,
wch. seems to be cheifly designed to defraud H.M. of the duty on
the tunnage here. The Bill for establishing the General Court
is passed the House of Burgesses in the same manner as it came
from your Lordps., and I believe the Council will make no
alteration in it, except it be as to the holding one of the Courts
in Dec., wch. they seem to think might be contrived to be held
at some more convenient time, considering the coldness of the
weather at that time of ye year, and if they can find a more proper
season, I suppose your Lordps. will not be dissatisfyed. The
Bill concerning the Clergy is not like to succeed so well; the
Burgesses have struck out the 40lb. of tobacco per poll, and the
method of induction: the former they are so positive against
that the Council have not thought fitt to press them on it, and
tho' they have again proposed a method of settlement for the
Clergy, in their amendments to the Bill, there appears but very
little hopes of its taking effect, so that the Clergy are like to
continue much on the same foot as now; however, when the
Assembly meets again, I shal not fail to use my endeavours for
obtaining a better settlement for them. I shal not trouble your
Lordships with an account of any other Bills, since they are not
of so public a nature, and not yet finished: but if your Lordps.
desire further satisfaction as to the progress made in the Laws,
I refer you to the Journal of the House of Burgesses. Upon my
recommending to the Assembly the establishing of ports and
towns, the Burgesses have appointed a Committee to prepare
a Bill for that purpose; they have also resolved that a house be
built for the Governor, but have not yet settled the fund for
carrying it on: but I hope after their next meeting I shal be
able to give your Lordps, a good account of their proceedings
both in relation to the Laws, and the other matters recommended
to them. Being by one of H.M. Instructions directed to cause
the quitt-rents to be sold by inch of candle at the respective
County Courts, upon my laying it before the Council, I found
that the like Instruction had been given formerly and put in
practice, till it was found to be a disservice to H.M. After which
it was ordered that the Auditor should sell the quitt-rents himself,
wch. he usually did in Oct. General Court, and the same method
is thought fit to be continued as most advantageous for H.M.
service. Refers to Journal of Council. I am sorry to inform
your Lordps. that the extraordinary low price of tobacco this
year beyond what hath been known for several years past, will
much lessen the value of H.M. Quitt-rents, tho' all possible care
hath been taken to advance it, particularly by a strict order to
the sherifs to pay the tobacco to the purchasers of the Quitt-rents
as good both as to quality and conveniency as they receive it
in the Counties, wch. it seems they did not think themselves
obliged to observe heretofore. Several persons who had procured
rights and made entrys for land on the South side of Blackwater,
when that land was laid open by order of the late Governor and
Council, and afterwards by an order of the Governor had been
prohibited to survey or patent the said lands, presented a petition
to me for liberty to go on with their surveys. In this case there
had diverse contraversys arisen about the entrys, some parcels
being claimed by two or more different pretenders; others had
fairly entred for their lands and no dispute had been made of
their titles, but both had been restrained from surveying and
patenting what they had entered for; so that to do equal justice
as well as to give satisfaction to all concerned, it was thought fitt
in Council to allow such as had made good entries, and no complaint offered agt. them, immediately to survey and patent their
land according to the laws and usage of the country. And for
such whose entrys are contraverted they are to be heard in Council
on the second day of the next General Court, and if any irregular
proceedings have been heretofore in that matter, I hope they
may then be rectifyed; and by this permission a further addition
made to H.M. Quitt-rents. Refers to Journal. Upon consideration of my Lord High Treasurer's letter and memorial
for improvement of H.M. Quitt-rents, directions are given to the
respective Sherifs for the better discovering all lands held of
H.M. and the arrears of Quitt-rents due for the same, and suitable
rewards promised to encourage their dilligence; a form is also sent
them for the more regular making up their rent-rolls. And I am
not without hopes that these directions will have some good
effect for H.M. service both in augmenting that Revenue, and
for obtaining a perfect Rent-roll, wch. is so much desired. For
accomplishing the latter, Mr. Secretary hath directions to
extract from the Records of his office an account of all patents
for land granted since the first seating of the country and to cause
the County Court Clerks search their Records to whom the sd.
lands have been from time to time transferred. Last month
I received my Lord High Treasurer's commands to cause Mr. Byrd
lay before me and the Council for examination, all his father's
accounts as Auditor, from his first entring on that office;
Mr. Byrd hath had notice accordingly, but upon his representation
of the difficulty and trouble he finds in searching for papers of
so long a standing (being now above 16 years since Col. Byrd was
appointed Auditor) and that he could not possibly be ready
to comply with my Lord High Treasurer's directions sooner, he
hath time given him till next Council to prepare those accounts.
The arms and ammunition sent hither by H.M. order, and which
had been directed to be sold at 12½ per cent. advance on the first
cost, going off but very slowly, your Lordships will be pleased
to observe in the Journal, an humble Representation from my self
and the Council, that the abating somewhat of that price will
(we hope) facilitate the sale of the arms, and be of service to
H.M. and this country. And in the same page the Council have
offered several reasons for removing the arms from James City,
as being a place that lyes open on a navigable river without guard
or fortification, where they are exposed to the danger of being
surprized by an enemy; and a repartition of those arms and
stores is made for each County in the Colony whereby it is conceived
they will be much more safe, and of greater service to the country
in case of danger. Having according to H.M. Instructions taken
the advice of the Council in the nomination of fitt officers
throughout this Colony, I have directed new Commissions of the
Peace to every County, and the short time I have yet been here
not affording me a sufficient knowledge of persons, I left the
nomination of the Justices solely to the Council. I have continued
the former Escheators, there being no objection made against
any of them. But when I asked the advice of the Council as to
the continuing the Naval Officers, objections were made against
several of them, viz., against Col. Wilson and Col. Corbin, as
being much concerned in trade, and exacting illegal fees, and
they are ordered to put in their answer at the next meeting of the
Council. The exceptions against Major Allen are his being
appointed at first without advice of the Council, and officiating
by a deputy without any other necessity than the inconveniency
of his own habitation; to this he hath given in his answer which
(tho' there be nothing done on it in Council) I humbly transmit
and shal in his case, as in all other the Naval Officers, wait your
Lordships' directions before I make any alteration, except there
be mismanagement proved against them. I gave your Lordps.
an account in my last how little tobacco was exported hence
in the ships that sailed under convoy of the Kingston, so that
the duty of 2s. per hogshead could not be much encreased by it. |
|
Mr. Byrd hath paid the last half year's sallarys out of that and
the ballance of his father's accompt., and there remains due to
H.M. 1,575l. 3s. 3d., as your Lordsps. will see by the enclosed
copy of his accompt. It hath been examined in Council and the
observations made thereon are of an article on the credit side of
Bills of Exchange sent by Col. Nicholson to Mr. Perry for
46l. 19s. 10d., being part of Mr. Custis's account, it appearing
that these bills were sent to Col. Nicholson as part of Mr. Custis's
last half-year's accompt of the 2s. per hogshead, and that
Col. Nicholson remitted them to Mr. Perry for H.M. use, the
Council thought it reasonable to allow them to be discounted
by Mr. Byrd. The other remark is the paying the full half-year's
sallary to Col. Blakiston as Agent, which the Council think
reasonable to allow him in regard of the more than ordinary
trouble they have lately given him. Your Lordships will find
in this accompt of Mr. Byrd's an article of 27l. 4s. 10d. for arms
sold, and that your Lordships may be informed why the produce
of the arms is charged in the accounts of the 2s. per hogshead,
I beg leave to acquaint your Lordships that when the arms were
sent in hither, there was a considerable charge accrued for cleaning
them etc., for defraying of which it was thought fitt to advance
12½ per cent. on the first cost of all the arms, that should be sold,
but it being necessary that the charge should in the meantime
be paid out of the 2s. per hogshead, the Council inform me that
it was agreed that the first produce of the arms should be applyed
towards the refunding it to that Revenue, and all that should
be sold afterwards charged to the Revenue of Quitt-rents,
according to H.M. royal commands. One Jonathan Yates,
carpenter of the Thomas and John, of London, now in York River,
made complaint to me that Robert Ranson, Captain of that
ship, had in his voyage, on the coast of Guinea, beaten one Arrison,
a seaman, so as he dyed in few days after. I did thereupon with
advice of the Council order the affidavits of all the men in the ship
to be taken, and directed the Attorney General to report his opinion
what was proper to be done in it, and the case appearing difficult,
we had besides Mr. Attorney, the opinion of two other gentlemen
who are barristers at law, but they were all so doubtfull whether
it could regularly be enquired of here, that we did not think
convenient to proceed further in a matter where we were not
certain that we had any jurisdiction, and besides the information
appeared to be malicious, being contradicted by the testimony of
diverse witnesses, especially of the surgeon of the ship, etc. Refers
to enclosure. Capt. Ranson is bound for London with the next
fleet. I have pursuant to H.M. Instructions made enquiry into
the management of the Secretary's Office, and find that the present
Secretary hath taken great pains in regulating the office, and
hath it in much better order than ever it was before. Several old
Records that were almost worne out are newly transcribed, and
both Records and papers put up in convenient boxes, and he is
making some other regulations in it as well for decency as service.
My Lords, the quantity of goods, and especially of cloathing
imported of late, not being sufficient for supplying the country,
many of the inhabitants and more particularly in the Countys
where they plant Aronoco tobacco, have this last year planted
a considerable quantity of cotton, which they have manufactured
with their wooll, for cloathing their families; and others have
sowed flax, and made linnen; and the scarcity of goods rather
increasing this year, I am afraid many more will be reduced to a
necessity of falling on that sort of manufacture to wch. the
extreme low price of their tobacco will very much incline them;
I thought it my duty to informe your Lordships of this, submitting
it to your Lordships' consideration how far it may affect the
Trade of England. I am sorry that I must give your Lordships
the melancholy news of the burning of William and Mary Colledge.
On Oct. 29, between 11 and 12 a clock at night, a fire broke out
there, wch. was got to that height before it was discovered, that
it was impossible to save it, the building, Library and furniture
was in a small time totally consumed. A Committee of the Council
and Burgesses have taken diverse examinations about it, but
nothing can be gathered by what accident it came to be fired.
I cannot tell what course will be taken to retrieve this misfortune;
the Gentlemen who are concerned in the management of the
Colledge have not mett to do anything in it by reason of the
want of a Rector, Col. Nicholson, the present Rector, being out
of the Country, and they not having power to make a new election
till next Lady Day. The ships that are now here will not be
sufficient to export the tobacco that lyes in the country, so that
a great deal must be left if no more ships come in, which will
be a loss, as well to H.M. in her Customs, as to the Planters and
Inhabitants. Signed, Edward Nott. P.S.—H.M.S. Woolwich
and Advice are arrived here with 16 sail of merchant-men under
their convoy for this country and Maryland, the Advice is gone
up the Bay to Maryland, and the Woolwich is at Kiquotan, and
I hear has brought in as prize a French merchant-ship from the
Isle of Cayen, wch. he took to the Eastward of the Western
Islands, but I have neither seen nor heard from the Commodore
anything of this matter, so cannot give your Lordships an accot.
of her cargo or value. Endorsed, Recd. 6th, Read Feb. 26th, 1705/6.
8 pp. Enclosed, |
|
1534. i. Mr. Auditor Byrd's Accompt of the 2s. per hhd.
July 20—Oct. 25, 1705. Due to H.M., 1,575l. 3s. 3d.,
after paying 1,013l. 11s. Od. salaries etc. Signed, W. Byrd.
Endorsed, Recd. Feb. 6, 1705/6. 2 pp. |
|
1534. ii. Col. Allen to Governor Nott. Reply to the Council's
objections to him as Naval Officer. Referred to above.
Signed, Ar. Allen. Endorsed as preceding. 1¼ pp. |
|
1534. iii. Copies of the Depositions of the seamen of the Thomas
and John as to the death of Valentine Arrison. Referred
to above. Some declare that he died of blows
dealt him by Capt. Ranson with fist and cutlass,
the surgeon that he died of fever arising from drinking
too liberally of palm wine, against which he had been
warned by the Captain and himself. Same endorsement.
4½ large pp. [C.O. 5, 1315. Nos. 11, 11.i.–iii.; and
(without enclosures) 5, 1361. pp. 450–463.] |
Dec. 24.
Virginia. |
1535. Governor Nott to [? Mr. Secretary Hedges]. Repeats
part of preceding. The Council and Assembly are very much out
of humour yt. their laws should be sent home without being first
passed here, and therefore I believe make great alterations both
to wt. their Committy did here and to wt. ye Lords of Trade
had amended at home, particularly ye Clergy bill, they have
allmost left them ye same as they ware before the revisall, wch.
truely is very deplorable. I have an Instruction wch. obleges
me to have ye advice of the Council in ye puting in ye Navall
Officers. I acquainted ye Council yt. I was goeing to renew
their Commistions, and desired to know if they had any just
reason to object against any of them. One of ye 6 past over
very easely, wch. is ye Officer of ye Eastern Shore, for indeed
I have been forced to desire him to keep his place till I can try
whether my Lord Treasurer will incress his sallary, for unless
I would doe as Col. Nickcolson did, wch. is to give an order to
him to receive ye 2s. per hhd. before ye hogsheads are taken of
yt. shore, wch. ye Council tell me is contrary to law, it not being
due but upon ye shiping, and without either yt. be don, or ye
sallery increased, ye place is not worth ye haveing, there being
so few ships yt. lode there. And yet it is a place lying so well
for ye smugling trade yt. it requirs he should have at least one
if not two Deputies. There are two others I got them to be
satisfied with, one of them Col. Cary, ye Naval Officer of York
River, is so necessary a man, and has so good a character yt. ware
itt not for a very odd instruction yt. incapacitats a Navall Officer
to be of ye Council, I should think him one of ye fitest men for
itt in ye Colloney. Argues that the restriction making Councillors
incapable of holding places of profit makes good men very
indifferent as to being of the Council. As to ye other 3 Navall
Officers, they have given there objections against them, one of
ye 3, Major Allin, they have nothing to say but wt. I think very
triviall and his answer very full; for ye other two they are to
answer at next convenient Council. In ye meantime I shall
continue them, but not renew their commistions till I hear from
my Lord Treasurer, who if you please to speak to, and if any
of ye officers be put out, I shall be very glad to see ye Gentleman
you spoke to me about come for one of them. Here are several
laws passed yt. I brought over without any material alteration.
Now the Clergy Bill and several others the Assembly have cloged
with amendments. I endeavoured to scare them with telling them
they would gett none of there Laws passed if they would not doe
something for ye Clergy, but it will not doe. I therefore beg your
advice wheither I should send all ye laws whome, or pass those
wch. ye Lords of Trade and ye Assembly agree in etc. Signed,
Edward Nott. Endorsed, R. Feb. 1, 1705. Holograph. 4 pp.
Enclosed, |
|
1535. i. Minutes of Council of Virginia, Oct. 15—Nov. 30,
1705. 29 pp. |
|
1535. ii. Journal of Assembly of Virginia, Oct. 23—Nov. 30,
1705. 68 pp. |
|
1535. iii. Journal of Council in Assembly of Virginia, Oct. 23—Nov. 30, 1705. 23 pp. |
|
1535. iv. Abstract of Journals (Nos. i.–iii.) [C.O. 5, 1340.
Nos. 19, 19.i.–iv.] |
| Dec. 25. |
1536. Petty Expenses of the Board of Trade, Michaelmas—Christmas, 1705, 18l. 10s. 9d. Stationer's Bill, 18l. 16s. Postage,
71l. 1s. 1d. 3½ pp. [C.O. 388, 76. Nos. 1–3.] |
Dec. 27.
H.M.S. Nonsuch, Falmouth. |
1537. Capt. Boys to the Council of Trade and Plantations.
Asks for directions how to forward a box to the Board from
Lord Cornbury. Signed, C. Boys. Endorsed, Recd. Read Jan. 2,
1705/6. 1 p. [C.O. 5, 1049. No. 1; and 5, 1120. p. 382.] |
Dec. 31.
St. James's. |
1538. The Queen to Governor Nott. Warrant for admitting
Col. Smith into the Council of Virginia. Countersigned,
C. Hedges. 1 p. [C.O. 5, 1340. No. 20.] |
Dec. 31.
St. James's. |
1539. Same to same. Warrant to admit John Lewis into
the Council of Virginia upon the first vacancy. Countersigned,
C. Hedges. 1 p. [C.O. 5, 1340. Nos. 21, and (corrected copy)
22.] |
Dec. 31.
St. James's. |
1540. H.M. Warrant to Sir T. Laurence, Bart., to be absent
from Maryland, he putting in a Deputy. Countersigned, C.
Hedges. Endorsed, Recd. Read Jan. 14, 1705/6. 1⅓ pp.
[C.O. 5, 716. No. 4; and 5, 726. pp. 362, 363.] |
| [Dec.] |
1541. Inhabitants of Ferriland and places adjacent in
Newfoundland to the Queen. Represent their present danger.
For the French with the barbarous Indian natives of Canada
doe very often in a barbarous and inhumane manner overrunne
our parts. They are not under any manner of discipline of warr,
having neither Commissions nor orders soe to doe, but connived
at by the French Governor, that whatever outrages those people
doe commit may not be imputed to any of the said Governor's
infringing the common Law of Armes, for those parties of men
have used several barbarities, as taking of the hairy scalpe from
a man's head whilst living, torturing another by putting his feet
in a strong fire untill they were burnt to a coale up to the ancle,
tortured others by putting burning matches betwene their fingers
untill the flesh was burned home to the bone, and burne, ravage,
destroy and plunder all wherever they came. And on Nov. 5th
last seven of them came by night and surprised and plundered
Renuse, but did not then burn or use their common violence,
as not being strong enough in number, for they came then as
'tis generally believed as spyes, but we as soone as could get
together pursued them with 17 men, being encouraged thereunto and laid [led] by William Roberts, fell on them and at a
place called Glam Cove killed one and took three of them prisoners,
the rest escaped into the thicketts, and we recovered their booty.
Pray that these prisoners may be prosecuted. And since that
Nature has formed the harbour of Ferriland that it may easily be
made strong, and that it is a fit place for the defence of the South
Fishery, we humbly beseech your Majesty that you will order
a small fortress of about 10 guns and 40 men, which will be defence
for the said harbour and a refuge for the adjacent places, etc.
Signed, William Robarts, Thom. Dible, John Robbins, Samuell
Gabrath(?), Archd. Cumming, John Tuke, Richard Power, John
Hodge, John Hill, Will. Shoart, James Benger, John Jenkins.
1 p. No date. [C.O. 194, 22. No. 56.] |
