|
| June 11. |
977. Mr. Graves to the Council of Trade and Plantations.
When it was asked Capt. Holding [=Holden, May 21] to what
end hee solicited to bee Governor of the Bahama Islands, hee
declared severall times that hee would not soe much as attempt
the resettling of Providence or fortifie it till [sic] the warn
continewed, neither would he propose to the People that were
scattered amoungst the Islands to returne to Providence till
Pece, and what hee proposed by obtaining a Commission to bee
Governr. at this time was onely to enable him the better to
proceed to ffish for wrecks, whale-fishing, and what else was
granted him by patten from the Proprietor formerly; hee further
said that his Patent for wrecks etc. was of little vallew without
a Commission for the Goverment, etc. Signed, Jon. Graves.
Endorsed, Recd. Read Jan. 12, 1707. Addressed. Holograph.
1 p. [C.O. 5, 1264. No. 5; and 5, 1292. p. 4.] |
| June 11. |
978. Papers produced in his defence by Edward Jones,
at the hearing of the complaints against him, June 11, 1707.
Duplicates of documents calendared 1700ff. (Cf. B. of T. Journal,
June 11.) 36 pp., including list. [C.O. 37, 8. Nos. 12–37.] |
June 12.
Whitehall. |
979. Council of Trade and Plantations to Governor Hunter.
Refer to clause in their letter of March 26, relating to grants of
land in Virginia. Finding that the granting of lands on the
South side of Blackwater Swamp and on Pamunkey Neck
is a matter fit to be laid before H.M. for her Royal determination,
which we shal do at the first opportunity, in the meantime we
think fit to advise you that no lands be granted or patents signed
for the same till H.M. further pleasure be known. And we desire
as soon conveniently you can after your arrival that you send
us a perfect list of the Patents already signed, and of those
ready for signing, for the said lands; with the numbers of acres
contained in each grant, as also a copy of the form of the said
grants, together with an exact survey of the number of acres
and a plot of all the lands on the South side of Blackwater Swamp
and on Pamunkey Neck. [C.O. 5, 1362. pp. 233, 234.] |
| [June 12.] |
980. Sir E. Northey to the Council of Trade and Plantations.
Duplicate of Report on Act of New York, March 14, 1705/6.
Signed, Edwd. Northey. Endorsed, Recd. Read June 12, 1707.
1¼ pp. [C.O. 5, 1049. No. 33a.; and 5, 1121. pp. 47, 48.] |
June 13.
Whitehall. |
981. Council of Trade and Plantations to the Earl of
Sunderland. Enclose following to be laid before H.M. |
|
981. i. Council of Trade and Plantations to the Queen.
Representation upon petition of John Sandford and
John Dorn (March 27) q.v. Quote arguments of Counsel
thereupon. Set out, B. of T. Journal, May 29, 1707, q.v.
Upon the whole, we humbly represent, as to the
empannelling of the Jurys, that the return of the Jurors
having been regularly made to the Clerk of ye Crown,
he and not the Cheif Judge ought to have produced
the pannel to the Court; but objections having been
made by the petitioners, and the question put, whether
the Court approved of the said Jurors or no, and it
being carryed in the affirmative, the appointment of
the said Juries was the Act of the Court. As to the
imprisoning the petitioners, though that proceeding
seems to be violent and hasty, particularly as to Dorne,
yet in regard it might be necessary for quieting the
great tumults and disorder they and others had raised
in the Court, and considering that the majority of the
Court advised or were consenting thereunto, and the
petitioners bayled the next day, as has been alledged
to us, and not contradicted by the other side, it does
not appear to us that the Cheif Judge has done anything to incur your Majesty's displeasure. [C.O. 29, 11.
pp. 47–62.] |
| June 13. |
982. Mr. Graves to the Council of Trade and Plantations.
Capt. Holding (=Holden) desingns to goe to Bermuda in a small
sloop called the Hopwell next month, etc. Signed, Jon. Graves.
Endorsed, Recd. Read June 13, 1707. 1 p. [C.O. 5, 1264. No. 6.] |
| June 13. |
983. Capt. Rich. Jennings to the Council of Trade and
Plantations. Describes the state of the Bahama Islands and
proposes the resettlement of them. See B. of T. Journal, June 13.
Endorsed, Recd. 13th, Read June 15th, 1707. 1½ pp. [C.O. 5,
1264. No. 7.] |
| [June 13.] |
984. Capt. Richard Jennings to H.R.H. the Lord High
Admiral. Proposals for securing the Trade in the Spanish West
Indies, capturing the Spanish Plate Fleet, and putting down
the privateers at Martinique, "by which the French would be
forced to run home with empty bellys." Describes the movements
of the Spanish galleons from port to port and home from the
Havana. "Had Admiral Benboe but have lived, he knowing
all those ports, I don't doubt but by this time he would have
made the French in those parts very miserable, for he was both
an Admirall and a very good pilott, that noe man could tell him
anything of the West Indies better than he knew himself," etc.
Endorsed, Recd. Read June 13, 1707. 7¾ pp. [C.O. 323, 6.
No. 36.] |
| [June 13.] |
985. Same to Same. Similar proposals. Understanding
that Capt. Wager is going to the West Indies with a squadron
of H.M. ships, proposes to quit the merchants service and go on
board Capt. Wager. Same endorsement. 2½ pp. [C.O. 323, 6.
No. 37.] |
June 13.
Whitehall. |
986. Council of Trade and Plantations to the Earl of
Sunderland. Refer to letter of May 7, and enclose Capt. Gardner's
letter of June 10 to be laid before H.M. [C.O. 138, 12. pp. 107,
108.] |
June 13.
Whitehall. |
987. W. Popple, jr., to Mr. Attorney General. Encloses
Acts of New York and papers relating to Messrs Bavard and
Hutchins. The Council of Trade and Plantations desire your
opinion whether the recognizances entered into by them do fully
answer the intent of H.M. Order. [C.O. 5, 1121. pp. 48, 49.] |
June 14.
Windsor. |
988. H.M. Warrants appointing James Milleken, Lawrence
Brodbelt and Thomas Belman to the Council of Nevis. [C.O.
5, 210. p. 36.] |
June 16.
Spithead. |
989. Governor Hunter to Mr. Popple. Acknowledges
Instructions relating to grants of land [June 12]. If there be
anything in it that may clash with those of the President and
Council, I beg their Lorps. to transmitt H.M. pleasure, etc.
Signed, Ro. Hunter. Endorsed, Recd. Read June 17, 1707. 1 p.
[C.O. 5, 1315. No. 60; and 5, 1362. p. 234.] |
| June 16. |
990. Mr. Linton to the Council of Trade and Plantations.
Encloses correspondence from abroad, showing how the American
Plantations are like to suffer by the vast increase of tobacco
made and consumed in Europe. To find out proper expedients
in favour of the Revenue, our merchants, the planters, and for
imploying our poor, may be worthy of your Lordships' peculiar
care, for by Jan. next 3 intire cropps of tobacco will be ready
to be shipt from those Plantations. Signed, John Linton.
Endorsed, Recd. Read June 17, 1707. ¾ p. Enclosed, |
|
990. i.–vii. Correspondence referred to in preceding. 14 pp.
See July 1. [C.O. 5, 1315. Nos. 61, 61.i.–vii.; and
(without enclosures) 5, 1362. pp. 234, 235.] |
June 16.
Whitehall. |
991. Council of Trade and Plantations to the Earl of
Sunderland. Refer to former proceedings relating to Mr. Jones.
On the hearing of the parties, Counsell for petitioners insist to
be heard to the former complaints against him, as being referred
to us (April 4, 1706, etc.). We desire your Lordship to receive
H.M. pleasure whether we shall hear the complaints of his
misbehaviour before the time he was restored to his offices by
H.M. Order in Council, April 20, 1704, or onely report upon what
has been already heard relating to his behaviour since. [C.O.
38, 6. pp. 280–282.] |
| June 17. |
992. Virginia and Maryland Merchants to the Council of
Trade and Plantations. Refer to Memorials of Col. Quary etc.,
1705, upon the tobacco trade. Since which we have for above
13 months past very often attended H.M. Principal Secretaries
of State on a report made by this Honourable Board, but cou'd
neither obtain a sight thereof, or procure it to be laid before H.M.
in Council, it being, as we suppose, impeded by the Contractors
with the Czar, under pretence they had tobacco remaining in
Russia, which being all long since sold, we hoped that obstacle
to the trade was fully removed. These, with many other
interruptions, occasion tobacco of foreign growth to be preferr'd,
to the great prejudice of H.M. Revenues, the Plantations, and
the manufactories of this Kingdom Pray that above Memorials
may again be taken into consideration, and the Reports thereon
be without loss of time effectually forwarded to H.M. in Council,
least a further delay should cause a total disuse of our Plantation
tobacco in Muscovy, Sweden. Denmark, France and Spain.
Signed, Micajah Perry, and 17 others. Endorsed, Recd. Read
June 17, 1707. 1 large p. [C.O. 5, 1315. No. 62; and 5, 1362.
pp. 235, 236.] |
June 17.
Whitehall. |
993. Council of Trade and Plantations to Mr. Secretary
Harley. Enclose following to be laid before H.M. |
|
993. i. Council of Trade and Plantations to the Queen. We
have no objection to Robert Holden as Governor of
the Bahamas [May 21], under the Proprietors, he giving
security in 2,000l. for observing the Acts of Parliament
relating to trade and the Instructions touching the
same that shall be given him by your Majesty. But
in regard the said Islands (lying in the Gulph of Florida
and in the way of all ships from the Havana and Bay
of Mexico) are of very great consequence not only to
the trade of this Kingdom, but for annoying the enemy
in time of war; we think it our duty on this occasion
humbly to represent to your Majesty that we find the
Fort upon the Island of Providence (which was the
only place of strength there) is now altogether defenceless,
that no supply of arms, ammunition or other stores
of war, hath been sent thither for several years before
the war, or any now intended to be sent by the Lords
Proprietors, or directions given for drawing the scattered
Inhabitants together, insomuch that the security of
those Islands hath been and still seems to be wholly
neglected by the said Lords Proprietors, and exposed
to the continual insults of the enemy, as hath already
twice happened during the present war. Wherefore
for the prevention of the like for the future, and for
the necessary security of a settlement so highly beneficial
to the trade of this Kingdom: We are humbly of opinion
that the immediate Government of those Islands shou'd
be resumed into the Crown in such manner as your
Majesty's latter Attorney and Solicitor General have
advised (1706), or by such other method as your Majesty
shall judge most proper; and in the meantime since
the present defenceless state of those Islands hath been
through the default and neglect of the Proprietors,
We humbly offer that, to prevent their falling into the
hands of the Enemy, and for the better administration
of the Civil and Military Government there, in time
of war, your Majesty will be pleased to make choice of
and send over with your Royal Commission, a Governor
well experienced in military affairs and fitly quallified
for such an employment, as was done in some other
Propriety or Charter Governments, during the late
war [Maryland, Pennsylvania], and that such Governour
be directed and impowered, with the assistance of the
said Lords Proprietors and of the Inhabitants, to repair
the works of the said Fort; and by a suitable provision
of warlike stores to be sent from hence be enabled to
put the said Islands into a good state of defence against
the enemy, for the protection and good government
of your Majesty's subjects now remaining, or that shall
be settled there, it being reasonable to believe that under
such an administration some merchants may be
encouraged to settle a Factory there, to carry on the
Spanish trade, and there being a very commodious
harbour for distressed ships that come through the
Gulf of Florida, or are beaten off the northern coast
of America, that settlement may be much improved
to the benefit of the trade of this Kingdom. And in
case your Majesty shall find that the said Lords
Proprietors shall refuse or neglect to comply with what
your Majesty shall think fit to require of them for the
security of the said Islands, before such Governor,
so to be appointed, do go from hence, then we do
humbly offer that your Majesty will be pleased to make
such necessary provissions as aforesaid. [C.O. 5, 1292.
pp. 6–9.] |
| [June 18.] |
994. Mr. Crabb to the Council of Trade and Plantations.
Quotes rumours from Antigua as to French fleet expected to
arrive at Martinique and to attack that Island, points out the
prejudice arising to trade in those parts, and proposes an expedition
against Martinique. (See B. of T. Journal, June 18 ff.) Endorsed,
Recd. Read June 18, 1707. 1 large p. [C.O. 152, 7. No. 11.] |
June 19.
Whitehall. |
995. W. Popple, jr., to Sir H. Ashhurst. Sends attested
copies of proceedings against Vetch etc. [C.O. 5, 912. p. 375.] |
| [June 19.] |
996. Mr. Solicitor General to the Council of Trade and
Plantations. Reports upon 5 Acts of Bermuda, 1698. The
Act for restraining and punishing privateers and pirates as penn'd
seems liable to several objections. By the first enacting Clause,
'tis made felony without benefitt of clergy, for any person who
then did or within four years then past had, or at any tyme
afterwards should inhabit or belong to this Island, to serve
in America in a hostile manner, under any forreigne Prince,
State or Potentate, against any other forreigne Prince, etc.
in amity with the King of England, without licence from the
Governour. There is a proviso that this Clause should not extend
to any person then in service to any forreign State or Potentate,
who should quitt such service by Aug. 4 then following. As
this part of the law is framed, persons not guilty of any crime
whatsoever may be liable to suffer death. They may enter
into the service of any fforreigne Prince, etc., who are not in
hostility with any of the allies of England, and if afterwards
war should break forth between such fforreigne Prince, etc.,
into whose service they entred without being guilty of any crime,
with any other forreigne Prince, etc. in alliance with England,
tho they are forced to continue in the service, and should quitt
the same so soon as they have any opportunity so to do and
returne home and submitt themselves to the Governour, yet are
they guilty of ffelony, without benefitt of clergy, for such their
involuntary continueing in the service, after the hostility begun.
By the next Clause in the Act, all treasons, felonies, piracies,
robberies, murthers or conspiracies committed, or to be
committed, upon the sea, or in any haven, creek or bay, where
the Admirall hath any jurisdiction, may be inquired, tried and
judged within the Island, as if such offence had been committed
within the Island, and for that purpose a Special Commission
is to issue, and such proceedings thereupon to be had, as by
the Statute for pirates 28 H. VIII is appointed. By this part
of the Act, there is as large a jurisdiction given to try all High
Treasons, piracies, murthers and other offences committed upon
the high sea, as is given by the said Statute of H. VIII to
Commissioners to be appointed under the Great Seal of England
for trying any of the said offences in England. The said offences
by vertue of this Act to be tried by Special Commission within
the Island are not confined to offences committed with any
particular limmitts, but in what part of the world soever, upon
the sea where the Admirall hath jurisdiction, any treason,
piracie, felony, robery, murther or conspiracy shall be committed
or supposed to be commited, any person may be taken and carried
prisoner to the Bermuda Islands, and there tried and executed
for the same. By another Clause in the Act every person who
shall knowingly entertaine, harbour, conceal, trade or hold
correspondence with any person deem'd to be a pirate or other
offender within the construction of this Act, and not endeavour
to apprehend such offender, shall be prosecuted as an accessory
and suffer the like paines and penalties. A person may knowingly trade with a man that is a pirate or other offender within
the Act, not knowing him to be a pirate or such offender. This
Clause, as penn'd, may subject very innocent persons to be
prosecuted for their lives, for tradeing or corresponding with
persons they neither know nor suspect to be pirates or offenders.
For these reasons (however necessary some law of this kind
may be in these Islands) I humbly conceive this Law not fitt
to be approved. As to the other four Acts, I have no objection
to either of them in point of Law. Signed, Sim. Harcourt.
July 28, 1704. Endorsed, Recd. Aug. 9, 1704. Read June 19,
1707. 2 pp. [C.O. 37, 8. No. 38; and 38, 6. pp. 283–287.] |
| [June 19.] |
997. Mr. Solicitor General to the Council of Trade and
Plantations. Report upon 6 Acts of Bermuda, 1701. The
Act for imposition on liquors etc. expired on July 3, 1703, notwithstanding which the fact recited in the preamble may deserve
your Lorpps.' consideration. 'Tis recited that an imposition
had been laid on liquors, to continue for two years only, at a
former Sessions of Assembly held under the Government of
Samuel Day, Esq., but that by the Clerk's neglect a whole paragraph
in that Act was omitted, whereby that Act which is recited to
be temporary was entred on record as a perpetuall Law, and
that Mr. Day had extorted severall summes of money after the
determination of that Act, as if the Act had had continuance,
and had transmitted it to his late Majestie as a perpetuall Law
to be confirm'd. It is further recited that Mr. Bennett, the
present Governour, upon a representation thereof by the Assembly,
had assured them to represent the same to his late Majestie,
and that the collection of the rates imposed by that Act should
cease till H.M. pleasure was knowne. Whether that Act entred
upon record, amongst the Acts of the Assembly, as a perpetuall
Law, and transmitted as such by the former Governor to be
confirmed, be yet confirm'd or not, does not appear to me. But
it appears from this recitall, that the present Governour by his
owne authority, at the request of the Assembly, has stopped
the further collection of the rates imposed by the Act pass'd
under the Government of Mr. Day upon the allegations recited
in this Act. The Act to prevent the oppression and extortion
of officers, passed July 6, 1701, appears to be repealed Nov. 14,
1702, otherwise the said Act is liable to objections. As to the
four other Acts, I have no objection to either of them in point
of Law. Signed and endorsed as preceding. 1¼ pp. [C.O. 37, 8.
No. 39; and 38, 6. pp. 288–291.] |
June 19.
Jamaica. |
998. Governor Handasyd to the Council of Trade and
Plantations. H.M.S. Sheerness arriving here as convoy to 8
merchant ships about 20 days ago, and being ordered away for
England and to take such merchant ships under her protection
as are ready to sail with her, I make use of the opportunity to
enclose a duplicate of my last, we having had no packett-boat
since April 23. We have very little news here; I cannot hear
any certainty of a French Fleet's being in these parts, as was
some time ago beleived, but by what I understand the galleons
will be ready to sail in 6 weeks or 2 months. Our trade with
the Spaniards seems at present to be glutted by reason of a great
quantyty of goods brought by the Dutch and French. The
squadron under Commadore Kerr is very healthy and so is the
Island in generall. I must still continue my request to your
Lops. for your assistance towards the getting me a draught of
300 recruits etc. Signed, Tho. Handasyd. Endorsed, Recd.
19th Sept., Read 28th Oct., 1707. 1½ pp. [C.O. 137, 7. No. 61;
and 138, 12. pp. 156, 157.] |
