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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
(N.S.), when he returned to Guardeloupe with a great booty.
The damage inflicted on the enemy is estimated at 3 millions.
On the 7th March (N.S.) the Sieur d'Iberville, arrived at
Martinique with another squadron of the King's ships. He
embarked 1,100 inhabitants, or flibustiers, of that Island, and
having joined the Comte de Chavagnac made a descent in the
night of April 1st upon Nevis. He turned the enemy out of
AMERICA AND WEST INDIES. 131
1706.
several advantageous positions and from the Fort of the Point,
where they had retired with the greater part of their artillery,
and seized 22 ships which were anchored under the Fort. Chi
April 4 (N.S.) he marched to attack them in the mountains, where
they were entrenched in a position, the approaches to which
were almost inaccessible ; but he called upon them to surrender,
and they accepted his terms. The principal conditions were
that the Commander, the soldiers and all the inhabitants without
distinction of age or sex should be prisoners of war, and that
they should give up all their negroes. The value of the rest of
the booty is not yet known ; but there are more than 7,000
negroes, about 30 armed vessels, and we are assured that these
two Islands will not be able to regain their former state in
ten years time. These two expeditions have not cost us 60 men,
killed and wounded, etc. Endorsed, Reed. Read May 22, 1706.
French. 2 pp. [C.O. 152, 6. No. 46.]
May 12. 319. Governor Handasyd to the Council of Trade and
Jamaica. Plantations. Refers to enclosures. I have for some weeks past
been making preparations to receive [the enemy] and putting
everything in as good a posture of defence as it's possible, and
I doubt not if they do come but we shall give them a very warm
Reception ; the ffatigue I went thro in this business put me into
a violent ffeavor, which continued on me a few days, but I thank
God the worst is past, and I beg your Lordships will not take it
amiss that I do not write at large, for I am hardly able to sign
my name. I have been obliged to proclaim Martial! Law, finding
the inhabitants so obstinate, that they would do nothing without
it, but if the enemy's designe is not against us, the colours shall
soon be lodged again. I have advice that there are 12 sail of
French men of war at Carthagene, whether they are come to
fetch away the Spanish fflota, or get fforces from the Spaniards
to come against Jamaica, I know not, but if they do make an
attempt on us, I do assure your Lops. Jamaica shall not be lost
without the lives of the best part of us, if the fforces
here will stand by their colours, as I expect they will. Admiral
Whetstone came in yesterday, but brings no other news
than that the Barlaventure fleet is at Carthagene, what their
design is now the French ffleet is there with them I know not,
but shall be able to give a further account per my next. I,
thinking it absolutely necessary in the present emergency, that
the Gentlemen who are ^Foreigners and lately served as officers
of the Militia of this Island, but by a late Act of Assembly were
made incapable of bearing Commissions, should be restored to
their former commands, most of them being Gentlemen of the
best interests in the country, and persons on whom I can best
depend, I have therefore issued out a Proclamation for the same
untill H.M. pleasure be further known, which I hope will be
approved of by H.M. and your Lops. The flagg of Truce is not
yet returned from Carthagene, and I suppose the reason is because
of the Fleet's being there. It is once more my humble request
to your Lops, that I may be relieved when my Regiment is
132
COLONIAL PAPERS.
1706.
May 12.
May 14.
May 16.
Bermuda.
May 16.
Bermuda.
at the expiration of the 6 years, if H.M. think fitt, ffor what with
my long service in the army, and the ffatigue and sicknesses
1 have gone through in this country, the constitution of my body
is quite worn out. My ffamily is very great, and my {fortune
but small, yet I am not at all apprehensive I shall want bread,
while I serve so good a Mistress, and have so good friends as
your Lops, to patronize me. I again earnestly recommend
to your Lorps. that the person who is appointed to relieve me
from this Government, may be a man of undoubted loyalty to
H.M. as well as resolution to manage affairs here, or else I dread
the consequence. Signed, Tho. Handasyd. Endorsed, Reed.
24th, Read June 26th, 1706. 2 pp. Enclosed,
319. i. Governor Sir B. Granville to Governor Handasyd.
Duplicate of April 8.
319. ii. Lt. Governor Johnson to Governor Handasyd. Antigua,
April 15, 1706. We have an account of Ducass's
squadron passing Barbados on the 6th, etc. Copy. 1 p.
[C.O. 137, 7. Nos. 25, 25.i., ii. ; and (without enclosures)
138, 11. pp. 478-482 ; and (extract of covering letter)
137, 45. No. 78 ; and (enclosure ii. only) 7, 1. No. 10.]
320. Governor Handasyd to Mr. Secretary Hedges. Repeats
preceding. Signed, Tho. Handasyd. Endorsed, R. June 23.
2 pp. Enclosed,
320. i. Duplicate of No. 319.H. [C.O. 137, 45. Nos. 77,
77.L]
321 . Copy of commission to Rd. Taliaferro to be Chief Justice
of the Bahama Islands. C.S.P. 1699. No. 465.L [C.O. 23, 12.
No. 67.]
322. Lt. Governor Bennett to Mr. Popple. Repeats letter
of March 11 etc. Signed, B. Bennett. Endorsed, Reed. Oct. 15,
1706, Read March 14, 170f. Holograph. Addressed. Sealed.
2 pp. [C.O. 37, 7. No. 32 ; and 38, 6. pp. 228, 229.]
323. Lt. Governor Bennett to W. Popple. The vessell
that gives the opportunity of sending this, just touched here
from Barbados. I transmit the enclosed duplicate [? April 22],
concluding it will arrive sooner than the original. Besides I
do not find by the Captain that at Barbados they have so particular
an account of Nevis as therein related. He likewise tells me it's
concluded there Antigua is taken. My reason to the contrary is
that the Master that brought my letter from Antigua [see April 22]
told me that a sloop lay ready, in case the French made any show
of landing there, to bring several gentlewomen of that Country
here, but I have heard nothing of them ; it may be the vessel
has been intercepted : he added that the Enemy was on shore
on Nevis when he sailed from Antigua, March 30, and by a letter
from Barbados I find they were there on April 10. In that letter
it is also said that Nevis surrendred on articles, but I fear it
was taken, for that day (being Good Friday) the French attacked
AMERICA AND WEST INDIES.
133
170*;.
May 16.
St. James's.
May 16.
St. James's.
May 17.
Bermuda.
and took the fort>. they landed their men, and at night great
fin-- \\er-e -ren -iipposed to be the town and plantation- of Canes.
A vessell that came from Curicao about six weeks since being
arrived here, the Master report** that upon the French their takeing
St. Xtophers, a strict embargo was laid there, but upon hearing
the enemy was return 'd to Martinique, it was taken off, and that
when he came away it was not known there the French were out
again. From Virginia I am advised that 11 sail of merchantmen
bound thither were attacked by two large privateers, off the
Canaries, who look ^ of them, the other < are -afely arrived (as
also is the Barbados fleet). I inclose the condemnation of the
French ship brought in here [see March 11]. I hope the proceed-
ings thereon have been regular and satisfactory, if not, I should
be glad to know my errors. When I was making up this packett,
I sent to the Secretary for copies of Minutes and Journals of the
Council, but they are not compleated. I will doe what I can
to return everything that's required as expeditious as possible,
but Clarks are not to be had. Pray excuse my scribling, which
hast obliges me to. Signed, B. Bennett. Endorsed, Reed.
Oct. 15, 1706, Read March 14, 170f Holograph. 2 pp. [C.O.
37, 7. No. 39 ; and 38, 6. pp. 226, 227.]
324. The Queen to Governor Sir B. Granville. Whereas
humble suit has been made unto us on your behalf, that for the
recovery of your health wee would be pleased to give you leave
to remove from Barbadoes for 6 months, Wee hereby grant you
full leave, etc., you taking effectual care to leave things there
in such a condition that the Publick may suffer no prejudice
by such your absence etc. Countersigned, C. Hedges. Endorsed,
Reod. Read May 14, 1707. 1 p. [C.O. 28, 10. No. 4 ; and
29, 10. pp. 478, 479.]
325. Mr. Sec. Hedges to Governor Lord Cornbury. I send
this by a flying pacquet, hoping it will overtake the maile to
acquaint you with the good news of an entire and glorious victory
over the French, etc. [Ramillies. See Marlborough's
Dispatches]. I have ordered a printed paper which will come
out late to-night to be sent to your Lordship from the Office,
which will give you some more particulars etc. Signed,
C. Hedges. Similar letter to Governors of Barbados, Jamaica,
Virginia, Maryland, Leeward Islands, and a printed relation
to Governor Dudley. [C.O. 324, 30. p. 89.]
326. Lt. Governor Bennett to Mr. Popple. By my other
letters it is said that they come in Capt. Jennings. But the
wind blowing very hard, the ship's cable parted, and the Capt.
was forced to put to sea, etc. My letters now goe by the way
of New England. I enclose duplicates of Naval Officers' Accts.
If you received the originals, please to let my brother have these
to deliver into the Custom-House etc. Signed, B. Bennett.
Endorsed, Reed. Oct. 15, 1706, Read March 14, 170f . Holograph.
U PP- [C.O. 37, 7. No. 40 ; and 38, 6. p. 230.]
134 COLONIAL PAPERS.
1706.
May 17. 327. Attorney and Solicitor General to the Council of Trade
and Plantations. Reply to April 12. It appearing by the
Address of the House of Lords, March 18 (Lords' Journal, XVIII.
p. 159), that the Proprietors of the Bahama Islands have deserted
the same, and that there is not now any forme of Government
remaining there, we are of opinion they have thereby forfeited
their powers of Government, and those powers may by scire facias
in H.M. Court of Chancery on the Patent, or by quo warranto
in H.M. Court of Queen's Bench be by judgment seiz'd into H.M.
hands as forfeited. And we are also of opinion that this extra-
ordinary exigency happening thro' the default and neglect of
the Proprietors, H.M. may, for the securing those Islands and the
inhabitants, constitute a Governor, and provide both for the
civil and military Governmt. thereof before any suit be
commenc'd. Signed, Edw. Northey, Sim. Harcourt. Endorsed,
Reed. Read May 21st, 1706. 1 p. [C.O. 5, 1263. No. 107 ;
and 5, 1291. pp. 375-377.]
May 17. 328. Same to Same. Reply to April 12. Upon the Address
of the House of Lords (Lords' Journal, XVIII, p. 150), we have
perused the two Acts of Carolina and the two grants of Charles II,
whereby is granted to ye Proprietors powers to make laws with
the assent and approbation of ye freemen, so as such laws be
consonant to reason and as near as may be conveniently agreeable
to ye laws and customs of England. And the laws mentioned
in ye sd. Address not being consonant to reason, and being
repugnant to ye Laws of England, are not warranted by ye sd.
Charter, but wee are humbly of opinion were made without any
sufficient power or authority derived from ye Crown of England,
and therefore doe not oblige or bind the inhabitants of that
Colony, and H.M. may lawfully declare those Laws as to the
matters therein contain 'd, mention 'd in the said Address, to be
null and void, and command that the same shall not be put in
execution or observ'd, and may also require and command the
Proprietors and Assembly by Act of Assembly to enact and
declare ye same to be null and void. And wee are further of
opinion that the making such law is an abuse of ye power granted
of making Laws and will be a {forfeiture of such power. And
that that power may be seiz'd into H.M. hands by scire facias
in the Chancery on ye Patents, or by quo warranto in the Queen's
Bench, if the Laws were approv'd and confirm 'd by the present
Proprietors, wch. doth not fully appear to have been soe by the
sd. Address. Signed, Edw. Northey, Sim. Harcourt. Endorsed
as preceding. 2 pp. [C.O. 5, 1263. No. 108 ; and 5, 1291.
pp. 378-380.]
May 20. 329. Commandant Beeckman to the Dutch West India
June 1. Company. Encloses following etc. Dutch. 6 pp. Enclosed,
Fort 329. i. List of goods required. Dutch. 6 pp.
329. ii. Copy of letter to the Dutch West India Company,
June, 1706 [? 1707]. See Appendix to Venezuelan
AMERICA AND WEST INDIES.
130
Boundary Commission Report. No. 137. Dutch. 6J pp.
[C.O. 116, 20. Nos. 4, 4.i., ii.]
May 21. 330. Mr. Dummer to Mr. Popple. Gives sailings of the
London. Prince George packet. Out and home, 116 days. All the extra-
ordinary that comes in my letters is the enclosed paper. Signed,
E. Dummer. Endorsed, Reed. Read May 23, 1706. Addressed.
1 p. Enclosed,
330. i. Brief Account of the French invasion of St. Kitte,
Feb. 5. 1 p. [C.O. 323, 6. Nos. 5, 5.i.]
[May 21.] 331 . Copy of King Charles II's grant of the Bahama Islands
to the Duke of Albemarle and others. [C.S.P. 1670. No. 311.]
Endorsed, Reed. Read May 21, 1706. [C.O. 5, 1263. No. 109.]
May 23.
Whitehall.
May 24.
May 24.
Whitehall.
May 24.
Whitehall.
May 24.
Whitehall.
332. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclose extracts of letters from Nevis, March 12 and 13.
The request that the poor men and servants should not be inlisted
there, agrees with the general direction usually given and may,
if H.M. thinks fit, be renewed to all the Governors and Commanders
of the Plantations ; for that the inlisting of inhabitants there,
who are otherwise all of them obliged to serve in person upon
occasion in the Militia, is of no additional strength to those-
Plantations. Enclose Petition from Nevis (March 12th) to be
laid before H.M. [C.O. 153, 9. pp. 361, 362.]
333. Mr. Thurston to W. Popple. The Newfoundland
Convoy is just upon its departure, and yet not a ragg of cloathing
provided by reason of a dispute between the Company and Lord
Paston's regiment as to off reckonings. Prays for a line to
Mr. Burchett to have the medicines and shoes and stockings
taken on board. There's not a penny of money yet ordered.
Signed, J. Thurston. Endorsed, Reed. Read May 24, 1706. 1 p.
[C.O. 194, 3. No. 161 ; and 195, 4. p. 280.]
334. Council of Trade and Plantations to Mr. Sec. Hedges.
We thought it our duty to acquaint you with preceding, that the
necessary order may be given herein. [C.O. 195, 4. pp. 281,
282.]
335. W. Popple to Mr. Burchett. Moves as desired in
preceding. [C.O. 195, 4. p. 281.]
336. Council of Trade and Plantations to Mr. Secretory
Hedges. Enclose following,
336. i. Council of Trade and Plantations to the Queen.
Recommend that the Acts of Carolina be repealed,
and directions given for reassuming that Government
into H.M. hands, as proposed by the Attorney and
Solicitor General, May 17.
336. ii. Council of Trade and Plantations to the Queen. Repeat
former Representations as to the Bahamas, and quote
John Graves' evidence, and the opinion of the Attorney
136 COLONIAL PAPERS.
1706.
and Solicitor General, May 17, with which they concur.
Offer that, ' ' Your Majesty, at such time as other affairs
shall permit, appoint and send over a Governour with
your Royal Commission and a sufficient force and
suitable provisions of warlike stores for the security
of the said Islands and the protection and good
Governmt. of your Majesty's subjects," etc. [C.O. 5,
1291. pp. 381-392.]
May 27. 337. Lt. Moody to the Council of Trade and Plantations.
Thanks for their justice and penetration and prays for a certificate
that he has cleared himself of the complaints against him. Signed,
J. Moody. Endorsed, Reed. Read May 27, 1706. 1 p. [C.O.
194, 3. No. 162.]
May 28. 338. Lt. Governor Johnson to Mr. Secretary Hedges. I
Antigua, believe I was too possitive [see April 17] that M. Ducas was arriv'd.
We are yet to learne what that fleete was ; the French say they
were the Spanish Galleons, and wee apprehend them to have been
the homeward-bound Dutch shipps from Surinham. Our danger
seems to be pretty well over for the present ; I could wish our
feares and aUarmes would vannish with it. But the enemy were
so faithfull in making good their former threates, that the people
here in generall think they have too much reason to regard what
they give out is further intended against us. The French at
Martinico talke very freely of the project that is fully settled
by their Ministers of sweeping all the English Collonies ; that
the weakness or disorder of the best of our Islands is sufficiently
knowne at Versailes ; and that whilst we are amuzing ourselves
at Catalonia (for amuzement they are pleased to give the terme
of that expedition), they will prove themselves to be more usefull
friends to ye Spaniard than we can possibly bee by furnishing
them with season 'd nigros from our Islands every yeare. The
next fleete, they say, will be much more considerable than the
last, a squadron of capitall men of warr, with 20 large privateeres,
and a good number of transport shipps, with regular troops,
are promis'd, to joyne the Privateeres and other fforces they have
already here, to attack Barbados and these Islands ; and they
think their success, which they seem pretty well assur'd of, will
doubly pay the expence of such an expedition. Indeede they
talke but too knowingly upon this occasion and I am sorry their
intelligence has beene soe good, and their reflections soe just :
such discources, which have [been] brought hither by our flaggs
of Truce, and the consideration of their owne circumstances
raise apprehensions in the inhabitants which seeme but too well
grounded ; and which 'tis not in my power to quiett. The people
here are very much dispirited, not to say despairing ; they think
themselves neglected, if not abandon 'd, and a great many have
already declar'd they will live soe precarious noe longer, and
are preparing to seek for settlements and security elsewhere.
The common people and artificers, whose fortunes are easily
remov'd with them, will for the most part goe to Coracoa, and
AMERICA AM) \\KST INDIES.
1:17
1706.
St. Thomas's ; that is, will turne privateeree during the ware
and pyrates for ever after. The people of Nevies have begun the
ill example, tho none have beene carry'd off, nor have they lost
above halfe, or a third part of their nigrocs or effects ; but the
gilt and shame of some, the feare of others, and chiefely the
unhapy engagement of the greater part, have influenc'd them
to take such resolutions as I can only lament, which 'tis very
much in my inclination, and shall be in mv heartiest endeavors
to prevent ; but the daily expectation of our Generall makes
me very uncertaine in my measures. It may be thought, Sir,
at home the neighbourhood of Barbados is a sufficient protection
to these weaker collonies. "Us certaine there are a great many
People in that Island ; But whence it is I know not, the Gentlemen
there not only pretend, but really seeme to think themselves in
equall danger with us ; and whether able or no, are certainly
unwilling and determin'd not to spare any succors to these
Islands. So that the hopes and dependance of the people here
are entirely plac'd in H.M. great goodness and wisdome etc.
Signed, Jon. Johnson. P.S. The Gentlemen of this Island
have beene at a very great charge for severall yeares to raise
an inland fortification here, for the retreat of their women,
children, etc. This yeare in particular they have given proofs
of extraordnary zeale for the publick honor and interest, and
have putt themselves to a charge much beyond what could be
expected from them ; their loyalty and publick spiriteness seeme
to deserve all possible countenance from the Ministers. Prays,
on behalf of the Council and Assembly, for 40 or 50 twenty-four
to thirty-six pounders etc., etc. Signed, Jon. Johnson. Endorsed,
R. Jul. 31. 3 pp. [C.O. 7, 1. No. 12.]
339. Mr. Burchett to Mr. Popple. Encloses order to the
Captain of H.M.S. Falkland to receive aboard his ship and the
Larke stores for Newfoundland, as desired May 24. Signed,
J. Burchett. Endorsed, Reed. May 28, 1706. 1 p. [C.O.
194, 3. No. 163 ; and 195, 4. pp. 282, 283.]
340. Council of Trade and Plantations to the Board of
Ordnance. Enquire what has been or can be done by the office
of the Ordnance in the matter of the bond of Mr. Daniel of
Carolina (see April 1st), that we may be assisting in the recovery
of the stores of war borrowed at Jamaica. [C.O. 138, 11. pp.
473, 474.]
May [29]. 341. Merchants and Planters of St. Xphere. to tho Qiu-m.
Recount invasion of Feb. 11. The French destroyed everything
they could come att, to the entire mine of most of the inhabitants,
who are reduced to the most lamentable condition imaginable.
The enemyes carried off all the great guns planted on batteries
at the anchoring places, so that the shipping is now exposed
to the least of their privateers, as they have had experience.
Petitioners humbly conceive this high misfortune was partly
occasioned by the misunderstanding that is since a long time
May 28.
Admiralty
Office.
May 28.
Whitehall.
138
COLONIAL PAPERS.
1706.
May 29.
Whitehall.
May 29.
Whitehall.
May 30.
Whitehall.
May 30.
Whitehall.
between the Commanders and the Inhabitants upon acct. of the
Act for subjecting the French part of the Island to the Civill
Government never put in execution, together with the enemyes
knowledge of the small number of standing forces that were
in the island, the whole Regiment now there being reduc'd to
less than 300 men, wch. with their present misery and apprehen-
sion of new danger has so dejected the inhabitants that most
of them are resolv'd to desert the Island, for to settle where
they may expect to live with more freedom, security and ease.
Pray H.M., in compassion to their most dolefull present condition,
to direct speedy reliefe to be sent, to encourage them to
resettle etc. With great pains, cost and charge since several
years they have erected two good forts, for preserving of which
2 independant companies of 100 each with some heavy cannon
would suffice. No enemy's force in those parts could then reduce
Brimstone Hill Fort otherwise than by famine. They also want
several good cannon with carriages to replace those taken etc.
Nothing can encouridge more those unfortunate inhabitants
to this new settlement than to be excused from paying the duty
of 4 p.c. for such time as Y.M. shall think fitt, and be allowed
a free trade wth. all other nations, which is no more than what
the French King granted to the inhabitants of their part of the
Island, when they went to resettle in 1700. Signed, Saml. Balls,
F. Duport and 7 others. Endorsed, May, 1706. Mem. [by 1 Sir
C. Hedges]. Col. Park has orders, and nothing more can be
done till ye effect of those orders is known as to ye Fr. St. Xphers.
not contributing. Wt. relates to cannon etc. send to ye Ordnance.
If pp. [C.O. 239, 1. No. 11.]
342. W. Popple, jr., to Mr. Secretary Hedges. In
explanation of preceding petition, repeats what has been done
in regard to the Act for subjecting the French part of the Island
to the Civil Government. " Which matter in difference and cause
of dissension between the inhabitants is supposed by the
Commissrs. for Trade to be in some measure the cause of the
misfortune that has lately befaln them." Encloses copy of
the Representation of April 12. 2 pp. [C.O. 239, 1. Nos.
10, lO.i. ; and (without enclosure) 152, 6. No. 50 ; and 153, 9.
pp. 371, 372.]
343. Council of Trade and Plantations to Mr. Secretary
Hedges. H.M. having appointed a Day of Thanksgiving
throughout England for the great success of H.M. arms in
Flanders, we put you in mind of the Plantations, etc. [C.O.
324, 9. p. 121.]
344. Mr. Sec. Hedges to the Council of Trade and Plantations.
A day of thanksgiving is to be observed in the Plantations as
in preceding. Signed, C. Hedges. Endorsed, Reed. Read May 31,
1706. 1 p. [C.O. 323, 6. No. 7 ; and 324, 9. p. 122.]
345. Council of Trade and Plantations to Governor
Handasyd. Acknowledge letter of April 1, and are glad to find
AMERICA AND WEST INDIES. 139
1706.
the progress you have made, pursuant to your Instructions, in
incouraging the Spaniards to acknowledge their lawful! sovereign,
King Charles II, which we hope will meet with no difficulty,
when they are informed of t h< further great success of his Catholick
Majesty King Charles III in Spain, and H.M. arms in Brabant
and Flanders. And as to your desire that your regiment be
relieved, we do not think H.M. can dispense with the service
of so good a regiment in Jamaica, and so able a Commander
in this juncture of affairs. We shall be always ready to intercede
with the Queen in anything that may be for your interest, except
your coming home, especially at this time, when your personal
attendance may be of great service in executing such orders
as may be sent you in relation to the Spanish Governments.
Whereas we have received from you an account of ordnance
stores, we desire you to continue the same, according to your
Instructions. You don't give us a distinct account of Mr. Daniel's
bond. You should have informed us what stores you had lent
him ; whether you have recieved the same again ; whether
you have put the bond in execution, or what other method
is to be taken for the recovery of the said stores. P.8.
Sir Salathiel Lovel having writ to you about the death of his
son, we desire you to do what you can in his behalf that his son's
effects may be remitted, etc. [C.O. 138, 11. pp. 474-476.]
May 30. 346. Council of Trade and Plantations to Lt. Governor
Bennett. Acknowledge letters of March 31, June 29 and Oct. 9,
1705. But we have not received the copy s of the Acts past in
1694, 1698, and 1701, tho therein refer 'd to, and therefore desire
you not to faile to send them by the first opportunity. Tho
it is not expected you shou'd examine and colate yourself all
the Acts and Minutes of Council, yet you wou'd do well to supervise
the same, so as not to depend entirely upon the clerk whose
business it is : and to take care that the essential part of those
Acts (as the dates) be not forgot. We shal expect the half
yearly accounts of publick stores you promise, but we desire
you to be very particular in observing the directions of H.M.
Order thereupon. We commend your diligence in forming a
troop of Horse Granadieers, which we assure ourselves will be
of use. We have kid before H.M. what you writ of the behaviour
of Mr. Jones, and you will see by the inclosed Order in Council,
April 4, H.M. pleasure thereupon. [C.O. 38, 6. pp. 190, 191.]
May 30. 347. Mr. Sec. Hedges to Governor Lord Cornbury. I have
Whitehall, writt to your Lordship so lately that I had not troubled you
now, but upon the happy occasion of the good news we received
this morning by an express from Barcelona, which I am confident
your Lordship will improve for H.M. service and the good of
the common cause by publishing it so as it may reach the Spanish
Plantations, and incite those people to follow the example of their
countrymen in Old Spaine, by signalizing their loyalty for King
Charles III, etc. P.8. I enclose a continuation of the great
and glorious progresses the Duke of Marlborough is making in
140
COLONIAL PAPERS.
1706.
May 30.
Whitehall.
May 30.
Office of
Ordnance.
May 30.
Whitehall.
May 30.
Whitehall.
the Netherlands, etc. I recommend to your favour Mr. John
Riggs, a Lieut, in the Garrison at New Yorke, recommended
to me by the late Governor of Virginia, Col. Nicholson. Signed,
C. Hedges.
Similar letter, without last sentence, to Governors of Virginia,
Maryland, Massachusetts Bay, Leeward Islands and Barbados.
To Governor Sir B. Granville was added : Understanding from
Sir John Stanley that H.M. letter to you of July 29 last, wherein
she was graciously pleased to approve of your proceedings in
severall particulars in relation to some complaints against you,
has never come to your hands, I send you a copy. [(7.0. 324,
30. pp. 90, 91.]
348. Council of Trade and Plantations to the Bishop of
London. Mr. Jackson having represented to us that your
Lordship's letters in his behalf to his Grace of Canterbury might
be of great use to him, we recommend this unfortunate man
to your charity. [C.O. 195, 4. p. 283.]
349. Accounts of Ordnance Stores issued and remaining
in the several Plantations. Endorsed, Reed. Read July 23, 1706.
13 large pp. [C.O. 323, 6. Nos. 13, 13.i.]
350. Mr. Secretary Hedges to Governor Handasyd. Some
merchants having represented that if Spanish ships might come
securely to Jamaica, a very beneficial trade for negroes, woollen
manufactures and other commodities might be opened between
that Island and the Spanish Plantations in the West Indies,
H.M., being very desirous to make use of all opportunities for
the advancement of trade and for promoting the welfare of H.M.
subjects, has been graciously pleased to order the issuing of passes
in the form herewith sent you for such merchants as shall desire
them, who are to send them to their correspondents in Jamaica,
and to prevent any abuse of the said passes, their correspondents
are in your presence to fill up the blanks left for the name and
ports etc. of the ships. Another blank is left to be filled up with
the word Indigo, if you judge it for H.M. service and the
advantage of Trade, or else to be left in blank, if you find it
reasonable. You are to keep a register of the passes, and send
me an account from time to time of your proceedings, etc.
Encloses happy news from the Netherlands and Barcelona to
be published among the Spanish Plantations. Signed, C. Hedges.
[C.O. 324, 30. pp. 92, 93.]
351. Council of Trade and Plantations to Governor Sir B.
Granville. Acknowledge letter of March 4. We hope that long
before this comes to your hands, Commadore Kerr will be arrived
in your parts with a squadron of men of war. We do not doubt
of your courage and conduct in the defence of Barbadoes, in
case of an attack, and of your giving such aid to your neighbours
as may consist with the safety of your Government. We just
now hear by Sir J. Stanley that you have not received H.M.
AMERICA AND WEST INDIES.
141
1706.
pleasure by a Secretary of State concerning the late differences
in Barbadoes, and particularly for the restoring the suspended
Counsellors upon their submission, which we think was incumbent
on the Agents to have sollicited in that Office, and transmitted
to you, as we have acquainted him. We are preparing a report
upon his Memorial folloiving. [C.O. 29, 10. pp. 61, 62.]
[May 31.] 352. Sir John Stanley to the Council of Trade and Planta-
tions. H.M. granted the Governor of Barbados power to restore
the four suspended Councillors upon their submission. Three
of them are dead ; and Major Lillington has not made any sub-
mission. He prays H.M. to confirm those gentlemen who have
been sworn into the Council. Signed, J. Stanley. Endorsed,
Reed. Read May 31, 170$. 1 p. [C.O. 28, 9. No. 45; and
29, 10. pp. 63, 64.]
May 31. 353. Council of Trade and Plantations to the Queen.
Whitehall. Recommend H.M. confirmation of Abell Alleyn, Wm. Cleland,
James Colleton and Middleton Chamberlain in the Council of
Barbados, as preceding. [C.O. 29, 10. pp. 65, 66.]
May 31. 354. Circular letter to the Governors of Plantations from
Whitehall, the Council of Trade and Plantations. You are to appoint a
proper and speedy Day of Thanksgiving for H.M. victories in
the Spanish Netherlands and Catalonia, as is prescribed by
enclosed Proclamation. See March 29, 30. [C.O. 324, 9.
pp. 122, 123.]
[May.] 355. Merchants and Planters concerned in Nevis and
St. Kitts to Sir C. Hedges. Recount the invasions of the French
Feb. 11, and March 22. The damage done to Nevis, by a modest
computation, amounts to a million of money, besides all H.M.
Forts, with 100 cannon and all warlike stores. Two days before
their departure they forced the inhabitants' consent to deliver
1,400 negroes or 42,000/. by Oct. 8, taking as hostages 4 of the
principal inhabitants. Propose speedy reliefe in respect to that
article ; the inhabitants, not being able to comply, will be forced
to desert the Island, as some have already done, the Enemy
having threatned, if not performed, to use the utmost extremity
of fire and sword, and will send all the men to New Spaine and
the women and children among the French. Pray that sufficient
ships of war and regular forces, guns, warlike stores and provisions
be sent there, the enemy destroying and carrying away all
provisions and live cattell that are proper for subsistance ; soe
that the poor distressed inhabitants will starve unless releived
by H.M., the merchants tradeing there being wholly disabled to
supply them. That H.M. take into her princely compassion
the deplorable condition of her distressed subjects for the further
reliefe of their great losses, etc. Signed, Jos. Jory, Rich.
Meri wether, F. Duport, John Tonstall, Jasper Wall, Joseph
Martyn, Ja. Walker, Saml. Ball, Dan. Alford. Endorsed, May,
1706. 1} pp. [C.O. 162, 39. No. 110.]
142
COLONIAL PAPERS.
1706.
June 1. 356. Mr. Sec. Hedges to the Governors of Plantations.
Whitehall. The Herbert galley is to be allowed to lade and depart without
convoy. Signed, C. Hedges. [C.O. 324, 30. p. 91.]
June 3.
Nevis.
357. Col. Abbott to the Council of Trade and Plantations.
Herewith wee have sent you an account of the discent the French
have made upon this H.M. Island, as alsoe a copy of the Treaty
of Capitulation made with Monsieur D'ibervill, their Generall.
Wee have allsoe laid before your Lordships the perfidiousness
of that Generall in his breach of the severall articles that were
concluded upon, as well as the unchristianlike usage of us whilst
prisoners, and the force he imposed upon most of our principall
freeholders in order to compell them to sign a second Treaty
whereby they were to pay him in 6 months 42,000?., or 1,400
negroes to be delivered his order at Martinico, either of which is
impossable to effect. We humbly intreat your Lordships to
commiserate our condition, by using all possible means with
H.M. that some such measur's may be taken, as may releive
us her distressed subjects. Signed, Richd. Abbott. Endorsed,
Reed. 7th, Read Aug. 8th, 1706. 1 p. Enclosed,
357. i. H.M. poor distressed subjects of Nevis to the Queen.
A suddaine and unexpected turn of Fortune, and the
too great strength and unreasonable avarice of your
Majesty's implacable enemies the French, together
with the perfidious breach of faith of M. D'ibervill
we are reduced to the very last extremity and must
inevitably perish or become slaves with our wives and
children to the enemy, if not speedily releived and
supported by your Majesty. Wee therefore your
Majesty's most dutifull, though at present most
miserable subjects, do in all humility prostrate ourselves
at your Majesty's feet, most humbly and earnestly
entreating and imploring your Majesty not to abandon
and forsake us in this our deplorable condition etc.
Signed, Richd. Abbott, Wm. Burt, Jno. Smargin, Aza.
Pinney, Da. Ravenhill, Tho. Belman, Ja. Be von,
Samuel Browne, Jon. Thornton, Edwd. Gardner, Tho.
Cottgrave, Jed. Meriwether. Same endorsement. 2 pp.
357. ii. Account of the taking of Nevis, and M. Dibervill's breach
of the Treaty etc. March 21 between 2 and 4 p.m.,
betwixt 50 and 60 sayle of vessell great and small
appeared betwixt Mounsaratt and Antegoa, standing
for this Island, whereof 12 were men of war, from 30 to
70 guns, 5 of the greatest with some sloops fell to
leeward and the rest kept their course to the northward,
which made us suspect they had a design to attack us
in the Narrows and northermost bays. This occasioned
our second fireing off our alarm gunns to hasten the people
to their severall posts. In the evening Col. Abbott called
a Council of War and troops were posted in expectation
of an attempt to land to the Northward. 5 of the enemy's
greatest ships came to anchor in the mouth of the
AMERICA AND WEST INDIES. 143
1706.
Narrows, without reach of our cannon, the rest altered
their course in the night, and runn in close with the
' shoar, landing neer 3,000 men at a bye-place called
Green Bay, without any oposition, and though the severall
companys with the outguards made what hast they
possably could to opose them, yet that was rendered
altogeather impracticable by the enemy being so much
superior in number, and our forces to the northward
being still detayned on that side, by the appearance
of the Enemy's ships and sloops in the Narrows, amongst
which forces were the two companys of Col. Whetham's
Regiment, both of which did not make up above
35 men, Col. Johnson having taken the remainder
to Antigua, which added to our Militia did not amount
to above 400 men. The main body of the Enemy
were masters of Charles Towne by break of day, and
in less then an houre of 4 of the best platforms, which
were onely defencebly to the sea. Nothing more
happened this nor the succeeding days, except frequent
skirmishing. We were still obledged to give way to
their numbers. This caused us to make as orderly
a retreat as possable to ye mountains, where the women
and children had taken refuge in soe great a hurry.
Next day, the 24th, upon the enemy's advance with
4,000 men, a parley was beat and articles of surrendry
agreed upon [see below], which how perfidiously and
contrary to the law of arms they were broake, wee
are now to make appeare. The first breach was of the
5th article ; for the verry next day they burnt not
only severall boyleing houses, but the very dwelling-
houses themselves, not leaveing at their going away
above 20 standing in the whole Island, the Towne
excepted. As to their 1st and 6th articles, the greatest
part of the officers and inhabitants were carryed to
Charles Towne, where the small pox and other
distempers were reigning, and their crowded up in
houses without haveing the liberty to goe abroad to
get sustenance for themselves and familys, little or
none being allowed them by the Enemye, and which
was worse, after 3 days' such usage the men were all
taken up by order of M. D'Ibervill and close imprisoned
for neer 10 dayes in the Church, goal and other houses
without so much as bread and water except what was
privately brought to them by their miserable wives
and children, and when aplycation was made to him,
in behalf of those imprisoned, his answer was that
they ought not to complaine, for they were used but as
prisoners of warr as they were, and further that wee
had broak the articles of capitulation by our not
delivering our negroes, wch. was a thing impossable
for us to doe, the negroes being armed and wee kept
close prisoners, and in reallity by what wee could gather
H4 COLONIAL PAPERS.
1706.
the enemye themselves, as numerous as they were,
never did attempt it without great loss of men, if not
quite beat by the negroes out of the mountains, and
they by their own confession had taken off 3,200 slaves
besides the greatest parts of our mills and coppers,
with other rich merchandizes to the vallew of a great
many scores of thousand pounds, yet all this was not
sufficient to sattisfie the avarice of that perfidious
generall, but on April 6th he issued out his orders for
the convening of all the principall officers and others
the inhabitants of this Island, to whom he made a
second proposall [see below]. They declared their
inabillity to comply. Whereupon he ordered them
immediately to be put on board the severall men of
warr in the Road, threightening that, in case they
refused to sign such Treaty, they would separate the
husbands from the wives and children, and transport
them amongst the Spaniards, and his officers told
severall of the Gentlemen that, if they would not sign
such instruments of writeing as the Generall had offered,
they would compell them too it, and imediately they
found their usage more seveer, severall persons that
were on board some of the men of warr, haveing no
other food but mouldy bisquett and horse beans
boyled ; and Col. Abbott, Col. Burt, Col. Wm. Buttler,
and James Bevon, all of H.M. Councill, that were confined
on board the man of warr commanded by M. D'Ibervill
himselfe were peremptorily told that they shold be
sent for France if they would not comply with their
demands, and that they should not be suffered to go
on shoar, to take leave or to make any provission for
their familys. By this and other hardships imposed
upon them and others, to which they saw no probability
of an end to be put to, they were constrained to put
their hands to the proposal^ before mentioned. This
being not in our power to comply within the time
limitted, the consequences of it would be that their
forces will return and carry the inhabitants off into
miserable slavery, which if not spedily releaved by
H.M. will be a totall losse of this her Collony, and the
inavitable ruin of a great many tradeing men to this
Island. It would be too tedious to repeat their
unaccountable crewelty in burning and destroying
our Churches, digging up of our dead, the defacing
their monuments and tombstones, in imprisoning
severall of our men and women, whome they suspected
to have beene wealthy, their destroying our records
and papers, contrary to the 9th article of the Treaty,
and to conclude, their own Generall's Declaration,
that he was not under any obligation any longer to
observe the Treaty of Capitulation. Signed, Richd.
Abbott. Endorsed, Reed. Aug. 7, 1706. 5 pp.
AMERICA AND WEST INDIES. 14*
1706.
3/>7. iii. (a) Conditions of Surrender granted by M. d'Iberville
to Col. Abbot and the Officers of Nevis. (1) All officers
and inhabitants shall have good quarter, (2) and
their wearing apparel, but the rest carryed away.
(3) The Governor and all the officers and troops shall
surrender prisoners at war, and all the inhabitants.
(4) The Governor and Officers shall go out with their
arms. (5) The houses shall be preserved as much as
possible. (6) They shall be allotted houses to lodge
in till we go off the Island. (7) All the negroes shall
be delivered me. I give Col. Abbot 12, the President 8,
the Captain 3, the Lt. 2, and the Queen's Commissioner 2.
(8) That they set at liberty Madam Safart, if she is
not dead, who they detain against all right of Nation.
(9) That all their papers be delivered me. (10) All
officers and inhabitants shall be at liberty, on condition
they set at liberty a like number of French that are
in England, and on the English Islands, which they
shall send into France, or to the French Islands.
(11) There shall be a list taken of all the officers and
inhabitants, women and children that are in the Island,
so that a like number may be rendred. (12) That
4 hostages shall be delivered me for the performance
of the exchange. Given before the redoubt of Nevis,
April 4, 1706. (N.S.) Signed, D'Iberville. Subscribed,
(b) These are to certify and make known to all people
that I have given, bargained and freely granted unto
the severall inhabitants of this Island, that have signed
the agreement of April 4 (above), all negroes, houses,
mills, coffers, stills, horses, cattle, and all other stocks
whatsoever, all goods, chattels and other commodities
and things whatsoever that were to have been rendred
to me, or that I might have taken or destroyed, in
consideration of 1,400 negroes, which they are to deliver
me or order at Martineco within 6 months, and in case
any of the said number of negroes should be wanting,
they are to pay at the said place for every such 100 pieces
of 8. My meaning as to that article of houses is, those
which are in the severall towns as also in the country,
and that no negroes, mills, coppers, and stills, horses
and chatties shall be taken off by any person or persons
under my command, or any houses burnt, or other harm
or prejudice whatsoever done the said Island from
the date hereof, April ^, 1706. Signed, D'Iberville.
Endorsed, Reed. June 26, 1706. 2J pp.
357. iv. Remonstrance by Col. Abbott and Mr. Burt to
M. D'Iberville. Charles Town, March 30. The
confinement of our people to a close prison without
bread or water, has been a very great surprize to us.
Both by the Treaty and your own word and honour,
they were to be civilly used. Wee understand orders
have been gave to your troops that marched yesterday
Wt. 4912. C 10
146 COLONIAL PAPERS.
1706.
evening to bring in all the women and children out of
the country to this place. This will not be agreable
to the 1st article of Capitulation (see above). If their
houses be burnt, it will be an absolute breach of the
4th article. It is not in our power to compell our
negroes to come in, but wee declare that wee cannot
esteem those our friends that encourage them to the
contrary. The Surgeons are this day imprisoned,
notwithstanding your Excellency's protection, whereby
they are disabled from taking care of such as are
wounded, and in particular Col. Daniel Smith. When
St. Kitts was, in 1690, reduced to the subjection of the
Crown of England, the negroes kept out in the mountains
more then a twelvemonth, and never could be brought
in, they killed many English, yet that never was laid
to the charge of the prisoners. It is scarce in the
memory of man, no not in the strictest times, that
ever prisoners of warr were soe closely confined after
articles of capitulation, more especially no destinction
is made betwixt the officers and common people. Lett
such as are guilty of any breach of articles suffer, and
the innocent goe free, etc. Signed, Richard Abbott,
Wm. Burt. Copy. If pp.
357. v. Certificate that there were upon Nevis, when taken,
430 men and officers ; 75 men, women and children
of H.M. regular troops ; 330 seamen belonging to 25
vessels then in the Roads ; 311 women, 612 children ;
6,023 negroes. April 6, 1706. Signed, Richard Abbott,
and the Council. Lists of officers : Col. Rd. Abbott,
Lt. Coll. R. Elleis, Major Sam. Gardner, Capt. Tho.
Bridg water, Capt. Tho. Minor, Lt. John Smargen,
Lt. Tho. Abbott, Lt. Rich. Abbott, Lt. Edward Gardner,
Lt. Peter Bowdon, Lt. Wm. Burt, Lt. John Bishop,
Lt. Tho. Cotgrave, Lt. Josuah Hobson, Lt. Cha.
Bridgwater, Ensigne Wm. Davis, Tho. Belman, A.D.C.,
Col. Daniell Smith, Lt. Col. Wm. Butler, Major Micha.
Williams, Capt. Sam. Clarke, Capt. Jos. Symonds,
Capt. John Richardson, Lt. Henry Litton, Lt. William
Maynard, Lt. Jacob Williams, Lt. Geo. We(e)bb,
Lt. Jos. Stanley, Lt. James Symonds, Lt. Richd. Walker,
Ensigne Charles Earle, James Browne, A.D.C., Col.
Wm. Burt, Lt. Col. Tho. Butler, Wm. Child, Major,
killed, James Butler, William Rogerson, John Powell,
Ministers. John Ward, Collector. 2 pp.
357. vi. Agreement of April ^, between M. D'Iberville and
the inhabitants of Nevis. Having failed to fulfil the
Article of the Treaty, by which they bound themselves
to bring in all the negroes in the Islands, the said
inhabitants undertake to bring to Martinique in 3 months
from to-day 1,400 negroes, or 100 pieces of eight for
each they fail to bring. They will give 4 hostages
for the fulfilment of this engagement and of the article
AMERICA AND WEST INDIES. 147
1706
of capitulation relating to the exchange of prisoners.
M. D'Iberville promises that there shall be no insult
or hindrance committed by filibusters after the
departure of the fleet. He will leave the inhabitants
their horses, cattle, coppers, mills, etc. Signed,
D'Iberville, Dumeynis, Chavagnac. Rd. Abbot,
Wm. Burt, Wm. Butler, Robt. Elleis, Jno. Smargen,
Aza. Pinney, Jno. Home, J. Bevon, James Millikm,
Jos. Stanley, Mich. Williams, Jacob Williams, Edw.
Gardner, Tho. Bridgwater, Cha. Bridgwater, Tho.
Abbot, Jacob Satur, Geo. Cheret, Tho. Cottgrave,
Geo. Meriweather, Isaac Wignall, W. Richards, Jno.
Edgerly, Solomon Israel, Jno. Wignall, James Stevens
(mark), Tobias Pendar, Tho. Goare, Tho. Powell, Abra.
Smargin, Jos. Rayes, Jno. Bowry (mark), Abra. Bueno de
Mezo [or Mezgt. ?], Isaac Francis, Josa. Hobson, Henry
Rawlins (mark), Geo. Litman, Leo. Hendrickson, Wm.
Avent, Matthew Martyn (mark), Wm. Smith (mark),
Walter Tobin, Tho. Neale, Isaac Pinhero, Sam. Jefferys,
senr. (mark), Hannaniah Arrobas, James Caskey (mark),
Wm. Wignall, Wm. Ely, Edw. Lashley, Joseph Austin,
Wm. Wyet (mark), Jno. Griffin, Wm. Libur, Jenkin
Rice, Tho. Sargent, Peter Bowdon, Hen. Lytton,
Raphll. Abendana, Wm. Davis, Geo. Burt, Joseph
Symonds, Mich. Nowell, Sam. Jeffereys, Joseph Prossor,
Tho. Easom, Cha. Earle, Tho. Wilkinson, Jno. Slade,
Wm. Bennet (mark), John Smith, Isr. Smith (mark),
Jno. Wattley, Ja. Symonds, Jno. Thornton, Sam. Clarke,
Nich. Burrows, Jno. Haynes, Jno. Oesterman, Jno.
Byshopp, Wm. Maynard, Jno. Smith, Francis Saunders,
Jonas Webbe, Sam. Gardner, Ben. Cliezus, Jno.
Latogsoneur, Tho. Bartlet, Jno. Knight (mark), Peter
Peterson (mark), Geo. Chapel, Ambros Frost, Jno. Coker,
Sam. Browne, Tho. Minor, Tho. Wallwin, Jno. Brookes,
Thomas Butler, P. Andrews. French. 2 pp.
357. vii. Declaration by M. D'Iberville, April $,. All the
surplus remaining from the 1,400 negroes and the
coppers, sugar-mills, cattle, horses and made sugar shall
be divided equally amongst those interested who have
signed here [? above], in proportion to their wealth
before the taking of Nevis, and no others. Signed,
D'Iberville. French. Copy. J p.
357. viii. Pass for ships from Nevis to St. Thomas and
Martinique, from April 20-Oct. 31, 1706, to enable
the inhabitants to fulfil the above engagement. Signed,
D'Iberville. Seal. French. J p.
357. ix. Certificate by M. D'Iberville that he has taken 3,187
negroes from Nevis, 2,387 for the fleet and 800 for the
filibusters. Signed, D'Iberville. French. } p. [C.O.
152, 6. Noa. 58, 58.i., ii. (covering letter and Nos. i., ii.
only) ; and (without enclosure*) 153, 9. pp. 385, 386 ; and
(No. ii. only) 184.i. No. 6.i. ; and (No. iii. only) 152, 6.
148
COLONIAL PAPERS.
1706.
No. 56 ; and (first part of No. iii. only, 2 copies in French
and one in English) 184, 1. Nos. 6.ii., 7, 8; and (second
part of No. iii. only, in French and English) 184, 1. Nos.
11, 12; and (covering letter only, dated April 23) 184, 1.
No. 6; and (Nos. iv.-ix. only) 184, 1. Nos. 9, 10, 13-16;
and (duplicates of i., iii(a) French, iv., v., ix.) 152, 42.
Nos. 2, 2.i.-iv.]
June 4. 358. Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. Enclose extracts from Governor Dudley's letters
relating to drift whales and prisoners. The Governor of Canada's
proposals containing more than the exchange of prisoners, vizt. a
truce, of which Col. Dudley says he has no need, as likewise
about the Fishery, we do not think it advisable that he do proceed
therein ; But as to the exchange of prisoners proposed by
Col. Dudley, we humbly conceive it may be for H.M. service
that Col. Dudley receive H.M. pleasure for the same. As for
his proposal for attacking the French, which has been also
proposed by the Lord Cornbury, we humbly submit the same
to H.M. [(7.0. 5, 912. pp. 153-155.]
June 5. 359. W. Popple to Richard Savage. The Council of Trade
Whitehall, and Plantations desire to know what Naval Stores have been
imported from the Plantations the last year, and what quantity
of whale blubber, oyl or fins from New England the two last
years. [(7.0. 324, 9. p. 124.]
June 6. 360. Mr. Secretary Hedges to the Commander of the Fort
Whitehall. a t Newfoundland. Encloses Instructions (see April 11, 1706).
I cannot but make use of this opportunity to advise you to behave
yourself in such a manner as that you may give no just occasion
of complaint, which I know you will take as a friendly caution
from, Signed, C. Hedges. [(7.0. 324, 30. p. 105.]
June 6. 361 . Same to the Commander of the Newfoundland Convoy.
Whitehall. Encloses Instructions, April 11. Signed, C. Hedges. [C.O.
324, 30. p. 105.]
June 6. 362. Mr. Secretary Hedges to the Council of Trade and
Cockpitt. Plantations. You are to prepare a scheme for fortifying the
Bahamas [see April 24] to be layd before H.M. Signed,
C. Hedges. Endorsed, Reed. Read June 7, 1706. 1 p. [C.O. 5,
1263. No. 110; and 5, 1291. p. 293.]
June 7. 363. Mr. Savage to Mr. Popple. In reply to No. 359, encloses
Custom House, following. Signed, Rich. Savage. Endorsed, Reed. Read
June 11, 1706. Addressed. 1 p. Enclosed,
363. i. Naval Stores imported from the Plantations, Dec. 25,
1704-Dec. 25, 1705. Cordage 4 cwt. Masts, great, 106,
pitch and tar 179 last, Rozen 47 cwt. 3 qrs. 25 Ib. Whale
fins Xtmas 1703-1704, 318 cwt. 1 qr. 20 Ib. Xtmas,
1704-1705, 85 cwt. 1 qr. 22 Ib. Oyl, 1704, 214 tuns,
AMERICA AND WEST INDIES. 149
1706.
3 hd. 42 gal. ; 1705, 112 tuns, 1 hd. 40$ gal. No Whale
blubber. Signed, Charles d'Avenant, Inspector General
of Imports and Exports, June 7, 1706. 2 pp. [C.O.
323, 6. No*. 8, 8.i. ; and 324, 9. pp. 124, 125.]
June 7. 364. Council of Trade and Plantations to the Queen. Offer
Whitehall, for repeal 3 Acts of Barbados, vizt. (1) to encourage privateers,
(2) for fitting out vessels of war, which give the whole prize
to the privateers and thereby infringe H.M. prerogative, (3) to
secure the peaceable possession of negroes (see Attorney General's
Report). Recommend for confirmation 9 Acts passed 1701-
1705. [C.O. 29, 10. pp. 67-70.]
June 10. 365. Order of Queen in Council. Referring enclosed for
Windsor, their report to the Council of Trade and Plantations. Signed,
John Povey. Endorsed, Reed. Read June 18, 1706. 1 p.
Enclosed,
365. i. Richard Butler, William Ashton, Henry Pacey, and
others, to the Queen. Enclose annexed proposal, and
pray H.M. to transmit annexed queries to be answered
by the several Governors to be laid before the House
of Commons at their first meeting. 1 p.
365. ii. A Proposall for an annuall consumption of wooll,
to prevent clandestine exportations thereof, and to
advance the price of the English Draperies abroad,
to enable the Tenants to pay their rents, and for
employing the poor, with duties etc. passing 2 or 3
millions for carrying on the war. (1) The Planters
in the Carribbee Islands having got vast runs of lands
gratis, only paying a small acknowledgement, and having
plantations settled with great numbers of white servants,
negroes and Indian slaves, have not had such a regard
to England as to cloath their white servants and slaves
with an English manufacture, and the Colonys on the
Maine, being well peopled, have great tracts of land,
following husbandry as in England, gratis, plant tobacco,
build ships to carry their grain etc. to forreigne ports,
and also furnish the Islands, to the great prejudice of
the Trade of England, having opportunity of under-
selling us by reason their ports lye nigher, whereby
they are grown very wealthy, having many white servants,
negroes and Indian slaves, and paying them no wages
further increase the planter's riches, who never paid
taxes to any warrs. (2) Therefore it is proposed that
the Planters be by an Act here obliged to cloath
their servants and slaves with an English manufacture,
viz., of lincey woolsey for the Islands made of } course
wooll and hemp for jacketts and breeches for men,
pettycoats and waistcoats for women, and so for boys
and girls, which will be convenient and decent cloathing
for working negroes in lieu of their clouts, which they
wear at present, and will prevent a generation of
150
COLONIAL PAPERS.
1706.
June 10.
Windsor.
June 10.
Windsor.
June 10.
Windsor.
mulatto's and mustees, and preserve their healths
from the diseases of the climate. This cloathing to be
disposed of to the Planters by way of barter so cheap
as not to exceed the value of one piece of eight for each
shape, which will save the Planter ready money, which
he now pays for a course hempen cloathing for his
house negroes, since the Planters cannot find any cloath-
ing from their own produce. (3) The Planters having
never been obliged by any Act of Parliament in England,
or any voluntary act of their own to pay any taxes
towards the warr, whilst England, to protect them,
is at vast expence in peace and warr, and has long
laboured under heavy taxes, It is humbly offered
that the Planters may by an Act cloath their servants
with a warm cloathing manufactured in England all
of coarse wooll etc. not exceeding 20s. each shape. This
method for cloathing is proposed to be by way of barter
for their commodities as Navall Stores etc., and is no
more than what the Dutch, French and Spaniards do.
Proposals for taxing imports into the American and
West Indian Colonies. Petitioners pray to be considered
for carrying on this great design. Copy. 12 pp.
365. iii., iv. Enquiries to be answered by Governor Handasyde
and Governor Dudley. Copies. 2 pp. [C.O. 323, 6,
Nos. 10, lO.i.-iv ; and (Order and enclosure i only) 324, 9.
pp. 126, 127.]
366. Order of Queen in Council. Repealing the two Acts
of Carolina [see May 24]. The Proprietors and Assembly are
strictly enjoyned not to permit them to be from henceforward
put in execution, but to declare them null and void, as they will
answer the contrary. Signed, John Povey. Endorsed, Reed.
Read June 13, 1706. If pp. [C.O. 5, 1263. No. Ill ; and
5, 1291. p. 394.]
367. Order of Queen in Council. Approving Representation
of May 24, and ordering, for the more effectual proceeding against
the Charters of the Proprietors of Carolina, that the Attorney
and Solicitor General report what may be necessary for effecting
the same with all convenient speed. Signed and endorsed as
preceding. 1 p. [C.O. 5, 1263. No. 112; and 5, 1291. p. 395.]
368. Order of Queen in Council. Upon the appeal of
Sir H. Ashhurst, the sentence of costs Aug. 24, 1705, in the case
of the Mohegan Indians, is reversed and a Commission of Review
granted for determining their claim. Lord Cornbury to be a
Commissioner ; others to be proposed by the Council of Trade
and Plantations, who are to send instructions to the Attorney
General for drawing the said Commission, and to consider enclosed
petition, and all other necessary dispatches to be passed
expedited at H.M. charges in favour of the said Indians, and to
report with all convenient speed. Signed, John Povey.
Endorsed, Reed. Read June 18, 1706. 2J pp. Enclosed,
AMERICA AND WEST INDIES. 151
1706.
368. i. Agent of the Mohegans to the Queen. Prays that in
regard of their great poverty, and to prevent their going
over to the French, the charges of the Commission of
Review etc. may be paid by H.M. etc. Signed, Wm.
Wharton. Copy. 1} pp. Order and Petition set out,
N.Y. Docs. IV. pp. 1176-1178. [C.O. 5, 1263. No*.
115, 115.i. ; and 5, 1291. pp. 407-410.]
[June 11.] 369. Attorney General to the Council of Trade and Planta-
tions. Report upon the Laws of New Hampshire in force 1703.
Some are expired. The Act for restraining privateers and pirates
hath been repealed. Two Acts for raising 5001. have been already
confirmed. As to the rest, I concieve they are agreable to Law
and Justice and do not contain anything prejudicial to H.M.
Royall prerogative, save the following. (1) The Act concerning
the prudential affairs of towns, in regard it is not plain wt.
may be included within ye prudential affairs of a town. I think
it proper to confirm this Law for a certain time onely, and till
H.M. by Order in Council shall make any other order touching
the same. (2) The Act for the settling and distribution of
intestates' estates etc., making a distribution of the real estates
as well as the personal estates of the deceased among all
the children, is not fit to be approved, it altering ye descent
of inheritances of persons residing in England, and contrary
to ye course of descents of inheritances in England, and it will
be inconvenient to divide Plantations. And in another part of it,
for dividing estates of insolvents equally among ye creditors,
it is contrary to ye Laws of England, not having any regard to
the nature of the securitys for those debts. (3) The Act in
addition to an Act to compell constables to do their dutys in
collecting of rates (subjecting the bodies of persons to be imprisoned
for the rates laid on them in the towns, if they have no visible
estate), is unreasonable there not being allow'd an appeal to ye
Justices agst. ye rates. (4) As to the Act concerning marriages,
which gives power to Justices of ye Peace, or settled Ministers
residing here, to joyn persons in marriage, who have been thrice
published on Meeting-days, I see no reason to allow Justices
of ye Peace to marry. (5) The Act for the maintenance and
supply of ye Ministry etc., leaves the Ministry perfectly at ye
will of ye people, and also leaves it in ye people's choice whether
they will have a Minister or not, and exempts all persons who
shal serve God separately according to their own perswasion
from contributing to ye Minister, so that there is no settled
Ministry at all in this Colony. Therefore I think this Law is
not fitt to be confirmed. (6) The Act for acknowledging of deeds,
I think unreasonable in giving a J.P. power to committ a man
who will not acknowledge his deed, for that if the person denys
the deed, the Justice may hereby adjudge that to be his deed
wch. is not, and bind him ; the acknowledgement ought to be
voluntary, and the person to whom it is made ought to take
care of it. (7) As to the Act to prevent expence of time and gaming
in Ordinaries, I think it seems too severe yt. playing at nine-pins
152 COLONIAL PAPERS.
1706.
or any other game for money, should be prohibited. (8) The Act
for restraining of inhuman severities, I think too large, in that
willfully killing a man's own negroe servant shall be punish'd
with death, for that is not the description of murder, which is
killing for malice, he that doth it in his own defence doth it
willfully, therefore it should be said without provocation, or
of malice. (9) The Act to prevent damages by horses, disables
all persons to put cattle on the commons, except freeholders ;
it should have been, or their tenants. (10) As to the Act for
punishment of criminal offenders, there are several good
provisions in this Law, but this is unreasonable, that if a man
who is convicted of perjury reverses his judgment, he is to recover
his damages against those who did procure such judgment, which
will discourage prosecutions for perjury, since on the reversall
(which may be for form) the prosecutor must answer damages
to ye persons convicted. (11) As to the Act for recording deeds
and conveyances, I see no objection against this Act, but the
objection against the Act for acknowledgment of deeds, for by this
Act alsoe the Justice hath power to committ a man refusing
to acknowledge his deed, so that ye Justice is absolute judge
to determine whether this deed was made or not. (12) By the
additional Act for settling intestates' estates, etc., the estates of
insolvent persons are to be distributed equally among the creditors
without regard to the nature of their debts, which is contrary
to the Law of England. It also gives appeal to ye Governour,
but none to ye Queen. (13) By the Act for taking affidavits out of
Court, affidavits to be used at tryals and to prove deeds may
be taken without notice to the other side, which is unreasonable,
and not to be allowed. (14) To the Act for regulating seamen,
I have no objection except that therein is a clause which I doubt
will include Capts. of ye Queen's men-of-war, vizt., that if any
Commander of any ship shall ship any seaman knowing him to
be first entertain 'd on board another ship, and after notice thereof
given shall not dismiss him, shal forfeit 51. (15) By the Act
for regulating of tryals in Civil causes, errors and reviews are
allowed in this Province to ye Governour and the Council, but
no appeal to H.M. (16) The Act for establishing Courts of Publick
Justice, I conceive intrenches on H.M. prerogative and power
given to her Governour to erect Courts, and altho' it allows
an Appeal to H.M., where the value in demand is above 300?.,
yet it prevents H.M. allowing an Appeal if for less, which she
may do if she pleases. Signed, Edw. Northey. Aug. 17, 1704.
Endorsed, Reed. Aug. 19, 1704, Read June 11, 1706. Edges torn.
6 pp. [C.O. 5, 864. No. 64 ; and 5, 912. pp. 156-171.]
June 11. 370. Board of Ordnance to the Council of Trade and Planta-
fficeof tions. Reply to May 28. We have writt to Col. Handasyde
to demand of Mr. Daniel of Carolina the stores which he borrowed,
and in case of non-complyance to acquaint him that the bond
of 1,000?. penalty shoud be putt in suit. If neither the stores
nor value can be recovered, we must lay the same before H.M.
Signed, C. Musgrave, Ja. Lowther, Ja. Craggs. Endorsed, Reed.
AMERICA AND WEST INDIES 153
1706.
Read June 13, 1706. 1 p. [C.O. 137, 7. No. 24; and 138, 11.
pp. 477, 478.]
June 13. 371 . Mr. Nelson to the Council of Trade and Plantations.
Bermuda. The usage wee meet with here may excuse this relation. There
lately arrived a sloop from Martinico, which had been with Fn-nch
prisoners, and brought back great quantityes of French
commodityes, wch. are sold at extravagant rates. Immediately
upon her arrivall, ye Governour with others went for atast [? a
taste], but (as generally reported) it had so great an influence yt.
before they parted they all spript [? stripped], and danced naked
with other od circumstances, in ye said Company were 3 of ye
Councell old men, and severall of ye Cheife Officers of ye Country.
In Aug. last the Assembly came not down according to adjourn-
ment (which I take to be a discontinuing), yet about a fortnight
after, thev meet by ye Governour's private letter. Signed, Gilbt.
Nelson. "Endorsed, Reed. 5th, Read Aug. 6th, 1706. Addressed.
Holograph, i p. [C.O. 37, 7. No. 33.]
[June 13.] 372. Proprietors of Carolina : Ld. Granvill, Palatine,
Ld. Craven, Ld. Carteret, a minor, Sir John Colleton, [John]
Archd[a]le, Morris Ashley, Nicholas Trott, Blake, a minor in
Carolina, son of Col. Thomas Blake, deed. Proprietors of the
Bahamas. See C.S.P., 1702. No. 230, etc. Endorsed, Reed,
from Mr. Graves, June 13, 1706. 1 p. [C.O. 5, 1263. No. 113.]
[June 13.] 373. Copy of H.M. Commission to John Bridger to be
Surveyor General of the Woods on the Continent of Ajmerica etc.
Countersigned, Godolphin, St. James's. Dec. 24, 1705. Endorsed,
Reed. June 13, 1706. 2 pp. [C.O. 5, 864. No. 66 ; and 5, 912.
pp. 172-177.]
June 14. 374. Certificate from the Council of Trade and Plantations,
Whitehall. i n favour of Mr. Jackson. Having received several certificates
by the inhabitants, masters of ships and soldiers of St. Johns,
that he is a person of honest principle and sober and peaceable
life, they recommend him to the charity and goodness of all well
disposed persons. Signed, W. P. jr. 1 p. [C.O. 194, 3. No.
164 ; and 196, 4. p. 284.]
June 17. 375. Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. In reply to June 6. Mr. Graves informs us that if 100
soldiers and stores, as below, were sent to the Bahama Islands,
and all the 4 or 600 inhabitants scattered in the Islands were
summon'd to Providence, they wou'd jointly be able to defend
themselves against any attempt of the enemy ; that t lu inhabitants
will be assisting in repairing the fort and building the barracks etc.,
but must to that end have provisions of meat and drink allowed
them ; that till the Fort can be repaired and barracks built,
hutts may be raised in some few days sufficient to lodge the
soldiers and inhabitants and to secure them from the weather.
We are sensible that the proposal of fortifying this Island may
154 COLONIAL PAPERS.
1706.
be look'd upon as unseasonable at this time, considering H.M.
other important occasions, besides that it may seem not proper
for H.M. to be at the expence of fortifying a place of which she
hath not the quiet and legal possession, and that it will
require a considerable time to evict the title of the Proprietors
by a legal process ; but on the other hand it is to be considered
that, if in the meantime the French from Petit Guaves or other
adjacent places, or the Spaniards who are in the French interest
shou'd from Cuba or Hispaniola settle themselves upon
Providence, it may prove destructive to our Jamaica and other
trades, and wou'd be a far greater charge to H.M. to dislodge
them, than by a timely supply to prevent their settlement. In
case therefore it be resolved to fortify Providence at present,
we have reduced the expence thereof to the inclosed proposals.
We humbly submit, whether the Commander of the soldiers
shou'd not likewise be Governor of the Islands. Autograph
signatures. 3 pp. Annexed,
375. i. Scheme for securing the Bahama Islands. The fort
at Providence wants reparation, but what, cannot
exactly be said, till it be viewed again. However,
there will want barracks, Governor's House and Store
house, 100 soldiers and officers ; 200 spare arms etc.
and ammunition ; carriages and stores for 40 great
guns ; 18 masons, smiths etc ; tools for store and
timber, coal, iron, nails and oars ; provisions for a
year and a small man of war. 2 pp. [C.O. 23, 12.
Nos. 68, 68.i. ; and 5, 1291. pp. 396-399.]
June 18. 376. Admiral Whetstone to Mr. Secretary Hedges. Yours
Suffolk of Jan. 31 did not come to my hands till May 12, at wch. time
m Harbour^ * came * n ^ rom tne Spanish coast, and had then ye certaine advice
of ye Galloones being arrived at Carthagene 12 days before I
came upon yt. coast, to ye no. of 30 odd, which consisted of their
Barlaventer Fleett Galloones, and Flota, since wch. wee have
allsoe had an acct. of Mounsr. Ducass' being there with 8 saile
of large and 2 small men of warr, wch. 'tis believed ye biggest
of them will goe downe for ye Havanna, and there waite to joyne
M. Ducass, who 'tis thought will goe downe with the Galloones
to Leverdecruixe, and stay there till they have taken in their
ladeing, and soe to come up to ye Havanna, in order to goe home
a convoy to them, and there squadron will then consist of 12 or
14 men of warr. This appearance of ye French in ye West Indies
makes the Spanyards very uneasy, especially those inclined to
ye interest of King Charles III, wch. are ye major part of ye
people, who dare not shew it, without there be a superiour power
to protect them against the insolencys of ye French, wch. must
be done by a squadron of shipps to prevent the French trade
and to gauid the Spanish ports, they'l hardly ever incline to
receive land forces from any other but ye Spanyards themselves,
for ye French imposeing that upon them, has made them their
mortall enemies, when they can have an opportunity to show it ;
of the good inclination of ye Spanyards to King Charles, I am
AMERICA AND WEST INDIK IM
1706.
well assured by some I lately took who have given me reasons
to believe ye same. The Spanish and Kivm-h >lii|>f* that goes
downe to Leverdecruix will undoubtedly be very rich wli. r
come back againe about Feb. and March, and for y -itin^
of their getting to Europe, if any shippe be employed in
service, they must be there in those months, wch. if it please
God to send us well home, I hope to have ye opjxTtuni'
acquainting yr. Honour more at large. Signed, Will. WhetM
Endorsed, R. 31 Jul. Addressed. Sealed. 2 pp. [(7.0. 137,
45. No. 79.]
June 18. 377. Governor Handasyd to the Council of Trade and
Jamaica. Plantations. I have had none from your Lorpe. by these two
last packetts. We have had an imburgo here for these 6 or 7
weeks past, on news of the enemy's being to windward, and by
all hands it is confirmed they had a design agst. us, if the ships
from old France had joined them, wch. they expected, and if
they had come, I am of opinion they would have found very
hott work. I likewise proclaimed Martiall Law, to oblige these
headstrong people to put themselves in a posture of defence,
by wch. means I have got sevll. fforti float ions and batterys raised,
wch. otherwise never would have been done, as well as disciplined
the people, and taught them how they should behave themselves
in case of an attempt. But having had an account that ye enemy
is dispersed, the imbargo is off, and the law will go on as usual!.
I have advice that there are 5 or 6 French men-of-warr gone
down to the Havanna, and I am of opinion they are gone to
join the Plate Fleet, and if they refuse their convoy, to force
them to it, but this is only what I conjecture. I hope the
English and Dutch Fleet may meet with them, before they gett
where they designe, by what I understand, the Spaniard is very
apprehensive of them. I have heard nothing yet of the fflag
of truce which I sent to the Spanish Governours, so that I believe
she is fallen into the hands of the French, who make no scruple
in these parts of breaking the rules of warr, or else that she is
detained by the Spaniards till the Flota is gone. I delivred out
to the Militia, all the arms that were in the stores, and have taken
their receipts for them to pay for them at reasonable rates,
when H.M. shall demand payment, and have likewise obliged
every planter to arm as many of his negroes as he dare trust,
but to take their arms from them as soon as the exercise is over.
There have been four of the chief Indians from Darian to request
the favour of 30 fire-arms and 21b. of powder for each fire-arm,
cartouch boxes, balls and flints, and I haveing been informed
that they are well inclined to the English Government by assisting
every vessel which comes that way with what their country
produces, it was unanimously agreed on in a Council of Warr,
that they should have 30 fire-arms given them with powder, ball,
flints proportionable, after wch. sent them home in the same
sloop that brought them. One FitzGeraW, a soldier in H.M.
regiment under my command, deserted his colours and went
over to the Spaniards in a tradeing sloop, pretending to be no
156
COLONIAL PAPERS.
1706.
June 18.
Jamaica.
June 19.
Whitehall.
June 19.
Whitehall.
June 20.
Bermuda.
soldier, but falling into the hands of some of the Spaniards who
are our friends, they sent him for a small gratuity on board again,
for wch. fact he was tried at a Court Martiall and hanged as an
example to all others. As to our men-of-war I can say little
of them, they have been out about 14 days, and are returned.
The Admiral's ship has sprung her mainmast in 2 or 3 places,
as he gives me an account, and fears it will not carry her home.
I am told by some of the mercts. that there is a man-of-war,
that heroe, Capt. Allen, Commander, ordered to convoy to
England what ships are ready in 3 weeks, but have no such
account from the Admll. I shall be obliged to call an Assembly
in a very little time, to make good the extraordinary expence
that has happened by takeing up of spye-boats, and buying
provisions, and the great charge we are at with the French
prisoners, wch. I would willingly have them re-imburse the
Treasury what it is out, and make the other funds good : whether
I shall prevail wth. them or not God knows, there being 5 or 6
men who are commonly in the Assembly that lead all the rest
by the nose, tho I am in hopes I have pretty well broke their
faction. The Island is very healthy att prest. Signed, Tho.
Handasyd. Endorsed, Reed. Read Aug. 2, 1706. 2 pp. [C.O.
137, 7. No. 29 ; and 138, 12. pp. 11-16.]
378. Governor Handasyd to Mr. Sec. Hedges. Repeats
parts of preceding. Signed, Tho. Handasyd. Endorsed, R.
Sept. 16, 1706. 2 pp. [C.O. 137, 51. No. 14 ; and 137, 45.
No. 80.]
379. W. Popple to Mr. Solicitor General. Encloses Laws
of Maryland 1704, 1705, for his opinion in point of law, etc. [C.O.
5, 726. p. 379.]
380. W. Popple, jr., to Sir E. Northey. The Council of
Trade and Plantations desires your opinion in point of law upon
the enclosed Act of Pennsylvania directing the qualifications of
officers etc. [see Jan. 19], with what convenient speed you can ;
the ships for those parts being to sail in a short time. [C.O. 5,
1291. pp. 410, 411.]
381 . E. Jones to the Council of Trade and Plantations.
Refers to letter of Oct. 8, 1705. I have received none from
your Lordships, except one of May 3, 1705. Those gentlemen
striving to justify their illegal proceedings, have ran themselves
into a general confusion to the prejudice of the Queen and the
whole country. (1) The Assembly adjourned themselves to
Aug. 6, 1705, but never met according to adjournment, nor sate
upon any material business since. (2) The Governor pretends
he has had no Council these 15 months past, yet often holds a
private Council at the Flatts or elsewhere, but without a Clark
or minutes or any return to the Secretary's office as hath been
accustomed. (3) Charles Walker, Samuel Spofferth, Benjamin
Wain wright and Robert White, Esq., four of the Council,
AMERICA AND WEST INDIES. 157
1706.
are dead, Capt. John Tucker never appeared, and Patrick
Downing and St. George Tucker much afHi< -t-d with the gout,
so that of 12 in Council there remain now only 5. (4)
Many causes in Chancery have remained upward** of 4 years
undetermined, and yet no Court held since my return. (5)
We should have two Courts of General Assize held yearly,
one in June, the other in December, yet but three has been
held for six years past, and not one since my return. (6) A
commission upon the death of Col. Stafford was granted t>
Samuel Spofferth, now dead, to be Chief Justice, and to Samuel
Sherlock and Samuel Smith, assistants, with power by hii
or the said two Judges by themselves to hold a Court of General
Assize as by Commission inclosed may appear, but being to
meet by Act of Assembly on Dec. 3, 1705, Mr. Smith (one of the
Judges) only appeared and adjourn'd the Court, by means whereof,
according to the opinions of Mr. Tho. Barrow, formerly Attorny
General in Jamaica, Mr. James Brown, Solicitor General here,
and divers other judicious persons, all the actions then upon
the docquet are discontinued to the great damage of the p.-'
therein concerned. (7) H.E. hath since commissioned Col.
Anthony White Chief Justice, and joined with him Samuel
Sherlock, Samuel Smith, and Col. William Tucker, who only met
twice and adjourned, and indeed thus have all our Courts of
Assizes been adjourned from time to time and from month to
month one over the head of another without any sort of order,
and to as little purpose, yet to all these adjourned Courts many
of the inhabitants and Grand Jury men are compelled to travell
from all parts of these Islands and to give their constant
attendance to their no small trouble and expence without any
manner of satisfaction. (8) Formerly all writts issued out of the
Secretary's office, which the Judges used to sign and the >
fill them up, but now the cause of action must first be enter'd
in the Secretary's office and then a copy thereof attested by the
Secretary carried to the Chief Justice, many miles di-tant from
the office, who signs a writt of his own Clark's drawing, or n-fu-et h
to sign any at his own will and pleasure, and having a general
knowledge-and acquaintance with the people and all their publiek
and private interests, being born in the country and related
to great part of the inhabitants, is therby made > nsible of all
matters in difference between party and party before the same
come gradually before him, so that no man can be safe in com
mencing, prosecuting or defending any action. How far tlii-
new found method of proceedings suits with the oath of a Chief
Judge here, or is consonant to an unbyassed Adminfetatioa
of Justice, I shall not determine, but freely submit the same to
your Lordships' censure. (9) The Judges to >hift them.-. -l\.
from these miscarriages, pretend my 1'atuit doth not entitle
me to the clarkships of these Islands, but that their Commission
from the Governor (tho' in his own name and not in the Queen's
sufficiently empowers them to appoint a Clark of the (J.
Assize who shall make out writts and draw and record aU
proceedings of that Court, and yet will neither constitute a Clark
158 COLONIAL PAPERS.
1706.
to officiate, nor admit of me or my deputy. But either Thomas
Burton (Attorney General) by their order, or one of the Judges
himself calls the Court and adjourns it without any Clark to
record the same. (10) This they pretend is occasioned by my
claiming that office, but if it be in their power to hold a Court
and appoint a Clark and do it not, and yet declare it to be no
part of the priviledges of my Patent, I think it very absurd to
fix the error of their not sitting upon me, when they were at their
own liberty to embrace or reject my claim at their own discretion.
(11) For my part I have hitherto beleived the clarkship of these
Islands to be my just right, according to the true interest and
meaning of my grant, and therefore thought it my duty rather
to justify my title to them in honour to my Patent than meanly
condescend to their self interested resolutions, till I was fully
convinced of the contrary, and well hope I am not blameworthy
in your Lordships' apprehension for my so doing. (12) The
Governor confesseth I ought to be Clark of the Council, yet will
not admit me so to be, but laies the fault upon the country. (13)
H.E. has monthly held what he is pleased to call a testamentary
Court, and Mr. Minors by the Governor's order has acted as
Clark, altho' it was alwais the Secretary's business to keep the
office for probat of wills and granting letters of administration etc.
(14) It has been the antient custome of these Islands to take
marriage lycenses out of the Secretary's office, but now by the
Governor's order they repair to Mr. Minors, who upon my return
removed the records, rolls, files and papers out of the Secretary's
office to his own house, and 'twas a full year before he returned
them again, which (by Order of Council) he should have done
upon oath long before, but still refuseth so to do, and keeps many
of the rolls and materiall papers belonging to the office in his
own custody. (15) H.E. constantly grants Patents of the Queen's
land and Commissions to all officers, civill and military, not
in the Queen's stile but in his own name, and the Military
Commissions under the publick seal of these Islands, and in the
Chief Justice's Commission in his own name also and under
the same seal he is pleased to incert the word customary, a word
not used in former Commissions when there.was no Patent Officer.
(16) A list of all the Commissions upon record granted in this
Governor's time comes here inclosed, by which, if the number
of Commissions granted the year past be strictly compared with
all those before granted since H.E. first accession to this Govern-
ment, your Lordships will be induced to beleive that many of
the former were never recorded. (17) H.E. is pleased to keep
the Publick Seal in his own house and affixeth it to every petty
Commission and other papers promiscuously, without any regard
to the nature of the thing so sealed, and without recording the
same or any return made to the Secretary's office, whereby the
office itself is less'ned and part of my just fees taken from me.
(18) H.M. stores of powder and amunition are often lent in great
quantities to outward bound vessels, and as I am informed
unspeakably imbezled, all which I have been sworn to preserve
for H.M. service, and I do averr that before my suspension I
AMERICA AND WEST INDIES. 109
1706.
maintain 'd all the forts and fortifications 15 months with only
9 barrels of powder, but am now not sunYr. d to m^x-ft thorn.
(19) On Aug. 2, 1705, 3 transport ships from Li^Un Uund to
Virginia lay off and on in sight of our harbour several days together,
designing to trade with us. Whereupon H.E. ordered sundry
goods to be put on board a sloop whereof himself was part owner,
and Capt. John Gilbert, Master, who with Mr. Davis, tin-
Governor's gentleman on board of him, sailed out of St. George's
harbour on purpose to trade with those ships without entring
the sloop and any other cleerings but the Governor's verbal
order, and after two full days traffic k with the said ships returned
and brought on shore sundry goods which they purchased of
the said ships for the Governor's use. (20) The Governor is
likewise concerned in severall other vessells trading to tin-
Northward and from thence to St. Thomas's, whereby H.M.
enemies may constantly be supplied with provisions. (21) H I-:.
also suffers several other vessels to lie at anchor some whole
months together without entring or cleering, and to unload
what they think fit and so to weigh anchor again and be gon.
(22) Capt. Samuel Gilbert, from Curaso and the Salt Ponds,
bound to the Northward, put in here for several days and by
the Governor's permission unloaded what he thought fit and
so went his way to the Northward. (23) Capt. Richard Jennings
of these Islands lately came from Barbados bound to old England
and lay off and on til several boats went by the Governor's order
and fetch 'd off and landed a great quantity of rum for the
Governor's use, and so divers other vessels have lately done,
and yet at the same time an embargo upon all vessels whatsoever.
By all which sinister actions it may be justly concluded that
the Queen is much prejudiced, and myself and other officers
deprived of our just fees. (24) H.E. has vouchsafe! also to
deny a writt of error to several gentlemen who have sup-
posed themselves considerably agrievcd by irregular judgements
and proceedings in our several Courts of Judicature, a It ho'
he well knows the same to be a Writt of Right and the just
priviledge of the subject. (25) Capt. Nelson for want thereof
has been confin'd in the common goale of St. Georges above
2 years upon 2 attachments for costs in a decree grounded upon
a double verdict of common law and referred to the opinion of
the Lord Chief Justice of England, which was never obtain 'd
nor the first determin'd. (26) I myself likewise have by my
humble petition to H.E. endeavour'd to procure the same writt
upon an indictment of perjury charged upon me before my
suspension, but H.E. would not grant it, copys of which are
here inclosed. (27) Dr. Starr who hath bin most barbarously
used and an unpresidented sufferer by a seven- sentence paoaed
against him at the Quarter Sessions, desired a friend to request
a writt of error from the Governor on his behalf, but being a long
time delayed, passionatly said he would go in person to the
Governor and see whither H.E. dar'd deny him Justice, for whieh
he was bound over to the Quarter Sessions, where he owned
the words, and added that, if he had said the Queen herself dar'd
160 COLONIAL PAPERS.
1706.
not deny him Justice it would have bin truth, tho' no good
manners ; this language so incensed the Justices that they passed
an Order in Court that the Doctor should give 5001. security to
appear at their next General Assize. The Doctor appeared
accordingly, and at several Courts since, without any further
examination or bail required, so that he supposed himself dis-
charged, but by the Governor's particular order, is remanded
to prison upon the same circumstances. (28) Capt. Matthew
Newnam, an Attorny at Law, and late Commander of one of
H.M. forts here, observing Tho. Burton, Attorny General, to be
very busy in incensing the Governor against him and other
gentlemen, went to the Governor and voluntarily offered to
prove Burton guilty, (a) That he offered a piece of plate and
also a share of land to Capt. Nelson, then Chief Justice, if he
would stand Burton's friend in an action then depending at
common law. (b) That he actually made over a share of land
to Governor Day, to stand his friend in the Court of Chancery,
and was further guilty of champerty and maintainance. (29)
H.E. turn'd the deaf ear to all these complaints, and would
take no notice of them, which I perceiving, told H.E. I thought
it my duty to acquaint H.E. therewith, but should not concern
myself any further in it. (30) Burton being thus countenanced
by H.E., slighly arrested Newnam in an action of slander and
laid his damage 90/., to which Capt. Newnam had no sooner
put in bail but Burton applied himself to the Justices, and three
of them would not take Capt. Newnam's examination on behalf
of the Queen against Burton, but bound him over to appear
at the next Quarter Sessions to answer Burton's complaint.
(31) Governor Day, for the consideration of 131., in money to
him paid for the use of the Queen as a fine and also the annual
rent of 131. , did on April 25, 1699, demise unto Robert White,
late one of the Council, three shares of land in Pagits Tribe and
two small Islands in the Sound for 21 years, which said three
shares and two Islands our present Governor has seized under
the notion of glebe land, and received the rent thereof, and
altho upon the return of an order from himself to enquire into
the title thereof, one full share and the two Islands (equal to
one share more) are found to be Queen's land, which together
with the rest are really worth 301. per annum, yet H.E. continues
to receive the rent of the whole, which rent, before my suspension,
I used to receive for the Crown's use, a copy of which lease is
here inclosed. Signed, Ed. Jones. Endorsed, Reed. 5th, Read
Aug. 6th, 1706. 2 closely written pp. Enclosed,
381. i. Copy of Lt. Gov. Bennett's Commission to Samuel
Spofferth to be Chief Justice of Bermuda. May 17,
1705. Endorsed as preceding. 1J pp.
381. ii. Copies of similar Commission to Anthony White, May 16,
1 706, and of the adjournments of the Courts of Assizes, June
4,1705 June 3, 1706. Endorsed, Reed. Aug. 5, 1706. 5%pp.
381. iii. List of Commissions granted by Lt. Gov. Bennett,
to Dec. 29, 1704,= 19. From May 17, 1705 Sept.,
1706, =30. Endorsed as preceding. 2 pp.
AMERICA AND WEST IXDIES.
381
381
381
381. iv. Copy of a Patent for a parcel of land on the N. side
of St. Georges. Granted by Lt. Gov. Bennett to femur)
Skinner, May 29, 1706. Same endorsement. If pp.
v. Copy of a lease of land granted by Lt. Gov. Day to
Robert White, April 25, 1 099. Same endorsement. 2$ pp.
381. vi. Copy of Order of Quarter Sessions, July 12, 1705.
Dr. Starr to be committed if he do not give 500/. security
to be of good behaviour, he having used impudent words
against the Governor and justified them in Court (as
above). Same endorsement. J p.
vii. Petition of Edward Jones to Lt. Gov. Bennett for
a writ of Error out of the Court of Chancery in his
conviction for perjury, Dec., 1701. May 25, 1706.
Same endorsement. 1$ p.
viii. Copy of Writ of Error granted by Lt. Governor
Bennett, May 25, 1706, in pursuance of preceding. Same
endorsement. 1J pp. [C.O. 37, 7. Nos. 31, 31.i.-viii. ;
and (unthout enclosures) 38, 6. pp. 204-218.]
June 21. 382. Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. Enclose copy of Col. Hodges' letter, April 6. Autograph
signatures. 1 p. [C.O. 184, 1. Nos. 20, 21 ; and (without
enclosure) 153, 9. p. 379.]
June 23. 383. Governor Sir B. Granville to the Council of Trade
Barbados. a nd Plantations. Encloses following, and entreats a favourable
representation of them to the Queen. Abell Alleyne, Esq. dyed
the 16th inst., so that at present there are but 7 Councillors.
The list I formerly sent being much lessen 'd, I offer the enclosed
to be added to it. Encloses Naval Officers' Accounts. Signed,
Bevill Granville. Endorsed, Reed. 28th, Read Aug. 29th, 1706.
Holograph. 2 pp. Enclosed,
383. i. List of persons qualifyed to be Members of the Council
of Barbados : Thomas Alleyne, Rains Bate, Reynold
Alleyne, George Peers, John Wiltshire, Simon Limb. n.
Timothy Salter. Signed, B.G. Same endorsement. 1 p.
383. ii. Council and Assembly of Barbados to Governor Sir B.
Granville. We lay our unhappy circumstances before
your Excellency, occasioned by the poverty of our
estates, great expenses in their management, vast
taxes to preserve our trade and prevent our coasts
from the insults of the enemie, the tr.insjxnialion of
our money, but above all, by the small produce that
our sugar yeilds in England, occasioned chiefly through
the Dutch trade with France, by which meanes they
are supplyed from the privateers at a much cheaper
rate then wee are able to produce it. We entreat your
Excellency to lay before H.M. the dismall apprehensions
wee form to ourselves from the Dutch settlement on
Java, where they have already made such a progress
that they can afford sugar in Holland of that Island's
produce, with a considerable advantage thereon, at a
Wt. 4912.
C 11
162 COLONIAL PAPERS.
1706.
far less valle then the first cost here, which together
with the other disadvantages wee labour under, will in some
short time irretrivably ruine this H.M. most important
Island, unless H.M. shall be pleased to grant us timely
relief, and to ease us of the duty on sugars, by which
meanes only wee shal be enabled to sell at an equal
price with the Dutch. The long warr, with the
mischievous consequences that usually attend thereon,
has so depopulated the Island, that wee entreat your
Excellency to interceed with H.M. to send us a full
regiment of dissiplin'd men, for whose farther subsistance
and well being amoung us wee are prepareing a Bill,
that wee may thereby be enabled to support ourselves,
and discourage any attempts that H.M. enemies may
designe against us, either from our small number or ill
disposition of our fortifications, which hath already
cost us so much money, both of which are sufficient
inducements to a people so well acquainted with the
posture of our affairs as the French Islanders are. Refer
to their plundering Nevis etc. Wee shal not so far
betray our own weakness to say wee were under any
apprehensions, but wee humbly submit to H.M.
judgment, since there was no want off inclination,
what other reason there cou'd be that shou'd at this
juncture prevent us from relieveing our ffriends and
fellow-subjects, as wee did on a like occasion during
the late warr. Wee hope your Excellency will lay
before H.M. that therefore it is wee have begun to
build a regular fortification, and design to goe on with
another, if H.M. will grant us her Royal assistance
for carrying on the same, for so it is, that the fortifying
our sea-coast, and repairing our forts and batteries
has occasioned such a vast tax on the inhabitants,
that they are reduced to great streights, and are ready
to sink under the present weight. Pray that H.M.,
as a most tender and indulgent mother, will supply
our necessitous condition with suitable remedies, order
the application of the 4 p.c. etc. Signed, Wm. Holder,
Speaker and 14 other Members of Assembly ; Wm.
Sharpe, C.J., and 6 other Members of Council. Endorsed
as preceding. 1 large p. [C.O. 28, 9. Nos. 50,
50.L, ii. ; and (without enclosures) 29, 10. pp. 83-85.]
June 24. 384. Petty expences of the Board of Trade. Lady-Day
to Midsummer, HZ. 55. 8d. Stationer's Account, 221. 9s. 4d.
Postage, 891. 1 5s. Qd. Wood and Coals, 331. 19s. 8d. 5 pp.
[C.O. 388, 76. Nos. 7-10.]
June 24. 385. Mr. Dummer to Sir C. Hedges. The Antegoa packet-
London, boat is arrived (114 days out and home), having touched at Nevis
and St. Kitts after the French left. Quotes passages from his
correspondence as to the invasions. (From Barbados, April 8.)
AMERICA AND WEST INDIES.
161
17015.
A spy boat reports 13 or 15 sail of French ships between Barbados
and Martinico, standing to Martinico, believed to be the ships
which alarmed that Island 2 days before, and judged to come
from Tobago as ye squadron 2 months since did, who had layn
there expecting them, having been parted by storm wth. the
loss of some of them. (Antigua, April 17.) By a sloop from
Nevis we understand the French left it the 10th in-f.. flu- first
squadron being 50 sail wth. ye vessels taken at Nevis went (as
believed) with ye men of warr to Petit Guavas, being seen t..
stand to leeward, the other squadron went to windward wth.
one man of warr, being about 30 saile more wth. the prises
(supposed) to Martinico. The French report they lost 400 men,
mostly destroyed by the negroes, and not above 20 English
killed. M. Ducass arrived at Martinico (April) with 12 or 14
men of war and was expected to attack Montserat and Antigua,
and after that to unite fleets to Leeward and attack Jamaica
with 30 ships of war and 10,000 landmen. (Jamaica, May 13.)
We have had an embargo and for 8 days past Martial Law on
apprehension of a French squadron reported off Barbados.
These troubles have spoyled our business with the Spaniards,
and little silver has been imported. Our Admiral is returned
from St. Martha, with intelligence that the galleons and flota
were arrived at Cartagena. Signed, E. Dummer. Addressed.
2| pp. [C.O. 152, 39. No. 111.]
June 24. 386. Mr. Dummer to Mr. Popple. Reports Antegoa packet
London, as preceding, and gives account of the French designs and descent.
Signed, E. Dummer. Endorsed, Reed. Read June 26, 1706.
2 pp. Enclosed,
386. i. Printed advertisement of West India packet sailings
as Oct. 15, 1705, brought up to date. 2 pp. [C.O. 323*
6. Nos. 11, ll.i.]
June 25. 387. Sir John Stanley to Mr. Popple. Encloses following
to be laid before the Council of Trade and Plantations. Signed,
J. Stanley. Endorsed, Rccd. Read July 1, 1706. 1 p.
Enclosed,
387. i. Governor Sir B. Grnnville to Sir J. Stanley. Barbados,
April 7, 1706. We are so busy in preparing to receive
ye French, that I am not able to get together ye papers
yt. I am directed by Orders of Councill to send over
in relation to Mr. Chilton and Islington. They shall
come by ye next, wth. a full answer. Copy. | p.
[C.O. 28, 9. Nos. 47, 47.i. ; and 29, 10. pp. 76, 77.]
June 26. 388. Mr. Popple to Mr. Attorney General. Presses for
Whitehall, opinion on Act of Jamaica [see April 15]. [C.O. 138, 11. p. 483.]
June 26. 389. Order of Queen in Council. Refer following to the
St. JanWs. Council of Trade and Plantations. Signed, John Povey.
Endorsed, Reed. Read July 2, 1706. 1 p. Enclosed,
164 COLONIAL PAPERS.
1706.
389. i. Merchants of Bristol to the Queen. By an Act of
Jamaica, Aug. 1705, a duty of 2s. 6d. a dozen was laid
upon bottled beer and cider, which amounts in effect
to prohibition and is a great discouragement to trade
and navigation, a lessening of the malt duty, a loss to
the severall tradesmen imploy'd therein, and tends to
lessening the value of the lands of England by hindering
the consumption of barley. Pray that the duty on
bottled beer etc. may be no greater than if it were
imported in cask (4s. a tun). Copy. 1 p.
389. ii. Reasons for discontinuing the above tax. Copy.
1% pp. [C.O. 137, 7. Nos. 26, 26.i., ii. ; and 138,11.
pp. 485-489.]
June 26. 390. Sir H. Ashhurst to W. Popple. Commissioners of
Review proposed by Sir H. Ashhurst and W. Wharton [see June 10].
Signed, Hen. Ashhurst. Endorsed, Reed. June 26, 1706. 2 pp.
[C.O. 5, 1263. Nos. 116, 116.L]
June 26. 391. Council of Trade and Plantations to the Queen. Propose
Whitehall, as Commissioners of Review (see June 10), as New York is nearest
the land in question, and they no ways interested in this
controversy, 11 of the Council, 5 with Lord Cornbury to be a
quorum ; and that the said Commission be passed gratis here,
and that it be signified to the Commissioners that the Mohegans
be not put to any expence whatsoever upon this occasion. [C.O.
5, 1291. pp. 411-413.]
June 26. 392. Order of Queen in Council. Approving preceding,
St. James's. an( j ordering accordingly. Signed, John Povey. Endorsed,
Reed. Read July 5, 1706. 1 p. Set out, N. Y. Docs. IV. p 1178.
[C.O. 5, 1263. No. 119; and 5, 1291. p. 416; and 5, 1049.
No. 16 ; and 5, 1120. pp. 470-472.]
June 26. 393. Order of Queen in Council. Upon Attorney and
St. James's. Solicitor Generals' report as to the Bahama Islands, presuming
that the House of Peers are the best Judges of their own privileges,
H.M. with the advice of her Privy Council doth not think fit
to give any further directions therein at present. Signed, John
Povey. Endorsed, Reed. Read July 5, 1706. f p. [C.O. 5,
1263. No. 120 ; and 5, 1291. p. 417.]
June 26. 394. Order of Queen in Council. Repealing 3 Acts of Barbados,
St. James's. as proposed June 7. Signed, John Povey. Endorsed, Reed.
Read July 10, 1706. 2J pp. [C.O. 28, 9. No. 49 ; and 29,
10. pp. 81-83; and 319, 1. pp. 68, 69.]
June 26. 395. Order of Queen in Council. Ratifying 9 Acts of
St. James's. Barbados as recommended June 7. Signed and endorsed as
preceding. 2| pp. [C.O. 28, 9. No. 48 ; and 29, 10. pp. 77-
80.]
AMERICA AND WEST INMi.s
1706.
June 26. 396. Order of Queen in Council. The matter of the Bahama
St. James's. Islands is to be layd before H.M. for the taking care of the
Islands at such time as H.M. other affaire shall j* m it according
to the Representation of May 24, 1706. Signed, John Povey.
Endorsed, July 5, 1706. 1 p. [C.O. 5, 1263. No. 118; and
5, 1291. p. 415 ; and 23, 12. No. 69.]
June 28. 397. Mr. Sec. Hedges to Governor Seymour. Encloses
Whitehall, further accounts of the Duke of Marlborough's succe - in the
Netherlands and the King of Spain's in Catalonia, etc. Signed,
C. Hedges. Similar letters to Governors Dudley, Nott and
Lord Cornbury. [C.O. 324, 30. pp. 93, 94.]
June 28. 398. Same to Governor Parke. Begins as preceding. We have
Whitehall, received the unwellcome news of what has befallen Nevis
and St. Christophers, but have reason to hope you need be under
no apprehension of hearing any more from the French this summer.
H.M. is very much concerned for the sufferings of her subjects
in those parts, and has been graciously pleased to take into
her consideration the doing of what may be necessary for their
immediate relief and future security, which you may take occasion
to lett them know, and in the mean time it is expected that you
do exert all your credit to help these miserable people to
subsistence, and to support and assist them as much as possible
till H.M. supplies arrive there. Signed, C. Hedges. Similar
letters to the Governors of Barbadoes and Jamaica. [C.O. 324, 30.
pp. 93-95.]
June 28. 399. Same to Council of Trade and Plantations. Encloses ex-
Whitehall. tract of letter [see March 8] relating to the settling of Irish Papists
in Maryland. You will please to let me know how the Law
stands in that particular, and what you can propose as a remedy
to that growing mischief, that I may lay it before H.M. Signed,
C. Hedges. Endorsed, Reed. June 29, Read July 1, 1706. 1 p.
Enclosed,
399. i. Extract of letter from Governor Seymour, March 8.
[C.O. 5, 716. Nos. 15, 15.i. ; and (without enclosure)
5, 726. pp. 389, 390.]
[June 28.] 400. List of Laws past by the General Assembly of
Pennsylvania, 1705. Endorsed, Reed, from Mr. Penn, June 28,
1706. 3| pp. [C.O. 5, 1263. No. 117.]
June 28. 401. W. Popple, jr., to Wm. Penn. According to your
Whitehall, request, I inclose following, which their Lordship* di-Miv you
will forward by the first conveyance. [C.O. 5, 1291. p. 413.]
June 28. 402. Council of Trade and Plantations to Lt. Governor
Whitehall. Evans. Acknowledge letter of Jan. 19. We have sent the Acts
referred to to Mr. Attorney General, and so soon as we receive his
opinion, we shall write to you at large thereupon. We shall
expect the Laws you say the Assembly have past. You wou'd
166
COLONIAL PAPERS.
1706.
June 30.
Windsor.
June 30.
Windsor.
July 1.
Barbados.
July 1.
Barbados.
have done wel, in the mean time, to have sent us a list thereof.
However, Mr. Penn having communicated to us such a list, we
cannot omit this opportunity of expressing our satisfaction of
your conduct in prevailing with the Assembly to pass the Act
for the support of the Government, which was so necessary. We
desire you will upon this and all occasions give suitable encourage-
ment to those who have and shal appear most ready in H.M.
service, and in raising the necessary supplies for the support
of the Government, and who shal contribute most to the quiet
and safety of the Province. [C.O. 5, 1291. pp. 414, 415.]
403. Mr. Secretary Hedges to Governor Sir B. Granville.
I have just received an account from My Lord Ambassador
Methuen, that the Portuguese army was marching to Madrid, etc.
We expect his next will bring the news that King Charles III is
proclaimed there. Signed, C. Hedges. [(7.0. 324, 30. pp. 95,
96.]
404. Same to Governor Handasyd. Sends above news
at greater length by flying pacquet to overtake the maile, not
doubting but you will make the best use of it to encourage the
Spanyards in the West Indies to take the same part, and not to
trust their estates or the Galeons in the hands of the French.
[(7.0. 324, 30. pp. 96, 97.]
405. Governor Sir B. Granville to the Council of Trade
and Plantations. Acknowledges letter of April 26. All things
being quiet here, and no news of any motion of the French, I
have nothing to lay before your Lordships at this time but the
overtures have bin made to me by the Charibbes on St. Vincents
to sub mitt themselves to the Queen and shake off their dependance
on the French. I have given encouragement to it, and hope it
may prove of advantage : it is a matter but now began, as I see
farther into it I shall be enabled to speak more particularly of
it to your Lordships. Encloses Act to Supply the want of cash
and to establish a method of credit etc. Signed, Bevill Granville.
Endorsed, Reed. 14th, Read 17th Sept., 1706. Holograph. 2 pp.
[C.O. 28, 9. No. 51 ; and 29, 10. pp. 90, 91.]
406. Same to Mr. Sec. Hedges. Acknowledges letters of
May 9, 16, and April 20. I will endeavour to spread the account
of the glorious successe of H.M. armes so as it may reach the
Spaniards, tho' that is not so certain from hence as from Jamaica,
there being no direct communication with them from this Island.
Repeats part of preceding. I have hearken'd to the Charibbes
[above], and intend to try them on this occasion, they going
frequently amongst the Spaniards. It appears to me probable
that from it a way may be settled both of dispersing news amongst
the Spaniards, and establishing a trade and correspondence
with them etc. Tho' my accounts of the French desighns in these
parts ran higher then what they have since attempted, they
were confirm 'd to me from so many parts that I was obliged
A.MKIIICA AND WEST INDIES.
167
170U.
to lay them before you etc. In generall all still agree that the
losse sustain'd [on St. Kitts and Nevis] wa through the great
misbehaviour of the inhabitants etc. Signed, Bevill Granville
Holograph. 4 pp. [C.O. 28, 38. No. 49.]
July 2. 407. Council of Trade and Plantations to Mr. Sec Hedges
Whitehall. Enclose following to be laid before H.M. Autograph signatures
1 p. Endorsed, R. 2. Enclosed,
407. i. Extract of letter from Gov. Seymour (March 8) relating
to convoys and the want of a small man of war etc. 1 i pp.
[C.O. 5, 721. Nos. 6, 6.i. ; and 5, 726. pp. 390, 391.]
July 2. 408. W. Popple, jr., to Anthony Burnaby, Sec. to the
Whitehall. Commissioners of Prizes. Encloses extract of letter from Gov.
Seymour, March 8, and proceedings relating to prizes mentioned
therein. [C.O. 5, 726. pp. 391, 392.]
July 2. 409. Council of Trade and Plantations to the Board of
Whitehall. Ordnance. Enclose extract of Gov. Seymour's letter, March 8,
relating to stores of war. [C.O. 5, 726. p. 392.]
July 2. 410. W. Popple, jr., to Sir Simon Harcourt, Solicitor General.
Whitehall. Encloses extract of letter from Gov. Seymour, March 8, relating
to Irish Papists. The Council of Trade and Plantations desire
you would consider the Act therein referr'd to, and to let them
nave your opinion what may be done, either by the said Act,
or any Law of England, to prevent the growth of Popery in that
Province. [C.O. 5, 726. p. 393.]
July 2. 41 1 . Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. Enclose letters from Governors relating to the spoils
committed by the French in the Leeward Islands, etc. Autograph
signatures. Endorsed, R. July 2. 1 p. [C.O. 318, 3. No. 30;
and 138, 11. p. 484.]
[July 2.] 412. Extracts from letters of Governor Handasyd, Jan. 14,
Feb. 16 (see preceding). 2$ pp. [C.O. 137, 45. Nos. 73, 73.i.]
41 3. Commandant Becckman to the Directors of the Dutch
West India Company. Dutch. 2$ pp. [C.O. 116, 20. No. 5.]
[July 4.] 414. Richard Butler and others to the Council of Trade and
Plantations. Answers to objections that may be made to their
proposal of June 10. Endorsed, Reed. Read July 4, 1706. 2}
large pp. [C.O. 323, 6. No. 12.]
July 4. 415. Bishop of London to the Council of Trade and Planta-
tions. I thought it my duty to impart ye inclosed as a new
instance of Mr. Pence insolence, at least as I conceive it : for
it seems to controle H.M. former directions and to tell us no man
shall take an oath where he governs. I presume ye next fit of
conscience will be not to allow ye sight or conversation of any
COLONIAL PAPERS.
1706.
man upon their holy ground, that can take an oath or has already
defiled himself with it. I beg you would let it be layed by.
Signed, H. London. Endorsed, Reed. 5th, Read 8th July, 1706.
Addressed. \ p. Enclosed,
415. i. Minister and Vestry of St. Paul's Church, Chester,
Pa., to the Bishop of London. Chester, March 25, 1706.
The Quakers have made enclosed Law, and raised
money on us as well as themselves towards making
interest to get it improved. There are persons in all
Counties that will administer an oath, if authorized,
and therefore no danger of that failure of justice as is
insinuated in that Law ; the true reason of it is, that when
they can administer an affirmation to persons of ye Church
of England and qualify them for evidences after that
manner, then they'l have no occation of an oath to be
administred in any case, and so ingross the whole
Government to themselves. Several of them begin now to
scruple sitting on the bench, when an oath is administred,
and have put a clause in the Act that it shall be the
act of that magistrate who administers it, and not the
act of the Court, but we would observe that some of
the most reputable among them have sett on the bench,
and continues so to do, when an oath is administred,
even those who takes upon them to write and put out
books in behalf of the rest, so that we fear it is not so
much conscience as design in them to have the Govern-
ment in their own hands and frustrate us of the security
which H.M. by her Order was pleased to afford us etc.
Signed, Hen. Nicols, Minister, Jas. Yeates, Jer. Collett,
Tho. Powell, Henry Hollingsworth, Henry Peirce,
Edward Jenings, John Wade, Jos. Worrall, Jos. Baker,
Edw. Danger, Samuel Bysshop, James Sandelandes,
William Da vies. 2 pp.
415. ii. Copy of Act of Pennsylvania, directing the qualifications
of officers etc. [See June 17.] 3 pp. [C.O. 5, 1263.
Nos. 121, 121.L, ii.]
July 4. 416. Council of Trade and Plantations. Propose Capt.
Whitehall. Brooks, Capt. Jenour and Col. Trimingham to be of the Council
of Bermuda. [See March 11.] [C.O. 38, 6. pp. 199, 200.]
July 4. 417. Mr. Sec. Hedges to Governor Parke. I send this in
Whitehall, hopes it may overtake the West India Pacquet Boat before she
goes off, to acquaint you with the good news we received
yesterday by an express from Sir Stafford Fairborne
who commands the squadron of H.M. ships before Ostende
of the surrender of that place. The officers that came
from thence say there was advice of King Charles III
arrivall at Madrid, that place having declared for him, so that
we have no reason to doubt but in a very short time all Spain
will have followed that example, and we hope the Spaniards
in the West Indies will not be backward to do the same, and to
AMERICA AND WEST INDIES.
ITlMi.
July 4.
Whitehall.
July 5.
Crutched
Fryers.
show their loyalty to their naturall Sovoraign and throw off the
yoke of a Forreign Tyranny Five Fr, n I. ships laden with
provisions and bound to Martinico, having lately !><< -n lurkilv
taken by two of HJi ships and brought int., hvlan.l. II M ,.;,'i
of her great concern for her poor distress! -ul,j ts at Nevis
and St. Christophers, has been graciously pleased to order tin-
said ships and provisions with such an addition out of her ..u M
stores as will fully lade those ships to be immediately >ent thither
for their present relief, and is taking measures for their further
support and assistance with all expedition. You are to give
a receipt of all the provisions and stores that are delivered to
you out of the said ships, and to take the best care you can to
distribute and dispose thereof to those most in necessity, and
in proportion to their occasions in the doing of which you are
to take the advice and assistance of the Councill. You are also
to take vouchers from the persons that receive them, whereby to
discharge yourself, and to send me an exact and particular
account of what you shall do therein. Signed, C. Hedges.
The first paragraph of the foregoing letter signed by Mr. Secretary
and sent to the following Governors, viz., Lord Cornbury,
Col. Dudley, Col. Nott, Col. Seymour, Sir B. Granville, Col.
Handasyde. [C.O. 324, 30. pp. 97, 98.]
418. Council of Trade and Plantations to the Queen. In
obedience to your Majesty's Order June 26, we have considered
the Act of Jamaica for raising an additional duty and import, etc.
and find that by reason the revenue of that Island was from
several extraordinary occasions reduced very low, the Assembly
agreed to the passing of this Act, which is to continue for one
year, and will therefore expire Aug. 15, 1706. But whereas
the duty on bottled beer, etc. is 2s. 6rf. per doz., which amounts
to 10Z. per tun, tho' at the same time beer in cask pays but 4.
per tun, which disproportion we think very unreasonable, and
therefore offer that the petition of the merchants, with their
reasons for lowering the said duties, be sent to Governor ilandasyd,
with directions that he acquaint the Assembly in case of their
passing a like Act, with the unreasonableness of the said duty,
and that the duty of 6d. per doz. may suffice on this occasion,
which is ten times more than the duty on beer in cask. [C.O.
138, 11. pp. 489-491 ; and 138, 12. pp. 7-9.]
419. Mr. Merrett to Mr. Sec. Hedges. Encloses following,
" that your Honour may see how unkind and base those people
have been who may justly be censured to have stifled the It
Major Lloyd sent to your Honour and others, as their pin
of accusation against Lloyd which came in the said shipp have
been by them preserved. I therefore pray your Honour not
to think amisse of Mr. Lloyd till you shall have an impart in II
acct. from thence. And as the inhabitants have presumed to
addresse H.M., altho' it's a homely one, from poore ffishermen,
yet I pray your Honour to lett H.M. be informed of the zeale
of her poore ffishing subjects in Newfoundland, which will be a
170
COLONIAL PAPERS.
1706.
great incouridgement to them, who have sustained such great
losses there this warr. And as (Blessed be God) there is so great
appearance of an open trade with Spaine by the glorious successe
of H.M. armes, I further presume to offer that when a Treaty of
Commerce shall be settled with King Charles III, notice may
be taken of the great losses of us who have been concerned in this
ffishery, that if possible wee may have a trade with ffish, or
at least that a certaine number of shipps may proceed yearely
from Newfoundland to the West Indies, the Dominions of Spaine,
of which I have more to offerr. Signed, Solomon Merrett.
Endorsed, R. Jul. 6, '06. Addressed. 1 p. Enclosed,
419. i. Major Lloyd to Mr. Merrett. St. Johns. The
Inhabitants having desired me to send the enclosed to
England, I pray your care of the same. I have had
severall of the spyes I sent to Placentia returned,
they have palasado'd the lower Fort double, and the
upper Fort single this fall, and are still very busye at
worke. I have nothing now to add, hopeing my last
will reach your hands, not questioning but you will under-
stand the meaning of it. The villanies of Mr. Moody,
the Parson, and the late souldrs. doth all now come
out. Next spring I shall be able to give you a better
account of all the affaires of Newfoundland than ever.
I now dispaire of what you know, but had I knowne
I should have been served so, I am sure I would never
have desired to returne to this country, and if ever it
is done on such easye termes as I proposed againe,
I am mistaken, but I could have effected it this winter
as things are. The inhabitants and I are all one, and
as ready to do anything for the service that I aske as
I can be to aske them. Signed, Tho. Lloyd. Copy.
| p. [C.O. 194, 22. Nos. 67, 67.i.]
July 8. 420. Lt. Governor Johnson to Mr. Sec. Hedges. Acknow-
Antigua. ledges letters of April and May. The extraordinary good newes
they bring was extreamly wellcome and little less than necessary
to support the drooping spirites of H.M. subjects here ; and
to mortify the insolence of our neighbours, whose success this
summer has almost made them believe their King is master of
the world and the other Princes of Europe despairing to preserve
their Dominions or their freedome. Col. Parke, who is expected
here every moment, will, noe doubt, dispense these accounts
so that they may reach the Spaniards etc. Where the French
are now, or what they have beene doing these three months since
they went to Leeward, wee are yet to learne ; but Capt. Kerr
comes much too late to prevent any mischiefe ; and had he
come sooner, these poore Islands wou'd not have beene in a
condition to have spar'd any men etc. Signed, Jon. Johnson.
1 p. [C.O. 152, 42. No. 3.]
July 8. 421 . Council of Trade and Plantations to Governor Lord
Whitehall. Cornbury. Give instructions as to the Commission of Review
AMERICA AND WEST IM-i 171
1706.
for the complaint* of the Mohegan Indians as June 26. Enclose
copy of Col. Dudley's proceedings upon the first Commission
etc. Set out, N. Y. Docs. IV. p. 1179. [C.O. 5, 1120. pp. 468,
I
July 9. 422. Attorney General to the Council of Trade and Planta-
tions. I have considered the following Act of Pennsylvania
[see June 19], and in regard, as is stated, ye greatest part of ye
inhabitants are Quakers, the Proprietor also being a Quaker, and
Quakers by the Laws there may have judicial places, I do not see
but this Law, which is made with the spirit of ye Quakers, may
be allow'd them : as to ye affirmations in lieu of oaths and the
method of administring them, the Law in England allowing
affirmation by Quakers instead of oaths doth not extend to the
Plantations, they not being named in ye Act, and then-fore a
Law may properly be made in Pensylvania to allow such affirma-
tion. By ye English Act, ye Affirmation is not to be allowed
in criminaU cases, but is allowed by thifa] in Pensylvania, for
wch. there may be some reason, because ye greatest part of the
inhabitants are Quakers, and provision is made for punishing
falsitys on affirmations as would be on oaths, and persons that
are willing to take oaths, may take them, if there be any Magistrate
present who doth not scruple to administer an oath, wch. may be
easily stipulated for with the Proprietor that such shall always
be provided. By this Law a deposition in writing taken
in any matter or cause of a person sick or going out of yt. Province
is allow'd to be evidence, wch. I think is too hard in criminal
cases. I have no other objections against this Act. Signed,
Edw. Northey. Endorsed, Reed. Read July 10, 1706. 2 pp.
Enclosed,
422. i. Copy of Act of Pennsylvania directing the qualifications
of officers etc. 10J pp. [C.O. 5, 1263. Nos. 122, 122.i. ;
and (without enclosure) 5, 1291. pp. 418, 419.]
July 9. 423. Attorney General to the Council of Trade and Planta-
tions. I do not find any Law that prohibits the exportation
of wool-cards [see April 3], but on the contrary there is in the
book of rates a Custom mentioned to be paid for wool exported
etc. Signed, Edw. Northey. Endorsed, Reed. Read July 11,
1706. Written on back of copy of Mr. Bridger's letter, March 25.
H PP- [C.O. 5, 864. Nos. 67, 67.i. ; and 5, 912. p. 178.]
July 9. 424. Lt. Governor Bennett to Mr. Popple. A vessell
Bermuda, touching here from Nevis gives me this oppertunity of enclosing
copys of June 25 etc. I conclude it needless to trouble you with
a relation of the unhappy condition of Nevis, because one Col.
Danl. Smith is already gone home in the packet boat from thence
with all particulars, and in this vessell goes one Mr. Penny of
H.M. Councill there and Treasurer of the Island. The last letter
I reed, from their Lordps. was dated Oct. 29 ; I doe all I can
to keep the people in quiet, by telling them I daily expect orders,
but there's a general dissatisfaction (as in my former Letters),
172 COLONIAL PAPERS.
1706.
noe Courts in Law or Equity having been held above these
15 months. I have endeavoured what I can to persuade the
Council and Judges to sitt and doe businesse, but all to no purpose,
they still entreating to be excused, till the success of the Council's
sentiments and Judges' Remonstrance be known etc. [see April 4,
1705]. Should I [have] suspended the Councill, and turn'd out
the Judges, we should then have been almost without the show
of governmt., for I could not have found persons anyway
qualifyed to supplye[d] their places, people are soe generally averst
to him [ Jones], and would not act if he was Clark : I have also
continuall complaints of the liberty he gives his prisoners, and
sending any one of the male-contents to jayl is become a jest,
and is said to be goeing home, for Capt. Nelson, who is in on an
Execution and on a Bill of Indictmt., which has been found agt.
him by the Grand Jury, for vilifying me and the Council, has
the door continually open from morning to night, and trades
and keeps a shop there, and people goes as naturally to buy goods
as to other places ; and Dr. Starr, who was committed att the
Quarter Sessions and bound over to answer his contempts and
affronts to Govermt. att the next Assizes, has the priviledge
to lodge att home, and walk where he pleases, not thinking it
worth his while to shun me, for I see him sometimes more than
twice in a day. I could mention many other unreasonable liberties
Capt. Jones allows to people who are known enemys and
disturbers of the govermt., of all which I have repeatedly told
him, but to noe purpose, and the last time I spoak to him abt.
it, I told him I would complain. I hear he has exhibited Articles
agt. me, but I depend on their Lordps.' accustomed justice, in
giveing me the opportunity of answering them before credited,
etc. Signed, B. Bennett, P.S. As I was making up my letters,
a sloop arrived from Barbados, the Mr. of which reports that
he came out with the Fleet on June 24, part whereof consisting
of abt. 40 sail of mercht. men under convoy of two men of war
were bound for England. Endorsed, Reed. 5th, Read 6th Aug.,
1706. Holograph. 3| pp. Enclosed,
424. i. Account of the Stores of War in the Magazines in
Bermuda when Col. Bennett arrived there. Duplicate
of C.S.P. 1701. No. 456.ii. Signed, B. Bennett.
Endorsed, Reed. Aug. 5, 1706. 1 p.
424. ii. Account of same July 9, 1706. Same signature and
endorsement. 1 p.
424. iii. Proceedings of a Court of Admiralty, Bermuda,
Jan. 11, 12, 14, 170f. Condemnation and appraisement
of the French ship, Alexander, taken by the Bermuda
privateer, Dolphin, Capt. John Evans, Dec. 29, 1705.
Signed and endorsed as preceding. 9 pp. [C.O. 37, 7.
Nos. 30, 30.i.-iii. ; and (without enclosures) 38, 6. pp.
200-203.]
July 9. 425. Governor Parke to the Council of Trade and Planta-
Barbados, tions. My last was from the Madera ; our Fleet arrived there
Aug. 4, Captain Kerr the Comr. having brought us so farr out
AMERICA AND WEST INDIES. 173
1706.
of our way much against my will. I metthero wth. the ill news
that Nevis and St. Christophers had been both taken and
plundered by the French. I suppose long since you have had
the acct. of it from Col. Johnson, who, I hear, was not at Nevis
nor any other of the officers of the regiment, except one. The
Comr. has promised wee shall sayl to-morrow, and as soon as
I come uppon the place, shall send you as perticular an account
of this misfortune as I can possibly gett, and there shall be nothing
wanting in me to resettle the Islands ; I have desired some gunns
and powder and shott of Sir B. Grand vill ; I have no promise
of any as yett ; your Lorpps. well knows how many Memorial!.
1 have deliver'd to gett troops and stores, but had not the good
fortune to gett eighther nor so much as an opertunity of getting
to my Government till by this Fleet. I had vour letter here
by this boat, wth. the glorious news ; I thank your Lorpps.
for putting me in mind of my duty, to caus a day of Thanks-
giving, but had I received no such orders, my own inclination-
would have made me do a duty so very agreable to me. Signed,
Daniell Parke. Endorsed, Reed. 14th, Read 17th Sept., 1706*
2pp. [C.O. 152, 6. No. 60; and 153, 9. pp. 390, 391.]
July 9. 426. Attorney General to the Council of Trade and Planta-
Jamaica. tions. I have considered of an Act of Jamaica, to provide an
additional svbsistanee for H.M. officers and souldiers, etc. The
parts of it which relate to quartering and subsisting H.M. forces
are temporary, and are to expire on Nov. 2 next, but other parts,
which I apprehend intrench on H.M. Royal Prerogative, are
perpetual. As to ye provisions for subsisting the soldiers by
deficiencys, I am not able to judge whether it be a sufficient
provision or not, and being onely temporary, if the same be
found by ye Officers of H.M. forces to be insufficient, it
may be rectified when another Bill shall pass ; however, the
clause in ye Act that no person shall have any share of ye
money to be raised by that Act, that marryes any inhabitant
of that Island, is unkind. And as to the other part[] of ye Act
which are perpetual, vizt. the clause yt. disables any officer or
soldier (the Governour excepted) to use, exercise or enjoy any
civil Commission, power, place or authority, or in the Militia in
that Island, and the clause yt. lays a penalty on all persons not
being native-born subjects of England, Ireland or the Plantations
in America, that shall use, exercise or enjoy any Commission,
civil or military (except in H.M. forces in yt. Island under her
pay) I am of opinion they are both against H.M. prerogative,
and ye latter carries the disability further than what is done by
the Act of 7 Wm., which is restrained to the Court of Law and
ye Treasury, and that matter is not concerned in ye title of ye
Act, and therefore, that this Act is not fit to be confirmed.
Signed, Edw. Northey. Endorsed, Reed. Read July 11, 1706.
2 pp. [C.O. 137, 7. No. 27 ; and 138, 12. pp. 1-3.]
July 10. 427. Governor Sir B. Granville to the Council of Trade and
Barbados, Plantations. Acknouiedges letters of May 30, 31. Commadore
174
COLONIAL PAPERS.
1706.
July 10.
Barbados.
July 12.
Whitehall.
July 12.
Councill-
Chamber,
Whitehall.
July 15.
Antegua.
Kerr with his squadron and trade arrived here the 4th inst.,
and General Park. Commadore Kerr sails to-morrow for Nevis,
having bin here under an ill state of health. The French have
some time since gone to Leeward, it is reported that they have
desighns on Jamaica and Curassao. The alarum of the French
has given me room to improve the dead defence of this Island,
that is getting the fortifications into a better condition then ever
they were, much is wanting yet to perfect them, and at last
they must be weak, unlesse there be men to support them, the
Island is thin of people in proportion of what it has bin formerly.
A scheme is preparing of the works began, and what intended,
wch. shall very suddenly be laid before your Lordships. The
fleet for England under convoy of the Weymouth sail'd hence
June 23, and the last pacquet boat the 1st. Signed, Bevill
Granville. Endorsed, Reed. 14th, Read 17th Sept., 1706.
Holograph. 3 pp. [C.O. 28, 9. No. 52 ; and 29, 10. pp. 92,
93.]
428. Same to [? Mr. Sec. Hedges]. Acknowledges letters
of April 20, May 30, and repeats part of preceding. Signed, Bevill
Granville. Endorsed, R. 16 [? Sept.] Holograph. 3 pp. [C.O.
28, 38. No. 50.]
429. Mr. Sec. Hedges to the Council of Trade and Planta-
tions. Encloses extract about the Indians from Gov. Dudley's
letter, April 23. I desire your opinion of the service he mentions.
The expression of the Indians being fled over to the French
seems to imply that they have been driven to it, for he takes no
notice whether they had taken part with them or not. Signed,
C. Hedges. Endorsed, Reed. Read July 15, 1706. 1 p.
Enclosed,
429. i. Extract from Gov. Dudley's letter, April 23. p.
[C.O. 5, 864. Nos. 70, 71 ; and 5, 912. pp. 183, 184.]
430. Order of Committee of Council for hearing Appeals.
In the Commission of Review of the Mohegan case, a clause is
to be inserted that no Commissioners are to act who have any
interest in ye lands in difference. Signed, John Povey.
Endorsed, Reed. Read Feb. 12, 170f. f p. [C.O. 5, 1263. No.
133 ; and 5, 1291. p. 443.]
431. Governor Parke to the Council of Trade and Planta-
tions. I did myselfe the honour to write to yr. Lordships at
Barbados per this packett, but being permitted to sayl heither
in the Sheerness before the Fleet, I arrived here yesterday morning,
and have just time to acquaint yr. Lordships that as soon as
my Commission was read, and I had taken the oaths and sworn
the Council, I order 'd in Council a Proclamation for a Publick
Thanksgiving etc., being very glad to have an opertunity of makeing
the Island to rejoyce to be the first act of my Government. I
am not able to give any account of the Island, being but just come
on shore, etc. I think to goe to Neviss and so to St. Kitts. I
AMERICA AND WEST INDIES. 176
1706.
design 1<> take wth. me sonic of llic Council, and then to inform
myselfe on the place of the present cyrcom-ta m -s of those Islands,
and how they r.,me to be so cowardly lo~t. I must ii :
Lordships to lay before the Queen and Council the distressed
condition of all these Islands at present, in order t<> 'I'p'v
of men, gunns and other stores. I can't send a l>etter s[r/<)edulc
of what is wanted than that I gave in toyr. Lord*!
to every article ; Col. Johnson being Lt.-dov. of \evi-. and I
C. in C. in my absence, he took care to have the most and l>est
gunns and stores there (if I am rightly informed), wch. are now
all distroyed, so that one frigot must be kept there to protect
the Harbour from the Privateers, but what we shall do if Capt.
Kerr takes with him the Sheerness I know not. Refers to
enclosures. I have sent her to Neviss, whither Capt. Kerr is
goeing ; Capt. Bloyce, Comr. of the Sheerness, is a very good
officer, he is very deligent and desirous to do us all the good
he can, and such a man wee want at this time. I am perswaded
that if the Queen would spare us 5,000 men, wee might take
Martineco and put an end to these insults, by wch. means wee
should ingross the sugar trade for course sugar ; wch. would
be of great advantage to the English Nation ; and this might
be don wth. little charge, for after the campaigns in Europe
are over a squadron of ships might embark 5 or 6,000 men with
2 morters (battering gunns wee could have from the shipps)
and I could joyn from these Islands near 1,000 good men, and
both ships and troops might be wth. you in Apll., time enough
to take the field : the troopes nor ships will not be much the worse
for being 2 or 3 months in a fine weather country ; if yr. Lordships
thinks well of it to make such a proposall perhapps, now the
Queen has humbled the French in Europe, she might also thinke
of doeing of it here. Signed, Daniel Parke. Endorsed, Reed.
14th, Read 17th Sept., 1706. 4 pp. Enclosed,
431. i. Governor Parke to Capt. Kerr. Antigua, July 15,
1706. Encloses fottoiving. Since the Council mett.
I have an acct. that there are several privateers about
Nevis, which have taken two vessels belonging to this
Island. I have ordered Capt. Bloys to Nevis. I doubt
not but you will agree both with the Council and myself
that it is undoubtedly for the Queen's service for the
Sheerness to attend the service of these Islands etc.
Signed, D. Parke. Endorsed, Reed. Sept, 14, 1706.
Copy. 1$ pp.
431. ii. Minutes of Council of Antigua, St. Johnston, Sunday,
July 14, 1706. H.E. communicated H.R.H. orders
to Capt. Bloyes, H.M.S. Sheerness, to attend the
Leeward Islands with the Sheerness and Swan and to
follow such orders as he should receive from the
Governor etc., also an Order from Capt. Kerr, H.M.S.
Bredah, Commr. of the Jamaica Convoy, dated
Barbados, Carlile Bay, July 9, to Capt. Bloyes desiring
him to join his squadron at Nevis, in order to g<>
Jamaica and returne again when the expedition is
176 COLONIAL PAPERS.
1706.
over. The Council advised that the Sheerness should
continue in these Islands, which are continually alarm'd
and insulted, and protect trade, which is wholely
discouraged and almost irretrieveably ruined by the
enemy's numerous privateers, and therefore 'tis plain
that Commadore Kerr without some reasonable prospect
of greater service ought not, in pursuance even of his
last Instructions from H.R.H., to leave these Islands
destitute of such a guard for so long a time. It is now
upwards of 3 moneths since the French fleet sayled
from Nevis, 'tis uncertain whether they have made
any attempt upon Jamaica or not, but if they have,
that expedition must have been over more than 6 weeks,
since 'tis plain by their conduct at Nevis and St. Kitts,
as well as by their confession, M. Ibervile's business
was to burne and plunder, not to make conquests or
settlements. Wee are very well advised from Martinico,
the enemy was under apprehensions a very considerable
English Fleet under a Rear Admirall, which was the
chief reason of their quiting Nevis soe hastily, and will
continue a powerful motive to use the greater dispatches
in any future attempts they have been engaged in.
Soe that we believe 'twill not be possible for Commodore
Kerr to reach the enemy anywhere in America, and if
it were, 'twould not perhaps be prudent to aim at it,
since if our acct. of ye enemy's strength be true, he
will by noe meanes be a match for them, even after a
conjunction with Admirall Whetson. Signed by the
Council. Copy. 1 pp. [C.O. 152, 6. Nos. 61,
61.i.,ii. ; and 152, 42. Nos. 4, 4.i., ii. ; and (without
enclosures) 153, 9. pp. 392-396.]
July 15. 432. Governor Parke to Mr. Sec. Hedges. Repeats parts
Antegua. o f preceding, and demands for men, guns, and stores. After
troubling of you a whole year, I was not able to obtain any one
thing save vanity enough to thinke that had I been sent as I
so often desired with but one Regiment and some gunns and
stores, these Islands had not been thus plundered etc. The
French privateers swarm about these Islands, and of the two
small frigotts that are now come to protect us, the best, the
Sheerness, Capt. Kerr designs to take with him, if he does, wee
must all starve, for these Islands are supplyed from Ireland
and the Continent, and if wee have no vessell to protect their
vessells, they will not come to us. The Swan that remains is a
small 6th rate, and a heavy saylor of no use here, etc. Signed,
Daniel Parke. P.S. Just as I had finished this, I have an acct.
brought me yt. a poor Irishman from Bellfast being attack't
in sight of this Island, by an open sloop with 50 men, not onely
gott clear, but has killed and wounded near 40 of them, and has
brought her in. The poor man had but 9 men and 6 boyes ;
they betook themselves to their close quarters, and so saved
themselves. This very man has been taken this warr three times.
AMERICA AND WEST INDIES.
177
1706.
July 15.
Whitehall.
July 15.
Whitehall.
July 15.
Windsor.
July 15.
Windsor.
July 17.
Whitehall.
July 17.
Whitehall.
These prisoners will give me an opertunity to send a flag of trace
to Martineco and send them the good news you sent me, pleaa
God they shall have it this week, to help to digest the plunder
they have gott from us, etc. If you make a peace, pray remember
yt. wee keep St. Kitts. Endorsed, R. Sept. 16. Holograph.
4 pp. Enclosed,
432. i.-ii. Duplicates of Nos. 43U., ii. [C.O. 152, 42. Nos. 6,
6.L, ii.]
433. Council of Trade and Plantations to the Queen.
Recommend for repeal the Act of Jamaica to provide an additional
subsistence Jor H.M. soldiers etc. Quote objectionable clauses
[see July 9] " which intrench upon your Royal prerogative, your
Majesty having a right to the services of your subject* in what
capacity your Majesty thinks best, and which we look upon aa
a burthen and discouragement imposed upon the souldiery, which
happens the more unseasonable at this time when they are upon
harder duty by reason of the danger wherewith that Island is
threatned from the enemy " etc. [C.O. 138, 12. pp. 3-6.]
434. Council of Trade and Plantations to Mr. Sec. Hedges.
We have compared Col. Dudley's expression [see July 12] with
other letters from him, whereby it is plain that the Indians referred
to were the Eastern Indians allied to the French etc. And upon
this occasion we think it proper to signify that Col. Dudley nas
comported himself with good conduct and prudence in the
management of this affair, and that his service deserves to be
recommended to H.M. Autograph signatures. 2 pp. [C.O. 5,
751. No. 75; and 5, 912. pp. 184, 185.]
435. Order of Queen in Council. Appointing Capts. Brooks,
Jenour, and Trimingham to the Council of Bermuda [see
July 4]. Signed, John Povey. Endorsed, Reed. Read Aug. 6,
1706. 1 p. [C.O. 37, 7. No. 34; and 38, 6. p. 219.]
436. Order of Queen in Council. Directions to be sent to
the Governor of Jamaica as proposed July 4. Endorsed, Reed.
Read July 18, 1706. 3 pp. [C.O. 137, 7. No. 28 ; and 138, 12.
pp. 7-10.]
437. Council of Trade and Plantations to the Lord High
Treasurer. Enclose accounts of the Board [see June 24]. [C.O.
389, 36. pp. 317, 318.]
438. Council of Trade and Plantations to Governor Lord
Cornbury. Finding that Lt. Congrave is not yet gone, wee take
this oppertunity to acquaint your Lordship that the Office of
Ordnance, upon occasion of the stores demanded by your Lordship
for New York, have reported to H.M. that " they have not any
account of the remain of the stores there, so that it is impossible
for them to make a true judgement of what is necessary to be
sent." Your Lordship will therefore find the occasion of H.M.
Wt. 491-2.
C 1-J
178
COLONIAL PAPERS.
1706.
July 18.
Whitehall.
July 19.
Whitehall.
July 19.
Whitehall.
July p.
Essequibo.
July 22.
1 Boston.
not sending of stores has been the want of the necessary accounts,
which you should send us and the Board of Ordnance by all
conveyances, and particularly an account of remains of stores
of all sorts, and an account of the expences and necessity of
such expences of the stores of ordnance, without which no supply
is to be expected from hence. But we must withall exhort your
Lordship again to lay these wants before the Assembly, that they
may make such provision of money as shall be requisite to
purchase a supply of stores of all sorts for their own defence,
which you are likewise to do to the Assembly of New Jersey,
for their particular security. [C.O. 5, 1120. pp. 472-474.]
439. Council of Trade and Plantations to Mr. Sloper.
Enclose letter for Lord Cornbury. [C.O. 5, 1120. p. 475.]
440. Council of Trade and Plantations to the Queen.
Recommend 13 Acts of New Hampshire for ratification, and,
for reasons given by the Attorney General June 11 (q.v.), the
following for repeal : (1,2) Act and Additional Act for settling
intestates' estates ; (3, 4) Act and Additional Act concerning
marriages ; (5) Additional Act concerning Constables ; (6) Act
for maintenance of the Ministry ; (7) acknowledging deeds ;
(8) restraining inhuman severities ; (9) punishing criminals ;
(10) recording deeds; (11) taking affidavits out of Court;
(12) regulating civil causes ; (13) establishing Courts of Justice.
[C.O. 5, 912. pp. 186-193.]
441 . Council of Trade and Plantations to Governor Handasyd.
We transmit H.M. Order in Council July 15, to be laid before
the Assembly on the first occasion. [C.O. 138, 12. pp. 10, 11.]
442. Commandant Beeckman to the Directors of the Dutch
West India Company. See Appendix to Report of the Venezuelan
Boundary Commission. Signed, Samuel Beeckman. Endorsed,
Read Nov. 15 (N.S.) 1706. Dutch. 10 pp. Enclosed,
,442. i. List of goods exported Aug. 5 (N.S.) 1706. Dutch.
2 pp.
442. ii. List of goods required. June 24 (N.S.), 1706. Dutch.
8i pp.
442. iii. Muster roll of the Company's servants. July 30 (N.S.)
1706. Dutch. 2| pp.
442. iv. List of (6) persons returning home. July 10 (N.S.)
1706. 1 p.
442. v. Measurements of sugar coppers. | p. [C.O. 116, 20.
Nos. 6, 6. i.-v.]
443. Governor Dudley to [? Mr. Popple]. Since mine of
Oct. 20, Feb. 1, and Apr. 23 I have no letter from their Lordshipps,
nor have I had any direct conveyance, but the mast shipps being
now arrived, I shall give full accts. of all things by them, who
I hope will be ready to sail in Sept., this is by Barbadoes to
meet the Packet boat. All the coasts on the Mayn have been
lately alarm'd by the ill news from Nevis, and in some expectation
AMERICA AND WEST INDIES. 179
1706.
of the French force looking this way, which now most probably
is diverted, the principal! of that fleet being gone down into
New Spayn, however 1 am in a good readiness for them, the
work at Boston, Piscataqua and other parts being in very good
repair, and the people very ready for the service. I have lately
had a descent of three parties of Indians, about an 1(XK in a
Troop from the French side, which has forced me to double my
guards on the frontiers. Luckily 100 of them came to surprise
Dunsteble, a poor village, and found unexpectedly a Troop of
Horse in a poor Garrison house, who saved the whole village and
sent them home with a loss, which costs them a whole summer's
march out and home, the other two troops are yet lurking about
mee, but dare not make their assault as yet. I pray you to
assure their Lordships there is nothing left undone to secure
the frontiers of this long open countrey, nor the masting and
affairs of that sort, and tho it is to the great expence of the
province to about 30,OOOJ. per annum, yet nobody complains
either of the service or expence of their money, which makes
me very easy with the Generall Assembly and the people in
generall. And if it may be acceptable to their Lordships and
so represented to H.M., I have what I wish and am well rewarded.
Signed, J. Dudley. Endorsed, Reed. Nov. 28, 1706, Read
Feb. 28, 170f 2pp. [C.O. 5, 864. No. 113; and 5, 912.
pp. 265-267.]
July 27. 444. Attorney General to Sir C. Hedges. Having received
your commands on the inclosed extract of Coll. Seymour's letter,
1 cannot give any certain opinion on it without perusing the Lord
Baltimore's Charter therein mentioned, which I have not, etc.
As to what the Coll. states to be the opinion of the Provincial
Court of Maryland, that the severall Statutes of England (unlesse
they expressely mention the Plantations) are not in force there,
is in part true. For the Plantations being governed by their
own Laws, an Act made in England (unlesse [the Plantations]
or words including them, as [other her Majesties Dominions]
be in such Act) doth not extend to the Plantations. However,
though this be generally true, yet for the Lawes of England, wch.
were in being at the planting that Colony by the subjects of the
Crown of England, if the same were received by the Inhabitants,
and putt in practice there, they (by virtue of the Generall Consent
appearing by their being put in use there) became the Laws of
that Country, till they shall be altered by some Act of the Assembly
there. And for the '( 'rim i null Laws of England, which have been
so used there, I am of opinion they may and ought to be put in
use there still, till other Laws shall be made there to be used in
the place of them. Signed, Edw. Northey. Endorsed, R. July 28.
2 pp. [C.O. 5, 721. No. 7.]
July 28. 445. John Smith to [? Mr. Dummer. See Aug. 1st]. Reports
On board the condition of the Leeward Islands. The chii'f tiling wanting
Jamaica a * Barbados is provision. Antigua and Montserat were prepared
packetu to receive an enemy, tho 1 in all probability able to make but a
180 COLONIAL PAPERS.
1706.
feeble defence by reason of the small number of people. Nevis,
which formerly seem'd to be the Garden of the Caribbees, is now
a deplorable spectacle of ruin, her forts demollish'd, plantations
burnt, as well canes as houses, their negroes, some taken, the rest
fled to the mountains, which of late begin to drop in, the
inhabitants forsakeing it, some to New England, Pensilvania etc.
St. Xphers, tho' of much less strength and abundantly fewer in
number, yet gave the enemy an honourable [? resistance], and
ye verdure of that Island seems to recover its former complexion.
Col. Handasyde had made such preparation at Jamaica, that
the enemy would have small reason to vant of their enterprize etc.
They are now erecting a new battery of 20 cannon at Port
Royall, etc. We were chased into Plymouth. Signed, John
Smith. Copy. If pp. [C.O. 137, 45. No. 81.]
July 29. 446. Mr. Merrett to Mr. Sec. Hedges. Encloses following
and repeats part of letter, July 5. I have letters from severall
persons advising how easye they are with Major Lloyd's manidg-
ment. I humbly pray that some mention may be made in the
Gazett of the enclosed Address, etc. Signed, Solomon Merrett.
Endorsed, R. 29. Addressed, f p. Enclosed,
446. i. Major Lloyd to \? Mr. Merrett]. St. Johns, New-
foundland, June 6, 1706. This comes by so sudden
an opportunity that have not time to give you an acct.
of the affairs of this country, it being by one Capt.
Filmore bound for Lisbon, who only stops at the
harbour's mouth, but would not stay. I received yours
of Feb. 12, and observe the unjust reflections put upon
me by my false accusers, but I dare venture to say that no
Officer that ever served here was ever more intirely be-
loved by the inhabitants and Commanders of ships
now here. So far from trading have I been last winter,
that tho' I had an opportunity by the necessity the
people proved to be in for want of provisions last winter
of laying severall 100?. in my pockett, yet did not dispose
of one pennyworth to my own advantage, but lent
every inhabitant whatever provisions they wanted
only to returne the same in specie this summer, their
gratitude for which and other kindnesses done by them
oblidged them on the perusall of your letter to sign
enclosed petition, etc. Pray inform Mr. Secretary Hedges
that in December last a party of French came to
Ferreland with a French ship to load salt. I immediately
sent a party from St. Johns, who tooke severall
Canadions prisoners, who are still in my custody, except
two who endeavoured to make their escape from prison,
but were kill'd in the attempt, the french since have
not disturbed those parts. In March last an Officer
with a strong party of men came to Port Grave and
Conception Bay, and upon the request of ye inhabitants
and the Generall Consultation with me and my officers,
I went with 32 soldiers in pursuance of them the
AMERICA AND WEST INDIES. 181
1706.
enemy outran me, however I came up with some of their
Indians, and took some of them prisoners, who are the
first of that sort of cattle that was ever taken by the
English here. A few dss [f days] past I viewed
Placentia, having with me a small party of 16 soldiers,
the 7th day after I went out I arrived at St. Johns
back againe, there is in the Harbour of Placentia forty
saile of merchant ships, but not one man of warr, and
pray observe to Mr. Secretary that he will find my
words true, that no effectual! means can be taken but
the method you and I proposed last summer, which
would and I am sure will have success, if ever attempted.
There wintered in Newfoundland this year English
1,200, there was at Placentia last winter but 200 inhabi-
tants and 120 soldiers. Mr. Roope and the Capts.
of the men of warr last summer told me of 900 being
there, but I found that and almost everything else
they said very wrong, and I wish they may not do the
Governmt. a prejudice by pretending to things they
know nothing of. I would have attempted iTacentia
this spring, but could not prevaile with toe Inhabitants
to joyne with me, and am sure would have carryed
it without the loss of 10 men, once 42 masters signed
for going, being fully sencible of the probability of
the thing, but afterwards drew back for want of
200 soldiers to head them, it greives me to think what
an opportunity has been lost. Notwithstanding the
weakness of the french, they once intended another
attempt on St. John's last winter, as the Prisoners
give acct., I suppose imboldned by their late success,
which they gained I am sure by the ill conduct and
managemt. of the English, etc. I wrote per Capt. Bridge
last fall 2 letters to Air. Sec. Hedges, and one to
Mr. Tucker and one to you with a full acct. of all, and
have not time to send copies now, if Capt. Bridge
has been so base as not to deliver them, I think the
prejudice and the affront is as great, if not greater,
to the Govermt. then myselfe. I have done my duty
in writing and sending them by a man of warr.
Signed, Thomas Lloyd. Endorsed, R. July 29. Copy.
2* pp.
446. ii. Inhabitants of St. Johns to the Queen. Return thanks
for H.M. care of the fishery, recall of Lt. Moody and
those under his commande, whose debauchery might
have been of the greatest ill consequence, and for sending
Major Lloyd and new troops etc., whom we are firmly
resolved to assist. It was Lt. Moody 's continued
ill usage that prevailed upon severall of us to sign the
petition of last spring in his favour. Most of the inhabi-
tants had resolved to goe for England, etc. 114 signa-
tures. True copy of address sent last year, certified by the
Admirals of St. Johns. June 6, 1706. 2 pp.
182 COLONIAL PAPERS.
1706.
446. iii. Inhabitants of Newfoundland to Sir C. Hedges. Last
year we sent an Address (as above), which was inter-
cepted, by wch. Lt. Moody and Dr. Jackson have
endeavoured to lessen the reputation of Major Lloyd
etc. to whose courage and conduct we owe our security
this winter. He has wholy baffled ye enimy and has
prevailed with the Inhabitants of Conception Bay to
fish this season upon Islands, wch. keeps them from ruin
and in great measure secures St. Johns by bringing
their provisions out of ye way of ye enimy. We have
been very much impoverished by the Enimy's plunder-
ing and ye exorbitant prices Lt. Moody laid uppon
the Queen's provisions wch. we were forced to give
him, so that we were rendered uncapable of providing
our winter stock. Major Lloyd supplied us and
converted not a pennyworth to his owne use, but lent
it uppon condition that we should return the same
quantity in kinde in the summer, etc., etc. 71 signatures.
Copy certified as preceding. If pp. [C.O. 194, 22.
Nos. 68, 68.i.-iii.]
July 30. 447. W. Popple to W. Lowndes. Encloses Act of the
Whitehall. Massachusets Bay, 1701, for establishing a Naval Office, etc., for
the opinion of the Commissioners of Customs thereon. [C.O.
5, 912. pp. 193, 194.]
[July 31.] 448. Members of Council of Nevis to Sir C. Hedges.
We humbly acquaint your Honr. with ye miserable circumstances
this H.M. Island at present labour under for want of due care
before and since the loss of it, which could not be prevented
by so small a handfull of people, and not above 35 men of H.M.
two companies, the rest being carryed to Antego by Col. Johnson.
After the first attack by the French, Feb. 5, Col. Johnson came
and assured us the danger was not over, and after staying a few
days, not calling togeather the militia officers or setled any-
thing of that kind, and took off the 115 men he had sent from
Antigoe and the above-mentioned detachment, and assured
us he would return in 12 days. Wee intreated him to stay, but
could not prevaile. During M. D'Iberville's occupation, Col.
Johnson landed no men to our assistance, or have beene to this
Island since the enemye left, or sent a guard ship with stores,
for want of which the Island is a third worse than when the enemy
left itt, by sloops coming and carrying off the inhabitants and
stock. . . . The enemy left 112 small arms with 2 small casks
of powder, and out of them the men of H.M. Regiment were armed ;
when the enemy left, we were in a fair way of resetting, were
propper care taken, but are unable to prevent any incursions
of the enemy ourselves, but a perfect prey to all robbers, etc., etc.
Signed, Wm. Burt, Jno. Smargin, Rich. Abbott, Jas. Bevon,
Aza. Pinney. Endorsed, R. July 31, 1706. Addressed. 2 pp.
[(7.0.184, 1. No. 22.]
AMERICA AND WEST INDIES. 1 :
1706.
[July.] 449. W. Kill -rvu to Sir C. Hedges. This is what I can
at present m<*lestly say of Carolina, the rest must be discourse.
Signed, Wm. Killigrew. Endorsed, July, 1706. Addressed. } p.
Enclosed,
449. i. A Memorandum of the products and trade of Carolina
and the Bahama Islands. Cf. April 22. Concludes :
By ye proceedings of ye Proprietors and ye Addreei
of ye Lords it is not doubted but ye Government of
Carolina will be in ye Crown. If by Quo Warranto,
yt. will have several termes, all which time the People
will live under oppression. If by Scire Facias, that
is the quickest, but still time is lost, and the Proprietors
will plead hard, first for ye Charter in general, 2nd,
if ye Government is forfieted, they say it can onely be
for South Carolina, which is not halfe ; 3rd, Allow ye
whole Government in the Crowne, they say the Rente
and quitt-rents are not fforfeited and must be paid
to them, whilst ye Crowne must pay all ye Charges,
Civill and Military. If so, ye Proprietors will be gainers
in ye maine, and ye People have 2 masters, and ye
Land sett at greater rents and charges, which will hinder
People from setling there. Fourthly, it will be hard
to punish ye Innocent, ffor 2 Proprietors are minors,
and 2 more opposed ye 2 bills, and one is a Prisoner
in the Fleet, so that there is but 2 or 3 Guilty of
Misdemeanor. Now considering ye Consequence
Carolina and ye Bahama Islands are to all our Planta-
tions, I take ye ffredome to aske if it is not adviseable
privatly to buy out ye Proprietors. In order to which
I have given to my Lord Treasurer a Paper demon-
strating where 28,0002. may be had, and no doubt the
Parliament will consent to renew ye Lycences of the
Hackney Coachmen rather than raise such a summe
any other way (the Coachmen themselves petitioning
for it), And if I am empowered to Act in this business,
I don't question but to raise this money presantly.
As to charges,
To buy out ye Proprietors of Carolina and
ye Bahamas 8,000*.
(But if I am imployed privately to agree
with ym., some may be saved.)
Charge of ye Bahamas, as in Mr. Graves's
Paper 5,000*.
For 100 soldiers and officers for 3 years for
Port Royal 6,219/. 15s.
Charge total .. 19,219*. 15*.
Of 28,000*. stock remains cash . . . . 8,780*. 5s.
To be laid out in Fortifications, stores and ammunitions
for Port Royall in Carolina. This together with ye
rents of the Country will support ye Governt. for ever,
and in 3 years tyme will bring in a good Revenue to
184
COLONIAL PAPERS.
1706.
July [?].
Antigua.
Aug. 1.
London.
Aug. 1.
London.
ye Crowne of England. I am in treaty with some
thousands of Protestant People from foreign parts,
who are desierous to go thither when this affaire is
settled, which naturally will increase ye Rents of the
Country and ye Customes very considerably ffor
England. Estimate of Civil List, Total, 2,0801. Signed,
W. K. 3 pp. \C.O. 5, 306. Nos. 3, 3.i.]
450. Lt. Governor Johnson to the Council of Trade and
Plantations. Acknowledges letter of Aprill 26. I am sorry
the accounts I gave of the state of these Islands was not particular
enough, but the people here are afraid of having such accounts
sent home as may be too particular, and fall into the enemyes
clutches. It would be happy if the ministers, when [were ?~\
fully appris'd of the condition of these collonies, which (and
'tis all I shall say at present) are so weake that unless great care
be taken, they will infallibly fall into the enemyes hands next
spring ; and perhapps Barbados itselfe is not safe. I sent a full
collection of all the Lawes, but the same is miscarry'd with the
packett boate ; if I did not send your Lopps. such an account
of our stores, as you seeme to thinke necessary ; I assure you
'twas only for want of knowing the method you wou'd be pleas'd
with, and not to save paper or paines ; for a full and compleate
detayle of our stores will lye in a very small compass. In my
last to Mr. Sec. Hedges \? May 28] I writt earnestly for 50 or
60 24 and 36 pounders with ball etc. for the use of Monkes Hill ;
and I now most humbly recommend that affaire to your Lopps.,
and I hope care may be taken that they shou'd arrive here and
be plac'd by Christmass next, for 'tis not improbable the French
will make us a visitt next spring. Signed, Jon. Johnson. En-
dorsed, Reed. 14th, Read 17th Sept., 1706. 1 p. [C.O. 152, 6.
No. 62; and 153, 9. pp. 396, 397 ; and (extract] 152, 42. No. 5.]
451. Mr. Dummer to Mr. Popple. Gives sailings of the
Jamaica packet boat. Out and home, 107 days. The Islands
are all quiett, ye French being supposed to be sailed to Leeward
to attend ye galleons now at Cartagena and Flota at La Vera
Grace. Signed, E. Dummer. Endorsed, Reed. 1st, Read
8th Aug., 1706. Addressed. 1 p. [(7.0. 323, 6. No. 14.]
452. Same to Mr. Secretary Hedges. Quotes from a letter from
Col. Burt, Nevis, June 1st : The whole French force, of 5,000
odd men, was extreamely well armed, every man a choice firelock
and bayonett fixt upon ye muzle, every man a cutting sword and
many a pole-axe, which force we had about 400 men to resist. At
this time there were 25 vessels in port and 300 odd men belonging
to them, not 20 of them gave any assistance, but as soon as ye
enemy landed, went into ye country, and with ye revolting
negroes robbed ye planters as ye women and ye familyes left
their houses, and plundered more than 3 parts of ye houses
in ye Island. The negroes betooke themselves to ye mountaines
with their plunder and there defend themselves, some that were
AMERICA AND WEST INDIES.
1706.
Aug. 1.
Crutchett
Fryers.
Aug. 1.
Whitehall.
nearest ye enemy went to them and were strip 't of what they
canyed off, as they deserved. Soe soon as ye enemy retired,
abundance of sloopes and other vessells flocked here and took
off goods, negroes, horses, etc. by stealth, which we could not
prevent for want of a guard shipp. Col. Johnson has not given
us any succour whatever, nor has been here himself e to consider
what to doe against all these misfortunes. The enemy had not
above one halfe ye negroes, not a quarter of ye stock, or were
halfe ye settlements distroyed, but now ye Island is a third worse
than when they left. Many of ye ffamilyes by this meanes are
disheartned and have left ye place. The enemy used us bar-
barously, kept noe word with us in any point, and ye remaines
we have, in case we are not protected from ye obligations we
were forced to comply with, will be carryed away, etc. Signed,
E. Dummer. Endorsed, R. 1 Aug. Addressed. 2 pp. [C.O. 137,
45. No. 82.]
453. Mr. Merrett to Mr. Popple. I have received news from
Newfoundland that in Dec. last a party of French came to
Ferryland to load salt. Capt. Lloyd imediately sent a party
from St. Johns, who routed them and took several Canadians
prisoners. In March last an Officer from Placentia came with
a strong party of French and Indians to Port Grave in Conception
Bay. Mr. Lloyd with 32 souldiers went in persuit ; on his approach
they fled, but he following them, took severall of the Indians
prisoners. There wintered in Newfoundland last winter 1,200
English. The prisoners gave an account that the French from
Placentia intended to make another attempt on St. Johns last
winter, but gave it over as they were on their guard there, which
I presume if Mr. Moody had done, the French had not done
that damage. All are well satisfied with Mr. Lloyd's government
and conduct. Signed, Solomon Merrett. Endorsed, Reed. 2nd,
Read 6th Aug., 1706. Addressed. 1 p. [C.O. 194, 3.
No. 165.]
454. Mr. Secretary Hedges to Governor Sir B. Granville.
Yesterday arrived a West India packet bringing me letters from
Antego and Nevis, but none from you. These letters give an
account that ye unfortunate Island of Nevis has suffered a 3d.
part more since ye ennemy left it, by reason of disorders and
want of due care taken for settling ye people there. H.M. has
given orders for applying a proper remedy and for putting those
Islands into as good a condition of Defence as is possible with all
expedition. In the mean time, it is to be wisht that the neigh-
bouring Governments and such men of war as are in those parts
would use thier endeavours to releive and support the Island of
Nevis and give countenance and spirit to ye Inhabitants, that
they do not desert ye Island. I hope ye Governor will be arrived
there long before this time, who by his presence and authority
may be able to restrain the disorders that have been committed
since the French were there and still are continued in a very
scandalous manner. I am very glad to hear by other hands that
186 COLONIAL PAPERS.
1706.
you had made very good preparations for giving the French a
warm reception if they had made any attempt upon your Island.
It is concluded now that danger is over, and that it will be no
more in ye power of ye ennemy to give any disturbances in those
parts. I have sent you heretofore ye continuation of our good
successes, and you will receive by the news sent you this night
from the office an account of King Charles III being proclaimed
at Madrid, who we have little reason to doubt is by this time
possest of ye whole Kingdom of Spain, you will take all
opportunities that offer of letting ye Spaniards in America have
ye good news of ye happy progresses of ye Allys, particularly of
their Lawfull Soveraign, that it may encourage them to shake
off the yoke of a fforeign Government, and to declare for his
Catholick Majesty. I hope it will not be long before I shall
be able to send you an account of further successes, the ffleet
being ready to sail with Land Forces on board upon some
expedition which in all probability will be of very great advantage
to the common cause. Signed, C. Hedges. The two concluding
sentences were sent as a Circular signed by Mr. Secretary to
Governor Lord Cornbury, Governor Nott, and Governor Seymour.
[C.O. 324, 30. pp. 99, 100, 104.]
Aug. 1. 455. Same to Governor Parke. I hope this will find you
Whitehall, in your Government, where you have been very much wanted,
the inhabitants of Nevis having according to the accounts I have
received suffered very much since the French went off by their
own disorders and for want of the presence and authority of a
Governor, and I don't find that ye persons upon whom the
administration devolved upon the death of Sir Wm. Matthews
have taken any care of it, either before or after ye French being
there. You are to enquire into all those mismanagements both
before they were attackt, at ye time of ye ennemy's being in ye
Island and since they left it, and to send over the originall
Depositions, with your opinion upon the whole. You are to
see the Blacks encouraged, who behaved themselves with so
much resolution upon this occasion, and to use them well, and
as to the grant made by Ibberville to certain Inhabitants of
Nevis, it is by all means to be discountenanced, and if any of
them should insist upon it, you are to send an account
thereof and who they are. I send you an extract of what
I writ concerning what H.M. has done, and measures are taken
for sending you every thing else that is necessary for your Defence
and Relief. She thinks it for ye service that you should make
either Nevis or St. Christophers ye place of yr. residence at this
juncture, and ye rather at Nevis, since by your authority and
presence you will bee better able to put an end to ye scandalous
disorders that have been committed and are still, according to
the accounts I receive, continued in that Island. You are to use
your utmost endeavours to encourage and give spirit to ye
inhabitants to resettle, giving them assurances that H.M. is
very sensible of their condition and will send them forthwith all
Ordnance Stores that are necessary, more men, and will omitt
AMERICA AND WEST INDIES.
187
ITlMi.
Aug. 1.
Whitehall.
Aug. 1.
Whitehall.
Aug. 2.
Jamaica.
nothing for putting them again into a flourishing condition,
if they will do their parts for making H.M. gracious Ini -nti" in-
effectual!. But above all she has it in her thoughts to secure
them from ye demand of 1,400 Negroes the French pn-t. -n-l
t make upon them, and which the Inhabitants are appi
the French may exact upon them after Oct. 6, before wch. tnm
I hope you will have ye satisfaction of seing a good squadron of
H.M. ships at those Islands. In the mean time H.M. does not
doubt but you will exert yourself in ye best manner you can for
her service, ye security of ye Islands, and ye quieting ye minds
of ye inhabitants. And it is to be hoped that hereafter ye French
will not be in a condition to give them any disturbance.
Concludes as preceding. Signed, C. Hedges. [C.O. 324, 30.
pp. 100-102.]
456. Mr. Secretary Hedges to Governor Dudley. I received
ye 6th past yr. favour of April 23. I have sent you heretofore
ye continuation of our good successes, etc. as in preceding. U \\.
is well satisfyed to find you are in so good a posture with your
French and Indian neighbours, and is pleased to approve of your
service in relation to them. The copys of ye Articles offered
to Monsr. Vaudreville and ye Treaty proposed by him to you
concerning ye exchange of prisoners having been laid before
H.M., she is pleased to order that you do not proceed any farther
in that matter. Signed, C. Hedges. [C.O. 324, 30. p. 103.]
457. Same to Wm. Burt. Yesterday I received a letter
subscribed by yourself and 4 other Gentlemen, but without a
date, which I have laid before the Queen, as I had before done
Mr. Richard Abbot's letter of April 22, together with other letters
relating to Nevis and St. Christophers, ye humble representation
of divers merchants trading with St. Christophers, and a petition
of the inhabitants of Nevis, whereupon H.M. has been graciously
pleased immediatly to take such measures for your relief and
support as are suitable to your unfortunate condition, of which
I hope you will soon find the good effect. I have by H.M. com-
mand written at large to ye Governor to take all possible care
for encouraging and giving spirit to ye inhabitants, in which
I hope you will afford him all possible assistance in all that is
necessary to be done, till such time as H.M. supplys can be sent
from hence. Signed, C. Hedges. [C.O. 324, 30. p. 104.]
458. Governor Handasyd to the Council of Trade and
Plantations. Acknowledges letter and enclosures of April 26,
and a duplicate of H.M. order relating to the stores of war in this
Island, which I complyed with on receipt of the original! by the
Barbadoes packett-boat that sailed Dec. last, and miscarried
in her passage, and with it sent a copy of a bond of one Robert
Daniell of Carolina for the return of some stores of war, sent
for the service of that place, upon the request of the chief inhabi-
tants there, and upon notice of the miscarriage of that packett-
boat, I likewise sent duplicates of both those papers to your
188 COLONIAL PAPERS.
1706.
Lorpps. by the Queen Anne pacquet boat that sailed from hence
April! 1st. I now send the same account, with an addition to
it of what arms have been since delivered out to the inhabitants
upon apprehensions of the Enemy. As to affairs in these parts,
there are 14 gallions at Carthagene, 4 of which are men-of-war,
two of 50 guns, each one of 54, and the other of 60 guns, and
10 merchant ships, but by an account we have from the Spanish
merchants there, they are the poorest that ever came to the
West Indies. Our woolen manufactory sells well among the
Spaniards, but at present we have none here. Here is a new
Vice-Roy come to Carthagene under convoy of 3 French men-
of-war as they call them, but they are only privateers, he has
above 70 Gentlemen of his attendants that are all French, he
himself is very much in the French interest, which is a great
dissatisfaction to all the Spaniards, he was just come to Carthagene
when the fflag of truce sent from hence came there, he told the
Governor that he ought not to receive the packett with the
King of Spain's Declarations, letters, etc., they being from an
enemy, but the Governor called a Councill, wherein it was resolved
on, that the packett should be opened, and copys of the letters
taken and sent to Old Spain, and also of the Declarations etc.,
and the other packetts to Havanna, Porto Bell etc., as directed,
which was a great mortification to the Vice-Roy. The Governor
told him he himselfe was welcome there, but as for his attendants,
none should be admitted there that were French. He had the
like message sent from Porto Bell, when notice was given there
of his coming, which shews the Spaniards' inclination for
King Charles' interest, and I am of opinion whenever the fleet
arrives, there will be great alterations. Admirall Whetstone,
having been out with his Squadron, mett with a violent storm,
in which he lost his main-mast and disabled his mizon mast, but
he is making all the dispatch he can to refitt his ship. Two of
H.M. ships of war, the Montague and Foulston [? Folkestone], sailed
from hence about three weeks ago, but were drove into the leeward
part of this Island, they are now sailed again, and as I'm informed,
bound for Newfoundland. This Island is very healthy, and I
am of opinion if Monsieur had come, he would not have taken
Jamaica in 6 months' time, tho he had brought 10,000 men with
him, and I do assure your Lordships that the honour of our
great and gracious Queen, and the welfare of Old England shall
never be lost, where I have the honour to command. I am still
in want of recruits and men to compleat the two additional
Companys, here being no more sent over of those two Companys
than 35 men, so that I shall want to recruit the regiment and
fill up those companys, at least 150 men. The Quartering Act
being near expired, I have been obliged to call an Assembly,
which is to meet Sept. 3. I hope they will be better humour'd
than usuall, and not endeavour to entrench on H.M. Royall
prerogative, which if they do, I shall be obliged to dissolve them.
Our ffleet of men-of-war and merchant ships under the command
of Capt. Kerr, arrived here July 25. The men-of-war design to
sail within 3 or 4 days to the Spanish coast. Another packett
AMERICA AND WEST INDIES.
I Ml
boat came in here July 27, so that we have now 2 packett-boats
in harbour, and if anything happens during its stay worth giving
your Lops, the trouble of, I shall not omitt letting you knou ;
and since I understand by that packet t -boat that your Lope,
have received the account of the stores and bond of Robert
Daniell, in which account is mentioned the particulars he had,
I shall not trouble your Lorps. with them again, and as for the
putting the bond in execution, it cannot be done here, because hen*
are no effects of his, but must be done i n Midland, where he has an
estate. I send your Lorps. here enclosed an Address from the
Councill of this Island and myselfe to congratulate H.M. happy
success, which we humbly desire your Lordships will present to
H.M. Signed, Tho. Handasyd. Endorsed, Reed. 14th, Read
17th, Sept., 1706. 3} pp. Enclosed,
458. i. Governor and Council of Jamaica to the Queen.
Congratulatory Address upon the successes of H.M. arms
in Flanders and Spain. Thanks for reinforcing
Admiral Whetstone with the squadron of men of war
lately arrived etc. Signed, Tho. Handasyd. 1 p.
[C.O. 137, 7. Nos. 30, 30.i. ; and 137, 61. No. 17;
and (without enclosure) 138, 12. pp. 17-24 ; and (extract
of letter) 137, 51. No. 12.]
Aug. 2. 459 . Governor Handasyd to Mr. Sec. Hedges. Acknowledges
Jamaica, letters of April 20, May 9 and 16. As soon as Capt. Can- [Kerr]
arrives, all the assistance that lies in my power shall be given in
his expedition. Returns thanks for his Regiment etc. ana repeats
parts of preceding. Signed, Tho. Handasyd. Endorsed, R.
Sept. 14. 2 pp. [C.O. 137, 61. Nos. 15, and (duplicate) 16.]
Aug. 2. 460. W. Popple, jr., to J. Burchett. Encloses extract of
Whitehall, letter from Gov. Handasyd [above], to be laid before the Lord
High Admiral's Council. [C.O. 138, 12. pp. 16, 17.]
Aug. 6. 461. Governor Handasyd to the Council of Trade and
Jamaica. Plantations. Acknowledges letters of May 30 and 31. I have
caused all the news of H.M. glorious success in Flanders, Spain et<
to be put into the best Spanish I can, and sent to the Admirall of
the Gallions, and to the Vice-roy, who is lately arrived in these
parts, and likewise to the Spanish Governors. Capt. Kerr has
joyned Admirall Whetstone, who is gone with a noble squadron to
the Spanish Coast, and I doubt not but their appearance there
will have a very good effect. As to what your Lops, are pleased
to say in relation to me and my Regiment, ffor my own part
I am allways ready to serve our gracious Queen in any place she
is pleased to command me to, and I daresay the Regiment is the
same, since it is for the good of H.M. service, so that we do assure
ourselves, on your Lorps.' promise to patronize us, that if a
sudden peace should be made, we shall meet with no hardships,
since we are of 18 or 20 years' standing, there not being many
elder regiments in the service. I enclose to your Lorps. the
copy of a letter sent to Mr. Arnold Brown, late Agent for prizes
190 COLONIAL PAPERS.
1706.
in Jamaica, who was superceeded by a Commission in the last
packett, and has now in his hands between 7,OOOZ. and 8,OOOZ. of
H.M. mony, and I do assure myselfe he will remitt it in heavy mony
by this ffleet ; by which letter your Lordps. will be informed
of a very ill design of one Mr. Glover, the person who writt it,
wherein he mentions the Duke of Marlborough's interest as an
encouragement to Mr. Brown to follow his barbarous proposall :
Mr. Glover's presumption herein I am very much surprized at,
and cannot omitt giving your Lorps. notice of it, desireing his
Grace may be informed thereof, that such methods may be taken
with Mr. Glover, as may be a terror to all those who dare make
use of a Nobleman's name of his worth to carry on their ill designs.
Your Lorps'. Instructions of May 31 for a Thanksgiving shall
be punctually observed. I shall be very glad to serve
Sir Salathial Lovell, in what your Lops, have recommended to
me relating to his son, who is supposed to be cast away in his
voyage to England, but he left a power in a Gentleman's hands
here to receive what effects of his were left behind, whom I shall
take care to speak to of it, the first opportunity I have : a younger
son of Sir Salathiel's died here since, and as I'm informed has
left his affairs in great confusion. A Gentleman to whom he
was considerably indebted has administered, and I believe every-
body he has been concerned with will be loosers. By the last
packett boat arrived a Serjeant and 24 men for the 2 additionall
companys, 4 men deserted at the Windward Islands, and one
man died in the passage, so that I shall want about 120 men to
compleat the Regiment. I hope it will not be long before I shall
send your Lorps. the welcome news that matters are as favourable
in these parts for the interest of King Charles, as in Old Spain,
and I do assure your Lorps. no endeavours of mine shall be
wanting towards the perfecting of it. Our homeward bound
ffleet under convoy of Admiral Whetstone will not sail from
hence in less than 2 months' time, and I am certain there will
be at least 200,000?. in boullion on board them, so that I hope
your Lorps. will take care that a squadron be ordered to meet
them in the chops of the Channell. Our Spanish trade goes on
very well, we are much in want of woolens for that trade, of which
there is but little come in this ffleet. The Island is very healthy.
Signed, Tho. Handasyd. Endorsed, Reed. 14th, Read 17th Sept.,
1706. 2 1 pp. Enclosed,
461. i. Mr. Glover to Arnold Browne. London, April 25,
1706. I have yett with difficulty prevented the Com-
missions being sent to ye abovesaid genii, per last
pacquet, but fear it will come per this, tho' if I can,
will stop it longer, however as it is you'll have time
to gett a good sum of money into your hands, for I hear
that there are severall prizes lately brought into your
Port of considerable vallue, and if they should pretend
to prosecute you for the money there, it is but comeing
home for England imediately and bring a summe of
money wth. you and all your effects, and I doe not fear
but to get you in againe in the same post, if you have
AMERICA AND WEST INDIES. 191
1706.
a mind to goo back againe, but I hope youl have secured
soe much money, that you'l have noe occasion to goe
back againe, and I doe not doubt but by the interest of
the Duke of Marlborough, I may procure you some
good employment here, if you be but just to me, and
take care to pay me my money, which I doubt not but
you'l doe, considering how (favourable and kind I have
been to you. Signed, John Glover. Vera copia, Arnold
Browne. Endorsed, Reed. Sept. 14, 1706. 1 p.
[C.O. 137, 7. Nos. 31, 31. i. ; and (without enclosure)
138, 12. pp. 24-29; and (extract of covering letter)
137, 51. No. 18.]
Aug. 6. 462. Governor Handasyd to Mr. Sec. Hedges. Acknow-
Jamaica. fe^ letters of April 20 and May 30. The ffleet is arrived here
consisting of 11 sail of men of war and a fireship, etc. Repeats
parts of preceding letter. Signed, Tho. Handasyd. Endorsed,
R. Oct. 30. 1} pp. Enclosed,
462. i. Duplicate of preceding enclosure. [C.O. 137, 61. Nos.
19, 19.i. ; and (ivithout enclosure) 137, 45. No. 83.]
Aug. 10. 463. Governor Lord Cornbury to the Council of Trade and
New York. Plantations. Acknowledges letter of July 18. By the first
clause I perceive that you expect to hear from me what has
been the effect of the suspension of execution of H.M.
Proclamation relating to the coin etc. The only effect I can
acquaint you with, is, that this Collony has by that means had
money enough circulating in it to carry on the Trade of the
Province, which otherwise would not have been. I must confesse
that the money we have is very bad, and that is cheifly the fault
of the Assembly, and that thus, the people of Boston have a
much greater Trade to Old England then the people of New York,
by reason whereof they have much greater quantitys of European
goods then our people have, and much more then they can con-
sume, they send great quantitys of European goods in their
sloops to this place, here they sell their goods for ready money,
and good money, this money they clip at Boston to a third part
lesse in vallue tnen it was when they received it, and send it back
hither to buy our corn in grain (for they seldom take flower) ;
by this means they are able to sell flower made of our own corn
in the Islands cheaper then we can, this I have endeavoured
to prevail with the Assembly to prevent by laying an additional
duty on all European commoditys imported into this place,
from any place but from England, but they have not been willing
to doe it yet. As for the account of stores of warr, I sent accounts
of all the stores expended here since I came to this Province by
the way of Jamaica, and now I send an account of what stores
are remaining here, by which you will see that wee want almost
everything. Your Lordshipps are pleased to observe that I
could not legally and properly by my Instructions admit
Mr. Mompesson, Mr. Barbaric and Mr. Phillips into the Councill,
without H.M. previous appointment, which I acknowledge,
192 COLONIAL PAPERS.
1706.
and ask H.M. pardon for it ; but at the same time intreat you
to believe that I should not have done it, had not the Queen's
service in a great measure required it, for by my Instructions I
am directed not to act any thing in Councill without five of the
Councill, unlesse it be in cases of emergency. Now, when I added
those three Gentlemen to the Councill, there was then Members
of the Councill living, Col. Schuyler, Mr. Van. Dam, Mr. Beekman,
Mr. Lawrence, Col. Heathcott, Col. Homer, Col. Wenham and
Mr. Renslaer, of those there are only Mr. Van Dam and
Col. Wenham livers in town, Col. Schuyler and Mr. Renslaer
live at Albany, Mr. Beekman and Mr. Lawrence live in Long
Island, Col. Heathcott lives in West Chester County, and
Col. Romer has been at Boston almost 4 years, soe that I could
be sure but of two Councellors in winter time, let the exigency
be what it would, for those at Albany can not come in the winter,
those on Long Island are under as great difficultys, for sometimes
for a month or six weeks together it is impossible to crosse from
this City to Long Island ; Col. Heathcott is under the same
difficulty sometimes, and this I doe assure your Lordshipps is
the only reason that moved me to admit those three Gentlemen
into the Councill ; I return my most humble thanks to your
Lordshipps for your kindness to me, in representing that matter
favourably to the Queen ; I will take care not to committ the like
error again ; I herewith send a list of 12 persons, whom I look
upon to be the fittest persons to serve H.M. in her Councill.
I have been forced to dismisse Mr. Wm. Lawrence from the Councill,
after having born with him upwards of three years, in many
irregularitys, and perticularly one time having had a complaint
against him for assaulting a man upon the highway. I sent for
him, and told him if he would not cease committing these
irregular proceedings (of which I reckon'd up severall that he
had been guilty of), I should be forced to remove him, he promised
he would amend his ways, but instead of that, in a few weeks,
I had a complaint by some of the Justices of Queen's County
where he lives, that he and some other persons moved by him
had committed a Riot and desired leave to proceed against him
at Law, I acquainted the Councill, who were all of opinion that
he ought to be dismissed from the Councill, and indeed I was
of the same opinion, being well satisfied that he is in noe wise
fit to serve H.M. in that place, nor indeed in noe other ; therefore
I did dismisse him, and ordered the Secretary Mr. Clark to make
an entry in the Councill Books accordingly, which he has done.
I intreat your Lordshipps that Col. Peartree may be admitted
in the room of Mr. Lawrence, whose suspension I hope the Queen
will be gratiously pleased to approve of ; I likewise intreat
your Lordshipps that Col. Quary may either come into the
Councill in the room of Col. Romer, who has quite left this
Province, or be added to the number of twelve, as he is in New
Jersey. All the Journalls of the Assembly, and the Minutes of
Councill since my coming into this Province are transcribing
in order to send to your Lordshipps, they would have been ready
by this time, but Mr. Cosens, who was formerly Clerk of the
AMERICA AND WEST INDIES.
1 !:{
1 :<><;.
Aug. 12.
Whitehall.
Aug. 13.
Whitehall.
Aug. 13.
Admiralty
Office.
Aug. 15.
Barbados.
Aug. 15.
Whitehall.
Aug. 15.
Maryland.
Council], has been a great while at Rhode Island upon his own
affairs, is but few days agoe return'd to this place, and is hard
at work upon them ; soe I hope in a short time they will be
finished, and shall be sent by the first conveyance that offers.
Signed, Cornbury. Endorsed, Reed. Nov. 28, Read Dec. 5, 1708.
Holograph. 3 pp. Enclosed,
4t,.T i. List of persons supposed fit for vacancies in the Council
of New York. Col. Wm. Peartree, Col. R. Quary,
Col. Rd. Willet, Capt. John Chollwell, May Bickley,
James Emott, Capt. Ebenezer Wilson, Major Thomas
Jones, Major Augustin Graham, Stephen De Lancey,
Col. Wm. Merrit, Barent Rynders. Endorsed as
preceding. 1 p. [C.O. 5, 1049. Nos. 18, 18.i. ; and
(without enclosure) 5, 1120. pp. 483-489.]
464. Sir C. Hedges to the Council of Trade and Plantations.
I desire you will prepare a warrant for H.M. signature for a
Commission of Review in pursuance of Order in Council, June 28.
Signed, C. Hedges. Endorsed, Reed. Read Aug. 15, 1708. 1 p.
[C.O. 5, 1049. No. 17; and 5, 1120. p. 476.]
465. Council of Trade and Plantations to the Board of
Ordnance. Enclose Lt. Governor Bennett's list of stores of war
which he found at Bermuda. (See No. 424.i.) [C.O. 38, 6.
p. 220.]
466. H.R.H. the Lord High Admiral to the Queen. I have
no objection to the Martha (Sir W. Phippard) being permitted
to return from Virginia without being embargo'd. Signed,
George. [S.P. Naval, 7. under date.]
467. Governor Sir B. Granville to Mr. Sec. Hedges. I
have the honour of your several letters of the 28 and 30 June
and the 4 of July etc. We have had no certain news of the French
since they left Nevis so long agoe, they did not make any attempt
on this place, notwithstanding what they gave out : by reports
which come about to us from Martinique by the way of Antegoa
we are told that Monsr. d'Ibberville was near 4 months agoe at
St. Domingo ready to sail from thence for to attack Jamaica,
having added five ships of warr to his squadron and taken
1,000 Land men more on board, etc. Signed, Bevill Granville.
Endorsed, R. Oct. 30. Holograph. 2 pp. [C.O. 28, 43. No. 9.]
468. W. Popple to Mr. Attorney General. The Council
of Trade and Plantations send you a copy of the first Commission
and proceedings on the complaints of the Mohegan Indians,
and desire you to send them a draught of a Commission of Review.
[C.O. 5, 1120. p. 477.]
469. Governor Seymour to Mr. Popple. In obedience
to their Lordships' commands signifyed by your letter July 28,
1705, which I reed, not till Feb. 10, 170$, I have sent the Old
Wt. 4912. C 13
194 COLONIAL PAPERS.
1706.
Seale of the Province by the Rev. Mr. Evans, Minister of
Philadelphia etc. Sooner I could not send it with any likelihood of
safety. Signed, Jo. Seymour. Endorsed, Reed. 20th, Read
25th Nov., 1706. Addressed. 1 p. [C.O. 5, 716. No. 17;
and 5, 726. p. 395.]
Aug. 21. 470. Governor Seymour to the Council of Trade and Planta-
Maryland. tions. The oppurtunitys of paying my duty to your honourable
Board during this warrtime are so seldom, that I hope your
Lordships' just consideration thereof will excuse what, were it
otherwise, would seem remiss in me. The last occasion I was
able to embrace was by the Elizabeth of Leverpool, Capt. Edward
Ratchdale, Commander, by whom I wrote to your Lordships of
March 8, and being a shipp of very good countenance, hope may
be well arrived. Encloses duplicates, and proceedings relating
to two prizes, brought into this Province since my arrivall,
UOrtolant and Francois of Rochell. Since which, on Aprill 2, have
had a Meeting of the Generall Assembly, and laid before them H.M.
Royal Commands for the Advancement and Security of Trade, by
erecting Ports ; of the necessity and advantage whereof they
being thoroughly convinc'd, have enacted a Law for that purpose,
herewith transmitted for your Lordships' approbation and H.M.
Royall Assent. I am sorry the Law does not oblige all goods
and merchandizes to be landed, as well as the shipps to lye, at
the ports only, and there take in the Tobacco under the eyes of the
Officers of the Customs, the only effectual way to secure Trade.
Yett am glad they have oblig'd the shipping to lye at Towns,
and there unliver and loade ; not dloubting but their lying in such
publick places will in some measure prevent clandestine Trade,
and am not without hopes that a very little time will convince
the Planters 'tis their Interest to bring Tobacco to Towns, against
which their present objection was the want of store-houses and
nailes to build. H.M. gracious flavour in admitting Navall Stores
to be imported from these her American Plantations, is received
very thankfully by the Inhabitants of this Province, many of
whom have large old ffields, which have been Tobacco Plantations,
and tho' the ground be very rich, yet its jaded with Tobacco,
but expected may be very proper for Hemp ; the sowing and
reaping whereof, being about the last of March and October,
will be little hindrance to the Tobacco Manufacture, so that so
soone as the Planters can gett into a stock of seed, I hope some
considerable quantitys may be sent for England, and the further
to encourage it, the Assembly have enacted a Law for Hemp
and Flax to be currant in part-payment of debts in the country.
Masts, yards and bowspritts will at present, while the ffreight
of Tobacco goes so high, (tho' enough to be had here) be only
supply 'd from New England and the usuall places where the
shipps go to ffetch them ; Many people are aiming at rozin,
pitch, tarr and turpentine, and believe will send home some
pitch this shipping. But tho' we have in many places great
quantitys of pines that will afford all these, yet for want of skill
in the tapping, drawing off, and otherwise burning the tarr-kilns,
AMERICA AND WEST INDIES. 195
1706.
it is complain'd of to be too hott for the ropes, which might be
easily corrected by art. There is another Law the Assembly
were pressing to have enacted, prohibiting the exportation of
European commoditys hence to the neighbouring Plantations
for some small time ; Tis true it bears out a very indifferent
countenance, as seeming to lay a restriction on Trade, but hope
it will plead its excuse by informing your Lordships how pressing
the extreme want of cloths and bedding is at present in this
Province, tho' our labour and industry are equally as great as
when the merchants were willing to supply us with goods at
the prime cost, for which the most moderate now exact one,
and the generally two cents. And our diligent neighbours,
the New Englandmen, against which this Law is level I'd. for
ffish, rumm and wooden ware, take the oppurtunitys of purchasing
considerable quantity* of our Tobacco, and leave the same ready
against the out-port vessells come in (being the only Trade that
supply us with goods now, the London shipps generally coming
empty) to purchase whole shipps' loadings, which they imediately
export to New England, to the great disappointment and dis-
satisfaction of our gaping Planters ; the merchants being willing
to deale where they can purchase their full cargoe, rather than
straggling hogsheads. Many licentious persons here presuming
to many againe, their former husbands and wives living, on
whom the Statute of Bigamy, primo Jacobi primi, by the very
words expresly confin'd to H.M. Kingdom of England, seem'd
not to take hold, the Assembly have declar'd the pains and
^Forfeitures thereof to be in force with us, which was most
absolutely necessary, in regard there is no Ecclesiastical Judge
here. In the same Law they have also declared the Penall Laws
of England, with respect to the Tolleration granted H.M. protestant
subjects, to be in fierce ; which last was a blind jump in some of the
Assembly, who were a well-wishing party to the interest of the
Roman Catholiques here. And this will more plainly appear to your
Lordships upon perusall of the Journalls of the House of Delegates,
wherein may be seen how readily their Petition was granted
when preferr'd to the House, tho' in a most undecent dress, and such
as H.M. Councill here could not approve, tho' through the media-
tion of the Delegates we were induc'd further to expect H.M.
good pleasure for one twelve months.
Your Lordships will observe a Representation relating to Irish
servants, who are generally papists ; great numbers of which
have of late years been imported here, and some hundreds upon
a specious tho' false encouragement given them in Ireland by
Mr. Charles Carroll (one principally concern'd here for the Lord
Baltemore) or his Agents, who in that H.M. kingdom, printed
and dispers'd papers, assuring them of good tracts of land at the
head of the Bay, and free Tolleration and exercise of their
superstitious worship : And it having been in this Province
complain'd of and also represented to the House of Delegates
how busy those of the Roman Comunion were to make proselytes
of poor protestant servants, gotten into their hands by any
sinister means whatever ; They immediately resolved that a
196 COLONIAL PAPERS.
1706.
Bill should be prepar'd to forbid the sale of any Protestant servants
to any of the Romish Church ; Which was presently understood
by the Roman Catholicks. They used such means by their friends
and partys to have the Bill clogg'd with another clause to inhibitt
all white servant women from working in the Tobacco cropps,
which I was advis'd would be of diminution to H.M. Revenue,
therefore could not consent to it. Upon my first arrivall in this
Province, I had no sooner met H.M. Councill, but severall
complaints were brought me, of the audacious misbehaviour
of the Romish Clergy in this Province, and particularly two
presentments from St. Mary's County Courts against two Priests,
William Hunter and Robert Brooke, for saying publick Mass in
the City of St. Mary's, the County Court then sitting there. And
well knowing my Instructions to be no ways in favour of them,
but that they were particularly exempted out of H.M. gracious
Tolleration, H.M. then Attorney Generall, Mr. William Dent,
since deceased, seeming to be uncertaine what the Courts and
Juries might do in this respect, I sent for them before myself
and H.M. Councill, where I check'd them for their insolence,
and very fairly caution'd them to take care of comitting any
further irregularitys, assuring them that they should not go
unpunish'd, if proved, and so dismiss'd them for that time. The
whole Country were so sensible of the indirect practices used
by those Gentlemen, that this Generall Assembly, upon their
first meeting, prepar'd and sent up a bill to curb their
extravagancy, which H.M. Councill and myself thought but
reasonable, and notwithstanding the mediation of a great part
of the House of Delegates (whose interests in lands are consider-
able) to procure a suspension of that Law, yet it is evident the
Jesuites and Roman Catholicks are so farr from amending their
behaviour, that they rather value themselves upon their being
able to make partys in the House of Delegates ; their superstitious
zeale on all occasions pouring itself forth agt. the Government,
with most bitter and invective railings, the very quintessence
of their Religion : Nay the very common sort and children are
so degenerate and seduc'd by the Jesuites, that they rather wish
and pray for, than H.M. success, that of the greatest of Tyrants.
I put the Assembly in mind to inspect the Receiver's accounts,
upon perusall whereof they find that 260/. of the 3d. per hhd.
given by his late Majesty, for purchasing arms and ammunition
for the defence of this Province, had been misapply'd (as your
Lordships will perceive by the copy of the Address to the
Rt. Hon. the Lord High Treasurer, at the end of the Journall
of the House of Delegates). I humbly offer the same to your
Lordships' consideration, and that you will please to take notice
thereof, ffor tho' there may have seem'd to have been a necessity
for expending the money, yett without doubt it is not according
to the Royal Instruction. Wee have also presum'd to preferr
our most humble Address to H.M., to grant us some small species
of base copper coine (copy of which Address, together with the
proposall your Lordships will see in the Journalls of the Councill,
and of the House of Delegates), and at this time, now we are
AMERICA AND WEST INDIES. 197
1706.
unanimously bent on Towns and Port**, such a small summ as
we propose seems most absolutely necessary to be currant here,
in order to defray the petty charges of boatage and bringing
our Tobaccoes to Towns, for the more ready dispatching of the
shipping ; and in regard it is not proposed to be anywhere else
currant, or for any great summ, we humbly hope your Lordships
will approve and recommend it to H.M. flavour, ffor unless we
have small ready cash, we can never pretend to ports or Towns,
and now especially, seeing the French and Spaniards are so potent
and industrious to annoy these American parts. I doubt not
your Lordships will judge it convenient H.M. subjects of Virginia
and Maryland, as well as other Country*, should live in such a
community, that they may have some place to resort to, and
be able to defend each other, should they be insulted by their
Enemys. According to your Lordships' directions, I laid Sir
Thomas Laurence, H.M. Secretary of this Province, his Representa-
tion before the House of Delegates, for them to make answer
thereto, and upon their Journall they say they have fully answered
the same, which is transmitted to your honourable Board. At
present there is a considerable ffleet of merchants' shipps in Virginia
and Maryland, and perhaps the greatest that ever has been known
these many years. The additionall convoys expected, being
so long detain'd, lays the Trade under great disappointments,
which might very well have sail'd hence in May, and now will be
forc'd to summer in the country, and perhaps undergo a winter
passage, which may be of great detriment and hazard. The
Inhabitants of this Province have suffer'd more this warr than
any other of H.M. Plantations, by the marketts in Spain and
Flanders being shutt up ; so that many considerable Planters that
have good stocks of Negroes, and live within bounds, complaine
they are scarce able to bring the years about and cloth their
Servants and Negroes. H.M. and her Allies' success in Spaine, I
hope, will advance our staple, otherwise we have no better prospect
than starving, for want of cloths ; for it's very inconsiderable
what is supply'd by the London merchants, neither have they
any great encouragement so to do, considering how much the
Country is already indebted to them, very many plantations
being mortgaged to them, of which there seems little probability
of redemption, considering the growing interest, tho' to men
in trade not equivalent to the use of their moneys. We were
lately alarm 'd by the French squadron and privateers that have
infested the West Indies, whereupon by the advice of H.M.
Councill, on May 20, I issu'd a Proclamation, and tooke care
to putt the Country into the best posture of defence I could ;
having gotten the shipping into the ffreshea, where it would be
very difficult to annoy them, and where the greatest fforce of
the Country might be easily drawne downe to their assistance.
But God be thank'd, we have heard nothing of the enemy, and
now are supply'd with a considerable reinforcement of arms
and ammunition, Col. Blakiston, our Agent, has lately purchas'd,
and sent us from England. Encloses copies of two French letters
intercepted in the prize La Francois, being all the letters that
198 COLONIAL PAPERS.
1706.
were found in her of any publick concerne, the one from the
Governour of St. Domingo to one of the French King's Councill,
and the other from M. Depaty to M. Du Gas, having sent the
originalls to the Secretary of State. I have sent the old Scale
of the Province to Col. Blakiston, etc. Signed, Jo. Seymour.
Endorsed, Reed. Dec. 3, 1706, Read Feb. 20, 170f. 8 pp. Enclosed,
470. i. M. de Paty, one of the Chief Officers in building the
Fort at St. Louis, St. Domingo, to M. Du Gas, at Paris.
Leogane, Sept. 6, 1705. Compliments and account of
trading on his behalf. Six months ago we expected
a King's ship called the Francois, who is to bring the
ammunitions needful. The Fort of St. Louis will be
finished in Feb. Within this month our cruisers have
brought in a great Bristol ship. The English squadron
that was this way, and did cruise a long time before
Cartagene, did take Capt. Gusin coming from Guinea.
We have letters from M. Leneaux that they are gone
back, etc. etc. Signed, Depaty. Endorsed, Reed.
Dec. 3, 1706. Copy. 2 pp.
470. ii. Governor of St. Domingo to M. De La Boulay, Commis-
sary General of the Marine at Paris. Leogane, Sept. 18,
1705. Refers to Fort St. Louis as in preceding. The
Garison lacks the complement of men. Provisions
are extremely scarce, so that M. Depaty fears work
on the Fort will have to be laid aside, etc., etc. Signed,
Auger. Endorsed as preceding. If pp.
470. iii. Journal of Committee of Accounts in the Assembly
of Maryland, April, 1706. Same endorsement. 16 pp.
[C.O. 5,716. ^os. 20, 20.i.-iii. ; and (without enclosures)
5, 726. pp. 401-415.]
Aug. 24. 471 . Mr. Secretary Hedges to the Council of Trade and
Whitehall. Plantations. Encloses following. I desire your opinion what
ordnance and stores may be necessary to supply them withall.
Signed, C. Hedges. Endorsed, Reed. Read Aug. 29, 1706. f p.
Enclosed,
471. i. R. Gary to Sir C. Hedges. Prays for cannon and
ammunition for Antigua as Lt. Gov. Johnson in letter
of July [No. 450]. Signed, Richd. Gary. [C.O. 152, 6.
Nos. 59, 59.i. ; and 153, 9. pp. 387, 388.]
Aug. 26. 472. Tho. Cottgrave and Jeffery Meriwether to Richard
Nevis. Meriwether. Mrs. Mary Helms hath her house, mills, coppers,
boyling house etc., which was left by the French, taken away
by our Governor, Col. Johnson, saying M. D'Abervill left it
standing for him, and that 'tis now his, and dares any person
to meddle with it etc. Subscribed,
472. i. Mr. Meriwether to Col. Jory. Prays him to lay
preceding before Sir C. Hedges " in favour of a young
gentlewoman to whom I am guardian " etc. Signed,
Rich. Meriwether. Endorsed, Nov. 1706. Extr. sent
to Col. Parke. 1 p. [C.O. 184, 1. No. 23.]
AMERICA AND WEST I \DIK8.
1706.
Aug. 28. 473. Governor Parke to the Council of Trade and Planta-
st. Chmto- tions. I have now visited all the four Islands, and have seen
out all the Militia of each Island ; at Antegua there is abt. 700 ;
at Montserratt there appeared I. nt 400, and not 10 swords amongst
them ; the Lieut. Governor told me there were in the Island 600,
but the greatest part of them are Irish Catholicks ; at Nevis
there did not appear above 150, there is on the Island about 250 ;
on this Island there arc just 450, but 30 of them are inhabitants
of Nevis ; the Queen's Regiment is 328 men, this is all the force
I have to defend these Islands with, and what is worse, if the Queen
will send us more men we cant keep them ; the country allows
1 2d. a day to each soldier, and in proportion to the officers, wch. is a
burthen they complain of very much ; all wee propose by troopes
is to have enough to releive the severall guards ; and one Island
cant assist the other ; 'tis true Antegua being to windward may
assist the rest, if they had timely notice, but the French can
make a detachment of 2,000 men, and in one night's time be with
us. Oct. 4 is the day for the Nevis men to pay the 1,400 negroes ;
what I shall do I know not ; they cannot comply with it, and if
they could I think they ought not, for after ye forced capitulation
the French burnt and destroyed all they could not carry off ;
I will take all the soldiers and be wth. them myselfe ; I will
run the same fate wth. them ; if I have my brains knokt out the
the Queen must send some other unfortunate Divel here to be
roasted in the sun, without the prospect of getting anything ;
if I am taken prisoner I hope your Lopps. will gett me exchanged ;
In short, these Islands are so small, they will not maintain-
inhabitants enough to defend them ; the only way to help us is
to distroy Martineco ; it leys to windward of us, and is large
and populus ; if the Queen will send forces to distroy that, we
may be secure, or if she wou'd take Porto Rico (wch. is a large
healthy Island) the Inhabitants would remove and settle there ;
I hope if there comes any forces, your Lopps. will gett me the
second command, if not the first ; and one of the Regiments ;
wch. will make me some amends for the fateague I have undergone
and must undergo. I think I have the good Fortune to please
the people, except Col. Codrington ; yr. Lopps. gave me an Order
of the Queen in Councill to serve on him, I was allso ordered by
my Lord Treasurer to demand the prizes of the last warr ; and
'tis in my Instructions. Since I told him of these, he has opposed
everything, and is just as troublesom as I told you he would be ;
I hope to deel wth. him well enough for his arbitraryness when
Genii., and his covetuousness ever since had made him generally
hated ; I desire yr. Lopps. to send me a coppy of the Order of
Councill for limiting the grants of St. Christophers, yt. is the
French ground ; for Col. Codrington has granted all without
any lemitation. I hope yr. Lopps. will gett us some great gunns
and stores. Wee want 40 or 50 large wnole culverins to protect
our Harbours ; our merchant ships are forced to keep watch
and their gunns loaded for fear of being taken away by privateers ;
the armes Sir W. Mathews brought, the French broake them,
not thinking them worth carrying away. I hope what are sent
200 COLONIAL PAPERS.
1706.
may be good ; lett them send byonetts wth. the musketts, and
to screw on uppon the mussells, and slings to them, all London
made and tryed. I desire yr. Lopps. to give me leave to give
you my case. When I brought the news, the Queen promised
to provide for me ; I had this post given me, was a year before
I could gett a transportation ; I was carryed to Barbados where
I fell sick, I found my Government pluniW'd ; I have had the
plague, have four distinct Governments, I must be a continuall
vagabond goeing from one to the other, Nevis being 1 8 leagues from
Antegua, 1,200?. the year in a dear country ; I hope yr. Lopps. will
not envy yr. Lopps.' obedient humble servant, Daniel Parke.
I would have allowed yr. Lopps. more paper if I \ad had it ;
I had much ado to gett this [a different sheet of paper] being found
by the pacqt. in a poor plunder'd Island ; had the paiper held
out, to the rest of my afflictions I would have added Col. Coorington.
I hope I shall do my duty and please the people till the Queen
will provide for me better; I hope yr. Lopps., will excuse \\hafs
amiss, for I am almost erased wth. the fateague, the hott weather,
and my feaver, wch. I have been quit of but three dayes. I
compair my post to yt. of a Serjeant wth. 12 men uppon an
advanced post ; allwaies allarmed ; wee are so frightned, every
two or three slupes wee believe is another French Fleet, and 1
must mount tho' at midnight ; I am deservedly punished for
desiring to be a Governor. Endorsed, Reed. Oct. 31, Read
Nov. 12, 1706. Addressed. Postmark. Holograph. 5 pp.
Enclosed,
473. i. Account of H.M. Regiment of Foot in the Leeward
Islands. St. Kitts, Aug. 27, 1706. Total, 328.
Endorsed, Reed. Oct. 31, 1706. 1 p. [(7.0. 152, 6.
Nos. 63, 63.i. ; and (without enclosure) 153, 9. pp. 400-
405.]
Aug. 28. 474. Governor Parke to Mr. Secretary Hedges. Acknow-
St. Christo- ledges letter. I will send accounts of H.M. successes to the French
phers. Islands and the Spanish West Indies. The people of this Island
and Nevis are obliged to H.M. for her care to send them provisions
and stores etc. Repeats parts of preceding. These Islands are a
vast advantage to England, the export of their sugars brings
great sums from Europe to England, besides the peices of eight
that are sent thither. If the Queen thinks it worth her while
to preserve them, she must send a force to take or destroy
Martinico, Marygallant, Gaurdilupa, and Grand-Terre. 6,000 men
would doe it, etc. Proposes details and offers to comma.nd. As
bad a soldier and ingineer as I am, I dare undertake to take all
the French Islands or be content to be hanged. ... Or if
H.M. will send us 3,000 men and siege materials, we will take
Porto Rico, etc. The people would be glad to remove thither,
and by one of the Articles in the Grand Alliance, whatever we
take in the Spanish West Indies, we are to keep. By either
of these projects, England would be the staple for sugar. For
if the French Islands were taken, that would give it us. If we
had Porto Rico, the land is soe good, the Island soe large, timber
AMERICA AND WEST INDIES. 201
1706.
enough for building and ca*ke, in 7 ve could make sugar
Me rhe;t) J1S lii I..' .llil. In l.lliler-i II thi I'lil.rh we eoill.l |..e
it for half tho charge we are at hen. linn \\.- should have
everything of our own. On these Islands we buy all our timber
and provisions. Porto Rico is a much l>< t u r Island than Jamaica,
for it is tho most healthy Island in America ; if we had that
Island, we should draw numbers of people from the barren land
of New England, who are there of noe service to England, Kut
the contrary, and in Porto Rico every man would be worth to
England at least 20/. per annum etc. I hope the Queen, when
she releives Whetham s Regiment (which is five times better
to him than my Government) will let me have the command
of the next that comes. It would be much better to break this
Regiment (and give Whetham another), and put it upon tin-
same foot as last warr, 5 companies of 100 each ; the General
to command as Collonel, and each company to have a Captain
and two Lieutenants. For 'tis a great burthen to the people to
provide quarters for soe many officers, and they can't well keep
above 500 men, for the Islands allowfs] to every soldier I2d. the
day, wch. is a vast charge, and without it the soldiers can't live,
everything here is soe very dear ; if the Queen would send them,
wee can't keep men enough to defend us. We onely desire
500 men, which are enough to relieve our severall guards.
Col. Whetham has not been here 4 months in the 5 years.
This will save the Queen a great summe of money, and be more
agreable to the Islands ; for if you relieve this Regiment with
another, the Colonel and Lieut. -Col. and perhaps the Major
and great part of the officers will make interest enough to stay
at home, or if they doe come, they will stay but 2 or 3 months,
therefore the Queen might as well save the charges of those officers,
etc., etc. Signed, Daniel Parke. Endorsed, R. Oct. 30. 7J pp.
[C.O. 239, 1. No. 12.]
Aug. 29. 475. Governor Parke to Mr. Secretary Hedges. This being
St. Christo- the Day of Thanksgiving for the glorious success of my Patron
phera. ^ ne j) u k e O f Maryborough, we did as heartily rejoice as any other
H.M. subjects, tho' at present under great calamity. After
the Queen, Prince and the Duke's healths were drank and eat
as good dinner as we could gett, the Lt. Gov., Councill and Assembly
brought me the enclosed address to the Queen, which please
to present to Her and put into the Gazette etc. We are
loyall, tho' poor, and indifferent honest tho' at present in great
want of arms, stores and everything that is fitt for the use of
man. Signed, Daniel Parke. Endorsed, R. Oct. 30. 2 pp.
[C.O. 239, 1. No. 13.]
Aug. 29. 476. President and Council of Virginia to the Council of
Virginia. Trade and Plantations. It is with unaffected grief we give your
Lordsps. the trouble of a few lines on this sad occasion, to acquaint
you with the death of H.E. Edward Nott, who after 9 days sick-
ness dyed of a Fever, Aug. 23. He was a Gentleman of a very
happy temper to cure our Divisions ; and managed whatever
202 COLONIAL PAPERS.
1706.
was proposed for H.M. service in Council and Assembly with
great satisfaction and success. The Government, devolving
on the Council, we assure your Lordships of our utmost endeavours
to manage it to the best advantage of H.M. service, and the
quiet and peace of this Colony, which we doubt not we shal be
able to preserve till H.M. shal think fitt otherwise to dispose
of that trust. Our great Concern for the good of the Country
in the present circumstances makes us heartily wish that H.M.
may be so happy as to find a person of the same ability and good
temper to succeed Col. Nott, to perfect the work of our Union,
and the other good designs he had successfully begun, and would
undoubtedly have finished, had it pleased God to have allowed
him a longer continuance amongst us. Signed, E. Jenings,
Presidt., Dudley Digges, Benja. Harrison, Robert Carter, James
Blair, Philip Ludwell, Wm. Bassett, Hen. Duke. Endorsed,
Reed. 20th, Read 26th Nov. 1706. 1 p. \C.O. 5, 1315. No. 33 ;
and 5, 1362. pp. 66, 67.]
Aug. 29. 477. President and Council of Virginia to the Council of
Virginia. Trade and Plantations. The price of tobacco being of late so
strangely sunk in many places of this Country, that the Planters,
not being able to live by it, have betaken themselves to the
manufactures of flax and cotton and wool, which we apprehend
will prove very detrimental to H.M. in her Revenues, and to the
trade of England, Upon mature deliberation, we have judged
it necessary humbly to offer to your Lordps. our thoughts for
the preservation and improvement of both, for H.M. and the
Country's service. The great fall of that commodity here is
occasioned by the bad returns the Adventurer has for it when he
sends it for England, and the lowness of the market there is
occasioned partly by the necessitys of the war, which stop up
many of the usual markets and Ports, and partly by the divisions
amongst the English merchants trading in tobacco, who by their
disunited councels and interests cannot contribute so effectually
to the support and management of it as if there were a better
understanding amongst themselves, and a more unanimous
concurrence for the general good. As to the war, we are sensible
that we must patiently wait for the blessing of peace to open
the trade in the several ports and markets where it is at present
shut up. But for the other no less dangerous inconveniency
we are humbly of opinion that if, instead of the many Runners
and Letters of marq-men, and little scattering Fleets with weak
convoys continually disturbing the market at home with un-
seasonable new supplyes before the old are half spent, and
starving the Planter here with small quantitys of goods, sold at
exorbitant and excessive rates, there were but one good Fleet
in a year with an able Convoy ordered to sail from England
yearly about the moneth of September, and to return from
Virginia .before the last of April following (at which time the
latest tobacco may be ready) and before the sickness seizes their
men, and the worm eats their ships, this method would be
attended with abundance of good consequences for the benefite
AMERICA AND WEST INDIES. 203
1706.
of the Trade. Time would be allowed for the consumption
of one year's crop before the markets were troubled with another,
and the plenty of ships and goods in this country at one turn
would make tobacco to be more in demand and goods more
ll nteous and vendible at more reasonable rates, and the carriage
more safe and secure before the winter, which season proves
commonly fatal to the Fleets, and impossible to keep Convoy
in. All which we humbly conceive, and in great measure know
from experience would have a good influence on the Trade and
H.M. Revenues arising thereby. And therefore we humbly
pray your Lordships' assistance etc. Signed and endorsed <u
preceding. 2 pp. [C.O. 5, 1315. No. 34; and 5, 1362. pp. 67-
69.]
Aug. 30. 478. President and Council of Virginia to the Council of
Trade and Plantations. Refer to letter of Aug 29. We now
lay before your Lordps. an account of such material transactions
as we conceive necessary, together with the public papers and
Journals of Council and Assembly. Your Lorps. will herewith
receive the whole body of Laws passed in this Assembly. This
has been a work of much labour and charge, and we hope is now
brought to a good effect. We shall not here trouble your Lordps.
with particular observations on them, since we have in the Council
Journal made Remarks upon the most material, and given our
reasons to his late Excellency why we thought them fitt to receive
his assent. There were some other laws intended by the Assembly
to have made a part of this Body, which your Lordps. will
perceive by the Journal H.E. did not think fitt to pass, as namely,
the Bill for establishing the County Courts. The reason H.E. was
pleased to signify to us for refusing of this Bill was, that- your
Lordps. had struck out these words (by advice and consent of
at least 5 of the Council) which the Assembly had altered into
(the advice of the Council or 5 of them at the least) but would not
altogether depart from, and therefore he designed to wait for
your Lordps.' further directions whether he should pass it or
not, if offered in another Session of Assembly, being a Bill of
great consequence to the Country. The next is a Bui repealing
a clause in the Act of Indemnity made after Bacon's rebellion,
on which H.E. was pleased to acquaint us, that if your Lordps.
thought it convenient for H.M. service, he had no particular
objection agt. it on his own part. There was a third Bill for
the liberty of the subject, upon which your Lordps. having noted
that it was not to be passed, the Council were of opinion it \\a>
not safe for H.E. to pass it, tho' as Upper House of Assembly
they had concurred to the Bill. Upon this head of the laws,
we beg leave to answer a paragraph of your Lordps.' letter, March 1
last, in relation to the diminishing the allowance to the Masters
of ships out of the 2. per hogshead, which came to hand since
the prorogation of the Assembly. When H.E. gave your Lordps.
an account of that abatement, the House of Burgesses had
reduced it to 5 p.c., wch. we thought was indeed too small, and
would willingly have had it continued as formerly, had we not
204 COLONIAL PAPERS.
1706.
plainly perceived that our endeavors for it with the Burgesses
was like to prove unsuccessful, wch. made us propose 1 p.c. more,
and accordingly obtained it to be passed as it now is, at the
allowance of 6 p.c. We never apprehended that the augmenta-
tion or diminution of this allowance would be any greater or
less encouragement for making due entries, tho' that be one reason
expressed in the Law ; for the Masters being to give account
of their lading upon oath, and also lyable to a penalty if they
make a false entry, that obligation will have greater influence
on their honesty, than any encouragement, since they will always
gain more by making a false entry if they can escape with it,
than the encouragement of 10 p.c. out of the duty. And as
for the other service for which the allowance of 10 p.c. was given,
viz. the paying the dutys of the ship in one entire sum by their
own bills of Exchange, we are humbly of opinion that the present
allowance of 6 p.c. is enough, for it is not now so difficult to procure
bills of Exchange in the Country as it was formerly, and Masters
of ships do at this time very rarely give their own bills for the
dutys, and have very little trouble in the payment thereof. There
is another clause in the bill concerning the measuring of ships,
in order to the payment of the tunnage, wch. we apprehend
will meet with opposition from the Merchants at home, and
therefore to obviate anything which may be alledged to your
Lordps. on their behalf, we humbly take leave to acquaint your
Lordps. that besides the direction the Assembly had in this
matter from an Act of Parliament (Wm. Ill) (which they have
literally followed as to ye manner of measuring ships) and the
like practice in Barbados, we are well assured that several ships
are registred at a much less burthen than they really contain,
and some lately have received new Registers for less than their
former Registers expressed, which gave great occasion for this
manner of ascertaining that Duty. Another thing there is in
this Bill which we should not have troubled your Lordps. with,
as being really a trifle, had not Coll. Quary told us in Council
that he intended to complain of it. The Burgesses observing
that the ascertaining the Council's sallary, wch. had formerly
been provided for in a particular Law, was ommitted in the
Re visa! , did add a clause to that purpose in this Bill, but restrained
the payment of this sallary only to such Councelors as now are
or hereafter shal be resident within this Colony for the space
of 3 years. Coll. Quary alledges that this w r as particularly pointed
at him, in derogation of H.M. prerogative, who had appointed
him of her Council here. Whatever might be the design of
the Burgesses in adding this clause, we do assure your Lordps.
that we had not the least thoughts of any prejudice to Coll. Quary,
nor do we take the meaning of that restriction to be any other
than that the office of one of H.M. Council, which is of the greatest
trust in the Government, both as a Judge in the General Court,
and as a Member of the Assembly, should be committed to such
persons whose residence in the Country for the above-mentioned
time hath made them sufficiently acquainted with our Laws,
and the small sallary allowed for the usual and constant attenders
AMERICA AND WEST INDIES tiM
1706.
of that tervioe. Your Lordps. will amongst tin- other Liwa
receive that for building a house for (he (iovernor, and a fund
of .'{.IMlli/ ix ,'ppn.piiated for that u-e. We hope thi-* teMn
<>f duty and of* \\rii. the country have -houn to II \I
il Commands \sill I :<>n>ly accept* 1 In tin- ( '<
Journal your Lordp- \\ill see the proceedings on tin- dispute*
that ha<: in relation to tin- Itlackuater land, and the fin.il
di tcrmin ition of tin- l.i-t and great - ahout tli.it
land. <o that long before ye arrival of your I letter of
March 1. directing the continuance of the re-trietion on that
land, all the disputable entry- \\tn- finally adjuHted and some
fe\\ pat- nt- -i'jii'.l The HOII- of Kurgesses having addressed
the late Governor for laying open that, and the land in I'amunky
Neck, H.E. was pleased to promise them that he would lay it
open accordingly, and had recommended to us to consider of
a proper method for the more regular taking entry*, hut your
Lordps.' letter determined him otherwise, and accordingly we
shall not permitt any lands to be taken up or surveyed t
or any more patents to he i-Mied for lands already surveyed
on the Blackwater, until your Lordps. shal signify your further
directions therein. And now that we have occasion to mention
this of the Blackwater land, we humbly offer to your Lordps/
consideration the inclosed account of the manner of taking up
and patenting land in this Colony, wch. was the result of a reference
made at the last Council before H.E. death, and reported to
us at our Meeting yesterday by the Gentlemen to whom it waa
referred ; wherein are offered several reasons for taking off the
restriction on the out-lands, as tending to H.M. sen' ice. the
advancement of the Revenue, and the benefite of this Country.
The latter part of your reference to patenting of land, was
communicated to us by his late Excellency at the Council In-fore
his death. The Governor, after having inspected his Instructions,
did declare to us that he did not find among them any other to
wch. your Lordps. ' letter seemed to refer, but one which contains a
proposal of a new method of grant inn land. We were then, as now,
doubtful whether your Lordps.' letter did refer to that Instruction,
which was only a proposal of what H.M. judged proper for her
services if the circumstances of the Country would admit t it.
but was never put in practice, as being inconsistant with our
Charter and Laws, and the conditioas so impracticable that no
man would ever take up lands on those terms, while there is
land to be had in the Propriety Governments much more easily.
H.E. then declared that he would not sign patents for any lands
until your Lordps. should further explain the meaning of that
paragraph, and we shall also continue the same resolution, and
numbly pray speedy directions in this matter, because the delay-
ing the signing of* patents may create uneasiness among the
people. It is the misfortune of this country to be hounded to
the Southward with a Propriety Government, and those con-
cerned therein are always watching opportunity* of extending
their bounds, to the prejudice of thi- H M. <'"l>ny. The bounds
of Carolina has for a long time been contested, and some
206 COLONIAL PAPERS.
1706.
endeavours used from time to time to bring that matter to an
accomodation, but no progress has yet been made therein. The
fresh encroachments made by that Government obliged the
Burgesses of the last Assembly to address the late Governor to
have the bounds laid out, wch., had he lived, we believe he would
have endeavoured to oblige the Governmt. of Carolina to agree
to, and to bear their proportion of that charge that must
necessarily accrue thereon. All that could be done in the mean
time was to write to the Governor of Carolina to prohibite the
like encroachments for the future, untill the bounds be settled,
Refer to Council Journal. We shall only observe that while a
restriction continues on H.M. land, and at ye same time the
Proprietors have land so near to be taken up on easier terms,
they will draw to them many of the Inhabitants of this Colony,
who would otherwise be rather desirous to take land of H.M.
This Country was under a very great consternation upon the
news of the French Fleet, and the ravages committed by them
in the West Indies. We do not think an enemy would ever
attempt this Country for any benefite that might be hop'd from
the spoil of it, but our Fleet of mercht. ships having at that time
so considerable a concern to the Crown and the trade of England,
and so much of the estates of the Inhabitants on board, we could
not but be under very great apprehensions, when we considered
how much they were exposed to danger. H.E. took ye best
methods he could to prevent surprize, but your Lordps. will
perceive by the Representations of the Masters of ships (Council
Journal), how little he was able to prevail with them ; and the
case will still be ye same while they are at liberty to ride where
they please. We shal not presume to offer our opinion upon
the Fortifications proposed by H.E. for the defence of the ships,
because we are assured of the sincerity of his intentions and
that he was a much better judge than we of the expediency and
use of them ; and shall only acquaint your Lordps. that the
House of Burgesses, having given their opinion of the inability of
the Country to build such Forts, and concluded that they hoped
H.M. who had been so gracious to her other Plantations as to apply
to that use her whole Revenue of Quit-rents, would also consider
this country in that particular, H.E. thereupon promised that
he would represent it to H.M. (Assembly Journal). We therefore
humbly submit it to your Lordps.' consideration. In the Council
Journal your Lordps. will observe that there is a dispute depend-
ing with the Proprietors of the Northern Neck, who pretend
to a neck of land lying in the fforks of Rappahannock, their
grant giving them a tittle to ye utmost banks of that River. A
survey is to be made of the two branches thereof in order to
discover wch. may be properly called the Main River, and as
soon as a report thereof is made, we shal humbly offer to your
Lordps. what we conceive necessary for H.M. service thereupon.
We send a copy of the examinations of several witnesses upon
oath in relation to one Capt. Pitton, Master of the Factor of
Biddiford, who being accused and seized by Capt. Lowin of
H.M.S. Advice for piracy, in taking out of a vessel belonging
AMERICA AND WEST INDIES. 207
1706.
to Dantzick some casks of wine, these examinations were taken
in order to have brought him to tryal pursuant to the Act jar
suppression of Piracy, but nothing being made out to ground the
said trial, he was discharged. This Pit ton has a letter of marque
and is under bond in England to answer what he shal act by
vertue thereof, and is in all other respects a fair and legal Trad
his owner being a considerable merchant in Biddiford. If on
this occasion we have committed any mistakes or omitted any
thing well, we ought to have communicated, we humbly hope
your Lordps. will impute it to our trouble and concern on this
sad and unexpected accident and the hurry we are in upon the
departure of this Fleet so suddenly thereafter, etc. Signed and
endorsed as preceding. 1 pp. Enclosed,
478. i. An account of the method of taking up and patenting
land in Virginia, with reasons for the continuance
thereof. Quote Charter of Charles II etc. 50 acres
of land to be granted to every settler etc. Thus the
method continued till 1699, and then several persons
having rights to lands in Pamunky-Neck and on
ye South side of the Blackwater Swamp, who could
not well procure legal rights for patenting thereof,
and the Treasury of the Country for support of the
Government being very low, a method was established
of selling those rights at a certain rate for money
to be paid to the Receiver of the Revenues for the use
of the Crown, to witt, that whosoever would pay S.,
should have the same right to take up 50 acres that
he might otherwise have had for the importation of
any person into this Colony. But the method of granting
lands for importation was never pretended to be taken
away but still continues. And at the last session of
Assembly, it being observed that that addition to the
Revenue of selling rights had been a good help to it,
it was thought convenient to limit the taking up land for
importation as much as well could be, and to establish
the aforementioned method of selling of Rights by Act
of Assembly, and thereupon in the Act for settling
the titles of lands etc., that matter is settled in such
a manner as will be considerably beneficial to ye Crown.
When any person had a right to take up and patent
any land, the usual way was for him to make the discovery
of some ungranted lands, and then to go to ye Surveyor
of the County where it lay and make an entry thereof
and of his rights for it, and thereupon ye Surveyor
laid it out for him, and returned a survey of it with
the rights to ye Secretary's Office, upon which a patent
was prepared, and signed by the Governor with the
advice and consent of the Council, and ye seal of the
Colony was then put to it, wch. made the Grant perfect.
And if several persons made entrys for lands in ye same
place, the first entry (being legally made) was preferred
according to ye number of rights, and if there was any
208 COLONIAL PAPERS.
17^6.
more land, the other entrys in order, according to their
number of rights respectively were satisfyed as far as
the land would go, so that the bigness of the entry
was limited by the number of rights entred. It has
been objected (1) that the people are already too much
disperst, and it would be better if they were collected
within a narrower compass ; (2) that it may administer
occasion of disputes with the Indians ; (3) that entrys
have been made by some persons for very great quantitys
of land, wch. they cannot possibly seat and plant as
they ought (in reason) to do. But the answers will
be obvious. (1) It is a matter of the greatest difficulty
to restrain and collect our people into a narrower
compass of ground, or even to contain them where
they are, for as the country grows more numerous
the poorer sort of people will always be desirous to
settle further out for the conveniencys of new settle-
ments, as great plenty of game, good range for their
stocks, and ye choice of the best of the land to work
upon, and daily experience tells us, that if they are
restrained here, they will leave the country and go to
other places, where they may be indulged in all the
priviledges of this nature they can desire. (2) There
can be no disputes or controversys with the Indians,
for we have no Indians near us but our Tributarys,
and they have lands laid out and assured to them by
Law, according to ye Articles of Peace made with them.
(3) The late Law for settling ye Titles to lands doth lay
sufficient restraints to prevent any persons taking up
too great quantitys for the future ; and for the entrys
already made by persons who have not obtained
patents, there are not any of them extraordinary. It
has indeed been said that on ye South side of the Black-
water and upon Nottoway River, there are very
extravagant entrys made, and the lands in those parts
not being very well discovered at ye time of making
these entrys, it is likely that ye bounds of some of these
lands entered for, may be so imperfectly sett down as to
give colour for this objection : but if enquiry be made into
ye number of rights entered, wch. must always limit
ye quantity, it cannot be made appear that there is
any one entry in those parts for 3,000 acres in any one
tract, or that any of the entrys that have been made
for land in those parts since 1700 have amounted to
more that that quantity (except one tract of about
4,500 acres, wch. is already patented and seated), tho'
it cannot be denied that some few greater entrys were
made before that time. Nor is the patenting of great
quantitys of land so great a prejudice to ye Crown
or the Country as it has been represented, for it is evident
that no great tracts can be taken up, but that a
considerable quantity of very bad and useless ground
AMERICA AND WEST INDIES. L'<, .
1706.
will be within that bounds : and if ye taking up of
land were solely restrained to small quantitys, people
would pick out the best, and leave the interjacent poor
land altogether \\.i.-t . \scli. now yields ye sanu Quit -rents
to H.M., tho' perl nip* it affords no other benefite to tin-
possessor, or ever will, except only a larger range for
his stock.
For the continuance of the established method, it is
humbly ofTerred (1) That several people have rights
to land by the importation of persons into ye Country
according to Law and the Charter. (2) Since tin-
establishment of the method of selling rights for money,
several people have expended their moneys to purchase
such rights, and now the Government hath received
their moneys, to deny them their proportion of land
would be to defraud them etc. (3) If people cannot
have land here upon reasonable terms, they can easily
remove into other Countrys where their labour is not
so beneficial to ye Crown, and where all possible encourage-
ment is given them in this particular. This we see
verifyed oy daily experience in the great numbers
of people that have removed lately and are now just
upon ye remove into Carolina. (4) H.M. Revenues
will be considerably improved both by the money
arising upon ye sale of rights, and by the Quitt-rente
for the lands after they are patented. (5) Entrys
have been made for several parcels of land on ye South
side of the Blackwater and upon Nottoway River,
and some persons have had their lands surveyed and
obtained patents for them, but others that had ye
same equitable pretensions have not yet had such
surveys and patents, and it seems unequal not to grant
ye same liberty to those persons that had ye same
right. (6) As to ye lands on ye South side of Nattoway
River and on Manerin River, where the bounds of the
Countrys are not settled, we see that ye Government
of Carolina have already taken upon them to dispose
of those lands as their own, and people are now seating
there by vertue of those rights, the necessary consequence
whereof seems to be that it will create a controversy
with that Government and at last perhaps it will be
found expedient rather to confirme those lands to the
possessors than to drive so many familys as will be
seated there from their habitations, and thereby H.M.
will lose the money that would arise by ye sale of the
rights for taking up those lands, and by the quitt-renta
that would be due for them in ye meantime : and in
ye end it will (most probably) be ye occasion of much
trouble and charge in settling tne bounds between
these Countrys. All which inconveniencys may now
be happily prevented by permitting these lands to be
taken up according to ye legal establishment, for people
Wt. 4912. C H
210
COLONIAL PAPERS.
1706.
would willingly take grants under this Government,
if they might have them. A true copy, Signed, Wil.
Robertson, Cl. Con. Endorsed, Reed. Nov. 20, 1706.
3| large pp.
478. ii. Depositions of Saml. Selden, gent., Henry Linton,
tobacconist, and several of the crew, taken before the
Commissioners for tryal of Pirates upon a complaint
against Thomas Pitton, Master of ye Factor of Biddiford,
exhibited by Capt. John Lowin, H.M.S. Advice. The
Captain overhauled a hoy from Danzic on his voyage
out, and took therefrom several casks of wine, for which
some say he paid. Endorsed as preceding. 7 pp.
478. iii. Copy of an Act of Virginia for establishing County
Courts, etc. 1705. Endorsed as preceding. 18| large
pp.
478. iv. Copy of an Act of Virginia repealing part of an Act
of 1680, of free and general pardon, etc. Endorsed as
preceding. If pp.
478. v. List of Patents for lands
County.
Surrey
Prince George
Essex
Eliza. City
?>
New Kent. .
5?
Henrico
Princess Anne
5>
Norfolk
King and Queen
Accomack .
Gloucester .
Nanzemond
Isle of Wight
signed in April, 1706 :
Acres. Granted to
1,000 Francis Clements.
50 Joseph Proctor.
580 Win. Cocke.
150 Tho. Bentley.
1,000 Benja. Harrison.
180 Tho. King.
150 Wm. Rhodes.
200 Nicho. Smith.
16 Richd. Bland.
43 Richd. Bland.
171 Edwd. Barrow.
1,234 Gavin Corbin.
65 Tho. Merriweather.
103J John Harper.
100 John Harper.
1| Robert Taylor.
274 Wm. Mallory.
1 , 900 Dudley Digges.
850 Roger Thomson.
1,468 Charles Evans.
570 Richard Cocke, jr.
447 John Carraway, senr.
176 Thomas Wiles.
150 William Maund.
45 Thomas Cherry.
211 Jane King.
1,245 John Major.
500 Tully Robinson.
335 George Billops.
250 Wm. Parker.
380 Nicho. Fulgham [Fol-
jambe ?]
AMERICA AND WEST INDIES.
211
. 1706
County.
Northampton
King and Queen
James City
King William
Prince Geo.
Acres. Granted to
330 Tho. Smith.
546 John Hurt.
130 Nazth. Whitehead.
107 Orlando Jones.
{'I Robert Munford.
405 John Anderson and Robt.
Munford.
Col. Robt. Boiling, senr.
Thomas Corbin.
John Kimbro.
John Woraham.
Robt. Beverly.
Col. James Taylor.
Richd. Bland.
David Holt, minor.
Benj. Harrison, jr.
1,973
14 f.
1,091
190
120
2,763
5,644
300
4,583
Esher
King William
Henrico
Eliza. City .
King and Queen
Henrico
New Kent . .
Prince Geo.
These lands were surveyed by, Arthur Allen, Robt.
Boiling, Cha. Smith, Wm. Lowrey, Lemll. Newton,
Edwd. Scarburgh, Richd. Whitehead, Robt. Boiling, jr.,
Harry Beverly, Richd. Liggon. Dates given. Endorsed
as preceding. 2 pp.
478. vi.-xii. Proclamations by Governor Nott. (1) Continu-
ing officers, Aug. 15, 1705 ; (2) dissolving the Assembly,
Aug. 16, 1705 ; (3, 4) publishing the Acte of Parliament
prohibiting trade and to prevent traitorous corres-
pondence with France, and for encouraging Naval
Stores, Nov. 28, 1705; (5) for the better securing of
shipping, upon news of the attack upon Nevis etc.,
May 10, 1706; (6) for a General! Thanksgiving on
April 23, for Marl borough's victory in the Spanish
Netherlands, Feb. 27, 170f ; (7) proroguing the
Assembly till April 23, Aug. 8, 1706. Signed, Edwd.
Nott. Copies. 9 pp.
478. xiii. Proclamation by the President and Council of
Virginia. Continuing officers and magistrates, upon
the death of Governor Nott, Aug. 27, 1706. Signed,
E. Jenings, President, and by 7 other Councillors.
Endorsed, Reed. Nov. 20, 1706. Copy. Tom. 1 p.
[C.O. 5, 1315. Nos. 35, 35.i.-xiii. ; and (without
enclosures) 5, 1362. pp. 70-81.]
Aug. 30. 479. Council of Trade and Plantations to Governor Sir B.
Whitehall. Granville. Acknowledge letters of April 7, and June 28. We
observe what you write in relation to the attempt of the French
upon the Leeward Islands, and have laid the same before H..M..
and also the petition of the Councill and Assembly to yourself
enclosed in your last letter, and shall immediately inform you
of H.M. gracious directions thereon. We observe what you
write about Mr. Allen etc. We find that there are at present
11 Counsellors in Barbadoes ; and that we may have a more
perfect account, we send you a copy of the said last, as also
212
COLONIAL PAPERS.
1706.
Aug. 30.
Whitehall.
the names of those that stand upon our List for filling up of
vacancies, that you may let us have your particular observations
as to their age, abilities and estates. [(7.0. 29, 10. pp. 86, 87.1
480. Council of Trade and Plantations to Lt. Governor
Bennett. Since our letter of May 30 last, we have received
yours of Oct. 31, March 9 and 11. As to the sending home of
Lieut. Henley, we suppose the meaning of Mr. Secretary Hedges'
order was that you send him by the first convenient opportunity.
The three persons you recommended to us have, upon our repre-
sentation, been constituted Counsellors accordingly, a*nd we
doubt not but the order has already been sent you by your Agent ;
however, we transmit to you a copy. No application hath been
made to us in the behalf of Dr. Star, and if any do come we shal
not fail to give you notice thereof ; in the meantime we send you,
according to your desire, the copies of two letters we have received
from Mr. Jones and Mr. Nelson, unto which we desire your
answer. [C.O. 38, 6. pp. 220, 221.]
Aug. 30. 481 . Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. In reply to Aug. 24. We have discoursed with Mr. Gary,
and do think it fit for H.M. service that the Principal Officers of
the Ordnance, as being best acquainted with those matters, do
confer with him, and settle what may be fit for H.M. service
upon this occasion. [C.O. 153, 9. p. 389.] Autograph signa-
tures. I p. Enclosed,
481. i. Duplicate of No. 471.L [C.O. 7, 1. Nos. 13, 13.i. ;
and (without enclosure) 153, 9. p. 389.]
Aug. 30. 482. Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. Enclose copy of petition from the Councill and Assembly
of Barbadoes, which you will please to lay before H.M., with
our observations for H.M. Directions thereupon. As to the
first particular relating to the sugar made by the Dutch in
the East Indies ; We have reason to hope that this new trade
cannot long subsist, the Dutch being upon ye whole looser
thereby, who tho' they have lately made some proffit by
this sugar from Java, do however neglect a more certain
and profitable trade, which will oblige them to desist from that
of the sugar. And whereas the Petitioners desire upon this
consideration that they may have an abatement of the duties
upon their sugar here ; We humbly take notice that such an
abatemt. would, if necessary, be a matter proper only for the
Parliament. As to the number of the Regular Forces desired
by the Petitioners ; We cannot determine how far H.M. may at
present gratify them therein, with regard to the further attempts
that the French may make upon H.M. Islands in those parts.
And as to the application of the 4J p.c., we likewise observe
that from H.M. first accession to the Crown. H.M. has been
pleased upon the Address of the House of Commons, consistantly
to apply the whole Duty of 4 p.c. arising in the Charibbee Islands
AMERICA AND WEST INDIES. 213
1706.
to the use of liar bad oes and the Leeward Islands in a due
proportion. Autograph Signatures. 2 pp. Enclosed,
482. i. Address of the Council and Assembly of Barbados
to Governor Sir B. Gram ill <. Duplicate of No. 383. ii.
4 pp. [C.O. 28, 38. Not. 51, 51. i. ; and (without
enclosure) 29, 10. pp. 88, 89.]
Sept. 1. 483. Col. Quary to the Council of Trade and Plantations.
Maryland. I did no t arrive in Virginia till July 28. I lost no time in paying
my duty to H.E. Governor Nott, who was pleased to receive me
very kindly. I deliver'd him the QUM-M'- 1< tt<-r, your Lordship*'
packet, and put him in mind that there was an absolute necessity
of hastening away the ffleet, considering the time of year. He
was pleas'd imediatly to summon the Council! to meet, wch.
could not be done in less then 9 days, the first thing done was
to resolve on the proper time for the ffleet sayling, wch. was
resolv'd to be Sept. 1, whither the Greenwich aniv'd or not,
and accordingly notice was given to all the Masters of ships in
that Government, and an express sent away to Maryland, that
all the ships in that Government might have notice to be
ready at the time appointed. The next business was the
CouncilTs assigning reasons for their advising the Governor
to allow of several! alterations in some bills that had been sent
to yr. Lordships, and had your approbation. I have not time
at present to goe thro' the alteration in the severall Acts, but
will give your Lordships some few instances ; they have past a
new Act for settling the revenue, under pretence that this is
more for the Queen's benefit, than the former Act past in my
Lord Culpeper's Government. The advantage they pretend
lyes under these two or three heads, first on the duty of tunnage
on the ships. By the former Act this duty was paid according
to the tunnage mention 'd in their respective registers, but this
new Act obliges all ships to pay according to the utmost measure
by the rule, wch. will be a great burden and clogg to Trade,
especially considering how very much trade is already loaden
in that Government, perhaps beyond any place whatever. The
next great improvement of the Queen's Revenue is the taking
from the Masters of ships 4 per cent, of the 10 per cent, allowed
them for giving their own bills of Exchange on their owners,
for the duty of the 2s. per hhd. and all other the duty of tunnage
etc. for their whole lading, and so making themselves answerable
for all, when at the same time they are forced to collect this
duty in driblets from all the respective freighters, and some
times runing the hazard of loosing all, besides anothe end of
allowing the 101. per ct. was their making a just and honest
report (s) and entry of their lading, but all these considerations
are laid aside, if this Act be confirm'd. The other branch of
advancing the Queen's revenue is the taking away from the
Naval Officers 41. per cent, of their allowance for collecting and
receiving. This looks like the dogg in the manger, since the
Gentlemen of the Councill cannot have those places themselves,
they would starve those that have them. But these are the
2H COLONIAL PAPERS.
1706.
least objections I have against the Act, and will not take up
your Lordships' time on it, but leave the merchants and those
concern 'd in Trade to speak for themselves. The Act for settling
the revenue on the Crown was past in my Lord Culpeper's
Governmt. near 20 years ago, this Act was drawn in England,
and past by the Assembly and made a perpetuall Act, if your
Lordships please to observe, this Act is past in a different style,
better worded then any Act since, wch. was the reason that
these topping men were uneasy at it, and waited an opportunity
to have it damn'd, wch. they have now brought to bear, for other
ways had the Assembly only design 'd to have augmented and
added to the Queen's revenue, why could they not make an Act
for it without damning and destroying the former Act, and that
your Lordships may see the snake in the grass, please to observe
that the Assembly are pleas'd to appropriat the Queen's revenue
as they think fitt, a thing never pretended to before, and to limitt
and confine H.M. from disposing of her own mony, your Lordships
will find a clause in this Act not so much as mention'd in ye
former, for whereas in the former Act, the Queen was graciously
pleas'd to appropriate 370Z. to be divided amongst those of her
Councill that gave their attendance at the Assembly and Generall
Courts, in this Act they have order'd otherwise, and enacted
that no Member of H.M. Councill shall have any part or share
of her bounty, tho' they discharge the duty requir'd, unless
they have been three years resident in the Province, by wch.
they have tyed up the Queen's hands from giving any part of
her Bounty but according to their pleasure, when they ware
reading their reason for severall alterations, I took occasion
to ask them why they had not assign 'd a reason for that alteration,
they told me that they did not know or did not mind that clause,
and H.E. was pleas'd to say, that he could not have beleiv'd that
such a clause was in the Act, and that if hee had, it should never
have passed, and those Gentlemen that drew up the reasons
for all the other alterations was resolv'd to pass by this in silence
the better to keep the Governor in the dark ; I have not time
at present to inlarge on this subject, but leave it to your Lordships'
consideration. The next thing propos'd was an address from
ye Gentlemen of the Councill requesting H.E. that he would
please to apply to your Lordships that they might be capable
to execute the places of proffit in the Government, on wch. he
laid before them the coppys of two Memorialls formerly given
in to your Lordships, the one by Mr. Blaire, Coll. Hartwell, and
Mr. Edward Chilton, the other by Mr. Benja. Harrison, both
containing many reasons against the Councill executing those
offices. I told H.E. that I thought Mr. Blaire was obliged to
justify the subject matter of the Memoriall wch. he had sign'd,
or else to own that he had abused the Government by an unjust
representation, all the answer he gave to it was, that what he
sign'd was by order or direction from Coll. Nicholson. I desired
to know if Coll. Nicholson was the Governor of the Province,
he answered Noe. I ask'd who was then Governor, he s,aid
it was Sir Edmund Andross, wch. gave me the handle to observe
AMERICA AND WEST INDIES. 215
1706.
to H.E. that it seem'd very strange that Mr. Blaire should take
in-iru< -tions from a person that was noe Governor, to transact
and represent the state of the Governmt. ; especially] without
the knowledge or approbation of so worthy a man then Governor
of the Province, Sir Edmund Andros, but this was all past by,
and no further notice taken of those Memorialls, wch. obliged
me to say that doubtless your Lordships had some end or reason
in sending those copys, but they proceeded to sign the Address,
without minding it any further, and were pleas d to desire yt.
I would sign wth. them, wch. I refused. The short time the
ffleet hath to stay, and the hurry of business wch. I have, prevents
my representing severall other matters to your Lordships, wch.
I must referr to another time, but before I conclude I begg leave
to observe to your Lordships that there are severall in this
Governmt. who have been for many years endeavouring to have
all the power vested in the Council!, in order to effect this, they
have by degrees endeavour'd to lessen the prerogative, and to
render the Queen's Governor little better than a cypher, and in
truth they have in effect gain'd their point, if your Lordships
please to consider that they are the sole Judges of law and
property wch. makes all depend on them, they have the whole
command and regulation of the Militia, formerly they were
Collonells of the Regiments in the respective Countys where
they liv'd, but now they are made Lord Lieuts. of the Countys,
so that now one of these Gentlemen hath the command of three
severall countys, it's true they are not called Lord Lieute., but
have all the power, and doe appoint Colonells under them, this
new regulation hath made some of the Countys so uneasy that
they cannot get officers to serve, the Governor can make no
justice or any officer in the Government without their advice,
it was a charge against one of the Naval Officers to the Comrs.
of the Customs that he was put in by the Governr. without the
advice of the Councill, tho' the Governor himself is only answer-
able for him. H.E. did lately appoint a Gentleman quallify'd by
the Law and by the consent of the Councill to be Sheriff of James
City County, but one of the topping Justices of that County,
because the Gentleman would not make a friend of his Under-
Sheriff, refused to lett the Sheriff be sworn in the Court as the
law directs, but instead of admitting him was pleas'd to publish
a paper on the Court door requiring all the Inhabitants in the
County to give in a charge agt. the sd. Sheriff of all they knew
against him in the course of his life ; this was to be brought
in the next Court, wch. was accordingly done. I then happened
to be in the Court to prove a writing wch. I had sign'd in England.
I never heard such confusion in all my life, but after all nothing
could be proved against the Gentleman of any weight, H.E.
the Governor resented this proceeding as an affront to him, and
accordingly was pleased to lay it before the Councill, who generally
excused the matter, and nothing done ; this topping Justice
was a hott man in some of their intrist. There goes now home
the greatest ffleet that ever went from the tobacco Plantations,
near 300 sails of ships, so that unless the merchants concern'd
216 COLONIAL PAPERS.
1706.
in that trade doe unanimously agree on the proper methods
for supplying the fforeign markets, they will ruin all ; the quantity
that now goes is very great, yet considering the scarcity of tobacco
both at home and all our fforeign markets there will be a vent
for all and a very good price if the merchants could have but a
true understanding amongst themselves and not by their heats
and prejudice undermine each other and so ruin the trade and
loose the opportunity now offer'd, there is now as great a crop
on the ground as ever was known, but should it be sent for before
they have sold and vended what goes now in the ffleet, they
will make a drugg of both, ruin the poor planter and the Trade
in generall. I hope your Lordships will take this matter into
your consideration. Signed, Robt. Quary. Endorsed, Reed.
Nov. 26, 1706. Read Feb. 24, 170f 4 pp. [C.O. 5, 1315.
No. 43 ; and 5, 1362. pp. 101-108.]
Sept. 2. 484. Mr. Jenings, President of the Council of Virginia,
Williams- to the Council of Trade and Plantations. The last dispatches
>urg and Journals were transmitted your Lordps. by the Marleborough
gaily, and ye transactions since are now by H.M.S. Greenwich,
by wch. with ye Council I have acquainted your Lordps. with
ye death of Coll. Nott, as hee left our unfortunate differences
in a great measure reconciled, I hope the present Governmt.
will use their utmost endeavours to perfect. My Lords, the
present post now fallen on mee, makes mee take the liberty to
assure your Lordpps. I shall strugle to prevent what may bee
thought a disservice to or infringemt. on H.M. Prerogative,
and if anything appear to bee carried on or passed in the Council
to the contrary, I beg your Lordps. not to attribute itt to my
inclinations or means. The Council's letters to your Lordps.,
and ye reasons for H.E. passing the laws, gives mee little room
to add, etc. I shall only observe that the body of the laws are
imperfect, for want of the Church, and some few other Bills
that were not agreed too. I shou'd have been glad the reasons
of ye Council wou'd have bin prevalent with ye Burgesses, but
I hope in a proper time they will lay aside prejudice, and bee
convinced of the necessity of agreeing to yt. necessary Bill for
advanceing ye Church and Clergy ; besides the reasons of ye
Council for H.E. not passing the County Court Bill, there being
matters of law and proceedings of the Courts which hee was
desirous to have advice in, besides a table of fees were not agreed
on for all offices. The Burgesses had passed a Bill for appointing
some, but diminished the County Clerk's fees soe considerably,
that itt would not have bin a maintenance for any young man,
and thrust in a clause to take away the greatest part of
profitt and perquisites the Secretary time out of mind ever injoyed,
and incroached on the prerogative, wch. caused mee to oppose
itt in the House of Burgesses and Council, where I gott itt layd
aside ; itt was intentionly levelled att my present advantage
for haveing attending your Lordpps. with ye Laws according
to comands and my duty. The making the laws take place att
the end of the Session hath delayed the course of Justice, for
AMERICA AND WEST INDIES.
217
1706.
want of them ; this was desired to have bin prevented, by giveing
time before they took place, but this thought prejudicial and
uripn M<lt ntiull. Your Lordm.' coma mis abt. seating and grant-
ing of land hath occatdonned the stopping of Patents, wch. gives
iinra-ynos. and if lon^r continued may j_ r n-al di--at i-faclion ;
your Lordps.' early resolutions herein will be very acceptable.
The Assembly wan prorogued by his late Excellency's Proclamation,
wch. I presume is now dissolved, but there being some amongst
us that doubt itt, I thought fitt to putt the Council in mind of
your Lord ps.' directions in this case. H.E. Instructions are
sealed up and not to bee open'd but on emergent occasion. My
Lords, I beg leave to acqt. your Lordps. that on the Death of
his late Excellency I imeadiatly dispatched expresses to the
Gentlemen of ye Council, and at 11 clock next day five of ye
nearest meet, but being not a majority, wee appointed the 27th
following, the resolutions and methods for takeing the Governmt.
are transmitted ; this being this first Governor that has dyed
in Virginia, by wch. ye care of ye Governmt. is devolved on the
Council, doubts did arise about ye power of ye Presidt., and how
proclamations should issue ; itt was ruled according to the
minutes, in wch I desired to bee passive and waite your Lordpe.'
coma nds. wch. I shall always punctually observe. I can conclude
with assurance to your Lordps. that the country is in peace and
quietness and have noe doubt but will soe continue. My
indeavours shall bee to discharge this honble. post for H.M.
interest and service, yt. I may deservedly merritt the continuence
of your Lordps.' favour to, Signed, E. Jenings. Endorsed,
Reed. 20th, Read 26th, 1706. Holograph. 3 pp. [C.O. 5,
1315. No. 36 ; and 5, 1362. pp. 82-84.]
Sept. 2. 485. Mr. Jenings to Mr. Popple, jr. Acknowledge* letters
Williams- and repeats part of preceding. Encloses defaced seal. Mirtle
burght wax was not to be had the last year. I hope to gett some this
fall. Byrds are difficult to bee gott or kept alive. I have had
many nursed but could not keep ; I hope to send you some
squirrells, but can't procure them, but pray inquire of Mr. Corbin,
if any sent, hee will deliver them, etc. Signed, E. Jenings.
Endorsed as preceding. Holograph. 1$ pp. Enclosed,
485. i. Copy of Act of Virginia prescribing the method of
appointing County Court Clerkes, and for ascertaining
the fees of the Secretary, County Court Clerks, Sherriffs
and Constables. Endorsed as preceding. 13} pp. [C.O.
5, 1315. Nos. 37, 37.i. ; and (without enclosure) 5, 1362.
pp. 84-86.]
Sept. 3. 486. Mr. Secretary Hedges to Governor Sir B. Granville.
Whitehall. Since my last the Confederate Troops in the Netherlands have
taken Menin, a town tho small yet esteemed to be one of the
strongest in Europe, and we have an account by the way of
Ostende that the Duke of Marlborough has also possest
himself of Dendennonde, that place having capitulated the
5th instant n.s., of which we expect the confirmation by the
218 COLONIAL PAPERS
1706.
next letters from Holland, whence there are two mailes due.
All the Forces the French could draw together on that side with
the Duke of Vandome at their head, who was sent for from Italy
to command them as being the best of their Generalls, have not
been able to give the least hinderance to the Duke of
Marlborough's progresses. We have not yet reaped all the fruit
wee expected from our successes in Spain, the Duke of Anjou
having been encouraged by the absence of the Catholick King
and the weakness of the Portuguese army to return into Castile,
but we have now received advices of his Catholick Majesty's
and the Earl of Peterborow's having joyned the Earl of Gall way
with considerable reinforcements, and such measures are taken
as we have no reason to doubt will soon reduce that whole
Kingdome to the obedience of its lawfull Soveraign. It is hoped
his subjects in America will of themselves declare for him, and
care will be taken to give them all necessary protection and
assistance, which you will take all opportunities to lett them know.
In Italy, the only place whence the enemy possibly might have
drawn succours to maintain themselves in the possession of the
Spanish Monarchy, the Duke of Savoy's extraordinary resolution
and firm adherence to the common cause have given their troops
full employment, and Turin after a long and most vigorous resis-
tance has in all probability been rescued before this time by Prince
Eugene, there being advices of his having gained Stradella, the
only difficult pass in his way to Piedmont. I must not omitt
to tell you that Carthagena has declared for the Bang of Spain,
and that Alicant is taken by storm. Signed, C. Hedges.
The like letter was sent to the following Governors :
Lord Cornbury, Col. Dudley, Col. Seymour, Col. Nott, Col.
Handasyd, Col. Parke, with the following additions to Col.
Parke : The 5 French prizes laden with provisions of which
I gave you notice in mine of July 4, that were brought into
Ireland, and were ordered thence to Nevis and St. Christophers
for relief of the poor sufferers there, have been detained by
contrary winds, but will putt to sea as soon as the wind permitts.
A supply of Ordnance and Stores is to be sent to those Islands
from hence, which is already embarked, as a reinforcement of
300 men that are likewise ordered thither, will be very speedily,
and they are to be furnisht with provisions for 4 months at
whole allowance. The Admiralty have promised a convoy for
these supplys, which will be sent you as soon as possible, but
before they can arrive, I hope you will see a squadron of H.M.
ships in your parts, which is ordered to touch at the Leeward
Islands, and leave there what Ordnance and Stores can be spared
from on board the ships. I enclose a duplicate of my last, and
can only add that it is thought here that Nevis having most
suffered, will require your residence in that place, in order to
resettle and encourage those people. Signed, C. Hedges. [(7.0.
324, 30. pp. 106-108.]
Sept. 5. 487. Mr. Sec. Hedges to the Council of Trade and Planta-
Whitehall. tions. Requests that copy of Lord Baltimore's Charter be sent
AMERICA AND WEST INDIES.
1706.
to the Attorney General. Signed, C. Hedges. Endorsed, Reod.
K.-.-..I Nt-|.i. 17. ITU.;, i ,, [0.0, -v 716 Ao. ir, ; ,/ r>, ::.';
pp. 393, 304.]
Sept. 10. 488. (Governor Lord Cornbury to the Council of Trade and
New York. Plantation*. In your LonkUm 1 1< tt t of I-V|>. t. 170g, you
are pleased to direct me to re-admit Mr. Morris into tin Co-,
upon his submission, I assure your Lordshipps that he shall noe
sooner doe the one, but I will doe the other, and I shall be-
well satisfied if the Gentlemen who have answered for his behaviour
to your Lordshipps doe not find themselves mistaken ; I r. turn
you thanks for the confirmation of the three Gentl n
recomended to be of the Councill of New Jersey ; as to what
relates to Mr. Peter Son mans, I must acquaint you that he baa
been here some time, and I have not observed anything in him
yet but is very well, he is dilligent and zealous in promoting
the Proprietors interest, but has always done it with that respect
to H.M. that became him, and indeed I look upon him to be a
very fit person to serve in Councill, there is now living for the
Western Division Mr. Jennings, Mr. Revell, Mr. Davenport,
Mr. Deacon and Mr. Leeds, for the Eastern Division Capt.
Andrew Bowne, Mr. Pinhorne and Mr. Sandford, besides Coll.
Quary, and H.M. having been pleased to add Coll. Coxe, ColL
Townley and Mr. Mompesson, and your Lordshipps having
directed me to restore Mr. Morriss upon his submission there will
be no vacancy yet, but Mr. Revell, Mr. Daveport and Capt.
Bowne are all three dangerously ill at this time, and I am afraid
of an incurable disease, I mean old age, besides other distempers.
I send you inclosed the names of 12 persons, which I think are
the fittest to serve in Councill, as others drop off. I have perused
Mr. Attorney Generall Northey's opinion, and will take care
that it be observed ; As for what your Lordshipps observe
concerning the Acts of Assembly passed in 1704, I will endeavour
to get those alterations you desire made at the next Sessions,
which is to begin at Amboy on Oct. 24 next ; your Lordshipps
are pleased to say that a complaint has been made to you that
the elections for the last Assembly were made in such haste
that there was not due and timely notice, if soe the fault may lie
among the Sheriffs, for I have always directed the Secretary
to take care that there be at least 40 days allowed between the
Teste, and the return of the writt. Your Lordshipps likewise
mention a complaint made that three Members were kept out of
the Assembly, etc. Refers for answer to letter of Nov. 27, 1705.
You will find, that as soon as they removed the objections, they
were admitted. As for the complaint made by the Proprietors
of the Western Division, I have this to say, that at my first
taking possession of the Government of the Province of
New Jersey, severall persons complained to me that the
Agent for the Proprietors very often refused to let them
see the Records where their Patents were recorded, and
that they had great reason to believe that their Patents
were not fairly recorded, and desired that the Records might be
220 COLONIAL PAPERS.
1706.
lodged in the Secretary's Office, where they might have recourse
to them at all times, which I ordered accordingly, but since your
Lordshipps are of opinion that they ought to be restored to the
Proprietors' Agents, I will take care that it shall be done forth-
with. As for the Records of deeds and conveyances being
carry'd out of the Province, I know nothing of it, nor doe I believe
it has been done. The next complaint your Lordshipps mention
to have been made to you is that I have put into the Commission
of the Peace severall mean and contemptible persons, perticularly
one Salter, whom (they say) I know was under prosecution for
felony, and that I have granted Commissions in the Millitia
to other persons who have no estates in the Province ; to this
I answer that I have not put one man into the Commission of
the Peace in the Province of New Jersey but such as have been
recommended to me by one or more of the Gentlemen of H.M.
Councill for that Province ; as for Salter, he was recommended
to me by Capt. Bowne, and I doe solemnly protest I never heard
that he was under any prosecution at all till I received your
letter, and since that time I have made the stricktest inquiry
I can about that matter, and I doe find that severall years agoe
there was one Salter that was under prosecution in England,
for some crime, but what that crime was I can't learn, but it is
positively affirmed to me that this is not that man, and realy
if he were that man, it would be a pretty extraordinary thing
that the Country should choose such a man to be one of their
Representatives in Generall Assembly, for he is actually soe now
in this Assembly, and I protest I never yet saw anything ill
in the man ; As for the Millitia Officers, I have always chosen
them by the recommendation of the Gentlemen of the Councill,
or the Field- Officers of the respective Regiments, and by the
best inquiry that I can make, I can't find that there are such
scandalous persons in Commission, whenever anybody will
inform me of such persons, I shall soon remove them ; your
Lordshipps shall have fair transcripts of all the Minutes of Councill
and Assembly with the first opportunity. I have received the
new Seale etc. P.S. Since I finished this letter some of the
Gentlemen of New Jersey have desired me not to send any list
till the meeting at Amboy, which will be very shortly, I find they
have a mind to recommend some persons, therefore I intreat
your Lordshipps will not be displeased that I doe not now send
the list which I had prepared. Signed, Cornbury. Endorsed,
Reed, from Mr. Sloper, Nov. 28, Read Dec. 6, 1706. Holograph.
3 pp. [C.O. 5, 970. No. 42 ; and 5, 994. A. pp. 284-289.]
Sept. 13. 489. Major Lloyd to [? Mr. Secretary Hedges]. Acknow-
St. Johns in ledges letter of June 6. By ye man of war yt. will convey ye
n 'shipps for England shall give a satisfactory acct. of ye false
accusations of my enemies, which they have in a great measure
got to be credited by stopping all my letters last year. Prays
that a stop be put to any payment to Lt. Moody, until the
accounts to be sent this year arrive. By my sending of continuall
parties out, ye French have not been able to doe us any injury.
AMERICA AND WEST INDIES.
1700.
About 9 dayee since, I with 30 soldi nod a party of French
of 21, who ii.nl plundered several inhabitant* of Trinity Bay
and carried ye same to a place called Comby Chance in Pbdntia
Bay, where I overtook th-m. sonic I killed, tooke 7 of tln-m
prisoners, as also several boats, goods etc. considerable, wch.
I returned to ye inhabitants from whom they were taken.
Signed, Tho. Lloyd. Endorsed, R. Oct. 13. 1 p. [C.O. 194,
22. No. 69.]
Sept. 14. 490. Governor and Company of Rhod< N m<l to the
Newport. o f Trade and Plantations. In obedience to H.M. commands,
Dec. 18, 1705, relating to the petition and complaint of one
Andrew Harris, Thomas Field and Nathaniel Waterman of
Patuxet in New England etc., we have sent our answer, with
the copies of what we find upon record relating the same, to oar
Agent, Wm. Wharton, by him to be communicated to your
Lordships, by which we doubt not but your Lordships will be
made sensible that the Government had done their duty according
to the command they received, and that the petitioners had no
ground of complaint against the Government. We therefore
pray a favourable report from your Lordships to Our gratious
Majesty the Queen, and her most noble and learned Council,
relating the same ; and that you will be pleased to admit our
said Agent to make such further answer and plea, in behalf of
the Colony and Government, as he shal or may see occasion,
according to his Instructions, also praying your Lordships' further
favour in all cases that may relate this Government, and that
you will extend your charity towards us, so far as to believe
we are H.M. loyal and faithful subjects, and that we are not so
contemtible and remiss as our adversaries have endeavoured
to render us, and we fear doth still endeavour to do ; but we
doubt not but God Almighty in his good time will discover their
unjust and prejudicial designs against us. And as we are in
duty bound (as well as to prevent the designs of our adversaries
in their misrepresentations) shal presume to advise your Lordships
of the state and affairs of the Government this present summer,
which through the mercy and blessing of God hath been hitherto
preserved from the assaults of the common ennemy, altho
we have not been without fear and apprehension of danger,
especially from the French fleet and forces that sacked and
plundered St. Christophers and Nevis, the General or Admiral
of said Fleet giving out threatnings against these parts, so that
we have been and are still upon our watch and guard, and have
cast up and raised several breast works, and batteries about the
town of Newport (the metropolis of this H.M. Colony) in order
to prevent the enemy from landing near said town, we having
the greater advantage, if they should land at a distance, to annoy
them, and defend our selves ; we have been also this summer
as well as the last obliged to maintain a quota of men at Block
Island, for the defence of said Island and security of H.M. intm-t
there, besides the continual wards and watches kept upon the
sea coast of this Colony, and the Inland scouts, is no smal charge
222 COLONIAL PAPERS.
1706.
to the same, and our often fitting and sending out vessels upon
the discovery, and to secure the coast, according to our strength
and abilities, hath done good service for the adjacent Provinces and
Colonies, as well as for this H.M. Colony. And the readiness
and willingness of our people, upon any expedition for H.M.
service, cannot but be acknowledged by the greatest of our
adversaries. We shal only instance to your Lordships one,
which hapned about two months since, vizt., an express being
sent to the Governor, that a French privateer had taken a trading
sloop, laden with provisions, upon the coast (the evening before
the express came) the Governor immediately caused Proclamation
to be made for volontiers (as our custom is in such cases)
to go against H.M. enemies, and in two hours time had two sloops
(which he had taken up for said service) fitted and man'd with
120 men, who within three hours after, upon the coast of Block
Island, made themselves masters of said French privateer and
the prize she had taken, and brought them into this Port. The
privateer was from Petit Guaves, a sloop man'd with 40 men ;
the which expedition gave a general satisfaction to the whole
country, by reason of the suddeness thereof ; and that said
privateer was going off with his prize to Port Royal, where they
were in great want of provisions. We do not boast or value
our selves upon what we have done (acknowledging it our duty
at all times to serve H.M. to the utmost of our strength and
abilities) but that H.M. and your Lordships may be rightly
informed of our state, and to prevent fals reports, therefore do
we presume to give your Lordships the trouble of the aforesaid
accounts. This Colony hath been and is at considerable charge
in maintaining and keeping of prisoners that hath been taken
and brought into the same, the charge of keeping the late prisoners
hath already stood the Colony in near IQQL, all which we presume
to lay before your Lordships for the reasons aforesaid, and that
H.M. and your Lordships may know that our adversaries hath
asperst us with gross and false representations. We congratulate
H.M. in her great and glorious enterprizes, and success of her
victorious arms (in conjunction with her Allies) against the
common enemy, and supplicate His divine Majesty the King
of Kings, that he will still continue his protecting arm, and make
her arms still more victorious, and that her fame and renown
for the honour and glory of the Nations may extend to the utmost
corners of the Earth ; we also pray for H.M. health, and that
it will please God to grant her a long and glorious reign over us ;
and that when it shall please the Almighty to call her from her
Earthly Crown, that he will crown her with a Crown of Righteous-
ness and everlasting glory. We also pray for your Lordships'
health and prosperity, and that it may please God to add to
your great wisdoms and understandings, so as you may discern
between the just and unjust, and between the faithful and
unfaithful. We subscribe H.M. loyal and faithful (tho poor
and despised) subjects, and your Lordships' humble and obedient
servants, the Governor and Company of H.M. Colony of Rhode
Island and Providence Plantations in New England. Signed,
AMERICA AND WEST INDIES. 223
1706.
per Order, Weston Clarke, Secretary. Endorsed , Rood. 5th,
Read 28th Feb., 170$. 2 pp. [C.O. 5, 1263. No. 140 ; and
5, 1291. pp. 446-451.]
Sept. 15. 491 . [? Governor Parke] to the Council of Trade and Planta-
Antegua. tions. This comes by the way of Barbadoes, onely to inform
your Lordships of the unfortunate death of Col. Johnson the
Lt. Governor of Nevis. The day the last packett say led, was
the day of rejoiceing at St. Christophers for the Duke's victory
at Rammalis ; the packett had not been dispatch'd two hour-
before Col. Johnson was kilTd by Mr. Pogson, one of the Count ill ;
the manner of it is differently reported, therefore mu>t
that part till after the tryall, when the witnesses are upon th -ir
oathes ; 'twas an old quarrell. This I may say, Col. Johnson
dyed Col. Codrington's martyr; Mr. Pogson, it seems, is tin-
man yt. kept possession of a Plantation in St. Kitts for Mr. Freeman,
which Col. Codrington cou'd not persuade him to quitt therefore
forced out, for which Mr. Freeman complained in the House of
Commons in England. He got possession again in Sir Wm.
Mathew's time, who swore him one of the Councill. After Sir
William's death, Col. Johnson suspended him ; by Codrington's
order, for that was his way of useing Johnson, for Codrington,
all Johnson's time, govern 'd more absolutely than when he was
Generall himself. In my Instructions your Lordships restored Mr.
Pogson to the Councill and Col. Crisp. Johnson was a bricklayer,
went into ye army, was first a Serjeant ; Tiffany made him a Captain
for bringing him good store of black cattle in the Irish warr ;
Codrington made him Major, Lieut. -Collonel and Lt. Governor,
he could neither write nor read. When any letters of moment
were to be writt Codrington first writt them and then they were
coppy'd and sent, now he is dead Col. Codrington makes greater
reflections on him than any other, to make people think he had
no hand in Johnson's misgovernment. Pogson will be tryed when
I return to St. Kitts. No signature. Endorsed, Reed. 17th,
Read 18th Dec. 1706. 2 pp. [C.O. 152, 6. No. 69; and
153, 9. pp. 430-432.]
Sept. 16. 492. Mr. Dummer to Mr. Popple. Gives sailings of King
William and Frankland packet boats. Out and home 115 and
98 days. Signed, E. Dummer. Endorsed, Reed. Read Sept. 17,
1706. Addressed. 1 p. [C.O. 323, 6. No. 15.]
Sept. 16. 493. Governor Handasyd to the Council of Trade and
Plantations. I have had none from your Lops, by this packett.
I am now to return your Lorps. my hearty thanks for your
assistance to me in the procuring my Commission as Brigadier,
and since I am not yet to expect the releif either of my selfe
or Regiment, I hope your Lorps. will so continue your favours
to us as not to suffer us to be forgott in the establishment, when
a peace is concluded. The apprehensions we were under of the
French attempting us are at present at an end, and I am of opinion
224 COLONIAL PAPERS.
1706.
the Island was put into so good a posture, that they would have
got nothing from us but broken bones, and must assure your
Lorps. Jamaica should never have been lost while I had lived,
but with the best part of our lives : my Regiment still want
150 men to compleat it, which I hope will be sent over for fear
any attempt should be made by the Enemy the next spring.
I have by this packett received from Sir C. Hedges some news-
papers, containing the glorious successes of H.M. arms in Spain,
and the progress King Charles has made towards Madrid, which
I shall cause to be put into Spanish and shall send to the Spanish
Governors by the first tradeing vessell that goes out. Our fleet
under the command of Admirall Whetstone, joyned by Capt.
Kerr, has been off Carthagene, where the Admirall sent a letter
to the Governor, but by a false interpretation of it, made by
some Frenchmen who were with him, it being writt in English,
the answer was not so good as might have been expected, for
which Reason I am getting that letter put into Spanish, and
shall send it to the Governor to shew him how villainous those
have been who have put a false construction on it : (copy
enclosed). Admirall Whetstone is returned into port with the
squadron intended for England, and I beleive will be ready to
sail the last of this month ; there will be on board of him at least
200,OOOZ. in boulion, therefore I hope a squadron will be sent
out to meet him in the chops of the Channell. Capt. Kerr is
not yet returned, but continues his cruize on the Spanish coast.
The Assembly is now sitting, and I am of opinion the factious
party is broke, and that they will unanimously proceed on business.
I here inclose to your Lorps. the Minutes of Councill and Assembly
of what they have hitherto done. The English woolen manufactory
is very much wanting on the Spanish coast, the Gallions having
brought little, nor did our last merchant ships bring any quantity.
The Island is now very healthy, but has been afflicted with a
bleeding ffeaver, of which severall have died. Signed, Tho.
Handasyd. Endorsed Reed. Oct. 30, Read Nov. 12, 1706. 2% pp.
Enclosed,
493. i. Copy of Sir W. WTietstone's letter to the Governor of
Carthagene, Aug. 15, 1706. Sometime since I had a good
opportunity of writing to your Excellency by 3 Spaniards
I took in a French ship, and you honoured me with
a very obligeing answer. My business then was only
to acquaint you of the great endeavours used by the
most Serene Lady and my great Mistress, the Queen of
Great Brittain etc. to restore the peace of Spain, and
to settle the Crown in the right line of the ancient House
of Austria etc. Refers to enclosed prints giving account
of the Allies' successes. We may hope in a very little
time to see Spain restored to its ancient ffreedom, trade
and libertys. If I am capable to contribute to your
benefitt and happiness in these parts, I shall always be
ready upon the least notice given at any time to
Jamaica ; you are assured of the Governor of that
place's readiness at all times to do the same. This
AMERICA AND WEST INDIES.
1706.
worthy gentleman who is now with me, whom II M.
has sent out \\ith a good squadron of men-of-war, will
improve all opjMTt.mit y- of .loin- tin- greatest service
he can for the interest of his Cfetholiek Majesty
Charles III. etc. Signed, Win. \VI,.-Mone. P.8.
I hope you have had letters lately from Old Spain,
which will give you assurance of much more than these
papers mention, and I highly presume that Cadiz by
this time is in the hands of his Catholick Majesty,
Charles III. Endorsed, Reed. Oct. 30, 1706. 1J pp.
[C.O. 137, 7. Nos. 32, 32.i. ; and (without enclosure)
138, 12. pp. 33-37.]
494. Governor Handasyd to Mr. Secretary Hedges. Acknow-
Mges letters June 28 and 30, and July 4, etc. Repeats part of
preceding. Signed, Tho. Handasyd. Endorsed, R. Oct. 30.
2$ pp. [C.O. 137, 46. No. 84.]
Sept. 19. 495. Council of Trade and Plantations to Mr. Secretary
Whitehall. Hedges. Enclose extracts of letters from Governor Handasyd
(Aug. 6) and Lt. Gov. Johnson and Governor Park. r.-i
to ships of war, etc., and congratulatory addresses from the
Governor and Council of Jamaica to be laid before I! M Auto-
graph signatures. If pp. [C.O. 318, 3. No. 31 ; and 138, 12.
pp. 29, 30.]
Sept. 16.
Jamaica.
Sept. 19.
Barbados.
496. Col. Sharpe to Mr. Sec. Hedges. I have reed, your
letter by the Antegua Packett directed to Sir Bevill Granville,
who left this Place the 14th instant in H.M.S. Kinsale, with
another of H.M. ships, the Dolphin, and our Trade home. H.M.
subjects here are very sensible of the misfortunes of Nevis, and
have shewn the greatest inclinations to relieve them ; But such
is our unhappyness, that our circumstancys (as Sir Bevill can
inform you) will not admitt the doing them any considerable
service at this time. There are of H.M. ships none but the
Maidstone here, the Jersey and Crown haveing sayl'd with
Commodore Kerr : so that neither are they able to countenance
that Place, nor indeed so much as protect our own coast, which
now in a manner is quite naked and unguarded. Her most sacred
Majesty's care of that and the other Islands signified in your
letter must be their only support, as indeed it is the surest any
of us have to depend upon, which H.M. subjects here have oftm
experienc'd, and of which they express the most dutyfull and
gratefull sense. The Preparations begun by our worthy good
Governour Sr. Bevill Granville for defending this Place, if the
Enemy should attempt it, have been forc't for some time to be left
off, excepting Castle St. Ann, and this, with the guarding our coasts,
lyes so heavy upon the inhabitants, that they seem unable much
longer to sustain it, but yet are at present encourag'd to undergoe
it, in hopes H.M. will be graciously pleased to take their case into
her Royall consideration, and order some Forces here. I shall,
according to your commands, embrace all opportunities of leting
Wt. 4912.
C 15
226 COLONIAL PAPERS.
1706.
the Spaniards know the happy successes of their lawfull Sovereign,
in order to encourage the shakeing off their yoke of a foreign
Government. Sr., the great and glorious successes of H.M.
armes etc., are received by H.M. faithfull subjects here with
the most humble and zealous acknowledgments of their gracious
Sovereign's stupendous goodness in persevering to protect their
liberties and to secure and promote their Trade. As the eldest
member of H.M. Councill etc., I shall endeavour to discharge
so great a trust with the utmost care and fidelity etc. Signed,
Wm. Sharpe. Endorsed, Reed. Dec. 15. Holograph. 3 pp.
[C.O. 28, 38. No. 52.]
Sept. 19. 497. Col. Sharpe to the Council of Trade and Plantations. Ac-
Barbados. knowledges letters of May 30, and 31, etc. Repeats part of preceding.
I have summoned the Councill, and shall appoint a proper and
speedy Day of Thanksgiveing for thewonderfull successes of H.M.
glorious arms etc., which have fill'd the hearts of H.M. subjects
here with joy and gratitude. Signed, Wm. Sharpe. Endorsed,
Reed. 17th, Read 18th Dec., 1706. Holograph. 2 pp. [C.O. 28,
9. No. 83; and 29, 10. pp. 370, 371.]
Sept. 20. 498. Mr. Paige to Mr. Popple. Gov. Dudley lately shewed
Boston, me a complaint signed by John Colman and Gallop, wherein
ew England, they reflect upon him as having received 50Z. of me for the obtain-
ment of the condemnation of a prize taken by the Charles galley,
and 1501. more paid to the Judge of the Admiralty. I always
thought the Governor highly deserved that present, from the
owners of that privateer, I paid it myself, and never yet had
one peny of Colman nor Gallop, as their parts of it, and if they
had thought it amiss, they might have told me so, etc. We
had our men out of the Province by the Governour's leave,
and we made too much hast to get a Commission from Road
Island, which Governor Dudley oftentimes told me he would
grant as soon as the new Instructions came from H.M. for that
end etc. I am sensible Col. Dudley is no gainer by this Govern-
ment, and think it an honour to H.M. when I can offer him any-
thing to buy a piece of wine etc. Signed, Nicho. Paige. Endorsed,
Reed. Nov. 25, 1706, Read Feb. 28, 170f 1 pp. [C.O. 5,
864. No. 155.]
Sept. 22. 499. Governor Parke to the Council of Trade and Planta-
Antigua. tions. My last to your Lordships at large was by the packett
of Aug. 28. I than gave you an acct. of the state of these Islands ;
and hope we shall be thought on and have those stores sent us
we so much want ; Our flfleet sailes to-morrow, all their convoy
is the Medway prize, wch. a good privateer will take ; I shall
order the 8wann (wch. is the only ship we have left to protect us)
to see them off the Islands. I believe the Ministry forgetts this
part of the Queen's Dominions ; or they would not suffer us
to be thus insulted by the Queen's enemys ; the French have
5 men of warr (two of them of 60 odd gunns) at Martinique,
the Swan is all wee have, and she (tho there is a very good man
AMERICA AND WEST INDIES. 227
1706.
in her) is so dull a say lor and of so small fforce that I am affraid
she will be taken every time she goes out ; Mr Secretary Hedges
writ me word the Queen had ordered severaU ships from Ireland
wth. provisions for the inhabitants of St. Christophers and Nevis,
I lett them know it, but as yett there are none arrived, God
send the Prize Office has not prevented the Queen's good inten-
tions. I here send your Lopps. the Collector of the Customs acctt.
of the Imports and Exports. I alLso send your Lordships two
Acts for a provision for a House at this Island and St. Xphers,
wch. I beg the favour that you will gett confirmed for m< I
desire to sett your Lordships right as to the sums ; I am to be
paid but for the time I am at each Island ; if I am six month-
at St. Xphers. I am paid for the six months, and the same at
Antegua ; the reason I desired it in both Islands is becaus
Antegua is unhealthy during the raines that fall for six months,
at wch. time I will live at St. Xphers, and shall vissit Neviss and
Montserrat comeing and goeing ; this is no more than Sir Wm.
Matthews had, he had 800. the year given him, and they paid
it in sugar at 14*. per cwt. I have 1,0002. per annum paid in
sugar at 20*. per cwt., and neither he nor I had by this means
good 4002. the year English, for at this time tho' they take sugar
at 20s. per cwt. in all bargins or in paying debts, yett any one
for Bills of Exchange may buy it for Ss. per cwt., as for money
there is none in afi the Island, the Proclamation has carryed
all out ; and I dispair of ever seeing any brought in whilst the
Proclamation is to last ; I goe in the man of warr to Nevis where
I designe to stay till I see what the French will do abt. the 1,400
negroes they expect from yt. unfortunate Island ; If they come
wth. a small fforce I will indeavour to beat them, and if the[y]
come very strong I will indever to put them off wth. good words,
and refer them to England, for they are not able to pay them ;
neither is it reasonable they shou'd, for the reasons I gave your
Lordshipps in my last. By a Dane's slupe from St. Thomas's
I have an acctt. that D'Bervill is dead, one of his great shipps
split on a rock near Cuba, and that his squadron is returned
to France, the Spaniard haveing refused to send their galloons
under a French convoy ; the Master of the slupe reports he was
on board two French shipps bound home who gave him this
acctt. Wee have had no rane in this Island for six months,
before Sept. 18, water was sold as dear as good bear in London.
Everything else is four times as dear as 'tis in England ; when
you were fixing the salleryes, this Government ought to have
had the largest, for there is four times the trouble, and everything
much dearer, there is but 160 leagues between this place and
Barbados, and yett all goods are twice as dear ; I can give no
reason for it, but so it is. Signed, Daniel Parke. Endorsed,
Reed. 2nd, Read 4th Dec., 1706. 4 pp. [C.O. 152, 6. No.
65; and 153, 9. pp. 411-417.]
Sept. 26. 500. Mr. Secretary Hedges to the Council of Trade and
Cockpitt. Plantations. The Queen having been pleased to appoint
Mr. Mitford Crowe to be Governour of Barbados in the room
228 COLONIAL PAPERS.
1706.
of Sir Bevill Granville recalled ; it is H.M. pleasure that you
cause a Commission and Instructions to be prepared for him.
Signed, C. Hedges. Endorsed, Reed. Read Oct. 1, 1706. f p.
[C.O. 28, 9. No. 53 ; and 29, 10. p. 96.]
Sept. 26. 501 . Mr. Secretary Hedges to Governor Dudley. Every
Whitehall, post affords fresh matter upon which to congratulate with you ;
my last gave you an account of the wonderfull progresses of
H.M. arms in Flanders, under the command of the Duke of
Marlborough, who has since caused Aeth to be besieged and in
all probability is in possession of it before this time ; I am now
to acquaint you with the signal victory the Duke of Savoy and
Prince Eugene obtained over the united forces of the Duke of
Orleans and La Fueillade near Turin, and the very seasonable
relief of that Place, which the French have attempted twice
in vain, having been before it this last time about 3| months
at the expense of 25,000 men of their best troops, which this
siege and the battle that attended it have cost them, besides
the loss of their horses, baggage, tents, ammunition and provisions.
Their army consisted of about 45,000 men, the broken remains
of which are retired into Dauphine, leaving the Duke of Savoy
at liberty to secure his Dominions, and prevent their returning
into Piedmont, and Prince Eugene to reduce the Dutchy of
Milan to the Catholick King's obedience, of which we hope to
receive a good account by our next mailes from Holland. There
wants nothing now but a continuation of good success in Spain,
and that we have all imaginable reason to expect, to make the
arms of H.M. and her Allys compleatly victorious on all sides.
I must begg leave to referr you to the enclosed for the particulars
of our good news.
An express from Sir John Leake, arrived to-day, gives an
account that the Castle of Alicant is taken. A squadron for
the West Indies is detached from the Fleet, and 'tis hoped they
will be arrived before this comes to hand.
The like letter was sent to Governor Lord Cornbury, Governor
Seymour, Governor Nott, and Governor Sir B. Granville.
The like letter was also sent to Governor Handasyd, with the
following additions ; The good accounts you give, Aug. 2 and 6,
have been laid before H.M., who is very well satisfyed with your
care and zeal in her service. P.S. That part of your letter of
Aug. 2, which rektes to the recruits, is sent to Mr. St. John,
and an extract of yours of Aug. 6, as far as it concerns the
homeward bound West India fleet, is transmitted to the
Admiralty.
The like letter as to Col. Dudley was sent to Governor Parke,
with the following addition ; I have received yours of July 15.
I do not very well comprehend how you could have saved the
Islands, tho you had had never so great a force with you, unless
you had been there in time, but you say you were in a hurry
and I hope in your next you will send me an account of what
has been recommended to your care in any former letters. [C.O.
324, 30. pp. 108-110.]
AMERICA AND WEST INDIES.
1706.
S<-|>(. 26.
Whitehall.
Sept, 26.
Whitehall.
Sept. 26.
Whitehall.
502. Council of Trade and Plantations to Governor Sir B.
Granville. Acknowledge letters of July 1 and 10. We are glad
your apprehensions of the French are over, and we doubt not
but the arrival of Commodore Kerr with the pqu aider
his command in your parts will prevent any further attempt*
of the French. We are in expectation to hear by your next
that you are come to some good agreement with the Plant. r~
and Inhabitants on St. Vincents, and that th-y have disclaimed
any subjection to the French ; But we must observe to you
that the Crown of England has always claimed a right to that
Island, and does not allow the French to have any title there-
unto, as you will perceive by that Island's being put under your
Government in your Commission and Instructions ; ho\\
we shall be glad to hear that the Inhabitants have thrown off
their dependence on the French. The Act you sent us to supply
the want of cash, etc., being of great importance to trade and
property, we wish you had given us yours and the Count-ill's
thoughts and opinions of it, and what opposition, if any, it m -t
with when it passed the Assembly, and whether it was carried
by any great majority ; that so we may better know what the
general sense of the Island is concerning it, these things would
have been of use to us in our considering the same, and wch.
indeed ought to be done upon all Acts of so great weight and
momt. We desire you therefore would remember it for ye
future. [C.O. 29, 10. pp. 94, 95.]
503. Council of Trade and Plantations to Governor
Handasyd. Since ours of July 19, we have recieved yours of
June 18, Aug. 2 and 6. We have laid before H.M. the Address
(Aug. 2), as also what you write in relation to the want of recruits
for your regiment, and to a squadron to meet your homeward
bound fleet, and we have further sent what you write about
Glover's letter, together with a copy of the said letter to a
Secretary of State, and shall not fail to give you notice when
any determination shall be had thereupon. We hope you will
have prevailed with the Assembly to pass such an Act for
quartering souldiers as we have oft recommended, that is, to
allow them quarters and not mony in lieu thereof. P.S. We
take notice of your industry and forewardness in promoting
the Spanish Trade, which will be looked upon here as a very
good piece of service, and you are desired to give all possible
encouragement to it for the future. [C.O. 138, 12. pp. 31, 32.]
504. Council of Trade and Plantations to Governor Parke.
We are glad to find by your letter of July 5 that you are safely
arrived. We hope by your prudent management of affairs you
will be able to persuade the inhabitants to take care more for
their defence than they have hitherto done, and by fortifying
and strengthning places of natural advantage, secure to them-
selves a safe retreat in case of any sudden attempt from an enemy,
or that shall be superior to them. We have kid what you write
in relation to soldiers, ordnance stores, and to a man of war
230 COLONIAL PAPERS.
1706.
to attend the Leeward Islands, before H.M., and shall give you
notice when we are informed of any determination had therein.
We shall expect from you an account of all things relating to
your Government, according to your Instructions, and also
of the transactions of the French on Nevis and St. Christopher's,
and how the first of those Islands came to be taken, especially
seeing you hint that it was by Cowardize. We have received
your letter from Barbados, but your letter from the Maderas
never came to our hand. [C.O. 153, 9. pp. 398, 399.]
Sept. 29. 505. Petty expenses of the Board of Trade, June 25
Sept. 29, 251. 3s. Gd. Stationer's Account, 21Z. 6s. Qd. Postage,
71. 15s. 2d. 4 pp. [C.O. 388, 76. Nos. 11, 13, 15.]
Oct. 1. 506. Council of Trade and Plantations to the Queen. Enclose
Whitehall, following :
506. i. H.M. Commission to Mitford Crowe for the Govern-
ment of Barbados, etc. Cf. C.S.P. 1702. Nos. 591.L,
472, and 1699. No. 382. Add : With the advice
and consent of the Councills respectively, from time to
time as need shall require, to summon General Assemblys
within every of the respective Islands under his Govern-
ment, the elected members to take the oaths appointed
instead of the oaths of Allegiance and Supremacy, etc.,
or else to be incapable of sitting, though elected. Laws
to be not repugnant but as near as may be agreable
to the Laws of England. He is given power to
administer the oaths appointed instead of the oaths
of Allegiance and Supremacy to every person as he
shall think fit, who shall at any time pass into any of
the said Islands, or shall be resident or abiding there ;
to build forts, castles, towns, etc. ; to dispose of lands
by and with the advice and consent of the Council
under moderate quit-rents etc. ; to appoint Deputy
Governors in the respective islands, Barbados excepted,
who are to act according to his directions. Upon his
death, if there be no C. in C., the Council to take the
administration of the Government and the first Councillor
to preside. The power of Vice-Admiralty is not granted
in this Commission. (See Oct. 30.) Countersigned,
Wright. Oct. 30, 1706, Westminster. [C.O. 29, 10.
pp. 97-123 ; and 319, 1. pp. 1-9.]
Oct. 1. 507. Answer of Alexander Skene to charges (cf. C.S.P.
Aug. 13, 1705). No complaints were made against him in
Barbados. He took the usual fees, 5s. licence for a ship to sail,
12s. Qd. for a petition. He made no exactions. Refers to his
acquittal at trial to prove that he was not accessory to Capt.
St. Loe's carrying off F. Lee, etc. etc. Signed, A. Skene.
Endorsed, Eecd. from Mr. Tryon, Read Oct. 1, 1706. 3| large pp.
[C.O. 28, 9. No. 54 ; and 29, 10. pp. 124-131.]
AMERICA AND WEST INDIES. - u
1706.
Oct. 1 508. Governor Parke's Commission to Michael Lambert
to be Lieut. Governor of St. Christ <>|, I ,TH. (See Oct. 5.) Signed,
Daniel Parke. Sealed. 1 p. [C.O. 152, 42. No. 7.]
Oct. 2. 509. N. Byfield to the Council of Trade and Plantation*.
Bristol. States the case of the Charles' prize, and defends himself against
the complaints of John Colman etc. (See July 19, 1705.) Signed,
Nathl. Byfield. Endorsed, Reed. Nov. 25, 1706, Read Feb. 28.
170f 2J pp. Enclosed,
509. i. Copy of petition of Nicholas Paige etc. to Gov. Dudley.
June 23, 1705. (No. 1274.xv.) 1} pp.
509. ii. Copy of Order of Assembly of Rhode Island, June 19,
1705. (No. 1275.) 1 p.
509. iii. Governor Dudley to Mr. Byfield. June 25, 1705.
Copy. 1 p.
509. iv. Mr. Byfield to Sir C. Hedges. July 19, 1705. Copy.
4 pp.
509. v. John Colman to Governor Dudley. Rhode Island,
June 17, 1705. (No. 1274.xvi.) Copy. 1} pp.
509. vi. Governor Cranston to Mr. Byfield. June 16, 1706.
1 p. [C.O. 5, 1263. Nos. 139, 139.i.-vi. ; and (without
enclosures) 5, 1291. pp. 451-456.]
Oct. 2. 51 0. Mr. Campbell to Wm. Popple. Governor Dudley
Boston, N.E. acquainted me that I had offended the Council of Trade and Plan-
tations in representing in the Boston News-Letter of Oct. 29 that
the Quakers were endeavouring by their false Addresses at home
to misrepresent the Government of this Province for making and
executing several severe Laws against their friends only for
their conscientious dissent from the National way, and not for
any evill fact done by them. I have nothing in that matter
to offer in my justification, but that I had seen a letter from the
Quakers in London to some Ministers in London, which was
covered by the Ministers of London to Mr. Mather and the
Ministers of this place (copy enclosed). Prays for a favourable
interpretation etc. I shall carefully forbear reflecting upon
those people, who I observe are very well and easily treated by
the Government here, and for ought I know are peaceable in
their places, etc. Signed, Jno. Campbell. Endorsed, Reed.
Nov. 26, 1706, Read Feb. 28, 170f. Addressed. Sealed. 1 p.
Enclosed,
510. i. Ministers in London to the Rev. Increase Mather.
There was lately an application made to us by some
noted persons among the people called Quakers in
London complaining of severall severe Laws made
in New England against their ffriends only for their
conscientious dissent from ye national way there, and
not for any crime or evil fact done by them, and requesting
that, provided we are for liberty of conscience to those
who dissent from us, we would manifest our sincerity
therein by representing to you our dislike of such laws,
as you may more fully understand by following enclosure.
232 COLONIAL PAPERS
1706.
Refer to Act concerning Hereticks (see C.S.P. 1705).
Quote Cotton Mather's History of New England, etc.
Permit us to propose it to your serious consideration
whether the punishing persons professing Christianity
meerly for their conscientious dissent from the establish'd
Religion be not manifestly repugnant to the just rights
of mankind and the true principles of the Christian
Religion. We are sensible how prejudicial it may
prove to our common interest for those of our
perswasion to countenance any penal laws for matters
of meer conscience. It's evident such a conduct always
administers too much ground for the reproach commonly
made us, that where we have the power in our hands, we
deny that liberty to others, which we ever plead for hi our
own case, and by vertue of an Act of Parliament enjoy.
In case such penal laws are still in force, we make it
our humble and earnest request to you and the rest of
our Revd. Brethren and Elders of Church that you
would joyntly use your pious endeavours to remove
all occasions of this complaint etc. Signed, Richard
Taylor, John Nesbett, Tho. Rowe, Benja. Rowe, Matth.
Clarke, John Singleton, Robert Bragge, Tho. Simmons,
Isaac Watts, Tho. Collins. A true copy, signed, Increase
Mather, Boston, N.E. Sept, 9, 1706. 2 pp.
510. ii. Quakers in London to the Ministers and Elders of
the Independant Congregations. There being severall
severe Laws made by your Brethren in New England,
both in the Massachusets Bay Province and also in
the Colony of Connecticutt against our ffriends the
people call'd Quakers etc. as in preceding. Request
their communication to their brethren as in preceding,
and their concurrent application with us to the Queen
to disallow all such laws, etc. Signed, Wm. Crouch,
Wm. Mackett, Theodore Eccleston, John Whiting,
John Field, George Whitehead. London, Sept. 9, 1703.
True copy, signed, Increase Mather. 1 p.
510. iii, iv. Copies of the Boston News-Letter Sept. 23
Oct. 7, 1706. Numbers 128, 129. Boston. Printed
by J$[artholomew] Green. Sold at the Post- Office.
8 pp. [C.O. 5, 864. Nos. 156-159.]
Oct. 2. 51 1 . Governor Dudley to the Council of Trade and Planta-
Boston. tions. My last letters were of July 22 and Sept. 7 last past,
since my letters by Capt. Huntington and Col. Povey, since
which I have two letters from your lordships, both of Feb. 4 ;
the one referring to Mr. Bridger etc. He is very welcome to
me having long known him a person of skill and industry, and
I shall use all possible methods in my power to put forward the
people in making their returns by those species of naval stores
which H.M. so justly expects to be provided of from her own
people, besides the great benefit it will be to themselves who
have no other species to make return by for one quarter part
AMERICA AND WEST INDIES.
1706.
of wh.-it they import from the Kingdom of England. In tin-
affair of Connecticut and ROHM [aland, and fuHall of
assistance to the Massachusets, I have said an\
that matter but what I thought my duty t.> l-t your Lordship*,
upon whom I am willing to depend, know, and the m-upportable
charge upon ihi- I'n.vin m^ tin- Bulwark of those Colony*,
and if I have gone too farr in it I ask pardon, I shall trouble
your Lord-hips no more with that complaint, but go on cheerfully
with H.M, subjects of this Provirx I have done this last
summer very successfully. The Indians were in May last t
out 300 of them. ;md - nt in 3 troops to fall upon the froi
from Deerfield to Wells about 200 miles in length in open villages,
which forced me to march the one half of two countys near
1,500 men to lodge in all places not knowing where they would
make their impression, and very fortunately met them every-
where, and they are most returned, and the rest going off with
four or five scalps of women and children nnd that is all, and
have left about 20 behind them at two small villages where they
expected to devour all, and I have visited with a good force
all their great fishing and planting places at the heads of the
rivers, so as they cannot live nor plant between Cape Cod and
Panobscot, and some other places where they were never
interrupted in any former warr, and this I am humbly bold to
acquaint your Lordships is so very apparently the favour of
[Almighty God to the] Government here, that everybody publickly
acknowledges it, and Boston and the seaports know little of
these troubles, saving their payments for the support thereof.
I humbly thank your Lordships that my service referring to
the Pyrates was acceptable, they were the first ever prosecuted
and convicted here, and it was an affair of difficulty to perswade
people of the Justice of pursuing those men that brought in gold,
but H.M. acceptance of that service will take off every bold
challenge that has been offered at it. Mr. Usher is still labouring
in the matter of his accounts, and would feign have a finall
direction and answer, but the Assembly is slow and difficult to
be brought to anything. I shall obey your Lordships and miss
no opportunity of pressing it upon them to be just to him as I
think his accounts are to them. Referring to the salarys of
the Governour, for the time being, the Lieutenant Governour,
Secretary and Judges, I have done all I could agreeable
to H.M. Instructions at my first coming, and the repeated
commands ever since, as well out of ohedienee as in hopes of
my private benefit, but seeing how that affair labours, and how
impossible it is at this juncture to obtain it of the Assembly,
I shall not further trouble your Lordships therein, but rest myself
contented with what they please, having a place of my own
and something to support mee, without which could [not] live
upon their present, which in this great Province makes not 360/.
sterling per annum ; and has not yet amounted to the payment
of [my] four great Seals and my equipage I brought hither, if
my service may be but acceptable to H.M. and to your Lordships,
as I perceive every day it is to the universaU satisfaction of the
234 COLONIAL PAPERS.
1706.
Countrey, who depend upon the defence they see every day
provided for them. Capt. Redknap is about a month since
gone to New York to attend my Lord Cornbury in obedience
to your Lordships' direction tho I stand in great need of his
service, and hope he will return as soon as he may, his last service
here was to mount the 20 cannon of H.M. bounty, which are all
disposed of into their proper places, but I have still the grants
which your Lordships will see in the papers of 1,0001. to be laid
out upon the Batterys of Boston, 4001. for a powder-house to be
arched [that] it may not be burned by a bomb, and 300?. to raise
a new work in Winter Harbour Eastward in the rome of Saco
Fort, which is adjudged both by Coll. Romer formerly and Capt.
Redknap now to be so ill placed and so ill built that it will not
be tenible, but fitter to be removed down the River [a] league,
where it will cover a great fishery and be quit of a hill that over
looks [it] within pistol shot. The old work was built by Sir Wm.
Phipps, when there [was] no Engineer in the Province, both
unskillfully for scituation and workmanship, and I have convinced
the Assembly thereof, and they are lately satisfied to pay the
charge of the reform that I now humbly acquaint your Lordships
with. If I shall further know your Lordships' commands, referr-
ing to [the reward of deserters ? ] I believe it might have good effect.
And as to the business of Quebeck and Nova Scotia, upon the
news of the union of the Kingdoms, I most humbly propose
to your Lordships, that a Scotch Colony there of 5,000 men would
find their own Scotch climate and health, and a country fan
surpassing all Scotland, for all sorts of provisions, flesh and fish,
infinite timber and masts the first of the whole continent, and
would with the assistance of these Provinces very easily remove
the French and put an end to the troubles upon the whole shore
of America, and they would be therefore very acceptable here.
I humbly thank your Lordships' acceptance of the affair referring
to the Speaker. While I have the honour to serve H.M. here,
I shall never disturb the affairs with my own humour or pride,
by the help of God, nor take any other methods but such as
are most agreable to H.M. own wise and most excellent conduct,
the good and great effects of which are so apparent at home,
nor did I use any pique in the present instance of the Speaker,
but the very great poverty of the Person, not being able as he
lately offered to pay a tax of a few shillings, when his neighbours
pay'd many more pounds, together with other inconveniencys
attending that Person, which I need not mention, put mee upon
it. I forthwith exprest your Lordships' orders, and H.M. repeal
of the Law of Connecticut, entituled Hereticks, and had in answer
from the Governour of Connecticut his letters of receipt thereof ;
I never yet saw that Law in print, and was absent in the Kingdom
of England when it was made, never yet perused any more of
it then what is contained in the Repeal, and yet I perceive by
the Papers I am reflected on as if assisting or advising the making
thereof, a very unjust and false scandal, which I am used to
from that Gentleman. I am very sorry that the News-Paper
should give your Lordships the least disturbance referring to
AMERICA AND WEST INDIES. 235
1706.
the Quakers, here is no Law in l>, ing that reflect* upon them or
is greivous, saving the military Uw-. wl.it h . . * for
want of service which was made Ix-fore I came hither, but baa
been used as moderately as I can bring to paw. are none
of that {X'rswasion here but will give t- need were of
my fiimdsi ! .,, O f ( . all time*, ar
this matter 1 have reprimanded tin- \\riter. and i<mind him to
tell his news without any reflection for tin future, which I am
sure he will obey, and of this the Quakers here are knowing and
well satisfied. I omit no Session of the Assembly to bring back
and kee[p up] the coin to H.M. standar _mn.u~ly observe
it in Courts and pub[/tc&] receipts, and have told them often
what your Lordships observe, that they above [all] the Planta-
tions are most oblidged, it being their own Law of the Pro-
before [the] Proclamation arrived, and shall always continue
to do my duty herein, and I hope to success. Referring to tin-
broken Seals, I humbly acquainted your Lordships by Col. Povey,
that the Seals in former reigns were publickly [broken] and given
to the Secretarys to melt down, and so by advise when they were
publickly broken in Council the two Secretarys had them.
Mr. Add ngton melted his down, but [upon your] Lordships'
direction I made hast to send and recovered that of New Hamp-
shire before it was melted, and Col. Povey I doubt not has
delivered it to your Lordships. In the affair of the Mohegan
Indians I humbly thank your Lordships' acceptance of what
I did therein, and pray leave to assure your Lordships that I
never sought that Commission, though I allways thought it my
duty to obey it and every other command I shall receive from
H.M. at all times. That I never mentioned to your Lordships
or any Officer any one of those Commissioners named with myself
in the Commission. That I proceeded in it with all honour to
the English Government and Justice to everybody. That the
articles were everyone clearly proved and the judgement given
unanimously. That I never had an acre of land in that Colony
of Connecticut in my life, much less given mee as a reward for
that service. That I never was an enimy to Charter Government .
but to those men that upon pretence of such Government, will
give no obedience to H.M. just and lawfull commands, all which
are falsely insinuated against mee in the papers offer'd upon the
tryall before H.M. Privy Councill, by Sir H. Ashurst. And here
I most humbly ask leave of your Lordships to say that I never
did that gentleman injury, that I am not his inferiour in birth
nor education, nor services which I have been honoured with
from the Crown of England, [yet] I have been allways inveterately
persued by him these 20 years, and in[terru]pted in my coming
hither till I was heard before his late Majesty in Council
and there justified, and forthwith had my dispatches, and I
would feign be at rest from him here, but he still follows mee,
and now it is said here from those papers or perhaps his letters,
that I have obtained an illegall Commission, and proceeded as
illegally in reporting the matter, that some of us here fear least
that Gentleman [would] have us outraged by the people for our
236 COLONIAL PAPERS.
1706.
strict obedience to H.M., but [/ most] intirely referr myself herein
to your Lordships' favour and protection. I have written to
Mr. Chamberlayn to take out the order for Richard Waldron
to be one of H.M. Council of New Hampshire, and some [time]
since acquainted your Lordships that Nathaniel Fryer was dead,
and John [TFare] so old and infirm that he very seldom attended
and prayed to be dismist, and [/ c<m]tinue humbly to offer Col.
Winthrop Hilton and Major Joseph Smith as the [fittest] men I
know in the Province for that service. There is also Mr. Peter
Coffin [/ thi]nk at this time 80 years of age, but he still makes
his attendance. Referring to Mr. Serjeant's refusall to be of
the Council of the Massachusets refers to letters of June 15 (?),
1 703, which give an account that at two Sessions of the Assembly,
I had with all earnestness recommended the setling of salarys,
and the rebuilding of Pemaquid, and particularly in the Session
of October that year had in full session in a [large] speech recom-
mended the duty of the Province to rebuild Pemaquid for their
own honour, security and duty to H.M. commands.
Mr. Serjeant answered mee at the Board he did not believe
a word of it, and accordingly laboured to obtain the Council's
refusall of that vote. If Sir Henry Ashurst would have his
kinsman sit at the Board to contradict H.M. commands and
to reproach H.M. Governour as if speaking falseley in such
important affairs at a Council Board, I hope he will be alone
in that opinion, my education and the character H.M. has
honoured mee with, will not allow mee to be patient of it ; since
which time I must acquaint your Lordships Mr. Serjeant has
carried it with more respect to mee, and I believe I should not
have refused him these two last years, but truly the Assembly
has not seen meet to chuse him, nor have they ever restored
Col. Byfield nor Col. Thomas nor any the other gentlemen they
put out at that time. I have left my answer referring to
Mr. Coleman's complaint to the last, that it might be in a fair
view. In the papers, which I humbly thank your Lordships
I have the copy of, the complaints are ; (i) That he and others
solicited a commission for Halsey in the Charles galley which
cost them 2,500Z. to equip, and could not obtain it, and so were
forced to go to Mr. Cranston for it ; (ii) that at their return they
were forced to wait a month for judgement, and then pay 501.
to the Governour and 150?. to the Judge, in which time the men
had spent all the cargo, which was 2,600Z ; (iii) that I summoned
him to give evidence referring to Col. Cranston's refusall to let
him have the Lord High Admirall's dues, that I then perswaded
him not to be too favourable to Mr. Cranston, and that he was
oblidged to speak the whole truth, and therefore I never asked
him any more for that paper to send to your Lordships, which
he therefore doth himself to shew as he saith the naked truth ;
(iv) that I refused him the pyrates' gold, saying, " and I think
also that I have been very much slighted, that the treasure should
be taken out of my hands, who had given security in England,
and I kept in the dark." And lastly that one negroe was sold
for 40Z. and another for 201. to the Attorney Generall, who is the
AMERICA AND WEST INDIES. 237
1706.
Governour's son. To the first I humbly offer that H.M. and
all Sovereign Princes allow to their QoTCdXM and
expect of them that they use a ju-t |.ni.!rm, and di-.-i
what and how many forces, by sea or land, to equip according
to their capacity, so as they may be safe at h< -
able abroad, and tho' I have equipt more privateer* in this warr
than all the Queen's Government- on the Continent, yt 1 have
taken care not to carry away too many mm ; i vice,
which has been very pressing, not to rob all th mercheant men,
of which yet I have had many con nor to i in ploy unfit
officers, of which the Govcrnour i- i In judge, an being to answer
his prudence tlien-in to H.M. This was the unfortunate vessell,
and Mr. Coleman, Sir Charles Hobby and o re of
her, out of which the pyrates were taken, and though she was
condemned also, they obtained of the Judge of the Admiralty
to have her upon apprai-ement at 200/., tho' a-* Mr. Coleman
saith she cost 2,5001., a much better penny-worth than the Xegroe
boy, and at the same time of their solicitation, the merchants
of this place and severall gentlemen of the Council of an<
value than Mr. Coleman, more earnestly Millieited that *he might
not carry away 100 men, capable to sayle 10 shi>> then ready
to go to sea to the West Indies, notwithstanding all which, I
allowed them to take up men and make ready, while this was
doing I received your Lordships' of Feb. 16, 170}, wherein to
prevent the great irregularities in the granting Commission-
in the Plantations, I am commanded to govern myself according
to a Commission and Instructions, which I was to receive by
your Lordships' next letters. This command I acquainted
Mr. Coleman and the owners of that galley with, and told them
I expected your Lordships' letters every day, and that they
should not tarry an hour after, and this was satisfactory to every
body in this Province except Mr. Coleman and his company,
and the vessell being gone down out of command some time
before by my allowance to get men, they now carryed away the
men of this Province and sailed to Rode Island, and Mr. Coleman
follows them to get Mr. Cranston's Commission, who had my
commission of the Vice- Admiralty on record in his own Court
at Road Hand, and H.M. Id ITS commanding him not to meddle
in the Vice-Admiralty, which by H.M. order was wholly in my
hands, but being solicited by Mr. Coleman, H.R.H
I am of opinion he thought himself safe therein. Mr. Coleman
saith in his letter this was in November ; no sooner were they
gone than about the middle of the same month I received under
cover from Sir C. Hedges the said Instruetions, and gave notice
of it, and dispatched what was before mee, and sent to acquaint
Mr Coleman with it, who smiled at it as too late for him. All
this Mr. Coleman hides from your Lordships, and puts it wholly
upon my will to refuse him, which after your Lordships notice
of that new Instruction I dare not do, and adds that Mr. Cranston
238 COLONIAL PAPERS.
1706.
those Gentlemen and others often, that Road Hand was so
dissolute a place that they would lose all there, which they might
have prevented by coming to Boston. The 1501. was all the
payment that was made to the Judge, Advocate, Register and
Marshall, and was by agreement with them that the owners
should pay to the officers above mentioned, divisible amongst
them 5 per cent., provided it did not not pass 150Z. in the whole,
which is but half what is taken in the other Governments, but
however is allways to be rectifyed by the Judge of the Court of
Admiralty of England, upon whom they depend, and to whom
they have written for direction. The Judge's letters are in this
packet. For the 501. paid my self by Col. Paige, his letter is inclosed,
wherein he justifies me in all poynts [No. 498], and I nor he ever
had any present from Mr. Coleman, and do not expect it, though
I had the trouble to see and receive the owners of that unhappy
vessell, as he saith himself, every day for a month to give out
warrants and allowances for a great number of saylors for that
voyage to allow them to sayle, and which is above all they
disbanded and left my men near 100 at Roade Island to my great
loss, contrary to the Instructions for privateers, a copy whereof
I have also inclosed, and when these men had disparaged the
Admiralty's jurisdiction in my hands, lost mee such a number
of men for want of attending the standing Instruction, for one
of them to make mee a present, which every Governour of H.M.
has from all prizes, and this to be complained of by them that paid
no penny of it, is what I hope your Lordships will not account
a fault, (iii) Mr. Coleman has lost his memory with his truth.
Mr. Secretary Addington acquaints mee that in the papers sent
home last year there is Mr. Coleman's evidence, as now the copy
inclosed, so that I did send for it, and he brought it before my
self and the Secretary, and there swore it. And at my demand
to tell the whole truth he added that postscript, which was all
that I wanted, that he was obstructed and had complayned of ;
your Lordships will perfectly see the value of the man, if you
please but to compare his complaint and this record which will
be allways too strong for everybody, that I did ask it, and had
it, and had the addition made to it to get the whole truth. And
this, my Lords, is the naked truth of that Gentleman. That
I refused him the Pyrates' gold is most true, H.M. Instructions
commanding mee so to do, to take all pyrates' goods and treasure
into safe keeping, and give notice thereof to my Lord High
Treasurer, for H.M. direction therein, which I have strictly obeyed,
to your Lordships' acceptance and H.M. satisfaction. He saith
he was much slighted when that treasure was taken out of his
hands. I do not know whether your Lordships were advised
that 700?. or 8001. of this pyrates' gold was upon a secret division
amongst the owners of that unfortunate vessell carryed home
to Mr. Coleman's house, as was all the rest to the other owners,
and if he means he was injured when the Goverment sent for
that gold and directed him to give his oath that that was the
gold and all that came to his hand, this was a service to H.M.,
and he would have kept me in the dark for all that gold if those
AMERICA AND WEST INDIES.
1706.
methods had thrived, and it would have been an extraordinary
proceeding, after I had searched the town for that gold, and
Mr. Coleman had brought in the biggest share, which he had
secretly divided without any judgement in the Admiralty, or
regard to the Prince's interest, if it had been a la \\full prize,
while himself was the officer, if after all these irregularitys contrary
to my Instructions I had given it to Mr. Coleman again, it had
been an extraordinary proceeding ; I took a better course and
lodged it with a sworn Committee of the best Gentlemen in the
Country, of whom Mr. Coleman 's Master the Commissary General!,
Mr. Andrew Belcher, was one, a man of unspotted reputation,
who as I am told was supplanted by Mr. Coleman out of this very
Office, and I suppose [would] perform it for half the commissions
Mr. Coleman now has. The last article is the rich pennyworth
of the [Negro] ; it is certain that the price of Negroes differ*
from 10J. to 100?. [in the] market. This and everything else
was sold at a public vendue ; and if Mr. Coleman had offered
la. more, he might have had the rich pennyworth himself. I
humbly pray your Lordships to allow mee to say after all this
matter, that for an Officer and a servant of H.R.H. in the
Admiralty, knowing all that is above, to encourage and take
commission from a person without any authority ; to complain
that I would not give him commission, and hide the reason
thereof from your Lordships which was your Lordships' own
Instruction ; to deny that he gave evidence, and say that I was
loath he should say all, when he had done it and added to it
upon my demand, as your Lordships see in the postscript ; to
expect that I should break H.M. commands, and give into his
possession the gold I had taken from him the day before ; to
pretend that prize goods are well and at the best kind sold, when
he himself is the purchaser such articles do not recommend
an Officer. I humbly submit myself to your Lordships' censure
in every thing, but pray not to be left to the calumny of
Mr. Coleman, who is of no further consideration originally here
than the son of a poor Ale-house keeper yet living, and, as they
say, not able to pay his debts. In the two last General! Assembly*
of this Province, I have moved that the Council and Assembly
would address H.M., as upon other heads, so to acknowledge
the receipt of H.ty. Picture, which is disposed and set up in the
Council Chamber, but they are of different minds, and have not
agreed the Address. I only say this because I observe other
Provinces have addressed H.M. upon that head,
ledged the receipt of it to your Lordships and Mr. Phipps, the
Agent of this Province, when it arrived, and prayed him to do
my duty where it was proper, but since it was in the Councill
Chamber, I would have had it done by the Assembly, and shall
yet further move it. Since H.M. favour to Owaneco and the
Moheegs, they have offered their service as voluntiere again-t
the Eastern Indians, which I thought a service both to supply
so many men, and also to secure a breach between them, and
accordingly directed Mr. Mason their guardian to give notice
to Mr. Winthrop, the Governour, and to tell them I would give
240 COLONIAL PAPERS.
1706.
them subsistence and 5s. per week wages as I do to English men,
whereupon a small troop of about 30, with the Sachim's son
is now in the service, since which I understand 'tis an offence
to the Governour of Connecticut they are in the service, and
that I do entertain them, tho' it be upon the reasons above,
and to keep them from starving ; I shall send them home soon,
but thought it proper to acquaint your Lordships therewith.
I have covered to his Grace the Duke of Marlborough the [yearns
accounts of expences at the severall Forts, with the present
state of the or[dnanc]e and stores, ending Sept. 29, having had
no safe conveyance [for the] half year, and in this packet are
the Acts of Assembly, Minutes of Councill [Causes and] other
papers of both the Provinces. Mr. Thomas Allen's Attorney
is here arrived, and has presented [mee with] H.M. Order in
Councill referring to that tryall, which I shall care[/w% obey],
and make all the direction in my power that the Juryes may
find specially and that the matter may stand fairly for a just
and finall judgement before H.M., that it may have an end. I
have given the Judges notice of H.M. commands to give their
answer for refusing the appeal of Capt. Lawson, and they will
obey it by this conveyance. In all times past the Goverment
of this Province have been obliged to purchase their prisoners
from the French at Quebeck and Port Royall, sometimes at 51.
per head, but I have obliged them to return them without pay-
ment by the prisoners I have taken from Nova Scotia, which
I lately returned, and dayly expect the return of a briganteene
I sent to bring away mine from Quebeck, those from Port Royall
being all come home already. If I might have H.M. favour
that 4 or 5 shipps might spend 3 summer months here, I think
both these places might be reduced with a proper force taken
up here, and would be a very fair settlement for a Scotch Province
or otherwise, as H.M. should please. I humbly ask your Lordships'
pardon for this long account of affayres here and I humbly pray
the continuance of your Lordships' favour to represent mee well
to H.M. All H.M. good subjects are easy and satisfied with
the administration of the Goverment, and I believe the Militia
of this Province, and the Assembly of New Hampshire, and the
ministers and Clergy have sent their addresses to H.M. On
that head I have written by Mr. Phipps to attend your Lordships
for direction therein. I pray your Lordships that I may not
be a sacrifice to Connecticut and Road Island, who, as well as
their Agent at home, are angry at my obedience to H.M.
commands, and upon no other head. When I neglect my duty
here, I am willing to be disgraced, and when I am unfortunate
I will pray to be dismissed. In the meantime I humbly pray
that I may not lose H.M. favour in my present imployment, where
I have yet got nothing, which I am perswaded this Province
would be sensible of, if the debts contracted by the warr were
discharged. Signed, J. Dudley. Endorsed, Reed. Nov. 25,
1706. Read Feb. 28, 170f. Edges torn. 9 pp. Enclosed,
511. i. Deposition of John Colman. Boston, Aug. 10, 1705.
Being deputed by John Dod, Receiver of the Lord High
A.\li:i;ic.\ \M) WEST INDIES.
1706.
Admiral, and being informed there was a price brought
into Newport by Capt. John Blew, by tin- n of
Joseph Dudley, Governour and \i<- A'lm I went
to Rhode Island and shewed my Commission to Governor
Crannton. On perusal he fouml it -.ii.| and
the districts thereof," and at ih.\ u< r. no li~tri< -\
of Boston, and could not admit me to be the Reoci
adding that he had put tin- matter into the hands of
the Queen's Collector. I then wrote Mr. Dod, who
sent me another commisKion, impowerin^ me to be
Receiver over all N. England and Rhode Island, and
about the same time H.M. Commissioners for Prices
sent me a deputation to be the Queen's Receiver alxo,
which as soon as I received, I advised Gov. Cranston
of, who then shewed all respect to me as the officer
and accounted with me for the tenths of the prize,
part whereof I have received. Signed, John Colman.
P.S. The money remaining in Governor Cranston's
hands is since reed. Oct. 11, 1705. P.S. At my return
from Rhode Island, I complained to Gov. Dudley that
I was obstructed in my receipt of H.R.H. dues tl
Gov. Cranston kept me out of ye same for more than
two years, and, as I understood, the Government jx'ti-
tioned home that the money might be applied to ye
use of their fortifications, wch. money is now actually
paid to me. Endorsed, Reed. Nov. 25, 1706. Copy.
1J pp.
51 1. ii. Copy of an Article in the Instructions given by Governor
Dudley to privateers. You are not to enter or retain
any man's sons under age, or servants, contrary to
the Law, and before you depart, you are to deliver
into the Secretary's Office the names of the company
with the place of their dwellings, and such as belong
to this Province, you are to bring back with you to
the same, or use your best endeavours so to do. Same
endorsement. I p.
511. iii.-ix. List of causes in the several Courts of Justice
in the Massachusetts Bay, Jan. 1704 July, 1706.
Same endorsement. 19 J pp. [C.O. 5, 864. Nos. 114-
126 ; and (without enclosures) 5, 912. pp. 267-300.]
Oct. 2. 512. Governor Winthrop to Governor Dudley. Acknow-
ledges H.M. Order repealing the Act about Hereticks. NYw
London, Aug. 29, 1706. Signed, J. Winthrop. Endorsed, Reed.
Nov. 28, 1706, Read Feb. 28, 170f Addressed. Holograph.
1 p. [C.O. 5, 1263. No. 137.]
Oct. 2. 51 3. Judges of the Superior Court of the Massachusetts
Boston of the Bay to Governor Dudley. In obedience to H.M. Order in Council,
Masaachuseu. gi ified by your Excellency Sept, 28, to give an account in
writing of the reasons which induced the Court to refuse the
appeal of George La(on, Plaintiff against Peter Sergeant,
Wt. 4912. c lo
242
COLONIAL PAPERS.
1706.
from a verdict of the Court, it appeareth that the Defendant
at an Inferior Court of Common Pleas at Boston, Oct. 3rd, 1704,
obtained a judgment which was affirmed at the Superior Court
Nov. 7 following, upon the defendant's plea in barr of the action
brought by George La[w>]son, the cause not having been committed
in either Court to the jury, as the course of the Courts is, and
hath been by the direction of a particular Act of this H.M.
Province. The Clerk of the Court hath not entered any motion
made by Lason for an appeal, as at all times he hath been used
exactly to do upon such motion made, nor do any of the Justices
remember that he made any such motion, or that the Superior
Court ever refused his appeal, nor had they authority to grant
it, for the sum sued for by him, being but 147Z. 16s., amounts
not to the value set in the Charter etc. Signed, Samuel Sewall,
John Hathorne, John Walley, J. Leverett. Endorsed, Reed,
(from Mr. Sec. Hedges) Dec. 3 1706, Read Feb. 21, 170f 1 p.
[C.O. 5, 864. No. 88.]
Oct. 2. 514. J. Colman to the Council of Trade and Plantations.
Boston. A bond for the 501. Governor Dudley squeezed out of us was given
to his son, for the Governor. The sale of the negro boy was
clandestine, for there had not been due notice thereof, etc. etc.
(cf. Oct. 10, etc.). Signed, John Colman. Endorsed, Reed. Dec. 11,
1706, Read Feb. 28, 170f Holograph. Addressed. 2 pp. [C.O.
5, 864. No. 160.]
Oct. 2. 515. Mr. Taylour to W. Popple. The Lord High Treasurer
Treasury desires the opinion of the Council of Trade and Plantations upon
Chambers. enc i ose( j. Signed, J. Taylour. Endorsed, Reed. 3rd, Read
8th Oct., 1706. Addressed. 1 p. Enclosed,
515. i. Comptrollers of the Accounts of the Army to the Lord
High Treasurer. Comptrollers' Office, Sept. 4, 1706.
Upon Capt. Moody's application for 363Z. 3s. Sd. for
provisions supplied by him to the garrison at St. Johns,
and for his pay from Xmas, 1704, to Nov., 1705, which
he prays may be ordered him without charging respitts,
we acquaint your Lordship that 355Z. 5s. f l\d. has been
paid to Capt. Lloyd and the executors of Capt. Powell
for provisions for the garrison when they were com-
manding there, and 150Z. to Capt. Moody for wine and
brandy furnished to the garrison during the 5 weeks'
siege. In our report, June, 1705, we offered that the
Council of Trade and Plantations should lay before
your Lordship a scheme how the garrison and company
at Newfoundland might be maintained with less
disadvantage to the publick. In which opinion wee
are further confirmed, since we find repeated demands
made by every Governour of that place, which so farr
exceeds the respits and contingencies, and humbly
submit whether this demand of 363Z. is not more
properly examinable by the Council of Trade. Signed,
Arth. Moore. Copy. If pp. [C.O. 194, 3. Nos. 166,
166.1. ; and 195, 4. pp. 285-287.]
AMERICA AND WEST INDIES. 243
1706.
Oct. 3. 51 6. Capt. Moody to the Council of Trade and Plantation*.
*% y i 5 o * a l ourable "-Port- See preceding. Endorsed, Reed.
3rd, Read 8th Oct., 1706. 1 p. Enclosed,
516. i. Sir C. Hedges to Henry St. John, Secretary att Warr.
Whitehall, May 10, 1706. Recommends Ueut. Moody
for the first Captain's commission which becomes vacant.
Copy. 1 p.
516. ii. H. St. John to Earl Rivera. Whitehall, July 22, 1706.
Recommends Capt. Moody for one of the first companies
that shall fall vacant upon the expedition in which
he will attend him. Copy. 1 p. [C.O. 194, 3. Nos
167, 167.i., ii. ; and 195, 4. pp. 288-290.]
Oct. 3 51 7. Governor Lord Cornbury to the Council of Trade and
New York. Plantations. On Aug. 22 last I received from Col. Quary your
Lordshipps' letters of July 18, 1705, Nov. 28, 1705. two V
of Feb. 4, 1704, and one from Mr. Popple of Feb. 9, 170|.
In the first of those letters your Lordshipps are pleased to say
that you expect to hear from me, what has been the effect of
the suspension of the execution of H.M. Proclamation relating
to the coin, in answer to which I herewith send a duplicate of
my letter of Aug. 10. In your letter of Nov. 28, 1705, you are
pleased to direct me to send an account what pay is due to the
Rev. Mr. Mott, late Chaplain to H.M. forces here, and what
effects he has left in the country ; as for effects, he has left some
books, of which I herewith send a catalogue, and a very few
cloths, not worth in all 61., a silver scale, a silver headed cane,
and some other trifles, all mentioned at the foot of the inventory,
I will likewise send you the appraisement of the whole, and wait
your Lordshipps' further directions, before anything is disposed
of ; and upon this occasion I must observe that in the 63rd clause
of my Instructions, the Queen is pleased to reserve the probate
of wills, and the power of granting of administrations to me ;
and this observation I make, not only because it seems to be an
encroachment upon the power granted to me by H.M. Letters
Patents under the Great Scale of England, but because of the
many inconveniencys which must attend such a method of
proceeding, for example, a man dies in New York intestate,
before he comes to New York he contract* severe 11 debts in
England, afterwards he contracts several debts in New
York, the creditors in England, hearing of the death of
the party, obtain letters of administration in England, the
creditors at New York much sooner obtain letters of administra-
tion from the Governor of New York, and by virtue of those
letters of administration they dispose of the effects of the deceased ;
a considerable time after that, the administration granted in
England is brought to New York by some person impowered to
act for the creditors in England, this puts a necessity upon the
Gouvernor, either of not granting any letters of administration
at all (not knowing if they are granted in England or not), or
else of disalowing the letters of administration granted in England,
which I would not willingly doe ; therefore I intreat your
244 COLONIAL PAPERS.
1706.
Lordshipps' consideration of this matter. Mr. Mott did owe
severall sums of money in this place, which if not paid out of
such effects as he has left here, noe person coming from England
must expect any credit here, besides if letters of administration
granted in England must take place here, it will cause great
difficultys among trading men, for men will be very cautious
how they part with their goods upon credit, because it is not
very easy to know what debts a man may have contracted in
England. In your letter of Feb. 4, 170f, you say, that you
have not received my letter of Nov. 6, I am sorry for it, and
shall observe your directions in sending duplicates by different
conveyances, and I am afraid that more of my letters are lost,
because by the Master of a sloop come in last night from Barbados,
I am informed that two sloops belonging to this Port, going to
Jamaica, are taken by the French, and indeed the conveyance
by the way of the West Indies has hitherto proved very uncertain
with respect to these Colonys upon the Continent. Your
Lordshipps are pleased to say you have considered what I have
acquainted you with upon the Bill for raising 1,700Z., I am very
glad to see what has been your opinion upon that matter, and
I have obeyed your commands in acquainting the Assembly
with the method they must follow, in the passing of money bills
for the raising extraordinary supplys for perticular uses ; I have
alsoe acquainted them that the Queen expects they should provide
towards their own security by giving necessary funds for furnish-
ing the Inhabitants with arms etc., they are now sitting, and
I hope will comply. Your Lordshipps are pleased to say that
you hope noe occasion has been given by the Government for
any just diffidence, and that I have and will lay before them
an account of all moneys raised by Acts of Assembly, whenever
they shall desire the same. Whenever they have desired an
account, they have had it, and if you are pleased to direct
Mr. Popple to look into the Journalls of the Assembly, which
I have constantly sent to you, you will find that they did demand
an account of the 1,800Z. taxe, and they had it. There has been
but four money bills past since I came to this Government,
the first was for the raising of 2,OOOZ., which the Country made me
a present of, and which the Queen was graciously pleased to
confirm ; the second was for the raising of 1,800Z. for the defence
of the frontiers tjie winter of 170, the third for the raising of
1,500Z. for fortifying the Narrows, and the fourth for raising of
1,300Z. for the defence of the frontiers the winter of 170|, since
tjiat have noe money bills past, I wish the Assembly here may be
convinced how reasonable a thing it is -that they should raise
funds for the providing arms and amunition for the defence
of the country, but I much fear it, however I shall make use
of the most moderate and persuasive means I can to induce
them to it. I hope to get all the Minutes of Councill and Assembly
ready by this conveyance, but if not, I will send them by the
way of the West Indies ; during the long sicjmesse of my wife
(whom it has pleased God to take to Himself) the Clerks have
been very negligent, because I could not call upon them myself
AMERICA AND WEST INDIES. jr.
1706.
soe often as I would otherwise have done hut now I will keep a
ly hand over them till they have finished. The two frigatU
your Lordshipp.x an- pleased to mention. \i/t tin- Is>w*taff and
the Triton's prize are both here, and are ships fit for the service
for which they an- sent, ('apt. Fane has behave, 1 hiiimelf very
well since his coming into this Port, and I
v-ry good order, and not many have deserted as yet ; but I
can not say the same for Capt. Miles, for he has used his men
soe ill that in 3 months above 40 of his men deserted, and when
some of those who remained were asked what was the reason
their comrades ran away soe fa-t. they -aid it was the ill usage
they had from their captain that forced them to it, particularly
in giving them ill provisions, and indeed when the two -hijw
lay in Kip's Bay, where the Queen's shipps always lye in winter.
Gapt. Fane took care his men should have fresh meat, but Gapt.
Miles's men had none, but were kept to their salt provisions
brought from England. I must acquaint your Lordshipps with
a practice Capt. Miles has used here, and which came very lately
to my knowledge, which is thus, the Captain (upon my telling
him he should cruise in a short time), told me that he wanted
40 men, whereupon I gave him a warrant to presse men out
of the vessells that should come from sea for a certain time
limitted, he does presse men, but afterwards for certain considera-
tions disposes of some of them to some merchant men then going
out from this Port, upon another occasion he dismist one of his
midshipmen, and that man went out Master of a sloop from
this place, and still goes on pressing, which, if suffered, will at
last be the ruin of this place, and I know but one effect ua II way
of preventing it, and that is, that H.R.H. my Lord High Admirall
would be pleased either to appoint a Clerk of the Checque in
this Port, or else to impower the Gouvernor to muster the men
belonging to H.M. ships of warr in this Province, by this means,
as soon as a ship has her complement, the presse will cease, and
the merchants will be able to man their vessels, and indeed I
doe not find but the people are very willing the Queen should
be served, but they think it is very hard that men must be pressed
under pretence of the Queen's service, when indeed there is noe
need of it. I hope your Lordshipps will be pleased to represent
this matter in such a manner that this evill may be remedyd.
Capt. Miles, at his first coming into this Port (which was late in
the year) applyed to me for orders to lay up the ship, and after
the winter was over, he came to me for orders to bring the >hip
downe into the Road, and afterwards came to me for orders to
presse, but when his ship was fit to sail, and I sent him his sailing
orders, he sent me word he could not obey my orders, I sent for
him and asked him what he meant by saying he could
not obey my orders, he told me he had an order from
the Prince to follow such orders and directions as he should
receive from Capt. Fane. I told him if he had any such order,
he had done very ill not to acquaint me with that sooner, and
that he should not have applyed to me for the former orders
as he had done, and I asked to see the order and he shewed it
246 COLONIAL PAPERS.
1706.
to me, I desired him to leave it with me that I might take a copy
of it, he said he would send me one, but has not done it to this
day ; upon his refusing to obey the orders I sent him, I ordered
Capt. Fane to cruise, which he did, and I did not intend to send
any more orders to Capt. Miles, till I had an answer from
Mr. Burchett, to whom I wrote to desire him to acquaint H.B.H.
with this matter, and to desire that I might receive his directions
how to behave myself for the future, with respect to H.M. shipps
of warr appointed to attend this Port ; and this I desire the
rather, because in the 51st clause of H.M. Instructions to me it
is said, that, with other powers of Vice-Admiralty, I shall receive
authority from H.R.H. upon the refusall or neglect of any
Captain or Commander of any of H.M. ships of warr to execute
the written orders he shall receive from me for H.M. service
and the service of the Province under my Government, or upon
his negligent or undue execution thereof, to suspend him etc.
But as yet I have received noe such directions, soe have forborn
doing anything against Capt. Miles ; but in a short time after
Capt. Fane was gone out, I received advice from the West Indies
that Monsieur D'lberville with a squadron of French men of warr
under his command had burnt St. Christophers, and that he
intended to attack some other of the Islands, and then intended
to destroy this place hi his return to Old France, the same accounts
came to severall of the merchants of this City from their corres-
pondents, and particularly from St. Thomas's, one Mr. Serurier,
a French merchant, wrote to Mr. De Lancey, one of our
merchants here, that he had been on board Mr. D'Iberville, and
that he had all the reason in the world to believe that he intended
to attempt this place ; the people here were so much the more
easily persuaded of the truth of this report because in 1701
Mr. D'Iberville came into Sandyhook, with a ship of 50 guns,
and pressed a man in East New Jersey to pilot his ship up to
a place called the Watering place, which is near Staten Island,
within sight of this City, and about nine miles from it, he lay
there between a month and six weeks, and sounded all the Bay
and the River from the point of the Fort to Sandyhook, with-
out Capt. Nanfan's taking any notice of it, soe that he is perfectly
well acquainted with this Port ; these reports encreasing by
every vessell that came from the West Indies, the people here
began to be very uneasy, and full of aprehensions of the danger
they were in, considering the Fort was quite out of repair, the
City quite open, having noe manner of fortifications about it,
and almost aU the guns dismounted, and the carriages of the
rest rotten, soe most of the considerable merchants in town
joined with the Mayor and Aldermen hi a Petition to me, in
which they desire that I would give directions for fortifying
the City, and for mounting the gunns. Upon this I called the
Council!, I acquainted them with the Petition I had received,
and desired their advice, who told me that the best way would
be to incourage subscriptions for the advancing money to carry
on the work, till the Assembly (which stood then prorogu'd to
Sept. 12) could be got together ; upon this I desired the Gentlemen
AMERICA AND WEST INDIES. 247
1706.
of the Council! to appoint a meeting with the merchant*
at the City Hall, which was accordingly done, and subscriptions
taken to a considerable value, and some money paid downe info
the hands of four merchants of thin City, who were appointed
to receive and pay out the money that should be received upon
those subscriptions, the four were Col. D'Peyster, Gbpt. Lurtinir,
Capt. Read and Capt. Provoost ; upon thi- I inmicdiatly wrote
to Host on, to (apt. Rrdknap, H.M. Ingenier, to desire him to
make what haste he could to this place, that we might have his
directions and assistance in putting ourselves into a posture of
(U'frncr. as soon as d. .1 my letter, he acquainted Col. Dudley
with it, and desired he might have leave to set forward immediatly
towards New York, Col. Dudley acquainted the (Jentlenu-n of
H.M. Council! for the Massachusetts Bay with it, and they were
of opinion that Capt. Red knap ought not to be permitted to goe
till he had finished some works that were begun there, HOC that
we were deprived of that Gentleman's assistance, though not
by his fault, who was very ready to come, upon this the people
began again to be very uneasy, and pressed me again to give
directions for the fortifying the City, which I did and in few
days we run a line of stockadoes from the North River to the
East River, which is about 45 chain, and raised a good brest
work, not only there but along the River side, we have raised
3 Batterys upon the East River, one of 22 guns, one 7 guns,
and one of 8 guns ; 3 Batterys on the North River, one of 9 guns,
one of 5 guns, and one of 3 guns, and one Battery upon a point
of rock under the Fort of 11 guns, we had not guns enough of
the Queen's to suply all these batterys, but the City have
borrowed 18 guns out of a Scotch ship which lay at Amboy,
and some merchants here, who have some few guns for sale, have
likewise lent them ; I thought this a favourable opportunity
to get the Fort repaired, which stood in great need of it, and I
have got the walls repaired everywhere, the parrapet (which
is of sodd work) all new done, and all the guns that wanted
carriages new mounted, and others repaired, soe that now
have 46 guns mounted upon the walls, and the courtines and
bastions of the Fort in as good repair as they can be without
new building; upon this occasion, notwithstanding my former
resolution of sending noe more orders to Capt. Miles, I did send
him an order to fall downe to Sandyhook with the ship under
his command, to remain there till Capt, Fane came in and then
to proceed upon his cruise, this order he thought fit to obey, and
soe has continued doing till a few days agoe that he came in
from cruising and sent me word that he was at Sandyhook,
the ship had received some dammage, and that it was not safe for
the ship to ride there in the condition she was in. I immediatly
sent him an order to bring the ship into the Harbour, but this
order he would not obey. I do not write this to your Lordshipps
as a complaint against Capt. Miles, but only to let you see what
difficulties sometimes I meet with, with some of the Gentlemen
that have the honour to command the Queen's ships, and to
desire that I may have directions how to proceed in cases of
248 COLONIAL PAPERS.
1706.
the like nature. The new Seale for this Province came safe
to my hands, and I herewith send your Lordshipps the old one
broken according to your directions. Signed, Cornbury. I
had almost forgot to acquaint your Lordshipps, that upon the
news of the French intending this way, I drew together the Militia
of this City, Kong's County, Queen's County, Richmond County,
West Chester County, and the West end of Suffolk County and
Orange County, which together made up 2,200 men, besides
in the Countys of Essex and Bergen in the Eastern Division of New
Jersey, which is but just crosse the River, there was 700 men in
arms, soe that in 24 hours I can have near 3,000 men in this
City. I herewith send an account I just now received from
Carolina. Endorsed, Reed, from Mr. Sloper. Nov. 28, Read
Dec. 5, 1706. Holograph. 7 pp. Enclosed,
517. i. An Impartial Narrative of ye late Invasion of
S. Carolina by ye French and Spaniards, Aug. 1706.
Carolina being not onely a frontier to the English
settlements, but also frequently menaced by the
Governors of St. Augustine and the Havanna with an
invasion, it became absolutely necessary to prepare
for the same, accordingly (Sir N. Johnson being
Governor) Charles Town was with all imaginable
dispatch surrounded with a regular fortification, and
100 choice great guns mounted thereon, the Militia
by frequent exercise well disciplin'd, and all other
necessarys reduced to a millitary posture for their
reception. In which state the affairs of the Province
remained when it pleased God to visett us with a grevious
pestilence, which raged cheifly in Charles Town, took
off a great many of the inhabitants, and begann to
spread throughout the whole Province, which misfortune
comeing to the knowledge of our enemies encouraged them
to conclude that now was the only time to execute
their designs agt. us, and one Monsr. Le Feboure [or
Faboure~], Commander of a private man of warr, hapen-
ing at that time to be at the Havanna, with 4 other
privateer ships, the Governor at last prevailed with
them to undertake the invasion, reinforced with about
800 men, and directed ym. to call at St. Augustine
for more supplys, and from thence saile directly for
Charles Town. The first accot. we received of them
was by Peter Stool [a Dutchman, Nov. 19], Commander
of a privateer sloop belonging to New York, who, having
lately refitted in this Port, sailed for the barr of
St. Augustine, intending to cruize thereabouts some
time in expectation of a ship with money on board
to pay that garrison. On Saturday, Aug. 24, he returned
and informed us that the Wednesday before he engaged
a french ship of[/] Augustine Barr, where [he] lost 2
men and had 5 wounded, and that the day before he
was chased by four ships on this coast. He had not
been arrived scarce above one hour, and not done
AMERICA AND WEST INDIES. KM
1706.
relating tl.i* news, before wee (Uncovered from the
town 5 smokcH on Sullivane's Island, uhii-h Dignified
that so many vessel* were by that look-out aeen at
sea, upon whirl, I.t r,,| \\,||, tm Ilhete [Rhett] (being
the Commandt r in Chi. t thru in town) caused the alia rum
to be mad. -. ili-j.;itr|,,-'i i n* to the Governor
and his superior Officers, and gave the necessary orders
for that night. That v. nin^ thr . n. my came uj>
with our Barr, but would not venture to come
and then stood again off to sea, being near ni^ht.
Aug. 25th. On Sunday morning Col. .lame* Kwbie
came into town and received advice from tin- Look-out
that the enemy appeared to the southward of the Barr,
manning their galleys perriauguers and boat*, wherefore
iree expected them to land upon us that night.
the afternoon Major General Brought on eam- to town,
and two companies under Capt. David Da vie* and
Capt. Wm. Canty, about the same time al.-o most of
the Gentlemen belonging to the troop commanded by
Col. George Logan came to town, stnckt watch being
kept all that night. 26<A. The next morning
Country Com pa. marched out of the lines of the Town,
and took up their quartern half quarter of a mile from
the same, it being thought convenient not to expose
them, but in case of new necessity, to the sickness of
the Town. All that day the Enemy continued at
anchor at Folly Island, their boats sounding the Barr.
The same day our Governor came to Town, viewed
our preparations and gave the necessary orders, his
presence gave great encouragemt. to us all having strong
confidence in his courage and conduct, in the evening
our forces were again drawn into Town. 21th. On
Tuesday morning the companies under Capt. Johnson
Lynch and Capt. George Hearn marched with[in] a
quarter of a mile of the Town, ready to enter when
ordered, and Capt. Jonathan Drake's com panic from
James Island came over to Town. The same morning
the Enemy with four ships, one galley and a small
craft to land their men (to ye great surprize of our
Pilots, who esteemed it almost impossible) came over
the South Barr, and having a fair wind and tyde wee
expected would have come directly to the Town, but
they stretched along and came to anchor under
Sullivanes Island, whereupon the Governor drew up
all the fforces quartered near the lines, and march't
them into Town, in order to receive the enemy, and
Capt. Fenwich's* company being on a neck of land
lyeing between Wandoe River and the sea, a sloop
was sent over for them, which the enemy perceiving
sent out their galley to intercept them, but failing in
Spelt Fen wick in account of Nov. 19.
250 COLONIAL PAPERS.
1706.
their purpose, our men were all safely landed at Charles
Town.
In the evening Marshall Law was proclaimed, and
the forces then in town disposed to severall quarters,
keeping a strong guard all night, the whole Town being
illuminated with lights from every window, the which
was repeated every night during the allarum. 28lh.
The Santee Company under Capt. Longboys [James
de Longbois, Nov. 19] march't into the Town and Capt.
Seabrook's Company from the southward. This morning
a Council! of Warr was held, where it was concluded
that 3 ships, one briganteen and two sloops then in
the harbour should immediately be fitted together
with a fire-ship in order to take or destroy the enemy,
who still continued at anchor under Sullivan's, the
command being conferred on Lt.-Col. Bhett. The
same day a Flagg of Truce came on shore with a message
to the Governor. The Messenger being brought into
Granville Bastian, then commanded by Capt. Geo.
Evans, where he remained for some time, and being
presently afterwards introduced to the Governor, he
told him he was ordered by M. le Feboure in the name
of the King of France to demand that wee should
surrender to him the town and country and our persons
to be prisoners of warr, adding that his orders were
to give but one hour's time to determine an answer.
The Governor told him that it needed not a quarter of
an hour or a minute's time, for he was not in a condition
to be obliged to surrender the Town, but would defend
it etc. ', that he valued not any force he had, and bad
him goe about his business. The Messenger departed,
seeming very much surprised at our strength and
numbers. 29th. Wee perceived the enemy's boats
landing a party of their men on the beforementioned
neck of land, and in a short time severall smoaks arose
near Col. Dearsly's Creek, which wee afterwards under-
stood to be from two vessells riding in the creek, which
the enemy sett on fire. Upon this Col. Risbye and
Major Parris were ordered to detach a party of 100 men
to be sent over to attack the enemy, but being just
ready to embark, were countermanded, and that service
referred to the next morning, at which time it was
hoped to land and fall on them undecern'd, which
succeeded accordingly. The same day another partye
of the enemy, about 30 men, went on shoar at James
Island, and sett fire to a house, whereupon the Governor
commanded Capt. Jonathan Drake with his company
to march over and disturb them, but being observ'd
by the enemy's ships, they fired a gun to call their
men back, who recovered their boat, and in great hast
put off before Capt. Drake with his company could
come up with them, but the Indians marching faster
AMERICA AND WEST INDIE& 261
1706.
came time enough to exchange several! shotU, and
wounded 2 or 3 in UP at. 301ft. Two hoon
before day news was brought by a negro from the Neck
that the enemy, consisting of about 160 men, had been
on sli oar all that night, had kilTd a great many cattle,
fowls and other ttock, and were securely feasting and
making merry, whereupon the Governor immediately
commanded Capt. Frnwirh with hin comnany together
with a detachmt. out of the companys of Capt. Lynch
and Capt. Canty, about 106 men in all under Capta.
Fenwich and Canty, to pass over to the neck to cut
off the enemy. Undiscovered they landed at Hobcau,
and Cuj't F nwich leaving about 10 men to guard
the boats, advanced in pureuite, sending 2 soldiers
and half a score nimble Indians as scoutU before
him, and having march't about 5 mile mett the afore-
said scouts returning with accot. that they had seen
the enemy at Rowler's plantation being then distant
but half a mile from them, whereupon Capt. Fenwich
wth. speed and silence advanced towards them, and
being come up to the fence of the Plantation were they
were undiscovered, spread themselves in order to
surround them, but the enemy perceiving them, and
being but a party of the main body, imediately retreated
receiving our fire without any return on their si<l-.
wee pursueing them came up to Gill's Plantation half
a mile distant from Rowzer's, where the enemy meeting
another party of their own men railed and faced us,
disputing the ground for some time and exchanging
severall values, but huzaing and rushing on them,
they gave ground, and in great disorder fled to their
main body which were at Hartman's Plantation about
a mile further. In this action wee killed them 6 men,
wounded 4 and took 2 prisoners, with the loss only of
one man, and Capt. Fenwich pursueing this good begining
and the flying enemy, came up to Hartman s Plantation,
where their whole strength consisting of about 130 men
were drawn up in order of battle in the middle of the
pasture, being a large open feild of about 160 acres
of ground, seeming resolv'd to engage us, whereupon
Capt. Fenwich and Capt. Canty likewise drew up (MB
men full of eagerness and desire at sight of the enemy
to fall on them, and advanceing within half musquett
shott poured in their volley with [t which] the enemy
sustein'd and return 'd theirs, but seeing our men running
on huzaing with a desperate resolution to engage them
closer, they imediately quitt the field and fled away
in great disorder and confusion, but being prevented
from heading the creek, the greatest part of them fell
into our hands and begging quarters were made prisoners
of warr, others attempting to escape by swimmg the
creek were drowned. In the whole loss sustained by
252 COLONIAL PAPERS.
1706.
the enemy there were 9 killed, 7 wounded, about 7 lost
in the creek and 33 prisoners taken, with the loss only
of one man on our side, so that of about 130 men, there
returned but 60 to the ships or thereabouts, the rest
being either killed or taken prisoners, with which good
success Capt. Fenwich and Capt. Canty with their
men and prisoners returned to the Town by 11 of the
clock. The Governor being rightly informed by them
of the posture and circumstance of the enemy, and
the vessels being in readyness gave orders for those
forces to embark where [? who] were allotted to mann
the ships. 31s. On Sat. morning our fleet, consisting
of 6 vessells and a fire-shipp under Lt.-Col. Wm. Rhett
as Vice-Admirall, sett saile towards ye enemy, who,
seeing us make towards them, in great hast and confusion
gott under saile standing for the south barr, and in a
very little time by the help of a favourable wind and
tyde gott not only out of our sight but overr the accidents
of that dangerous barr, and dirty weather comeing
on, the ships return'd again to the harbour before
Charles Town.
On Sunday afternoon Capt. Watson in the sloop
Seaflower was ordered to the barr to see if he could
discover any of the enemy's ships, and, returning with-
out any accot. of them, from a point of land on the
Neck he took off 14 prisoners, who being deserted by
their vessels surrendered themselves prisoners of warr,
and the Governor being fully informed that the enemy
were fled, discharged the alarum and declared marshall
law to cease.
The same day at night John Abraham Motte com-
manding a pad round the Neck, sent an express to the
Governor acquainting him that a vessell was seen
rydeing at an anchor in Sea-wee Bay, who were landing
a great many men, whereupon the Governor concluding
this vessell to be ship which the prisoners told us the
enemy expected, wherein was Monsr. Arbousett, their
Land Generall and severall officers and abt. 180 or
200 men, resolved to take her and accordingly the next
morning [Sept. 2nd] commanded Capt. Fenwich with
his company to join Mr. Mott's pad round and together
by land march to Sea-wee Bay to anoy the enemy and
intercept their landing, and intending also to attack
her by sea, appointed the Seaflower and the afore-
mentioned privateer sloop for that expedition under
Lt.-Col. Rhett. Orders were accordingly given
Col. Risbie to put on board a number of men ; the
Seaflower was forthwith maned, but severall gentlemen
and others who were willing to share in the danger
and honour of that design, but desirous of the company
of Col. Risbie, the Governor at his earnest request,
permitted him with Capt. Evans and his Company
AMERICA AND WEST INDI m
1706.
to goe on board the privateer sloop. That mominir
both sloops sailed over the Barr, and made the beet
their way for gea.wee Bay, but there being little
wind. i!, ( y came to anchor that night off. 3rrf7 Ckpt
l'< nwich and Mr. Motte had notice that abt. 20o
the enemy were landed and ashoar at Mr. Hollybos
I lantation, upon which they immediately marched
towards them, endeavouring to nut the.,, 'from their
boats ; they found them in an open plantation dvan-
tagiously posted, but runing up to them boldly huzaing
and firemg they durst not sustcin tin- .-harp-, for seeing
severall of their men fall, the restcryed out for quarter?
there was abt. 12 or 14 of them killed and wounded
and about 60 prisoner*, among whom tin nun of note
were Capt. Pasquereau, Commander of the ...hip, Capt.
John Baptist, with 4 more officers without th. ],, ,,f
one man on our side. Capt. Fenwich and Mr. \
returned that night, and the prisoners the day following.
The 2 sloops early the same morning putt under Hade
crowding for Sea-wee Bay, when between 2 and 3 a
clock in the afternoon the Seaflower being about a
league ahead, on a suddnin tack'd toward > th. Privateer
acquainting Col. Risbye that they had seen the ship
ryding at anchor in the Bay with the yards and topmasts
down. It was agreed that the privateer heading the
van should board the enemy on the quarter and the
Seaflower on the bow ; in which order with a resolute
cheerfullness both of sailors and souldiers wee bore up
the helme, when comeing up with the ship and ju-t
ready to lay her on board, she strok, cryed for quarters,
surrendered their ship, and yielded themselves prisoners,
having 4 guns then mounted and loaden and Ix-tweeo
80 and 90 able men, among whom was M. Arbousett
and severall other officers. On the 6th the sloops
with their prize returned to Charles Town, where tin-
great guns from the Batteries and the shouts and
acclamations of all the people proclaimed their w.ll-
come. We have now in all about 230 prisoners, French
and Spaniards, and about 90 or 100 Indians, which
they brought with them. And thus through
Providence of Almighty God the malicious designs
of our enemies are defeated, and their fleet like a second
Spanish Armado, who had thc[y] <! intended
nothing more than the utter mine of the flourishing
Collony. The bravery and conduct of our Genii, the
Governor was very remarkable during the whole allarum,
who a It ho' worn out with age and pain forgot t nothing
of the duty of a great Commander, being frequently
on horseback at all hours of the night, to see his orders
executed, and infusing by his example life and courage
among the people, resolv'd not to outlive the fate of
the Province. His worthy son-in-law, Major Genii.
254 COLONIAL PAPERS.
1706.
Broughton is next to be remembered ; the rest of the
officers behav'd themselves like men worthy their
General!, and the common people upon all occasions
shew'd themselves ready to dye in defence of their
country. Capt. Stoole largely contributed to our
preservation. The vessels employed in this expedition
were. (1) The Crown galley, 12 guns, 96 men.
(2) Mairmaid galley, belonging to Col. Thomas Gary,
Governor of North Carolina, who chancing to be here
about some private affairs, cheerfully assisted the
publick cause. (3) Richard galley, Capt. Thomas
Spread, 16 guns, 6 patteraroes, 146 men, the bloody
pennant flying at his main topmast head. (4) William
galley fitted on this occasion as a fire-ship, Capt. Kember
(5) Flying-horse sloop, Capt. Peter Stool, 8 guns and
80 men. (6) Seaflower sloop, 100 men, Capt. Wattson.
[Add from acct. sent Nov. 19 : In the French ship
we took their field canons being of copper, and their
standard being white sarsenet having ye French and
Spanish' arms at each corner and a green crosse in ye
middle, and with this motto Par le signe de cette crois,
vaincre ou mourir pour les deux Rois.] Endorsed, Reed.
Nov. 28, Read Dec. 5, 1706. 10 pp. [C.O. 5, 1049.
No. 19; and 5, 1120. pp. 490-508 (covering letter
only) ; and (enclosure only) 5, 1263. No. 128.]
Oct. 4. 51 8. N. Byfield to Mr. Secretary Hedges. States case of
Bristol, the Charles prize and replies to complaints of John Coleman.
[See C.S.P. 1705, No. 1274.] Signed, Nathal. Byfield. Endorsed,
Reed. Dec. 3, 1706, Read Feb. 21, 170$. Addressed. 3 large pp.
[C.O. 5, 1263. No. 136.]
Oct. 4. 519. Governor Parke to Mr. Secretary Hedges. Acknow-
St. Xphers. ledges letter, where you hope I am arrived etc. I have been
3 months arrived ; and I would desire you to remember whose
fault it was I arrived no sooner : I sollicited for a ship to carry
me for allmost a year, and allso for stores, but had not the good
ffortune to procure either. You order me to enquire into the
miscarage of these Islands ; I will informe you in few words ;
there is about 300 men on Neviss, and the French landed 3,000,
'tis true they might have done better and killed some of the
French, but that is all, for the French at last must have beat
them. I went to take deposetions, and I found there was no
end ; for everybody complained wth. just caus against their
Lieut. Governr. and the C. in C. Col. Johnson, and allso against
each other, there is hardly one man but is impeached for a coward
or ill conduct by some or other ; so that I found there would be
no end of that manner of proceeding, for if every one must be
turned out that was in fault I must have turned out all, and
where shou'd I have found others to putt in their places ; for
Nevis was a rich little Island, but there are but few people, the
Island was devided amongst a few rich men that had a vast
AMERICA AND WEST INDIES. IN
1706.
c <>mmon people, bat a few
>
f 66 ' and
200 - not
-
n *u : Codrington i, M ,k tfc same methoc to
rum St. Kitts, that is, he granted all the Branch land to rich
men that only Rent Home negroes to plant the land, by wch. mean*
the Island was not one whit the stronger ; those grants are now
out and the Assembly have addressed me to give no grants
but to the inhabitants of the Island, or to those that will bo
obliged to come -and settle here, wch. method I take: and
encourage all the poor people I can to come and settle hen.
by giving them grants of land. I s|,,,ul<l have suspended
Col. Johnson had he lived, for I think he was wanting in his duty
both before and after takeing of Nevis, for he nev. r wtoi to them
till I carryed him theither ; but poor man he was not so much
to be blamed as Col. Codrington. Repeals his account of Col
Johnson. He and Codrington put the people of Nevis to an
excessive expence to build fforts wch. are not worth one bit of
bread etc. You lett me know 'tis necessary for me to live at Nevis
or St. Kitts ; I have spent most of my time at St. Kitt. I gott
at Nevis what they call the feaver of the Island, wch. is in plain
English the Plague, for you have the tokens and break out in
sores. I thank God I am now well tho in a continuall sv
there is only a small branch devides St. Kitts from Nevis, no
. broader than the Thames at Long Reach ; where I live at
St. Kitts I can see into the Harbour of Nevis, nothing can come
in but I can discover them and in two hours can be wth. them ;
'tis necessary I should be at Antigua some times becaus 'tis ye
windennost Island and leys nearest Martineque ; so I propose
during the rainy season at Antigua, wch. is six months, to live
at Nevis and St. Kitts, and the other six months to live at
Antigua, .and the two Islands have providferf] a House for me
accordingly, yt. is have settled so much on me to provide my
wth. one, 'tis a greater service to me to live at one Island, for
than I shou'd have one House, etc. Repeats part of following.
You order me to give all manner of encouragement to those
negroes that behaved themselves well, there is very little credit
to be given to reports, I heard a hundred fa Ice ones before I got
there ; two negroes behaved themselves very well and those
their masters incourage, and I gave them some mony to drink
the Queen's health, etc. Signed, Daniel Parke. Endorsed, Reed.
Dec. 15. 4 pp. [C.O. 239, 1. No. 15.]
Oct. 5. 520. Governor Parke to the Council of Trade and Planta-
St. Xphers. tions. After I had sealed my last packett with the two laws for a
provission for a House at Antegua and St. Kitts, I gott the Councill
and Assembly of Antigua to signe the inclosed Address, wch.
we desire your Lordships to present to the Queen. As the ffleet
were sayling to Nevis to take up those ships, we met the
Sheemess who came from Jamica. The Capt. informed me
he had lost company of the Jersey and Greyhound in a storm
and that I might expect them every houre ; when the ffleet
arrived at Nevis and St. Kitts, I ordered the Capt. of the Swan
256 COLONIAL PAPERS.
1706.
to make a signall for the Masters of the mercht. ships ; when
they came on board they were asked if they were willing to stay
a few dayes for the Greyhound, wch. they all consented too ;
accordingly the Greyhound and Jersey arrived in six dayes, but
they are both disabled haveing lost their masts in that storm ;
I have much adoe to perswad the Capt. of the Greyhound, who
is the Commodore, to suffer the Medivay prize to sayl with the
ffleet, tho' he declairs he cannot sayl till he can gett new masts,
wch. are not to be had in these Islands ; he has not yett
concented, but I hope to perswade him, for I have no power
over any of the ships of warr that comes as convoy. We
have had an unfortunate accident here, the lightning sett
fyer to our magazine on Brimstone Hill, and blew up all the
powder, and threw down one bastion of the ffort, killed a
Lieutenant and several men, the Island must be at a great charge
to maintain the soldiers and new build that part of the fort that
is distroyed ; God help us, we are the only unhappy people of
the Queen's Domenioris ; I brought with me 1.5 barrills of powder
to Nevis from Antigua, for at Nevis they had scarce any. I must
send the Swan to Barbados to gett more powder both for the
Greyhound and this Island ; sure I have the hardest taske of
all the Queen's Governors tho' the least sallary, four distinct
Governments to take care off and nothing to do it with. I hope
the affairs of these Islands will mend, for certainly they cant
be much worse ; we have no stores, nor men, and the Enemy
all round us. Mr. Poggson is not yet tryed, I can get no Attorny
Genii. ; I made one at Antigua to try Capt. Sanderson, the
Attorny Genii, had no fee, but the Councillor that was for the
prisoner had 20 pistols ; 'tis worth your consideration to gett
some sallary settled on the Attorny Genii. ; I can not aske the
people to settle any, they are at so great a charge to defend their
Islands. I have given a Commission to Major Genii. Hamilton,
the Lt. Governor of St. Kitts to be Governs of Nevis in the room
of Col. Johnson, and Col. Lambert, the President of the Council
of St. Kitts, I have made Lieut. Governor of St. Kitts, they
are both very good men, and have been uppon all the service
in this part of the world ; these Gentlemen are very agreable
to the Gentlemen and Inhabitants of these Islands, and I think
at this juncture they ought to be gratefied, therefore hope your
Lordships will have them confirmed. Signed, Daniel Parke.
Endorsed, Reed. Dec. 17, 1706, Read Feb. 10, 170f. Holograph.
3 pp. [C.O. 152, 6. No. 72 ; and 153, 9. pp. 439-443.]
Oct. 5. 521 . Mr. Thurston to the Council of Trade and Plantations.
The disbursements of the Commanding Officers at Newfoundland
for provisions have arisen cheifly by the late arrival of H.M.
provisions from England. Proposes that in such case the officer
be obliged to repay himself out of the provisions when they do
arrive. However the yearly provision from England may for
the future be reckoned on from every 1st of Nov. As making
good damaged provisions has been sometimes found a charge
upon H.M., Commodores may be directed to make a strict survey
AMERICA AND WEST INDIES. 257
1706.
of provisions on their arrival, and make good out .f -hips of
war. Provisions for prisoners, or the case of Capt. Moody can
be brought under no regulation. The present allowancV
contingencies, 50J. yearly, in designed only for fire and candle
for the company, and foun I i . ,,f ,}.
garrison, to be too little for that service. Signed, J. Thureton.
Endorsed, Reed. Read Oct. 8, 1706. 3 pp. [CO. 194 3
No. 168 ; and 195, 4. pp. 291-293.]
Oct. 7. 522. Governor Parke to the Council of Trade and Plantn-
St. Xphers. tions. Repeats part of Oct 5. Signed, Daniel P. ndorsed,
Reed. Read Dec. 5, 1706. 1 p. [C.O. 152, 6. No. 66 ; and 153 9
pp. 417, 418.]
Oct. 7. 523. Caleb Heathcote to the Council of Trade and Planta-
New Yorke. tions. A proposal for fitting out men of war and building frigates
in America at half the present cost in England. Signed, Caleb
Heathcote. Endorsed, Reed. Nov. 26, 1706. Read Feb. 21,
170f 2 pp. Enclosed,
523. i. Estimates for above scheme. Oct. 4, 1706. Signed,
Caleb Heathcote. 3 pp. [C.O. 5, 1049. No*. 25,
25. i.; and 5, 1121. pp. 2-12.]
Oct. 8. 524. R. Mompesson to the Council of Trade and PI mtations.
New York. Returns thanks for their approbation of him as Chief Justice
and Councillor, etc. I think ye best method is in all things (as
far as conveniently may be) to observe the laws and statutes
of England, and the practice of Westminster Hall. And I have
had so good success therein, I may already say of this Province,
that I should have no cause to be ashamed if any Record were
removed hence by writt of error etc. And I hope in a term or
two I may say the same of New Jersey, wch. I found without
any scheme, or plan, of Law or Justice. Praises the Governor,
who never interposes with ye proceedings of the Courte, but
is still ready to hear anything that comes regularly before him.
But there has been no writ of error brought from ye supream Court
in either Province since I have ben concerned there, etc. On
Mr. Pen's proposal before I left England, and request since,
and ye invitation of the Lieut. Governor of Pensilvania and
others there, I officiated as Cheif Justice of yt. Province and
the Lower Countys in the Spring, and thought to have don so
again this fall. But their Ordinance, or Act of Assembly, for
establishing their Courts having been rejected in England, thriv
must be a new establishment by the Governour and Assembly.
At wch. time, if they give me any suteable encouragement and
a power of doeing them good, wch. I scarce had by their last
ordinance, I shall be ready to serve them : their Courts not
interfering with those of York or New Jersey. Signed, Roger
Mompesson. Endorsed, Reed. Nov. 25, 1706, Read Feb. 28,
170f Holograph. 3 pp. [C.O. 5, 1049. No. 27 ; and 5,
1121. pp. 13-16.]
WU 4912. c *7
258 COLONIAL PAPERS.
1706.
Oct. 8. 525. Governor Dudley to the Council of Trade and Planta-
Boston. tions. I humbly acquainted your Lordships by Mr. Popple on
Sept. 7, which being an uncertain conveyance, I therefore now
repeat. That I had a number of French prisoners belonging
to Port Royall, and they had near an equall number of mine,
and some that belonged to Virginia taken at sea, which I
was willing to exchange, and accordingly sent a sloop to Port
Royall on that score. The Master I employed was one Rouse,
who foolishly and wickedly agreed with a fishing vessell or two
to follow him, and hoping for some gain, carried trade with him,
cloaths and grain, and at the same time one other vessell managed
by Capt. Vetch, that came from Darien when that place broke
up, was concerned also, and sayl'd to the Poynt of Cancer
on the back of Newfoundland ; I had soon advice thereof and
they were all apprehended and committed to prison, and the
people thereupon in a very great displeasure, that anybody should
be so wicked as to labour to supply the Indian rebells that were
fled from us, and whose planting these three years I had prevented
by very hard marches of the Queen's subjects into all the remotest
parts of their Settlements. The Generall Assembly being sitting
at the time, I allowed them to take cognizance thereof, as the
Charter doth admit, and upon a long hearing and process six
of the said persons are fined as the inclosed account contayns.
The Acts of the Assembly are now laid before your Lordships,
and I have underwritten and agreed the Acts severally with
these words, " saving to H.M. her royall prerogative referring
to the fines as I am commanded." I am humbly of opinion
that the fines are beyond the power of some of them (especially
Rouse) to pay, and would have been glad they had all been
moderate about the one half ; to which if H.M. will of her royall
grace please to remit them, or however it shall please H.M. to
dispose, I most humbly and absolutely submit it to her royal
pleasure. I am sensible that the persons in their applications
to your Lordships and elsewhere will reflect upon some methods
in the Proceedings especially of the House of Representatives,
but when it shall be remembred that they are farr distant from
home, of less education and knowledge in the Law, and in a very
great displeasure against traders with the enimy, aggravated
by a hard pressure of the enimy, at the very instant when this
was discovered, it will go a great way in their excuse. It was a
very difficult thing for mee to keep the people within bounds
in their displeasure, and I was something fearfull of an outrage
upon the delinquents, but it is well over, and the proceeding
of the Generall Assembly. The members will to be sure use
their endeavours to make it look well and satisfactory to the
people everywhere, and no other Court could have done the same.
I assure your Lordships that I was never more sorry for anything
in my life than that so ill and inconvenient a thing should happen
to enrage the people while they are under so heavy taxes and
hard service to starve and destroy the enimy ; that I have used
all possible means in my power in the proceedings to have them
moderate as well as reasonably satisfactory in so publick a case ;
AMERICA AND WEST INDIES. 259
1706.
that I have no animosity to any the pernonH delinquent*, who
had suffered to the last degree, if I had not with aU the skill I
have laboured to quiet the people ; tint I shall be very glad of
H.M. favour to any or all of them. M well a to all her good
subjects in the Government, who are at tlii- time ;>.itient of the
utmost charges and heavy service for H M honour a- well as
their own support. Repeats part of following. I further humbly
acquaint your Lordships of the receipt of your Lord-hip-' let
of May 31, commanding a Thanksgiving to Almighty God, which
I have ordered to be celebrated on Thursday, Oct. 17, and doubt
not but all H.M. said subjects will devoutly do their duty, and
acknowledge such unspeakable favour to their Sovereign and
nation, wherein they have their share. Signed, J. Dudley.
Endorsed, Reed. Nov. 25, 1706, Read Feb. 28, 170f 2} pp.
Enclosed,
525. i. Certificate that the following are authentic copies.
Signed, J. Dudley. 1 p.
525. ii. Copies of the accusations, affidavits and proceedings
July 12 Aug. 7, 1706, against John Borland, Saml.
Vetch, Roger Lawson, William Rouse and Ebenezar
Coffin for trading with the French etc., as above. (Cf.
Oct. 21.) Endorsed, Reed. Nov. 25, 1706. 23 pp.
525. iii. Proclamation for a Day of General Thanksgiving
on Oct. 17 for H.M. victories, the defence of the planta-
tions, " the plentiful Harvest after the immoderate rains
and excessive floods in the beginning of the summer ;
for the great measure of health, the return of many of
our prisoners etc." Signed, J. Dudley. Boston, Sept. 19,
1706. Same endorsement. Printed. 1 p. [C.O. 5,
864. Nos. 134-138 ; and (without enclosures) 5, 912.
pp. 300-306.]
Oct. 8. 526. Governor Dudley to Mr. Secretary Hedges. My last
Boston, to your honour was on April 23, since which I have the honour
of yours of May 9, with directions about the Admiralty's fees,
which I shall forthwith cause the Register to enter in his
book, as also your Honour's letters of May 30, with the joyfu
news of the glorious progress and success of H.M. armes every-
where which is very farr advanced since, as I hfear] by the news
from Lisbon directly, and shall as I am commanded use all
methods to let the Spaniards in the West Indies know it to
advantage, and I believe it will be m[ost] certainly welcome to
them All H M. shipps from Jamaica and Barbadoea are [gone]
down' into the great Bay, towards Port- Abell [? Porto Bello] in quest
of the French shipps, and I hope carry this good news with them
to (rive it to the Spaniards, and our Privateers in the Indies have
been so busy that they have taken 5 of D ebervill s prizes
carryed from Nevis, in which most of their Treasure w. and
brought them into several parts. The middle of Ifept.
shipps came into South Carolina and demanded the place Sir
Nathaniel Johnson was so ready as upon [their] landing to kill
and take 250 prisoners, and one of their shippe, and
260 COLONIAL PAPERS.
1706.
gone off. In these Provinces I have had the French and Indians
in 3 small marches upon me this summer of 100 in a troop, who
spread themselves like Raparees all over the frontiers, and thereby
put me to a greate cost in garrisoning and scouting but have
done mee no other harm, and I have o[bliged] the French
Governour to restore mee my prisoners the Indians at the first
erup[tion] took from mee, and I am in a much more secure posture
than in any former warr and the people very easy and satisfied,
the contrary to which having as [we are] informed been offered
to H.M., I have allowed the military officers of 11 Regiments,
the Ministers and principall merchants of the Country to make
[their humble] Addresses to H.M., Mr. Phipps, their Agent, will
wait upon your Honour -with them for direction therein. I
have got nothing here since my coming. The allowance the
Assembly make is not worth 350Z. sterling per annum, but they
will do more in peace. I would not have all the hardship and
another the profit, but I humbly and absolutely referr myself to
H.M. favour, and desire to have it no longer than I shall strictly
and successfully do my duty. Soon after the assault and ravage
the French made upon St. Christophers, and their distress there-
upon, I gave out a Brief for a charitable [collection thro'out
this Province, which amounted to about 700Z. [wAjich by the
Commissary Generall I layd out in provisions, fish and flesh,
and have [<se?i]t it to the Government of the said Island, in two
vessells, one of them is already [arrjived there, and the other
gone, I hope it will be an acceptable service to H.M. to have
this Province notwithstanding their trouble and distress to
shew their [du]ty to their Nation. I continue humbly to pray
that if it be possible these Provinces may [ha]ve the favour to
be visited and assisted with a proper strength for the [m&]duing
of Canada and Nova Scotia, without which it were better if
H.M. [saw] meet that I did accept the truce they have offered
mee these two years, not [that] they can do me any great mischief,
but that they put mee to an infinite [cost] to guard the frontiers,
which would thereby be saved, and they know that tho I have
men enough, I cannot ruine Quebeck without 4 or 5 of H.M.
[s/M]ps and some mortars. Inclosed is the answer of the Judges
of H.M. Superior Court of this Province for their refusall of
Lawson's appeall v. Serjeant, which I was commanded by H.M.
in Council to send home, and I humbly pray your Honor will
let be presented, the order of Council was signed by Mr. Musgrave.
Signed, J. Dudley. Endorsed, R. Nov. 26, 1706 ; and Reed,
[/row Mr. Sec. Hedges} Dec. 3, 1706, Read Feb. 21, 170f Edges
torn. 2 pp. [C.O. 5, 864. No. 85 ; and 5, 912. pp. 228-232.]
Oct. 8. 527. Mr. Addington to Win. Popple. The subscribers
Boston. of enclosed are Members of Council and principal merchants
within this Province, etc. Signed, Isa. Addington. 1 p.
Enclosed,
527. i. John Foster and Andrew Belcher to [? Mr. Addington].
H.E. having communicated unto us a clause in a letter
from John Colman to the Council of Trade and Plantations,
AMERICA AND WEST INI) I
1706.
that the owners of the Charles could not obtain a
commission from him for her as a privateer, we make
bold to observe that we have alwaiea perceived a
forwardness in H.E. to encourage privateers, and Com-
missions have been granted to many. At th time of
that application, seamen were extreemly scarce and
a considerable fleet was ih.n preparing for the West
Indies. The merchants seem'd very much concerned
that a vessel that carryed a great number nt m. n -Mould
be fitted out as a privateer to the obstruction of trade,
and ourselves with others pray'd H.E. that they might
not then have a Commission. Signed, John Foster,
Andrew Belcher. Endorsed, Reed. Nov. 25, 1706,
Read Feb. 28, 170f 1 p. [C.O. 5, 864. Nos. 145,
146.]
Oct. 8. 528. Same to Same. Encloses Acts, Journals of Assembly,
Boston, and Minutes of Council, etc. Signed, Isa. Addington. Endorsed
as preceding. Addressed. Ij pp. [C.O. 5, 864. No. 147.]
Oct. 10. 529. The Royal African Company to the Council of Trade
and Plantations. Having by direction of your Loshps. viewed
the Act of Barbadoes for establishing a paper creditt, we are of
opinion that ye forceing a paper creditt in this manner will of
consequence be very prejuditiall to all merchants traders to
said Island, and that unless a circulation had been provided
for, that all persons might have money for said paper on demand,
it must inevitably occation a discount on said paper-creditt,
and consequently in buying and selling of goods ye payments
in paper must be considered, and cause a difference in prices
betwixt that payment and money, whereby it will be a very
great loss to us, the Royall African Company, and to all those
who shall be forced to take their present debts in paper, which
loss may be more insu portable by reason of the uncertainety
of the discharge of said paper at ye expiration of the said Act.
The hardships and inconveniencyes put upon ye traders by
reason of this forct creditt will doubtless be a very great
obstruction and discouragement to ye future trade and navigation
to said Island, and doe pray your Ldshps.' intercession to H.M.
that ye said Act be timely disannulled. Signed, John Pery,
Sec. Endorsed, Reed. Read Oct. 10, 1706. | p. [C.O. 28, 9.
No. 55; and 29, 10. pp. 132, 133.]
Oct. 10. 530. Mr. Addington to Mr. Popple. Refers to possible a ppeak
Boston, of Rouse etc. [see Oct. 8], and encloses copies of his instructions,
whereby all trade is plainly restrained, etc. But he managed a
trade both with the French and Indians by himself and others etc.
Signed, Isa. Addington. Endorsed, Reed. Nov. 25, 1706, Read
Feb. 28, 170f. Addressed. 1 p. Enclosed,
530. i. Copy of Minutes of Council of the Massachusetts Bay,
April 17 and 26, 1706, instructing Capt. Rouse to
262
COLONIAL PAPERS.
Oct. 10.
Boston.
Oct. 10.
Boston.
1706.
ransome some English ships at Port Royal. Endorsed
as preceding. 3J pp. [C.O. 5, 864. Noa. 148, 149 ;
and (without enclosure) 5, 912. pp. 310, 311.]
531 . Governor Dudley to Mr. Popple. This accompanies
all the papers from both provinces etc. These provinces I thank
god are in good order, well satisfied, better secured then in any
former warr. I pray your favour in my affayres. I have lived
ever since I came hither in a hurry of warr and trouble with
the Indians, while all the other Govermts. are at peace etc. Signed,
J. Dudley. Endorsed, Reed. Nov. 25, 1706, Read Feb. 28,
170f. Holograph. 1 p. [C.O. 5, 864. No. 140; and 5, 912.
pp. 307-309.]
532. P. Dudley, Attorney and Advocate General of the
Massachusetts Bay, to the Council of Trade and Plantations.
Encloses following in reply to Mr. Colman's " foolish and ground-
less aspersion." The sale was public and there was another negro
sold at the same time at the same price etc. The Judge never
asked above 5 p.c. for the condemnation of that prize etc. Your
Lordships had never been troubled with that Gentleman's
complaints, but that, contrary to his trust as Receiver, he has
for the most part himself bought the prizes that have been
imported to this place, etc. Signed, Paul Dudley. Endorsed
as preceding. 2| pp. Enclosed,
532. i. Certificate that a negro boy taken from the pirate
John Quelch, was bought by Paul Dudley for 201.,
the highest bid at a public sale at William Skinner's,
the Swan Tavern, after some days notification in public
places. Boston, Oct. 6. 1705. Signed, N. Shannon,
Vendue-master. Endorsed, Reed. Nov. 25, 1706. 1 p.
[C.O. 5, 864. Nos. 150, 151 ; and (without enclosure) 5,
912. pp. 312-315.]
Oct. 12. 533. Major Lloyd to Mr. Secretary Hedges. I received
St. Johns yours of June 6, and give you my humble thanks for your kiend
* caution to me of my behaviour, etc. As soon as ye shypps
departed this land last year, I thought it my duty to view
Platientia, which accordingly I did, and to all outward appearance
it seemed to me to be in a very weake and careless condition
which oppinion was soon after confirmed by a party of French
we took att Ferryland, who gave out that there was not above
350 inhabitants and soldiers that wintered there. This spring
I made ye inclosed proposall to ye inhabitants of St. Johns,
for attempting Platientia, which had they condescended to,
I do not question but we should have succeeded ; 42 masters of
families signed for it, but could not prevaile with ye majority.
The 10 of May last I went agen towards Platientia, on ye 14th
I took a strict view of it, and on ye 17th do. arrived back att
St. Johns. Haveing had a report here this summer of a squadron
of men of warr being intended for this land, in order to reduce
ye French, I take leave to offer my oppinion. Every one yt.
AMERICA AND WEST I.YDIKS 263
1706.
knows Platientia must allow ye entrance of ye harbour to be
in breadth not above 00 fathom, cross which there is a strong
chaine yt. runs slanting on ye Lower For!, \s hid. has in it :ji piece*
of canon, ye muzzles of which may almost be said to touch ye
shypps in goeing in, and if one be sunk (whirh to me in almost
impossible to be otherwise) ye rest cannot pass ; n.uh.r can
they returne, by reason of ye strong tides t here ; I suppose
they do get into ye harbour, they are of no further use then
landing men in order to attack ye Forte by land ; therefore I
humbly conceive ye sending of men of warr to Newfoundland
in order to ye reduceing Platientia are of no further use then ye
transporting of land forces, which must be ( on-i<l. i a hi. -, if in ye
summer time, in consideration yt. ye French generally have
about 3,000 men att Platientia dureing theire fishing season.
Ye reduceing Platientia is best to be effected by 4 or 500 men,
who shall depart England ye middle of August, and make the
best of their way to a harbour called Capelin Bay, being 13 leagues
to ye southard of St. Johns, giveing ye commanding officer of
the garryson of St. Johns (and none el>e) an aeet. of th.in
arrivall ; If att any time H.M. approve of this my proposal!,
1 do engage to effect ye service ; and would without dispute
have done it last year, had ye troops, intended, arrived. After
we took a party of French att Ferryland last winter, they have
not since molested any part to ye southard of St. Johns.
March 2nd. I pursued a party of French of 27, who wen- in
Consumption Bay, tooke some of theire Indians prisoners, but
could not come up with ye rest, since which that Bay has not
been disturbed ; dureing my absence this time, 5 French and
2 Indians came to St. Johns and burnt an empty house, and
did no other damage. Repeats part of Sept. 13. So that all
ye damage ye English in this country received since my last
comeing is ye burning an empty house att St. Johns, and ye
carrying away one boat load of fish from Trinity Harbour, and
I am not under ye least apprehension of any damage the French
can do us this winter, etc. Signed, Tho. Lloyd. Endorsed, R.
Nov. 26. Reed, (by the Board of Trade) Dec. 3, 1706, Read Jan. 17,
0f. Holograph. 3 pp. Enclosed,
533. i. Major Lloyd's Proposal to the Inhabitants of St. Johns.
The English in Newfoundland are 3 times the number
of the French, and I think the surprising of Placentia
very feasable. I can have from Carbonier. Little and
Great Bell Isles between 2 and 300 men, if you at St.
Johns will agree that one hah* of your men should goe,
I will lead them etc. Same endorsement. 1J pp.
533. ii. Stores of war proposed by Major Lloyd to be sent
next year, if his proposal for taking Placentia be
approved. Signed, Tho. Lloyd. Same endorsement.
1 p.
533. iii., iv. Captains of H.M. ships of war at Newfoundland
to the Council of Trade and Plantations. The Addresses
to H.M. and your Lordships were signed voluntarily.
Signed, Jon. Underdo wn and four others. 2 pp.
264 COLONIAL PAPERS.
1706.
533. v. Traders and Inhabitants of St. Johns to the Queen,
Sept. 24, 1706. Return thanks for " the late great
instance of your Majesty's Royal favour of leave to
form ourselves into a Militia, the only means that cou'd
have inabled us to be serviceable," etc. Praise Major
Lloyd's unwearied bravery. Pray that he be continued
in his command and that his pay be increased etc.
95 signatures. Endorsed, Reed. Dec. 3, 1706. 1 large p.
533. vi. Commanders of Merchant-ships at Newfoundland
to the Queen. In praise of Major Lloyd etc. as preceding.
He supplied necessary provisions to the inhabitants
at reasonable rates etc. 59 signatures. Same endorse-
ment. 1 large p.
533. vii. Inhabitants of Newfoundland to Mr. Secretary
Hedges. Pray that their appreciation of Major Lloyd
and his officers may be laid before H.M. 85 signatures.
Subscribed,
533. vii(a). Commanders of ships at Newfoundland to same.
The above was signed voluntarily. 36 signatures.
Same endorsement. 1 large p.
533. viii. Inhabitants of Consumption Bay to the Queen.
Major Lloyd has scoured the country and secured us
from the enemie, to whome by ill management and
misbehaviour of our late Officer we lay most miserably
open. Pray that he may be continued in command etc.
39 signatures. 1 large p. [C.O. 194, 4. Nos. 2-9
(not including No. vii) ; and (not including No. i.) 194,
22. #os. 70, 70. i.-vii.]
Oct. 12. 534. Affidavits sworn before Commodore Underdown,
Newfoundland, Oct. 12, 1706. Repeat Nos. 173-189. 16 pp.
[C.O. 194, 24. No. 1.]
Oct. 12. 535. Paul Dudley to Mr. Secretary Hedges. I troubled your
Boston. Honour some time since with an Address referring to proper
ffees for bur Court of Admiralty. Acknowledges receipt of table
of fees, to which we shall in all things conform ourselves, iltho
it can't be thought that our proceedings can in all things answer
and come up to what they are at home, but are in a more summary
way, and yet convenient enough for our present circumstances.
The table of fees relates to prizes of the Crown only ; our
difference has been hitherto only with privateers or their owners
of whom we have hitherto demanded 5 p.c. upon the value, to
be divided one half to the Judge, and so in proportion to tie
other officers of the Court, and have thought it very moderate,
considering that the poorest ffactor in this country makes as
much of his business, and especially when the Courts of Admiralty
in Virginia and Maryland have constantly taken, and do still
take, some 15, some 18 p.c. for fees on such prizes. We have
not had above 8 or 10 prizes this warr, and indeed the whole
business of the Admiralty is so very small, and the Court itself,
being by commission from the Crown, so obnoxious to some of
AMKIIK \ \\i ffBg] IM.IKS. _.,,.-
1706.
S^^""' ib *t il : Wi11 ** mUCh f r H M - Mrvioe *"<* *"*
to have the Hcvcral officers encouraged with a handsome allow-
ance in the matter of prize*. Refers to the owe of the CkarUs
lately condemned in this Com, I hope a B soon as may be we
shall have your Honour's final d.-t.-nnin,,ii,,r, and directioi The
Gentlemen concern 'd kept your Honour'. Inhibition i>, ih.-ir
pockett near 18 months before el t upon the .1
or officers of the Court, Signed, Paul Dudlry. Bndor*,/
Nov 26 1706. Reed, (by ike Council of TraL) Dec. 3, 1706
So 86.]' 17 f Addr "" d ' " Ofo ^' 'I PP-
Oct. 13. 636. Lt. Governor Usher to the Council of Trade and
Plantations. From time to time by severall conveyance* I
gave your Lordps. an account of the state of this Province
? New Hampshire], at all times made it my business to follow
and put in execution all orders and directions from H.E., by
reason no provision made for lodging and dyett by the Province
L have bin more absent from the same than otherwise should.
As to H.E., has taken care for repairing the Fort, and Is now
in good posture of defence, tho' when larivrd could not fire thr.-r
guns to doe service, the command of the Fort in good hands,
and due care taken. The French and Indjan enemy last sumer
quiett, this sumer about 300 from Canada disperet themselves
in small parties on frontier places of the Massathusets Governm* nt
by H.E. prudent care, next under God, the enemy met with
such a repulce wherever they made an assault, went of with
greater loss then gaine. Wee expect no peace untill the Ft
at Port Royall and St. Johns be subdued, wch. by command
of a good souldier, may easily be effected, must say we have not
any here fitt for service. H.E. hath admitted Major Vauhan
to be of the Councill, with humble submission did here him say
the King ought not to have the Govermt., but the People. I
charged him with imbezeling the Books of R-ecords, and especially
the booke in 83, 84, 85, wch. Booke there i^ 23 Iravo < utt out,
which was the judgements Mason obtained against the People,
are all cout out, and still keepes the Records by H.E. order.
Also when Vauaghn was Treasurer, disposed of the money contrary
to the grants, all wch. I am ready to prove. Repeats charge against
Partridge. As to the Massathusets Govermt., there were sundry
persons traded with the French and Indjan enemy, supplying
them with armes, ammunition, provisions and clothing. It is
supposed the Indjans made use of some to destroy H.M. subjects,
both in New England and Newfoundland. They were tryed
by Governor and Councill and Assembly, for heigh misdemeanors,
had mults lain on them, all wch. I judge H.E. will give you an
account of. If the Records of tryall should be sent over, thrir
will appeare very great villany, and had the matter bin >tri< tly
examined, severall great persons would have bin found concern 'd.
As to lumber, pitch, tar, etc., I humbly offer, in case the Laws
made by the Govermt. here were put in execution, would answer
the end, with an order to the Governor here to take care of the
266 COLONIAL PAPERS.
1706.
same, may salve the charge the Crowne is now at. As to any
orders from your Lordps. H.E. has not thought to commuicate
the same to me, soe not capable to answer. I have serv'd the
Crowne many years, in which I have spent my time and estate
in H.M. service, yet never had lodging nor dyett allowed me
to this day. I value my reputation to be true to the trust
reposed in me, hope your Lordps. will take the same into con-
sideration. Signed, John Usher. Endorsed, Reed. Nov. 25,
1706, Read March 28, 170f. Addressed. Holograph. 2 pp.
[C.O. 5, 864. No. 176 ; and 5, 912. pp. 340-342.]
Oct. 14. 537. Mr. Jenings to the Council of Trade and Plantations.
Virga., The convoy with our great ffleet of mercht. ships sayled Sept. 17,
Williamsburg. e C Altho nothing of moment hath since occurred I think itt
my duty not to omitt any opportunity of acquainting your
Lordps. of the quiet state of the country, and yt. our incourage-
ing cropps as well in quality as quantity are gott well into the
houses, where in probability they may for some time lye, here
being but five small ships in the Govermt., and little expectation
of any from England, the consigneing Planters being more
desirous to lett their tobacco for some time lye, than transport
itt after soe large a ifleet, yett ships with goods would bee welcome,
being soe great a want that some parts of the country are
promoteing and applying themselves for the makeing of Hnnen
and woolen, wch. an early and good supply in some measure
would dash. I have transmitted a list of such Patents that are
prepared to bee signed att the usual time in Oct. for your Lordps.'
consideration. The stop that must bee putt to them I am doubt-
full may cause a murmuring, and itt would bee very satisfactory
to have your Lordps.' resolutions and commands therein.
Signed, E. Jenings. Endorsed, Reed. 20th, Read 24th Jan.,
170f. Holograph. If pp. [C.O. 5, 1315. No. 38 ; and 5,
1362. pp. 90, 91.]
Oct. 14. 538. Governor Lord Cornbury to the Council of Trade
New York, and Plantations. On Jan. 17, 170|, a man of this town, one
Jackson, came to acquaint me that two Ministers were come to
town, one from Virginia, and one from Maryland, and desired
to speak with me. I said they should be wellcome to come to dine
with me, and then I found by their answers that one, whose name
is Francis Mackensie, is a Presbyterian preacher setled in Virginia,
the other, John Hampton, is a young Presbyterian Minister lately
come to settle in Maryland. They talked of indifferent things,
they pretended they were goeing towards Boston, they did not
say one sylkble to me of preaching here, nor did not ask leave
to doe it, they applyed themselves to the Dutch minister for
leave to preach in the Dutch Church in this town, who told them
he was very willing provided they could gett my consent, they
never came to me for it, they went likewise to the Elders of the
French Church, they gave the same answer, all this while they
never applyed themselves to me for leave, nor did they offerr to
quallify themselves as the Law directs, but on the Monday
AMERICA AND WEST INDIES. . :
1706.
following I was informed that Mackenaie had preached on the day
before at the house of one Jackson a . -maker in this town.
that Hampton had preached on Lon^r I i ' .,.!
Mackensie after having preached hen or, Sund.-.y wan gone
to Long bland with intent to preach in all the town* in that
Island, having spread a report there that they had a Commwwon
from the Quern to preach all along thi* Contm.nt I was
informed on the same day from New Jersey that the same men
had preached in severall places in that Province, and had ordained
after their manner some young men who had preached wii
It among the Dissenters, and that when they were aked if
had leave from the Government, they said they had noe need
of leave from any Governour, they had the Queen's autl
for what they did. ^ These reports induced me to sen< 1 a r i .1 -. I r t o the
Sherriff of Queen's County on Long L-hnd to bring them to this
place, which he did Jan. 23 in the evening the Attorn. y Generall
was with me, I asked Mackensie how he came to preach in this
Government without acquainting me with it, and without
qualifying himself as the Law requires, he told me he had
qualified himself according to Law in Virginia. ving
so done he would preach in any part of th< gu. . -n's Dominion*
as well as Virginia, and that the licence he had oht< im<l there,
was as good as he could obtein here, I told him that Virginia
was part of the Queen's Dominions as well as this Provmoe,
but that they are two different Governmts., that no order or
law of that Province can take place in this etc. He told me h
understood the Law as well as any man, and that he was satisfyed
he had not offended against the Law, that the penall laws of
England did not extend to and were not in force in America,
to which the Attorney Generall replyed that if the penall Laws
did not take place in America, neither did the Act of Toleration,
nor is it proper, said he, that it should, since the latter is noe
more then a suspension of the former, Maekensie said that the
Queen granted liberty of conscience to all her subject** without
reserve. I told him he was soe fair in the right that the Queen
was gratiously pleased to grant liberty of conscience to all her
subjects except papists, that he might be a papistt for all that
I knew, under the pretence of being of another ]M-rswasion, that
therefore it was necessary he should have satisfyed the Govemmt.
what he was before he ventured to preach, upon that he told me
that he would quallifye himself in any manner, and would settle
in this Province. I told him whenever any of the people of either
of the Provinces under my Govenimt. had doired leave to call
a Minister of their own perswasion, they had never been denied
it, but that I should be very cautious how I allow'd a man -<.
prone to bid defiance to Govemmt. as I found he was, he
that he had done nothing that he could not answer, soe I ordered
the high Sherriff of this City to take them into his custody, and
I directed the Attorney Generall to proceed against them aeording
as the Law directs, which he has done by preferring an indictment
against Mackensie for preaching in this City without qualifying
himself as the Act of Tolleration directs, the Grand Jury found
268 COLONIAL PAPERS.
1706.
the Bill, but the Petty Jury acquitted him, soe he is gone towards
New England uttering many severe threats against me. As
I hope that I have done nothing in this matter but what I was in
duty obliged to doe, espetially since I think it is very plain by
the Act of Tolleration it was not intended to tollerate or allow
strowling Preachers, but only that those persons who dissent
from the Church of England should be at liberty to serve God
after their own way in the severall places of their abode without
being liable to the penaltys of certain Laws, soe I intreat your
Lordships' protection against this malicious man, who is well
known in Virginia and Maryland to be a disturber of the peace
and quiet of all the places he comes into, he is Jack of all Trades,
he is a preacher, a Doctor of Physick, a Merchant, an Attorney,
a Councellor at Law, and which is worst of all a Disturber of
Governmts. I should have sent this account sooner but that I
was willing to see the issue of the Tryall. Signed, Cornbury.
Endorsed, Reed. July 31, Read Aug. 17, 1708. Copy. 3 pp.
[This duplicate was enclosed in Lord Cornbury' s letter of Feb. 10,
1708.] [(7.0.5. 1049. No. 92 ; and 5, 1121. pp. 319-323.]
Oct. 15. 539. F. Duport to [? the Board of Ordnance]. When the
merchants etc. concerned in St. Kitts and Nevis made their
last application for relief, Mr. Sec. Hedges replied that H.M. had
ordered such care shou'd be taken of them as to satisfye all
reasonable persons etc. I find that no small arms or fire-locks have
been ordered for St. Kitts amongst the divers stores shipt on two
transport ships for the use of both Islands, this particular being
what the people there want most for the defence of their forts,
several of their own having burst in the late French invasion.
400 small arms and 6/1barrels fine powder, screws etc. the least.
Signed, F. Duport. [G'O. 239, 1. No. 14.]
Oct. 15. 540. Merchants trading to Barbados to the Council of Trade
and Plantations. Your Lordships having been pleased to com-
municate to us an <Act of Barbados for establishing a method
of credit there, and required our opinion of it, we thankfully
acknowledge your Lordships' favour, etc. We are apprehensive
that it will prove of very pernicious consequence, not only to
particular persons, but also to the whole Island in generall, will
introduce greater necessitys than it pretends to relieve, and can
be of noe reall advantage to any other than the person appointed
by the Act to issue out the Bills of Credit, and to his clerks and
under-officers, which our opinion is grounded upon the reasons
following. (1) This Act compelling an acceptance of these Bills
under a large penalty, all creditors by mortgage, judgements, bonds
or other securitys, who lent their money at interest, and perhaps
would continue that credit untill the debtors are better able
to pay than they are at present, will be oblig'd to accept these
Bills which carry no interest to the creditors, and must either
part with them at a large discount, or keep them till the 5 years
appointed for the continuance of this Act expires, which will
be 501. loss upon every 100Z., and destroy credit in that Island
AMERICA AND WEST INDIES.
1706.
for the future. (2) Absent crediton, to whoee Agents or
Attorneys any Bills shall be tenderd in payr iay loose
a great part or the whole of their debts ; for if the Ager
Attorney refuses these Bills, he forfeits half the value of 'em,
and if he takes 'em and does not present them to the Treasurer
within 20 days after the year from the date of 'em expires, the
Bills are to be voyd, and the Treasurer discharged from receiving
'em. This gives encouragement to the corrupting of Attorneys
and Agents, and leaves the principal! creditor without money.
(3) This Act likewise compelling an acceptance of these Bills
in satisfaction of contracts, flfew, if any, person* will import
provisions or other necessarys for life into thin Island , >r if
they doe, will raise the price of 'em proportionable to the loose
they must sustain by keeping such Bills till the Act expires, or
by the discount they must make upon tendering them in pay-
ment. This consequence will affect all the inhabitants equally,
and make those who have Reall Estates, tho' under no pressure
of debts, to take up Bills of Credit in their own defence, and
such who have no Reall Estates, and therefore cannot take up
Bills of Credit, must eat, drink and be clothed at greater expenoe
than before, and be thereby reduced to poverty. (4) The dis-
count that will attend these Bills, and the rise of provisions thereby
will occasion the rise of sugars and other product of the Island ;
the consequence of wch. will be that the sugars, etc. sent from
Barbadoes hither, must either not be sold at all, or at a greater
losse than that Trade can bear, unlesse all our sugar-plantations
were under the same circumstances. (5) Though the Bills issue
from the publick, the ffunds out of which thev are to be paid
are private or very uncertain ones, and such as are not so*
sufficient a security as persons under a necessity of receiving
them ought to have. For the ffunds are the Estates of such as
take up the Bills of Credit upon their obligations, which are
therefore to be given to the person issuing out these Bills, and
to be in the nature of Judgments at Law, and in case of
insolvency of the obligers, the 3/. per cent interest payable on
those obligations is to be applyed to the payment of the Bills
issued to such insolvents, or those Bills are to be made good
by the publick out of the first ffunds that shall arise, by a warrant
from the Governor for the time being, with the consent of the
Councill. This provision is neither safe nor sufficient, and
depends too much upon the single understanding and integrity
of one man, viz. the person issuing out these Bills. For he is
sole judge of the titles of the Estates to be charged, tho perhaps
not skilled in the Law, and may issue Bills to persons upon
insufficient titles. The obligations are to be made to him and
kept in his custody, and are not ordered to be recorded and if
they should be stolen, lost, destroyd, or carryed from the Island,
or if he should refuse to issue out warrants upon 'em, the debts
are lost, or the publick must bear the burthen : for the security
of 20.000/., which such person gives for ye due execution of his
trust, is not adequate to the great trust repos'd in him, and that
security may likewise prove defective. Negroes which are
270 COLONIAL PAPERS.
1706.
declared part of the security for the Bills to be issued, and are
the only Real! Estate some persons have, are subject to so many
contingencys as render them a very slender security, and not
fit to be forced upon any man. The provision against counter-
feiting Bills, by ordering them to be endorsed by all persons
tendering them in payment, extends only to Bills of III. value,
and to none under that summe, which leave encouragement
to counterfeit Bills of less value, and the Forgers may goe off
from the Island before they are discover'd. If any considerable
losse should happen by any of the accidents abovementioned,
or through the insolvency of the obligers, which the 31. per cent
will not satisfy, future Assemblys may refuse to raise any fund
to make good such losse. But if none of the accidents above-
mentioned should happen, there is not sufficient encouragement
for purchasing the lands of such persons who will not or cannot
pay the money due on their obligations when the Act expires.
For the sale is to be made without any judiciall proceeding of
Record upon the bare warrant under the hand and seal of the
person issuing out ye Bills, and by a Bill of Sale from the officer
to whom it is directed, without any return to be made by him
on record, and if the warrant for the sale shall happen to be lost
or destroyed, or the officer who executes it makes any mistake
by deviating from or exceeding his warrant, the sale may be
impeached, and the purchaser lyable to be evicted, and if there
should not be purchasers, or sufficient money in the Island to
pay for the lands expos'd to sale, this Act must be repeated
[? repealed] or the Island depopulated. The allowance to the
person issuing the Bills is very extravagant, ffor if Bills of Credit
to the value of 200,000?. should be issued (as 'tis probable there
will) and continue soe for 5 years, that person will have actually
received 50,000?. down for his trouble and for the salarys of
his clerks and officers, and the creditor who us'd to have interest
for his money will have none, and have paper only for his principall
to be answered by a precarious ffund. Pray that the Act may
not have H.M. approbation. Signed, George Lillington, E.
Chilton, Rich. Bate, Guy Ball, Rd. Scott, James Gohier, David
Miln, Edward Alanson, Thomas Ward, John Saile, Jonath.
Leigh, John Dersley, Edward Lascelles, Matthew Matson, Abrah.
Mendez, R. Hallett, Richard Haynes, Jno. Donaldson. Endorsed,
Reed. Read Oct. 15, 1706. 6 pp. [C.O. 28, 9. No. 56 ; and
29, 10. pp. 134-142.]
Oct. 16. 541. Governor Lord Cornbury to Sir Charles Hedges. Your
New York, letter of July 13, 1705, was delivered to me by Capt. Budge
at a time when my wife lay at the point of death, which made
me desire him to have a little patience, which he was easy enough
in, after some time, I found that that ship and cargoe had been
appraised at 1,503?. 7s. Id. York money, and was sold for
1,4412. 05. Ofd. the same money at publick vendue, Capt. Budge
himself being present, soe that the charges which amounted
to 494?. 16s. 3%d. being deducted, my thirds amounted to
315?. 7s. 11 $d. I told Capt. Budge that upon what you
AMKl:K'\ AND WKSI INDIES. -'71
1706.
had been pleased to write to me, I was willing to pay him what
my third part amounted to, and though I had not ready money
to doe it with, I would give him warrants upon my ttallary M
Governor of this Province, which is the same thing an money,
because they are always paid quarterly etc., but thin he refused,
saying he would have money etc. I hope you will be of opinion
that noe more ought to be required of me. There was not above
142 tuns of logwood on board, though in his petition there was
168 tuns, and it was sold at SI. 100. a tun, though I am informed
that at that time it was not worth above 6/. in England. If he
had more on board when ho came into Amboy, it will follow that
he had landed some of his logwood at Amboy, which would have
been sufficient to have forfeited his ship and cargoe. At the
time his ship was seized Col. Hamilton was Governor, not I as
he falsely declares, and the ship was sold, not by my order by
Peter Fauconier, a creature of mine, as he says, but by order of
the Court of Vice-Admiralty at public vendue etc. I will make
oath, if required, that I never medled with the seizure nor
condemnation of that ship. All the money was paid in the
Court and there distributed according to the Laws of Trade.
I never promised to pay Stephen Stokes 6 months wages due to
him. I told 4 or 5 sailors who came to me for their wages that
they must apply to the Court. If any fault has been committed
in this proceeding, I have had noe manner of concern in it, eic.
Signed, Cornbury. Endorsed, R. Nov. 28. Reed, (by the
Board of Trade) Dec. 3, 1706, Read Feb. 21, 170$. 3 closely
icritten pp. Holograph. Enclosed,
541. i.-iii. Certificates as to the appraisement and sale of
the pink Hope, New York, April 20, 1703, as above.
Signed, John Tuder, Register of the Admiralty Court,
New Jersey. Oct. 16, 1706. Endorsed as preceding.
5 pp. [C.O. 5, 970. Nos. 43, 43. i.-iii.]
Oct. 17. 542. Council of Trade and Plantations to Mr. Sec. Hedges.
Whitehall. Enclose following to be laid before H.M. Annexed,
642. i. Council of Trade and Plantations to the Queen.
Having received from Governor Sir B. Granville, an
Act of Barbadoes to supply the tvant of cash etc., and
finding several matters therein contained, of an unusual
and extraordinary nature and importance, which if
put in practice by a continuance of the Act, will, we
fear, involve that Island in new and multiplyed
inconveniences, we therefore thought it our duty,
without any delay, to report to your Majesty our sence
and opinion upon the said Act, together with the grounds
and reasons for such opinion, that so bv opening the
merits of the cause, and by putting things in their
proper light, we might the better prepare and fit them
for your Majesties determination. The principal matin
contained in the Act is briefly this ; that every person
inhabiting and having an Estate of Inheritance in
Barbadoes, may have a Bill or Bills of Credit, signed
272 COLONIAL PAPERS.
1706.
and sealed by John Holder, Esq., nominated in the
Act for that purpose, to the value of the fourth part
of his real Estate ; the Bills to pass in all parts of the
Island as ready money to the full value of the sum
therein mentioned, and no person to refuse the same
under the penalty of forfeiting a full moiety of the
summ contained in the Bill ; the Bills to pass but for
one year, but renewable from year to year till the last
year before the expiration of the said Act, which is
to continue 5 years and no longer. The end or
intent of the Act is declared in the Preamble, to
remedy or supply the want of cash in the Island and
to help creditors to pay their debts. Upon this we
take leave to observe, that the Act proceeds in an
improper and indirect course for attaining the end
it proposes. The proper method for supplying the
deficiency of cash, is to promote the increase of it by
incouraging a quicker importation of silver, but to
put a disuse upon money in common payments, and
to render it less needfull by setting up Bills of Credit,
or anything else to serve instead of it, tends to slacken
the industry of the merchant in procuring it. By
which method tis justly to be feared that the
Island at the expiration of the Act will labour
under a greater scarcity of money than it did before.
The Act admits any person having an inheritance in
the Island to take out Bills of Credit upon the fourth
part of his Real Estate, but then he must pay 8 in the
100 every year for his Bills, not for 100?. which he
borrows and receives in money, but for a Bill of Credit
upon his land for 100?. to be signed and sealed by the
said Holder. And yet the Act makes no provision,
neither during the continuance nor after the expiration
of it, at 5 years end, for turning those Bills into money
when required. Had the Act, instead of compelling
men by severe penalties to accept of Bills instead of
money, invited them so to do by establishing certain
funds for converting those Bills into money when required,
it might have prevented many inconveniences, wch.
for want of such provision will inevitably insue ; for
by the Act as it now stands, every first taker up of a
Bill of Credit for 100?., must pay 108?. for such Bill, which,
when he turns into money [will] never yeild him more
than the summ of 100?. mentioned in the Bill, so that
he must necessarily lose 8 in the 100 by turning his
Bills into money, but if he turns his Bills into goods
and commodities, tho' the Act compells the merchant
of whom he buyes them to accept of Bills instead of
money, yet it does not compell him to sell his goods
at what price the buyer pleases, but the merchant will
consider the charge, risque, trouble and other accidents
to which Bills are more liable than money, and will
AMERICA AND WEST INDIES, 273
1706.
rate his goods accordingly, so that this Act will alter
the price of all commodities to the great confusion
and disturbance of trade. The Act imposes an
intolerable hardship upon creditors who have already
lent their monies under covenants and obligations
of receiving the like sums in currant money ; but this
Act calls a Bill signed and sealed by Holder current
money, and imposes a necessity on the creditor to
receive it as such. From whence arises a double
inconveniency. First, the creditor who has already lent
his moneys upon good securities, such as mortgagee,
judgements and the like, which in Barbadoes carry
with them 10 in the 100, must surrender up these
securities, and take Bills for them, wch. carry no interest,
and also change an unquestionable security into Bills,
the title whereof neither he nor his Counsell were ever
acquainted with. And as to future lenders, no man
in Barbadoes, during the continuance of this Act, will
lend any more money, because of the hardships to
which Creditors are exposed by the Act, to ye manifest
disadvantage of trade, which in great measure depends
upon borrowing and lending. The Act requires the
Treasurer of the Island to accept these Bills in payment
for excise, taxes and all other impositions, whereby
your Majesty's Revenue will be greatly damnifyed,
for Bills will never defray the publick charges with
that advantage as ready money does, besides if the
Treasurer of the Island allows of Bills for good pay-
ment, the Treasury there will never be possessed of
any summs in ready money, which how dangerous it
may prove in many sudden exigencies, is not easy to
determine. It is further provided by the Act that in
case any persons who have entered into obligations
to Holder, on account of these Bills, shall prove insolvent,
by means whereof Holder shall be rendred incapable
to answer the demands arising by these Bills, then
such summs or Bills shall be made good out of the
publick funds, which will likewise be prejudicial to
your Majesty's Revenue, by charging it with the
insolvencies of particular persons. The inhabitants
of Barbadoes employing their lands to the production
of sugars and other 'beneficial commodities, do thereby
often need corn, beef, pork and other provisions to
be imported thither from New England, New York
and other Plantations on the Continent ; but this
invention of Bills will be a generall obstruction to this
trade, for the importers from those parts have not
always occasion to take sugars or other the commodities
of the Island in exchange for provisions, and Bills
they will not take, which oy the Act are only to have
a currency in the Island, and the currency of Bills
in the Island will prevent the currency of money there,
wt. 4912 c l8
274 COLONIAL PAPERS.
1706.
for particular traders receiving nothing but Bills in
all payments, will not be furnished with a sufficient
quantity of cash to buy those provisions. This new
erected office, in nature of a Land Bank, will be very
chargeable to the people, without any benefit. If a
man has lands in Barbadoes, and his title be good,
and he willing to give a satisfactory interest, his lands
will always be a credit for money, and there is no need
of giving 8 in the 100 to have a credit upon his own
land ; But in case he will take up credit as this Act
appoints, he shall have a Bill from the office, which
by force of Law shall pass as ready money, he paying
8 in the 100 for such Bill, so that the Act continuing
for 5 years every person who takes up Bills to the value
of 100/., must pay 40Z. for the currency only and
circulation of such Bills during yt. terme. We further
observe that 51., part of the 8 per cent., are apply ed
to him who issues out the Bills, his Clerks and Cashiers,
which is the 20th part of all credit ; By means whereof
the persons concerned in the office will be sure to be
gainers, who ever else may be losers. There are many
objections may be made to severall paragraphs in the
Act relating to the manner of ordering and regulating
the Bills, the examination of the titles of lands, the
sales of those lands upon not satisfying the obligations
etc., but we omit them, because, if the principal part
of the Act making Bills to pass as ready money be
rejected, all the rest falls in course. Having duly
considered the whole Act and consulted the Barbadoes
merchants and African Company, and others concerned
in the trade of the Island, we are humbly of opinion
that this Act is hurtfull to trade, injurious to creditors,
prejudiciall to the Revenue and safety of the Island,
and an unnecessary charge upon the inhabitants, and
that therefore your Majesty be pleased to signify your
disallowance and disapprobation thereof. [C.O. 29,
10. pp. 142-152.]
Oct. 17. 543, Governor and Council of Rhode Island to the Council
Newport. o f Trade and Plantations. This morning came to our hands
your Lordships' letter of May 31. We will speedily appoint a
day of Thanksgiving. A page of prayers for H.M. and their
Lordships' health as Sept. 14. Signed, West. Clarke, Secretary.
. Endorsed, Reed. Nov. 25, 1706. Read Feb. 28, 170f. 1 p.
[C.O. 5, 1263. No. 141 ; and 5, 1291. pp. 457, 458.]
Oct. 18. 544. Mr. Bridger to the Council of Trade and Plantations.
Piscataqua. l n obedience to my Instructions I am to give your Lordshipps
an account of my proceedings from time to time. After a
passage of 73 days I arrived at Boston Sept. 15. ... i am now
at Piscataqua, the mast shipps with sayle being cheifly laden
wth. Naval Stores being now bound for England under convoy
AMERICA AND WEST 1ND1I> 275
1706.
of H.M.S. Dover, and have on board in tarr 6615* barrell, in pitch
614 barrells, rozin 90 barrellH, in turpentine 836 barrel!*, wch.
the first year's produce. Those stores were made by the people
without any instructions how to make them, but are all made
of old knotts, therefore I hope your LonMupps will favour them
so fair as not to hinder theire receiving tin- premium given them,
and if they do not rise to eaquall goodness with the Kant Countrey
now, I will engage those for the future, if they will follow my
advice, shall be as good as any ever imported into England.
That in 2 years, for the trees must stand 2 years after they are
prepared, and I hope the Navy will buy this and give the people
incouragment to proceed, for should they meet with any di-
apointment as to the reward or premium I feare they would
not venter a second attempt, but return to theire spinning
wch. they have made a very great progress in, and every fanner
or planter have now entered on rasing of sheep, wch. will be the
loose of this designe wholly. This beginning shews the people's
present inclinations, and they all here express a general! liking
to the same, and hope to go forward, but they all depend on this
tryall, and as they now succed, so they will proseed. The whole
depends on this very fleet, for every one is at a full stop, till they
heare of the success of this tryall, but I hope all will be well,
and theire expectations answered, and in my humble opinion
[that] H.M. ware better give more for this than twice the
value, than have the people here baulk'd etc. Prays to be
allowed traviling charges. I cannott live with my servant and
two horses under 15s. a day, when I travile, wch. is all the yeare,
for in the summer I must instruct the people, and in the winter
survey the woods, etc. My salary is not more than 200/. a year,
by which I shall be 200/. more out of pocket etc. Then I have
no allowance for pens, paper etc., nor for postage of letters, etc.
I have a large correspondence 900 miles distance. A letter
from Virginia 2s. 6rf., more very often, all ways Is. 6d. from
Philadelphia, 1*. from New York and none under Sd. Neither
have I any clerk, wch. 'tis impossible for me to be without and
doe all the buisness I am obliged to, on all wch. I most humbly
pray your Lordshipps' representation to my Lord Treasurer,
having writ to him on the same account, etc. The people must
be humour'd and flatter'd and showed their own interest, and it
would be of good consequence had I mony to make the experiment
of tarr in the proper places etc., and if I might buy any of those
stores here produced on commission for H.M., which if imported
by me as H.M. would save the premiums to H.M., which would
be 30.000J. per annum saved to H.M., etc. I can buy tar for 8. or
9. sterling, the freight may be had and is now in this fleet at
51. per tun in barrells, and I can give timely notice for insurance
if thought proper. I desire no money in hand, but have credit
to draw by bill for so much as is bought, which may be examined
by any if my fidelity should be suspected, and am willing to be on
my oath as to the quantity and price I give, and am very certain
The numbers, left blank in thia document, are supplied from duplicate
enclosure, NOV. 30. Sd,
276 COLONIAL PAPERS.
1706.
I shall buy the best. This I have proposed to the Lord High
Treasurer, who I am sensible will refer it to your Lordships for
your report, etc. The ships being ready to sail prevents my
giving an account of the state of the woods, which is very bad,
and severall other affaires I must refer till my next.
If your Lordships fix on a sum for travUing charges, I will
get the Governor to certify that I went out such a day and
return'd such a time. Proposes 155. per diem allowance. Coll.
Quarry have 205. per diem. Signed, J. Bridger. Endorsed,
Reed. 25th, Read 27th Nov., 1706. Addressed. Holograph.
3 pp- [C.O. 5, 864. No. 75 ; and 5, 912. pp. 196-202.]
Oct. 21. 545. Order of Queen in Council. Repealing Act of
Kensington. Barbados to supply the want of cash etc. [see Oct. 17]. Signed,
John Povey. Endorsed, Reed. Read Oct. 22, 1706. 1 pp.
[C.O. 28, 9. No. 57 ; and 29, 10. pp. 153, 154 ; and 319, 1.
pp. 69, 70.]
Oct. 21. 546. Order of Queen in Council. H.M. having signified
Kensington, her disallowance of preceding Act, and taking notice of the ill
consequences that might happen by passing of Acts of like
unusuall and extraordinary nature and importance in H.M.
Plantations, which will remain of.force there untih 1 H.M. pleasure
be signified to the contrary, H.M., with the advice of her Privy
Councill, is pleased to order that Circular Letters be prepared
[by the Council of Trade] for H.M. royall signature, to be sent
to H.M. Governours in the Plantations, directing them not to
pass, in the respective Assemblys there, any Acts of like unusuall
and extraordinary nature and importance, without having
received first H.M. pleasure thereupon. Signed, John Povey.
Endorsed, Reed. Read Oct. 22, 1706. 1J pp. [C.O. 28, 9.
No. 58 ; and 29, 10. pp. 155, 156.]
Oct. 21. 547. Order of Queen in Council. Approving draught of
Kensington. Governor Crowe's Commission [Oct. 1st]. Signed, John Povey.
Endorsed, Reed. Read Oct. 24, 1706. f p. [C.O. 28, 9. No. 59 ;
and 29, 10. p. 157.]
Oct. 21. 548. W. Popple to John Taylour. The Council of Trade
Whitehall. a nd Plantations desire you to lay before my Lord High Treasurer
their reply to your letter of Oct. 2. Most of the 363Z. 25. Sd.
which Capt. Moody alledges to be owing to him, is charged for
bread, and they find by the certificates produced by him that
upon a survey taken by order of the then Commodore of the
provisions brought to Newfoundland by the Anne gaily, f of
that bread were found to be damnified, that a parcel brought
there for the use of the garrison was destroyed by the French
before it could be removed into the Fort, and that about the
time when the Fort was besieged he did supply many of
the distressed people with bread and necessaries. So that their
Lordships are of opinion that he was under a necessity of buying
bread for the garrison, which, as appears to them by the above
AMERICA AND WEST INDIES. 277
mentioned certificates, he accordingly did, to the truth of which
he declares himself ready to make oath. As to the article of
pay, Capt. Moody do's assure them, and is further ready to make
oath, that he has not received any pay since Christmas, 1704,
for want of which, and the disbursements made by him for the
garrison and otherwise in H.M. service, he has been, as he
alledges, three times arrested, and is in danger of being again
thrown into goal. Propose that, in the future, a Commander
in Chief, upon his being necessitated on any extraordinary
occasion to make disbursements for provisions, be obliged to
produce to the Commodore upon his arrival at Newfoundland,
his accounts of such disbursements, which may be vouched by
certificates, and by the oath of the Commander himself ; those
certificates to be transmitted to England, to be examin'd by
the Comptrolers of the Accounts of the Army, in order to my
Lord High Treasurer's determination. And whereas the
provisions sent yearly to Newfoundland (or part of them) may
be endamaged in the passage, as has frequently happened ;
propose that in such case, before the provisions be delivered
to the Commander of the garrison, they be carefully surveyed
by the Commodore, and the Captains of H.M. ships in harbour,
and that such part of those provisions as shall appear to be so
damaged and unfit for the use of the garrison be made good and
replaced by provisions from on board H.M. ships there in such
quantity as may be spared, whereof certificates may be returned
into the Victuallers of the Navy, by whom such victuals for the
soldiers at Newfoundland are annually provided. [C.O. 195, 4.
pp. 293-296.]
Oct. 21. 549. Mr. Plaisted to the Council of Trade and Plantations.
Portsmouth The service has gone on successfully this year as in any other
time, the warr notwithstanding, which is to be attributed to
the care of Governor Dudley, who by his intelligence of the enemy,
and exact knowledge of the country has alwayes mett and defeated
their incursions ; and particularly at Nechowonuck, where the
masting is, has kept good guards (often 100 men) to cover my
labourers and teams. His care and success is acknowledged
by all H.M. good subjects here, and I have no doubt to continue
the supply for H.M. service while he is here in comand. Signed,
Ichabod Plaisted. Endorsed, Reed. Nov. 25, 1706. Read
Feb. 28, 170f 1 p. [C.O. 5, 864. No. 161 ; and 5, 912.
p. 317.]
Oct. 21. 550. Governor Dudley to Mr. Sec. Hedges. Since my
Piscataqua. letter [? Oct. 8], I am here to dispatch the mast fleet, and in
obedience to H.M. commands have shipt in this fleet 10,000
barrells of tar and turpentine. I hope it will be good. I humbly
pray your honour will favourably represent my (Diligence therein,
Signed, J. Dudley. Endorsed, Reed, (from Sir C. Hedges)
Dec. 3, 1706. Read Feb. 21, 170?. Holograph. } p. [C.O. 5,
864. No. 87.]
2*78 COLONIAL PAPERS.
1706.
Oct. 21. 551. Same to Mr. Popple. The year's papers of both
Piscataqua. Provinces are in the Dover, etc. Repeats preceding. I shall not
fayle to encourage the other article of hemp. Signed, J. Dudley.
Endorsed, Reed. Read Feb. 25, 170f. Holograph, f p.
Enclosed,
551. i. Minutes of the General Assembly of the Massachusetts
Bay. Boston, Aug. 7, 1706. The following were
fined for illegal trading with the French : Samuel
Vetch, 2001., John Borland, 1,100?., Roger Lawson,
300?., Wm. Rouse, 1,200?., John Phillips, jr., 100?.,
Ebenezer Coffin, 50?. Same endorsement. Copy. 1 p.
[C.O. 5, 864. Nos. 91, 91. i. ; and (without enclosure)
5, 912. pp. 253, 254.]
Oct. 24. 552. Mr. Bridger to the Council of Trade and Plantations.
Piscataqua. Since my last I have procured the inclosed list, wch. I got with
dificultie from the Costom-house, but there is 2 shipps wch.
cannott get ready to sayle wth. this fleet, wch. occasions my
last calculations being over reckoned. I pray your Lordshipps'
order to the severall Costom-house officers on the Continent to
send to me a quarterly acct. of what quantity of each speice
of naval stores there is exported from theire respective ports,
wch. will enable me to give a true account of the progress of
this undertaking etc. I have made a farther enquirey into the
state of the woods, wch. is so very bad that I, am obliged to make
a survey so far as the dificulties that attend such service will
admitt of, and are (1) The Indians, who have been seen twice
this weeck, which obliges to be at the charge of a guard to attend
me on this worke, wch. is to great for me to bare, and humbly
pray your Lordshipps' representation to the Lord High Treasurer
for an allowance to defray all such charges and all other incidentall
charges, and that it is of absolute necessity to appointe at least
2 Deputies in this River, here being noe less than 70 odd saw
mills in it, and to fix a sallery to be pay'd me quarterly for the
Deputies, not exceeding 50?. per annum each. I have so far
presumed as to appointe 2 persons to the service, requiring them
so very much that I thought I should commit a very great
crime if i did not in some measure put a stop to that pernitious
and distinctive practice wch. the people had so long lived in
without contradiction. (2) The season of the year will prevent
any large survey. Signed, J. Bridger. Endorsed, Reed. 25th,
Read 27th Nov., 1706. Addressed. Holograph. 1% pp.
Enclosed,
552. i. List of ships homeward bound with Naval Stores.
Boston, Oct. 21, 1706. 18 ships [see Oct. 18]. 1 p.
[C.O. 5, 864. Nos. 76, 76.i. ; and 5, 912. pp. 203-
205.]
Oct. 24. 553. P. Dudley to Wm. Popple. Encloses following, etc.
New Signed, Paul Dudley. Endorsed, Reed. Nov. 25, 1706. Read
Hampshire. Feb 2S} 17Q 6 Addressed. 1 p. Enclosed,
AMERICA AND WEST INDIES. 279
1706.
553. i. Mr. Byfield to Governor Dudley. Bristol, Oct. 3,
1706. The last money I received as Judge of the
Admiralty was that for condemning Halsey's prize.
I never demanded 1. of Mr. Col man, only told him
5 p.c. was ye Court's dues, and he with Col. Page pleaded
with me not to m-i- upon that hut to take up with
15o/., which I did some months after the condemnation ;
all care was taken with the ship and cargoe till con-
demnation, and the Lord High Admiral nor ye men mett
with no damage by the necessary delaye for advice I
well knew I acted against my own interest in disallowing
Governor Cranston's commission, wherein I mett with
great trouble and opposition, and made many enemies
here etc. etc. Signed, Nathal. Byfield. 1} pp. [C.O.
5, 864. Nos. 152, 153.]
Oct. 25. 554. Governor Handasyd to the Council of Trade and
Jamaica. Plantations. I am to own the receipt of two duplicates from
your Lordships by this packett. I have by this pacquet recieved
a letter from Sir C. Hedges of Aug. 1, etc. I shall let no
opportunity slip of giving the Spaniards here the best advices
I can to encourage and induce them to embrace this opportunity
of recovering their liberty's out of the power of the French :
and I find the Spaniards in generall, except such as are French
pensioners, so zealous for the interest of the House of Austria,
that I cannot but believe that the Spanish forces now coming
will be received without any opposition, especially if they send
divines of the Church of Rome that are native Spaniards, it will
have greater effect on the Spaniards here than sending 20,000 men.
About six months ago, when the French came into these parts
and ruined the poor Colonies to Windward, I was not wanting
to give notice to the Governors of Carthagene, Port Bell,
Havanna etc., that the French had no other designe by coming
down here, as I had advice by French letters intercepted, than
to inforce the Spanish garrisons with their troops, which had
such good effect, that since then they have not permitted any
French man of warr or merchant ship to come within their ports.
And at the Havanna about three months ago, when the French
men-of-war would force themselves into their Harbour, and
attempted to come ashore, under pretence of wanting provisions,
the Spanish Guard fell on them, and killed 90 odd of the French,
severall Spaniards were killed, and amongst them the Captain
of the Town Guard, which I am of opinion has bred so much
ill blood, that it will turn considerably to the advantage of King
Charles. This project, I hope, MM will not take amiss, since
it was done with a designe to serve H.M. and her allies. As to
the Flag of Truce I gave your Lordships an account of, after she
had delivered all the expresses to the Spanish Governors, and
was coming back, she was intercepted by a French privateer
and carried to Petit Guavas, but 1 hope my advices have put
the Spaniards on their guard, and will move them to declare
for King Charles. Sir C. Hedges having intimated to me that
280 COLONIAL PAPERS.
1706.
if I persist to be releived at the expiration of the six years, as
I requested, I should now let him know ; that H.M. may have
time to think of a proper person to succeed me, and taking no
notice of the releif of my Regiment, I have returned him for
answer that I am very well satisfied to continue, if H.M. thinks
fitt, till such time she is pleased to releive my Regiment with
me, they having unanimously followed me out of their native
country, therefore should be unwilling to leave them here in a
country where they have not been so well used as might have
been expected, and I hope if a peace should be concluded that
neither myself nor Regiment may be forgott in the establish-
ment. Our Assembly is now sitting. They desired an
adjournment for a month, which I granted them, and since that
the Speaker, Mr. Totterdale, designing to go off the Island for
his recovery from the Belly- Ach, a new Speaker has been chosen,
and I have by the advice of some ffriends in the House prorogued
them for a week to put a stop to some proceedings which were
contrary to H.M. Instructions to me, in re-enacting a second
time a Law past by the last Assembly, for making all lands
forfeited to the Queen, for which no Quitt-rents were paid in
such a time, in hopes they will lay aside that business and begin
again on something more materiall. The Minutes of the Councill
and Assembly of what has been done since my last I now enclose.
We have had a violent bleeding ffeavour, which has carried off
severall soldiers as well as inhabitants, so that I shall want near
300 men to compleat my Regiment according to the Establish-
ment, for which reason I have sent my son and another officer
by the ffleet under the command of Admirall Whetstone, who
sailed from hence Oct. 8, with 40 odd sail, to know what
methods H.M. and the General Officers will think convenient
for recruiting my Regiment, for fear any attempt should be made
by the Enemy the next summer. The squadron under Commador
Kerr is at present very sickly, and severall dye daily ; there are
at least 400 sailors sick, and most of the officers. I have
perswaded the Commadore to victuall his men twice a week
with fresh provisions, which will be a great refreshment to them,
and I doubt not but will recover a great many of them. Our
trade is very dull on the Spanish coast, there being a great many
Dutch traders, and we wanting very much our English woolen
manufactory. I understand by Sir C. Hedges that H.M. has
been pleased to approve of my management in the time of the
alarum by the French, and my re-establishing the civill and
military officers, who are Forreigners in their former posts, that
by the last Act of Assembly were made incapable of serving,
and I hope your Lops, will find that Act so unreasonable, and
recommend it as such to H.M., that she may not give it Her
Royal Assent ; most of those gentlemen having considerable
interests in the country, and are all men very well affected to
H.M. I send your Lordships here enclosed a short account
I have of an attempt the French made on Carolina, which is all
that I can yet learn of the matter. Here was brought in the
20th inst. by the Assistance man of war, a French Guinea ship
AMERICA AND WEST INDIES.
1706.
of 24 guns and 1 30 men, 25 of which were killed in the engagement,
and 15 wounded ; what the value of her i* I am not acquainted
with, but the officers say it is considerable. Signed, Tho.
Handasyd. Endorsed, Reed. Dec. 17, 1706. Read Feb. 17
170f. 6 pp. Enclosed,
654. i. An account of the French attempt on Carolina, given
by John Bossley, who had agreed with the Governor
of Carolina to bring 40 prisoners to Virginia, hut
winds being contrary, had been obliged to put tome
ashore at St. Augustin and the remainder on the N. side
of Hispaniola. [See Oct. 3 etc.] Endorsed, Reod.
Dec. 17, 1706. 1 p. [C.O. 137, 7. Not. 34, 3:
and (without enclosure) 138, 12. pp. 46-53 ; and
(extract of covering letter only) 137, 51. No. 13.]
Oct. 26. 555. President and Council of Virginia to the Council of
Council Trade and Plantations. Refer to letter of Aug. 30 and enclosure
Virginia.' received by a ship lately arrived from South Carolina. By the
same ship there are arrived 65 of the French and Spanish prisoners,
being part of 118, wch. the Governor of Carolina and his Council
thought fitt to send hither for a conveyance to England ; but the
vessell that brings the rest is not yet arrived. Our fleet was
sailed three weeks before the arrival of these prisoners, and upon
our examining the Master's orders and contract with the
Government of Carolina, we find that in case those prisoners
were not received here, the Master was to give them his ship,
with one suit of sails, one anchor and cable and one moneth s
provision, and so turn them to sea. We could not but apprehend
this way of disposing of the prisoners to be of ill consequence
for H.M. service, and dangerous to this Country ; for it is not
to be imagined that so many men bred up at sea, and most of
them privateers, would depart from this Coast so ill provided
with neccssarys (when without an extraordinary Providence they
must expect to starve) but that they would choose rather to
hover about this coast, and intercept the vessells trading hither,
and perhaps land and robb our inhabitants, and so furnish them-
selves with provisions and instruments for further mischief :
besides the danger of permitting them to return so speedily
to the French Islands after they nave once had the opportunity
of discovering our coasts, and the naked and defenceless condition
of the country. Upon these considerations we have thought
it more advisable for H.M. service to retain the prisoners here,
and have taken the best care we can to dispose of some of them
amongst the few mercht. ships now in the country ; we have
also written to the Governor of Maryland to desire his assistance
in the disposal of others amongst the ships in that Province,
and the rest we have ordered to be dispersed and secured in the
country untill we find other conveniencys of sending them for
England. We humbly submitt to your Lordps.' consideration
what ill consequences may attend such proceedings as this of
the Government of Carolina, for it is in effect laying this Govern-
ment under a necessity either of maintaining their prisoners
282 COLONIAL PAPERS.
1706.
out of H.M. Revenue of 2s. per hogshead appropriated for its
own support, or exposing our coasts to be plunder'd and our
trade destroyed. And therefore we humbly hope that by your
Lordps.' means, such directions may be given as may oblige
that Government to reimburse all charges that shal accrue upon
this occasion, and prevent the like inconveniencys for the future.
Refer to enclosed Patents for land, as Oct. 14. We have received
information that the Surveyor of North Carolina has begun
to run the dividing lines between this Colony and Carolina without
the least notification given to us, and has proceeded on that
pretended line far within the reputed bounds of this H.M. Colony.
We have given directions for stopping his further progress therein,
and having lately had an account of two old men who can give
very material evidence concerning the bounds between this
Government and Carolina, particularly as to that boundary
called Weyanoak Creek in the Proprietors' Charter, we have
ordered their examinations to be taken upon oath, and have given
the Proprietors' Governor notice thereof ; and as soon as we
can shal lay them before your Lorps. for your further directions
in settling those bounds ; and in the meantime have written
to the sd. Governor that no surveys or entrys be made by his
officers for any of the lands in contraversy. The warrants for
the established sallaries have been this day signed in Council,
but upon enquiry we can find nothing to direct us in relation
to the sallary of the President. We doubt not but H.M. hath
appointed a suitable allowance for supporting the dignity of
that office, especially while there is no Governor or Lieut.
Governor in being, yet inasmuch as H.M. pleasure in that
particular hath never been transmitted hither, we have passed
no warrant for such sallary, and humbly pray your Lordps.'
directions herein, as also to whom the other perquisites of the
Government ought on this occasion to be paid. This is designed
to be delivered to your Lordps. by Mr. Robertson, the Clerk
of the Council, who hath desired leave to go for England for the
recovery of his health, and by whom we send the Journals of
Council, tho' there is not anything material in them other than
what we have here hinted. If anything worth your Lordships'
notice happens here before the departure of the ship he goes
in, he will be able to give your Lordps. a true account thereof.
All we have to add is, that we thank God this Colony is in perfect
quiet, and hope it will so continue ; and we assure your Lordships
that we shal ommitt no opportunity of transmitting to your
Lordships a faithful account of such occurrences here as are
necessary for H.M. service or your Lordships' information. P.S.
We enclose the copies of some proceedings in relation to a tract of
land between the Forks of Rappahannock River, to wch. the
Proprietors of the Northern Neck make pretensions, alledging
it to be within their Charter, wch. we humbly submit to your
Lordships' consideration for such directions therein as your
Lordships shall think proper. Signed, E. Jenings, Presidt.,
J. Lightfoot, Dudley Digges, Benja. Harrison, Robert Carter,
James Blair, Phill. Ludwell, W. Churchill. Endorsed, Reed.
Jan. 20, Read Feb. 7, 170f. 3 large pp. Enclosed,
AMKUfCA AND XNTS'l INDIES.
HI
1706.
Oct. 30.
Whitehall.
Oct. 30.
Whitehall.
Oct. 30.
London.
Oct. 31.
St. Xphers.
555. i Copy of tl:,. Articles of Agreement between the
trovernor of Carolina and John Kimb.
for conveying French prisoners to Virginia to be sent
to England, as in preceding. Signed, N. Johnson
Nicholas Trott, Henry Noble, Robt. Gibbes. Endorsed
as preceding. 3 pp.
555. ii. List of the Patents for Land in Virginia referred to
supra. Same endorsement. 3J large pp
555. in Copy of Minutes of Council of Virginia relating to
land in the Forks of Rappahannock River, M*y 2
Sept. 28, 1706. Same endorsement. 3| pp.
555. iv An account of the Invasion of South Carolina
Duplicate of Oct. 3. [C.O. 5, 1315. Nos. 39, 39.i.-iv. i
and (without enclosures) 5, 1362. pp. 92-97.]
556. W. Popple, jr., to Mr. Burnaby, Secretary to the
Commissioners of Prizes. Encloses a draught of an Instruction
to Governor Crowe relating to prizes to be laid before H.M
Commissioners of Prizes for their opinion, etc. [C.O. 29, 10.
p. 158.]
557. Same to Mr. Burchet. Applies for a Commission of
Vice-Admiralty for Governor Crowe, if H.R.H. shall so think
fit. [C.O. 29, 10. p. 159.]
558. Mr. Dummer to Mr. Popple. Gives sailings of the
Prince George packet, out and home 100 days. She spoke the
Virginia fleet of about 200 sail, Oct. 8. Signed, E. Dummer.
Endorsed, Reed. Read Oct. 31, 1706. 1 p. [C.O. 323, 6. No. 16.]
559. Governor Parke to the Council of Trade and Planta-
tions. I here send your Lordships the Act wch. Col. Johnson
passed, and Col. Codrington would not suffer him to putt the
seal to it, because he must have paid taxes by this Act tor what
he has in the French ground ; this Act had line to have sett this
Island into a flame ; I think it a very reasonable Act. I send
yr. Lordships allso the Imports and Exportes of this Island,
to the 8th inst. Mr. Poggson has been tryed for killing Col.
Johnson, the Jury brought him in not guilty, tho' I think the
evidence was very plain against him ; I ordered him to be tak- in
up, and tryed uppon the statute of stabbing, but he had notise
of it, and is fled ; as soon as the Jury brought in their verdict,
the Judges discharged him without making him give security
to answer an Appeal, or for his good behavior, wen. is usuall ;
the Secretary could not draw every perticular of his tryal, but
what he could do I here send you ; I desire your directions what
to do with him if I take him ; I think he killed Johnson basely,
for he had no weapon drawn ; I don't find that Johnson had
any Commission either from the Queen or Sir Wm. Matthews.
When Sir Wm. died, Col. Johnson by virtue of Col. Codrington's
Commission took uppon him the Govermt., and nobody asked
to see his Commission. Col. Codrington declared him Commander
284 COLONIAL PAPERS.
1706.
in Cheif, and that was enough. Repeats part of Oct. 5. The
removall of Col. Lambert and Mr. Poggson has made two vacancies
in the Councill, wch. I have filled up with Major Panton and
Mr. Willit ; I think the two fittest men in the Island ; God
knowes we have no great choice ; I find Mr. Clayton of Leverpool
has got a grant for two Plantations in the French ground from
my Lord Treasurer, by wch. he ruins two poor people that had
it granted per Sir Wm. Matthews ; this is the first president of
this kind ; I hope my Lord will send hereafter first to enquire
before he grants land that he must be a stranger too ; for my
part I think to grant all the land to people that will come and
live uppon it, yt. the Island may be strenghned, what advantage
is it to the Island to have it full of negroes belonging to merchants
in England and rich men in Antigua, they are only a temptation
for the enemy, and no strenght ; that was the ruin of Nevis ;
my Lady Russell and Stapleton had each of them above 200
negroes, and not one white man on their Plantation ; Col.
Codrington has 400 negroes on one Plantation, and but one white
man ; they breed up their negroes to all manner of trades and
make overseers of them ; by this means they have drove all the
poor from them ; pleas God we keep this Island, I hope to make
it the strongest the Queen has ; I have invited all from the little
Islands to leeward and have got severall and hope to gett more.
Signed, Daniel Parke. Endorsed, Reed. Jan. 6, Read Feb. 10.
170f. Holograph. 4 pp. Enclosed,
559. i. Affidavits concerning the death of Lt. Gov. Johnson,
(i.) Col. Stephen Payne deposed that he saw Col.
Johnson ride over ye River, entered Mr. Kimbleton's
house, and afterwards rode towards the other River.
A little after, Capt. Pogson rode the same way after him.
Payne rode after them and overtook them, a little on
this side ye River, where he saw Col. Johnson standing
by his horse and Capt. Pogson on horseback at a little
distance. Capt. Pogson said, I thought to have found
you on horseback. Col. Johnson repplyed, some mis-
fortune hapned, wch. caused him to unlight. Capt.
Pogson ask'd if he was ready and drew one of his pistolls,
upon which deponent went to Capt. Pogson and com-
manded the Peace, laying his hand on his pistolls,
which he delivered, and called to the Gentlemen by
to secure Col. Johnson's, upon wch. he supposed the
mischief was prevented. At Capt. Pogson's request,
he returned him his pistoll, and presently heard a
pistoll fire, and Col. Johnson say, Gentlemen, I am
barbarously murthered by John Pogson. Deponent
saw no pistoll in Col. Johnson's hand, (ii.) Major
Willm. Wodrop deposed that after dinner Col. Johnson
pointing to Capt. Pogson, said, There was Allexander
the Coppersmith wch. has done me much wrong. Capt.
Pogson replied, he beleived he was not St. Paul, neither
did he think he had the learning. Col. Johnson said
how do you know my learning ? Capt. Pogson said,
AMKUIOA AND WEST INDl
1706.
How do you know my profession. About sunset Col
Johnson nd over the River and alighted at
Mr. Kimbelton's door, immediately remounted and
as he rid by he josled Capt. Pogson, who was sUnding
m the street, etc. (Hi.) James Tynaon depoaed that
Col. Johnson unlighted by the river aide and ordered
him to tye his breeches. As Capt. Pogson rode by and
saw Col. Johnson standing he drew his pistol! , and
Col. Johnson said Forbear, sir, let me mount. With
that I stept in and tossed his pistol up with my sword
and said shew fair play, with that Cd. Payne unlitt
and commanded the Queen's Peace and took away his
pistoll, and then as Col. Payne turn'd to speak with
Col. Johnson, Capt. Pogson shot him and fed etc. as
i. supra. Endorsed as preceding. 1$ pp.
559. ii. Copy of the trial of Capt. Pogson at the Old Road,
St. Ritts. Oct. 14, 1706. Acquittal as supra. Judges':
Michael Lambert, Henry Burrell, John Garnet. Grand
Jury : Mansell Frank, Foreman, Joseph Estridge, John
Bounyan, Francis Phipps, John King, Clement Crook,
John Willet, Henry Scoopholme, James Ramsey,
Wm. Bowry, Robert Kimbelton, Richard Rheams!
Isaac Jolly. True Bill returned upon indictment
against John Pogson for felonious muroer by Attorney
General, Herbert Pember. Petit Jury : Jam. > .\..rton,
John Dixson, James Jackson, Thomas Dowson, Edward
Gillard, Henry Willet, Bastian Branch, Rowland Davis,
Paul de Brissac, John Esdaile, John Everenden,
Wm. Singleton. Same endorsement. 1| pp. [C.O. 152,
6. Nos. 73, 73.i., ii. ; and (u-ithout enclosures) 153, 9.
pp. 444-448.]
Oct. 31. 560. Governor Parke to Mr. Secretary Hedges. I was at
St. Xphere. Nevis at the expiration of the time for the payment of the 1,400
negroes : but by the intelligence I had from St. Thomasses,
I found the French at Martineque were intrenching for fear of
an English ffleet, and had no thoughts of demanding ye 1,400
negroes ; from time to time as I receive the news from you, I
send it all over America. I have the best opertunity of any of
the Governors by the means of St. Thomasses, and if 1 had some
of our King of Spain's Declarations, I could easaly have them
scattered in the Spanish India's, we impatiently expect the ships
from Ireland ; I hope if there comes any men, there will come
provesions for them, for we have none to give them, if the men's
pay was laid out in provesions and sent over, it would keep them ;
here are those that will undertake to find the men the Queen's
whole allowance, provided they may receive their pay ; and
would be much better if they were as last warr 6 companys of
100 in each wth. a Capt. and two Lte. to each company, and the
officers obliged to be wth. them, as it is. the Coll. and Lt. Coll.
are at home, the men in 5 year tuit <mrt> cloathed and yt. so
scandalously, it is a shame to see them, so yt. what little pay
286
COLONIAL PAPERS.
1706.
the soldier receives, he is forced to buy cloathes wth. it, or go
naked ; if the Coll. was obliged to be wth. them, he would be
ashamed to see his men in such a condition as they are ; no
surgion wth. them nor anything else that is fitting for them.
Signed, Daniel Parke. P.S. You need not hint my liveing
at Nevis. I am as near the Town of Nevis as White Hall is to
Lambeth, whenever they are allarmed, I. can be wth. them, as I
have allready, sooner then they can gett together etc. Repeats
part of Oct. 4. I have been but 3 months in my Govermt. and
have been 5 times at Nevis ; your neighbours at Richmond
I sopose teaze you about my liveing at Nevis, becaus they think
I will live at Antigua, they did not sopose I would live here,
at a place so plundered and distroyed as this is, God knows I
indure fateague enough ; I hope if I deserve well the Queen will
give me something better, for I can never gett anything here.
Endorsed, Reed. Jan. 5, 170f. 3 pp. [C.O. 239, 1. No. 16.]
Nov. 1.
Prize Office.
Nov. 1.
Whitehall.
Nov. 1.
Nov. 2.
Whitehall.
561 . Commissioners of Prizes to W. Popple, jr. We think the
Instructions [Oct. 30] are very full, only desire this may be added,
that whereas the fees for condemning a prize in England is but
121. 10s., we hope that strict orders may be sent to all the Courts
of Admiralty abroad to oblidge them to take noe more for
condemning a prize there ; and alsoe desire that copys of such
Instructions may be sent to all H.M. Governours of her severall
plantations abroad with strict orders for the observance thereof,
which would much contribute to H.M. service. Signed, Ant.
Duncombe, T. Baker, W. Pollexfen, Fleet. Dormer. Endorsed,
Reed. Read Nov. 4, 1706. Addressed. 1J pp. [C.O. 28, 9.
No. 60 ; and 29, 10. pp. 164, 165.]
562. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclose following, " intended for such Plantations as are
under H.M. immediate Government. Though the Propriety Govern-
ments be lyable to the same irregularities, the same restraints
cannot be extended to them by reason of the Charters and
Priviledges already granted them from the Crown." Autograph
signatures. If pp. Annexed,
562. i. Draught of circular letter to H.M. Governors of Planta-
tions. See Nov. 8. [C.O. 5, 1120. pp. 478-482;
and (without enclosure) 5, 3. No. 32.]
563. Draught of H.M. letter to the Government of Barbados.
See Nov. 8. [C.O. 29, 10. pp. 160-162.]
564. W. Popple, jr., to Patrick Mein. The Council of Trade
and Plantations desire that you will give them in writing, as
soon as possible, a particular account how the CouncUl of
Barbadoes managed the Government of that Island, during the
Presidentship of Mr. Bond and Mr. Farmer, as also how they
behaved themselves with respect to elections of Assembly-men,
during their administration. [C.O, 29, 10. p. 163.]
A.MKIIH A AY!) \VKSI l\|>|[.<
1706.
Nov. 4.
Whitehall.
Nov. 6.
Whitehall.
Nov. 6.
Whitehall.
Nov. 6.
New Yorke.
Nov. 6.
565. W Popple, jr.. to Mr Burnaby. The Council of Trade
agree to the alteration proposed [No. 561], and return the
enclosed list of fees, that it may be signed a
as may be etc. [C.O. 29, 10. p. 16'
566. Mr. Secretary Hedges to the Council of Trade and
Plantations. H.M. has approved of the circular letters [Nov.
1st and 8th], and it is her pleasure that in tin- Instructions of all
Governors for the future you also make provision against all
unusual and extraordinary Laws. Signed, C. Hedges. Endorsed,
Reed. Read Nov. 7, 1706. 1 p. [C.O. 28, 9. No. 62; and
29, 10. p. 171.]
567. Same to Same. It i- 11 M. pleasure that you forth-
with inform yourselves, as well as you can, of the present state
of Barbadoes, and transmit the same to me to be laid before
the Lords of the Committee of Councill on Friday morning.
Signed and endorsed as preceding. I p. [C.O. 28, 9. No. 66 ;
and 29, 10. p. 173.]
568. Mr. Heathcote to the Council of Trade and Plantations.
Encloses duplicate of No. 523. Signed, Caleb Heathcote. Endorsed,
Reed. Read Feb. 21, 170f. I p. [C.O. 5, 1049. No. 26; and
5, 1121. pp. 12, 13.]
569. G. Willcocks to the Council of Trade and Plantations.
Reasons against confirming the Act of Pennsylvania, directing
the qualifications of officers etc. [June 17]. (1) Though the major
part of the inhabitants are Quakers, it does not follow there will
be a failure of justice as pretended in the preamble, there being
a sufficient number of others who do not scruple to take and
administer oaths. (2) The first clause, as it must be intended
to establish Quakerism, so it will destroy the present settlrment,
ecclesiastical and civil, any persons being here qualified to act
in all offices and trusts without taking the oaths of allegiance
required by the first of Wm. and Mary, or oaths for the due
execution of their offices etc. etc. (3) The clause enacting the
form of affirmation, seems not to be wth. sufficient solemnity
or propriety, for that it is not an express declaration of the party
that he says the truth, but declares in the presence of God the
witness of the truth of what he says, which gives too much room
for equivocating etc. (4) The clause impowering such who scruple
to administer oaths to administer the affirmation instead, even to
persons willing to take oaths, may be of ill consequence, since
many may esteem themselves more bound by an oath than by
such affirmation. (5) The clause enacting that the tender of
an oath by one magistrate in the presence of a bench of magistrates
shal be esteemed his Act only, and yet as valid as if done by the
whole, will extend the power of any one Magistrate too much
etc. (6) The penalty for perjury on affirmation as upon oath,
will not deter those who think to evade breaking an oath by
taking the affirmation. (7) The clause, that the deposition or
288 COLONIAL PAPERS.
1706.
affirmation of a witness, being taken before a Judge or J.P.,
after summons of the adverse party, shall be as valid as if they
had sworn in a Court, where a witness hath occasion to go out
of the Province or is sick, may be very inconvenient not only
to the properties but to the lives of the subjects, depriving them
of the known benefit of cross-examination etc. Quotes English
practice, etc. Signed, Geo. Willcocks. Endorsed, Reed. Read
Nov. 6, 1706. 24- pp. [C.O. 5, 1263. No. 125 ; and 5, 1291.
pp. 420-426.]
Nov. 6. 570. H.R.H. the Lord High Admiral's Commission of
Vice- Admiralty to Governor Crowe. Countersigned, Richard
Crawley. Latin. [C.O. 319, 1. pp. 10-21.]
Nov. 6. 571. Permits for the Elizabeth, Generous Jenny, and Oronoko,
Kensington, bound f or Virginia and Maryland, not to await convoys in America.
Voyage to be performed within 12 months. Countersigned,
C. Hedges. [C.O. 324, 30. pp. 116, 117.]
[Nov. 7.] 572. Journal of Assembly of Barbados, Aug. 13, 1706,
concerning the passing of an Act of Barbados for ascertaining
the continuance of the Assembly, by a majority of 12 to 7. Of the
dissentients, John Frere, Henry Pears, William Leslie, Nathaniel
Webb, Thomas Maxwell, and Samuel Adams desired that their
dissent might be entered upon the Journal of the House, with
their reasons, viz. that the Representatives were elected for one
year, which was nearly expired, and that they cannot continue
themselves for a longer time without infringing on the rights
and liberties of H.M. subjects. Endorsed, Reed, (from
Mr. Heysham) Read Nov. 7, 1706. Copy. 3 pp. [C.O. 28, 9.
No. 63.]
573. Copy of Act of Barbados referred to in preceding. 4 pp.
[C.O. 28, 9. No. 64.]
574. Copies of petitions to H.M. and the House of Lords
against the above Act. See Nov. 14. Same endorsement. [C.O.
28, 9. No. 65.]
Nov. 7. 575. Mr. Mein to the Council of Trade and Plantations.
I know not how to give a particular accot. of what their Lordships
desire of me, without ye perusal of ye Minutes of ye Council
of Barbados, but so far as I can remember, during ye Presidentship
of Mr. Bond and Col. Farmer the Governmt. was managed by
ye Council, and in ye same method as when there was a Governour,
ye Council meeting on Tuesdays every 4 weekes, and ye Assembly
at ye same time, ye Council passing or rejecting such Bills as
were brought up from ye Assembly. But ye Council met upon
other matters very often once a week, especially in war-time,
and usually held a Court of Chancery on ye aforesaid monthly
Tuesdays, and sometimes by shorter adjournmts., and if there
was occasion for it, turn'd themselves into a Court of Errors,
AMERICA AND WEST INDIES.
1706.
The most remarkable difference in ye administration WM, yt. ye
Council understood ye Govrrnmt ."to he devolved upon them
in such manner as yt. ye whole authority wan lodg'd in them
all jointly, and therefore yt. ye eldest member had no su
or any power apart from them, not \\ith-f.mdini; vt m II \l
Commission to ye Governor, MI. h i .It-nominated Prenid
with all ye authorities and preemin. !""Kinff thereto.
And upon this accot., because they could not be aD waves at
hand to do what used to be ve particular business of a C
as ordinary etc., they by an Act of Council authorised ye President
to do in their absence, and dureing their pleasure, but so M when
they met in Council, they might notwithstanding have ye hc^
of such matters themselves. As to ye election of Aiwcnil.lv
men during that administration, there was an Act of that Inland
which appointed all writs for electing of them to ! directed
by ye Governor etc. for ye time being, to one of ye members
of ye Council resideine in each Parish, ami if MOM. i>
more than one in another Parish, the youngest member of them
shoud go to execute ye writ ; but if then- uere not ('oiineillor*
enough for every Parish, then ye writ was to be direct-
oldest Justice of ye Peace in that Parish. Dunging ye President
ship of Mr. Bond and Col. Farmer, ye Council takeing ye
Governmt. to be wholly in themselves, judged it improper to
have those write both directed and returnuMe to themselves,
and therefore directed them to ye eldest .Ju^ti. IV.i.-e m
each Pariah, and ye elections were made and return'd accord-
ingly, without any dispute, while Mr. Bond was President. lint
in Coll. Farmer's Presidentship, ye Representative* who were
so elected and return'd, and after being sworn and allowed of
as ye Law required, had chosen their Speaker, thev cam*
acquaint ye President and Council yt. they did not tliink them-
selves legally constituted, because ye writts were not directed
to ye members of ye Council, as ye Law appointed, which they
beleived would make a nullity in their proceedings. But ye
Council insisting upon ye legality of it, ye Assembly after much
debate gave way, and went upon business. Signed, Pat. Mem.
Endorsed, Reed. Read Nov. 7, 1706. Addressed. Hologra})h.
1 p. [C.O. 28, 9. No. 61 ; and 29, 10. pp. 167-170.]
Nov. 8. 576. Lt. Governor Bennett to Mr. Popple. Refer* to letter
Bermuda. o f Sept. 19. In the vessel that carried Capt. Jones went one
Mr. Holland, our late Minister, who was likewi-e hound home.
by him I sent my packt. with all matters relateing to Capt. Jones
inclosed, but I have an account they came to late for the Fleet
therefore conclude Capt. Jones will make the best of his way to
Piscataqua, from whence the mast Fleet does not sail till this
month, but Mr. Holland I believe will not goe thither, having
his family with him, lweau-e their oaters are but smal ves
soe that in all probability Capt. Jones will be att home b.
my letters can arrive ; and being assured he has exprest himself
to have matters of great complaint agt. me, I pray noe hearing
may be had till my packt. arrives, or a duplicate thereof whieh
Wt. 4912. C 19
290 COLONIAL PAPERS.
1706.
goes via Jamaica. From Carolina I am informed that the French
and Spaniards had fitted out five ships from the Havana, and
had on board, with some Indians they took in att St. Augusteen,
about 1,000 men, with which they made an attempt on Carolina
in Augt., where they landed detachments in severall places,
but were repulsed by the inhabitants, many of them being killed,
and 230 taken prisoners, the rest retreating to their boats with
great precipitation and soe to their ships, and all with very
little loss on our side, upon which the Carolinans fitted out two
sloops, and according to advise stood for a place where one of
the enemy's ships lay, and as they were runing on board the
French cryed out for quarter, and soe took them without fireing
one gun. In this vessel was their Land Generall, and severall
other officers with their Field pieces of copper. Refers to
enclosures. Capt. Newnam, who is now in goal for his fine, I
know is a pentioner to Capt. Jones, he being daily subsisted
by one Jennings a victualer, by Capt. Jones his order. The
oppertunity that offer'd to send this is by a sloop that touched
in here from Anguilla, in her way for England, to take in water.
Signed, B. Bennett. As I was makeing up my letters a vessel
arrived here from Virginia, the Master whereof acquainted me
that the Fleet was sailed from thence before the dispatches
arrived from Carolina. I therefore conclude this will be the
first advice thereof, etc. I desire their Lordships would examine
Capt. Jones on the enclosed affidavit, and if he can make good
his charge, I shall most willingly submitt to my Fate ; if not
I doubt not but their Lordships will consider some way to salve
my injured reputation. If my account about Carolina be the
first, pray, after the Lords have seen it, lett it be carryed to
Mr. Sec. Hedges, to whom I have not time to write. Signed,
B. Bennett. Endorsed, Reed. Feb. 1, Read March 14, 170f.
Holograph. 3 pp. Enclosed,
576. i. Copy of an Act of Bermuda for the further regulating
the Courts. Aug. 31, 1706. Endorsed, Reed. Feb. 1, 170$.
4 pp.
576. ii. Copy of the trial of Mathew Newnam, Aug. 22, 1706.
For calling all the Justices rogues and vilains etc., he
was fined 100?., to be released from custody on payment
of same and producing a surety in 100L for good behaviour.
Court : Col. Francis Jones, Lt. Col. Wm. Outerbridge,
John Dickinson, Capt. George Darrell, Charles Minors,
Capt. Daniell Johnson, Thomas Burton, Capt. Richd.
Gilbert, Henry Tucker. Grand Jury : Capt. Daniell
Keele, Foreman, Daniell Tucker, John Hilton, James
Wright, Perient Trott, sr., Joseph Cox, Jeremiah
Burges, Samuel Dunscome, Christiphor Pitt, sr.,
Adaman Eve, Richard Pitt, Wm. Lecroft, John Jennings,
Samuel Browne, Daniell Hinson. Petit Jury : Wm.
Stroude, Foreman, John Mallorey, Joseph Evans, John
Reilly, James Darrell, John Darrell, Richd. Wolrich,
Samuel Harvey, jr., Josias Smith, Mathew Witter,
Edwin Stone, Benjamin Apowen, Capt. Daniell Johnson,
AMERICA AND WEST INDIES. If]
1706.
and Peter le Countc gave evidence. Endorsed as
preceding. 4 pp.
576. iii. Affidavit of B. Fox, Master of the sloop The Blessing,
Nov. 11, 1706. Oct. 23 last Capt. Jones said to him
that men dare not be honest jurors for fear of tin-
Governor, etc. Signed, Benja. Fox. Endorsed as
preceding. 1 p. [C.O. 37, 7. Nos. 41, 41. i. -iii. ; and
(without enclosures) 38, 6. pp. 231-233.]
Nov. 8. 577. List of fees in the High Court of Admiralty for the
condemnation of prizes. Signed, Ri<li<l Crawley, Regr.
Endorsed, Reed. Read Nov. 12, 1706. | p. [C.O. 28, 9. No. 73 ;
and 29, 10. pp. 198, 199.]
Nov. 8. 578. William Heysham and other Barbados Merchants
to the Council of Trade and Plantations. Wee render t<> II M
our most humble and sincere thanks for her great goodness,
extended to the Planters, Merchants, and other Inhabitants
belonging and tradeing to her distressed Island of Barbadoes,
in her repealing that pernicious and fatall Act of Assembly
relateing to paper money ; and for her gracious favour in appoint -
ing a person of such great worth and experience as Mitford
Crow, Esq., is, to be Govcrnour. And in obedience to what
your Lordships were pleased yesterday to communicate to us,
in relation to the giving our sentiments what will be the most
effectual! meanes to heale and reconcile the animosities and
compose the differences that have of late happened in that
Island, propose (i.) that no person Jbe a Member of Councill
there who has been either a contriver, promoter or encourager
of such differences, either by voting for the Paper Act or Trienniall
Bill, or is considerably in debt ; (ii.) that with all convenient
speed, H.M. would give her commands for the dissolution of
tnis present Assembly, and for the speedy calling an annunll
Generall Assembly, and that the inhabitants may be protected
in the ffreedom of their choice, according to their antient
constitutions ; to which purpose Petitions are sent over to H.M.
from under the hands of many hundreds of the most substantiall
ffreeholders of that Island ; (iii.) that, in case there be any failure
in the payments of the Bills raised upon the ffunds of the Paper
Act, your Lordships represent to H.M. that she would give her
royal Instructions to the next Assembly, for the raising a proper
ffund to supply such deficiencys, and (iv.) that as soon as 11.. M.
service will permit. the Governour may imbark for that Island.
Signed, Robt. and William Hevsham, 'Guy Ball, E. Chilton, and
43 others. Endorsed, Reed. Head Nov. 8, 1706. 1 large p.
[C.O. 28, 9. No. 67 ; and 29, 10. pp. 174-176.]
Nov. 8. 579. List of persons proposed to be of the Council of
Barbados: Geo. Lillington, Wm. Wheel 1 IT. .Jno. Hallett, Tho.
Allen, Jno. Frere, Jno. Maxwell. Jno. Pillgrim, Tob. Frere,
Wm. Cole, Richd. Downs, Jno. Adams, Benj. Hawkins, Richd.
Worsham.
292 COLONIAL PAPERS.
1706.
The following Councillors were for passing the Paper and
Triennial Acts : Wm. Cleeland, Wm. Sharpe, Saml. Cox, Jno.
Mills, Alex. Walker, [Middelton] Chamberlin, Tho. Merricke.
Endorsed, Reed, from Mr. Heysham, Read Nov. 8, 1706. 1 p.
[C.O. 28, 9. No. 68; and 29, 10. p. 177.]
Nov. 8. 580. Mr. Bridges to W. Popple. Encloses following. Signed,
Wm. Bridges. Endorsed, Reed. Read Nov. 8, 1706. Addressed.
1 p. Enclosed,
580. i. Mr. Bromely and other Gentlemen of estates in
Barbados to the Council of Trade and Plantations.
[See Journal of C. of T.] Propose (i.) no immediate
alteration in the Council or Assembly; (ii.) the
immediate sending over of the Governor or appointment
of a Lieut. Governor, by whom the Assembly may
be adjourned or dissolved ; (iii.) that, as there is not
silver sufficient to negotiate the trade of the Island,
sugar should be made use of instead, as it was about
35 years ago ; (iv.) that a regiment of Foot be forth-
with sent thither and a convoy twice a year ; (v. ) that
one of H.M. ships may be appointed on purpose for
protecting a trade from the Island to the Spanish
Indias, which would be a means to resupply the Island
with silver in time ; (vi.) that the duty of 4 p.c. arising
in the Island be applied towards the finishing the
fortifications begun under Col. Lilly. 3J pp. [C.O.
28, 9. #os. 69, 69.i. ; and 29, 10. pp. 178-182.]
Nov. 8. 581. Council of Trade and Plantations to Mr. Sec. Hedges.
Whitehall. I n reply to Nov. 6. Upon the coming away of Sir B. Granville
(who is since dead), and until the arrival of another Governor,
the Government of [Barbados] is vested in the Council, wherein
the first Counsellor does preside. And having informed ourselves
from the most eminent merchants and persons of estate concerned
in Barbados, we do understand from them, and from other advices
received from thence, that ye Island att the coming away of
the Packett and Fleet, was in the greatest confusion, occasioned
chiefly by the late Act for Paper Money, and an other Act lately
passed for continuing the same Assembly for three years, which
has divided the Island into Parties and open animosities ; and
altho the said Merchants and others attending us do appear
in many points to disagree, yet we find them unanimously of
opinion that nothing can more tend to the allaying these Divisions,
than that a Governor in Chief receive H.M. Orders forthwith
to repair to that Government, and being unconcerned in those
Heats may by the Authority of his Presence and his impartial
Administration of Justice be able to redress the Disorders and
abuses under which that Island labours at present, and to provide
against the dangers to which it is exposed during this time of
war, and they earnestly desire his dispatch accordingly, where-
with we do concurr. And we are likewise of opinion that the
Governor upon his arrival dissolve the present Assembly and
AMERICA AND WEST INDII- 293
1706.
call another in order to an impartial administration, as proposed.
And whereas it has been represented to as by several oi
aforesaid merchants that >omr of the present Counsellors have
been engaged in the ill practices that have oooasion'd these
distractions ; that they are incumbered with Law-suite and
debts and unfit for the discharge of that Trust. We are further
of opinion that it will be for H.M. service that there be a reform
made in the Council. And whereas we have just now received
divers papers relating to the particular characters of these
Counsellors, and of others proposed as fittest to supply their
places, together with other particulars relating to the State of
the Island, We are examining the same for H.M. further infor-
mation. Autograph signatures. Endorsed, R. 8. 3 pp. [C.O.
28, 38. No. 53 ; and 29, 10. pp. 182-184.]
Nov. 8. 582. The Queen to the Governor of Barbados. Whereas
Ten8in Ul u>n t a ^ W ^ & * ^ ate ' v pa 880 ^ in our Island of Barbadoes, to supply
the want of cash, etc., which has been represented to us as hurtful!
to trade, injurious to creditors, prejudicial to our revenue, and
the safety of that our Island, Wee have thought fitt to disallow
and repeal the same : And it appearing to us that the said Act
has from the time of passing thereof been put in execution to
the great prejudice of our subjects, Wee do hereby will and
require you or the Commander in Chief of our Island of Barbadoes
for the time being, not to pass any Law or Act of Assembly for
the future of an unusuall and extraordinary nature and
importance, wherein our prerogative or property of our subjects
may be prejudiced, without having either first transmitted unto
us the draught of any such Bill or Act, and our having signifyed
our Royall Pleasure therein, or that you do take care in the
passing of any Act of an extraordinary nature, that there be a
clause inserted therein, suspending and deferring the execution
of such Act, u nt ill our pleasure be known therein, that our
prerogative may not suffer, and that our subjects may not have
reason to complain of hardships put upon them by any such
Act, as on the present occasion. And whereas the foresaid
Act will have drawn upon our said Island great inconveniencies
in the course of trade, and in reference to debts, Wee do further
direct and injoyn you to move our Councill and Assembly to be
forthwith convened by you upon the receipt hereof, that they
take all possible care and make the best provision they can,
that any of our subjects who have already been obliged to receive
such bills as are appointed to be currant by the said Act, and that
the persons to whom any debts were owing, and who have been
obliged by the said Act to part with their legall securityes for
such bills be not sufferers thereby, but be restored, as far as may
be, by some new Law, to the same state they were in before
the passing of the said Act, which wee judge absolutely necessary
for our service, and the good of our said Island. Countersigned,
C. Hedges. [C.O. 324, 30. pp. 111-113.]
Nov. 8. 583. The Queen to the Governor of New Hampshire
The Court at Whereas a representation has been humbly made unto us
Kensington.
294 COLONIAL PAPERS.
1706.
by our Commissioners for Trade and Plantations upon an Act
lately passed in our Island of Barbadoes, to supply the want of
cash etc., which being very prejudicial to our subjects in the
course of their trade, as forcing them to receive bills instead
of money in satisfaction of all debts and contracts whatsoever,
wee have thought fit to disallow and repeal the same ; and
taking notice of severall ill consequences of passing Bills of an
unusual and extraordinary nature and importance in our Planta-
tions, which Bills remain in force there from the time of enacting
until our pleasure be signifyed to the contrary, wee do hereby
will and require you not to pass or give your consent hereafter
to any Bill or Bills in the Assembly of our Province of New
Hampshire under your Government of unusual and extraordinary
nature and importance wherein our prerogative or property of our
subjects may be prejudiced without having either first transmitted
unto us the draught of such a Bill or Bills and our having signifyed
our royal pleasure thereupon, or that you take care in the passing
of any Act of an unusual and extraordinary nature that there
be a clause inserted therein suspending and deferring the execu-
tion thereof untill our pleasure be known concerning the said Act, to
ye end our prerogative may not suffer, and that our subjects may
not have reason to complain of hardships put upon them on
the like occasions. Countersigned, C. Hedges. The like letter
was sent at the same time to the Governours of New-Yorke,
New Jersey, Jamaica, Maryland, Virginia, Massachusetts Bay,
Bermuda, and the Leeward Islands. [C.O. 324, 30. pp. 113-115.]
Nov. 8. 584. Mr. Jenings to the Council of Trade and Plantations.
Virga. Recommended by the Board for suitable reward for his
iurg ' services, petitioner was granted by the Council, April 20, 1706,
priority to enter for a tract of land in King William's County,
the granting of a patent being deferred till the lands in that
county should be laid open. June 20, 1706, the Governor and
Council allowed him to make entry for 4,000 acres of land in
that County for his services as Secretary, in issuing commis-
sions, etc., the Assembly having twice voted that he ought to
be paid out of H.M. Revenue. Prays that a patent may issue,
in spite of the recent stop put to patenting lands. Signed,
E. Jenings. Endorsed, Reed, (from Mr. Corbett) Read March 25,
1707. 1 pp. Enclosed,
584. i.. ii. Copies of Minutes of Council of Virginia, April 20,
June 20, 1706, referred to in preceding. 2 pp. [C.O. 5,
1315. Nos. 45, 45.i. ; and (without enclosure) 5, 1362.
pp. 109, 110.]
Nov. 8. 585. Mr. Jenings to the Council of Trade and Plantations.
Virga. My last was of Oct. 14, by a ship bound for Bristol, since which
>urgh 'all the Council except Coll. Custis detained by sickness attended
and passed the business of the Genii. Court, and in a joynt letter
now sent by Mr. Wm. Robinson, have acquainted your Lordships
with what has lately occurred, and particularly from South
Carolina, which account if not sooner with your Lordships may
AMERICA AND WEST INDIES.
I7o
not be ungrateful, tho' the measures taken by that Proprietor
Governmt. for the disposal of the prisonen is not oleasetag here ;
nor the late pretent ions made by ye Governmt. of North Carolina
to land a* wee presume within this Governmt. ; and likewise
of the Proprietors of the Northern Neck to a neck of land between
the South and North Hides of Rappahanock I If these
pretended bounds are found or allowed to bee the Proprietors
on each side cutts off many thousand* of acres ever reputed
to belong to Virga., tin- Hound* between Virga. and Carolina
being never run, and ye Blackwater land restrained by this
Governmt., has inoouraged the inhabitant* to take up and patent
land under the shelter of the Proprietors' Grant. The Coun- il
Proceedings your Lordship- will receive, and we hope to have
your perticular commands therein. Coll. John Smith in obedience
to H.M. commands took the oaths and reinstated in his place
of Counsellor, etc. The Country is very easy and dayly appear-
ance of good and resolved inclinations to forgett all misunder-
stands, wch. on all occasions I do indeavour to promote, etc.
P.S. Mr. Robinson having a better state of health of late, has
delayed his voyage for some time. Signed, E. Jenings. Endorsed,
Reed. Jan. 20, Read Feb. 7, 170f Holograph. 2{ pp. [C.O.
5, 1315. No. 40 ; and 5, 1362. pp. 97-99.]
Nov. 8. 586. Mr. St. John to the Council of Trade and Plantations.
Whitehall. H.M. having ordered Col. Islington's Regiment to be sent from
Ireland to the Leeward Islands, to relieve the detachment of
Col. Whetham's Regiment remaining in those parts, and it having
been represented to the Prince as well by the officers who have
been there as by those now going, that the Act of Assembly for
quartering of the officers and soldiers in those parts has not been
made for any time heretofore for a longer term man three months,
whereby great inconveniency has arisen, the soldiers having been
upon such expiration put out of quarters till a new Act has been
obtained, H.R.H. has therefore directed me to lay this m.
before your Lordships in order to your taking such measure*
therein as shall appear to you to be for the advantage of H M.
service and the relief of the officers and soldiers employed in
those Islands. Signed, H. St. John. Endorsed, Reed. Read
Nov. 12, 1706. 1 p. [C.O. 152, 6. No. 64; and 153, 9.
pp. 406, 407.]
Nov. 11. 587. Mr. Secretary Hedges to the Council of Trade and
Whitehall. Plantations. Encloses H.M. circular letters [Nov. 8], to be
forwarded to the Governours of Her Plantations in America.
Signed, C. Hedges. Endorsed, Reed. Read Nov. 12, 1706. 1 p.
[C.O. 28, 9. No. 72 ; and 29, 10. p. 196 ; and 324, 30. p. 115.]
Nov. 11. 588. ('apt. Underdown to the Council of Trade and Planta-
FalUand, tions. Enclose* fH<>" " In answer to your; <>f April 5, 1706,
Plymouth soon ftfter ;in ival at St. .lohn>. I ordered those from whom
there was any fish due to pay it unto Mr. Jackson's order, which
296 COLONIAL PAPERS.
1706.
they all refused to do and gave me their reasons (below). Signed,
Jno. Underdown. Endorsed, Reed. 16th, Read 25th Nov., 1706.
Addressed. 1 p. Enclosed,
588. i. Reply to Heads of Enquiry relating to the Trade and
Fishery of Newfoundland. [See March 19.] (1) These
heads coming to my hands but at Plymouth, just before
we sayled, and not knowing shou'd be Commodore,
cou'd not provide Acts of Parliament to be distributed
among the inhabitants. (2) Though my time was short,
used all the dilligence to make what possible enquiries
cou'd, which are hereafter mentioned. (3) According
to the account I have had from the several harbours etc.,
there do remain in the winter 181 planters, 1,180 men
servants, 215 women and 421 children, which is not
above J of what have formerly inhabited there ; their
trade and manner of living is wholly by fishing, having
no husbandry nor tillage nor any cattle but what are
brought thither from New England every year ; they
catch their fish with lines and hooks in shallops for
the most part, being 3 men to a boat, but som have
lesser boats ; their employment in the summer is wholly
about their fish, and in winter in fetching of wood and
building their boats against the spring. (4) It is yearly
practised both by the fishing ships and inhabitants
to rind the trees for covering of their stages, cook rooms
and dwelling houses, but something more than the
Act of Parliament allows of. (5) A great many stages
and rooms in St. Johns belonging to fishing ships are
now engrossed and in the hands of private persons ;
I made what progress I could in discovering the same
whilst there, but several of the antient Masters of ships
who were well acquainted with the said harbour being
absent, I could not trace out the truth thereof, for they
are every day selling the sd. stages and rooms from
one to another, and so seem to produce a good title,
having purchased the same tho of those who had no
right to sell, and this abuse requires an early and strickt
inquiry into. (6) I have not heard any complaint
of this kind from any, further than what is said in
preceding. (7) The fishing-ships etc. do carry their
due proportion of Fresh men or Green men, and what
men the inhabitants keep are all of them generrally
such, but few produce certificates of their having such
Fresh or Green men. (8) I do not find any inis-
demeaner of this kind has been comitted this year.
(9) I do not find that anything has been done in this
particular, contrary to the direction of the Act. (10) I
do not find that the ships frequenting Newfoundland
do, dureing their stay there, or at their departure,
commit any spoil upon the stages, cook rooms etc.,
but that the inhabitants are guilty of the breach of
this head in a very high degree, pulling downe and
AMERICA AND WEST INDIES.
1706.
destroying all or inert of the stages, flakes etc. in the
winter for firewood, BO that in the spring their is left
standing (as I am informed >>y all the Masters of ships
there) hardly one whole stage etc., as it was particularly
this spring, and the fishing-ships being oblidged to
rebuild such stages, flakes etc., much to their hindrance
and loss of time, and in one of the greatest abuses,
annoyance and detriment to the fishery, and f
weh. tin-it- i-. no power there to restrain the inhabitant*
in tlii- \\intt-i (11)1 find no abuse nor any complaint
relating to this head. (12) The Admirals, Vice Admirals
etc. of harbours are very deficient in putting in
the rules and orders of the Act, and few or none of
them keep any journal or account of the number of
ships, boats, etc., except when cal'd upon to gi\
the said accounts to the Comadore for the time being.
(13) The Admirals of the harbours do determine such
differences as are brought before them, and the parties
when agrieved by their determination do appeal to
the Commanders of H.M. ships of warr, for a final
determination, and both sides submit thereunto ; but
I do find that the Admirals (being tradeing men) are
very partial in the complaints coming before them
where their interrist is any where concerned, and the
partys agreived by their determination do sutler much
for want of timely redress in appealing to the Commanders
of H.M. ships of warr, they comeing late into the
countrey. (14) I do not find that any abuse of this
kind has been committed this year, except in the
Harbour of St. Johns, where one John Templeman,
Commander of the Dolphin of Bristol, and Admiral
of the said harbour this year, did in July throw into
the said harbour a great deale of ballast, and that a
great many ships afterwards did the like. Affidavits
by Capt. Peardon and Capt. Arthur Holdswortn, that
there has been more ballast thrown into the said harbour
this year than in any year since they have known it.
I could not make any further enquirey into it.
Templeman being sail'd before I got into the count
(15) The Lord's Day is observ'd, as to their forbearing
to fish, but the fishermen and seamen do particularly
upon this day haunt the Publick Houses which were
always open to them, which though my stay was short.
I in some measure put a stop to. (16) None that I
can hear of. (17 and 18) I do not find that there is
any abuse of this kind, the interrest as well of the
inhabitants as the boat-keepers and fishing ships
oblidging them to the well cureing and ordering then
fish For the better saile thereof. (19) No breach nor
complaints of this that I find. (20) The produce of
the country is inconsiderable, and the late and frequent
incursions of the French have almost ruined the furr
298 COLONIAL PAPERS.
1706.
trade, the little of that kind now remaining being carried
on by the people of Bonavist, who go 40 leagues and
upwards to the Northward upon the furring deeigne.
(21) The inhabitants have their provisions and cloath-
ing from Old England, Ireland and New England, their
provisions mostly from New England, their salt from
Portugal, nets and other fishing tackle from Old England
and Ireland. (22) I do not find that any wine and
brandy is brought thither from New England, but
vast quantities of rum, with which the fishermen do
debauch themselves, they buying it of their masters
the planters at excessive rates, especially in the winter,
in so much that servants who have 20Z. or 24. a year
do commonly run out the same in liquors, so that at the
year's end, they shall not only have no wages due, but
be indebted to their masters, and forced to hire them-
selves again. (23) None that I can find, besides what
comes from Portugal, all ships coming from thence
bringing thither generally wine, brandy, oyl, linnen,
cloath and salt, in great quantitys. There was one
Spanish ship there this year with the Queen's pass,
the Master's name is Juan Baptista de Scarra, the ship 's
name Mariannaoi Bilboa, and came laden with wine, salt,
brandy and iron, and returned laden with fish for the
said place. (24) Part of the said wines is dispos'd
and sold to the fishermen, seamen and inhabitants
there, and a great part carryed to New England, and
I do find it a general complaint amongst the fishers
that such great quantities of salt are yearly carry 'd
thence to New England that, should not an early supply
of salt come in the spring, t'would be of very ill
consequence to the fishery. (25) There is rum,
molosses and tobacco brought their from the West
Indies and New England in great quantitys, but I
do not find that any other commodities are brought
there from the Plantations, nor transported thence to
Foreign parts, but I am of opinion that the quantity
of tobacco imported there is too great for the expence
of the countrey. (26) The number of boats employed
by them is 232, and the men employed about the boats
and cureing the fish is 1,180, besides the planters, as
aforesaid ; they have taken this year 72,920 quintals
of dry fish, the charge of catching and cureing the same
is much alike both to the inhabitants and those coming
from England, and their rates the same. (27) The
number of fishing ships in the country this year is 46,
their boats employed by them 136, their burthen from
60 to 300 tunns, and mann'd from 12 to 30 hands, there
has been caught by them this year 33,350 quintals
of dry fish ; their manner of catching is the same as
with the inhabitants, the charge of catching and cureing
of their fish is as f olloweth ; the charge of one boat
AMERICA AND WEST INTHEa
1706.
with masts, sails and fishing tackle, 6 men's wages
and victuals, and all other charge* (salt exoepted) U
176/. ; ono hhd. of Halt \\ill cure 10 quintals of fish,
the price of the salt is from one quintal! to two a I
(28) Fish has been this year generally sold at Ifo. per
quintall, and oyle at 14/. pi r tun, and 'the fish is carry ed
to Leghorn, Portugal, and all part* of Spain we have
commerce with, and the refuse fish which is always
sold at half price to the West Indian, and some
merchantable and refuse to New England, and the oyle
for England. (20) 25 saile have taken sailing orders
and are bound for Spain and Portugal and 12 ships
that have saild without convoy, some of them for
Leghorn. (30) I do not find that any men are
encourag'd to stay behind by the Masters of ships,
but some do of their owne accord leave there ships
and stay there yearly, and particularly last year 30 ;
the inhabitant* giving them great incouragement to
stay, and this year the Masters of ships made great
complaint to me of the want of men. (31) I do not
find that the inhabitants of New England do now fish
upon the Newfoundland coast. An to the Fishery
on their own coa^t. I ( m get notrueaccot.of it. (32) The
French about Placentia have great plenty of furrs,
but are not so industrious in catching them, the
management of their fishery at Placentia and neighbour-
ing harbours of St. Mary's. St. Peter's etc. is carryed
on by fishing ships, sack-ships, by-boats and planters,
as ours is, the number of the ships at Placentia when
I came from Newfoundland was betwixt 40 and 50,
36 of which were fishing-ships and had for convoy a
man of warr of 36 guns, the manner of their fishing
is much the same as ours, only they bring their fishing
boats with them from France, haveing each boat in
three parts, for the more convenient stowing them,
but to the Norward of Bonavist they have several!
good harbours, where a great many ships from 14 to 48
guns and generally from 60 to 150 men, catch and cure
their owne fish, no planters resideing there in the winter,
the number of ships thereabouts 30. This account
I had from a .Master taken by the French to the Norward,
and who made his escape from them this summer.
(33) The number of inhabitants at Great and Little
Placentia resideing last winter was not fully 300, and
as for the other places thereabouts I could get no infor-
mation, they follow no manner of husbandry nor
planting, but their whole dependance is upon what
is brought from Europe. (34) They are of no other
use (that I can find) than the catching of fish early
in the year, and the inhabitant* in the winter for want
of other employ do busy themselves in molesting the
English inhabitants, but now seem to be weary of it,
300 COLONIAL PAPERS.
1706.
having met with severall repulses last winter. (35) I
cannot get any true account of the quantity of Fish
taken by them, nor at what price they sell, but am
credibly informed that their charge in catching and
cureing of fish is less than ours, the men's wages being
less and their living harder than the English. (36) They
come earlier to the Fishery than the English, and depart
sooner, and consequently get sooner to their markets,
France, Spain, Leghorn. (37) The French fishing
trade doth to all appearance yearly encrease, but in
what proportion I cannot give account, nor the cause
thereof other than the decrease of the English trade.
(38) I do not find that they have any places of strength
except at Placentia, where they have two Forts, one
at the entrance of the harbour close by the water, of
36 guns, another on the top of the hill, of 15 guns, 7 of
which were mounted this summer. They have there
3 Companys of foot-soldiers, of 50 in a Company, they
have there ammunition and victuals yearly in store
ships from France, their victuals some times from
Canada. (39) By reducing of Placentia. (40) None
that I can hear of. (41) A great number of French
ships yearly fish upon the Banks, man'd from 18 to 30
men, but of small force. (42) No other besides French
and a few Biscaigners. Signed, Jon. Underdown.
Endorsed as preceding. 37 1 pp.
588. ii. Answer to the additional Instructions. The
inhabitants in general rind the trees as far Norward
as Carbinere, and Southward as far as Ferryland, for
the use of their stages, store-houses, cook-rooms etc.,
and I conceive the chiefe reason thereof is their not
having timber large enough to make boards of. The
Admirals and Masters of ships have been guilty of the
breach of the Act in severall particulars, as in preceding.
The vessels from New England do early in the spring and
at other times, supply the inhabitants with pork, bread,
flower (live sheep, cows, etc. which they have from no
other place, and is of great service to them). The
New England traders comeing and going all ye season,
and I am inform 'd they used to carry men away with
them, and some of them remain in the countrey after
the convoy sayled, though there was none this year,
and as for their carry ing men out of the country that came
not with them, I gave the Masters] of ye vessells their
oaths, and took bond that they [did not], which I
conceive put a stop to that abuse this year. The
Masters of ships do generally leave men behind as some
have done this year, [but] 'tis of the men's own free
will, out of lucre of the large wages given them by
the Inhabitants. Europian commodities are very
frequently brought from Portugall, as salt, wine, oyle,
brandy (and linnen cloath) in great quantitys, but I
AMERICA AND WEST INDI 301
1706.
could not learn (my time being abort) that they were
truckt away to the New England trader* for sugar,
tobacco, or any other enumerated commodities, though
have been informed that such abuses have been formerly
commited. And as to the illegiall proceedings in the
trade to Newfoundland I took due care to inspect into.
But there being no clause in the Act to redress those
abuses of the trade from Portugal!, Spain, etc., I humbly
conceive that an officers to reside their impowr'd
to inspect into those abuses (and likewise to keep a
register of all stages, cook-room, warehouses, etc.)
would be a means to prevent that and others. Signed
and endorsed as preceding. 1| pp.
588. iii. Account of the inhabitants, boa to and fishery of
Newfoundland, 1706. Abstract of preceding, with
details of each place. Inhabitants, total : 181. Men
servants 1,180, women 215, children 421. Signed
and endorsed as preceding. I p.
588. iv. Affidavit of John Davis, Commander of the Henry
of Exon., that Dr. Jackson, minister at St. Johns, drank
to the confusion and damnation of Capt. Michael
Richards, and became intoxicated, etc. I p.
588. v. Inhabitants of St. Johns to Commodore Underdown.
Their reasons for not paying Mr. Jackson his allowance of
fish. Give instances of his coarse and cruel behaviour.
He has always sowed discord amongst the inhabitants
and goaded the soldiers to mutiny etc. Signed, Richard
Oolsworthy, John Collin, Thomas Gruchy, Jno. Cock
(mark), Tho. Hawkins, Christopher Archer, William
Robarts. Guilbard Jan. (mark). Endorsed, Reed. 16th,
Road 25th Nov., 1706. Addressed. 2pp. [C.O. 194. .1
Nos. 169, 169.i.-v. ; and (without enclosures) 19.V l
pp. 296-328.]
[Nov. 11.] 589. Address of the Council and Assembly of Barbados
to the Council of Trade and Plantations. As wee are sensible
of the great trust reposed in your Lordships by H.M. Commission
as Guardians of the Trade and Plantations of England, so wee
in particular express our acknowledgement of vour Lordships'
t care in interposeing your Counsel to H.M. on many late
occasions for the peace and good Government of this place, and
ln-iiig acquainted by our Agents (who we hope will be always
;:dmitted to your Lordships) that your Lordships have *1
great inclinations to promote anything that might be proposed
for the good Government of H.M. subjects here and encourage-
ment of the Trade of this place, wee do therefore acquaint your
Lordships that H.E. Sir B. Granville, has at our request promised
upon his arrivall in England to make propper applications for
severall indispensibly necessary expedients to be laid before
H.M.. the Parliament and your Lordships for the wellfare and
preservation of this place, as, the 4J p.c. and regular troops
[see Nov. 19]. And likewise for the continueing of 3 shipps
302
COLONIAL PAPERS.
1706.
to guard our coasts, and two convoys a year for our trade, and
then for easing the duty upon white sugars. And H.E. being
fully apprized of all these matters, and also of the miserable
and low condition of the inhabitants, and of the necessity of
speedy care to prevent their utter destruction, we hope your
Lordships will give a chearfull assistance in representing to H.M.
or the Parliament as ye case may require ye reasonableness
and necessity of granting our Petitions. Signed, Wm. Sharpe,
Saml. Cox. Wm. Cleland, John Milles, James Colleton, Middleton
Chamberlen, Alexander Walker. Tho. Alleyne, Speaker, John
Holder, George Peerse, Thomas Sandiford, Paul Lyte, Reynd.
Alleyne, Benja. Bullard, Sim. Lambert, Elisha Holder, Tho.
Prideaux, Richd. Sandiford, Robert Waite. Endorsed, Reed.
Read Nov. 11, 1706. 1 large p. \_C.O. 28, 9. No. 70; and
29, 10. pp. 185-188.]
Nov. 12. 590. Council of Trade and Plantations to the President
Whitehall, and Council of Barbados. Enclose H.M. repeal of the Act to
supply the want of cash, etc. It will be your duty to take care
that it be immediatly published and made known to all whom
it may concern. And the same being accompanied by H.M.
letter [Nov. 8], it is withall incumbent upon you to do all that
in you lyes that H.M. Royall intentions therein meet with a
dutyfull compliance, and we expect an accot. thereof from you
by the first opportunity. [C.O. 29, 10. pp. 197, 198.]
Nov. 12. 591 . Mr. Secretary Hedges to Governor Parke. I have
Whitehall, received your letters of Aug. 28 and 29 ; the Addresse which
was enclosed in the latter has been presented to H.M., who was
pleased to receive it very graciously. You have already heard
how H.M. has taken care to supply most of your wants by order-
ing ordnance stores from the Tower, and 300 men to be sent
to you with all possible diligence, and that, in the meantime,
Sir John Jennings, who is to touch at your Islands with a
squadron, has directions to leave with you all things that you
have necessity for, and he can spare from the ships, and finding
now by yo 
