Journal, April 1704: Journal Book I

Journal of the proceedings of Her Majesty's Commissioners for promoting the trade of this Kingdom, and for inspecting and improving her plantations in America and elsewhere, from the third of Aprill, 1704, to the twenty-eighth of June, 1705.

I

Journal, April 1704

April 3. Present:—Lord Viscount Weymouth, Mr. Cecill, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Plantations General.

Coin.

Ordered that a letter be writ to Mr. Lowndes to desire him to remind the Lord Treasurer of the representation of this Board of the 23rd of November last [H. fo. 286; fo. 44], which was referred to his lordship, relating to the rates of foreign coin in the plantations.

Virginia.

Bills.

Mr. Jennings attending again [H. fo. 468; fo. 9], their lordships made a further progress in considering the Virginia bills.

April 4. Present:—Mr. Cecill, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Barbados.

Captain Hayes recommended for engineer.

A letter to the Board of Ordnance [H. fo. 467; fo. 5] inclosing a copy of paragraph B of Sir Bevil Granville's letter of 12th of January last recommending Captain Hayes to be ingineer there, was signed.

Proprieties.

Representation on Mr. Byfield's charter for naval stores.

A representation, offering to her Majesty that a charter be granted to Mr. Byfeild and others [H. fo. 463; fo. 4. 20] for importing naval stores from Carolina, was signed.

Bermuda.

Representation on the petition of Edward Jones.

A representation [H. fo. 463; fo. 33] upon the Order of Councill of the 18th of November last [H. fo. 364] upon the petition of Edward Jones praying to be restored to his places in Bermuda, was signed.

Jamaica.

Several Acts considered.

Then their lordships proceeded [fo. 41] upon the consideration of the Acts past at Jamaica in August, 1703, and made a progress therein.

April 5. Present:—Lord Viscount Weymouth, Lord Dartmouth, Mr. Cecill, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Leeward Islands.

Letter from Mr. Povey about Commodore Walker.

A letter from Mr. Povey of the 4th instant by order of the lords of the committee of her Majesty's most honourable Privy Councill, désiring that the papers in this office relating to Commodore Walker's proceedings [fo. 16] the last year at the Leeward Islands be sent to him, in order to their being laid before the said committee, who are to hear the complaints against the said Walker to-morrow, was read; and thereupon ordered that Colonel Codrington's letter of the 8th August last [H. fo. 228] (the only paper in this office relating to the said Walker) be sent to Mr. Povey, with intimation that Colonel Codrington promised by his last letters to send in a short time to this Board an account of all things concerning his government.

Virginia.

Naval stores.

Bills.

Mr. Jennings presented to their lordships a memorial [H. fo. 469] relating to the production of pitch and tar in Virginia, which was read. Then their lordships made a further progress in considering the Virginia bills, and upon the bill entituled an Act for continuance of several Acts therein named (in part) and some other Acts with additions, Mr. Jennings was desired to prepare the draughts of particular bills, in order to be re-enacted anew instead of the foresaid general bill refering to old laws.

April 6. Present:—Lord Viscount Weymouth, Lord Dartmouth, Mr. Cecill, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Miscellanies.

Letter to the author of the Dayly Courant.

Ordered that a letter be writ to Mr. Bulkley [fo. 17] to desire to know where he had the copy of Colonel Handasyd's letter inserted in this day's Courant.

New England Proprieties.

Mr. Byfield and others attending.

Naval stores.

2,000l. Security.

Mr. Byfield and some members of the Pennsylvania Company attending, they were acquainted that their lordships had signed a representation upon the draught of a charter [fo. 2] proposed by them for importing naval stores from Carolina, and their lordships taking notice that the security of 1,000l. which they offer, was too small, they said they would call a court this afternoon and endeavour to made it up [to] 2,000l.

New Jersey.

Mr. Docminique's memorial.

Mr. Docminique presented to their lordships [H. fo. 400] a memorial, relating to the advertisement in the Gazette of the 31st January last about taking up lands in New Jersey, which was read.

New England.

Salary for Mr. Bridger.

A representation upon the Order of Councill of the 23rd of the last month [H. fo. 465; fo. 20] requiring this Board to consider of a salary for Mr. Bridger, lately imployed in procuring naval stores in New England, was signed.

April 7. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Barbados.

Letter from Board of Ordnance about an ingineer.

A letter from the Board of Ordnance in answer to one writ them the 4th instant [fo. 2] upon an extract of Sir Bevil Granville's late letter relating to the want of an ingineer there, was read, and directions given [fo. 8] for preparing an answer thereunto.

Plantations General.

Instructions for privateers.

The draught of instructions for privateers [H. fo. 440; fo. 7] which had been sent to the Earle of Nottingham the 15th of the last month, with the report of Councill thereupon, as also the draught of a declaration to be issued by her Majesty, being returned to the Board with directions that their lordships should reconsider the same, were read, and some progress made therein.

April 10. Present:—Lord Dartmouth, Mr. Cecill, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Virginia.

Complaints against Colonel Nicholson.

Colonel Ludwell and Mr. Fouace presented to the Board [fo. 7] an Order of Councill of the 30th of the last month, refering to their lordships the petition of six of the Councill of Virginia, complaining against Colonel Nicholson, governour of that province, which was read. He further laid before their lordships a memorial signed by the foresaid six counsellors, containing the particulars of their said complaint; and thereupon Colonel Ludwell was directed to bring on Wednesday, the 19th instant [fo. 9], such proofs as they have to make good their said complaints, and also the affidavits of such persons as may be in town, upon the same subject.

Plantations General.

Instructions for privateers.

Then their lordships proceeded further upon the draught of instructions [fo. 6] to be given to privateers.

April 11. Present:—Lord Viscount Weymouth, Lord Dartmouth, Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Virginia.

Complaints.

Ordered that copies of the papers mentioned in yesterday's minutes [fo. 6] to be received from Colonel Ludwell and Mr. Fouace against Colonel Nicholson, be sent to Mr. Thrale.

Plantations General.

Instructions for privateers.

Their lordships again proceeding [fo. 6, 11] in the consideration of the instructions to be given to privateers, and some difficulties arising thereupon, their lordships gave directions for writing to Mr. War for an explanation thereof.

April 12. Present:—Lord Dartmouth, Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Barbados.

Ingineer.

Letter to Board of Ordnance.

A letter to the Board of Ordnance [fo. 5, 21] in answer to theirs of the 4th instant, relating to an ingineer for Barbados, was signed.

Bermuda.

Jones's petition.

A petition from Mr. Jones, Provost Marshal of Bermuda, praying that the rents and profits of his place may be allowed him during his suspension, was read; and thereupon ordered that in the next letter to be writ to Captain Bennet it be recommended to him to allow the said Jones one moyety of the said rents and profits during his suspension.

Jamaica.

Compere's petition.

A reference from the Earle of Nottingham of the 8th instant upon a petition from Mr. Leonard Compere, Receiver General of Jamaica, to her Majesty, praying that two Acts past at Jamaica in November last [fo. 35] intituled An Act for raising and appropriating an additional duty and impost, and An Act for raising a revenue to her Majesty, &c. be repealed, was read; and thereupon ordered that Mr. Compere have notice to attend their lordships on Thursday the 20th instant.

New Yorke.

Order upon Acts.

Copy of an Order of Councill of the 30th of March, 1704, upon a representation of the same date, [H. fo. 463] approving two Acts of New Yorke relating to the English and French churches there, was read.

Virginia.

Bills.

Mr. Jennings attending, their lordships made a further progress [fo. 1, 10] in considering the Virginia Bills; and upon occasion of the Bill entituled, An Act concerning the granting, seating and planting, and for settling the titles and bounds of lands, and for preventing unlawful shooting and ranging thereupon, Mr. Jennings was desired to consider and offer to their lordships on Wednesday next what he should think the best method for effectually seating lands in Virginia.

April 19. Present:—Lord Viscount Weymouth, Lord Bishop of London, Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Virginia.

Complaint.

Colonel Ludwell and Dr. Blair attending [fo. 7], acquainted their lordships that they had not been able to get all the affidavits they expected relating to their complaints against Colonel Nicholson, by reason that Mr. Robert Beverly, Mr. Luke, Mr. James Wallis and Captain James Moody were unwilling to appear voluntarily. Whereupon ordered [fo. 18] that those gentlemen be desired to give evidence upon oath of what they know relating to that matter, and to bring the same to this Board on Wednesday the 26th instant.

A memorial from Mr. Thrale praying that he may have copies of such papers as are or shall be exhibited against Colonel Nicholson, in order to his making a reply thereunto, was read, and ordered that copies be given him accordingly.

Virginia.

Bills.

Their lordships proceeded upon the consideration of the Virginia Bills [fo. 9, 12] and upon that entituled A Bill concerning the church and clergy and other parochial affairs. Dr. Blair was desired to make a draught of some clauses [fo. 13] to be added thereunto, and to offer the same to their lordships on Monday next.

April 20. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Plantations General.

Instructions for privateers relating to Spaniards in America.

Sent to ye Earle of Nottingham.

The secretary acquainted the Board [fo. 7, 22] that last Thursday he attended the lords of the Cabinet at the Earle of Nottingham's, in reference to the letter writ to Mr. War the 11th instant relating to the instructions to be given to privateers, and that the Earle of Nottingham then told him that their lordships understood the trade to be carried on with the Spaniards in America to be only as it was before the war, but that they did not understand that hostilities should cease, except that the Spaniards should not be molested on land. Whereupon their lordships altered the instructions for privateers accordingly, and signed a letter to the Earle of Nottingham inclosing the same to his lordship.

Plantations General.

Draught of a circular letter relating to prizes.

A letter from Mr. Lowndes [H. fo. 430] of yesterday's date, inclosing the draught of a circular letter for her Majesty's signature to the several governours in America relating to prizes, was read; and some difficulties arising thereupon [fo. 19], a letter was writ by the secretary to her Majesty's advocate general for his opinion therein.

April 21. Present:—Lord Viscount Weymouth, Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Virginia.

Bills.

Their lordships made a further progress in considering the Virginia Bills [fo. 10, 13], and Mr. Jennings presented to their lordships two clauses to be added to the Bill entituled An Act concerning the granting, seating and planting, and for settling the titles and bounds of lands, and for preventing unlawfull shooting and ranging thereupon, which were read and approved, and ordered to be added to the said Bill accordingly.

April 24. Present:—Lord Viscount Weymouth, Lord Bishop of London, Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen.

Virginia.

Bills.

Mr. Commissary Blair presented to their lordships some clauses [fo. 10, 12, 14] in pursuance of the minutes of the 19th instant relating to Jus devolutum and to the trying of ministers for any crimes by them committed, to be added to the Bill concerning the church, clergy and other parochial affaires in Virginia, which were read, and ordered to be added accordingly.

And upon the Bill for the more effectual suppression of vice and restraint and punishment of blasphemous, wicked and dissolute persons. Mr. Blair was further desired to prepare a clause for preventing the prophanation of the Lord's day.

Three Bills to be sent to Mr. Attorney General.

Ordered that the Bills entituled An Act for the better securing the liberty of the subject. An Act for limitation of actions and avoiding of suits. And An Act for establishing the county courts, for regulating and settling the proceedings therein, and directing the manner of granting probates of wills and administrations of intestates' estates, be sent to Mr. Attorney and Mr. Sollicitor General for his opinion in point of law [fo. 68].

April 25. Present:—Lord Viscount Weymouth, Lord Dartmouth, Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Virginia.

Letter to Mr. Lowndes with two Bills.

A letter to Mr. Lowndes inclosing copies of two Bills of Virginia [fo. 13, 18, 94], viz:—An Act for preventing frauds in the Customes and in clearing of ships, for ascertaining collectors and naval officers' fees, and to prohibit the casting of ballast into rivers and creeks, and An Act for improving the staple of tobacco, and for regulating the size and tare of tobacco hogsheads, and desiring him to move the Lord High Treasurer that this Board may have the opinion of the Commissioners of the Customes thereupon.

Barbados.

Letter from the Governor.

A letter from Sir Bevil Granville of the 6th of February last, was read.

Jamaica.

Letter from the Governor.

A letter from Colonel Handasyd of the 5th of March last was read, and the papers therein refer'd to laid before the Board, viz:—

Publick papers.

Letter from Mr. Lewis to Colonel Handasyd, containing proposals for a settlement in the Bay of Campeachy.

List of prizes taken and condemned in Jamaica from 4th May, 1702, to the 1st March, 170¾.

Minutes of Councill from 7th December, 1703, to the 1st March, 170¾.

Accounts of her Majesty's revenue from the 29th September, 1702, to the 29th September, 1703.

Letters to be writ to Mr. Burchett, Mr. Lowndes.

Mr. Secretary Hedges.

Ordered that a copy of the foregoing letter be sent to Mr. Burchett to be laid before his Royal Highness's Councill, and a copy of the list of prizes to Mr. Lowndes to be laid before the Lord High Treasurer, and further ordered that copy of paragraph B in the foresaid letter relating to the settlement of a Governour in the Bay of Campeachy, as also the letter from Mr. Lewis to Colonel Handasyd thereupon, be sent to Mr. Secretary Hedges, and their lordships signed a letter inclosing the same accordingly.

Leeward Islands.

Letter from the Governor.

A letter from Colonel Codrington of … was read, and their lordships resolved to take into consideration at the first opportunity the Act therein refer'd to intituled An Act for establishing courts and settling due methods for the administration of Justice [fo. 20], past at Antegoa the 8th of February, 170¾.

Leeward Islands.

Letter from the Governor about the expedition to Guardaloupe, and proceedings.

A letter from Colonel Codrington of the 6th of February relating to the expedition to Guarda Loupa, as also the proceedings of the Court Martials [fo. 3, 17, 22] therein refer'd to, were read, and ordered that copy of the said letter be sent to the clerke of the Councill in waiting.

Another letter from Colonel Codrington.

A letter from Colonel Codrington of the 14th of February last was read, and the papers therein refer'd to laid before the Board, viz:—

Publick papers.

Account of his Royal Highness the Lord High Admiral's tenths of prizes condemned at Nevis since 28th July, 1702.

Mr. John Parry's account of prizes taken and condemned at Antegoa since the warr.

Answer of the Assembly to Colonel Codrington's speech made to them before the Councill.

Letter to Mr. Cary about Governor's salary.

And thereupon ordered that Mr. Cary be acquainted with what he writes relating to his salary.

Letter to Mr. Lowndes with account of prizes.

And further ordered that a copy of the account of prizes condemned at Antegoa be sent to Mr. Lowndes.

Letter to Mr. Burchett with an account of Lord High Admiral's tenths.

And copy of the account of his Royal Highness's tenths be sent to Mr. Burchett for the information of his Royal Highness's Councill.

Miscellanies.

Sir Bartholomew Gracedieu and Mr. Bulkley about printing Colonel Handasyd's letter.

The secretary acquainted the Board that in pursuance of his letter to Mr. Bulkley [fo. 4] publisher of the Daily Courant, inquiring where he had the copy of Colonel Handasyd's letter inserted in the Courant of the 6th instant, Sir Bartholomew Gracedieu had been here with the said Bulkley and had acquainted him that, Captain Gardner having given him a copy of that letter, he had given it to be printed.

April 26. Present:—Lord Viscount Weymouth, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Leeward Islands.

Account of Officers &c.

killed at Guardaloupa.

Mr. Blathwayt communicated to the Board an account of all the officers and soldiers [fo. 16] that have been killed, wounded, deserted and taken prisoners at Guardaloupa from 12 March, 170²/3 to the 6th of May following, also the number of officers and soldiers remaining.

Virginia.

Bill presented to the Board by Mr. Jennings to be transcribed.

Mr. Jennings presented to their lordships the draughts of two Bills [fo. 14, 21] entituled An Act for confirming titles to town lands and An Act directing the building the capitol and the city of Williamsburgh, which are to be in lieu of a Bill in the booke of Virginia Bills [fo. 176] entituled An Act for continuance of several Acts therein named in part and some other Acts with additions.

He further presented to their lordships four other Bills entituled An Act to confirm the naturalization of Joshua Moulder and others. An Act for ascertaining the bounds of several counties. An Act for naturalization, and An Act for laying an imposition upon skinns and furrs for the better support of the colledge of William and Mary, which are to serve in lieu of the Bill (in the booke of Virginia Bills, folio 204) entituled An Act for continuing several Acts therein named. Ordered thereupon that the said Bills be transcribed faire.

Virginia.

Commissary Blair's and others affidavits against the Governor.

Mr. Commissary Blair, Mr. Stephen Fouace, Mr. Robert Beverly, Mr. James Wallace and Mr. George Luke [fo. 10, 21] presented to their lordships in pursuance of the minutes of the 19th instant their respective affidavits relating to the complaint exhibited against Colonel Nicholson, whereupon they were directed, if they designed to make use of any other evidence or papers at the hearing to be appointed, that they bring the same to their lordships on Fryday morning next.

April 27. Present:—Lord Viscount Weymouth, Lord Dartmouth, Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Plantations General.

Letter from Sir John Cooke relating to prizes.

A letter from Sir John Cook, her Majesty's Advocate General, in answer to one written him the 20th instant for his opinion [fo. 12, 46] upon a clause in the draught of a letter then received from Mr. Lowndes for her Majesty's signature to the several Governours in America relating to prizes, was read, and their lordships thereupon gave directions for a letter to be writ to Mr. Lowndes inclosing the same, in order to clearing a doubt arising upon the said draught.

Carolina.

Copy of an Order of Council upon a representation about charter for importing naval stores.

Copy of an Order of Councill of the 20th instant upon a representation of the 4th ditto relating to a charter to Thomas Byfield [fo. 2] and others for importing naval stores from Carolina, &c., refering the said charter to Mr. Attorney and Mr. Sollicitor General, was read [fo. 39].

New England.

Copy of an Order of Council on representation about Mr. Bridger's salary.

Copy of an Order of Councill of the 20th instant, upon a representation of the 6th ditto relating to Mr. Bridger's salary [fo. 5], refering the same to the Lord Treasurer, was read.

Miscellanies.

Letter from Mr. Clifford about Mr. Hallam's being able to give an account of his affaires.

Answer.

Letter from Mr. Jeronomy Clifford signifying that Mr. Nicholas Hallam is able to give their lordships a full account of his affaires at Surinam and desiring their lordships to examin him on oath thereupon, was read. Whereupon ordered that, in answer thereunto, the secretary write to Mr. Clifford that if he think the said Hallam can say anything in his behalf, he would do well to get his affidavit thereof before a master in chancery.

Leeward Islands.

Act for settling courts of justice at Antego.

The Act for establishing of courts, and settling due methods for the administration of justice in Antegoa [fo. 16], mentioned in the minutes of the 25th instant, was read; and thereupon ordered that it be sent to Mr. Attorney or Mr. Sollicitor General for his opinion in point of law [fo. 207].

April 28. Present:—Lord Viscount Weymouth, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.

Newfoundland.

Letter to Mr. Secretary Hedges with commission for the Commodore.

A letter to Mr. Secretary Hedges inclosing a draught of a commission for the Commodore of the Newfoundland convoy, to command the fort and soldiers there during his stay, as also the draught of another commission for the captain of the soldiers to command in cheif in the absence of the Commodore, was signed.

Virginia.

Complaints.

Colonel Ludwell, Mr. Blair, Robert Beverley and others presented [fo. 18, 23] to their lordships several letters to inforce their complaints against Colonel Nicholson, with the affidavits of Mr. Fouace and Mr. Beverley thereunto. Whereupon ordered that the said letter be communicated to Mr. Thrale.

Barbados.

Engineer.

Ordnance Report.

Copy of the report from the Board of Ordnance [fo. 8] to her Majesty relating to an engineer for Barbados, was communicated to the Board by Mr. Blathwayt, and read.

Virginia.

Bills.

Their lordships proceeded further in considering the Virginia Bills [fo. 18, 29], and Mr. Jennings was desired to alter the preamble of the Bill for establishing county courts, and to make it conformable to the present constitution.

Table of fees.

Ordered that when these Bills are returned to Virginia, Colonel Nicholson be directed to endeavour to have a table of fees for all offices settled by Act of Assembly.