|
July 1.
Whitehall. |
1021. W. Popple, jr., to Governor Hunter. Col. Blakeston
having omitted whilst he was in town to take out H.M. Order
repealing an Act of Virginia concerning granting lands, etc
[April 17], the same has lain in the Council Office ever since
and being but this day laid before their Lordps., they send you
the same, and desire that you will upon your arrival in Virginia
forthwith cause the said Order to be published and entred in
the Council Books as usual. [C.O. 5, 1362. pp. 238, 239.] |
| July 1. |
1022. Mr. Brodrick to [? Mr. Linton]. Reply to queries
as to what restraints are in force to prevent English traders
setting up tobacco manufactories in foreign parts. Signed,
St. John Brodrick. Endorsed, Recd. from Mr. Linton, Read
July 1, 1707. 6¼ pp. [C.O. 5, 1315. No. 65.] |
| July 1. |
1023. Mr. Linton to the Council of Trade and Plantations.
Memorial upon the tobacco trade. Cf. B. of T. Journal, July 1,
and following Representation. Signed, John Linton. Endorsed,
Recd. Read July 1, 1707. 2¼ pp. [C.O. 5, 1315. No. 66; and
5, 1362. pp. 247–251.] |
July 1.
Whitehall. |
1024. Council of Trade and Plantations to the Earl of
Sunderland. Enclose following, which being of great importance
to this Kingdom, we desire you will be pleased to lay the same
before H.M. at the first convenient opportunity. |
|
1024. i. Council of Trade and Plantations to the Queen. The
Virginia and Maryland merchants have presented a
Memorial to us, setting forth that the tobacco trade
of this Kingdom, has been for some years past, and
still is, under great discouragements and interruptions
in regard to foreign export to Muscovy, Sweden, Denmark,
France and Spain, those countries being now chiefly
supplied with tobacco of foreign growth, whereby
they apprehend a total disuse of our Plantation tobacco
in these parts, etc. as June 17. Whereupon, having
fully discoursed the said merchants and carefully
examin'd such accounts, relating to that trade, as were
produced to us from Holland and other foreign parts
for our fuller information, we humbly represent, that
we find in Utrecht, Gelderland, Overyssel, and in
the Dutchy of Cleves (where the tobacco plantations do
chiefly lye), the growth of tobacco is of late very much
increased; for whereas about seven years ago those
Provinces did not produce yearly above 10,000,000lb.
weight of tobacco, they have since from year to year
so extended their plantations, that the produce for
1706, was computed to be above 27,000,000lb. And it
appears that in Amsterdam there are from 30 to 40 large
spinning houses for making up tobacco into roll, wherein
are employed above 4,000 men, besides great numbers
of women, boys and girls, particularly that in one
house there is made up into roll for the tobacco farmers
in France above 10,000,000lbs. weight mixt, half Dutch,
half Virginia; whereas formerly France was supplyed
with leaf tobacco from this Kingdom, which they made
up into roll at home. That there are in the said city
about ten large cutting houses of tobacco for exportation, besides great numbers for inland consumption,
and consumed on board the many ships belonging to
the seven Provinces, which must be very great; and
we are credibly informed that in the Province of Utrecht
(during the time of sowing and getting in the tobacco)
one man do's employ 1,000 persons, and constantly
300 in manufacturing the same, all which he sends to
Muscovy without any mixture of our tobacco. That
there are 40 large mills continually employed in flatting
Virginia and inland stalks, like leafs, fit for cutting;
the charge of flatting and cutting being about one
stiver pound weight. This use of stalks is looked upon
as the chief reason why Virginia tobacco is at so low
a price in Holland, for they find the hott and dry tast
of tobacco so mixed is more agreable to the Northern
Palate, which together with it's cheapness, recommends
it to those markets. We do further find that the quantity
of tobacco made up in roll and exported from those
Provinces every year (of which a certain account may
be made) is above 12,000,000 of pound weight viz.
Millions of pounds weight;— |
|
To Norway |
2½ |
|
" Jutland and Denmark |
1½ |
|
" Sweden |
4 |
|
To Lyfland |
2¾ |
|
" Dantzick and Coningburgh |
2 |
|
Besides many small parcels, of which there can be no
exact account, so that near one half of the Dutch produce
is exported in roll. That great parcels of their leaf
tobacco are carried to several Ports of the Baltick,
and there used for wrappers to the Pomeranian and
Brandenbourg tobacco, the produce of those Plantations
being increased to near 20,000,000 of pounds weight,
besides which a very considerable quantity grows at
Strasbourg, Franckfort, and in Hungary, not less than
20,000,000 of pound weight, not to mention what grows
at Circasia and other parts in the Czar's territories.
The cutt tobacco carryed to the Baltick, Flanders,
Frizeland, Munster and Westphalia (amounting to
about 3,000,000 of pound weight) is a mixture of Dutch
Inland with our Virginia, one half thereof Virginia
stalks, and for the most part 'tis of 2/3 stalks flatted and
cutt with ⅓ Inland. We have seen some letters from
merchants at Riga and Revell to their correspondents
here [June 16] which say that about 13 years ago the
consumption of the Plantation tobacco of this Kingdom
was very great in those parts, amounting yearly to about
800 or 1,000 hogsheads as well in roll as cutt, which
was sold at very high prices, but that now we are almost
beat out of those markets by the cheapness of Dutch
tobacco imported there to double the quantity of what
used formerly to be sent from hence. And they say
the Dutch have so far ingross'd the tobacco trade in
the North, that several parcels of our Plantation tobacco
have lain in the merchants' warehouses at Riga and
Revell 5, 6 or 10 years. Lastly, the merchants complain
that, to the great discouragement of their trade, when
any of your Majesty's ships of war go to Holland, or
any other parts beyond the seas, the Pursers generally
furnish themselves, for the seamen, with tobacco of
foreign growth (which in goodness falls far short of our
Plantation tobacco) or with our own tobacco on which
a drawback has been allowed; wherein the Pursers
find very great profit, such tobacco being purchase
by them at 5d. per pound weight or under, and they
sell it to our seamen at 19d. per pound weight, the
established rate of the Navy. Whereas our tobacco
having paid a duty to your Majesty of 6⅓d. per pound
weight, cannot be sold under 10d.; by reason whereof
the consumption of our Plantation tobacco on board
your Majesty's Royal Navy is very much lessned
Merchants' proposals stated and considered:—There being
at present no commerce with France by British shipping
'tis proposed that during the present war, neutral ships
be permitted to load tobacco in this Kingdom, on the
account of foreign merchants in amity with your
Majesty, and to carry the same directly to France
If this be approved, it will be necessary that the present
Instructions to the Commanders of your Majesty'
ships of war and privateers, as to that point, be altered;
that suitable directions be given therein to the
States General, to the end they may give the like
Instructions to their ships of war and privateers. 'Tis
likewise proposed that your Majesty's Ministers at the
Courts of Spain and Portugal, be directed to endeavour
the obtaining a liberty for your Majesty's subject
to import tobacco into the Dominions of those Prince
for the use of your Majesty's forces there, as also a fre
importation of tobacco into such parts of Spain as are in
alliance with your Majesty. And that the like Instruction
be given to your Majesty's respective envoys at the
Courts of Sweden and Muscow for a free and equal
importation of tobacco into those parts, upon such
terms as shal be thought reasonable. As to what
relates to the import of tobacco into the Czar's
dominions, we observe it is one of the proposition
contained in our Representation of April 26, 1706
upon which the then Commission for Trade were of
opinion that your Majesty's orders to be given therein
might be respited for some short time in consideration
that a great quantity of tobacco imported into Russia
by several of your Majesty's subjects (then under a
particular contract with the Czar) lay unsold at Muscow.
But the same having been since sold and delivered
to his Czarish Majesty, we see no reason why your
Majesty may not gratify the merchants in such manner
as is therein desired. And we humbly offer that such
a free importation may be further negotiated with
the Minister of that Prince now residing at your Majesty's
Court, by such methods as shal be judged most proper.
This and the other foregoing propositions (to which
we have nothing to object) may, we hope, in some
measure ease the tobacco trade; otherwise 'tis to be
feared that those Northern countries (formerly supplied
by your Majesty's subjects with great quantities of
tobacco) may in time be wholly furnished from another
market: and experience has shewn that when the current
of trade is once turned out of its channel, 'tis with great
difficulty, if at all, brought back again. It has further
been proposed that all tobacco used on board your
Majesty's Royal Navy may be ship'd off from this
Kingdom; that it be such tobacco as hath paid the
full duty, and for that purpose that all Pursers in your
Majesty's service be effectually restrained from furnishing the seamen with tobacco of foreign growth. As
to this proposition, we observe that all Plantation
tobacco imported into this Kingdom pays a duty to
your Majesty of 6⅓d. per lb; that of late years the
drawback has been denyed for tobacco exported in
ships of war for the use of the seamen, by reason whereof
the cheapness of foreign tobacco (which is bought at
5d. per lb. weight or under) has occasion'd a very great
consumption of such foreign tobacco on board the
Royal Navy, whereby 'tis plain your Majesty's revenue
is lessned 5¾d. for every lb. weight of foreign tobacco
so consumed, which for 390,000lb. weight of tobacco
(as may be computed to be consumed yearly aboard
the Navy at the rate of 1lb. weight per man a month,
and supposing one half of what is consumed to be of
foreign growth) do's lessen your Majesty's revenue
4,671l. 17s. 6d. yearly; such a restriction, as to foreign
tobacco, will 'tis true lessen the present unreasonable
gain of the Purser about one half, etc., which being in
our opinion a sufficient profit to the Purser, without any
hardship upon the seaman, and at the same time tending
to the increase of that branch of your Majesty's revenue
and of the tobacco trade, we see no reason why your
Majesty may not gratify the merchants herein. Lastly
'tis proposed that a drawback be allowed on exportation
of tobacco stalks manufactured in this Kingdom, which
(when flatted and mixed with other tobacco) may be
sold by our merchants at Riga, Revell, and other
Northern markets as cheap as what is there sold by
the Dutch. The great objection to this proposition
is that the drawback upon stalks manufactured is of
greater value than the commodity whereby the exporte
will make to himself a considerable profit out of the
public, tho the commodity so exported should be thrown
overboard the minute the ship is out at sea, a practise
that has been complained of in the case of another
duty. But if, on the other hand, the home consumption
of leaf tobacco will be greater, and thereby you
Majesty's revenue increase in proportion to the drawback
paid upon such exportation (as has been suggested
then we conceive that objection is answer'd. Whether
such an allowance of the drawback may by law be
made, or how far it may effect your Majesty's Customs
we shal not take upon us to determine, and do therefore
only beg leave to offer our humble opinion that if a
drawback may conveniently be allowed upon exportal
tion of tobacco stalcks manufactured and mixed, it
will (for the reason mentioned in the proposition) be
the most effectual method for restoring the tobacco
trade. [C.O. 5, 1362. pp. 239–247.] |
| July 2. |
1025. Capt. Ekines to the Council of Trade and Plantations
Proposal to command a 4th rate man of war against the privateers
of Martinico. See B. of T. Journal, July 3. Signed, Tho. Ekines
Endorsed, Recd. Read July 3, 1707. 1½ pp. [C.O. 152, 7
No. 13.] |
| July 2. |
1026. William Penn to Wm. Popple. Pray let the Lords
forgive me that I say I am not a little surprized that the Lords
put me upon answering quærys that have been so fully answer'd
so long agoe, at least those that are proper to the surrender. As
for the 1st, 2nd and 3rd quæry, I gave in an estimate above four
years ago with as exact an account of what I sold as I could
do here; but I cannot comprehend how my gains by the land
comes before that Board. They may be sure I never received
¼ of my charges, nor dos this relate to the Governmt., the sole
thing in Treaty; and which was all the Crown gave me for making
a Colony to it, having bought the land of the natives at dear rates
The 4th quæry is answer'd very particularly in the Report made
by the Board to the Lord High Treasurer, to which I refer. To
the 5th and 6th quæry, I cannot be exact as to the charge, but
it's what the Assembly of 1706 took care to supply for 3 years
I ask 20,000l., of which 5,000l. to be paid there, and 15,000l. here
which I propose to be paid 8 in money, and 7 in English copper
with a patent for the coynage of it into small money, as pence
half-pence and farthings for the Colonys in those parts, which
they stand in need of. To the last Quærie, the Charters lye in
yt. Office, which the Lords may peruse; but they were long
considered by that Board, before their Report was made, and
I am extreamly concerned yt. after almost 6 years attendance
and the necessary great expense thereof, with a family in town
that what has been done should be to be done over again, like
a man that, being ready to enter his port, is blown back again
to that he left: But I must submit, and therefore have sent
this letter to thee, to be communicated to them with all respects.
This had come sooner, but for being out of town and extraordinary
business. I am Thy Assured Frd., Willm. Penn. Endorsed,
Recd. Read July 2, 1707. 1½ pp. [C.O. 5, 1264. No. 9; and
5, 1292. pp. 10–12.] |
July 3.
Whitehall. |
1027. Wm. Popple, jr., to Wm. Lowndes. Moves for a
report from the Commissioners of Customs upon the Acts relating
to Ports in Virginia and Maryland. [C.O. 5, 1362. p. 252.] |
July 3.
Whitehall. |
1028. Mr. Graves to the Council of Trade and Plantations.
Esq. Archdale, one of the Proprietors of Carolina, has related
a very slender carrector of Capt. Holden to an acquaintance
of mine, etc. Signed, Jon. Graves. Endorsed, Recd. Read
July 3, 1707. Addressed. ¾ p. [C.O. 5, 1264. No. 10.] |
| July 3. |
1029. W. Popple, jr., to Mr. Attorney General. Encloses
former reports upon Acts of Maryland etc. (See B. of T. Journal,
July 3.) [C.O. 5, 726. p. 454.] |
July 5.
Windsor Castle. |
1030. (1) H.M. Commission to Walter Hamilton to be Lt. Gov.
of Nevis. He is to observe the orders of Governor Parke during
his residence upon his Government. Countersigned, Sunderland. |
|
(2) H.M. Commission to Michael Lambert to be Lt. Gov. of
St. Christophers. The above clause is omitted. 1 p. [C.O.
184, 1. No. 25; and 5, 210. pp. 37–39; and 153, 10. pp. 40,
41, 45, 46; and 152, 7. Nos. 18, 19.] |
July 7.
Whitehall. |
1031. Council of Trade and Plantations to the Earl of
Sunderland. Enclose following to be laid before H.M. |
|
1031. i. Council of Trade and Plantations to the Queen. Refer
to interviews with Capt. Richd. Jennings, Lawrence Crabb,
and with Stephen Duport (B. of T. Journal, June 18—July 3), "who has a considerable estate in St. Christophers
and who before the persecution in France had commanded
several of the French King's ships, and is very knowing
in those seas. They offer that the Leeward Islands,
which are cheifly subsisted by provision ships from
the Continent of America, are in a starving condition,
owing to French privateers. The provisions, so taken
by the French, serve not only to victual the French
King's ships, but also to subsist the inhabitants of
Martinico and Guardaloupe, without which it would
be very difficult for them to maintain their settlements
(see B. of T. Journal). And that this account is true,
we are induced to beleive from papers lying in our
Office. (Quoted. See C.S.P., 1703.) Since when the
number of privateers has increased. In order to protect
the said Islands, to destroy the French privateers,
and distress Martinico and Guardaloup, they propose
that four ships of war, good and nimble saylors, viz.
two 4th rate and two 5th well man'd be sent to the
Leeward Islands; that they be joyned there by two
Bermuda-built sloops, to be fitted out from Barbados,
and one or two the like sloops from the Leeward Islands;
that the Commander in Chief of those ships have orders
at large to cruize where he shall think fit, without being
tied up to particular stations; by which means they
may pursue the privateers where and when they think
fit; that the foresaid sloops will be of particular use
in getting intelligence and pursuing the privateers in
shallow waters where the ships of war cannot go; that
by this means the trade to the Islands would not only
be secured, but in less than two years the privateering
trade would be so interrupted that there would not be
one privateer left in Martinico and Guardaloup; and
that those Islands must in consequence be reduced to
the greatest extremities, having little or no provision
but what they take in our ships coming from the
Continent of America. We, upon due consideration
thereof, being sensible that it is absolutely necessary
effectual care should be taken for the suppressing of
those privateers, to secure our trade in those parts,
do humbly represent that if your Majesty's other
important affairs will admit of such a number of ships
to be sent according to this proposal, we have reason
to believe that the same will fully answer those ends.
We further humbly offer that, in case your Majesty
shall think fit, that such a number of ships be sent upon
this service, that then your Majesty's Governors of
Barbados and the Leeward Islands have timely notice
thereof that such a number of sloops as is proposed
may be set out by the said Islands, so as to be ready
to attend your Majesty's ships upon their arrival there.
[C.O. 153, 10. pp. 28–33.] |
July 8.
Whitehall. |
1032. The Earl of Sunderland to the Council of Trade and
Plantations. Refers to letter of March 29. Encloses following,
for your proposal for the obviating of this difficulty. Signed,
Sunderland. Endorsed, Recd. Read July 8, 1707. 1 p.
Enclosed, |
|
1032. i. Mr. Attorney General to the Earl of Sunderland. I
have acquainted Mr. Jory with what I humbly inform'd
your Lordship, that I thought it necessary there should
be two Commissions, one to be executed in Nevis, the
other in St. Christophers for expedition. He seems
to be of the same opinion, etc. Your Lordshp. will be
pleased to consider whether some other Commrs. are
not fit to be added to those recommended by the
Memorial, these losses being to be satisfied out of the
publick moneys, it may perhaps be expected that and
indifferent and exact estimate should be taken and
returned; should no other persons be added, I doubt it
may be said the enquiry is committed to the parties
themselves only who will be sure to do themselves
justice, etc. Signed, Sim. Harcourt. Copy. ¾ p.
[C.O. 152, 7. Nos. 16, 16.i.; and 153, 10. pp. 38, 39.] |
July 8.
Whitehall. |
1033. The Earl of Sunderland to the Council of Trade and
Plantations. The enclosed petition having been laid before
the Queen, you are to report the matter of ffact and what you
think fitting to be done. Signed, Sunderland. Endorsed, Recd.
Read July 11, 1707. 1 p. Enclosed, |
|
1033. i. Richard Budge to the Queen. His ship, the Hope,
having been illegally condemned in 1702 by Governor
Cornbury, he appealed, and H.M. ordered Sir C. Hedges
to give him a letter requiring Lord Cornbury to make
satisfaction. Petitioner attended him for 8 months
with said letter, but he only recommended him to apply
to H.M. for ⅓rd. and to the informer for another (who
yet denied that he had received any part). The cargo
of logwood was sold directly after the condemnation
of the ship, without attending the issue of the appeal.
Petitioner is deprived of his whole substance, and
prays for relief. Signed, Richard Budge. [C.O. 5,
1049. Nos. 40, 40.i.; and 5, 1121. pp. 79–82.] |
July 8.
Whitehall. |
1034. Council of Trade and Plantations to the Earl of
Sunderland. Enclose Capt. R. Jennings' proposal of June 13.
[C.O. 324, 9. p. 146.] |
July 8.
Whitehall. |
1035. Earl of Sunderland to the Council of Trade and
Plantations. I desire you will let me have a copy of ye Act
as lately passed in Jamaica for enabling Cary Bodle and others
to sell lands etc., that I may send it to Mr. Attorney Generall for
his opinion, etc. Signed, Sunderland. Endorsed, Recd. Read
July 10, 1707. ¾ p. [C.O. 137, 7. No. 53; and 138, 12. p. 120.] |
| July 9. |
1036. List of names proposed by Col. Jory. See following.
Endorsed, Recd. Read July 9, 1707. 1 p. [C.O. 152, 7. No. 17.] |
July 10.
Whitehall. |
1037. Council of Trade and Plantations to the Earl of
Sunderland. We have considered the objection made by
Mr. Attorney General to the Commissioners named for Nevis
and St. Kitts (July 8), and do agree with him that those persons
being all sufferers may be thought too much byassed in their own
behalf; And therefore to obviate that objection which, if not
removed, may be prejudicial to the inquiry when laid before
the Parliament, we have consulted with Col. Jory, and with
Mr. Duport, who has a considerable estate in St. Kitts. They
have inform'd us that there are very few, if any, in the said
Islands qualifyed for the execution of such a Trust but who are
one way or other interested in the said losses; and therefore
they have offered to us the following persons inhabiting Antego
and Montserrat (Antego, Col. Edward Byam, Barry Tankard,
George Gamble, Henry Sims and Valentine Morris; Mountserrat,
Lt. Gov. Anthony Hodges, William Fry, George Milward,
Wm. Gerrish and Joseph (?) Sims) or any three of them to be
Commissioners for examining upon oath the 16 Commissioners
named for Nevis and St. Kitts in relation to their own particular
losses. We have no objection to them. But in regard the said
Commissions are to be executed without any allowance, fee or
reward whatsoever, and thereupon a doubt may arise whether
the above-named Commissioners from Antego or Mountserrat
will be at the charge of going to Nevis and St. Kitts, in such
case Col. Jory and Mr. Duport propose that the Commissioners
for Nevis and St. Kitts may transport themselves to Antego
and Mountserrat and there make out their losses upon oath etc.
Autograph signatures. 3 pp. [C.O. 184, 1. No. 26; and
153, 10. pp. 42–44; and 152, 39. No. 115.] |
July 10.
Whitehall. |
1038. Council of Trade and Plantations to the Earl of
Sunderland. Enclose Act of Jamaica to enable Cary Bodle, etc.
(cf. July 8). The only objection made to the said Act in our
representation of June 9, is that it wanted a saving to the right
of H.M., etc. If Mr. Attorney Generall shall be of opinion that
such a saving is not necessary, wee have nothing to object why
H.M. may not confirm the said Law. [C.O. 138, 12. pp. 121, 122.] |
July 10.
Southwark. |
1039. Mr. Cox to Mr. Popple. Recommends Laurence Crabb
of Antegua to be of the Council, he having a good estate in the
place, etc. Signed, Charles Cox. Endorsed, Recd. Read July 11,
1707. 1 p. [C.O. 152, 7. No. 20; and 153, 10. pp. 46, 47.] |
July 11.
Whitehall. |
1040. Council of Trade and Plantations to the Earl of
Sunderland. Enclose following to be laid before H.M. |
|
1040. i. Council of Trade and Plantations to the Queen. There
being two vacancies in the Council of Antego, by the
death of Henry Pearn, and the absence of Charles
Mathews in England, propose Mr. Crabb, as in preceding.
[C.O. 153, 10. p. 48.] |
July 11.
(N.S.) Fort Kyckoveral, Essequibo. |
1041. Commandant Beeckman to the Dutch West India
Company. Signed, Samuel Beeckman. Dutch. 20 pp. Enclosed,
1041. i.–xxxiv. Accounts, petitions, inventories, etc. Dutch.
85 pp. [C.O. 116, 20. Nos. 7, 7.i.–xxxiv.] |
July 11.
Whitehall. |
1042. Council of Trade and Plantations to the Lord High
Treasurer. Enclose Office accounts from Lady Day to
Midsummer, which, with those from Christmas to Lady Day,
make 205l. 1s. 11d. See B. of T. Journal, July 11. [C.O. 389,
36. pp. 329–332.] |
| [July 11.] |
1043. Petty Expenses of the Board referred to above. 5 pp.
[C.O. 388, 76. Nos, 22–25.] |
July 11.
Whitehall. |
1044. W. Popple, jr., to Mr. Solicitor General. Encloses,
for his opinion in point of law, Act of New York, 1704, granting
sundry privileges to the Rector and inhabitants of the City of New
York, of the Communion of the Church of England, etc. [C.O.
5, 1121. pp. 78, 79.] |
July 11.
Whitehall. |
1045. The Earl of Sunderland to the Council of Trade and
Plantations. Application having been made in behalf of Col.
Hunter that whereas from the death of Major Nott to his succeeding him in the Government of Virginia, one moiety of the
Governor's salary has been paid to the President of the Council
there as usual, the other may be paid to Col. Hunter. I desire
your opinion, to be laid before H.M. Signed, Sunderland.
Endorsed, Recd. Read July 14, 1707. 1 p. [C.O. 5, 1315.
No. 67; and 5, 1362. p. 252.] |
| July 12. |
1046. Mr. Attorney General to the Earl of Sunderland. I
have perused an Act passed in Jamaica to enable Cary Bodle and
others to sell lands etc., and am humbly of opinion that Act is
not fit to be confirmed. The Act recites that King Charles II
granted two parcells of land, containing 1,100 acres and 400 acres,
to Dorothy Bannister and her heirs for ever, and that Dorothy
Bannister convey'd the same to Dorothey Waite and her
heirs for ever, and that Dorothy Waite afterwards marryed
with Theodore Cary. The Act likewise recites that King
Charles II granted 500 acres of land to Theodore Cary and
his heyrs, and that Theodore Cary dyed without heyrs,
and that King James II by his letters patents of escheat, Jan. 14th
in the 4th year of his reign, granted to Dorothy Cary and John
Bodle and their heires the said 500 acres. The Act likewise
recites that John Bodle intermarryed with Elizabeth the granddaughter of the said Dorothy Cary, and had issue by her, Cary,
John and Thomas, and that Dorothy Cary by her will gave to
John and Thomas 600l. each at their ages of 21, and all the rest
of her estate, lands, tenements, etc. to Cary Bodle for his life,
and to the heirs of his body lawfully to be begotten, with such
remainders over in fault of issue of Cary as in ye will are
mentioned. The Act likewise recites that John Bodle, the Father
of the said Theodore, had contracted great debts in endevouring
to improve the estate, and that Cary Bodle by reason of the entayle
in Dorothy's will, could not sell without an Act of the Assembly
for that purpose. And thereupon trustees are appointed to
sell 1,100, 400 and 500 acres, and the purchasers are by the Act
secured in the enjoyment thereof. This Act I take to be lyable
to the following objections. (1) The 500 acres are recited to
have been escheated to the Crown, on the death of Theodore
Cary without heyr, and the grant thereof by King James is
mentioned to be after his abdication, viz. on Jan. 14th in the
4th year of his reign; if no sufficient grant has been made since
the escheat, the title remains still in H.M. (2) Supposing Dorothy
Cary to have a good title, and the three severall parcells well
devised by her will, yet I see no necessity for an Act of Assembly
to enable Cary Bodle to sell, for though the first words in her
will devised the estate to him during his life only, yet the immediate
following words (and to the heyrs of his body lawfully to be
begotten) inlarge his estate, and make him tenant in tayle, and
consequently he has a power to sell without the aid of an Act.
(3) I conceive the want of a saving clause in this Act to be a
further objection against H.M. approving the same. Signed,
Sim. Harcourt. Endorsed, Recd. Read July 28th, 1707. Copy.
3 pp. [C.O. 137, 7. No. 54; and 138, 12. pp. 126–129.] |
July 16.
Whitehall. |
1047. Council of Trade and Plantations to the Earl of
Sunderland. Reply to July 11. Quote procedure in cases of
former Governors of Virginia, upon Governor Hunter's
application regarding his salary. Conclude: We are of opinion
that the Governor's salary shou'd not commence till the
publication of his Commission upon his arrival within his
Governmt., for if it was to commence from the death of his
predecessor or the date of his Commission, he might loyter here
in England to the prejudice of the Colony and of H.M. service.
This therefore appears to us to have been done for the quick'ning
the Governor's departure from hence. Shou'd H.M. gratify
Col. Hunter in this [h]is request, we doubt not but it will be urged
as a precedent in the like cases by future Governors in this and
all other H.M. Plantations, which may prove of ill consequence
to H.M. service, particularly in the delay of such Governor's
repairing to his government: it being reasonable to think that
any Governor will be glad as long as he can to avoid the expence
and charge of living there, if his salary shal run on while he continues in England. One moiety of the Governor's salary for that
Colony from Aug. 23, 1706–1707, which is sooner than the
present Governor can in probability arrive there, does amount to
1,000l. [C.O. 5, 1362. pp. 253–255.] |
| July 19. |
1048. Mr. Attorney General to the Earl of Sunderland.
Describes the Commissions prepared for the enquiry into the
losses at St. Kitts and Nevis etc. These Commissions being to
be executed without any charge to the Crowne, it is scarce
practicable to put it into a better method than your Lordship
has commanded, but I wish the Publick may not pay dear for
this good husbandry. It seems very reasonable to beleive that
these Commissioners neither having, or expecting to have any
reward from the Crowne, and being some of them fellow-sufferers,
and others near neighbours to them, the losses will be estimated
as high as may be, what they may amount to, I can't forsee,
but the petition to the House of Commons mentions 500,000l. at
least. Proposes that a Secretary be nominated for each
Commission. Signed, Sim. Harcourt. 2 pp. [C.O. 152, 39.
No. 114.] |
July 19.
Whitehall. |
1049. W. Popple, jr., to Wm. Penn. The Council of Trade
and Plantations send you reasons offered by Mr. Wilcox against an
Act passed in Pensylvania directing the qualifications of magistrates, etc., as also the dates of the Charters granted by you to
the City of Philadelphia, and People of Pensylvania. They
further desire you will let them have your particular answers
to the several Queries transmitted to you May 12th last, to the
end there may be no delay in the dispatch of your affair. [C.O.
5, 1292. pp. 12, 13.] |
July 20.
New York. |
1050. Governor Lord Cornbury to the Council of Trade and
Plantations. I trouble your Lordshipps with these few lines
only to enclose an Address to her Most Sacred Majesty, the
Queen, etc.; this would have been done sooner, but for the
difficulty of getting all the Members of the Councill together,
we therefore hope we shall not be thought negligent of our duty.
Encloses duplicate of letter of June 7, etc. In March last I sent
copys of all the proceedings in the Assemblys of this Province
since my coming hither, and of all the Minutes of Councill till
Mr. Clarke came to be Secretary, and some since that time, I
hope the rest will be ready in a short time, I hope to send them
by the next ships, which will sail in about three weeks' time. I
have nothing new to acquaint your Lordshipps with relating to
this Province, only that two privatiers, one from Placentia,
and the other from Petit Guaves, have been upon this coast,
the first was an English pacquet boat called the Queen
Ann, she was taken in the West Indies, and was made a
privatier. I had notice some privatiers threatned our coast,
I therefore ordered Capt. Davis with H.M.S. Triton's prize to
cruise between the Capes of De La Ware, and the East end of
Long Island, before he could get ready, I went to the Jerseys;
after I was gone he applyed himself to the Gentlemen of the
Councill for some men that he wanted, they considering that it
was the season of the year for vessels to come in, and fearing
delays might be dangerous, they gave an order to Capt. Mathews
to send a Lieutenant and 20 men of this garrison on board the
Triton's prize, which was done, and immediatly he went to sea,
and that night he saw the privatier, gave her chase all night,
and at 5 of the clock in the morning he came alongside of her,
and poured in his broadside, the first voley of small shot the
privatier made Capt. Davis was shot in the neck, two souldiers
and two sailors were killed, and five more wounded, of which
one sailor is since dead and one souldier will dye, the privatier
had 14 guns and 180 men, and fought very stoutly, but Capt.
Davis plyed him soe warmly that the privatier was forced to run,
the Triton's prize chased her till night, that the wind dying away,
the privatier took to her oars and soe got away. Capt. Davis
behaved himself as bravely and as well as any man in the world
could doe, having lost sight of the privatier, he came into
Sandyhook, and sent up the wounded men, and the Gentlemen
of the Councill sent him downe some sailors they had caused
to be pressed, the next day he put to sea again, but had not the
luck to meet with the privatier, in few days the time of his cruise
being expired he came into Sandyhook and himself came up
to towne to acquaint me with what had hapned in his cruise,
two or three days afterwards I received a letter from Col.
Seymour, Governor of Maryland, and another from Col. Jenings,
President of the Councill of Virginia, to acquaint me that a French
Privatier lay cruising off of the Capes of Virginia, and had taken
7 vessels bound in thither from England and other places; that
one of the prizes had ransomed and acquainted them with it,
that they had noe man of warr in their Governments, and desired
I would send one of the men of warr here to cruise upon their
coast. I send for Capt. Davis, and asked him how soon he could
be ready to sail, he told me in two days, and the second day he
did sail, and 70 leagues off the Capes of Virginia he retook a
Virginia ship, which had been taken 4 days before by a smal
privatier of 4 guns and 70 men, he brought the retaken ship into
Sandyhook, sent her up hither, and is gone to sea again in hopes
to meet with the privatier. This is all I can acquaint your
Lordshipps with at present. I have not had the honour of a
line from your Lordshipps these many months. Signed, Cornbury.
Endorsed, Recd. Jan. 27, Read Feb. 12, 1707/8. Holograph. 2 pp.
[C.O. 5, 1049. No. 45; and 5, 1121. pp. 113–116.] |
July 20.
Windsor Castle. |
1051. The Queen to Governor Parke. You are to appoint
Col. Daniel Smith to the first Lieut. Governorship in the Leeward
Islands that falls vacant, etc. Countersigned, Sunderland. [C.O.
5, 210. pp. 40, 41.] |
July 21.
Windsor. |
1052. Order of Queen in Council Confirming 7 Acts of
Jamaica. Signed, John Povey. Endorsed, Recd. Read July
28, 1707. 3 pp. [C.O. 137, 7. No. 55; and 138, 12. pp.
130–133.] |
July 21.
Windsor. |
1053. Order of Queen in Council. Repealing Act of Jamaica
enabling Cary Bodle, etc. Signed and endorsed as preceding.
1¼ pp. [C.O. 137, 7. No. 56; and 138, 12. pp. 133, 134.] |
July 21.
Windsor. |
1054. Order of Queen in Council. Approving representation
of June 9, concerning Act of Jamaica for additional subsistence,
etc., and directing accordingly. Set out, Acts of Privy Council, II.
p. 527. Signed, William Blathwayt. Endorsed as preceding.
2 pp. [C.O. 137, 7. No. 57; and 138, 12. pp. 135–137.] |
July 21.
Whitehall. |
1055. Council of Trade and Plantations to the Earl of
Sunderland. Enclose following to be laid before H.M. |
|
1055. i. Council of Trade and Plantations to the Queen. Report
upon petition of T. Barrow (June 23). Quote Governor
Handasyd, Jan. 29. As this is a general charge without
any proof; as there is nothing alledged against him
in relation to his behaviour as a practitioner in the
Law, and as on the other hand, we have a very good
character of Barrow from Sir G. Heathcote, one of the
Agents for that Island, and from Col. Laws, who was
many years Chief Justice there, we humbly conceive
that he ought not to be restrained from the practice
of the Law in that Island, to which having bin once
admitted by the Courts there, he has an undoubted right,
and ought to enjoy the same till convicted of such misbehaviour as shall amount to a forfeiture of such right
And therefore we humbly offer to your Majesty that
your royal pleasure be signified to Col. Handasyd to
permitt Barrow upon due application made, to practice as
an Attorney at Law in all your Majesty's Courts in that
Island, he behaving himself peaceably and with a
respectfull deportment to your Majesty's Governor
and to the Courts there. [C.O. 138, 12. pp. 122–126.] |
July 21.
Whitehall. |
1056. Council of Trade and Plantations to the Earl of
Sunderland. Having prepared a representation to be laid before
H.M. in Councill upon an Act lately past in Barbadoes for
remedying the inconveniencies arisen by the Act for establishing
of paper bills, and it being of very great moment to the Planters
there, and to the merchants here, who have been sufferers by
the said bills, that this Act be as soon as possible confirmed by
H.M., We desire your Lordship that the enclosed representation
may be laid before H.M. as soon as may be for H.M. directions
thereupon. Annexed, |
|
1056. i. Council of Trade and Plantations to the Queen. Report
on Act of Barbados past Aprill 25, 1707, to ascertain the
payment of such bills as have been issued pursuant to a
late Act to supply the want of cash, etc. This Act is in
pursuance of your Majestie's letter of Nov. 8 last. Its
purport is for appointing Commissioners to take an
account and to discharge and pay off such bills as were
issued by the former repealed Act. Having thereupon
consulted the merchants and others concerned in that
Island, who have been sufferers by the said bills, they
unanimously agree with us that the said Act, if confirmed
by your Majesty, will in a great measure remedy the
inconveniencies complained of, Wherefore we humbly
offer that your Majesty be pleased to declare your
royal approbation of the said Act, and that the signification of your Majesty's pleasure herein be dispatch'd
to Barbadoes by the first opportunity that shall offer.
[C.O. 29, 11. pp. 81–84.] |
July 22.
Whitehall. |
1057. The Earl of Sunderland to the Council of Trade and
Plantations. I desire you will think of two persons to act as
Secretaries to the Commissions of Nevis and St. Christophers,
and of suitable salaries to be allowed them. Signed, Sunderland.
Endorsed, Recd. Read July 23, 1707. 1 p. [C.O. 152, 7. No. 21;
and 153, 10. p. 49.] |
| July 23. |
1058. Mr. Attorney General to the Earl of Sunderland. I
have prepared a clause for each Commission for enquiring into
the losses at Nevis and St. Kitts to appoint Secretaries. I
submit whether it may not be more proper to appoint their
rewards by Privy Seal, or some other way then in the Commission.
The Commissioners may possibly expect a Salary when they
see their Secretary has one, or think themselves neglected, etc.
Signed, Sim. Harcourt. 1 p. [C.O. 152, 39. No. 116.] |
July 23.
Customehouse, London. |
1059. Commissioners of the Customs to the Lord High
Treasurer. Report upon an Act of Virginia relating to the
admeasuremt. of ships. As the duty is to be computed according
to the admeasurement of the ships' tonnage, and not the contents
of her lading, wee can by no meanes agree that this admeasurement should be equall to the quantity of goods brought home,
and be a stated rule to pay by, as is proposed by these merchants,
which would be very erroneous, from their owne acknowledgemt.
that a ship measuring 472 tunns by this clause will load no more
then 225 tunns of tobacco in hhds., which are enlarged in size
and weight near double to what they formerly were. But wee
are humbly of opinion, with some of the Members of Trinity
House, with whom wee have consulted, that the shipwright's is
the most equitable rule for ascertaining the tonnage of mercht.
shipps, since (as they say) the purchasers of them allways agree,
and willingly pay according to it. Shipwright's rule described.
Signed, T. Newport, T. Hall, Sam. Clarke, M. Dudley. Endorsed,
Recd. July 29, Read Oct. 20, 1707. 1 p. Enclosed, |
|
1059. i. Clause from an Act of Virginia for the support of the
Government, 1706. 1 p. |
|
1059. ii. W. Popple to W. Lowndes, May 14, 1707. Copy. 1 p. |
|
1059. iii. Virginia Merchants and Shippers to the Council of
Trade and Plantations. Copy. 2¼ pp. |
|
1059. iv. Same to the Commissioners of Customs. June 13,
1707. 1 p. [C.O. 5, 1315. Nos. 71, 71.i.–iv.; and
(without enclosures) 5, 1362. pp. 261, 262.] |
July 24.
Whitehall. |
1060. Council of Trade and Plantations to the Earl of
Sunderland. Propose Christopher Rhodes and Nathaniel
Estwick to be Secretaries of the Commissions of Enquiry at
Nevis and St. Kitts, with Salaries of 250l. sterl. each, for necessaries
for incident charges, and an advance of 100l. each for necessaries
for their voyage. We desire your Lordship will procure an
order for their accommodation on board the packet-boat, etc.
[C.O. 153, 10. pp. 50, 51.] |
July 26.
Windsor Castle. |
1061. H.M. Warrant for admitting Lawrence Crabb to the
Council of Antegoa. Countersigned, Sunderland. 1 p. [C.O.
7, 1. No. 17; and 5, 210. p. 41.] |
July 26.
Windsor Castle. |
1062. H.M. Warrant appointing Thomas Hodges Attorney
General of Barbados, with a proviso obliging him to actual
residence there, and to execute the said office in his own person,
etc. Countersigned Sunderland [C.O. 5. 210. p. 42.] |
July 27.
Windsor Castle. |
1063. (1) H.M. Commission to Col. John Garnet, Col. Stephen
Payne, Capt. Henry Burrell, Capt. John Barryan, Capt. John
Gallard, Capt. Robt. Davis, Capt. John Panton, John Hackshaw,
to inquire into the losses sustained by the inhabitants of St. Kitts
from the French, other than such losses as have been sustained
by any of the said Commissioners, which are to be enquired into
by Col. Edward Byam, Barry Tankard, George Gamble, Henry
Sims, Valentine Morris, Col. Anthony Hodges, Col. Wm. Fry,
George Milward, Wm. Gerrish and John Sims. Nathaniel
Estwick is appointed Secretary to the Commission. Countersigned, Sunderland. |
|
(2) Similar Commission to Col. Daniel Smith, Col. Richard
Abbot, Col. Thomas Butler, Thomas Minor, John Huffam, Joseph
Symonds, Thomas Colgrave and Samuel Brown, to enquire into
the losses at Nevis: their own losses to be enquired into by Col.
Byam etc. as in preceding. Christopher Rhodes is appointed
Secretary to the Commission. Countersigned, Sunderland. |
|
(3) Instructions of Messrs. Estwick and Rhodes as above.
They are to receive no fee whatever beyond the salary allowed
them by H.M. Signed, A. R. The whole endorsed, Recd. Read
Aug. 4, 1707. 6 pp. [C.O. 239, 1. Nos. 20, 21; and 152, 7.
No. 22; and 5, 210. pp. 43–54.] |
July 28.
Windsor. |
1064. Order of Queen in Council. Confirming Law of
Barbados to ascertain the payment of bills, etc. Signed, John
Povey. Endorsed, Recd. 9th, Read Aug. 14, 1707. 2 pp.
[C.O. 28, 10. No. 30; and 29, 11. pp. 92–94.] |
| July 28. |
1065. Clerks of the Board to the Council of Trade and
Plantations. A lively sense of our continued disappointments;
the smalness of our salaries; the great taxes and fees deducted
from the same when paid; few or no perquisites accruing to us,
as in other offices, etc., together with one whole year's arrear
due to us from his late Majesty King William; and our salary
due at Midsummer last likewise one other year in arrear, obliges
us to pray your Lordships to interpose with the Lord High
Treasurer for our immediate relief and quarterly payment for
the future, etc. 10 signatures, two of which are deleted. 1 p.
[C.O. 388, 76. No. 26.] |
July 28.
Whitehall. |
1066. Council of Trade and Plantations to the Lord High
Treasurer. Enclose and recommend preceding petition. The
whole time of the under-officers is taken up in the service of this
Board; there are no fees of proffit attached to their imployments;
the fees and taxes paid out of their salaries are considerable; for
want of their salaries severall of them have been obliged to run
into debt, and their creditors being now out of patience threaten
them with the utmost severity of the Law. [C.O. 389, 36.
pp. 332, 333.] |
July 28.
Whitehall. |
1067. Council of Trade and Plantations to Lord Sunderland.
Enclose draught of letter to Governor Handasyd (see July 21
and Aug. 2) relating to the Act for providing an additional
subsistance, etc., which your Lordship will please to lay before
H.M. at the first opportunity. Upon this occasion we desire
of your Lordship that when anything is ordered by H.M. which
relates to the business of this Board we may from time to time
be acquainted therewith, and that the dates of H.M. signatures
of such letters as shall be prepared by us for that purpose may
be transmitted to us in order to have the same entred in our
books. [C.O. 138, 12. pp. 137–140.] |
July 29.
Whitehall. |
1068. Council of Trade and Plantations to the Earl of
Sunderland. Enclose following Report, which being as we
conceive of great importance to H.M. service in New York, we
desire it may be laid before H.M. at the first convenient opportunity. |
|
1068. i. Council of Trade and Plantations to the Queen. Having
under our consideration such laws passed in New York
as have not yet been confirmed or repealed, we beg
leave for the present to lay before your Majesty two
of the said Acts, which in our opinion ought in the
first place to receive your royal pleasure, (i.) for vacating
several extravagant grants of land made by Governor
Benjamin Fletcher, etc. and (ii.) for the repealing several
Acts of Assembly, and declaring other Ordinances published
as Acts of Assembly to be void. Upon the Earl of
Bellomont's arrival in that Province he met with great
difficulties by reason of several undue practices introduced
there by the said preceeding Governor, and particularly
in relation to extravagant grants of land, whereof the
Earl of Bellomont was informed by a Memorial from
the then Attorney General of New York. Refer to
Representation. of Oct. 19, 1698, and Order of the Lords
Justices, Nov. 10, 1698. Upon the receipt of which,
Lord Bellomont passed the first mentioned Act (1699)
annulling 8 extravagant grants of land (enumerated).
Besides the 8 foregoing grants so vacated, there' do still
remain in force several other exorbitant grants, with
the particulars whereof we shal forbear to trouble your
Majesty till such time as it shal be judged proper by
your Majesty to have the like method taken for vacating
and annulling the said remaining grants, by an Act
to be passed in that Province, which however, from
the reasons given by the Earl of Bellomont, we do
apprehend may prove a work of great difficulty. The
aforesaid Act for vacating Col. Fletcher's grants having
been transmitted hither, objections were made against
confirming it, in substance as follows:—"That such
proceedings wou'd render the properties of all lands
uncertain and precarious. That the Lords Justices'
Instructions being to break the grants by legal means
the word legal must relate to the Law in being. That
therefore these Instructions can only mean to vacate
the grants by a proceeding in the ordinary course of
justice. That the lands of Dellius and Bayard were
by the grantees purchased of the Indians, and afterwards grants were taken of them from the Crown under
smal quit-rents by way of acknowledgment to fix
the tenure and soveraignty of them in the Crown; so
that as to these lands, the Revenues are not diminished
by the said grants, but the territories and dominions
of the Crown are enlarged. That if leases and conveyances were made of any of the land thus granted, the
particular persons therein concern'd would suffer
unjustly. Nobody would lend money upon a mortgage
of any of these lands, or make improvements under
these grants, or accept any long leases or conveyances
upon them, nor accept them upon settlements in
marriage etc. That supposing the grants are extravagant, they ought not therefore to be annulled, but
rather retrenched, and brought to reasonable limits.
That if the power of revoking grants be left to a Governor,
Council and Assembly, the Governor may have the
choice of so many of the Council, and have such an
influence in having his own creatures returned to be
of the Assembly, that he may at any time act arbitrarily
and unjustly in such revocations. That in this case
no redress being to be had, otherwise than by complaining
to the Crown of such undue elections, and the matter
being to be proved by witnesses to be produced here,
it will be so chargeable that few or none will venture
upon a thing of that nature, so that justice will very
hardly be obtain'd. That his late Majesty having
solemnly declared, under his great seal, that grants
made by his Governors, with the advice of the Council,
should be good and effectual against H.M., his heirs
and successors etc., it would lessen the royal credit."
To all which Mr. Champante, then Agent for New York,
did reply. "That the Assembly being according to
the Constitution of the Province, their passing the Act
which repeals the grants is pursuant to the Lords
Justices' Instructions, which intended a proceeding
by the legislative power, by the words made use of viz.
breaking, annulling. That Dellius' and Bayard's grants
were surreptitiously obtain'd, the proprietors being
then out against the French, and not above six or eight
being privy to the transaction, besides that those few
were made drunk, and a vast tract of land obtain'd
for a very little purchase. Upon my Lord Bellomont's
entring on that Government, and his Lordship's citation
of the persons therein concern'd, two of the Patentees
of the Mohacqs' lands surrendered their part of the
said grant, declaring that their meaning was, that the
land should solely and wholly be kept by them in trust
for the benefit of the Mohack Indians. That the
Indians themselves did, by a public Address to the
then Commander in Chief and Council there, thank
his late Majesty for restoring to them their land. That
if Dellius's grant be not revoked, the neighbouring
Indians will be constrained to desert and fly to the
French. That, in cases of this nature, particular
claims may afterwards be provided for. That the
demesnes of the royal forts at New York, viz. the lease
made to the Church of the King's farm, which used
to supply the Governors with corn; the meadow passed
away to Capt. Evans, and part of the King's Garden
to Col. Heathcote, are extravagant, tho not in extent,
yet in their nature. That there is not a Christian
inhabitant on either of Mr. Dellius's grants, neither
that whereof he was sole grantee, nor on the other
wherein Schuyler and others were partners with him, viz.,
the Mohack's land; and the other grants are liable
to as great or greater exceptions." A strong argument
urged for vacating these grants is, that great quantities
of masts and other timber fit for naval stores grow upon
the lands thus granted away, which cannot be regain'd
to the benefit of the Crown till the grants are vacated.
Annex Sir John Hawles' Report and the exceptions taken
thereunto by Mr. Champante. Thus the matter stood
till the Lord Cornbury's arrival in that Province, when
an Assembly was called, and the foresaid Act was passed,
for repealing several Acts of Assembly etc. (1702). This
Act repeals 3 Acts which were passed by the Earl of
Bellomont. (i.) An Act for regulating elections for
Representatives in General Assembly, etc., which Act
was confirmed by his late Majesty Sept. 5, 1700, and
appears to us to be a good Law, and ought not to have
been repealed by the Assembly there, without your
Majesty's leave first had. (ii.) An Act to prevent
vexatious suits, and settling and quieting the minds of
H.M. subjects within this Province, and (iii.) the formentioned Act for vacating several extravagant grants, etc.
And by general words, the said Act repeals all Acts
past at an Assembly held there from Aug. 19, 1701,
to Oct. 18 following; And in due time we shal lay before
your Majesty such of them as we conceive may be fit
and proper for your Majesty's royal confirmation.
The reasons given for the repealing the foresaid Acts
are set forth in the preamble of the said Act of Repeal
as follows, viz. "That several Acts and Laws have
lately been passed in this Colony, with plausible and
colourable titles and pretences, some of them incongruous
and unjust in themselves, others to obtain private and
sinister ends under the cloak of public good, many
pretended Acts as Laws by persons unqualified by
right or law to sit, or act in the Legislative power, and
by several as were not the choice of the people, and
all of them instead of being for the profit and advantage
of the subject as they ought to be, have been and proved
to the destruction of property, the confining and
enervating of liberty, ruinous to Trade, to the
impoverishing of the people, a discouragement to
industry, and hurtfull to the settlement and prosperity
of the Colony." The Lord Cornbury has not given
us any particular instances or proofs to make good
the foresaid general allegations, several of which seem to
be of an extraordinary nature, particularly those relating
to the undue elections and disability of several Members
who constituted the Assembly as therein mentioned.
But on the contrary, such of the so repealed Acts as
have hitherto been under our consideration, appearing
to us to be for your Majesty's service and the good
of that Province, we are humbly of opinion that your
Majesty be pleased to signify your disapprobation
of the foresaid Act repealing several Acts, etc. As to the
Act for vacating several extravagant grants, etc., we are
humbly of opinion that such exorbitant grants as are
therein mentioned are highly prejudicial to that
Province, wherein we are confirmed by letters from
the Lord Cornbury, complaining of the said grants,
and declaring that for some time he refused to pass
the above-mentioned Act of Repeal, whereby the foresaid vacating Act is among others repealed, till he was
induced thereunto by the Assembly's having at the
same time passed the Mony Bill, in that letter mentioned.
And we do therefore concur with the late Commissioners
of Trade and Plantations in their annex'd Representation, that it is absolutely necessary the said grants
be vacated; but that an allowance be nevertheless
made by way of regrant to every such grantee of a
suitable number of acres, not exceeding 2,000, to any
one person under a yearly quit rent of 2s. 6d. for every
100 acres, with a covenant to plant, settle and effectually
cultivate at least 3 acres of land for every 50 acres so
taken up within 3 years at the farthest, upon forfeiture
of every such grant. If your Majesty shal think fit
to approve thereof, then we further propose, for the
more convenient and equal setting out such lands,
that the Governor, Lieutenant Governor, Collector,
Secretary and Surveyor General of that Province for
the time being (the Surveyor General always to be
one), or any three or more of them, be impowered to
set out the lands so to be regranted, they having regard
to the profitable and unprofitable acres, so that each
grantee may have a proportionate number of one sort
and t'other, as was done upon the planting and settling
your Majesty's Kingdom of Ireland. And that the
production of naval stores in those parts may not receive
any impediment by such grants, we further humbly
offer, that in all new patents the grantees be restrained,
under the penalty of forfeiting their patent, from burning
the woods to clear the land, and that there be a particular
reservation of all trees of the diameter of 24 in. and
upwards, at 12 in. from the ground, for masts for your
Majesty's Royal Navy, as also of such other trees as
may be fit to make plank, knees etc. for the use of your
Majesty's said Navy. And in order thereunto we
humbly offer that your Majesty be pleased to approve
and confirm the said Act for vacating Coll. Flether's
extravagant grants. [C.O. 5, 1121. pp. 83–98.] |
July 29.
Whitehall. |
1069. Council of Trade and Plantations to the Earl of
Sunderland. Having this morning received a letter from
Governor Crow of June 5, wherein he complains of the great
distractions he found the Island in at his arrival occasioned
by the late Paper Act, and takes notice to us that it is H.M.
pleasure Mr. John Holder should be a Member of the
Councill notwithstanding the complaints that have been made
against him, as one of the chief promoters of that Paper Act;
and wee not being informed how that matter stands, desire
your Lordship will be pleased to let us know, whether there has
been any such signification of H.M. pleasure, without which wee
cannot make an answer to that part of the Governor's said letter,
which we think necessary to be done by the first opportunity,
nor can wee, as occasion may require, make a just representation
to H.M. upon the state of the Councill there, particularly in
relation to the said Holder, who was at first irregularly admitted
into the Council by Sir B. Granville the morning he left that
Island, contrary to his express Instructions, and has been
notoriously active in promoting ye late disorders there, as is
set forth in our representation to H.M. of May 28. [C.O. 29, 11.
pp. 89, 90.] |
July 29.
Whitehall. |
1070. W. Popple, jr., to Wm. Lowndes. Encloses copy
of Mr. Bridger's letter, Jan. 5, 1707, to be laid before the Lord
High Treasurer. [C.O. 5, 912. p. 385.] |
July 30.
Barbados. |
1071. Governor Crowe to the Council of Trade and Plantations. By the packet boat that arrived here on last Sunday
I had the honour of your Lordships' of May 9, and congratulate your Lordships on H.M. gracious choice of such
experienced Members of that Board, etc. By H.M.S. Crowne
(who I hope may be in England before this letter) I send
the papers you desire, wth. an exact acct. of what has past in the
short time I have been here, etc. I have appointed Fryday next
to publish the Union Act with what solemnity this poore place
is capeable off. The 60 days for the convoy's stay here expires
to-morrow, but by reason of the Paper Credit, and the difficulty
of shipping sugars from the wharfs (which by the carelessness of
an unthinking people are almost destroyed by banks of sand, soe
that the cask can only now be put into the boats at high
water). it will be impossible that the merchant ships should be
fully loaden in less than ten days more. I shall hasten them
all I can, they have only two men of war for to protect them,
wch. indeed is but a slender convoy, for soe many valuable ships.
I shall order the Lynn to see them so far as the latitude 19 or 20,
for fear of the Martineco privateers. Capt. Hayward in the
Deale Castle went downe with Commodore Wager to clean at
Antego, and is not yet returned. H.M. aditional Instructions
investing the eldest Councellor wth. ye powers of Commander
in Cheif in case of my death or absence, shall be duely
entred at the next Meeting of the Councill, the frequency
of wch. and other indispensible dutys in rectifying so many
unaccountable errors in this distracted Government has much
impair'd my health. We have had a Generall Distemper within
these two months that few, or none, has been free from, but blessed
be God, not very mortall, although fatall to severall of my
Domesticks. Signed, M. Crowe. Endorsed, Recd. 8th, Read
Oct. 22, 1707. Holograph. 2 pp. [C.O. 28, 10. Nos. 38, and
(duplicate) 38.i.; and 29, 11. pp. 115–118.] |
| July 31. |
1072. Attorney General to the Council of Trade and Plantations. Report upon the Act of Maryland relating to Ordinary
Licences, etc, (See May 16, etc.) There is not any salary granted
by the Letters Patents constituting Sir T. Laurence Secretary,
nor any express mention that the Ordinary licences, or any other
matter, in particular, is granted to the Secretary, but the patent
contains a grant of the office, with all rights, privileges, profits,
perquisites and advantages to the said office belonging, incident
or appertaining, and in such manner and form as any Secretary
of any of their (late) Majestys' Provinces in America, for or by
reason of the exercise of such office might lawfully have or
enjoy. Under the general words of which patent, I conceive,
Sir Th. Laurence, as Secretary of Maryland, ought to have the
benefit of the Ordinary licences, the same having been usually
enjoy'd as perquisites of that office, under the Government
of the Lord Baltimore, the late proprietor thereof, until his late
Majesty, with the consent of the Lord Baltimore, thought fit to
take that Government under his immediate care and protection;
but by the Act of Assembly for Regulating of Ordinaries (1704)
(which is to continue from the making thereof, for 3 years, and
from thence to the end of the next Assembly) the benefit of the
Ordinary licences are taken away from the Secretary and apply'd
in ease of the public charge of each County in which such
Ordinary-keepers live. This Act is the second attempt of this
kind that has been made since the resuming the Government
of this Province by the Crown. The first Act whereby this
perquisite of the Secretary's office was taken away, pass'd at an
Assembly, 1692, under the Government of Col. Copley, by which
Act the benefit of the Ordinary licences was granted to Coll.
Copley himself, and that Act was dissallowed, March 2, 1692,
and H.M. in Council was then pleased to order that Sir T.
Laurence should enjoy the full benefit of his Office, according
to the said letters patent. In obedience to which Order, several
temporary Acts of Assembly, from 3 years to 3 years, have since
pass'd, whereby the profits of the Ordinary licences, during the
continuance of those Acts, were given to the Secretary, by virtue
whereof Sir T. Laurence enjoy'd the same, but the last of those
Acts being expired, the Act of Assembly, now under your
Lordships' consideration, pass'd in Oct., 1704, whereby the profits
of those licences are appropriated to defray the charge of the
publick. And I am humbly of opinion that the last mention'd
Act of Assembly is derogatory to H.M. prerogative, in takeing
away from the Secretary, who is a Patent-Officer of the Crown,
the just perquisites of his office, without any previous Order
from H.M. for that purpose, and that 'twill be for H.M. service
that this Law should be disallow'd as soon as conveniently may
be, especially since the like Act hath been once already
disapproved in Council and disallow'd. This Act will continue
in force till H.M. declares her dissent thereto, and signifies the
same to the Governor, before which time the Act will be very near
expired, and I apprehend no manner of inconvenience by there
being any small interval of time between the determination of
this Act, and the Meeting of the next Assembly. And I am also
of opinion that the granting of licences by the Justices of each
County to such persons as they think proper for keeping Ordinaries,
having been found for many years to be of great convenience,
there seems to be no reason why the said Act should be made
temporary, from 3 years to 3 years only; wherefore I conceive,
if your Lordships shall think fit to represent your opinion to H.M.,
that this Law should be disallowed, it may be also proper for
your Lordships to represent to H.M. that it may be for H.M.
service, that at the next Assembly, the Act concerning Ordinaries
might be made perpetual, or at least for a much longer duration
than it has hitherto been made, and the benefit of the licences
appropriated for the use of the Secretary for the time being,
as fully, to all intents and purposes as the said Sir T. Laurence,
or any other Secretary of that Province, has at any time heretofore
held or enjoy'd the same, which will not only be some satisfaction
to Sir T. Laurence for the damage he has sustain'd by this last
Act of Assembly, but will be a certain establishment for the
Secretary of that Province, whereby his office will be render'd
less precarious and dependent upon the inhabitants of that
Province than at present it is. I think it my duty to observe
to your Lordships that Sir T. Laurence's patent was actually
determin'd upon the demise of the late King, and that his enjoyment of the said Office for so many years since, without any
patent from H.M., is not warrantable by Law, by virtue of the
Proclamation on H.M. Accession to the Throne; such a
Proclamation upon any Prince's Accession to the Throne has
usually issued, and been thought justifiable in respect of the
necessity of continuing the Commissions then in being on foot,
in that manner, till there might be a proper and convenient
opportunity to settle and issue new Commissions in a regular
manner, but 'twas never yet thought that such a Proclamation
could continue in force during the life of any King or Queen
by whom such Proclamation was issued, unless their pleasure
to the contrary should be declar'd. I humbly signify this to
your Lordships, in regard there may be many other cases in
the Plantations of this nature. Sir T. Laurence seems to have a
more reasonable excuse for not renewing his patent than other
officers in the like case, in regard to the interruption he has had
in receiving the benefit thereof: but he declares to me he is
applying for H.M. favour for renewing his patent. Signed,
Sim. Harcourt. Endorsed, Recd. Aug. 5, Read Oct. 21, 1707.
2 pp. Enclosed, |
|
1072. i. Duplicate of No. 929. |
|
1072. ii. List of papers relating to Sir T. Laurence's complaint.
1¾ pp. [C.O. 5, 716. Nos. 31, 31.i., ii.; and (without
enclosures) 5, 726. pp. 476–481.] |
July 31.
Whitehall. |
1073. Council of Trade and Plantations to Governor Handasyd.
Since our letter of June 26, we have received information from
good hands that there are two privateers belonging to Jamaica
which lye concealed on the Spanish coast and there intercept
the Spanish canoes as they come from trading with our ships,
and take from them the goods they have bought of us; and that
several of the principal traders of Jamaica are concerned in the
said privateers as owners. We are much surprised that we had
not the first account of this matter from yourself, and as we look
upon such evill practices to be highly injurious to the honour
of H.M. Government, a violation of the public faith, prejudicial
to the interest of King Charles III, and tending to the ruin of
our present trade with the subjects of the Spanish nation in
those parts, which trade (so beneficial to this Kingdom) may
notwithstanding the war be carryed on in such manner as H.M.
Additional Instruction on that behalf is declared and allowed.
We do expect that you forthwith make a strict inquiry into the
matter of the above mentioned complaint, and take care, as
much as in you lyes, to discourage and prevent the like dangerous
practices for the future, so that the true intent and meaning
of H.M. foresaid Instruction may not be eluded, but be duly
complyed with. And we desire you will by the first opportunity
give us a particular account of your proceedings herein, together
with the names of the persons who have any ways been concerned
in such practices, that as occasion shall require we may lay the
same before H.M. for her further pleasure therein. So we doubt
not of your care and ready complyance in a matter of this
consequence. We send you here inclosed H.M. Order in Councill
of July 21 for confirming 7 Acts past at Jamaica, that you may
take care it be made publick as usual. Also another Order
repealing an Act relating to Cary Bodle; and that you may
understand the reason, we inclose a copy of Mr. Attorney General's
Report. As to the Act for raising an additional subsistance for
the officers and soldiers, you will receive a letter from H.M.
signifying her dislike of the hardships which by that Act are
laid upon the soldiers. Annexed, |
|
1073. i. Account of 2 privateers, as above. Jamaica, April 3,
1707. Endorsed, Recd, from Sir G. Heathcote, July 31,
1707. 1 p. [C.O. 138, 12. pp. 141–144; and (enclosure
only) 137, 7. No. 58.] |
