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OF
STATE PAPEKS,
COLONIAL SEKIES.
/Vol. ^-5]
AMEKICA AND WEST INDIES,
1706-1708, JUNE.
PRESEBVED IN THE
PUBLIC KECOKD OFFICE.
EDITED BY
CECIL HEADLAM. M.A.
PUBLISHED BY THE AUTHORITY OF THE LORDS COMMISSIONERS OF HIS MAJESTY'S TREASURY ..
UNDER THE DIRECTION OF THE MASTER OF THE ROLLS.
LONDON:
PRINTED UNDER THE AUTHORITY OF HIS MAJESTY'S STATIONERY OFFICE
By THE HEREFORD TIMES LIMITED, MAYLOKD STREET, HEBEFOKD.
1916,
To be purchased, either directly or through any Bookseller, from
WYMAN AND SONS, LIMITED, 29, BREAMS BUILDINGS, FETTER LANE, E.G., and
54, ST. MARY STREET, CARDIFF ; or
H.M. STATIONERY OFFICE (SCOTTISH BRANCH), 23, FORTH STREET, EDINBURGH ; or
E PONSONBY, LIMITED, 116, GRAFTON STREET, DUBLIN ;
or from the Agencies in the British Colonies and Dependencies,
the United States of America and other Foreign Countries of
T. FISHER UNWIN, LIMITED, LONDON, W.C.
Price Fifteen Shillings.
CORRIGENDA
(v)
CONTENTS.
PAGE
PREFACE - v ii
CALENDAR - 1
GENERAL INDEX - - 789
( vi)
CORRIGENDA.
Page 87, line 9 from bottom, for Pitt read Kitt.
139, line 3, for Charles II read Charles III.
168, line 14 from bottom, add, after Plantations, to the Queen.
,, 221, line 19, for ground read cause.
225, line 3 from bottom, for case read condition.
344, line 23, for trains read teams.
379, line 1, for Barland read Borland.
384, line 10, add 3 pp.
385, line 20, for Attorney read Solicitor.
637, line 10, for in read is.
,, 649, line 5 from bottom, for doubt not read doubt [not].
661, lines 13, 14 from bottom, read as to the money collected by
Richard.
,, 707, line 15 from bottom, add 1 p.
710, line 16, for learn read perceive.
736, line 3, for regress read negress.
747, line 9 from bottom, for guns read tuns.
749, line 5, for J. read Richd.
758, 20 lines from bottom, for Lette read Seth.
768, line 7 from bottom, for American read African.
778, line 15, for ? read Mutford (?).
( vii)
PKEFACE.
i.
GENERAL.
This volume has been compiled and edited in the
intervals of other work more closely connected with the
World-war which began in August, 1914. The events
recorded in it are over two hundred years old. But many
of them have an interest which has been redoubled by
recent occurrences. At that time, too, a world-war was
being waged on land and sea. England, with her Allies,
was fighting on the Continent, on the self-same terrain
in Flanders as now, and elsewhere throughout the globe.
She was struggling then to obtain that complete mastery
of the seas, which in this war she, with her Allies, has
established and held from the beginning. The foundations
of International Law were being laid. For many of the
same problems of trade, of the rights of neutrals, of contra-
band, prizes, and of losses at sea, of treatment and exchange
of prisoners, and so forth, arose at the beginning of the
eighteenth century, and became the subjects of discussion,
or petition, couched in some cases in language startlingly
similar to that which has been used of late.
The grant in aid of Nevis and St. Christopher's, voted
by Parliament on the occasion of Iberville's raid on the
Leeward Islands in 1706, formed a precedent for the
compensation granted to the sufferers from the Scar-
borough raid of 1915. For the British Empire, the
important problem of what contribution the Colonies
should make towards Imperial Defence had not been
then so happily solved.
By a curious coincidence, upon the very day on which
England declared war upon Germany for her violation
of Belgium, the Editor happened to transcribe the words
in which the Secretary of State announced to the Governors
viii PREFACE-
of the American and West Indian Colonies the good news
of Marlborough's wonderful victories in Flanders, and
prophesied that the arms of England and her Allies would
be completely victorious (501).
Act of Not j ess important than Marlborough's military
achievements abroad, was an act of legislative wisdom
performed at this time at home. For the pre-eminent
event in domestic affairs during the two and a half years
now under review, was the passing of the Act of Union.
It was destined to have far-reaching consequences in
the development of the Colonies. For the Act of Union
admitted Scotsmen to a share in the heritage of the British
Empire. They were not slow to make abundant and
loyal use of an opportunity for which the enterprise of the
Darien scheme and other incidents recorded in previous
volumes of this Calendar had shown that they were ripe.
The question of the status of Scotch traders and settlers
in the Plantations was laid for ever. Governors were
instructed to publish the Act in the most solemn manner,
and to look upon " Scotchmen for the future as Englishmen
to all intents and purposes whatsoever " (883, 889, 905).
Apart from the disabilities in point of trade and otherwise
from which Scotsmen had suffered before the Kingdoms
were united, the attitude of some unthinking Englishmen
towards them is curiously exemplified by a proposal
which emanated from the Governor of the Leeward Islands
whilst the delicate negotiations for the Union were in
progress. Col. Parke, anxious to lead an expedition
against Martinique, asked for " 10,000 Scotch with otemeal
enough to keep them for 3 or 4 months/' He proposed
to settle them there, if successful, and, if not, to get
those knocked on the head "who are so zealous to main-
tain the Kerke " (123). The Secretary of State disapproved
of this ill-timed scheme, and informed the gallant officer
that her Majesty looked upon Scotchmen as " good subjects
and good Christians, too good to be knock'd on the head
upon so wild a project " (834).
Statesman who administered this salutary snub
Secretary was the Earl of Sunderland. He had succeeded Sir Charles
of State
Hedges in the office of " Secretary of State in the Southern
Province," as he informed the Governors of Plantations
PREFACE. IX
in December, 1706 (658). He soon took an opportunity
of asserting himself with the Council of Trade. He
insisted that all business connected with his province
should be submitted to him before being brought before
the Privy Council and the Queen (703). Six months later
the Commissioners of Trade were uneasily aware of a
tendency on the part of the Minister to decide matters
relating to the Colonies over their heads and without
reference to them. They took occasion to request his
Lordship that " when anything is ordered by H.M. which
relates to the business of the Board, we may from time
to time be acquainted therewith " (1067). It cannot
be said that the decisions of the Minister, when they were
made contrary to the advice of the Board, were either
wise or fortunate. The contrary was notably the case
in the affairs of Newfoundland at this period.
offices 1 Meanwhile the evil system of Patent Offices, against
which the Board had so often protested, grew and struck
deeper roots. The misuse of the Plantations for providing
sinecure posts for the relatives and supporters of Ministers
is frequently indicated (559, 591, 604 etc.). The consequent
evils of absentee officials, absentee officers, absentee land-
lords and Councillors, and underpaid deputies became
increasingly apparent (5:9, 591, 604, 1220, 1380).
Spanish ^ u ^ ma ^ers of more vital importance than the multi-
Succession, plication of sinecures might well have absorbed all the
energies of Ministers, and did naturally employ them
to a large extent. The varying fortunes of the Allies in
Flanders, Italy and Spain are reflected in the despatches
of the Minister " for the Southern Province." The war
was prosecuted with spasmodic energy in the Western
hemisphere. Raids were carried out by one side or the
other in Carolina, the Bahamas, Nova Scotia, Newfound-
land and the Leeward Islands. But the fate of the English,
French and Spanish Colonies was being decided by
Marlbo rough's armies and the English high sea fleets.
Successes by the Allies on the Continent were immediately
communicated to the Governors of the Plantations by
flying packets (325, 403, 417, 454, 486, 501). Thanksgiving
?n h the p west Da v s were ordered to be celebrated in the Colonies (343,
indies. 354^ 357.1.). Great pains were taken to keep the
PREFACE-
Spaniards in the West Indies fully apprised of Marlborough's
victories and the successes of the Allies in Catalonia and
Italy. Every effort was made to induce the Governors
of Cartagena and Havanna to declare for Charles III (33 .i.).
Under the impression produced by the fall of Barcelona,
the success of the Allies on the Portuguese frontier, and
the victory of Ramillies (17, 313, 325), the Spanish
Governors appeared to incline that way. But when the
balance began to swing in favour of Philip V, the influence
of France, backed by French men-of-war, quickly re-
asserted itself.
Rear- Admiral Whetstone sailed from Jamaica with
in the " a noble squadron " for the Spanish Main in the summer
west indies, of 1706, and, acting under instructions from Mr. Secretary
Hedges, endeavoured to induce the Spanish Governors
to throw off the French yoke by the promise of the aid
of British arms (33, 33. i., ii., 68, 461, 493. i.).
He was able to report that the majority of the
Spaniards had a good inclination to Charles III, if they
dared but show it. They were overawed, however, by the
French forces. For Ducasse had recently arrived with
a squadron off the Spanish coast, with the intention of
convoying the galleons home (376, 377).
H^ndSTd Whetstone's efforts were seconded by the diplomacy
and the of General Handasyd. In letters addressed to the
s> Governor of Cartagena, he insinuated that the French
intended to seize Cartagena and the Havanna, and
promised, in the name of the Queen, that those Spanish
Governors would be rewarded who should " declare for
King Charles III, shakeing off that avaricious and devouring
French Batt " [=Vampire] (221, 221. iii., iv.). As a result
of these representations he was able to report a rebuff
to the French interest on the part of the Governor of
Cartagena (458). The Spaniards refused to allow any
French men-of-war or merchant ships to enter their ports.
And when they endeavoured to force their way ashore
at Havanna, the Spanish guard fell on them and killed
some ninety of the Frenchmen. Handasyd concluded
that the Spaniards in general, except such as were mere
pensioners of the French, were zealous for the interest
of the House of Austria (554).
PREFACE. XI
The French, on the other hand, wooed the Spaniards
by boasting that, whilst we were amusing ourselves at
Catalonia, they would sweep the English Colonies, and
prove more useful to the Spaniards than we could be,
by furnishing them with negroes from our Islands (337,
338, 443).
French P re- The reaction came when the news of the failure of the
Allies reached the Spanish in the West Indies, at the
beginning of 1707 (735). The French party triumphed
in New Spain in proportion to the success of the Due
d'Anjou in Old Spain. Governors who were reputed
to be in the interest of Charles III were turned out and
their places filled by those whose loyalty to France was
above suspicion (793). Admiral Sir John Jennings,
arriving on the Spanish coast, met with but a cold reception.
He found that those who had dallied with the proposals
of Sir William Whetstone and General Handasyd, when
Charles III was proclaimed King, were now suddenly
converted again to the cause of Philip V, when it was
known that his Catholic Majesty was restored to the
Court of Madrid. In his defence they were prepared to
spill the last drop of their blood. So the Governor of
Cartagena replied to the blandishments of the English
Admiral (735.L). In vain did the Earl of Sunderland
insist upon the desperate situation of France, and the
vigour of the effort which was being prepared by the Allies
(837).
C s P aSsh f ^e ener gi es * tne English Fleet in those parts were
gaiieons. now mainly directed towards the capture of the Spanish
galleons, when they should sail for Old Spain, laden with
the treasure of Philip V (752, 793, 797). Their move-
ments had long been carefully watched. At the end
of November, 1707, Commodore Wager sailed from
Jamaica for the Spanish coast, with the object of
intercepting them (1223). Here he received intelligence
of the arrival of a strong French squadron at Mar-
tinique under M. Ducasse (1223, 1223 .i.). Prudence
compelled him to return to Jamaica, after losing one ship
through bad weather (1250, 1379. i.). The presence of Du-
casse caused some apprehension of an attack upon Jamaica,
Barbados, or the I^eeward Islands. His real business,
xii PREFACE-
however, was to escort the Spanish galleons to Europe (838,
961, 1087, 1201). They had refused to trust themselves
to the care of Iberville two years before (499). Ducasse
proceeded to Havanna, and there awaited the arrival
of a fleet of Spanish merchant ships and galleons, which
had sailed from Cartagena for Porto BeUo in January.
Commodore Wager thereupon came out from Jamaica and
lay in wait in the passage between Porto Bello and Havanna,
in order to intercept them on their voyage to join Ducasse.
His weakened squadron was partly manned by soldiers
drafted from the regiment at Jamaica. If he could lie
there undiscovered, he would have the Spanish treasure-
ships at his mercy, for the French squadron would be
prevented from coming to their rescue, owing to the great
distance and contrary currents (1339, 1487, p. 714). His
long watch was at length rewarded. In the beginning
of June, unaware of his presence, the Spanish galleons
came out. Commodore Wager engaged the Spanish
Admiral, and blew up his ship. He then captured one
galleon ; another escaped from the Kingston into
Cartagena ; a fourth was forced ashore, where her crew
only partly succeeded in destroying her.
The value of the treasure in the three ships so captured
and destroyed was said to amount to some fifteen millions
sterling. But, like Benbow, Commodore Wager was badly
supported by the other ships under his command. The
commanders of the two men-of-war and the fireship,
which completed his squadron, left their chief to do the
fighting (1551, 1551 .i.).
Trade with w e have seen, in the previous volume, that trade had
Spaniards, been re-opened with the Spaniards. The importance of
it was emphasised by Sir Charles Hedges when he sent
the Queen's Instructions to General Handasyd to win
over the Spanish Governors. He explained that the
French were working themselves into the Spanish West
India Trade, and were endeavouring to monopolise it,
through the agency of M. Ducasse and the Assiento (33,
33 .i., ii., 68). The trade was accordingly pushed from
Jamaica and Barbados, with results which fluctuated,
naturally, as the progress of the Allies and the influence
of the French waxed and waned (735, 777, 998, 1223, 1250,
PREFACE- Xlll
1339, 1591). Its development was retarded by the
behaviour of the English Commodore, William Kerr.
J ama i ca merchants complained that he exacted large
commodore sums from them as the price of providing them with a
convoy of H.M. ships. When they refused to pay the
extortionate sums demanded, they lost their ships to
privateers. When they paid, their profits ceased to be
proportionate to their risks. On returning from their
voyage, their sloops and their cargoes were liable to be
seized by the Commodore on frivolous charges of illegal
trade. These matters were made the subject of investiga-
tion by a Committee of the House of I/ords. There was
some complaint also of the piratical behaviour of certain
Jamaican sloops in those latitudes (1180, 1199, 1204,
1277).
When a Commodore was capable of such blackmailing
tactics, it is not surprising to find that great abuses were
common in the Plantations in the matter of prizes. It
was deemed necessary to instruct Governors to interpose
with their authority and advice in all differences between
the Agents for Prizes and the Captains of ships of war
(59, 1330.viii., 1482.iii.-vi.).
A* 1 attempt on the part of some Swedish merchants
to cut into this coveted trade with the Spanish West
Indies under the aegis of the British flag, was not encouraged
by the Council of Trade. But whilst not deeming it
desirable to foster any such efforts on the part of foreign
countries, they stated clearly enough that the Swedes,
being neuters, could not be prohibited from trading to the
Spanish West Indies with goods not contraband (1172,
1188, 1234).
The damage wrought by French privateers continued
to be very great. Five out of eleven Virginia merchantmen,
for instance, were taken off the Canaries (323). But the
biter was sometimes bit. The master of an Irish vessel,
attacked by a sloop of greatly superior force, captured
his aggressor and brought her in. He had himself already
been taken three times during the war (432). Another
instance of pluck upon the part of the mercantile marine
was the feat of one Coleby, the commander of a trading
sloop, who fell in with a French privateer of superior
XIV PREFACE-
equipment, which had taken many of our trading sloops
off the coast of Cartagena. Coleby gave fight, and,
after repelling three attempts at boarding him, turned
the tables by capturing the privateer (17).
Convoys. With the seas so infested by enemy privateers, the
question of convoys for the merchant fleets became
increasingly a matter for concern. Moreover, the French
raid upon the I^eeward Islands, to which we shall refer
more particularly when dealing with the West Indies,
created something like a panic in all the American Colonies.
The Council of Trade recommended the despatch of convoys
at regular periods, adapted so far as possible to suit the
occasions of all traders in the Colonies concerned, so that
the homeward-bound ships might all sail together under
convoy (72). Great losses had been incurred by the
Virginia and Maryland fleets coming away so late the year
before (672 .i.). Orders were given to this effect (772).
A report by Col. Quary emphasises the disastrous results
of " the late distractive and irregular way of fleets " upon
the tobacco market (130.i.). It was not, however, so easy
to reconcile the divergent views and interests of the trader
at the various home ports. When they consulted them,
the Council of Trade found that the problem of the I^ondon
merchants differed from those of the Liverpool, White-
haven and Bristol shippers. The Whitehaven men wished
to sail later than the lyondon, agreeing with the Liverpool
men that Col. Quary 's proposal of one convoy a year
to Virginia and Maryland was not to be desired, and that
all ships should have liberty to sail as they got ready (159,
242, 295.i.). Contrary to the recommendations of the
Board, permits were granted in increasing numbers for
ships to sail without convoy, much to the benefit of the
enemy's privateers and to the loss of H.M. Revenue (63 .i.,
etc.'). The whole matter was presently brought before
the House of Commons (1214. i., see below, 3, Newfoundland).
Th T?ie CCO ^e tobacco trade, especially, was affected by the
insecurity of the seas. Maryland and Virginia, the chief
tobacco Colonies, suffered severely in consequence. No
trade, the Surveyor General of the Customs reported in the
memorial already referred to, was worse managed. Apart
from the irregular sailings of the convoys, and the capture
PREFACE- XV
of tobacco-laden runners, two causes are suggested as
contributing to the dislocation of the tobacco market,
and the consequent ruin of planters and merchants. One
is, that the Continental trade in American tobacco was
being cut into by the growth of tobacco in Holland and
Germany ; the other, that certain English merchants
had obtained a concession from the Czar for setting up
the manufacture of tobacco in Russia, and were
endeavouring to obtain a monopoly of importing it (130,
131. L, 225). Besides this, the markets of France, Spain,
Flanders, Portugal and the Baltic were now, in whole
or in part, closed to the English exporters. To remedy
these evils, the merchants made several proposals. The
opening of the markets of Spain, Portugal, Russia and
Sweden, and liberty for H.M. subjects to export tobacco
from England to France in neutral bottoms, were amongst
the remedies proposed by them, and recommended by
the Board of Trade. The suggestion that all tobacco
used by our soldiers and sailors abroad should be manu-
factured in England, and allowed the same drawback
as for foreign exportation, did not, however, meet with
their approval (130 .i., 200, 201, 225, 250, 293, 295.i., 684,
990, 992). A report upon the whole matter was presented
by the Council of Trade in July, 1707 (1024.i.).
The use of the word Plantations indicates very sug-
gestively the attitude of England upon the whole theory
'of colonisation at this time. " The Plantations," observed
Mr. Secretary Hedges, " are to be valued as they are
more or less valuable to England " (71). Economically,
at this stage of their development, Colonies and Mother-
Country could be mutually most beneficial to each other,
if the Plantations produced raw material to be worked up
in the factories at home. So applied, the manufactures
of England could be produced for the Colonial market
much better and more cheaply than similar goods could
be made there. Towards the development of this end,
the English Government applied all its influence. Any
tendency to manufacture woollen goods, articles of dress,
or to build ships, was actively discouraged. Every effort
was made to concentrate the energies of the Colonists within
their proper sphere, the production of rice, tobacco, sugar,
xvi PREFACE-
flax, hemp, potash, timber, pitch and tar (71, 127, 157,
232, 233, 423, 523, 641). The Council of Trade, however,
did not support the extravagant proposal of the English
wool-merchants, who were capable of ignoring the con-
sumer's point of view so far as to suggest that the planters
should be obliged by an Act of Parliament to clothe their
servants and slaves with English woollen goods at fixed
prices. They also made other proposals for taxing imports
into the American and West Indian Colonies, pleading
that the planters had paid no taxes towards the war, whilst
England was put to vast expense to defend them (365.ii.).
In negativing the proposal, the Council of Trade pointed
out that those branches of trade, which were proposed to
be taxed, were, in fact, already in great measure subject
to taxation, and they laid down the principle that, " the
wares and merchandises of any sort to be sent from
England for the supply of the Plantations, ought rather
to be recommended to H.M. subjects there by their proper
goodness, usefulness and cheapness than be imposed
upon them by a rated price, by the power and compulsion
of L,aws, which would be the greatest discouragement to
trade" (641).
The production of Naval Stores pitch, tar, hemp
and timber for the use of the Navy had long been
encouraged in the Plantations by the Government. The
growth of this trade, stimulated as it was by the Act
which granted a premium to the importers, is indicated
by Custom House returns, and Mr. Bridger's reports
(363.i., 544, 641, 691, 788, 1186, 1384, 1395). Adopting
the suggestion of the latter, who had been sent to
superintend this industry and to instruct the planters
in the manufacture of pitch and tar, it was decided not
to apply too stringent a test to the quality of the goods
sent over, for fear lest traders, if they failed to receive
the premium, might be inclined to turn their energies
into other channels (631, 673, 1218.i.).
Parikment f A P art from th e Act of Union, three Acts of Parliament
were passed during 1707 and 1708 directly concerning
the Plantations. The first was an Act "for the more
effectual suppression of piracy," of which, however, very
much less has lately been heard in these pages (872).
PREFACE. XVli
The others were u for the encouragement of trade to
America " and " for ascertaining the rates of foreign
coins in H.M. Plantations" (1440, 1477). The latter
Act, which was prepared by the Council of Trade, was
rendered necessary by the refusal of many Colonies to
obey the Proclamation of 1704 (976.i., 1157, 1260, 1261,
1268, 1274, 1278, 1289, 1309, 1318). The unsatisfactory
state of the currency, and its evil effects upon trade are
indicated in Lord Cornbury's despatch in 1706 (463).
The Council of Trade had already enunciated some plain
principles of political economy for the benefit of the
Assembly of the Massachusetts Bay (85). But in vain.
The Propriety and Charter Governments in particular
clung to their old bad ways of clipping coinage, and altering
the value of the currency. In the Islands, the Proclama-
tion had been obeyed in some cases, but not in others.
The result was that money flowed to those places where
the price of the currency was enhanced. Barbados, which
had obediently adopted the lower rates prescribed by
the Proclamation, found itself drained of cash. To supply
the deficiency, it passed the disastrous Paper Act, to which
we shall presently refer, 3 (976. i.).
andcni e rt y e r ^he disobedience of the Propriety and Charter Govern-
Govern- ments in this matter was urged by the Council of Trade
as yet another proof of the desirability of resuming them
to the Crown. A Bill for their better regulation had
already been prepared (18, 88, 120, 121). It was introduced
into the House of Commons by Mr. Blathwayt, the former
Commissioner of Trade, February 23, 1706, but it was
thrown out on the first reading, March 2.* (See below, s.
Carolina, 2.)
instructions ^ he P assin g f these and other new Acts and the develop-
for ment of the produce of the Plantations involved certain
Governors. , ,..,... . ^ _.
alterations in the Instructions of Governors. The Council
of Trade took the opportunity offered by the appointment
of a new Governor of New York to introduce these
alterations. By the recent Act, for granting a subsidy,
rice, molasses, pitch and tar were included in the
"enumerated commodities" (1496, 1599.ii.).
* House of Commons' Journal.
Wt. 4912. C b
xviii PREFACE.
The unhappy consequences of the Paper Act in Barbados
gave occasion for a new Instruction to Governors for-
bidding them to pass any Acts of an extraordinary nature
or importance, without having first received the Royal
sanction (546, 566, 583). The crisis arising in the same
Island from the same cause led to the issue of an Order
councils in that members of Councils in the Colonies who persisted
tne
Colonies, in absenting themselves from their duties were to be
suspended (948, 1153.i., 1203). The Council of Trade
pointed out to the Earl of Sunderland that the granting
of leave to Councillors to remain in England without
their knowledge was likely to nullify the object aimed
at by this Order (220). It is to be observed that, whilst
the position of Councillor was coveted in some Colonies,
whether as a post of honour and influence, or a source of
perquisites, or a refuge from judicial proceedings and the
recovery of debt, in others, as for instance, in New Hamp-
shire and the Leeward Islands, the office was regarded
as a liturgy without profit, involving much labour and
expense, with little or no return. In the latter case,
Councillors were, not unnaturally, little inclined to pay
fees for the honour of serving their Queen and Country.
They took exception, therefore, to the new method of
appointment by warrant, of which some indications occur
in this volume, and which involved the payment of fees
by those appointed (789, 1077, 1085, 1396, 1504).
The position of the President of the Council, in case
of the death of a Governor, was liable to be called in
question, and had, within the last few years given rise
to serious controversies in New York, Virginia, and
Barbados. Upon the occasion of the appointment of a
new Governor of Virginia, the Council of Trade therefore
secured the issue of a new Instruction to all Governors
appointed by the Crown, that, in the case of the death
or absence of Governor and lieutenant-Governor, the
President, or eldest member of the Council, was in future
to act as Governor for the time being (859 .i., 860, 861,
These and other matters kept the Council of Trade
of Trade, fully occupied. When, in 1707, some changes were made
in the Board, they added to their labours by addressing
PREFACE. XIX
a series of questions to the Governors, and reiterated
former injunctions as to returns of accounts, Acts, and
Minutes, which had been but very irregularly observed
African hitherto (896, 904, 1006). Amongst these was an enquiry
Trade, as to the working of the African negro trade (1434).
The new Commission consisted of Lords Stamford,
Dartmouth and Herbert of Chirbury, Sir Philip Meadows,
John Pulteney and Robert Monckton. With them,
apparently, George Stepney was associated (904, 1284).
As Secretary, already a Popple to a Popple had succeeded.
For upon the retirement of William Popple, his son, of
the same name, who had been acting as Deputy Secretary,
was appointed (933). An interesting little example of
the compliments which passed between him and some of
the men of position in the Colonies is preserved in the
note from the President of the Council of Virginia :
" Mirtle wax was not to be had Birds are
difficult to be got or kept alive. ... I hope to send
you some squirrels " (485). This myrtle wax, it may
be observed, was made out of myrtle-berries and used
for making green wax candles. The new Commissioners
drew attention to the increasing business of the Office,
and, upon the occasion of the new Privy Seal, demanded
the addition of a new clerk (1147, 1147.i.). The under-
officers of the Department were reduced to great straits,
owing to the long delay in settling the arrears of their
salaries (1065, 1066).
mScSi ^ e appointment of a Commercial Agent to the Board
Agent, was suggested. His reports, as he said, would contribute
to a sort of Trade History of England. The Council
of Trade replied that they were already sufficiently well
served. Their answer furnishes a valuable sidelight upon
the methods of the Office, and the relations of the Board
with prominent merchants at home and abroad (967,
1192).
Mr. Dummer's Packet-boats continued to provide an
improved channel of communication with the Colonies,
and also to collect intelligence for the use of the Board
(386, etc.'). But, even so, means of communication with
the mainland were still so imperfect that Governor Dudley
complains, in 1706, that he has had no letter from the
XX PREFACE.
Board for nine months, and hardly any opportunity of
writing to them (443). Lord Cornbury received no letter
from them for a whole year. Proposals for extending
Mr. Dummer's mail-service to the mainland appear to
have hung fire.
Refugees. A thin stream of Protestant Refugees from the
Continent continued to flow through England to the
Plantations (30, 144.i., 172). Two groups in particular,
of Protestant Refugees from High Germany, after being
entertained and naturalised at the expense of the Govern-
ment, were despatched to New York, and provided for.
Their trades, and their names somewhat obscured in
the process of naturalisation are given (1442.L, 1445,
1456.L, 1506, 1565.L, 1594).
2.
THE AMERICAN COLONIES.
- ^ ^ beginning of the period under review, Governor
setts Bay, Dudley is still loud in his complaints as to his scurvy
compiamts. treatment at the hands of the Assembly of the Massa-
chusetts Bay. His only offence is asserted to be his " care
and attendance on the Church of England, and the strict
pursuit of H.M. commands" (97 .i.). But the Assembly
still refused to vote supplies for the support of the Govern-
ment (511). The Judges were still miserably underpaid.
The Lieutenant-Governor, Povey, was starved into
throwing up his post (p. 31, No. 76). And, in face of
the persistent refusal of the Assembly to comply with the
demands of the Crown, the Council of Trade were obliged
to confess themselves unable to remedy matters. They
commended Dudley's action, however, in regard to the
of prSoT- Sp eaker > and reasserted the Queen's right to veto the
tive. choice of a Speaker or of Members of Council (85).
Dudley reiterates his old complaint that, in spite of all
H.M. commands, he had not received the assistance of
one man or one penny from Connecticut or Rhode Island
towards the present war, and he sends home another
jurisdiction. instance of the infringement of the Admiralty jurisdiction
by New England justices an infringement described by
the Advocate-General as " very irregular " (69, 815).
PREFACE. 3ori
^ S the re 511 ^ f hi s precautions in keeping a large force
on the frontiers, Dudley had the satisfaction of being
able to announce that the enemy Indians had been driven
starving into Canada. He was in a position to refuse
to purchase the release of prisoners, and to reject the
truce proposed by M. Vandreuil, Governor of Canada
(456, 511). Nay, more. Given four ships of war and some
mortars, he once more undertakes to " remove all the
French from Canada and Port Royal" (69, 69.ii., 511).
His proposal was submitted to the Admiralty (70), and
the success of his frontier policy praised by the Council
of Trade (434).
Before long, however, a noticeable change comes over
the tone of his correspondence. Whilst he insists more
than ever upon the success of his measures against the
Indians and his defence of the frontiers, he drops his
complaints against Connecticut and Rhode Island, and,
waiving the grievance as to his salary, confines himself
to emphasizing the satisfaction of the Assembly and the
people in the success of his measures (305, 443, 511, 947,
1135, 1186). The reason for this change of tone is
evidently to be found in the scandal of the Vetch case,
and the use made of it by Dudley's enemies.
It appears that Dudley had employed one William
Rouse to carry some French prisoners to Port Royal,
there to be exchanged for an equal number of New England
and Virginian prisoners. He was also to ransom some
English ships (525, 530 .i.). He was forbidden to trade
(530). But in company with some other masters of sloops
including an old adventurer from Darien, Samuel Vetch
he took the opportunity of trading with the Indians and
French in the course of the voyage along the coasts of
Newfoundland and Nova Scotia. The people of Boston,
smarting under the frontier raids of the enemy, which
had cost them so dear, were furious when they heard
that they had been supplying the enemy with arms and
ammunition, as well as provisions and clothing (536).
There was a great outburst of popular indignation. The
Governor yielded to the storm. He allowed the General
Assembly, which was sitting at the time of their return,
to take cognizance of the case, " as the Charter doth
XX11 PREFACE.
admit." Acts were passed inflicting heavy fines upon the
persons involved. The fines were so far beyond the means
of the defendants, that they were equivalent to condemna-
tion to prison for life. Dudley recommended that they
should be remitted in part (525, 525 .ii.).
Vetch and his companions in misfortune appealed
against this judgment, stating their case, and claiming
that the Assembly had acted ultra vires, and that, in any
case, yielding to the pressure of the mob, they had inflicted
fines that were extravagant (773. i., ii., 774 .i.).
When the case was submitted to the Attorney-General,
he gave it as his opinion that the Governor, Council and
Representatives, composing the General Assembly, had
by the Charter no judicial powers, and that the passing
of these Acts would, if confirmed by the Crown, form a
dangerous precedent in depriving H.M. subjects of their
birthright as Englishmen, trial by a jury upon oath (787,
832).
vetch 5 etc Upon these grounds the Acts in question were repealed,
repealed, the offenders being ordered to stand a new trial in the
ordinary course of I^aw (873, 1121, 1122, 1504).
The matter, however, was not allowed to rest there.
These men, it was rumoured, were only scapegoats. Great
persons, it was asserted, were involved in this unsavoury
matter (536, 637). It is probable that Paul Dudley was
in it. But there is no evidence at all that the Governor
was. His enemies, however, seized the opportunity of
making an elaborate indictment of the whole administra-
tion of Joseph Dudley before the Privy Council (1100).
In a pamphlet published by " Philopolites," which has
been re-printed in the Sewall Papers, Vol. II, and in which
the influence of Cotton and Increase Mather is clearly
traceable, the case against the Governor and his son is
stated with the utmost venom, but not proven. The
venom of the attack defeated its object. Dudley was
charged with trading with the enemy, and the sporadic
outrages of the Indians were laid to his charge (1100).
He was able, in reply, to point to the success of his policy
of frontier defence. His answer was effective (1186,
1186.ii.). And even Vetch's guilt, if he was guilty, was
quickly condoned. For we shall presently find him
PREFACE. xxiii
promoted to the rank of Colonel, and consulted upon
the proposed expedition against Canada.
E * pe port n Dudley had continued, meanwhile, to press his project
Royal, of an attack upon Quebec and Port Royal (69, 70, 511,
526, 1186.L). These places, he urges, might easily be
reduced. Either of them would be " a very fair settlement
for a Scotch Province " (p. 240).
Presently, in May, 1707, he despatched an expedition
of a thousand musqueteers, in a score of sloops and
brigantines from Boston, to ravage the French settlements
in Nova Scotia. This force included a contingent from
Rhode Island. They landed in the same month upon
the Port Royal headland (947, 1135, 1186).
^ e Expedition was a failure, so far as its objective
was the capture of Port Royal. Col. Redknap, who sailed
with it as H.M. Engineer, puts the best face on the matter
by insisting upon the damage wrought amongst the cattle
and habitations, which were burnt up to the very gates
of the Fort, the number of prisoners brought back, and
the insignificant losses of the expeditionary force (1347).
Dudley echoes him. But he admits that our forces retired
sooner than he had intended, and that he compelled them
to return to Port Royal, though without avail. The
strength of the Fort and garrison, and the lack of heavy
artillery are alleged as their excuse (1135, 1186). The
fact remains that having come up to the gates of Port
Royal, the Expedition retired almost without having fired
a shot. Col. Quary, who emphasises the importance of
Port Royal, hints at a black story of cowardice and ill-
conduct. He asserts that, in spite of "all the misery
that hath happened, and still threatens New England
from the settlement of the French at Port Royall, yett
there hath been and still is a trade carried on with that
place by some of the topping men of that Government,
under the colour of sending and receiving Flaggs of Truce "
(1273).
usher's I^t.-Governor Usher (who, it must be remembered,
had no love for his Chief) speaks of a " horible, shamfull
miscariage," due to the lack of a good soldier to manage
the war (1592). In a diary of the Expedition, which is
indeed anonymous, but which I attribute confidently to
XXIV PREFACE.
Usher, as being unmistakably in his handwriting, spelling
and style, he gives an exceedingly vivid and illuminating
account of the bungling of this business, whether at first
or second hand. Both Paul Dudley and Col. Redknap
are directly blamed for cowardice and incompetence, if
not worse (1592.ii.).
^e f a i mre f tne attempt upon Port Royal gave rise
to fear of reprisals on the part of the French. Complaint
was lodged at home that the Colonists of New York, so far
from taking their share in the task of fighting the common
enemy, were actually trading with the Canadian and
Eastern Indians, and that the Governor of that Province
had refused to urge the Five Nations to take up arms
against the French. Once more a request was made to
England for assistance from the Navy in order to reduce
Port Royal (1511).
Dudley makes his defence in the case of the Charles galley
(511). In the same despatch he announces that Saco
Saco Fort. p ort ^ as k een abandoned in favour of a site lower down
the River. And once again he draws attention to the
Republican attitude of the Council and Assembly, who
*? e Ge ^ ral have pointedly refused to return thanks to the Queen
Assembly. J *<
for the gift of Her portrait, which had been set up in the
Council Chamber (p. 239).
A - Da ^ of Thanksgiving was observed for Marlborough's
Thanks- victories and a bountiful harvest, and a Day of Fasting
in the hopes of a remission of sins and the success of the
Port Royal adventure (525. iii., 1186.ix.).
A list of causes tried in 1706 and 1707 is indicated
(1186.iv.). A petition was proffered for the establishment
Chancery, of a Court of Chancery (215).
Newsletter ^ e Editor of the " Boston News-Letter " was taken
and the to task for representing that the Quakers at home had
unjustly complained against severe laws of the Province
penalising them " for their conscientious dissent from
the National way." Dudley, at the instance of the Council
of Trade, reprimanded the writer, and " required him
to tell his news without any reflection for the future."
There was no Law, he declared, which was grievous
to the Friends, saving the Military Laws (510, 510. i.,
ii., 511).
PREFACE. XXV
Col. Quary calls attention to the ruinous effect of the
Boston, war upon the trade of Boston, now reduced to a third
of what it had been, in spite of infringements of the Acts
of Trade and Navigation. The fishery and mercantile
marine of the Province was in a fair way to be ruined by
the French settlement at Port Royal " just under their
noses " (1273).
Although, as has already been pointed out, the manu-
facture of their own woollen goods by the planters was
discouraged so far as possible, the suggestion that the
importation of wool-combs into New England for the
purposes of that " growing, thriving trade " was illegal,
was not upheld (157, 232, 423).
B NavIi f ^ e ^ c t f or ^ e encoura g emen t f the production of Naval
stores. Stores had, however, begun to bear fruit. The attention
of the Colonists was being turned from the working up
of wool to the production of raw material (673). In the
autumn of 1706 the mast fleet sailed from Piscataqua
with 10,000 barrels of pitch and tar (550, 552, 552 .i., and
see supra}. In the following year the contract of
Mr. Collins for cutting masts for the Navy Board led to
some confusion with Mr. Bridger and Governor Dudley
(1186, etc).
Ad??o J* 1 New Hampshire an Act was at length passed for the
prevent better preservation of mast trees, and the Governor
trees, endeavoured, but in vain, to induce the Representatives
of the Massachusetts Bay to follow suit (1560).
Mr - Usher > tne Lt.-Governor, found his position
increasingly unpleasant. The Council of Trade warned
him that he ought to reside in the Province, in spite of
the slights which had driven him to retire to Boston (846).
Usher, not being able to obtain any grant towards his
expenses or salary, then applied to be relieved of his office.
At the same time he repeated a direct charge of embezzling
charges v. and misapplying the Revenue and of mutilating the
vaughau, Records against his enemies, Waldron and Vaughan (536,
\\ aldron,
etc. 1592, 1592.il.).
vtTcSn T his 8 reat indignation, this very Vaughan, this
appointed Republican who had urged that Usher's expenses in
visiting his Government should not be paid by the Province,
was, in his absence, appointed by the Representatives
XXVI
PREFACE.
Case of
Thomas
Allen.
Acts of
New
to go to England as their Agent. This was done with
Governor Dudley's assent and approval (1186, 1363,
1381). On his arrival at home, Vaughan laid before
the Secretary of State an account of the " poverty and
distressing circumstances of New England," with a request
for a man-of-war and arms and munitions to protect
New Hampshire (1514). The unsatisfactory state of the
currency, the large profits exacted by the English manu-
facturers and merchants, and the expenses of the war
were, indeed, as Usher explains, pressing heavily upon
the New England Colonies (1592).
The inheritance of the Law-suit of the Proprietor,
Samuel Allen, passed to his son, Thomas. In spite of the
Queen's commands and the Governor's endeavours in
accordance therewith, the New Hampshire Courts refused
to find a special verdict in the trials concerning the
property of the soil of the country. In 1708 the papers
in the case were sent home to be laid before H.M. in Council
on appeal (16, 204, 1186).
The Attorney General reported upon the Acts of New
Hampshire. Hampshire in use in 1703. He took exception to some
sixteen of them upon the various grounds of inexpediency,
unreasonableness, bad draughtsmanship, infringement of
the Queen's prerogative or the liberty of subject, excessive
severity of the penalties inflicted or inconsistency with
the English Law, etc. (369).
On the occasion of the Bill for raising 1,700/., the
Assembly of New York had claimed the sole right of
framing Money-bills, and had denied the Council's right
to amend them. This claim the Council of Trade flatly
disallowed (86).
No Assembly in the Plantations, so it was now plainly
d3msonhe state(i > ou g ht to pretend to all the privileges of the House
Assembly, of Commons, " which will be no more allowed them than
it would be to the Councils, if they should pretend to
all the priviledges of ye House of Lords here." Apart
from this, the Assembly was blamed for other irregularities
in the Bill for raising 1,700/., whereby the royal prerogative
was directly infringed. On the other hand, Cornbury
was instructed that the appointment of a Treasurer by
the Assembly in the case of extraordinary grants by
New York.
New York.
Council of
PREFACE. XXV11
them earmarked for particular purposes, was to be per-
mitted.
White* blaming the Assembly for what was amiss, the
Council of Trade did not refrain from a broad hint to
the Governor. They expressed the hope that no occasion
had been given for the Assembly's distrust of the Govern-
ment, and that " your Lordship has and will lay before
them an account of all monies raised by Acts of Assembly,
whenever they shall desire the same " (p. 45). If the
Assembly were satisfied that the money they voted was
rightly applied, they would be encouraged, it is suggested,
to ra ^ se f urt h er supplies for the defence of their country,
instead of making demands upon the Crown. For it was
thought reasonable that each Colony should themselves
make due provision for their own protection (86).
Corn bury was urged, therefore, to press the Assembly
to appropriate a fund for the purchase of arms, as was
done in other Plantations. Meantime he was warned
that his demands for further supplies of stores of war from
home would not be granted, until a full account was
received of those which had been sent in former years
(304, 438).
Something like a panic reigned in New York when
Ib id le>s ^ was rumoure d that Iberville, after his raid on the
Leeward Islands, intended to destroy that city on his
way home. It was remembered how, five years ago, he
had lain off Staten Island, and made himself familiar with
the soundings of the harbour. The Militia was called
out and concentrated about the city. The Fort received
some badly needed repairs, and some batteries were erected
with feverish haste in order to defend the place, which,
it was at last recognised, lay quite open to the attacks
of an enemy (pp. 246, 247).
vacating Jn 17Q7 ^ c ounc il o f Trade reviewed the question
confirmed. o { those extravagant grants of land made by Governor
Fletcher, and vacated under Lord Bellomont's administra-
tion. The Act, passed by Cornbury, repealing Bellomont's
Act of Repeal was then in turn annulled, and the original
Vacating Act confirmed (June, 1708), on the ground that
such exorbitant grants as those made by Fletcher were
highly prejudicial to the Province. A regrant of 2,000
xxviii PREFACE.
acres only was made to each grantee, under certain
conditions (1068.1., 1585, 1586).
Act con- At the beginning of the same year, the necessary recog-
Bayard andnizances having been entered into, the Act of 1704,
' declaring the illegality of the proceedings against
Col. Bayard and Alderman Hutchins, was at length con-
firmed, and that of 1705 was repealed (1175.1., 1264, 1265).
Pr m ate tc f A question of general interest to the Plantations was
raised by Combury with regard to the granting of letters
of administration and the probate of wills in England.
The problem ^ is stated (517), and the Attorney General's
opinion, afterwards issued as an instruction, appears
(842 ; cf. 646, 1593).
ingoidesby's The position of Col. Ingoldesby, as I^t.-Governor of
Commission N ew York and of New Jersey, having led to some friction,
his commission for the former office was revoked, which
was, indeed, stated to be one no longer needed (248, 256).
The immigration of a party of Protestant Refugees
Protestant f rom the Palatinate has been referred to above ( 1,
Refugees.
1506 etc.).
Vice-Admiral, Cornbury had occasion to complain
Admiralty. o f the conduct of Capt. Miles, who used his powers of
pressing seamen as a means of money-making, by disposing
of the men he pressed to merchantmen, for a considera-
tion (p. 245). Miles died shortly afterwards. A dispute
then arose between Cornbury and Capt. Fane, the former
claiming the right, as Vice-Admiral, of appointing Miles'
successor, until H.M. pleasure should be known, the latter
refusing to recognise Corhbury's jurisdiction, and insisting
upon the appointment of his own nominee (666, 666.1.-V.,
p. 246).
In this Fane was upheld by the Admiralty, who made
it clear that Cornbury had no manner of right to appoint
officers to ships. His doing so was, indeed, " such an
infringement of the known rights and authority of the
office of Admiral as cannot in the least degree be dispensed
with " (882).
^y C a nd~ In the beginning of 1706 Thomas Byerley, the Collector
Thomas at New York, complained that the Governor, by an Order
Byerley
in Council, had directed the costs of prosecutions, in cases
of seizures for irregular trade, to be paid, not out of the
PREFACE. xxix
gross sum forfeited, but out of the Queen's third when the
proceeds had been divided. The Governor's third was
thereby freed of costs (90 .i., 124). The Council of Trade
reported that this arrangement was scarcely desirable.
Byerley, whom Corn bury had suspended, was ordered
to be restored to his office by the Lord High Treasurer,
on the ground, amongst other reasons, that Cornbury
had exceeded his powers in suspending him without first
receiving instructions (304). Cornbury obeyed, so far as
restoring Byerley to his office was concerned. But Byerley
soon had occasion for further complaint. Lord Cornbury 's
nominee, Mr. Fauconnier, who had acted as Commissioner
during .his suspension, refused to restore the records of
his office, and the Governor continued to persecute him
\. X
c*Sbu f Cornbury, indeed, was treated with over-much patience.
But at length the scandal of his arbitrary and avaricious
conduct, and his neglect of public business save for his
own ends, was recognised as intolerable. The immediate
occasion of his recall, judging by the dates on which the
several complaints against him were received and read,
would appear to have been the serious charges contained
in the " Remonstrance " of the Assembly of New Jersey
(see infra}. This complaint from New Jersey arrived
very shortly after censure had been passed upon him
in reference to the case of Richard Budge.
case of the Cornbury's conduct in seizing and confiscating the
Hope. J 1
Hope in 1702, had been declared on appeal to be illegal
and arbitrary. A direct order from the Crown was issued,
bidding him to make restitution to the unhappy owner
and master, one Budge. This order Cornbury ignored.
In October, 1707, the Council of Trade asked for H.M.
censure upon his behaviour in this connection. The
judgment on the appeal was then once more ordered to
be put in execution (541, 1033.i., 1152.i., 1266).
New jersev. j n the beginning of 1706 the Council of Trade had
Council of . . - . _
Trade^to written to Lord Cornbury, delivering judgment upon
^ jr. the matters then in controversy in New Jersey (80).
Col. Morris was to be restored to the Council, on making
his submission to the Governor. It was left to the dis-
cretion of the Governor to get the qualification of electors
PREFACE.
and representatives altered, if need be. Cornbury was
commended for having maintained that the surrender of
the Government of New Jersey by the Proprietors had been
absolute. But, even apart from the restoration of
Col. Morris, he received a plain hint that his conduct
was not regarded with unmixed approval or confidence.
In reference to the complaints about the elections, he was
warned not to infringe the privileges of the Assembly.
He was advised to be careful not to grant commissions
to " mean and contemptible " persons. He was reminded
that he had sent home no transcripts of the Minutes of
the Council or Assembly. The Records relating to the
proprietorship of the soil were ordered -to be returned
to the custody of the Proprietors' Agents. And the
money voted by the Militia Bill, instead of being placed
at the discretion of the Governor, ought, so it was laid
down, to be paid only into the Receiver's hands, for pur-
poses which should be plainly specified in the Act (80,
WW; tf. 1325.iv.). He was recommended to urge upon
the Assembly the need of building some prisons, and was
informed as to the proper interpretations to be put upon
the clause in his Instructions as to the salaries of Members
of Council and Assembly.
On the whole, this despatch amounted to no less than
a severe reprimand in the guise of a warning. It had
little effect, however, upon the recipient's behaviour.
He replied in September (488). But when, after an
remons- adjournment in November, followed by a dissolution
trance . . *
against Lord (608), the Assembly met at Burlington in April, 1707,
Cornbuiy. \ - - , , , . , '
they refused to transact any of the business recommended
to them by the Governor, and proceeded to draw up a
statement of their grievances against him. They formu-
lated a long list of charges against his administration,
some more and some less serious and reasonable than
others. These they presented to him in the form of a
" Remonstrance." The authors of this Remonstrance
were Mr. Jennings, a Quaker who had resigned from the
Council in order to become Speaker of the Assembly,
and Lewis Morris, who had also become a Member of
the Assembly rather than make his submission to Corn-
bury and take his place again in the Council. The
PREFACE.
circumstances in which, according to Cornbury, the
Remonstrance was drawn up, are described by him (963).
It contained, amongst other complaints of more or less
importance, a direct accusation of bribery against the
Governor. He had, so it was alleged, received sums
raised in the Province in order to procure the dissolution
Ch aiSt * t ^ le ^ ret Assembly. The proceedings on this occasion
Cornbury. are too long and important to abstract here. The charges
were definite, and damning, if true. Cornbury could
do no less, and apparently he could do little more, than
profess indignation, and ride off on side issues (963, 963 .i.,
ii.). The peevish brain of Morris, and the forward,
grasping nature of the Quakers, he declared, were to blame.
No good Militia Act, for instance, could be hoped for,
so long as any Quakers were allowed to hold office or
serve in the Assembly, as witness Pennsylvania (pp. 449-
451). In this view he was supported by Col. Quary,
who usually echoed him. Here, he declares, as in New
York and Pennsylvania, they were determined to make
no laws save such as impair the Queen's prerogative and
suit their own humours, to grant no money in support of
the Government, and to pay no attention to the Laws of
England, save when it serves their turn, or unless their
Representatives be allowed to sit in the Parliament of
Great Britain (1016, 1213).
Cornbury put an end to the Session in May. When the
Representatives re-assembled in October at Amboy, he
found them no less determined than before to transact
no business and to grant no Revenue for the Government,
until their grievances against him had been fully answered
and redressed (1213, 1213.i.). Cornbury's reply was to
adjourn them for another six months. He .observes that
he has received no letter from the Commissioners of Trade
for a twelvemonth. Possibly this apparent absence of
control from home increased his sense of irresponsibility.
Before the Assembly met again, however, he forwarded
an address by the Lt. -Governor and Council in his favour
Corabu 0n ( 1329 - U 0- But > under almost the same date, Lewis Morris
despatched a remarkable indictment of Cornbury and all
his works, covering the protests of the Assembly, and
their direct appeal to the Crown against a corrupt and
xxx
PREPACK.
i/>veiace.
instruc-
degenerate Governor (1325, 1325.i.-vii.). There could
be no reply to such an indictment except the recall of
Recall of Cornburv. Lord Lovelace, his successor, had indeed
Cornbury J '
and appoint- already been appointed a couple of months after the
receipt of the Assembly's first Remonstrance, March,
^^ ( 913 ^ i4i7). Nearly a month later a letter was
despatched to him granting him " leave of absence for
some time upon his private affairs," nominally at humble
suit made in his behalf (1441). But a letter from the
Earl of Sunderland in June, announcing the appointment
of his successor, leaves no room for doubt that his recall
was in the nature of a disgrace, was definite, and was
made in the interest of his Province rather than of him-
self (1548, 1558).
Upon the appointment of Lord Lovelace to the Govern-
ments of New York and New Jersey, besides the usual
Instructions of Governors (1508. iii., 1509 .ii.), and the
new General Instructions relating to the Act of Union,
the new Acts concerning trade, etc. (1599 .ii.), and the
probate of wills, to which reference has been made above,
he was given other particular instructions by the Council
of Trade (1593). Amendments to some Acts of New
Jersey, including that for elections, were committed to
him to be laid before the Assembly (cf. 1325,iv.). The
objection, which had recently been raised to the Governor's
sending orders to one of the Provinces under his jurisdiction
whilst he himself was residing in another (1213), was
dismissed as "a very trifling and extravagant opinion,"
the analogy of the procedure of the Lords Lieutenants of
Ireland and the English counties being instanced.
Lord Cornbury's omission to send any Minutes of Council
or Assembly of either Province, or any accounts of
Revenue or shipping was ordered to be made good by the
new Governor. And an opinion was expressed upon
some of the matters in controversy between him and the
Assembly of New Jersey (1593). The Councillors Revell
and Leeds were displaced for their share in past " arbitrary
proceedings" (1508.i.).
Appointments to the Council, especially that of Peter
Sonmans, Agent for the Proprietors of the Eastern
_....' D .
Division, remained a subject of acute contention amongst
and the
Council.
PREFACE. XXxiii
the Proprietors throughout this stormy period (105, 608,
909, 1475, 1484, 1519, 1530, 1557).
? g c 5nst At the beginning of 1706 the Council of Trade made
proprietary their report upon the " misfeazances of the Proprietary
Colonies. , -.. .- , . ,, J
and Charter Colonies, once more urging that they should
be resumed to the Crown. The reasons for doing so,
and the charges against these Governments, have been
rendered familiar by the previous volumes of this Calendar
(18; cf. 1).
R REode f About the same time the Governor and Company of
island. Rhode Island were formulating a detailed reply to the
charges which had been exhibited against that Government
in the preceding year. The charges they denied, and
they appealed to their Charter. As to the Quota, they
declared that they were not legally obliged to furnish it,
nor was there any need for it (73). On the same day
as this reply was read, Sir Charles Hedges wrote to Dudley
giving a plain hint that, if the Quota continued to be
refused, a remedy would have to be applied by Parliament
(70). A few months later the Rhode Island Government
submitted an account of the steps they had taken to secure
themselves from invasion, of which apprehension arose
after the raid upon the Leeward Islands (490).
^ ne Quake 1 " 5 f Connecticut appealed against several
Laws, which, they said, were inconsistent with the Laws of
England and their Charter. In answer, the Agent stated
that there were not above seven of them in the Colony
(730, 790). This was shortly after the Boston News-Letter
had been rebuked for criticising their opposition to the
Act of Hereticks, etc. (85).
The th^ se f Upon the appeal of Sir H. Ashhurst, the sentence of
Mohicans, costs in the case of the Mohican Indians was reversed,
and a Commission of Review was granted for determining
their claim. No Commissioner was to have any interest
in the lands in dispute (368, 430). The new Commission
of Review consisted of Lord Cornbury and eleven
Councillors of New York (391, 392, 732, 733). Meantime,
Owaneco and the Mohicans had acknowledged the Queen's
favour by volunteering to fight against the Eastern Indians.
Governor Dudley accepted their offer, and thereby gave
offence to the Governor of Connecticut (p. 239).
wt. 4912. c c
XXXIV
PREFACE.
Illegal
Trade.
Pennsyl-
vania
Death of At the end of 1707 Governor Winthrop died, and
Governor r
winthrop. Mr. Saltonstall was chosen in his place (1213).
a ?cou?t s of Before Winthrop's death, Col. Quary had visited Con-
connecti- necticut. The Governor had begged him not to look
too narrowly into the mistakes of that Government. The
need for this caution was revealed upon an examination
of the Custom-house. There he found " nothing but
confusion and roguery." Everyone connived at illegal
trade, and the example was set by the Collector, " one
Mr. Withred, a Pillar of their Church, but a great Rogue."
Col. Quary made a clean sweep of the Collectors, and put
others in their places, but confessed that he had no hopes
of preventing illegal trade so long as the Government
remained in the same hands. And so with Rhode Island
(1273).
In Pennsylvania, as in New Jersey, Col. Quary saw
Quakers, signs unmistakable that Quaker principles were incon-
sistent with Government. The Assemblies in the Colonies,
which were influenced by their teaching, were, so he warned
the Council of Trade, increasingly determined to engross
all the powers of Government, judicial and executive,
in their own hands. They were equally ready to infringe
the Queen's Prerogative and to flout the rights and
authority of Proprietors, even of William Penn himself
(pp. 490, 639).
Currency Xhe Assembly of Pennsylvania demonstrated their
Proclama- ... ^.^
tion ignored. recalcitrant spirit in several ways. They retused to put
into operation H.M. Proclamation fixing the value of
foreign coin, until New York and other Provinces should
have led the way. In the meantime they passed an Act
of their own for regulating values (40, 40.iii.). Another
Act, which roused much indignation in Anglican circles,
was that for the qualification of officers. It provided a
remedy, by admitting affirmation, for cases when there
was no magistrate present in Court who would administer
an oath. For the administration of an oath to another
was as offensive to the Friends' consciences as taking one
themselves. The Bishop of I/ondon fulminated against
this Act as " a new instance of Mr. Pence insolence ....
for it seems to control H.M. former Instructions, and to
tell us no man shall take an oath where he governs " (415,
Act for
Qualifica-
tion of
Officers.
PREFACE. XXXV
415. i.)- The Attorney General, however, took the matter
more calmly. It was a provision reasonable enough in
a country where the greater part of the inhabitants were
Quakers (422). The case for and against the Law was
argued with spirit by Mr. Willcocks and Mr. Penn (569,
628, 1098, 1098.i., 1227).
Repealed. The Act was, in the end, repealed upon other grounds.
For, as the Attorney General had pointed out, this Law
allowed the deposition of a person sick or going out of
the Province to be taken and accepted as good evidence
a practice wholly contrary to English criminal law, and
seldom allowed even in civil cases (1247 .i., 1267).
u.- The Lieutenant Governor, John Evans, also found him-
Governor '
Evans, self exposed to what he describes as the " ill-grounded
fury of a people drunk with wide notions of privileges."
Like Col. Quary, he complains that the Assembly is
arrogating to itself " the most exorbitant authorities "
(1126, p. 490). The resentment of the country against
the Proprietor and his Deputy Governor had, at any rate,
reached a high pitch. The leader of the movement was the
notorious David Lloyd, now Speaker of the Assembly
(1126).
The Militia. Apart from the offence of having beaten " an ill-mannerly
Dutch Constable," the chief difference between the
Lieu tenant-Governor and the people was upon the funda-
mental question of the self-defence of the Province. Upon
the scare of a raid by D'Iberville's squadron, Evans gave
an alarm in Philadelphia, in order to test the strength of
the Militia. Three hundred men responded to the call,
" a poor number indeed in a place where are near as many
thousand men." Evans' endeavours to regulate the
ap^Snts Militia raised such a storm, that William Penn presently
thought fit to supersede him. His successor, it is to be
Governor.' noted, was a retired soldier Capt. Charles Gookin, " late
of Lieut.-General Erie's Regiment" (1495.i.). Penn
applied in due course for the Queen's approbation of his
toreS^ U h new Deputy. But before this necessary approbation
Declaration was forthcoming, he was compelled, very much against
ThreeLowerhis will, to renew his Declaration as to the Queen's
Counties. right to ^ ^^ j^^ Counties ( 1615) 1616> 1 60 0,
1601).
XXXvi PREFACE.
division of Pennsylvania and the Three L,ower
the Three Counties into two distinct Governments had now resulted
counties: in what Col. Quary calls a state of war. For by virtue of
"a state of a p ort at Newcastle, Evans and the Assembly had laid
war. } J
a heavy powder-tax upon the ships using the River. The
merchants and inhabitants of Pennsylvania refused to
submit to this imposition. Then the Fort fired upon
ships that tried to run the gauntlet. If they missed, they
chased the ships in boats. On one occasion the lyieut.-
Governor, in the ardour of the chase, pursued a vessel,
belonging to some of the chief Quakers in Philadelphia,
into New Jersey waters, until I^ord Cornbury brought
him to a stop. "It is impossible," says Quary, " to
represent the confusion that is between these two Govern-
ments on this occasion, Mr. Penn's authority fighting
against himself" (963, 1016).
Pen *' s . On February 5th, 1707, the Council of Trade and
surrender of
the Govern- Plantations reported to the Earl of Sunderland upon the
long-delayed surrender of his Proprietary Government by
William Penn. They fully recognised the great task
which he had accomplished, at great cost to himself, and
that there had not yet been time for him to reap the rewards
of his charge and labour. They advised that he should
be recompensed, but that his surrender should be " absolute
and unconditional, including a renunciation of all right,
claim, and pretension as well to the Government of Penn-
sylvania, as to that of New Castle and the two L,ower
Question of Bounties " (734. 745). In order to arrive, at some just
Compensa- ^ J J
tion. measure of compensation, the Council of Trade, to whom
the question had been referred, entered into further corres-
pondence with Penn. He displayed his usual restiveness
at their interrogations. But in the course of the argument
several interesting statistics emerge as to the growth of
the ex port and import trade of Pennsylvania (806, 855,
exports and 857 .i., 903, 914, 1026). In order to increase the exports,
imports. '
John Kebie he recommended the petition of John Keble for encourage-
h 'ment to develop " a noble staple, potash " (1502, 1503).
the r fSe a m - ^ e complaint of the Assembly of Virginia against
Col. Quary was answered by the Council of Trade in the
*^
beginning of 1706. They rebuked the malicious mis-
representations of Robert Beverly, and, at their instance,
PREFACE.
XXXV11
Trade,
Defence.
the new Governor, Nott, was directed to discourage similar
groundless complaints, " which tend only to the fomenting
divisions " (45 .i., 66).
Discontent in Virginia was probably accentuated by
the crisis in the tobacco trade, referred to in 1 . In
August, 1706, the greatest fleet " that ever went from
the tobacco Plantations " sailed for England, 300 strong
(p. 215). A glut of tobacco in the restricted market was
the result. Two years later the Governor had to report a
falling off in the crops (1573). The great fall in the prices
of tobacco, combined with the shortness of supplies of
clothing from home, had here, as elsewhere, turned the
Planters' attention to the growing of flax, cotton and wool
(149, 477, 537, 775, 1573).
Although the country was thrown into great consterna-
tion by the news of the French raid upon the Leeward
Islands, the Assembly could not be persuaded to under-
take any works of defence. In response to Nott's
exhortations, they petitioned for the application of the
whole of the Crown revenue from quit-rents to that pur-
pose (p. 206). Subsequently, the activity of privateers
off the Capes led to a further appeal for a " guardship of
good force" (1010, 1573).
A murder by Tuscoruro Indians is reported (1573).
Indians.
Grants of
Lands.
The recent Instructions for a new method of patenting
. ,. -
lands and for preventing grants of large tracts of lands
were not well received. Nor was the stopping of grants of
land on the South side of Blackwater Swamp more popular.
A petition was forwarded praying for a reversion to the
Actrepeaied. old scheme (149, 478. i., 484). An Act was passed which,
whilst restricting each grant to 4,000 acres, allowed one
person to have several patents. The result of th;s and
other provisions would be that the remainder of the
unoccupied land would fall into the hands of a few rich
men, without imposing on them any obligation to cultivate
and develop an adequate proportion of it, thus hindering
the healthy settlement of the Colony. For these reasons
it was repealed (149, 827). In relation to this subject, a
Hst f thC g fants f lands n thC S 0111 * 1 Side f Black-
water Swamp, put in by Col. Nicholson, supplies a
xxxviii PREFACE.
valuable record of Virginia land-holders at this period
(756).
Death of Governor Nott died of fever on August 23rd, 1706.
Nott. His administration, inspired by a conciliatory and impartial
temper, was said to have already gone far towards com-
posing the internal differences of the Province. " A
Gentleman of a very happy temper to cure our Divisions,"
so the President and Council framed his epitaph (476,
484, 722.1.). Nott was the first Governor to die in Virginia.
Doubts at once arose here, as formerly in Barbados and
New York, as to the powers of the President of the Council.
Government ^^ ^he notion that the Assembly was dissolved upon
by President Jf .
and Council, the death of a Governor cropped up here also. This
doubt was answered by the Council of Trade, who explained
that the continuity of the Assembly was derived, not from
the particular Commander-in-Chief, but from the Royal
Power, which persisted. It rested, therefore, with a Gover-
nor's successors in the Administration to decide whether it
was desirable to dissolve an Assembly, or not (484, 824).
Col. Hunter Seven months after Nott's death, Col. Robert Hunter
appointed.
was appointed to succeed him. He at once suggested
that his salary should be paid to him from the day of the
late Governor's death, after deducting the moiety allowed
to the President of the Council (849, 849 .1.). The Council
of Trade, however, pointed out that the rule that a
HIS salary. Governor's salary should not commence till his arrival
in his Government was probably intended to hasten his
departure thither. If it were relaxed, the consequences
would not be happy, " it being reasonable to think that
any Governor will be glad as long as he, can to avoid the
cover-noil ex P ence an( l charge of living there, if his salary shal run
on while he continues in England." This was, in fact, yet
one more move in the direction of that pernicious
system of absentee officers and deputies, against the growth
of which the Council of Trade had long struggled in vain
(1047 ; cf. 1). It was four months later almost exactly
a year after Col. Nott's death that Col. Hunter took
ship for Virginia only to be driven back to Torbay by
a gale (1096).
Re Ac? ue The Re venue Act of 1705 came in for much criticism.
One clause restricted the payment of Members of Council
PREFACE. XXxix
to those who had resided in the Colony for three years.
This was resented by Col. Quary, who regarded it as aimed
directly at him, besides being an infringement of the
Prerogative of the Queen to dispose of Crown revenues
as she thought best. A similar measure designed to
dock the Secretary's Office of the long-established per-
quisite of appointing County Court Clerks was complained
of by Mr. Jennings as being directed against himself for
having attended the Council of Trade and brought back
the amended Laws, including the Church Bill, which was
still distasteful to the Burgesses (483, 484, p. 204). We
may, however, see in these measures yet another symptom
of the growing desire in the Colonies for local control of
expenditure, and the reservation of Colonial appointments
* or ^ e c 01111 ^^- 00111 ( c f- 0- Another clause in the
ships. Revenue Act for readjusting the admeasurement of ships
with a view to taxation, led to a strong protest from
merchants and ship-owners, and to a good deal of corres-
pondence as to an equitable method of measuring tonnage
for Customs (917, 1059).
and v othe e r After consulting with the Law Officers of the Crown,
Acts the Council of Trade obtained the repeal of the Revenue
Act, mainly on the grounds that it taxed Virginia traders
and ship-owners of the United Kingdom more heavily
than Virginian owners, and also because, as Quary had
urged, it encroached upon the Royal Prerogative (1226,
1242, 1259, 1304, 1305, 1324.i.). Other Acts infringing
the Prerogative were repealed (824), and the Marriage Act
met with the disapproval of the Bishop of London (922,
949, 958). One Act was objected to by the Attorney
General as lacking in justice towards negro offenders
(951).
Governor's Progress was reported in the building of the Governor's
House (1573).
Boundaries Disputed boundaries had long been a cause of friction
aSdCa'rSa.between Virginia and Carolina. A fresh encroachment
by the latter gave ground for complaint by Virginia in
1706, the Surveyor of Carolina having proceeded on his
own account to draw the boundary line within the reputed
limits of Virginia (478, 555). The Council of Trade urged
the prompt settlement of this dispute, but the Assembly
xl PREFACE.
of Virginia waited for the expenses to be paid by the Crown
(824, 1573).
Troubles in These were troublous times for Maryland. Her export
trade was almost wholly confined to tobacco (1570), and
that market, as we have seen above ( 1), was severely
affected by the war, and the question of convoys and ship-
ping. There was no guardship to protect her coasts
and shipping, which were exposed to the depredations
of any rascally pirate or enterprising privateer. The
Province was deeply in debt ; the Plantations heavily
mortgaged. These factors tended to curtail the supply
of clothing from the manufacturers at home, and to send
up the price of manufactured commodities to an almost
intolerable figure (pp. 197, 472). Imports, Governor
Seymour declared, were practically confined to protested
Bills of Exchange ! And he advocated an Act of
Bankruptcy (1570). The Colonists were, therefore, forced
to turn to the cultivation and manufacture of woollen
and linen goods for themselves, which it was the whole
object of the Plantation theory to discourage (1113, 1570 ;
see 1).
D cSna d e for ^ e a ^ sence f a small currency in the country was
severely felt, and a petition was sent home for a supply
of c PP er coins ( 630 > 825 )- Meantime, Richard Clarke
and his confederates had endeavoured to satisfy this
want by issuing a whole series of counterfeit dollars and
pieces of eight (p. 471). These were the rebels who had
been concerned in a plot for a rising against the Govern-
ment, in concert with the Indians, and for burning
Annapolis and turning pirates. A worse crime is hardly
conceivable. But the Council of Trade would not for that
reason condone Governor Seymour's procedure in selling
two of the ringleaders, Benjamin Celie and Humphrey
Hernaman, to Barbados, " for the country's good." They
at once called for an explanation (84, 975). Seymour
replied that they had been sold into servitude for a period
of seven years, or until they should be reprieved. And
this had been done in accordance with an Act and a petition
of Assembly, in order to reimburse the Province for the
expense incurred by their trial, and to avoid putting into
execution sentences of death or prolonged imprisonment
PREFACE. Xli
(792). The Council of Trade, however, could not accept
this reason. Criminals, they stated, should be punished
according to Law ; and they knew of no Law which
authorized the sale of H.M. Christian subjects in the
Plantations, though criminals (1113). Celie and Hernainan
were then released and worked at their trades in Penn-
s yl vaiua (1570). Clarke himself, after escaping to
Carolina, which proved too hot for him, returned to
Maryland. There for a while he eluded arrest for some
time, posing as a Quaker. Repudiated by the Friends,
he was protected by his relatives, native-born sympathisers,
malcontents and bankrupts. He was taken at last, and
executed for high treason (1101, 1570, p. 469).
^ * s "* *ke supP 01 * which he received, according to
Seymour's own testimony, from " the count rie-born,"
that the chief interest of Richard Clarke and his rebellion
lies. Just as in Jamaica there was a strong feeling for
reserving Jamaica for the Creoles, so in Maryland the
Act of 1694 for the encouragement of learning, which reserved
offices of trust or profit to those who had resided at least
three years in the Province, pointed to a growing sense
of local patriotism in the native-born. But this point
of view, however admirable as one indication of genuine
and successful colonisation, was not yet fully justified
by the educational standard of the Colonists. The Act
deterred men of ability from coming from England " to
starve so long a terme," whilst the absence of any Grammar
School in the Province, in spite of the Act, left the natives
very ignorant and unfit for office (975).
offiow Probably, feeling on this subject was created and
accentuated by the growing abuse of Patent Offices and
their absentee holders (cf. 1). The Act for depriving
that absentee Patent Officer, Sir Thomas Laurence, of some
of the emoluments of his Secretaryship, may be regarded
as the outcome of such feeling. The details of the con-
troversy betwixt him and the Assembly, which had taken
away from his office the perquisite of granting Ordinary
Licences, are long and intricate, but not without signifi-
cance, if this be accepted as the key to the struggle.
Sir T. Laurence's rights were upheld at home (84, 731,
792.i., 1072, 1113, 1151 .i., 1269, 1280, 1570). Nor indeed
xlii PREFACE.
could it easily be maintained that the Act which deprived
him of his profits was just and equitable. Laurence then
petitioned for the recovery of arrears due to him (1292 .i.).
Act concern- f o rectify another grievance in connection with the
Baltimore's incompetent and indigent Deputy Surveyors appointed
by Lord Baltimore's Agents, an Act was passed, which
was intended to establish greater control over them (975).
The Lord Proprietor of course complained (1346, 1464).
But the Solicitor General bluntly declared that the
provisions of this Act might be of service to the public
and do a great deal of good (1522^.). In the case of
another Law, to enable Lord Baltimore's Agents to recover
arrears of rent y he observes that the makers of Laws in
the Colonies are the best judges of the conveniency of
their own Acts, although they might be open to objection
in England (1522/.).
zeal of the Owing to the connection with Lord Baltimore, the
Roman Catholic and Jacobite propaganda was particularly
active in Maryland, and called for repression.
Although Lord Baltimore had written to the leading
Jesuits calling upon them to moderate their zeal, further
news came to hand of their unabated energy in
proselytising and abusing the Government. Whereupon
the Assembly prepared a Bill " to curb their extravagancy "
(9, 10, 84, pp. 195, 196), and the Council of Trade made
enquiries as to whether it would be lawful to expel the
leading Jesuits from the Colony (783). At the same time,
Quakers, whilst orders were given that the Quakers should be made
to bear their share of the expense of defending the country,
the Governor was directed to take care that they should
be protected in case of distresses levied upon them.
En 1 Us th Law * n Maryland, as elsewhere, doubt prevailed as to
Plantations, whether English Laws were valid in the Colonies, unless
it were expressly stated that they applied to the Plantations.
The doubt involved a dilemma. If the Laws of England
were not to be regarded as generally in force, then, the
Statute books of the Colonies being as yet very incomplete,
many criminals would escape for want of a particular
Act, as, in Maryland, in the case of " conventicles, rape,
bigamy, Jesuits and other felons." If they were held
to be in force, then there was a danger of infringing the
PREFACE. xlili
Prerogative of the Crown, or of involving the Colonists
in awkward consequences, such as being haled to West-
minster on trivial occasions (p. 67). The Attorney
General's view, as regards the Common Law, is given
in a review of the Acts of the Leeward Islands (164). The
same O mcer reported upon the Acts of Maryland, passed
in 1704, 1705. He recommended the repeal of several,
on the grounds that they were unreasonable, ill-penned,
contrary to common justice, or repugnant to the Laws
of England (1117).
Another Law passed during this period was the long
delayed Act for Ports (470, 975).
In order to encourage the production of Naval Stores,
and at the same time to relieve the land exhausted by
tobacco crops, a Law was passed to make hemp and flax
currency, like tobacco, for part-payment of debts (470).
shipping Two Acts for regulating the size of hogsheads were
repealed, and Instructions given for the passing of a new
Act conformable to a Virginian Law now confirmed (1224 .i.,
1398, 1398.L, 1404.i., 1425, 1427, 1428).
The Census. j n ans wer to the enquiries of the Council of Trade,
a rough census of the inhabitants and the Militia was
returned. It showed that, since the Crown had resumed
the administration of the Province, the number of taxables
had increased by about 60 per cent. But economic
difficulties brought about by the war, and invidious legis-
lation had led to an exodus of the planters to the neigh-
Competition bouring Colonies. For North Carolina had passed an
of North . . .
Carolina and Act inviting debtors to settle there, under a guaranteed
exemption from paying their debts for five years. Needy
planters naturally welcomed such an extension of credit
by crossing the borders (1101, 1101.il., 1570, p. 472).
^^ Pennsylvania, by raising the value of the coinage
contrary to the Queen's Proclamation, and by encouraging
sailors and artificers to work within her boundaries, had
further contributed to drain Maryland of her proper
settlers (1570).
^ ne bounds f these two Provinces had long been in
dispute. Uncertainty rendered the ownership of estates
on the confines very precarious. The Assembly of
Maryland therefore petitioned the Queen that the
xliv PREFACE.
Proprietors should be compelled to settle their controversy
and define the boundaries forthwith (p. 470, No. lllS.i.).
waiiam fhe question was therefore re-opened, and Lord
Penn under .
restraint. Baltimore and Mr. Penn were called upon to submit their
evidence to the Council of Trade (1322 .i., 1352, 1354, 1367,
1369). Delay was caused by Penn " being under restraint "
(1419, 1421).
Ca lci? a Upon an Address of the House of Lords to the Queen,
repealed, issuing out of a petition by Joseph Boone and others
against two Acts of Carolina, for establishing religious worship
and for the better preservation of the Government, these
PII JJJ*J 1 e to Laws W ere repealed (158, and see House of Lords' Journal,
charter, xviii., pp. 150-3, and House of Lords MSS., vi.,pp. 406-8,
411). The passing of them, if they had indeed been
confirmed by the Lords Proprietors, was declared by the
Law Officers of the Crown to amount to so great an abuse
of the power granted them under their Charter as to
constitute good grounds for revoking it (328, 336. i., 367).
In the course of a discussion as to the best method of
Kl ^|^ a on procedure with a view to this end, Mr. Killigrew contri-
Products. buted a very interesting description of Carolina and its
products, amongst which he included peach-fed hams
(287 ; cf. 940). His scheme for raising a fund to buy out
the Proprietors of Carolina and the Bahamas was based
on a renewal of licences to Hackney Coachmen (449 .i.).
begun 8 P rocess was a t length begun in the form of Quo warranto
in 1707. But the Solicitor for the Treasurer had to report,
a year later, that he had been baulked by the Privilege of
Parliament enjoyed by the Defendants (1535).
entourage Meantime, another Act, the Act to encourage the settlement
of Carolina, so obnoxious to Maryland, had been repealed
(1448). The passing of this Law, with its inducement to
debtors to desert other plantations and settle in Carolina
under a guarantee of protection from their creditors for
five years, was represented by the Council of Trade as
yet another breach of trust, amounting to a forfeiture
of the Charter (1189, 1349). But the Lords Proprietors
disclaimed any responsibility for it. They had neither
seen nor sanctioned it (1448).
D wFth te Carolina was involved in yet another dispute with her
San 8 nei g nDOUrs - Virginia protested against her interference
Trade.
PREFACE. Xly
with the trade long carried on by Virginian traders with
the Western Indians, and seizure of their goods (1573).
F spanish nd The most interesting episode in the history of Carolina
raid on at this period was the gallant repulse of an enemy raid
Charlestown. -J , _-
upon Charlestown. Encouraged by the news that the
town had been much weakened by an outbreak of
pestilence, a combined force of French and Spaniards
from Havana and St. Augustine made an attempt upon
the place in August, 1706. Gallantly led by the aged
Governor, Sir Nathaniel Johnson, the Militia companies
proved equal to the occasion. Given an hour's time to
decide whether he would yield to a summons to surrender,
the Governor replied that he needed not a minute. Not
waiting to be attacked, the Colonists with their Indians
took the offensive, and put the enemy's landing-parties
to flight. Then, taking to their ships, they chased the
enemy fleet over the bar and out of sight. The same
evening a belated transport arrived. She was attacked
and made prisoner in the same vigorous fashion. In spite
of their courageous motto, the enemy showed little stomach
for fighting or desire to die " pour les deux Rois " (517.L,
526, 576).
Being at a loss how to deal with their some 250 prisoners,
prisoners, the Caroluians shipped them off to Virginia, in hopes of
getting them conveyed thence to England. But should
conveyance be lacking, the Master was instructed to
give them his ship and turn them loose on the sea. This
simple method of shifting the burden on to their neighbours'
shoulders, with the alternative of having a new privateer
off their coasts, was not unnaturally resented by the
Virginians (555, 755, 824).
3.
THE WEST INDIES.
The most im P rtant event connected with the West
on the Indies during this period was the French raid upon Nevis
islands, and St. Kitts. It naturally caused something of a panic
in Barbados. Attention was paid then to the long-
neglected entrenchments and redoubts, which, it was
xlvi PREFACE.
hoped, might atone for the increasing lack of men (245,
427). Little, however, was accomplished. In the
impoverished state of the Island, the Assembly soon
ceased to vote funds for fortifications, which, they held,
The 4j p.o. ought to be built out of a special grant from the 4 p.c.
duty (383, 482, 589, 613.L, 719.i., 961, 1090, 1099, 1256,
Defences. 1364). N O r was the Militia more efficient than the forts
(1131, 1364). A further alarm of invasion towards the
end of 1707, combined with the efforts of Governor Crowe,
produced some improvement (1176, 122 5ff., 1379.i.). The
Council of Trade urged the Governor to press the Assembly
to build magazines, complete Fort St. Anne's and to
maintain the matrosses. The sending of a regiment of
regular troops there, as desired, was, they hinted, to some
extent contingent upon the Colonists' own efforts towards
self-defence (613.i., 1316, 1566, 1578).
Governor L/illington's appeal was allowed and his fine remitted
at the Beginning of 1706 (36, 37). Complaints against
Sir B. Granville were reiterated, Lesley, Kirton and
Maxwell petitioning the House of Lords for redress
(11, 51, 351-3, 600, 618, 619, 623, 695). A few months
later he was recalled. He died on his way home. Mitford
Crowe was appointed in his stead (324, 500, 506.1., 580.i.,
682). He sailed at the end of January, 1707, with
instructions to remove those Members of Council who
were guilty of having promoted the Paper Act and of other
Paper Act misdemeanours (612, 693 .ii., 739). That disastrous Act
was repealed, its effects having been clearly set forth by
the merchants and others concerned (529, 540, 542 .i.,
545, 1256, 1257). The Governor was directed to procure
the passing of a new Act to indemnify those who held the
new paper (582).
This had already been attempted by Col. Sharpe, as
President of the Council. He had been one of the pro-
moters of the Paper Act. But as soon as he realised its
evil effects, he endeavoured to remedy it. A cabal was
at once formed against him in the Council and Assembly,
composed of those who stood to gain by the Act, and
Triennial headed by Col. Holder (632 .ii., 644). Meantime, at home,
repealed, petitions to the Queen and the House of Lords had flowed
in for the repeal of the Act by which the Assembly had
PREFACE. Xlvii
continued itself and, incidentally, those who had passed
the Paper Act, for two years. The Act was annulled
(567, 572-4, 598 .i., 599. iv., 624, 696). But before he was
aware of this, Sharpe dissolved the Assembly. Holder
and his supporters, Cleland and Colleton, did their utmost
to prevent this step, by absenting themselves from Council,
protesting, refusing to publish the writs, creating a riot
in Court, and attempting to overawe the Assembly (697,
697.iv., 752, 809, 830 .i., 900, 900 .i., 981. i., 1177).
CIe n in id ? ld ^ e P res *dent an d other Councillors thereupon suspended
suspended. Cleland and Holder. This action was upheld at home
amending ( 831 *> 836 > 836 > 948 > 9 ?4.i., 1006 > 10 ? 9 > 1080). The new
Paper Act. Assembly was inclined to continue rather than to amend
the Paper Act. This, however, they were at length induced
to do (752, 817, 961, 1056.i., 1064). They addressed
Crowe upon his arrival with a long list of grievances against
the recent administration (927, 961. i.; cf. 697.1., ii.,
restores 1090 .iv., v.). Unhappily, his first step was so to interpret
Holder, l&rd Sunderland's instructions as to restore Holder to
s g ends the Council (961, 1069, 1163), and the next, to suspend
Mines, Cox Cols. Sharpe, Cox, Milles, and A. Walker, as having been
and WAlkpr
promoters of the Paper Bill (1090.i., 1133, 1136). He
identified himself, in fact, with Col. Cleland and the party
which had done so much to disturb the Island and had
profited so largely by the pernicious Paper Act (740, 1145).
He was promptly rebuked by the Council of Trade (1163,
1167, 1482). But he rapidly multiplied his errors. Whilst
They are orders were being issued for the restoration of the four
restored. . .
Councillors (1290, 1303), he was busy revising the Com-
di Cr nses m i ss ^ on f Peace and dispensing on his own authority
Holder. Col. Holder from the effects of the Act for ascertaining
the payment of the Bills , etc., which would have had the
effect of making him disgorge some of his extravagant
gains as Manager of the Paper Bank (1092 .i., 1140.i.-iii.,
1156, 1176.i./., 1177 X 1308, 1316, 1355).
B credft s These, and similar proceedings, which cannot be referred
ruined, to at greater length here, plunged the Island into greater
distraction than ever. The credit of Barbados had been
shattered by the Paper Act, itself designed to remedy
the evil of the withdrawal of the currency, due to their
adoption of the Currency Proclamation whilst other
xlviii PREFACE.
Plantations ignored it (1131, 1141, 1256, 1257, 1364). An
Se ratesof attem P t ^Y the Assembly to pass an Act for raising the
currency, rates of foreign coins, led the Council of Trade to press
once more for an Act of Parliament to enforce the recent
Proclamation (961, 1157, 1167 ; cf. 1).
New A new Assembly at the beginning of 1708 consisted of
r ' practically the same Members as the old, and proceeded
on the same lines, pressing for the redress of the same
grievances, and tacking on to an Excise Bill a clause
imperfect appointing their own Agent (1131, 1364, 1482 .ii., x.). The
Council of Trade had occasion to complain that they
were left very much in the dark owing to the imperfect
Crowe sits state of the Minutes transmitted to them (1413). One
fudge 6 cause of complaint against Crowe was that he sat as sole
Judge; even in a cause concerning himself. Sunderland
had commended his proposal to do so, which the Council
of Trade had more wisely condemned (961, 1089, 1099,
1167, 1300).
The Cartel. ^ fr e Cartel arranged with the French at Martinique by
Col. Sharpe was the subject of some discussion, Governor
Crowe representing it as only serving to promote French
trade and spying, the Council of Trade commending its
use with caution (817, 961, 1006, 1131, 1176, 1316).
Gwernor's ^ ^ c ^ allowing the Governor house-rent was repealed
house-rent on the grounds that Pilgrim's House, already provided,
was a suitable residence (1372.i., 1375).
^ e course an d progress of the trade of Barbados with
England and the Plantations is indicated by returns (44 .i.,
1090 .xxi., 1591. v.).
Presentments of Grand Juries (1090.iv.-vi., 1591. ii., iv.)
Grand are of interest as showing to some extent the needs and
Junes. . v
feelings of the country.
offices 1 . Governor Crowe exposed himself to rebuke by
arrogating to himself the right of appointing the Naval
Officer a perquisite claimed by the Crown (1145, 1167,
1291. i., 1539, 1546).
St '^d ents ^ he appointment of a new Governor of Barbados gave
Dominica, occasion for further attention being paid to the Caribs
of St. Vincents and Dominica. Granville had already
been in negotiation with them (405). The British claims
were re-asserted, and endeavours made to counteract
PREFACE. Xlix
French influence amongst the Carib chiefs (502, 693. ii.,
1090, 1131, 1194, 1225.V1.).
Bahamas. ^ ie Bahamas lay practically derelict. Byrche, finding
but a cool welcome, had gone to Carolina (277. i.). Left
without a Governor or any organised force, the settlers
were exposed to savage raids by French and Spanish
marauders, against whom they scarce raised a finger in
self-defence (1116, 1119, 1422). A fresh account of the
raid of 1703 attributes its success in part to the hospitality
of Ellis Lightwood, who appears as a sort of Udaller of
the Isl ands (277). Upon a petition from the inhabitants
Address, presented by John Graves, the House of Lords addressed
the Queen, praying that the Bahamas should be resumed
to the Crown. The Lords Proprietors had by their neglect
clearly forfeited their rights (231. i., 277. ii., 327). Corres-
pondence ensued as to ways and means, and the cost of
resettling and fortifying these important Islands (264,
336.ii., 362, 393, 396, 449.i.). The problem merged into
that of Carolina (see 2), and, as in that case, was the
occasion of some interesting statistics as to the state and
products of the Islands (287, 1 128). The Lords Proprietors
appointed Robert Holden to be Governor in 1707 (939).
?Go S virnor fBut the Council of Trade, whilst offering no objection
to him, again and yet again recommended that the Crown,
in view of the neglected state of the Bahamas, should
resume the Islands, and in the meantime send over a
Governor of its own appointing (993 .i., 1155, 1424).
Bermuda the quarrel between the placeman, Jones,
nor Bennett and the Lieut.-Governor dragged its slow length along.
' Business in the Courts was at a standstill owing to the
refusal of the Judges and Council to allow Jones to act
as he claimed. The Council, Assembly and Judges sup-
ported Lieut.-Governor Bennett sturdily against Jones,
Starr and their clique, who hoped to get him removed
(1330). Jones, recalled to answer for his behaviour to
the Lieut.-Governor, countered with numerous charges
against him, including one, which if it had been true, might
have formed the basis of a story from Boccaccio (197, 371,
381, 424, 606, 785).
Further complaints were made by Matthew Newnam
and by the Rev. Robert Baron, to the latter of
Wt. 4912. C d
1 PREFACE.
whom Capt. Bennett replied effectively (1559, 1562,
The case of 1562 .ii.). The case of the prize Rose is of interest, as another
instance of the blackmailing tactics by some members of
the Royal Navy, referred to in 1 (1330, 1330 .viii.).
Trade of In the course of one of his despatches, Capt. Bennett
Bermuda. Describes the trade of Bermuda (1330). The Assembly
Ports, petitioned against the order as to ports, which, they
declared, would ruin the Island (761. i.).
Acts Several Acts were repealed (1351), after careful
consideration (996, 997, 1015.i.).
Jamaica: j^ j s frequently to be observed that the same political
Creolian J , ,
Party; ideas find expression in several Colonies at once. As
in Maryland and Virginia, for instance, there was a party
of the " country-born," so in Jamaica the Creoles were
now an important section of the community. Moreover,
the democratic doctrines of Sir Harry Vane, the Puritan
Idealist and late Governor of the Massachusetts Bay, had
spread to the Island, and had been adopted by the Creolian
party, who were opposed to English and Kingly Govern-
ment alike. Governor Handasyd, therefore, found himself
in constant antagonism with an Assembly in which the
majority held such views and endeavoured at once to
infringe the Royal Prerogative and to debar English-
men from holding office (616, 678, 793, 1423, 1423. i.,
1551).
Mon k e in |m s d * n or( ^ er to pass Bills after their own mind, they adopted
the device of " tacking " Bills on to such necessary Acts
as the new Quartering Act, whilst they insisted that this
was a Money Bill, in which the Council should not have
A?t u r e r peaied an y P art ( 297 > 503 > 678 > ?35, 793). The previous Act
re eated ^ or ^ uar ^ er ^ H S an ^ subsisting the officers and soldiers had
been repealed because it contained an unkind clause
forbidding any person to benefit by it who married an
inhabitant of the Island, and also because it disabled any
officer or soldier from holding any civil or Militia com-
mission in the Islands, and penalised any but natural-born
subjects of England, Ireland or the Plantations from
holding office, civil or military, except in the regular
forces. The re-enacting of a repealed Law was in itself
forbidden. But to reject the new Act would have been
to subject the unfortunate regular soldiers to even greater
PREFACE. li
hardships than they had already to bear. The Act was
therefore allowed to run on till it had nearly expired, before
being repealed. But meantime the Assembly was severely
rebuked by the Crown (319, 426, 433, 601, 793, 898, 968 .i.,
1076, 1219, 1237). A new Assembly passed a new Act
Defence, in accordance with H.M. Letter. They had ample reason
to be grateful to the soldiers, who, besides frequently
repelling enemy raids and preventing the kidnapping of
negroes, were also used to man the ships of Commodore
Wager, whose complements were sadly depleted by sick-
ness (678, 735, 868, 1180, 1339, 1577).
Throughout this period there were rumours of coming
attacks by the French. Martial Law was proclaimed,
and other preparations were made to give Monsieur a
warm reception should he come (116, 116. ii., 221, 319,
377, 385, 445, 458, 493, 1379.i.).
Trade. Pains were taken to foster the trade between Jamaica
and the Spanish coast (493, 926, 936, 1166, 1250), which
was, however, interfered with by certain privateers from
Jamaica itself (1073).
A Bill for quieting possessions and dealing with quit-
rents was rejected by Handasyd, upon grounds which
were approved of at home (554, 1339, 1423.H., iii., 1547,
1577). Great complaints were presently heard against
him on account of a campaign of escheats which he had
inaugurated. He issued a proclamation that holders of
lands without patents were to pay the quit-rents due and
would then have patents granted them ; if not, they
would be prosecuted, and the informer would be rewarded
with the escheated lands. There were nearly a million acres,
he said, not paying the quit-rents due, and H.M. Revenue
would benefit accordingly. But by thus hastily granting
escheats to informers he gravely exceeded his Instructions
and laid himself open to rebuke and suspicion (1307, 1390,
1429, 1435.L, 1436.i., 1454.i., 1513, 1545, 1551, 1551.ii.,
1581).
ibcrviiic's At the end of 1705 and the beginning of 1706 we learn
Raid on the
Leeward from various Governors in the West Indies that a strong
French squadron was expected at Martinique, whence
an attack on Jamaica or some other of the Islands was
expected (24, 44, 221). Other French ships and troops
Hi PREFACE.
made rendezvous at Tobago (116). Parke's proposal
to wipe out the French base by an expedition against
Martinique and Porto Rico was sound strategy, but could
not be put into execution at the moment (431, 474, 591,
733, 834, 994). What happened was something in the
nature of a surprise. It was supposed in England that
the French navy was sufficiently engaged nearer home
(278, 279). But at the beginning of February a con-
siderable force of French ships and men appeared off
Nevis. The forts and platforms erected by lyieut. -Governor
Johnson made a good defence, whilst troops and guard-
ships were hurried up from Antigua and Barbados to
defend the back of the Island. Failing to make a landing
here, the French threw the weight of their attack upon
St. Kitts. The inhabitants, ill-prepared for defence,
retreated to Brimstone Hill, whilst the French plundered
their mills and plantations, until, upon a sudden scare
of approaching English ships, they left hurriedly for
Martinique (152, 167 .ii., 168, 195 .i., 431. ii.).
Nevis at once petitioned for help from home, pointing
out that the regiment quartered there was very weak
and the arms supplied from the Tower had proved very
defective. Col. Parke's demand for a regiment had,
it will be remembered, been supported by the Board of
Trade (28, 167). In St. Kitts, where the people had
obstinately refused to believe in the possibility of an
attack or to prepare for it, until an hour before the French
arrived, trenches were now dug and court-martials held
upon delinquents (195, 195 .i., 281, 653).
This raid was conducted by the Comte de Chavagnac.
Upon the arrival of M. D'Iberville at Martinique a
fresh expedition sailed in March, consisting of some 50 sail,
including 12 men-of-war, as well as privateers and trans-
ports (244, 318). A surprise landing was made in Nevis at
Green Bay, taking the forts in the rear, thanks to the failure
of Col. Burt and Ivieut.-Col. Butler to make a fight of it.
The Englishmen retreated to their stronghold in the
mountains, the Deodand, where they might have made
a proper stand. But they surrendered almost without
a blow, upon terms which indicated Iberville's contempt
for their courage. The surrender, indeed, by all accounts,
PREFACE. liii
from that of the Paris Gazette to that of Col. Parke and
the inhabitants themselves, was a discreditable affair. If
the armed negroes succeeded in beating off the enemy,
their white masters might well have maintained themselves
for some time in the mountains (270, 274, 275, 282, 284,
318, 338, 357 .ii., 406, 431, 519, 653, 654, 1200).
Iberville, not content with an immense booty, behaved
is 'with barbarous ferocity and the most dishonourable
lack of good faith (357.ii.-ix.). Besides carrying off large
numbers of slaves and much shipping, Iberville extorted
from the inhabitants, by force majeure, an undertaking to
bring 1,400 negroes to Martinique in three months' time,
and took four hostages to ensure payment (357. vi., 385).
Nature of When the news reached London, Mr. Secretary Hedges
the Raid.
at once wrote to re-assure the Colonists and to promise
relief. The terms of the capitulation need not be observed.
They had been extorted by force, contrary to the Laws
of Nations, from a few persons who had no right to make
them, and after all the articles of the capitulation had
been barbarously violated by Iberville himself (398, 417,
591, 723). The British fleet would prevent a renewal of
the attack. So it proved. The French from Martinique
demanded the fulfilment of the terms. But for fear of
the English fleet and an expeditionary force they did
not come back to enforce them, any more than they could
carry out their projected attack upon Jamaica. Iberville's
expedition was, in fact, merely a raid undertaken with
the object of plundering and damaging his enemy, without
any hope of conquering the Leeward Islands (431. ii., 455,
560, 652, p. 329). In that object he had undoubtedly
succeeded, although some of the booty was recaptured
by Massachusetts privateers on the way back to
Martinique (445, 448, 452, 455, 526).
The damage inflicted was estimated at half a million
sterling. Nevis was reduced to the utmost misery and
Grant in aid disorder (455). In response to an appeal for help and
various remedial measures, and upon an address of the
House of Commons, a grant in aid was made and a Com-
mission sent out to distribute it (341, 342, 355, 804, 804.L,
1048, 1063). Some French ships recently captured off
the Irish coast were dispatched with provisions and stores
iy PREFACE.
Help from of war (417, 591). And before long Commodore Kerr,
MaTsac a hu- Commodore Wager and Sir John Jennings arrived with
setts Bay. help from the Navy (427, 606, 723, 776, 961, 973).' The
proceeds of a relief " brief " issued in Massachusetts Bay
were laid out in provisions for the relief of St. Kitts (526).
Subsequently, the Council of Trade urged once more the
despatch of good cruisers and more regular forces to guard
Defence, the Leeward Islands, as had been recommended continually
for the last ten years (499, 597, 1031. i., 1102, 1187, 1201,
1238, 1313). The soldiers already there had fared
wretchedly, partly through the neglect of their absentee-
officers, partly through the refusal of the Colonists to vote
them quarters. This, they now represented, they were quite
unable to do, and begged for the remission of the 4J p.c.
Nor did Col. Parke, on his arrival, find it easy to per-
suade the Colonists to continued and concentrated efforts
at self-defence. In Antigua he proceeded with the
fortification of Monk's Hill. In St. Kitts they worked
hard at the defences, though the blowing up of the
magazine on Brimstone Hill put them at a further dis-
advantage. At Nevis, the people waited for everything
to be done for them by the Crown (520, 560, 620, 653, 763,
764, 838, 973, 1146, 1148, 1187, 1201, 1251).
Pestilence succeeded the raid. And no sooner had
the Islands begun to recover from the devastating effects
Hurricane, of these disasters, than a terrible hurricane burst upon
them, destroying every green thing in its course, and
inflicting even greater damage than Iberville. Antigua
alone was reported to have suffered loss to the amount of
half a million (1132, 1200, 1293, p. 329). H.M.S. Winchelsea
and Child's Play were lost in the storm (1132, 1200).
Death of There are some hints as to collusion between I v ieut.-
johnson. Governor Johnson, and other leading men, and Iberville.
Into this and other matters Col. Parke was ordered to
inquire (472, 591). He gives what is probably an
exaggerated account of Col. Johnson's incompetence (653).
He criticised his strategy. But it is to be observed that
when there were rumours of a fresh attack, he copied
it, concentrating his troops, with himself at their head,
at Antigua, as being " the richest and most likely to be
attacked first " (763, 765).
PREFACE. Iv
At all events, Johnson's account was settled soon after-
wards by Mr. Pogson, one of the Council of St. Kitts.
For he was slain in a duel, which was little, if anything,
short * niurder. Pogson was acquitted by a jury com-
posed of Justices. But he fled the Islands in order to
avoid a further trial by Col. Parke. " A hangman," the
latter observes laconically, "is like to have but little
business in these Islands." The Attorney General pointed
out that a man could not be tried twice for his life on the
same count. Pogson was ordered to be turned out of
the Council and deprived of all public employment. In
spite of this, however, he was presently recommended
for the Council, on the grounds that "his misfortune of
killing a man may befall ye best of men " (491, 559, 559.1.,
ii., 653, 757, 833, 848.i., 862, 1465).
Parke and Upon his arrival Parke at once fell foul of Codrington,
"'whom he accused of thwarting him at every turn (473,
519, 712, 839, 1380, 1447.1.). His despatches are those of
a peevish and disappointed man (597, 1077). But in one
particular they are noteworthy. For he explains the
depopulation of the Islands as being largely due to the
o PP ress i n f the rich and absentee-landowners, who
bought up small estates and left them to be worked by
slaves under one white overseer. The rich planters them-
selves he represents as independent and lawless, com-
bining to oppress the poor and acquit each other in the
Courts. Every rich man, he declares, is a Bashaw, who
can commit even murder with impunity. In view of the
experiences of Codrington, the death of Johnson, and the
subsequent fate of Parke himself, these accusations cannot
be regarded as devoid of foundation (519, 559, 1168, p. 521).
Parke represents that his championship of justice cost
him his salary and house-rent, which was not paid him
(138).
r La aTed ^ e ^ ct f or estoblishing Courts was repealed, the Council
of Trade recommending the passing of a Law for the better
administration of justice (663, 1576). Several other Acts
were disallowed for reasons stated by the Attorney General
(302, 306, 307 ; cf. 1380). One of his objections to the
Militia Act. Militia Act is curious. A clause in it provided that a
soldier blaspheming a second time should be bored through
IVJ PREFACE.
the tongue. Seeing that these were the times when,
according to " my Uncle Toby," our army swore so terribly
in Flanders, it is not surprising that the Attorney General
viewed with alarm a punishment likely to incapacitate the
delinquents (164).
Trade. The Islands had been drained of cash by the action
of the recent Proclamation, and the need of money was
sorely felt (499, 710). Indications of the course of trade
Census. are given (171. vi., vii., 1184.1., 1590), and of the names
of numbers of the inhabitants (1383.ii., 1396.iv.-vii.).
parke's Parke had been ordered to reside at Nevis. But he
" preferred to establish himself at Antigua for six months
in the year (519, 741, 1178, 1272). He was soon at logger-
Antigua. h eac i s w ith the Assembly of that Island, of which he gives
an account (1383. i., ii., 1388).
Cap c'rSv ddS A curious information is laid, describing how members
of Capt. Kidd's crews were now settled in St. Thomas'
and the leeward Islands, and continued to carry on a
profitable trade in piratical and illegal goods (53).
House of The whole question of the French raids upon New-
Commons' ,. . 111 < it / 1
Enquiry foundland fishing stations and the decay 01 the fishery
NewSnd? was considered by the House of Commons (Journal, Feb. 12
land. and 16 ^ 1706 ) (32J.). upon an Address of the House,
orders were given, directed mainly towards obviating
the "uncertain and unseasonable sailing of convoys," to
which the decrease of the fishery and the consequent lack
of English seamen were largely due (41, 56, 104, 108, 115,
133, 716, 720, 721, 736, 743, 751, 1233, 1279, 1281, 1331).
Much evidence was given as to abuses and irregularity
in the trade and fishery. The project of establishing
a permanent civil government there was mooted, but
opposed. The need of a " minister not given to drink "
M^a was also insisted upon (101). The establishment of a
estabhshed.__ M . . . .
Militia was also urged and presently carried into enect
(101, 110, 155, 253, 254). Fishing Admirals were reminded
to keep records and to send copies of their journals to the
Privy Council (126). The Act to encourage trade to New-
foundland was to be more rigorously applied (726, 1353,
1463.i., 1468, 1488.1.).
Co a m mnst ts A Committee of the House was appointed to enquire
Lioyd and into the complaints against Capt. Moody and Major L,loyd
PREFACE. lyii
(50, 57, 65). The charges against the latter, of forcing
the soldiers under his command to trade with him, and
of mulcting them of their pay, could not be ignored. His
patron, Sir C. Hedges, wrote to caution him (114, 138,
216, 360). Evidence as to the embezzlement of stores
was, however, damaged by the ravages of the French and
by the loss of H.M.S. Loos off the Needles, with many
LOOS, documents relating to Newfoundland on board (4, 25. i.,
26/., 29, 52, 74).
inspection it wa s only after long insistence that the Council of
of Stores.
Trade secured that an inspection and return of Government
stores should be made by the Commodore, restored to the
position of C. in C. from which he had been unhappily
removed in favour of Lloyd (252, 254, 1362, 1377, 1393.i.,
1512. ii., iii.).
unfer- Capt. Underdown's reports are given (588.i., ii., 1211. i.).
down's Whilst in Newfoundland in the summer of 1707, he under-
His Raid took 3. successful raid upon the French harbours and
1 3rench. e fishing ships, in which Lloyd bore his share (1109, 1110).
The Council of Trade cleared Moody of some of the
charges against him. He seems to have been a brave
soldier in action, but something of a rascal in barracks
(52, 173/., 228).
piacentia. Placentia, it was again urged, must be wiped out (139).
But Major Lloyd did no more than view the place, declaring
that without the support of the inhabitants of St. John's
and without the forces he had been promised from home
he could not accomplish the task of taking the place (19,
419.i., 446.i., 533, 751). He showed some activity in
French checking French raids (453, 489, 1109). Before long,
however, serious complaints came to hand against
Major Lloyd, completely justifying the Council of Trade's
Further estimate of his character. He was said to be hiring
^fiojd. 8 ou t the soldiers, bullying and taxing civilians, and
entertaining the enemy at Fort St. John's, instead of
fighting him. Whilst these accusations were being
examined, a severe letter of reprimand in H.M. name was
despatched to call him to account (1286 .i., 1377, 1378,
1416, 1426.L, 1488.i., 1494, 1512.iii.).
Miscellanea. Some words used in an obsolete sense remain to
be noted. Hurry= disturbance [1560] ; amuzement=
Wt. 4912. C
Iviii PREFACE.
bewilderment, occurs frequently at this date ; workhouse =
factory, as opposed to its modern specialised sense (310).
A parson in Bermuda offended his parishioners by calling
them porgey-headed dogs, a term of abuse presumably
derived from porgy, the fish, which has a black head
(1562). The word " deodand " = a stronghold in the
mountains, recurs.
CECIL HEADLAM.
February, 1916.
COLONIAL PAPERS
mm.
[? 1706.] 1. Gentlemen residing in England, who have estates in
Barbadoes, to the Council of Trade and Plantations. Pray that
Kirton's petition may not have any influence with them to the
prejudice of the Governor, representing as it does "a very few
unquiet spirits that have but small estates, that will be content
with no Governor, unless they can prevail upon him to pursue their
measures, however injurious," etc. Signed, Paul Carrington,
Wm. Andrews, Charles Cox, John Walter, Rich. Bate, Saml.
Child, Phill. Scott, John Rollstone, Mel. Holder, John Hill,
Wm. Trent, J. Colleton, Robt. Davers, Jno. Bromley, Pat. Mein,
Richd. Scott, Wm. Estland, H. Bendyshe, Tho. Foulerton, Robt.
Chester, Timothy Salter, Hen. Evans. 3 pp. [C.O. 28, 38.
No. 42.]
Jan. 2. 2. J. Burchett to W. Popple, jr. H.M.S. Nonsuch is under
Admiralty orders to come to the Downes. Signed, J. Burchett. Endorsed,
Reed. Read Jan. 3, 170f. Addressed. p. [C.O. 5, 1049.
No. 2; and 6, 1120. p. 384.]
Jan. 2. 3. W. Popple to Mr. Burchett. Desires Capt. Bridge's reply
Whitehall, to enquiries concerning Newfoundland. [C.O. 195, 4. p. 63.]
Jan. 2. 4. Mr. Jackson, late Minister at Newfoundland, to the Council
star Inne, of Trade and Plantations. Prays to be heard on all matters
ment nU concernm 8 Newfoundland, to clear my reputation, etc. Prays
to be excused waiting on their Lordships in person, we being all
cast away in H.M.S. Faulkland's prize, and loosing almost all we
had and myself labouring under a great indisposition of body
then and ever since, etc. Signed, John Jackson. Endorsed,
Reed. Read Jan. 3, 1706. Addressed. Holograph. H pp.
[C.O. 194, 3. No. 91 ; and 195, 4. pp. 65, 66.]
Jan. 3. 5. W. Popple, jr., to Mr. Jackson. The Council of Trade and
Whitehall. Plantations are sorry for your ill state of health. Till you are
able to come abroad, they desire you would send in writing an
account of the trade and fishery of Newfoundland, etc. [C.O.
195, 4. p. 67.]
Jan. 3. 6. W. Popple, jr., to Sir Wm. Phiphard. The Council of
Whitehall. Trade and Plantations, being informed by Mr. Blathwayt that
you have received some accounts of this year's trade and fishery
Wt. 4912. H.T. Ltd. 375.
C 1
COLONIAL PAPERS
1706.
Jan. 3.
Whitehall.
Jan. 3.
Whitehall.
Jan. 3.
Whitehall.
Jan. 3.
St. James's.
Jan. 3.
St. James's.
Jan. 4.
Whitehall.
Jan. 7.
Cockpitt,
at Newfoundland, desire you would communicate them to
them. [(7.0. 195, 4. p. 64.]
7. W. Popple, jr., to Mr. Lowndes. Encloses bill, transmitted
by Governor Nicholson, July 25, for 501. usually paid out of the
Public Revenue to the Agent of the Virginia affairs for the Lord
High Treasurer's direction, Governor Nicholson not having
appointed any Agent since Mr. Thrale's death. [C.O. 5, 1361.
pp. 423, 424.]
8. W. Popple, jr., to Capt. Boys. You are to send the box
by post from the Downs (see Dec. 27, 1705). [C.O. 5, 1120.
p. 383.]
9. Council of Trade and Plantations to the Queen. Recom-
mend that the Act of Maryland suspending the Act to prevent
the growth of Popery [see Dec. 5 and 21, 1705] be continued
without limitation of time, etc. Set out, Acts of Privy Council, II.
pp. 497-499.] [C.O. 5, 726. pp. 354-357.]
10. Order of Queen in Council. Governor Seymour is to
represent to the Assembly of Maryland as preceding. Signed,
Edward Southwell. Endorsed, Reed. Read Jan. 9, 170f.
4 pp. [C.O. 5, 716. No. 3 ; and 5, 726. pp. 360-362.]
1 1 . Order of Queen in Council. Refer following to the Council
of Trade and Plantations to examine and report upon. Signed,
Edward Southwell. Endorsed, Reed, (from Mr. Lowther),
Read Nov. 11, 1706. 1J pp. Enclosed,
11. i. Col. Tobias Frere to the Queen. Councillor of Barbados
1687-1704, he withdrew from the sitting of Council
constituting a Court of Chancery when a cause between
himself and Win. Springham came on to be heard.
The Governor construed this withdrawal as voluntary
and malicious, and dismissed him, without alledging
any manner of misbehaviour on his part. Prays to
be reinstated. Copy. 2 pp.
11. ii. Certificates, signed by R. Grey and J. Kendall as to
Col. Frere's loyal service under their governments.
11. iii. iv. Similar certificates. 26 signatures. 2 pp. [C.O.
28, 9. Nos. 71, 71. i.-iv. ; and 29, 10. pp. 188-195.]
1 2. Council of Trade and Plantations to Mr. Secretary Hedges.
Recommend that Mr. Peregrine Browne have permission as de-
sired (see Dec. 19, 1705) ; provided he do not sail with the
Nicholson, from Maryland, before the convoy come thence, lest
he fall into the hands of the enemy and give notice of the Fleet,
and for that such anticipation is a discouragement to trade by
forestalling the market. [C.O. 5, 726. pp. 358, 359.]
13. Mr. Secretary Hedges to Governor Seymour. You are
to permit the Nicholson to sail without convoy any time after
AMERICA AND WEST INDIES.
Jan. 8.
Whitehall.
Jan. 8.
Admiralty
Office.
Jan. 10.
Whitehall.
1706.
the convoy now bound for Maryland has sailed thence. Signed,
C. Hedges. [C.O. 324, 30. p. 52.]
1 4. W. Popple, jr., to Mr. Burchett. The Council of Trade
and Plantations being prest for their report to the House of
Commons relating to Newfoundland desire you would move
H.R.H. Council that Commodore Bridge come to this Board
as soon as possible, with such papers as he may have in answer
to enquiries relating thereto. [C.O. 195, 4. p. 68.]
15. Mr. Burchett to Mr. Popple. Reply to preceding. Ca.pt.
Bridge is ordered to send his answer and to repair to town as
soon as the Court Marshall is over, which is to enquire into the
losse of the ship he commanded, etc. Signed, J. Burchett.
Endorsed, Reed. Read Jan. 9, 170g. Holograph. Addressed.
1 p. [C.O. 194, 3. No. 92 ; and 195, 4. pp. 69, 70.]
16. W. Popple, jr., to Mr. Attorney General. The Council
of Trade and Plantations return you the enclosed papers relating
to Mr. Allen, with a copy of his declaration in ejectment,
and desire your opinion whether it be fit for H.M. to grant his
petition, and whether H.M. by Order in Council may not prohibit
the tenants in possession from committing wast, pending the
suit, and untill the same shall be determined by H.M. in Council
upon his Appeal. [C.O. 5, 912. p. 70.]
[Jan.] 10. 17. Mr. Dummer to Mr. Popple. Gives sailings of the
London. Jamaica packet arrived Falmouth Jan. 6, 103 days out and
home. The Islands are indifferently healthfull. Nov. 29,
met with the Experiment and Terrible fireships, 7 leagues to
windward of Port Royall from Old England. One Coleby, a
commander of a tradeing sloop to the coast of Cartagena, mett
with a French privateer of 10 guns and 95 men, who [had] very much
annoyed our tradeing sloopes, and taken many of them on that
coast. Coleby had 8 guns and 40 men, being a bold man, resolved
to give the privateer occasion of fighting and lay by for him,
the privateer boarded him three times, and he as often cleared
himself of his enemy, when Coleby perceived his advantage,
boarded the privateer and take him, in this rancounter hee killed
the French 11 men and wounded 30 more, with loss only of 2 of
his own men. They have advice att Jamaica of the takeing
of Barcellona, and great life is conceived thereupon for trade
with New Spaine. Signed, E. Dummer. Endorsed, Reed.
Read Jan. 11, 170$. Addressed. Sealed. 1J pp. [C.O.
323, 6. No. 1.]
Jan. 10. 18. Council of Trade and Plantations to the Queen. In
Whitehall, reply to Order of Council Dec. 20, 1705, we humbly represent
that the Proprietary and Charter Colonies in generall have no
ways answered the chief design for which such large tracts of land
and such privileges and immunities were granted by the Crown.
They have not conformed themselves to the severall Acts of
COLONIAL PAPERS.
1706.
Parliament for regulating Trade and Navigation, to which they
ought to pay the same obedience and submit to the same restric-
tions as the other Plantations subject to your Majesty's immediate
Government, on the contrary, in Connecticut and Rhode Island
the Governours have not applyed for your Royall approbation, nor
have taken the oaths required by the Acts of Trade, as required
by the Act for preventing frauds, etc. They have assumed to
themselves a power of making laws contrary and repugnant to the
Laws of England and directly prejudicial to Legal Trade. Diverse
of them have denyed Appeals to your Majesty in Councill, by
which not only the inhabitants, but others your Majesty's
subjects are deprived of that benefit enjoyed in the Plantations
under your Majesty's immediate Government, and the parties
agrieved are left without remedy against the arbitrary and illegal
proceedings of their Courts. These Colonies are the refuge and
retreat of Pyrates and illegal traders, and the receptacle of goods
imported thither from foreign parts contrary to Law, in return
of which commodities, those of the growth of these Colonies
are, likewise contrary to Law, exported to foreign parts ; all
which is much encouraged by their not admitting Appeals. They
give protection to deserters and malefactors, etc. Repeat C.S.P., 1705,
No. 975.L, Article (3). These Independent Colonies do turn the
course of trade to the promoting and incouraging woollen and
other manufactures proper to England, instead of applying
their thoughts and endeavours to the production of such
commodities as are fit to be encouraged in those parts, according
to the true design and intention of such settlements. They do
not in general take due care for their own defence and security
against an enemy either in building forts or in providing their
inhabitants with sufficient arms and ammunition against an
attack, which is every day more and more to be apprehended,
considering how the French power increases in those parts ;
nor have some of them any regular Militia established amongst
them. These mischiefs chiefly arise from the ill use they make
of the powers intrusted to them by their Charters, and the
independency which they pretend to, presuming that each
Government is obliged only to defend itself, without any
consideration had of their neighbours, or of the general preserva-
tion of the whole. Upon this presumption they do refuse to
furnish their quota of assistance (during the war) to the other
Plantations under your Majesties immediate Government, not-
withstanding your Majesties repeated commands by your Royall
letters in this behalf. Under colour and pretence of their
Charters, several of them try robberies, murders and other crimes,
make Laws in capital matters, and punish with death, without
any legall authority for ye same. They have refused to submit
to your Majesty's and H.R.H. Commissions of Vice-Admiralty,
and for commanding their Militia, and have defeated the power
given to ye Governors of your Majesties neighbouring Colonies
therein. Many of the Proprietary and Charter Governments
have not complied with your Majesty's Proclamation for settling
the current rates of foreign coins [June 15, 1704], but the people
AMERICA AND WEST INDIES. 5
1706.
have proceeded to reduce the coin by clipping to a lower value
than before, which is allowed to pass at any rate, in order to
drain your Majesties other Plantations of their current money.
So that these your Majesties commands will by such means remain
ineffectual untill the severall Colonies in America be so regulated
as to be brought under the same direction and Government.
We lay before your Majesty some particular misfeazances.
(1) The Massachusetts Bay. Quote from Gov. Dudley's letter
July 25, '05, as to the Assembly's attitude towards dipped coin.
They have absolutely refused to comply with your Majesty's
directions to rebuild the fort at Pemaquid, contribute towards
that at Piscataqua, or to settle any fixed salary upon your
Majesty's Governour or Lt. Governour, but at the year's end
give them, as also to the Judges and other civil officers such
allowance as they pretend to judge they may have deserved,
which renders their support precarious and dependant on the
People. (2) Rhode Island. Quote from Gov. Dudley Nov. 3, '05.
If any of H.M. subjects, not being inhabitants of that Colony,
sue for a debt in their Courts, they can have no right done, if
the defendant be one of that Colony. Quote Gov. Dudley
July 25, '05, as to the refusal of the Government to recognise
his Commissions to command the Militia, etc. Quote Gov.
Dudley, March 10, '05, as to their granting a commission to John
Halsey, a privateer, etc., contrary to their Charter and H.M. Order
in Council Jan. 28, '04. The Quakers will not admit of
any persons of estates or abilities into any places of publick
trust. [Sept. 17, '02.] (3) Connecticutt. They try robberies etc.
and refuse to submit to H.M. and H.R.H. Commissions of Vice-
Admiralty and for commanding their Militia as preceding. Refuse
to allow appeals and give great discouragements and vexation
to those that demand the same. Quote their conduct to H.M.
Commissioners concerning the Mohegan Indians [Nov. 1, '05].
From the aforesaid irregular and illegal proceedings it will
be easily judged of what great benefit the re-uniting to the Crown
the Government of all these Colonies will necessarily be to your
Majesties other Dominions, by the removall of these inconveniences,
and by the uniformity and more due regulation of Trade, by
the good correspondency that may be established thereby
between your Majesty's severall Plantations, and by the
common and mutual defence of all, as well as by preventing
the great and frequent oppositions yt. are made to your Majesty's
Laws and Government, by which means your Majesties Empire
in America, which is of so great an extent, will be better secured
from the attempts of any enemy, and become in all respects of
greater advantage to this Kingdome, and to your Majesties
Revenue arising from those parts. P.8. As to the Bahama
Islands, which by their scituation are of very great consequence to
the trade of this Kingdom and safety of the navigation from
the West Indies, we have made no mention of them, for that the
Proprietors not having been able to defend those Islands, the
Spaniards about three years ago with a very small force [having]
destroyed and ravaged the said Islands and killed or carry'd
r COLONIAL PAPER$.
1706.
off all your Majesties subjects there, nor have the Proprietors
done anything for resettling the same. [(7.0. 5, 1291. pp. 238-
253.]
[Jan. 11.] 19. Mr. Roope to the Council of Trade and Plantations.
Recounts history of Newfoundland settlement and fishery. When
the French came to Plasentia, 1662, several English inhabitants
were there and were by ye French suffered to live and injoy
their religion until ye beginning of ye late warr, when ye
Governour ordered all that would not conform to ye Romish
way to leave, wch. some did, others did nott, there being
ye offspring of severall now there, and two of ye old men
yett alive ; they in few yeares increased theire fishery BO
as yt. they have in a manner destroyed ours, for there being
nott att present vent enough for more Newfoundland fish yn. wt.
about 35,000 men cann be imployed in, they, by haveing greate
large tracts of fishing ground and many harbours, fish butt few
shipps in a place, for they have about 90 leagues on ye east side
to ye N. of us, in wch. they have many good fishing harbours,
butt no inhabitants nor fortress ; on ye W. they have about
150 leagues on ye Island side, and a farr larger quantity on ye
maine, whereas wee now have nott passing 70 leagues in all,
and ye fish cometh wth. ym. in ye beginning of Aprill, and wth.
us nott before about ye middle of May, and they haveing for
ye most part beach on ye W. side to dry and cure theire fish on,
are ready to go to sea to fish in 4 or 5 dayes after their anivall,
whereas wee must be att least 3 or 4 weekes ere cann be ready
to fish, and on ye East side nor on ye N. part of ye west side,
they haveing no inhabitants nor by boats, so yt. wt. stages,
flakes, etc. that they leave, they are sure to find wn. arrive ye
next season, neither is any liquors etc. brought to debauch ye
fishermen, whereas wee have to our greate loss and detriment,
their fish being better cured, and commonly they take more
for a boate, they have allso very wholesome lawes, wch. make
all things goe easy. Soe that whereas formerly wee had about
600 sayle that did fish on ye banks and ashoare, and might have
about 30,000 men imployed, now that they have such quantity
and wee reduced to, in 1704, about 50 Europeans and 16 Americans,
arid, in 1705, about 40 Europeans and 20 Americans, most of the
Europeans that fished came from Portugall, for itt it is so late
every yeare ere ye convoy is appointed yt. ye best fishing season
is over before they cann arrive. Proposes yt. itt may be repre-
sented to H.M. in Councell ye necessity of ye convoy departing
before March 10. On Jan. 21, 170$, M. Subercasse surprised
ye harbour of St. John's, etc. For some little time gave no
quarter, butt soone contradicted yt. order ; all ye men, wch.
were about 220, were putt in ye church for a prison, wch. is an
open place, and itt being a bitter sharp frost and much snow often
falling, severall died of ye cold and severall had theire feet frozen.
Some few days after he sent some Indians to Torbay, who killed
2 men several hours after they had given ym. quarter, etc. etc.
[see C.S.P., 1705]. M. Subercasse sent about 230 prisoners
AMERICA AND WEST INDIES. 7
1706.
to Placentia, whom he forced to work in their fishery, and at the
end of the fishing season sent several! of ye youth to Canada,
some for France, and other some are still at Plasentia, who are
said to have entred in ye French service, all ye Irish are certainely
entred.
As to theire settlements, Plasentia is ye onely place yt. is
fortifyed, and nott so strong as reported, haveing in ye fortress
butt 120 soldiers, guns and 2 mortars, besides 300 Indians and
500 inhabitants of St. Peters (St. Pierre), Plasentia and Point
Verd. The constant inhabitants of Plasentia in summer are
about 200 men. Last summer there were 26 French ships, and
one Spanier, 210 boats kept there, 12 great ships of St Malo
fished att Pettit North, 10 ships att St. Peters, how many at
Cape Britton and Nova Scotia knowe nott, one att Petitt Martire,
and one att Petit Paradis ; for these 3 last yeares they have had
a small ship of 18 guns to attend ye garrison, butt was never
man'd in winter. Proposes that 4 light frigatts, 40 to 50 guns,
depart from England about Feb. 20 or sooner, and be ordered
to cruise, two on Bank Verd and two about Cape St. Mary's
and ye mouth of ye Bay of Argenton, until ye midle of June,
to take wt. ships they cann, and the latter from time to time to
goe up ye Bay of Argenton as high as Plasentia, goeing up on
ye N.W. side and in ye night strech over to Plasentia side and
runn downe in ye morning all along ye shoare, and take and
destroy wt. boats they cann, and all ye stages on ye Cape, etc.,
keeping ye men prisoners, and after ye cruice endeavour to
destroy St. Peters, etc., and then take a cruice on ye bankes,
and yt. ye convoys endeavour to take those att Petitt North.
Ye last season 24 of theire ships bound to Plasentia were
taken, 21 by ye Dutch and 3 by ye English and one banker.
Signed, John Roope, John Mouldin, a soldier carried from
St. Johns to Placentia and now sent to France, and Wm. Riots,
a smith, the same. Endorsed, Reed. Read Jan. 11, 170$.
Holograph. 6 pp. Enclosed,
19. i. Account of the Newfoundland Fishery in 1705. 12 fish-
ing ships from Portugall, 8 from England, burden about
2,400 tunn ; 20 sack ships ; 20 from America. Ship's
boats, 60 ; by-boats, 40 ; Buena Vista boats, 24 ; Trinity
Bay, 16 ; Conception Bay, 40 ; St. Johns and ye South-
ward, 80 ; Total, 260. Stages, 80. Had 78.000
quintals of fish and 455 tun of traine oyle. Inhabitants,
800 men, 130 women, 200 children. A great deal of fish
was spoyled by bad weather. In the Bays of Con-
sumption and Trinity and att Buena Vista, they were
so annoyed by ye Indians in ye fishing season yt. they
are allmost utterly ruined. At the latter end of ye
yeare they surprised and destroyed severail of ye
vessels that came to carry the fish to St. John's. 1 p.
19. ii. English settlements N. of Bona vista, are Keeles, Little
Barrow Harbour, Salvage, Green's Pond, Salmon Cove,
where is a noble salmon fishery. The people of
Buena Vista doe allso in M inter goe to ye North some
j COLONIAL PAPERS.
1706.
100 leagues to hunt and take good furr. $ p.
[C.O. 194, 3. Nos. 93, 93.i.ii. ; and 195, 4. pp.
73-85.]
[Jan. 11.] 20. T. Corbin to the Council of Trade and Plantations. From
the first settlement of H.M. Colony of Virginia, the Secretary
for the time being have always had the nomination, confirma-
tion, commissionating, removing and displacing the Clarks of
the several County Courts, with all fees and perquisites etc.
H.M. hath granted a Commission to Edmund Jennings for that
office in full and ample manner as any former Secretary ever
had and enjoyed. John Taylor, gentleman, was commissionated
and placed Clark of Charles Citty County, who in 1702 had leave
from the Governor and Council to go for England for the recovery
of his health, and admitted to recommend a fitt person to execute
the place during his absence, and to be restored at his return.
In 1703 the County of Charles Citty was by a law divided into
two Counties, one of which retains the name, the other is called
Prince George County ; on the division Col. Nicholson, their
Governor, claimed and insisted on, as a right, the lomination
of the Clark of the new County (called Prince George) md accord-
ingly nominated Richard Bland, gentleman. The late and
present Secretarys seldom disposing of any such place without
the Governor's knowledge or good liking, and being unwilling
to contest in whom the right of nomination in this particular
case lay, did commissionate Bland, being a person qualified
for the execution of that office, and the trustee of [Taylor had
liberty to continue in the Clark's place of Charles City County
some time. John Taylor was afterwards putt out of! that office,
hath now petitioned the present Governor to be restored, and
to have the choice of the Clark's place of the Counties so divided,
which H.E. hath thought fitt to lay before the Council. Who
are of opinion that the petitioner's case deserves a favourable
regard and ought in justice to have his choice of the Clerks' places.
Whereas Mr. Secretary Jennings dos not seem hi the least to
desire to intrench or claim anything that may not of right belong
to his Offices, or is not intended to be granted by the Letters
Pattent to him, and that he may do right in this particular and
other like cases, he humbly prays your Lordships' instruction
whether, considering that the said office is granted by Letters
Patents, under the Great Seal of England, to be esecuted by
him or his deputy or deputies for whom he is and will be answer-
able, that he may have all the rights, immunities, profit, fees
and nomination of Clarks be continued and asserted to him
without the Council mtermedling with the appointments of
said Clarks, who are the Secretary's Deputies in the several
Counties commissionated by him. If any otherwise then what
the said Secretary, or his predecessour hath practised! would be
the taking away the greatest part of the proffits of his office.
A determination having already been made in favour of the
Secretary of Maryland in the like case between Col. Copley and
Sir T. Lawrence. Signed, Thomas Corbin. Endowed, Reed.
AMERICA AND WEST INDIES.
1706.
Jan. 14.
Whitehall.
Jan. 14.
Whitehall.
Jan. 14.
Admiralty
Office.
Jan. 14.
Jamaica.
Read Jan. 11, 170f. 1 large p. [C.O. 5, 1315. No. 3; and
6, 1361. pp. 426-429.J
21. W. Popple, jr., to Lt. Moody. The Council of Trade
and Plantations desire you would let them have to-morrow
morning an account of the trade and fishery of Newfoundland.
[C.O. 195, 4. p. 86.]
22. Same to Mr. Burchett. The Council of Trade being
pressed to lay their report in a day or two at furthest before
the House of Commons, desire you to let me know whether you
have had any answer from Commodore Bridge, etc. [C.O. 195,
4. p. 87.]
23. Mr. Fawler to W. Popple, jr. Reply to preceding. A
messenger is sent this night to Deptford to order Capt. Bridges
to attend the Council of Trade and Plantations to-morrow.
J. Fawler. Endorsed, Reed. Read Jan. 15, 170$. 1 p.
[C.O. 194, 3. No. 94; and 195, 4. p. 100.]
24. Governor Handasyd to the Council of Trade and Planta-
tions. Acknowledges letters of Oct. 29, Nov. 1 and Aug. 30.
I have likewise received the enclosed scheam relating to the
packett boats, which I shall cause to be set up publickly at
Kingston and Spanish Town ; I presume to give your Lorpps.
my opinion therein, that the pacquet boats will certainly answer
the designe, in case there is not too great a quantity of merchants*
goods transported from England hence [? hither], and from
hence to England, which, as I am informed, is already practised.
If so they will be liable to be taken as well as any other vessell,
and by which means a great deal of plate and boullion, as well
as rich merchantable goods will fall into the enemies hands ;
I was informed the last packett boat took with her 30,0002. in
money and plate. I gave you an account in my last of the Act
[being] past for quartering the souldiers, and likewise of 5 other
Acts, which I s[ent] some time agoe ; but such tacking I never
have heard of in any Ass[em6/^], and to speak plain there is no
state to be made of their actions ; the [Quartering] Act is but
for 12 months, and that relating to Forreignors is for e[ver for]
which reason and many others I hope H.M. will not give it He[r
Royal] assent, but that it remain for 12 months till another Act
is mad[e for] the quartering my Regiment, which I am in hopes
I shall be able [to persuade] the Assembly to. Here are lately
brought in by H.M.S. Reserve and Bristoll 5 sail of French
merchant ships, taken off Cape Francoise laden with sugar.
The Deputy Secretary, Mr. Nicholls, died here some few days
agoe, and the Councill and I have appointed Mr. Alan Brodrick
to succeed him, who was formerly in that post, and is a very
ingenious man and ffit for it ; any agreement the pattentee
may make with him, I leave wholly to themselves. I have
received here by this packett boat 52 recruits with my Major,
a Lieut., Ensigiie and Serjeant, and part of my Regiment's
10 COLONIAL PAPERS.
1706.
cloathing. I have an account from Coll. Johnson of Antegua,
of advice Dec. 23, that the French at Martinico expect 30 sail
of French men of war there, and that two of them were already
arrived : I am of opinion it is only a French Gasconnade : but
if otherwise, I doubt not but care will be taken to send an English
fleet soon after them ; and your Lorpps. may be assured, if their
designe is against this Island, that I will to the last drop of my
blood faithfully endeavour to defend the honour of H.M. Crown
and dignity, and the interest of old England. Admiral Whetstone
has been sickly for some time, and I am apprehensive will hardly
recover his health in these parts : he writt me a letter three days
agoe of his designing to bring Capt. Bennett Allen to a trial for
his mismanagement with the two French ships, which I gave
you an account of in my last. The Island of late has been
attended with more than usuall [mortality, but now grows healthier.
Signed, Tho. Handasyd. Endorsed, Reed. 12th, Read April 15th,
1706. 2 pp. [0.0. 137, 7. No. 20; and 138, 11. pp. 444-
447 ; and (extract) 137, 45. No. 73.]
Jan. 14. 25. Sir C. Hedges to the Council of Trade and Plantations.
Cockpitt. Encloses following, for your observations thereupon, and what
you can propose to be done for the benefitt of that place. Signed,
C. Hedges. Endorsed, Reed. Read Jan. 15, 170f. 1 p.
Enclosed,
25. i. A relation of the most material occurrences at St. Johns
and parts adjacent during the administration of Lt. John
Moody, from Sept. 12, 1704 Oct., 1705. London,
Jan 8, 1705-6. Complains of the disaffection of
Lt. Latham and Mr. Roop. Mr. Latham was given
instructions for guarding the South Castle (quoted).
The inhabitants refused to keep watch in the harbour
as urged by Mr. Moody. Recounts in further detail
the French attempt on the Fort etc. Jan. 21, 170f.
Blames Lt. Latham for not having removed the barrels
of powder to the South Castle. Praises behaviour of
the soldiers. Estimate of damage done to St. John,
and the other harbours by the French 188,000/. sterl.
Accounts of ravages in other harbours. Lt. Latham's
insubordination continued (June). The enemy's raids
continued till Aug. (details). " The season being far
spent, the garrison weake, and little or no hopes of
any succors from England this year, Moody thought
himself bound to take some further measures for the
better security of the inhabitants, their effects and
provisions, and to preserve a communication between
the Fort and them. In order to which, he consulted
with Captains of the men of war, who readily sent him
300 seamen, who helped his soldiers to build a new
fortification and pahsadoed it all round. Several
masters of ships and some inhabitants lent their helping
hands, so that the work was finished before the arrival
of Major Lloyd. Relator also represented to Commodore
AMERICA AND WEST INDIES. 11
1700.
Bridge the bad condition of the garrison and that
Relator's commands were not obeyed ; he proposed
repairs for the fort etc., which were also finished. Oct.,
1705 Capt. Chamberlaine in the Litchfield prize and
Capt. Parting! on, in the Anglesea arrived with Major
Lloyd and a new company of foot to releive the garrison,
who with the Relator sailed on Nov. 21, 1705 with the
Commodore, on board H.M.S. Loo, which on Dec. 12
was cast away by the Needles and several seamen and
soldiers drowned. Relator got ashore with the loss
of all his effects and many of his papers, climbing up
the cliffs with ropes " etc. Signed, J. Moody. 27 large
closely written pp. [C.O. 194, 3. Nos. 95, 95.i. ; and
(without enclosure) 195, 4. p. 101.]
[Jan. 15.] 26. Mr. Roope to the Council of Trade and Plantations.
M. Subercasse's seizure of the harbour of St. John's, Jan. 21,
1704(5) was knowen by ye meanes of Archebald Taylour, a
soldier of ye garrison yt. about sunnryseing lowered ye litle draw-
bridge and went out with a botle of rumm to drink with some
of hib consorts, but wn. he came on ye uttmost pt. of ye glacis,
he saw ye enemy, who fyered on him. He allarmed the garrison.
About 5 or 6 of the enemy crep up to ye top of ye gassis, and
fired and killed one of our people, one of them was killed, the rest
retired. Our people cleared away the snow from the guns, and
yt. was all ye times yt. ye enimy was neare ye Fort. About
14 dayes after M. Subercass sent enclosed letter. The parlee
proposed was held for 4 dayes and then broak off. On ye 2nd
day M. Subercass forced me to write to Mr. Latham the enclosed
letter, which your Lordships were informed was treasonable.
M. Subercasse nott gaineing his point, haveing found 2 barrils
of powder, gott 2 sacre gunns on an hill about 300 yards from
ye South side Castle, begann to cannonade ye woodwoerk thereof,
and fiered on the first day about 50 shott, butt finding that he
did little or no dammage, after yt. they fired butt now and then,
and seeing ye sloop yt. he had ordered to come wth 200 shells
and an 11 inch mortar did nott appeare, nor theire fire-arrowes
yt. they threw into ye South side Castle did not take (for
they were nott well made) he prepared to goe offe, after haveing
destroyed about 40 tunn of ye timber of ye boome etc. One
Gouling, a missionary Jesuit, allways kept close to ye Indians
untill they came to Ferriland etc. 'Tis said that there was an
Order from the Court of France for ye expedition, for as soon
as ye Charente, a King's ship, arrived att Placentia, La Vespe
was with all possible speed fitted out for Quebeque and brought
back about 100 Indians and Canadiens etc. and plundered
Conception Bay etc. About ye beginning of July, there came
to Plasentia Bay about 150 Indians of another Nation, and
went immediately to disturb our fishery, and ye Governour
did declare yt. our fishery should allways be disturbed, and yt.
he expected a greater force, and yn. would again attempt
St. Johns. Signed, John Roope. 3$ pp. Enclosed,
12 COLONIAL PAPERS.
1706.
26. i. Mr. Roope to Robert Latham. St. John's, Feb. 4,
170f. Misfortune hath made me a prisoner of war.
The Governor of Plasentia was much enraged against
you because there were 3 musketts fired on his fflagg
of truce, butt I told him yt. itt must be donne without
your knoweledge. He declareth yt. he knew nothing
of ye burning of your house, butt to ye contrary, he
is for makeing good anything to an officer. There is
a treaty on foote between Mr. Moody and him, I think
itt is about a surrender ; he would nott att first heare
yt. you should be conserned in ye treaty, butt now is
satisfyed yt. you be. So desire you to take ye best
measures yt. yo cann think of etc. Signed, John Roope.
Endorsed, Reed. Read Jan. 15, 170f. Addressed
" au Commandant du Chateau " etc. Sealed. 1 p.
26. ii. M. Subercasse to the Commanding Officer in Fort
William, St. John's, Feb. 13, 170|. My intentions
were to possess myself of ye harbour of St. Johns and
of all ye other ports belonging to England, wch. by
God's assistance I have donne. etc. Am willing to
grant a reasonable capitulation etc. If you think of
entring into a treaty, I will send you any one of the
prisoners yt. you shall think fit to have with you, on
your parole to return him if we cannot agree, etc. Copy.
1 p.
26. iii. Same to same. Feb. 14. "According to your desire
I send Messrs Campbell and Pemberton, with whom
you may consult." Desires him not to insist to have
the Officer commanding the Castle on the South side
amongst those that are to treat with him, he having
fired on a flag of truce etc. Copy. 1 p. [C.O. 194, 3.
Nos. 96, 96.i.-iii. ; and 195, 4. pp. 88-99.]
Jan. 15. 27. Mr. Secretary Hedges to Governor Sir B. Granville.
Cockpit. In answer to yours of Oct. 22, H.M. gives you a latitude to act
for ye best of her service and ye advantage of her subjects, ye
poor prisoners at Martinique, in all you do for exchanging ye
French men who were condemned at Barbados some years since,
and for ye exchange of whom orders have been sent you, but
since ye Governor at Martinique trifles with you in pretending
to have ye French prisoners set at liberty, and seems to have
a reserve not only to capitulate for ye exchange of H.M. subjects,
but for damages to ye Fr. men so long detain'd, you are to use
great caution yt. you are not tricked in that matter, in case you
should set ye Fr. men at liberty as is demanded. It is not to
be disputed now whether the French were justly condemned
or not, the Court Martiall, who were competent judges, determined
that point, and tho H.M. thought fit to remit ye punishment,
that ought to be looked as an act of H.M. great goodness and
clemency, for there is no question but by ye laws of war they
ought to have dyed, and yt. penalty may still be executed
in justice, tho' H.M. will not have it done so long after ye fact
AMERICA AND WEST INDIES.
13
1 70(5.
Jan. 15.
Whitehall.
Jan. 16.
London.
committed. Signed, C. Hedges. Holograph. 1 pp. [C.O.
137, 51. No. 10 ; and 324, 30. pp. 57, 58.]
28. Council of Trade and Plantations to Mr. Secretary
Hedges. We have received inclosed Memorial. We have only
to add that the Leeward Inlands are very much exposed to the
insults of the French, not only from their Islands intermixed
with those of H.M., but in the passage of their fleets from Europe,
and that in the beginning of the last warr, the regiment com-
manded by the Duke of Bolton did consist as sent from hence
of 900 men, officers and servants included, which were afterwards
reduced to the number of 500 effective private soldiers, but in
what manner it shall please H.M. with regard to the other affairs
now to regulate the defence of these Islands is humbly submitted,
etc. Autograph signatures. 1 p. Enclosed,
28. i. Governor Parke to the Council of Trade and Plantations.
Repeats Memorial of May 31, 1704, and requests the
Board to lay the matter before the Queen in Council,
that something may be done before the convoy sails
on Feb. 10. Endorsed, Reed. Read Jan. 15, 170$.
1 p. [C.O. 152, 39. Nos. 107, 107.i. ; and 152, 6.
No. 32 ; and 153, 9. pp. 288-291.]
29. Mr. Jackson to the Council of Trade and Plantations.
Lt. Lloyd (1704) used for trade H.M. money, put into his hands
to pay the soldiers at Newfoundland, by falling the price of fish
with his ready money, and buying liquors at low rates, he forced
soldiers and inhabitants to buy of his sutlers at unreasonable
prices, so that they became debters and slaves the next fishery
season to him, for by his arbitrary power he would be paid first,
and sweep their rocks of fish, not allowing an equal dividend
to be made amongst the creditors. Quotes his barbarous treat-
ment of Adams. James Benger he imprisoned because he would
not pay a debt, etc. This was his frequent practice amongst
his debtors, that they would run from their flakes and business
as from an Indian, when they saw him coming, wch. he often
did with his sword and cane in hand, threatening, if not beating,
those he lighted on. When ships arrived first into the harbour
he would forestall the inhabitants, and set his own rates upon
goods. When Masters of ships came to demand payment there-
for, he hath cavil'd with some, beat others, as Capt. Hatch, Capt.
Davy, Capt. Pickering, etc., for demanding the reasonable rates
they sold to others. He compelled the inhabitants to testify to
his good behaviour. His return to the country this year was so
amazing to most, that notwithstanding all the asseverations
he made, many of the old sufficient traders and planters have
left the country and business for fear he should treat 'um as
formerly. He has declared that as it cost him dear to re-assume
the Government, so he is resolved to repay himself etc., and now
doth actually keep there Mr. Tarrant as his factor, etc. He
allowed the garrison to go to ruin, the soldiers undisciplined
and their sufferings intolerable. He took one Short's lawful
14
COLONIAL PAPERS.
1706.
wife into his own bed and gave her absolute power. He forced
the soldiers to hire and was a mere debauched libertine, not
only damn'd and cursed me, but prevented people from attending
service by his immodest revellings etc. The harbour was surprised
through the people following Roope's advice and not guarding
it as Lt. Moody urged them to do etc. Prays to know his accusers,
etc. Signed, John Jackson. Endorsed, Reed. Read Jan. 17,
170f . Addressed. 8 pp. [C.O. 194, 3. No. 98 ; and 195, 4.
pp. 130-143.]
Jan. 16. 30. Mr. Secretary Hedges to Governor Sir B. Granville.
Cockpitt. Francesco Pavia, with his wife and family, who [were] very
serviceable to the English in the expedition to Cadiz, where they
left all their effects, and came into England with the fleet,
intending to settle in Barbadoes, H.M. has not only bestowed
her royal bounty upon them to transport them thither, but also
recommended them to you, that you will give them all fitting
countenance and assistance, etc. Signed, C. Hedges. [C.O.
324, 30. p. 53.]
[Jan. 16.] 31. Mr. Roope's account of stores necessary for completing
the boom of St. Johns. Endorsed, Reed. Read Jan. 16, 170f.
| p. [C.O. 194, 3. No. 97 ; and 195, 4. p. 103.]
Jan. 16. 32. Council of Trade and Plantations to Mr. Sec. Hedges.
Whitehall. Enclose following, that you may receive H.M. leave for our
presenting the same to the House of Commons. Autograph
signatures. 1 p. Enclosed,
32. i. Council of Trade and Plantations to the House of
Commons. [See Dec. 21, 1705.] Quote Representation of
Feb. 170^, and reports subsequently received and
calendared supra concerning Newfoundland trade and
fishery, and the French there. " The English that
continue there yearly are dispers'd into about 30 greater
harbours besides coves and other fishing places above
80 leagues distant from North to South. The English
live there the whole year without any civill or military
Government in all the [enumerated] harbours and coves,
except St. Johns, where a Captain only his one [? own]
officers and soldiers ; and by reason of the distances
of the habitations from each other, and the inhabitants
being under no discipline, they will constantly be exposed
to the incursions of the enemy, who are under strict
discipline and rules of Government. . . . Our fishery
has not of late years been so considerable as formerly,
which may be imputed chiefly to the interruptions
and difficulties occasioned by the War, etc. The
inhabitants have not a due regard to the Act of Parlia-
ment, 1699, to encourage the trade to Newfoundland.
Quote instances from Commodore's Reports given supra.
For the preventing of which irregularities, we humbly
offer, that a power be given, by a clause in an Act that
AMERICA AND WEST INDIES. 15
1706.
shall be passed, to the Commanders of H.M. ships of
warr, and to the Admirals of each harbour in New-
foundland, to lay fines and penalities upon offenders,
not exceeding 51. sterl., and a power of confining such
offenders in case of non-payment, not exceeding 10 days ;
that the Commanders of H.M. ships of war may have
the power of a Custome-House Officer to search the
New England ships upon their coming, and to take an
account of the number of their seamen and passengers
and to take bond from each of the Masters, that they
shall not carry away a greater number of men than
they brought, which we hope would in a great measure
prevent the irregularities committed by the New England
traders. Repeat accounts of decrease of the fishery since
the coming of the French, 1657. We cannot but conclude
that whilst Placentia does remain in the hands of the
French, our fishery will be under continual discourage-
ments. This Report was delayed in hopes of the
attendance of Commodore Bridge, whose ship was
cast away, etc. [C.O. 196, 4. pp. 104-129 ; and
(without enclosure) 194, 22. No. 57.]
Jan. 17. 33. Mr. Secretary Hedges to Governor Handasyde.
Whitehall. Acknowledges letter of Nov. 20. I have laid before H.M. yr.
proposall for exchanging yr. men at ye expiration of 6 years, which
is approved, and if anything els could be proposed as an encourage-
ment for those men, it would have a gracious reception. I am
sorry ye Assembly has not answer'd yr. expectation in what you
have pressed so much for H.M. service ; their proceedings are
under consideration, and by my next you may hear of ye result ;
at present I can only assure you H.M. is well satisfyed in yr.
zeal for her service, and as a mark how much she depends on
yr. care and prudent conduct, I herewith send you H.M.
Instructions relating to an affair of ye greatest importance,
for H.M. doubts not but yr. prudence and experience will enable
you to put her commands in execution in ye best manner for
carrying on ye proposed service, and therefore has not only
given you a latitude as to ye time and manner of dispersing ye
papers, but relies very much on your advices and conduct in
the further carrying on of this design. You may observe ye
promises of assistance are upon notice given how far ye Spaniards
approve and are ready to co-operate with such forces as H.M.
shall send, and therefore I am to desire you will be as particular
and as timely in ye advices concerning all yt. is expected from
hence as is possible. The printed papers contain a full account
of our successes in old Spain, etc. I believe I need not trouble
you with any observations on the methods taken by ye French
for working themselves into ye Span. W. India trade, since
they can't escape yr. observation, but since it is of con-
sequence to have that design thoroughly insinuated to ye
Spaniards, and to make them sensible of ye practices and designs
of ye French for monopolising their trade, it cannot be amisse
16 COLONIAL PAPERS.
1706.
to repeat to you, by the enclosed paper, what occurs to me, tho'
it may be no news to you. The Queen having been informed
that Lt. Arbuthnett of Col. Livesay's Regiment in Jamaica
has been condemned to dye for mutiny, and that he is since
distracted, is pleased to pardon him, etc. Signed, C. Hedges.
2| pp. Enclosed,
33. i. H.M. Instructions for General Handasyde. St. James's,
Jan. 14, 170f. The Kingdom of Catalonia having
submitted to Charles III, and it appearing to us that
there is a very good disposition in Arragon and Valentia
to enter into the same measures, wee cannot but think
this juncture so very proper and favourable for inviting
and encouraging the Spaniards in the West Indies to
shake off the French servitude, and follow the example
of their friends in Old Spain, that it ought not to be
neglected, as being a matter of the greatest importance
to us and our allyes. In case therefore you shall find
any disposition in the Spaniards in America to declare
for King Charles III, you are, by all proper means,
to encourage them therein, giving them assurance
of assistance and protection upon the first notice that
can be sent of it to Europe, and for that purpose you
are to disperse the advertisement and declaration,
herewith sent you, upon the coast of Hispaniola, Cuba
and of the other Dominions of Spain in the Terra Firma,
or elsewhere, as you shall judge best for the publication
thereof, together with the letters of the King of Spain
and other papers that accompany it, which you are
to do at such time as you think most proper etc. And
you are particularly to assure them, that in case they
desire it, we shall be very ready, upon the first notice,
to send them assistance both by ships and land forces,
with armes and ammunition, and other necessaries
to be landed at such places, and employed in such manner
as may be of the greatest use for rescuing them from the
yoake of France, and restoring their trade to the ancient
Channel between Old and New Spain. You are also
to let such as are well disposed know that King Charles III,
their natural Sovereign, is taking measures for sending
with all expedition to the principall parts of the West
Indies succours of naturall Spaniards with Military and
Civil Officers for their assistance and the good govern-
ment of those parts in his own Royal name, and is
likewise providing for the Ecclesiastical Government
in the manner accustomed. You are, from time to
time, to give a particular account to one of our Principal
Secretaries of all you shall do in this matter, and what
progress you make, and how you find the Spaniards
disposed, and also whether they are willing to receive
any of our forces and joyn with them, and what assistance
they want, and what time and place they expect them.
Signed, A. R.
AMERICA AND WEST INDIES. 17
1706.
33. ii. An account of the French monopolizing the Spanish
West India Trade. It having been the chief aim of the
French in possessing themselves of Spain, to make
themselves masters of the West India trade, M. du
Casse, who haw lived about 30 years upon Hispaniola,
near the Spaniard*, and had used the profession of
buchaneering, became well Acquainted with the interests
and practices of the Spaniards in the West Indies,
and made himself first well known to the Court of France
upon the occasion of Pointy's expedition to Carthagena,
wherein they had great disputes about the plunder.
Soon after, the late King of Spa i no dying, Du Casse
persuaded the King of France to take to himself the
direction of the Assiento, or farme of the negroes,
that is so absolutely necessary for the trade and
subsistence of the Spanish West Indies, which was
thereupon divided into 3 shares, one to the King of
France, one to King Philip, and the other third to
Du Casse and his associates, French and Spaniards.
By this contract the French have liberty to carry negroes
to the Spanish West Indies in their own ships, and
with all sorts of provisions and other necessaries for
their trade, and also to bring back in the same ships
directly to France, all sorts of Spanish effects, gold
and silver, cochenil etc., as the price of their negroes,
and under that pretence everything they can purchase
or gett credit for, which never having been before allowed
of to any forreign Nation, nor to the Spaniards them-
selves otherwise than in the Flota and Galeons with
some inconsiderable exception, the Galeons and Flota
are become almost useless, or are at least made so by
the French, who choose rather to bring home the
Treasure of the Indies in their own men of war and
merchant ships, than to entrust it to the Spanish fleets,
which are not only apt by the formality and stated
times of their sailing to fall into our hands, but being
obliged to come to Cales, or at least to be subject to
the orders of the Contratation house, or Councill of
Merchants at Seville, for a proper distribution of the
effects to all the parts of Spain, the French cannot
divert them so conveniently to their own profitt and
purposes, nor furnish the Indies so well with their own
native commodities as directly from France, which
is the occasion, that all possible means are used by
the French, and M. du Casse in particular, to hinder
the going out of the Galeons and Flotta, as it is now
said the Spanish Court has been perswaded at present
to putt a stop to them for this year, which being on
the one hand very injurious to the Spaniards, as well
in Spain as in their American Dominions, and very
advantageous to the French, there is no doubt but this
prohibition will cause very great discontents (more
Wt. 4912. C 2
18 COLONIAL PAPERS.
1706.
than any other thing can do) in Spam, as also in the
Spanish West Indies, so on the other hand it will be
very proper to make this design and contrivance of
the French well known and understood in the Indies,
to provoke them to a revolt, to which they are otherwise
sufficiently inclined, since by such embargo the inhabitants
of those parts must be reduced to the greatest necessities
by the want of means of subsistence, as well as of a
vent of the produce of their labours and estates, unless
they will submitt to be further imposed upon in the
prizes of all sorts of goods and effects by this Monopoly
of the French, instead of their former correspondencies
and dealings with their own factors and countrymen
of Old Spain. [C.O. 324, 30. pp. 54-60 ; and (with-
out enclosure ii.) 137, 51. Nos. 9, 9. i.ii.]
Jan. 17. 34. Council of Trade and Plantations to the Queen. We
Whitehall, have considered a collection of the Laws of Pennsylvania passed
by Mr. Penn there in 1700 and 1701. We concur with the objections
of the Attorney General to several [quoted. SeeC.S.P., 1704, 2Vb. 604].
We have likewise examined all the other Laws aforementioned
with relation to the good Government of that Province and the
due regulation of trade, and do find divers reasons for your
Majesties disallowing and repealing several (annexed. See C.S.P.,
1705, No. 1278.L). As to the others, we have no objections, so that
in case your Majesty do not see cause within 6 months from
their being now delivered to your Majesties Privy Councill to
repeal any of them, they will remain in full force pursuant to the
Charter of Propriety. Annexed,
34. i. List of the Laws of Pennsylvania, 1700 and 1701. See
C.S.P., 1704, No. 604, and Acts. [C.O. 5, 1291. pp. 254-
295.]
Jan. 18. 35. Sir T. Laurence to the Council of Trade and Plantations.
The Law lately passed in Maryland for taking away the benefit
of the ordinary licences from the Secretary is in a particular
manner intituled a petitionary Law humbly offered to H.M.
for her assent. The Secretary prays that directions may go to
the Governor that the profits arising may be kept in bank till
H.M. pleasure be known. Mr. Wm. Bladen is Clark of the
Council and Clerk of the Council in Assembly, for which he is
allowed 12,000$. tobacco for each etc. He keeps those offices
distinct from the Secretary's Office, but hath formerly and now
lately charged ye Secretary for copies of Journals of Councils
in Assembly sent to this Board, under pretence that one Journal
of Council in each Assembly is delivered into the Secretary's
Office to be kept a.mong the Records of that office. The Secretary
prays that Mr. Bladen, who hath the sole advantage, may be
obliged to deliver to him or his Deputy the copies and duplicates
of such Journals of Council in Assembly as are to be examin'd
by him and to be sent by him to this Board, and that it may
be declared to be his duty so to do. Signed, Tho. Laurence.
AMERICA AND WEST INDIES. 19
1706.
Endorsed, Reed. Read Jan. 18, 170$. Holograph. 1 p.
[C.O. 5, 716. No. 5 ; and 5, 726. pp. 363-365.]
Jan. 18. 36. Order of Queen in Council. The Appeal of George
St. James's. Lillington (Dec. 13, 1705) is admitted etc. See Acte of Privy
Council, II. p. 493. Signed, John Povey. Endorsed, Reed. Read
Feb. 12, 170$. 2 pp. [C.O. 28, 9. No. 33 ; and 29, 10. pp.
32, 33.]
Jan. 18. 37. Order of Queen in Council. The fine of 2,OOOJ. is to be
St. James's, repaid to Mr. Lillington, until his appeal be determined. Signed
and endorsed as preceding. 1 J pp. [C.O. 28, 9. No. 34 ; and
29, 10. pp. 34, 35.]
Jan. 18. 38. Mr. Jackson to Sir C. Hedges. Duplicate of No. 29. [C.O.
194, 22. No. 58.]
Jan. 19. 39. Lt. Moody to the Council of Trade and Plantations.
Answer to Major Lloyd, Nov. 21, 1705. He alleges there were 29
men wanting in the Company. There were but 23 as appears by
the muster-roll. The provisions belonging to them will not near
make up those supplied to the inhabitants and deserters during
the siege, for which I demanded payment, but received none.
I hope the sufferings of the soldiers will indeed be inquired into.
Neither I nor they have received either cloaths or one farthing
subsistence since Mr. Lloyd's suspension. Mr. Huxford, the
storekeeper, is accountable for the stores. Signed, J. Moody.
Endorsed, Reed. Read Jan. 21, 170$. 1 large p. [C.O. 194, 3.
No. 99 ; and 195, 4. pp. 152-155.]
Jan. 19. 40. Lt. Governor Evans to the Council of Trade and Planta-
Philadia. in tions. Refers to letter of Nov. 9, 1705. The annual Assembly of this
Ponaylvania! Province has a few days agoe ended their first sessions, having
' first agreed to a considerable number of Acts, partly such as were
excepted against by the Attor. Genii., and the rest such new
ones as the country seem'd to stand in need of. Copies shall
be sent as soon as transcribed. Of these, two have given me
the greatest concern. (1) An Act directing the qualifications
of officers etc. Att my arrival in this Province I found H.M.
Order of Council as to officers taking oath* or the affirmation
[quoted. See C. S. P. 1703. No. 219]. To this a due obedience
was generally paid thro' out the Govermt., and has been so ever
since. But there arose upon it one difficulty which made many
of the people very uneasy, wch. was that tho' the Quakers were
by the sd. Order allowed to be in office, yett seeing they cannot
administer an oath with any more ffreedom than they can take
one, so in such cases where a Magistrate is not present that can
administer one, (as in cases cognizable before one Justice
only etc.), it must often happen that it would inevitably occasion
a failure of Justice if nothing but a direct oath should be allow'd
to passe. Refers to Minutes of Council and Address of Assembly
enclosed. As her sacred Majesties Orders shall alwayes with
20 COLONIAL PAPERS.
1706.
me have the uttmost force and efficacy of a Law, so I proceeded
with the greatest tendernesse and caution upon it, But finding
the Country would by no means be satisfied or the Assembly
depart, or at least agree to anything of what importance soever
unlesse they could have that piece of regard shewn to the
exigencies of their circumstances, which they said so loudly call'd
for it, and which could scarce by any be interpreted to interfere
or clash with H.M. Order when reasonably expounded. I
prevail'd with them, however, to allow a sufficient time in the
Act before it should be in force to know H.M. pleasure therein
that notwithstanding the Bill had the sanction off an Act here,
yett nothing should be done by it till such time as H.M., if found
repugnan[] to Her Royal pleasure, might lay her commands
upon me etc., for the Act takes not place till Sept. 20, 1706, which
I told them was the uttmost and last point I could possibly strain
to. What in no small measure prevail'd on me to agree to this
Bill so far as I have done was, that it does really very much
exceed what could be expected from an Assembly of this Province
at this time on this Head, for oaths according to ye Queen's
Order are therein allow'd (as far as these people can expresse
themselves upon that point) to all such as are willing to take
them, if there be any magistrate present that can administer
them, as in ye Courts of Justice there will or may be always such,
but in case of private Magistrates it may sometimes be otherwise,
and where an oath cannot be taken, (that is where a propper
officer is not present to administer one), there the affirmation
according to the Law of England must, which by all mankind
that consider it, is judged to be very obligatory and binding
and very sollemn. The only difference, then, between H.M.
Order and this Act consists in that difficulty wch. I have mentioned
before. Notwithstanding it's very probable that some here may
raise objections, wch. if they do will be no more than is too common
in these parts, from some or other upon everything that passes.
I have used ye most tender regard possible to H.M. Order,
and because this seem'd not fully in all points to come up to
the sd. Order, therefore I endeavour'd intirely to divert it etc.
Prays for directions. (2) For the second [Act] about the money,
it is with no small regrett I have observ'd H.M. Proclamation
so little complied with, but it was impossible for me to force
it while the Govmts. arround us take no notice of it, N. York
being of so much more note and more immediately having the
happiness of being under H.M. Directions than the adjacent
Colonies will always serve for a precedent in such cases, and
their example very much lead their neighbours. All I can say
to this Act is, that the People very much press'd for a better
Regulation, and yett till N. York and others began, could not
be induc'd to fall in with ye Proclamation. Observing this,
I was of opinion that such an Act as this, reducing all weights
to one certain common value, would the most of anything facilitate
ye practise of H.M. Proclamation, whenever orders should come
(upon ye present generall neglect) more effectually to putt it in
force thro'out ye Continent. And therefore I agreed that such
AMERICA AND WEST INDIES. 21
1706.
a Bill should be drawn up and pass'd, which because it is of such
general use I caus'd to be printed etc. In accordance with H.M.
Proclamation, signified in a letter sign'd William Popple, jr.,
I have caused a Thanksgiving to be duely solemnised ; tho' I
was att a losse to know by whose Order it was sent, that being
not mentioned in the least, and the Gentleman a stranger intirely.
In cases of this nature, a Govmt. would act upon sure grounds,
etc. etc. Signed, John Evans. Endorsed, Reed. 15th, Read
June 17th, 1706. 8 pp. Enclosed,
40. i. Representatives of the Province of Pennsylvania to
Lt. Governor Evans, in favour of the Bill relating to
oaths, referred to in preceding, llth 11 mo. 170. Signed,
Jos. Growdon, Speaker. Endorsed as preceding. Ij pp.
40. ii. Minutes of Council and Assembly of Pennsylvania
upon a Conference concerning the Bill relating to oaths.
Signed, James Logan, Sec. Same endorsement. 6 pp.
40. iii. Printed copy of Act of Pennsylvania proportioning
the rates of money. 1 p.
40. iv. Copy of an Act of Pennsylvania, directing the qualifica-
tions of att Magistrates and Officers and the manner of
giving evidence. Endorsed as above. 3} pp. [C.O. 5,
1263. Nos. 114, 114.i.-iv. ; and (without enclosures') 5,
1291. pp. 399-407.]
[Jan. 21.] 41. Merchants of Bideford trading to Newfoundland, to
the Council of Trade and Plantations. For many years past
petitioners have sent 40 to 50 ships a fishing voyage to Feryland.
The French and Indians have no less than three times the last
year destroyed all they could not carry away from thence. Pray
that a fort may be erected there and a man of war be sent to
Milford by Feb. 20 to convoy their fleet and protect them till
the fort be finished. 13 signatures. Endorsed, Reed. Read
Jan. 21, 170$. 1 p. [C.O. 194, 3. No. 100; and 195, 4.
pp. 156-159.]
Jan. 21. 42. Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. We have received a Memorial from Lt. Moody (Jan. 14),
wherein he sets forth the faithfull services of the soldiers lately
returned from Newfoundland, and their sufferings. And they
being at present at Portsmouth, wee do propose that Sir John
Gibson, Lt. Governour of that Garrison, may have directions
to examine them touching proceedings there ; and also to give
his opinion on preceding memorial, he having formerly commanded
in Newfoundland. [C.O. 195, 4. pp. 159, 160.]
Jan. 21. 43. Mr. Secretary Hedges to the Council of Trade and
Cockpitt. Plantations. Refers back the Address of the Assembly of Virgin i;> ,
complaining against Col Qunry. You are to report how you
find the fact, and what may be fit for H.M. to do in it. Signed,
C. Hedges. Endorsed, Reed. Read Jan. 22, 170f. 1 p.
[C.O. 5, 1315. No. 4 ; and 5, 1361. p. 430.]
22 COLONIAL PAPERS.
1706.
Jan. 22. 44. Governor Sir B. Granville to the Council of Trade and
Barbados. Plantations. This pacquet boat brings me no commands etc.
Encloses Minutes of Council, Acts and Naval Officers' Accounts.
We have here a very strong report of a considerable French
squadron expected dayly at Martinique, it is to consist, they say,
of upwards of 30 men of war, some fireships and bomb vessels.
Signed, Be vill Granville. Endorsed, Reed. 12th, Read April 15th,
1706. Holograph. 1 p. Enclosed,
44. i. List of ships entered and cleared at Barbados, June 25
Sept. 24, 1705. For England 28 ; for the Plantations, 38.
Sept. 25-Dec. 24. For England 1, for the Plantations
56. Cargoes of sugar, rum, mellossoes, cotton, lime-
juice, ginger, alloes. Same endorsement. 2 pp. [(7.0. 28, 9.
Nos. 37, 37.i.,ii. ; and 29, 10. pp. 42-45 ; and (extract
from letter) 28, 38. No. 43.]
Jan. 23. 45. Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. Enclose following to be laid before H.M. Annexed,
45. i. Council of Trade and Plantations to the Queen. Upon
examination of the Address of the Assembly of Virginia
[No. 43] we find the same is chiefly intended to lay
before your Majesty a complaint against Col. Quary,
as if he had insinuated to us that nothing less than your
Majesty's displeasure backed with an armed force would
be sufficient to restrain your subjects in that Province
in their duty to your Majesty. The said Address was
occasioned by a letter writ by Mr. Robert Beverly,
an inhabitant of Virginia then in England to the
Assembly of that Colony, in which he incloses copies
of letters pretending that they were writ by Quary
to us, upon which the Assembly proceeded to make
the said Address without hearing Col. Quary, he being
then imployed in your Majesty's service at New York,
and having no opportunity of justifying himself at the
drawing up the said Address. We never did receive
any letter from Col. Quary, containing such words
or expressions as are recited in the Address, and upon
perusal of the Address we do not find that the words
or expressions alledged against Quary, if they had been
used by him, can by any fair construction bear such a
meaning or interpretation as the Assembly of Virginia
put upon them. We further humbly represent, that
what hath been done herein by Beverly tends to the
fomenting of divisions and jealousies amongst your
Majesties subjects in Virginia and may be prejudicial
to your Majesties service by the malicious aspersions
cast on the chief officer of your Majesty's Customs and
a member of your Council there, and we are humbly
of opinion that letters be writ to your Majesty's Governor
of Virginia, directing him to lay this matter before
the Assembly, that it may appear to them that the
said Address was made upon a misrepresentation by
AMERICA AND WEST INDIES.
23
171 Mi.
Jan. 23.
Jan. 24.
Whitehall.
Jan. 24.
Cookpitt.
/an. 24.
Jan. 25.
Whitehall.
Jan. 25.
Beverly, and that the reputation of Col. Quary may be
vindicated. Autograph signatures. 3 pp. [C.O. 5, 1341.
No. I ; and 5, 1361. pp. 430-433.]
46. Mr. Thurston to W. Popple. Encloses following to be
laid before the Board. Signed, J. Thurston. Endorsed, Reed.
Read Jan. 25, 170f. 1 p. Enclosed,
46. i. List of necessaries, pay and clothing for the soldiers
at Newfoundland, 1706. 1 p. [C.O. 194, 3. Nos.
101, 101.1. ; and 195, 4. pp. 161, 162.]
47. Council of Trade and Plantations to the Queen.
Summarize report of Commissioners on the complaint of the
Mohegans. Col. Dudley deckling his doubts whether the
Government [of Connecticut] will comply with their sentence,
we humbly offer that your Majesty by your Order in Council
signify your approbation of the same, that all persons whom
it may concern may render all due obedience thereunto. [C.O.
5, 912. pp. 111-113.]
48. Mr. Sec. Hedges to the Council of Trade and Plantations.
Reply to No. 42. I desire you will lett me know the particular
heads you would have the soldiers examined upon, that I may
send directions accordingly. Signed, C. Hedges. Endorsed,
Reed. Read Jan. 25, 170g. 1 p. [C.O. 194, 3. No. 103;
and 195, 4. p. 169.]
49. Lt. Moody to Wm. Popple. Encloses following to
to be laid before the Board. Signed, J. Moody. Endorsed,
Reed. Read Jan. 25, 170f. i p. Enclosed,
49. i. Certificate by officers and soldiers of Lt. Moody 's
Company, testifying to his bravery and good discipline, etc.
Mr. Latham was disobedient and did not set a good
example to the garrison of St. John's. Portsmouth,
Jan. 3. 3i pp. [C.O. 194, 3. Nos. 102, 102.1. ; and
195, 4. pp. 163-168.]
50. Council of Trade and Plantations to Mr. Sec. Hedges.
Reply to No. 48. We desire that the soldiers be examined upon
the following queries : (1) How many were in garrison when
Capt. Lloyd came from Newfoundland. (2) How many
immediately before his return. (3) How many arrived with
him. (4) How many of those men now at Portsmouth were
officers during the seige, and returned by Capt. Lloyd as private
soldiers. (5) Whether any of them, during his command, and
how many, were forced out of the fishery. (6) What advantage
accrued to him by it, and how much to them. Sir John Gibson
may ask them such other questions as he may judge proper.
[C.O. 195, 4. pp. 170, 171.]
61 . Order of the House of Lords, that the Council of Trade
and Plantations produce documents, concerning following
24 COLONIAL PAPERS.
1706.
petition, enumerated, House of Lords MSS. VI. pp. 371-373.
Endorsed, Reed. Read Jan. 28, 170f. 3 pp. Enclosed,
51. i. John Lesley, Thomas Maxwell and John |Cirton to
the House of Lords. Their grievances against Governor
Sir B. Granville are increased. Pray to be heard before
their Lordships. Copy. 2 pp. Set out, House of
Lords MSS. VI. pp. 363, 364.
61. ii. Particulars of the grievances mentioned in preceding.
Signed, Jno. Kirton. 11 J pp. Set out, House of Lords
MSS. VI. pp. 367-371. [C.O. 28, 9. #0$. 29, 29.i., ii. ;
and (without enclosure i) 29, 10. pp. 1-6.]
Jan. 26. 52. Mr. Thurston to Mr. Popple. Major Lloyd demands
about 70J. out of the growing off-reckonings of the Company
at Newfoundland, to re-imburse him what he alledges to have
layd out upon the men he took over with him from the Lord
Paston's Regiment, when, for the cloaths and accoutrements
he had along with 'em thence, the officers of that Regiment are
found to ask no less than 274Z. 10s. from the same fund. As the
case thus stands, it is impossible to find out any man that will
undertake the cloathing that is proposed to be now sent, for
that by so great an anticipation, such new cloathing cannot
begin to be payd for almost 2 years. Signed, J. Thurston.
Endorsed, Reed. Read Jan. 28, 170|. Holograph. 2 pp.
Enclosed,
52. i. Account of the cloathing of the Company at St. Johns.
A full cloathing one year, and small necessaries the next
has been the method observed all along until the la-st
year, when, instead of a full cloathing, they had oily
1 surtout, 1 pair of shoes, 1 pair of stockings, 1 shirt
and 1 neckcloth, occasioned cheifly by the Comptrollers
of the Army allowing 92Z. out of that year's off -reckonings
for satisfying part of the demand of Capt. Lloyd, Ac.
1 p. [C.O. 194, 3. Nos. 107, 107.L ; and 195, 4.
180-183.]
Jan. 27. 53. R. Oglethorp to Mr. Secretary Hedges. An account
Caroliner. o f persons trading with pirates. Peeter Smith in St. Thomas',
ye greatest mearchant there, and being a Deane [=Dane]
sworne did trade with Capt. Kidd. Smith supplies the Frencl
at Martinicoe all this warr ; they likewise doe at St. Thomas
harbour all piratts, and some that are noated, Dudley Rayner,
one of Kidd's men, Jeffrey Edwards, Edward Woodman, etc.
Itt is not a plaice to be suffered, for any piratt for a smale matter
of money may bee naterlised Deane, then they may trade amongst
ye French and Spanyard all this warr, which they dayly carry
news and stores. In these parts this is a pretection, being sworn
Deanes. Capt. Tempest Rogers, yt. maid yt. grate voyage with
Capt. Kidd a trayding yt. kept him in St. Thomas, and he was
a sworne Deane, and since dyed amongst ye French a trayding
with them and ye said Smith, as all that he left in his hands,
which is considerable. There is one Jno. King att St. Christopher
AMERICA AND WEST INDIES. 25
1706.
vt. as gott a grate estate by traveling with piratte, and stands
indebted to Rogers on his books. Capt. Rogers his Doctor
lives att St. Christophers, which can give a true account of ye
hole viage. Capt. George Leonard, Governour of Anguila, trayded
with Rogers and lay att anchor aboute 20 dayes, and he knowing
ye goods he bought to be some of Capt. Kidd's. Capt. Kidd's
boate was ashore att Anguila and Kidd lay att anchor thaire
aboute fower houere. Leonard stands indebted to Rogers
300 ps. of eiaght. Capt. Charles Collihorne, that lives att Antigua,
went to Crab Island and traded with Rogers for a considerable
bales of Kidd's goods, which he has made a plentifull estate in
Antigua, and owes Capt. Rogers, by his books, 2586 pe. of eiaght.
Jno. Lucas, that lives in Antigua, went to St. Thomas, and did
macke up account wth. Capt. Rogers, he being Attorney for ye
owners in London, and was paid to a penny and did give a discharge
in full in behalfe of ye owners, which is contrary to law, when he
knew what he was, etc. Lucas being a Justice at that time,
Capt. Rogers drew a bill on Capt. Collihorne, which was excepted
of Mr. Lucas, etc. Here is severall more yt. I can give your Honour
an account of, if you please to send for mee home, etc.
Thaire is one Capt. Emanul. Mannassus Gillingam and one Capt.
Derrydoe and others yt. have a St. Thomas his pass, and thay
goe from thence to Curacao and tacke in negroes and dry goods
and trayde to ye French Islands and Spanyards, etc. Signed,
Rich. Oglethorp. Addressed. Postmark (^). 2| pp. [C.O. 5,
382. #o. 9.]
[Jan. 27.] 54. Lt. Moody to the Council of Trade and Plantations.
In answer to your letter of Jan. 25, I was in hopes that Mr. Lloyd
and Mr. Latham had given you particulars, but give you my
opinion. The Fort at St. Johns hath little of regularity, being
built foursquare without any bastion, soe that the whole
curtine is exposed, and wee cant see any part of the ditch from
corner to corner, and alsoe the parapet is too low, soe yt. the
men upon the ramparts are not covered. I was forced to fix
planks and throw up earth. to cover them, and also to make long
wooden troughs for carrying bombshells and granadoes to secure
the ditch during the attack. The plat-formes are all out of order
and deficient, carriages of the guns were mostly rotten ; the
place for the magazine is too slight ; the walls of the fort are only
of loose earth palisadoed, and apt to fall doune into the ditch,
which is neither broad nor deep enough, and dry. There are
two riseings grounds within half a pistol shot where the enemy
did come undiscovered, and place themselves without the reach
of our guns and lie firing. They ought to be levelled, as also
some rising grounds in the place we ordered to build the New Towne
in to make the ground sloping, so as to be under the guns of the
Fort. The scituation of the Fort is bad, there being hills on
the W. and E., but there is not a spot in the Harbour but what
are lyable to the same inconveniences, if not more. The Castle
i- small, but stronger than the Fort, and very useful against ships
coming in, and is most exposed by a foolish platform a little
26 COLONIAL PAPERS.
1706.
above it, where the enemy may come without the reach of any
gun, and they very much annoy the Castle. The North Battery
is of noe use, the men being soe exposed to the enemy's fire,
that they cannot stand by a gun. The Houses, barracks and
arms are very much out of repair, the two first by the Gentleman's
refusing to do it under whose care it was, and the last for want
of armourers and materials. And alsoe there is a very great
want of fire ; ships going there should be oblidged to carry coals
for ballast. I cannot tell what necessaries are wanting, etc.
Signed, J. Moody. Endorsed, Reed. 27th, Read Jan. 28th,
170|. 2 pp. [(7.0. 194, 3. No. 104; and 195, 4. pp. 172-
175.]
[Jan. 28.] 55. Mr. Roope to the Council of Trade and Plantations.
Describes his difficulties in fixing the boom at St. John's, and
his hardships and losses when carried away prisoner to Placentia.
Prays for consideration of his case. Signed, John Roope.
Endorsed, Reed. Read Jan. 28, 170f. Holograph. 1 p.
[C.O. 194, 3. No. 106 ; and 195, 4. pp. 176-180.]
Jan. 28. 56. Mr. Roope's Memorial to Committee of the House of
Commons. Complains of the encroachments of the French on
the Newfoundland Fishery and the debauching of the fishermen
and inhabitants with rum brought in by the Amerricans. Copy.
3 pp. [C.O. 194, 3. No, 105.]
Jan. 28. 57. Order of the Committee of the House of Commons
Speaker's appointed to consider of the trade to Newfoundland. The
Chambers. Q ounc ji o f Trade and Plantations to produce Capt. Moody's
Journal, complaints against Major Lloyd and Capt. Moody,
papers delivered by Mr. Campbell and Merchants of London,
etc. etc. supra. Signed, Wm. Clayton. Endorsed, Reed. Read
Jan. 31, 170|. f p. [C.O. 194, 3. No. 108 ; and 195, 4.
pp. 183, 184.]
[Jan. 28.] 58. Sir H. Ashhurst to the Council of Trade and Plantations.
Prays for copies of complaints against Connecticott by Governor
Lord Cornbury and Gov. Dudley, and of the Report on the
Mohegans. Signed, Hen. Ashhurst. Endorsed, Reed. Read
Jan. 28, 170|. Holograph. 1 p. [C.O. 5, 1263. No. 58.]
Jan. 28. 59. The Queen to Governor Lord Cornbury. Whereas
St. James's. we are given to understand that great abuses have been
committed in our Plantations in matters relating to prizes, to
the end therefore that all such abuses in the management of
the said prizes may be discovered, and the like for the future
better prevented etc., we do hereby strictly charge you to interpose
with your authority and advice in all differences arising between
the Agents appointed for the management of prizes and the
Captains of our ships of war, and others concerned, who shall
make application to you in our Province of New Yorke, as likewise
in an especiall manner to be aiding and assisting unto James
i
,
L
AMERICA AND WEST INDIES.
27
1706.
Jan. 28.
Whitehall.
Jan. 29.
Jan. 29.
Antigua.
Jan. 29.
Cookpitt.
and Hercules Coulter, who are appointed Agents there, etc. As
also to transmit unto our High Treasurer exact accounts concern-
ing prizes from time to time, etc. Countersigned, C. Hedges.
A like letter to Governor Nott, mutatis mutandis, in favour of
James Walker, Agent for Prizes in Virginia. [C.O. 324, 30.
pp. 66, 67.]
60. W. Popple, jr., to the Clerk of the Council. Desires
an account of the Council Days, March 2, 1704 July 20.
[C.O. 29, 10. p. 7.]
61. An account of the Council Days as above. Endorsed,
Reed. Read Jan. 29, 170f. 1 p. [C.O. 28, 9. No. 30;
and 29, 10. p. 8.]
62. Lt. Governor Johnson to the Council of Trade and
Plantations. Itt has beene a custome in these Islands ever since
a Pattent was granted for the office of a Provost Marshall for
the Patten tee by himself or Deputy to find a man alwayes to
attend the commandes of the Governours of the respective Islands,
and the Commander in Cheife in whichsoever of the Islands
he happens to be, and to carry packetts and letters to him when-
ever they arive, but such an height of insolence are some men
arived to, depending I presume on the originall Patentee's favor,
who generally is some great man at home, that the Deputy Provost
Marshall of this Island the other day, when was in the country,
absolutely refus'd to bring to me two packetts which came in
two express boates from Leeward, giving account of some
designes the enemy had of attacking these Islands, and of their
expecting 30 sayle of men of war to that end, arrogantly
declaring that whatever former customes and usages had been
he minded not, nor would he be at the trouble of carrying or
sending letters or packetts to any Governor whatever ; for which
unbecoming behaviour and failures of his duty, I thought fitt
to suspend him from his office, till H.M. pleasure be knowne.
This I thought myself obliged (my Lords) to acquaint you,
not doubting your approbation thereof, as also that the authority
of such an officer is variously disputed and exercised in these
parts, in many things pretending to the power of Shrieves in
England, which I pray your Lordshipps will take into considera-
tion, so as that by a declaration of their authority a period may
be putt to the many disputes which daily anise concerning the
same, to the ease, safety and satisfaction of the inhabitants.
Signed, Jon. Johnson. Endorsed, Reed. 12th, Read April 15th,
1706. Holograph. 1 p. [C.O. 152, 6. No. 40 ; and 153, 9.
pp. 328, 329 ; and (extract) 152, 39. No. 108.]
63. Mr. Secretary Hedges to the Council of Trade and
Plantations. Enquires whether there is any objection to orders
being given to the Governors of Virginia and Maryland in
accordance \v\t\\ following petition. Signed, C. Hedges. Endorsed,
Reed. Read Feb. 1, 170. 1 p. Enclosed,
28
COLONIAL PAPERS.
1706.
Jan. 31.
Whitehall.
Jan. 31.
Jan. 31.
St. James's.
Jan. 31.
Whitehall.
Jan. 31.
Whitehall.
63. i. Merchants trading to Virginia and Maryland to the
Queen. Pray that no embargo may be put upon
such merchant ships as may be left behind the convoy
due to sail from Virginia, June 15, many of that fleet
being but lately gone, and some still to go etc.
31 signatures. [C.O. 5, 1315. Nos. 5, 7 ; and 5, 1361.
pp. 433-435.]
64. Council of Trade and Plantations to the Committee
of the House of Lords. Enclose papers ordered Jan. 25, and
explain why they delayed presenting their report on Barbados
till July 20, 1705, and recapitulate procedure of last year in
that matter, and Minutes of Council of Trade. [C.O. 29, 10.
pp. 9-23.]
65. List of papers relating to Newfoundland presented
by the Council of Trade and Plantations to the House of Commons.
[See Jan. 28.] 6 pp. [C.O. 194, 3. No. 109.]
66. The Queen to Governor Nott. In behalf of Col. Quary,
Quotes Representation on Address from the Assembly of Virginia,
of which, " We are graciously pleased to approve. And it is
our will and pleasure that you lay this whole matter before our
Assembly there, that it may appear to them that ye said Address
was made upon a misrepresentation by Robert Beverly, whereby
the reputation of Col. Quary, our officer, may be vindicated.
Wee cannot but on this occasion lett you know that as wee shall
be always ready to receive ye just complaints of our subjects
there, and give them redress therein, so on the contrary wee do
expect that you do discourage as much as may be all such as
shall be groundless, and tend only to ye fomenting divisions
amongst our subjects, and such as shall be employed in our service
there, etc. Countersigned, C. Hedges. [C.O. 324, 30. pp. 68-
70.]
67. Mr. Sec. Hedges to Governor Nott. Acknowledges
letter of Sept. 22, with journals of transactions at Virginia. They
are under the consideration of the Committee of Trade. You
will have severall of H.M. letters for Members to be of the Councill,
as recommended by the Committee of Trade ; when you are
setled, you will best judge of the persons who are fitt for that
honor, and I should be glad to have your thoughts of them from
time to time, not doubting but your chief regard will be for H.M.
interest. I thank you for remembering the particular persons
I mentioned to you, etc. Signed, C. Hedges. [C.O. 324, 30.
pp. 60, 61.]
68. Same to Sir Wm. Whetstone. Your letter of July 18
did not come to hand before 25th inst. I immediately laid it
before the Queen, who was extreamly well satisfied with the
account you give of the good inclinations of the Spaniards in
America, and approves of the good treatment you have shewed
AMERICA AND WEST INDIES. 29
1706.
them, and the encouragement you have given them, and the
endeavours you use for improving their trade and correspondence
with Jamaica. You are desired to continue those good offices,
and if you find them inclined to shake off the French yoke, and
declare for King Charles, it is a matter of that consequence that
I believe they will not want for any assistance and support from
hence, whenever it shall be known that they will receive it, and
co-operate with such forces as H.M. shall send. I hope therefore
you will from time to time lett me know how they are disposed
to embrace the interest of K. Charles III, with your opinion
what may be necessary to be done from hence to encourage and
support them in such an attempt, and what may be the most
proper season for it. Signed, C. Hedges. [C.O. 324, 30. pp. 61,
62.]
Feb. 1. 69. Governor Dudley to the Council of Trade and Planta-
Boston, tions. Refers to previous letters and enclosures. It is now a year
few England. gmce jj jyj commands were given to the Governments of Connecticut
and Rhode Island to give their assistance in the present warr,
but from that day to this I have not had one man nor penny
towards the service or charge, notwithstanding the whole summer
I had 1,000 men in the service absolutely necessary to cover
the frontiers of these Provinces, whereby they are perfectly
secured, and have not since the warr opened lost a man or had
any inroad upon them. I am humbly of opinion that if these
commands be easily past over referring to their just assistance,
and Owaneco be not taken care of by your Lordshipps' favour
[for] him, they will presume to a very great degree, and H.M.
commands [vrill] be greatly slighted to the hurt of these Govern-
ments and their just dependance [and] obedience, beside that
I shall be personally insulted by them, which if there were nothing
else in the matter I could well bear, knowing that therein I have
done my duty to H.M. and justice to her good subjects of the
several [Projvinces, who being equally H.M. subjects ought
to be equally defended and mustered and taxed for that end.
I continue to pray your Lordshipps' direction referring to the
Governour's power of a refusall of a Speaker and the Establish-
ment on the Castle made in 1700, and the other particulars of
those letters. There is in these ProvinceO] and parts adjacent
a whale fishery kept at the [season of the year, very profitable
to the people, and procures a very good return [/or] England
every year, and I have done what I can to encourage it, being
a good [and] acceptable trade at home, and have directed
the Judge of the Admiralty [at] all times to receive and decide
tryalls between the fishermen, which must often [hap]pen,
because the wounded whales often break lose and there are
disputes to whom [they] belong. But it hath been always
observed that besides the whales thus stricken, [there] are some-
times others that are wounded and slayn by the Thrashers and
Sword-[^A] which follow them, whereby they become wrecks
and as they are called [Drt]ft whales to which no person can
claym any right, and do therefore justly become [a perquisite
30 COLONIAL PAPERS.
1706.
to the Vice-Admirall as other wrecks are, as by the Commission
of [the] Admiralty does plainly appear, and since I came here
with a great deal of [trouble] I have gotten two such, which clear
of charges made near 40Z. [value], but since it has been observed,
the Inhabitants of those parts about Cape [? Cod], which is called
the County of Barnstable, have affronted and injured the Officers
[of the] Admiralty taking care therein, and one of the Justices
lately sent a Water-[J5ai/]liff to prison, and notwithstanding
soon after the said Water-Bayliff was come [to] Boston to attend
the Court of Admiralty to take judgement of a Drift whale, and
had given summons to the Challengers to attend the Judge of
the Admiralty at Boston, the Inferiour Court of Common Pleas
for that County of Barnstable proceeded to give judgement for
the whale to certain fishermen, and tho' the Water-Bayliff was
not present at the tryall nor any for him, the Court awarded
execution for a summe of money, and that writt followed him
and cast him into prison, and all that I can yet say will not prevayl
to make those Justices sensible of their error of invading the
Admiralty's Jurisdiction, which method, if proceeded in,
will perfectly defeat the proceedings of the Court of
Admiralty in all cases and H.M. intention as well as her
predecessors and Acts of Parliament establishing that Court
in the Plantations will be avoyed, if the other Courts may take
away the matters lying before them, of which none is plainer
than that of whales and the great fish of the sea, [the] people
here being very uneasy that that Court and the Judges and
Officers of it are of H.M. establishment, besides that they would
have it that all wrecks and drifts are belonging to the finder,
which would end in all manner of ravage upon the was[t] contrary
to Religion and Law. I most humbly pray your Lordshipps'
direction herein for the support of H.M. Court of Admiralty,
and if it be agreable to Law and Commissions in use here, and
in all the Plantations, there may be an inhibition and injunction
to all other Courts that they may not presume to take the tryall of
whales or any other matter belonging to that Court into their
consideration or process at any time. Upon this head, I must
also humbly ask your Lordshipps' direction, whether I may
not my self dismiss such Justices of the Peace of the said Inferior
Court without the consent of the Councill, agreable to what
is done referring to Justices of the Peace in England and else-
where, because I am more than in doubt it will be there denyed,
themselves being concerned to make as little of the Admiralty's
jurisdiction as may be. And if I may so do with your Lordshipps'
approbation, and have H.M. commands referring to the powers
of the Admiralty as above, I believe the matter will end well,
otherwise I must for the future do nothing more but let the people
run -w[i1d] in that matter, and the Vice-Admirall will for the
future have no advantage. I most perfectly submit it to your
Lordshipps' direction, and pray that I may be commanded
therein. I have been at a great deal of quiet from the French
and Indians this summer, tho' my number of men and expence
thereby has not been less than last year ; I have burnt all their
AMERICA AND WEST INDIES. 31
1706.
forts in these Provinces, kept them these two years from any
manner of planting or fishing, that they are fled to Canada, and
for want of their usual support are in a starving discontented
condition among the French, as I am dayly informed, but yet
are capable in small parties like Irish Raparees to make inroads
upon mee, yet I have not quitted the least improvement in the
frontiers, but the people are easy and the masting in the deepest
woods has been so well guarded that there is no complaint,
and I have at this time 4 small parties upon their snow shoes,
of 50 men each, who lye out upon the snow 20 days together to
prevent their hunting and discourage their approach. At the
first eruption of the warr the French and Indians carryed away
about [150] persons, most women and children, which heretofore
have been purchased at about [5]?. per head by the French,
whereby the Indians had a better trade of taking prisoners than
hunting for Beavers, but I have assured Mr. Vouderil, the Governor
at Canada, that I would never purchase the best prisoner he
had at the price [of one] shilling, and to make the matter even
with him, I brought the last summer about the same number
of prisoners from the Bay of Fundee belonging to Port Royall,
and then sent him word I would exchange with him, the articles
I sent him are inclosed and humbly submitted to your Lordshipps,
like those agreed in the West Indies for the exchange of prisoners
there, to which he returned me another set of articles also
inclosed, wherein he proceeds so far as to offer a truce between
the Goverments, to this I have made no answer, having no
authority so to do, and shall only thereupon remark to your
Lordshipps that I have no need of any such Truce, but can well
enough defend myself, and shew men enough well appoynted
to remove him and all the French from Canada and Port Royall,
if H.M. would be graciously pleased to give us but 4 ships of warr
and mortarrs for that purpose. I humbly submit the whole
matter to H.M. pleasure, but would be glad to get the poor women
and children home, for which their friends are very impatient,
especially being informed that the Priests use all possible methods
to debauch their Religion and many of them are already gone over
and entered into their Nunnerys and others marryed amongst
them, as I perceive by their letters from Quebeck. If there
might be an establishment of a Scotch or English Colony at
Pemaquid and Eastward, it would hold 1,000 familys and is the
best part of these Provinces for the lumber and fishery, and
would defeat the French and Indians' hopes of resettling in
those parts in time of peace. These letters are humbly presented
to your Lordshipps by Lt. Gov. Povey, who has also sustained
the office of Major Generall of both Provinces and has faithfully
served H.M. here, and I consider my self disadvantaged by his
return, but it has not been possible for me to obtayn any manner
of support for him, in his station, from the Assembly, and had
I not given him the command of the Castle where there is 100/.
salary he must have lived wholly upon the expence of his own
Estate, as he has done in a great measure notwithstanding.
He is very [cap]able to give your Lordshipps account of the present
32 COLONIAL PAPERS.
1706.
state of H.M. affairs here, to whom I humbly referr, and pray
your Lordshipps to represent my sincere indeavours to serve
H.M. as I ought, and to assure your Lordshipps that nothing
here can make me weary of doing my duty, while your Lordshipps
will please to make my service acceptable to H.M., and while
I may be honored with your Lordshipps' commands.
P.S. I humbly acknowledge the [rec]eipt of the 20 cannon
and [appurtenances, which are all well landed at H.M. Castle
in Boston. Signed, J. Dudley. Endorsed, Reed. May 31, Read
June 3, 1706. 4 pp. Edges rubbed. Enclosed,
69. i. Copy of Articles for exchange of prisoners offered
by Governor Dudley to M. Vaudrevil. [See C.S.P..
1705.] Endorsed as preceding. 2$ pp.
69. ii. Proposals for a Truce offerred by M. Vaudrevil,
Governor of Canada, Quebeck, Oct. 20, 1705. [See
C.S.P., 1705.] Same endorsement. Copy. 4J pp.
69. iii. Copy of Proclamation appointing Jan. 24 a Day of
General Thanksgiving for Maryborough's Victory in
the Netherlands. Dec. 27, Boston, 1705. Signed,
J. Dudley. Printed. Endorsed, Reed. May 31, 1706.
1 p. [C.O. 5, 864. Nos. 58-61 ; and (without enclos-
ures) 5, 912. pp. 133-148.]
Feb. 1. 70. Mr. Sec. Hedges to Governor Dudley. Acknowledges
Whitehall, letters of July 25, Aug. 8 and Nov. 1st. What you mention of
reducing Quebeck by ships of war is sent to the Prince's Councill
for their consideration, and their report is expected in what
may be done, and what may be the best season for making such
an attempt, and how far it may be practicable with regard to
the other extraordinary services H.M. has for her men of war.
Concerning the fees of the Courts of Admiralty, I know no better
rates for the officers of the Admiralty Courts in America to conform
themselves to, than what are practised here, and that they may
do so, H.M. has directed that the tables of fees should be trans-
mitted to the severall Vice-Admiralties in the Plantations. As
to a consideration to yourself, I have spoke to the Lord Treasurer,
who is the only person to whom application should be made,
and I find him well disposed in your favor. I have also moved
in your behalf, and read to him your letter of Aug. 8, and hope
you will receive satisfaction as to the matter therein contained,
but for a particular answer must referr you to the Committee
of Trade. The Address you mention has been presented to H.M.
and if those Provinces do not comply in what they at present
refuse, it may create a necessity of doing something farther to
oblige them to furnish their Quota, and they would do well to
considered that the Plantations are to be valued as they are
more or less valuable to England, for they cannot expect but a
and a Bill of the charges you have been at. Signed, C. Hedges.
[C.O. 324, 30. pp. 62-64.]
AMERICA AND WEST INDIES.
33
1700.
Feb. 1.
Whitehall .
Feb. 1.
Whitehall.
Feb. 1.
71. Same to Governor Lord Cornbury. I received your letters
of Feb. 28, 1704, and July 15, on Dec. 3 last, and am extreamly
obliged to you for the full account you give me of your Govern-
ment. That part which relates to Navall Stnrr* in sent to the
Commissioners of the Navy, and their opinion is expected in
what may be proper to be done for encouraging that manufacture,
your Lordship's observations and reasonings on that subject
being very well approved : Your Lordship rightly judges of the
interest of England in encouraging the planting flax and the
linnen manufacture and discountenancing that of the woollm.
and what you observe concerning the encroachments and
usurpations of the Assemblies deserves very good attention.
All that matter is before the Committee of Trade, and will be
considered by H.M. in Councill, and you will hear of the reMilt.
and have further Instructions on that subject. The Plantations
are to be valued as they are more or less valuable to England,
and they must expect, if nothing else will do, that a remedy
will come by Parliament in reasonable matters. Feb. 2. Since
writing this, I have received yours of Nov. 28 etc. I shall observe
your commands, but have not time to receive H.M. pleasure
in any of the particulars before the maile is dispatch 't. [(7.0.
324, 30. pp. 64, 65.]
72. Council of Trade and Plantations to Mr. Secretary
Hedges. Reply to Jan. 29. The merchants concerned have
acquainted us that their ships coming home so late cou'd not be
time enough discharged so as to be sent to Virginia and Maryland
to come away with the convoy, June 15, and that there will be
40 ships unloaden in' the rivers of Virginia and Maryland after
that time. We are humbly of opinion that, if H.M. shal not
be pleased to allow a second convoy to bring away these later
ships in Sept., they may be permitted to sail thence as they
can gett ready after the departure of the convoy, without being
embargo'ed there ; since if they be obliged to stay for a convoy
to be sent the next year, the ships will not only be worm-eaten,
but the seamen suffer very much by such detention, whereby
their voyage will be overthrown. We take this opportunity
to represent the expediency of the convoys for Virginia and
Maryland being appointed to go out at such time the next year
as may as much as possible suit the occasions of all the traders
to those parts, so that the shipping may return home from thence
with convoy, and not otherwise. Autograph signatures. 2 pp.
[C.O. 5, 1341. No. 2 ; and 6, 1361. pp. 436, 437.]
73. Reply of the Governor and Company of Rhode Island
and Providence Plantations to the charges exhibited March 26,
1705. Articles 1 and 2 contain matter highly criminal ; they
doe not only detest such practices, but are not capable of being
guilty of ye same, but to the utmost have endeavoured to suppress
them, and uphold the Acts of Trade and H.M. Laws relating
to the Government of the Colony. (3) If at any time deserters
or malefactors fled hither, upon notice thereof given, due methods
Wt. 4912. C 3
34 . COLONIAL PAPERS.
1706.
have been taken, as the Law directs. As to the other part,
this H.M. Collony is free for any of H.M. subjects to come and
inhabit there, nor is it in the respondents' power to hinder or
prevent them therefrom.- Where one person or family hath
removed out of other Colonies into this, there hath five times
the number gone out of this (which were inhabitants in the same),
and settled in other Provinces, which wee deem to be the privilege
of every English subject, and we doe deny that any considerable
number of young men hath fled out of other Provinces into this
Collony or have been anyways harboured or sheltered in the same,
or that no rates or taxes is raised in this Colony for the support
of H.M. interest and government. They have been at more
than 6,0001. charge within this 7 years in fortifying and other
charge occasioned in maintaining and defending H.M. interest
against the common enemy and support of the Government.
(4) They are advised by Counsel that they are not obliged by
Law to furnish the other Provinces or Colonies with any Quota,
nor doe they apprehend there is any necessity. Noth withstanding
which, in obedience to H.M. commands., they have assisted and
furnished the Massachusetts with a Quota of men (to the consider-
able charge of the Colony) who did H.M. good service, as likewise
keeping out and maintaining Scouts upon the borders or frontiers
of said Province, whose good service hath been thankfully
acknowledged by the inhabitants of that Province. As to the
Quota for fortifying New York, they never refused it, but by
their Address to H.M., June 30, 1703, pray H.M. remittance
thereof, by reason this Collony is a frontier to the sea, and none
of H.M. Provinces in America more exposed to the danger and
assaults of the common enemy, to which we have not as yet
received H.M. commands. (5) This charge is frivolous and
untrue. (6) Respondents' Charter expressly impowers them
to try all crimes and make all manner of wholesome laws ; these
proceedings are just and regular. (7) They doe allow the Laws
of England to be pleaded in all cases without partiality (as well
for strangers as for serving their own turns) where their own
Laws do not extend to ; the various circumstances of time and
place and people doe often make it necessary to enact and
establish Laws different, though not repugnant, to the Laws
of England. Their Charter expressly empowers them so to do.
(8) Deny that they have refused to allow of Appeals to H.M.
in Council, when duly applied for, and the matter and value of
the matter in question require the same, and have (for want of
Instructions in that case) granted an Appeal for the value of 20/.,
which they conceive to be frivolous and vexatious. (9) They are
advised by Counsel that the Militia, or power of commanding
thereof, is fully granted to them by their Charter, and that they
have been in possession of the same above 40 years. As to the
Vice-Admiralty, they have fully complied with H.M. commands,
saving to themselves their right granted by Charter for granting
Commissions to private men of war etc. (10) Deny that they
ever used any indecent words towards H.M., nor do the words
mentioned import any such indecency. (11) For the reasons
AMERICA AND WEST INDIES. 35
1706.
given above (9), they could not submit to Col. Dudley's exercising
those powers within this Collony. (12) Respondents deny this, and
say that the Governor, Depty. Governor and others in places of
publick trusts are persons of estates, known abilitys and loyalty,
and well affected to H.M. Government, and are qualified according
to law and the constitution of the Government. (13) This
charge is uncertain and general, it is false and untrue, and cannot
be maintained or justified. Lawrence and Blew according to their
Instructions brought the prize into this Government, and put
it into the Governor's possession for the security of the Lord
High Admiral's dues, as the Law provides, notwithstanding they
had their liberty to goe to their Commission Port if they had
seen cause, without any debauchery by the Government. All
due, methods and care was taken to prevent embezlement, and
the securing the Lord High Admiral's dues to the satisfaction
of the Collector and Receiver, and content of the owners and
sharers. Signed, West. Clarke, Secrty. Endorsed, Reed. Read
Feb. 1, 170$. 3| pp. [C.O. 5, 1263. No. 59; and 5, 1291.
pp. 309-319.]
Feb. 2. 74. Mr. Jackson to the House of Commons. The Fort
or Garison at St. Johns is of timber and very ill situated etc.
(see No. 54). On the other side of the Harbour there is
built a pretty little Castle all of stone and substantial! timber
that by nature and art is very strong, whose full complement
is 30 men. Had the garrison been equivalent in strength and
goodness, it had been an impregnable place. As it is, it is more
a scare-crow or Pageant than a fortification. The Government
has been, ever since I knew the land, arbitrary and despotick
(this last year only excepted), the commanders oppressive,
tyrannical, traders, and great abusers of trade. Describes the
fishery, as supra passim. In almost every harbor there is set
up a King, as they call him, wch. is one that hath been an old
frequenter of an Harbor, who by extortion is grown rich, and
by unconscionable meanes has involved the inhabitants into
his debt. What these poor wretches cannot pay off the next
year, these Kings extort double. Mr. Roop has been 25 months
in fixing the Boom, having all imaginable help, and now so meanly
and unskilfully performed that I have heard some masters of
ships say a New England sloop will force it. He is partial and
mercenary. He was given 200J. to aggravate matters here
against others. The officers are immoral : he that will not be
made cuckold by them is certainly made a slave etc., and because
I have endeavoured to stop this torrent of vice, I have all along
been abused by them. Mr. Latham as Chief Mason had a large
sum sent him yearly to pay labourers, most of which he employed
in buying liquors and in trade, and many of the soldiers employed
about the boom are unpaid to this day. He has not laid a penny
out upon the garison (fort), altho it run to daily ruin, and being
often solicited by Capt. Moody, in this, as in everything else,
he would not obey him ; he refused to pay me much that is owed,
and would not make my lodgings in the fort fit to live in. He
36
COLONIAL PAPERS.
1706.
frightened the inhabitants from paying me their yearly dues
of fish. Prays for redress therein. As to the trade of New
England there, I never could perceive but it was beneficial,
for as their ships arrived sooner than ours, so they supply that
country with provisions at more reasonable rates than we do,
wch. saved many families many times from starving etc. Besides
they are a people indebted to the Crown of England above
100,OOOZ. sterl., and to debar them of the trade of that country
will incapacitate them for ever paying that debt, for they have
often told me that they pay yearly more money to England out
of the product and barter of that country then they do out of
the whole product of their own Colony. Signed, John Jackson.
Endorsed, Reed. Feb. 25, 170f. 8 pp. [C.O. 194, 3. No. 120.]
Feb. 2. 75. Council of Trade and Plantations to the Board of
Whitehall. Ordnance. Governor Parks having discoursed with us concerning
a proportion of stores of war for the Leeward Islands, we desire
you to let us know what stores of war have been sent to those
Islands, if any, since those sent thither by the Office of Ordnance,
March 27, 170|. [C.O. 153, 9. p. 292.]
Feb. 4. 76. Members of the Church of England to the Council
Boston. O f Trade and Plantations. Lt. Governor Povey is now bound
home. He has with all skill and application attended H.M. service
to the great satisfaction of the Governour and all good men
here. The support for 4 years past given by the Generall
Assembly, as Lt. Gov., has amounted to no more than 150Z.
which has been nothing to the expence he has been at to maintain
the honour of his post. He has obtained leave to return to the
great sorrow and trouble of H.M. good subjects here. The
troubles of this Province by the war has occasioned utmost
difficulty and fatigue both to the Governor and himself, and we
account it our duty to represent the unkindness and neglect
of the Province towards them both, but our influence is too small
to amend it here. If it were possible that he might be returned
to us with a good establishment, both for the Governour and him-
self, to put them beyond the power of a difficult and ungrateful!
people, it would establish H.M. Government and prosperity
of this Province. Signed, Benj. Mountfort, Hen. Francklyn,
Petr. Hawksworth, Giles Dyer, John Eastwicke, John Devir,
Wm. Tayler, Cyprian Southack, Tho. Child, Chris. Bridge,
M. Roberts, J. Nelson, Elyde [sic] East Apthrop, J. Dulton,
Ri. Harrison, J. Redknap, Saml. Baker. Endorsed, Reed.
Read June 4, 1706. 2 pp. [C 0. 5, 864. No. 63 ; and 5,
912. pp. 151-153.]
Feb. 4. 77. Order of Committee of House of Lords. The Council
of Trade to produce documents concerning the petition of
Mr. Kirton etc. (No. 51). Set out, House of Lords MSS. VI.
p. 365. Endorsed, Reed. Read Feb. 7, 170f . 2 pp. \C.O. 28, 9.
No, 31 ; and 29, 10, pp. 24-26.]
AMERICA AND WEST INDIES. 37
1706.
Feb. 4. 78. Council of Trade and Plantations to Governor Nott. We
are g^d to understand by your letter of Sept. 22 that you are
safely arrived in your Government, wherein we wish you all
satisfaction and happiness. We have considered the particulars
of your said letter, which relating chiefly to the Revenue, and
your having yourself said the same things before the Lord Treasurer
from whom you are to expect directions, we have nothing to
say thereupon, but that you will do well at all times, however,
to continue to give us a particular account of all things relating
to your Government, though it do not immediately come under
our cognizance. The directions given you relating to the sinking
of letters are the same as was sent to the Governors of all H.M.
other Plantations, and was done in order to prevent the enemies
getting intelligence of the state of the Plantations by letters
taken on board of ships coming from thence. We understand
the Assembly are of another opinion, but we continue neverthe-
less to enjoin you to direct that all your letters and such as
in any manner relate to H.M. service be thrown overboard in such
case of imminent danger, and that you nevertheless recommend
to the people the causing their letters to be thrown overboard
as aforesaid, as being for the benefit and safety of the Colony
and the trade thereof. And whereas you in Council have
appointed Col. Blakiston Agent for the Country, when he shal
apply to us in that capacity, we shal give him all the necessary
countenance, but we are to give you the same caution as we
have to other Governors, that the Agent may not be permitted
to receive any papers immediately from the Assembly, but that
all public matters be transmitted by you directly to any of H.M.
Ministers of State or to our Board, as they may properly belong,
and that the Agent be empowered by your direction only to
sollicite their dispatch accordingly. P.S. Our Secretary in
sending you the warrants for the new Seal, omitted to acquaint
you that the old one, after it was broken, was to be returned to
us, to be laid before H.M. in Council. [C.O. 5, 1361. pp. 437-
439.]
Feb. 4. 79. Mr. Sec. Hedges to the Council of Trade and Plantations.
Cookpitt. Encloses following. Signed, C. Hedges. Endorsed, Reed. Read
Feb. 8, 170f. 1 p. Enclosed,
79. i. Answer of Sergt. James Bromfield and other soldiers
at Portsmouth to queries No. 50. Jan. 30, 170$.
(1) 66. (2) 56. (3) 80 or 81 with two drums and no
officer. (4) 3. (5) 18. (6) 12f. to Capt. Lloyd and
6/. to the men from which was deducted the price of
ammunition shirts 9s., shoes 8s., stockings 4s., waistcoats
1 5s., butter 9d. per lb, cheese Sd. etc. Signed, Ed.
Harman, Mayor etc.
79. ii. Copy of Queries, No. 50. 1 p.
79. iii. List of 27 men in Lord Paston's Regiment who testified
at Portsmouth as mentioned above. 1 p. [C.O. 194,
3. Nos. 110, HO.i.-iii. ; and (duplicate) llO.v., vi. ;
and 195, 4. pp. 185-192.]
38 COLONIAL PAPERS.
1706.
Feb. 4. 80. Council of Trade and Plantations to Governor Lord
Whitehall. Cornbury. Acknowledge letter of Feb. 19, 1705. We observe
what your Lordship says of Mr. Morris's behaviour, and have
been apply'd to by some of the Proprietors, his friends, men of
credit and estate here, who have assured us that he will
comport himself for the future with all due respect and regard
to your Lordship and H.M. service ; so that in order to reconcile
the minds of all under your Lordship's Government, we do think
fit at present that upon his submission your Lordship do re-
admit him into the Council of New Jersey. What has been
alledg'd in relation to the pretended forms of the surrender of
that Government is not true. The surrender was absolute and
without terms. We did indeed consent, at the Proprietors'
desire, to add some clauses to your Lordship's Instructions ;
but that was no condition of the surrender : and therefore we
think your Lordship has done well in maintaining the contrary.
H.M. has appointed Mr. Townley, Mr. Cox and Mr. Mompesson
of the Council. As to your desire that we should recommend
Mr. Mompesson to H.M. for the place of Chief Justice of New
Jersey, we must refer your Lordship to what we writ you
March 26, 1705, in relation to New York upon the same subject.
Mr. Dockwra, in the name of the Proprietors of the Eastern
Division of New Jersey, having recommended to us Mr. Peter
Sonmans, their Agent and General Attorney, who is lately gone
over to New Jersey, as a person fitly qualified to fill up any
vacancy that may happen in the Council there, and being
inclinable to gratifie the said Proprietors herein, if your Lordship
have no objection hereunto, we desire to hear from your Lordship
what you have to offer thereupon. In answer to what your
Lordship writes about fines, forfeitures and escheats, and to
the appointing of a Ranger of the Woods refer to Mr. Attorney
General's report [see Oct. 19, 1705] which will be a guide
to your Lordship upon other occasions. We have considered
the Acts which past in Nov. 1704, and have not any material
objections thereunto, but as there are some things which we
wish might be amended, we shall defer laying the said Acts before
H.M. till your Lordship has had an opportunity of acquainting
the Assembly with our observations thereupon. The Act for
the settling the Militia, in the last proviso but one, enacts that
the sums of money thereby to be levy'd are to be paid into the
hands of the Receiver General, or Secretary, or such other person
as the Governor under his hand shall appoint, and the money
to be apply'd also to such publick uses as the Governor shall
direct ; whereas we think that publick moneys ought only to
be paid into the hands of the Receiver General, and the uses
to which it ought to be apply'd for the support of the Government
should be express 'd in the Act, and not left at large as it is in
this : which we desire your Lordship therefore to be mindful
of for the future. Tho' the design of the Act for uniting and
quieting the minds of all H.M. subjects in New Jersey be very
good, yet there are some things in the Act which render it unfit
for H.M. royal confirmation, viz. that it pardons (amongst other
AMERICA AND WEST INDIES. 39
1706.
crimes) all murders, high-treason and piracy committed before
Aug. 13, 1702, whereas H.M. has reserv'd to herself by her
Instructions to you the pardoning of those crimes, and therefore
we desire your Lordship to endeavour to get this amended in
another Act to be pass'd for the like purpose. We have no other
objection to the Act for altering the present Constitution, and
regulating the election of Representatives etc. but that it does
not regulate the quantity of acres necessary to qualify persons
to elect or be elected Representatives in the General Assembly.
Your Lordship will have seen by H.M. Additional Instruction
sent you [April 20, 1705] what we intended upon that matter,
quoted. But if your Lordship find the regulation too high, you
may endeavour to get a new Act past for proportioning that matter
otherwise. In the mean time this Act will remain in force
without being confirm 'd by H.M., and your Lordship will make
a suitable use of your Instructions in that behalf. A complaint
having been made to us that the elections for the last Assembly
were made in such haste that there was not due and timely notice,
and some towns [had] no notice at all of the day appointed for
that purpose, we desire your Lordship therefore to be mindful
for the future of giving such notice (14 days at least) that all who
have a right may have time to repair to the place of election,
as they shall see fit. There has also been a complaint that
3 Members were kept out of the said Assembly upon some
objections made against them by Thomas Revell and Daniel
Leeds, and that after the said objections were removed, your
Lordship still refused to admit them. We must therefore advise
your Lordship to be careful in preserving such privileges of the
Assembly as are belonging to them. The Proprietors of the
Western Division complain that your Lordship has caused their
late Secretary to deliver all publick books, records, and papers
to Mr. Bass, Secretary of the Province, and that their records
of deeds and conveyances are carry'd out of the Province, which
they alledge may be of very great prejudice to them. We are
of opinion that all books and papers, deeds and evidences relating
to the proprietorship of the soil be not taken out of the hands
of the Proprietors' Agents, and that if it be done, they be restored,
and that no publick papers whatsoever be carry'd out of the
Province. It has further been complained of to us that your
Lordship has put into the Commission of the Peace several mean
and contemptible persons, particularly one Salter, whom your
Lordship knew was under prosecution for felony, and granted
Commissions in the Militia to other persons who have no estates
in the Province. What truth there is in this complaint your
Lordship can best judge ; but we think it however necessary
to advise your Lordship to be careful what persons you put
into the Commission of the Peace or Militia, that they be person*
of good estates, and well qualify'd for those employments. We
have not received any Minutes of the Council or Assembly since
your Lordship's being in that Government ; we therefore desire
that we may have fair transcripts of the said Minutes both for
the time past and for the future, as also copies of all other publick
40
COLONIAL PAPERS.
1706.
Feb. 4.
Whitehall.
Feb. 4.
Cockpitt.
Feb. 4.
Treasury
Chambers.
Feb. 4.
Whitehall.
Proceedings and Acts of Government. The want of prisons
in New Jersey is a matter proper to be laid before the General
Assembly. Your Lordship will therefore represent to them
the necessity of having such prisons built, that they may grant
a sufficient fund, which may be appropriated to that service.
A new Seal for New Jersey was sent your Lordship by Coll. Nott.
By the words, " due provision for the respective Members of
our Council and Assembly," in clause 22 of your Instructions,
it cannot be understood that a salary should be settled upon
them, but only that due provision be made of paper, ink, fire
and other necessaries for carrying on the service, and suitable
salaries be provided for the clerk and other officers that attend
the said Council and Assembly. We are glad to perceive that
the tax for one year has been so easily raised ; and we hope
that by your Lordship's prudent conduct everything else will
be made easy also. [C.O. 5, 994A. pp. 259-267.]
81 . Circular letter to the Governors of Plantations to
the Council of Trade and Plantations. You are to transmit
accounts of Mr. Bridger's proceedings as Surveyor General to
give him aid, and to get an Act passed for encouraging Naval
Stores, etc. Set out, New Jersey Archives, 1st Ser. iii. p. 122.
[C.O. 324, 9. pp. 117, 118.]
82. Sir C. Hedges to the Council of Trade and Plantations.
Encloses following for their opinion. Signed, C. Hedges.
Endorsed, Reed. Read April 24, 170f. 1 p. Enclosed,
82. i. Extract of letter from Governor Lord Cornbury to
Mr. Secretary Hedges, New York, July 15, 1705.
Repetition of views of the trade of New York and dispute
with the Assembly as to amendments of Money Bills etc.
5 p. [C.O. 5, 1049. ^os. 12, 12.i. ; and (without
enclosure) 5, 1120. p. 451.]
83. W. Lowndes to Mr. Popple. Encloses following for
the opinion of the Council of Trade and Plantations. Signed,
Wm. Lowndes. Endorsed, Reed. Read Feb. 12, 170|. 1 p.
Enclosed,
83. i. Mr. Heathcote to the Lord High Treasurer. Memorial
upon the production of Naval Stores in New York.
New York, Nov. 9, 1715. Signed, Caleb Heathcote.
10 pp. Set out, New York Docs. iv. pp. 1158-1162.
[C.O. 5, 1049. Nos. 5, 6; and 5, 1120. pp. 397-411.]
84. Council of Trade and Plantations to Governor Seymour.
Acknowledge letters of Sept. 29, 1704, and July 3 and Aug. 28,
1705. We are glad that by your care and conduct you have
suppressed the combination between the Indians and some of
the indigent people in your Government, but we do not well
understand what you write, Aug. 28, that you had consented
to sell two of the criminals to some of the Islands for the country's
good. We desire therefore that you would explain who those
AMERICA AND WEST INDIES. 41
1706.
criminal* are, and by what authority they are sold. What you
write about the want of arms and ammunition has been laid
before U.M., but Col. Blakiston having provided 200 muskets,
100 carabines, 100 cutlasses, 100 halberts, 200 cartouch-boxes,
110 half -barrels of powder, 6 thousand weight of lead, and
22 drums out of the money remitted him arising by the 3d. per hhd.
appropriated for that use, we hope that service is sufficiently
taken care of for the present. We have also laid before H.M.
the chief particulars in your letters, upon which H.M. has been
pleas'd to direct us to write to you as follows. As to an Armourer,
we have given in charge to Col. Blackiston to provide and send
such an officer, who is also to be storekeeper, and H.M. leaving
it to you to appoint him a fitting salary not exceeding 100/. per
annum, as is propos'cl by you, to be paid out of the Revenue
to be rais'd in your Government. H.M. likewise approves of
your proposal for reducing the Provincial Judges to four itinerant
Judges, who are to go their circuits at such times and in such
manner as you with the advice of the Council shall find most
proper, and you are accordingly to give the necessary direction
herein. H.M. has likewise been pleased to approve of your
proposal in relation to Mr. Bladen, and you are accordingly
to settle a salary upon him as Attorney-General, of 100/. per annum,
out of the Revenue to be raised within your Government as
aforesaid. As to your scheme for settling of Ports, H.M. has
been pleas'd to respit her determination thereupon, till you
shall have given an account how far the Assembly have comply 'd
with H.M. late Instructions to you upon that subject, which
were sent you May 8, 1705. However, in the meantime we
are to inform you that H.M. is so sensible of the advantage that
will accrue to trade by the settling of Ports and other particulars
relating thereunto, that in case the Assembly shall not have
a due regard to H.M. directions therein, H.M. will then think
fit to appoint such Ports by her own authority, pursuant to
Acts of Parliament in that behalf. You will do well therefore
to lay the same before the Assembly for their consideration.
We have kid before H.M. the two Acts relating to Popery, where-
upon H.M. has been pleas'd to direct us (as you will see by the
inclosed order) that the second Act for suspending part of the
first be re-enacted without any limitation of time, whereby it
will be in H.M. power to repeal the same, at any time when she
shall think fit. We have likewise conferr'd with the Lord
Baltimore upon the behaviour of the Papists in your Government,
and his Lordship has thereupon communicated to us his letter
to Mr. Hunter and those of his Society, requiring them to demean
themselves for the future without offence, and with all due respect
to you and the Government, a copy whereof we send you. As
to the Quakers, as they enjoy the Protection of the Government
under which they live, we conceive it is but just and necessary
that they bear a proportionable share in the defence thereof;
and therefore it is H.M. pleasure that they be obliged to contribute
to the safety of the Province of Maryland, in reference to the
Militia, in the same manner as in England and other Plantations ;
42 COLONIAL PAPERS.
1706.
but in all distresses where they refuse to pay you are to take
care that such distresses be within the bounds of moderation,
and that no more be taken than what is necessary to answer
the summ demanded of them. We have under consideration
the body of Laws you have sent us, together with your observa-
tions thereupon, in order to our laying the same before H.M.
and shall not fail of giving you due notice of what shall be
determined thereupon. And whereas complaint is made unto
us by Sir T. Laurence, of hardships sustain 'd by him in Maryland,
as Secretary of that Province, by an Act lately past there for
ordinary licences and applying them to other uses, we cannot
but remind you of the fitness of supporting H.M. Patent Officers,
and that nothing ought to pass in their prejudice, without H.M.
especial commands. We have not thought fit to propose to
H.M. the repealing of the said Act immediately, for that the
profit arising by such licences would entirely cease ; but we must
recommend to you the settling that matter, so that justice may
be done to the said Patentee, and that he do not suffer by the
loss of any of his fees and emoluments to which he may have a
just pretention by virtue of his patent.
P. 8. Our Secretary in sending you the warrants for using
the new Seal, omitted to acquaint you that the old one, after it was
broken, was to be returned to us, etc. [C.O. 5, 726. pp. 367-373.]
Feb. 4. 85. Council of Trade and Plantations to Governor Dudley.
Whitehall. Since ours of April 12, we have received yours of March 10 and 22,
April 5 and July 25. We have laid before H.M. what you write
us about Connecticut and Rhode Island's not complying with
H.M. commands in reference to the quota of assistance for the
Massachusets Bay, as also about the claim and pretence of Rhode
Island to a Vice Admiralty power, and their granting a Commission
to the Charles gaily, a privateer. We have also laid before H.R.H.
the Lord High Admiral Mr. Colman's behaviour in that affair
for his determination therein. But as Mr. Colman and the rest
of the owners of the Charles gaily have writ to us two letters
containing some complaints in relation to the condemnation
of the said galley in which you are concerned, we send you copies
of the said letters for your answer thereunto. We have laid before
the Lord Treasurer the account of the pirates' effects, with our
opinion [see Dec. 19, 1705]. We have also laid before his
Lordship what you write about the Post Office. As soon as any
determination shall be taken upon both or either of these
particulars we shal not fail of giving you notice. We observe
what you write in reference to Mr. Usher's accounts with
Massachusets Bay, and are glad the Councill and Assembly have
proceeded so far in agreeing the same, but we do not see how
H.M. can interpose in commanding them to pay the ballance
of his account, the revenue of that Province not being by any
law under H.M. direction. We think you ought rather to
interpose with the Assembly in laying before them the justness
of Mr. Usher's demands, and the hardship hi keeping of him
AMERICA AND WEST INDIES. 43
1706.
so long from what is his due. We do not see how to remedy
what you write about the smalness of the Judges' salaries, and
the difficulties you labour under upon that account, whilst H.M.
commands are so little regarded as they have been in other matters
in the Massachusets Bay. And as to your desire of a Chief Justice
to be sent from hence, we cannot offer it to H.M., unless you had
proposed to us some method for paying his salary ; for it is not
reasonable H.M. should be at that expence where there is no
revenue sett apart for such services. Youj desire of two able
gunners from hence is of the same nature, as also what relates
to the establishment of the Castle in 1701, mentioned by you.
And altho' H.M. has already given to that Province to the value
of above 1,0001. in great guns and stores of war, yet have they
not comply'd with H.M. just demands in settling a salary on you
her Governor. We are glad Capt. Rednap gives you satisfaction
and we desire that you would assist him as much as possible
in the dispatch of what he has to do in your Governments in
order to his going to New York, where H.M. service requires
his attendance. We have kid before H.M. what you write about
the state of the French at Quebec as also about the French sloop
brought from Port Royal etc. [see Dec. 19, 1705]. We approve
of your conduct in relation to the Speaker of the Assembly.
You did well to assert H.M. prerogative in that particular, which
is reserved to H.M. as well by the Charter as by the constitution
and practice of England ; and therefore you may upon the like
occasions acquaint the Councill that it will not be thought fit
that H.M. right of having a negative upon the choice of a Speaker
and of Counsellors be given up. H.M. having repealed an Act
of Connecticut, entituled " Hereticks," we inclose H.M. Order
in Councill of Oct. 11, 1705, for that purpose, which you will
take care may be safely conveyed to the Governor of that Country.
And whereas several of the Quakers here have complained to
us of a paper said to be printed at Boston by authority, entituled.
"The Boston News Letter," dated Oct. 29, 1705, containing
reflections upon their proceedings here in England, we think
it fit to give you this notice that none of that persuaHon have
made any application to this Board in reference to New England
otherwise than against the forementioned law entituled
" Hereticks," and that the spreading of false news cannot but
tend to the creating of heats and animosities amongst H.M.
subjects. We observe what you write about the Proceedings
of the Assembly in relation to H.M. Proclamation for settling
the rate of foreign coins in the Plantations, and have represented
the same to H.M. You will do well to continue your endeavours
to convince them of the necessity of complying with H.M.
pleasure therein. H.M. care in that matter is a great instance
of her goodness and her desire of the welfare of her subjects,
which will evidently appear unto them if they reflect that most
contracts and bargains have their original from a demand of
money, and must terminate in payment ; that silver is the
standard hi proportion to its weight and fineness ; that if
adulterated coins be permitted to pass as the standard (above
44 COLONIAL PAPERS.
1706.
their intrinsic value) or be alterable at pleasure, it must have
the same effect as a general allowance of false weights and measures,
the consequence of which is deceit and confusion. You are
further to represent to the Assembly that there lies a particular
obligation on them to enforce a due obedience to H.M. commands
herein, for that the regulation of the rates at which foreign coins
are to pass was calculated from a law of their own. We approve
of your requiring the Receivers and Collectors of the publick
revenue to observe the directions of the said Proclamation in
their receipts and payments. You may likewise acquaint the
Assembly that it is absolutely necessary to settle a true and
uniform standard, in order to prevent clipping and coining,
and other deceits in the trade, by crafty and designing men,
by which means fair and honest dealing will be settled among
yourselves, and with your neighbours, and trade established
upon a solid foundation agreable to equity and justice. The
particular interests of some designing men ought not to over-
ballance these considerations. Since the writing of this we have
received your letters etc. of Nov. 1, 2, 3, and 15, 1705, wch. we
shall consider in due time. We observe that you have caused
the old seals of the Massachusets-Bay and New Hampshire to
be broke, but our Secretary in sending you the warrants for using
the new seals having omitted to acquaint you that the old ones
were to be returned so broken, to be laid before H.M. in Council,
we think fit to give you this notice that you may do the same
by the next opportunity. And we have according to your
desire represented the report upon the Mohegans etc. [see
Jan. 24]. Refer to Representation and Order in Council
appointing R. Waldron [see Dec. 20, 1705]. But not knowing
what other vacancies there are in the Council of New Hamp-
shire, we have not at present thought fit to offer that Col.
Hilton and Col. Smith be admitted members ; you did intimate
indeed, Aug. 5, 1703, that Nathaniel Fryer and John Ware
were superannuated, but you did not give us any account
whether they had forborn attending in Council, or whether they
had desired to be dismissed. We desire you therefore to give
us a particular answer hereunto, and that for the future we may
be informed of all the vacancies that may happen in that Council
whether by death or otherwise. Sir H. Ashurst having complained
to us that you had refused to admit his couzin, Peter Serjeant,
into the Council of the Massachusets Bay, tho' he was several
years chosen for that place, we desire you to let us know your
reasons. What you have writ relating to the disputes between
the Rhode Islanders and others, concerning the Narraganset
Country, as also the irregularities of Connecticut and Rhode
Island, has been represented to H.M. [C.O. 5, 912. pp. 114-124.]
Feb. 4. 86. Council of Trade and Plantations to Governor Lord
Whitehall. Cornbury. Acknowledge letter of July 8. We have not receiv'd
your letter of Nov. 6, which you referr us to, and therefore we
desire your Lordship upon all occasions to send us duplicates
of all your letters by different conveyances. We have considered
AMERICA AND WEST INDIES. 45
1706.
what your Lordship has acquainted us with, upon the Bill for
raising 1,700/., whereupon we observe that the Assembly was very
much to blame in disputing the Councill's amendments in that
Bill, for that the Councill has undoubtedly as much to do in the
forming of Bills for the granting and raising of money as the
Assembly, and consequently have a right to alter or mend any
such Money Bills as well as ye Assembly. In other H.M.
Plantations the Assembly do not pretend to the sole right of
framing Money Bills, but admit of the Councill's amendments to
such Bills, as there may be occasion. No Assembly in the
Plantations ought to pretend to all the priviledges of the House
of Commons in England, which will be no more allowed them
then it would be to the Councills, if they should pretend to all
the privileges of ye House of Lords here. Wee are also of opinion
that the Assembly have committed another error in the preamble
of that Bill, in not granting the money thereby intended to be
raised to H.M., which is more than the Assembly of the
Massachusets Bay under their Charter have presumed to do ;
and which need not hinder the Assembly of New York from
appropriating the money so granted to such particular uses as
are found requisit. We do further observe that the penalty
in the last clause of the Bill is of an extraordinary nature, such
as no Assembly any where else ever attempted before. It is
highly presumptious in the Assembly to pretend to propose or
pass any clause, whereby H.M. is restrained in her royal preroga-
tive of pardoning or reprieving her subjects, whenever she sees
it reasonable or convenient. Besides there are divers other
exorbitant severities in it which may occasion law suits and tend
to the distraction of families, of which there has been examples
in New York. The penalty ought rather to have been pecuniary
with imprisonment till the penalty be paid. We desire your
Lordship therefore to acquaint the Assembly with these matters
that they may avoid the like errors for the future. We do
likewise observe to your Lordship that when the Assembly raise
extraordinary supplies for particular uses (which is no part
of H.M. standing and constant revenue), they may be permitted
to name their own Treasurer. And such Treasurer may for such
supplies be made accountable to the Assembly and to the Governor
and Councill also. And such moneys may be issued by warrants
from the Colonells, Captains etc. according to the direction of
the Act, but the Governour ought always to be informed of the
occasion of the issuing of such warrants, and all persons concerned,
whether Colonells, Captains, Treasurer etc., ought to be account-
able to the Governour, Councill and Assembly as aforesaid. Now
having given your Lordship an account of what we think amiss
on the part of the Assembly, we hope no occasion has been given
by the Government for any just diffidence, and that your Lordship
has and will lay before them an account of all monies raised
by Acts of Assembly, when ever they shall desire the same, that
upon their being satisfyed with the right application thereof
they may be encouraged to raise further supplies towards their
own support and protection as is expected from them by H.M.,
46 COLONIAL PAPERS.
1706.
whereby an end may be put to the demands your Lordship makes
from hence of arms and ammunition for the defence of the country,
it being thought reasonable, that each Colony should make
due provision thereof for themselves. And we further recom-
mend that such moderate and perswasive means be used by
your Lordship with the Assembly, that H.M. subjects in that
Province may not be deprived of the succours that are necessary
for their preservation. We are glad your Lordship[s] is preparing
to spnd us the Minutes of the last Assembly, but as we have
receiv'd none from your Lordship, we desire that we may have
fair transcripts of all Minutes of Councill and Assembly, and of
all other publick Proceedings since your Lordship's Government.
Two friggats [see Dec. 6, 1705], having some time since been sent
to attend the service of New York, we doubt not but they will
be sufficient to protect the coast of New York from the French
privateers. The account of stores of warr expended at New
York your Lordship has sent us is not so particular as it ought
to have been, for by that we cannot tell what stores are remaining,
and therefore cannot ask for any to be sent till we know the
particular of what is wanting, and that your Lordship may be
the better enabled to give us such an account as will be necessary,
we send you here inclosed a copy of H.M. letter to you, which
we forwarded to your Lordship March 26 last, by which you will
perceive what sort of account it is H.M. expects. Unto which
we are to add that the Province of New York ought to provide
towards its own security by giving such necessary funds (as is
done in other Plantations), for furnishing the inhabitants with
arms, as there may be occasion. And therefore your Lordship
will do well to represent this matter to ye next Assembly. And
we must caution your Lordship that none of the publick powder
be spent in unnecessary salutes. It being thought fit that the
respective Plantations should provide themselves with Statute
Books and such small necessaries where they are wanting, we
have acquainted Mr. Sloper, your Lordship's Agent, therewith.
The new Seal for the Province of New York was sent to your
Lordship by Col. Nott. We have now under consideration an
Act we received from Col. Lodwick, declaring the illegality of the
Proceedings against Col. Bayard and Alderman Hutchins etc.,
which has no date to it, nor is it signed by your Lordship, so
that it does not appear when it was past ; whereupon we must
remind you of what we have formerly writ, vizt., that all Acts
ought to express the year of H.M. reign, in which they are pass'd,
and also have the time when they pass'd the Assembly set down
at the bottom, as well as the time when they pass'd the Councill
and received your Lordship's assent, which we desire your
Lordship therefore to be mindfull of for the future. H.M. having
thought fit to send Capt. Rednap to succed Col. Romer for the
finishing and repairing the forts and fortifications in New England
and New Yorke, and Rednap having been some considerable
time already in New England, your Lordship may, so soon as
he shall have finished his work there, send for him to attend
the service of New York. P.S. You are to return the old Seal
AMERICA AND WEST INDIES.
47
170fi.
to us, broken, by the next opportunity. [C.O. -5, 1120. pp. 384-
392.]
Feb. 7. 87. Order of the Queen in Council. Repealing Laws of
St. James's. Pennsylvania, upon Representation of Jan. 17 last. Signed,
John Povey. Endorsed, Reed. Read Feb. 26, 170$. 2J pp.
[C.O. 5, 1263. No. 64 ; and 5, 1291. pp. 332-335.]
Feb. 7. 88. Order of the Queen in Council. Representation of
St. James's, the Council of Trade and Plantations of Jan. 10, relating to the
misfeazances of the Proprietary and Charter Governments, is
to be sent to Mr. Secretary Hedges to receive H.M. further
pleasure, the matter contained therein being proper for the
consideration of the Legislature. Signed, John Povey.
Endorsed, Reed. Read Feb. 12, 170. 1 p. [C.O. 5, 1263.
No. 60 ; and 5, 1291. pp. 320, 321 ; and (with copy of Repre-
sentation enclosed) 5, 3. Nos. 24, 24.L]
Feb. 7. 89. Mr. Jackson to Sir C. Hedges. Duplicate of No. 74.
Endorsed, R. March 13, 1705(6). [C.O. 194, 22. No. 59.]
Feb. 8. 90. W. Lowndes to Mr. Popple. The Lord Treasurer refers
Treasury enclosed petition to the Council of Trade and Plantations for
their opinion. Signed, W. Lowndes. Endorsed, Reed. Read
Feb. 12, 170$. Addressed. 1 p. Enclosed,
90. i. Thomas Byerley to the Lord High Treasurer. Whereas
the Governor of New York has made an Order in Council
that H.M. thirds of all seizures condemned in that
Plantation shall be applyed to defray the charges of
prosecution, and the Commissioners of H.M. Customs have
lately signified to Petitioner that he ought to be account-
able for the same before them, notwithstanding he has duly
entred the same in his account laid before your Lordship ;
and whereas he is obliged by his office to prosecute
all seizures, notwithstanding the greatest part of tlit-in
are of so small value as not to defray one moyety of
the charge of prosecution, and whereas disputes frequently
happen by reason of preferences made and extraordinary
orders for payment of money, Petitioner prays that
Instructions may be given herein. Copy. 1 p. [C.O.
5, 1049. Nos. 3, 4; and 5, 1120. pp. 394-396.]
Feb. 8. 91. Council of Trade and Plantations to the Committee
Whitehall. o f the House of Lords. Enclose documents required, No. 77.
[C.O. 29, 10. pp. 26-31.]
[Feb. 8.] 92. Petition of the Agents of Barbados to the House of
Lords. Pray to be heard by Council in reply to Mr. Kirton etc.
(Jan. 25). 1J large pp. Set out, House of Lords MSS. t VI.
pp. 373, 374. [C.O. 28, 9. No. 32.]
Feb. 9. 93. W. Popple to Lt. Moody. Encloses copy of soldiers'
Whitehall. Reply, No. 79.i. You are to take the affidavits of such of the soldiers
48 COLONIAL PAPERS.
1706.
lately come from Newfoundland as may be in London, before a
Master in Chancery, as to the truth thereof, or to anything else
they may know as well in relation to Newfoundland as to Capt.
Lloyd. [(7.0. 195, 4. pp. 192, 193.]
Feb. 9. 94. W. Popple, jr., to Governor Nott. Since writing,
Whitehall. JP e b. 4, the Council of Trade and Plantations have received yours
of Dec. 24, but have not time at present to answer by reason of
the departure of the ships. [C.O. 5, 1361. p. 440.]
Feb. 9. 95. W. Popple to Governor Lord Cornbury. Encloses
Whitehall, packets for Col. Dudley ; and acknowledges letters of July 13,
Nov. 20, 26, and 27, received since Feb. 4. The Council of
Trade and Plantations have not time by reason of the departure
of the ships to answer the same ; they intend to do it by the first
opportunity. [C.O. 5, 1120. pp. 393, 394.]
Feb. 9. 96. W. Popple to Isaac Addington. Acknowledges letters.
Whitehall. [C.O. 5, 912. p. 125.]
Feb. 11. 97. Mr. Nelson to Mr. Popple. Encloses following to be
Boston, laid before the Council of Trade and Plantations. It is of great
ew ng and. j m p or ^o a ]| Gentlemen of honor, loyalty and distincktion in
this Country, as allsoe to the good establishment of the Church,
and being informed of the endeavors of a fraction who are buisie
to reinstate themselves into the Govermt., I have for H.M. service
thought it necessarie to inclose the case of our present Governor.
The tranquillitie of this Country, joyn'd with ye honor and interest
of the Crowne here, cannot in our apprehentions be better
preserv'd then under his conduct etc. Signed, J. Nelson.
Endorsed, Reed. Read Aug. 8. 1706. 2 pp. Enclosed,
97. i. The case of Governor Dudley. After 9 years' service
in the Isle of Wight, as Lieut. Governor, to a great
expence of his own, he was appointed Governor of the
Massachusets and New Hampshire by King William III.
His Commissions were renewed by the Queen.
The 4 great scales and his necessary equipage
amounted to 1,300Z. sterl. when he came away. In the
4 years of his government he has received of the
Massachusets Province 1,400Z. sterl., which will not
pay him his advance and find him a stable to put his
horses in. During these four years his annual expence,
house rent, servants, horses and a table amounts to
700Z. per annum. For the whole time of his administra-
tion hee has been in warr with the Indians, and by the
confession of all the People, the Indians were never before
so well kept off, or distressed and putt from all their
castles, planting and hunting, being removed some
hundreds of miles distance. There was never any
complaint offered against him but that which dis-
pleases is his care and attendance on the Church of
England, the strict pursuit of H.M. commands, for
AMERICA AND WEST INDIES. 49
1706.
the setting sallarys, the rebuilding of Pemmaquid and
the care of the Acts of Trade. Refers to his Reports
upon the Mohegin Indians and the government of Rhode
Island, which have greatly displeased the Governments
of Connecticut and Rhode Island. If he be now removed,
without any complainte againste him, it will be to his
very great damage and loss of his paste expences, being
therein greatly hurte in his estate and honour, etc.
to the great satisfaction of those two Governments etc.
2 pp. [C.O. 5, 864. Nos. 72, 73.]
Feb. 12. 98. Navy Board to [? the Admiralty]. In reply to enquiry
about Naval Stores, quote their Report of May 22, 1703, q.v.
2 pp. [8. P. Naval, 7. Under date.]
[Feb. 12.] 99. Copy of Report of the Committee of the House of
Commons on the Trade of Newfoundland. See Journal of House
of Commons, Feb. 12, 170. Endorsed, Reed. March 19, 170*.
7i pp. [C.O. 194, 3. No. 145.]
[Feb. 12.] 100. Mr. Roope to the Council of Trade and Plantations.
The men sent over this yeare to relieve ye Company in New-
foundland are many of them greene and rawe, wch. may occation
ye death of several!. Proposes that 30 be sent yearly as a reliefe
etc. Signed, John Roope. Endorsed, Reed. Read Feb. 12,
170. Holograph. 1 p. [C.O. 194, 3. No. Ill ; and 195,
4. p. 194.]
Feb. 12. 1 01 . Same to Same. If there should be a Governour
settled at Newfoundland it will prove fatal to the inhabitants
and the fishing ships. For whatever injustice he doeth committ
is nott easyly redressed. For the fishermen, as in all other trades,
have butt title more yn. ordinary bread, so yt. those poore men
cannot t spare time, nor indeed ye expences of a voyage hither
to gett justice against a designeing Governour, who still will get some
of those ignorant people, some by threats, some by faire promises
and falce storys, others by being made drunk, to signe, nay
sweare something in his favour (as I believe yr. Lordships to
plainely see in these two last yeares) and yn. cleare himself e, and
after yt. plague them tenn times woeree. And as [to] wt. is
suggested by Mr. Moody, yt. ye inhabitants would nott watch,
they desired to watch as they did in ye 2 foregoing winters, and
yt. he would nott agree too, butt stood to his first proposall of
haveing ye inhabitants to watch in ye fort onely. Proposes
that in the winter the people retire to places of strength within
their respective divition, bringing with them all their provitions
and effects, except those yt. bona fide are gonn a hunting or have
leave to goe to some remote place to saw boards, butt neither
one nor ye other to carry their familys with ym. That they
render themselves to sd. fortresses some time in 8ber, and every
yeare on Sept. 20 choose one among themselves to have a power
tike yt. of a corporate town, and 6 others to succeed in case of
Wt. 4912. C 4
50 COLONIAL PAPERS.
1706.
mortallity ; yt. those yt. cannott be present att ye election may
send theire vote in writeing ; and allso before ye shipps depart
there be a Militia setled by like election, ye Chiefe Officer of
wch., on advice of ye approach of ye enimy to followe ye direction
of ye Commander of ye Garrison in point of defence, butt nott
to be sent out of muskett shott of ye fortress ; that all the
Commanding Officers be yearely relieved from England, and yt.
they be all independent one of another ; that there be a good,
sober and well approved Minister yt. is nott given to drink setled
in each place. 2 pp. [C.O. 194, 3. No. 112 ; and 195, 4.
pp. 195-198.]
[Feb. 12.] 102. Duplicate of above with addition: As to what is
complained offe yt. the fishing Admiralls engross all ye inhabitants'
fish, it is the Amerricans who do not fish, but sell rum from
harbour to harbour etc. Presented to the House of Commons,
Feb. 2. Signed, John Roope. Endorsed, Reed. Read Feb. 25,
170f. 3J pp. [C.O. 194, 3. No. 118; and 195, 4. pp. 213-
218.]
Feb. 13. 103. (1) Affidavit of S. Paynter. Mr. Jones disturbs
the course of Justice in Bermuda. He did not come to return the
panel at the Quarter Sessions, and after waiting 2| hours the
Sessions had to be dismissed. The prison doors are set open
all day, and prisoners like Mr. Nelson might escape if they pleased.
Mr. Jones suffers Mr. Starr and Mr. Woodward to go at large,
tho' the Governor told him to secure them, etc. Signed, Stephen
Paynter.
(2) Similar affidavit, signed, Lewis Johnson.
(3) Similar affidavit, signed, Nathaniel! Trout (mark).
The whole endorsed, Reed, from Mr. Nodin Feb. 18, Read
March 4, 170f. 3 pp. [C.O. 37, 7. Nos. 14-16.]
[Feb. 13.] 1 04. Extract of Report of Committee of House of Commons.
That there be six convoys of 4th rate shipps of warr yearly for
Newfoundland, etc. Endorsed, Reed, from Mr. Blathwayt
Feb. 13, 170f. \ p. [C.O. 194, 3. No. 113.]
Feb. 14. 105. Committee of the Proprietors of the East Division
London. o f New Jersey. Refer to their application [1705] that their
Agent, Peter Sonmans, might be of the Council, and the
subsequent filling up of the Council. Mr. Sonmans arrived
in New Jersey six months since and acquainted H.E. with his
Commission for Agent, Genii. Attorney, etc., who received him
with great kindness. His Commission was read and allowed
by the Governour in Councill in August last. Yet some of the
unruly Scots and those of their faction, who are the informers
of the memoriallists here against the Lord Cornbury, opposed that
Commission, pretending they had the majority of the Proprietors'
power in them to constitute the Generall Agent. H.E. appointed
a day for the parties to appear. The Pretenders were not able
to prove their authority to exceed one Propriety and three
AMERICA AND WEST INDIES. 51
1706.
quarters to support their pretended majority of 24 (the original
number of Proprietors). Mr. Sonmans proved his Commission
to be above 6 times of more authority then theirs etc. The
Governour and Councill therefore confirmed it before a very
great audience of the Country to their great satisfaction, and
ordered it to be enter'd on record, H.E. also declaring that he
had orders by his Instructions from H.M. to admit the Proprietors'
Agent to be of his Councill, and did expect that Mr. Sonmans
had brought the Queen's letter of approbation with him. Yet
were these factious Pretenders so perverse and insolent as to
incite one Barclay, a Scotch man, to persist in receiving the
Quit-rents etc. of the Proprietors, he being one of their tools,
to whom they had presumed to give a Commission to be Receiver
Generall. Barclay resisted Mr. Sonman's Commission, until
H.E. issued out a Proclamation to make void his pretended
authority etc. Pray that Mr. Morris may be dismissed from the
Council and Mr. Sonmans ordered to be admitted to it by this
convoy. Signed, Wm. Dockwra, Sec. and Reg. Endorsed,
Reed. Read April 24, 1706. 2f pp. Fully set out, N.J.
Archives, 1st ser. iii., 129. [C.O. 5, 970. No. 38.]
Feb. 14. 106. W. Sloper to the Council of Trade and Plantations.
London. Reply of Lord Cornbury's Agent to the memorial of the
Proprietors of West Jersey. Signed, Wm. Sloper. Endorsed,
Reed. Read April 24, 1706. 5 large closely written pp. Set out,
N.J. Archives, 1st ser. iii., 133. [C.O. 5, 970. No. 39.]
Feb. 14. 107. Council of Trade and Plantations to the Queen.
Representation on needs of Newfoundland. See Acts of Privy
Council, II. pp. 500-504. Repeat in part Representation of
July 13, 1705. [C.O. 195, 4. pp. 199-207; and 194, 22.
No. 60.]
Feb. 14. 108. Order of Queen in Council. Six ships are ordered
Kensington, for the Newfoundland convoy and provisions for the garrison etc.
See Acts of Privy Council, II. pp. 500, 501. Signed, John Povey.
Endorsed, Reed. Read Feb. 26, 170$. 1* pp. [C.O. 194, 3.
No. 114; and 195, 4. pp. 218-221.]
Feb. 14. 109. Order of Queen in Council. Necessaries ordered for
Kensington, the Company at Newfoundland. Set out, Acts P.O., II. p. 501.
Signed and endorsed as preceding. 1$ pp. [C.O. 194, 3. No. 115;
and 195, 4. pp. 221, 223.]
Feb. 14. 110. Order of Queen in Council. The garrison at St. Johns
Kensington, to be made up to 200 ; prisoners at Placentia exchanged ; Militia
Officers to be constituted in the several harbours to enlist the
inhabitants ; officers of the Garrison and the Prize Officer
prohibited from trading. See Acts P.C., II. 502-504. Signed
and endorsed as preceding. 2 pp. [C.O. 194, 3. No. 116; and
195, 4. pp. 224-227 ; and 194, 22. No. 61.]
52
COLONIAL PAPERS.
1706.
Feb. 14.
Kensington,
Feb. 14.
Feb. 14.
Berwick in
*of
Feb. 16.
Feb. 16.
Feb. 16.
Jamaica.
111. Order of Queen in Council. Stores of war ordered
for St. Johns. See Acts P.C., II. p. 502. Signed and endorsed
as preceding. 2 pp. [C.O. 194, 3. No. 117; and 195, 4.
pp. 228-230.]
112. Copy of Mr. Jenning's Patent to be Secretary of
Virginia, Aug. 12, 1702. Countersigned, Wright. Endorsed,
Reed, from Mr. Corbin. 1$ pp. [C.O. 5, 1315. No. ^8; and
5, 1361. pp. 440-442.]
113. Gentlemen concerned in providing masts to the
Council of Trade and Plantations. Notwithstanding the heavy
warr that is upon us by the French and Indians, such has been
the care and conduct of the Governour, that the Indians in all
the parts near us are beaten and burnt out of their forts, and
their hunting and fishing destroy'd to that degree that the
husbandry and masting of this Province is secured and proceeds
to as good effect as in time of peace, and we have at no time
desired guards for the labourers about the masts, nor Garrisons
for the husbandry, but the Governour has immediately taken
care therein, and more often prevented us in our demands than
otherwise, so as the Province has been better defended than in
any our troubles heretofore. Pray for the continuance of his
Government etc. Signed, Ichabod Plaisted, Winthrop Hilton,
Richard Hilton, Ezek. Wentworth, Saml. Chesley, Philip Chesley.
Endorsed, Reed. May 31, Read June 1, 1706. Addressed. Sealed.
1 p. [C.O. 5, 864. No. 62 ; and 5, 912. pp. 149, 150.]
114. Affidavit of soldiers in Town lately arrived from
Newfoundland, as to Capt. Lloyd's mulcting them of their pay,
trading in H.M. stores, violent behaviour, Sabbath-breaking etc.
See March 29. 5 signatures. Endorsed, Reed. Read Feb. 26,
170f. 1 p. [C.O. 194, 3. No. 125.]
115. House of Commons to the Queen. Pray that orders
may be given for timely convoys to Newfoundland in detail.
See Commons' Journal, Feb. 16, 170f. Endorsed, Reed. Read
Feb. 21, 170f. Copy. 1 pp. [C.O. 194, 3. No. 119.]
116. Governor Handasyd to the Council of Trade and
Plantations. Acknowledges letter of Oct. 29. I shall serve
Mr. Dummer to the uttermost of my power, but as to his packett-
boats, I am apprehensive there is a great mismanagement in
loading them too deep, through which means I am of opinion
the Barbadoes miscarried : she ran ashoar on the Island of
Heniagoe, Dec. 28, on her voyage to England, as I have an
account by the Capt., who arrived here two days since with
all his men except his Lieut, and Chief Mate, in a small barke
they made of the rack of the packett-boat, after she was cast
ashore, and coming back to Jamaica with the mail and what mony
was shipt on board the packett-boat, which I am informed was
a very considerable summ, were taken by a French privateer,
AMERICA AND WEST INDIES. 53
1706.
who plundered them of their money (the mail being thrown
overboard) took the Lieut, and Chief Mate, and lett the Captain
and the rest of his men go. The goods they saved on the Island
they were cast away, and Mr. Dummer's Agent, Air. Wood,
and other persons concerned, are fitting out a sloop from hence
to fetch them, the goods being of very great value. We have
an account from the Windward Islands, of great preparations
the French are making at Martineco, as it is supposed either
to attack this Island or some other of H.M. Colonies in these
parts, they having called in their privateers, some ships are
arrived from France, and more are daily expected, the number
of them I cannot yet learn, or what forces they may have on
board, but by a letter from Curasao to a merchant here, I have
advice that 4 French men of war are arrived at Tobago, with
300 souldiers on board each etc. If their designe is on this Island,
I shall take all possible care to put every thing in as good a
posture of defence as we are capable of, etc., as Jan. 16. I shall
be obliged to lay an imbargo on all vessells after the packett
boat is sailed, till we have a further account of what the enemies'
designe is. Our men of war here are almost ready to go to sea,
but are in great want of men, and I am affraid if shipping does not
come in, I shall be obliged to press men on the Island to supply
them. The two additional Companys for my Regiment are not
yet arrived ; and we still want 150 men to com pleat our Companys,
70 men each according to the establishment, which I hope your
Lops., since we are so threatened, will take care we are supply'd
with. Encloses deposition of Dr. Ogle, physician to the fleet,
by which your Lops, will be informed of such hardships, as 1
never have met withall, and likewise my proceedings therein.
Prays for the Board's favour and protection on behalf of myself
and Regiment, that neither I as a Collonel may loose my post
in the army, nor my Regiment ite core. My Commission as
Brevett Coll. bears date June 28, 1701, and that for the Regiment
June 20, 1702, by which I believe I am now an old Collonell.
One of our privateers having taken a Spanish advice boat t\vo
days since, I send the most matterial letter that was found on
board translated into English. Signed, Tho. Handasyd.
Endorsed, Reed. 12th, Read 15th April, 1706. 2 pp. Enclosed,
116. i. Letter from a merchant at Cadiz, Dec. 20, to a
correspondent at La Vera Cruz re/erred to in preceding.
Our King hath not wherewith to pay one soldier etc.
Complains of taxation etc. Same endorsement. 1 p.
116. ii. Letter from a correspondent at Cura9oa to Mr. Gauticr
in Jamaica. Feb. 17, 1706. There is an imbargoe laid
here because there is daily expected at Martinique 16 men
of war and 4 briganteens laden with provisions and
ammunition, wch. are fitting out at Rochefort. This
news came by 4 ships of war arrived at Tobago, each
with 300 soldiers. The expedition is said to be against
this Island and Jamaica etc. Same endorsement. 1 p.
116. iii. (a) Copy of Deposition of Dr. Ogle. Jamaica,
Jan. 30, 170$. Capt. Jemisson, in company with
54 COLONIAL PAPERS.
1706.
Sir W. Whetstone, Capt. Allen and deponent, said that
the Governor told him there was an affidavit sent home
agt. him. Capt. Allen replied there would a great
many affidavits go home agt. the Governor of his
arbitrary and unjust proceedings, and that he was a
rascall and a villain, had neither honour nor honesty,
and that he would prove when he gott home etc., etc.
Signed, Nicholas Ogle. Subscribed,
(b) I must confess I was dissatisfied at Capt. Allen's
misbehaviour in running away from the two French
merchant ships, of 46 guns worth 100,000,000 of livres,
the other of 26 men with 100 barrills of indigo and a
great deal of money, and wrote my opinion to Admiral
Whetstone, etc., which I suppose was the occasion of
his speaking such scandalous words behind my back.
But I thank God nobody ever dared to say so to my
face, or justify it. The Magistrate by whom the
deposition was taken immediately issued out a warrant
for the apprehending of Capt. Allen, he being then
ashore. But as soon as I had notice of his barbarous
usage of me, I went on board the Montague to decide
the matter as a man of honour ought to do, where I
found Capt. Allen in such a submissive posture, that
if he had killed my father, I could not have drawn my
sword agt. him. He made reparation as follows. Signed,
Tho. Handasyd.
(c) I heartily beg pardon for any words or actions
by me said or done against H.E. etc. Signed, B. Allen.
Jan. 31, 170f. Copies. Same endorsement. 2 pp.
[C.O. 137, 7. Nos. 21, 21.i.-iii ; and (without enclosures)
138, 11. pp. 448-453; and (extract of covering letter and
duplicate of No. iii.) 137, 45. Nos. 74, 74.L]
Feb. 16. 117. Governor Handasyd to Mr. Secretary Hedges. I am
Jamaica, honoured with yours of Nov. 29, etc. I shaft take particular
care that the Spaniards have as much notice of [our glorious
success hi Catalonia] as possible, who I find generally very well
inclined to King Charles' interest, except such as are hi great
imployments with French officers, who are as spys over them
in all their actions. Repeats parts of preceding letter. The Island
is at present healthy again, but has been attended with great
mortality. Signed, Tho. Handasyd. Endorsed, R. May 21.
1 large pp. [C.O. 137, 45. No. 75.]
Feb. 18. 118. Mr. Bridger to the Council of Trade and Plantations.
Mr. Heathcote (Feb. 4) barely asserts every particular without
any proof or explanation. I do, with the result of my own
experience, say it is impossible, and he cannot performe any one
thing he aims at, etc. Signed, J. Bridger. Endorsed, Reed.
Read Feb. 18, 170f. Addressed. 1 p. [C.O. 5, 1049. No. 7 ;
and 5 ; 1120. p. 412.]
AMERICA AND WEST INDIES.
II
1706.
Feb. 18.
Cookpitt.
Feb. 18.
Cock Pitt.
Feb. 19.
Whitehall.
Feb. 19.
Feb. 20.
Whitehall.
Feb. 20.
Whitehall.
119. Mr. Sec. Hedges to Governor Nott. You are to permit
merchants' ships to sail from Virginia after the departure of the
convoy, without being embargoed there, in case a second convoy
be not sent to bring them away in Sept. Signed, C. Hedges.
Similar letter, mutatis mutandis, to the Governor of Maryland.
[C.O. 324, 30. p. 71.]
1 20. Sir C. Hedges to the Council of Trade and Plantations.
The House of Commons having given leave for a Bill to be brought
in relating to the Proprietary and Charter Governments in
America, I send you a draught of what has been prepared for
that purpose for your observations thereon. Signed, C. Hedges.
Endorsed, Reed. Read Feb. 19, 170$. 1 p. [C.O. 5, 1263.
No. 62 ; and 6, 1291. p. 323.]
121. Council of Trade and Plantations to Mr. Secretary
Hedges. Return preceding Act with some alterations. We do
not determine whither the last clause may not too much restrain
H.M. Prerogative. Annexed,
121. i. Amended Draught of Bill for the better regulation of
Charter and Proprietary Governments in America and
for the encouragement of the trade of this Kingdom and
of H.M. Plantations. 5 pp. [C.O. 6, 3. No. 27 ;
and 5, 1291. pp. 324-332.]
122. Heads of Complaints against Mr. Jones, Sec. of
Bermuda, delivered to Mr. Bradshaw for his answer, by the
Council of Trade and Plantations. Same as C.S.P. 1701, No.
797.ii., with additions ; (20) He hath falsely represented the
tempers and dispositions of the inhabitants. (21) Hath
rendered himself so very obnoxious, that the Council, to whom
he is by his Patent Clerk, refuse the doing business if
he attends them, being, as they say, the professed enemy to the
the people of that Island. (22) He occasions the stagnation of
all publick business, for the Courts will not proceed, if he be tlu-ir
clerk (see Oct. 9, 1705). (23) He has commenced his action
against one of the tenants as also against the Marshall, who
officiated during his suspension for the profits of his office
(June 29, 1706). 7J pp. [C.O. 37, 7. No. 13 ; and 38, 6.
pp. 148-151.]
123. Council of Trade and Plantations to the Lord High
Treasurer. Enclose accounts of the Board [see Dec. 25, 1705].
[C.O. 389, 36. pp. 310, 311.]
124. W. Popple, jr., to Mr. Lowndes. Reply to Feb. 8.
Mr. Byerly informs the Council of Trade and Plantations that
the charge of prosecutions of seizures in New York for irregular
trade was formerly defrayed out of the gross value before any
dividend made, but that he understands that an Order of Council
has been lately issued at New York, as Feb. 8, whereof thtir
Lordships have no information ; but if true, they are of opinion
56
COLONIAL PAPERS.
1706.
that the charge should not be taken from the Queen's part only,
but from the whole produce, according to the former usage.
[C.O. 5, 1120. pp. 413, 414.]
Feb. 20. 125. Order of Committee of Appeals. The Agent of the
Council Mohegan Indians to have copies of Sir H. Ashhurst's Appeal
wtdtehalf and Council of Trade's representation, and the parties to be
heard at the first meeting after Easter. Signed, John Povey.
Endorsed, Reed. Read April 2, 1706. f p. [C.O. 5, 1263.
No. 68 ; and 5, 1291. pp. 348, 349.]
Feb. 21. 126. Council of Trade and Plantations to the Queen.
Whitehall. Propose, as ordered Feb. 21, that the fishing admirals at
Newfoundland be reminded to keep a journal of ships etc. and
send a copy to the Privy Council. See Acts of Privy Council, II.
p. 504. [C.O. 195, 4. pp. 208, 209.]
Feb. 22. 127. W. Popple, jr., to Mr. Lowndes. Reply to Feb. 4.
Whitehall. The Council of Trade and Plantations find that Mr. Heathcote's
proposals, for providing certain quantities of Naval Stores at
New York, will engage the Crown in great uncertainties ; that
the transmitting to him of English goods to the value of 450Z.
sterl. for the building of each ship according to his proposal
will necessarily engage H.M. in the expence of maintaining an
officer here to purchase such goods and hold constant corres-
pondence with him there, and as to the iron-work necessary
for the said ships, he is not particular enough, either in the charge
thereof, or in the manner of sending it thither. They conceive
his proposals of making sail-cloth at New York not proper to
be encouraged, for that it will be more advantagious to England
that all hemp and flax of the growth of the Plantations should
be imported hither, in order to the manufacturing of it here.
They cannot think his proposall of having 6 soldiers out of each
Company advisable, especially during this time of war, for that
the safety of the Province will not admit of their being taken
from their posts, and the paying to his order here in England
and subsistence and pay of 24 men, proposed to be enlisted by
him, will cause great confusion in the accounts of the soldiers
there. The late Act for encouraging the importation of Naval
Stores was designed as a general invitation to all persons what-
soever to promote that undertaking ; and a compliance with
this or any particular proposal (in which the Crown is to be
concerned), will tend to the obstructing the publick benefit
designed by the Act. [C.O. 5, 1120. pp. 414-416.]
Feb. 22. 128. William Penn to the Council of Trade and Plantations.
Bridg? h 22d Encloses le tter from Lt. Gov. Evans and Address [see Nov. 9,
12 (Feb.') 170|. ^OS]. I also inclose the heads of a letter, instead of the former
to the Lieut. Governor, if you please to write one, which I think
would be an encouragement to the Governor, Assembly, and
better part of the Province and Territories, and a stroke on them
that have been both troublesome and culpable, especially those
AMERICA AND WEST INDIES. 57
1706.
you complained of in the late Reigne BO justly. I could be glad
of your advises and Letter to my Lt. Govr. to inclose them in
my Pacquet, to be sent by this opportunity. Signed, Wm. Penn.
Endorsed, Reed. Feb. 22, Read March 1, 170$ . 1 p. Enclosed,
128. i. Some Minutes for a Letter to the Lt. Governor of
Pennsylvania from ye Lords Comrs. of Trade. (1) That
instead of expressing their dissatisfaction that no care
has been as yet (?) taken for the support of the Governmt.
they are very glad to hear by ye Chief Governr.
that this Assembly has done themselves and the Country
the justice to grant some supplies for the support of
the Governmt. (2) That those persons should be
encouraged that have always, and now especially shewn
themselves ready to support the Governmt. and that are
not of violent and obstinate Tempers. (3) To express their
minds that the Duty on Tobacco be paid in Tobacco,
for want of money, as the Statute indulges. For the
Lords Comrs. may assure themselves that an over-
officiousness of the Officers to recommend themselves
must needs be the mine of the Plantation Trade, which
merchants too sensibly feel. 1 p. [C.O. 6, 1263.
Nos. 65, 65.i. ; and (without enclosure) 5, 1291. p. 336.]
Feb. 22. 1 29. Sir H. Ashhurst to the Council of Trade and Plantations.
Prays for copies and dates of Col. Dudley's letters complaining
of Connecticott's refusal of the quota and treatment of H.M.
Commission. Signed, Hen. Ashhurst. Endorsed, Reed. Read
Feb. 22, 170f. Holograph. 1 p. [C.O. 5, 1263. No. 63.]
Feb. 22. 130. Mr. Secretary Hedges to the Council of Trade and
Whitehall. Plantations. Encloses following for consideration. Signed, C.
Hedges. Endorsed, Reed. Read Feb. 22, 170$. \ p.
Enclosed,
130. i. Col. Quary, S.G. of H.M. Customs in America to the
Lord High Treasurer, Feb. 2, 1705(6). No trade
belonging to England is under worse management
than that of tobacco. Proposes such a regulation as
may be " for the interest of H.M., the planters and
merchants, now injurious to all." These Provinces
producing but one crop of tobacco yearly, one fleet
under a good convoy may bring the same home, which
would fix the price of tobacco in England and abroad
and people would buy briskly, being well assured no
other supply could come till next year. The late
distinctive and irregular way of severe 11 fleets dis-
courages the buyer and lowers the price, to the ruin
of all concern'd, for they depend on an after fleet's
bringing greater quantities then really there is, and
so defer ouying. If the outward bound fleet could
arrive about the beginning of Deer., the greatest part
of the crop would be stript and packt and be ready
to sail in April or May, by which damage to their ships
58 COLONIAL PAPERS.
1706.
by the wormes and sickness and the enemy will be
prevented. No single ships ought to be suffered to
run, which, if taken, encourages the privateers, lessens
H.M. Revenue and spoils our Foreign Marketts.
Perhaps there never was such an instance of 3 several
Fleets in 14 months' time, which has given such a fatal
blow to this trade as will hardly be retrieved, for several
thousand hhds. of Oronoko tobacco being worth nothing
to the owners, many of the Planters' Bills of Exchange
were returned protested, not above half the quantity
of our manufacture sent, to the great disappointment
and utter ruin of many in the course of trade, the present
war having deprived us of the trade with Spain, France,
Flanders and part of the Baltick. Those markets
are now largely supplied from Holland. Refers to
manufacture in Russia, confirming following. Signed,
Rob. Quary. 5 pp. [C.O. 5, 1315. Nos. 9, 9.i. ;
and (without enclosure) 5, 1361. p. 443 ; and (enclosure
only) 5, 3. No. 26.]
Feb. 22. 1 31 . Planters and Manufacturers of Tobacco to the Queen.
Your Majesty's Order put a stop to the manufacture of tobacco
at Moscow. Petitioners believe several persons are endeavouring
to set up the manufacture of tobacco there again, and to gain
the monopoly of importing it. Pray that directions be given
to H.M. Envoy at Moscow that he use his utmost endeavours
to obtain liberty to all your Majesty's subjects to import tobacco
in leaf, and manufactured here, into his Czarish Majesty's
Dominions, upon an equal and as reasonable a duty as possible ;
and that such measures may be taken for the prevention of any
manufacturers or utensils for manufacturing tobacco going into
those dominions or elsewhere beyond the seas, as your Majesty
shall think fitt. 65 signatures. Annexed,
131. i. Reasons against permitting manufacturers of tobacco
and utensils to be sent to Moscow. (1) The Czar's
subjects will become masters of the art, make their
own tobacco serve instead of our Plantation tobacco,
and engross the trade of the East. (2) Virginia and
Maryland imploy annually 300 sail of ships, which is a
good nursery for sailors, produces a considerable Revenue
to H.M. and advantage to the manufacturers of this
Kingdom, those Plantations taking off not less then
300,OOOZ. per annum of our course manufactures, and
imploy 200,000 poor of this Kingdom, besides what
are employed in the Plantations. (3) If the Czar's
subjects learn that art, it will necessitate the
Planters to find out other manufactures and cloiiMi
themselves, whereby the poor of this Kingdom will
be deprived of their subsistance. (4) The Tobacco
trade is under such discouragement by these practices
that for 5 years last past there hath not been exported
so much manufactured tobacco as was in one year
AMERICA AND WEST INDIES.
1706.
Feb. 22.
Admiralty
Office.
Feb. 23.
Admiralty
Office.
Feb. 25.
Whitehall.
Feb. 25.
Whitehall.
before, etc. (4) The exportation of tobacco into the
Czar's dominions by any persons exclusive of others
of your Majesty's subject* qualified by law is in effect
a monopoly, and contrary to the course and nature of
trade, and to the prejudice of all other your Majesty's
subjects, and will tend to the great damage of Virginia
and Maryland. Subscribed,
131. ii. H.M. refers preceding petition to the Council of Trade
and Plantations for their opinion. Signed, Rob. Harley,
Kensington. The whole endorsed, Reed, from Clayton,
Read Feb. 25, 170$. 1$ large pp. [C.O. 5, 1315. No*.
10, lO.i., ii. ; and 5, 1381. pp. 445-449.]
1 32. Mr. Burchett to Mr. Popple. In answer to yours of 21st.
The ships which go to New England this year to fetch maste
for the Navy are first to proceed to Lisbone with Navall Stores.
The convoy appointed is the Dover, which is to proceed to Lisbone
with the next squadron of H.M. ships bound thither, in all
probability about 3 weekes or a month hence. Signed,
J. Burchett. Endorsed, Reed. Read Feb. 26, 170|. J p. [C.O.
5, 864. No. 52 ; and 5, 912. p. 126.]
133. Council of the Admiralty to the Queen. Report on petition
of Newfoundland Merchants for convoy. The usuall convoy
has been 4 ships, two sailing in March, and two in May. All
possible endeavour should be used to support this important
trade ; but as there is and will be a very pressing occasion for
ships for other services, which 'tis to be feared cannot be all
provided for, soe is there likewise a great scarcity of men to
putt them into a condition for the sea. And there being at present
a general embargoe, it is humbly submitted to H.M. whether
the same shall be taken off from the Newfoundland ships, and
protections granted for their men as desired, and whether Petitioners
shall be gratified, according to their petition, with six ships of
warr for the security of their fleet. Signed, D. Mitchell, Geo.
Churchill, Clow. Shovell. Countersigned, J. Burchett. 2 pp.
[S.P. Naval, 7. Under date.]
134. W. Popple to Mr. Bradshaw. The Council of Trade
and Plantations being pressed for their report on Mr. Jones,
desire you to despatch your answer before Monday [see Feb. 19].
[C.O. 38, 6. p. 151.]
135. Council of Trade and Plantations to Mr. Secretary
Hedges. liefer to letter of May 16, 1705. The season now
approaching for the Commodore's going to Newfoundland, we
doe submit it to H.M. pleasure whether the Commission to
command in chief there should issue, as formerly, to him, or
whether he should be restrained as the last year. In case there
were not a competent number of fire-arms sent last year, according
to our letter of July 13, we humbly offer that they should be
sent by the first convoy. Autograph signatures. Endorsed, R.
March 1. 2 pp. [C.O. 194, 22. No. 62 ; and 195, 4. pp. 210-212.]
60
COLONIAL PAPERS.
1706.
Feb. 25. 136. W. Popple, jr., to Wm. Clayton and Tho. Johnson.
Whitehall. Encloses extract of Memorial from Col. Quary [No. 130.1.] relating
to convoys for Virginia and Maryland, and desires the opinion
of the merchants of Leverpool.
The like Letter to Major Yates at Bristol and Isac Milner at
Whitehaven. [C.O. 5, 1361. pp. 443, 444.]
Feb. 25. 137. W. Popple, jr., to Col. Blakiston. The Council of
Whitehall. Trade and Plantations having this day been attended by the
Virginia and Maryland merchants relating to convoys, and the
merchants not agreeing amongst themselves, desire you to
communicate inclosed extract of a Memorial [No. 130.L] for their
opinion. [C.O. 5, 1361. p. 444.]
Feb. 25. 138. John Anderson and other soldiers, lately returned
from Newfoundland, to the House of Commons. Give details
as to Lt. Lloyd's forcing the soldiers to trade with him at exorbitant
prices and to hire themselves out to the fishing. We have not
received any pay since Sept. 22, 1704, etc. 6 signatures. Endorsed,
Reed, from the House of Commons Feb. 25, 170f . 2 pp. [G.O.
194, 3. No. 121.]
Feb. 25. 1 39. Mr. Commins' Representation to the House of Commons
upon corruptions in the Trade to Newfoundland. Contrary
to the Act ships come from Portugal, unduly navigated, and
fish, bringing goods from Portugal. Ships that come early in
the spring take up more fishing room than they have occasion,
to serve their friends that come later. They do not come qualified
in their complement of men according to the injunction of the
Act to have at least one man in five never at sea before. No
ship should carry off any inhabitants or servants without publick
notice. Ships trading there, fearing the inhabitants are insolvent,
pillage their Rock for the saving of themselves. Describes abuses
as to shipping room, heaving ballast into the harbour, Admirals
not keeping Journals to send to the Privy Council, and the
observation of the Sabbath. The decision of civil matters ought
not to be in the hands of the Admirals. The inhabitants ought
to be under the Commanding Officer, whom the inhabitants of
St. Johns refused to obey for their own safety, having those
notions infused into them by the West Country Masters, that
he has no power over them. An established Government is very
necessary there. Proposals for the regulation of the price and
sale of fish and train oil. Men of war ought not to press men
from the boats of other harbours that are withdrawing their
effects for safety. Men of war should cruise from harbour to
harbour, etc. Care should be taken of the Irish there, for they
by our daily experience have proved very detrimental, taking
up arms for the enemy and giving information. If Placentia
were reduced, France and Spain would starve, etc. Endorsed as
preceding. 2 pp. [C.O. 194, 3. No. 122.]
AMERICA AND WEST INDIES. 61
1706.
Feb. 26. 140. Mr. Jackson to Mr. Popple. Encloses following. Signed,
Swallow Street, John Jackson. Endorsed, Reed. Read Feb. 26, 170*. Addressed.
Westminster, j p Enclosed,
140. i. Mr. Jackson to the Council of Trade and Plantations.
Prays to be heard face to face with his accusers. Signed,
John Jackson. 1 p. [C.O. 194, 3. No8. 123, 123.L]
Feb. 26. 141 . Mr. Campbell to the Council of Trade and Plantations.
London. Offers reasons why the Agent for Prizes at Newfoundland should
not be debarred from trading. Signed, Ja. Campbell. Endorsed,
Reed. Read Feb. 26, 170$. 1 p. [C.O. 194, 3. No. 124.]
Feb. 26. 1 42. Governor Sir B. Granville to [? Lt. Governor Johnson].
Barbados. I have the favour of your letter of the 18th inst. by Mr. Nivine,
who communicated to me allso what you writt to Capt. Stucley.
I did, as you desired me, give my opinion to him, but he insists
upon haveing a positive order from me, which I am no waies
impowered to give him. I am very impatient to hear of your
good success, etc. Signed, Bevill Granville. 1 p. [C.O. 28,
38. No. 44.]
Feb. 26. 143. Capt. Stuckley to Lt. Governor Johnson. I have
Deptford in received yours of the 18th, and should be as glad as any man
'Barbados!'' a ^ ve to be assisting to the relief of the Leeward Islands. My
orders from H.R.H. are to send [? attend} on ye Collony of New
England, and absolutely to follow Col. Dudley's orders, whose
were to me to convoy the Fleet bound thence to this place and
Salt Tertudoes, and back again. Should I neglect doing it,
I am liable to his just complaints of my breach of orders, and
the prejudice that will ensue to a fleet of 40 sail. My goeing
to Antegoa, etc. will of necessity disa point theire proceeding
to Salt -Tertudoes, and New England want as necessary an
assistance by that means as any it has, etc. as preceding. Signed,
H. Stuckley. Addressed. Sealed. 1$ pp. [C.O. 28, 38. No.
46.]
Feb. 28. 144. Mr. Secretary Hedges to the Council of Trade and
Cookpitt. Plantations. Encloses following for their opinion before laying
it before H.M. Signed, C. Hedges. Endorsed, Reed. Read
March 4, 170$. 1 p. Enclosed,
144. i. G. Ritter to the Queen. Francois Louys Michel, citizen
of Berne, having settled in Pennsylvania, has through
petitioner, citizen of the same town, persuaded a colony
of 4 to 600 Swiss Protestants to go and settle on some
uninhabited lands in Pennsylvania or on the frontier
of Virginia. Prays H.M. consent and protection and
that (1) they should be regarded as H.M. subjects ;
(2) that they should be settled on some navigable
river ; (3) that each Colonist have about 100 acres,
and the settlement be called Berne ; (4) that Orders
be given to H.M. Governor to advance them seed-corn
for the first year, to be repaid in 4 years ; (5) that they
62
COLONIAL PAPERS.
1706.
Feb. 28.
Whitehall.
March 1.
Whitehall.
March 1.
Whitehall.
March 1.
Whitehall.
March 1.
Whitehall.
have freedom to trade like H.M. other subjects ; (6) and
exemption from taxes for 10 years ; (7) freedom to
choose Ministers of the Gospel, and officers of justice
and police, under the direction of the Governor ;
(8) that, after public prayers for H.M., they should
be allowed to pray for the Republic of Berne, which
is allied to H.M. ; (9) that similar privileges be granted
to all who hereafter come from Switzerland to increase
that Colony ; ( 10) that they be transported with their
effects from Rotterdam at H.M. expense. Signed,
George Ritter. French. 4 pp. [C.O. 5, 1315. Nos.
14, 14.i. ; and 5, 1362. pp. 9-12.]
145. W. Popple to Mr. Jackson. The Council of Trade
and Plantations send you Mr. Clark's affidavit and Mr. Span's
letter for your answer. [C.O. 195, 4. p. 232.]
146. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclose informations relating to Major Lloyd to be
laid before H.M. In case H.M. shall think fitt to send a reinforce-
ment, as No. 110, it will be necessary that a proportionable increase
of provisions be forthwith ordered. [C.O. 195, 4. p. 233.]
147. W. Popple to Mr. Penn. The Council of Trade and
Plantations acquaint you that the matter of the Address referred to
No. 128.i., belongs properly to the Commissioners of H.M. Customs,
and that it will be expedient you make your application to them.
[C.O. 5, 1291. p. 344.]
148. Mr. Secretary Hedges to the Council of Trade and
Plantations. Mr. Macarty being dead, Mr. Richard Clayton
is proposed to succeed him in the Council of St. Christophers.
Enquires if there is any objection. Signed, C. Hedges. Endorsed,
Reed. Read March 4, 170f . 1 p. [C.O. 152, 6. No. 33 ; and
153, 9. p. 293.]
149. Council of Trade and Plantations to Governor Nott.
Since ours of Feb. 4, delivered to Coll. Quary, who returns by
the convoy now bound to Virginia, we have received 2 letters
from you, both dated Dec. 24, 1705. In answer to what you
write in relation to the laws, we think you ought to pass all laws
offered to you by the Assembly, that are not prejudicial to H.M.
prerogative, the good of the country, and not repugnant to the
laws of England, but upon your passing the same we desire you
to send them hither, as well those that have no alteration as the
others that have, with your observations thereupon, to the end
we may consider the same in order to our laying them before
H.M. for her allowance or disallowance thereof. We observe
the alteration you mention to be made by the Assembly in the
Revenue Bill for diminishing the allowance of the 2s. per hhd.
to Masters of ships, and are not satisfyed that this abatement
will be for the advantage of H.M. Revenue in England : for that
AMERICA AND WEST INDIES.
63
the encouragement for making due entries is thereby diminished,
and therefore we desire further information. As to what you
write that the abating something of 12 p.c. advance on the first
cost of the arms will facilitate the sale thereof, we think you
may use your discretion therein, so as H.M. lose as little as possible
by any such abatement. We take particular notice of what you
say about planting of cotton and flax in Virginia, which we think
very prejudicial to H.M. service, and therefore we desire you
will do all you can to discourage the same, by all lawful ways
and means, and particularly not to pass any law or do any Act
in Council to promote the same. As to what you write concerning
your Instructions that excludes any Counsellors from being
Naval Officers, and their thinking it hard they shou'd be at so
great trouble and charge, and yet be made incapable of any of
those places, that regulation was made upon Memorials presented
to us, extracts whereof are here inclosed, that you may examine
the same in Council, and enable us by your contradicting those
reasons to lay before H.M., what we shal thereupon judge most
proper in this Particular. We have under consideration the
pattenting of lands on the South side of Black-water, and do
think fitt that you do continue the late restriction made therein
without permitting any new rights to be granted, until you shal
hear further from this Board. And in all other occasions of
granting of lands you are to keep stricktly to the plain meaning
of your Instruction concerning the pattenting of lands. Enclose
Mr. Jennings' Memorial (Jan. 11). We think that the nomination
and commissionating the said Clerks is solely in the Secretary,
and that the Council of Virginia ought not to intermeddle therein
except in cases of misdemeanour or the misbehaviour of any
of the Clerks. [C.O. 5, 1362. pp. 6-8.]
March 2. 150. Mr. Bradshaw to the Council of Trade and Plantations.
London. The complaints against Mr. Jones [Feb. 19] were fully answered
(quotes Order in Council below), except the four last heads, to
which I desire Jones may be allowed a convenient time to send
an answer, or that a Commission may pass under the public
seal of Bermuda impowering some indifferent person, or persons,
to make a through examination. Three of those Articles are
such general accusations and mention such matters that doe not
seeme to be any offence, but the effect of prejudice ; the last
article is that he hath taken a legal remedy to recover what he
supposes is his right, which was never yet deemed a crime, etc.
Signed, Richd. Bradshaw. Endorsed, Reed. Read March 4.
1$ pp. Enclosed.
150. i. Order of Queen in Council, C.S.P., 1704, No. 258. 2 pp.
[C.O. 37, 7. Nos. 17, 18 ; and (without enclosure) 38, 6.
pp. 152, 153.]
March 4. 151. Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. Reply to March 1st. We have no objection to Mr.
Clayton. [C.O. 153, 0. p. 294.]
64
COLONIAL PAPERS.
1706.
March 4.
Barbados.
March 4.
Barbados.
March 5.
March 5.
Cockpitt.
March 5.
March 5.
152. Governor Sir B. Granville to the Council of Trade
and Plantations. By letters from Col. Johnson, dated Feb. 7,
I have an account that a French Fleet of 7 large topsail ships,
and as many sloops and brigantines as made up 36 vessels had
appeared in sight of Antego, and ply'd two days to windward,
in order, as he believ'd, to land there, but the ships not being
able to turn up, they bore away to leward, etc. Repeats news
of St. Kitts, etc. Col. Johnson desired I would send H.M. ships
to his assistance, and I did accordingly doe so. Signed, Bevill
Granville. Endorsed, Reed. 21st, Read 28th. May, 1706.
Holograph. 3 pp. [(7.0. 28, 9. No. 44; and 29, 10.
pp. 58-60.]
153. Same to Mr. Sec. Hedges. Repeats preceding. Acknow-
ledges letter of Jan. 15. I having sent last to Martinique about
the Torailles, and receiv'd such a positive answer from the
Governour, doe beleive it not proper for me to begin that matter
again, but that I ought to let the farther treaty of it arise on
their side, when it does I shall use the greatest caution in the
management of it according to your instructions. Signed, Bevill
Granville. Endorsed, R. May 21, 1706. Holograph. 4 pp.
[C.O. 28, 38. No. 46.]
154. Copy of Mr. Jones Patent from K. William III
constituting him Secretary and Provost Marshal of Bermuda.
Countersigned, Cocks. Endorsed, Reed. Read March 5, 170f.
2i pp. [C.O. 37, 7. No. 19 ; and 38, 6. pp. 153-155.]
155. Mr. Sec. Hedges to the Council of Trade and Plantations.
You are to prepare a Declaration for setling a Militia in New-
foundland (Feb. 14). Signed, C. Hedges. Endorsed, Reed.
Read March 13, 170|. 1 p. [C.O. 194, 3. No. 126; and
195, 4. p. 239.]
156. Contractors with the Czar of Muscovy to the Council
of Trade and Plantations. Wee have no such design as that
attributed to us [No. 131], neither do wee know of any that hath.
All our aim is to sell the tobacco wee have had severall years in
Russia before it perish, wherein wee hope H.M. and your Lordships
will afford us your best assistance. Signed, Nath. Gould, Sam.
Heathcote, Wm. Dawsonne, Edward Haistwell. Endorsed,
Reed. Read March 5, 170f. 1 p. [C.O. 5, 1315. No. 15;
and 5, 1362. pp. 12, 13.]
157. Mr. Bridger to the Council of Trade and Plantations.
Should i be silent on a thing of this nature, which is so very
distructive to the manufacture and thereby to the trade of this
Kingdom, I should not only be wanting in my duty but be guilty
of a crime above pardon for not acquainting your Lordships
of it, whose prudent and daily care, great wisdoms and constant
studdys for the publicke good would in some measure cheque this
growing thriving trade in New England, that's the manufacturing
1
AMERICA AND WEST INDIES.
81
1706.
of their own wool, which they have great quantitys of and
in order to this worke there is now entred 155 doz. of wool cards
since Dec. 3, last. Besides wool combs a great quantity, wch.
I presume are not to be exported, that commodity being entred
as wrought iron. I have observed that there is not the quantity
of woolens exported as usual, which must proceed from this
trade of making their own cloth in New England and no other
Plantation, and if not prevented will increase. Signed,
J. Bridger. Endorsed, Reed. March 6, Read April 1, 1706.
Addressed. 1 p. [C.O. 5, 864. No. 53 ; and 5, 912. pp. 127, 128.]
March 6. 158. Lords Proprietors of Carolina to Governor Sir Nathaniel
Johnson. We hereby make null and void, and require you not
to put in execution the Law for the Establishment of Religious
Worship according to the Church of England, etc. Signed,
Granville, Palatine, M. Ashely, J. Colleton, Jo. Archdale. [C.O. 5,
289. p. 111.]
March 8. 159. Merchants of Whitehaven to the Council of Trade
Whitehaven. and Plantations. Disagree with Col. Quary's Memorial (Feb. 22).
Being at a great distance from London, must go at a later season
than the Londoners, when the enemy's privateers dare not lie
upon our coasts, and therefore cannot receive any benefit of the
proposed one convoy outward. Propose 2 yearly convoys and
freedom from embargo for single ships. 24 signatures. 3 pp.
[CO. 5, 1315. No. 17.]
[? March 8.] 160. Governor Seymour to the Council of Trade and Planta-
tions. I could not omit my duty by this opportunity of the
Elizabeth of Liverpool, Edward Ratchdale Master, who has H.M.
letter of leave to sayle as he sees fitt with or without convoy,
to acknowledge the receipt of the Great Seal [May 3], whereupon
I got a competent number of the Council together, and with
their advice broke up the old one, and issued a Proclamation
to give notice thereof, etc. I likewise receiv'd H.M. royal
commands of the same date, requiring that I should recommend
to the Generall Assembly the passing of an Act for building of
towns, ware-houses, wharfs and keys, for the better advantage
of trade in this Province, which, being a matter of the greatest
consequence, as what I believe will render trade and navigation
here farr easier and cheaper, and conduce very much to the
shortning the time of the convoys and merchant ships tarrying
here, and prevent both men and ships seasoning and being
destroy'd in the country by the hott weather and worme, I thought
it adviseable to see what stepps were made by our neighbours
in Virginia, hoping that the good success it would meet there
might be a means to incite the Delegates here more readily to
concur therewith, and shall upon their meeting, which is intended
very early in the Spring, earnestly recommend it to them,
having great hopes of success, especially since we are told Virginia
have voted towns and ports. The situation and rivers of this
Province would require more towns and ports than only two
Wt. 4912
C 5
66 COLONIAL PAPERS.
1706.
in Puttuxent and Potomack, and one on the Eastern side of the
Bay, especially the seat of Government being so high up the Bay.
Refers to letter of July 3, 1705. Acknowledges letters of April 20,
1705. I have publish 'd H.M. most gracious resolve to open a
trade with Spain, tho I cannot see how any hence will adventure
on that commerce, however beneficial it may be to Jamaica
and the Leeward Islands, yet I hope the Act for the importation
of naval stores, which I have (together with the Act for prohibiting
all commerce with France) caused to be published in all parts
of the Province, will meet with a welcome reception, especially
in the three lower Counties of the Eastern Shore, being rich
lowland, and fittest for that produce, so that the inhabitants
will find it their interest to apply themselves to making pitch,
tar, etc. But in regard I am caution 'd by the Secretary of State,
to take care the people be not thereby diverted from making
tobacco, I shall be very cautious how we drive too fast, it being
my opinion that the Act had better extended duly to the
Carolinas, New England, New Hampshire, New York, the Jerseys,
Pennsylvania and the three Counties annext, especially the
first and last, which are of little or no emolument to the Crown,
and that Virginia and Maryland had been left out. Your
Lordships will find that H.M. order to transmit constant accounts
of the publick stores was complyed with by the last shipping,
and will be so by the next, etc. I was commanded by the
Secretary of State to give account to the Ordnance-Office of what
powder and arms sent hither from thence, and upon enquiry find
none since those in Col. Copley's time, which together with the
powder were blown up and burnt at St. Mary's in 1694, wherefore we
have so acquainted them. I hope, ere this, the several Journals
of the Council and Assembly with the Laws re vis 'd, sent by
Col. Quary, are come to the hands both of your Honble. Board,
and the Secretary of State, and will meet your approbation.
I must beg leave to lay before your Honble. Board what a great
disadvantage this Province lyes under in respect of the time of
the Commodore's sailing, which is generally farr later than what
is first given out ; wee not having any small vessell to advise
thereof, a particular instance of which great misfortune we have
too lately experienced in Commadore Clements, who upon his
am vail in Virginia, Aug. 13, 1705, wrote me word positively he
would sayle within 20 days, and that he could not allow above
48 hours for the distance of our shipps, so that very few from
this Province, under the diffidence of the possibility of getting
ready by that time, had the opportunity of his convoy : and
yet, to the great surprise of all, wee were told that he sayl'd not
till Oct. 8, so that for want of being well advised of his resolution,
many good ships which might have been ready, had they knowne
the time, lost the oppurtunity, and are forc'd to tarry in the
country, to the great damage of the owners and merchants-
planters, who would have been glad to have sent away their
tobacco, whilst good, to pay their debts, but more especiall loss
of the Revenue. I hope your Lordships will lay this matter
before H.M., in order to be remedyed, otherwise it will be the
AMERICA AND WEST INDIES. 67
1706.
utter undoing of the inhabitants here, who will be always fore-
staU'd in the market! at home by the Virginians. I hope your
Lordships will think it reasonable to represent wee should have
some small vessell here, which may be very necessary on these
occasions to prevent illegal trade. I must acquaint your
Lordships of a growing mischief many as well as myself seem to
foresee in this Province, which is the importation of so many
Irish servants, most of which are Papists, and those have an
interest already too formidable here, the soyle being in the Lord
Baltemore, whose Agents give great encouragement to their seating
here, and particularly one Mr. Charles Carroll has imported above
200 of them, with assurance of lands when their servitude expired,
and this notwithstanding the imposition laid on them by the
Act of Assembly to prevent the growth of Popery by the importa-
tion of too great a number of Irish Papists, so that unless some-
thing more effectual be ordered by H.M., this Province will by
far have too large a share of them, who in some few years may
prove dangerous. I have yet further to trouble your Lordships
in representing what seems to be the opinions of several of the
Courts of Law here (and especially the Provinciall, where all
criminal matters are handled) that the severall Statutes of England,
unless they expressly mention the Plantations, are not in force
here ; so that for want of a particular Act of Assembly, many
criminalls should escape, as in conventicles, rapes, bigamy,
Jesuites, and other ffelons. Its true H.M. Royal Commission
directs me to govern her subjects here according to the Laws
then in force, or which should afterwards be agreed to by the
Councill and Generall Assembly. But several have a notion
that the Charter of H.M. Royall Grandfather of blessed memory,
which grants to the Lord Baltemore to govern according to the
Laws to be agreed on here by the Generall Assembly freely elected,
is chiefly to be preferr'd, yet it seems absurd, that because the
Assembly have not made Laws sufficient to restrayne many
villanys, the offenders should be clear thereof, for want of a
particular Law of this Province to declare and punish the offence,
especially at this time of day, when severall have een executed
by those of H.M. Kingdom of England. In 1692 it was enacted
that where the Laws of this Province were silent, the Laws of
England should take place. And then I am told the Courts
seem'd to be at a greater certainty, but that clause being inserted
in an Act of Assembly of a differing nature, viz. Religious Worship,
and clogg'd with a Declaration that the Great Charter of England
should be in all points observed in this Province, did not obtain
the Royall Assent, but was disassented to, and never since re-
enacted, it having been started how prejudicial I such a Law
was to render those of England in force where the Laws of this
Province were silent, and urg'd that on the most trifling occasions
Habeas Corpora's and Writts of Error would be brought to remove
the bodies of the inhabitants to Westminster, but this to reasonable
men seems but a meer Buggbear, considering our Act of Assembly
preventing appeals to England under the value of 300J. sterl.,
and the defendants' free choice. Others who seem weary of this
COLONIAL PAPERS.
1706.
confusion are desirous by Act of Assembly to enumerate what
Statutes of England they think reasonable should be in force
here. But I shall be very cautious how I meddle with any such
Law to give up H.M. Laws of England to the disposal! of the
Legislators here, until your Lordships are pleas 'd to give me
your directions what is best to be done in this matter of so great
moment. I have formerly acquainted your Lordships that one
Capt. Richard Johnson had brought into this Province a French
prize called L'Ortolant, and now transmitt the proceedings of
the Court of Vice-Admiralty here, and condemnation thereof,
together with those on the prize Francois of Rochell, taken by
Capt. Edward Ratchdale, in the Elizabeth. The latter we were
fully apprized by H.M. Royal Declaration how it should be
disposed of, but as to the former we were a little in the dark,
not being fully assured, tho we did believe it to belong to H.R.H.
as a Perquisite of the Admiralty, yet hope the Judge's sentence
here will be sufficient to answer the end. Your Lordships shall
allways have a constant account of all occurrences here, for
H.M. service, and if you have at any time, or may think me too
long silent, I beg you will not impute it to any neglect of my duty,
but consider how seldom and uncertain this present war renders
the opportunities of paying my respects to you. Signed,
Jo. Seymour. Endorsed, Reed. June 12, Read July 1, 1706.
6 i PP- Undated, but referred to Aug. 2lst. Enclosed,
160. i. Proceedings of Court of Vice- Admiralty, Nov. 6, 1705,
relating to the Eochelle prize. Endorsed as preceding.
Seal of Vice- Admiralty, Maryland. 9 pp.
160. ii. Proceedings of Court of Vice- Admiralty, Aug. 24,
1704, relating to L 'Ortolan prize. Sealed and endorsed
as preceding. 4 pp. [C.O. 5, 716. Nos. 14, 14.i., ii. ;
and (without enclosures) 5, 726. pp. 380-388.]
March 9. 1 61 . List of ammunition, gun-carriages, tools, beds, blankets
Office of gent to Newfoundland March 14, 1705. 7 pp. [C.O. 194, 22.
No. 63.]
Ordnance.
March 11. 162. Lt. -Governor Bennett to the Council of Trade and
Bermuda. Plantations. Acknowledges letter of Oct. 29. I doubt not but
per packet boat your Lordships have had an account of the
transactions of the French in the West Indies more correct than
I can give it, therefore shall make noe mention thereof here.
This country is att present very sickly, and by calculation more
people have died within these 8 months than in five years before,
two were Councellors, Col. Walker and Mr. Spofferth. The
state of H.M. Council is as followeth. Capt. Richard Penniston,
Capt. John Tucker, never would act. Col. Charles Walker, dead.
Col. Anthony White, Capt. Tho. Harford, very much afflicted
with the gout. Major Michaele Burrows, Mr. Robert White,
dead, Capt. Benja. Wainwright, dead. Capt. St. George Tucker,
very infirm and much afflicted with the gout. Capt. Benn.
Hinson, lives 25 miles from St. Georges and is often missing.
Mr. Patrick Downing, very aged and not able to give his
AMERICA AND WEST INDIES.
M
1700.
attendance. Mr. Samll. Spofferth dead. So that there are but
7 Councellors remaining, and most of them infirm, and if they
would sitt and do business on the customary days, it would be
but seldome 5 of them could attend togeather. What I would
humbly propose is that the 3 undernamed gentlemen might be
added to the Council, viz. Capt. Tho. Brooks, H.M. Collector of
the Customes, Capt. Tho. Jenour, a considerable merchant,
and one of the principal inhabitants, Col. John Trimingham,
Collonel of the troop of Horse Granadeers, a merchant and has
a very good estate. By this addition the Queen's nor country's
service would be disappointed for want of a Council. A small
privateer fitted out from this place (which was the first that
went purely on that account) hath lately brought in here a French
ship of about 90 tuns, 4 guns and 17 men, loaded with sugar.
They met with her in latitude 28, comeing from Martinique
and bound to Bordeaux : the condemnation and appraisment of
which I will transmitt in my next. In confirmation of the
Council's report, relating to the produce of tobacco here, now
to my knowledge it is so much lessened, that it is frequently
brought from Virginia to supply the inhabitants, and the market
price is 9d. a ft. Mr. Spofferth (who was auditor of accounts of
the Revenue) some time before he died, was soe recovered as to
be capable of business, and told me he would proceed on the
Treasurer's accounts in Mr. Davis his time and since, but nothing
has been done therein. I have them in my custody, and when
the Councill wil sitt, they shall be by us audited and accordingly
transmitted, as also the acct. of stores, which is ready, all but
what relates to the Castle, the Capt. whereof has been sick, and
not able to give me his accts., but in my next I hope I shall inclose
them, and for the future be more regular than I could be hitherto.
Enumerates former letters. I transmitted Journals of Assembly
June 9, 1701 Sept. 8, 1705. They are very long, therefore
can't yet get a duplicate from the Clark. I have also ordered
the Secretary to prepare transcripts of the Minutes of Council
from my arrival. Signed, Ben. Bennett. Endorsed, Reed.
June 24, Read July 2, 1706. Holograph. 4 pp. [C.O. 37, 7.
No. 29 ; and 38, 6. pp. 196-199.]
March 11. 163. Same to [? Sir C. Hedges]. Acknowledges letters of
Bermuda. Nov. 2 and 29 last. Those orders have been complied with, etc.
I have sent an acct. of stores, and for the future will take what
possible care I can to make more regular transmitts. Repeats
part of preceding. Signed, Ben. Bennett. Holograph. 4 pp.
[C.O. 37, 26. No. 16.]
March 12. 164. Attorney General to the Council of Trade and Planta-
tions. Report on the Acte of the Leeward Islands, 1705.
Enumerated. (1) I am of opinion that the Act for making Indian
Castle a shipping place is not fit to be approved of. A new port
may be prejudiciall to H.M. Customs. By 25 Car. II the power
of appointing places where goods shall be landed is lodged in the
Treasury. (2) I have no objection against the Act for raising
70 COLONIAL PAPERS.
1706.
an impost on strong liquors imported, unless ye clause that no
other like impost shall be paid or received doe prejudice any other
customs payable for liquors imported there, if any such be, which
doth not appear to me. (3) The Act to settle the Secretary's
fees seems in ye design of it to be reasonable, but the clause that
lays 31 forfeiture for every time the Secretary takes more yn. the
ffee established by this Act is unreasonable, the party grieved
being to have one half of ye forfeiture on conviction, wch. may
be made by one Justice of the Peace on the single oath of the
party grieved, by wch. he is enabled to swear for his own benefit.
(4) There is the same objection against the Act to settle ye
Marshall's fees. (5) By the Act for regulating vestries there is
a power in ye Vestrymen to settle ye fees of ye Minister, Clerk
and Sexton, which may deprive the Minister of his just rights,
if any such have been before settled on him. And there is a
forfeiture on every vestryman yt. doth not appear on every
summons to ye Vestry without reasonable excuse such as shall
be approved of, and not said by whom, which is defective.
(6) The Act to settle the Militia is not fit to be approved of, for
yt. it leaves ye settling the Militia, their arms, etc. to a Court
Martiall, and obliges all males wtsoever., except the Councill
and Assembly-men, personally to appear at a monthly muster,
unless letted by sickness onely under a penalty, and allows the
exercising of Martiall Law at ye times of muster and exercising
in ye time of Peace, wch. is contrary to ye Law of England. Ar.d
one of ye Articles of Warr in this Act is, that a soldier blaspheming
a second time shall be bored through ye tongue with a red hot
iron, wch. may render them useless. (7) By the Act to settle
General Councils and Assemblies etc., all the laws and legall
customs now in force in each of the Leeward Islands and respecting
onely ye circumstances of ye same, are enacted to be and remain
in full force and virtue, wch. establishes what I cannot judge of
without perusing all ye Laws passed in each of those Islands,
and if they are in force, they do not want this confirmation.
The power of making Laws in the Genii. Assembly of all the
Charibbee Islands being erected by this Law, and such Laws
that shall be made being enacted to be binding to all the Islands,
it may be questioned whether H.M. approbation be necessary,
wch. ought to have been taken care of in this Bill. (8, 9, 10)
Three Acts to make other laws, made in ye particular Islands,
in force in all the Charibbee Islands, having not seen those Laws,
I cannot give any opinion. (11) The Act to secure the payment
of the Ministers' dues, giving a power to suspend Ministers, and
applying the profits of their livings to the use of their respective
parishes, and that notice shall be given to ye Bishop of London
for his directions ; the power of the Bishop should have been
explained to be to confirm or anull ye suspension and to restore
ye Minister to his living and the profits thereof. But of this Law
his Lordship will be best judge. (12) The design of the Act
for supplying ye want of fines, and recovery s and for making deeds
duly executed before any of H.M. Justices of ye Court of Common
Pleas in England or Ireland or any of these Islands equivalent
AMERICA AND WEST INDIES. 71
1706.
to fines and recovery a duly levy'd in any H.M. Court j of Record
at Westm., is good and necessary, but is somewhat defective
in ye penning ofit. Details given. (13) By the Act for preventing
tedious and chargeable Lawsuits and for declaring the rights of
particular tenants, the Common Law of England as farr as it
stands unaltered by any written Laws of those Islands, or of
some of ym., confirmed by H.M. or her Predecessors or by Acts
of Parliament in Engld., is made to be of force in each of the
Charribbee Islands, and to be ye certain rule, whereby the
rights and propertys of H.M. subjects there are and ought to
be determined, and that all customs or pretended customs and
usages to the contrary are void. So generall an enacting the
Common Law of England to be in force in ye Plantations as a
certain rule, whereby the rights and propertys of H.M. subjects
there are to be determin'd, is not fit to be confirmed, the same
intrenching on H.M. Prerogative, which is different in those
places from what it is in England, besides it cannot be readily
foreseen what is effected by so generall a clause, but it will be
fit to have such establishing of ye Common Law of England
to be explained by referring to particulars. As to the Acts
(14) for raising a levy, (15) ascertaining fees of the justices, (16) to
prevent accidents of fire through throwing squibs or other fireworks
in the towns, (17) making the Act of Parliament, allowing the affir-
mation of Quakers, in force there, and (18) obliging Joseph Crisp of
St. Kitts to account to Nevis, Antigoa and Mountserrat for sundry
goods intrusted him, I find nothing therein disagreeable to Law
or Justice, or prejudiciall to H.M. Royall Prerogative. Signed,
Edwd. Northey. Endorsed, Reed. March 14, Read May 1, 170$.
9$ pp. [C.O. 152, 6. No. 42.]
[March 12.] 165. Mr. Thurston's estimate of necessaries wanting for
the additional 100 men for Newfoundland. Endorsed, Reed.
Read March 12, 170$ . 2 pp. [C.O. 194, 3. No. 127 ; and
195, 4. pp. 234, 235.]
March 12. 166. Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. The Chief Fort and the South Battery can receive the
200 soldiers necessary to defend St. Johns. Bedding, bricks
and materials for building chimneys for the officers, boards, etc.
will be needed. The men ought to have good clothing, with
an addition of surtouts for that cold climate, and 20 watch-
coats for the centinels upon duty. Victuals, money for
subsistance and coals as ballast by the sack ships should be sent, etc.
[C.O. 195, 4. pp. 236-238.]
March 12. 167. President, Council and Assembly of Nevis to the
Nevis. Council of Trade and Plantations. By the enclosed relation
of the proceedings of the French fleet and Petition to H.M.,
your Lordships may easily perceive the imminent danger we
were in, how it pleased God to deliver us, and what apprehensions
we are still under of ye sudden returne of our enemy againe upon
us. The hopes we conceive of your Lordships' countenancing
72 COLONIAL PAPERS.
1706.
our Petition and H.M. gracious compliance with the same, are,
however, great supports to us in ye condition we are in. Your
Lordships very well knowes we have a potent enemy to deale
with that neglect no opportunity to effect their designs, and
theire intentions at this time where wholy at first against us
whom the[y] threatn'd to plunder, burn and destroy. As our
wants are great, having spent most of our powder and shott of
all sorts, so the danger we are yet threatned with, presses hard
for a speedy supply, for should it come too late, and we be
attacqued in ye meane time may perhaps be of fatall consequence.
Therefore we presume to putt ourselves under your Lordships'
patronage, most humbly begging your assistance with a favourable
representation of our case to H.M. that soe we may obtaine what
we petition for, and that ye said gunns and stores may be speedily
sent us while we are yet a people, and then by the help of God
we doubt not but to defend and keep this H.M. Island against
all her enemies, etc. P.8. We are heartily sorry that we are
forced to take notice to your Lordships that ye 500 musketts
sent us some time since out of ye Tower proved so bad when
we came to use them that not above one in foure were fit for
service, which was a great disappointment to us at that time.
We further crave leave to represent how very weake some of
ye Companies of H.M. Regiment are, (two of which are onely
upon this Island) having had few recruits from England since
they were in these parts, and those Companies yt. are full are
kept soe by reason of ye officers inlisting the poore men of this
Island and our servants as theire time expires, which we conceive
to be a great detriment to us, and therefore we beseech your
Lordships that no more may be here inlisted. Signed, Wm. Burt,
Peter Belman, Speaker, John Ward, Tho. Goare, Saml. Gardner,
Tho. Bridgwater, Wm. Child, James Burdue, Samuel Browne,
John Richardson, Wornell Hunt, Joseph Symonds, Richd. Abbott,
,: Wm. Buttler, Jas. JBevon, Aza. Pinney, P. Andrews, Thomas
Butler. Endorsed, Reed. 21st, Read May 22nd, 1706. 3 pp.
Enclosed,
167. i. President, Council and Assembly of Nevis to the Queen*
We have escaped a most dangerous invasion, etc. We
were much lett and hindered, by reason the guns in all
out Forts are too small, the enemy throwing at us shott
that weighed 22, 24 and 26 fl5., when we could fire but
9 and 6 pounders, having not above 3 or 4 guns in all
the Island that carry a larger ball. Pray H.M. to
send them twelve 24 pounders, twelve 18 pounders
and twelve 12 pounders and 12 nine pounders with
carriages and 100 barrels of powder and shot in propor-
tion for each gun. Also six small field pieces, 4 pounders,
with carriages and harness, etc. Signed and endorsed
as preceding. 4 pp.
167. ii. Journal of proceedings of the French at Nevis and
St. Kitts. About Christmas we received news of an
intended attack. The Council and Assembly was called
and one negro out of every 30, was ordered to repair the
AMERICA AND WEST INDIES. 73
1706.
breast workes, trenches and fortifications. The Militia was
prepared. About the middle of January a privateer sloop
Capt. Christopher Akers, sent out for news, reported
several of the enemy's fleet off Doniinico, and Jan. 27
another sloop reported them off Guardaloupe. For
some days we were in doubt as to whether this fleet
might not be the convoy fleet from the Northward
for Barbados. But on Feb. 5 they were seen standing
down towards us, and alarm guns were fired twice
round the Island. Enumerate fleet as in following
5 large ships of war, 2 small frigates, 5 brigantines
and 19 sloops. They kept without gunshot of our
forts, and came that evening to an anchor against the
Old Road Fort neare a league from the shore. This
evening about 8 the Medway prize weighed with design
to go to Antigua, but was followed too close by a 60 gun
ship of the enemys, which sayled two foot for her one,
that she had been taken, had she not beene within
reach of the guns of Pelican Point Fort, who fired soe
briskly at the French ship that she was forced to beare
away, by which meanes the Queen's ship tack'd about
and soe got safe into the Road againe. Feb. 6. They
took great numbers of men into small boates, as if they
intended to attack us, but the wind blowing very fresh
and farr northwardly occasioned a greate cockling
sea and a high surfe on shoare, and the greate readiness
they observed all along our trenches, as also the several
forts being soe neare one the other, that let them land
where they would, they must be exposed to the shott
of two Batterys at once, they desisted, etc. This gave
us time to put things in better order. By the greate
resolution and cheareful willingness of everybody, as
well souldjers as officers, being all as one man (the very
negroes not excepted), but more especially by the greate
care, conduct, and indefatigable industry of Col. Richard
Abbott, who commanded the Island, things were brought
to that pass by Thursday (7th), that wee noe ways
doubted but to beate the enemy off, should they attempt
to land. That night the enemy sounded in their boates
the water all along the Greate Bay from Black Rock
to Coles Point, still keeping without gun-shott. This
day Capt. Akers came in from Antigua, having been
chased into Antigua by two of the enemy's sloopes,
which he fought 3 hours before he could get cleare of
them, two other of the enemy's sloopes endeavoured
againe to take him, but Akers kept close along shoare
under our gunns, and after a greate many shott were
exchanged and little or noe damage done on either
side, he got in safe. He brought letters from the
Commander in Chief that he was coming to our assistance
with men of war from Barbados etc. Akers was
sent back to Antigua with answers next day. Feb. 8,
74 COLONIAL PAPERS.
1706.
about breake of day, the enemy with two ships of warr
came within shott and fired their broadsides against
the forts and trenches between the Old Road Fort and
the Fort at Coles Point. Wee having lately made a
new Fort at the Cotton Tree, in the midway betweene
the two former, all which three Forts kept constantly
firing at them, and was believed and since confirmed
by some deserters, did them considerable dammage
in their hulls and rigging (and as is credibly reported,
killed their Vice-Admirall and 8 men) but thanks be
to God, wee reed, noe loss at all. A French man and a
negro were privately landed in the night in a small
bay S. of Long Point, which sett the canes on fire at
Dobin's Plantation, and the next two nights at Holmes'
and Walker's Plantations, but was put out againe without
any greate dammage ; this was to be the signall for
the enemy to land, and they had 1,100 ready in their
boates to have landed this morning dureing the said
action and signall, but they did not attempt it. Feb. 9.
They lay very still, only severall of theire small craft
went to and againe between St. Christophers about
Buggs Hole and the moreings. In the night one or two
of theire men of warr, and some sloopes came within
shott of our gunns, and wee fired at them from Johnson's
Fort, Black Rock Fort and Pellican Point Fort, and
placed 9 shott in the hull of one of them, four betweene
wind and water, which caused her to toe of with her
boates ; what their designe was, wee know not, unless
to see whether it was possible for them to cutt or burne
H.M.S. Medway prize, and the merchant ships that were
in the Road (but they found it would be too hott service
for them and soe desisted, tho their boates were maimed
all the time). Feb. 10. They continued all day very
quietly in theire old station. Feb. 11. This morning
the Enemy were weighed and gon from us to
St. Christophers. Capt. Akers and another sloope came
from Antigua with 40 of the Queen's soldiers. He
was chased in by a French man of warr and a sloope that
cruised to windward. Feb. 12. Two deserters gave
us an account of the dammages done by the enemy and
of theire strength, which, as they affirmed, was 1,800
land souldjers from Old France and 800 from Martinico
and Guadeloupe ; that they actually landed 2,500
effective men at St. Christophers, and that theire main
designe and first intentions was against Nevis. Feb. 14.
The French man and negro were tried by a Court Martiall,
found guilty of being spies and setting the canes on
fire, and executed. Feb. 17. The Enemy left
St. Christophers and sailed away to windward, etc.
Wee attended their motion all that day along our coasts
still firing at them when ever any of theire vessells came
within reach of any of our forts, till they were quite out
AMERICA AND WEST INDIES. 75
1706.
of sight, and soe thanks bo to God, wee got ridd of a
troublesome and dangerous enemy. Feb. 26. This
day wee sett apart to returne thanks to Almighty God
for this greate deliverance. Feb. 23. Our Commander-
in-chief came from Antigua with the Greyhound and
the two men of warr from Barbadoes, but noe merchant
shipps of force as was promised, stayed 2 days, then went
to St. Christophers, and after that up to Antigua again.
Account of Forts lately built and charge thereof, etc.
About 14,OOOJ. Signed, Geo. Cheret, Sec. and Clerk
of Council. Solomon Israel, Clerk to the Assembly.
Endorsed as preceding. 10 i pp. [C.O. 152, 6. Nos.
45, 45.i., ii. ; and (without enclosures) 153, 9. pp. 356-
359.]
March 13. 168. Lt.-Governor Johnson to the Council of Trade and
AntigoB. Plantations. In my last I acquainted your Lordshipps of a
French fleete I had inteligence of by way of St. Thomas, which
is now in some measure verifyed, for the 4th ultimo there appear 'd
betweene this Island and Montseratt 7 shipps of warr, and
23 brigandines and sloopes, which insulted our coast, endeavouring
to cling the shoare, but the wind blowing very hard northerly
the shipps were beaten off, while severall of the small craft got
under the land, sounding our bays and harbours. The 5th about
noone the signall was given for the small vessells under our shoare
to fall down to leeward, the shipps not being able to turne up,
and then all boare away directly for Nevies, where they anchor d
in the evening before ye towne, and tho the enemy during their
stay there, had at one time 1,000 men in their botes to land,
yet being inform'd I had throwne in forces on the back of the
Island from Antigua, which was really soe, and perceiving the
roughness of the fortes, plattformes and trenches, which were
observ'd to be well* lin'd, 'twas thought adviseable to remand
them on board. Before that place was 5 dayes spent without any
reall action, more than the exchanging great shott daily betweene
the ffortes and the enemye's shipps, with some dammage on their
side, but none on ours. The 10th at night the whole ffleete weigh 'd
anchor and sayled for St. Christophers, where the llth they
landed 2,300 men in three severall places, which notwithstanding the
disposition of the forces (being between 600 and 700 men)*made
by the Lieut. Governor, together with his good conduct
otherwise, gave the inhabitants such an amuzement, as the Enemy
thereby without little or noe bloodshedd, on either side, soone
became Masters of the Island, except ye Fort and Brimstone
Hill, to which some of our forces retir'd. On the Fleete's going
to St. Kitts, that Island was soe guarded by the enemy, that
'twas out of my power for want of a cover to land a number
of Forces from any other Islands to their assistance, the
Greyhound being then on the carine here and the Medwayes prize
block'd up by the Enemy at Nevies, for the destruction of which,
and the merchants shipps there, a small fire vessell was fitted,
tho' the project not putt in execution. Immediately on the Fleetee
76 COLONIAL PAPERS.
1706.
parting from our coast to Leeward, I dispatched two good sayling
sloopes to Barbados as expresses to Sir B. Granville for the assistance
of the two frigatts attending that goverment, which was readiely
and chearfully granted ; I also twice sollicited the help of the
Deptford, Capt. Stuckley, ariv'd there a convey from New England
with a Fleete bound for Salt-Tartudoes, which tho' ye safety
of H.M. Leeward Islands in great measure depended thereon, as
I at large sett forth to him, he could not be prevail'd upon ; as
your Lordshipps may perceive for the reasons given boath by
Sir Bevill and him in their letters to me, which have herewith
sent. Monsieur Chevaniack, who commanded the French Fleete,
after being at St. Kitts 7 dayes, burning great part of the canes,
houses, workes ; destroying a great number of horses and cattle,
and taking off about 300 negroes, precipitatly embarqu'd his
Forces at midnight, and tooke his departure thence Feb. 18,
with the whole fleete for Martinica, in great disorder, having
3,500 men on board, of which 1,500 were privateeres of the French
Islands. The surprize of the Enemy at their leaving the place
was so great that they left store of plunder as coppers, mill-
worke, etc. at sea side, not affording themselves time to carry it
off ; the true reason of which I am as yet at a loss to learn, except
occasion'd by some account they had themselves of a Force
coming against them directly from Europe ; or that it was caus'd
by a letter of mine to the Governor of St. Kitts, which was
intercepted by the Enemy the afternoone before their embarquing
in which I assur'd the Lieut. Governor he might depend on being
sudenly reliev'd by the two men of warr attending this
Goverment, the three Frigatts from Barbados, and a number
of vessells and menn from this Island and Montserrat, ready
to joyne the Frigatts on their arrivall. Immediately on the
arrivall of the two Frigatts from Barbados I joyn'd them with
the Greyhound and what Force was ready here, and putt to sea
in person, with intent to give bur Friends the best assistance
I could ; but spying a Fleete of small vessells plying to the
Southerd of Montserratt, which wee suppos'd to be some of the
enemyes in their returne home, and which prov'd soe, went in
pursuite of them, but they having the start of us, and the wind-
ward gage, had the good fortune to gaine their port before could
cutt them off the shoare. Since the returne of the Frigatts from
that attempt, so well as before, noe endeavors have beene wanting
in the inhabitants of the severall Islands (those of St. Kitts
excepted, being an unsettled sort of people) to putt themselves
into the best posture can be expected ; and are at this time
vigorously carrying on their trenches, breast-workes, and other
fortifications, even to the loss almost of their present cropps,
which are very promising. Sloopes well man'd are constantly
kept out, at the publick expence of the Islands, to observe the
enemyes motion ; and noe charge is scrupled at present for the
common security, in hopes some effectuall care will be taken
in order to their preservation in the future. The intollerable
pressures boath on the persons and interests of the inhabitants,
by the little that's made of the one, and the constant fateague
AMERICA ANT) WEST INDIES. 77
1706.
and hazard of the other by frequent alhrmes and continual!
guarding ; together with the vast taxes unavoidable in this
time of warr, causes so great a discouragement to traders as well
as themselves, that 'tis fear'd the event will prove very dismall ;
for all the endeavors those willing people can use will availe
little to their safety for want of sufficient numbers on shoare,
or an agreeable force at sea ; which consideration has already
oblidg'd maney to think of quitting their settlements. The
whole Fleete now remaines at Martinica, where wee have repeated
advices there is daily expected Monsieur Eberville to joyne them
with a squadron of 8 men of warr and 2,000 land-forces,
with a design to make a genera 11 attack on these Islands. The
enemyes shipps now here, by the advice wee have, sneak'd from
Prance one after another, and were a month at Tobago, where
they mett together before the inhabitants of the French Islands
(except the Generall at Martinica and a few more) were anywayes
appriz'd of them ; and after such secret methods their Fleetes
are form'd abroad, the better to surprize us in their undertakings,
when the Court of England can scarce possibly have any timely
intelligence of it. On the whole matter (I am sorry there is too
much reason to assert it to your Lordshipps) except three good
sayling Frigatts do constantly attend this Goverment, the like
number Barbados, and those in the Northern Collonies in the
winter, when they can be no wayes serviceable there, be also
appointed to cruize among the Islands, they will be subject to
continuall insults, if not in a short time to downeright mine,
for I do assure your Lordshipps, that during the present warr,
practices of this kind have beene soe frequently repeated by
the French, being also powerfull in privateeres, that all men's
interests within this goverment are thereby render'd soe very
precarious and their persons soe continually fateagued and
harrassed that unless some meanes by way of prevention be
speedily found and putt in practice, 'tis with a great deale of
trouble and concern I give your Lordshipps to understand these
promising Collonies will be soon deserted, to the great prejudice
of navigation in perticular, and the interest of the Nation in
generall, if not in the end prove soe fatall a catastrophe, as to
cause one of the fairest Jewells to dropp from the Crowne. I
feare I have beene too tedious, but the readierly hope for your
Lordpps.' pardon considering the subject matter relates to the
publick welfare ; for which cause I have been forward to be
perticular ; that as well the by-past as present circumstance
of these Leeward Islands may be boath timely and justly lay'd
before H.M., etc. This goes by an express to overtake the
Prince George packett, which I misst coming here from St. Kitts,
what letters I have from your Lorpps. by her as yet I know
not, nor can I (if any) soe timely as to give an answer by this
opertunity. A list of the French ships which lay before Nevies
and St. Christophers : Qunna.
Le Qlorieux . . 72 M. Chevaniach (de Chavagnac).
Le Brillian .. . . 72 M. Count Swizell (le Comte de
ChoisseuLs).
78 COLONIAL PAPERS.
1706.
Gunns.
L' Apollo . . . . 60
The Frances [or La Fidele] 58 M. Gaberett.
The Carvett . . 44 M. Dunstree [or Darshie].
The Nepthion . . 20 [? Nymphe or Neptune].
A great hospitall shipp, what force I know not. Signed,
Jon. Johnson.
P.S. Subscribed is a list of the present Councill of this Island
all which if I mistake not are already appointed or approved
of by H.M., except the last three, which I have some time past
nominated and sworne, being men of very considerable fortunes,
knowne worth and integrity. I was in a manner oblidg'd to
fill up the number, especially in these times of danger, most
persons of ability being under a necessity of taking several
employments on them for the publick security, by which meanes
the Gentlemen of the Councill acting in a double or threefold
capacity, it has often proved difficult to gett together a sufficient
number to consult for the common good. If your Lordpps.
were throwly senceible what a handful! of people wee are, this
is not to be admir'd. I hope and desire therefore your Lordpps.
will think it reasonable to gaine H.M. approbation of them ;
being also gentlemen of the best characters and fittest capacityes
here to serve in that station. Counsellors' names : John
Yeamans, Christopher Codrington, Rowland Williams, John
Hamilton, Edward Byam, William Codrington, Henry Lyons,
Barry Tankerd, Thomas Morriss, George Gamble, John Luice
Blackman, Daniell Mckinnen. Signed, Jon. Johnson. Endorsed,
Reed. 21st, Read May 22nd, 1706. 3| large pp. [C.O. 152, 6.
No. 44; and 153, 9. pp. 345-356.]
March 13. 169. Same to Mr. Sec. Hedges. Repeats preceding, adding :
The C. in C.'s packetts being in the Nevis maile, when he is in
this Island or Montserratt, instead of being timely delivered, is
carry'd from him, by which meanes, if they be not for the future
putt in a bagg by themselves, may prove of fatall consequence,
being afterward subject to be taken by the enemy in the
transportation from one Island to another ; besides their coming
too late to be answered, if gett safe to hand. Signed, Jon.
Johnson. Endorsed, R. May 21. 4 large pp. [C.O. 184, 1.
No. 5 ; and 7, 1. No. 8.]
March 13. 170. Col. Abbott to Mr. Sec. Hedges. Gives acct. of French
Nevis. attack as supra, petitions for big guns, etc. Signed, Rich. Abbott.
Endorsed, R. May 21. Holograph. 2 pp. [C.O. 184, 1. No. 4.]
March 13. 171. Lt. Governor Johnson to the Council of Trade and
Antigua. Plantations. Encloses following. Signed, Jon. Johnson.
Endorsed, Reed. May 21, Read May 27, 1706. 1 p
171. i. Certificate that Lt. Gov. Johnson has not received
any present from the Council and Assembly of Antigua.
Jan. 4, 1705[6]. Signed, Tho. Kerby, Sec. and Clk.
Councill ; Francis Rogers, Clk. Assembly. Endorsed
as preceding. | p.
AMERICA AND WEST INDIES. 79
1706.
171. ii. Similar certificate from Nevis. March 13, 170$.
Signed, Geo. Cheret, Sec. and Clk. Councill ; Solomon
Israel, Clk. to the Assembly. f p.
171. iii. Certificate that Lt. Governor Johnson has not received
any sum out of the 4} p.c. at Nevis, March 12, 1705(6).
Signed, P. Andrews, Commissr. | p.
171. iv. Similar certificate as to Antigua. Jan. 4, 1705(6).
Signed, Edw. Perrie, Commissioner. J p.
171. v. Account of Ordnance Stores in Nevis. Signed, Tho.
Woodman, gunner. iM pp.
171. vi. List of Ships entered and cleared at Nevis, July 12
Sept. 29, 1705. To England : 16 ships carrying
1,840 hhds., 1,332 tierces, 133$ barrels of sugar, and
3 barrels of indico. To the Plantations : 2 ships
carrying 2 hhds., 28 tierces, 8 barrels of sugar ; 7 hhds.,
41 tierces, 3 barls. mellossoes ; 38 bags of cotton.
Endorsed, Reed. May 21, 1706. } p.
171. vii. Ships entered and cleared at Nevis, Sept. 29 Dec. 25,
1705. To England : 2 ships, 13 hhds., 96 tierces,
24 barrels, sugar ; 5 hhds. Lame juice. To the Planta-
tions : 1 ship, 5J barrels of sugar ; 1 tierce of molossoes,
3 barrels of indigo. Endorsed as preceding. J p.
171. viii. Deputy Secretary of Nevis to the Council of Trade
and Plantations. Nevis, March 14, 170f. Sends
these enclosures. This day came in Capt. Akers, who
gives an account that the French fleet is still at
Martinique. Signed, Geo. Cheret. Endorsed, Reed.
May 21, Read May 27, 1706. 1 p.
171. ix. Account of the Ordnance Stores in Antigua.
Endorsed, Reed. May 21, 1706. 5 pp. pasted in a strip.
171. x., xi. Account of Warlike Stores received and delivered
in Antigua, June, 1705. Signed, Thomas Long,
Commissary, Dec. 10, 1705. Endorsed as preceding.
2 long strips.
171. xii. Account of gunpowder received from tonnage of
vessels, and of the quantity delivered out, in the Leeward
Islands, March 14, 1700 Nov. 23, 1705. Signed and
endorsed as preceding. 19 large pp. [C.O. 152, 6. Nos.
49, 4 9. i -xii. ; and (with covering letter and No. viii only)
153, 9. pp. 365-370.]
March 13. 172. Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. In reply to Feb. 28. We have considered the petition
of George Ritter of Berne, for the settlement of a Colony of
Switzers in America, and are of opinion that such a Colony might
be settled most properly in Jamaica, there being large tracts not
taken up or inhabited in that Island, but in case they should
not like that climate, they may be either sent to settle upon
Hudson's River in the Province of New York, where they may
be usefull to England in the production of Navall Stores, etc.,
or on James River in Virginia, there being no other places as we
are informed upon the navigable Rivers in that Province, but
80 COLONIAL PAPERS.
1706.
such as are already taken up ; the soyl near this River is generally
proper for the produce of Indian corn, which they may sow and
furnish to their neighbours which lye lower on the same River,
and some parts of it being proper for the planting of Tobacco.
We have no objection to the demands in the petition, except
to the 6th article, wherein they pray to be exempted from all
customes or dutys for the first ten years, which cannot be allow'd,
those duties being charg'd by Acts of Parliament here, or Acts of
Assembly in the Plantations ; And as for the charge of their
transportation from Rotterdam to Virginia, it may be done for
Si. per head. But before any final determination be taken
herein, we think it necessary that some Agent be sent from the
said Switzers to England, to settle matters here, and that he,
or some other person, be first sent by one of H.M. ships of war
to Jamaica, New York or Virginia, as any of these places be
judged preferable, with letters to H.M. Governors and Officers
there, and such instructions as may best conduce to the future
reception of the said Colony. Autograph 'signatures. 3 pp.
[C.O. 5, 3. No. 28 ; and 5, 1291. pp. 345-348.]
[March 14.] 173. (1) Affidavit of Elizabeth Bunker that Lt. Moody
caused Christian, Mr. Jackson's servant, to be so severely whipped
at St. Johns that she died, etc. Eliz. Bunker, her mark.
St. Johns, Nov. 15, 1705. 1 pp. [C.O. 194, 3. No. 130.]
[March 14.] 174. (2) Similar affidavit of J. Huxford. Adds: In
Nov., 1704, Lt. Moody held a consultation about a watch which
he would have in Fort William only, and not in the Harbour,
which occasioned great heats and disputes. Signed, John Huxford.
St. Johns, Nov. 19, 1705. \ p. [C.O. 194, 3. No. 131.]
[March 14.] 175. (3) Affidavit of Susannah, wife of John Marshall.
Christian's back, after her death, was black with stripes. St. Johns,
Nov. 15, 1705. | p. [C.O. 194, 3. No. 132.]
[March 14.] 176. (4) Affidavit of J. Bradbury, Gunner of Fort William.
After the enemy was gone, Lt. Moody suffered his soldiers to
plunder what was left of the inhabitants' goods, divided them
or sold them back to their owners. The enemy made no attack
on the Fort, and Lt. Moody would not allow him to cannonade
them or the General's quarters, etc. Signed, John Bradbury.
St. Johns, Nov. 19, 1705. 2 pp. [C.O. 194, 3. No. 133.]
[March 14.] 177. (5) Affidavit of J. Huxford, Master-Gunner. Confirms
preceding. Signed, John Huxford. St. Johns, Nov. 19, 1705.
1 p. [C.O. 194, 3. No. 133.A.]
[March 14.] 178. (6) Affidavit of John Jones, soldier. Sergt. Broomfeild
shewed him goods plundered from the inhabitants, and upbraided
him because those at the South Castle, under Capt. Robt. Latham,
had done nothing. Signed, John Jones. St. Johns, Nov. 17,
1705. p. [C.O. 194, 3. No. 134.]
AMKIIK'A AN'I) \VKST IVDIKS. 81
1706.
[March 14.] 179. ( 7 ) Affidavit by 4 soldiers. During the siege the soldiers
did not have more provisions than is allowed by the Queen. As
soon as the French had left, Lt. Moody sent 12 soldiers under
Sergt. James Broomfeild, to plunder the inhabitants, etc. Signed,
Henry Jefferys, Archibald Taylour, (mark), John Barnes (mark),
Joseph Violett. St. Johns, Nov. 17, 1705. f p. [C.O. 194, 3.
No. 135.]
[March 14.] 180. (8) Affidavit of A. Taylour. Describee how he gave
the alarm on the morning of Jan. 21, 170f. The major part of
the soldiers were drunk the night before, and the sentinells that
should be on the ramparts was walking within the gate. Signed,
Archibald Taylour (mark). St. Johns, Nov. 19, 1706. f p.
[C.O. 194, 3. No. 136.]
[March 14.] 1 81 . (9) Affidavit of Elias Hoare, an inhabitant of St. Johns,
as to his house being plundered by the souldiers 2 days after the
French had gone. Nov. 9, 1705. J p. [C.O. 194, 3. No. 137.]
[March 14.] 182. (10) Affidavit of several inhabitants of St. Johns that
Lt. Moody compelled them to pay exorbitant prices for the
provisions supplied to their wives and children who were sent
into the Fort by M. Subercasse. Sworn in St. Johns, Nov. 17,
1705, before Henry Hayman, Adml., and Peter Crapp, Rear
Admiral, who also certify to the receipts, signed by Lt. Moody,
for said payments. 1 p. [C.O. 194, 3. No. 138.]
[March 14.] 183. (11) Account of payments to Lt. Moody, as in preceding
by Henry Boys, Wm. Roberts, Sarah Spark, David Sheppard,
William Clark, Sampson Jobe, Wm. Wane, John Adams, Jono.
Drew, Henry Gray, Hen. Studley, Gilbert Jeane, Jno. Mursey,
Wm. Penfrase, Eliz. Curtis, Jono. Cock, Jno. Marshall, Toby
Neales, Jno. Burton, Ant. White, Rich. Cole, Jno. Collin, Tho.
Greacy, Walter Short, Jeffrey Lang, Richd. Sampson. 1 p.
[C.O. 194, 3. No. 139.]
[March 14.] 184. (12) Affidavit of John Furlong that he bought of John
Small provisions owned by Lt. Moody. The casks were marked
with the Queen's arrow. Signed, John Furlong. St. Johns,
Nov. 17, 1706. Copy. | p. [C.O. 194, 3. No. 140.]
[March 14.] 185. (13) Affidavit of Aaron Cocke and Clement Vickery
that they helped to remove some provisions marked with the
broad arrow from the Fort to the house of Mr. Collin Campbell,
and frequently saw this done. Signed, Aron Cocke, Clemt.
Vickery (mark). St. Johns, Nov. 16, 1705. | p. [C.O. 194, 3.
No. 141.]
[March 14.] 186. (14) Affidavits of Francis Pearse and Wm. Ware that
they bought provisions from Capt. Moody. W. Ware's bond
to Capt. Moody for 41. St. Johns, April 25, 1705. 1 pp. [C.O.
194, 3. Noa. 141.i., ii.]
Wt. 4912. C 6
82 COLONIAL PAPERS.
1706.
[March 14.] 187. (15) Affidavit of H. Hayman, jr., that he bought
200 quintals of fish of Lt. Moody for 1151. sterl. Signed, Hen.
Hayman, jr. St. Johns, Nov. 15, 1705. Endorsed, Reed. Read
March 14, 170f. p. [C.O. 194, 3. No. 142.]
[March 14.] 188. Commanders of ships trading to Newfoundland to the
Queen. St. Johns, Nov. 17, 1705. Return thanks for relieving
the Garison with new troops and Major Lloyd. See March 29.
28 signatures. Endorsed, Reed, from Mr. Sec. Hedges' Office,
Read March 14, 170f . 1 p. [C.O. 194, 3. No. 128.]
March 14. 189. Similar address from the inhabitants of St. Johns.
Signed, John Furlong, Wm. Robarts, John Collet, Rich. Lanley
(mark), Thomas Fourd, Sam. Workham, Richard Willson, John
Clay, Rob. Cook, Abraham Ash, John Lee, Adam Shillaby,
Wm. Tapley, Wm. Collons, Thomas Fanson, James Smith,
Christopher Potter, Nicholas Counett, Peetter Cooumbs, Thomas
Squary, John Eferd, Josep Allen, Learene Lunge, John Coull,
John Nailes, Thomas Mantell, Abraham Barret, John Collins.
See March 29. Endorsed as preceding. 1 p. [C.O. 194, 3.
No. 129.]
March 14. 190. John Linton to the Council of Trade and Plantations.
A survey of the Continental tobacco-trade. Endorsed, Reed.
Read March 15, 170. 3 pp. [C.O. 5, 1315. No. 16 ; and
5, 1362. pp. 14-19.]
March 14. 191. Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. Enclose draught of Declaration for setling a Militia
to be published by the Commodore at Newfoundland. Similar
to that of July 13, 1705. See April 11, 1706. We desire to know
H.M. pleasure relating to the part the Commodore is to have
in reference to the forts and garison. [See Feb. 25.] Autograph
signatures. If pp. Enclosed,
191. i. Two drafts of Declaration referred to in preceding.
1$ pp. [C.O. 194, 22. Nos. 64, 64.L, ii. ; and (without
enclosure) 195, 4. pp. 240-243.]
March 15. 192. Mr. Merrett to W. Popple. It was with regrett I
Crotchett delivered this day the severall affidavits [? March 14], which I
Fryers> desired to have kept, had not Mr. Moody and Mr. Jackson continued
their endeavour to prejudice a gentleman who is not here to
answer for himselfe, and who hath been so unfortunate as to
have all his letters to miscarry. The Parson's paper is malicious.
He is to be pitied as his nature is to make himselfe and others
uneasye. Encloses following, which I have had by me some
time. I beg you to interceed with their Lordships, that this
Paper may be made no other use of then for their Lordships'
speculation. Signed, Solomon Merrett. Endorsed, Reed. Read
March 15, 170|. Addressed. Sealed. 1 p. Enclosed,
192. i. Inhabitants of Newfoundland to the Lord Bishop of
London. Dr. Jackson's way of living and communi-
cation with all men did instead of hindering vice and
AMERICA AND WEST INDIES. 83
1706.
correcting ill manners, rather increase it, etc. Return
thanks for removing him and sending the Rev. Jacob
Rice. St. Johns, Nov. 17, 1705. Signed, Hen.
Hayman, jr., Saml. Hayman, Vice Adml., Peter
Crapp, Sr., Arthur Holdsworth, Gideon Andrews,
Hen. Peardon, Abra. Passmore, Robt. Holdsworth,
John Davis, Hen. Studly, Wm. Pyne, Edw. Elson,
Wm. Wade, Philip Cockrem, Tho. Cawley, Mich. Martin,
Jno. Grigg, Jos. Parsons, Cha. Lavens, Hen. Tayler.
Endorsed as preceding. 1 p. [C.O. 194, 3. Nos. 143,
March 15. 193. W. Popple, jr., to the Commissioners for Exchange
Whitehall. o f Prisoners. Encloses Memorial relating to the prisoners taken
by the French the last winter at Newfoundland. [C.O. 195, 4.
p. 243.]
March 15. 194. Mr. Roope to the Council of Trade and Plantations.
Mr. George Sciffinton, lately come from Newfoundland, sayeth
there are 30 or 40 prisoners in Plasentia yt. have taken service
as soldiers or servants in the fishery ; about 20 are sent to Quebeque
some given to the Indians, some M. Subercass keepeth in his
house for mVown service. Mr. Sciffinton was carried to Plasentia
under pretence [of] the contribution agreed on for saving ye
houses at Buena Vista ; under ye same pretence they committed
several barbaritys in Trinity Bay, killing 9 men there, calling
them out one by one of ye house yt. they were kept in, and killing
them as they came out ; at Buena Vista they killed 9 men and
2 children. He names as prisoners, Arthur Jeffrys, John Dicker,
Thomas Thorpe, Peter Wiles, Nicholas Goodwin at Plasentia ;
Robert Duffett, Nicholas Plomby, a smith, carried to Quebeque.
Endorsed, Reed. Read March 15, 170. In Mr. Roope's
handivriting. 1 p. [C.O. 194, 3. No. 144.]
March 15. 195. Lt. Governor Hamilton to the Council of Trade and
St. Plantations. Encloses following, praying your Lordships to
tophers, bekve that j did what wag possible to be done for H.M. service,
Charlea Fort, the Assembly would doe nothing for the preservation of the Island,
nay, were soe infatuated that they would not beleve there was
any such thing as three French men of warr in the French Islands,
and much less any designe to attack any of her Majestie's an
hour before the enemy's fleet appeared. Had the people
throwne up such trenches as I press'd them to doe, and the
Windward and Basseterre officers done theire duty, I might
have hoped (at least) to have preserved from Godding Gutt to
Brimstoane Hill, with Sandy-Poynt Towne and division, from
being destroyed by the enimy. Signed, W. Hamilton. Endorsed,
Reed, (from Mr. Tryon) Read May 27, 1706. Addressed.
Holograph. 1 p. Enclosed,
195. i. Lt. Governor Hamilton's Journal of proceedings in
St. Kitts, Jan. 27 Feb. 25, 170$ . Jan. 27. Hearing
the a Harm at Nevis, I ordered it to be made here.
84 COLONIAL PAPERS.
1706.
Jan. 28. I received a letter from Capt. Akars that
he had sighted French ships etc. [see March 12]. Jan. 29.
I ordered the Windward Forces to encamp on Cayonne
Hill. Jan. 30; I sent out the sloop Mayflower, Capt.
John Gurley, for intelligence. Jan. 31. I ordered
Capt. John Davis to send 4 Windward troopers to
Friggat Bay, and upon appearance of the enemy 2 to
go to Basseterre and 2 to Cayon Hills. Letters from
Col. Abbot etc., Nevis, that the ships seen by Akers were
New England men. Feb. 3. Capt. Gurley returned
having sighted the French fleet off Guardeloupe. I
wrote to warn Nevis, and to Montserrat, whence Capt.
Gurley returned with news of the French fleet.
Lt. Governor Hodges was marched with greatest part
of the forces to Carrs Bay, near to which they had
attempted to land. I sent this intelligence to Nevis,
desiring them, if attackt, to advise me by a canow
and I would give them all the assistance in my power.
The same day Col. Abbott advised me that 11 sayle
were seen from Nevis. Feb. 4. I ordered the Windward
forces to the Jesuites Colledge near to Basseterre. About
3 p.m. the French Fleet came round Nevis Point
and stood in between that Island and this. I marched
to Palmeta Point Frontier, and wrote to Lt. Governor
Johnson and sent Mr. Cunynghame to the Old Road
to dispatch Capt. Gurley with my letter for Antigua.
I called the Officers together, being Col. Michael Lambert,
Col. John Garnett, Major John Panton, Major Will.
Wooddrop, Capt. Edward Gillard, Lieut. Will. Stephens,
Lieut. Isaac Jolly, Lieut. Edward Gillard, Cornett
Soulegre, Ensign John Gillard, and it was aggreed to
post the Queen's troops in Charles Fort and upon
Brimston Hill, Lt. Col. Step. Payne, Capt. Ja. Biskett.
Capt. Fra. Phipps' Companies, 10 men of Col. Garnet
and 10 of Major Panton's, with half the troop to be
posted near to Col. Lambert's smith shop. The remainder
to be posted near Palmeta Point Frontier. Capt. Wm.
Kitt, Capt. Chr. Stoddard's and the two Windward
companies and troopers of Basseterre Quarter to be
posted in Basseterre Town. Guards and patrols ordered.
Feb. 6. At a Council of War it was ordered that,
whereas a French sloop was this morning at anchor
at the Salt ponds, a guard be placed on the pass on
Sir Timothy's Hill, and hang any spies on the next
tree. Feb. 9. Arrangements made for relieving Nevis
in case the enemy had any success there, and for
provisioning the troops. Feb. 10. Received a letter
from the Governor of St. Eustacius and James Rawleigh
at St. Thomas, advising me of the enemy's force, and
that they do expect M. D'Emberville with 8 great ships
more, and that then they designe for Barbados. The
French fleet came to anchor in Basseterre Road, except
AMERICA AND WEST INDIES. 85
1706.
2 ships and 4 sloops which fell away to leeward ; one
of which ships fired a broadside against Palmeta Point
Fort ; being then on horseback, I ordered the horse
at the frontier to march with, and the foot to follow
me to Basseterre, where I expected the enemy would
have landed, or at Friggat Bay, where I had placed a
guard. In the morning, two companies of foot being
sent to the Morne to oppose the enemies landing there,
I lined the waterside at Basseterre, some boats being
seen rowing towards shoar. At clear day, a great body
of men appearing upon the side of the hills above the
Morne, I ordered Col. Garnett, Capt. Wm. Kitt and
60 men to oppose the enemies landing and to maintain
the Church at Basseterre, marched with the horse
and rest of the foot that lay near the frontier and at
Basseterre to about a mile towards the onemy. About
260 without colours already advanced towards us,
upon a halt were joined by the aforesaid body with
four pair of colours, and another greater body with
four pair of colours also advancing over the Sadie from
Friggat Bay, and having but half the militia with me
halted and sent orders to Lt. Col. Payne to post Capt.
Phipps' Company in the fort and to march with the
Queen's troops and the rest of the Militia to my
assistance. The officers judging the enemy to consist
of at least 1,000 men, were of opinion that I ought
to retreat to some place of advantage. I resolved to
maintain Palmeta Point to the utmost, tho without
any works being thrown up : but as I was disposing
the forces, Capt. de Brissac and an express from Lt. Col.
Payne gave me an account that the enemy had landed
another body near to Belletates Point, and that Lt. Col.
Payne was hotly engaged with them. I ordered CoL
Garnett with the foot to halt at Godding Gutt until
further orders, and myself with the horse marched
with all possible speed to assist Lt. Col. Payne. At
Charles Fort I found him halted above the gate, having
been obliged to retreat. At a Council of War, Feb. 11,
it was resolved that Lt. Col. Payne with about 200 men
march to Brimstone Hill and maintain it, and that
provisions be got into the Fort etc. Intelligence from
Col. Garnett that the two Capts. William and John
Kitt and Capt. Chr. Stoddard began to mutiny and
threatened to leave their post, and would go to their
wives and children, which they did. Details given. I
ordered Col. Garnett to march to the Fort with the
remaining part of his forces. Account of women,
children and provisions upon Brimstone Hill, Feb. 11.
On Feb. 12 the enemy advanced to Godding and planted
their colours at Col. Codrington's house there. A
deserter informed me that the enemy onlv designed
to plunder and destroy the country, for if they had
86 COLONIAL PAPERS.
1706.
10,000 men they would not pretend to take the Fort
and Brimston Hill, etc. etc. Feb. 13. I received a
letter from Col. Johnson at Antigua that he hourly
expected assistance from Barbados, Sir Ja. Wichart
being there with 10 men of war, etc. ; he sent me a
command for the Governor of Anguilla to send me
50 well armed men, and the Governor of Spanishtown 40.
In the afternoon rode out with the Horse to observe
the enemy. Marched by Major Woodrop's up to Mr. Van
Belle's Work, thence through Mr. Jolly's Plantation
to a convenient place, where I observed about 500 of
the enemy at Mr. John King's, as many at Major Panton's,
and their main body at General Codrington's house
at Godding. We exchanged some vollies without any
loss but that of Peter Assailly wounded in the arm.
Feb. 14. Whilst I went upon Brimston Hill, the enemy
marched about 1,000 men by Capt. Biskett's upper
work in from Mr. King's, burning the canes as they
marched through Mr. Jolly's plantation to Mr. Van
Belle's sugar work, which they burnt, thence through
Lt. Col. Payne's plantation to Mr. McLear's house
and thence into Sandy Point, burnt that town with all
the houses, works and canes that way except
Mr. McArthur's, Dr. Rowland's, Mr. LiUingston and
Branch's houses and works, and some little poor houses,
the canon from the hill firing upon the enemy, while
they were in reach. Feb. 15. A prisoner of war gave
me intelligence of the enemy [see March 12, 13]. He
believes the French cannot stay longer than 8 days,
this armament being agreed on at Martinico, without
any order from Court, they cannot answer to expose
their men before the Forts, neither have they any
cannon etc. for a siege. I sent Wm. Middleton to
Statia [St. Eustatius], writing letters to the Governors
of Anguilla and Spanish Town to send me the men
required of them. Feb. 16. The enemy burnt the
towns at Palmeta Point and the Old Road, Col.
Codrington's and Mr. King's house etc. and are drawing
towards the Old Road. Deserters informed me that
this squadron sailed from Brest Nov. 10 (N.S.) and
arrived at Tobago on the French Christmas, and
remained there about 15 days, expecting Mr. Du Casse
with 7 men of war, etc., whence they sailed for Grenada,
and thence to Martinico ; where they were joined by the
Fidelle, 50 guns, and the Ducde Los, 32 guns, and 12 pri-
vatiers. They staid 4 days at the N. point of Guardeloup,
and were joined there by the rest of the privatiers,
making besides the King's ships 29 sail. Their design
was to attack Nevis with 2,500 men to land etc. [see
March 12, 13]. They have a Barbados molato, James
Johnson, for their pilot. If M. Du Casse had joined
them, their intention was for Corrassao. That last
AMERICA AND WEST INDIES. 87
1706.
night a brigantine arrived from Martenico with orders
for the French forces to embark, there being some ships
seen to windward, which they judge to be English.
They have at least 2,500 landed, and have got about
600 negroes with all the mills, coppers and plunder
from Basseterre to Brimston Hill. At a Council of
War it was unanimously decided not to attack the
French as they embarked, our forces not consisting
of Jth part of theirs and they being protected by their
guns etc. Certificate by the same Council of War, that,
whereas there has been a malicious reflection cast upon
Lt. Gov. Hamilton for not engaging the French at
Basseterre, Feb. 11, his action then was the only means
to preserve Charles Fort and Basseterre. The mutiny of
Capts. Kitt etc. was the cause that the pass at Godding Gut
fell into the enemies hands and of the subsequent destruc-
tion of plantations and Sandy Point. He has acted with
all the courage requisite etc. 12 signatures. Feb. 17.
Last night the enemy embarqued etc. I rode as far as
the Old Road, which found in ashes with the plantations
between that and Brimston Hill, except Col. Lambert's
and Madam Hill's houses and works, Lt. Col. Payne
and Major Wooddrop's under Brimston Hill, with
Mr. Burchall and Mr. Helden's houses at Old Road.
The towns of Palmeta Point and Basseterre and all
the plantations and buildings that way are laid in ashes
except Palmeta Point Church and that at Basseterre,
with Tho. Young's house at Palmeta Point. Whilst
Col. Garnett was examining the cannon left at waterside
at Basseterre, the Church there was sett on fire in the
roof, he believed by some of his detachment of horse.
James Whitman, a deserter, sayeth that Friday night
by an express from Martenique they had an account
that 15 English ships were seen to windward, and
brought orders to retire. They embarked between
4 and 9 p.m. ; their design was for Statia and Montserat,
but broke by appearance of our ships etc. Account
of stock killed for H.M. service. The enemy in their
march at Windward, the 12th, burnt the dwelling houses
and sugar works of Col. Crisp, Capt. De Brissac, Val.
Persival, Clemt. Crooke, Mrs. Coles, Madam Mead,
and Col. Daniel Smiths. Feb. 24. Lt. Gov. Johnson
arrived. Feb. 26. Court Martial at Charles Fort for
the trial of Capts. Wm. and John Pitt, Christopher
Stoddart, and Wm. Woodley, who acknowledge the
matter of fact, and prayed the Court not to proceed
to trial of them. Adjourned till the morning. Feb. 27.
There not being a quorum at 10 a.m., adjourned till 4,
when the Court declared that the prisoners had been
guilty of a high misdemeanour and that they loose their
Commissions until the C. in C. of the Leeward Islands
thought fit, and acknowledge their crimes etc. Signed,
88 COLONIAL PAPERS.
1706.
John Helden, Clk. to said Court. Endorsed as preceding.
13 J closely written pp. [C.O. 152, 6. Nos. 48, 48.L ;
i and (without enclosures) 153, 9. pp. 363, 364.]
March 19. 196. W. Popple, jr., to Mr. Burchett. Encloses the usual
Whitehall. Heads of Enquiry and Instructions for the Commodore
of the Newfoundland Convoy, unto which the Council of Trade
and Plantations desire they may receive answers, which they
have faild of for the three last years, to the great inconvenience
of H.M. service in those parts, it having been always customary
for that Board before that time to be informed of the state of
the Trade, Fisherys, and of the Forts and Soldiers there, by the
Report of the Commissioners of the Customs, in order to present
their opinions thereupon hi Council. Annexed,
196. i. Heads of Enquiry to be given as Instructions to the
C. in C. of the Newfoundland Convoy. As C.S.P.,
1705. No. 1032.i. [C.O. 195, 4. pp. 244-259.]
March 19. 197. Council of Trade and Plantations to the Queen. We
Whitehall, find that the differences between Lt. Gov. Bennet, the Council
and Assembly of Bermuda and Mr. Jones are so farr increased
and his disrespect to the Governor has appeared to be such,
that we are humbly of opinion that he be required forthwith
to come into England to answer the complaints against him, and
that before leaving he do commissionate such Deputy or Deputys
as shall be nominated by the Governor to officiate in his places
during his absence. [C.O. 38, 6. pp. 170, 171.]
March 19. 198. W. Popple to the Agents of Barbadoes. Encloses
Whitehall. Minutes of Council, March 18, and copies of the clauses in the
Act to keep inviolate the freedom of Elections. The Council of
Trade and Plantations desire Mr. Cleland to communicate them
to the Governor of Barbadoes at his return thither. [C.O. 29, 10.
p. 36.]
March 19. 1 99. Council of Trade and Plantations to the Queen. We
Whitehall, concur with Mr. Attorney General that the Act of Barbadoes
to confirm titles of owners etc. would instead of quieting possessions,
create more disturbances and controversies at Law, and therefore
offer that your Majesty signify your Royal disapprobation and
disallowance of it. [C.O. 29, 10. pp. 37, 38.]
March 19. 200. Virginia and Maryland Merchants to the Council of
Trade and Plantations. Support Col. Quary's proposal for one
Convoy (Feb. 22) as certainly the interest of the Plantations
and Merchants and Navigation. But if any accident prevent
the Fleet going out according to his proposall, propose that what
ships are pleased to go may be permitted. Signed, Micajah Perry
and six others. Endorsed, Reed. 28th March, Read April 1st,
1706. | p. [C.O. 5, 1315. No. 19.]
March 19. 201. W. Popple, jr., to Sir John Cook, Advocate General.
Whitehall. Application having been made by several merchants of tobacco
AMERICA AND WEST INDIES.
80
etc. of the growth of England and H.M. Plantations, that they
may be allowed to dispose of such commodities to neutral ships
coming into England, and the said ships permitted to carry
the same to any place in enmity with H.M., the Council of Trade
and Plantations desire your opinion by what Law, Order or
Instruction the same is disallowed : the vending of the native
commodities of this Kingdom and of the Plantations (not
contreband, or expressly prohibited to be carried to France) being
judged very beneficial to H.M. subject*. [C.O. 5, 1362. pp. 19,
20.]
March 21. 202. Mr. Sec. Hedges to the Council of Trade and Plantations.
Cookpitt. Refers following for their report. Signed, C. Hedges. Endorsed,
Reed. March 28th, Read April 1st, 1706. 1 p. Enclosed,
202. i. Peregrine Brown to the Queen. Prays that the Olive
Tree may be permitted to sail from Maryland without
convoy. 1 p. [C.O. 5, 716. Nos. 9, 9.i. ; and 5,
726. pp. 375-377.]
March 23. 203. Mr. Jackson to the Council of Trade and Plantations.
I never knew half of the 20 subscribers to the Address to the
Bishop of London, [see March 15]. Those I knew subscribed
an Address in my favour, July 1, 1704, and continued to support
me till fear of Capt. Lloyd on his return caused them to traduce
me in order to ingratiate themselves with him. There is but one
man's name in that list who is an inhabitant, and he a poor
profligate wretch etc. Their former testimony confutes their
present charge of riotous living. When I found myself slighted
by the Admirals etc., I went to the Courts to know their reasons,
but they adjourned or refused to hear me, as Capt. Henry
Hayman, the Lord Judge, declared, etc. Signed, John Jackson.
Endorsed, Reed. 28th, Read 29th March, 1706. 2} pp. [C.O.
194, 3. A T o. 154.]
March 23. 204. Attorney General to the Council of Trade and Planta-
tions. I have considered of the Petition of Thomas Allen and
desired to have seen a copy of the Declaration in Ejectment
mentioned in the Petition, but have not seen it, that copy which
your Lordships sent me being in a former suit ; this suit in the
Petition mentioned being commenced March 21, 1704. However,
taking the new ejectment to be in the same form as the old one,
I do certifie your Lordships that the Appeal, which is a Writ
of Error, if the suit had been in England, should have been brought
in the name of the Lessee in ejectment, and not in the name of
the Lessor ; and if it had been soe done, the death of the Lessor
would not have abated such Writt of Error. The petitioner
represents that the Appeal was brought in the name of his father,
the Lessor ; and if it were soe, I am of opinion the death of the
plaint it in the Writt of Error by law abates the Writt of Error,
and the same cannot be revived, but a new Writ of Error must
be brought, and it will be proper to bring it in the name of the
Lessee in ejectment. Aa to the question proposed by Mr. Popple,
90 COLONIAL PAPERS.
1706.
whether H.M. by Order in Councill may not prohibit the tenants
in possession from committing wast pending the suit, etc. I
am of opinion H.M. will not be advised to make such Order in
favour of the Lessor of the plaintif in ejectment, the verdict
therein being found as is alledged by the petitioner against his
title. Signed, Edw. Northey. Endorsed, Reed. 9th, Read
llth April, 1706. 1$ pp. Enclosed,
204. i. Copy of Samuel Allen's Declaration in Ejectment,
referred to in preceding. 2 pp.
204. ii. Copy of Order of the Superior Court of New Hampshire,
Portsmouth, May 9, 1699, that Richard Waldron,
tenant of the lands in question, be made defendant
in the stead of Samuel Comfort, and plead to the
\? preceding] Declaration in Ejectment. 1 pp. [C.O.
5, 864. Nos. 55-57 ; and (without enclosures) 5, 912.
pp. 130-132.]
March 23. 205. Mr. Jackson to the Council of Trade and Plantations.
Declaration as to the subscribers of the Addresses (March 14)
in favour of Major Lloyd. Quoted in Representation of March 29.
Signed, John Jackson. Endorsed, Reed. 28th, Read 29th March,
1706. 2 pp. [C.O. 194, 3. No. 156.]
March 25. 206. Petty Expenses of the Board of Trade, Christmas,
1705 March 25, 170f. 221. Is. 3d. Stationer's Bill, 221. 4s. 4d.
Postage, 181. Is. 9d. 4 pp. [C.O. 318, 3. Nos. 4-6.]
[March 26.] 207. Lt. Moody to the Queen. Prays to be provided for
in the Army as a reward for his services in Newfoundland. 2 pp.
Enclosed,
207. i. The case of Lt. John Moody. His Company, relieved
in Nov., 1705, has not been able to obtain one penny of
their subsistence or pay since Sept. 22, 1704. All the
pay has been either issued or stop'd for respits to
Christmas last and 3551. 5s. 7%d. thereof was paid
to Capt. Powell's executors and to Capt. Lloyd, who
now commands the company, for money formerly alleged
to have been expended by the said Captains, and there
is 243Z. 2s. 3d. stopt in the Pay Office for respits. What
is alleged to have been spent by the said Capts. being
long before Sept. 22, 1704, petitioner hopes your Lord-
ships will not think it reasonable that the small
subsistence of a soldier from that time, which is but
2d. a day, should be lyable to bear it etc. Petitioner
by means of those and other hardships, together with
the expence of 420 gall, of his own Brandy and one butt
of Fiall wine, value 176Z., issued to the garrison during
the siege, without which they must have perished,
is put to great streights, and the poor soldiers brought
to a very miserable condition for want of the small
sums wen. they have so dearly purchased. Besides
which petitioner was cast away in H.M.S. Loo, with
AMERICA AND WEST INDIES.
91
1706.
the loss of all his effects. 2$ pp. The whole endorsed,
Referred to this Board by a Committee of the Privy
Council. Endorsed, Reed. 26th, Read 28th March, 1706.
[C.O. 194, 3. Noa. 146, 146.L]
March 26. 208. W. Popple, jr., to W. Lowndes. Quotes Clause in the
Whitehall. Act for encouraging the trade of Newfoundland, that ships are
to carry one fresh man in 5 etc. And whereas it will be to the
benefit of Trade and increase of seamen that the said clause be
duly observed in the several out-ports, the Council of Trade and
Plantations do think it for H.M. service that the Collectors or
Principal Officers of the Customs be reminded of their duty in this
particular, and desire the direction of my Lord High Treasurer to
the Commissioners of the Customs therein. [C.O. 195, 4. pp. 259-
261.]
March 27. 209. Mr. Merrett to the Council of Trade and Plantations.
My opinion of the soldiers' complaints against Major Lloyd,
Feb. 4, is that they proceed out of malice and to prevent any
enquiries about the arbitrary proceedings of Bromfield and others,
in plundering the inhabitants and collecting money for the
provisions Mr. Moody supplied the women and children with etc.
As to Article (3), two Lieutenants arrived with Mr. Lloyd, and
Mr. Latham hath a breviate fora Captain. Article (4) is disproved
by enclosed receipt by Commodore Bridge. The rest are old
and malicious complaints, incident to soldiers ; Moody has been
guilty of worse and has got the soldiers on his side by having
made them as culpable as himself. Mr. Lloyd kept them under
discipline, and therefore they were very mutinous and hated
him. Refers to Mr. Jackson's malicious complaints. Proposes
that an impartial man be appointed to enquire this year whether
Major Lloyd hath not duely observed the orders given him.
Signed, Solomon Merrett. Endorsed, Reed. 28th, Read 29th
March, 1706. 3 pp. Enclosed,
209. i. Receipt for 3 Serjeants, 3 corporals, one drummer and
48 private soldiers with musquets and accoutrements
from Major Lloyd etc. St. Johns, Nov. 20, 1705.
Signed, T. Bridge. 1 p. [C.O. 194, 3. Nos. 149,
March 28. 210. Mr. Merrett to Mr. Popple. I omitted in my paper
Whitehall. o f yesterday to say that Major Lloyd fully answered the complaints
made against him last year, which are now renewed, not any new
ones, etc. If he is recalled, it will be contrary to the opinion
of all the Traders in the West of England to Newfoundland, as also
of the merchante of London, nay some who signed in Moody's
favour last year, etc. Signed, Solomon Merrett. Endorsed,
Reed. 28th, Read 29th March, 1706. 1 p. [C.O. 194, 3. No.
150.]
[March 28.] 211. Lt. Moody's Answer to the Affidavits against him
[see March 14]. (1) Christian was a notorious thief and strumpet,
92 COLONIAL PAPERS.
1706.
I turned her out of the fort as being a danger to the soldiers.
When she resisted, she was whipped to frighten, not to hurt her.
On hearing the malicious rumour that this caused her death,
demanded an enquiry. At a Court held by Commodore Bridge,
Capt. Fairborn and the 3 Fishing Admirals I was completely
cleared. Then, before the Fleet sailed, I gave public notice,
challenging those who wished to complain against me or the
soldiers to do so. Sept. 3, 1705. (2) Mr. Roope dissuaded
the inhabitants from keeping watch in the Harbour as I proposed.
Huxford was miserably overawed by Capt. Lloyd. (4) Bradbury
was a lewd dissolute fellow whom I had to punish. I sent a
search party out after the French had gone, fearing an ambuscade.
They returned with a few old rags, for which with my sword I
beat them all round and made them carry them without the
fort. (6, 7) The enemy loaded two shallops with plunder and
sank them. Some of the soldiers ventured their lives and got
some small matter of pewter, etc, out of them, which perhaps
they might sell, but without my knowledge. (9) Upon Here's
complaint of a soldier who came to his house drunk and abused
him, I made him run the gauntlet through the whole company.
(10-14) I had my own stock of provisions and H.M. stores, on
which I subsisted the inhabitants and charged them under the
market price. They refused to pay any of the Queen's part,
and I never received Jth of what was due to me. The remainder
of my own provisions being damnified and the casks leaky, I used
7 or 8 of H.M. empty casks and sent them out of the Fort to be
truckt for fresh goods. (15) The fish belonged to Mr. Colin
Campbell and were by me sold on his account, etc. I know but
one of the names subscribed to Major Lloyd's testimonial.
Signed, J. Moody. Endorsed, Reed. 28th, Read 29th March, 1706.
8 pp. Enclosed,
211. i. Capt. Fairborn to Lt. Moody. Nore, Centurion,
March 21, 170f . You behaved yourself at Newfoundland
as a man of honour and in your defending the fort
deserved thanks etc. Signed, W. Fairborn. Holograph.
Addressed. Postmark. 1 p.
211. ii. Deposition of A. Cummings. There is but one person
subscribing the testimonial to Major Lloyd whom I know
to be an inhabitant of St. Johns. Mr. Moody's behaviour
was altogether agreable to the people and traders ;
he kept strict discipline and bravely defended the
garrison. Mr. Roop dissuaded the inhabitants from
keeping watch in the Harbour, because he said it would
be of ill consequence for the inhabitants to yield to the
order of the Commander of the Garrison. The inhabi-
tants were in a deep consternation and terror upon
the return of Major Lloyd, etc. Signed, Archd.
Cummings.
211. iii. Affirmation of G. Skeffington. He only knew two
of the subscribers to Major Lloyd's testimonial.
Lt. Moody was approved by the inhabitants, but he
hath heard many say that, if Lloyd stayed at St. Johns,
AMERICA AND WEST INDIES. 93
1706.
they would not trade there, etc. Signed, Geo.
Skeffington. J p.
211. iv. Deposition of Jeffry Lang, March 1, 1705. He
heard several Frenchmen say that the difference between
the inhabitants of the Harbour and the Fort gave them
great encouragement for their expedition. Mr. Roope,
who hath been the greatest encourager of the inhabitants
from watching, or assisting the Fort, said he would not
appeal for justice to Capt. Moody but would choose
12 men out of the inhabitants to decide matters without
his knowledge. When Capt. Moody enquired about
the boom, he said he would make him to know he had
nothing to do with it or him etc. Jeffry Lang. U pp.
[C.O. 194, 3. Noe. 156, 155.i.-iv.]
[March 28.] 21 2. A List taken by the French of the (male) inhabitants
of St. Johns and Petty Harbour. 230 names, some marked
"wanting." Endorsed, Reed, from Lt. Moody, March 28, 1706.
3 pp. [C.O. 194, 3. No. 147.]
[March 28.] 213. Merchants and Planters of Newfoundland to the Earl
of Nottingham. Represent the untainted loyalty and undoubted
courage of Lt. Moody and his soldiers, as appears by his defence
of the Fort etc. Signed, James Benger, Colin Campbell and 118
others. Endorsed, Reed. March 28, 1706. 5 pp. [C.O. 194, 3.
No. 148.]
March 28. 214. Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. Col. Richards is of opinion that the number of men
requisite for the better defence of the Fort and Batteries in
St. John's Harbour is an addition of such another Company
as is already there. Autograph signatures. Endorsed, R.
March 30. 1 p. Enclose following for H.M. signature.
214. i. Instructions for the Commander of the Garrison at
St. Johns. See April 11.
214. ii. Declaration for settling a Militia. See April 11.
214. iii. Instructions to the Commander in Chief of the Convoy.
See April 11. [C.O. 194, 22. Nos. 65, 65.i.-iii. ; and
195, 4. pp. 261-269.]
[March 29.] 215. Mr. Newton, of Boston, to the Council of Trade and
Plantations. For near 20 years a practicer of the Law in the
Massachusetts Bay, he has had frequent, as well as sad occasion
to observe the great mischief and inconveniency hapning to H.M.
subjects by the want of an established Court of Chancery, the
Courts of Law there holding themselves to the strict rules of
Law established and practised in those Courts, and giving no
relief in cases of Trusts, agreements etc. properly relievable in
Courts of Equity. Instances cases of Peter Lidget's estate,
Andrews of Salem, whose estate is wrongfully enjoyed by Symon
Bradstreet's heirs ; and of Lewis Boucher and John George,
whose books and merchandize were lost in a fire at Boston, and
94 COLONIAL PAPERS.
1706.
who cannot be compelled to discover what they owe and what
was saved, etc. Prays that a Court of Chancery may be
established etc. Signed, Tho. Newton. Endorsed, Reed.
March 29, Read April 3, 1706. 3| pp. [C.O. 5, 864. No.
54.]
March 29. 216. Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. In obedience to the directions of the Lords of the
Council, we have examined several affidavits by the soldiers
lately returned, concerning the late behaviour of Capt. Lloyd
there. Upon which it appears that 18 of the soldiers were by
him forced out to the fishery etc. to his profit (see Feb. 4). When
any of the garrison refused to go a fishing, he replied he did not
list them for the Queen's service, but for his own, and did therefore
compel them to go by threats. He engaged them to go a wooding
for poles of certain bigness, promising them advantages for the
same, but broke his word and sold the poles for his own use,
which discouraged the soldiers so much that several deserted
to the enemy, upon which he endeavoured to oblige every
6th man of the garrison to be bound for each other's debts. At
his arrival, there was mony due to each soldier for subsistence,
which came to his hands, but he denied the receipt thereof, which
obliged the soldiers to allow him one half of the said subsistance,
to procure the other, which he paid them in goods at extravagant
rates. He encroached upon their daily subsistance by deductions
out of every mess's allowance of butter and cheese per fortnight
for his own use. He forbad the inhabitants to sell the soldiers
any goods, by which means they were obliged to buy of him
at excessive rates. Whereas the soldiers used to receive their
pay every fortnight, they were now glad to gett it in two, four
or six months. Lloyd sold the Queen's provisions at certain
prices, the product whereof he converted to his own use. He
lay several nights [a week] without the garrison, seldom attended
Divine service, but diverted himself on the Sabbath days with
his flute and violin, to the scandal of religion and piety. We
observe that most of the above particulars are confirmed by
Mr. Jackson, who was recalled by Capt. Lloyd's complaints
against him. As to the Address in favour of Capt. Lloyd
[March 14], that of the inhabitants seems to be subscribed by
the same hand, and Mr. Jackson doth solemnly declare that it is
signed with false names, there being but one of the subscribers
by name that he knows, the rest being no inhabitants at St. Johns,
but utterly strangers to him. And that the old and most
substantial inhabitants are persons so far from signing in Capt.
Lloyd's favour this year, that many of them are gone out of
the country, and have left their business purely upon his return
thither ; that above three parts of those who subscribed to the
Address by the Masters of ships [March 14] were never acquainted
with Capt. Lloyd's former proceedings, having never been in
St. John's Harbour before the last year, and they have been
perswaded by 2 or 3 persons, who have formerly subscribed
all manner of certificates, as they served for their interest.
AMERICA AND WEST INDIES. 95
1706.
Autograph signatures. 4} pp. Endorsed, R. March 30. [C.O.
194, 22. No. 66 ; and 195, 4. pp. 270-273.]
March 30. 217. Certificate by Capt. Fairborn that Lt. Moody was
cleared of the charge of causing Christian's death [see March
14 and 28]. Signed, W. Fairborn. } p. [C.O. 194, 3. No. 157.]
[March 30.] 21 8. [? Major Lloyd to Sir C. Hedges.] Proposals concerning
Newfoundland. (1) That the Governor of the Fort at St. Johns
have orders to secure and subsist all prisoners of war taken by
letters of marque, with power to exchange them for English
carried to Placentia. For want of this our letters of marque,
for fear of being cumbered with too many prisoners, decline taking
prizes, or ransom them for small matters. If they bring in their
prisoners, for want of a regular officer for that purpose, they
are lett loose to stragle where they please, and often run away
with our boats etc., so that the fishermen are forced to neglect
their fish to watch the French. (2) The greatest part of our
ships resort to St. John's only, so that they have not room to
save their fish, and take not half the quantity that they would,
were they dispersed into diverse harbours, which they would
gladly do, if the men of war were ordered to cruize to protect
them. (3) Proposes that convoys have orders to sail with all our
ships by Sept. 20 at farthest, and that H.M. would reinforce
the garrison of St. Johns with another company of soldiers ;
at present they are not numerous enough to defend the place,
much less to annoy the enemy. 1 p. No date or signature ;
apparently part of Memorial of earlier date considered by Sir C.
Hedges at this juncture. [C.O. 194, 22. No. 66. A.]
April 1. 219. Certificate similar to that of Capt. Fairborn, No. 217.
Signed, T. Bridge. Endorsed, Reed. Read April 2, 1706. } p.
[C.O. 194, 3. No. 158.]
[April 1.] 220. London Merchants trading to Virginia and Maryland.
Answer to Col. Quary, Feb. 22. Those Plantations produce one
crop of tobacco yearly, but it is not ready at one time, so that
it must be a great loss for a whole fleet to stay till all is ready,
and if the whole fleet arrive from England at once, by the
struggling of every one, it must be an encouragement to the planter,
being in such a hurry, to produce worse tobacco. Good ships,
well fitted with men and guns, should be allowed to come and
go as they please ; and regular convoys should go twice a year, etc.
24 signatures. Endorsed, Presented by Mr. Milner, March 29,
Read April 1, 1706. 2 pp. [C.O. 5, 1315. No. 18.]
April 1. 221 . Governor Handasyd to the Council of Trade and Planta-
Jamaica. tions. I have received none from your Lops, since yours of
Oct. 29, but by this packett am favoured with a letter from
Sir C. Hedges of Jan. 17, etc. and a small trunk of King Charles'
Declarations, etc., which are to be distributed among the
Spaniards in these parts, and which I hope will have true effect.
96 COLONIAL PAPERS.
1706.
Nothing shall be wanting on my part to accomplish this matter ;
in order to which on March 27, I called a Councill, that the most
speedy and effectuall measures might be considered and resolved
on for the carrying on and perfecting this weighty affair. My
first proposall was that a Gentleman of the Councill, who under-
stands Spanish very well and has considerable dealings with
some Spanish merchants, should be the person by whom this
matter was to be wrought, but finding him not willing, have
pitch't upon a Spanish Captain, Don Augustine Olaravall, who
was taken in a Spanish advice-boat, and has since been imployed
by severall merchants here, and sent to the Spanish coast on
Business of Trade, in which he has discharged himselfe faithfully ;
whom I sent for, and after some discourse with him to discover
which way his inclinations were, finding he was willing to undertake
this matter, I made severall proposalls to him, and withall assured
him of H.M. gracious protection and reward, if he managed
this affair to effect, and that H.M. would recommend him,
according to his meritt, to his lawfull King, Charles III, and for
a further encouragement to him I offered to deposite in the hands
of Mr. Chaplin 500 pistoles to be paid to him on his return from
Carthagene, if he acted with ffidelity ; in answer to which he
told me that he desired nothing more then what would bear his
expences during his stay there, and that 25 or 30 pistoles were
sufficient. This matter was approved of by the Councill, and
further means agreed on by them and me are, that a sloop be
immediately hired, on board which this Spanish Captain, with
all the Spanish prisoners here, are to be sent to Carthagene, and
that Admiral Whetstone with his squadron should lie off to
windward of Carthagene, and send in there the sloop wearing
a fflagg of Truce, with the Spanish Captain and prisoners, and
at that time deliver to some Spaniards the publick letters
directed to the Governor with King Charles's Declaration,
disperseing severall Declarations and letters, by which means
the People's inclinations may be known ; the Spanish Captain
is likewise to take a private letter, which he is to convey to the
Governor by his Father Confessor, who is very well inclined
to King Charles's interest, and is intimate with the Governor :
the fflagg of Truce is to continue there 4 or 5 days, that if the
Governor is well disposed, he may have the opportunity of
returning an answer. The Admirall is desired by me that while
he lies off that place he write a letter to the Governor and
acquaint him that the Queen of Great Brittain sent him there
not to molest or do any injury to those who were her ancient
allies, but to protect all those who are willing to throw off the French
yoke, and declare for their right and lawfull King, Charles III,
of whose clemency and protection they might be assured. H.M.
has been graciously pleased to signify by Sir C. Hedges that my
Regiment shall be relieved at the expiration of 6 years from our
landing here, which determines June 8, 1707. In answer to
which I have desired of Sir C. Hedges to return H.M. our most
humble and hearty thanks and recommend to H.M. my earnest
desire to be relieved at the same time from my Government,
AMERICA AND WEST INDIES. 07
1706.
which I must entreat your Lordships' favour in forwarding :
it being my misfortune after all the faithfull endeavours I have
used to reclaim a headstrong ungovernable people to have no
effect on them, nor have it in my power to make them sensible
of our gracious Queen's care for them, and the yearly expence
she is at in preserving their lives and ffortunes. Altho my
ffortune, considering my numerous family, is very small, yet I
am willing to content myself in depending on your Lorps.
patronage so to recommend me to H.M. that a faithfull servant
may never want bread, I having served her present Majesty and
his late Majesty as King and Prince of Orange these 32 years
past, therefore assure myself I shall not be forgott. Whoever
is appointed to succeed me in the Government ought to be a
man of unquestionable loyalty to H.M., as well as of courage
and conduct, for if it should fall into other hands I am
apprehensive of a very evill consequence. I have been obliged
to continue an imbargo here these 5 weeks past, upon appre-
hensions of the enemy's attempting us, but they not being
supply'd with fforces from old France, as they expected, believed
themselves not strong enough for us, and so fell on St. Christopher's
where they have burnt and destroyed all the Plantations. I put
everything here in the best posture of defence I could, considering
the small number of men I have to defend so large a place, for I
believe the French certainly had a designe on this Island. They
have had great mortality by a spotted feavour, as well on board
their Fleet as at Martineco, of which severall hundreds have died.
Refers to enclosed lists, by which your Lops, may be informed
of our weakness. Encloses Minutes of Council, with an account of
the Stores of ordnance, and a copy of a bond of Robert Daniell
of Carolina, for the return of some stores of war he borrowed
for the use of that place, which I before sent your Lordships
but miscarried in the packett boat that was lost ; I send the
same by this packett to the Board of Ordnance. I have received
by this packett boat a Lieutenant, an Ensign, a Serjeant, two
Corporals, a Drummer and 38 private men of my regiment, and
part of the cloathing. Four men, I am informed, dyed on their
passage. Signed, Tho. Handasyd. Endorsed, Reed. 21st,
Read May 27th, 1706. 3$ pp. Enclosed,
221. i. Copy of the bond of Robert Daniell, Dec. 4, 1702.
Described in preceding. Endorsed, Reed. May 21,
1706. 1 p.
221. ii. Present strength of the 8 Regiments of Militia of
Jamaica, containing white men, free Indians, free
mulattoes and free negroes. Total, 2,550 men,
91 officers. Endorsed, Reed. 21st, Read 27th May, 1706.
lp.
221. iii. Copies of the letters sent, in Spanish, by Governor
Handasyd to the Governors of Cartagena, Porto Bello,
Havana etc. March 30, 1706. Encloses papers to
demonstrate the great affection the subjects of King
Charles III have shewn to him in Spain. The French
King designs with subtlety to send ships into the Indies
Wt. 4912. C 7
98 COLONIAL PAPERS.
1706.
by 2 or 3 at a time till he hath made up sufficient strength
to sieze Cartagena or the Havana, therefore your Honour
cannot be safe without denying them admittance etc. I
am expecting here more ships of war for the succour of
any of the Spanish West Indies that are for King
Charles III, as also stores of war for their defence when
desired. I send what Spanish prisoners are in this Island,
and shall be obliged if you send me those you have and
advise me if you have occasion of any ammunition etc.
Signed, Tho. Handasyd. 1J pp.
221. iv. Copy of private letter from Governor Handasyd to
the Governor of Cartagena. I have received dispatches
from the Queen my Lady by wch. I can assure any of
the Governors of the Spanish Ports, that I have a vallue
for, that they will be continued in the same posts they
now are, or put into others of greater consequence,
if they declare for King Charles III, shakeing off that
avaricious and devouring French Batt [? vampire']
etc. etc. March 31, 1706. Signed, Tho. Handasyd.
Endorsed, Reed. May 21, 1706. 1 p.
221. v. Account of Ordnance Stores sent over to Jamaica,
1704. 1 p.
221. vi. Account of Ordnance stores in Jamaica, November,
1705. Endorsed, Reed. May 21, 1706. 3| large pp.
[C.O. 137, 7. Nos. 23, 23.i.-vi. ; and (without enclosures)
138, 11. pp. 463-473 ; and (extract of covering letter)
137, 51. No. 11.]
April 1. 222. Governor Handasyd to Mr. Secretary Hedges. Acknow-
Jamaica. ledges letters etc. of Jan. 17. Repeats parts of preceding letter,
and refers to enclosures. Add : I have a list of 2 or 3,000 slaves,
wch. may doe a great deal of service, if they are trusty, especially
in a pursuit, but that I dare not depend on, etc. Signed, Tho.
Handasyd. Endorsed, R. May 21. 2| pp. Enclosed,
222. i.-iii. Duplicates of Nos. 221.ii.-iv. [C.O. 137, 45. Nos.
76, 76.i.-iii.]
April 2. 223. Mr. Jackson to the Council of Trade and Plantations.
Prays that the Commodore may be directed to oblige the
inhabitants of St. Johns to pay the arrears of fish, due to him
upon the subscription they voluntarily undertook to pay him,
to his correspondents there, Mr. Joseph Pemberton, and Archibald
Comings. Signed, John Jackson. Endorsed, Reed. Read April 3,
1706. 1 p. [C.O. 194, 3. No. 159 ; and 195, 4. pp. 276-278.]
April 2. 224. Mr. Popple to Capt. Gardiner. Encloses extract,
Whitehall, for his answer, from Governor Handasyd's letter [? Nov. 20,
1705], complaining of the hardships his regiment suffers at
Jamaica. [C.O. 138, 11. pp. 442, 443.]
April 2. 225. Col. Quary to the Council of Trade and Plantations.
Plymouth. Elaborates memorial of Feb. 22. Never was so great a quantity
AMERICA AND WEST INDIES.
N
170(5.
April 2.
Plymouth.
April 3.
Whitehall.
April 3.
Whitehall.
April 3.
Whitehall.
of tobacco come from the Plantations in one year, as is expected
in England this summer, nor was there ever so dismall a prospect
of a market. The Dutch and their neighbours in Germany
are said to have planted the last year 33,500 hhds ; if true, this
threatens ruin to Virginia and Maryland. Proposes that one
or two gentlemen of known integrity and experience be sent
to the Continent to investigate etc. etc. Signed, Robt. Quary.
Endorsed, Reed. Read April 11, 1706. 3 pp. Enclosed,
225. i. An account of the tobacco planted in Gelderland and
the places adjacent, as above. J p. [C.O. 5, 1315.
Nos. 22, 22.i. ; and (without enclosure) 5, 1362. pp. 23-
28 ; and (enclosure only) 318, 3. No. 33.]
226. Col. Quary to Sydney, Lord Godolphin, Lord High
Treasurer. Encloses following. Signed, Robt. Quary. 1 p.
Enclosed,
226. i. Duplicate of preceding Memorial. [C.O. 5, 3. Nos.
29, 29.i.]
227. Council of Trade and Plantations to the Board of
Ordnance. Enclose copy of Minutes of Council of Jamaica
July-Oct., 1705, relating to stores of war. We desire you to
take notice of the intention there was of putting on board H.M.S.
Montague several old iron guns to be delivered to you. [C.O.
138, 11. pp. 443, 444.]
228. Council of Trade and Plantations to Mr. Secretary
Hedges. We have examined the Petition of Lt. Moody, which
you were pleased to deliver to us at our last attendance, setting
forth his services to the Crown for 9 years past, and do find the
matter of the said Petition, as to his defending the Fort at
St. Johns against the French, to be true, and that he was
superseded in his command of Lieut, of the Company by a Com-
mission carried over by Major Loyd in favour of an other person.
We have likewise examined several affidavits and papers of
complaint against Moody, and find the chief charge is, that he
caused a woman to be whipped within the Fort at St. Johns, and
otherwise ill used by his soldiers, that she died in 14 days ; to
which accusation he has replied that this fact was tried at a
Court Martial, whereupon he was acquitted etc. [see March
14, 28, 30]. As to the charge against him of having imbezled
H.M. provisions and misbehaved himself on other occasions,
we are of opinion that these informations are malitious, and
we are confirmed in the said opinion by a letter he produced to
us from Capt. Fairborn. [C.O. 195, 4. pp. 274-276.]
229. Sir C. Hedges to the Council of Trade and Plantations.
Encloses following, for their opinion what method is proper to be
taken for the relief of H.M. subjects in Carolina, and the protecting
them in their just rights. Signed, C. Hedges. Endorsed, Reed.
9th, Read April 10th, 1706. 1 p. Enclosed,
100
COLONIAL PAPERS.
April 3.
Whitehall.
April 3.
Whitehall.
1706.
229. i. Address of the House of Lords to the Queen, March 13,
1705, relating to Carolina, with H.M. Reply. Printed.
1 p. See Lords' Journal, XVIII. pp. 150-153. Over-
leaf,
229. ii. Petition of Joseph Boone, merchant, on behalf of
himself and other inhabitants of Carolina and London
merchants, to the House of Lords. Printed. 1 p.
Set out, House of Lords MSS. New Series, VI. pp.
406-408. [C.O. 5, 1263. Nos. 101, 101.1., ii. ; and
5, 1291. pp. 357, 358.]
230. Council of Trade and Plantations to Governor Park.
Enclose Order of Council July 9, 1705, upon the petition of
S. Baron. [C.O. 153, 9. pp. 307, 308.]
231 . Sir C. Hedges to the Council of Trade and Plantations.
Encloses following, that you may state the Fact and give your
opinion what you think fit to be done. Signed, C. Hedges.
Endorsed, Reed. 9th, Read April 10th, 1706. f p. Enclosed,
231. i. Address of the House of Lords to the Queen. March 18,
1705- (6). Upon the petition of John Graves [see House
of Lords MSS. New Series, VI. pp. 410, 411]. We
humbly beseech your Majesty that, as well in compassion
to your Majesty's distressed subjects in those parts, as for
the security of the Trade in generall, you will be pleased
to take the Bahama Islands into your hands in order
to secure the same to the Crown of England and to the
safety and advantage of the trade of your subjects etc.
Signed, Math. Johnson, Cler. Parliamentor. [see Lords'
Journal, XVIII. p. 159]. Copy. 1J pp. [C.O. 5, 1263.
Nos. 100, 100.i. ; and 5, 1291. pp. 354-356.]
232. W. Popple, jr., to Mr. Attorney General. The Council
of Trade and Plantations having received the enclosed paper
from Mr. John Bridger relating to the exportation of wooll-cards
to New England, and believing the same to be destructive and
prejudicial to the woollen manufacture of this Kingdom, desire
to know whether there be any Law whereby such exportation
may be prevented. [C.O. 5, 912. pp. 128, 129.]
233. W. Popple to Constantino Phipps. Encloses Memorial
from Thomas Newton relating to the want of a Court of Chancery
in the Massachusetts Bay (March 29). The Council of Trade
and Plantations desire you would procure them Mr. Attorney
General's opinion thereupon. [C.O. 5, 912. pp. 129, 130.]
April 4. 234. Anonymous letter to Sir Philip Meadows. Those
who propose one fleet and a good convoy for Virginia and
Maryland once a year [Feb. 22], are beyond all controversy
in the right. By this method the planter might, instead of 10s.,
yea, sometimes loss of the whole, make six times the value ; by
the former he is ruined, and cannot cloathe himself and servants,
April 3.
Whitehall.
April 4.
Whitehall.
AMERICA AND WEST INDIES.
101
1706.
etc. etc. Endorsed, Reed. April 4, 1706.
[C.O. 5, 1315. No. 20.]
Addressed. 2J pp.
April 4. 235. Order of Queen in Council. Repealing Act of Barbados
Kensington, for confirming titles, etc. (see March 19). Signed, Chris.
Musgrave. Endorsed, April 26, 1706. 1} pp. [C.O. 28, 9.
No. 38 ; and 29, 10. pp. 48-50.]
April 4. 236. W. Popple, jr., to Mr. Champante. Encloses extract
Whitehall. o f letter from Lord Cornbury relating to Mr. Nanfan (? Nov. 20,
1705). [C.O. 5, 1120. p. 440.]
April 4. 237. W. Popple, jr., to N. Gould, etc. [see March 5]. The
Whitehall. Council of Trade and Plantations, having received information
from several Virginia merchants that all our tobacco in Muscovy
is now sold, desire to know whether you have any account thereof.
[C.O. 5, 1362. p. 21.]
April 4. 238. Order of Queen in Council. Approving Representation
No. 197. Mr. Jones is to return to England etc. Signed, Chris.
Musgrave. Endorsed, Reed. Read May 7, 1706. 1J pp. [C.O.
37, 7. No. 24 ; and 38, 6. pp. 171, 172.]
April 5. 239. Council of Trade and Plantations to the Commodore
of the Newfoundland Convoy. Enclose Mr. Jackson's petition
(April 2), and the original subscription of the inhabitants of
St. Johns. We desire you to befriend him that he may receive
his arrears. Annexed,
239. i. Subscription of some inhabitants of St. Johns, under-
taking to pay Mr. John Jackson certain quantities of
fish, annually so long as he stays. April 16, 1702.
Signed, Jno. Collin, Wm. Legarsick (mark), Wm. Roberts,
Ricd. Colesworthy, Jno. Marshal, Henry Newman,
Robt. Delbridge, Tho. Hawkins, jr., Gilbert Jane (mark),
John Cock, Tho. Grichie, Chr. Archer, Wm. Sharpe
(mark), James Benger. [C.O. 195, 4. pp. 278, 279.]
April 5. 240. W. Popple, jr., to Mr. Sloper. My Lord Cornbury
Whitehall, having acquainted the Council of Trade and Plantations (see
Nov. 27, 1705), that H.M. has appointed him, as Governor of the
Jerseys, a salary of 500/. per annum, desire you will inform me
when and how the said salary was setled. [C.O. 5, 994.A. p.
279.]
April 6.
London.
241. Contractors with the Czar to Mr. Popple. We have
no such advice as No. 237, nor do we believe that anybody else
hath ; but we are well assured by our youngest letters that nothing
therein could be done till the Czar's return from the army, etc.
Signed, Nathl. Gould, Saml. Heathcote, Wm. Dawsonne, Edwd.
Haistwell. Endorsed, Reed. Read April 8, 1706. 1 p. [C.O. 5,
1315. No. 21 ; and 5, 1362. p. 22.]
102 COLONIAL PAPERS.
1706.
April 6. 242. W. Clayton to Wm. Popple. Encloses following.
Liverpool. Signed, Wm. Clayton. Addressed. Sealed. % p. Enclosed,
242. i. Merchants of Liverpool to the Council of Trade and
Plantations. Reply to Col. Quary's Memorial Feb. 22.
His proposal will wholly destroy the trade of the
purchasers of the tobacco crop, and be chiefly advan-
tagious to traders per commission, rich planters
and shippers. A great part of the tobacco in Virginia
and Maryland is not strip't and pack't till May and June.
Ships arriving all together will bring such a glut of goods
yt. the planters will not buy them except at their own
terms, and hold their tobaccos at such high prices as
will greatly discourage traders to those parts. The
shippers and rich planters, having stocks, will ingross
ye trade and oppress the poorer planters, during the
absence of the Fleet at their pleasure, wch. seems to
us one thing intended, because they'l get their tobacco
in readiness against the Fleet arrive, but the purchasers
must stay 3 or 4 months before they can get ready.
The ships coming in one fleet will be of no advantage
to the markets. Great quantities of goods ever lowers
their prices. The same wind cannot carry all the ships
at once to the place of rendezvous : some of the fleet
may therefore be a month or 2 later than others, and
the time fixt being so short, must be left behind and
then obliged to stay till the following year. Propose
that all ships have liberty to sail as they get ready,
and that a certain time, as now practic'd, be appointed
for the convoy to depart from Virginia, and that such
ships as are not ready then, have liberty to sail in Aug. or
Sept., when there will not be so much danger of privateers
on the coasts of England and Ireland. 22 signatures.
Endorsed, Reed. Read April 11, 1706. 2 pp. [C.O.
5, 1315. #os. 23, 23.L]
April 6. 243. Col. Yate to W. Popple, jr. The merchants of this
Bristoll. city, trading to Virginia and Maryland, are of opinion that, during
the present war, Oct. 1st may be a very proper time for the
convoys to sail from England and May 1st for their return with
all ships that are bound for Europe. Signed, Robert Yate. En-
dorsed, Reed. Read April 11, 1706. 1 p. [C.O. 5, 1315. No. 24;
and 5, 1362. p. 31.]
April 6. 244. Lt. Governor Hodges to the Council of Trade and
Montseratt. Plantations. The 21st of the last month, early in the morning,
was discover'd to the windward of this Island 50 odd sayle, all
with French Collours, 12 whereof, by report of a French prisoner,
were men of war, they all bent their course for Antigua, and by
12 the same day was gott close under the shore of that Island,
where they continued for about 2 houres, and then bore downe
to the Northward of this Island, but before night was past, soe
farr to Leeward as to give us reason to conjecture their intentions
AMERICA AND WEST INDIES. 103
1706.
were for Nevis. By advice from St. Christophers, we understand
that the day following the Enemy's men of warr came to anchor
close under the fortifications of Nevis and i mediately began their
attacque, which continued for neare foure hours, as 'tis beleived,
for soe longe was discover'd nothing but fire and smoke, which
being over, was discern 'd two French fflaggs flying in two several
fforts. The enemy hath bin now 14 days on that Island, and
from the many fires for these severall dayes and nights have
been seen thereon, it may be presumed they have compleated
the distinction thereof. It's thought St. Xt.phers may be the
next place they will attempt, and then this Island in turnn. I
hope your Lordships will beleive I have been wanting in nothing
that may contribute to the safety of this Island. It's possable
the enemy may flatter themselves that this will be but an easie
conquest, derived from some confidence that the Irish here are
in their intrest, but I promise myselfe herein they will be deceived,
having made it good part of my care, soe to temper the minds
of those people as to remaine under a great deal of assurance
of their being firme to the Queen's intrest. The foregoing relation,
my Lords, is too melancholly to dwell on, however, I thought
in duty I could doe no less, etc. Signed, Antho. Hodges. Endorsed,
Reed. 20th, Read June 21st, 1706. 1J pp. [C.O. 152, 6. No.
53 ; and 153, 9. pp. 377-379.]
April 7. 245. Governor Sir B. Granville to the Council of Trade and
Barbados. Plantations. Encloses following, brought to me by an express
from Antego 2 days since. By it yor. Lordships will see the danger
of the Leeward Islands, and the nearness of it to us, at least all
people here are apprehensive that this Island will at last be
attack'd, and from the present strength of the French, as well
as what we have reason to believe they expect further, we are
as vigorously as we can preparing to receive them. We endeavour
to supply our weakness in men with intrenchments and redoubts,
which tho in some forwardness, are far from being finished, what
we have shall be made use of to the best advantage of H.M.
service, etc. According to the best intelligence I have the French
force is, 15 sail of men of war, most 70 and 60 guns ; 3,600 land
soldiers of their regular troops from Europe ; number of criolls
with their sloops and brigantines uncertain ; more men of war
and land forces expected daily from Europe. Signed, Bevill
Granville. Endorsed, Reed. June 24, Read July 1, 1706. 2 pp.
Enclosed,
245. i. J. Yeamans to Governor Sir B. Granville. Antigua,
March 25, 1 706. Gives news of the descent of the French
fleet upon Nevis [see June 3]. We expect to be the
next attack'd, and that very soon. 'Tis much to be
doubted succors from England will come too late, and
except this Island be reinforced by throwing in what
men your Excellency can speedily part with to our
assistance, we may fall a sacrifice with the rest ; which
may prove of that evil consequence as to encourage
France to attempt Barbadoes itself, etc. Signed,
104
COLONIAL PAPERS.
1706.
April 7.
Barbados.
April 8.
Barbados.
April 8.
Whitehall.
Jno. Yeamans. P. 8. The Commander in Chief lately
went hence with the Queen's troops in hopes to throw both
them and himself into Nevis, to the assistance of our
friends there, but we have reason to judge that Island's
so begirt with the enemy that it's altogether impractic-
able. I pray the sloop may be dispatch'd with an
account of what wee may depend on. If the fleet should
arrive from England sooner than expected, or when-
soever they do, I pray yor. interest in hast'ning them
to us. Copy. 2% pp. [C.O. 152, 39. Nos. 109, 109.i. ;
and 28, 9. Nos. 46, 46.i. ; and 29, 10. pp. 71-75 ;
and (enclosure 1 only) 7, 1. No. 9.]
246. Same to Mr. Sec. Hedges. Repeats part of preceding.
This Island is in no condition to spare any men to help others,
and it will be found difficult enough for it to defend itself, etc.
But how great soever our disadvantages may be, my confidence
is no less in the blessing wch. has ever so signally attended H.M.
arms, etc. Signed, Bevill Granville. Endorsed, R. June 23.
2 pp. [C.O. 28, 38. No. 47.]
247. Same to Governor Handasyd. Forwards letter from
Antego, and news of 12 sail sighted on the 6th off Barbadoes.
If this is the reinforcement from France expected at Martinique,
the French have a force in these parts which may be formidable
to all the English Southern Colonies. I am pers waded they will
make an attempt on this Island ; it is not unlikely but that they
may have an eye afterwards towards you, etc. Repeats part of
preceding. I desire you to acquaint Sir Wm. Whetstone, etc.
Signed, Bevill Granville. 1 p. [C.O. 28, 38. Nos. 48, and
(duplicate) 48.i.]
248. Council of Trade and Plantations to the Queen. Having
received letters from New York and New Jersey relating to
Col. Ingoldesby's two Commissions as Lieut. Governor of New
York and New Jersey [see Nov. 10, 1705], we do find that
the execution of the said two Commissions does cause disorders
and differences in those Governments with regard to the Governor
in Cheif and otherwise. Upon the surrender of the Government
of New Jersey to your Majesty, the Governor in Cheif of New
York, was, by a distinct Commission, constituted Governor of
New Jersey, and whereas the Governor of New York does most
reside at New York and, upon the occasions of his being absent
from thence to visit the Jerseys, there is a President and Councill
in New York for the dispatch of business there, we are humbly
of opinion that your Majesty's service no ways requiring that
there be a Lieut. Governor of New York, [and] that therefore
the Commission to Col. Ingoldesby as such be revok'd. And
whereas we do find that notwithstanding his being Lieut. Governor
of New Jersey, where it will be his duty to reside, he is not as
yet appointed of the Councill there, we are humbly of opinion
AMERICA AND WEST INDIES.
lor,
171 Mi.
April 9.
Whitehall.
April 9.
D.D.
Commons.
that your Majesty be pleased to appoint him of ye said Council!.
[C.O. 5, 1120. pp. 447-449.]
249. Council of Trade and Plantations to the Board of
Ordnance. Enclose account of the Ordnance and stores in the
Leeward Islands (see Sept. 17, 1705). [C.O. 153, 9. p. 325.]
250. Sir John Cooke to Mr. Popple. Reply to March 19.
I conceive that the Laws of War and of Nations do prohibite
such trade, and such prohibition seems to be contained or implyed
in H.M. Declaration of War, May 4, 1702; " We strictly forbid
all our subjects to hold any correspondance or communication
with France or Spain," etc. Nevertheless ye Queen may by
contrary Declaration and Instructions allow such Trade, so as
the same shal not be interrupted by any English ships of war
or privateers, as H.M. was pleased to do in respect to Spain,
by her Instructions Jan. 29, 170$, wch. I think was in time
precedent to ye passing of ye Bill to ye same effect. However,
I conceive that unlesse ye States General can be brought to
consent to such trade, the goods so sent will be liable to their
seizure and confiscation according to ye Laws of Nations : as
the effects of their subjects were here, notwithstanding ye
permission they had from ye States General, till H.M. was pleased
to allow thereof. Signed, J. Cooke. Endorsed, Reed. Read
April 18, 1706. 1 p. [C.O. 5, 1315. No. 25; and 5, 1362.
pp. 31, 32.]
April 10. 251 . Capt. Gardner to the Council of Trade and Plantations.
Encloses following. The power of doing Governor Handasyd
and his Regiment the service he might reasonably expect from
his Agent, was intirely taken away from me by his establishment,
by wch. the Government has the sole directions and remition
of pay there, etc. Signed, Ro. Gardner. Endorsed, Reed. Read
April 24, 1706. Addressed. 1 p. Enclosed,
251. i. Paymaster General to the Lord High Treasurer. The
uncertainty of the arrival of Bills drawn here, and the
great time taken in Jamaica for payment of them has
occasioned great disappointments and delays in
subsisting the forces there. Proposes that, instead of
advancing the subsistence for 6 months upon Bills
drawn here, the same may be issued monthly and paid
over by the Agent of the Regiment to some person
who shall lodge a credit in Jamaica, which Mr. Kent, on
behalf of Col. Knights and Sir Gilbert Heathcote both
offer to perform at a profit of 18/. p.c. to the Regiment
in the exchange. Signed, J. Howe. March 16, 170$.
Copy. 1| pp. [C.O. 137, 7. Nos. 22, 22.i. ; and 138,
11. pp. 455-460.]
April 11. 252. Instructions to Major Lloyd, Commander of the
Kensington. Garrison at St. Johns. You are to let the Commodore of the
Convoy for the time being at all seasonable times to inspect
106 COLONIAL PAPERS.
1706.
and take an acct. of the stores, ammunition and provisions there,
as also to deliver unto him a muster-roll and muster the garrison
before him, etc. No person is to be listed into our pay by you
in Newfoundland, except in cases of the greatest necessity,
whereof you are to give an acct. to our Capt. General. Neither
you nor any other officer is to carry on any trade in Newfoundland
etc. Signed, A.R. [(7.0. 324, 30. pp. 72, 73.]
April 11. 253. The Queen to the Commander in Chief of the Convoy
Kensington. a t Newfoundland. Whereas by the want of good discipline
among our subjects in Newfoundland the French were encouraged
the last winter to make an incursion into severall harbours
thereof, where they committed great spoil, etc., and Wee being
willing to provide for the better defence of such of our subjects
as remain there during the winter, Wee do hereby give you and
such as shall be appointed by you full power and authority to
constitute a Militia in the severall Harbours Coves and Creeks
of that Country wch. shall be inhabited, and to appoint such
and so many of the inhabitants as shall be judged by you to com-
mand the said Militia, etc. The Commander of the Garrison is
to be aiding and assisting them, and the Militia him. Counter-
signed, C. Hedges. [C.O. 324, 30. pp. 74, 75.]
April 11. 254. Instructions to the Commander in Chief of the Convoy
Kensington. a t Newfoundland. You are to publish the preceding Declaration
for raising a Militia in the first harbour where you shall arrive,
and cause it to be done in the others. You are to inspect the
stores and garrison of the Torts and report thereupon, and also
as to whether any of the officers trade etc. And whereas We
judge it conducing to ye safety of our subjects remaining in
Newfoundland that they do inhabit as near as may be together
during the whiter and the present warr, you are to admonish
them, and endeavour to perswade them in the severall harbours,
creeks and coves distant from St. John's Harbour, to transport
themselves and their families with the most valuable and portable
goods to St. Johns, where besides their own united strength they
will have the protection of our Fort and Garrison, etc. Signed,
A.R. [(7.0.324,30. pp. 75-78.]
April 11. 255. W. Popple, jr., to Mr. Perry. The Council of Trade
Whitehall. an d Plantations desire to know whether any tobaccos are exported
from England to Portugal and Spain. [C.O. 5, 1362. p. 32.]
April 11. 256. Order of Queen in Council. Revoking Col. Ingoldesby's
Kensington. Commission as Lt. Governor of New York, and appointing him of
the Council of New Jersey (see April 8. Set out, N.Y. Docs. IV.
pp. 1174, 1175). Signed, Chris. Musgrave. Endorsed, Reed. Read
April 24, 1706. 2pp. [C.O. 5, 1049. No. 13; and 5, 1120.
pp. 452-454 ; and 5, 980. No. 36.]
April 11. 257. Council of Trade and Plantations to the Queen.
Whitehall. Recommend 2 Acts of New York (see following) for H.M. appro-
bation. [C.O. 5, 1120. pp. 449, 450.]
AMERICA AND WEST INDIES.
107
1706.
April 11.
Kensington.
April 11.
Whitehall.
April 11.
Whitehall.
April 11.
London.
258. Order of Queen in Council. Ratifying Acts of New
York, for explaining an Act for settling the Ministry, etc. and
enabling William Bradford to sett the estate, of John Dewsbury
deed. etc. Signed, Chris. Musgrave. Endorsed, Reed. Head
May 7, 1706. 1} pp. [(7.0. 5, 1049. No. 15; and 5, 1120.
pp. 464, 465.]
259. Council of Trade and Plantations to Mr. Secretary
Hedges. We are preparing a report upon Mr. Quary's proposals
(Feb. 22 etc.). H.M. Envoy in Holland may make the enquiries
he suggests concerning tobacco there. And whereas he proposes
that liberty be obtained for H.M. subjects to send tobacco to
Narva etc. without being molested by the King of Sweeden's
men-of-war, we are humbly of opinion that Instructions be sent
to H.M. envoy at the Court of Sweden for obtaining that leave,
if possible, since otherwise those parts, which have been usually
supplied with tobacco from England, will find out another market
for the furnishing themselves with that commodity. Autograph
signatures. 2 pp. Annexed,
259. i. Extract of letter from Col. Quary, April 2, 1706. 1 p.
[C.O. 5, 3. Nos. 30, 30.i. ; and (unthout enclosure) 5,
1362. pp. 28, 29.]
260. W. Popple, jr., to Col. Quary. Asks for further details
upon his proposals for the tobacco-trade (April 2). Encloses
Memorials from Liverpool and Whitehaven (April 11, Mar. 8)
for his observations " as soon as may be, the Western merchants
being intirely of a contrary opinion to yours." [C.O. 5, 1362.
pp. 30, 31.]
261 . Mr. Perry to W. Popple. Gives details as to Continental
tobacco trade. Signed, Micajah Perry. Endorsed, Reed. Read
April 18, 1706. Addressed. J p. [C.O. 5, 1315. No. 26; and
5, 1362. pp. 34, 35.]
April 12. 262. Mr. Popple to Thomas Allen. Encloses the Attorney
Whitehall. General's opinion, March 23. [C.O. 5, 912. pp. 132, 133.]
[April 12.] 263. Capt. Daniel Johnson, the younger, to [?]. Prays an
order to be directed to the Governor of Bermuda to deliver the
goods (enumerated) of himself and his father, on account of the
Royal African Company, detained on pretence of his running
away with the Christopher, lately belonging to that Company, and
a like order to Edward Chester, or other Agent of the Company
at Antego. Endorsed, Ap. 12, 1706. [C.O. 37, 28. No. 1.]
April 12. 264. Mr. Popple to Attorney and Solicitor General. Encloses
Whitehall, letter and Address upon the Bahama Islands, April 3. The
Council of Trade and Plantations desire your opinion what may
be fittest to be done in Law for H.M. taking the said Islands
into her own hands, in order to secure the same to the Crown,
and for recovering the trade of H.M. subjects in those parts.
[C.O. 5, 1291. p. 359.]
108
COLONIAL PAPERS.
1706.
April 12. 265. Mr. Popple to Attorney and Solicitor General. Encloses
Whitehall, letter and Address, April 3, for their opinion as to what method
in Law is proper to be taken for the relief of H.M. subjects in
Carolina and the protecting them in their just rights. [(7.0. 5,
1291. p. 360.]
April 12. 266. Mr. Dummer to Mr. Popple. Gives sailings of the
London. West India packet. Out and home 107 days. Describes the
loss of the Barbados packet upon the corrall shoals of Hineago
Isle, Dec. 28, and subsequent plundering by a privateer. These
are losses oweing entirely to the carelessness, want of conduct,
or courage in the seamen, for ye vessels are of all others without
exception, and will doe what a man pleases. However, I am
not discouraged, and these accidents show at the same time
the means that will prevent them etc. Signed, E. Dummer.
Endorsed, Reed. Read April 15, 1706. Addressed. 1 p. [C.O.
323, 6. No. 4.]
April 12. 267. Council of Trade and Plantations to Governor Parke.
Whitehall. Having had under consideration an Act past at St. Christophers
1704, entituled an Act for subjecting that part of the Island which
was formerly called the French ground to the Civil Government,
we send you the same here inclosed, together with Col. Johnson's
reasons for not affixing the seal thereunto, which we neither
approve of, nor of his not affixing the seal to the Act after he
had past it in order to the registring and publishing of it ; we
desire you therefore upon your arrival to give directions that
the seal be affixed to the said Act, and that it be registred and
published there that it may immediately be in force and then
transmitted to us with your opinion thereupon for H.M. allowance
or disapprobation thereof. And whereas we are informed
the inhabitants in the Leeward Islands are under a mistake
in conceiving that no laws made there take place or are in force
untill they are confirmed by H.M., we desire you would make
them sensible of their errour, and let them know that all laws after
they have been past by the Governour in Chief, sealed, registred,
and published, are in force and ought to be put in execution till
H.M. signify her disapprobation thereof. [C.O. 153, 9. 326, 327.]
April 15. 268. Council of Trade and Plantations to Mr. Sec. Hedges.
Whitehall. Enclose extracts of letters concerning a considerable French
force in the West Indies. Autograph signatures. Endorsed,
Read Apr. 16, 1706. 1 p. [C.O. 318, 3. No. 29; and 138, 11.
pp. 453, 454.]
April 15. 269. Mr. Popple to Mr. Attorney General. Encloses, for
Whitehall, his opinion, Act of Jamaica, Oct. 30, 1705, to provide an additional
subsistance for H.M. officers and souldiers etc. [C.O. 138, 11.
pp. 454, 455.]
April 16.
Nevis,
Mrs. Stanley's.
270. [?]
to John Tonstall. Dear Friend, Since mine
P ac( l uet > with the relation of the misfortunes of
AMERICA AND WEST INDIES. 109
1700.
St. Xtophers, I have a more dismall and dreadfull story of my
own to relate, which requires that thou summonest and musterest
together thy best and strongest Reason to bear up and support
thee under, for it is the grieviousest shock of mischief Fortune
had in her power to smite both thee and me wit ha 11 etc., etc.
Describes the French invasion [see June 3]. They deceived
us and stole their landing at Green Bay and thereabouts. The
major part of our forces were quite the other side of our Island,
beyond Cades Bay. . . . Upon the hill above the Bath plain
our handful of men ingaged them very smartly for some time,
doeing them considerable mischief; in which ingagement Col.
Daniel Smith (would to God we had had a number of such men)
was shot in the right shoulder, etc. At Mr. Bevon's morning
star in an open ffield, under noe cover, we ingaged the main of
the enemy, 3,500 men (a peice of the greatest ffool hardyness
that ever people were guilty of) here was a very warm dispute,
and we knock'd downe three pair of their collours out of twelve
that marched against us. They shott dead upon the place
Major Wm. Child, and Mr. Lawrence Broadbelt had his leg broke
with a musquet ball close by me. When our people had got
enough of it here, they retired to the Deodand [see C.S.P., 1699.
p. 463] and Col. Wm. Butler in the way sett fire to his owne
house, where was a great quantity of goods belonging to the
adjacent inhabitants burnt. In the Deodand we mett some of
our Grandy men, and the main of our own forces, which ought
to have joined us and fought but thought better to secure them-
selves, wives and children in this safe retreat, where we was to
fight it to the very stumps ; but as the Devill and some of our
Grandy men would have it, on Sunday morning, when the enemy
march 'd boldly up to us, and by the strength of the place we
had ten to one against them, we surrendered the place and Island
in great hurry without fireing a gun etc. I would not have you
be too forward in defending the behaviour of some of our Grandeee,
for they do not deserve it, and time will tell you who they arc,
though now you would little suspect them. The brave behaviour
and defence [of the negroes in the mountains] shames what some
of their masters did, and they do not stick to tell us so. The
French since they have us under those rediculous conditions
make a jest of them etc. [as June 3]. Having got the four hostages,
Thomas Abbot, Joseph Stanley, Phillip De Witt and Charles
Earle, they thought fitt to take their leave the 10th inst. at night
somewhat in a hurry, haveing news by one of their spy-boats
of a squadron of 14 tall ships off of Berbados, since proved to be
a squadron of their owne. . . . Had we made any resistance
at the Deodand, the French own that they would have given
us very honourable conditions. M. Chavanac, who commanded
at St. Kitts, is a much more civilized man than M. D'Iberville.
Mr. Charles Bridgwater was marryed not an hour before the
alarm guns were fired, to the best fortune here, Mrs. Bartlet,
but had the displeasure to see it all destroy'd before he in joy 'd
his bride, so precarious is the riches of this world. It is impossible
H.M. Dominions in this part of the world should be preserved
110
COLONIAL PAPERS.
1706.
April 16.
Plymouth.
April 16.
Whitehall.
April 16.
Cockpitt.
April 17.
Antigua.
April 18.
Nevis.
and kept unless H.M. will guard us with a sufficient strength by
sea and a necessary supply of forces by land, which God put in
her heart to doe, else most of her Islands will be abandoned by
the inhabitants. It is to be hoped notice will be taken of our
people's being imprisoned, almost starved and barbarously used,
contrary to the Articles and the usage we alwayes give to their
prisoners of war. 4 pp. [C.O. 184, 1. No. 17.]
271 . Col. Quary to W. Popple. I hope to dispatch my
reply (to April 11) by the next post etc. Signed, Robt. Quary.
Endorsed, Reed. Read April 24, 1706. Holograph. 1 p. [C.O.
5, 1315. No. 28 ; and 5, 1362. p. 36.]
272. Council of Trade and Plantations to the Lord High
Treasurer. Enclose accounts of the Board (see March 25).
[C.O. 389, 36. pp. 313-315.]
273. Mr. Secretary Hedges to the Council of Trade and
Plantations. Col. Quary having given a further memorial to
my Lord High Treasurer concerning the Tobacco Trade, I desire
your further thoughts upon that matter. Signed, C. Hedges.
Endorsed, Reed. Read April 18, 1706. 1 p. [C.O. 5, 1315.
No. 27 ; and 5, 1362. p. 35.]
274. Lt. Gov. Johnson to [? Mr. Secretary Hedges]. I was
sealing up a long letter to your Honour, intending to dispatch
away the packquett immediately to Col. Handesyde, that he
might be early upon his guard. But I am now forc't to alter
my stile and measures, one of our spy boats just now return 'd
and brings us assurance that the French have quitted Nevis,
and withall not only a very melancholy account, but a very
different one from what exspected. Not knowing yet what is
become of the enemy, I doe not think it proper to goe from this
Island. I could wish the enemy had mett a warmer reception,
the Commander there is known to be as good and gallant a man
as any in H.M. Colonys, where the failure has been I shan't yet
pretend to determine. M. D'Iberville stood up to windward,
when he left Nevis, and wee are well assur'd M. D'Casse is arrived
with 14 sail att Martinique. I am endeavouring here to be as
well prepar'd as 'tis possible with a handfull of men, for if the
enemy be still to Windward, 'tis very probable they will make
us a short vissitt, tho such a force be by much to considerable
to be cheifly design'd against these weak Colonys, etc. Signed,
Jon. Johnson. Endorsed, R. June 23. If pp. [C.O. 7, 1.
No. 11.]
275. Capt. Dunbar to Col. Thomas Whetham. This is to give
you a melancholly account of the destruction of the poor little rock
of Nevis [see June 3]. The Dodang [see No. 270] is surrounded
by a deep gully on one side and a steep woody mountain on the
other, but neither provision of any kind, water or ammunition,
their coming was so sudden etc. Describes his protests against
AMERICA AND WEST INDIES. Ill
1706.
M. D'Iberville's hard usage of the prisoners of war. Nobody
has sivril aiivlhitiLT. l\> int* -him- H ami April 1 ' </<'. fiVjfNM,
David Dunbarr. Addressed. 3 pp. [C.O. 184, 1. No. 18.]
April 19. 276. Agents of Mr. Skene to the Council of Trade and
Lyme-Street. Plantations. Enclose following. By reason of the miscarriage
of the two packett boates which left Barbadoes in Nov. and
Dec., we believe some of his answers have been lost. Signed,
Tho. Foulerton, Row. Tryon. Endorsed, Reed. April 20, Read
May 1, 1706. Addressed. f p. Enclosed,
276. i. Answer of A. Skene to so much of the information
against Governor Sir B. Granville as relates to himself.
Neither informants nor any other persons preferred
any complaint against him ; he has, on the contrary,
been commended for the execution of his office. (1) As
to his taking an annual fee of 17s. Qd. for the Governor's
license for a ship to sail, he took only the usual 5s., but
sometimes when employed to draw a petition for a
master of a ship, as he was for Bayley and Keyes, then
he charged the usual fee of 12s. 6d. for that office. He
never exacted either for himself or for the Governor
any unlawful or unusual fees, see following. (2) He
was in no way an accessory in the carrying off of Mr. Lee.
He was only called from his house to suppress a riot.
(3) The deposition of Guy Ball (1705. No. 657) is
untrue. The Governor gave no order for stopping
the ships, only did not oblige those to sail which were
not ready. Signed as preceding. 2 pp.
276. ii. Certificate by Governor Sir B. Granville that the fol-
lowing is sworn a true copy. Signed, Bevill Granville. J p.
276. iii. Copy of proceedings at a Court of Oyer and Terminer
of Barbados, Dec. 11, 1705. Court House, Egginton's
Green, St. Michael's Town, Wm. Holder, Edward
Burke, Christopher Warren, Richd. Brewster, Thomas
Alleyne, Charles Buck worth, John Holder, Robert
Hackett, Simon Lambert, John Merring, Thomas
Prideaux, Thomas Afflick, Dudley Woodbridge, Wm.
Allamby, Robert Stillingfleet, Giles Theyer, Peter
Mascoll, Zachary Shute, Hugh Hall, John Rushworth,
Alexander Cuningham, William Shuller, of the Quorum.
Jury empanelled Dec. 12, vizt. Wm. Phillips, James
Browne, Wm. Harmer, Thomas Barry, George Lindsay,
Robert Allanson, John Howell, Robert Nurse, John
Calvin, Joseph Thome, Henry Williams, Bennett Reese.
Information of Wm. Rawlin against Alexander Skene
for procuring the carrying off of Francis Lee, and for
taking illegal fees from Keys, Baylie and Ball, etc.
Their depositions quoted and that of Alexander Arnott,
and Minute of Council Nov. 21, 1704. Skene was
acquitted. Endorsed as letter. 16 large pp.
276. iv. Certificate of the Council and Assembly of Barbados
in favour of Mr. Skene. He has always regulated himself
112 COLONIAL PAPERS.
1706.
by the knowne rules of his office etc. 23 signatures.
Same endorsement. 1 p.
276. v. Certificate by Governor Sir B. Granville that the
following were sworn to as genuine. Signed, Bevill
Granville. 1 p.
276. vi. Deposition of Mr. Arnot, that Skene assisted to
suppress a riot. An attack was made at night upon
the house of John Morris. Lt. Wanley arrested Francis
Lee. Signed, Alexr. Skene. June 23, 1705. 1 pp.
276. vii. Copy of Warrant for apprehending above mentioned
rioters. Nov. 25, 1704. Signed, Alexander Skene.
Endorsed as letter. 2% pp. \C.O. 28, 9. Nos. 39, 39.L,
40-43, 40 .i., 42. i. ; and (letter and enclosure i. only]
29, 10. pp. 50-57.]
April 19. 277. John Graves to the Council of Trade and Plantations.
I sailed from Portsmouth on the feast of St. Michael, 1 703, in the
Providence, Jos. Blagdon, master, for New Providence, having
on board Edwd. Birch, the Governor of the Bahama Islands.
We got into Providence Harbour Jan. 1st. Four brigantines
driven off their course put in there. There is a Fort about the
bigness of the Royal Exchange, having about 40 great guns,
and 150 men fit to bear arms, besides about 250 other souls.
When the enemy came they brought with them 4 or 500 men
in severall vessels, and having taken some prisoners, forced
them to pilot their ships into the Harbour, where landing they
found no resistance, nor was any of the inhabitants destroyed
at that time, except only one man, who was killed, and another
had his hand cut off. However, before they attempted the
Fort, they made a halt and by threatening their prisoners, found
there would be no resistance, so proceeded and carryed all
before them. The French Capt. and the Spaniards declared
if anybody had appeared in the Fort, and fired but one gun,
they would never have attempted it. Before they went off,
they burn't the town and Church to ashes, except 2 or 3 sorry
houses where the French and Spaniards kept their prisoners ;
they broke the carriages of the great guns and spiked up most
of them, some they tossed over the walls and some they threw
down into ye Fort, 2 or 3 were burst to peices. They plundered
in gold, silver, slaves etc. to the value of 30,OOOZ. ; and in Sept.
following they came and carryed off more plunder and 40 slaves.
Besides said damages, I have had no particulars, only that the
gates of the fort were broke down, and made a small breach in
the walls of the eastermost part of the Fort, which by very great
rains that fell some time before I came off were for about 40 ft.
much damnifyed. And here desire to take notice of an accident,
which contributed greatly to the enemy's success. Mr. Ellis
Lightwood, a Gentleman of a considerable estate in that Island,
having made great rejoycings and kept open house for the birth
of a son, so that allmost all the defensible men being at his house
on that occasion, were got drunk, and hardly in their beds when
the enemy landed ; this made their enterprise very easy, none
AMERICA AND WEST INDIES. 113
1706.
being in a condition to oppose ym. . . . In Jane, 1704, I went
in a small sloop a cruizing, being informed that 2 or 3 vessells
from Cun^ao was amongst the Islands trading with their dry
goods for our commodities. I found at Exuma Islands about
90 souls, I crossed the Channel to Columbus alias Cat Island,
found there at several places about 120 souls, upon Elutheria
at least 160, upon Harbour Island 60, and return 'd in July. On
Aug. 3 the Spaniards came in a gaily with 65 men, they lay to
the eastward and took one of our small sloopes that was coming
to Providence from Carolina, and made the prisoners pilot them
in before day and took us in our beds ; at which time there was
not above 20 men on the Island, and some of those at 20 miles
distance : their usage to me was very cruell, not leaving me a shoe
to my foot or more cloathing than would cover my nakedness,
and the next day most barbarously used me. Dec. 18 I went
to Carolina, where I found our Governor, who had been there
2 months before I arrived. I left upon the Island 27 families,
and amongst all the Islands at least 4 or 500 people that are
scattered some 200 miles distance, so yt. in a little time they
will be worse than the Wild Indians, and at the best they are
very ready to succour and trade with Pirates ; they have 12 or
14 small sloopes amongst them, that escaped the enemy, so that
unless H.M. give immediate protection, it will become a second
Madagascar. For my Lord Granville has declared that they
cannot send strength sufficient to protect the people, or to support
the Governor's power in putting the Laws in execution against
offenders. What will be requisite to revive the Colony and make
it a flourishing place of trade is as follows : 100 soldiers to be
kept in garrison. One small man of war and a yatcht or sloop
to cruise amongst the Islands in search of pirates and to prevent
unlawfull trade. 200 spare arms, 2 mortars for 6 inch shell,
4 hand-mortars for hand granados, carriages and stores for
40 groat gunns, which arc already there unmounted. All manner
of tools for procuring stone and timber for building fortifications
and barracks, and some long oars for sloops. Provisions for a
year. Please to note that only Providence was destroyed and
plundered ; that provisions have been for 20 years past at very
high rates, vizt. mutton, veal, pork and goat at 9d. per pound,
beef, fresh and salt, at 6d., eggs IJd. each, butter ISd. per ft.
milk 6rf. per quart, and other things proportionable, excepting
fish and turtle. But, in few years, with good management,
and the use of means that are to be found out, provisions may be
had cheap and in plenty, and H.M. eased of most if not all the
charge wch. this place at present requires to resettle it, and will
prove as good a place of trade as most in the Indies. Signed,
Jno. Graves. Endorsed, Reed. Read April 19, 1706. 7$ pp.
Enclosed,
277. i. Copy of Petition of the Inhabitants of Providence to
John Graves, H.M. Chief Officer of Customs there.
Nov. 30, 1704. Whereas we are informed by Thomas
Simpson that Edward Byrche, our Governor, is departed
for South Carolina, declaring before he went that he
Wt. 4912. 8
114 COLONIAL PAPERS.
1706.
found the people would not doe anything towards
settling the Government, and that he would leave them
as he found them, we, finding ourselves in a deplorable
condition, not having any head during his absence,
and severall Spanish prizes being now in this Harbour
brought in by Capt. Thomas Williams, by a lawful
commission from Governor Sir N. Johnson, which can
no ways be lawfully condemned, nor we receive our
just debts from Capt. Williams' company, who are most
inhabitants of this Island, and that our wives and
children are in a manner starved for want of cloathing
and provisions, being very lately barbarously plundered
by the Spaniards of all they had, not leaving to some
a shift to cover their nakedness, and we having no
prospect of relief without the condemnation of these
prizes, wee therefore request you to take the administra-
/ tion of this Government upon you with the advice
of a Council conven'd as nigh as possible to the Lords'
concessions, till the return of our Governour etc. Signed,
Richd. King, Timothy Marsh, Peter Courent, James
Simes, John Nuball, John Caverly [sic] jr., Edward
White, Benjamin Watkins, Jonathan Thomas, Thomas
Frith, Nathl. Simons, Mackell Tenes, Thomas Neiller, John
Simes, John Staritan, senr. and jr., Nathl. Staritan,
John Pinder, John Coverle [sic], John Somersell [sic],
John Backer, Ed. Bllay [sic], Jonathan Frist, John
Bullock, John Burton, Thomas Williams, Malachy
Salmon, Griffith Lewis, David Foise, Pieter (?), John
Williams, John Jones, John Bunch, Samll. Johnson,
James Maverick, Edward Minard, Jacob Fill, Razamnas
Floyd, Luke Horton, Thomas A , Nathaniel Garrell,
Abraham Carlee, Sam. Kellnge, Samuel Townsend,
Joseph Bullock, Joseph Minett, John Avery, William
Gignos, James Glover, Jonathan Potter, John Loe,
John Redwood. Endorsed, Reed, from Mr. Graves,
Read April 19, 1706. 2| pp.
277. ii. A Memorial : or, a Short Account of the Bahama
Islands etc. Delivered to the Lords Proprietors of the
said Islands and H.M. Commissioners of Customs by
John Graves, Collector etc. and now humbly presented
to both Houses of Parliament. Shows the value of
the Islands and of the harbour of New Providence,
which may prove another Tangere or Dunkirk, etc*
I have solicited some merchants and find some willing
to adventure to settle a factory to carry on the Spanish
Trade, which is the most profitablest trade in the known
world ; but they query how their effects shall be secured.
A man of war, a garrison and stores are wanted. A
Governor cannot subsist on the ^th part of your
Lordships' Tenth, which sometimes does not come to
30Z. per annum. War is no sooner ended, but the West
Indies always swarms with Pyrats, and one large ship
AMERICA AND WEST INDIES. 115
1706.
shall plunder the inhabitants when they please ; one
small pyrat with 50 men that are acquainted with the
inhabitants (which too many of them are) will ruin
that place, and be assisted by the loose inhabitants,
who have hitherto never been prosecuted to effect
for aiding them, nor is it in any man's power to do it
without strength sufficient to put the laws in execution.
Your Governors hitherto have wink'd much at such
ill practices for filthy lucre. I hold myself oblig'd,
as many years a tenant to your Lordships and 20 years
a dweller in Providence, to inform your Lordships,
that granting such Islands and other privileges from
the Tenants in general to particular persons will be
to the utter destroying the Colony. Anne Island,
call'd Hog Island, to Nicholas Trott [see C.S.P. 1699,
tfo. 810 and 1700. No. 250]. Now lately an Island
call'd Exuma, which has the great salt-pond on it,
to Henry Palmer, who was set at work by Trott to
purchase it for their joint interest. Your Brazalet-
wood and all timber to Palmer. Your whale-fishing
to another [see C.S.P. 1700. No. 250]. Fishing on
racks to another. All which is contrary to your first
condescensions to the first settlers, and your Instructions
to Governors, so that it is not in your power to grant
those privileges to any stranger or particular tenant.
We have now been 20 years in war, and your Lordships,
tho' often solicited, never did send us the least assistance
in any warlike stores. Your poor Tenants having been
so disheartened, and then harass'd, by ill Governors,
may be imputed the main reason that place has so
often suffer'd by the common Enemy ; and now lately
three times Plunder'd and lay'd in Ashes. Printed.
8 pp.
277. iii. Petition of John Graves to the House of Lords. The
inhabitants of the Bahamas pray to be taken under
H.M. protection. Set out, H. of L. MSS. New Series,
VI. p. 412. Signed, Jno. Graves, Collr. J p.
277. iv. A brief Memorial (on the importance of the Bahamas)
presented to the House of Lords by, Signed, Jo. Graves.
Set out, H. of L. MSS. VI. pp. 412, 413. 1 p. Nos.
ii.-iv. endorsed, Reed. Read April 19, 1706. [C.O. 5,
1263. Nos. 102, 102.i.-iv. ; and (without enclosures
ii.-iv.) 5, 1291. pp. 361-370.]
April 20. 278. Mr. Sec. Hedges to Governor Handasyd. Acknowledges
Whitehall letters of Jan. 14 and Feb. 16 with rumours of French fleet. It
omnwm/afiy 08 ' 11 '* ^ i ma gi ne d that France can spare many ships, having the
Cap/. Kerr). utmost occasion for them nearer home, but you do well to be on
your gunrd, and it is not to be doubted but you will do your
duty, you may be assured that all possible care will be taken
for your assistance from hence. Capt. Kerr is directed to saile
to Jamaica with the Breda, Windsor, Sunderland, Assistance,
116 COLONIAL PAPERS.
1706.
Dunkirk prize and Hawke fireship ; and when he arrives there,
to put himself under the command of Sir W. Whetstone, but in
case he is dead, he, Capt. Kerr, is then to take upon him the
command of the ships now at Jamaica, as also the Crown and
Sheerness, which he is to carry from Barbadoes and the Leeward
Islands, and then consider at a Councill of Warr, how the
squadron may be best employed, but more especially in the
attempting the Spanish Galleons, which is particularly recom-
mended to his care, but before he proceeds, he is to advise with
you and the Councill of Jamaica, what ships, if any, may be
proper to leave there for the defence of that Island in his absence,
and to desire of you and the Councill what assistance you can
give him, either as to men or shipping, for the better enabling
him to perform such service as shall be agreed on. When the
said service shall be over, he is to return the Growne to Barbadoes,
and the Sheerness to the Leeward Islands ; and he is particularly
directed to send the Trade from Jamaica to England under such
convoy and at such time as shall be judged most proper at a
Council of Warr. All which I acquaint you with, it being H.M.
pleasure that you should afford him what assistance you can
in putting his Instructions in execution, and particularly in
intercepting the Galleons, wch. have lately so narrowly escaped
Sir John Leake. H.M. has ordered the Secretary of Warr to lay
before Her what post in the Army is your due etc. I think there
can be no danger of your Regiment looseing its Corps. Signed,
C. Hedges. [C.O. 324, 30. pp. 79, 80.]
April 20. 279. Mr. Sec. Hedges to the Governor of the Leeward Islands.
Whitehall. By letters from Sir B. Granville I find that H.M. subjects in the
West Indies have been alarmed by reports of [preparations
making by the French for some expedition in those parts, which
we have reason to look upon as groundless, since it cannot be
imagined that they can spare so many ships for such an enterprise,
having BO much occasion for their navall strength nearer home.
However you will do well to be upon your guard, and you may
be assured all possible care will be taken for your assistance
from hence. H.M. is now sending a squadron of ships under
Capt. Kerr, who is directed to proceed to the Leeward Islands
with his own proper squadron, as above, as also the Jersey and
Crown (if she timely joins him at Spithead) and the Sheerness
and Swan. When he comes to the Leeward Islands, he is to
inform himself of you and the Councill what number of ships
(if any) the enemy have in your parts, of what strength they
are, and how they design to employ them. And if he is informed
that they intend to insult any H.M. Plantations, or to make any
new Settlement either at Tabago, or among any of the Leward
Islands, he is to consider at a Councill of war, what may be fitt to be
done, and to desire of you and the Councill of the Leeward Islands
what land-forces you can be able to supply him withall. If the
Councill of War thinks it necessary that he should carry with
him all or part of the ships that shall be at Barbadoes and the
Leeward Islands (i.e. the Kinsale, Maidstone, Experiment, Dolphin,
AMERICA AND WEST INDIES. 117
1706.
Jerzey, Crown ;it Barbadoes, and the Greyhound, Medway Prize,
Sheerness and Stvar .-it I he Leewanl : 1.1 do it, but
return them to those Islands again, so soon as the service
shall be over, .-nd from the Leeward N.-mds he is to write to
Barbadoes for tin ships there, and for such land forces as can
!> span (I I'roji; thence, be is Abo to gO tO 1 irlm !<>-. m<i to pivrrn
himself there in the same manner, and if he proceeds on service
against the enemy directly from Barbadoes, to send to the Leeward
Islands for the ships there and for such land forces as you can
supply him with. You are to give him all the assistance you
can etc. Signed, C. Hedges. [C.O. 324, 30. pp. 81, 82.]
April 20. 280. Same to Governor Sir B. Granville. Repeats preceding,
Whitehall, mutatis mutandis. Signed, C. Hedges. [C.O. 324, 30. pp. 82-
84.]
April 20. 281 . Lt. Governor Hamilton to the Council of Trade and
Plantations. Repeats letter of March 15. Since which the enemy
Charlo8 P Fott. nave wholly subdued Nevis in twodayes, the jxirticulars I suppose
your Lordships have from Col. Abbott, etc. Refers to enclosures
and begs the Board to represent the state of [St. Kitte] to H.M.
that care may be taken to supply me, that so good a Colony and
two of H.M. best forts in the West Indies, may not be lost for
want of soldiers and ammunition to defend the same, for the
Assembly have been put in mind of what was needfull for several
years before I came to the Government, and very often since,
they have often made fair promises, but could never see any
performance : when the enemy were actually before Nevis for
the first time, then I was forced to use all manner of means to
get some provisions into the forts, and had barraks built with
thatch in the forts after the enemy were actually landed, though
the Assembly have been often put in mind of the ill consequence
that attends thatched houses. As for the soldiers of the
Regiment, I nor no other Lieut. Governor can have any dependance
upon them, for sometimes detachments are ordered aboard
H.M. ships of war, at other times drawn off to other Islands,
as the Commander in Chief thinks convenient. I had now out
of the three smal Companies that are posted in this Island 37 of
the best men pick't out, and carried to Antigua, where they now
are, and your Lordships are sensible what it is to defend a garrison
with Militia that have constantly their wives and children
bawling about them ; I therefore hope that your Lord'-hips will
take it into your consideration, and represent to H.M. the necessity
of having a constant good garrison and provisions to preserve
two Forts, which if well provided, will bo almost impregnable,
and forever maintain H.M. Soveraignety in this so fertile and good
an Island. I most humbly offer, that if two good independent
Companies of 100, or itself of 80 men each, were here constantly
in garrison it would put a mighty dread in the enemy, and hinder
them not only from attempting the forts, but hinder the privateers
from coming to almost any part of the Island, as they now
sometimes do in some by-places to get off negroes, which can
118
COLONIAL PAPERS.
1706.
hardly be prevented, wee having very good bayes along shoar
to land in for 24 miles together and impossible to guard every
bay with so few men, and if anything of that kind should happen,
those soldiers would at all times be ready at a minute's warning ;
wheress the Militia are a long time before they can be got together,
too late for such a service. If a mortar or two for bombs were
ordered in the Fort, in case any of the enemies shipping should
come to batter, might prove of vast service, and an ingenier
for some time to make some necessary works upon Brimston
Hill etc. I am afraid I have trespassed in being so tedious, but
beg your Lordships to believe it is out of a true zeal for H.M.
service, and the preservation of the Colony I am intrusted with,
however rudely I have been treated by some self-will'd, malicious
person. Signed, W. Hamilton. Endorsed, Reed. June 24, Read
July 1, 1706. 2 pp. Enclosed,
2'l. i. Account of Stores and Troops in St. Kitts, April 20,
1706. Total, 431 men, including 45 H.M. soldiers, etc.
Signed and endorsed as preceding. 1 p. [C.O. 152,
6. Nos. 57, 57.i. ; and 239, 1. Nos. 9, 9.i. ; and
(without enclosure) 153, 9. pp. 381-384.]
April 22. 282. Col. Abbott to [? Sir C. Hedges]. Describes French
Nevis. invasion. See June 3, April 16 and 18. The enemy stole a
landing at Green Bay, where was posted Col. Burt and 30 men
at Long Point, and Lt. Col. Butler and 40 men at Gualding's
Point : the former leaving his post, and the latter not taking
that due care as became him, was the occasion of our being surprised.
Complains of the want of a Regulation of officers, not having
Commissions, myself none, since the going out of Col. Codrington.
Col. Johnson has not dun this Island the justice he ought, it
being only one thretned. Platforms will not fight themselves,
have occasion 'd great expence to little purpose. I could never
get 200 men at no time to face the enemie, and the chief officers
constantly discouraging the men, 'twas impossible to doe anything,
I meane the 2 gentlemen before-mentioned, never such pultrongs
living. Could not pretend to fight their whole army myself, there
was never such an immorigrous people ever hatch 't etc. Signed,
Rich. Abbott. P.S. The principal! inhabittants having made
choyce of an Agent here, could not prevaile with the Commander
of the Antigua packett, nor with Col. Burt, Deputy-Postmaster
here, for an accommodation on board her, but was preferable to
a common strumpit. The number of negroes the French have
plunder'd is about half, and the greatest part of the menkind
being now in our mountaines refusing to surrender their arms,
wee being disarm 'd by the enemy, are forced to let them take
their own measures, which proves very pernicious to uss, by
killing all our stock, soe that we shall be forced to dissert for
want of sufficiencie. Endorsed, R. June 26. 3 pp. [C.O. 184, 1.
No. 19.]
April 22. 283. Sir C. Hedges to the Council of Trade and Plantations.
Whitehall. Desires warrants for Col. Ingoldesby as April 11. Signed,
AMERICA AND WEST INDIES. 119
1706.
C. Hedges. Endorsed, Reed. Read April 24, 1706. 1 p. [C.O.
5, 1049. No. 14; and 5, 1120. p. 455.]
April 22. 284. Lt. Governor Bennett to Mr. Popple. A vessel this
Bermuda. d a y arriving here from Antigua (the onely one permitted to come
away) brought me a letter from an inhabitant there, dated
March 30 last. I had not time to transmit it att large, but my
brother has a copy thereof. The contents are, that on Feb. 4
last appeared a French fleet consisting of 7 large ships, 3 brigan-
teens and 20 sloops, who we believed intended to land on our
Island, but the wind blowing very hard att Blast, they were
forced to bare away for Nevis etc. Describes attack on Nevis
and St. Kitts. On March 21 they appeared again to us with
52 sail of vessels, but they went to Nevis again, and has burnt
and destroy'd that, and we daily expect them up here att
Antigua." By the vessel that carries this to Virginia I have
sent letters to the Governors throughout the Continent, that
they may know the danger of letting vessels go to the Southward.
I expect a visit from the enemy upon their return homeward
from the Havanah in Aug. or Sept., for they must cross this
latitude, but I shall be prepared for them, and will doe what
I can to defend this place. Signed, B. Bennett. Endorsed,
Reed. Oct. 15, 1706, Read March 14, 170f Holograph. 1} pp.
[C.O. 37, 7. No. 38 ; and 38, 6. pp. 224, 225.]
[April 22.] 285. Estimate of cost of a garrison of 100 centries etc. for
the Bahamas. Total, 2,114/. ISs. 4d. per annum. Endorsed,
Reed, from Mr. Killigrew. April 22, 1706. 1 p. [C.O. 5, 1263.
No. 103.]
[April 22.] 286. Similar estimate for a garrison in Port Royal, Carolina.
The Proprietors' charge of the Civil List is : Governor 200/.,
Secretary 70J., Judge of Common Pleas 60/., Naval Officer 40/.,
Surveyor General 100J., Receiver General 80J. Total, 610/.
Endorsed as preceding. 1 p. [C.O. 5, 1263. No. 104; and
5, 1291. p. 371.]
[April 22.] 287. An account of the commodities which Carolina and
the Bahama Islands do or may produce. Should I write the
description of Carolina with all its Beauty, health, fullness and
product it is capable of, it would not onely swell to a vollume,
but would look like a romance etc. Carolina produce : Pott
ashes, rice, the best yett known, hemp and flax twice a year,
cole seed, rape seed, and lindseed oyles, pitch, tarr, rosin,
turpentine, safflower for dyes, tobacco as good as Spanish, silke
twice a year, tallow hides, deer and other skinns, almonds, raisins,
dryed grapes, figgs twice a year, tea better than Bohee tea,
pmnelles and other plumbs yt. now come from France ; olives
thrive to a miracle ; mulberry wine, whale fishing ; delicious
peaches of 24 ounces from which are made rare wines and excellent
brandyes, and when dryed are an exceeding good sweetmeet,
tho' at present many are given to ye hoggs by reason of ye plenty ;
120
COLONIAL PAPERS.
1706.
green wax in great quantityes, being ye product of ye mirtle
berry, cochoneal lately found and may be propogated ; druggs
for dyers and apothecaries too numerous to name. All sorts
of timber. The Carolina trade with ye Leeward Islands is at
present : Corne, twice a year, Beef, Porke, Potted venison and
fowle, Beefe, Soap, Candles, Butter, Chease, Pipe staves, Boards,
Planks, Timber for houses and mills and sugar works, Spiritts
of severall kinds from fruits. The Bahamas product and
trade is, or may be : sugar, indico, ginger, cotton, kidd-skins,
cocoa, oranges, lemmons, pomgranates, brazilletto wood,
spermacaeta whale, amber-grease, tortoise-shell. Dates will
thrive to a miracle. The thick-wrind gitterne tree, from whose
fruit and flower is made so delicious a drink yt. it is (tho made
at Barbados) sold there for 8s. a quart. Salt in vast quantities,
etc., etc. Endorsed as preceding. 2 pp. [C.O. 5, 1263. No. 105.]
April 23. 288 . Governor Dudley to the Council of Trade and Plantations.
Boston. Ten days since I received your Lordshipps' letters, and the
duplicate of Oct. 29 last, with the inclosed accounts of
Mr. Dummer's packet boats, and the Assembly of the Province
being sitting, I communicated the same with all advantage, and
at their next meeting I suppose they will offer something there-
upon. Refers to previous letters. I have nothing to add by this
uncertain conveyance, but that every thing is well here. I have
had no trouble from my French and Indian neighbours this
winter, they have no habitation nor planting within the lines
of these Provinces, which I have destroyed in the two years past,
and their marches are now so long, about 300 miles, and they
have been so often disappointed, that I believe I may be at ease
from them, but dare not abate of my forces, which burthen the
Province with a very great charge, but they have not yet accounted
it heavy, being perfectly satisfied with the just and thrifty expence
thereof, which makes me easy with them. I humbly pray your
Lordships will represent my service herein to H.M., and if I can
approve myself herein, I am well rewarded for all the fatigues
I have taken etc. Signed, J. Dudley. Endorsed, Reed. 6th,
Read July 15th, 1706. 1 p. [C.O. 5, 864. No. 68 ; and 5,
912. pp. 178-180.]
April 23. 289. Col. Quary to Mr. Popple. Encloses reply to the
Plymouth. Merchants of Liverpool. I will finish my reply to the Whitehaven
merchants by the next opportunity. I beleive wee shall sail in
the morning. Signed, Robt. Quary. Endorsed, Reed. Read
April 29, 1706. Holograph. 1 p. Enclosed,
289. i. Col. Quary to the Council of Trade and Plantations.
Confirms his remarks upon the Continental Trade
in Tobacco. (Feb. 22.) Plymouth, April 21. Signed,
Robt. Quary. 2 pp.
289. ii. Reply to the Merchants of Liverpool, April 6.
(1) Maryland is certainly later than Virginia, but there
is no tobacco out after Oct., which gives the planters
at least 7 months to strip and pack their tobacco before
AMERICA AND WEST INDIES. 121
1706.
May. But this being a matter of fact, I appeal to the
.W -i nliUes. (2) The merchants will have at least
7 months to sell their goods and purchuM- their loading.
Tin ic would be no glut, the ships not being confined
to any one place. Anyhow the Planters have only one
crop a year. (3) This tender concern for the poor
planters happens very unseasonable, for the very last
year the persons imploy'd by these very Gentlemen
took the advantage of the poor planters' necessity
and forced them to part with their tobacco for Jrf. per lb.
(4) It was not the quantity that came in the first fleet,
but the expectation of others to follow that lowered
the price of tobacco here. (5) The ships are generally
made up at Kiquitan or Lynhaven Bay and a N. wind
will bring all the ships from every river etc. Plymouth,
April 23, 1706. Signed, Robt. Quary. 4 closely written
pp. [C.O. 5, 1315. Noa. 30, 30.L, ii. ; and 5, 1362.
pp. 53-63.]
April 24. 290. Council of Trade and Plantations to Mr. Secre-
Whitehall. tary Hedges. Enclose follouring. Autograph signatures. 1 p.
Annexed,
290. i. Draft of warrant for Col. Ingoldesby's Commission etc.
(see April 11 and 22 and N.J. Archives 1st ser. iii. 146).
[C.O. 5, 980. Nos. 37, 37.i. ; and 5, 1120. pp. 456-
458.]
April 24. 291 . W. Popple to Mr. Attorney and Solicitor General.
Whitehall. Presses for reply to letters of April 12. [C.O. 5, 1291. p. 374.]
[April 24.] 292. Mr. Graves to the Council of Trade and Plantations.
Suggestions as to what is needed to put New Providence into a
state of defence. Signed, Jno. Graves. Endorsed, Reed. Read
April 24, 1706. 1 p. [C.O. 5, 1263. No. 106; and 5, 1291.
pp. 372-374.]
April 26. 293. Virginia Merchants to the Council of Trade and
Plantations. In reply to queries. (1) It would be of the greatest
advantage to our Plantations and encourage the merchants
importers to bring home more tobacco etc. if H.M. subjects may
have the same liberty to send our tobacco to France directly
as the Dutch have etc. (2) As to some encouragement to be
given for the manufacturing of tobacco in England. Propose
that all tobacco used in the Navy or by our armies abroad be
manufactured in England etc. (3) As to making the export
of tobacco as easy to our merchants as possible, so as to be able
to undersell the Dutch, an Act of Parliament will be required.
(4) Liberty obtained from the King of Spain freely to import
tobacco of the growth of our Plantations into his dominions
to be freely sold there, which hath been of late years made difficult,
notwithstanding a former Treaty, and from the King of Portugal
at least the liberty to furnish our forces in his service, will be of
122
COLONIAL PAPERS.
1706.
great help to our Plantations by making the consumption far
greater. (5) A speedy Treaty with the Czar for a free importation
by all English subjects would give life to trade and support
thousands etc. Signed, John Hyde, Tho. Wharton, John Linton,
Izaac Millner, Tho. Coutts. Endorsed, Reed. Read April 26, 1706.
2 large pp. [C.O. 5, 1315. No. 29 ; and 5, 1362. pp. 37-43.]
April 26. 294. Council of Trade and Plantations to Governor Sir B.
Whitehall. Granville. Acknowledge letters of Oct. 22 and Jan. 22. We
are glad that you found a better temper in the last Assembly
than was in the former ones, and we hope that by your prudent
management and equal administration of Justice, you will have
composed the differences that have lately been in that Island.
Enclose Order of Council, April 4, repealing Act confirming
titles, to be entered in the Council Books. And for your
better guidance in the passing of another Act of the like nature,
we send you here inclosed a copy of Mr. Attorney General's
report thereupon. We send you also an extract of our Minutes,
March 18, 170f, upon an Act to keep inviolate the freedome of
elections (a copy whereof was delivered to Col. Clealand), by which
you will know our opinion upon the said Act. Not having yet
received from you such an account of stores of war as you were
directed to transmit, Feb. 22, 170f, we send you a copy of ye
said letter, that you may take care that ye same be duly complyed
with. [C.O. 29, 10. pp. 46, 47.]
April 26. 295. Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. Enclose following, to be laid before H.M. Autograph
signatures^ 1 p. Enclosed,
295. i. Council of Trade and Plantations to the Queen. Report
upon convoys and tobacco trade of Virginia and
Maryland. Quote Col. Quary, April 2 etc. The
merchants of London differ very much amongst them-
, J *.' selves and from those of the Western Ports, for that
some of them being only Factors and Agents for the
Planters, and others being merchants, or purchasing
tobacco in the country on their own behalf in exchange
for goods by them imported thither, each gives his
opinion according to the particular view and interest
which he hath in the disposal of his tobacco. The
merchants of London who trade for themselves wou'd
alwaies have the market open and therefore desire
2 convoys yearly, those who trade as Factors are satisfied
with one. We are humbly of opinion that, with regard
to the general security and advantage of the trade,
and to the present occasions which your Majesty may
otherwise have for your shipping, one convoy may
suffice, which, as is generally agreed, may sail not later
than Sept. Reasons given. This routine to commence
Sept., 1707, and meanwhile one to sail in Jan. next.
Ships from the Western Ports not ready to sail from
England with the outward-bound convoy may go as
AMERICA AND WEST INDIES. 123
1706.
best they can. After the arrival of the convoy in
Virginia and Maryland, no ships to sail thence before
its departure, without particular leave from your
Majesty. Ships not able to come away thence with
the convoy, by reason of their latt arrival from England
or other accidents, may be permitted to return without
convoy. After the arrival of the convoy, one of the
ships of war to remain during the winter season in the
Rivers of Virginia, another in Maryland, and the rest,
in case they arrive soon enough, before the setting in
of the Frosts, to wood and water etc., and to cruize off of
Barbados and the Leeward Islands, or elsewhere within
the Tropics, as H.R.H. shal direct, for the better security
of the trade of those parts which hath lately very much
suffered by the enemy. Quote Sir J. Cooke [April 9]
upon Col. Quary's proposal that H.M. subjects have
liberty to send their tobacco directly to France. We
humbly represent that, whereas at present there is no
commerce by English ships with France, your Majesty
may permit newtral ships to load tobacco in England
and carry the same directly to France etc. We have
had proposals that all tobacco used on board your
Majesty's Navy may be allowed the same drawback
as for foreign exportation ; but whereas the same
may considerably diminish your Majesty's Revenue,
we cannot advise the same, or that the tobacco for the
Navy and Armies abroad be manufactured here in
bright rolls, there being no law to inforce the same,
besides the putting such of your Majesty's subjects
as are in your immediate service under particular
restraints. Propose that H.M. ministers at the Courts
of Spain and Portugal press, as suggested by Col. Quary,
for free importation of tobacco etc., and as to Russia,
that H.M. Orders to her Envoy be respited for a short
time to enable the Contractors with the Czar to sell
their stock. As to Sweden repeat Representation of
April llth. Autograph signatures. 13 pp. Set out in
part, Acts of Privy Council, II. No. 1016, q.v. [C.O.
5, 3. Noa. 31, 31.i. ; and 5, 1362. pp. 43-53.]
April 26. 296. Council of Trade and Plantations to Lt. Governor
Whitehall. Johnson. Acknowledge letters of Sept. 15 and 17, Nov. 3 and
Jan. 29. We observe what you write in the first in relation to
the fortifications etc. We approve of your care and diligence
in putting the Islands in the best posture of defence you can,
and we desire you from time to time to give us the most particular
account you are able not only of their state of defence, but of
all other matters relating to your Government. We have
examined the accounts of stores of warr in Nevis and Antegua,
but not finding the said accounts so particular as was expected,
so that we suppose you had not H.M. Instructions in that behalf,
which has been given to Col. Park, a copy whereof is here inclosed.
124
COLONIAL PAPERS.
1706.
April 26.
Whitehall.
We writ to you fully, Nov. 1 last, in relation to the sending us a
collection of all the laws, and that being a matter wherein H.M.
service is so much concerned, we must again repeat it as necessary
to be done, as Col. Park is likewise directed. You say, Nov. 3,
that " we never proceed by any laws that are not confirmed
except such as lye before H.M. for the royal assent." We do
not well understand what you mean by that exception. Repeat
Instruction given to Col. Park April 12 fin. [C.O. 153, 9. pp.
330-332.]
297. Council of Trade and Plantations to Governor
Handasyd. Acknowledge letters of Nov. 20, Jan. 14, and Feb. 7
and 16. We have consider 'd the Act for quartering of souldiers,
and agree with you that it is not fit for H.M. royal approbation ;
however, we have sent it to Mr. Attorny General for his opinion
in point of law, and do intend as soon as we shall have recieved
it, to lay the said Act before H.M. for her disallowance thereof,
in the meanwhile you will do well to endeavour to persuade the
next Assembly to pass a new Act for the quartering of souldiers,
but without that clause which excludes all who are not natural!
born subjects of England or the Islands in America from any
civil or military imployments. We can no way approve of the
allowing the souldiers 5s. a week in lieu of quarters, as we have
formerly writ you, and therefore we desire you to move the
Assembly again, upon that head, and to endeavour to make
them sensible how much it is their interest to contribute towards
the building of barracks for the lodging souldiers H.M. is pleased
to send for their defence, which will in a great measure free them
from the annual charge they are at in quartering them. We
have communicated what you write in relation to the hardship
your regiment suffers to Capt. Gardner your Agent, and enclose
his answer [April 10]. We have laid what you write in relation
to Capt. Allen ; to the preparation of the French at Martinico ;
to your want of the two additional Companys ; and to the rank of
your Corps, and your own advancement before H.M., and are
assured that you will be satisfied in those particulars. Not
having yet received from you such an account of stores of war
as you were directed to transmit by H.M. letter of Feb. 22, 170f,
we send you a copy of the said letter, that you may take care
that the same be duly comply'd with, and that you give the
necessary directions therein. [C.O. 138, 11. pp. 460-463.]
April 29.
Whitehall.
April 30.
Whitehall.
298. Certificate by the Council of Trade and Plantations.
Mrs. Elizabeth Furnesse is entitled to be paid for the engraving
of the Seals for the Plantations etc., the executors of her father
Henry Harris waiving any claim, as per annexed certificate.
[C.O. 324, 9. pp. 120, 121.]
299. W. Popple to
Col. Quary's letter, Apr.
p. 64.]
Mr. Linton. Encloses extract from
23, for explanation. [C.O. 5, 1362.
AMERICA AND WEST INDIES. 125
1706.
[April 30.] 300. John Ferric, Provost Marshall of the Leeward Islands,
to the Council of Trade and Plantations (see Jan. 29). Prays
that the suspension of hi Deputy, John Barnes, by Lt. Gov.
Johnson without the advice of the Council, be taken off, and
his fees returned and that the Provost Marshall be not required
to do other duties than by the Law directed. An Act of Antigua
specially provides that the duties of the Provost Marshall are
only to summon the Council and Assembly and attend the
Governor or Lieut. Governor on all publick occasions or when
in Council. Endorsed, Reed. Read April 30, 1706. 11 pp.
[C.O. J52, 6. No. 41.]
[April 30.] 301. Mr. Roope to the Council of Trade and Plantations.
Prays for consideration of his great losses, and of his services in
helping to build the new fortifications at St. Johns etc. Signed,
John Roope. Endorsed, Reed. Read April 30, 1706. 1 p.
[C.O. 194, 3. No. 160.]
May 1. 302. Attorney General to the Council of Trade and Planta-
tions. Report upon the Laws of Nevis passed Feb. 23, 1704.
( 1 ) I take the Act for the establishing of Courts and settling due
methods for the administration of justice to be of an extraordinary
nature, for H.M. by her Commission to the Govern our hath
empowered him to erect Courts and name Judges and other
Officers, and wt. such Governour may doe, is done by this Act,
wch. seems to be prejudicial to ye authority given by H.M. to
ye Goveniour, and there not being an Appeal reserv'd to H.M.
in Council, tho an appeal is allow'd to ye Governour, if this
law be confirm 'd it may be a question if any such Appeal can be
admitted, the Court erected by this Act being declar'd to have
yc same power and jurisdiction as ye Courts in Westminster
Hall have. However on perusall of an Abstract of ye Planta-
tion Laws lately printed, I find there are laws allow'd in Barbados,
Jamaica and Virginia, for erecting of Courts. An Act to regulate
the proceedings of Courts may be u.si full, but many of ye regulations
mention'd in this Act I do not think are proper, particularly
making a summons fix'd up at ye Court House door to be sufficient,
where the Defendt. is absent and hath no Attorney, but hath a
freehold, for that ye summons should be in reason on his freehold,
by which he may have notice. Judgments may be given by
this Law against absent persons, on such summons so fix'd, and
ye Court is without Jury to ascertain damages, and the plaintif
is to give security to refund if in two years ye Deft, makes appear
less is due than is allowed, without regard to his being an infant
or mad, or in prison, or beyond sea. Issuable Pleas are to be
t i-v'd at ye Court they are pleaded, wch. may be inconvenient.
On executions the Provost Marshall is enabled to sell inheritances
if ye Deft, has no goods, wch. is unreasonable, the Law of England
allowing to hold ye sa me by extent till ye debt recover'd be satisfy'd.
Besides, the sale is made good against y Deft., and all persons
claiming by, from or under him, wch. will avoid ye Deft.'s acts
precedent to ye judgmt. not being restrained to claims after ye
126 COLONIAL PAPERS.
1706.
judgmt. One party is not allow'd a lawyer to plead for him,
if the other cannot gett one. After verdict the deft, is barr'd
from arresting ye judgmt. in all cases, wch. is unreasonable,
for it may be (and often happens) yt. no action by law lyes for
the matter mention'd in ye plaintif's declaration as for words
not actionable, and yet having a verdict, ye Plantif by law must
have execution. All extraordinary contempts of Jurymen,
and tales are to be punish 't by ye Judges by nine ; what contempts
are meant doth not appear, perhaps it may be taken to be a con-
tempt, for not finding a verdict according to ye direction of ye Court,
for which by law they are not to be fined. A lawyer is oblidged
to give his argumt. to ye Judge in writing, wch. is ridiculous ;
the Judge is to observe and take notes. A bill return 'd protested,
the drawer is to pay ye deliverer 10Z. damage and 101. interest,
with allowances for Exchange. This is a matter different from
ye title of ye Bill, and is not proper, being ye same allowance
in all cases, be ye summe in ye Bill more or less. There is also
erected by this law a perpetual Court Mercht., who are impowered
to hear and determine with a Jury, accorolmg to Law, equity
and good conscience, all causes between transient persons, not
exceeding ye value of 1001. current money, wch. power given
is arbitrary and uncertain, whether the Judges are to act according
to Law or Equity, and not fit to be allowed. (2) The Act
for the better Government of negroes and other slaves. I am of opinion
that this Law extending to other slaves as well as negroes, which
will include persons stole in England and sold there, will be
unreasonable, for it makes it felony for any person to endeavour
to regain or restore them to ye liberty they were unlawfully
depriv'd off, and it will be unreasonable to subject the white
slaves, who may fairly become slaves by their own contracts, to ye
power by this Act given to two Justices of ye Peace to condemn
them to death or dismember them arbitrarily without any form
of proceeding for offences capital, and if any white or black slave
shall wound, hurt, bruize or maim any white person, not excepting
in defence of his owner, two Justices of the Peace may sentence
him to death or dismembring, and the very attempting to carry
a slave (which includes white slaves) from ye Island is made
felony. Therefore I am humbly of opinion this law giving such
powers, and depriving all persons stol'n and sold into slavery
from all assistance of their ffriends for regaining their Liberty,
is fitt to be rejected. If it had extended onely to ye negroe
slaves, I am of opinion it were not fitt to be confirm 'd absolutely,
but onely for a time, that it might be seen how usefull it would
be. P.S. Having discoursed Coll. Jorey on this law, he tells
me that none are taken to be slaves but the negroes and Indians
neighbours of Nevis, and that the white servants are not taken
to be slaves ; if that be soe, it answers the objections I have made.
Signed, Edw. Northey. Endorsed, Reed. Aug. 4, 1704, Read May 1,
1706. 3pp. [(7.0.152,6. No. 43 ; and 153, 9. pp. 333-340.]
May 1. 303. Council of Trade and Plantations to Governor Lord
Whitehall. Cornbury. In reply to letter of Nov. 27, 1705. fiefer to their
AMERICA AND WEST INDIES. 127
1706.
letter of Feb. 4. We do not think it necessary that the salaries
of officers in your Government of New Jersey should be so high
as those at New York, New Jersey not being so considerable a
Province ; however, your Lordship will do well to move the
Assembly again to provide sufficient salaries for them, in case
the present settled Revenue will not answer those ends, whereof
the establishment should be sent to us. Your Lordship says
that H.M. has been pleas'd to settle 600/. sterl. a year upon you
for that Government. But your Lordship does not tell us how
and when the same was done, and by what establishment. We
are glad to understand your Lordship's resolution of not engaging
yourself in any party, but of behaving yourself equally to all
H.M. subjects, which will most tend to H.M. service and the
good of the country. As to Coll. Ingoldesby, H.M. has been
pleas'd to revoke the Commission to him as Lieut. Governor
of New York, and to order that he do reside in New Jersey, where
he is likewise appointed one of the Council. [C.O. 5, 994A.
pp. 282, 283.]
May 1. 304. Council of Trade and Plantations to Governor Lord
Whitehall. Combury. Since Feb. 4 we have received your Lordship's of
July 13, and Nov. 20 and 26. As to the first, relating to Mr.
Mr. Byerly, we understand that my Lord Treasurer has restored
him to the execution of his office, for that amongst other things,
he being his Lordship's immediate officer, complaint should
have been made to him, and his Lordship's directions received
before any suspension. We have not received the copy of King
Charles II's grant to the Duke of York for lands from St. Croix
to Delaware Bay, mention'd to be inclosed in your letter of
Nov. 20, but instead of it, the draught of the surrender from
the Proprietors of E. and W. New Jersey. However, we have
an entry in our books of the said grant, and therefore your
Lordship need not send us any copy of it. But Mr. Penn
having a lease thereof from the Duke of York, who was in
possession, he does insist upon his own right by virtue thereof.
Your Lordship will perceive, by our letter of Feb. 4, that the
accounts of stores of war, which you had then sent us, was not
so particular as was expected, and therefore we again inclose,
in the duplicate of our said letter, a copy of H.M. letter to you
in that behalf, and desire that the next account* of stores your
Lordship shall send may be conformable thereunto. Wee have
acquainted Mr. Sloper, your Lordship's Agent, with what your
Lordship writes about the 20 barrells of powder. But your Lordship
ought to have sent us the receipt of Capt. Rogers, which would
have facilitated your Agents procuring the repayment t hereof from
the Admiralty. Your Lordship having found the small arms out
of repair, they ought to have been mended at New York or sent
home to England to have been exchanged. However, your Lord-
ship will do well to move the Assembly to settle and appropriate
a certain fund for the buying of arms for the use of the Province,
as is done in other H.M. Plantations. We have communicated
to Capt. Nanfan what your Lordship writes, and so soon as wee
128 COLONIAL PAPERS.
1706.
have his answer, wee shall not fail of giving you notice thereof.
Wee must again remind your Lordship of dating and signing
the Acts, for those we have received with your Lordship's letter
of Nov. 20, are again transmitted without dates, and therefore
desire that at the bottom of all Acts the year of H.M. reign, in
which they were pass'd, be express 'd, and also the time when
they pass'd the Assembly, as well as when they pass'd the
Councill and received your Lordship's assent. We have consider'd
your Lordship's letter, etc. of Nov. 26, relating to the
irregularities in Connecticut and Rhode Island, and expect the
further proofs your Lordship does promise to send us, in order
to the laying that whole matter before H.M. In the mean
time we send you copies of two Addresses from the House of
Lords to H.M., upon complaints made to them against the
Proprietary Governments of Carolina and the Bahama Islands, for
your information. As to Coll. Ingoldesby, repeat preceding. [C.O.
5, 1120. pp. 459-463.]
May 2. 305. Governor Dudley to Mr. Popple. For want of a better
Boston, conveyance, I have adventured one letter to their Lordships
by a poor vessel to the North of England. Repeats part of
April 23. I am at the same great expence of garrison and march-
ing partyes, because I am sensible every day of [the enemy's]
scouts to see in what posture I am, and whether there be any
weak part where they may do inee damage. I am very easy
with the Assembly in the affayr of the warr, they have alwayes
approved the draught of their men and expence of their money
for their necessary defence, and they have prospered accordingly ;
of the whole Eastern Tribes in five forts the Indians have no
habitation nor planting that I have not destroyed, and they
live in a starving and uneasy condition with the French in severall
parts at the utmost distance from mee. I am only sorry the
Assembly have not done their duty in obedience to H.M. commands
for the rebuilding Pemaquid etc. Referring to salaryes for the
officers, I will not be uneasy. I have my own estate and an
arbitrary subsistence from them, which tho' it amounts not to
above 350Z. sterl. per annum, I will be contented till H.M. can
better provide, and am only sollicitous to approve my service
to H.M. and their Lordships at the Board, if I may be well
recommended by their Lordships, I have what I desire, I pray
your freindship therein. I hope Col. Povey is well arrived,
by whom I wrote to the Board, and do not repeat it, the convey-
ance being so very uncertayn. I hope your health may be by
this time restored, my last was signed by your son, which I
answered then and now, and have no other commands from
their Lordships, but hope the favour of being directed in their
next packetts in what I wrote by Capt. Huntington and Col.
Povey. I pray your favour for the inclosed, least they should
be lost, if they had not been under cover. The letter to their
Lordships is covered to the Rt. Hon. Sir Charles Hedges. Signed,
J.Dudley. Endorsed, Reed. 6th, Read July 15th, 1706. Holograph.
2 pp. [C.O. 5, 864. No. 69; and 5, 912. pp. 180-182.]
AMERICA AND WEST INDIES.
129
1706.
May 2. 306. Council of Trade and Plantations to the Queen. Offer
Whitehall, the Acts of Nevis [see March 12], to raise an impost on strong
liquors imported, and to prevent fires, for H.M. confirmation.
Recommend that the 2 Acts to settle the Secretary's and the
Marshall's fees be repealed, as " intrenching upon your Majesty's
Prerogative and diminishing the rights of Officers holding under
your Majesty's Letters Patents." [C.O. 153, 9. pp. 340-342.]
May 2. 307. Order of Queen in Council. Repealing 2 Acts of
Kensington. Nevis as recommended in preceding'. Signed, Chris. Musgrave.
Endorsed, Reed. Read June 13. 1J pp. [C.O. 152, 6. No. 51 ;
and 153, 9. pp. 373, 374.]
May 2. 308. Order of Queen in Council. Confirming 2 Acts of
Kensington. Nevis as recommended in preceding. Signed, Edward Southwell.
Endorsed as preceding. 1 J pp. [C.O. 152, 6. No. 52 ; and
153, 9. pp. 375, 376.]
May 3. 309. W. Popple, jr., to W. Lowndes. Encloses Act of Nevis
Whitehall, for making Indian Castle a shipping place, which being for
establishing a Port, the Council of Trade and Plantations desire
you would move my Lord Treasurer that they may have the
opinion of the Commissioners of H.M. Customs thereupon. [C.O.
153, 9. p. 343.]
May 3.
London.
May 8.
Whitehall.
310. Mr. Linton to the Council of Trade and Plantations.
Short drye tobacco is unfitt to manufacture into Roll ; the sort
most proper is a thin, waxy, large ffresh Leafe, and is commonly
pick'd out of severall parcells that were entred at the Custome-
house at diverse times, the scruffe, or short tobacco is generally
throwne into one heape, and afterwards repack'd into hhds. in
order to be ship'd off or sold in England for the inland consumption.
The tobacco being thus mixt at a Workehouse, out of the sights
and knowledge of both importer and exporter, there is great
difficulty on the exportation to distinguish what part belongs
to the severall entrys, according to the present practice of the
Custom-house, where the exporter's oath is required. This
discourages many persons from being concerned in the export
trade. Signed, John Linton. Endorsed, Reed. Read May 3,
1706. } p. [C.O. 5, 1315. No. 32 ; and 5, 1362. pp. 64,
65.]
31 1 . Council of Trade and Plantations to the Board of
Ordnance. Enclose copy of stores of war expended at New
York since Lord Cornbury's arrival. [C.O. 5, 1120. p. 466.]
May 8. 312. W. Popple, jr., to Stephen Duport. Encloses two
Whitehall. Acts of Nevis for his objections. [C.O. 153, 9. p. 344.]
May 9. 31 3. Mr. Sec. Hedges to Governor Nott. The late glorious
Whitehall, successes of the arms of H.M. and her allys on the frontiers of
Portugall will no doubt be very weUcome news to you, and I
Wt. 4912. c 9
130
COLONIAL PAPERS.
1706.
May 9.
Whitehall.
May 9.
Whitehall.
May 9.
Whitehall.
May. 9
Whitehall.
question not but you will take all opportunities of spreading
it in your parts, so as that it may reach the Spanish Plantations
and undeceive those people whom we have reason to believe are
impos'd upon by idle stories reported among them by H.M.
enemies, and we hope the example of their countrymen in Europe
will incite the Spaniards in the West Indies to free themselves
from the tyranny of a forreign Government, and to assert their
own liberty, and the rights of their naturall and lawfull Prince,
King Charles III. I therefore send you the enclosed Prints,
where you will observe with pleasure two defeats given the Duke
of Berwick's army etc. etc., in short, such an [^^interrupted
series of success that we make no doubt but our next letters
from Lord Gallway will be dated either from Toledo or Madrid.
The zeale of the inhabitants of Valentia and the Earl of Peter-
borow's good reception there deserve to be particularly mentioned,
but above all the loyalty, courage and resolutions of the Catalans,
and especially the inhabitants of Barcelona are well worth your
notice. Gives latest account of the progress of that siege. May 10.
We beleive the seige is raised and the French fleet either defeated
or retired. Signed, C. Hedges. [C.O. 324, 30. pp. 84-86.]
314. Mr. Secretary Hedges to Governor Dudley. I enclose
tables of fees taken in the Court of Admiralty here ; the officers
of the Admiralty with you are to govern themselves by the same
rules as are observed here. Refers to successes of H.M. arms
as in preceding. Signed, C. Hedges. Similar letter to Governor
Lord Cornbury. [C.O. 324, 30. pp. 86, 87.]
315. Same to Governor Seymour. Acknowledges letters, and
refers to the answers of the Council of Trade, and to successes of
H.M. arms as above. [C.O. 324, 30. p. 87.]
316. Same to Governor Handasyd. Mr. Daniell Stacy,
sole executor of his brother, Adam Stacy, has appointed Dr. Mayo
of Bang's Town in Jamaica to be his agent, whom I recommend
to your protection etc. Signed, C. Hedges. [C.O. 324, 30. pp. 87,
88.]
31 7. Same to Governor Sir B. Granville. Encloses duplicate
of April 20, and announces successes as above. Similar letter
to Governor Handasyde. Signed, C. Hedges. [C.O. 324, 30.
p. 88.]
318. Extract of the Paris Gazette, May 22, 1706. Comte de
Chavagnac ravaged St. Christophers from Feb. 21 to March 2
