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Full text of "Colonial Records. Calendar of State Papers, Colonial"

HANDBOUND 

AT THE 



UNIVERSITY OF 
TORONTO PRESS 




, - 

CALENDAR 



OF 



STATE PAPEKS, 

COLONIAL SERIES, 

[Vol.-S.Vl 

AMERICA AND WEST INDIES, 

JUNE, 1708-170!). 



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EDITED BY ^* 



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CONTENTS, 



PAGE 

CORRIGENDA . . i v 

PREFACE ..... v 

CALENDAR .... i 

GENERAL INDEX ..... 569 



CORRIGENDA, 



Page 20, line 13, for Bridges read Bridger. 

29, line 33, for Pennsylavia read Pennsylvania. 

120, No. 173, insert " after Oct. 9th in line 2. 

133, line 6, for Bamford read Bamfeild. 

248, last line, for Feb. 10 read Feb. 20. 

254, 9 lines from bottom, for ventureed read ventured. 

,, 304, line 1, dele signed as- preceding. 

339, line 17 from bottom, for 554 i. read 554 i. (a). 

,, 363, line 12 from bottom, for Hain read Ham. 

465, line 6, for Lays read Luys. 

512, line 3, for 835 i. read 835 ii. 

,, 556, line 5. Replace line dropped out : 909 i. Petition of 

Francis Pouch of Antegua and Daniel Gaschet of 
564, line 16 from bottom, for 924 i. read 924 i. (a). 



NOTE. etc. printed in italics in the course of the text indicates that 
matter merely repeated or of no importance, is there omitted. 
Words printed in italics between square brackets [ thus ] are 
suggestions by the Editor in places where the MS. is rubbed 
or torn etc. 



(v.) 



PREFACE, 



statistical During the period covered by this volume, returns 
Returns. came to h ari cl from the several Plantations in reply to 
the series of queries addressed to them by the Board of 
Trade in 1708. These replies furnish valuable informa- 
tion as to the numbers and increase of inhabitants ; kinds 
of produce and manufactures; fisheries and shipbuild- 
ing; ships and illegal trade; movements of ships and 
the volume and channels of trade between one Colony 
and another. Returns are given, too, of Patent Offices, 
and of the number of negro slaves imported and required 
by the several Plantations. 

The Expedi- The most important incident with which the documents 
Canadian? included in this volume are concerned, is the abortive 
N ^a Scotia preparation for a campaign in America. It aimed at the 
foundiand. reduction of Canada, Nova Scotia, and, possibly, of New- 
foundland. Marlborough was determined to pursue the 
plan of William III. and to carry on the war in Flanders. 
But, since 1707, it had been a plank in the policy of the 
Tories to change the seat of war to Spain and to call 
attention to the feebleness of Naval action in the West 
Indies. 

We now find, in the summer of 1708, the Whig Minis- 
ters, Boyle and Sunderland, taking up Capt. Vetch's 
proposal for driving the French out of Canada (60, 
71, 85). 

The idea of an expedition against Quebec had, of 
course, long been in the air. Proposals to that end had 
repeatedly been made from the Colonies, as we have seen 
in previous volumes of this Calendar. The demand 
came with greatest insistence from New England. For 
New Hampshire and the Massachusetts Bay were the 
greatest sufferers on the Continent from the neighbour- 
hood of the French and their Indian allies (19, 60, 533 i., 
609). 

Wt. 11522. CP. 



vi. PREFACE. 

Rewards for Great indignation, too, had been aroused by the action 
of the French in paying a reward of 5 to their Indians 
for the head of every English subject brought in by 
them, "'which the savages cannot challenge without 
shewing the scalps." 

Governor Dudley explains that he had himself set a 
price of 100 upon the heads of rebel Indians, who after 
forty years allegiance, had broken out and murdered 
several families of settlers at the beginning of this war, 
"a very far different case from .... their treatment of 
Christians." He threatened reprisals, and his action 
was confirmed at home. But neither his expostulations 
nor threats of reprisal had any effect upon the French 
Governors (19, 30, 533 i., p. 238). 

New York also suffered, but was, on the whole, less 
affected by the neighbourhood of the French (60). For 
the agreement made by Lord Cornbury with the Gov- 
ernor of Canada for keeping the Five Nations and 
French Indians neutral, threw the burden of defence 
upon New England. The Council and Assembly of 
the Massachusetts Bay again sent a protest against this 
agreement (533 i.) 

The Agent of New Hampshire complains, that it had 
cost the lives of a thousand settlers and the devastation 
of their plantations, besides the expense of 100,000 (19, 
p. 328). Meanwhile benefit accrued to the "handlers" 
at Albany, who traded with the French (617). 
Demand for But the New Englanders beheld the fertile Eastern 
tion fro^the Country abandoned,, and their fur trade lost, whilst the 
Colonies, privateers from Port Royal ruined their fishery on the 
coast and paralysed their seaborne trade with the sugar 
Islands (p. 49). Again and again, in a phrase calculated 
to appeal to Ministers at home, Port Royal is described 
as a regular den of privateers, an American Dunkirk 
(533 i., etc.) Another reason for reducing Nova Scotia 
was urged. Coal mines of great value were known to 
be there. Fireing in New England was growing scarce 
and dear, "soe dear ytt. will be forced to burn coales" 
(260, 663). The time' for an offensive against the French 
seemed ripe. They were scattered and not numerous. 
Their numbers indeed were estimated at less than 5000 
(217). But an attack by them upon Maine was dreaded, 



PREFACE. vii. 

and this might best be countered by the English taking 
the offensive (60). The Five Nations were ready for 
the war-path, and, if allowed, would soon extirpate or 
reclaim the Eastern Indians (533 i.). 

Coi. vetch's It was in these circumstances that Col. Vetch came 
forward with an elaborate report upon the French in 
Canada and a proposal for an Expedition against them. 
His Memorial, entitled Canada Surveyed, was presented 
to Ministers in July 1708 (60, 71). In the absence of 
Lord Sunderland abroad, it was taken in hand by Mr. 
Secretary Boyle. Vetch was requested to stay in Eng- 
land, in order to expound his proposals more fully (71, 
85, 89). Canada Surveyed, with its explanatory sup- 
plement, is a remarkable document (60, 196). Not only 
does it review the whole case for expelling the French 
from America, and summarize the strength and condition 
of their forces and defences, but it also outlines the plan 
of campaign which was presently adopted. 

The dependence of the West Indian Islands upon the 
produce of the Continent is pointed out (p. 47). As to 
the cost of the Expedition it is suggested that the saving 
that would result from the mere cessation of the damages 
inflicted by the French and their Indians, and of the 
necessity for continual defence, would pay for the outlay 
in six months (p. 42). The plan of campaign proposed 
was a combined naval and military movement directed 
simultaneously against Quebec and Montreal (p. 50). 

its adoption. In Dec., upon Sunderland's return, the Council of Trade 
reported favourably upon the scheme, so far as it lay 
within their province (221 i.). Three months later a 
decision had been taken, and Col. Vetch's Instructions 
were signed (March 1st, 1709. No. 387). 

He was ordered to sail immediately for New York. 
Upon his arrival he was to communicate the plan of the 
Expedition to the Governors concerned in it. New York, 
New Jersey, Connecticut and Pennsylvania were to fur- 

The Quotas, nish contingents amounting in all to 1500 men. These 
were to be provided with arms and ammunition from 
H.M. magazines at New York, and to be disposed into 
four battalions, with which the four regular companies at 
New York were to be incorporated. Officers were de- 
tached from England to train and command them. 



viii. PREFACE. 

These troops were to be ready to march from Albany, in 
conjunction with the Five Nations and River Indians, 
by the middle of May. A depot of provisions was to 
be organised at Wood Creek. Meantime, the Gov- 
ernors of New England and Rhode Island were to raise 
1200 men, and to prepare transports, pilots and supplies. 
They were to be ready to embark by the middle of May, 
and to await the arrival of the Fleet from England, 
which would bring them arms and ammunition. 

Such other preparations as might be deemed neces- 
sary were to be undertaken if unanimously agreed upon 
by Col. Vetch, the Governors concerned, and Col. 
Nicholson, who had offered himself as a volunteer on the 
Expedition. Volunteers in the Plantations were to be 
encouraged (387, 388). In order to stimulate the en- 
thusiasm of the Colonists, they were to be assured that 
the Governments which contributed towards the reduc- 
tion of Canada, should have a preference with regard 
both to the soil and the trade of that country, when re- 
duced (p. 232). Instructions in detail and to the same 
effect were sent to the several Governors after Vetch 
had sailed (475-478). It is stated therein that "H.M. 
is now fitting out her Commander in cheif of the said 
expedition with a squadron of ships, and five regiments 
of the regular troops, who are to be at Boston by the 
middle of May." That was on April 28th (p. 284). 
The Commander in Chief referred to was General Whet- 
ham (492). Sealed Orders were prepared for him. 
They were only to be opened if, upon his arrival at Bos- 
ton, it was decided at a Council of war that the Expe- 
dition against Canada was impracticable. In that case, 
he was to attempt the reduction of Newfoundland (497, 
498). In America, expectation ran high. 

At the end of June Col. Francis Nicholson and Col. 
'Vetch reported that nothing could prevent the success 
of the campaign except the too late arrival of the Fleet. 
They had. reached Boston on April 28th. There, as in 
Rhode Island and Connecticut, the project was received 
with enthusiasm, and preparations were at once begun in 
accordance with the plan of campaign (604). Three 
regiments, raised in the Massachusetts Bay, were uni- 
formed, armed and drilled so effectively that Col. Vetch 



PREFACE. ix. 

considered them equal to most regiments in the service 
(666). From Boston, Vetch and Nicholson proceeded to 
Rhode Island and Connecticut, and thence to New York. 
The view that "New York was the only Colony which 
threw itself into the attempt with hearty enthusiasm" 
(Do)ie, The Middle Colonies, p. 345) is not borne out by 
the reports now published (602-605, 617). The several 
Governors and the Council and Assembly of New York 
appointed Nicholson Commander in Chief, with Col. 
Schuyler as second in command (p. 403). On May 26th 
a force marched out to Wood Creek and began to con- 
struct a depot and to build boats and canoes there (666). 
On leaving New York, Vetch and Nicholson visited New 
Jersey. There the Assembly, being composed largely 
of Quakers, refused to contribute their quota of men. 
They also at first refused, but afterwards passed, acts 
for 3000, for the present service and expedition against 
Canada, and for the encouragement of volunteers. These 
Acts were only passed with great difficulty, all the 
Quakers in the House of Representatives voting against 
them (617). Pennsylvania refused to contribute either 
men or money (580). 

The possibility of the refusal of Quotas had not been 
unforeseen (497). It was, however, hoped to make up 
the deficit by raising more Indians. But the opportunity 
was taken to urge the exclusion of all Quakers from 
Government (p. 405. No. 605). 

At the beginning of July Nicholson and the acting Lt. 
Governor of New York, Col. Ingoldesby, proceeded to 
meet the Indians at Albany "whither all the forces nre 
Non-arrival gon up" (629). A month went by, and still there was 
of the Fleet. no s jg n o f tne pi eet> All hope of a surprise disa- 
peared. For Col. Nicholson waiting impatiently with 
his contingent at the Lake side, ready to embark for 
Montreal in canoes and specially-constructed fiat-bot- 
tomed boats, had a skirmish with the French and Indians 
(666). 

At last, on Oct. llth, a man of war arrived bringing 
letters dated 27th July, which announced that the expe- 
dition had been abandoned. The high hopes of the 
Colonists were dashed. But there was still a chance 
that all their trouble and the heavy expense of their 



PREFACE. 

preparations estimated at 100,000 apart from the cost 
of dislocated trade and a three months' embargo on ship- 
ping-might not have been wholly in vain. 

Attack on For the Commanders of the Expeditionary 'forces were 
instructed to consider whether, with the resources at their 
disposal, an attack upon Nova Scotia and Port Royal 
might not still be feasible (794). A Council of War 
was therefore held, attended by Cols. Nicholson, Vetch 
and Moody who had arrived from Newfoundland the 
Governors and some of the Members of Council and 
Assembly of the Massachusetts Bay, Connecticut, Rhode 
Island and New Hampshire. 

After considering Col. Moody's report upon New- 
foundland, it was unanimously decided to defer any 
attempt against the French there, or for the recovery of 
the Bahama Islands, until the spring, but to proceed 

abandoned f rlnw i tn against Port Royal. The Government of New 
York and the Jerseys, however, would take no part in 
the project. And the Navy flatly refused to help. The 
Commanders of H.M. ships pleaded orders from the Ad- 
miralty, some to sail for Newfoundland, and some for 
New Providence (794, 794 i.-xii., 798, 803, 806). As their 
aid was vital, there was nothing for it but to abandon 
all action, and seek consolation in the hope of a renewed 
attempt in the spring. With this end in view, it was 
decided to maintain the forts which had been erected at 
Wood Creek with so much labour and expense, and to 
send home Representatives from each Government and 
the Five Nations to urge a renewal of the Expedition. 
Col. Nicholson was the first to sail, commissioned to 
press the cause and present Addresses to that effect 
(794, 794 i.-xii., 797, 798, 803, 806, 922 ii.). In any future 
Expedition, it was significantly suggested that the ships 
of war should be obliged to obey the orders of the Com- 
manders in Chief of the Expedition, or at least the de- 

TheNavyin cisions of a Council of War, of which the Commanders 
indies? of ships should be members (798). Vetch in his ex- 
planatory supplement had already called attention to the 
necessity of a careful adjustment of the commands by 
sea and land, "the want of which hath often occasioned 
the miscariage of the undertaking" (196). The feeble 
administration of the Navy, it will be remembered, was 



PREFACE. xi. 

one of the points of attack by the Opposition at home. 
In the West Indies we have seen frequent examples of 
the want of fighting spirit. Rear Admiral Wager had 
recently repeated the bitter experience of Benbow. 

The list of the Spanish galleons and their convoy 
fourteen sail of ships, including three men of war, two 
sloops and a brigantine engaged by Wager, is given 
(56 ii., 135). The Captains of the two men of war ac- 
companying him left him to fight them almost single- 
handed. 

The Spaniards trading with the English on the Span- 
ish Main laughed at these two ships of 60 and 50 guns 
who dared not attack their Vice Admiral of 64 guns, but 
kept at a safe distance ahead or astern of him (p. 38). 
officers Court Wager, like Benbow, courtmartialled his cowardly 

martialled. - t ,. 

subordinates and broke them a very favourable sen- 
tence, in Governor Handasyd's opinion (68, 135). For 
the rest of the year the Naval Squadron stationed at 
Jamaica, and privateers commissioned from thence, were 
engaged in watching for the Spanish galleons at Car- 
tagena, Vera Cruz, Porto Rico and the Havana, hoping 
to pounce upon them should they venture to put to sea 
under French or Spanish convoy, but hoping in vain 
(56, 68, 451, 542, 649). 

TWO Minor Apart from numerous captures of merchantmen and 
E menf s e packets on either side, two minor naval engagements are 
mentioned. That of H.M.S. Portland off Porto Bello 
ended successfully in the recapture of H.M.S. Coventry 
with 400,000 pieces of eight on board (451, 483, 542, 679, 
872). Adventure was less fortunate. Giving chase to 
Valeur off the Leeward Islands, she caught a tartar. 
When she had lost 1 17 in killed' and wounded, and her 
officers had been put out of action, the remainder of the 
crew surrendered to the Frenchmen (487, 529 iii., iv.) 

Privateers. The Naval Forces were helped by privateers in their 
task of scouring the seas. These were reported to have 
done much damage to French traders among the West 
Indies and in the South Seas (720, 720 i.). But there 
was another side to the picture. Privateers had in- 
creased ir numbers owing to the encouragement of the 
recent Act of Parliament. But for this more profitable 
calling sailors were tempted to desert men of war and 
merchantmen alike (301, 445, '445 i.). 



xii. PREFACE. 

Shortage of Desertion and sickness thinned the crews of the 

Sailors. Squadron at Jamaica to such an extent that ships could 

not put to sea unless one fifth of their men were supplied 

from the Regiment stationed there. Governor Han- 

H.M. Ships dasyd complains again and again that his men '"are 

m 8 oidrs by fatigued out of their lives." Their losses in action, too, 
were neavy (56, 68, 174, 542, 649). 

Question of To meet the deficiency of sailors, outgoing ships were 
dispatched with supernumerary crews. But the Admir- 
alty pointed out that the recent Act for the encourage- 
ment of trade to America deprived naval officers of the 
power of impressing men for H.M. service, even in the 
greatest necessity. They therefore instructed the Cap- 
tains of men of war in the West Indies to leave their 
stations the moment their complement was so far re- 
duced, that there remained but men enough to carry them 
home. The plight of unguarded Colonies was left out 
of account (96, 376). The clause in the Act referred to 
was interpreted by Governors of Plantations as applying 
to civil magistrates also. The Council of Trade and the 
Law Officers of the Crown held otherwise. But in view 
of the doubt felt, the whole question was referred for de- 
cision to the Secretary of State (68, 96, 248, 376, 621, 621 
i., ii., 747, 747 i.-v., 753). 

Privateers There were other objections to privateers. For there 

and Pirates. , 

was always a danger lest pnvateersmen might turn pir- 
ates. It was not only that Peace would throw them out 
of employment and "leave to the world a brood of 
pyrates to infest it" (301, 785, 908). But there was also 
a present temptation to capture a fellow countryman and 
"sink him without trace" (445, 445 i.). 

Governor Handasyd, indeed, reports an ominous in- 
crease in pirates off the Spanish coast. Strangely 
enough, they represented themselves as being so strongly 
pro-ally in their sympathies that they refused to be 
tempted by French or Spanish offers. Nothing but an 
English pardon would satisfy them (785). 

^ curious proposal was made concerning the notorious 
nest of pirates at Madagascar. First we have memorials 
from the Marquis of Carmarthen urging the suppression 
of the pirates there, and a resolution of the House of 
Commons to that effect (557 i., 908, 908i.-vi.). It was 



PREFACE. xih. 

practically impossible to apply force. The application of 
former schemes for securing their surrender upon prom- 
ise of pardon had been mismanaged. It was therefore 
now proposed to appoint some responsible persons to ne- 
gotiate with them as trustees for their lives and property. 
This plan was also pressed by Lord Morton and others, 
and backed by the "wives and relations of pirates and 
buckaneers of Madagascar and elsewhere" who asked 
for a general pardon and good guarantees "that their 
riches may be secured to them on their return home" (620 
i., ii.) 

Who sups with the devil, should use a long spoon. 
Lord Carmarthen gave warning of a rival expedition 
under the camouflaged command of the old pirate, Capt. 
Breholt. The ostensible purpose of it was to recover 
wrecked treasure. In this adventure he had engaged 
the support of Lord Fairfax, Lord Rivers and others. 
But his real object was to get out to sea and then sail for 
Madagascar "upon a Scotch pardon for the pyrats there" 
(908 ii.-v.) 

Privateers Another grievance against the privateers finds fre- 
quent expression. Their indiscriminate action off the 
Spanish main brought to a standstill that correspondence 
with the Spanish West Indies and trade from Jamaica 
and elsewhere with the subjects of King Charles III. 
upon the coast, which it was the policy of England to 
encourage (53, 60, 68, 69, 87, 174 ii., 649). 

^ e advantages of a proposal by a merchant of New 
Spain to settle the Assiento trade in Barbados were 
recognised. But it was pointed out that it would be 
contrary to the Acts of Navigation to grant his request 
for passes for Spanish ships to import bullion thither in 
return for cargoes of slaves. For negroes, it had been 
decided in 1689, were merchandize within the meaning 
of the Act (134, 134 i., 170, 177, 226 i.). Other sugges- 
^ ons ^ or tne granting of passes for Spanish vessels to 
trade in the West Indies were similarly rejected (305, 
372, 406, 449, 463). But a Spanish ship with a pass is 
reported at Newfoundland (p. 167). 

Export of So, too, permission was refused to the Portuguese 
Portugal to purchase wheat and flour in America for their army. 
vetoed. jr or t h ou gh this would have been a means of helping 



xiv. PREFACE. 

a member of the Grand Alliance, yet it was feared that 
their competition might cause a shortage of supplies for 
the Sugar Islands (761, 779). 

Naval stores. The pro bl e ms of developing the production of naval 
stores in the Colonies, and of preventing the destruction 
of forest trees suitable for providing the Navy with 
masts, continued to exercise the representatives of the 
Crown on both sides of the Atlantic. The Council of 
Trade invited suggestions from Lord Lovelace and the 
Governors of New York and New England (17, 20 i., 

of ^last-trees. 429, 430). Under pressure from the Surveyor of H.M. 
Woods, Governor Dudley persuaded the Assembly of 
New Hampshire to pass a law for the preservation of 
white pines. But he could not induce the Assembly of 
the Massachusetts Bay to follow suit. The bill was 
drawn in the very words of their Charter; but "they 
would not enact their Charter into a Law" (30, 33, 914 i. 
etc.}. Sunderland took occasion to remark that, as the 
The Massa- matter was sufficiently provided for in the Charter, it 

chusetts Bay * 

Charter, would have been better not to give the Assembly an op- 
portunity of refusing to enact it by a law (670). The 
Council of Trade rejected the claim of the Assembly 
that they were not bound by a clause in their Charter, 
"for if that Charter do bind, and is as a law to H.M. in 
relation to their rights and priviledges, it does also bind 
and is as a law to the inhabitants of that Colony" (292). 
In these circumstances, the Council of Trade proposed 
a new Act of Parliament to supplement the Act for en- 
couraging the importation of Naval Stores from America 
(914 i., ii.). 

Ne otfaSons ^ e victories of Marlborough and the exhaustion of 
France compelled the Grand Monarque to open negoti- 
ations for Peace in the spring of 1709. The Council of 
Trade accordingly received instructions to state the Eng- 
lish claims to places which were at that moment in the 
hands of the French, or which had been captured by 
either side during the war (512). They lost no time in 
consulting the Agents of the Colonies and preparing the 
British case (516, 517, 519, 520). From all sides came 
claims suggestions and demands. The Hudson's Bay Company 
had already prepared and circulated their case for repar- 
ations and restorations (500, 522, 523). 



PREFACE. xv. 

Jamaican merchants demanded the removal of the 
French altogether from America, from the Continent 
as well as from Martinique and Guadeloupe. But es- 
pecially the new French settlements on Hispaniola, were 
instanced as "a sad and grievous thorne in the side of 
Jamaica" (540). The English title to Dominica, To- 
bago, St. Vincent and Sta. Lucia was stated (539). The 
retention of the whole of St. Kitts was insisted upon 
(546, 547). The damage suffered by Newfoundland and 
the English claim to that island and fishery were tabu- 
lated (548). From Carolina it was urged that the 
French must be compelled to relinquish their new settle- 
ments on the Mississippi. Above all, the demand for 
the restoration of Nova Scotia and Port Royal was reiter- 
ated (533 i. etc.}. These and all other claims and titles 
of the British in America and the West Indies were enun- 
tiated in a long and careful report by the Board of Trade 
at the beginning of June (554 i.). 
Provision for At the beginning of this period estimates were being 

Settlement of , ' . Xr . _, . 

German prepared for transporting to New York Protestants from 
t ^ ie Palatinate who had already sought refuge in England 
(1). The stream of refugees increased in volume. 
They arrived sickly, destitute and infirm, "without stock 
or manufacture" to contribute to the wealth of the coun- 
try (527, 553). Provision was made for their support 
by the Treasury until a decision should be reached as to 
their future (495, 504, 527, 551, 561, 680). A Committee 
was appointed to lodge and relieve them (536-538). Lists 
of them are recorded (495 ii., 551, 592). Overcrowding 
produced sickness, and the Board of Trade suggested 
that a stop should be put to the flow of immigrants until 
those who had arrived could be disposed of (553). 

Several schemes were put forward for employing 
them . Sunderland suggested that they might be settled 
in Er gland. Proposals were made to that effect by the 
Marquis of Kent (485, 570 ii.). The Societies of Mines 
Royal offered to employ them in the silver and copper 
mines of Merionethshire and Snowdonia (526, 552 i., 
595). The Lords Proprietors o'f Carolina made a grant 
of lands for a settlement of "poor Palatines" (687, 719). 
An offer was made to plant 200 families in Jamaica (657 
i.). The Council of Trade, after carefully canvassing 



XVI. 



PREFACE. 



Viticulture. 



Settlement in 
New York. 



Swiss 
Refugees 
settled in 
Virginia. 

The Negro 
Trade and 
The Royal 

African 
Company. 



the latter proposal, reported in favour of it (704). As 
an alternative, they called attention to the suitability of 
the waste lands upon Hudson River. There the immi- 
grants might promote the fur trade and turn to the 
production of naval stores, whilst by following the ex- 
am pie, of the French and intermarrying with the Indians, 
they would prove "a barrier between H.M. subjects 
and the French" (217, 705). Or the vine-dressers 
amongst them might cultivate the wild vines in Vir- 
ginia and elsewhere, and lay the foundation of a new and 
profitable trade (p. 457). Viticulture was, indeed, al- 
ready being attempted in Pennsylvania, and in Virginia 
by Mr. Beverley, "whose vineyards and wine all persons 
are talking of in Virginia" (932). 

When Col. Hunter was appointed Governor of New 
York, he took up the suggestion of settling 3000 Pala- 
tines in that Colony with a view to the production of 
naval stores. A formal contract was drawn up, binding 
them to attend to that work, in order to prevent their 
being decoyed into the neighbouring Provincial Gov- 
ernments (881, 882, 885, 891 i., 915-918). Orders were 
sent to the President and Council of New York to provide 
for them upon their arrival. It was distinctly stated that 
"the expence of it will be answered from hence" (842 i.). 

Provision was also made for the settlement in Virginia 
of a colony of Protestant Refugees from Switzerland 
(601 i., ii., 639, 652, 697, 724). 

In response to orders from the House of Commons, 
the Council of Trade made two reports upon the state 
of the African trade (316, 331, 910, 913). The approach- 
ing expiration of the Act of 1697 raised the question of 
the renewal of the monopoly of the Royal African Com- 
pany. The supply of negroes was a matter of the first 
importance to all but the Northern Plantations. The 
"separate traders", who had paid an ad valorem duty of 
10 p.c. to the Company, had kept them we'll supplied, 
when they would otherwise have been short, and by in- 
creasing supplies had kept down prices. They there- 
fore regarded with dismay the Company's demand for 
an exclusive trade. Grant them that, and, by restricting 
supplies, they will raise the price to 50 a head and ruin 
the Island. So the planters and merchants of Jamaica 
protest (243). 



PREFACE. xvii. 

The Company, on the other hand, argued that the 
competition of the separate traders in purchasing sup- 
plies in Africa was responsible for sending up the prices. 
The 10 p.c. received from the separate traders had not 
sufficed to meet the charges of maintaining forts etc. to 
which they were bound (331). The returns from the 
Plantations, in reply to their enquiries of the preceding 
year, enabled the Board of Trade to state the numbers 
and prices of negroes imported into each Colony by the 
Company and the traders, and the numbers required by 
each. They showed that the trade to the Plantations 
had been so far neglected by the Company, that, but for 
the separate traders, the supply of slaves would have 
been quite inadequate to maintain the production of 
sugar and tobacco (331, 913). 

St war f Whilst requests for supplies of stores of war continued 
to be sent home, Governors were strictly directed to 
make annual returns of the expenditure of arms and 
ammunition (77). 

Packet-boats. Communications remained as bad as ever. The need 
of packet-boats for the Continent is emphasised (pp. 
7, 24). 

Patent offices The Council of Trade made yet another effort to check 
Deputies. ^ Q growing evil of granting patent offices in the Planta- 
tions to patentees who stayed at home and executed them 
by Deputy. They very pointedly called the attention of 
the Secretary of State to the Order in Council of 1699 
(15). But the evil went on unchecked (153, 296). Re- 
turns of Patent Offices were sent in from the several 
Plantations. One of the disadvantages of the system 
is indicated by Governor Parke: "Tis true if they do 
not do their duty, I may suspend the Deputies, but then 
I disoblige their patrons in Great Britain" etc. (p. 5). 

The Tobacco The war w jth France and Spain and troubles in Swe- 
den, Poland and Russia had caused a great depression 
in the tobacco trade. The planters of Virginia and 
Maryland especially suffered acutely from the low price 
of tobacco and the lost markets. They were forced to 
abandon the planting of tobacco and turned to the manu- 
facture of linen, woollens, and leather. This, in the eyes 
of the English Government, was always forbidden fruit. 
To restore the tobacco market the export of that com- 



xviii. PREFACE. 

modity to France was therefore set free, and consump- 
tion in the Navy stimulated (216, 216 i., 249, 295, 296 etc.} 
Irish Trade There are some indications of a trade carried on be- 
French 6 tween Ireland and the French, Spanish and West Indies 

(166, 186, 209, 305, 831 ii., p. 5 etc.}. 
Potash in Application was made and recommended for a patent 

to work potash in America (27, 28, 43). 

The Act of The Act of Union, published and welcomed in the 
lon ' several Colonies, necessitated the issue of new Seals for 

each (16, 40, 815). 

The Council A copy of a Privy Seal for the establishment of the 
SaTaries Commissioners and Officers of the Board of Trade oc- 
owingr. curs (350). Salaries were still owing for the period 
from Michaelmas 1700 to March 1702, and were claimed 
from the Commissioners for stating arrears due from 
King William. In June 1709, they were also five quar- 
ters in arrear (144, 613). 

Report to The Board took the opportunity of an expected de- 
Request for mand for a report upon their work to Parliament to press 
decisions. jyj r Secretary Sunderland for belated decisions upon 
Order for a some of their Representations (294). That Minister re- 
Remain 1 ii? turned the compliment some months later by instructing 
Town, the Secretary to summon absent members back to town. 
Important business was being delayed by their absence, 
and the Board was ordered to see to it that sufficient 
members to form a quorum were always available (759, 
782). 

Secretary's The Board proposed that the little white house adjoin- 

(Md Paiace^f in to their Office should be assigned to the Secretary 

Whitehall, of the Commission. This, it was suggested, would aid 

the dispatch of business and be a security for their papers 

in case of fire. The details given offer an interesting 

sidelight upon the history of the old Royal palace of 

Whitehall after the fire of 1698 and its desertion by the 

Court for St. James'. They are not referred to in 

Canon Shephard's History of the Palace. 



PREFACE. xix. 



2 

THE AMERICAN COLONIES. 



(For reference to general reports see 1. p. 1.) 
a- Th e refusal of the Assembly of the Massachusetts Bay 

ay. 

to pass a bill for the preservation of mast trees and its 
* relation to their Charter is referred to above (p. xiv.) 

rejected. 

The Assembly i n t h e same session they presented a list of very trivial 

and Governor . J 

Dudley, grievances to the Governor and Council; they granted 
the Governor the miserable sum of 200 for his support ; 
and, refusing to join with him and the Council in an 
Address to the Queen, secretly despatched one of their 
own. It was signed by 22 of their Members only (33, 
33 i.-iv.). Dudley remarks, "The value of my Office 
will make nobody fond of it; but I am not willing to be 
by such methods bubled out of an honourable post; 
wherein I have served H.M. faithfully with all diligence 
and acceptance of the people" (p. 32). 

From New Hampshire came addresses in his favour, 
repudiating the suggestions of some malcontents against 
him, and praising both his civil administration, and his 
pains for the defence of the frontiers (65 ii.-vi.). He 
Defence of was, indeed, able to report that, owing to the precautions 
he had taken, only one raid from Canada had been made, 
and that that had been successfully repelled (pp. 240, 
241). In the course of a return to the queries of the 
Board of Trade referred to above, he gives a sketch 
of the calls upon the time of a Governor of New Eng- 
land (391). But the burden of this defence of the 
frontiers lay heavily upon the Colony. Taxes were 
seven times higher in Massachusetts than in any other 
Colony. Though trade was good, and the population 
steadily increasing, the poorer people were tempted to 
move across a boundary which was indicated only by 
marked trees to colonies, like Connecticut, which were 
less affected by the war. Dudley urges that the charge 
of the war should be made equal upon all Governments 
(p. 235). To ease the situation and to provide means 
of paying for English woollen goods, he recommends 
the building up of a lumber and ship-building trade. 
To make the Country secure against incursions from Port 



xx. PREFACE. 

Royal and Canada, he suggests the planting of a Colony 
of Scots in Nova Scotia (391). In the autumn of 1708 
the Council and Assembly addressed the Crown to the 
same effect. They emphasise the drain the war has 
made upon their resources. Massachusetts and New 
Hampshire are the frontiers against the French and 
Indians, but the Neutrality agreement made by Lord 
Cornbury deprives them of the aid of the Mohawks and 
other Indians. Further they urge the reduction of Nova 
Scotia and Port Royal, which is as another Dunkirk for 
privateers preying upon their commerce. They complain 
of the barbarity of the French in setting a price upon 
the scalps of English subjects (533 i. and see supra p. 
vi.) 

The Canada For the rest, the energies of the Governor and the 
Q Colonists were largely absorbed in the preparations for 
the Expedition against Canada (v. 1). 

New Hamp- George Vaughan, sent home, despite the protests of 
Lt - Governor Usher, as Agent by the Assembly, re- 
ported upon the condition and defences of New Hamp- 
shire (2, 2 i., ii., 19). The poverty of the country, the 
decay of trade arid credit, and the aggression of the 
French Indians were advanced as reasons for the send- 
ing of a garrison, guardship and stores of war from 
home, and for the rooting out of "those two nests of 
French, Canada and Port Royal, settled on ye backs of 
ye English." 

Protest is made against the French reward for scalps 
(1), and Lord Cornbury 's Neutrality agreement, which 
is held responsible for the murder of 1000 English sett- 
lers and the devastation of frontier towns and plantations 
(19, 65 ii.). Governor Dudley backed these requests, 
praising the people of this "small and poor frontier 
Province" as being "very much distinguished from some 
others by their loyalty arid good obedience, and inferior 
to none for their diligence and industry." He urges 
the settlement of the Allen controversy (392). An ap- 

Aiien's title; peal in this case was still depending before the Privy 
Appeal. Council (58, 65 iii., 185). Stores of war were ordered 
Grant of to be sent and a grant made for finishing Fort William 

store * t fWar and Mary. The Governor was directed to exhort the 
inhabitants to maintain a sufficient guard for it, and 



PREFACE. xxi. 

to take care that the powder duty was regularly paid 
in kind (54, 185, 332). 
Frontier j n Aug. 1708 Lt. Governor Usher was sent into the 

attack 

repelled. Province upon news of a design by the French and In- 
dians from Canada to attack the frontiers. He found 
the people "very secure and remiss,'" did his best to put 
them on the alert, and had the satisfaction of repulsing 
the enemy, but not of being paid his expenses (260, 
260 L). 

Act for The passing of an Act for preserving H.M. woods 
pr woods ngr is referred to above, 1. p. xiv. 

New York. Reference is again made to a point in constitutional 
Constitution* procedure raised by some Members of the Assembly 
ai procedure. o N W York when it was summoned to meet by a procla- 
mation signed by Lord Cornbury whilst in New Jersey. 
They maintained that an Order signed in one Province 
could not be of force in another (pp. 14, 15). The 
ruling of the Council of Trade on this subject has al- 
ready been given in the previous volume (Pref. p. 
xxxii.). 

The Militia. The difficulty he experienced in getting the Assembly 
to pass an act for settling the Militia, led Cornbury to 
suggest that the Militia o'f all Governments in America 
should be regulated by an Act o'f Parliament. Till that 
was done, he declared, the Militia would never be in a 
satisfactory condition (p. 13). 

The Bolting In the course of a review of the resources and con- 
consequences, ditions of the Province, Cornbury attributes the decrease 
of trade during the last decade to the Bolting Act, and 
the refusal of the Assembly to renew the protective 
duty of 10 p.c. The operation of this Act he traces in 
a curious passage (pp. 9, 10). 

Cornbury on He proposes its repeal, and calls attention to the op- 
,ountyym p^^g mterests o f County and City Members. "County 
Members. M em bers don't care what becomes of the City provided 
they have goods cheap." Since the County members, 
who predominated in the Assembly, had laid full half of 
the taxation upon the City, he suggests that it would be 
fair, and would solve the difficulty of renewing the pro- 
tective Acts, if the number of the representatives for 
the City were raised so as to equal that of all the rest of 
the Province (pp. 10, 11). 

Wt. 11522. CP b. 



xxii. 



PREFACE. 



3any> 



Lord 



Lord 

Lovelace. 



The Five Reference has already been made to the objections 
taken to the neutrality agreement concluded by Corn- 
bury with the French in Canada regarding the Five 
Nations of Indians. In June, 1708, Cornbury was sum- 
Conference at moned to Albany to hold a Conference with them (p. 
14). Only two Sachems attended, and the visit would 
have been fruitless but for the opening up of trade with 
some of the Far Nations. Cornbury again represented 
the necessity of a present to the Five Nations, without 
which he feared we should lose them before the ensuing 
year, and again he urged an attack upon Canada (107). 
The Assembly had plainly showed their opinion of the 
Governor's trustworthiness by refusing to vote any such 
present unless they were first provided with a schedule 
of prices (107). Cornbury was complaining that he 
had been without letters for over a year when, as we 
have seen in the previous volume, he was recalled. 

Meantime, Lord Lovelace, appointed to succeed him, 
by was receiving his Instructions. Amongst them was one 
f or re-granting in smaller lots the lands resumed by the 

_ . * 

Act for vacating extravagant grants. Reservation was 
to be made in the patents of timber suitable for use in 
the Navy, and the Governor was directed to procure an 
Act for the preservation of the woods (20 i.). 

Lovelace arrived in December, after a terrible voyage 
lasting over nine weeks in the most bitter weather (252). 
He was warmly welcomed, and made a good impression. 
Any change from Cornbury must indeed have been 
popular with the majority of the settlers. One of the 
new Governor's first acts was to restore Byerley, who 
had fled from the persecution of Cornbury (405). He 
at once found himself obliged to finance the German 
Protestant Refugees who had been sent over with him 
(252, 401). 

But he never shook off the effects of a chill contracted 
during that winter voyage. He died on the 6th of May, 
1709, and two of his sons also succumbed (571, 617, 621). 

The Commission of Col. Ingoldesby as Lt. Governor 
of New York had been revoked, as is recorded in the pre- 
vious volume of .this Calendar. But he had received 
no official intimation of the fact. Upon Lord Love- 
lace's death, he therefore a'ssumed the administration of 



His death. 



tion. 



PREFACE. 



xx. 



Act for 

regulatingr 

fees. 



New York and New Jersey (578, 621, 711, 712, 738). He 
lost no time in making hay whilst the sun shone. 

The eagerness of the Assembly to establish their con- 

. ir t. i r j- -ij 

trol not only or taxation but also of expenditure had not 
been lessened by their experience of Lord Cornbury. 
They now produced an Act for regulating fees so re- 
strictive in its provisions that it caused lawyers to de- 
cline to practice and reduced all officers of state to pen- 
ury. Ingoldesby passed it because, as he says, the As- 
sembly "seemed to be very fond of it," and he wished 
to humour them, seeing that the question of the part the 
Province was to play in the Canada Expedition then lay 
before them (p. 412). Protests were entered against it, 
and the Act repealed, instructions being given to the 
new Governor to reconsider the officers' fees, and, with 
the Council, to prepare a new bill if need be (768, 769, 
879, 901, 903, 924 ii., 929). 

The Revenue Act having expired, the Assembly, when 
tion clauses, they came to renew it, following the example of New 
Jersey, insisted upon appropriating what was voted for 
the support of the Government. The effect fore- 
shadowed by Ingoldesby was that "those officers that 
are now the Queen's will soon become the creatures and 
servants of the people." The reason for the Assembly's 
insistence is significant: "It's true there has been of 
late years some ill management with respect to the 
Revenue and the expences of the Government, whereby 
a considerable debt has been contracted." Meanwhile 
the status of officers was as precarious as their fees were 
inadequate (621, 888). 

In sp * te ^ kis wise words, Ingoldesby appears to 
revoked, have done his best to follow in the footsteps of Lord 
Cornbury. Lady Lovelace's arrival with a tale of his 
high-handed treatment of her as the bearer of the late 
Governor's papers was followed by a new order revok- 
ing his Commission (711, 712, 714). 

mSr Robert Hunter, who had been appointed Governor of 
appointed Virginia, had been taken prisoner and carried into France 
^ 3 ^ 2g ^ Happily he was now chosen to succeed Lord 
Lovelace (721, v. 1). 

By his Instructions (924 i.) Dr. Staats and Robert 
Walters were res tored to the Council, William Peartree 



Governor. 



His 

instructions. 



xiv. PREFACE. 

.,' being removed for employing deserters from H.M. 

ships. His conduct and that of the Mayor of New 

York, a fellow-sinner, was to be enquired into (924 i., 

925, 928). 

Act/<w j n jvjew York, as in New Jersey and other Plantations, 

'ascertaining 

rates of the Act for ascertaining the rates of foreign coins re- 
mained practically a dead letter. It was so far pub- 
lickly ignored that the Assemblies of New York and New 
Jersey would not pass any "bill for money, but to be 
paid at the value it was before the said Act" (p. 414). 
The Governor, Council and Assembly of New York, 
indeed, addressed the Queen on the subject, and de- 
clared that the Province would be ruined if the Act were 

regulating' P ut m ^ orce ( 157 *) They therefore passed an Act 
com repealed, of their own fixing coin at the old rates. This Act 
was repealed (399). The Council of Trade pointed out 
that in passing it Lord Cornbury had acted in direct 
contradiction of his Instructions (375). Several other 
currency acts were repealed or held over for consider- 
ation for reasons given (879, 901). 

Privateers. xhe sea-going trade of the Province was much har- 
assed by privateers. Confidence was to some extent 
restored by the activity of H.M.S. Triton's prize (p. 14)-. 

New Jersey. r f he advent of Lord Lovelace was as welcome in New 
Jersey as New York. He opened an Assembly there 
upon Marcli 3rd, and his Instructions to enquire into their 
differences with the Governor and Council were grate- 
fully acknowledged in an Address to the Queen as an 
instance of H.M. justice and good will (64, 440). Lewis 
Morris had once more been restored to the Council (4, 
105 )- But when Ingoldesby, as Lt. Governor, took up 
the administration he promptly suspended him from 
the Council again, in accordance with the desires of the 
party which had supported Lord Cornbury (578, 819 

Commission xiii., 924 i.). Before his Commission was revoked in 
October (814), he had, at the expense of Lady Lovelace, 
accepted the salary which had been voted to the late 
Governor. 

In return for this salary he gave a free hand to the 
anti-Proprietary party in the Assembly. The action of 

Q cawid f a r tlie Assembly witn regard to the Quota for the Canada 

Expedition. Expedition has already been described ( 1). 



PREFACE. 



XXV. 



Governor 
Hunter's 

Instructions. 



The new 
Council. 



Act for 
regulating- 
Slaves. 



Accounts of 
1704-1706. 



Pennsyl- 
vania ; Penn 
and the Three 

Lower 

Counties. 

Refusal of 

Quota to 

Canada 

Expedition. 



The 

Assembly's 
claims and 
W. Penn. 



Acts repealed. 



Hunter, the new Governor, received special instruc- 
tions to enquire into the "heats and animosities between 
the Council and Assernbly," and to endeavour to recon- 
cile them. If he was unsuccessful in his attempts, he 
was to report upon the whole matter for H.M. further 
pleasure therein (921/924 i.). With this end in view 
the composition of his Council was the subject of careful 
consideration. In spite of the protests of the London 
Proprietors (819, 876), it was decided to retain those 
Members against whom complaint was made as "dis- 
turbers of the people" and supporters of Lord Cornbury 
to the prejudice of the Proprietors, and a Council was 
chosen which was intended to hold the balance between 
the opposing parties (921). 

The Act of 1704 for regulating slaves was repealed on 
the grounds that it inflicted inhuman penalties upon 
negroes '(778, 792). 

A statement of accounts of the Province, 1704-1706, 
was submitted by Mr. Fauconnier to Lord Lovelace (847, 
847 i.). 

Penn's Declaration with regard to the title to the 
Three Lower Counties is given (12, 12 i.). 

We have seen (1) that the Assembly of Pennsyl- 
vania refused on religious grounds, and in spite of the 
recommendation of the Lt. -Governor and Council, to 
raise money directly or indirectly for the expedition 
against Canada, or to take any measures for the defence 
of their own coasts (580). The extreme claims of the 
Assembly against which Lt. Governor Evans had de- 
claimed (Pref. to previous vol. p. xxxv.), are sketched 
by Col. Quary (888). The Secretary of the Province 
went home on purpose to urge Penn to resign the Gov- 
ernment, for things had "now come to that pass that 
in the opinion of all, the Proprietors must of necessity 
be forc'd to surrender this Governmt. into the Queen's 
hands" (888). 

The Council of Trade reported upon a collection of 
Laws passed by Lt. Governor Evans in 1705. Half a 
dozen of these were repealed as being unreasonable or 
repugnant to the laws of England (717, 790). At the 



PREFACE. 



Order in 
Council as to 
submission 

and 

re-enactment 
of Acts. 



Bounds of 
Pennsylvania 

and 
Maryland . 



Maryland ; 

The 
Assembly. 



A new 
Election. 



same time the Board drew attention to the awkward 
provision of the Charter by which the Proprietor was 
allowed five years in which to lay his Laws before the 
Crown, and the Crown only six months to consider and 
decide upon laws however many, when at length sub- 
mitted. They also recommended the passing of an Act 
of Allegiance (pp. 460, 461). An Order in Council was 
accordingly made by which Mr. Penn was recommended 
to endeavour to get such an Act passed, and to sub- 
mit all Acts for H.M. approbation "as soon as conveni- 
ently may be." A general order was added, that in the 
case of an Act disallowed upon account of some clause 
or clauses, but otherwise desirable, notice should be 
given to the Government of the Plantation concerned, so 
that the Assembly might re-enact it, if desired (791). 

The long-disputed boundaries of Pennsylvania gave 
rise to tension on the borders of Maryland and that Prov- 
ince (p. 252). Lord Baltimore and Mr. Penn were 
pressed by the Board of Trade to come to an agreement 
on that subject (115, 256). 

Lord Baltimore petitioned that the Order of Nov. 7, 
1685, might be revoked, alleging that it had been dis- 
honestly obtained by Penn (289, 289 i.-iii.). But upon 
a counter-petition from Penn, this application was dis- 
missed (334, 521, 596). 

The Assembly of Maryland met on 27th Sept. They 
refused to pass a law against the dissemination of false 
news, prepared by the Governor and Council and aimed 
at the Reman Catholics and Jacobites (290). Ignoring 
the business laid before them by Governor Seymour, 
they busied themselves about the legality of a Charter 
he had granted to Annapolis, and "ran into heats and 
divisions." Seymour therefore dissolved them. But 
most of the Delegates were returned at the new election 
(Nov. 29). The New Assembly were as stubborn as 
the old in resisting the claims of the Secretary, Sir T. 
Laurence; they contented themselves by addressing the 
Crown on that subject and the guage of hogsheads 
(290, 410). They revived the Militia Act and the Act 
for limiting officers' fees only to the end* of the next 
Sessions, "being very anxious to render those who are 
dependent on the Government as mean as may. be." 



PREFACE. xxvii. 

They would not provide for the itinerant Justices, for 
reasons given by Seymour (410). The effects of the 
Act for the advancement of natives, referred to in the 
previous volume (Pref. p. xli.), are reiterated here (p. 
250). To this Act, to the Roman Catholics, and to the 
ambition and large jurisdiction of the County Court 
Justices, Seymour attributes the difficulties of his Gov- 
ernment (p. 250). 

Acts /or relief Two Acts were passed which were intended to relieve 
' planters suffering from the effects of the depression in 
the tobacco trade. That for the relief of debtors was 
denounced as injurious to European merchants as well 
as to inhabitants of Maryland, and as calculated to dry 
up the fountain of credit, "whereby the trade of that 
Province will greatly suffer." It was therefore repealed 
(290, 745, 773, 795). 

fl 'i "damn's Similarly, an Act for lessening damages on protested 
a*Bitttf bills of exchange, and the Act for establishing ports and 
Exc &y ; towns were repealed, as unjust to creditors and mer- 
for erecting chants (745, 880, 904, 905). 

ports and 

towns 
repealed. 

Roman Seymour took a census of the Roman Catholics in the 

Catholics and _ . . . ... . . , .. .... 

the Province (131 in.). He observes that they were hoping 

Pretender. Qr ^ Q success of the Pretender, of whose attempt they 

had information long before those not in the secret (131). 

Death of He died on 30th July, 1709, after a long illness (707). 

Governor 
Seymour. 

Col. Quary's Col. Quary, in a letter dated four months later, attri- 
Report. j.j ut:es the divisions of the Province to the ill-conduct of 
the Governor. He gives a summary of events following 
upon his death. He describes how he urged the Presi- 
dent and Council not to make a Sessions, but to await 
the arrival of a new Governor. They, however, struck a 
bargain with the Assembly, and proceeded to pass sev- 
. eral Acts (888). 

' Rhode Island gained credit for its readiness to take "its 
share in the Canada Expedition. But it retained its 
bad name as an emporium for illegal trade: "Tis a place 
where all roguerys are committed, and great quantitys 
of goods from Portugall are landed there, and so con- 
vey'd to severall parts" (268). 



xxviii. PREFACE. 

Acts to be In the course of a reply to the queries of the Board 
of Trade, it is noted that the Acts of the Colony are about 
to be printed (230). 

di ir Hunter When the new Governor, Col. Robert Hunter, at last 
a prisoner se t sail for Virginia, he was captured by a French priva- 

in France. . , ... r _ , A i^^s 

teer and carried prisoner to France (Aug. 1707). 
Grants out of the Quit-rents were made on account of 
his salary and loss of equipment (137, 295). Exchanged 
at length for the French Bishop of Quebec, he was ap- 
Orkne/ pointed Governor of New York upon his return to Eng- 
Govemor. land (121). The Commission of the Earl of Orkney as 
Governor of Virginia was once more renewed (897, 926). 
Whilst awaiting the advent of a Lt. Governor, the coun- 
try continued to be efficiently administered by the Presi- 
dent of the Council, Edmund Jenings. In the autumn 
of 1709 he was able to report that the country was in 
perfect peace and quiet, in spite of a prolonged drought 
which had involved a shortage and necessitated an em- 
A general bargo upon the exportation of grain. A general Fast 
was appointed in the spring, for intercession on account 
of a "dangerous pestilential distemper, which continues 
to rage to the great consternation of all" (137, 765, 765 
ii.). 

Reversion to Amongst the Instructions prepared for Governor Hun- 
Old gra e nting 0f ter > was one directing him to revert to the old method 
lands. O f granting lands (285, 297, 346 L). This was in accord- 
ance with the representation of the Council of Virginia 
(765, p. 161). 

Act for ^ ^ ar tne y i ews f tne Colonists were considered. But 
settling towns the Act for settling towns and ports was repealed, when 
'repealed! the Commissioners of Customs reported that it might 
lead to the development of woollen and other manufac- 
tures and distract the planters from growing tobacco 
(661, 883, 906). 

viticulture. Mr. Robert Beverley's experiments in viticulture upon 
the highlands of Virginia were the subject o'f great in- 
terest in the country (932). 

Swiss An allotment of lands was ordered for the settlement 

of Swiss Protestant Refugees on Potomac River (601, 
652, 697, 724). 

Privateers The trade of Virginia suffered severely from enemy 
privateers. Almost every small vessel, inward or out- 



PREFACE. 



xxx. 



A raid by 



Indians. 



Boundary 
Commission. 



ward bound, was intercepted. One merchantman was 
even chased from his anchors at the mouth of York 
River. The shoal waters at the mouths of the rivers 
enabled privateer sloops of light draught to operate 
within the Capes and in sight, but out of gun-shot, of 
H.M. ships of war, which were too bulky to follow them 
(pp. 96, 162). In response to urgent appeals, and in 
spite of the many pressing calls upon the Navy, the Ad- 
miralty ordered a sloop to be bought in New England, 
which would be able to defend the shallow seas in com- 
bination with a regular guardship (254, 421, 608, 668). 

Emboldened by the success which had hitherto at- 
tended them in the Virginian Rivers, French privateers 
were reported to be preparing a raid in force in the 
spring of 1709. Successful dispositions of the Fleet had 
driven them from the Channel and English coasts. 
They now sought the least well-defended shores of 
America. The moment selected was when the men of 
war had returned home as convoy of the merchant fleet. 
There was great consternation in Virginia. Such meas- 
ures of defence as were possible in the absence of a naval 
force were taken by Col. Jenings. 

The Militia and watches were organised on land, and 
a brigantine commissioned. 

These preparations sufficed to damp the ardour of the 
privateers, who turned away to plunder the coast towns 
of the neighbours on either side (421, 571). 

Pressure was put upon the Tuscoruro Indians, sus- 
pected of a murder in the previous year, by the pro- 
hibition of trade with them. The Saponies, returning 
from a migration to the West, were taken under the 
protection of the Dominion and settled upon Maherine 
River (p. 97). 

Commissioners were ordered to be appointed, and to 

be paid OUt of H.M. Revenue, for Settling the long- 

disputed boundary question with Carolina (285, 297, 434, 
435). 

Another serious difference had arisen over the treat- 
ment of Virginian Indian traders by that neighbour- 
ing Colony. A duty, stated by the one side to be small 
and by the other to be prohibitive, was laid by the Gov- 
ernment of Carolina upon skins exported from that prov- 



xxx. PREFACE. 

ince. This was applied to goods in transit to Virginia 
in the course of trade with the Southern and Western 
Indians. It was from this profitable trade that the 
greater part of the revenues of the College of William 
and Mary were derived. With those Indians Virginia 
had traded "before the name of Carolina was known." 
To enforce payment of the duty, some skins belonging 
to Virginian traders were seized. It was suggested by 
the Virginians that Carolina aimed at engrossing the fur 
trade. The Council of Trade reported that it ought 
to be left open to Virginia (216, 216 i., ii., 682, 716, 750, 
765). 

Quakers and "Great commotfons" are reported from North Caro- 

^North 18 lina > wnere > it: is said. tne Quakers, had set the country 
Carolina. i n a flame and everybody but themselves in arms (p. 98). 

Neighbouring * n tne course of their replies to the queries of 
Indians, the Board, the Government of Carolina describe their 
relations with the neighbouring Indians, and also the for- 
tifications of Charlestown. They ask to be supplied 
with guns and ammunition, "which is all we want to 
make Carolina impregnable" (739). 
Projected Warning was sent from Bermuda of a projected at- 

FreSand tack by French and Spaniards from Vera Cruz (411, 

Spaniards. 411 j ^ jj ) 

Naime's A survey of the relations between Carolina and the 

report. French at Mobile, and of the Indians on either side was 

communicated to the Secretary of State by Thomas 

Nairne (622). The writer proposed the settlement of a 

new Colony near the Mississippi. In a curious passage 

he refers to the high prices given to friend Indians by 

English traders for Indian slaves, and observes "Some 

think it both serves to lessen their numbers before the 

Indian slave French can arm them, and it is a more effectual! way of 

Trade. civilising and instructing, then all the efforts used by 

the French missionaries" (p. 422). 

Nairne was a severe critic of the Governor, Sir Na- 
thaniel Johnson. His administration he regarded as 
destructive of the welfare of the Colony. He soon had 
to suffer for his opposition. Abuses in this Indian Slave 
trade, in which the Governor was suspected of having a 
share, led to the passing of an Act intended to rectify 
them. By this Act Nairne was appointed as an itiner- 
ant magistrate to do justice as between the Indians and 



PREFACE. 



Charges 

against 

Governor 

Johnson. 



Bahama 

Islands. 



traders. "This was a peice of magistracy exposed me 
at once to the hatred of the Governor and traders." He 
was clapped into gaol on a trumped up charge, and re- 
fused bail (662). 

Johnson is accused of arbitrary management of the 
Law, and also of having granted a commission as priva- 
teer to a well-known pirate (662, 831 ii.). 

Illegal trade with Portugal is reported (257, 268, 284). 
Coi. Edward In the mean time Col. Edward Tynte had been ap- 
Governor. pointed Governor. Amongst his instructions was one in 
which he was particularly directed to protect the Indians 
and to cultivate their friendship (424). 

3 

THE WEST INDIES. 
(See also preceding Sections}. 

The Bahama Islands were practically derelict. Ameri- 
can traders found their passage to the Gulf of Florida 
and the Continent generally was menaced by the threat- 
ened settlement of Spaniards there. They petitioned 
that those Islands might be resumed to the Crown and 
New Providence fortified (270 i.). At present, the few 
remaining inhabitants were exposed to raids by French 
and Spanish privateers, some of whom tortured men and 
women alike with the most frightful cruelty in order to 
force them to reveal their hidden property (176 i., 270 i., 
448, 472). The Council of Trade once more called the 
attention of Ministers to the neglect of the Proprietors 
and repeated the arguments for resuming the Islands to 
the Crown. In the mean time they urged the dispatch 
of a Military Governor with a Royal Commission and a 
Company of Foot, to prevent them falling into the hands 
of the enemy, and to repair the Fort (340, 344). Orders 
were presently sent to the Governors of New England, 
New York and Virginia "to use their best endeavours to 
recover" the Islands from the enemy, and to use H.M. 
ships upon their coast for that purpose (658. v. supra, 
p. x.) 

Ignoring such warnings as the reprimand for his dis- 
pensing Mr. Holder from the judgment passed against 
him by an Act of the Legislature (88, and cf. Pref. to 
previous vol. p. xlvii.), Mitford Crowe continued his 



Barbados. 
Crowe's mis- 



xxxii. PREFACE. 

career of arbitrary and corrupt government. In August, 
1708 three Members of the Council of Barbados William 
Sharpe, Alexander Walker and the Rev. Samuel Beres- 
ford presented to him in Council a detailed protest 
against his irregular procedure in the Courts and his 
general misgovernment (126, 126 i.). Crowe waited till 
the packet had sailed, and then suspended them (156, 
178, 179). 

^he U Three S ^ cnar S es so serious he made no haste to reply, but 
Councillors, contented himself with dispatching an Address of the 
Assembly in his favour an Address, the three Coun- 
cillors complain, passed without investigation upon an 
imperfect abstract of their representation (96 i., 126, 141 
iii.). 
Reply to Over two months elapsed before he dispatched his 

their cnarfirBS 

defence (180, 180 ii-viii.). Meantime, the Council of 
Trade had censured his delay, and an immediate answer, 
with depositions on either side, had been ordered (210, 
224 i., 248, 267). But whilst the hearing of the case 
brought against the Governor was thus delayed, his sus- 
pension of the Three Councillors was promptly revoked. 
The Three Their procedure had been correct and their language 

Councillors ri 111 t -, r ir 

restored, careful. It would be an evil precedent if, merely for 
making a complaint, Councillors were to be suspended, 
"for thereby the Governor will be left without any sort 
of cheque in the administration of Government" (352 i., 
356, 370). 

Crowe and In their Address (96 i., 141 iii.), the Assembly had 
nbly enumerated certain grievances arising out of the mal- 
administration of Sir B. Granville, upon whom they 
threw the blame for the difficulties still felt from the issue 
of the paper money. Crowe w r as ordered to attend to 
these grievances (248). But the faction in the Assem- 
bly which had at first intended to oppose him, had by this 
time resolved to make use of him as their tool. His as- 
sumption of the dispensing power had given them a 
hold over him (126 i., 156). Contrary to the Instruc- 
tions which forbade Governors to accept any presents, 
Crowe had already received several votes of money "500 
for furnishing his cellars," and so forth (248, 583 xi., 895). 
A New Paper A new method was now devised for evading this In- 
Act< struction (156). The Three Councillors had protested 



PREFACE. xxxiii. 

against the introduction of a new Paper Act, which, as 
they alleged, was about to be proposed, to the utter 
ruin of the country (p. 85). The Assembly had denied 
that any such thing was contemplated (p. 99). Yet al- 
most immediately afterwards a bill for a new issue of 
paper money was brought in. The Three Councillors 
pointed out that this was simply a device intended to en- 
rich the Governor, Treasurer and others in the secret at 
the expence of the taxpayer and the credit of the coun- 
try (156). The inhabitants of Bridgetown protested 
against the bill. 

But it was passed none the less; and the protestants 
were rewarded by being taxed four times more heavily 
than ever before (583 xiii.). The Assembly then ex- 
pired, but in order to secure their re-election, the Repre- 
sentatives took care not to vote the sums needed for 
carrying on the Government of the Country (396). 
Delay in The new Assembly met in May, 1709, and passed an 

restoring the . . t . . -i Xi r i 

Councillors. Address protesting against the Order for restoring the 
Three Councillors (502, 513 iv.). Crowe delayed obey- 
ing the Order. There were several causes, in which 
he was himself concerned, which awaited determination 
in Council. There were votes for presents to himself, 
and for carrying on the campaign against the Three, 
which had to be passed before they were admitted. 
An address in their favour, presented by Col. Christo- 
pher Codrington, was therefore received with an outburst 
of "scurrilous Billingsgate language" (p. 229), and 
Crowe wrote to the Council of Trade that he dared not 
re-admit them, for fear of a riot (513). But he lost no 
time in turning out 15 Justices of the Peace, without the 
consent of the Council and contrary to an Act passed by 
himself. They were those to whom the Three Coun- 
cillors might have been expected to apply for the taking 
of depositions in support of their complaints against him 
(583 ii.). 

Crowe He was twice sternly called to order and bidden to 

reprimanded. obey the Q ueen ' s commands (618, 677). He was in- 

Briber and vo ^ vec i i n niany lawsuits in connection with his wife's 

Corruption, property, and was accused of sitting as Judge in his own 

cases, and of arbitrary and corrupt interference with the 

process of the law when prompted by bribes offered to 

himself or his wife (583 xiv. ff). 



XXXI V. 



PREFACE. 



Crowe 
recalled. 



Presents of 
citron-water. 



Act for 

appointing 

Agetits 

repealed. 



Patent 
Offices. 



and restored, 



The Judge to whom Crowe had referred his own case 
was removed (651, 664, 681). In spite of the rebuke 
of the Council of Trade, he exacted from the Naval 
Officer yet another payment on account of his office, and 
was said to have permitted a sloop to sail which was 
under seizure for illegal trade (583 ii.). 

Finally he was recalled, to answer these complaints 
before the Queen in Council (694, 696, 764), as well as a 
serious double charge of indecent assault and. abuse of 
his powers as Governor preferred against him by John 
Sober (653, 700, 723). 

There are several references to the dispatch of dozens 
of citron water as presents to England (124, 248, p. 100. 
cf. 183, 487). 

The Act for appointing Agents was repealed (861). 
The reasons are given in a careful report by the Council 
of Trade (837), together with a history of the claim of the 
Assembly to the right of nominating agents to solicite 
their affairs in England, exclusive of the Governor and 
Council. If that claim were admitted, they contend, it 
would create "jealousies and divisions in the several 
parts of the Legislature," whilst the Governor and Coun- 
cil would be led to appoint distinct agencies of their own 
a system which would result in inevitable confusion. 
The Governor had done wrong in passing such an Act 
(837). 

Complaints were made of encroachments upon the 
rights and perquisites of patent offices by several new 
laws (326). Directions were given for the repeal of the 
Acts complained of, and the Governor was instructed to 
protect the place-holders (568, 582). The Assembly re- 
plied, claiming an ancient right and privilege, and de- 
claring that the appointment of all Marshals by the 
Provost Marshal General led to extortion and abuse 
(857 i.). 

Another holder of a patent office, Alexander Skene, 
the Secretary, was convicted of bribery and extortion 
and dismissed from his post (29, 97). But he promptly 
petitioned for, and was granted a rehearing of his case 
(140). Some extenuating circumstances were now ad- 
mitted, and he was restored, on the assumption that he 
had been punished enough and had learned his lesson 
(369, 482). 



PREFACE. 

Lists of Long lists of baptisms, burials and causes in the 

Baptisms, < i / n \ 

Burials and Courts are indicated (96 n., in.). 

Causes. 

s^TimSnt Dominica was included in the Government of Bar- 

sta. Lucia bados. From that island came an Indian chieftain to 
visit the Governor. The English title to the Island, as 
well as to St. Vincent, Sta. Lucia, and Tobago, was 
stated. The allegiance of those islands, Crowe declared, 
was firm; but they are described as nests of cannibals 
and runaway negroes, whose cruelties were encouraged 
by the French (396, 539, 554 i., 709). 

^ha^Si' Bermuda had an uneventful year. But a petition for 

economical the removal of the restriction of loading and unloading 
vessels to St. George's, points to the changed economi- 
cal circumstances of the Island. The virginal richness 
of the soil having been exhausted, tobacco could no 
longer be grown, and the industry of the place turned to 
the production and export of salt, cabbages and onions 
(231, 231 iv.). 

The case of The feud between the Governor and the Secretary, 

tary ' Edward Jones, continued. A petition for the removal of 

the latter was referred for consideration (231, 231 iii., 

643 etc.}. The Governor complained that his corres- 

pondence was intercepted and tampered with (389). 

An epidemic Jamaica suffered much from an epidemic, the symp- 
toms of which are described (227, 649, 912). 

Councillors In accordance with the Act for settling the trade to 
Factorsof the Africa, directions were sent for the removal of such 



Councillors as refused to resign their agencies for the 
African Company (444, 453, 466, 912 etc.). 
The Governor Governor Handasyd received a reprimand for his 

and Escheats, , 

etc. management of lands escheated to the Crown, in the 

form of an Additional Instruction (67 i.). He com- 

plains of several other checks from home. But after he 

TotSaie ^d sus pended the firebrand Totterdale who was play- 

ing the popular part of opposing the authority of the 

Crown, he was able to announce that he was now on 

The Assembly better terms with the Assembly than at any previous 

time during his Government (451, p. 102). They voted 
some arrears and revenue, and renewed the Quartering 
Act (451). 



xxxv. 



PREFACE. 



Handasyd 
ap reiieved. 



Rumours of 

by th.6 

French. 



Defence, 



Spaniards, 



A rich 
avoy ' 



Act for 



repealed, 
Leeward 

A l8 <Snerai 

Assembly 

contemplated 



For himself, and for his regiment, he again repeatedly 
applied to be relieved. According to the promise held 
out by Royal Proclamation, the relief of the Regiment 
was already four years overdue. It had suffered se- 
verely from sickness and fatigue, as well as from losses 
in action. For the lack of sailors in the Naval Squadron 
compelled the ships of war. as we have said above, to rely 
upon soldiers for a third part of their complement (227, 
339, 451, 542, 912). 

There were several reports that an attack by the 
French was imminent (171/227). With the Regiment 
thus depleted and three out of the five men of war left 
by Admiral Wager, when he sailed, practically useless for 
want of crews, the Island was in a somewhat parlous 
state of defence (720). Handasyd saw to the repair of 
the fortifications, and began a new line for guns at Port 
Royal (542). 

Attempts to trade with the Spaniards on the coast were 
persevered in, but without much success. The Spani- 
ards said they had no money with which to buy British 
manufactures (542 etc.}, and the action of the Jamaican 
privateers, referred to above, who did not distinguish 
between French and Spanish ships, did much to check 
commercial intercourse (100). The Council of Trade 
urged the Governor to see that the clause in the Act for 
the encouragement of trade to America, whereby pro- 
vision was made for trading with the Spaniards, was 
enforced. Further legislation was contemplated with 
that object in view (100, 111, 474). 

Trade and privateering together brought riches to 
Jamaica. We read of a convoy sailing with 200,000 
sterling in bullion on board (142). 

The Act for further quieting of possessions was re- 
pealed, with an intimation that if an amended Act were 
passed it would receive the Royal assent (834, 858). 

Writing from the Leeward Islands at the beginning 
^ t ^ s P 6 " ** Governor Parke explains that he cannot 
call a General Assembly of the Four Islands until he has 
a man o f war at ^is disposal (5). But in Nov. 1709, in 
order to avoid the impasse with Antigua and the claim 
of the Assembly of that Island to the negative voice, he 
announces his intention of summoning a General As- 
sembly to make laws for the whole Government (873). 



PREFACE. 



xxxvi. 



Leeward Whilst in Barbados the Governor sided with the As- 

Islands. . , . , _ ., 

Governor sembly against the Council, in Antigua the Assembly 
S^SyS 6 entered u P n a quarrel with the Governor arid Council. 

Antigua. According to Parke, Col. Codrington is the villain of the 
piece. Stimulated by him and his party, the Assembly 
brought in a bill of privileges, by which they claimed to 
act as a Court of Judicature, and to fine and imprison 
anybody who reflected upon their House. They also de- 
nied the Crown the right of the negative voice. This they 
claimed for their Speaker. They offered to give the 
Governor a handsome present and his house rent if he 
would pass the laws they desired, and sacrifice the 
Queen's Prerogative. Otherwise, he would receive no- 
thing. "None of these Govermrients give something 
for nothing" he observes, and urges that, to secure their 
independence, Governors should be paid a fixed and 
sufficient salary by the Crown and receive nothing from 
the inhabitants (5, 117, 117 i.). As for the Assembly, 
he offered them all the privileges of the House of Com- 
mons, "but they are for the privileges of the Lords, and 
the Queen's Prerogative too" (487). 

Codrington's Parke suggests some of the motives which actuated 

Party. Codrington and his party, and explains the dilemma in 

which it was intended to place him (116, 117). They 

were determined, he says, to get him removed from the 

Government; and so much, indeed, is evident. His 

Their chief offence, he says, in their eyes was that he upheld 

intrigues and i .-> * i-> -t -i 1 1 i t / 

bribery, the Royal Prerogative and put down illegal trade (pp. 

105, 106, 137). Also, as a champion of the smallholders 

against the large landowners, he has brought a wasps' 

nest about his ears (182). Certainly, the charges 

Complaints brought against him show extreme vindictiveness and 

pSe* are frequently frivolous and ill-founded. 

First series of Upon the first batch of complaints against Parke, the 

against Council of Trade accepted his explanations and the 

Beared ?nd is A( ^^ resses f tne Lt. Governors and Councils of Antigua 

commended, and St. Kitts in his favour. They found not only that 

he had completely cleared himself, but also that he 'de- 

served commendation for his zeal for H.M. service and 

his great care for the good and security of the Islands 

under his Government (91, 116, 116 i.-ii., 193, 194 ii., 

367, 381). 

Wt. 11522. CPf, 



xxxvm. PREFACE. 

second.and A few weeks later, March, 1709, a whole series of corn- 
Third Series. . . , . ' . 

plaints against him were secretly brought home by Mr. 
Nivine (443 i.-iii., 459 i., 465 i., 484). They taxed him 
with tyrannous and corrupt maladministration. The 
charges were got together in a clandestine manner by 
Codrington's party, and signatures obtained to them in 
most re P renens ibl e fashion. Both the Governor 
and Council were kept in ignorance of their nature (116 
i., ii., pp. 76, 104) 

Parke's reply. F or Parke's reply in detail, and that of the Council 
on his behalf, we must turn to Nos. 532, 589 i., 597 i. 
He asked leave to return home and answer the charges in 
person (488, 597). Some of them, even after they had 
been combed and edited by Codrington, would appear 
to have been frivolous or malicious misrepresentations. 
But they bear witness to the heated feelings of the people 
(532). Parke says that the principle of his opponents 
was to throw enough dirt in the hope that some would 
stick, but that they did not really rely upon their arti- 
cles. In Antigua a riot was organised in the hopes of 
making his position intolerable (Nos. 183, 487, p. 107). 

Presents sent For home consumption, 5000 was subscribed "to 
bribe me out" (pp. 105, 106), besides "a vast quantity of 
citron water." In fact, Col. Codrington had bought 
up all the citron water in Barbados, and Parke himself 
had difficulty in obtaining any when, in his turn, ihe 
wished to make a present to Mr. Secretary Boyle! (183, 
487). 

illegal Trade. This money and these presents were subscribed by 
people like Codrington, Hodges, the Lieutenant Gov- 
ernor of Montserrat, Chester and others, who had good 
reasons for getting rid of him. Codrington, whose patron 
was Lord Peterborough, whilst Parke's was Marlbor- 
ough (852), wanted the Government for himself; he 
objected to Parke's enquiries into his title to Barbuda; 
and feared his making him refund monies due for prizes 
taken under his administration (116). 

Everybody who was implicated in illegal trade with 
Guadeloupe and Curagao was ready to pay heavily to 
get rid of a 'Governor who took pains to prevent it. By 
such trade "old Codrington got all his estate" (pp. 105, 
106); Hodges and Chester were deeply concerned in it; 



PREFACE. xxxix. 

whilst Col. Johnson, the late Lt. Governor of Antigua, 
had openly suffered it. As for stopping it, that was not 
easy for a Governor left without privateers and often 
without a man of .war (192, 193, 487). 

It is to be observed that one of the charges against 
Parke himself is that he traded with the French and with 
Curacao by means of flags of truce. His own account 
of those transactions is not convincing (p. 77). 

He sent home addresses which he claimed proved 
that three but of the four Islands esteemed him a good 
Governor, and was able to assert that in all his public 
transactions he had had the support of the Councils 
(487, 488). 

Complaints Complaints, however, against his exactions and un- 
st f Kitt's bridled behaviour came also from St. Kitts (625, 626). 
Replies Upon the whole matter, replies and evidence by both 
called for. sides were or d re d (630). 

HM One of Parke's enemies was the Colonel of the Regi- 

Regimentin me nt stationed in the Leeward Islands. Parke com- 
isiands. plained of his absenteeism, and that of the officers, and of 
the neglect of the soldiers' clothing and pay. The Coun- 
cil of Trade represented the necessity of their return to 
duty. The Islanders, though very anxious for their 
protection, refused to pay for their quartering (5, 191, 
487). 

Attempt to Nivine's complaints were to be heard on Sept. 26th, 
e 1709 ( 730 )- But before that date arrived, an attempt 
was made to assassinate Parke in Antigua. Disap- 
pointment caused by the delay through Nivine being 
carried prisoner into France had already led to an at- 
tempt to shoot the Governor in the previous year. Dis- 
appointment on hearing that Parke was to have liberty 
to answer the charges brought against him, led now to 
another attempt. A runaway negro was put up to shoot 
him from behind a hedge at night. His horse, start- 
ing at the flash of the gun, saved his life. The bullet 
pierced his arm. The negro and the principal con- 
spirators were spirited off the Island (741, 852). What- 
ever Parke's faults of conduct and temper may have 
been and his correspondence reveals him as arrogant, 
hot-headed, high-handed and unrestrained in speech 
several incidents show that he had to deal with a violent 



xl. PREFACE. 

and unruly population. In view of the crime which 
was shortly to occur, it has to be remembered that Lt. 
Governor Johnson also was murdered, and his murderer 
went unhanged. The Provost Marshal was forced to 
fight several duels before he could perform his duty 
unmolested. The Chief Justice himself is described as 
no lawyer, but one who had murdered an unarmed man 
and been pardoned by Codrington. "There never was 
any inhabitant that ever I heard of brought in guilty 
of murther"; says Parke, "There was a merchant once 
they did bring in guilty, the reason they gave, he had 
sold his goods too dear" ,(150, 182, pp. 310, 311, 387). The 
unwillingness of the inhabitants to convict any of their 
fellow-planters for crime or debt was, in -fact, according 
to Parke, one of the chief causes of the trouble between 
him and them. An instance of this was the murder by 
Chester of one Sawyer, who met with the fate of Mr. 
Bardell. Chester was acquitted by a packed jury. 
Parke's interference on this occasion was made the 
grounds of one of the articles exhibited against him 
(p. 310). Another grievance, he declares, was his hold- 
ing of Courts. The Islanders' idea of justice was that 
nobody outside of the Island must be allowed to recover 
a debt (p. 107). Their law for establishing Courts was 
skilfully adapted to this end. Parke's vigorous criti- 
cism of this Act was endorsed by the Attorney General, 
and the Act was repealed (25, 84, 99, 182, 250, 264, 269, p. 

repealed. 385). 

Elections of The rejection of the bill for ascertaining the elections 
e tives" a f Representatives was approved by the Council of 
Antigua. Trade; but in reference to the case of an Assemblyman 
whom Governor Parke had refused to swear on the 
ground that he was not a freeholder, the Board ob- 
served that the Assembly was the proper judge of the 
qualifications of its own members, and that, where 
there was no law to direct in any particular case, it would 
be safest for him "to follow the antient custom of the 
Island" (245). 

Minutes of The blame for delay in sending home the Minutes 

C As a sembiy d of Council, Parke throws upon the shoulders of the 

Secretaries of the several Islands (pp. 3, 5, 311, 368). 

One of these was the Deputy of Sir Charles Hedges, 






PREFACE. xli. 

Parke has some pertinent observations on the inconveni- 
ence of Patent Offices (v. supra}. As 'for the Minutes 
of the Assembly of Antigua, not only were they very 
irregularly kept, but the Assembly refused to allow 
copies to be supplied to the Governor (487). 
Nevis ; j n Nevis, the planters 'finding themselves in desperate 

attempts at a ' 

Moratorium, straits after the raid and hurricane, endeavoured to adopt 
desperate remedies. They brought in a bill for estab- 
lishing a moratorium and shutting up the Courts of 
Law for three years. Governor Parke refused to pass 
it, and was commended by the Council of Trade for so 
doing (187, 188, 209). 

The grant in To relieve the distress of the sufferers from the raid 
ami st. Kilts. an d hurricane at Nevis and St. Kitts a grant of pro- 
visions and building materials was despatched from 
home. Strict directions were given for securing an 
equal distribution of this bounty, and reference made to 
the suspicion that there had been embezzlement of some 
of the former grant of provisions (127, 130). 

French'part ^ n y i ew ^ tne Peace Negotiations, the importance of 
of st. Kitts retaining that part of St. Kitts which had been captured 
from the French was strongly urged. Attention was 
a l so called to the unhappy fate of the hostages .taken 
from St. Kitts by Iberville (534, 546, 547, 554 i.). 

In N V ' 1709 > nCWS Came f the ca pture of St. EuS- 

French. tatia by some French privateers, when an attack upon 

the Leeward Islands seemed probable (865, 873). 
Newfound- A Custom House Officer for Newfoundland was ap- 

land : Custom i . . , -, ? i 

House office pointed in Aug. 1708, in the hopes of preventing illegal 
appointed. tr ade wnen a Court of Admiralty should be established 

there (119). 

a^SSvor Some complaints were lodged against Major Lloyd. 
Lloyd. He was charged with hiring soldiers out to work and 
robbing them of their pay, and of treating the inhabi- 
tants like slaves. The Commodore, however, upon en- 
quiry found that these complaints were not justified (158, 
158 i.-xx., 223, 911 ix.). 

Major Lioyd After the departure of the fishing fleet and convoy, 
security e f Major Lloyd reported, Nov. 1708, that about 700 in- 
st. Johns, habitants we re going to pass the winter under the pro- 
tection of the forts in St. Johns. He had strengthened 
the forces under his command by enlisting some soldiers 



xlii. PREFACE. 

on the spot. Placentia was reported to be weak, and 
weakly garrisoned. So good was the position, that no 
danger from the French was to be apprehended. "If 
the enemy hurt us this year, I'le allow ye fault to be 
laid to my charge" (152, 158, 195, 195 ii., 859 iv., 890 ii., 
v., vi.). 

s^jSuw! F i ye wee ks later St. Johns was surprised and captured 
by a force of 160 Frenchmen from Placentia under the 
command of M. St. Ovide de Brouillan (Dec. 21st, 
1708). Lloyd was carried as prisoner of war to Placentia 
( 345 )- Th e first account of the affair reached White- 
bilit y- hall at the beginning of February (348). It definitely 
suggested treachery on the part of Major Lloyd. De- 
tailed accounts arrived later (890 ii.-ix., 911 ix.). They 
establish the negligence of Lloyd, if not his cowardice 
and treason. In a cryptic letter he suggests treachery 
elsewhere (890 ix.). 

Attacks upon Ferryland and the Isle of Boys were suc- 
andthe cessfully resisted by the inhabitants (859 i., 890 ii.). 

Isle of Boys 
repulsed. 

Defences of The French demolished the Castle and Old Fort at 

demolished- St. Johns, and removed the guns. The inhabitants were 
held to ransom by Brouillan, and hostages taken to 
Placentia. Their treatment is described (859 i., 890 ii.- 
iv.). 

Reports upon Commodore Mitchell made his report upon the Fish- 
hery ' ery in 1708 (223 i.-xv.). Owing to the capture of St. 
Johns, no full report was to be expected in 1709 (567). 
But Commodore Taylor sent in a report which shows 
that the number of quintals of fish made fell from 
Old Fort 135,934 to 90,364 (859 ii., 223 iv., 890 iii.). He persuaded 
the inhabitants of St. Johns, Quidi Vidi and Petty Har- 
bour to rebuild their winter houses in the Old Fort, which 
he reconstructed with the aid of sailors from H.M.S. 
Litchfield and Rye and the fishing ships, mounting eight 
guns upon it (859 i., 922). This was done in response 
to a petition from the Fishing Admirals (890 vii.J. He 
also left a store of provisions against the winter. 

John Collins Before leaving, Commodore Taylor commissioned 
John Collins to act as Governor in his absence, and other 

Commodore, officers to act as Governors in the several harbours. They 
were all first chosen by the inhabitants themselves (756, 
859 i., 911 xv.). 



PREFACE. 



xliii. 



report. 



Expedition The reduction of Newfoundland was part of the plan 
Newfound- laid for the Expedition which came to naught, and is 
land. referred to supra 1. Col. Moody, who had been sent 
out to St. Johns with stores of arms and provisions, 
put the case of Newfoundland before the Council of 
Coi. Moody's War at Rehoboth (602-4, 794 i., 922 i., ii.). He reported 
that he had settled about 900 men with their families 
upon the islands about St. Johns, and prevailed with 
them to abide there for the winter. But they expressed 
their intention of abandoning the country unless a strong 
fort and garrison were established to protect them and 
their trade (922). 

The British claim to Newfoundland is given at length 
(554 i.). 



The British 
claim. 



CECIL HEADLAM. 



The documents calendared in the following pages are included 
in the volumes preserved at the Public Record Office and listed 
as follows: 

C.O. 5, 3. 5, 9. 5, 10. 5, 11. 5, 189. 5, 210. 5, 289. 5, 306. 
5,382. 5,716. 5,717. 5,720. 5,727. 5,751. 5,864. 5,865. 
5,898. 5,912. 5,913. 5,970. 5,994. 5,995. 5,1049. 5,1084. 
5, 1091, 5, 1121. 5, 1122. 5, 1234. 5, 1264. 5, 1292. 5, 1316. 
5, 1362. 5, 1363. 7, 1. 28, 11. 28, 12. 28, 13. 28, 38. 28, 43. 
29, 11. 29, 12. 33, 15. 37, 8. 37, 9. 38, 6. 116, 20. 134, 2. 
134, 3. 135, 3. 137, 8. 137, 41. 137, 45. 137, 51. 138, 12. 
138, 13. 152, 7. 152, 8. 152, 9. 152, 39. 152, 42. 153, 10. 
153, 11. 194, 4. 194, 22. 195, 5. 253, 1. 285, 2. 318, 3. 
319, 1. 323, 6. 323, 7. 324, 9. 388, 11. 388, 12. 388, 76. 
389, 6, 389, 20. 389, 21. 389, 36. S.P. Naval, 7. 



COLONIAL PAPERS. 



ADDENDA: JUNE, 1708. 



1708 
Juno 16. 
Whitehall. 



Juno 16. 

Boston. 



1. W. Popple, jr., to Mr. Lowndes. Encloses estimate for 
transporting German refugees to New York etc. (June 7), to 
which the Council of Trade and Plantations have no objection. 
But Mr. Perry having informed them that if a Virginia ship 
cou'd be found that wou'd drop them at New York, it would 
be much the cheaper way, and might come to 250 instead 
of 333, they have desired him to endeavour to find .such a 
ship, and to bring terms to-morrow, which shall be transmitted 
to you. Their Lordships propose that the tools and money for 
subsistance be committed to the care of the Lord Lovelace 
to issue from time to time. [C.O. 5, 1121. pp. 264-266.] 

2. Lt Governor Usher to the Council of Trade and Planta- 
tions. Since mine by ye mast ships [see June 28, 1708], have 
bin in the province of New Hampshire, find H.E. taken care 
to putt the fourtt into a good condition for defence, whereas 
butt 8 men formerly, now 20 men belonging to the ffourtt.. 
H.E. hath taken care getting an actt pastt for preserveing trees 
[see June 1st and 28] fitt for H.M. Navy, wish in ye Actt/ 
care had bin taken for a nursery. Unexpectedly we have bin 
preserved from insults of ye enemy. Repeats part of June 28, 
1708. In Province, doe say country nott willing to contribute 
for Mr Walderen's case, the Representatives have raised money 
and ordered itt outt of Treasury. The Treasurer acquaintts that 
250 apointed by Representatives was advanced, and in en- 
closed Minuitt Councill more mony for Agency, in all 488; 
am informed a minuitt in assembly ; ytt. Mr. Vaughan doth 
goc as Agentt, thatt all his exspences be borne by ye province, 
and to be allowed 80 a year and necessary suplys for his 
family in his absence, if Assembly raise and dispose of mony 
in such a maner, wth. submistion doe nott actt as a Govermtt. 
immediately under the Crown, butt Comonwealth Govermtt. ; 'tis 
certain 1000 issued outt of Treasury under notion of Agency ; 
when in truth onely to maintain Mr. Walderen's law-suite. When 
I wentt into the province to se H. M. Order in Councill as 
to direction for a spetiall verdictt, my charges nott to be 
allowed, because I wentt on a private case etc. T thinck Mr. 
Allen's case very hard, for he to be in disburse aboutt 2000, 

Wt. 11522, B.&S ST.",, C P \ 



COLONIAL PAPERS. 



1708, 



July-Dec. 



July 1. 

Whitehall. 



to recover his rightt, as hath bin owned in all reign, and now 
a people being weary in advanceing mony for a private cause 
of controversy in Law, ytt. same mustt be maintain'd by ,a 
Govermtt. I hope this mony will nott be allowed of in the 
Treasurer's accotts. att home, and ytt. some care will be, 
such things to be rectified, many in country dissatisfied, they 
to be rated for maintaining private Law suites, and same time 
refuse to raise mony to pay poore men there just due in 
serveing ye country. Signed, John Usher. Endorsed, Reed, 
(from Mr. Armstrong) 4th, Read llth Nov., 1708. Holograph. 
1 p. Enclosed, 

2. i. Minute of Council of New Hampshire, May 8, 1708. 
Present, Governor Dudley etc. The Treasurer stated 
that the 250 appointed by Assembly for the Agency 
was all advanced, and that he had his warrants for 
the same. Further sums advanced on the same account 
were allowed, and 1100 voted for soldiers' wages and 
other debts, including 210. 9s. for the Agency. Copy. 
1 p. 

2. ii. Account of money advanced for the Agency. Total, 
488. 16. 1 p. [C.O. 5, 865. Nos. 2, 2.i. ii. ; 
and (without enclosures) 5, 913. pp. 26-28.] 



3. Passports for 32 ships to sail without convoys or embargo 
in America and the West Indies. 

[C.O. 5, 210. pp. 107, 112, 116, 118, 121, 124, 125.] 

4, Council of Trade and Plantations to the Earl of Sun- 
derland. Reply to letter of June 29. We have no objection 1 to 
Mr. Lewis Morris being restored to his place and precedency 
in the Council of New Jersey, from which he has been suspended 
by the Lord Cornbury: But we are apprehensive some incon- 
venience may insue upon the displacing of either Mr. Cox or 
Mr. Sonmans, some time since appointed by H.M., and there- 
fore are of opinion that they be continued, and that Mr. John 
Harrison, who is the last of those we had proposed by our 
Representation of May 31, be left out. [C.O. 5, 994. pp.. 
449, 450.] 



July 1. 



5. Governor Parke to the Council of Trade and Plantations. 
St.Xphers. Acknowledges letters of Jan. 29 and Feb. 26. I hope H.M. 
will think itt for her service to order all the officers to their 
posts, the Regiment else in a little time will be in the same 
condition the last was, rd of their arms are already unservice- 
able, and they have 10 months pay due to them, so that I 
am forced to give them liberty to worke, and onely keep the 
most necessary guards, as at Monks Hill, and in the severall 
ffortts. appointing them a place of Rendevous in case of alarms ; 
the giving them quarters is so expensive to the Islands, they 
are quite weary of it, and will do it no longer. Indeed Antigua 
excepted, the rest are not able ; and Antigua is so expensive 



AMERICA AND WEST INDIES. 3 

1708 

a place, to live in that a soldier cannot live on his pay there, 
here they can as beef is at present, but for Indian provissions, 
which is what they must cheifly live on is just as dear againe 
in Antigua, as 'tis in St. Kitts, therefore I have brought .most 
of the men here; the Kegiment will hardly be of use except 
they are paid, armed and cloathed, and whilst the Coll. and 
Major and great number of officers are at home, it will never 
be ; Major Aldy has not yet been here, who ought never to 
be from the Regiment, the Coll. agrees with merchants to pay 
the Regiment, they make use of the mony, and take no care to 
pay the Regiment, the mony ought to be sent by the packet 
every month, here is one Company has no officer to it, and 
several! with but one. Coll. Jones, the Lt. Col., has downe 
right quarrell'd with me because I would not give him leave 
to go home, and so has severall others ; I have given leava 
but to two Ensigns and a Lieut., one had the leprosie, the 
other very ill, and the third was good for nothing ; Coll. Jones 
tells me he has got leave from home, wch. will come by the 
next packet. I suppose in 5 or 6 months most of the rest will 
have leave to go home, or if your Lordships does not prevent. 
Whenever your Lordships have not had the Minutes of the 
Councills and Assembles regularly, it has not been my fault. 
I have from time to time constantly called upon and writt to 
the severall Secretarys for them, and 'tis their fault, by this 
oppertunety you will receive all from Nevis and this Island 
to this day; there is only the last three months due from 
Antigua and Montserrat, wch. if possible to be got shall be 
sent by the next packet, those of Antigua will be long, and 
give your Lordships some trouble to hear them read. Coll. 
Codrington and his Emissarys has put such notions into their 
heads that untill they are told from yr. Lordships they are in 
the wrong, they will do nothing; they drew up a bill for 
Priviledges, wherein the Assembly makes themselves a Court 
of Judicature to fine and imprison etc. ; they deny the Queen the 
negative voice, and severall other matters never heard of before, 
the quarrell began between the Councill and Assembly whilst I 
was at St. Kitts. I thought the Lt. Governor and Councill so 
much in the right, that I could not but approve of all they 
had done, when- 1 came up, they had no priviledge taken from 
them, everything had run in the same channel it had allways 
done. I let them know I had instructions not to pass any 
Law of an extraordinary nature without first laying it before 
your Lordships, that I was onely intrusted with the Queen's 
prerogative, she might do as she pleased, but to give any part 
away, would be a breach of trust in me; your Lordships will 
see in one of their last messages they promise to be gratefull 
to me, if I would pass what Laws they desired, in short, one 
of their Members came to me early the next morning and gave 
me to understand that I should have a noble present, and also 
the thousand pounds as they call it paid me better then I 
had it last year for my house rent. I told him in private, 
and sent them a publick message that I would not betray my 



COLONIAL PAPEES. 

1708 

trust on any consideration whatever. I kept them to the day 
before the Fleet sail'd, therefore 'twas impossible to send you 
the Minutes, but the Deputy Secretary has promised them wth. 
coppies of those Laws, to go by the packet if she does not 
come very soon: yr. Lordships will then be able to judge of 
the whole matter, and be able to direct me what to do. 

As to the Order relating to my house-rent, I shall be .very 
glad to gett what yr. Lordships have been pleas'd to allow me, 
but as it is order'd, must lay it before the Generall Council! 
and Assembly of all the four Islands, wch. can't be done untill 
I have a man of warr ; the first year I was paid 'tis true, 
but so as it did me little good I was paid in sugar after 
the ffleet was gone ; as for what St. Christophers promised me, 
the hurricane has made them so poor, they are not able. I 
have not so much as asked one pound of sugar from them, nor 
expect any. I am to have nothing from Antigua except I 
give up the Queen's prerogative and pass such laws as will 
make them a Commonwealth, so that this yeare a necessitous 
man that had been in my post must either have starved ,or 
betrayed his trust. I assure your Lordships none of these 
Governments give something for nothing, therefore the Queen 
should allow her Governors such, sallary as they may be able 
to lay up something to keep them when out of their Governments, 
and to receive nothing from the Inhabitants ; if the Queen will 
advance my sallary to 2000 per annum as the other Governors 
have, I will be content to suffer as a Traytour if ever I take 
any ffee, present, perquisit or reward, private or publick, whilst 
I have the honour to command; 'tis true the Governour of 
Bermudas has not a sallary of 2000 per annum, but then he 
has an independent Company, and a benefit out of the whale- 
fishing, wch. makes it much 'more, and one may buy as much 
provission there for five shill. as here for 20. I leave this 
to your Lordships' consideration. I beg the same favour of 
your Lordships (wch. the poorest man and greatest criminal 
has a right too) that is that I may not be condemn'd unheard, 
for there is no doubt but Coll. Codrington by himself or his 
friendt* will misrepresent every thing ; he wants not will to 
do itt (except in the full and change of the moon). I beg 
that you will suspend your judgement untill you have seen the 
Minutes of the Councill and Assembly ; then your Lordships 
will be convinced I have lost my sallary for house-rent because 
I would not break my Instructions. I hope I shall not suffer 
in your Lordships' good opinion for obeying your orders. In 
this dispute Barry Tankard Esq., one of the Councill, was for 
gratifyeing the Assembly in everything, and because he could 
not bring over anybody else to his opinion, he affronted the 
Councill and left them declareing he would never sitt more; 
pursuant to the Order I receiv'd from your Lordships, I writt 
to him by the Secretary, he came to towne that day the Councill 
satt, but neither came to Councill, nor answered the letter, 
against the next Councill day, I had him writt to againe, wch. he 
never answered nor came, tho that clay in towne alsoe ; und for 



AMERICA AND WEST INDIES. 5 

1108 

seaven Councill dayes together never came nor sent any excuse ; at 
last two of the Councill spoke to him, his answer was, he would 
never sitt more, all wch. is entred in the Councill books, and 
therefore pursuant to the Order I receiv'd from yr. Lordships, 
and by the advice and consent of the Councill I suspended 
. him ; therefore since it has been done pursuant to yr. Lordships 
Instructions I hope the suspension will be confirm'd, and his 
name struck out of the list of Councillors for Antigua; I had 
but six Councellors left, for Coll. Williams has been bed-rid 
(ever since I came, he has never been sworne, and Major 
Lyons has kept his chamber this six months, and Mr. Crab 
in England, therefore I was necessitated to swear another, wch. 
is Coll. Wm. Byam, wch. I hope yr. Lordships will confirme, 
for he is not onely of the best ffamily, but has one of the 
best estates, and as good a charector as any one on the Island .; 
as to the postscript in your Lordships' letter about the Patent 
Officers ; the Secretary is Sir Charles Hedges' Couzen, the 
Navall Officer is Coll. Rowland Williams, who has been bed -rid 
severall years. The marshall was one Mr. John Perry, who has 
left the Islands this 3 years; about 8 months ago I put in one 
Mr. Michael Ayon, not hearing from Mr. Perry and his Deputy 
(who was one of the Drummers of the Regiment) letting a 
man go about his buissness that was committed for murther; 
therefore I hope Mr. Ayon may be confirmed, the place is not 
worth much, for Mr. Perry offered it in England for 150; 
I think it unreasonable that any such offices should be exe- 
cuted by Deputy. 'Tis true if they do not do their duty I 
may suspend them, but then I disoblige their patrons in Brit- 
taine, who are men of intrest and perhaps may have them 
restor'd, wch. would be an affront put upon me ; and truly 
the best of them, wch. is the Secretary's is hardly worth the 
begging. I think the Deputy does not allow above 100, or at 
most 150, the yeare, the other are hardly worth the charge of 
takeing out patents for; Mr. Rhods that came over Secretary 
about the losses at Nevis Sir Charles writt me word would 
stay and be Deputy Secretary. I wish he had thought it 
worth his while, for he was a pretty Gentleman, and Avould 
have been a great help to me ; the Capt. of the Hector man 
of warr had an order to convoy the ffleet home in case I 
wth. the advice and consent of the Councill thought it for 
the service. I laid it before the severall Councills of Antigua, 
Nevis and St. Christophers, and they were all unanimous that 
'twas for the good of the Islands to have the ffleet convoyed 
home, accordingly she sayles wth. tihe ffleet and carrys the 
publick papers ; I wish yr. Lordships could find some way to 
prevent the trade between Ireland and the French Islands, 
for I never send a fflag of truce but they find Irish ships 
there wth. beef etc., whilst the last fflag of truce was at Mar - 
tineco, there came in three large ships directly from Ireland wth. 
beef, and their Irish colours ff lying, 'tis a very great shame. 
P.S. I "beg yr. Lordships' pardon that I have not sent the 
Navall Officers accts. of the imports and exports as often as 



COLONIAL PAPERS. 



1708. 



July 1. 

St. Xphers. 



July 1. 

St. Xphers. 



July 1. 



July 1. 

Whitehall. 



July 1. 

New York. 



I could get them. I used to send them to the Gusto me -house 
and Treasury, but for the future shall take care to send them 
also to your Lordships. Signed, Daniel Parke. Endorsed, 
Reed. Sept. 1st, Read Oct. 27, 1708. 5 pp. [0.0. 152, 7. 
No. 55; and 153, 10. pp. 195-203.] 

6. Governor Parke to the Council of Trade and Plantations. 
Inclosed I send the Minutes of Council and Assembly of this 
Island to this day. Uppon the death of Col. Crisp, I had 
but six Councillors, therefore swore Francis Phipps, Esq. a 
Gent of a good estate and charector ; therefore desire your 
Ldpps th'at he may be confirmed and added to the list for this 
Island. Signed, Daniel Parke. Endorsed; Reed. Sept. 6, Read 
Oct. 28, 1708. Holograph. 1 p. [0.0. 152, 7. A 7 o. 56; and 
153, 10. p. 204.] 

7. Same to same. Inclosed I send the Minutes of the 
Council and Assembly of Nevis to this day. Signed and en- 
dorsed as preceding. [C.O. 152, 7. No. 57 ; and 153, 10. 
p. 205.J 

8. Capt. Gardner to Mr. Popple. There was raised 312 
men foi Brigadier Handasyd's Regt., whereof the officers carry 'd 
285 to Plymouth, and have imbark'd the greatest part of that 
number, but presume they may not all arrive in Jamaica before 
November, there has neither been tyme, pains or money spar'd, 
to accomplish what was thought impossible, recruiting for 
Jamaica, if those men arrive safe, the Regemt. will not want 
above 40 more. Signed, Rob. Gardner. Endorsed, Reed. 1st, 
Read 2nd July, 1708. Holograph. 1 p. [C.O. 137, 8. No. 
10; and 138, 12. p. 293.] 

9. Council of Trade and Plantations to the Queen. Recom- 
mend John Peters, John Burryan, Joseph Estridge and John 
Willet; to fill vacancies in the Council of St. Kitts, and Thomas 
Goar, Robert Elleis, Michael Smith, and John Richardson for 
Nevis, as proposed by Governor Parke, March 13 etc. [C.O. 
153, 10. pp. 184, 185.] 

10. Governor Lord Cornbury to the Council of Trade and 
Plantations. Your Lordshipps' letters of May 7, 1707, I had the 
honour to receive on June 25th last at Shrewbury in New Jersey, 
from whence I returned to this place on June 28, at my 
arrivall here, I was informed that a ship would be ready to 
sail in few days directly for Bristoll, which opportunity I was 
glad to embrace to acknowledge the receit of these letters, which 
are thu only letters I have been favoured with, since the Queen 
has been pleased to grant her Commission to your Lordshipps 
of which I beg leave to wish, your Lordshipps much joy. 
Your Lordshipps are pleased to inform me that it is H.M. 
pleasure and expresse command that the Governors of all 
forreign Plantations doe, from time to time, give unto your 



AMERICA AND WEST INDIES. 7 

1708. 

Lordshipps frequent and full information of the state, and 
condition, of their respective Governments, etc. In all these 
things I shall endeavour to observe H.M. commands punctually, 
as soon as time can possibly allow it, for some of the things you 
are pleased to require of me, will take a considerable time to 
transcribe, as, for example, the proceedings in the Councill, 
and Assembly, and the Supreame Court, all which shall be done as 
fast as possible; I wish with all my heart that packet-boats were 
established to some part of this Continent, then we should not 
only have frequent, safe opportunitys of writing to England, 
but we should hear more frequently from thence, whereas now 
we are some times many months without hearing any thing, 
perticularly at this time, till I had the \Javour~] of these [letters] 
of May 7, [/ have not had~\ one line from your Lordshipps' 
Board, nor from the Et. Hon. the Secretary of State these 
15 months, and we have but two safe ways of sending into 
England, which are the Virginia fleet, and the mast fleet from 
New England, from the first of those places there is noe post, 
soe that it is very hard to know when that fleet is to sail, 
for either we must know it by some vessell that comes from 
thencti to this port (and that is not above two or three in a 
year), or else by some traveller who comes from thence by 
land, soe that some times a letter is six weekes coming to 
this place from Virginia, some times longer, by which means we 
loose the opportunity of sending by that fleet, from Boston 
there is a post by which we can hear once a week in summer 
time, and once a fortnight in winter, soe that we have a sure 
conveyance by the Mast fleet, the conveyances by the West Indies 
have proved very uncertain, for severall of our vessels 
havj been taken every year during this warr, besides that severall 
of the packet boats from England have been likewise taken. 
Your Lordshipps are likewise pleased to inform me that the 
said Governors are to transmit unto you yearly accounts by 
way of Journall etc., all which I shall take care to observe. 
I can't but be extreamly surprised to find by your Lordshipps' 
letter relating to this- Province of New York, that there are 
not in your Office any Minutes of Councill, or Assembly, or 
accounts of the Revenue, since my coming to the Government, 

, because I must assure your Lordshipps, that I have never 

failed of sending the Minutes of the Assembly by the first 
opportunity after each Sessions, and some of them, I am sure, 
got safe into England, and I hope, if you are pleased ,to 
order Mr. Popple to look among his papers, he will find them. 
However, they shall be all transcribed fair, and sent to you ; 
the accounts of the Revenue have been constantly sent by 
the first opportunity [ajter] the Deputy Auditor has audited 
them, but \n[deed~\ that Mr. Clark, the present Deputy Auditor, 
has refused to do, ever since Mr. Byerley was suspended, 
which was in April, 1705, soe that it has been impossible for 
me to send those accounts as I ought to have done, for I 
must have sent them unaudited, or not at all ; as for the 
Minutes of Councill, I sent to your Lordshipps two years agoe 



COLONIAL PAPERS. 

1708 

all the Minutes of Councill during the time that Mr. Cosens 
was Clerk of the Councill, and last year I sent all the Minutes 
of Councill since Mr. Clarke has been Clerk of the Councill ; 
these likewise shall be all transcribed as fast as the length; of 
them will permitt, and shall be sent by the first opportunity 
that offers. I here inclosed send your Lordshipps a list of 
the present Councill, and likewise a list of the names of such 
persons as I think by their circumstances most proper to fill 
up any vacancy that may happen in the Councill, in these 
lists, I have distinguished where the persons named live; and 
I intreat your Lordshipps that what vacancys are first to be 
filled, may be filled with persons inhabiting in this City, because 
very often I find it difficult to get five together, soe many of 
them living at a distance. As for the number of inhabitants of 
this Province, I sent one exact list of them about four years 
agoe, and another two years agoe, where they were distinguished 
by whites, and blacks, males, and females. I will take care 
a new list shall be taken and sent by the first opportunity. 
I will likewise endeavour to give your Lordshipps an account 
of the increase, or decrease of the inhabitants since my coming 
to this Government. Two sorts of people remove out of this 
Government into the neighbouring Provinces, the first are tra- 
ding men, of these but few are removed since I came hither; 
the other sort are Husband Men, of this sort many are removed 
lately, espetially from Kings County on Long Island; and the 
reasons why they remove are of two kinds, the first is, because 
King's County is but small, and full of people; soe as the 
young people grow up, they are forced to seek land farther 
off to settle upon, the land in the Eastern Division of New 
Jersey is good, and not very far from King's County, there 
[is only} a Bay to crosse, the other reason that induces them 
to remove into New Jersey is, because there they pay noe taxes, 
nor noe dutys ; the most effectuall way to prevent the removal! 
of the first sort of people, would be to bring all the Collonys 
and Plantations upon the Continent of America, under the 
same dutys, and customes, for goods imported and exported, 
if this were once setled, the trading men would then consider 
which is the healthiest, pleasantest and most convenient place 
for trade, whereas now the chief consideration is, where the least 
dutys are paid, of this we have had severall instances lately, 
since the french destroyed Nevis, severall familys have removed 
from that Island, with intent to settle in this place, but when 
they have found what dutys people have paid and doe pay 
here, and that at Philadelphia they pay none at all, they remove 
thither ; As for the Husband Men I can't see how they ,can 
be hindred from removing out of one Province into the other. 
As for the number of the Militia of this Province, your Lord- 
shipps shall have an exact list of all, in the mean time, I 
think I may say they amount to rather more then 4,000 men. 
The commodity s exported from this Province to England, of 
the growth of the Province are, peltry of all sorts, pitch, 
tar, rosine and train oyl, and if due incouragement were given, 



AMERICA' AND WEST INDIES. 9 

1708. 

good quantitys of hemp, flax, timber, masts and yards might 
be sent from this Province to England; but, besides the com- 
moditys above mentioned, we send into England considerable 
quantitys of sugars, molosses, logwood and other dying wood, 
scochaneel, indigo and cacao nutts, which we have from the 
Islands of Barbados, Monserat, St. Christophers, Nevis, An- 
tegoa and Jamaica, to which places we send flower, biscuit, 
beefe, pork, bacon and train oyl. Besides the trade we have 
with the English Islands in the West Indies, as abovementioned, 
we have some vessels that trade to Surinam and Curacao, and 
some to St. Thomas's, to the two first of these places we 
carry flower, bacon, candles, and train oyl, and some times 
horses, from thence we have in return heavy Spanish money, 
and sometimes some cacao ; from the later we have rum, sugar, 
molosses, cacao, and cotton wool, and we send thither flower, 
beefe, pork and bacon, but/ I look upon the trade to St. Thomass, 
to be prejudicial to these parts, because the commoditys we 
have from that Island, (which is subject to the King of Den- 
mark), are not the produce of the Island, but the produce 
of prises taken by the French upon the subjects of the Queen, 
and carried in thither, it being a Neutral Port; sometimes we 
have a vessell or two, that goe to the Coast of Guinea, and 
bring negros from thence, but they seldom come into this 
place, but rather goe to Virginia, or Maryland, where they find 
a much better market for their negros then they can doe 
here. The trade of this Province is much decayed of late 
years, I mean for these ten years past or more, for in 1694/5., 
it received its most fatall blow by this means, till that time, 
noe body was permitted to bolt, but the citizens of New York, 
then the bolters were under rule, proper officers being appointed 
to view all the flower that was exported, soe that noe bad 
commodity was suffered to goe out, but in that year, an Act 
of Assembly was passed whereby all persons in the country, as 
well as the city, were permitted to bolt, by which means two 
great inconveniencys have hapned, one (which is the greatest) 
is, that the commodity is vitiated, for the country bolter being 
under noe rule, or checque, does not care what the commodity 
is, soe it passe out of his hands, soe that he very often mingles 
Indian corn flower with his wheat flower, this being discovered 
in the West Indies, has soe cried downe our flower, that the 
Pensilvania flower sels for 3/- the hundred more then ours, 
whereas the New York flower used formerly to exceed the 
Pensilvania flower one, and sometimes two shillings the hun- 
dred, and this I look upon as the greatest inconveniency that 
has hapned by that Act, the other is, that the country bolter 
ingrosses all the corn of the County where he lives, and there 
being bolters almost in every County, it is very difficult for 
the city bolters to get corn to carry on their trade, the con- 
sequence of which is, that the bolters remove into the country, 
if they remove, the coopers must remove too, for they will find 
noe work in the city, that this will be the case, we see by 
experience already, severall having removed themselves, by which 



10 COLONIAL PAPERS. 

1708. 

means the City will in some years be unpeopled, these two 
inconveniencys have hapned by the abovementioned Act, which 
I take to be the greatest cause of the decay of our Trade ; 
there is another cause for the decay of the trade of this 
Province, which arises from the People's own faults, and that 
is thus, in the time that Sir Edmond Andros was Gouvernor of 
this Province, there was noe Assembly, but all was done by 
Orders of the Gouvernor in Councill, he being willing to in- 
courage the trade of the place as much as he could, made 
two Orders in Councill. One was to incourage the bolting 
trade, by prohibiting the exportation of corn in grain, the 
other was to lay a duty of 10 per cent upon all European 
commoditys imported into this Province from any part except 
from England directly, and that was the first thing that en- 
couraged the people of this Province to build shipping, the 
same thing was done since by Act of Assembly, but since 
that Act expired (which was since I came), I could never 
perswade the Assembly to renew it, though the inconveniencys 
that happen for want of it, are many, as follows, now the 
people of New England come and buy our corn in grain, 
with money which they have clipped to the third part of 
the real vallue, they carry it to New England, there 
grind it, and bolt it, and ship it off for the West Indies, 
on the other hand, they bring us in European goods, for which 
they carry away our best money, formerly we had nothing in 
return from the West Indies for our flower, and other com- 
moditys, but heavy pieces of eight ; now there is not one vessell 
in ten that brings any money, only European goods, soe that 
if it were not for the small trade our people have with Sur- 
inam and Curacao, we should have noe heavy money in the 
Province, and though these things are as plain as the sun, 
yet it is not possible to prevail with the Assembly to renew 
these Acts, and the only reason I can give for it is, that 
the Members for the country are more numerous, then those 
for the city, they don't care what becomes of the city, provided 
they have goods cheap, they think the more goods are brought 
in, the cheaper they will be, noe matter from whence they 
come, nor how much the trade of the Province is destroyed, 
thus I have acquainted your Lordshipps with the decay of 
the trade of this Province, and the causes of it; if I may 
propose a cure for the first of these distempers, I can think 
of none but these, first, if the Bolting Act is not already 
confirmed at home, that the Queen would be pleased to reject 
it; if it is confirmed, either by his late Majesty, or by the 
Queen under whose auspicious reign we now happily live, then 
I can propose noe other remedy then this, that H.M. will be 
gratiously pleased, to allow the City of New York to chuse as 
many Eepresentatives to serve in Generall Assembly, as all the rest 
of the Province does, by that means they will be able to passe an 
Act to repeal the Bolting Act ; And that this proposall may 
not be thought soe unreasonable, as at first sight it may be 
thought to be, I think the last Generall Assembly of this Province 



AMERICA' AND WEST INDIES. 11 

1708 

have made it plainly appear to be most reasonable, for in the 
taxe of 3000, which was raised for the fortifying this City 
last year, when we expected the frencih to land upon us, the 
Assembly thought fit to lay 1,500, one full half of the 3000, 
upon the City and County of New York. Now, I think it seems 
reasonable that if the city of New York is to bear h'alf the 
burthen, the city ought to bear a proportionable share in the 
Legislature, but this I submit to your Lordshipps' better judg- 
ments ; as for the second cause of the decay of thje trade ofj 
this Province, I see noe remedy for that, unlesse H.M. is 
pleased to signifie her pleasure, that an order of the Gouvernor 
in Councill shall be effectuall in that case, as it was in the 
time of Sir Edmond Andros. That there has been a great 
deal of illegall trade carried on in this Province formerly is 
undoubtedly true. I hope it has not been soe bad of late 
years, but yet I know there has been illegall trade carried on 
between New England, Connecticut and the East end of Long 
Island, the only way we have to prevent it is, to send a 
small sloop to cruise in the Sound, between Connecticut, and 
the East End of Long Island, we have some times had the 
good luck to meet with some of their vessels, but those cruizers 
have proved chargeable, and the Eevenue here is not able 
to bear it ; Col. Quary has lately settled an Officer at New 
London in Connecticut, whose Commission likewise extends to 
the East End of Long Island, I hope that will in some measure 
checque that illegall trade, though I am well satisfied that the 
poor gentleman who goes there, will meet with very great 
diflicultys ; I am of opinion that if a small yacht were built; 
of about 50 or 60 tonns, that might cruise in the Sound between 
Connecticut, and Long Island, it would be one of the most 
effectual means to prevent illegall trade, and the charge of 
such a vessell will not be soe great as it may at first sight 
seem to be, for, if the iron work, sails and rigging are sent 
from England, the timber, masts and building will be found here 
for 400, and the only certain charge will be a Master, one 
man and a boy to look[t] after the yacht when she is in harbour, 
and in winter when she is laid up, and I think it is very 
plain, the charges of building such a vessell will soon be 
saved, for if we must hire a sloope for that service, the cheapest 
we can get her is, 25 a month, or 18/- a day, and we must 
man her, and victual her, the months in which that illegall 
trade is chiefly carried on, are the months of May, June, July, 
August and September, soe that at 25 a month, the charge will 
be 125 a year for the vessell only, besides the uncertainty ,of 
finding a sloop fit for the service at an hour's warning, whereas 
such a yacht would be always ready at hand. The number 
of vessels belonging to this Port is much diminished of late 
years. I have been told that there has formerly belonged to 
this Port 32 top sail vessells, besides sloops, now we can't 
reckon above 28 top sail vessells, and sloops, the number of 
sea-faring men is likewise decreased, chiefly by the losse of 
two privatiers, one of which it is thought foundered at sea 



12 ' COLONIAL PAPEES. 

1708. 

with about four-score hands on board of her, and another, 
which was cast away at Sandy hook, going out, and 120 men 
were lost in her, soe that now by the best computation that 
can be made, I [_cant find] above 300 seafaring men, of all 
sorts, belonging to this Port. All sorts of vessells are built 
well in. this place, but the vessells most usually built here are 
briganteens and sloops of both which sorts there are severall 
built every year in this place, by direction and for the use of 
the merchants in Jamaica, Barbados and others of the Leeward 
Islands, besides those that are built for the use of the merchants 
of this place, which have been a pretty many of late, because 
our people have lost a great many vessels this warr, both: 
going to and coming from the West Indies ; and I don't believe 
there are above 6 vessells belonging to the place but were 
built here. The manufactures setled in this Province are linnen, 
and woolen, they make very good linnen for common use, and 
I don't doubt but in time they will improve that considerably. 
As for the woolen, I think they have brought that to too great 
perfection already, and I must be of opinion that that will be 
a very great prejudice to England in a few years, and ought 
to be taken care of in time, they already make very good 
serges, linsey wodlseys, and in some places they begin to make 
course cloth, and without doubt, in a short time they will soe 
farr improve in that, as not to want the assistance of England 
to cloth themselves, how farr that may be to the advantage 
of England I submit to your Lordshipps' considerations; we 
have all sorts of trades here and some of every sort that work 
well, there is as good fullers earth and tobacco pipe clay 
in this Province as anywhere in the world. The quantity of 
train oyle made in Long Island is uncertain, some years they 
have much more fish than others, for example, last year they 
made 4000 barrels of oyl, and this last season they have not 
made above 600, about the middle of October they begin to 
look out for fish, the season lasts all November. December, 
January, February and part of March, a yearling will make 
about 40 barrels of oyl, a stunt or a whale two years old will 
make sometimes 50, sometimes 60 barrels of oyl, and the 
largest whale that I have heard of in these parts, yielded 110 
barrells of oyl, and 12 cwt. of bone, there might be good 
improvement made in the fishery of codd fish and mackrill, 
but fish of severall sorts is soe plenty in the Kivers and in 
the Bay before this City, that our people will not take the 
pains to goe to sea. Thus I have endeavoured to answer the 
severall queries your Lordshipps are pleased to put to me 
with respect to the Province of New York, as well as the short - 
nesso of the time of the sailing of this ship would permit, 
by the next conveyance I will suply what is defective in this. 
Your Lordshipps are pleased to command me to add what ever 
I think conducive to H.M. service, to the interest of England, 
to the advantage of this perticular Province, and to your as- 
sistance in the discharge of the trust reposed in your Lord- 
shipps. There are many things which might be proposed under 



AMEKICA AND WEST INDIES. 13 

1708. 

these directions, but I dare not undertake to doe it off hand 
in the little time this ship allows me to write, but by the 
next I will endeavour to offer to your Lordshipps what is 
proper upon this subject ; in the meantime I think it my duty 
to offer one thing to your considerations, which, I think very 
much for H.M. service, for the interest of England, and indeed 
for the perticular advantage of this Province, if the people 
would but understand it right. The Assembly of this Province 
is not very forward to passe any Act for setling the Millitia, 
and the last Act I did prevail with them to passe for that 
purpose, they limited to the space of one year, besides, they 
are not very forward to inflict penaltys on their neighbours for 
not doing their duty; this is soe, not only in this, but in 
almost all the Provinces upon the Continent, I therefore offer 
it to your Lordshipps' considerations, whether it would not be 
for H.M. service, that a short Act of Parliament were passed 
in Great Brittain, for the setling and regulating the Militia of 
thes3 parts of the world. I am afraid the Millitia here will 
never be in the order it ought to be, till thlat is done ; In 
the Province of New Jersey it is worse, and in the Province of 
Connecticut, though H.M. was pleased by her Commission to 
put the Millitia of that Province under my direction, they 
refuse to receive any Commission from me, or to obey any 
Order. Your Lordshipps are pleased to say that Mr. Burchett 
has sent Mr. Popple an answer to my letter of Dec. 14, 1706, 
relating to Capt. Fane etc., and that a copy thereof is inclosed 
for my information. I beg leave to inform you that I have 
received noe such copy inclosed. Capt. Fane is fallen out 
with all this Province, he has often publickly declared that he 
hates the whole Province and every body in it, and that, if 
he met with a New Yorke vessell at sea in distresse he would 
give her noe assistance, and indeed he has shewen very lately 
how little kindnesse he has for the place, for having taken a 
prise in his voyage from Barbados to this place, he would 
not bring her into this Port, but carried into Virginia, where 
he had noe businesse, and ought not to goe, [this being'] his 
Port ; I don't trouble your Lordshipps with his behaviour to 
me, which I believe has noe president; but I hope some other 
ship will be sent to relieve him, which will make the Country 
easier, under the command of some Gentleman, who will be 
more dilligent then this Gentleman has been, for I could never 
send him an order to cruise, but he wanted something which 
retarded his going out, six or eight or sometimes ten days ; 
Now Capt. Norbury, since his arrivall here, has always been 
ready at 24 hours warning, does his duty with chearfulnesse, 
and I believe will make this country very easy. Your Lord- 
shipps arc pleased to inform me that an Act of Parliament 
is passed for a perfect and intire Union of the two Kingdoms 
of England and Scotland, and you are pleased to say that you 
. have sent me two of the said Acts, that it may be published 
in th-j most solemn manner in this Province of New York etc. ; 
I must inform your Lordshipps that noe such Acts are como 



H COLONIAL PAPERS. 

1708. 

to my hands, I did procure one from the Attorney Generall of 
this Province, who had received it from England, .and in obedi- 
ence to your commands I have taken care to publish it in 
the most solemn manner we are capable of. Now I beg leave 
to inform your Lordshipps that since the letters I sent to you 
by the Mast fleet, which sailed from Boston, March 18, nothing 
extraordinary has hapned in this Province ; In the beginning 
of May, one Jones, Master of a ship bound from Barbados to 
Philadelphia, overshot his Port, and was taken by a small French 
privatier from Martinico, about three leagues off from Sandy- 
hook, the same privatier had before that taken a small sloop 
belonging to this place, and two ships bound from Leverpool 
to Philadelphia. I was at Burlington when this hapned, as 
soon as I heard of it, I sent orders to Capt. Norbury to put 
to sea with H.M.S. Triton's prise, which he did, and since 
that, we have heard of no privatier off of Sandyhook, but two 
french privatiers have taken station off the Capes of Delaware, 
whero they have taken 7 or 8 prises, and among the rest, 
a very rich ship from London, commanded by one Young, 
who was taken in sight of the Capes, severall of the merchants 
of that place have writ to me to desire that one of the men 
of warr that are here may cruise off of their Capes for some 
days to see some of their vessels safe to sea, who dare not 
peep out now, the Triton's prise will sail in two days for 
that purpose. I hope we shall have a good account of some 
of the privatiers ; yesterday I had a message from Albany., 
from the Commissioners for managing the Indian affairs, to 
desire me to make what haste I could up to Albany, in [order 
to be there] by the 15th inst., which I will doe, God willing, 
unlesse I am hindred by contrary winds, however, I will get 
up as soon as it is possible, though I did not intend to have 
gone till the end of August, for it is now a hot season, and 
this is the hottest summer I have knowne since I came into 
America. I intend to make but a short stay there, as soon 
as I return, I will acquaint your Lordshipps by the first oppor- 
tunity what it is the Indians had. to propose to me. I had 
almost forgot to acquaint your Lordshipps that, being in 
New Jersey longer then I expected this Spring, I sent a 
Proclamation to the Gentlemen of the Councill of New York, 
to adjourn the Assembly of New York, and some days agoe, 
upon a message from Albany relating to the Indians, the Gen- 
tlemen of the Councill were of opinion that the Assembly 
ought to be called together to see if th,ey would raise a fund 
for some presents to the Indians. I issued a Proclamation, 
requiring their meeting the 25th of this month ; two days after 
the Proclamation was issued Mr. Philips acquainted me that 
severall of the Members of the Assembly had said that they 
would not meet, because the former adjournment was by a 
Proclamation signed in New Jersey, and that they took themselves 
to be dissolved, this is a notion started last year by Mr-Byerley, 
when he received an Order from me, dated at Burlington, which 
he had noe mind to obey. I did acquaint the late Council of 



AMERICA ^ND WEST INDIES. 15 

1708. 

Trade with this matter, and beg'd their opinions, but I have 
not yet had any answer. I beg I may have your Lordship ps' 
opinion whether any Order signed by me in on Province is to 
be of force in the other or not. Signed, Cornbury. Erv.lorsed, 
Reed. 3rd. Read llth Nov., 1708. Holograph. 12 pp. En- 
closed, 

10. i. (a) List of the Council of New York, and 

(b) Persons recommended by Lord Cornbury to fill 

vacancies : Col. Peartree, Col. D'Peyster, Mr. De Lan- 

cey, Mr. Cholwell, Mr. Rynders, Mr. Walters, Mr. 

Wilson, Mr. Milward, in New York; Col. Willett, Major 

Jones, Long Island; Col. Beckman, at Esopus; Col. 

Quary, at Philadelphia. 2 pp. [C.O. 5, 1049. Nos. 

96, 96. i. ; and (without enclosure], 5, 1121. pp. 

328-349.] 

July 1. 11. Governor Lord Cornbury to the Council of Trade and 
New York. Plantations. Repeats part of preceding. I did two years agoe 
send your Lordshipps the Minutes of Councill [of New Jersey] 
to that time, and I have constantly sent the Minutes of Assembly 
by the first opportunity after each Sessions etc. The accounts 
of the Revenue have not been sent because the Deputy Auditor 
has refused to audit them, the Queen has had noe Revenue 
in the Province of New Jersey, only for two years, since they 
were expired, the Assembly by the [underhand practices -i/ Mr. 
Lewis~\ Morris and severall of the [Quajkers, one Doctor Johnson, 
and some others, have been prevailed upon not to give the 
Queen any Revenue, and I am of opinion that as long as the 
Queen is pleased to allow the Quakers to sit in the Assembly., 
they never will settle a Revenue, nor a Millitia. I will by the 
first opportunity send your Lordshipps an exact transcript of 
the Accounts of the Revenue for those two years, whether the 
Deputy Auditor will audit them, or not. I here send you en- 
closed a list of the present Councill, and likewise a list of 
such persons as by their circumstances are in my judgment 
proper to fill any vacancy that may happen in the Councill. 
About two years and a half agoe I did transmit compleat lists 
of the inhabitants of each, County of New Jersey, the Sherriffs 
are now making new lists, which shall be transmitted to your 
Lordshipps by the first opportunity. The numbers of inhabi- 
tants of New Jersey are considerably increased by the reasons I 
have offeree! in preceding. None of the inhabitants of New 
Jersey remove into the neighbouring Collonys. The Millitia 
of New Jersey will amount to about 2,300 men besides the 
Quakers, but of this you shall have compleat lists by the first 
opportunity. Nothing is exported from New Jersey to England ; 
neither has the Province any trade with any other place, except 
the neighbouring Provinces of New York, and Pensilvania, the 
Eastern Division bring their grain of all sorts to New York, 
and their sheep etc., the Western Division carry all their 
produce to Philadelphia, the Western Division has not one 
vessell belonging to it, the last year some of the inhabitants 



16 COLONIAL PAPERS. 

3708. 

of the Eastern Division built a sloop, and fitted her out to 
sea, she has made one voyage to Barbados, and that is all the 
vessells that belong to the Eastern Division, except wood boats 
that bring fire-wood and pipe-staves to New York; the Province 
of New Jersey is furnished with European goods thus, the 
Eastern Division from New York, the Western Division from 1 
Philadelphia. The Province of New Jersey has noe trade but 
as above-mentioned. There have sometimes goods been run 
into fhe Eastern Division by vessels bound to New York, but 
it is now pretty well cured by the men of warr lying at Sandy 
hook, and there is an officer at Amboy, there have likewise 
goods been run on shoar in the Western Division by vessels 
bound up the Kiver Delaware to Philadelphia, Collonel Quary 
has appointed an officer at Burlington [and one at Salem; I 
hope their dilligence will in a great measure] prevent illegal! 
trade on that side. 

There is noe shipping belonging to New Jersey, except as 
is mentioned on the other side ; neither is there any sea-faring 
man, unlesse the men that goe in the wood boats may be 
called such. There have been three or four ships and one 
briganteen built at Woodbridge in the Eastern Division since I 
came to the Government, and one briganteen and one sloop 
have been built at Burlington in the Western Division. In 
New Jersey they make good linnen for common use, and they 
begin to make woolen stuffs. I have offered my thoughts to 
your Lordshipps concerning the latter of these in preceding. 
Thus I have endeavoured to answer tflie queries contained in 
your Lordshipps' letter as well as the shortnesse of the time 
this ship allows me, I will take care by the next to suply 
what may be wanting in this. Your Lordshipps are pleased to 
command me to add whatever else I think conducive to H.M. 
service, to the interest of England, to the advantage of that 
perticular Province, and to your assistance in the discharge of 
the trust reposed in your Lordshipps. Many things may be 
offered under these directions, but I dare not venture to doe 
it off hand, but by the next I will endeavour to offer such 
things to your Lordshipps as may be proper upon this subject. 
In the mean time I think it my duty to lay some matters 
before you for your consideration, which I think very much for 
H.M service, for the interest of England, and indeed for the 
advantage of that perticular Province, if the People could be 
persuaded to understand things right ; the first thing is the 
Militia. Refers to preceding. I shall say noe more, only that 
the Queen must not expect a Militia Act to be past, as long 
as the Quakers are allowed to sit in the Assembly. The next 
thing I shall offer to your Lordshipps' considerations is that 
some method may be directed to inquire into the quallifications 
of Members returned to service in the Generall Assembly. H.M. 
is pleased in her Instructions to me to direct how people 
shall be quallified to chuse, and to be chosen, and that noe 
person though chosen, shall be suffered to sit unlesse soequalli- 
fied, the late Lords of Trade and Plantations, upon a complaint 



AMERICA AND WEST INDIES. 17 

1708. 

mado to them that I kept three Quakers out [o/] the Assembly 
(which was done by advice of the Councill, and only till they 
Shewed their quallifications) were pleased to direct me for 
the future not to intermeddle with the quallifications of the 
Member; of the Assembly but to [leave that matter to tlie 
House ; in obedience to their Lordshipps'] commands, I have 
not intermedled since that time, the consequence has been this, 
that upon the last Election in some places they chose some 
persons who are not qualified according to H.M. Instructions, 
in the Eastern Division they chose one person, who has not a 
foot of land in the Province, nor does not inhabit in the Province, 
but because he is a forward man, and promised them that if 
he were chosen, he would not consent to the giving a Eevenue 
to the Queen, they chose him, and the House have suffered 
him to sit, notwithstanding that every -Member of the House 
knows he is not qualified ; there are more of the same sort ; and 
it will always be soe, unlesse H.M. is pleased to appoint some 
Method to inquire into the qualifications of persons returned 
to serve in the Assembly, other then the House themselves. 
These things I intreat your Lordshipps' consideration off. 

Your Lordshipps are pleased to signifie to me that an Act 
of Parliament is passed for a perfect and intire Union of the 
two Kingdoms of England and Scotland, and you are pleased 
to say that you send me two of the said Acts that it may 
be published in the most solemn manner in New Jersey etc. 
I taka the liberty to acquaint your Lordshipps that I have not 
received any such Acts, but having procured one from the 
Attorney Generall of New York, I will take care to publish it 
in the most solemn manner possible. I am very much concerned 
that your Lordshipps have not received my letter relating to 
Mr. Ormston and Mr. Sonmans, because besides that which I 
sent by the way of the West Indies, I sent a duplicate by 
the way of Boston, and another by the way of Philadelphia. 
I hopo some of them have reached your hands before this 
time. However, I now send another duplicate of the same ; 
and I don't at all question your Lordshipps' justice to me. 
I likewise send a duplicate of my letter of June 21 last, in 
which you will see an account of the proceedings of the As- 
sembly of New Jersey this spring, to which I beg leave to 
referr. Just as I was going to seale this letter, I have received 
H.M. commands to admit Mr. Sonmans into the Councill, 
which shall be done accordingly. Signed, Cornbury. Endorsed, 
Reed. 3rd, Read llth Nov., 1708. Holograph. 4 pp. Enclosed, 
11. i. (a) List of the Council of New Jersey, and of 

(b) Persons recommended by Lord Combury to supply 

vacancies : Messrs. Wheeler, Huddy and Newbold of 

Burlington, Capt. John Bowne, Monmouth County, Capt. 

Kingsland, Essex County, Mr. Longfield, Middlesex. 

Set out, New Jersey Archives, 1st ser. iii. 340. q.v. 

Endorsed, Reed. Nov. 3, 1708. 2 pp. [(7.0. 5, 970. 

2Vos. 77, 77. i. ; and (without enclosure') 5, 994. pp. 

465-472.] 

Wt. 11522. CP2 



18 COLONIAL PAPEBS. 

1708. 

July 2. 12. Wm. Penn to the Council of Trade and Plantations. 

[2ndf (Jul.) Honorable ffriends, I have submitted to wt. you are pleased 
1708.] to say you could not help, and that time and other circumstances 
will not allow me to sett that matter of the Queen's Eight to 
the Lower Countys in a better explanation,' the scruple being 
only about right of Govermt., and that my recompense from 
those yt. had the advantage of the Commission of Trade, that 
was my proposall for a better and more impartiall as well as 
expeditious and honorable way of superintending the Great- 
Provinces of Trade and Plantations, a poore returne. I here 
inclose the declaration under my hand and seale, wch. as it 
is a saveing to the Queen, this is also writt for a saveing 
to, Honorable ffriends, your very Respectfull Friend, Signed, 
Wm. Penn. Endorsed, Reed. Read July 2, 1708. Addressed. 
Holograph. If pp. 
Enclosed, 

12. i. Mr. Perm's Declaration. I underwritten do by these 
presents declare and promise, that the Queen's Royal 
approbation and allowance of Capt. Charles Gookin to 
be Deputy-Governor of Pennsylvania and the three 
lower Counties upon Delaware River, shall not be con- 
strued in any manner to diminish or set aside H.M. 
Claim of Right to the said three Lower Counties. 'In 
witness whereof I have hereunto set my hand and 
seal, this second day of the mo. calld July, 1708. 
Signed, Wm. Penn. Sealed. The words in italics 
are in Penn's handwriting, f p. [0.0. 5, 1264. iYos. 
48, 49; and 5, 1292. pp. 63, 64.] 

July 3. 13. Governor Crowe to Mr. Popple. Refers to letter sent 
Baibados. on June 27 by Mr. Rowland Tryon. I was in hopes to have 
sent you the negroe acct. per these ships, but have not been 
able to coleckt the sundry private traders accounts, soe must 
begg your Lordship's paytiance untill next conveyance etc. 
Signed, M. Crowe. Endorsed, Reed. Sept. 3, Read Oct. 27, 
1708. Holograph, f p. [0.0. 28, 11. No. 19; and 29, 11. 
p. 310.] 

[July 4.] 14. J. de Kocherthal to the Queen. Prays to be allowed 
a salary and 20 for outfit, as other Ministers, etc. Set out, 
N.Y. Docs. V. p. 62. Signed, Josua de Kocherthal. Overleaf, 
14. i. H.M. refers above to the Council of Trade and Plan- 
tations for their report. Signed, H. Boyle. The 
whole endorsed, Reed. Read July 7, 1708. 1| pp. 
[C.O. 5, 1049. Nos. 80, 80.i. ; and 5, 1121. pp. 301, 
302.] 

July 6. 15. Council of Trade and Plantations to the Earl of Sun- 

Whitehall, derland. By letters lately received from Governor Crowe, we 
find that there are several offices granted by patent under the 
Great Seal of this Kingdom, and particularly that a Patent has 
been past for the Clerk of the Market, in which there is a 



AMERICA AND WEST INDIES. 19 

1708. 

clauso allowing the Patentee to execute the said Office by Deputy, 
the ill consequence of such clauses was represented by the 
Commissioners of this Board to his late Majesty. Quote Order 
in Council, Feb. 16, 1698/9 (C.S.P. 1699. No. 104). But as 
we presume your Lordship has not been apprised of this matter, 
we send a copy of the said Order. [0.0. 324, 9. pp. 217,218.] 

July 6. 16. The Earl of Sunderland to the Council of Trade and 

Whitehall. Plantations. The alteration in the Queen's Arms by the Union 
making it necessary that new Seals should be provided for 
H.M. Plantations, I desire you will let me have a description 
of those several seals that I may be able to get a warrant 
prepared for H.M. signature for their being engraved. Signed, 
Sunderland. Endorsed, Eecd. 6th, Read 8th July, 1708. 'f p. 
[O.O. 323, 6. No. 63; and 324, 9. p. 218.] 

July 6. 17. Mr. Bridger to the Council of Trade and Plantations. 

Boston. Encloses following. I pray your Lordships would send me 
an order for an Appeal to boston, or set that tryall aside, and 
have a new tryall; the Judges sent out the Jury twice, but ini 
vaine, they cleering them without wittness or reason, etc. In- 
closed is a copie of an Act which I layd before the Governor, 
Council and Assembly of New Hampshire, wch. I pray your 
Lordshipps to have confirmed. I hope that Act will secure 
in some measure H.M. intrest in that Province. The reason 
of the penalty on marking any trees is thus, some ill men 
have this last winter gone into the woods and marked all trees 
before them, those trees fitt and unfitt for masts, with, the 
Broad Arrow. This was in common woods, and when theire 
neighbours come into the woods to get loggs for boards etc., 
they seeing all the trees marked immediatly returned, thinking 
that I had ordred the marking of sd. trees. The marker seeing 
that had fritned all people out of that place, he and his associates 
outts down all masts and others to a very great number. 
I hope I shall be able to prove the fact on someboody. The 
General Assembly of this Province now sitting, I drew a bill 
for the better preservation in H.M. woods in this Province, 
which bill is the very words of the Charter etc., but the Assembly 
will not enact their own Charter etc. (see July 10). In the 
tryall inclosed they there plead the Charter no Law, against 
H.M. in the case of masts, now my lords if the Charter be 
no law, nither will they enact it as a law, what will H.M. 
do for her Navy; all will be cutt down next winter, if an 
imediate care be not taken by an Act of Parliament out ,of 
Great Brittain, of which I sent yr. Lordsps. a rough draught 
etc. 

Here is no licence yet come from Mr. Collins, etc. I have 
found some masts in the woods cutt by Mr. Jno. Plaisted 
order, which has layne there 6 months, and had been lost, 
had I not found them, for they must be hewn, squared, etc., 
else the worme get into them and spoyles the masts, and this 
is the practice of Plaisted; he sett men to cutt those musts,, 



20 COLONIAL PAPERS. 

1708. 

in the winter, and those men has not heard from him since, 
and soe he has done in many places, but the woods are now 
soe dangerous by reason the Indians, that I dare not venture 
a 3rd time. Those masts I have found are of the first and 
principall dimentions. I have ordred some worke men to goe 
and save those trees by squaring them. Prays for their Lord- 
ships' directions. Repeats former proposal for encouraging 
the making of pitch and tar. I am well assured that at New 
Yorke there would be great quantitys of tar made there, if 
I was there to instruct them ; that lays wholly with your Lord- 
sps. to enable me to goe thither for that service. Expecting 
with great impatience your Lordshipps' commands, not having 
one line since my arrival, etc. Signed, J. Bridges. P.S. I 
had an order from the Inf eriour Court at ' York to appeall to 
Boston Superiour Court. I pray I may have an order that 
the appeal be heard accordingly, wch. will save any order 
for the new tryall of those offenders. It was the opinion 
of the Lawyers her[e] the appeal would not lye to the Superiour 
Court, wch. makes me pray an Order now. etc. Endorsed, Reed. 
Sept 8, 1708, Read Dec. 9, 1709. 2 pp. Enclosed, 

17. i. Copy of Governor Dudley's Warrant, Aug. 24, 1707, 

for the arrest of persons cutting masts without licence. 

2 pp. 
17. ii. (a) Mr. Bridger to Charley Frost. Instructions to 

arrest Nathaniel Gubtaile, Jno. Thompson, Jno. Hearle, 

Wm. Hearle, jr., under aoove warrant, Dec. 29, 1707. 

(b) Bonds for the appearance of above, given by 
Hearle, Gubtaile, Humphry Spencer and James Emery. 

(c) Depositions against them by Nicholas Gillison, Wm. 
Dyer, and Benj. How. (d) Their trial and acquittal.. 
Defence by Jno. Pickerin, Attorney, (e) Mr. Bridger's 
Appeal, (f) H.M. warrant for John Taylor to cut 
masts, June 22, 1704. (g) John Plaisted's letter to 
Governor Dudley, and deposition touching masts cut 
by him. (h) Depositions as to the bounds of Kittery, 
York and Wells in New England. The whole endorsed, 
Reed. Sept. 8, 1708, Read Dec. 9, 1709. Copies. 12 pp. 

17. iii. Act for the better preservation of Mast trees or White 
pine trees in New Hampshire. Same endorsement. 
Copy. 2 pp. [C.O. 5, 865. Nos. 27, 27. i. -iii.; and 
(without enclosures) 5, 913. pp. 120-126.] 

July 6. 18. Sir John Bennett to the Council of Trade and Plan- 

tations. Defends the punishment of Mr. Newnam, for a crime 
amounting to little less than high treason etc. It appears by 
the Remonstrances of the Justices of Bermuda, July 18, 1706, 
that Newnam is a very dangerous person and a common disturber 
of the peace ; they prayed the Governor to have the prison window 
closed and another opened which was done, because that window 
fronted upon a common passage, and Jones the Provost Marshal 
allowed the prisoners to abuse and affront the public Officers, 
as Councillors, Judges etc., as they passed along, etc. 



AMERICA AND WEST INDIES. 21 

1708. 

Signed, Jo. Bennett. Endorsed, Reed. Read July 6, 1708. 8 pp. 
[0.0. 37, 8. No. 68; and 38, 6. pp. 397-411.] 

July 6. 19. Mr. Vaughan to the Council of Trade and Plantations. 

In ye Province New Hampshire are six towns, Portsmouth, Dover, 
Exeter, Hampton, New-Castle and Kingstown, ye two last very 
small and extraordinary poor, drove to great streights by 
reason of ye warr. The inhabitants of New Hampshire are 
few and inconsiderable, there not being 1000 men in ye whole 
Goverment, and that 1 number dayly lessning, by ye murders of 
ye salvage enemy, assisted by ye French, and ye removal 1 
of sundries for shelter and protection to other places. Ye 
situation of ye Province is by ye seaside, about 16 miles between 
ye rivers of Piscataqua and Merimack, having ye Massachusets 
Goverment on each side of it, and likewise heading of it up 
in yo countrey, so that it is a punct or small spot in ye 
center of that Goverment, there being severall seperate Counties 
thers larger than this whole Province. The trade of this Prov- 
ince has formerly been considerable, ye settlements whereof are 
principally upon ye River Piscataqua, wch. is navigable near 
30 miles, accommodated with sundrie branches, into wch. severall 
great and fresh rivers have their outlets, and is addapted to 
trade by reason of ye extraordinary conveniency of transpor- 
tation both up and down, wch. is ocasioned by the swift tide 
both on ye fflood and ebb, and ye indraft of ye many larg-e 
branches and of two great bayes, ye one 3 miles in length, 
ye other 6 miles over in any part of it, both wch. lie at 
ye head of ye river, wch. for 10 miles together nearest ye 
sea is not more than half a mile over, and is furnished Avith. 
great plenty of ffish, such as cod and haddock, wch. are caught 
10 miles up ye river, bass, shad, mackerell, herring, blew -fish, 
alewines, pollock, ffrost-fish, perch, flounders, sturgeons, Jumps, 
ells, hollowboats, scales, salmon and many others, and all sorts 
of shell -fish, such as lobsters, crabs, cockles, clams, mussells, 
oysters, etc. At ye head of almost every branch of said river 
are great fresh rivers whidh come out of the countrey, which 
likewise are full of all sorts of freshwater fish, as pikes, 
pearch, salmon -trouts, ells, etc., wch. fresh rivers run some 
100 miles into the country, some more, some less, and are 
accomodated with suitable places for mills, iron works, otc., 
ye land on both sides furnished with wood of all sorts and 
sizes fit for fireing or timber of all sorts either for building 
of vessells, houses, etc., wch. land has no sooner ye woods 
cut down but ye English grass within two or three years cover 
the face of ye earth, and is extraordinary fodder for all sorts 
of cattle, wch. were also plenty and cheap and would be again 
were it not for ye salvage Indians and French, who kill great 
numbers of them as they feed in ye forrests and woods ; which 
river of Piscataqua furnishes Boston with most of their lumber 
aind severall other places on ye mainland as also ye West 
Indies, and H.M. Navy with masts, sparrs, rafters etc., and 
were it not for ye enemy is ye fittest place of all ye present 



22 COLONIAL PAPERS. 

1708. 

settlements of New England for ffishing for ye supply of forreigne 
markets, being ye most Northerly settlement of those planta- 
tions, and ye more Northward ye more fish, and where ye 
fishermen of other places are obliged to come to take their 
fish, and after carry to more incirculed towns for cureing thereby 
to avoid ye danger of ye Enimy. Note further upon some of 
ye fresh rivers lies great quantities of intervall grounds, incon- 
ceiveably rich, fit for ye production of all sorts of grain, hemp, 
fflaXj etc., wch. land is naturally free from wood, and alwaise 
fit for improvement save in 'ye winter, when it is overflowed 
and covered with water, wch. is ye only cause of its fertilyty 
and will never have occasion of any other dressing than what 
is left by ye ebbing and decreasing of ye waters. In the 
Province of N. Hampshire at ye entrance of ye River of Pis- 
cataqua is H.M. Castle called William and Mary, formed and 
built by tho directions of Col. Homer H.M. Enginere, but not 
finished by reason of Col. Rednap his coming from great Brit- 
tain in that .post and office, wch. prevented ye said Col. Romer 
his finishing ye same, since wch. nothing more has been done 
to it, but is in statu quo, save what is tumbled down, and gone 
to decay it bein'g thro' ye poverty of ye inhabitants builded and 
made of turff and saltmarsh sodds, wch. in a little time 
moulders and cannot endure ye stormy weather and searching 
frosts of that countrey. At ye other end of this Island, on 
wch. ye Castle William and Mary stands, is another inlet 
from ye sea, wch. is called Little Harbour, wch. end of said 
Island is something nearer ye sea, and can command a ship 
sooner than ye other, but here are but two small and inconsider- 
able gunns and no intrenchments or walls for a guard and 
security to men, wch. said inlet will admit all small vessells., 
and is as direct a way into and up ye River, and much more 
accommodable to land men upon ye mainland than ye great 
river or harbour is, and ought likewise to be fortifyed and 
secured to prevent any such attempt, and for ye prevention of 
illegal! trade, there being no watch, guard or ffort to command 
vessells coming in out of ye sea, or going out without clearance 
order etc., and is most needfull to be done, but not possible 
to be effected by ye people who are reduced to great poverty, 
and indeed not able to defend their inland garrisons for defence 
of ye women and children from ye barborous Indians. In. 
every town of sd. Province are sundrie garrisons and small 
fortifications built of small timber or palisadoes, and each 
garrison erected and defended by eight or ten families or their 
abouts, wch. is ye only security of sd. families, included against 
ye Indians, who watch all opportunities of ye people's coming 
out in order to their destruction and murder, which, when they 
have at any time effected, they strip of ye scalp of ye head and 
carry them to ye French at Canada where they receive a reward 
of 5 for every scalp so brought in, wch. barbarous usage doth 
so much deter and keep back ye people from their labour 
and callings that many times their families are ready to famish 
and starve in heaps, wch. necessity obligeth them to out to 



AMERICA AND WEST INDIES. 23 

1708. 

ye improvement of their plantations for corn and hay for their 
cattle, and thereby are exposed as a pray to ye wild men 
of ye forests, who are every year lessning our numbers, and 
I fear in ye end rout us out of that end of ye country having 
already effected it full 100 miles. The forces or men wch, 
defend, look after and keep ye sd. Castle William and Mary,, 
are generally 4 or 6, sometime upon any extraordinary oc- 
casionr, 6 or 10 more, who are sent by turns, by order of ye 
Assembly, thereby to prevent payment, since all persons are 
to do duty in proportion of time, wch. is very intolerable and 
distressing to ye poorer sort, to do service and not be payed., 
while ye family starves at home. The condition of ye Castle 
is tollerably well at the present so far as is finished but will 
yearly want repairs, there are 30 odd guns competently well 
mounted, but some of them very small, old and useless, and 
all of them too short for Castle guns, there is a small powder- 
room built and finished, none for arms, no houses for enter- 
tainment of men. All sorts of stores wanting, for wch. ye 
Assembly has addressed H.M., wch. they confidently promise 
themselves H.M. will be graciously pleased to grant, and bestow 
her bounty to inable them to mentain her Goverment and Castle, 
and therewith ye masts and stores lying there for ye use of 
her Royall Navy. There are three small towns on ye other side 
of Piscataqua River, wch. is in ye Massachusets Goverment, web,, 
oblidgeth ye sd. Goverment to defend them, and thereby are 
unwillingly serviceable to ye Province of New-Hampshire, with- 
out wch., and had those three towns been drawn in or destroyed, 
or should they be so, wch. they are in great danger of, it 
would then absolutely be impossible that the Goverment of N. 
Hampshire should stand of itself as a seperate Goverment, 
unless H.M. should immediatly take it into her care and pro- 
tection, and without wch. at present it is reasonable to conclude 
it will also fall, the poverty, want of assistance from the neigh- 
bouring Provinces and Collonies, and the decay of trade being 
so great, wch. is further shewed in ye Addresses of that Gover- 
ment to H.M. In consideration of all wch., as also that 
the Province is some thousands pounds in debt, contracted 
in ye time of peace, and thereby their credit forfited, and for 
ye preservation of that river and Goverment, it is most humbly 
proposed, (1) That 200 men be raised and sent over to New- 
Hampshire, to be posted in the Castle, as also for ye releife 
of the out towns when attacked, or, as need may be, to relieve 
ye people in their distresses about raising and secureing their 
harvests, ye enemy of late haveing taken ye methods of pulling 
down ye fences about ye standing corn, wch. is no sooner done 
but destroyed by ye cattle, ye owners not dareing to go out 
to prevent ye same. (2) That a fourth rate man of warr may 
be sent over to cruize about ye Eastern coast, and for her 
wood, water and vitling to repair to ye River of Piscataqua, 
wch. will be a great incouragment to ye inhabitants, and guard 
to ye River and Navall Stores there. (3) That stores of all 
sorts be sent over at ye same time and by ye same conveyance. 



24 COLONIAL PAPERS. 

1708. 

(4) That dureing ye extraordinary troubles and dangers of ye 
Plantations on ye mainland of America, two pacquet-boats may 
be sent yearly to New Hampshire, by wch. dispatches may be 
had to and from ye Queen [s] Governors, and ye ships of warr 
and transportation of men and stores, and other great advantages, 
both to ye Crown and Plantations, especially since ye Xing' 
of France has setled such a strong garrison so near, and is 
infesting ye coast of New England both wth. ships of warr 
and privateers. (5) That ye two nests of French, (vizt.) 
Canada and Port Royall setled on ye backs of ye English on 
ye mainland of America be rooted out, wch. is ye only ready 
and certain way to procure peace, for all ye Plantations of 
English there, wch. might easily be effected by one of ye 
squadrons of men of warr, wch. yearly go to ye West Indies, 
and be no great hindrance to their intended voiage, wch. if 
H.M. would vouchsafe to grant, hir good subjects on ye Con- 
tinent there would heartily joine as one man to make those 
two Plantations of ye french King's subjects submitt and subject 
themselves to ye Crown of great Brittain. (6) That ye Maquas 
or Five Nations of Indians which alwaise were in ye English! 
interests be incouraged by ye Govorner of New York against 
ye Enemy, who have been kept back and are in number as 
many as ye Enemie Indians, who, if they had been duely 
incouraged, might before this time have put all ye plantations 
far from ye fear of such an enemy, and saved ye lives of more 
than a thousand English people who have been murthered, 
and their towns and plantations have been held and mentained, 
wch. were many and large, and are now growing up again 
into a wilderness, besides the expence of more than 100,000. 
Signed, Geo. Vaughan, Agent for N. Hampshire. Endorsed, 
Reed. 6th, Read 13th July, 1708. Holograph. 6| pp. [C.O. 
5, 864. #o. 227; and 5, 912. pp. 452-461.] 

July 6. 20. Council of Trade and Plantations to the Earl of Sun- 

Whitehall, derland. Enclose following for H.M. signature. 

20. i. Draft of Additional Instruction to Governor Lord 
Lovelace. Whereas We have thought fit by Our Order 
in Council of June 26, 1708, to repeal an Act past at 
New York, Nov. 27, 1702 for repealing Acts, etc., and 
to confirm the Act for vacating extravagant grants, 
etc., by the confirmation of which Act, several large 
tracts of land (as by the said Act will more fully appear) 
are resumed to us, and are in our disposal to regrant 
as we shall see occasion, Our will and pleasure therefore 
is, that you may regrant to the late Patentees of such 
resumed grants a suitable number of acres, not ex- 
ceeding 2000 to any one person; and that in such 
grants, as well as in all future grants, there be a 
reservation to Us, Our Heirs and successors, of an 
yearly quit rent of 2/6 for every 100 acres, with a 
covenant to plant, settle and effectually cultivate at 
least 3 acres of land for every 50, within 3 years after 



AMERICA' AND WEST INDIES. 25 

1708. 

ttie same shall be so granted, upon forfeiture of every 
such grant. And for the more convenient and equal 
setting out of all lands to be granted within Our said 
Province of New York, Our further will and pleasure 
is that you, Our Governor, or the Commander in Chief 
of Our said Province for the time being, the Collector 
of Our Customs, Our Secretary, and Surveyor General 
of New York for the time being (the Surveyor General 
always to be one), or any 3 or more of you and them, 
do set out all lands to be hereafter granted, and that 
therein you have regard to the profitable and unprofit- 
able acres, so that each grantee may have a propor- 
tionable number of one sort and the other ; as likewise 
that the length of each tract of land to be hereafter 
granted do not extend along the banks of any river, 
but into the mainland, that thereby the said grantees 
may have each a convenient share of what accommo- 
dation the said Eivers may afford for Navigation or 
otherwise. And to prevent any impediment which the 
production of Naval Stores in Our said Province may 
receive from such grants, you are to take care, that 
in all new Patents for land, there be inserted a clause 
to restrain the grantees from burning the woods to 
clear the land, under the penalty of forfeiting their 
patent, and you are to use your endeavours to procure 
an Act to be passed in the Assembly of Our Province 
of New York for that purpose. And lastly, Our pleasure 
is, that in the said patents, there be likewise a par- 
ticular reservation to Us, Our Heirs, and successors, 
of all trees of the diameter of 24in. and upwards, 
at 12in. from the ground, for masts for Our Royal 
Navy; as also of such other trees as may be fit to 
make plank, knees, etc. for the use of our said Navy. 
[C.O. 5, 1121. pp. 297-300; and 5, 210. pp. 109-111.] 

July 7. 21. Council of Trade and Plantations to the Lord High 

Whitehall. Treasurer. Enclose Office Accounts for payment. See B. of 

T. Journal, July 7. [C.O. 389, 36. pp. 365-367.1 

July 7. 22. Mich. Newman to the Council of Trade and Plantations. 

Temple. He will not be able to attend at the Board upon his brother's 
business for a week etc. Signed, Mich. Newnam. Endorsed, 
Reed. Read July 7, 1708. Addressed, i p. [C.O. 37, 8. No. 
69; and 38, 6. p. 411.] 

July 7. 23. Council of Trade and Plantations to Lt. Governor 

.Whitehall. Bennett. Enclose Orders in Council of June 26 etc. [C.O. 
38, 6. p. 412.] 

July 7. 24. Council of Trade and Plantations to Mr. Bridger. 

'Whitehall. 'Acknowledge letters of March 9 and 13, 1707/8. We are very 

sorry to perceive there is such wast made in the woods; but 



26 COLONIAL PAPERS. 

1708. 

we arc of opinion it may in a great measure be prevented 
by putting in execution the Act for encouraging the importation 
of Naval Stores, and by prosecuting the transgressors of that 
Law; we doubt not but the Governor will give all the assistance 
necessary in a matter tending so much to H.M. service. Since 
you say that Mr. Mico only cutts small masts, and that in 
inclosures, which he might have done : why then did you take 
the bond from him ; we find that you have cancell'd it, but 
you should have explain 'd that matter to us. Your cheife com- 
plaint is against Mr. Plaisted for cutting of masts, (notwith- 
standing his being forbid by you) contrary to the clause of 
reservation in the Charter, and in the forementioned Act of 
Parliament, without haveing H.M. license for the same, which 
is absolutly necessary, tho' a contract be made with the Navy 
Board, he ought therefore to be prosecuted for so doing. And 
we doubt not, if this method be taken, it will effectually prevent 
such waste for the future. In all contracts with the Navy Board 
the time is specify'd within which such contract is to be 
perform'd, and therefore if Mr. Plaisted's contract was expired 
at the time when he cut the masts, you mention, or if he 
had before cut the full number contracted for, then, in either 
of these cases, his pretended license in 1691 is null and void, 
besides, the trees to be cut by any license ought first to be 
veiwed by H.M. Surveyor of the Woods, as is specify'd in the 
said licenses. As to your receiving the fines that may become 
due upon prosecution of this nature, we can give you no par- 
ticular directions therein. But it seems to us reasonable that 
the said fines should be paid into the hands of the .Receiver 
General, till upon your giveing an account of the same, H.M. 
pleasure, shall be known therein. If the masts be cut in H.M 1 . 
woods, they ought to be reserved to H.M., but if they be cut 
within the grants of pryvate persons it may be dificult for 
you to justify your seizing the same, for it will lye upon you 
to prove that they were not under such grants. And we doubt 
not but you have been cautious therein, before you made the 
said seizures. You ought to comply with your Instructions 
in going to New York, so soon as H.M. service will permit. 
As to the bills you have drawn for your travelling charges etc., 
that matter does not properly appertain to us ; but you may 
remember that when you were here, and solicited at the Treasury 
for a summ to be alowed you for travelling and other incident 
charges, that was not comply 'd wifch there ; and therefore you 
ought not to have drawn such Bills without leave from the 
Treasury for so doing. We are laying before H.M. the sub- 
stance of what you have writ to us in relation to the waste in 
the woods, and so soon as H.M. pleasure shall be declared 
thereupon, you will have timely notice. We have as you de- 
sired laid before H.R.H. a copy of your letter, but we find that 
he has received the like from yourself, which you ought to 
have informed us of. You say that one reason for the decrease 
of the importation of Naval Stores from New England is the 
Navy's not paying the premiums according to the Act of Parlia- 



AMERICA AND WEST INDIES. 27 

1708- 

ment ; upon which we must take notice that this is a misinfor- 
mation, for you will perceive by the inclosed account from the 
Custom House what certificates have been allow'd of the goodness 
of Naval Stores from the commencement of the foresaid Act 
of Parliament to Nov. 29, 1707 ; and we have been informed 
by the merchants who import Naval Stores, that they 
have received bills from the Navy Board accordingly, which 
bills will be paid in course; so that upon strict examination 
we don't find that the said premium was ever refused to the 
importers of such Naval Stores; however, we shall further 
consult the said merchants, in order to the better promoting 
the importation of Naval Stores from the Plantations, as much 
as possible. [C.O. 5, 912. pp. 444-448.] 

July 7. 25. Governor Parke to the Council of Trade and Plantations. 

St. Christophers. I had the honour to receive yours dated Aprill 15th, relateing to 
the Affrican Company. I have just now sent to their Agent at 
Antigua to draw out an accompt as your Lordships desire; as 
to this Island, there never was any Agent ; their agent that was 
at Nevis before it was plundered is dead, and I am afraid his 
books lost when that Island was plundered, and since I came 
there has been no negroes brought there by the Company ; and 
onely one small vessell by private trade, at Mountserrat there 
has been none ; at Antigua the Company has had one ship 
and two small sloops, this is of my owne knowledge ; but as 
soon as I can persuade the Agent to do it I shall send your 
Lordships the accompt as I am ordered. 'Tis true I have 
an instruction relateing to the Affrican Company to assist them 
in the recovery of their debts and to send yr. Lordships ,un 
acct. of what negroes imported; accordingly some little time 
after I came I sent to Mr. Chester their Agent to send me 
the accompt, he sent me a proud answer that he had no orders 
from the Eoyall Company to obey my orders, but some time 
after he sent me a lame imperfect accompt of one vessell 
onely. which I did not think fitt to trouble your Lordships with. 
I told him what orders I had, he said he had nothing to do 
with the Committee for Trade. I told him he was very imper- 
tinent, and in returne he told me he would not change his 
post for mine, for that he got twice as much mony, and had 
less to do, and was not obliged to the fateigue of goeing 
from Island to Island ; this was at my first arrival!, which made 
me think I had a strange sort of people to deal with, but 
resolveing to make myself easy took no further notice of it, 
but took all occasions to let him know I would give him 
all manner of encouragement. Sometime after I went to St. 
Kitts, and from thence writt to him to send me downe -0 
negro -women out of the first ship that came, and left the 
price to him, accordingly he sent me 20, one of which died 
before they were ship'd, and in two month's eight more died., 
and yet he charged me 800, which was 300 more than I could 
have had the best negroes from Barbados, and made it his 
braggs to the rest of his chapmen how he made me pay more 



23 COLONIAL PAPEBS. 

1708, 

then them. I sent for severall other things from him as I 
wanted them, he being our greatest merchant, and he charged 
me in proportion for everything as he had for the negroes, 
and I did not know how I was to be used untill I camel to 
settle accompts with him, which was not long since, and then 
as a very great favour he gave me credit for 150 as an 
abatement, whereas in his whole accompt he had charged me 
4 or 500 more than anyone else would have done. I would 
have writt home to the Company, but I thought it might be 
ill construed, and that they would be apt to think I had ai 
mind to quarrell with their Agent except he lett me have negroes 
at my owne price ; nor had I writt this story to your Lordships 
now but to lett you know it has not been my fault you had 
not the accompt sooner; The minutes of all the Councills have 
been sent your Lordships from my arrivall to the first of 
this month, and an accompt of all the stores ; if your Lordships 
does not receive duplicates, 'tis not my fault, I have much 
ado to gett those I send ; the officer that has charge of the 
stores has no reward, he is onely excused doing duty in the 
Millitia: and the several Deputy- Secretarys gett so little by 
their places 'tis hardly worth, their while to keep them, and 
if I should suspend them, I know not where to gett others 
to put in. As to the Treasurer of Antigua, he tells me his 
accompts with the Assembly every yeare, and has his discharge, 
and is not obliged to have whole books transcribed. If I 
will be at the expense of doing it, I may (which cost me in 
this place at least 50.) Your Lordships may see in the Minutes 
what paines I took to gett a law for holding Courts, but to 
no purpose ; how the law they have at present came to pass 
here and at home, I cannot imagine, had I passed such a 
law, I should have thought I deserved to lose my head ; for by 
it every freeholder has the same priviledge as a Peer of Eng- 
land, his person is to be sacred, and by it no poor man is 
aible to sue, nor can any one in England by his Attorney 
hardly ever recover his due here (as Mr. Dumma and Mr. 
Baron will be able to informe you), and when judgement 
is obtained, 'tis two yeare before you can come to levy an 
execution upon anything that may do you good; there is no 
help for it but an Act of Parliament that I know ,of ; for 
they pretend the Queen can't repeal it, and I am sure they 
never will. P.S. Inclosed I send your Lordshipps the imports 
and exports of this Island, and allso an Adress to the Queen, 
wch. we beg your Lordshipps to present. Signed, Daniel Parke. 
Endorsed, Reed. Sept. 17, Bead Oct. 28, 1708. 3 pp. [C.O. 
152, 7. A 7 o. 58; and 153, 10. pp. 205-209.] 

July 7. 26. Council of Trade and Plantations to Col. Jenings. 

Whitehall. Acknowledge letter of March 26, giving us an account of the 
peaceable state of the Colony under your care, with which we 
are very well satisfyed, and doubt not but by your prudent man- 
agement the attempts any Indians may make to give you disturb- 
ance will be frustrated. And in relation to the enemy's privateers, 



AMERICA AND WEST INDIES. 29 

1708. 

we hope ye convoy yt. sail'd hence some time ago will effectually 
protect ye coast of Virginia during their stay there. r (?.O. 
5, 1362. p. 297.] 

July 7. 27. Wm. Lowndes to Mr. Popple. Encloses following 

Treasury papers concerning Mr. Keble's petition for the consideration 

Chambers. of ^ Council of Trade and Plantations. Set out, New Jersey 

Archives 1st ser. iii., 329, 341-343. Signed, Wm. Lowndes. 

Endorsed, Reed. Read July 7, 1708. Addressed. 1 p. Enclosed, 

27. i. Proposals of John Keble etc. in explanation of his 
petition, cf May 27, June 7, 1708. Endorsed as pre- 
ceding. 1 p. 

27. ii. Certificate in favour of Mr. Keble. Signed, Jos (?) 
Evans, of New Jersey, Wm. Penn, Jno. Finney and 
James Thomas of Pena., Evan Evans, Minister of 
Philadelphia, f p. 

27. iii. Certificate of R. Dennett, Soap-maker, as to the 
good quality of 2 barrels of American pot-ash made 
by John Keble. Signed, Robert Dennett. p. 

27. iv. Certificate, similar to preceding, signed by the same 
and six other soapmakers of London, p. 

27. v. Commissioners of Customs to the Lord High Trea's- 
urer. Enclose following. Continue: If the manufacture 
of potashes can be brought to perfection in the Plan- 
tations, it will be a usefull trade, and of publick 
benefitt to the Kingdome. Custome-house, London. 
July 1, 1708. Signed, Sam. Clarke, T. Newport, Jo. 
Werden, J. Stanley, M. Dudley. 1 p. 

27. vi. Imports and Exports of Pott and Pearl Ashes. In- 
spector General's Office, June 29, 1708. From East- 
Country, 1704-1706, total, 8,192,4941b. at 2d. to 3R 
per Ib. Holland, 28,135. Ireland (1704) 14,581. 
Russia, 1,637,600. Sweden (1706) 7,040. New Eng- 
land (1705) 250. 'Pennsylavia (1704) 630. Prize- 
goods (1705) 2016. Germany, Pearl-ashes, 295,386. 
Total import, for 3 years, 10,178,1321b. Value, 127,226*. 
13s. 1 p. [C.O. 5, 970. Nos. 76, 76.i.-vi.; and 
(without enclosures ii., iii., iv., vi.) 5, 994. A. pp. 
451-453, 456-458.] 

[July 8.] 28. Mr. Keble's Addition to above proposals. Proposes to 
pay H.M 1 . 6d. a bushel for the salt he makes. "My patent for 
salt-making I apprehend the cheif-foundation towards carrying 
on of my pott- ash works." The transporting 16 servants will 
not amount to above 80, which he craves may be allowed him, 
etc. Signed, John Keble. Endorsed, Reed. Read July 8, 1708. 
| p. [C.O. 5, 970. No. 78; and 5, 994. p. 458.] 

July 8. 29. Council of Trade and Plantations to the Queen. Report 

Whitehall. O n the case of Alexander Skene (cf. Aug. 13, 1705 etc.) Summarize 

evidence given supra. Upon the whole, we humbly represent 

that the first Article, relating to his being concerned in the 



30 COLONIAL PAPEBS. 

1708, 

taking of the said Lee by force from off Barbados, is not fully 
proved, there being but the single affidavit of Capt. St. Loe, 
which consists chiefly of hearsaye. The second article, relating 
to his taking 17/6 and 3/9 from Masters of ships for liberty 
to sail has been fully proved by depositions and Skeen's answer 
thereto, except that he takes no notice of the 3/9, for the 
Minute of Councill of Barbadoes, which he referrs to, of Nov. 
21, 1704, we observe, that it was made 6 months after Skeen's 
having taken the fees abovementioned, so that we do not see 
how it can be of any use towards his justification; and there- 
fore we humbly represent to your Majesty, that the obliging 
Masters of ships to petition for liberty to sail, and the exacting 
of fees for the draughts of such petitions and licences to 
sail, are new impositions, and a burden upon trade ; and we 
humbly offer that your Majesty be pleased to signify to thle 
Governor of Barbadoes your dislike thereof, that such evil prac- 
tices may be prevented for the future. As to the Article re- 
lating to Skeen's receiving 210, for procuring a fleet to be 
stop't which was ready to sail, we observe that in his answer, 
(which is not upon oath) he seems rather to evade his having 
received the said summe, than to give any direct answer in 
that point, and refers himself to his tryal, by which we find 
he does not make any answer to that part of Guy Ball's 
affidavit, nor is there once mention made on the part of Skeen 
of such summ either received or not received by him ; Notwith- 
standing Skeen has been tryed and acquitted by his Jury, yet 
from what has appeared to us from the aforesaid affidavits, 
and a due observation made upon the said tryal, we are humbly 
of opinion that the said Skeen is guilty of having exacted unusual 
fees from Masters of ships, and of bribery in taking the 210 
aforementioned. [C.O. 29, 11. pp. 272-280.] 

July 8. 3O. Council of Trade and Plantations to Governor Dudley. 

Whitehall. Enclose duplicate of April 15. Your last was dated Oct. 10, 
1707. Refer to Mr. Bridger's letters of March 9 and 13. We 
must desire you to give him all incouragment and assistance 
in his prosecutions of the persons so offending, and that you 
do use your best endeavours with the Assembly to pass an 
Act with sufficient penalties on all such persons as shall presume 
to cut masts, contrary to the clause of reservation in the said 
Charter. As to what you write touching the want of Counsellors 
and recommending Messrs. Waldron, Hilton and Smith for the 
Council of New Hampshire, we have some time since represented 
the same to H.M., who has been pleased by her Order in Council 
to approve of the said persons. And we have acquainted Mr. 
Chamberlain therewith, that he might take out the said orders, 
and transmit them to you for their admission into the said 
Council accordingly. 

P.S. Whereas we have been informed amongst other things 
by Mr. George Vaughan, Agent for New Hampshire, that the 
Indians from Canada, watching all oppertunitys to murder H.M. 
subjects in New Hampshire, and when they have so done, strip 



AMERICA AND WEST INDIES. 



81 



1708. 



off the scalp of the head and cary them to the French' at 
Canada, where they receive a reward of 5 for every scalp 
so brought in ; this is so barbarous and inhuman that it ought 
by any means to be prevented, and therefore you ought imme- 
diatly to write to the Governour of Canada and signify to him 
that unless he forbear to incourage sudh barbarities, and do 
not effectually prevent it, you shall be obliged to make reprisals, 
and to treat all the French that shall fall into your hands with 
tha utmost severity. [0,0. 5, 912. pp. 448-451.] 



July 8. 31. Certificate that Capt. Gookin has given security for 

observing the Acts of Trade, etc. Signed, Hen. Stevens, D. 
Eembr. Endorsed, Eecd. Bead July 8, 1708. p. [C.O. 
5, 1264. No. 50; and 5, 1292. p. 65.] 

July 8. 32. Council of Trade and Plantations to the Queen. Refer 

Whitehall, to Mr Penn's Declaration (July 2) and Capt. Gookin's bond 
(July 8), and recommend the latter accordingly for H.M. appro- 
bation as Dep. Governor of Pensylvania, without limitation of 
time, and of the three lower Counties during H.M. pleasure 
only. "We do further humbly lay before your Majesty a draught 
of Instructions for Mr. Penn relating to the Acts of Trade, to 
the like effect as have been given to him and all other Proprietors 
of Plantations upon the like occasion." [C.O. 5, 1292. pp. 
65, 66.] 

July 10. 33. Governor Dudley to the Council of Trade and Plan- 
Bostou. tations. I am not willing to omit any opportunity humbly to 
acquaint your Lordpps. with the state of H.M. Provinces, as 
my duty is ; tho. there is nothing of moment since my last 
publick accounts of the year by H.M.S. Deptford. We have 
some little mischiefs amongst our fishermen by the French 
privateers, and our neighbours of Quebec have been looking 
upon our frontiers ; but our partys upon the borders are so 
diligent and careful that we have suffered no considerable loss 
these nine months past. The Assemblymen, or Representatives 
of this Province, are chosen every year against the General 
Assembly for Election of Councellours, holden in May as the 
Charter directs ; and it was observed this year that there was 
a considerable alteration more than usual in that House, and 
accordingly when they came to the Election of the Council, 
they shewed their temper and left out three principal Gentlemen 
of the Council of approved loialty and of the best estates in 
the Country, and brought in others of a much less character. 
Out of the whole number of 28, by virtue of H.M. Prerogative 
of right, and as is usual I refused two of that election, and 1 
they chose two others, and so the Assembly proceeded to their 
buisness. Amongst other things offered them for H.M. service, 
I had observed that, notwithstanding the provision in the Charter 
for tha preservation of H.M. Woods and great timber, several 
wasts had been made, and when the Surveyor presented the 



32 COLONIAL PAPERS. 

1708. 

delinquents, it was objected that there was no law of the 
Province agreeable to the Charter; I therefore offered such 
a law in the words of the Charter, (copy inclosed), which 
was soon agreed in Council; but the Eepresentatives refused 
it ; I again returned it to their consideration, as being the 
words of the Charter, and enforced it with a letter of his 
late Majesty King William lying on file, directing that such a 
Law should be enacted. They again and finally refused it, to 
the great prejudice and dishonor of H.M. rights arid most 
valuable interest. In the same session they presented the Coun- 
cil with a list of grievances, to which, the Council made answer, 
the copys of both are inclosed, and I am humbly of opinion 
the reading of them will justify me before H.M. If the defence 
of H.M. fortifications and small expence upon H.M. Birthday, 
and a troop of guards attending the Governour thro' the depth 
of the Country in sight of the Enemy be grievances, I humbly 
submit myselfe to H.M. censure. Soon after, they sent in 
their votes to have 200 paid to the Governour for his support, 
and 225 for the Treasurer, who is a person chosen by them- 
selves. The Council sent back their votes, earnestly moving they 
would put a greater honour upon H.M. Governour than upon 
their own Treasurer ; but could obtain no alteration in those votes : 
the Gentlemen of the Assembly, alledging that they must some- 
times make alterations in their grants of money, otherwise it 
would looke as if it were a salary, which they resolved to avoid. 
Tho' H.M. has often repeated Her commands since my coming 
hither that a setled salary should be established for her Gov- 
.ennours, which they have as often denyed. I will trouble 
your Lordships with one Article more. I moved the Council and 
Assembly to Address H.M. upon the Union and any other 
affaires of their own that they might have to offer. The Coun- 
cil thereupon sent the Eepresentatives an Address upon the 
Union, and votes to joine their Committees in any other affaire; 
which have been usual in all times past; This they refused: 
and since they rose, I am informed they have sent away fin 
Address from that House alone ; when it seems in their long 
session they had reduced them from 77 members to about 
40, and of them about twenty-two or three agreed this Address; 
the Governour and Council being perfectly ignorant of what is 
contained therein. I most humbly pray your Lordships' con- 
sideration of what is foregoing, and if anything be inconvenient 
in that Addresse or other thjeir Papers, it may not be attributed 
to myselfe or H.M. Council, but truly, as it is, of a few men 
that are displeased and restless ; who are also put forward by 
some persons attending at Whitehall in hopes of removing me 
from my station. The value of my Office will make nobody 
fond of it; but I am not willing (if I may have H.Ml. favour) 
to be by such methods bubled out of an Honourable Post: 
wherein I have served H.M. faithfully with all diligence arid 
acceptance of the People; and doubt not for the future of so 
doing, if H.M. shall be so graciously pleased. Signed, J. 
Dudley. Endorsed, Eecd. Eead Nov. 29, 1708. 3 pp. Enclosed, 



AMERICA AND WEST INDIES. 33 

1708. 

33. i. Minutes of the Council and Assembly of the Massa- 
chusetts Bay, June 24, 28, 1708, relating to an Address 
to H.M. The Council propose a joint Committee ,to, 
prepare the heads of th& Address, not thinking it reason- 
able that either House should be tied up to heads pro- 
posed by one House singly. Referred to in preceding 1 ,. 
Endorsed, Reed. Nov. 16, Bead Dec. 17, 1708. 1 p. 

33. ii. Resolves of the Assembly of the Massachusetts Bay, 
granting 200 for the Governor's support, and 225 
for the Treasurer. July 3, 1708. Referred to in pre- 
ceding. Same endorsement. 1 p. 

33. iii. Minutes of the Council and Assembly of the Massa- 
chusetts Bay, July 1, 2, 1708. (a) Grievances sent 
up. Complain of money being spent (1) on men for 
looking after Salem, Marblehead and Charlestown forti- 
fications, (2) on illuminations at the Council Chamber 
(3) entertaining the Court Martial in Sept. (4) paying 
Capt. Southack 40s. more per month than any sea 
commander (5) allowing large sums for the support of 
the Governor and his guards eastward into N. Hamp- 
shire without the concurrance of the House. Complain 
that the President of the Colledge is not dismissed 
from his places of Judge of Probate and Justice of the 
Peace, whereby he is hindred from devoting himself 
entirely to that work. Signed, Thomas Oliver, Speaker, 
(b) Reply of the Governor and Council. (1-3) The 
sums referred to are very trivial. The first is in accord- 
ance with the object of the vote as declared by the 
Representatives themselves. The second for the cele- 
bration of H.M. Birthday, Coronation and Accession'. 
The third for an enquiry into the miscarriage of the 
expedition to Nova Scotia. (4) Capt. Southack is paid 
less than the English, establishment for a ship of the 
same rating. (5) The "large sums" amount to 60 
for several journeys in one year. It is necessary that 
the Governor should visit the forces defending the 
Eastward part of the Province etc. Same endorse- 
ment. 2f pp. 

33. iv. Copy of a Bill, proposed by the Council and rejected 
by the Assembly of the Massachusetts Bay, June, 1708, 
for the better providing of masts of H.M. Navy. Same 
endorsement. 2 pp, [C.O. 5, 865. Nos. 6, 6.i.-iv. ; 
and (without enclosures) 5, 913. pp. 30-35.] 

July 11. 34. Two Orders of Queen in Council, appointing Councillors 
Windsor, for Nevis and St. Kitts, as proposed July 1. q.v. Signed, 

Wm. Blathwayt. Endorsed. Reed. 16th, Read 19th Nov. 1708. 

2 pp. [C.O. 152, 7. Nos. 62, 63; and 153, 10. pp. 216-219.]' 

July 11. 35. Order of Queen in Council. John Rayner is to be 

Windsor, appointed Attorney General of New York in place of Sampson, 

Broughton etc. Signed, Wm. Blathwayt. Endorsed. Reed. 

Wt. 11522, CP3 



34 



COLONIAL PAPERS. 



1708. 



July 12. 

Windsor. 



Juh 13. 



Read Aug. 23, 1708, 1|- pp. 
1121. p. 324.] 



[C.O. 5, 1049. A 7 o. 93; and 5, 



36. H.M. Warrant to Governor Lord Lovelace for the 
appointment of John Rayner as Attorney General of New York 
etc. Countersigned, Sunderland. Endorsed, Reed. Read July 30, 
1708 Copy. 1 p. [C.O. 5, 1049. No. 89; and 5, 1121. pp. 
314, 315; and 5, 210. pp. 107, 108.] 



37. Council of Trade and Plantations to the Earl of Sun- 
Whitehall, derland. Enclose Representation, recommending Capt. Gookin 
(July 8), to be laid before H.M., "not knowing when there will 
be a Council, and that the said Gookin may not lose the oppor- 
tunity of transporting himself to Pensylvania, with the Lord 
Lovelace, who is on his departure for New York" etc. [C.O. 
5, 1292. p. 67.] 

July 13. 38. Council of Trade and Plantations to Mr. Secretary 
Whitehall. Boyle. Reply to July 4. We find no precedent of a salary 
being settled here upon foreign clergymen in the Plantations, 
only that at New York the French Minister there has a salary 
of 20 out of the Revenue. But as the said Kocherthal is very 
poor and the Lutherans, who go over with him, are not in a 
condition to make him any allowance, we humbly offer that 
Lord Lovelace have directions to grant him a reasonable portion 
of land for a glebe etc., and that he be allowed 20 for his 
voyago etc. Set out, New York Docs. v. pp. 62, 63. q.v. '[C.O. 
5, 1121. pp. 303, 304.] 

July 13. 39. Mr. Solicitor General to the Council of Trade and 
Plantations. Reply to June 11. In answer to the first quaere, 
my humble opinion is, that since the Statute of the 15th of 
Charles II does expressly require all Masters of ships coming 
to the Plantations to make known their arrivall, and give in an 
inventory of their goods to the Governor there or such officer 
as shall be by him thereunto authorized and appointed, before 
any goods be unladen, that the appointment of this Officer, who 
is now called the Navall Officer, does solely belong to the 
Governor of such Plantations ; and therefore if the Crown con- 
stitute a person to execute this office, and the Governor appoint 
another person; I think all Masters of ships will be oblidged 
to apply to the Navall Officer appointed by the Governor ; and 
the patentee will not be in such case impowered to doe the 
things required by such Officer mentioned in the said Act of 
Parliamt. (2) I hold consequently that the said office can never 
be said to be full by vertue of Letters Patents from the Crowne. 
(3) I don't think the present Governor can be said to have 
dispossessed Mr. Cox of the said office by appointing a Navall 
Officer ; because if Mr. Cox was not appointed by the Governor, 
he never was the Officer mentioned in the Act of Parliament, who 
is described to be one that is authorized and appointed by 
the Governor; but in regard the Governors of the Plantations 



AMERICA AND WEST INDIES. 35 

1708. 

are put in by the Crown only during pleasure, I take it for 
granted no one will make any difficulty in appointing such 
Navall "Officer as the Crown shall best approve of. Signed, Jas. 
Mquntague. Endorsed, Eecd. 10th, Bead 20th Aug., 1708. 
Addressed. 3 pp. Enclosed, 

39. i. Copy of June 11, 1708. C.S.P. No. 1539. 
39. ii.-v. Copies of clauses in Acts of Parliament, for the 
encouragement of Trade, etc., and the preventing frauds, 
etc., and in Governor Crowe's Instructions. 9 pp. 
[C.O. 28, 11. Nos. 12, 12.i.-v. ; and (without en- 
closures) '29, 11. pp. 293-296.] 

July 13. 40. Council of Trade and Plantations to the Earl of Sun- 
Whitehall, derland. Reply to letter of July 6. Refer to Order in Council 
concerning Seals May 31, 1702 (C.S.P. 1702. No. 555). Pur- 
suant to the said Order Mr. Harris, then Seal-cutter to H.M., 
frequently attended this Board in order to make the proper 
alterations, and as it will be necessary that the present seal- 
cutter do attend us from time to time, we offer that he may 
have a general warrant for preparing Seals for H.M. Provinces 
of New Hampshire, the Massachusets Bay, New York, New 
Jersey, Maryland, Virginia, Jamaica, Barbados, the Leeward 
Islands, and Bermuda, pursuant to the directions he shall re- 
ceive from H.M. Commissrs. of Trade and Plantations in that 
behalf. [C.O. 324, 9. p. 219.] 

July 13. 41. Circular Letter from the Council of Trade and Plan- 
Whitehall. tations to the Governors and the Proprietors of the Plantations. 
We inclose an additional Instruction in pursuance of several 
Acts past here, relating to Trade and Navigation, [see June 29, 
1708] : and you are to take care and give the necessary directions 
that the true intent and meaning of the said Instruction be 
punctually and duly complied with in your Government. [C.O. 
324, 9. p. 220.] 

[July 14.] 42. Receipts by Mr. Popple and Mr. Kocherthal for 100 
for ths use of the German Refugees June 4-July 24. Of. May 
10, 1708. Signed, Wm. Popple, Joshua de Kocherthall, San 
Jacob Plattell. 1 p. [C.O. 5, 1049. No. 81.] 

July 15 43. W. Popple to W. Lowndes. Report upon the proposals 

Whitehall, of John Keble (see July 7), to be laid before the Lord High, 
Treasurer. Their Lordships are of opinion that pott-ashes being 
a commodity so absolutely necessary here, the setting up of 
pott -ash works in the Plantations will be of very great ad- 
vantage to this Kingdom, besides the particular advantage it 
will be to H.M. in her Revenue of the Customs ; and therefore 
such a work ought to be incouraged as much, as may be: 
for the returns for the American pott-ashes will be made in 
the woolen and other manufactures of this Kingdom ; whereas 
at present all the pott-ashes we have from the Czar of Mus- 
covy's Dominions are paid for two-thirds in mony and but one 



36 



COLONIAL PAPERS. 



1708. 

third in goods, whicih is a great disadvantage in our trade. 
Recommend that credit be given to Keble for 200 upon se- 
curity, etc. and that he be allowed the transportation of 16 
servants at 5 per head. As to his patent for making of 
salt, their Lordships have nothing to offer, till they receive the 
certificates he has promised. Set out, New Jersey Archives 1st 
ser. iiL 347. [C.O. 5, 994. pp. 459-462.] 

[July 15.] 44. H.M. Licence to Francis Collins to cut timber in New 

Kensington. England in pursuance of his contract to load three ships per 

annum with masts for the Navy, for five years. May 31, 

1707. Countersigned, Godolphin. Endorsed, Reed. Bead July 

15, 1708. If pp. {C.O. 5, 864. No. 230.] 



July 15. 

London. 



July 15. 
Whitehall. 



July 15. 
Whitehall. 



July 16, 

Admiralty. 
Office. 



July 16. 

Custom- 
house. 



45. List of guns and stores wanting at New Hampshire. 
Signed, Geo. Vaughan. Endorsed, Reed. Read July 15, 1708. 
I"! PP- L c -- 5 > 864 - No - 229 -l 

46. Council of Trade and Plantations to the Earl of Sun- 
derland. Report upon petition of Mathew Newnam (c/June 27, 
1707.) Wee find that he has been guilty of threatening and 
abuseing of the Governor, Judges and Justices of the Peace, 
in Bermuda, in a very gross manner, and that he has been a 
frequent disturber of the peace there; and we pray your Lord- 
ship to represent to H.M. our humble opinion that notwith- 
standing the said Newnam's behaviour, the bail in 500 de- 
manded of him for his appearance, and the fine of 100 
imposed on him considering his circumstances, are both of them 
excessive, and contrary to the Bill of Rights. And we further 
humbly o^er that in regard the petitioner has now lain in 
prison near upon two years, which may be a sufficient punish- 
ment for his crime, H.M. be pleased to extend her mercy 
to him by remitting his said fine, and by directing the Governor 
to release him out of gaol, upon condition that the petitioner 
either depart the Island within a reasonable time, or that he 
give sufficient security for his future good behaviour, himself 
to be bound in 100, with two suerties in 50 each. [C.O. 38, 6. 
pp. 413-415.] 

47. W. Popple to Josiah Burchett. Encloses 30 copies of 
H.M. Proclamation, June 26, to be dispersed and published by 
Capt. Chamberlain, H.M.S. Advice, in the Harbours of New- 
foundland etc. [C.O. 195, 5. pp. 57, 58.] 

48. J. Fawler to W. Popple. Reply to preceding. The 
necessary instructions are given to Capt. Chamberlain, etc. 
Signed, J. Fawler. Endorsed, Reed. Read July 19, 1708. Ad- 
dressed. p. [C.O. 194, 4. No. 72 ; and 195, 5. p. 5S.] : 

49. Mr. Carkesse to Mr. Popple. Encloses following 
Signed, Cha. Carkesse. Endorsed, Reed. Read July 19. 1708. 
Addressed. ^ p. Enclosed, 



AMERICA AND WEST INDIES. 



37 



1708. 

49. i. The Collector of Cowes to the Council of Trade and 
Plantations. July 12. We have not here any ships 
employed in the Fishery at Newfoundland. Signed, 
Tho. Cole etc. p. [C.O. 194, 4. Nos. 73, 73. i.] 

July 17. 50. Royal Warrant to John Roos for making new seals 
Windsor, for the Plantations in America, etc. ; as proposed July 13. 

Countersigned, Sunderland. Endorsed, Reed. Read Aug. 3, 1708. 

1 p. [C.O. 323, 6. No. 67; and 5, 751. No. 76; and 324, 

9. p. 248.] 

July 19. 51. W. Popple to W. Lowndes. Encloses copy of Mr. 
Whitehall. Byerley's letter of Dec. 13, 1707, for the Lord High Treasurer's 
directions thereupon. [C.O. 5, 1121. p. 308.] 

July 19. 52. W, Popple to Thomas Byerley. Acquaints him with 
Whitehall, above procedure. Lord Lovelace is now on his departure, and 

will no doubt put an end to the hardships you complain of, etc. 

[C.O 5, 1121. pp. 308, 309,] 

July 19. 53. The Earl of Sunderland to Governor Handasyd. Recom- 
mends the bearer, Don Pietro Marino Sermain, going to the 
Spanish West Indies with intention to do service there to his 
lawfull King Charles III, and to the common cause, etc. Signed, 
Sunderland. [C.O. 5, 210. p. 118.] 

July 19. 54. Council of Trade and Plantations to the Earl of Sun- 
Whitchail. derland. Mr. Vaughan, Agent for New Hampshire, having 
laid before us a Memorial of the state of that Province, jand 
acquainted us that he has presented to H.M. by your Lordship 
some Addresses relating among other things to their want cf 
stores of war, we take leave to acquaint your Lordship that 
the circumstances of that Province are such as do require 
a speedy supply, and therefore we desire your Lordship would 
receive H.M. pleasure upon the said Addresses as soon as 
conveniently may be. [C.O. 5, 912. p. 462.1 

July 20. 55. W. Popple to Wm. Lownds. Encloses extract of Gov- 
Whitehall. ernor Dudley's letter relating to the commissions of the Collector 
and Comptroller of Customs at Boston, for the Lord High 
Treasurer's directions thereupon. [C.O. 5, 912. p. 480.1 

July 20. 56. Governor Handasyd to the Council of Trade and Plan- 
Jamaica, tations. I am to own the receipt of your Lops, of Jan. 29, 
March 25 and Aprill 15. As to the 6 cruizing ffrigots, my 
meaning is 6 very good sailers, 3 of which I would always 
have out, 2 of them to cruize to windward to keep the coast 
clear, the other to be with; the trading vessells either at Porto 
Bell or Carthagene ; and the other 3 to lie ready carrened in 
.harbour to go out upon their return, the least of them I 
think ought to be from 40 odd to 50 guns: This will keep the 
coast clear of French traders, they being seldom strong enough 



38 COLONIAL PAPERS. 

1708. 

to do such a Force any damage, and when they are, we may 
depend on our sailing. I dare not venture to give your Lops. 
my opinion what ships are necessary to guard the Island, or 
convoy the trade from Great Britain here, and from hence 
back, for fear any accident should happen contrary to my 
expectation, but must leave that to your Lops, and people of 
better judgment than myself e, who know better what the Enemy 
are doing in Europe than I can here. As to the Councellors, 
I can say no more than that it has been a custom for the 
Council I to have the same priviledge the Assemblys have, which 
I look upon to be no more than fformality, for I have always 
told them, that neither myselfe nor any of them, as long as 
I am in the Government should be protected from paying their 
just debts, and I must do them that Justice, that I think there 
are not any of them that stand in need of it, nor have been 
protected for these 7 years past, that I have been in the 
Island ; and I dare venture to give your Lops, under my hand, 
that whoever has informed you of anything like it, has said 
what is not just. I enclose a list of the Patent Offices of 
this Island, with tfhe value of them, which is the account 
that the Patentees or Deputys have themselves given me in; my 
opinion is, that most of them make more of their Offices, 
but not near what they are generally adjudged to be worth, 
living here being of great expence, an'd I do not see that any 
of them save inony. As to your Lops.' of Aprill 15, in relation 
to tho Negro trade, here have been so many different Officers in 
the Offices concerned in that affair, that it is impossible to give 
your Lops, full information of it, from the time your Lops, 
would have it, by this opportunity, but I hope to send you a 
satisfactory account per the next packett, with the best remarks 
upon it that I can make. I herewith send your Lops, a 
list of the galleons, and the other vessells that were with them, 
when they were attack'd by Mr. Wager. I understand Mr. 
Wager intends to bring the two Captains that were then with 
him to a triall, as soon as the ships expected from great 
Britain arrive, that they may be able to make up a Court 
Martiall : By the account that I have had from my own Officers 
that were on board those ships, and the Lieutenants of them, 
Mr. Wager has had very foul play, but that will be best 
known when the Court Martiall meets. The traders that are 
lately come from Porto Bell, say, that the Spaniards laugh at 
them and tell them that two of our men of war, one of 60, 
the other of 50 guns, dare not attack their Vice Admirall of 
64 guns, that they only ffired now and then their chase gunns 
at him, and then sailed ahead of him and gave him their stern 
gunns, at so far distance as not to do him any damage, and 
never came up to give him a broadside. This talk is enough 
to concern any true Englishman. I humbly begg leave to 
offer one thing as my opinion, that if H.R.H. thought fitt> 
that a third part of the Courts Martiall held at sea upon such 
occasions as this, should consist of Lieutenants, it wou'd tend 
very much to the advantage of H.M. service. As to Monsieur 



AMERICA AND WEST INDIES. 39 

1708. 

du ' Cass, I cannot learn from any hand whether he is yet 
sailed with the fflota and other ships, hut it is my opinion 
he would not stay long after the hearing this news. As to 
the Spanish ships at Carthagene, I do believe none of them will 
endeavour to join Monsieur du Cass or stir from thence till 
flurthe.- orders from Old Spain, because all the Directors of 
those affairs were on board the Spanish. Admiral! that blew up, 
of which the chief man that was saved was the Admirall's 
Coxon, and with him only 10 men. As to other particulars, 
I shall not presume to trouble you with common Eeports, 
since Mr. Wager is now here, who was an eye witness to 
everything, and has promised to give a very exact relation 
of it to H.M. and H.R.H. About 3 weeks ago we received 
advice of 9 ships at Port Rico, supposed to be Spaniards that 
were expected from Old Spain; upon which Mr. Wager desired 
me to spare him 50 soldiers to man 3 ships that were then 
ready for sailing to endeavour to meet with them betwixt the 
Capes, which were immediatly sent aboard, and the ships sailed 
the next day. I hope if they meet with them, we shall have 
a good account of them. In 3 weelts or a month's time we 
shall have a very good magazine, that is bomb proof finished 
at Port Royall, which I have been endeavouring to get done 
ever since my coming into the Country, but could never accom- 
plish it till this year. I have received 20 recruits by this 
packett-boat, and expect the remainder by the next. I believe 
H.M. Regiment under my command will then be compleat. I 
lost 4 or 5 men in the engagement with t'he galleons, having 
then on board Mr. Wager's squadron 170 men. As to Mr. 
Wager, I begg leave to say this of him that I have never 
known a man more diligent, or more zealous for H.M. ser- 
vice, he being ready on all occasions to advise in every thing 
that may tend to the welfare of great Britain, and the good 
of this Island, so that I think it a pleasure to be concerned 
with him. 

P.S. If there can be a method found out to prevent the 

French trading to Lima, and the South Seas, trade here will 

soon be in a flourishing condition. Signed, Tho. Handasyd. 

Endorsed, Reed. Sept. 17th, Read Oct. 28, 1708. 4 pp. Enclosed, 

56. i. List of Patent Offices in Jamaica and salaries in 

Jamaica mony ; ; 

Attorney Generall: Robt. Hotchkyns 80. 

Receiver Generall: Leonard Compere 300, of which the 
contingent charges amount to at least 160. 

Secretary: John Baber 800, contingent charges 200. 

Provost Marshall: Richd. Rigby 500, contingent 150. 
In time of martial law the office has no fees, 
and is of charge. 

Clerk of the Pattents and Register in Chancery: Arthur 
Wynter '200. 

Clerk of the Crown and Peace: Henry Needham 70. 

Clerk of the Grand Court: Thomas Cotton 500. Con- 
tingencies, 150. 



40 



COLONIAL PAPERS. 



1708. 

Navall Office : William N orris 150. - Endorsed as pre- 
ceding, 1 p. 

56. ii. List of the Galleons etc. met by Commodore Wager, 
with 3 men of war and a fireship, between the Brew 
and Friends Islands, May 28, 1708: St. Joseph, 64 
guns, 600 men, Count de Cass Alegre, Admiral. Blew 
up in the engagement. St. Joachim, 64 guns, 500 
men, Don Michaell Augustine de Villa Nova, Vice- 
Admiral. Sta. Cruz, 50 guns, 300 men, Count de 
Bega Florida, Beer-Admiral. Taken by Mr. Wager. 
Merchant ships : Le Mieta, 34 guns, 140 men, Capt. 
Don Joseph Tanis. 6 more Spanish merchant ships, 
name and force unknown. One small French merchant- 
man, 24 guns, 200 men. The Holy Ghost, a French 1 
Privateer of 32 guns and 300 men, ran ashore and 
burnt. A small Biscayan packet-boat, 12 guns and 
150 men. One brigantine. Two sloops. Same en- 
dorsement, f p. 

56, iii. Duplicate of June 17, 1708. C.S.P. A 7 o. 1551. i. 
[C.O. 137, 8. Nos. 23, 23. i. -iii.; and (without en- 
closures) 138, 12. pp. 333-337.] 

July 23. 57. Council of Trade and Plantations to the Earl of Sun- 
Whitehall. * derland. Enclose copy of Governor Handasyd's letter of May 
19 last. [C.O. 138, 12. p. 299.] 

July 23. 58. Council of Trade and Plantations to Governor Dudley. 

Whitehall. Acknowledge letters of Nov. 10 and Feb. 16, 1707. We are 
very glad from the account you give u,s that you have had 
good success against the Indian Enemy, and are sensible of 
your care and dilligence, and of the good service you have 
done, which we shall not be forgetfull of as occasion requires. 
We are considering your proposall for attacking the French 
in Canada and Port Royall, and shall lay the same before H.M W 
for her pleasure thereupon. We are glad to perceive the Gov- 
ernment of Rhode Island have been so sensible of their duty 
as to assist you in your late expedition against the French, 
and we doubt not but their good correspondence with you will 
tend to the mutual advantage of both Governments. As for 
the paper you sent us containing your defence against a com- 
plaint presented to H.M. at Windsor, June 23, 1707, the said 
papers shall be made use of as occasion offers ; and if your 
friend Mr. Chamberlain have not received the like from yourself, 
we will deliver it to him, keeping a copy for ourselves, and 
while you act for H.M. service you may depend that we shall 
doe all that in us lyes to protect you from any unjust complaints 
against you. We have laid before my Lord Treasurer what 
you write in relation to the Commissions whidh! limitts the two 
Officers of the Customs you mention to the Port of Boston, 
and we doubt not but his Lordship will give the necessary 
directions therein. Mr. Allen's title to the lands in New Hamp- 
shire is now depending before a Committee of H.M. Council, 



AMERICA AND WEST INDIES. 



41 



170S. 



July 25. 

Windsor. 



July 27. 



and you will in time be informed of what is done. We have 
nothing to say upon Mr. Usher's account, but that we shall 
consider the same when referred to us. As for what you 
write about Mr. Collins' contract with the Navy Board for 
masts, we have also been informed of that matter by Mr. 
Bridger, and have examined the same, and been attended by 
Mr. Collins, who did produce to us H.M. license for cutting 
of masts, dated May 31, 1707, which (having been mislaid was 
the reason of its not being sent to New England ; and has been 
the occasion of all the disorder tihat has hapened there, however, 
we must advise you to give all the assistance you can to Mr. 
Bridger in preventing waste in the woods. Mr. Collins has 
promised to send the said license to New England by the 
first opportunity. Whereas we have been informed that the 
logging trade and the great number of saw mills in New Hamp- 
shire do occasion great waste in the woods, and that Mr. 
Bridger himself does connive thereat, you are also to take 
the most effectuall care for preventing this mischief, and to 
admonish Mr. Bridger thereof, that for the future he do not 
permit or connive at such practices. Mr. Yaughan has attended 
us, and produced to us his powers for the Agency of New 
Hampshire. We shall give him all the assistance we can, 
in the affair he comes about. We have laid before H.R.H. 
the Lord High Admirall the account you have given of the 
good services performed by Captain Stucley. We are now to 
take notice .that in your box which! brought your last letter- 
there were severall others not relating to our Board, and which 
were much more in bulk than what was for us, which is a 
considerable increase of charge to this office, we must therefore 
remind you of the letter writt you March 26, 1707, upon that 
subject, and we expect that for the future all letters adressed 
to our Board be sent in packets by themselves, and that jno 
letters to other persons be inclosed therein. [C.O. 5, 912. 
pp. 481-484.] 

59. Order of Queen in Council. In pursuance of a report 
from the Lord High Treasurer, the Council of Trade and Plan- 
tations are to dispatch letters to the several Governors in 
America, directing them to transmit to H.M. Board of Ordnance 
here, as soon as may be, an account of the remains of all 
the Ordnance-stores in their respective Governments, and also 
to send like accounts once a year (and oftner, if it ?hall 
be found necessary) to the said Board as abovementioned. 
Signed, William Blathwayt. Endorsed, Reed. Read July 30, 
1708. 2 pp. [C.O. 323, 6. No. 66 ; and 324, 9. pp. 247, 248.], 

60. Canada Survey'd, or the French Dominions upon the 
Continent of America briefly considered in their situation, 
strength, trade and number, more particularly how vastly pre- 
judiciall they are to the British interest, and a method proposed 
of easily removing them. 

It cannot but be wondred att.by all thinking rnea who know 



42 COLONIAL PAPERS. 

1708. 

the valuableness of the Brittish Monarchy in America, both with 
regard to their power and trade, that a nation so powerful! 
in shiping, so numerous in subjects, and other ways so wisely 
jealous of their trade, shou'd so tamely allow such a troublesome 
neighbour as the French, not only to sitt down peaceably beside 
them, but with a handfull of people vastly dispersed to possess 
a country of above 4,000 miles extent, quite encompassing and 
hemming in betwixt them and the sea, all the Brittish Empire 
upon the said Continent of America, by whicih they have already 
so mightily obstructed the Brittish trade, all America over, 
and must in time totally ruin the same, unless seasonably pre- 
vented, as will appear by the following considerations, (and 
what renders us intirely inexcusable is, that the half of one 
year's loss we sustain in trade by them, besides the vast expenca 
both the Crown and Country is att, in maintaining of troops 
and garrisons upon their frontiers, bribing of the natives for 
their friendshipps, or indeed, more properly speaking, being 
tributaries to those inhumane savages for their favour und 
assistance ; the half', I say, of one year's loss we sustain would, 
if rightly aplyed, wholly dispossess them of the Continent and 
Newfoundland, and by so doing render H.M. sole and peaceable 
possessor of all the North Continent of America, large enough 
to form four kingdoms as bigg as Great Brittain). As to 
the situation of the country possesst by the French in North 
America, and commonly all comprehended under the prevailing 
name of Canada, the seat and residence of their Governor 
Generall being upon the place properly so called, its situation 
is from about 54 degrees North Latitude, begining to the East- 
ward of Port Nelson in the country of the Esdmoee, extend- 
ing itself all the way Southwest to the mouth of the river 
Missasippi, which falls into the Bay of Appalatchio in the 
great Bay of Mexico, about the Latitude of 28 degrees and 30 
minutes, comprehending as itt goes their part of Newfoundland, 
the Islands of St. Peter, Accadia or Nova Scotia, which borders 
upon the Brittish Province of New Hampshire, whose boundaries 
to the Eastward is the little river St. Croy (as the French 1 
alledge), not far to the North East of this, upon the head of 
the Bay of Fundy, they have a settlement' called Port .Boy all, 
where is a stone fort pretty strong, garrison'd by 5 regular 
Companyes, though not exceeding 30 men a company, their 
cheifest strength consisting in their officers, which are generally 
double the number of ours, here is also a small town of about 
100 familyes, and upon a place call Minas and the Country 
about there are betwixt 2 and 300 familyes more, being in 
all able to raise about 400 'men, besides some natives who 
join with them, this is a distinct government of ittself, both the 
Governor and Lieut. Governor having their Commissions imme- 
diately from the French King, yett under the command of the 
Governor Generall, who resides att Quibeck, the present Governor 
of Port Koyall is M. Supercass, formerly Governour of Placentia, 
a very brave and experienced officer; the Lieut. Governor M. 
Bona venture, formerly a sea officer. Against this place the 



AMERICA AND WEST INDIES. 43 

1708. 

Governmt. of New England made two efforts last summer un- 
successfully only through want of Officers and conduct, and 
now justly fears their returning the blow upon the little Province 
of New Hampshire, by which, they must inevitably ruin the 
same, and consequently deprive the Crown of Brittain of all 
the masts, timber and navall stores which itt produces both in 
perfection and plenty, unless suddenly supported by the Crown., 
with some regular troops and stores of warr. This country of 
Accadia is that which was formerly by us called Nova Scotia, 
sold (as is generally reported) by the Lord Sterling to the 
French, and extends ittself all the way North East from the 
river St Croy, in Latitude of 43, to Cape Britton in Latitude 
of 47, where is the entry to the Gulph of Canada or St 
Lawrence, so called from the great river of that name, which 
disembogues itself into itt, and which justly both from its 
extent and largeness is said to be the greatest in the known 
world. Upon this river of St. Lawrence or Canada, the French 
have their chief towns, forts and settlements, in the mouth 
o.f which about Latitude of 51, lyes a large Island called 
Anticosty, about 16 legues in length, where the French in 
time of peace had some small settlements for the benefitt of 
fishing and hunting, but now desolate by reason of the warr. 
This river is about 20 leagues over att the mouth, but so high 
and mountanous is the country that you can see land distinctly 
from one side to the other, upon both sides of this rivef iri 
timo of peace were stragling settlements, but now mostly de- 
serted until 1 you come up as high as Tadousack, which is 
about 20 leagues below the City of Quibeck. This town, which 
is the seat of the Governour General!, Intendant and Bishop, 
lyes about 120 leagues from the mouth of the river, about 
Latitude of 47, situate upon a high promontory or neck of land 
formed by the great river, which runs by the West side of itt, 
and another river which runs by the East side of itt, and 
is by them called little river. The Great River, which is fresh 
for 10 leagues below this town, and navigable for about 60 
above itt for vessells of 50 tunns, forms befor this town a sort 
of a bason, or harbour, though none of the best, because the 
rapidity of the river as well as the great tide (itt flowing 
about 7 fathom right up and down), makes the ships ride a 
great strain, but the water is constantly smooth by reason of 
the highness of the land on both sides, and the narrowness 
of the River, itt being scarse haff a mile over att the town, 
which is divided in two by the names of the Higher and 
Lower, in the first of these is the Castle or fort, where the 
Governor resides, being a spacious stone building courtways, 
affording a great deal of good lodging for him and the several 1 
Officers under him, as allso a large guard Hall for the soldiers 
and another for the Officers, itt is built upon a precepice att 
the very point of the land, directly over the River, and so 
high that the foundation of itt is att least 100 yards above 
the surface of the water, there are no great gunns within itt, 
but a little above itt to the right hand, is a Battery of about 



44 COLONIAL PAPERS. 

1708. 

20 gunns, the biggest of them n'ot exceeding a 12 pounder: 
there is likewayes a little above this, upon the pitch of all 
the Hill a little stone redoubt with six small gunns, this com- 
mands in some measure the passage from the land to the 
town, being placed in the center of the neck of land, betwixt 
the two Rivers, they were also, whien I was there about two 
years ago, drawing a stone wall of about 20ft. high, quite across 
this neck of land, to secure itt upon that side, tnWe are in 1 
the upper Town three handsome churches, a noble large semin- 
ary of the Jesuits (who are the principall proprietors of that 
Country) three cloisters of priests, two nunneryes, two hos- 
pitalls, the Intendants and Bishops' palaces, which are all very 
noble buildings. The lower Town is built almost round the 
foot of the hill on which the upper Town stands, extending 
from the one River to the other, from itt to the High town 
is a winding coach-way of a pretty large circumference, and 
yett very steep, but the foot passage to itt is full as isteep 
as going up any ordinary stairs of a house, in this lower town 
just opposite to where the ships ride is a stone bastion with 
six 18 pounders mounted upon itt, and upon the opposite side 
of the River a little lower upon a small point is a battery 
of eight 12 pounders, but no redoubt or cover for the men. 
In the Low town is one Church; and a great many good stone 
buildings. In both the towns will be about 300 dwelling houses, 
and they can raise about the same number of fighting men 
besides souldiers, of which there are not ordinarly above three 
Companyes, who seldom exceed 30 men a Company, about a 
league below this town lyes the Isle of Orleans, being about 
7 leagues in length, and in most places noi above two miles 
broad, the river is navigable on both sides of itt, but cho n\ .in 
Channell is on the west side of itt which is generally about 
a mile broad, but upon the other side mostly not above a quarter 
of a mile, this Island is very well peopled, having 3 parish! 
Churches upon itt, and near 300 familyes upon itt, upon both! 
sides of the River opposite to this Island tihe country is well 
planted with people, who may in all amount to 200 familyes 
more. So that I believe for about "20 miles round Quibeek' 
may be about 800 familyes who could not raise above so many 
fighting men. The Governor Generall is Governor of Quibeck 
in particular, the present is the Marquis de Vauderoile, and the 
Lieut. Governour M. Anglosery, both these have serv'd in the 
Country above 20 years, and have raised themselves by their 
services. About 30 leagues South-west from this, upon the same 
river, lyes a small fortifyed town called, from the confluence 
of three Rivers, Trois Rivieres, itt is only pallisadoed round, 
having nothing of a fort in itt, only lodgings for the Governor 
and Officers, and hath not above 50 familyes in itt besides 
soldiers, itt hath a particular Governor of its own, who is 
att present an Italian, called the Marquiss de Crisafi, in this 
town lyes ordinarly six of their company es of Foot. About 
. 30 leagues .above this, and 60 from Quibeck, upon the same 
river, lyes the City of Montreal!, upon an Island of the same 






AMEBICA AND WEST INDIES. 45 

1708. 

name, about 5 leagues in length, this Town is equall in bigness 
and number of inhabitants to Quibeck, but not altogether so 
well built, nor so rich as the other, hither the tide flows, and 
barques of 50 or 60 tuns can come up, this town is pallisadoed 
round, lying pretty levell, and hath 3 or 4 block houses att itts 
severall corners, itt hath three Churches, as many convents 
and a hospitall, itt is the next best Government to that of 
Governour Generall, upon whose death the Governour of this 
place generally succeeds a course, the present Governour is M. 
Du Ramsey, the Lieut. Governour M. Gallifait, and town Major 
M. du Muy. There are some small towns besides, such as 
Shambly and Sorrel, where sometimes a Company or two lyes, 
as also severall little forts, commanded by Captains and Subal- 
terns, such as Fort Frontinack, built upon the side of Corlar's 
Lake, to curb the trade of the English, from Albany and the 
five Nations of Indians in league with them, there are also to 
the Westward severall little forts in the way to Missasippi, 
such as Fort Crevecour, and Fort Louis in the Straits, where 
are a few french and Indians placed for the conveniency of 
their trade, and to give them a title to the country, through 
which every year there goes one Officer of note with about 
40 men to view the condition both of their trade and garrisons, 
all the way to Missasippi, which is likewayes subject to the 
Governour Generall, the present Governour of which is the 
Sieur Deberville, a Canadian born, and brother to the com- 
mander of that name who plundered Nevis in the west Indies. 
Tha whole number of regular troops the french have in all 
tha above mention'd countryes is 28 Companyes, who were not 
two years agoe above 30 a Company, and are generally posted 
as follows ; at Placentia in Newfoundland 3 Companyes, com- 
manded for the time after the removall of M. Supercass by 
M. Moniack, att a Hew little fort in Charles Straits, or Labeadore, 
called fort Pontchartrein, commanded by M. Certomanche, one 
Company, att Port Royall 5 Companyes, att Quibeck 3 Com- 
panyes, att Trois Rivieres 6 Companyes, att the Citty of Montreal 
7 Companyes, the other 3 are generally in some of the forts 
upon the frontiers of Albany, and the 5 Nations in league with 
us, the immediate Commander or General of all those troops 
under the Governour Generall, and to whom they give the 
title of Commandant de Troupes, is the Marqui de St. Croy. 
Having given a pretty exact account of the situation, strength 
and number of all the chief places in this country, the 
number and disposition of their regular troops, with the 
names of their chief Officers, the whole number of which will 
not amount to above 5000 inhabitants, dispersed almost as many 
thousand miles, itt may be easily believed itt cannot be very 
difficult to reduce such a country, especially since we have 
above 20 times their number upon the same Continent, but 
ere we think of reducing them, lett us first see what their 
country produces by way of encouragemt., and next, what damage 
they now doe the Brittish trade all America over, but more imme- 
diately upon the Continent, and what further they must neces- 



46 COLONIAL PAPEES. 

1708 

sarly doe in time, when more populous, if not prevented. As 
to their trade, which chiefly consists in furrs and fish, of 
both wch. they have but to great a quantity, in so much, that 
had they but hands to manage the same they would quickly 
glutt all Europe with both, as they have in some measure done 
with the first, for two years agoe I see, according to their 
computation, above 60,000 value in beaver alone, besides all 
other furrs and peltry, of which their magazines were full, 
and which were not to be sent home att that time, because the 
European marketts were then glutted with them. And as to 
the ordinary sorts of fish, such, as codd, heak, pallock and had- 
dock, every bay and creek along all their coasts abound with 
them farr beyond the Bancks of Newfoundland, as they doe 
also with herring and mackerel!, but above all for whale fishing 
their coast excells all places ever yett heard of. They have 
also particular to that great river of St. Lawrence a fish they 
call a white porpoise in infinite numbers, which hath afforded 
them a new and advantageous manufactory, for besides the 
vast profitt the oyle of them affords, they have found a 
way to tann their skinns, of which; they make the finest upper 
leather for shooes imaginable, far excelling any marokin, as 
I have found by experience, having worn shooes made of them, 
which never grow hard with being wett. The french King 
hath given a considerable sume for the advancing of this manu- 
factory, which is not to be done anywhere but in such a country 
as that, for no bark save that of Cyrus will tann th'eir skinns. 
The soil here is also very fertile, as well appears by the grains 
itt produces, not only in vast quantityes but the best of itts 
kind upon the whole Continent, especially wheat and pease 
of all sorts, and that in so short a time, notwithstanding the 
coldness of their winters, for though they doe not sow their 
wheat till May, they reap itt in great perfection in the be- 
ginning of August. But now that we have sufficiently surveyed 
the country, lett us only consider how infinitely more agreeable 
this climate would be to our Northern constitution then Darien, 
what a vast revenue the furr trade would bring into the Crown, 
having all the Nations of Indians upon the North Continent, 
who make so vast a body of people, intirely att our devotion. 
How vast an improvement of shipping and Navall Stores could 
be made here, where the timber of all sorts is the best upon 
the whole Continent, and the fishing there of all sorts would 
exceed all the others in the world. But having said enough 
to pshow the country is both, commodious and advantageous 
enough to be inhabited, lett us next consider some more pungent 
and powerfull arguments, which must prevail upon every true 
Brittain, who hath any regard to the honour, interest or safety 
of his Country, to endeavour the reduction of that country., 
att any rate, and those arguments arising so naturally from 
two of the first and great principles, which, are born almost 
with all mankind, will need but very little enforcing, and are 
these, self-interest and self-preservation, both Which to a demon- 
stration plead for the reduction of this place, etc. For consider 



AMERICA AND WEST INDIES. 47 

1708 

how much that Colony endarnrnages the Brittish interest over all 
America, as well as upon the Continent. In order to which, 
we must first consider ye complexness of their commerce, and 
how much the disturbance of the trade of the Continent affects 
all the Brittish Colonyes in America, which will easily appear 
by considering their dependance upon the same, as in the 
following particulars. There is no Island the Brittish possess 
in the West Indies that is capable of subsisting without the 
assistance of the Continent, for to them we transport their 
bread, drink and almost all the necessaryes of humane life, 
their cattle and horses for cultivating their plantations, lumber 
and staves of all sorts to make casks of for their rumra, sugar 
and molosses, without which, they could have none, ships to 
transport their goods to the European marketts, nay, in short, 
the very houses tiiey inhabitt are carryed over in frames, 
together with the shingles that cover them, in so much that 
their very being, much more well being, depends almost intirely 
upon the Continent. And now that we have made itt evidently 
appear that the interest of the whole British Empire in America, 
is inseparably linkt with that of the Continent, itt remains next 
to consider how much damage the Colony yearly doe the said 
Brittish Continent, in ruining and obstructing their trade, the 
expence they occasion the same by the warr, besides the loss 
of people, every one of whom are vastly valuable, in so new 
and trading Colonyes. To make this more evidently appear, 
lett us consider the particular Governments which suffer mostly 
by them (though indeed all the Brittish Continent doe con- 
siderably already, and are ere long like to doe more), but to 
come to particulars, New York and the Jerseyes have of late, 
by means of the french seducing over to them a great part of 
the five Nations (who have so long been in league with the Crown 
of Brittain), and are known by the nam'es of Senecas, Makuas, 
Onondagos, Cajugas and Oneidas, the french Missionaryes, who 
swarm among them, have carryed over, both to the French 
interest and religion, a great many of them, and with them the 
furr trade, which was formerly so valuable and profitable to 
those Colonyes of the Brittish, that merchants now in London., 
who lived there 20 years agoe, say there used to be exported 
from thence yearly about 50,000 value in beaver and other furrs, 
this they have not only almost intirely lost, but are utt a vast 
expence, both of blood and treasure, to defend their frontiers 
from the insults of those troublesome neighbours, so that the 
expence the Crown and Country is att yearly in maintaining of 
troops and garrisons, as well regular as Country militia, the 
presents and charges of cultivating a friendshipp" with the above 
named five Nations, building and repairing fortifications, and 
furnishing stores of warr, amounts yearly to above 620,000, 
besides the vast loss the inhabitants sustain, who have any 
settlements upon the frontiers, being obliged wholly to abandon 
the same, and leave them desolute and uninhabited, and what 
further yett affects the trade (besides the raising the price of 
all provisions, by the desertion of many of the most fertile 



48 COLONIAL PAP.EBS. 

1708. 

plantations) the pressing of men to serve on the frontiers 
renders all labour so much the dearer, especially sailors, in-so- 
much that the wages of an ordinary sailor to goe to the West 
Indies in any of the mercht. shipps is att least 4 10s. or 
5 per month, all which att last must in some measure .come 
upon the purchasers of their goods in the West Indies. So 
that I think I will undertake to demonstrate that the Colonyes 
of New York and Jerseys suffer yearly, what with the loss of 
trade, expences of the warr, desertion of plantations, scarcity 
of labourers and sailors, all which is alenerly f? annually']' 
occasioned by the French att least 50,000. Next to them 
along shoar, North East, is Connecticout, a Propriety Govern- 
ment, which also borders with the french, and feels sufficiently 
the effects of their ill neighbourhood, in so much, that the 
very expences they are att yearly, for the payment of their 
men, whom they are obliged to keep in arms upon their frontiers, 
cost them 7,000, while thje loss they sustained in their trade, 
by tho want of those people's labour, amounted to three times 
that sume, they being obliged, not only to lay waste and leave 
uncultivated a great many of their frontier plantations, but 
to neglect their making of pitch, tarr, rosin and turpentine, 
which that Country produces in great quantity, and which are 
so much the interest of the Crown to encourage, as appears 
by the Act of Parliament for that effect. So that itt can 
easily be made appear that this small Propriety Country, by 
a modest computation, suffers yearly in expence and obstruction 
of trade, the loss of att least 20,000, besides their losses oc- 
casion'd by the coasting privateers from Port Eoyall and Qui- 
beck. But to give the finishing stroke to all, and shew un- 
ajnswerable arguments for reducing Canada at any rate, lett 
us only consider New England, a country of att least ten times 
the trade of all forementioned Colonyes, and whose loss doe 
more then exceed their proportion to thie same. New England 
is so well situate for trade, both with respect to the conveniency 
of its harbours, the commodityes itt affords for commerce, the 
healthyness of the climate, which with the genius of the people 
calculate to improve all those advantages, have rendred itt a 
place of vast trade and buisiness, for besides that the inland 
country affords great quantityes of all sorts of provisions, horses., 
cattell, and lumber, fitt to be transported to the West Indies and 
elsewhere, the maritime parts affords an immense quantity of 
timber fitt for shipping, masts and all navall stores, which they 
have not fail'd to improve to the best advantage, for they 
yearly build some hundreds of vessells, while their sea costs, 
which are wonderfully rich! in fish of all sorts, affords them 
advantageous cargos to load them withall. But of late years, 
the disturbance they have mett with'al, in every part of their 
commerce, from their troublesome neighbours the french, hath 
been of so fatall consequence, that itt hath almost intirely 
ruined that Country, and must ere long inevitably doe so, if 
some remydy be not quickly afforded them. For besides the 
ravaging the frontiers, burning their uttermost towns and settle- 






AMERICA AND WEST INDIES. 49 

1708. 

rnents. murdering and carrying away captives ye inhabitants 
by the french, and their unexpressably savage accomplices, the 
Indians, who have no compassion on either sex or age, nor 
are they bounded by any laws of reason or religion, but do 
exercise all manner of barbarityes upon their prisoners of all 
sorts, long after quarter is given, those unparalelled hostilityes 
not only lay waste the uttermost parts of this country, but 
occasion a constant expence and trouble of keeping a con- 
siderable force upon the frontiers, who, after all, are not able 
to prevent frequent irruptions of the barbarous enemy, who 
are favoured in their enterprises by the thickness and im- 
passableness of the woods, with which they are well accustomed. 
These and the like reasons have rendred uninhabited one of the 
best and most fertile countryes upon all the Continent, com- 
monly called the Eastern Country, from its situation with regard 
to Boston, where formerly the English had both garrisons 
and very thriving plantations, "but by the disturbance they mett 
withall from their neighbours, the french att Port Roy all, they 
have been forced at last totally abandon the same. And 
though the loss of the country and its produce was very con- 
siderable, yett was the smallest part that attended the deserting 
of that country, for by itt they have not only lost a verry 
considerable furr trade, which was caryed on in that Country 
while the English possest itt, which is now wholly gone over 
to the french, but what was yett of more consequence by farr, 
and was justly reckoned the chief branch of the New England 
trade, their fishery is quite ruined by itt, for whereas they 
had many hundreds of vessells, who formerly both catched and 
made their fish along this shore, they are now, by the french 
(and Indians instigated by 'them) almost wholly debared this 
trade, to the unexpressible loss of New England in particular, 
and all the English Islands in generall, who used to be supplyed 
from thence with codd and mackrell, in great quantities, and 
att low rates for the subsistance of themselves and slaves, the 
considerations of all those hardships they lay under made that 
Governmt. undertake two expeditions last summer against Port 
Royall, which both proved unsuccessfull for want of Officers 
of conduct and some regular troops, and cost the country 
20,000 expence, besides double that loss in a total sist of trade 
for the time, and now the french, as I am credibly inform'd, 
having go'tt a reinforcement from france, both of men and 
ammunition, resolve to return the blow upon the little province 
of Main, which they are no ways capacitate to resist, and 
which, being the magazine from whence the Crown hath masts, 
timber and other navall stores, will make the loss generall to 
Brittain, as well as particular to that place. But to sume 
up the whole, I believe itt will plainly appear to any considering 
person, that the loss, expence and detriment in trade, (besides 
the barbarous murthers of many persons) sustain'd by the 
English upon the Continent in America from the french who 
inhabitt the same Continent, amounts to severall hundred thou- 
sand pounds yearly, and must in time, as the french grow 

Wt. 11322. CP t 



50 COLONIAL PAPEKS. 

1708. 

more numerous, be vastly more, for by their situation, the 
french have sourrounded and hemmed in betwixt them and the 
sea, all the English Governments upon the Continent, so that 
in time, when they are fully peopled, as they project in a 
great measure to be, after the warr is over, by transporting 
thither (as Monsieur Rodot, the present Intendant of Canada, 
told me the french King designed), 20,000 men, who will chuse 
rather to gain their bread by hunting and gunning, then by 
labouring the ground. Should such a thing happen, they may 
easily in time be able to make the Brittish find use for their 
shipping and be forced to transport themselves elsewhere and 
leave their improvements to their more powerfull neighbours, 
and though this should never happen, yett posterity will blame 
us for risking the same while the remedy is so easily in our 
power, and the expence will not amount to near one half 
of the yearly loss we sustain from them, as will appear by 
the following scheame, which the author, who pretends to know 
that country as well as any subject of the Crown, and who 
made itt his buismess to know, with that designe of being 
capable to serve his country, engages to give Lin assistance 
in putting the design in execution. To effectuate which great 
enterprise (so vastly advantageous to the honour and interest 
of the Crown and the people of great Brittain and itts Empire 
in the west Indies and North America), there would need no 
more than two battallions of regular Troops from Great Brit- 
tain, who would cost the Crown no more expence, excepting 
their .provision and transportation, then thiey now doe in Scotland, 
where they are idle, nor more men of warr for thieir convoy and 
protection than are ordinarly employed in attending the Colonyes 
of New York, New England, or conveying home the Virginia 
fleets, which they might likeways doe in the fall after that 
expedition was over. With those two battalions and six men 
of warr joyned from New England with 1000 of their best men, 
which they will readily furnish and transport by sea to goe 
directly to Quibeck about the latter end of May, or beginning of 
June, fitted with bombs, mortars and one or two bomb ketches, 
while a fbody of 1500 men from Nework, Jersey and Connecticout, 
which they would readily furnish, marched by land being joyn'd 
by our five Nations of Indians directly to Montreal, with which! 
number they would hardly fail of takeing that place, and att 
least preventing their regular troops, who are mostly quartered 
thereabouts, from coming to the assistance of Quibeck, which, 
by cutting off the inhabitants of the Isle of Orleans from joyning 
them, which might be done by sending two nimble, well raann'd 
sloops up thither before the fleet came in sight, and as itt 
is almost humanely impossible the town could hold out, being 
attacqued att three different places att once upon the side to 
the water, where itt hath no walls, and could not have any 
great number to defend itt, while the fireing their houses by 
the bombs would employ many of them to quench; itt, upon 
taking of which two towns of Quibeck and Montreal, all the rest 
of their forts and settlemts. would fall of course into the hands 






AMERICA AND WEST INDIES. 



51 



1708. 



July 27. 

Treasury 
Chair bers. 



[July 29.] 



of the Crown, and will not only afford a booty to the captors 
farr exceeding all the expence of the undertaking, but infinitely 
advance the commerce of the Brittish over all America, and 
particularly make them sole masters of the furr, fish and navall 
stores trade over all the Continent, and H.M. sole Soveraign 
of the North Continent of America, and of hundreds of nations 
of new subjects, who will become intirely obedient to her laws, 
when they have no preists to poyson them, nor no rivall Monarch 
to debauch them from her interest and make Canada a noble 
Colony, exactly calculate for the constitutions and genius of 
the most Northern of the North Brittains. Being therefore 
fully perswaded that nothing but the want of a trew state and 
information of the vast disadvantages the french Governmt. of 
Canada occasions to the commerce of Brittain, and the easiness 
of its being reduced to the subjection of that Crown, hath been 
the reason why our Ministers of State, who have so wisely and 
successfully manag'd the great affairs of the Nation, have never 
put this project in execution, I doubt not but upon their having 
maturely considered the above reasons, they will fall upon such 
methods as their greater wisdom shall think fitt for remeding 
all the aforesaid grievances occasioned by the said Colony of 
french, towards which, the author shall be alwayes most ready 
to contribute what further information and assistance he is 
capable of, then whom none is a more intirely devoted servant 
to the Crown and interest of great Brittain. [? by Capt. 
Vetch, cf. Aug. 4. Ed.~\ Endorsed, Reed, from Capt. Vetch, 
Read July 27, 1708. 11 pp. 
Annexed, 

60. i. Abstract of preceding, If pp. [C.O. 323, 6. Nos. 

64, 64. i. ; and (duplicate} Nos. 65, 65. i. ; and 324, 9. 
pp. 221-246.] 

61. Mr. Taylour to Mr. Popple. Enclose following. My 
Lord Treasurer desires the opinion of the Council of Trade and 
Plantations, whether they think it necessary to have this office 
and salary continued. Signed, Jo. Taylour. Endorsed, Reed. 
Read July 30, 1708. Addressed. p. 

Enclosed, 

61. i. John Rayner to the Lord High Treasurer. Prays to 

be allowed 150 per annum as Attorney General of 
New Yorke and 75 advanced for his voyage, as in the 
case of S. Broughton. 1 p. \G.O. 5, 1049. Nos. 88, 
88.i. ; and 5, 1121. pp. 312-314.] 

62. List of fishing-boats and seamen sailed from Chichester 
to the Newfoundland Fishery, Midsummer 1707-1708. Nil. 
Signed, Hen. Baker, Collector etc. Endorsed, Reed. Sept. 29, 
Read Aug. 4, 1708. 1 p. [C.O. 194, 4. A 7 o. 74.] 



July 29. 63. The Earl of Sunderland to Governor Crowe. I write 

Whitehall, this at the desire of Mr. Robert Harmsworth, the last patentee 

in the office of Clerk of the Markets in Barbadoes, who has 



52 



COLONIAL PAPERS. 



1708. 

some moneys arising out of the profits of his place lying in 
the hands of Mr. Raynes Bate, which you make some difficulty of 
suffering Mr. Bate to remitt to him, not being well satisfyed, 
it seems, of his having such a patent. I can assure you, that 
he had it and about Feb. last resigned it to Mr. Meckaskell, 
etc. Signed, Sunderland. [C.O. 5, 210. p. 111.] 

July 29. 64. Same to Governor Lord Lovelace. Encloses Address 

Whitehall. O f Lt. Governor and Council of New Jersey, complaining of the 
proceedings of the General Assembly there. It is H.M. pleasure 
that upon your arrival there you enquire into the matter of 
fact and send me an account thereof as it shall appear to you, 
that I (may lay the same before the Queen. [C.O. 5, 210. p. 112.] 

July 29. 65. The Earl of Sunderland to the Council of Trade and 

Whitehall. Plantations. Encloses following for their report. Signed, Sun- 
derland. Endorsed, Reed. July 29., Read Aug. 3, 1708. p. 
Enclosed, 
65. 
65. 

to the Queen, Portsmouth, N.E. Oct. 22, 1707. Not- 
withstanding his late Majestie was gratiously pleased 
to send a supply of artillery and ammunition for your 
Majesties Fort at Great Island, since which the great 
expence of rebuilding said Fort, and constant keeping 
of men in pay for the better defence of this your 
Majesties province towards the sea; together with the 
extraordinary charge of defending the frontiers by land 
against the Indian Rebels, assisted by the French from 
Canada and Port Royal, has reduced your Majesties 
poor subjects to a great distresse, many of whome 
have been necessitated to remove, by which our number 



. Copy of Memorial of Geo. Vaughan, June 1, 1708, q.v. 
ii. Address of Council and Assembly of New Hampshire 



and strength 



lessend, cannott provide for their 



65. 



families, but with hazard of their lifes, many ffeilds 
lying untild, unlesse such as are under covert of the 
Garrisons. At present wee labour under a great want 
of good small armes and ammunition, which are daily 
waisted and lost in the wildernesse, in persuite of 
the Enemy. And by reason of our poverty cannot be 
supplyed. Your Majesties petitioners therefor most 
humbly pray of your most Excellent Majestie, that 
of your Majesties Royal bounty they may be supplyed 
with such a quantity of small arms of several sorts, 
and ammunition proper for them, as well as for the 
great Ordinance at your Majesties Fort, which will at 
all times be thriftily expended for the defence of your 
Majestie's good subjects etc. Signed, Charles Story, 
Secretary } John Pickerin, Speaker. Endorsed, Reed. 
July 29, Read Aug. 3, 17, 1708. 1 p. 
iii. Address of the Assembly of New Hampshire to the 
Queen. [Portsmouth, Feb. [ ], 1707.] Our Ancestors 
and Predecessors weare eighty years past comeing over 



AMERICA AND WEST INDIES. o3 

1708. 

from England, and issueing out from the neighbouring 
Colonies, and by and with their concurrence and en- 
couragement peaceably and in a publick manner, 
entred and sett downe upon the now inhabited lands 
of this Province, and which were not onely thien Vacuum 
domicilium, but a miserable desert and surrounded 
with the barbarous salvages, from whose Sachims our 
Ancestors all along informed and assured us the said 
lands were honestly and justly purchased for their 
use. Wee and our Ancestors through the great mercy 
of Almighty God, by the expence of our Treasure and 
the swett of our brows, have now turned this wildernesse 
into a fruitful feild. Wee have with the expence of 
our lifes and estates defended this your Majesties 
Province in New England in two long and distressing 
warrs, against the barbarous salvages assisted by the 
French King's subjects, and which wee are yett en- 
gaged in, and must have suffered very much were wee 
not encouraged and protected by the great and constant 
care and vigilance of his Excellency our Governor end 
the assistance of his other Government both as to 
men and mony. By the deligent industry and expence 
of your Majesties loyal subjects, wee have soe improved 
this your Majesties Countrey that the trade thereof is 
become very considerable and of great importance fnd 
advantage to your Majestie and your people of Great 
Brittaine. All this has been done without the least 
aid or assistance imaginable of Mr. Mason, or those 
that succeed him in their pretended claime to this 
Countrey. The possessions and estates of this Province 
have been bought and sold, and have descended from 
family to family for now neare 70 years together, and 
except it be a very few of the inhabitants, is all they 
have in the world. Notwithstanding [" ] the Gov- 

ernour's interposition, who endeavoured to [" ] the 

differences [ ] from any difference of our own 

right, wee made overtures to an Agreement, but Mr. 
[Allen's'] death prevented any further proceedings there- 
in. If your Majesties most loyal subjects of this 
your Majesties Province may by your Majesties Royal 
favour be confirmed and encouraged in the possession 
and enjoyment of what they have acquired soe just a 
right to, "and may yett be protected and defended from 
the unreasonable and unjust [c/a]ime and demand of 
Mr. Allen, which they confidently promise themselves, 
from the" late instance of your Majesties great justice 
done them in the same case, when Mr. Allen appealed 
from a judgment of your Superiour Court here to 
your Majestie in Council, where judgment was affirmed 
in favour of the inhabitants, and hereby your sacred 
Majestic will not onely have the grateful acknowledg- 
ment of your Majesties most loyal and dutiful subjects, 



COLONIAL PAPERS. '! 

1708. 

in this your Majesties Province, but your Majestie 
and your people in all places will reap the benefitt and 
advantage thereof in the increase of the Trade of this 
Countrey by a greater supply of your Majesties Navy. 
Pray for the consideration of their case, etc. Signed 
and endorsed as preceding. Torn. 1 p. 
65. iv. Address of the Council and Assembly of New Hamp- 
shire to the Queen, Portsmouth, N.E. Oct. 22, 1707. 
Since our late Addresse, wee are surprised with advise 
from England that several disaffected persons, have 
petitioned your Majestie for the remove of Colonel 
Dudley, our present Governour, for male-administration, 
which wee are well assured was done out of a perticuler 
pique by the principal of the said petitioners, who 
drew in others to subscribe that knew nothing of 
Col. Dudley, nor had any ffamilies or concerns in 
New England. And wee admire the more thereat, 
for that your Majestie had then received an Addresse 
from the Council and Assembly of this Province, 
humbly representing the great care and good conduct of 
Col. Dudley in the Government thereof both as to the 
warr as well as Civil administration. And wee are 
humbly bold to lett your Majestie know that wee are 
still of the same opinion, haveing daily instances of 
his indefatigable paines for the defence of the ffrontiers 
against the French and Indian enemy, who by his 
prudent fforesight and good intelligence which he has 
alwayes gained of the enemies motion, and where they 
designed to make an attack, has sent seasonable releife 
soe as that their designes have been totally defeated, 
and your Majestie's good subjects and their estates 
thereby preserved. Wee therefore most humbly pray 
that 'the malitious insinuations of a few male-contents 
may have noe impression upon your Majestie to the 
prejudice of Col. Dudley, but that if it consists with 
your Majestie's good pleasure, he may still be con- 
tinued in his Government. Whereby wee firmly beleive 
your Majestie's Honour, the interest of the Crown, and 
the welfare and prosperity of your good subjects here 
will be better promoted than by another person not 
soe well acquainted with the affaires of this Countrey. 
Wee render our most sincere thanks to Almighty God 
for the successes of your Majesties victorious armes, 
and the happy Union of your Majesties Kingdome of 
great Brittaine, which will for ever advance your 
Majestie's Glory and tend to the ruine of the Enemy 
of the repose of Europe. Signed and endorsed as 
preceding. 1 p. 

65. v. Address from the Justices, Officers of the Militia, 
Merchants, etc. of New Hampshire to H.M. Similar 
to preceding, in favour of Governor Dudley. Signed, 
Jnc. Walker, Clement Hughes, Jno. Cutts, R. Wibird, 



AMERICA AND WEST INDIES. 



55 



1708. 

Samll. Allcock, John Janurirde, B. Gambling, Jonathan 
Thing, Jacob Green, Geo. Jaffrey, Obediah Mors, 
Richard Gerrish, Sampson Sheafe, Joseph Smith, John 
Knight, Winthrop Hilton, John Gillman, Robert Coffin, 
Jno. Low, Samll. Hartt, Moses Leavitt, David Levans, 
Thomas Wilson, Isaac Green, Joshua Winget, Thomas 
Tebbetts, Shed. Walton, Nath. Hill, Josh. Peirce, 
Tobias Langdon, John Sherburn, James Gillman, Henry 
Gillman, Richd. Waldron, Geo. Vaughan, Thomas 
Phipps, Ichabod Plaisted, Theo. Atkinson, Theophilus 
Dudley, Samuel Calcot, sen., Jno. Tuttle. Endorsed as 
preceding. 1 p. 

65. vi. Address of the Ministers of New Hampshire to the 
Queen. As preceding, in favour of Governor Dudley. 
Signed, Jno. Cotton, Minister of Hampton ; Nathl. 
Rogers, Portsmouth; John Pike, Dover; John Buss, 
Oyster River ; John Emerson, Newcastle ; Theophilus 
Cotton, Minister 9f the Isles ; John Odlin, Exeter. 
Same endorsement. 1 p. [C.O. 5, 864. Nos. 235, 
235. i vi ; and (without enclosures) 5, 913. p. 1.] 

July 30. 66. W. Popple to W. Lowndes. Reply to Mr. Taylour's 

Whitehall, letter, July 27. Quotes Representation and Order of Council 
Dec. 14, 1699 [C.S.P. 1699. Nos. 1061, 1062]. The Council of 
Trade and Plantations are of opinion that all the reasons, 
mentioned in the said Representation for an Attorney General 
for New Yorke (except that relating to pirates) do still subsist, 
and particularly that of illegall trade; and therefore they cannot 
but think it necessary the said office and salary be continued. 
[C.O 5, 1121. pp. 315, 316]. 

July 30. 67. Council of Trade and Plantations to the Earl of Sun- 

Whitehall, derland. Enclose following for H.M. signature (Cf June 26, 
1708). 

67. i. Additional Instruction to Governor Handasyd. Where- 
as diverse merchants and planters, traders to and 
inhabitants of Our Island of Jamaica, in behalf of 
themselvs and others Our subjects in Our said Island, 
have made complaint to Us of severall unjust and 
vexatious proceedings obtained there, and that :;everal 
writs of escheat have issued out of Our Supream Court of 
Judicature in Our said Island, for trying the complain- 
ants' title to their lands and negroes, notwithstanding 
they have held and enjoyed the same many years, and 
that when judgment was given for Us upon such writts, 
the said lands and negroes have been granted by you, 
Our Governor, to the Prosecutors and Informers, and 
whereas such proceedings is contrary to Our former 
Instruction to you, etc. (quoted), and whereas your 
breach thereof does give incouragement to groundless and 
vexatious suits against our subjects in Our said Island, 
on account of escheats or forfeitures, to the disquieting 



56 COLONIAL PAPERS. 

1708. 

the minds of Our said subjects, a due protection and 
enjoyment of whose property is necessary to the well 
carrying on the trade of that Our Island so beneficial 
to this Our Kingdome. It is therefore Our will and 
pleasure, that you do not molest the complainants or 
any other Our subject in Our said Island, on account 
of escheats or forfeitures of lands or negroes, without 
good and sufficient grounds for your so doing ; and 
that whenever any lands or negroes shall be adjudged 
escheat or forfeit to Us, you do under pain of our 
highest displeasure, strictly observe Our foresaid In- 
struction to you in that behalf, in forbearing to make 
any grant of such escheat or forfeiture to any person 
or persons whatsoever till you shall have given Us an 
account o'f all escheats or forfeitures so adjudged, by 
the first opportunity that shall offer, after such judge- 
ment given, and that you shall have received Our Roy all 
pleasure. [C.O. 138, 12. pp. 302-305]. 

Aug, 2. 68. Governor Handasyd to the Council of Trade and Plan- 

Jamaica. tations. I am now favoured with your Lordships' of Aprill 15, 
the duplicate of which I received by the last packett. I gave 
a tshort account in my last of the misbehaviour of the two 
Captains of the men of war that were with Mr. Wager when 
he engaged the Galleons, since which they have been brought 
to a triall and are broke, which in my opinion is a very 
[favourable sentence ; but what the evidences made out against 
them I am a stranger to, any otherwise than by common 
vogue. I am informed that Monsr. Du Cass sailed from the 
Havanna July 4 or 5, with the fflota and merchant ships 
richly laden, under convoy of 9 men of war, which are but 
indifferently man'd, consisting in all of 50 sail ; I hope our 
British ffleet will meet with them before they get to their designed 
port. The Vice-Admirall of Galleons, and the Spanish merchant 
ships are still at Carthagene, and, 'tis said, will not sail this 
year. Some trading sloops came from the Spanish coast 5 
or 6 days ago; and there are now going out to Porto Bell 
10 or 12 sloops under convoy of 2 men of warr, with the 
manufactures of great Britain, and the prize goods lately brought 
in here. Our men of war, which I gave your Lops, an account 
of in my last, were sent to Porto Rico, in hopes to intercept 
some Spanish and French ships tftat were arrived there from 
France and Old Spain, are returned without meeting with them, 
they being gone before so far to Leeward, that they were out 
of their reach. I am very uneasy to think of the misfortunes 
that will attend our men of war here, if there is not care 
taken to send supplys of men, since the last Act of Parliament 
has deprived them of all other means of having any here. 
They want now 300 men, and every day men are dying, besides 
other accidents that happen, as desertion. All the help I 
am able to give them is to spare them men out of H.M. 
Regiment under my command, which I shall constantly do as 



I 



AMERICA AND WEST INDIES. 57 

1708. 

long as I have a man, since it is still for the good of H.M'. 
service, and I hope your Lops, will approve of it. 

P.S. This should have been sent by the Dunkirk's prize 
but she did not sail, as was expected. Signed, Tho. Handasyd. 
Endorsed, Reed. 18th, Read 19th April, 1709. Holograph. 2 pp. 
[C.O. 137, 8. No. 37; and 138, 12. pp. 391-393]. 

Aug. 2. 69. Mr. Dummer to Mr. Popple. Gives sailings of the 

London. Antego packet-boat, 120 days out and home. Account of Com- 
modore Wager's engagement, May 28. It began a litle before 
sunsett. An hour after, the Spanish Admirall, El Conde de Cassa, 
Allegra, Commander blew up, and but 10 or 12 men saved ; 
the Rear Admirall was taken by the Commodore, being a ship 
of 54 brass gunns, very richly laden. Sunday, May 30th, ye 
Vice-Admirall was chased among the rocks of Cartagena. June 
5th ono of the capitall galleons was put on shoar on the litle 
brow on the coast, and was fired by the Spanyards. There 
are very great complaints against privateering on the coast, 
which will infallibly destroy all our correspondence with the 
Spanish West Indies. Signed, E. Dummer. Endorsed, Reed. 
Read Aug. 3, 1708. 1 p. [C.O. 323, 6. No. 68]. 

Aug 3. 70. Mr. Heathcote to the Council of Trade and Plantations. 

New York. Refers to his proposals concerning Naval Stores. What in the 
first place I aimed at was, to have diverted the Americans from 
goeing on with their linen and wollen manufactory s, and to 
have turned their thoughts on such things as might be benefitial 
to Great Brittan, they are allready so far advanced in their 
manufactorys that f of ye linen and wollen the[y] use, is 
made amongst em, espetially the courser sort, and if some 
speedy effectual 1 ways are not found to putt a stop to it, 
they will carry it on a great deal further, etc. I could have 
furnished the Crown with all the light friggatts that would 
have been wanted for this coast and the West Indies, and 
that without putting the Crown to a new penny charge, etc. 
etc. Set out, New York Docs. V. pp. 63, 64. Signed, Caleb 
Heathcote Endorsed, Reed. 6th., Read 17th Dec., 1708. 2 pp. 
[C.O. 5, 1049. No. 98; and 5, 1121. pp. 356, 357]. 

Aug. 4. 71. Council of Trade and Plantations to Mr. Secretary 

Whitehall. Boyle. Capt. Vetch, who has lived many years at New York, 
and at Boston in New England, and is well acquainted with 
the settlements and strength of the French on the Northern 
Continent of America, having delivered in to the Earl of Sunder- 
land. as also to us, a proposal for destroying the French 
settlements in those parts, which, when done, will be of great 
benefit to this Kingdom, both in relation to its trade and the 
security of our Plantations on the Continent, as is fully set 
forth in the said proposal, we have the same now under con- 
sideration, in order to a report to H.M. But the said Vetch 
having acquainted us that he intends to take the opportunity 
of the Lord Lovelace's going to New York, to return to his 



58 COLONIAL PAPERS. I 

1708. 

family there, unless it be thought necessary that he stay longer 
in this Kingdom, in order to his better explaining his meaning 
in the several parts of his proposal, and to his answering 1 
any questions or objections that may arise thereupon, we have 
directed him, in the absence of my Lord Sunderland, to attend 
you with a copy of his said proposal ; and are of opinion 
that, if the same be approved, it will be necessary the said 
Vetch do stay here for the purposes aforesaid, and therefore 
we desire you will receive H.M. pleasure as to his going to 
New York, etc. Autograph Signatures. 2 pp. Enclosed, 

71. i. Copy of Capt. Vetch's Proposal for driving the French 

out of Canada. (Of. July 27.) 15 pp. \C.O. 5, 108-1. 

Nos. 37, 37. i. ; and (without enclosure) 324, 9. pp. 

249, 250.] 

Aug. 4. 72. Lt. Governor Bennett to the Council of Trade and 

Bermuda. Plantations. Acknowledges letter of March 25, received Aug. 1. 
I also on July 29 had your Lordps.' of April 30, (being duplicate, 
the originall not yet come to hand), inclosed by Mr. Jones to 
his Attorney Mr. Daffey, whom I have told I shall be always 
ready upon refusall, to advise Mr. Jones his tenants to pay 
him their rent, and to performe everything required of me 
by your Lordps.' letter. In it is mentioned that the late Lords 
Commissioners wrote to me Aug. 30, 1705, incerting that it was 
reasonable Mr. Jones his deputys here should enjoy one moiety 
of the fees and perquisites of his places, dureing his absence. 
Which letter I never reed., perhaps it was inclosed to Capt. 
Jones to deliver me (he being att that time here) and ais 
reason for not soe doeing might be to carry on the designe 
of makeing me accomptable for the whole, Cor I have been 
often told, since he went for England he has said (before 
his departure) I was 500 in his debt, and doubted not to 
make me pay it. I hope rny packet of Feb. 10, as also the 
duplicate thereof, etc. are arrived. If soe, I doubt not but your 
Lordps are convinced both as to my innocency and injurys, 
and that justice will be done me with reparation for the latter. 
Col. White and Capt. Tucker sailed from hence in the sloop 
Lyon, Captain Edgley Commander, on June 29, being bound 
for Bristol. Mr. Castleman, in return to my constant civility 
to him whilst here, has wrote a most base and reflecting 1 
letter, dated in April last, to one Doctor Starr, which he has 
shown to severall, and amongst the rest to Col. Trimingham, of 
H.M. Council: the contents of which are (leaving out the 
scurility), that he intended to exhibite articles against me for 
detaining his ship, which was the occasion of her being lost, 
he narrowly escapeing with his life, (and to confirm his mean 
and ungenerous designes and proceedings) he desires the Doctor 
and Capt. Nelson to send to him what complaints they have 
against me, that he may annex them to 'his, and that what 
letters they write to be soe worded as proper to lay before 
the Board. My Lords, I did not stop him nor his ship one 
moment, nor acted any thing that he seemed to take amiss, 






AMERICA AND WEST INDIES. 



59 



1706. 



Aug. 4. 

Beimuda. 



Aug. 4. 

Bermuda. 



and the day he sail'd, he came by six in the morning to 
take his leave, and returned me thanks for my great civilities 
to him, which again (after being cast away) he acknowledged 
by his letter dated from Philadelphia, May 17, 1705, a copy of 
which my brother has, and will be produced when your Lordps. 
pleases to desire it. What I pray of your Lordps. is, that 
if Mr. Castleman or any one else should exhibite complaints or 
articles against me, I may have a copy of them, and if I 
can't justify myself, I shall willingly submitt to my fate. 
Signed, Ben. Bennett. Endorsed, Eecd. 14th, Eead 17th Dec., 
1708. Holograph. 3 pp. [C.O. 37, 8. No. 75; and 08, 6. 
pp. 438-441.'] 

73. Same to same. The duplicate of your Lordps. of April 
15 (the original not yet come to hand) concerning the trade 
to Africa, I reed, on Aug. 2, and the 3rd being Council day, 
I had that speedy opportunity of qualifying myself to answer 
what is required therein : 

(1) No negroes, either- on the Royal African Company's 
acct. or separate traders, have been imported into these Islands 
directly from Africa since June 24, 1698 to Dec. 25, 1707. 

(2) About 36 years agoe, a small ship (her name nor 
Capt's. remembred), went from hence to Callebar on the coast of 
Guiny, and brought back 125 negroes, near half of whom were 
disposed off here (but att what prices I cannot le.arn) ; the 
rest were reshipt for Carolina and Virginia. Also ubt. 25 
years since, another ship went from hence to Callebar, comanded 
by one Capt. Stone (her name not remembred) and broug-ht 
back abt. 90 slaves: But most of them was carry'd to North 
Carolina, Virginia, and places on the Continent, and there 
disposed off, but att what rates can't be mform'd. And the 
way this plantation has been supplyed witih negroes hath been 
from Barbados. 

(3) Not one vessell is employed to goe from this place to 
the coast of Africa, either on the Company's acct. or separate 
trade. I shall carefully observe your Lordps.' commands in 
transmitting half-yearly accts. of negroes, by whom imported, 
and att what rates sold, if any vessells arrive here from the 
coast of Guiny: And as for not haveing given an account accord- 
ing to my Instructions of the number of negroes these Islands 
are yearly supplyed with, I answer; that since my arrival!,, 
I have not heard of any negroes being imported to be sold ; 
this Country for several years haveing been (by their great 
increase) over stockt, which has occasioned many of them to 
be sent to the Southerne' plantations, and Northern parts of 
America, and there disposed of. Signed, Ben. Bennett. En- 
dorsed as preceding. Holograph. 3 pp. [C.O. 37, 8. No. 76 ; 
and 38, 6. pp. 441-443.] 

74. Lt. Governor Bennett to Mr. Popple. Refers to Castle- 
man etc. as in No. 72. Signed and endorsed as preceding. 
Holograph. 2 pp. [C.O. 37, 8. No. 77 ; and 38, 6. p. 444.] 



60 



COLONIAL PAPERS. 



1708. 

Aug. 4. 75. Lt. Governor Bennett to Mr. Popple. Refers to former 

Beiii'uda. letters. I have now none to answer, etc. Signed and endorsed 

a? 'preceding. Holograph. 1 p. [C.O. 37, 8. A 7 o. 78; tnd 

38, 6. p. 445.] 

Aug 4 76. Mr. Secretary Boyle to the Council of Trade and 

Whitehall. Plantations. Encloses following for their report to H.M. Signed., 
H. Boyle. Endorsed, Reed. 4th, Read 9th Aug., 1708. 'l p. 
Enclosed, 

76. i. Extract of letter from Col. Jones, Antigua, March 
9, 170| . q.v. 1 p. [C.O. 152, 7. Nos. 51, 51.i.; and 
153, 10. pp. 186, 187.] 



Aug. 4. 

Whitehall. 



Aug. 4. 

Whitehall. 



Aug. 7. 

Boston. 



Aug. 8. 
Wicdsor. 



[Aug. 10.31 



77. Council of Trade and Plantations to Governors of Plan- 
tations. Circular letter requiring annual accounts of Stores of 
War to be sent in pursuance of Order of July 25, 1708, upon 
pain of H.M. highest displeasure. [C.O. 5, 1362. pp. 398- 
300; and 324, 9. pp. 250- 252; and 5, 727. pp. 51-53.] 

78. Council of Trade and Plantations to Mr. Secretary 
Boyle. Communicate news contained in Governor Handasyd's 
letter of June 17. 1 pp. [C.O. 138, 12. p. 312; and 318, 
3. No. 35.] 

79. Governor Dudley to Mr. Popple. Acknowledges re- 
ceipt of letters of May 7, 1707 etc. With all solemnity the 
Union was published at Boston, and a few days after at Ports- 
mouth in New Hampshire, and H.M. commands read in Council, 
etc. It is a very great accident if this letter come safe. Signed, 
J. Dudley. P.S. Here are two ships runners this comes in 
one and my letters to their Lordships of the same date are 
in the other that one may arrive, tho I hope for both. Endorsed, 
Reed. Oct. 30, Read Nov. 10, 1708. 2 pp. [C.O. 5, 865. No. 
1; and 5, 913. pp. 24-26.] 

80. Lord High Admiral to the Queen. Having received very 
pressing applications from the merchants tradeing to Jamaica, 
Barbadoes, Leeward Islands, Virginia and Portugal, that a 
squadron of H.M. ships may be sent into the Soundings for 
security of their trade from the squadron gone to sea under 
Monsieur Du Gue, and ten or eleven ships having been appointed 
to convoy the Queen of Portugal to Lisbon, I humbly propose 
that the remainder of tihe 26 ships under the command of Sir 
George Byng be forthwith ordered^ into the Soundings, for the 
security of the Trades coming home, in regard their convoys 
are very weak, and that the merchant ships expected from 
Jamaica have no convoy at all. Signed, George. 1^ pp. [S.P. 
Naval, 7. under date.~] 

81. Col. Lloyd to the Council of Trade and Plantations. 
Since I had the honour to wait on your Lordships last, I reed, a 
letter from Brigadier Genii. Handasyde, who tells me he has 






AMERICA AND WEST INDIES. 



61 



1708. 



Aug. 10. 

Whitehall. 



Aug. 10. 
Whitehall. 



Aug. 11. 
Whitehall. 



Aug. 11. 

Whitehall. 



Aug 11. 

Whitehall, 



put a stop to the intended escheat of my Negroes, but advises 
ine to take such methods as may prevent any accidents in case 
of alteration of Governmt. I, and those whose Estate I possesse, 
have been 37 years in quiet possession, nor doe I yet know 
any defect in my title; but because there are sometimes extra- 
ordinary proceedings in those remote country s, I humbly de- 
sire that your Lordships will represent the matter to H.M., 
SOB as there may be an order to the Governors to doe what 
my Agents in that country shall desire ad corroborandum titu- 
lum as was donne in Mr. Whitchurch, his case. Signed, Richd. 
Lloyd. Endorsed, Eecd. Read Aug. 10, 1708. 1 p. [0.0. 
137, 8. No. 15 ; and 138, 12. p. 313.] 

82. Mr. Secretary Boyle to Governor Lord Lovelace. You 
are to pass a grant of glebe-land not exceeding 500 acres 
for the subsistance of Joshua de Kocherthall, etc. Set out, New 
York Docs. III. 328. Signed, H. Boyle. . [0.0. 5, 210. p. 112.] 

83. Council of Trade and Plantations to the Board of 
Ordnance. Enclose copy of account of Stores of War at Barba- 
does. Of. May 18, 1708. [0.0. 29, 11. p. 287.] 

84:. Mr. Popple to Mr. Solicitor General. The Lords Com- 
missioners of Trade and Plantations having occasion to consult 
you upon two Acts past in the Leeward Islands, they have 
commanded me to send you the state of the case as follows, 
vizt. : The 8th Feb. 170f , an Act was past by the General! 
Assembly of Antego, for establishing Courts, etc. The 22nd 
June, 1705, an Act was past by a General Assembly of all 
the Leeward Islands at Nevis, whereby the aforesaid Act is 
enacted to be in force throughout all the said Islands. Dec. 
12th, 1705 the forementioned Act past at Antego was repealed 
by the Queen : that past by the General Assembly of all the 
Islands at Nevis not being then transmitted over for H.M. 
pleasure. Upon which they desire your opinion, whether the 
Queen's repeal of the Antego Act does not supercede and make 
void the Act past at Nevis ; and whether the said Nevis Act 
does not remain in force till there be a particular and express 
repeal thereof by the Queen. [O.O. 153, 10. pp. 188, 189.] 

85. Mr. Secretary Boyle to the Council of Trade and Plan- 
tations. Reply to Aug. 4. H.M. is not duly informed whether 
Capt. Vetch's proposal be of such use as to deserve incour- 
agement. You are to report your opinion, in order to H.M. 
declaring her further pleasure, etc. Signed, H. Boyle. En- 
dorsed, Reed, llth, Read 13th Aug. 1708. 1 p. [0.0. 323, 
6. A 7 o. 69 ; and 324, 9. p. 253.] 

86. Mr. Popple to Mr. Burchett. Encloses copies of affi- 
davits relating to Capt. Fane, to be laid before H.R.H., ihe 
Lord High Admiral See May 18, 1708. [O.O. 29, 11. p. 288.] 



62 COLONIAL PAPERS. 

1708. 

Aug. 13. 87. Council of Trade and Plantations to Governor Handasyd. 

Whitehall. 'Acknowledge letters of May 19 and June 17. The information 
we had in relation to the privateers who had committed irregu- 
larities on the Spanish coast was not from Commodore Kerr, 
and besides you might have perceived by what we writ July 
31, 1707, that it was not a report lightly taken up, for we 
told you that we had it from very good hands. We are not 
a little surprized at what you write about transmitting the 
Minutes of the Assembly according to H.M. Instructions, all 
H.M former Governors of Jamaica, as well as those of the other 
Plantations, constantly doing it. But seeing you find such 
difficulty in complying with that part of H.M. commands, we 
think it needfull that you inform yourself of the grounds and 
reasons why a thing, designed only for the good and benefit of 
the Island, should meet with any obstruction or opposition, 
and if you find that no reason is offer'd against it, and that 
it appears only to be humour and obstinacy, you are to return 
to us the names of such obstinate opposers, and in the mean- 
time you are to take notice and to acquaint whomever it may 
concern, that H.M. does require and expect that her orders 
in this particular shall be punctualy complyed with. As for 
prizes you will see by ye Act for the encouragement of the 
trade to America, that that matter is now otherwise regulated; 
however, it will be necessary that when any prizes are taken, 
either by H.M. ships of war or by tihe Jamaica privateers, that 
you give us as particular an account thereof as may be for 
H.M. information. And upon this occasion we cannot but 
rejoice with you for Commodore Wagger's good success. And 
we doubt not from the good character we have of him but he 
will be able to give a good account of the ships that are in 
the Havana with Mr. du Casse. We are very sorry to perceive 
the Spanish trade is so dull but if care be taken that the 
privateers be kept within just bounds, as is provided by the 
last mentioned Act, we doubt not but that trade will increase 
and flourish again. We expect the account of the Pattent Officers 
you promise. As to the copy of the Proclamation which you 
have sent us, we can by no means approve thereof, for ,in 
one place it is said, "and as an encouragement to all such 
as shall discover any such lands so held upon orders or other- 
wise without patent as aforesaid, whereof the possessor or 
proprietor shall neglect our bounty hereby offered ; we do hereby 
promise that we will grant such patents of land so conceal'd 
to such discoverer" etc., which, is contrary to H.M. Instructions, 
for by the said Instructions you are not to make grants of for- 
feited lands or escheats, till H.M. pleasure be known therein. 
As you will perceive by H.M. Order in Councill of May 26. 
And you will more particularly understand H.M. pleasure in 
these matters when you shall receive an additional Instruction, 
now lying before H.M. for her Boyall signature, upon the 
Petition of divers merchants in relation to your proceedings 
against their lands and negroes. We writ you at large in our 
forementioned letter of June 25 in relation to the Members of 



AMERICA AND WEST INDIES. 



63 



1708. 



Aug. 13, 

Whitehall. 



the Councill, being Factors to the African Company, whereto 
we now refer you. We also acquainted you in our foresaid 
letter, that H.M. had been pleased to appoint Mr. Peck of the 
Councill in the room of Col. Sadler deceased, and therefore 
when Col. Low and Col. Long shall arrive, there will be 11 
Counsellors upon ye Island; and we shall take the first oppor- 
tunity to offer another person to H.M. to make the number 
of Counsellors compleat. [C.O. 138, 12. pp. 314-317.] 

88. Council of Trade and Plantations to Governor Crowe. 
'Acknowledge letter of May 18. As to what you write touching 
the repeal of the Act about the Governor's holding General 
Sessions, and to the new one past and transmitted hither, we 
shall take the said Acts into consideration at a convenient 
time, and lay the same before H.M., and so soon as H.M. shall 
have declared her pleasure thereupon, we shall signify the same 
to you. Before we sent you our opinion upon your suspension 
of tLe Law mentioned in our letter of Jan. 29 last, in relation 
to Mr. John Holder, we had read and maturely considered that 
part of the Minutes of Council and Assembly which you, sent 
us touching that matter, and are therefore very much sur- 
prized at your saying, that if we had perused the Minutes of 
Councill at a Court of Grievances, we should have seen that 
you had no share in suspending the execution against Holder. 
We admit, that writs of error or appeals from inferior Courts 
brought before you in Councill, or other matters cognizable in 
Council, the same being determined by a majority, do become 
the acts of that Board, for which you are not personally answer- 
able ; but for the reasons sent you, June 25, we take Holder's 
case to be of another nature, and are still of opinion that the 
suspending of execution upon the judgment passed against him 
by an Act of the Legislature, is a matter no ways cognizable 
before you in Councill, or releivable by any other authority than 
of the Legislature, by which, the said Law was first made. 
We must observe to you, that among the Acts of Assembly 
last transmitted to us, we find one (relating to the late repealed 
Paper Act) wherein there is a clause to compel Holder to 
account for a summe of money, therein mentioned in like 
manner and under the like penalties and forfeitures as are 
contained in that former Clause, for his refunding the 5 per 
cent., while that Law (so lately passed and by a new Assembly) 
was depending, he had a good opportunity of applying for 
relief against the hardships complained of in the refunding 
Clause, but we presume he had no hopes of relief, tho' from 
a new Assembly, since we do not find from the Minutes of 
CouLcill or of Assembly, that any step has been made therein; 
and by this our observation, you will find that we have perused 
the papers last sent us. We shall expect the list you promise 
us of all the Patent Officers, and the value of their places, by 
the first conveyance, as also the copies of the Publick Accounts, 
together with those of the Revenue. We shall consider whit 
you write in relation to Counsellors, and give you notice of 



64 



COLONIAL PAPERS. 



1708. 

what shall be done therein. We have layd before H.R.H. 
the affidavits etc., against Capt. Fane. You ought yourself 
to have transmitted them to H.B.H. as well as to us. We 
arc glad to hear that H.M.S. Greenwich, in her cruizing, has 
met with and taken a French prize. You will do well to 
send us the best account you can of all prizes that shall be 
taken from time to time. You say that in the new Commission 
of the Peace, we shall find there are none but men of the 
best estates. You would have done well to have incerted in 
the list of their names, to which you referr, their qualifications, 
for the bare list of them gives us no information. [C.O. 29, 
11. pp. 289-293.] 

Aug. 16. 89. Council of Trade and Plantations to Mr. Secretary 
Whitehall. Boyle. Reply to Aug. 11. Capt. Vetch's proposal is still under 
our consideration, in order to our laying the same, with our 
opinion upon it before H.M., which we shall do with as great 
a dispatch as the nature and weight of such a matter will allow. 
In the mean time, from what we have hitherto been able to 
observe upon it, we think Capt. Vetch's proposal of such use 
as to deserve incouragement. Wherefore, in regard it is neces- 
sary that it be duly examined and considered, and that in the 
doing thereof, it may be proper from time to time to confer 
with the proposer (of w^om we have heard a good character), 
as well while the same is before us, as when it shall fall 
under H.M. further consideration, we are of opinion that he 
be directed and incouraged to attend H.M. commands here in 
relation to his said proposal. And having discoursed him as 
to his stay here, we find that his attendance here will oblige 
him to some charge, lie having a wife and family at New 
York ; whither his occasions call him, and would be going 
thither in company with the Lord Lovelace, if not required to 
attend here. Nevertheless, if H.M. will graciously please to 
allow him after the rate of 10/- day, so long as it shall be 
found necessary to continue him here, he will rest satisfied 
therewith; he proposing it only to enable him to subsist, and 
not to capitulate any thing for himself. Autograph sic/natures. 
2 pp. [C.O. 5, 1084. A T o. 38; and 324, 9. pp. 253/254.] _, 

Aug. 16. 9O. Council of Trade and Plantations to the Queen. Recom- 
Whitehall. mend the appointment of Wm. Bird to the Council of Virginia. 
[C.O. 5, 1362. pp. 300, 301.] 



Aug 16. 

Whitehall. 



91. Council of Trade and Plantations to Governor Parke. 
Since our letter of June 25, we have received none from you, 
however we cannot omit this opportunity of acquainting you 
according to your desire with such complaints as have been 
laid before us. We are informed that at Antego the Gentlemen 
Officers and soldiers are ill used; that strangers are made 
officers over the heads of Gentlemen who had served many 
years ; that the soldiers are sent in private sloops to trade 
without the officer's knowledge or consent; that the Assembly 



AMERICA AND WEST INDIES. 



1708. 



Aug. 17. 

Whitehall. 



Aug. 17. 

Whitehall. 



Aug. 17. 
Barbados . 



upon three days sitting was dissolved only for addressing in 
behalf of a poor woman, who 'had soldiers" put into her house 
to take possession of the same without law or reason. This 
being the substance of what we have been informed of, we 
shall expect from you a full and clear answer thereunto, with! 
such affidavits as you shall find necessary in your own justifi- 
cation, and as it will be for your interest, that nothing of 
this kind may remain unclear'd, we are of opinion this our 
letter be communicated to the Councill, and accordingly we 
advise you to it, that if there be no grounds for the said 
complaint, you may publickly make the same appear. And if 
there be any persons who think they are aggriev'd or have 
reason to complain, and are willing to make out the same, you 
are to permit them to do it before the Councill, and to take 
such affidavits relating thereto as they shall judge necessary, 
whereby you will have an opportunity of answering such com- 
plaint, and of transmitting the same to us. This we look 
upon to be so much for your advantage and service, that we 
cannot doubt of your ready complyance herewith. FC.O. 153, 
10. pp. 189, 190.] 

92. W. Popple to Col. Homer. Encloses copy of stores 
of war demanded for New Hampshire. The Council of Trade 
and Plantations desire you to give them an account of what 
stores there were remaining there when you came from thence ; 
as likewise of what you think necessary to be sent. \C.O. 
5, 913 pp. 4, 5.] 

93. Council of Trade and Plantations to the Board of 
Ordnance. We desire you to let us have an account of what 
Ordnance stores were last sent to New Hampshire. [C.O. 
5, 913. p. 5.] 

94. Governor Crowe to the Council of Trade and Plan- 
tations. In obedience to your Lordships' commands of Aprill 
15th, I have made as strict an examination as I can into 
the Affrican trade since June 24, 1698, and am sorry to tell 
yr. Lordshipps tha/t I can get but an imperfect acct. thereof, 
by reason severall merchants, who had negroes consigned them 
are either dead, or gon off with their books, and Messrs. 
Heyshams ffactors has sent theirs home ; so the inclosd paper is 
the best that I could procure from those Gentlemen that remain, 
by wch, your Lordships will perceive that negroes has been 
since an open trade very dear here, the best from 30 to 40 
each, and in an average amounts to about 23.8. per head, 
there is little or no difference in the prices betwene what the 
Company and private traders sold at the same time. By the 
Navall Office list (wch. is the most correct), yr. Lordshipps will 
perceive there has been 34,583 imported from June 24th, 1698- 
1708. of wch. 9006 by the Affrican Cornpa., wch. is above , 
and the whole makes but 3458 per annum. Whereas to keep 
up the present stock of this Isld. computed at 52,000, and 

Wt. 11522, C P 5 



66 COLONIAL PAPEES. 

1708. 

7 per cent, per annum the common decreas amounts to 3640, so 
that if there is not a greater supply, negroes will rather advance 
than lower their prices ; the want whereof occasions above J 
of the lands lying uncultivated, and there is not ten plantations 
fully handed. When the Company had the sole trade to Affrica., 
negroes indeed were much cheaper here, and I find these reasons 
for it. (1) They could slave on the coast on Iheir own terms, 
whereas the separate traders goeing there, advanced the price 
from 4 to 10 per head. (2) The produce of this Island was 
then more advantagious in returns, bills of exchange goeing 
at parr, but rarely above 10 p.c., whereas now they pay 30 
to 35 (3) The high premio on insurance and loss by the 
warr, many shipps haveing miscarryed. (4) As the Collonies 
increas so doth the demand for negroes, wch. has drain'd 
the coast, so that now they are forced to be supply 'd at a 
greater charge from the inland countries. 

By the accompt of the 10 p.c. yr. Lordships will find whatt 
trade lias been drove from hence to Affrica, and that of 111 
vessells loaden here since Dec. 9, 1698, only 18 has been pn 
the Companies account, and those in the late years when the 
Compa. perceiv'd the separate traders began to neglect it. I 
find only Messrs. Carter and Harbin amongst the traders here 
that still continew it on their own acct., and that so little 
that 'tis not worth mentioning. I have consulted wth. severall 
of the principall planters and antient inhabitants, and find 
they are of opinion the plantations can never be well tup- 
ply'd but by a united stock, for any little discouragemt. to 
private traders may occasion their desisting, and then the 
Collonies must suffer, as is evident in these two last years ; 
only one small shipp and two sloops has arriv'd on the private 
traders' account with 350 negros, whereas to keep up the 
number now on the Island, and supply what are wanting we 
should have at least 5000 per annum, but except a Compa. 
have a sufficient stock, and oblidg'd to transport such a number 
yearly to the Collonies, it may prove of very dangerous conse- 
quence. Signed, M. Crowe. Endorsed, Reed. 19th, Read Nov. 
23rd, 1708. 2 pp. Enclosed, 

94. i. Account of negroes imported into Barbados, since 
June 24, 1698, (a) by private traders, 7218, sold for 
159,138. 6. 8., + 1362 negroes consigned to John 
Grove, who "would give noe acct. of ye sales, being a 
Quaker." (6) imported by the Royal African Company 
1700-1708, 5982 negroes sold for 156,425. 7. 6. En- 
dorsed, Reed. Nov. 19, 1708. 2 pp. 

94. ii. Naval Officer's List of negroes imported into Bar- 
bados, June 24, 1698 Dec. 1707, 34,583. Same en- 
dorsement. 1|- pp. 

94. iii. Account of the 10 p.c. duty on negroes imported 
into Barbados, Dec. 9, 1698 June 30, 1708. Total, 
7443. 2. 9. The African Company paid no duty, but 
the total includes what the duty would have amounted 
to. Names of ships given. Same endorsement. 3 pp. 



AMEKICA AND WEST INDIES. 67 

1708. 

10. 0. 28, 11. Nos. 23, 23. i-iii. ; and (without en- 
closures] 29, 11. pp. 319-323.] 

Aug. 17. 95. Governor Crowe to the Earl of Sunderland. Encloses 
Baibados. copy of following. Unlesse there be two convoys yearely from 
England, and new Orders to H.M. men of warr, this place 
cannot subsiste. I hope Mr. Coxes letter has fully satisfied 
your Lordship etc. Signed 1 , M. Crowe. Holograph. 1 p. fin- 
closed, 

95. i. Duplicate of part of following letter. TC.O. 28, 38. 
Nos. 71, 71. i.] 

Aug 18. 96. Governor Crowe to the Council of Trade and Plantations. 

Barbados. Acknowledges letters of May 14 and June 25. The last As- 
sembly was not dissolved, but fell in cource, their year being 
expired, neither had I any difference with them, it was the 
Members of the Councell and they, that could not agree about 
the bill of excise, so that I perceive your Lordships misappre- 
hended that matter. I have not only often recommended to 
them the necessity of raising money to compleat Fort St. Ann, 
and dischargeing the debts and accrueing charges of the Island, 
but put them into a method of raising funds for the .same, 
wch. is now under their consideration, and most of the publick 
accompts stated. The Fleete arriv'd here on the 8th past, it's 
allmost loaden and will be ready to sail in 20 days, their 
passing the Maderas is a great disappointment, not only to 
the publick (for the Customes commonly amounted from 5 to 
7000) but wine, wch. is the common drink here, and ased to 
be sold for 15 is now 35 per pipe. Except two convoys be 
allow'd annually as was appointed, the planters will not be 
able to hold their estates, for the shipps per last will not be 
able to carry off the crop, wch. makes ye masters stand on 
high ffraights, now demand 12s. 6d. p.c. and good sugar may 
be bought at that rate, above 3000 hhds. will be left in the 
store-houses. I cannot but observe to your Lordshipps the 
inconveniencie that may happen by the Parliament's takeing 
away the Governor's power of pressing men for H.M. shipps. 
The Prince has given orders to the men of warr yt. attend 
this Island (notwithstanding any former orders) to return to 
England when the shipp's company by sickness or otherwise 
shall be so far reduc'd, that there remains but men enough to 
carry them home, (wch. is left to the Capt. 's discretion), so 
that if they should happen in a cruice to meet wth. an enemie 
that destroys them any number of men, or by sickness or by 
any other accident disabled, the Isld ; will be left without any- 
thing to guard it ; so that 'two French sloops will take all 
our Northern trade and starve us. Neither has the country 
money or credit to fitt out vessells, it now pays to Mr. Roberts 
20 p.ct. for the intrest of whatt he disburst on the three 
sloops that were sent to look after Ducass. 

A list of Patient. Offices: The Attorney Generall has not 
been in one year, so can give no annual vallew theirof ; The 



68 



COLONIAL PAPEBS. 



1708. 



Register in Chancery, 500 ; the Provost Marshall, 400 ; Navall 
Office, 300; Clarke of the Crown, 70; Clarke of the Market, 
80. Signed, M. Crowe. Endorsed, Reed. Nov. 25, ReadDea 
3, 1708. ' 2 pp. Enclosed, . 

90. i. Copy of Address of the Assembly of Barbados, to 
Governor Crowe, Sept. 4, 1708. Reply to complaints 
of three Members of Council as to his male-adminis- 
tration in detail. There has 'not been so general a 
satisfaction and so much quiet in this Island for 4 
years. The principal! grounds for dissatisfaction 
remaining are, (1) Poverty owing to the paper bills, 
and the late arbitrary government of Sir B. Granville, 
wch. has made several hundreds of the inhabitants 
leave. (2) A full inquiry has not yet been made into 
the bribery and corruption by wch. that paper money 
was forced upon us, (3) or into the villainous treat- 
ment of Major Lillington and Col. Downes. (4) The 
grievous extortions in the Register's Office of vhe Court 
of Chancery are not yet reformed. (5) The simon- 
aicall disposall of Church liveings in the time of Sir 
B. Granville are not yet enquired into. Signed, William 
Grace, Clk. of Assembly. Endorsed as preceding. 3 pp. 
96. iL List of Baptisms and Burials. 

St. Michaels from May 23, 1707 to Aug 1708 



St. Josephs 
Christ Church 
St. Peters 
St. Lucys 
St Georges 
St. Thomas 
St. James 
St. Andrews 
St. Philips 
St. Johns 

Same endorsement. 



May, 170 

June 24,1707 

June, 1707 

Jan., 

June, 

May, 

May, 

Aug., 

May, 

Sept., 



1708 
1707 
1708 
1707 
1707 
1707 
1707 
iP- 



Baptisms. 

110 

25 

65 

32 

51 

12 
3 

25 

20 
106 

19 



146 
6 
39 
38 
12 
35 
5 

21 
10 
29 
22 



96. iii. Abstracts of causes determined in Courts of Common 
Pleas, April-Aug. 1708. Endorsed, Reed. Nov. 25, 
1708. 58 pp. [C.O. 28, 11. Nos. 40, 40. i-iii. ; and 
(without enclosures) 29, 11. pp. 343-347.] 

Aug. 18. 97. Order of Queen in Council. Alexander Skeen is dis- 

Ken&ington. missed from the post of Secretary of Barbados. Cf. July 8. 

Signed, Chris. Musgrave. Endorsed, Reed. Sept. 15th, Read 

Oct. 25, 1708. 1 p. [C.O. 28, 11. No. 13; and 29, 11. 

pp. 298-299.] 

Aug. 18. 98. Order of Queen in Council. Appointing Wm. Bird 

Kensington, to the Council of Virginia. A warrant to be prepared accordingly. 

Signed, Chris. Musgrave. Endorsed, Reed. Sept. 15, Read 

Oct. 25, 1708. H pp. [C.O. 5, 1316. No. 4; and 5, 1362. 

pp. 301-303.] 



AMERICA AND WEST INDIES. 69 

1708. 

Aug. 18. 99. Mr. Solicitor General to Mr. Popple. 'Reply to Aug. 11. 

I am of opinion that the Repeal of ye Antego Act dos not make 
void the Nevis Act. For the Act wch. passed ye Generall As- 
sembly at Nevis subsist by the authority of that Assembly, 
and is not to be look'd upon to be dependent on the Antego 
Act. When ye authority that made it to be a Law in the 
Leeward Islands, or the Queen shall think fit expressly to repeal 
it, it will determine. But till then I shall looke upon it to; 
be in force. Signed, Jas. Mountague. . Endorsed, Reed. 18th, 
Read 20th Aug., 1708. Holograph. 2 pp. [C.O. 152, 7. 
A T o. 53 ; and 153, 10. pp. 192, 193.] 

Aug. 18. 100. Memorial from Mr. Dummer concerning the Act for 
encourageing Trade to America. The limmit-ing clause is, No 
molestation whatsoever between Rio de la Hatch and .^iver 
Chagre, or within 5 leagues at sea of any part of that shore 
to any sloop, etc. Coleby's expedition is a breach of this Law, 
the effect whereof has broaken the private trade of Jamaica to 
that part of the Continent in a very great degree, and if not 
remedied will preclud it wholly. The remedy to retrieve the 
said trade is, that all privateers who shall cruize to leward 
of River de la Hatch, be charged with instructions annex'd' 
to their Commissions of the conditions underwritten upon se- 
curityes unquestionable (1) That they shall attack and take 
no other ship, on that coast, but such as shall be mann'd 
and sailed with French men ; preserving the ship's company 
to evidence the lawfullness of the capture. (2) That in case 
they take or destroy any Spanish coasting vessell mann'd with! 
Spanyards on the said shore, carrying coastwise the manu- 
factures of Europe, that then they shall be subject to the 
penalty of paying to the Spanyard the double value in the 
same species they shall so take or destroy. And the coppyes 
of such instructions being sent to the Spanyard will revive the 
trade. Subscribed in another hand: N.B. Add another in- 
struction viz., That no goods of the growth, product or manu- 
facture [? of H.M. Dominions. Ed.] brought in by any priva- 
teer, shall be accounted lawfull prize. Endorsed, Reed. Read 
Aug 18, 1708. 1 p. [C.O. 137, 8. No. 16; and 138, 12. pp. 
318, 319.] 

Aug. 18. 101. Order of Queen in Council. Referring following to 
Kensington, the Council of Trade and Plantations for their report. Signed, 
Chris Musgrave. Endorsed, Reed. Oct. 27, Read Nov. 12, 1708. 
| p. Enclosed, 

101. i. Edward Jones to the Queen. Charges against Lt. 
Governor Bennett, as supra. Copy. 30;* pp. [C.O. 
37, 8. Nos. 71, 71. i.; and 38, 6. pp. 424-431.] 

Aug. 18. 102. Order of Queen in Council. John Peek is appointed 

Kensington, to the Council of Jamaica. A warrant to be prepared accordingly. 

Signed, Chris. Musgrave. Endorsed, Reed. 5th, Read 25th Oct., 

1708. 1J pp. [C.O. 137, 8. No. 19 ; and 138, 12. pp. 327, 328.] 



COLONIAL PAPEES. 



1708. 
Aug 18. 

Kensington, 



Aug. 18. 

Kensington, 



Aug. 19. 

Kensington. 



Aug. ia 

Tunbridge 
Wells . 



Aug. 20. 

New York. 



103. Order of Queen in Council. Approving Additional In- 
struction to Governor Handasyd relating to escheats (See July 
30). Siqned and endorsed as preceding, f p. [C.O. 137, 8. 
No. 20;' and 138, 12. pp. 328, 329.] 

104. Order of Queen in Council. Mr. Lewis Morris is 
appointed to the Council of New Jersey, instead of John Harrison 
(See July 1). Signed, Chris. Musgrave. Endorsed, Eecd. 15th 
Sept.. Eeacl 25th Oct., 1708. f p. [C.O. 5, 970. A T o. 79; 
and 5, 994. p. 464.] 

105. H.M. Additional Instruction to Governor Lord Lovelace. 
You are to admit Lewis Morris to Our Council of New Jersey, 
and also to cause him to resume his former place therein, etc. 
[C.O 5, 210. p. 113.] 

106. Mr. Way to Mr. Popple. Becommends Mr. Hotchkyn 
to supply a vacancy in the Council of Jamaica. Signed, Benj. 
Way. Endorsed, Eecd. Aug. 21, 1708. Holograph. Addressed. 
Postmark. p. [C.O. 137, 8. No. 17.] 

107. Governor Lord Cornbury to the Council of Trade and 
Plantations. Since I wrote to your Lordshippes by the Elisa- 
beth gaily, one Sylvanus Grevill Master, bound from this port 
to Bristol, by which I acknowledged the receit of your letters 
of June, 1707, I have not been favoured with any fetters ,from ! 
your Lordshipps. Since that ship sailed, I have been up at 
Albany in the hottest season of the year, which made my 
voyage very uneasy as well as dangerous for health, but having 
been informed by the Commissioners for Indian affairs that 
the Sachems of the Five Nations had sent them word that 
they would be at Albany by July 15, and that they desired 
I would meet them at that time, I immediately ordered a sloop 
to be got ready, and notwithstanding the heat of the weather 
which was excessive (it being the hottest summer I have yet 
felt since I came into America), I got to Albany on July 16. 
None of the Sachems were then come, but the next day one 
Kunasore, who is ,the chief Sachem of the Onondagos, and 
Cagnaquinny, one of the chief Sachems of the Oneides, with 
three other Indians came to towne, and hearing that I was 
there, they came to me and told me that they came to bid 
me welcome to Albany, that they had noe businesse, but came 
only to trade, I asked them where the rest of the Sachems 
were : they told me they were busy in making canoes, at ,a 
place which they named, and is 160 (miles from the first of the 
Mohacks' Castles, consequently 200 miles from the towne of 
Albany, I asked them if they knew when the Sachems intended 
to be at Albany, and if they knew of a message the Sachems 
had sent to the Commissioners for tihe Indian Affairs, they 
said they did believe the Sacliems did intend to be at Albany 
in a month's time, but they were not sure ; that they ihad 
heard that the Mohacks had sent a message to the Com- 



AMERICA AND WEST INDIES. 71 

1708. 

missioners, but that they did not know of any time appointed 
for their coming. I desired them to send one of their young 
men to the Sachems to know when they would come, which' they 
did, and he being returned told me that the Sachems were 
at work upon their canoes, and that they could not come 
till ' they had finished them, which would be about a month, 
upon that I resolved to return to New York, where thie As- 
sembly were to meet upon August 18, but I must acquaint 
your Lordshipps that during my stay at Albany, twelve of 
the farr Nations of Indians came to trade with our people, 
there arc two "Nations of them who are called Twigtwicks anct 
Dionondadees, the nearest of their Castles is 800 miles from 
Albany, I have been these five years endeavouring to get those 
Nations to trade with our people, but the french have always 
dissuaded them from coming till this year, and this year, 
goods being very scarce, they came to Albany, where our people 
have suplyed them with goods much cheaper than ever the 
french did ; and they have promised me to return in spring 
with a much greater number of their Nations, which will be 
a very great advantage to this Province ; I did, in a letter 
of June 25, inform your Lordshipps that three french souldiers, 
who had deserted from the french at a place called by them 
Le Destroit, were come to Albany, while I was at Albany, 
another deserter came from the same place, whom I examined 
my self, and I send here inclosed a copy of his examination, 
by which your Lordshipps will perceive how easily the french 
may be beaten out of Canada, I did send a proposall for that 
purpose to the late Lords Commissioners for Trade and Plan- 
tations in 1702. The better I am acquainted with this country, 
and the more I enquire into matters, soe much the more I 
am confirmed in my opinion of the facillity of effecting that 
conquest, and by the method I then proposed, to which I 
refer ; the advantages that would attend that matter are very 
many, and perticularly this, that Newfoundland will be a very 
easy conquest after Canada is reduced, what an advantage the 
having all Newfoundland would be to England I believe every- 
body sensible of, and that that would be the certain consequence 
of reducing Canada, is most true ; besides this deserter, there 
is come to Albany one Montour, who is the son of a french 
Gentleman, who came above 40 years agoe to settle in Canada, 
he had to doe with an Indian woman, by whom he had a son 
and two daughters, the man I mention is the son, he has 
lived all along like an Indian, some time agoe he left the 
french, and has lived among the farr Indians, and it is chiefly 
by his means that I have prevailed with those farr Nations 
to come to Albany, he has given me the same account /of 
Canada that the deserter did; the regular forces in Canada 
consist of 28 companys of foot, at their first coming they 
were fiftys, but now by death and desertion the strongest of 
them is 'but 22, some 16, most of them 12 or 14, Canada is 
now governed by one Monsieur de Vaudreuil, under him one 
jVIonsieur de Ramsay commands at Montreal, which is the 



1-2 



COLONIAL PAPERS. 



1708. 

upper part of Canada, in which the whole number of men 
does not exceed 800, Quebec, which is iihe lower part and much 
the larger part of Canada, has near 3000 men in all, soe 
that the whole strength of Canada does not amount to 5000 
men including the Regular forces, Quebec is fortify'd with sodd 
work, but now they have begun to fortify with stone, they doe 
it by degrees, every year some, soe that if they are not disturbed, 
in four or five years they will have finished their work, which 
will make the reducing that place much more difficult then it 
is now. I have often by letters informed the late Lords Com- 
missioners for Trade and Plantations of the necessity of having 
presents sent over from England for the five Nations of Indians ; 
without which it is impossible to keep them firm to the Crowne 
of England, they have had noe presents since the first year 
that I came hither, which is above six years agoe ; I have 
proposed it to the Assembly, which is now sitting, to raise 
a fund for presents for them this fall, I can't yet tell if I 
shall prevail with them or not, but if they doe not raise such 
a fund, I am afraid we shall loose the Indians before next 
summer. I have endeavoured to convince them of the necessity 
of the thing, therefore I am in hopes they will doe it. About 
400 sterling, well laid out every other year in England, would 
furnish presents enough to keep the Indians firm to the interest 
of England, and I don't at all question but if that were 
allowed, I could debauch a great many of the French Indians 
from them. I intreat your Lordshipps will please to recommend 
this matter soe effectually to my Lord High Treasurer that it 
may be obtained. I was in hopes to have sent you by this 
conveyance the Minutes of Councill and Assembly from the 
time of my arrivall in this Province, but the Clerks have not 
been ablo to get them ready, the Virginia fleet sailing much 
sooner then was expected, but as soon as possibly they can 
be done, they shall be transmitted etc. Signed, Cornbury. ( 
Endorsed, Reed. Read Dec. 9, 1708. Holograph. 4 pp. [C.O. 
5, 1049. No. 97; and 5, 1121. pp. 349-355.] 

Aug. 23. 1O8. Council of Trade and Plantations to the Queen. Recom- 
.Whitehall. mend that John Hallett be appointed to the Council of 13ar- 
badoes. [C.O. 29, 11. p. 297.] 

Aug. 23. 109. Governor Parke to the Council of Trade and Plan- 
Antigua, tations. I have obeyed yr. Lpps. orders to the utmost of my 
power and have sent the best acctt. I can gett of what negroes 
have been imported into my Government so far back as could 
be procured. The Agent for Antigua before Feb. 170^ is dead,, 
and Sr Tho. Cook in London is his Executer. Inclosed is aoi 
acctt. from Mr. Chester who has acted as Agent ever since. 
There has no negroes been imported from the Company to 
Nevis since I came, and their Agent before my time is dead, 
and his widdow has, or pretends has, lost the books when 1 the 
French took the Island. The private traders are either dead 
or gone of the Island that were before my time, since my 






AMERICA AND WEST INDIES. 



73 



1708. 



time there has been a smal vessell wth. abt. 180, but the master 
yt. sold them was lost in returning home. I can't learn that 
the Compa. ever had an Agent at St. Christophers, there has 
not any been imported in my time, and those merchants that 
imported any before are eighther dead or gone off the Island., 
and their books lost by the invasion or hurricane. Col. Fry 
is the Comp.'s Agent at Montserat. I sent to him the first 
opertunity I had after I had yr. Ldpps. Orders, but as yet 
have no answer, nor have I any from the Lt. Governor what 
has been imported by private trade, the number I am informed 
is inconsiderable on eighther side. There has been since my 
time but three ships and one briganteen fitted from my Governmt. 
for that trade, two by the Compa. 's Agent, and two by private 
traders, two of wch. arrived safe, the other two 'tis fear'd 
arc lost. Signed, Daniel Parke. Endorsed, Reed. Nov. 25, 
Read Dec. 7, 1708. Holograph. 2 pp. Enclosed, 

109. i. Negroes imported from Africa to Antigua, by private 
traders June 24, 1698-Dec. 25, 1707, 4945. Details 
given. Endorsed, Reed. Nov. 23, 1708. 1 p. 
109. if. Negroes imported into Antigua by the Royal African 
Company, June 24, 1698-Dec. 25, 1707. 1805. De- 
tails given. Endorsed as preceding. \ p. 
109. iii. Edward Chester's Account of sales of negroes im- 
ported into Antigua by the Royal African Company, 
Feb. 2, 170|-Aug. 26, 1707. Names of purchasers and 
prices given in detail. Number of slaves imported: 
2178. 11 pp. [C.O. 152, 7. Nos. 64, 64. i.-iii. ; and 
(without enclosures) 153, 10. pp. 228-230.] 



Aug. 23. 

Whitehall. 



11O. Council of Trade and Plantations to the Queen. Pro- 
pose Valentine Mumby for the Council of Jamaica, in the room 
of Mr Ascough, he "having been recommended to us by the 
merchants here as a person of a considerable estate in* that 
Island, well affected to your Majesty's Government, and long 
resident there," etc. [C.O. 138, 12. p. 320.] 



Aug. 23. 111. Council of Trade and Plantations to Governor Handasyd. 

.Whitehall. Since our letter to you of Aug. 13, we have further consider'd 
your complaint of the great obstruction which our privateers 
have given to our trade with the Spanish nation in the West 
Indies, and have received the like complaint from some eminent 
merchants here who are concerned in that trade. Whereupon 
we observe that such pernicious practices, contrary to H.M. 
express Instructions were committed before the Act for the 
encouragement of the trade to America, sent you May 14, could 
reach Jamaica, and do hope that since the publication of that Law 
there the like mischiefs have been and will be prevented for 
the future. Yet we think it our duty to H.M. once more to 
let you know how much we were dissatisfy'd with such practises, 
tending to the prejudice of a trade much more beneficial to 
this nation then whatever can be gained by privateering in 



74 COLONIAL PAPERS. 

1708. 

those parts. We therefore strictly recommend it to you that 
all possible care be taken in the most effectual manner to prevent 
the like for the time to come. In order whereunto, you are 
amongst other things to communicate this our letter to the 
Members of the Councill there, and to such! others as you, shall 
judge proper, and exhort them in their severall stations to do 
what in them ly's to detect, discourage and prevent all such; 
unlawfull privateering contrary to the said Act; in which Act 
there is a clause whereby all trade with; the Spaniards between 
Bio la Hacha and the River Chagre, and within 5 leagues at 
sea of any part of that shore, is to be free and unmolested. 
This you are in the most proper manner to make known ito 
all who are any wise concerned therein, and at the same time 
to signify to ym. that whoever shall presume to act contrary 
to the express directions and provisions in that Law (which 
has been judg'd necessary to our carrying on so proffitable a 
trade with the Spaniards on that coast) every such offender will 
not only incur H.M. highest displeasure, but be further pun- 
ish'd with the utmost rigour of Law. For notwithstanding 1 
the want of an express penalty in that clause, every breach 
of a Law is punishable at Common Law at the discretion of the 
Court, upon an information to be exhibitted in the name of 
the Queen's Attorney Generall. We are sensible that when a 
prize is brought into Port in order to an adjudication in the 
Court of Admiralty (as the Law directs) it will be difficult 
to prove whether such capture was made within the said limmitts 
or not, without a discovery thereof by some of the captors' 
crew, or unless the captor be required to preserve and bring 
into Port some of the ship or vessell's company so made prize 
to evidence the lawfulness of the capture, which last men- 
tioned method you may lawfully require to be strictly observed 
by all persons concerned in privateering within your Govern- 
ment, and we do expect that you give such an Instruction to 
them accordingly. As a further remedy against such unlawfull 
practices at present we see no objection to the making some 
provision for an Act to be passed the next Session of Parliament 
whereby no goods or merchandizes of the growth, product or 
manufacture of any of H.M. Dominions, brought by any ship 
of war, privateer or letter of marque, main, into any Port of 
America, except in the case of recapture, or of a French prize, 
shall be accounted lawfull prize, which we conceive will ef- 
fectually put a stop to all illegal and pernitious captures contrary 
to the said Act. But this we only mention, that in case you 
have any just objection thereto you may acquaint us with it. 
It will be convenient that in the best manner you can, timely 
notice be given to the Spaniards upon that coast of the due 
care that is taken not to molest them in their trade with 
the Queen's subjects, and that in case any damage shall at 
any time be done to them, that upon complaint made to you 
they will receive due satisfaction, which we hope will remove 
whatever discouragement in that trade they may at present 
lye under. [C.O. 138, 12. pp. 321-324.] 



AMERICA AND WEST INDIES. 75 

1708. 

[Aug. 23.] 112. Order of Queen in Council, Aug. 17, 1704. Confirming 
Eevenue Act of Jamaica. Signed, William Bl&thwayt. En- 
dorsed, Reed. 29th July, Read Aug. 23, 1708. If pp. 'C.O. 
]37 ; 8. No. 18; and 138, 12. pp. 325, 326.] 

Aug. 24. 113. Mr. Popple to Mr. Solicitor General. Encloses for 
Whitehall, his opinion an Act of Nevis, Feb. 23, 170|, for the establishing 
of Courts. The inhabitants and planters in those parts were 
so well satisfyed of the usefulness of this Law that at a Generall 
Assembly of all the Leeward Islands held in June, 17Q5, the 
same has been enacted to be in force throughout all the said 
Islands, etc. [C.O. 153, 10. pp. 193, 194.] 



Aug. 24. 114. Board of Ordnance to the Council of Trade and Plan- 

Office of tations. Enclose following (cf. Aug. 17). We have sent at 

Ordnance. S everall times stores to New England, from whence supplys 

might have been sent to New Hampshire, but wee received no 

account thereof. Signed, C. Musgrave, Wm. Bridges, Ja. Craggs. 

Endorsed, Reed. 25th, Read 26th Aug., 1708. 1 p. Enclosed, 

114. i. List of Stores of War sent to New Hampshire, July 

30, 1692. 1| pp. [C.O. 5, 864. Not. 237, 237. i. ; and 

(without enclosure} 5, 913. p. 6.] 

Aug. 24. 115. W. Popple to Lord Baltimore. The Council of Trade 
Whitehall, and Plantations having long expected that your Lordship and 
Mr. Penn should have come to some agreement relating to 
the boundaries between the Provinces of Maryland and Pensil- 
vania, their Lordships have commanded me to acquaint your 
Lordship, as also Mr. Penn, that unless the said agreement 
be made and layd before their Lordships on or before Oct. 12, 
they shall be obliged witihout delay to make their report to 
H.M. thereupon, as the same does now lye before them. [C.O. 
5, 727. pp. 53, 54.] 

Aug. 24. 116. Governor Parke to the Council of Trade and Plantations. 

Antigua. I shall in the best manner possible have the two Laws sent 
me publish'd in each of the Islands, and take care pursuant 
to yr. orders, to put them in execution, though! I shall have 
something to doe to make them observe t!he law for regulateing 
ye coine, for of late they have brought out all theyr light 
money and they take some pieces of eight for six shillings, 
which I believe tihe intrinsick value is not two, this will ex- 
asperate ithem, soe that I shall despaire of getting anything 
for house-rent that was due to me before I had your last 
instructions, the people begin now to be satisfied, the Councill 
have taken pains to satisfie them ye grievances they pretended 
in takeing Mrs. Hastings' house, and putting in soldiers was 
false, they brought severall yt. was told by Codrington's Caball, 
I had taken the house she lived in, and have show'd them the 
Hutt, which is litle bigger then a centry box and show'd them it 
stood on the Towne land, and satisfied them the soldiers could 
not live on this dear Island except they had quarters, and 



76 COLONIAL PAPERS. 

1708. 

that the Assembly woud not allow quarters, except I passed 
Laws, yt. I coud not justifie, show'd them the records, to 
Justine them that the not swearing Mr. Perry, he being uoe 
freeholder where he was chose, was according to the ancient 
custome, used from the very first Assembly downe to the late 
Coll. Coddrington's time, and then they made a law to enable 
anyone to be chose, which law was rejected at home, soe the 
same method was to be followed, which was before that Law. 
The Councill have taken soe much, pains to satisfie the people, 
that they assure me yt. in the next Assembly few or none of 
Coddrington's party will be chose. They all begin to be satis- 
fied that 'tis only a tricke to gett me out, and Codrington in,. 
they employ one Nivine, an impudent North Brittish lawyer, 
and he and this Perry and Tankard makes feasts and getts 
men drunke, and then getts them 'to signe a paper they call 
articles, against me without knowing one word of them, as 
severall of them have confessed ; others that have more sense 
they tye by giveing them an oath not to divulge them, a 
deposition relateing thereto I here send you ; some of my friends 
gott one of them drunke and asked him the Articles, he told 
them one was I had traded wth. the French. Now I can 
prove by the oaths of each man that ever went with' a flagg 
of truce, that directly nor indirectly, in my owne name nor any 
others, that ever I had goeing or coming, any more then & 
hogshead of clarratt for my owne table in each flagg of truce, 
and that I pay'd for in ready money, the Collector and Wayters 
will swear that I from my first comeing order'd them to search 
all flaggs of truce. I have taken all the care possible to 
prevent it, and I believe that is the true grievance, for myi 
predecessor, Col. Johnson, suffer'd it publickly, and has had 
himselfe six hoggsheads at a time. I order'd one Peuch to be 
prosecuted for carryeing 50 barrills of beef, but there came noe 
evidence against him, the Collector tells me he has search'd 1 them 
in the harbour, and he has been informed the sloope has gone 
into another bay, and there they have sent beefe on board in 
the night, there is noe way to prevent it, but by breakeirngi 
the Cartell, and that the Councell tells me will ruine the 
Island. This Peuch was the man that was used to be sent 
up before my time, soe I continued him, but since I heard 
of his carryeing up beefe, I never have sent him nor never: 
will for the future, though he pretends the beefe was in the 
sloope before she was press'd, and one Montegroe one of theyr 
richest merchants had sworne it, and that she was designed 
for Montserratt, and that they never designed to sell it in 
Martinecoe. I thanke God I can prove my innocency, that 
I neither had directly, nor indirectly, anything to doe with it, 
nor knew anything of it untill I had an acctt. from sayd 
Peuch that a french privateer had robbed him of it goeing 
to Martinecoe, and that it was not designed to be sold there; 
I heare another article is, Mr. Chester swears he gave me a 
bribe of 20 pistoles for a Register. I never had any gold 
or silver of him on any account in my life, it seems he calls 



'AMEBICA AND WEST INDIES. 77 

1708. 

20 barrells of damnified flower 20 pistoles, the story is this, 
he has had a briganteen and sloopes registred as by the records 
will apear at severall times, and I never tooke soe much as 
my fee, which is two pieces of eight, but some litle time after 
the Hurricane all provisions being scarce, I sent about the 
towne to buy some biskett, or flower for my negroes, hut cou'd 
not buy any. Mr. Chester came to me one morneing, and told 
me he had some flower damnified wth. salt water, the best of 
which he had disposed of, and perhaps in this scarce time 
my negroes might make shift with it, and if I pleas'd to 
trye he would lett me have tenn barrills. I asked him the 
prise, he told me it was soe bad he could set noe price, he 
wou'd put it on board my privateer sloope, to carry it to 
St. Kitts, accordingly he did, and when it came there, it was 
soe bad it was not worth my lawfull fee for one register, but 
to my very good fortune there was one Mr. Eoache a merchant 
by ; who is ready to depose upon oath what is here set downe 
is true, and that there was not one word of register, or any 
thinge like it, and by examineing the Eecord, I find that Mr. 
Chester very often registers sloopes and vessells, he had not 
registred any for severall weekes before or after he made me 
a compliment of these tenn barrills of flower, which were 
worth just nothing; An other article as I hear is, that I 
traded to Curascoa. I doe assure your Ldpps. I have never 
traded for any kind of thing. I have settled a plantation at 
St. Kitts. I thinke a shepherd will not be the less carefull for 
haveing sheepe of his owne in the fflocke, soe that I hope my 
haveing hired a plantation will not be imputed a crime, if 
it be, I have been justly punished by loss of negroes "and 
the hurricane, what I have sent for the use of my plantation, 
I employed one Mr. Bawleigh to deliver out to them, if he has 
to much of one thing, he disposes of it for some other thing 
that is wanting as every manager of a plantation does, and this 
consists only in 5 or 600 yards of cotton, and as much osen- 
brigs and blew linnen, and hoes, axes and bills and other tools. 
I hope this cant be called trade, and for sending to Curacoa, 
this is the story, at the request of the inhabitants, I fitted out 
a privateer as much to gratifie them as any profit I expected, 
she never tooke but a briganteen, loaden with ginger and sugar, 
both vessell and cargoe was sold for 700, since she has taken 
soni(3 negroes of Mary Gallante and Martinecoe, she was soe 
run out of repaire, she cou'd not be fitted here, I was advised 
to put some of the prize ginger and sugar on board her 
and send her to be fitted to Curacoa, which I did. but 
gave strickt- orders to the master to bring noe goods 
backe. And if the ginger and sugar sold for more then fitted 
the sloope to bring money backe, and I order 'd the Collector 
to see that nothing was carryed in her or brought backe but 
what might lawfully be done, it soe happned that the sugar and 
ginger sold for less then the fitting the sloope came to, soe 
that she brought neither money nor any other thing, to the 
truth of this I can have the depositions of the master and 



78 COLONIAL PAPERS. 

1708. 

all the crew, and the Collector who sent on board; the samel 
sloope has now spranke her mast, and because she must be 
sent to the northward to get a new one, none being 1 to be had 
here, I have let her to a merchant, and have nothing to doe 
with her lading, and when fitted have order'd him to sell her 
as alsoe another privateer, resolveing for the future not to 
give the least pretences for sayeing I traded, what the privateers 
tooke, and what has been seized have been sold, they cant call 
that trade, all this has been done by others for me, soe that 
it has taken up noe part of my time, these are what I can 
learne. except what the Assembly mentioned about Mrs. Hast- 
ings, which I thinke sufficiently answerd by the Council I and 
myselfe as apeares by the minutes, but if your Lordshipps 
thinks not, I will be at the charge of sending the Towne Platt, 
and the Law and 4Q depositions to justifie me as to that. 
They may make what articles they please, they may say I have 
cloven feet and 20 other things, but I am soe very confident 
of my actions both publicke and private, that I am very sure 
I can answer to your Lordpps. everything alledged against 
me, I desire only a faire tryall, after that I have noe doubt 
but I shall be justified, and that twill be mad apear I hlave 
taken more pains to see justice done and in make ing workes 
for theyr defence then any of my predecessours. And had it 
not been for this faction, myselfe and the whole Island's 
had been very happy, if I shou'd be removed, 'twill be the 
same thing wth. my successour, lett whoe will come. I have 
defended myselfe much better then Sir William Mathews, he 
had noe honey-moon, for he was scarce a month before they 
quarrell'd with him, and perfectly broke his heart. I have with 
a great deale of care kept myselfe quiet for two year, Coll. 
Codrington was exasperated more then ordinary because I had 
orders from my Lord Treasurer to sue him for a great summ 
paid him for prizes last warr, and had Mr. Parkhurst delivered 
me the originall papers, I had recover'd it of him before now. 
I had them sent by this packett, and now he is in Barbados, 
if he comes downe I don't doubt but recover it, soe that 'tis 
worth his while be at some expense to remove me. The Councill 
advised me to gett Gent, of the Countrey to signe an adress 
in my behalfe, and has engaged for every one that has signed 
articles against me, three wou'd signe for me, which I re- 
fused, for it lookes like apealing to the people. I thought 
if they themselves gave it me under theyr hands, 'twould not 
be amiss. The which I here send you. I depend upon my 
own inocency more then anything else, the Councill have sent 
a letter to 'the Agent to the same purpose, a duplicate of 
which I alsoe send, here is alsoe an Address, which we desire 
may be presented. Signed, Daniel Parke. 6 pp. Endorsed, 
Reed. Nov. 25th, Read Dec. 7, 1708. Enclosed, 

116. i. Deposition of Major Samuel Wickham. Edward Per- 
rie, Commissioner of Customs, explained to him, as 
a Member of the Assembly, that the Articles of com- 
plaint against the Generall were being prepared secretly.. 



AMERICA AND WEST INDIES. 79 

1708. 

in order that he might not be able to make too great a 
defence etc. Endorsed, Reed. Nov. 25, 1708. Copy. 1 p. 

11G. ii. Address of the Lt. Governor and Council of Antigua 
to Governor Parke. Express surprize and concern at 
the many attempts being made to secure signatures to 
an Address and Articles of complaints against H.E. 
The particulars are kept secret. But none could know 
the transactions of H.E. better than the Council, who 
do not know of any male administration he has com- 
mitted. The proceedings of these people has much 
disturbed the Government and divided the Island into 
factions, etc. St. Johns, Antigua, Aug. 24, 1708. 
Signed, John Yeamans, Jno. Hamilton, Edw. Byam, 
Will. Codrington, Thomas Morris, Geo. Gamble, Will'. 
Byam, Law. Crabb. Endorsed as preceding. 1 p. 

11G. iii. Same to Richd. Carey, Agent for Antigua. Direct- 
ing him to oppose the Articles intended to be exhibited 
against Governor Parke as in preceding. Signed and 
endorsed as preceding. 3 pp. 

11G. iv. Address of the Governor, Lt. Governor and Council 
of Antigua to the Queen. Congratulate H.M. on the 
defeat of the late attempt on H.M. Kingdoms by the 
French King under the masque of the pretended Prince 
of Wales. Signed, Daniel Parke and as preceding. 
Same endorsement. 1 p. [C.O. 152, 7. Nos. 65, 
65. i.-iv. ; and (without enclosures) 153, 10. pp. 230- 
239.] 

Aug. 24. 117. Governor Parke to the Council of Trade and Plan- 
Antigua, tations. I herewith send your Ldpps. the remaining Minutes 
of the Council and Assembly of Antigua, with the coppy of the 
Law they were so angry I would not pass, by wch. I have 
lost my last years sallary for house rent. Your Ldpps. will 
see by their Law for previlege they would both imprison and 
fine anyone that should reflect on any one of their House, 
but any of the Council, the Lt. Governor, or myselfe might 
be reflected on with impunety: I offer'd to pass these laws if 
amended, provided there might be a clause that they should 
not take place untill yr. Ldpps.' aprobation were known, wch. is 
pursuant to my Instructions, for I take this to be a law 
of an extraornary nature. This has been Col. Codrington 's 
masterpiece, he settled this matter with his friends before he 
went to Barbados, and by every packett and all other opertunetys 
they have communicated tftieir thoughts to each other, when 
they dispaired of getting any advantage off me by my misbe- 
having myselfe in the Post I am in ; they therefore put the 
Assembly uppon desireing such Laws wch. if I past, I should 
incurr the Queen and yr. Ldpps. disfavour, and if I did not 
pass them, I should be paid no House rent, and the people 
told I was going to take away their previleges : they went so 
fan* as to send me a message that they would pass no law 
except I would lett their Speaker have the negative voice, wch. 



80 COLONIAL PAPERS. 

1708. 

if I had granted, I ought to have been hanged. There are 
but three people are the chief actors, the first is one Mr. 
Perrie, who is Commissioner for the 4| p.c., he and his brother 
John Perrie, who is in London, were raised by Col. Codrington's 
father, I had also the misfortune to disoblige Mr. Ed. Perrie 
because I would not displace the Collector, who is an honest 
man, to put in his kindsman, who has not that charecter. 
The second is Mr. Tankard, yt. was of the Council, he is to 
be Lt. Governor if Codrington comes back Genii. The third is 
Coll. Will. Thomas, who Mr. Baron made his Attorny to sue 
Coll. Codrington, and had all the encouragement possible from 
me to do it, he has now accomadated wth. Col. Codrington, 
and has never so much as sued him, he is to be Treasurer. 
Your Lordshipps may see by this how hard it is for anyone 
in England to gett justice done them here. Mr. Baron in allmost 
six years has not been able to procure any one to sue for him ; 
I shall not trouble your Ldpps. wth. makeing any other observa- 
tions on the Minuts, when they have been read if your Ldpps. 
will communicate to me where I have acted amiss, I shall 
readely obey your Ldpps.' orders in amending for the future 
what falce stepps your Ldpps. may think I have made ; I have 
allwais according to my Instructions acted no one thing without 
the Council, not so much as a decree in Chancery but has 
gone as they have advised me. When I writ to your Ldpps, 
that I thought vessells ought not to be seized uppon every 
trifling occasion, I did not think I should be so misunderstood 
as yt. I would not seize notorious illegall traders; for I have 
orderd two slupes to be seised for bringing Hollands etc. from 
Curacoa, both belonging to Mr. Ed. Chester, for wch. he has 
declaired he would be content to ley seven years in Hell to 
be revenged on me, therefore I have no doubt but his brother, 
Mr. Robt. Chester, will at yr. Lordshipps' board appear very 
zealous against me ; Uppon a fair hearing I have no doubt 
but to appear very innocent as to any crime they or any 
others can charge me with ; 'tis very true that the best of 
actions may be sett in an ill light, and 'tis an easy matter 
to rais a claymour against the best of men ; I am very sure 
to make it appear uppon a fair tryall that I have not done 
any one thing but what I am warranted eighther by my In- 
structions or the Laws of the Islands. Tho' after the petition 
of Mrs Bowden (that notorious woman) what may I not expect 
(?), all that ever I had to do with her was so publickly 
in the face of the sun that she of all people I thought [she] 
would have said all manner of good things of me. I had 
nothing of her but what I bought very dear, being vallued by 
her own friends at her request and before the best people 
of the Island; I gave her bills of Exchange and took her 
receipt in full of all demands, and after this to put up a 
petetion to the Queen that I had cheated her of a vast sume, 
four times more than ever she was worth; all that ever I 
had of her she shall have for the same mony I gave her 
whenever she pleases. I am told her brother, Coll, Lillingston, 



AMERICA AND WEST INDIES. 



81 



1708. 



was the anther of it, in hopes to gett my post, wch. with 
his Regiment would have prevailed with him to come to the 
West Indias, others tell me she did it to make people believe 
she had an estate here in hopes to draw in some rich widdower, 
I know not the true reason, but sure I am there never was 
so scandelous a petition given to a Crownd head that had no 
truth in it. I have sent to my Agent Mr. Perry all thfe 
proceedings I had with her, and the deposetions to the truth 
of it, wch, he will lay before your Lordshipps, wch. I hope 
may justifie me before the Queen and Council and your Ldpps. 
I think myselfe obliged to sett Mr. Crabb right with your 
Ldpps. ; I was myselfe a stranger to him and his charecter 
was given me by those yt. wished him ill. I find himi to 
be an honest Gent, and one that has a good estate. Signed, 
Daniel Parke. Endorsed, Reed. Nov. 25, Read Dec. 7, 1708. 
4 pp. Enclosed, 

117. i. Copy of a Bill of Antigua, for ascertaining the elec- 
tions and privileges of the Assembly, referred to in 
preceding. Endorsed, Reed. Nov. 25, 1708. 3 pp. 
117. ii. Copy of above Bill as amended by the Governor and 

Council. Same endorsement. 2j pp. 
117. iii. Amendments of the Governor and Council of Antigua 

to above Bill. So/me endorsement. 2 pp. 
117. iv. Copy of an Agreement between Governor Parke and 
Mrs. Bowden for the purchase of her negroes etc. in 
St. Kitts, Sept. 5, 1706, with her receipt, and affidavits 
of Michael Lambert, Hen. Burrell, Stephen Payne, 
James Rawleigh, and Caleb Rawleigh relating thereto. 
Endorsed, Reed. Nov. 23, Read Dec. 8, 1708. 5 pp. 
[C.O. 152, 8. Nos. 1, 1. i.-iv. ; and (without enclos- 
ures) 153, 10. pp. 240-245.] 



Aug. 26 

Custom- 
house, 
London . 



118. Mr. Savage to Mr. Popple. Desires copies of letters 
from Lord Bellomont, 1700, and affidavits by Messrs. Usher, 
Brid(g)er, and Wiberd (1702-3) relating to Mr. Partridge and 
the export of timber from New Hampshire to Portugal and 
Spain. Signed, Richd. Savage. Endorsed, Reed. 27 Aug., 
Read Oct. 26, 1708. i p. Enclosed, 

118. i., ii. Memoranda of documents required in above. 2 
pp. [C.O. 5, 864. Nos. 238, 238. i., ii.] 



Aug. 26. 

Custom- 
house, 
London. 






119. Mr. Savage to Mr. Popple. The Commissioner of the 
Customs have, pursuant to the directions of the Lord High 
Treasurer, appointed Mr. Archbold Cummings an officer in New- 
foundland to prevent illegall trade there. And when a Court 
of Admiralty shall be erected there, and some fitt and able 
person impowerd to hear and determine causes on informations 
of seizure pursuant to the severall Acts of Trade, they will send 
him their Commission and Instructions. Signed. Richd. Savage. 
Endorsed, Reed. Aug. 27, Read Oct. 26, 1708. ?- p. [C.O. 194, 
4. No. 75 : and 195, 5. pp. 59, 60.] 

Wt. 11522, CPfi 



82 COLONIAL PAPERS. 

1708. 

Aug. 28. 120. Receipts of Mr. Popple (Aug. 28) arid Josuah de 
Kocherthal for 10, and of Herman Schuneman, Sept. 1st for 
20, on account of the German Refugees, (cf. July 4.) etc. 
Copies, 2 pp. [O.O. 5, 1049. No. 94.] 

Aug. 28. 121. H.M. Warrant for Wm. Bird to be of the Council of 
Windsor. Virginia. Countersigned, Sunderland. [C.O. 5, 210. p. 114.] 

Aug. 28 122. H.M. Warrant for John Peeke to be of the Council of 
Windsor. Jamaica. Countersigned, Sunderland. [C.O. 5, 210. p. 114.] 

Aug. 30. 123. Col. Romer to the Council of Trade and Plantations. 
Reply to Aug. 17th etc. When 1 was taken by privateers and 
carried into France, I flung overboard my draughts, papers 
and schemes, (of mine above nine years service). I know 
no neAv Castle, or a new one to be built, but Fort Wm. and 
Mary. It's true I once propos'd att Little Harbour a strong 
stone redoubt, etc. I am humbly of opinion that Fort Wm. 
and Mary should first be finish'd, because the greatest part of 
material are to that end left there at hand, and might have 
been donn then for 100 upon such dispositions as the Assembly 
had made, wch. was thait the Militia was to worck twelve dayes 
by turnee for their victuals only,' and whereas the Governour 
would by no means give me leave to do it, because I was 
reliv'd by Capt. Redknap, and likewise by an excuse that there 
was no money in ye Treasury, neither was there any to be 
risen, wherefore I offer'd to do it out of my own estate, bat 
could not prevail with the Governour. I realy think it of 
the highest necessity that Fort William and Mary should be 
finish'd according to my designs and profils, wch. I sett forth 1 
and left behind me, and so donn, they would not be expos'd 
as they are now, because the fishermen in going with their 
shalops to sea, and in returning home, lay under the rocks 
of the Fort, go on shoare, steal the aprons of the guns, so 
likewise an enemy may come and pin up all the guns, wch. 
would be of dangerous consequence, they likewise neglect to 
lay the chevoux de frises order'd in case of surprise, and to 
finish them as they are begon. There is no regular centinell 
sett out, haveing only an allowance of four ordnary men for 
the whole garison, and in my time upon application made to 
ye Governour there was order'd for a few dayes 16 men in 
time of some danger, then did the People universaly complain 
(without consideration) of the hardship, wch. occasion'd their 
being drawn off, and the fort was againe guarded as before 
by 4 decrepld men, and those seldom on their duty as they 
should be, etc. The powder demanded seems to me extraordinary 
and surprising, unless they intend to merchandize therewith, 
because I am certain the powder-house will not contain that 
quantity, and I cannot imagine what use they can make of 
so much powder, when I consider what quantity they receive 
yearly from the shippin wch. comes to the Province etc. What 
further is demanded, I must confess that H.M. Garisons have 



AMERICA AND WEST INDIES. 



1708. 

no occasion for such a quantity etc. Proposes necessary stores. 
Set out, Acts of Privy Council, II. pp. 573, 574. Concerning 
the money part-, I know ye Province is poor, and I belive 
that without H.M. assistance the fort Wm. and Mary will not 
be finish'd etc. A boat for H.M. Collector is highly necessary. 
The fort, barracks, guard-house, officers' house centry boxes 
and necessary house may be finish'd for 200 sterl. etc. Signed, 
Wolfgang W. Romer. Endorsed, Reed. Aug. 31, Read Oct. 26, 
1708. 5 pp. Enclosed, 

123. i. List of guns and stores required for New Hampshire. 

2 pp. 

123. ii. List of Stores of War at Fort William and Mary and 
Newcastle, Sept. 29, 1707. Signed, Shadrach Walton, 
Capt. 1 p. [C.O. 5, 864. Nos. 239, 239. i.-ii.] 

Aug. 30. 124. Governor Crowe to Tho. Hopkins. I have not been 
Barbados . honoured with any of yours since my last of May 19; by 
the Lucitania. Capt. Wentworth I have sent in a casque directed 
to Mr. Tryon two dozen of citron water, which he will take 
care to deliver, and I humbly begg your acceptance thereof. 
I hear there is a long catalogue of complaints to goe home 
against me this fleet. I hope they will make no impression on 
my Lord Sunderland, untill I have an oppertunity of vindi- 
cateing myself, etc. Signed, M. Crowe. 1 p. [C.O. 28, 38. 
No. 72.] 

Aug. 30. 125. Col. Jones to [? the Earl of Sunderland]. Returns 
Antigua, thanks for recommending him for the command of Col. Lilling- 

ston's Regiment, etc. Signed, Ja. Jones. Endorsed, R. Nov. 

25. 1 p. [C.O. 7, 1. No. 18.] 

Sept 3rd. 126. Messrs. Sharpe, Walker and Beresford to the Council 
Baibados. of Trade and Plantations. Upon the arrival of our present- 
Governor, Mr. Crow, we had reason to believe from the founda- 
tion we had lay'd dureing the Presidency, the Factions and 
Partys that had so long and so unhappily divided us were well 
nigh over. Most men were inclinable to be quiet, and to 
agree upon a general amnesty for their former heats. But H.E. 
has from his first entering upon the Government been so far 
from endeavouring or proposeing an accommodation, that he 
has only added warmth and violence to our animositys by 
countenancing and cherishing sometimes one party, sometimes 
another, by turning in and out most of the chief officers pf 
the Militia according to the humour of the party he happens to 
be embarqued with, by rejecting the advice and aid of the 
Council, by determineing causes himself cognizable only in H.M. 
established Courts, and by imprisoning and oppressing H.M. 
subjects contrary to Law. This his insufferable behaviour oblig'd 
us to draw up the inclos'd Representation, containing a few 
instances of his mismanagement out of a multitude we could 
produce, which we presented to himself in person; at the same 
time acquainting him, we were ready to Justine and prove 



84 COLONIAL PAPERS. 

1708. 

the truth of every fact therein alledged, tho they were too 
notorious to need any confirmation. It's with the greatest 
concern, my Lords, we find ourselves under this indispensible 
necessity of transmitting complaints from a Colony that has 
already given your Honourable Board so much unnecessary 
trouble. We humbly assure your Lordships that nothing but the 
just sense we have of our duty to H.M. and the good of our 
Cuntrey could ever have engaged us in so unnecessary and 
troublesome a procedure, and if the free and impartial advice 
we took the liberty to give H.E., both in and out of Council, 
could have prevailed with him to alter his measures, or if 
there were any prospect of his being made sensible of his 
errors, we should not have disturbed your Lordships on this 
occasion. We could not but foresee from the arbitraryness of 
his temper that the presenting him such a free censure of his 
behaviour, would provoke him to remove us from the Board, 
and misrepresent us to your Lordships, but our duty constrain'd 
us to that course. We have done what we thought was incum- 
bent upon us etc. Signed, Wm. Sharpe, Alexander Walksr, 
Sam!. Beresford. 

P.S. Sept. 6. Since we deliver'd the inclosed Representation 
to H.E., he has conven'd the Assembly, and very ungenerously 
given them an imperfect abstract of some parts thereof, on 
which without the least proof or any farther enquiry, they 
have come to several very violent and scandalous resolves against 
us, by which your Lordships will please to observe both the 
temper of the Gentlemen, and the mutual combination there 
is betwen them to oppress all those that are inclinable to 
enter into fairer and more honourable termes than themselves, 
and tho' several members of the Assembly moved that the 
whole Representation shou'd be layd before them, before they 
proceeded to pass scandalous votes and Addresses against the 
Members of H.M. Council, whose oaths and duty oblige them 
to advise the Governour, but they were so far from consenting 
to so reasonable a motion, that they even refus'd to let a 
minute thereof be entred in their Books, contrary to the 
constant rules and practice of that House. The Addresses 
were brought by the Speaker ready drawn into their House, 
as by the minutes of ye Assembly will appear, put to the 
vote and carryd by a majority without suffering any previous 
question to be put, tho often prest by several of the Members ; 
we have not yet been able to get a coppy of the Address, 
and the Fleet being just now ready to sayl, your Lordships can 
expect no observations on it by this opportunity. We are, 
my Lords, very far from opposeing any acknowledgements to 
those noble persons to whom the presents given by the Assembly 
arr> said to be design'd, but what it is, my Lords, that we 
think we have very great reason to resent, is that they shoud 
dispose of the publick money without our approbation and 
privity. Signed, Wm. Sharpe, Alexander Walker, Sam. Beres- 
ford. " Endorsed, Reed. 17th, Read 19th Nov. 1708. 5 pp. 
Enclosed, 



AMERICA AND WEST INDIES. 85 

1708. 

126. i. Representation by Messrs. Sharpe, Walker and .Here- 
ford to Governor Crowe. Barbados, Aug. 27, 1708. 
H.M. having been pleas 'd to appoint us, the under- 
written, Members of the Council here, we had reason 
to hope your Excellency would, in these times of general 
dissatisfaction have called us together as such, that 
we might have discharg'd our dutys in that station 
by giveing your Excellency faithful and wholesome 
advice ; But since your Excellency has adjourn'd the 
usual monthly meetings of that Board without our 
knowledge, and yet at the same time suffer'd ye As- 
sembly to meet and act without us, contrary to ye 
practice and end of Legislatures, we think ourselves 
oblig'd to make this Representation, least by our un- 
warrantable silence at this juncture we should be 
thought to approve your Excellency's unhappy meas- 
ures. And first we represent to your Excellency, that 
it is the undoubted right of H.M. Council here, in con- 
junction with your Excellency, to determine all writts 
of error, grievances and equitable causes, that they 
are an essential part of the Legislature, and ought to 
be advised and consulted with by your Excellency un- 
doubtedly in the disposal of all Civil Offices, and in 
prudence at a General's first arrival in ye Military, 
and generally in all things which concern the legal 
and orderly administration of ye Government ; for which 
ends chiefly H.M. and her Royal Predecessors have 
thought fit to establish a Council here. (2) That your 
Excellency, in permitting ye Assembly to meet and 
act when you adjourned the Council, and to proceed 
without us to appoint persons in England to sollicit 
the affairs of this Island, has, as far as in you lay, 
debarr'd and excluded the Council from that right, 
and this disuse of Councils, since H.M. gracious restora- 
tion of some of us, whom your Excellency had dis- 
placed, is ye more remarkable, if compar'd with ye 
frequent meetings of that Board when ye same mostly 
consisted of Members appointed by yourself. Your 
adjourning the Council has been already attended with 
this dangerous consequence, yt. the traders to this 
place are allarm'd with the dreadful apprehensions of 
another Paper Act. (3) Your Excellency has taken 
upon yourself out of Court to set aside Orders solemnly 
resolv'd and made in the Court of Chancery ; us in 
ye case of Mr. Mannasses Gillingham, and Butler his 
wife, formerly Butler Chamberlain, who appealing from 
a decree of ye Court in a suit for several negro slaves ; 
the Order of ye Court was, that warrants of apprais- 
ment should issue to discreet persons to appraise the 
negroes, and yt. if their value amounted to 500, 
an appeal should be granted. The said warrants did 
issue and ye negros were by gentlemen of ye most 



80 COLONIAL PAPEES. 

1708. 



considerable estates in the parish valued at 500 and 
upwards, notwithstanding which your Excellency, alone 
and out of ye Court of Chancery, did set aside ye 
said appraisment, and deny Gillingham his appeal. This 
appears more arbitrary and illegall, when we consider 
yt. in a case of Mr. Bate's which came before your 
Excellency and Council, a day or two before, you 
declared your opinion that an appraisment once made 
could not be set aside ; and what makes the proceedings 
of your Excellency in this case yet more partial and 
unjustifiable is, that your Excellency, who was party 
complainant in this very suit against Mr. Gillingham 
and his wife, had yourself decreed for yourself against 
them, and yet took this way contrary to your own 
declared opinion to deprive them of an appeal toH.M. 
from your judgment in your own favour. (6 (sic) ) 
Your Excellency has assum'd to yourself a power of 
acting in some cases as sole Chancellor, and in others 
as you, in conjunction with the Council, are a Chancery, 
and this in one and ye same day, and sitting the same 
Court, as in ye case of Shetterden against Lyte upon 
a demurrer. The Court then consisted of your Ex- 
cellency, and five Members of ye Council ; ye Court 
was equally divided ; and yet your Excellency, whose 
vote made the Division equal, as sole Chancellor gave 
judgment against the demurrer, and order'd the de- 
murrer to be overul'd. Immediately after, a Cause 
comeing on, in which one of the said Members, Mr. 
Colleton was a party, he of course arose from the 
Board, and then there being only four Members with 
your Excellency, whereas ye practice of that Court 
requires five and the Governour, your Excellency put 
off ye hearing ye same, declareing there was no Court 
for that Cause ; so yt. your Excellency in one and ye 
same day has declar'd yourself Chancellor, and not 
Chancellor. What fatal consequences may we not ex- 
pect from inconsistency and uncertainty in so high a 
Court? (7) Your Excellency has as a Chancellor kept 
one Cuthbert Mitford in prison above one year by 
vertue of a ne exeat insulam, altho' he has fully answer'd 
and deny'd upon oath the suggestions of ye Bill brought 
against him, and no proceedings but dilatory motions 
for renewing Commissions have been on the plaintiff's 
part in the said cause; and what makes this yet a 
higher violation of ye subjects' liberty is, that you 
are yourself party complainant in ye said Cause. Your 
Excellency has not only innovated in the Chancery; 
but haveing rented ye office of your private Clerk or 
Secretary for an excessive annual summe, which the 
legal ffees could not raise, two methods have been 
fal'n upon to effect' it; exacting ffees from Plaintiff 
and Defendant, and takeing cognizance, by way of 



AMERICA AND WEST INDIES. 87 

1708. 

petition, of matters cognizable alone in H.M. Courts 
of Law or Equity; as in ye case of Mr. Somers, where 
ye matter in dispute was a promisary note, which your 
Excellency commanded should be paid on pain of im- 
prisonment ; in ye case of Bampfield and Waterman, 
where you order'd several negro slaves to be surrender'd 
on ye same pain. Your Excellency cant but be sensi- 
ble many more instances then these can be given, 
where you have taken upon you at your own House 
by way of petition, to give judgment in cases of debt 
and other cases of meum and tuum, all wch. we pro- 
test against as illegal infringments of our rights as 
Englishmen, who as sudh have not only a right to 
justice, but also to the establisht legal method of dis- 
tributeing it. That when your Excellency has by way 
of petition call'd up H.M. subjects from all parts of 
ye Island, the very defendants are oblig'd to pay for 
ye dismissions of ye petitions against them, and this 
when, on the very face of ye petitions it appears 
even to yourself that you have no cognizance of them. 
(8) In order to encrease ye busines of your private 
office, you have assum'd to yourself ye power of putting 
a stop to proceedings at Common Law, upon executions 
after judgment upon the bare suggestions of ye party 
in his petition, as in ye case of Mr. Walter against 
Mr, Gibbes. Your Excellency, on ye petition of Mr. 
Gibbes, stopt ye proceedings of the Marshal upon the 
execution, without any proof of any irregularity, and, 
which is more grievous, upon hearing the said petition, 
altho the Marshal produced the Records, whereby it 
appear'd he had acted according to law ; yet your 
Excellency continued ye stay of proceedings, which 
Mr. Walter's Attorneys appealing from to ye Court 
of Grievances holden by your Excellency and Council., 
your Excellency was so conscious of haveing acted 
arbitrarily in this matter, yt. without any farther proof 
on either side then what was before you on your 
private hearing the same, you took off ye stay of pro- 
ceedings, alledging it had another face when formerly 
before you, tho James Cowse Esq., Counsel at Law, 
to whom you appeal'd, declared to your Excellency it 
appear'd alike on both hearings. (9) Your Excellency 
has not only assum'd to yourself this power in ye 
case of private persons, but also where ye Queen has 
been party, by which means tihe casual Revenue may 
be very much impair'd ; as in ye case of Mr. Arnold 
and Mr. Grey ; against whom a considerable recovery 
was had upon the behalf of H.M. in ye Court of 
Exchequer, but when ye Marshall went to levy for 
satisfaction of ye same, he was stopt by yr. Excellency's 
order, and this too after it had been pu'blickly dis- 
courst yt. ye negroes of one of those gentlemen had 



88 COLONIAL PAPEES. 

1708. 



done your Excellency considerable service "in your plan 
tation. (10) Mr. Walters haveing made a recovery 
which affected the estate late Mr. Farmer's, was pro- 
ceeding to obtein satisfaction, when he was stopt by 
your Excellency's order on the bare suggestions of 
Mrs. Herbert in her petition, yt. she claimed dowre out 
of ye said estate. This stop lasted some time, and 
then the party dismist her own petition, which was all 
ye relief Mr. Walter could obtein for that unjust delay. 
If any man is aggriev'd by any error in ye Courts 
below, our Laws give him a writt of error ; If any 
man has equitable matter for his relief, ye Court of 
Chancery gives him an Injunction ; in these cases ye 
recovery is well secured, and ye party griev'd will 
have his costs ; But in this new way your Excellency 
has found out, you take upon you to stop proceedings 
without secureing the recovery. You harass ye Queen's 
subjects by calling them before you from all parts on 
suggestions of facts, which, if true, cannot be deter- 
mined by you; and when at last after all their attend- 
ance and expence they can procure a dismission, they 
must themselves pay ye fees for it, and yet your 
Excellency can give them no cost. (11) As ye es- 
tablishment of this petitioning Court in the manner 
above is wholly new, so in the establisht Courts of 
Justice, your Excellency has taken upon you to inno- 
vate ; when your Excellency was pleas'd to sit as Chief 
Judg of ye Court of Grand Sessions, immediately after 
your arrival; a Bill of Indictment haveing been pre- 
ferr'd to ye Grand Jury at ye Queen's suit against Mr. 
Sandford, wherein Mr. Cox was prosecutor in behalf 
of H.M., when the Attorney General desired the prose- 
cutor might be sworn to give evidence to ye Grand 
Jury ; your Excellency, tho ye same be according to 
law, deny'd it, and at ye same time was pleas'd with 
a great deal of good nature without any mocion by 
ye prisoner, to call for his evidences, and order them 
all to be sworn to give evidence to ye Grand Inquest 
on ye prisoner's behalf. (12) Your Excellency has 
in ye Courts of Chancery, Error and Grievances brought 
th(; impartiality of your judgment very much in question 
by accepting considerable presents from persons have- 
ing suits depending in those Courts ; as in ye case of 
Mr. Slingsby and others. (13) Your Excellency has 
obtein'd the summe of 500 to provide yourself another 
house ; notwithstanding which your Excellency and 
family have still had your constant residence in the 
same, under a rent paid by ye publick, over and 
above ye said summe. (14) Your Excellency in the 
capacity of Ordinary has taken upon yourself to im- 
prison H.M. subjects for supposed comtempts in not 
obeying illegal and arbitrary orders made by your Ex.- 



AMERICA AND WEST INDIES. 80 

1708. 

cellency as Ordinary ; and that too in cases where such 
orders have never been served upon the party committed 
for breach of them ; and when the prisoner has with 
great difficulty obtain'd to be bail'd on such committ- 
ment, upon entering into security to appear ?it ye 
next Court of oyer and Terminer ; your Excellency, 
conscious of the illegality of such your committment, 
has not only without ye applycation of the prisoner, 
but even contrary to his earnest desires, order'd a 
nolle prosequi to be enter'd, as in the case of Mr. 
Buckworth, sole Judg of H.M. Court of Admiralty here. 

(15) Your Excellency has also imprison'd H.M. subjects 
for supposed contempts of your extrajudicial orders, 
and has kept them in prison several weeks without bail 
or mainprize, till they have been necessitated to lay 
down offices of considerable yearly value thereby giveing 
your Excellency an opportunity of conferring them 
upon your own creatures, as in ye case of Mr. Small. 

(16) Your Excellency has taken upon you to impose 
new, arbitrary, and illegal oaths, extrajudicially upon 
H.M. subjects, threatning them with imprisonment in 
case of refusal ; as in ye case of Mr. Godfrey, whose 
wife discovering a jealousy of him to your Excellency, 
you thereupon, without any proof, obliged him to swear 
never more to speak to ye party suspected; and to 
Mr. Baron, upon a suspicion you had of your secrets 
being discover'd, you administer'd a general oath to 
answere all such questions as you should ask, without 
limitation to any subject matter. This we cannot but 
look upon as a sort of Inquisition, and as one of ye 
greatest infringments of the English Libertys. (17) 
Your Excellency has greatly discourag'd trade in threat- 
ning to seize merchant ships, and sending persons on 
board for that end without any cause, as you tacitly 
confest by proceeding no farther on such occasion ; as 
in ye case of the Eoyal African Company's ship, the 
Sherborough. (18) You have also oblig'd all masters 
of ships to have their petitions to you for leave to 
sail drawn by your own Clerk, even in cases when 
they have already had them drawn by others, so yt. they 
have doubly paid for the same, which is a heavy 
burthen upon trade, of which ye Masters of the several 
ships now bound out are so many instances, and of 
which they make just and heavy complaints, as contrary 
to a solemn Order of Council made on the like occasion. 
(19) Your Excellency is very much lessen'd in the 
esteem of H.M. good subjects by several times solemnly 
and publickly denying you ever design'd Mr. Cleland 
for Lt. Governour of this place, when he as publickly 
gives out and shews your Excellency's letter assureing 
him of the same ; wch. if you were not sensible was true, 
it might be reasonably presumed you would have called 



90 COLONIAL PAPERS. 

1708. 



him to a legal account for the same. (20) Your Ex- 
cellency, at a time when the Publick was in gre-it want 
of money, and the inhabitants unable to pay a tax, 
did by frequent adjournments and other methods prevent 
ye passing of the Excise Bill the last Assembly till 
their time expired; and before ye present Assembly 
could meet and prepare another Bill for that purpose, 
great quantitys of exciseable liquors were imported, 
by which the Publick lost a considerable summe. (21) 
Your Excellency has made so many suddain and un- 
accountable alterations in the Militia, yt. many of our 
best men are unemploy'd, and for no other apparent 
reason, then their not being of the prevailing party; 
whereas your Excellency can't but be sensible, yt. 
ye way to quell our factions, and so put an end to 
our divisions, would be to prefer all men of merit- 
indifferently, without any regard to a party; that H.M. 
subjects may find virtue, and not listing themselves 
under this or that leader, the best way to preferment. 
(22) Your Excellency has given a Brigadeer's, and 
a Cheif Judge's Commission to two Gentlemen ^ifter 
you had declared one of them a hot-headed fellow, fit 
only to breed disturbance ; and ye other a beggarly 
fellow, more in debt then he was worth. If these 
were not your Excellency's real sentiments of these 
Gentlemen, you did them ye highest injustice in repre- 
senting them under such disadvantageous characters, 
and gave all men too just grounds to believe, you 
would have but little regard to your Instructions, when 
any prevailing passion came in competition ; and if 
your Excellency was of opinion they deserv'd ye char- 
acter you gave them, then we leave your Excellency 
to consider, whether in disposeing these posts, you 
have well discharg'd ye trust reposed in you by H.M. 
But we cannot forbear telling your Excellency, your 
illegal dispensing with ye Law in Mr. Holder's case had 
subjected you to ye complaints of the Assembly, who 
like faithfull patriots were about representing your 
illegal proceedings to H.M. ; to prevent which you 
were contented to prostitute ye dignity of ye Govern- 
ment, and to sacrifice the publick good to your private 
safety. Sr., we think it our duty to lay this repre- 
sentation before you ; we design farther to send ye 
same home to the Lords Commissioners for Trade and 
Plantations. In ye mean time, your Excellency will 
please to make such use of it as you see proper. P.S. 
Sept. 1st. The foregoing representation is what wee 
had prepared to lay before your Excellency in Council 
yesterday, being Council day of course, but we were 
prevented from doing it by your summoning ye Council 
to meet the day before, and even then adjourning 
the same for a month, as soon -as you had sworn Mr. 



AMERICA AND .WEST INDIES. 91 

1708. 

Pilgrim a Member of that Board, without affording us 
time to enter on ye consideration of ye publick affairs. 
We were then very much surprized at this proceedure, 
but are more so this day, when we find your Excellency 
has permitted the Assembly to meet and prepare Ad- 
dresses to H.M. of very great concern to the Publick 
without giveing us an opportunity of declaiming our 
approbation or dislike of the same. We are sensible 
this is intended to affront the Council, and represent 
the same as insignificant and useless in H.M. Govern- 
ment. But our surprize did not end here. We find 
you have not only put this slight upon us, but have 
also permitted the Assembly yesterday to dispose of 
ye publick mony in presents to private persons without 
our consent or priority. This we can't but look upon 
as an assuming the Legislature solely to themselves, 
contrary to H.M. Instructions. Wee are sorry we should 
be forc'd to lay before your Excellency here and the 
Council of Trade and Plantations at home, so many 
miscarriages in the management of the publick affairs. 
But we are sensible it is what our duty obliges us to, 
and therefore needs no apology. Signed, Wm. Sharpe, 
Alexander Walker, Saml. Beresford. Endorsed, Reed. 
17th, Read 19th Nov. 1708. of pp. \C.O. 28, 11. Nos. 
22, 22. i. ; and 28, 38. Nos. 73, 73. i. ; and (without 
enclosure) 29, 11. pp. 313-318; and (enclosure only) 
319, 1. pp. 93-101.] 

Sept. 4. 127. The Queen to Governor Parke. Whereas in compassion 
Windsor, to the distrest estate of our subjects in Nevis and St. Christo- 
phers, whom the depredations of the enemy and a late hurricane 
have almost reduced to ye utmost extremity, We have been 
graciously pleased out of our Royal Bounty to order a supply of 
provisions of beef, pork and flower, as also 50 barrels of 
nailes of several sorts, together with bolts and hinges for the 
building their houses to be sent to them, and that the same 
should be consigned to you. Our further will and pleasure is, 
and We do hereby strictly charge and command you that, as 
soon as you shall have received the said provisions, nails and 
other things abovementioned, you distribute the same, or cause 
them to be distributed by the Lieutenant Governors of our said 
Islands to the inhabitants thereof in proportion to their wants. 
In the doing of which you, or our said Lieut. Governors in 
your absence, are to take ye advice of our Council and Assembly 
in each of ye said Islands respectively to the end v>he said 
distribution may be performed in the most just and equal 
manner possible, and no part of our said bounty may be em- 
bezeled or misapplyed, but that our charitable purpose and 
intention in this behalf may be effectually cornplyed with, which 
wee earnestly recommend to your care, and shall expect from you 
a particular account of your proceedings herein. And for so 
doing, this shall be your warrant, etc. Counter siqned, Sunder - 
land. [O.O. 5, 210. p. 115.] 



92 



COLONIAL PAPEES. 



1708. 
Sept. 5. 

Windsor. 



Sept. 6. 
Barbados. 



Sept. 7. 

Whitehall. 



Sept, 7. 

Maryland . 



128. The Earl of Sunderland to Governor Lord Lovelace. 
Having a very good character given me of Mr. John Biggs, 
a Lieutenant of one of the Independant Companys in New 
York, I take the liberty to recommend him to your Lordsp's. 
protection. Your favour to him in any occasion that may 
offer for his advantage will particularly oblige, my Lord, etc. 
Signed, Sunderland. [C.O. 5, 210. p. 116] 

129. Governor Crowe to the Council of Trade and Plan- 
tations. Refers to enclosed duplicate of his last letters and 
papers. Messrs. Sharp, Walker and Beresford has lately de- 
liver'd me one of a very extraordinary nature, wch. I have 
not had time to answere by reason of the great hurry I have 
been in on the ffleet's sailing, they tell me they will lay the 
same before yr. Lordshipps, where I hope it will "make no im- 
pression till the next opportunity, when I shall vindicate my- 
selfe, so as I hope will be approv'd off by your Lordshipps. 
I humbly recommend the Generall Assembly's inclos'd Address 
to your consideration. Signed, M. Crowe. Endorsed, Becd. 
16th, Bead 19th Nov., 1708. 1 p. [C.O. 28, 11. No. 21; 
and 29, 11. pp. 311, 312.] 

130. The Earl of Sunderland to Governor Parke. I send 
you enclosed H.M. Letter concerning the disposal of the pro- 
visions, nails etc., she is graciously pleased to send as Her 
Boyall Bounty to the poor inhabitants of Nevis and St. Christo- 
phers (See Sept. 4), by which you will observe that H.M. is 
very earnest to have the same equally distributed and duely 
applyed in which H.M. is ilhe more pressing because of a, surmise 
that the provisions wcih. were sent on board two ships that 
arrived in those parts some time since were not so regularly 
disposed of as they might have been, but I hope you will 
take such care of those which are now sent as may prevent, 
any complaints of this kind for the future. Signed, Sunderland. 
[C.O. 5, 210. p. 119.] 

131. Governor Seymour to the Council of Trade and Plan- 
tations. This serves to accompany the Laws and severall 
Journalls now transmitted your Honble. Board by Commodore 
Huntington, and to acquaint you, that on June 14, and not 
before, I had the honour of your Lordshipps' commands in 
your letter of May 7, 1707. Wherein your Lordships were 
pleased to signify, that an Act of Parliament had past in 
England for the Union of H.M 1 . two Kingdoms of England and 
Scotland into one by the name of Greate Britain. Whereupon, 
with the advice of H.M. Councill (here, I issued a Proclamation 
to the severall Countys of this Province for proclayming the 
same: And at this place, being the seate of Government, on 
July 18, having ordered severall troops of the Militia to review, 
and invited the best of H.M. subjects here to the handsomest 
entertainment the country would admitt me to make them, we 
proclamed. H.M. Queen of Great Brittain, the Act of Union 



AMERICA AND WEST INDIES. 93 

1708. 

being read on the Courthouse Hill, after which' H.M., H.B H. 
and many other good loyall Healths were dranke, and the 
gunns on our plattforme, as well as those of the ships in the 
Severne River here, discharged, to the great joy and pleasure 
of H.M. subjects. I had likewise presented to me four severall 
letters under H.M. signett and sign manuall, commanding me 
to admitt and swear of H.M. Councill here, four Gentlemen, to 
witt> CoL John Contee, Mr. Seth Biggs, Mr. Samuel Young, and 
Col. Thomas Greenfeild. Coll. Contee and Mr. Samuel Young 
had been sworne some little time before, for want of Coun- 
cellors, being under the number of 9, and on Aug. 16 Col. 
Greenfeild was admitted and sworne, and at the same time, 
with the advice of the fullest Board I could procure, I was 
obliged to sweare Mr. Philip Lynes, whom I have heretofore 
mentioned to your Lordships, for want of Councellours ; CoL 
Contee and Mr. Biggs being both dead since H.M. appointment, 
and Col. Francis Jenkins, who is now President at the Boarde, 
being very ancient, often indisposed, and residing at so vast 
a distance, to witt, the extream parts of Somersett County, on 
the other side of the Bay, that I can never gett- him on any 
emergency till the Councill is over ; Wherefore to compleate 
the number of Counsellours, there being only 8 resident; here 
besides Mr. Lynes, I humbly present to your Lordshipps the 
names of four Gentlemen of good reputation, integrity and 
ability, that is to say, the said Mr. Phillip Lynes, Col. Thomas 
Addison, Mr. John Hall and Col. William Whitington, if you 
please to recommend them to H.M. for her appointment. Your 
Lordships' letter of Dec. 30, 1707, with H.M. circular letter, 
requiring the Counsellours in the Plantations diligently to attend 
H.M. service in the respective Councills, of which they are 
Members, were read in Councill, and H.M. said letter recorded 
in the Journall thereof. As for your Lordships' letter of March 
6 you mentioned, I have not had the good fortune to receive 
it, but am to acknowledge the receipt of H.M. Order in Councill 
of Aprill 1st, 1708, declaring 2 Acts of the General! Assembly 
of this province to be repealed, etc., which were read at the 
Board and publique notice given of the said Laws being re- 
pealed. And Sir Symon Harcourt's report concerning Sir 
Thomas Larance etc., with H.M. Order thereon, being read to 
H.M. Councill here, wee have resolved to recommend it to 
the next Generall Assembly with the most pressing arguments 
and motives we can use to perswade them to comply with 
H.M Royall pleasure. And for your Lordships' truer infor- 
mation of the value of those lycences ; in obedience to your 
commands, I have procured the best account I could, and have 
inquired into their reall value, on which occasion I had the 
advice of the greatest traders here, and especially Mr. Amos 
Garrett, who is one of Sir T. Laurence's Agents, and am 
informed that Sir Thomas's calculation is soe extravagant, that 
it is almost two thirds more than what they truely amount to, 
the said Mr. Garrett and others not valuing them at more 
than 5 per cent., and their reasons are tlhat the sallary of 



94 COLONIAL PAPERS. 

1708. 

receiving to the Sherriff is 10 per cent., that the tobacco lyes 
stragling and dispersed in the severall Countys, not being on 
execution, and many times slender securitys taken for the pay- 
ment of those fines, most of such who keep ordinarys very poore 
persons, who take up the trade, and the Justices are willing 
to encourage them, to keep them off tihe County charge. My 
Lords, observing the Roman Catholicks in this province dis- 
course of the lat-e designed invasion by the pretended Prince 
of Wales, and were listning after the success, I thought it 
might not be amiss, with the advice of the Councill, to take 
the number of them in the severall Countys, that I might 
compute their ability in case any misfortune should befall us, 
which God forbid, and have inclosed the said lists for your 
Lordships' consideration, for I am satisfied those people have 
an illegall correspondance somewhere, they having reported the 
raising the seige of Toulon some months, and the invasion of 
the Pretender severall weeks, before we could have any intimation 
thereof. My Lords, it might still continue prejudicial! to H.M. 
service should I omitt to acquaint your Lordps. how ill the 
trade here have been treated in respect to the incertainty of 
the sayling of the present convoy, of wihich I had not the 
least intimation from Commordore Huntington, untill the latter 
end of August, and then was forced to dispatch boate and 
hands to Virginia to obtain that satisfaction. And altho' Capt. 
Gore in H.M.S. Bristoll, has layne in Patuxent some months 
within 50 miles of this place; I have neither seen nor heard 
from him. I hope your Lordships will remember my severall 
applications concerning the encouragement given in North Caro- 
lina to H.M. subjects here to disert this her more profitable 
province, which is still carryed on to a very high degree. All 
which I submitt to your Lordships' wise consideration, etc. 
Signed, Jo. Seymour. Endorsed, Reed. 9th, Read 17th Dec., 
1708. 6 pp. Enclosed, 

131. i. Copy of Address from the Lt. Governor and Council 
of Maryland to ithe Queen. Congratulate H.M. on 
failure of the attempted invasion by the Popish Pre- 
tender, equipt by the French King. Endorsed as 
preceding. 1 p. 

131. ii. Account of the Ordinary licences granted in Mary- 
land Oct. 1703-1707. Total, 101,6001b. tobacco, at 
5 p.c. in money for four years, 254. etc. Names 
given of some 70 keepers of ordinaries during those 
years. Same endorsem&nt. 2 pp. 

131. iii. List of Papists inhabiting the several Counties of 
Maryland, 1708. Total, 2974. 1 p. [C.O. 5, 716. 
Nos. 56, 56. i.-iii. ; and (without enclosures) 5, 727. 
pp. 99-106.] 

Sept. 9. 132. Mr. Cox to Mr. Popple. Governor Crow having sur- 

Southwark. rendred ye Navall Office to my brother Samuel Cox, I desire 

leave to withdraw my petition. Signed, Charles Cox. Endorsed, 

Reed. Sept, 9, Read Oct. 26, 1708. Addressed. Postmark. 

J p. [C.O. 28, 11. #o. 27; and 29, 11. #.306.1 



AMERICA AND WEST INDIES. 



95 



1708. 
Sept. 11 

Windsor. 



Sept. 14. 
.Whitehall. 



Sept. 16. 

London. 



Sept. 20. 
Windsor. 



Sept. 20. 

Virginia. 



133. H.M. Warrant granting Richard Rigby, Provost Marshal 
of Jamaica, 3 years leave of absence, on his appointing a Deputy 
etc. Addressed to Governor Handasyd. Countersigned, Sunder- 
land. [C.O. 5, 210. pp. 116, 117.] 

134. The Earl of Sunderland to the Council of Trade and 
Plantations. What is proposed in the inclosed petition seems to 
be so advantagious to our trade, that H.M. thinks it deserves 
your serious consideration, and desires your opinion what be 
proper for H.M. to do therein. Signed, Sunderland. Endorsed, 
Reed. Sept. 15, Read Oct. 25, 1708. 1 p. Enclosed, 

134. i. Thomas Pindar, of London, merchant, to the Queen. 
By incouragement of your Majesties letter of Feb. 20, 
170f, granted to petitioner in favour of Manasses Qilli- 
gan of Barbadoes, for promoting the trade with the 
Spanish West Indies, petitioner is now advised that, by 
the interest and influence of Gilligan, a considerable 
merchant of New Spain hatih been at Barbadoes to 
purchase negroes, etc., and made offers of settling 
and promoting the Assiento Trade in that Island, &-nd 
of importing thither for that end sufficient quantities of 
bullion and peices of eight, and that the same may 
meet with no interruption, he desires your Majesty 
will be pleased to grant passes for the ships imployed 
in that service. Prays for 4 passes accordingly. lp. 
"C.O. 28, 11. Nos. 15, 15. i. ; and 29, 11. pp. 
U-808.] 



301 



135. Mr. Dummer to Mr. Popple. Gives sailings of the 
King William packet. Out and home 112 days. This pacquet 
boate brings from severall hands an account of the conduct 
of Admirall Wager and ye ill conduct of those Captns. which 
made up his verry litle squadron with which he attempted the 
Spanyards' fleet (14 saile of ships, 2 sloops and one brigantine), 
for which they have been tryed and found guilty of the breach 
of the 14 and 30 articles of warr. Signed, E. Dummer. En- 



dorsed, Reed. Sept. 17fth, 1708.- Addressed. 
323, 6. A 7 o. 70.] 



If pp. [C.O. 



136. Order of Queen in Council. John Hallet is appointed 
to the Council of Barbados (c/. Aug. 18). A warrant is to 
be prepared accordingly. Signed, John Povey. Endorsed, Reed. 
23rd, Read 25th Oct." 1708. 1 pp. [C.O. 28, 11. A 7 o. 14; 
and 29, 11. pp. 299, 300.] 

137. Col. Jenings to the Council of Trade and Plantations. 
Having on June 24 given myself the honour of writing to 
your Lordships by H.M.S. Garland and at the same time 
sent a duplicate by a merchant ship of that fleet, I humbly 
beg leave to be referred to that letter, and the papers therewith 
sent, without giving your Lordships the trouble of repeating 
anything I then laid before you. f herewith send your Lordships 



96 COLONIAL PAPEES. 

1708. 

the Journals of Councill from Oct. 15, 1706 to April 30, 1708, 
an abstract of which I sent in my last. There have been 
four meetings of the Councill since, chiefly intended for giving 
the necessary orders for hastening tihe merchant ships in their 
joining Capt. Stewart in June, and Commodore Huntington now, 
and for taking into consideration your Lordps.' commands signi- 
fyed in your severall letters ; but the severe and extraordinary 
fevers and other sicknesses with which almost all parts of 
the country have been afflicted for near two moneths past, 
and under which several of tihe members of the Council at 
this time labour, hath hindered the answering those inquirys 
sent by your Lordps., as well as the reading the last proceedings 
of Council, so as to prepare them for your Lordships' view. 
After the departure of H.M.S. Garland, Commodore Huntington 
ordered out one of H.M. ships under his command to cruise: 
but that ship did not proceed on that service for some days 
after, (having been obliged to go round to York Eiver, to take 
in bread and provisions, during which time we had daily advices 
of the appearance of privateers on our coast, and after that 
man of war was out a cruising, one Capt. Tarleton of Leverpoole 
was chased from his anchors at the mouth of York Eiver by 
a privateer sloop. Whereupon, at the Council held July 29, 
upon consideration of our danger, it was the unanimous opinion 
of the Council that, for securing this coast and trade against 
the privateers, it was necessary to have a fourth rate man of 
war, and a briganteen or sloop of about 8 or 10 guns, and 
proportionably mann'd ; this latter to give chase to the priva- 
teer sloops in the shoal water, where by the report of all the 
Captains of the men of war that had been discoursed on that 
subject, it appeared very easy for such sloops to pass without 
coming within gun shott of a large ship. I have by this 
conveyance laid this matter before H.E.H. the Lord High; 
Admiral, and I humbly beg your Lordships' favourable recom- 
mendation thereof, for it is demonstrable from the boldness of 
those privateers in coming within our Capes, even in sight of 
H.M. ships of war, that they place their chief confidence in the 
lightness of their vessells, and the impossibility of a large 
ship's following them among the shoals. I must on this head 
beg leave further to observe to your Lordships that the sloops 
which have been occasionally hyred here for the assistance 
of the men of war in that service have never answered the end 
proposed, for besides the almost impossibility of procuring a 
good sloop here fitt for such a design, the difficultys which 
the Captains of the men of war have pretended of dividing 
their men, and of sending out such sloops without their ships 
going in company, have made all the services intended by 
those sloops fruitless ; so that they have only proved a charge 
on the Queen's Eevenue, without any real advantage ; and this 
consideration obliged the Council to advise the discharging the 
sloop impressed last summer, after she had been imployed and 
paid out of the Queen's revenue for six weeks, and yet in 
all -that time not above five days out a cruising. I informed 



AMERICA AND WEST INDIES. 97 

1708 

your Lordships in my last, that we were under some appre- 
hensions from the Tuscoruro Indians, who had not eomplyed 
in delivering up some of their nation suspected of a murther 
committed last year in this Colony. In order to make them 1 
more yeilding in that particular it hath been thought fitt to 
prohibite all trade and commerce with them: this hath had 
some effect on them already, by obliging them to make over- 
tures for an accommodation, and I am inform'd their coming 
in to complete it hath been only obstructed by the raging of 
a violent distemper amongst them for several weeks past. I 
thought- it necessary to advise with the Councill, concerning 
the calling an Assembly, the chief occasion for which at this 
time is the raising an additional fund for finishing the Governor's 
house, the whole sum appropriated by Act of Assembly for 
that use being already expended, and yet the rooff not rais'd, 
nor any inside work done: I should have been glad to have 
had an Assembly for this purpose, but the majority of the 
Council thought it too great a dhaKge to the Country !o have 
an Assembly now, and another on the arrival of the Governor 
(ho being daily expected and), by whom they thought it very 
probable H.M. would send such directions as might make the 
calling of an Assembly then of absolute necessity. Nor were 
they of opinion that either the danger of the Country from 
the privateers, or the apprehensions we were under from the 
Tuscoruro Indians, were sufficient grounds for calling an As- 
sembly, the preventing of the first being a task too great for 
this Country to undertake, and the danger of the latter not so 
apparent, since there was hopes of an accommodation with 1 
those Indians. A nation of Indians called the Saponies, who 
were formerly tributarys to this Government, and removed 
Westward about 20 or 25 years agoe, have lately return'd and 
prayed to be received again into protection, and to have land 
assign'd them for a settlement, which, by the advice of the 
Council I have granted them, in consideration of their being 
one of the Nations included in the Articles of Peace made with 
the Indians in 1677. Their number is not considerable, being 
only about 30 bowmen, but the character they have of being 
stout fellows, and withall very friendly to our inhabitants, makes 
me hope their Settlement (which is on the Maherine Hiver) 
will be some kind of barrier against the Tuscoruros, or any 
other Indians that might be suspected to annoy us on that 
side, since they'l be able to advise us of their designs, sooni 
enough to prevent both their and our danger. I have lately 
received H.M. warrant for paying unto Col. Hunter 1418-5 
out of the Quitt-rents as a compensation for the loss of his 
equippage, and 500 per annum out of the same fund from 
July 1, 1707, till his arrival in this Colony ; and pursuant to 
H.M. commands I have passed a warrant for the first, and 
another for one year's allowance ending July 1, 1708, both 
which sums will be remitted him by this conveyance: but that 
fund is so much drained by this and tihe former remittances 
into tho Exchequer that I'm afraid the subsequent allowance 

Wt. 11522. CP7 



>8 COLONIAL PAPERS. 

1706. 

(which ic ordered to be paid quarterly) must be superseded till 
the next year, if he stays out so long. I hop'd to have sent 
your Lordpvs. the copys of the accounts of H.M. Revenues of 
quitt- rents, and 2/- per hogshead, but t!he unfortunate absence 
of the Council has hindered their being audited ; so that I must 
beg your Lordps.' patience till after our Genii. Court, when I 
hope to have an opportunity of sending by some of the 1 latter 
ships. I'm sorry to acquaint your Lordps. that there's but an 
indifferent prospect of a market for the quitt -rents this year, 
the want of shipping in the country in the winter time, casts 
a damp on the tobacco trade, and discourages purchasers when 
they are uncertain of the conveniency of sending it home ; 
I'm perswaded that among the many advantages the trade might 
gain by the fleets coming in hitlher in the fall, and returning 
in the spring, H.M. quitt-rents would be considerably advanced 
by it. I am informed from North Carolina that there are very 
great commotions in that Governmt., occasioned principally by 
the Quakers, who after they had prevail'd with the Lords Pro- 
prietors to turn out the Deputy Governor, and give the Council 
(who were most of their perswasion) a power of ehuseing 
their own President, made choice of one Mr. Glover, and because 
they did not find him for their turn, voted him out again. 
They have had the cunning to sett all that Country in a 
flame, and all but themselvs in arms against one another. 
It would be tedious to trouble your Lordships with an account 
of the proceedings of the several partys, which look liker the 
freaks of madmen than the actions of men of reason, there 
has already been one man unfortunately killed in the fray, and 
tho' 'tis said they are coming to an accomodation, yet by the 
best information I have, it is not like to end so. I thougjht 
it my duty to acquaint your Lordships of this, as it happens 
so nigh this H.M. Colony; tho' I hope it will have no ill 
consequences as to us. Signed, E. Jenings. Endorsed, Reed. 
6th, Read 17th Dec., 1708. 3| pp. [C.O. 5, 1316. No. 9; 
and 5, 1362. pp. 318-325.] 

Sept 20. 138. Order of Queen in Council. Appointing Valentine 
Windsor. Mumby a Member of Council of Jamaica. Warrant to be pre- 
pared accordingly. Signed, John Povey. Endorsed, Reed. 23rd, 
Read 25th Oct. 1708. 1| pp. [C.O. 137, 8. No. 21; and 
138, 12. pp. 329, 330.] 

Sept. 20. 139. The Earl of Sunderland to the Council of Trade and 
Windsor. Plantations. Encloses following, "which you'll please to take 
into your consideration and to let me have your opinion what 
is fitting for H.M 1 . to do therein." Signed, Sunderland. En- 
dorsed, Reed. Sept. 24, Read Oct. 25, 1708. 1 p. Enclosed, 
139. i. Francis Oldfield to the Council of Trade and Plan- 
tations. A native and constant inhabitant of Jamaica, 
having a considerable estate there, and for several years 
a member of Assembly, petitioner desires to be one of 
the Council, for which he is recommended by Governor 



AMERICA AND WEST INDIES. 



99 



1708. 



Handasyd. Copy, f p. 
and 138, 12. p. 331.] 



[C.O. 137, 8. Nos. 22,22.1. 



Sept. 20. 14O. Order of Queen in Council. Referring following to 
Windsor, the Council of Trade and Plantations, who are to hear the 
Petitioner's Agent and make further report upon this matter 
to H.M in Council. In the meantime the Order in Council 
of Aug. 18 is to be suspended. Signed, Edward Southwell. En- 
dorsed. Reed. Dec. 23, 1708, Read Jan. 3, 1709. 1 pp. 
Enclosed, 

140. i. Alexander Skene to the Queen. Prays that ihe recent 

proceedings against him (July 8, Aug. 10, 1708) may 
be reviewed. Petitioner's Agent was not heard by the 
Council of Trade, etc. Copy. If pp. \C.O. 28, 11. 
Nos. 43, 43. i. ; and 29, 11. pp. 363-366.] 

Sept. 23. 141. Governor Crowe to the Council of Trade and Plan- 
Barbados, tations This packet honours me with none of your Lordships' 
commands. Our Fleet sayled on the 7th. I have been since 
soe indisposed with a cold and feavour that I have not been 
able to finish the answer I am a making to Messrs. Sharp, 
Walker and Berresford's Paper (Sept. 3) ; your Lordships may 
depend thereon by next etc. Signed, M. Crowe. Endorsed, 
Reed. 20th, Read 24th Jan. 170|. 1 p. Enclosed, 

141. i. Governor Crowe's Speech to the Assembly of Bar- 

bados, Sept. 4, 1708. Refers to following. I desire 
the Assembly will let me know whether there be any 
such general dissatisfaction in the country as these 
Gentlemen pretend, etc. f p. 

141. ii. Abstract of Messrs. Sharpe, Walker and Berresford's 
complaints, (see Sept. 3.) 1| pp. 

141. iii. Address of the Assembly to Governor Crowe. Reply 
to preceding. (1) The Assembly hath satt very often 
at times when the Council did not sit, to prepare 
laws. This Assembly hathi never done otherwise, or 
pretended to pass any Act, to which they did not expect 
the concurrence of the Councill, as by their Minutes 
appears. (2) The Councill has satt as frequently in 
the time of your Excellency's Government as it usually 
did formerly, except since the arrivall of the London 
Fleet, etc. As to ye dredfull alarm, another Paper 
Bill, we know of no such alarm. It never was in our 
thoughts, etc. (3) In the time mentioned the As- 
sembly passed two Excise Bills; the first after some 
conferences and delays made by the Councill was re- 
jected by them because Agents for this Island were 
appointed in the sd. Bill, wch. the Councill refused 
to pass, alledging that the Agency was a matter forreign 
to the title of the Bill, upon wch. the Assembly passed 
a second Bill, wherein the Agency was named in the 
title, and sent it to the Councill, who after severall 
debates and delays did likewise reject that Bill, because 



100 COLONIAL PAPERS. 

1708. 

the Assembly according to their former custom had 
named the Agents for this Island, so that these Gentle- 
men charge the delays and inconveniencies brought 
on this Island by others on your Excellency. (4) The 
Militia has not been so well setled these last four 
years as it is at present. (5) It is justifiable by the 
example of Parliaments and conventions of Represen- 
tatives in other places, to petition H.M. separately or 
joyntly with others as they think fit. The Councill sat 
on Aug. 30. The Assembly sat the next day and re- 
solved upon the sd. Address to H.M., of wch. we do 
not know that your Excellency had any foreknowledg. 
etc. (6) It is true that Assembly, according to the 
example of former Assemblies, did agree that the Treas- 
urer should buy 15 doz. citron water, to be sent for 
presents to England, the Members declareing that if it 
should be refused to be allow'd to the Treasurer on his 
accompting, wch. is done by consent of the Council, 
they would reimburse it out of their own pockets. How 
this can be called a disposall of the public money etc., 
we do not understand, and it is most unjust to charge 
your Excellency for permitting us to vote it, since 
it was impossible for you to know what our Azotes would 
be etc. (7) Their appreciation of the general dissatis- 
faction of the Island arose in these Gentlemen only 
as soon as the Assembly had offered in an address to 
your Excellency, Tuesday last, to prove the corruption 
and bribery of Alexander Walker in promoting the 
late Paper Bills. There has not been so general a 
satisfaction and quiet in these Islands for four years. 
The principal grounds for dissatisfaction that remain 
are (1) The poverty and want of trade occasioned by 
the late paper bills, and the arbitrary governmt. of 
Sir B. Granville which has made several hundred of 
the inhabitants leave the Island. (2) That a full 
enquiry has not yet been made into the villanous design 
against Major Lillington and Col. Downs in laying 
treason to their charge and imprisoning them there- 
upon wth. other great hardships, and that the ministers 
and instruments of that villany are not yet punished, 
without wch. the inhabitants cannot hope to live in 
safety for the future. (3) That a full enquiry has 
not been made into the bribery and corruption by 
wch. the paper mony was forced upon us. (4) The 
deposit mony and other greivous extortions in the Regis- 
ter's Office of the Court of Chancery are not yet 
reformed. (5) That the simonaicall disposall of Church 
liveings in the time of Sir B. Granville, of wch. 
there is violent cause of suspicion, are not yet en- 
quired into. etc. Sept. 4, 1708. Same endorsement. 
3 pp. 
141. iv. Minutes of Council of Barbados, Aug. 30, 1708. 



AMERICA AND WEST INDIES. 101 

1708. 

The Governor adjourned the Council to next day in 
course, owing to the sailing of the fleet, etc. Same* 
endorsement. Copy. 1 p. [C.O. 28, 12. Nos. 1, 
1. i.-iv. ; and (without enclosures) 29, 11. pp. 383, 384.] 

Sept. 24. 142. Governor Handasyd to the Council of Trade and Plan- 
Jamaica. tations. I am to own the receipt of your Lordships of May 
14, June 25, and enclosures, etc. As to Mr. Whitchurch's allega- 
gations sett forth in his petition, I do aver that the most 
part of them, (if not all) is false, and that in Sir W. Beeston's 
Government the land was escheated and the Negroes belonging 
to Worth Delamaine and this Negro woman, particularly named 
in the writ of enquiry, were by Mr. Whitchurch or some others 
kept out of the way, and were not be found, it being the 
common custom of people here to deprive the Queen of all they; 
can: As to his setting forth that Mr. Puckle, his Attorney) 
here, spoke to me in his behalfe, he never said one word to 
pie of the matter, as his letter I have here enclosed will 
affirm, and as to the Chief Justice's opinion or the proceedings 
then of the Grand Court, I never do concern myselfe Avith! 
them, but do always let the Law have its due course. It 
has been my constant study sin'ce I came into the Government 
to assist H.M. Treasury by all lawfull means, as ffines, ffor- 
feitures and escheats, and there has been an account given 
by tho Eeceiver Generall's Deputy here in the publick accompts 
he has sent to my Lord Godolphin of all escheats found for 
H.M., and the bonds given in by the persons to whom they 
were granted, made payable at the expiration of 3 years, if 
no heir appeared in that time. I writ to your Lops, about 
4 or 5 years ago concerning escheats, and particularly of an 
escheat granted to one Parker, to which I had your Lopjs.' 
answer, and took it to be a very satisfactory one. I must 
confess I believe the Country is not very well satisfied at my 
diligence to see that they pay Quitt-rents to H.M. ' for the 
land they have in their possession, and obliging them to patent 
what they hold without title, which 1 I am sure is above half 
a (million of acres added to the Revenue, since I came into 
the Government. And notwithstanding this, H.M. Revenue here, 
if well paid, does not amount to within 2,000 per annum of 
the contingent charges, and the Assembly have never assisted 
the Treasury with one royall, altho severall times desired it, to 
help to discharge the debts of it. I have been under a necessity 
myselfo to give 200 per annum, Jamaica mony, out of my 
own pockett for private intelligence, that we may not be sur- 
prized by the French and Spaniards that surround us on every 
side, which I hope I shall be considered for, for in case I 
should bring any such charge here y I should be obliged to make 
known from whence I had my intelligence, which must in- 
falliby be the ruine of the spys, they being under the subjection, 
of the French. This I have formerly given an account 
of to your Lops. As to Mr. Peeke, whom your Lops, 
acquaint me H.M 1 . has been pleased to appoint one of 



102 COLONIAL PAPEBS. 

1708. 

the Councill of this Island, I have no objections to him, 
but I am sorry my behaviour has been so indifferent, as that 
my recommendations should not be taken notice of, since it 
has always been thought that the Governors were the fittest 
judges, who were men most capable to serve the Queen and 
Country in the Councill, and not that the Jamaica merchants 
and ffactors should have the recommending them. Mr. Brodrick, 
whom your Lops, mention in yours, I have known here these 
5 or 6 years to have behaved himself very justly to his Queen 
and Country; I likewise recommended Mr. Oldfield who is a 
very honest man, and a man of as good an estate as any in 
the country, but am mightily concerned that I have had no 
return. I writt to this purpose to my Lord Sunderland. I 
have lately had the misfortune to meet with many unexpected 
alterations, as the Privy Seal for restoring Mr. Barrow, who 
so basely affronted the Queen's authority, altho I had H.M. 
approbation as well as your Board's for what I had done in 
that case: this Privy Seal in relation to Mr. Bigby's escheat, 
without being heard what reasons I had to offer one way or 
the other: and severall other matters which I shall not here 
trouble your Lops. with. Mr. Totterdale, who has been a constant 
desturber in Assemblys and Grand Courts, did in face of 
the last Grand Court, upon the triall of a criminall who was 
to bo burnt in the hand, tell the Queen's Attorney Genii., when 
arguing law for the punishment of the criminall, that he did 
not know how soon it might be his turn to be whip'd at that 
placet As soon as I heard of it, I sent to the Court to have 
Mr. Totterdale suspended pleading, or bound over till there 
should be satisfaction made for the affront given to H.M. 
Officer, but have yet obtained neither, so that without some other 
method is taken to support the Queen's authority, I know not 
what will be the issue, for no man is in ffashion here, but he 
that will oppose it. Enclosed your Lops, will have a list 
of the ships that have arrived here from Guinea since June 25, 
1698, with the number of Negroes imported by each vessell, as 
well permission ships and others as the Affrican Company's. 
I likewise send a list of all prizes brought in here, and condemn'd 
since July last till Sept. 20. And since that a French ship has 
been sent in by one of our privateers, which is not yet condemn'd, 
the same privateer took 3 or 4 more vessells, but burnt them, 
not being able to send them into Port. I have caused a brigan- 
tine to be seized for the Queen that was taken without a legal 
Commission, she will be tried in a few days, of which I shall 
give you an account in my next. I have received 40 recruits 
by this packett boat, and hope to have the remainder by the 
next. The Privy Seal for the return of Mr. Whitchurch's Negroes 
shall be duly comply'd with, notwithstanding Mr. Bigby has 
been at between 30 and 40 expence in the passing through the 
Courts and the severall Offices, we'll. I shall reimburse him, and 
place to the back of my own acct. The Act of Parliament in 
relation to the coin and that of the Trade to America shall 
likewise be observed. By a ship lately arrived from Bristoll I 



AMERICA AND WEST INDIES. 



103 



1708. 



Sept. 24. 

Jamaica. 



Sept. 25. 

Plantation 

Office, 
Whitehall. 



_ fc. 28. 
Kensington. 



Sept 28. 

Kensington. 



Sept 28. 

Kensington. 



have received a Gazette that gives an account of our glorious 
victory in Flanders, which I shall cause to be put into Spanish, 
and send among the Spaniards. Our merchant ships consisting 
of 7 sail under convoy of 5 men of war will sail for Great 
Britain in two or three days, on board which will be in boullion. 
better than 200,000 sterl., and therefore I hope a squadron 
will be ordered to meet them in the Soundings. The Island 
has been sickly this montih past, but not attended with great 
mortality. Signed, Tho. Handasyd. Endorsed, Eecd. 25th, 
Bead 26th Nov., Dec. 6th, 1708. 5 pp. Enclosed, 

142. i. William Puckle to Governor Handasyd. I never ap- 
plied to your Excellency in relation to Mr. Whitchurch's 
affairs, etc. Signed, Wm. Puckle. Endorsed, Eecd. 
25th Nov. 1708. Addressed. 1 p. 

142. ii. List of prizes condemned in the Admiralty Court, 
Jamaica July-Sept., 1708. 5 Spanish, 2 French. En- 
dorsed as preceding. 1 p. 

142. iii. List of vessels arrived in Jamaica with negroes June 

25, 1698-June 14, 1708. Totals: Negroes imported 
by the African Company 6854; by separate traders., 
35718; importers not indicated, 1804. Grand- total, 
44,376. Same endorsement. 6 large pp. [C.O. 137, 
8. Nos. 24, 24. i.-iii. ; and (without enclosures) 138, 
12. pp. 340-345.] 

143. Governor Handasyd to the Earl of Sunderland. Re- 
peats preceding letter, and adds : I received 40 recruits by 
this packett-boat, and hope to have the remainder by the next. 
I am favoured with your Lop.'s letter of Jan. 31 in behalf e of 
Capt. Virnon. I think he is very deserving, and I shall be 
proud of an opportunity of doing him all the service that lies 
in my power or any Gentleman your Lop. is pleased to recom- 
mend... Signed, Tho. Handasyd. Endorsed, E. Nov. 25, 1708. 
4f pp. [C.O. 137, 45. No. 90.] 

144. W. Popple jr 1 ., to the Commissioners for stating the 
arrears due from King William. Salaries due to the Lords Com- 
missioners of Trade and Plantations, Michaelmas, 1700 March 
8, 1702 11,574. 8. 4. Salaries due to the Secretary, Clerks, 
Doorkeepers etc. 1,022. 0. 3. [C.O. 389, 36. pp. 368. a,b.] 

145. H.M. Warrants, addressed to Governor Parke, appointing 
Wm. Thomas and Eichard Oliver to the Council of Antego. 
Countersigned, Sunderland. [C.O. 5, 210. p. 118.] 

146. H.M. Warrant, addressed to Governor Handasyd, ap- 
pointing Valentine Mumby to the Council of Jamaica. Coun- 
tersigned, Sunderland. [C.O. 5, 210. p. 118.] 

147. H.M. Warrant, addressed to Governor Crowe, appoint- 
ing John Hallet to the Council of Barbados. Countersigned, 
Sunderland. [C.O. 5, 210. p. 119.] 



104 



COLONIAL PAPERS. 



1708. 

Sept. 29. 148. Governor Parke to Mr. Secretary Boyle. I did ray- 
Antigua, selfe the honour to write soon after I heard you were principal! 
Secretary of State to congratulate you ; I write now to begg a 
favour which is onely common Justice. I hear there is one 
Mr. Nivine gone home to endeavour to gett me out of my 
government. He has, as I am informed, carryed home articles 
against me, but the Councill as well as myselfe are ignorant 
what they are. The favour I begg is, that I may have liberty 
to answer whatever is lay'd to my charge, before I am con- 
demned. I am very sure they can alledge nothing against me 
will doo me an injury; it is noe wonder people of these Islands 
sends home Articles against theyr governours! I hav.e been 
the longest without a complaint of any that ever was before 
me, nor doe I know any just cause they have now, except 
preventing theyr clandestine trade with the French and Dutch. 
If upon a full hearing, you thinke I deserve to be turned out, 
then lett me be used as I deserve, but if I have discharged 
my trust like an honest man, I hope I shall have your protection, 
etc. Signed, Daniel Parke. Endorsed, Reed. Jan. 19. 2 pp. 
[C.O. 152, 42. No. 9.] 

Oct 1. 149. Governor Parke to the Council of Trade and Plan- 
Antigua, tations. Encloses accounts of imports and exports. Signed, 

Daniel Parke. Endorsed, Eecd. Jan. 18, Read Feb. 7, 170f. I p. 

[C.O. 152, 8. No. 8. ; and 153, 10. p. 285.] 

Oct. 1. 15O. Same to Same. Recieving noe commands from your 
Antigua. Lordshipps by this packett I have nothing elce to send but 
duplicates of what sent by the last except a account from 
Montserrat of what negroes have been imported by the Company 
and private trade, and the imports and exports of this Island. 
I don't doubt but your Lordshipps before this comes have seen 
one Nr. Nevine, who as I hear is gone home wth.' articles 
against me, he went of in a clandestine manner, though I sent 
him word by the Secretary that I heard he was going of 
privately, that if he would give in security as the Law directs 
for the payment of his debts, I promised I would not stop>p 
him, but on the contrary, if he would lett me know the articles, 
I would send home my answer at the same time, but he tooke 
noe notice of my messuage, for that would not answer'd his 
end, for it will sound better to say he was afraid of being 
stopped, and had I knowne the Articles, my answers would 
have prevented theyr makeing any impression. What these 
Articles are, neither myselfe nor Councill can guess, theyr 
manner of getting people to subscribe them has been very 
extraordinary, they made severall feasts, and got people 
to subscribe when drunke. The Agent of the Affrican Company,. 
Mr. Chester, made most that were in the Company's debt 
subscribe, promiseing them to trust them for more negroes, 
and those that would not were threatened, there is not one in 
tenn knows any one Article, and those that doe were sworne 
to secrecy, a deposition of one of the Assembly relateing thereto 






AMERICA AND WEST INDIES. 105 

1708, 

I sent by the last packett, etc. Your Lords hipps had not had 
this trouble, notwithstanding Col. Codrington's private intriegues, 
had I not for this five or six months past been very industrious 
in supressing a clandestine trade that has, it seems, though 
I did not know it, been all along carryed on between these 
Islands and the French and Dutch Islands, all theyr brandy, 
clarrat, white sugar, cocoa and other French goods they gett 
from Guardaloupe for beef, which serves to fitt out theyr priva- 
teers ; this trade is drove chiefly from Montserat, which is in 
sight of Guardaloupe. Col. Hodges, theyr Lt. Governour, and 
the CollejVjtour, are unkle and nephew, and they absolutely 
governc that litle Island, there comes every year tenn times as 
much beefe as that Island expends, yet noe body knows what 
becomes of it, the most* of it comes to the Lt. Governour, and 
in a few years he has got a greate estate by Trade. I can 
gett noe proof against him, they are soe linked together, either 
by relation or by intrest, but this I have found out, that there 
is two Danish sloopes, that used constantly to goe and come. 
I ordered my privateers to search these sloopes, if they found 
them at anchor, but they were good saylors, and as soon as 
they made a privateer, run from them as from an enemy. Mr. 
George Sherrard, that lives in Princess Court, Westminster, 
can informe your Lordshipps how I sent him after a Dane, and 
how one Mr. Blake told him! to tell me, if I would lett them! 
trade quietly as before, it should be worth me more then my 
sallary. The same offer'd me 100 pistoles to lett a Dane's' 
sloop sayle from St. Johns unsearched, and upon my refuseall 
told me noe Governor could gett anything here except he winked 
at that trade, and that old Coll. Codrington got all his estate that 
way, and that if I resolved to be soe strickt, the jnerchants 
by one means or other would make me very uneasy; I have 
found his words true, most of the people on Montserratt are 
Papists, and they have an Irish priest with them, and notwith- 
standing I have severall times gave orders for takeing him up,, 
yett I cannot get it done. I have severall packetts that have 
been taken out of sloops by my privateers that plainly discovers 
a considerable trade is carryed on, but they are not proof, for 
false names are made use of, but the invoyces for beef .etc., 
plainly discovers it, about 5 or 6 weeks agoe my privateers 
landed on Guardaloupe, and took of some negroes. Among 
them there was a very remarkable fellow, he had a monstrous 
great knob of flesh grew from 'his ear to his shoulder, he was 
presently knowne being a negroe that came in Mr. Chester's 
sloope from Guinea, about 10 or 12 months before, if they got 
pieces of eight in returne for theyr beef and negroes, there 
would be' some excuse, but it is quite contrary, they bring 
great quantitys of dry goods, which may be had from England. 
I have been informed that lutestrings have been sent from 
Montserrat to Bristoll, and vast profitts got by them, the London 
merchants have noe profitt of this trade, nor know anything 
of it, it is theyr factors here that makes use of theyr effects, 
to carry on this trade, and pretend in theyr letters that they 



106 COLONIAL PAPEES. 

1708. 

have trusted the planters, and cant gett in theyr debts, as 
Mr. Chester, Agent for the African Company, writes the Com- 
pany, when the truth is he makes use of theyr effects <to 
carry on his trade. I bought some negroes of him, he was 
very earnest with me, and I paid him in 3 or 4 months, other 
people tells me the same thing, and yett the Company (as I 
am informed) has due to them from this Island 30,000, a 
privateer about 4 or 5 months agoe, seeing a sloope of Mr. 
Chester's, putting on shore some goods in a private bay, 
took her and brought her downe to St. Kitts, where the Collector 
seized her, and she was condemned, she came from Curacoa, 
and had great quantity of Holland and other manifactures of 
Europe on board, as much as was apraised at near 600, though 
the privateers had plundered her of the better halfe, if this 
clandestine trade is permitted, these Islands will have noe oc- 
casion to send for England for goods, which will be a great 
loss to the English nation, and worth your Lordships' consider- 
ation. I have put a good stopp to it, in a litle time doubt not 
but wholy to prevent it. This has provoked the merchants, 
and this has been the cause of Mr. Nevin's being sent home 
with articles, lett them pretend what elce they please. Nor 
doe they depend upon theyr articles, for had they been true, 
they would not have been less true after I had knowne them. 
And as a proof they doe not depend upon theyr articles, they 
have raised 5000, this must be with an intent to bribe, for 
100 would [a] have been suffitient to fee Councill ; I hear 
Coll. Hodges has subscribed 300, it is worth his while, for 
rather then lose this profitable trade, he had better give 3000, 
and I believe he would, and yet he is sworne to the Acts of 
Trade, as well as myselfe, this is a plaine demonstration my 
preventing this trade is the great grievance ; for till that time 
Col. Hodges I thought was my very good friend, and severall 
other merchants, whoe I have very much obliged, have now 
given money to gett me out, that used to raile against Codrington, 
and have declared I was the best Generall they ever had. 
Chester himself e said the same to Capt. Saml. Byam but two 
days before his sloope was seized, but when he heard the sloop 
was seized, he swore I was the worst Generall they ever had, 
and that he would be revenged of me, thus your Lordships 
may see what I have got by doeing my duty ; my salary they 
would not pay me by reason I would not pass unreasonable 
laws, and [and] give the negative voice to the Speaker, and QOW 
for preventing a clandestine trade, they have raised 5000 to 
gett me out, theyr articles are all forged, and but made use 
of to throw dirt, and to make an impression on your Lordships, 
knowing it will be 3 or 4 months before they can be sent 
me and my answers returned, and in that time they hope to bribe 
me out. I have noe doubt but your Lordships will be soe good 
to me as by your last you promised me, that if there comes 
over any articles, they shall be sent me, and have time allowed 
me to answer them, I desire noe more, for I am very sure 
I have been soe carefull that neither in iny publick nor .private 



AMERICA AND WEST INDIES. 107 

1708. 

capacity, I have done any one thing but what I can Justine 
before the stricktest Judges, for my part I am weary of being 
with them, and whenever I have cleared myselfe I shall desire 
the Duke to provide for me some other way. There is one 
other reason for theyr being angry with, me, which is, my 
takeing care to have the Courts kept, for last year I had much 
adoe to have the Courts kept, and my holding a Court of 
Chancery every weeke, and amongst others I made a decree 
against the Chiefe Justice, for which he did me all the mischief 
he could underhand for some months, and when I found him 
out, he layd down his place, it is a constant maxim not to 
doe justice to any one but of the Island; there is hardly an 
instance of any one in England that ever recovered his right 
here. Some of the best Gentlemen that have been summonsed 
upon a jury have declared they would bring it in for such a 
one because he was theyr neighbour right or wrong, as in 
the case of Mr. Dumma last year: Mr. Baron, and others, can 
hardly gett soe much as anyone to prosecute for them, for it 
is looked upon as a very great crime for anyone to accept 
a power to prosecute an inhabitent; and by theyr law noe free- 
holder can be arrested, but you must proceed against him with the 
same respect as with a peer in England, and after you have 
judgement, it is a year and a halfe before you can levvy an 
execution to doe them any service, these evills I have endeav- 
oured to have remedied, but to no purpose, by which I have 
created myselfe many enemies, and nothing can remedy those 
abuses but an Act of Parliament to repeale theyr Court Law, 
and put the Commom Law of England in force, and someone 
that understands the law sent over as Chiefe Justice. I find 
my enemys that have articled does not thinke theyr articles 
will be suffitient to turn me out, therefore they give out they 
will .affront me soe as to make me leave them, accordingly 
upon all occasions where I have been ever since Mr. Nevine 
went, they would come in partys and say rude things, and 
have committed severall disorders in the Towne under my nose,, 
when I have sent to them they have affronted the Messengers, 
though magistrates, and Mr. Chester made a feast the 18th 
past, and it was given out some time before that that night 
they would affront the Generall, and they should see fine worke. 
I thinke they gott nothing by that project, soe I believe I 
shall be easy from affronts for the future, they imprisoned all 
the civill magistrates of the Towne, so that I was forced to 
call for a guard to prevent mischiefe, I bid the Justices bind 
them to theyr good behaviour, but they committed and fined 
them as for a riot on view, those that are fined above the 
sum limmitted in my instructions for apeales, I offered them to 
release them on security to prosecute the apeal at home, but 
they refused, and sent me word one and all would come out, 
or else lye there. I know not what to doe. I have asked the 
opinion of the Attorney Generall, and the Queen's Councill at 
Law, they tell me they must pay theyr fines, or be discharged 
from home, for by theyr law there being noe Court of Queen's 



108 COLONIAL PAPERS. 

1708 

bench in the Island there can be noe writt of error brought, 
or they tell me I may grant them a pardon, which I have 
offered them, but they had rather lye in prison then acept of 
of a pardon, though I thinke before I gave them a pardon 
I would have security that in case the Queen did not thinke fitt 
to remitt theyr fines, that they should pay them, for it is not 
in my power to remitt fines, the fines may seem extravagant at 
first sight, but if your Lordshipp [s] will consider the difference 
of money is 50 p.c., there is two are over fined. I asked 
the Justices their reason, they told me they were sett on by 
rich people, and they ought to pay theyr fines, and they them- 
selves are worth more then they are fined. I here send your 
Lordships severall depositions which will informe your Lordships 
better then anything I can say. I could send forty more to 
the same purpose, people that were awaked out of theyr sleep, 
their neighbors that heard and saw what past, but I think soe 
many is as good as a thousand. I had notice given me what 
was designed, and tooke all the care imaginable to prevent it. 
I hear they have taken some depositions to make apear theyr 
innocency for now they begin to thinke themselves in the 
wronge, for at first they outbraved it, but those depositions are 
from people that were in the riot, that the Justices did not 
thinke fitt to commit, haveing done enough for example and to 
prevent the like for the future. P.S. Just as I had finished 
this, I had a petition brought me from the rioters desireing 
a writt of error to be brought before me and Councill. I 
answered that I would lay it before the nixt Councill, and 
should act as they, the Attorney Generall, the Queen's Councill 
at Law, advised me. The Packett sail'd within an hour after 
this, and notwithstanding I had given this answer, and had 
given orders for calling a Council the next day, yett that night 
they broke the prison ; I would have had them taken, but the 
Council advised me to make them give good securety for (the 
payment of their fines in case the Queen did not remit them 
to lett them alone, wch. I did. I hope the Queen will think 
them better bestowed on some charitable case then remitted. I 
will take care to have them received and sent home. Signed, 
Daniel Parke. Endorsed, Reed. 18th Jan., Read 7th Feb., 170f. 
7 pp. Enclosed, 

150. i. Address of the Council of Antigua to Governor Parke. 
Duplicate of Aug. 24. q.v. Endorsed as preceding. 1 pt. 
150. ii. Council of Antigua to Richard Carey, Agent for An- 
tigua. If a paper of complaints against H.E., is laid 
before the Council of Trade, this is to let you know 
that they are not formed by the Representative body 
of this Island, but concerted by some particular dis- 
gusted and disaffected persons, etc. Signed. John Yea- 
mans, John Hamilton, Edward Byam, Will. Codrington, 
Tho. Morris, Law. Crabb, Will Byam. Aug. -24, 1708'. 
Same endorsement. Copy, 3 pp. 

150. iii. Account of the Riot at the house of Mr. Edward 
Chester, senr., at St. Johns, Antigua, Sept. 18, 1708. 



AMERICA AND WEST INDIES. 109 

1708. 

That morning General Parke received information of 
a riotous meeting the night before in the street before 
the goale, supposed to be occasioned by the comittment 
of Mr. John Barnes, the evening before, for wounding 
of a person, who desired leave to sea[r]ch his negro 
houses for things stolen from him, and also at the 
same time speaking very scurrilously and disdainfully 
of the General, etc. The Generall desired the Con- 
stables to prevent any such doeings the next night. Re- 
turning after dinner to towne about 7 p.m. and passing 
Mr. Chester's house, a great deale of company imme- 
diately fell a singing and makeing a noise in a very 
scoffing and rude manner, but the Generall tooke noe 
notice, but walked on to the Coffee-house. There Mr. 
Chester senr., Bastian Otto Byar, Edward Chester jr., 
Joseph Adams and others came by him in a very 
rude manner, and had like to have justled him, and 
fell upon abuseing the mistress of the house, and 
swearing and makeing a noise, on purpose to affront 
him. The Generall advised Mr. Otto Byar to goe 
home and behave himself for his father's sake. Some 
tyme after, the Generall was walking againe by Mr. 
Chester's house, and the company there againe fell 
a singing and makeing a noise very rudely. The 
Generall sent constables into them to require them 
not to keep such a noise, but they continued drinking 
there, and said 'twas time enough to go home. Presently 
the Generall ordered Col. Thomas Morris (one of the 
Council and a J.P.) and the Provost Marshall to tell 
them to be more civill or else to disperse, whereupon 
the company fell abuseing them, and immediately the 
doors and windows were shut up, and Col. Morris, the 
Provost Marshall and severall of the constables were 
in a riotous manner made prisoners. Mr. Byar had 
his sword drawn. One of the constables jumped out 
of a window for fear, and another was wounded in the 
leg. Mr. Justice Gateward in a loud voice commanded 
all persons in the Queen's name to keep the peace and 
goe to their severafl habitations, and then went in, 
where severall of the Company behaved themselves 
very insolently towards him and the other Justice of 
the Peace, and thereupon they and the Marshall com- 
mitted several to the goale for a ryott, as being con- 
victed thereof by their view, and accordingly a record 
is made thereof, and the persons fined. The Attorney 
General and Queen's Council approve of above pro- 
ceeding. Oct. 1, 1708. Signed, H. Pember, J. Brady. 
Endorsed as preceding. 1^ pp. 

1 50. iv. Copy of the Record of the Riot described in preceding. 
Same endorsement. 1 p. 

150. v.-xix. Depositions of Tho. Gateward, Michael Ayon, 
Saml. Wickham, John Bermingham, Thomas Morris, 



110 COLONIAL PAPERS. 

1708. 

James Robinson, Jacob Thibon, Samll. Walker, Alex- 
ander Dunn, Jason Martin, William Harrox, Capt. 
Thomas Newell, in support of No. iii. Same endorse- 
ment. 30 pp. [C.O. 152, 8. Nos. 9, 9. i.-xix.; and 
(without enclosures) 153, 10. pp. 288-300.] 

Oct. 1. 151. Governor Dudley to the Council of Trade and Plan- 

Boston, tations. Your Lordships' commands of April 15, referring to 

En. N ;Uind ^ ne Affrican trade, came to my hand from Barbados on Sept. 
28. And I have used all possible application to make my 
letters ready from this Province, as I hope to do from the 
Province of New Hampshire, and this is the first conveyance 
since. And that I might perfectly satisfy your Lordships what 
negro's have been imported into this Province from June 24, 
1698 Dec. 25, 1707, I have caused ye Officers of the Revenue 
to attend me, and have had conference with the principal 
merchants and planters referring to the number and prices of 
negro's brought in. And I find by the best computation that 
I can make (which cannot faile me to any degree) that there 
are in Boston negro servants to the number of 400, above half 
of them born here; in 100 towns and villages in this Province 
150. That in the 9^ years last past of the abovesaid number, 
arrived 200. That none of these were brought in by any ships 
of the Affrican Company, nor seperate traders directly from 
any part of Affrica, but from the West Indies. That is to 
say, Barbados, Jamaica, the Leward Islands, etc. Nor can I 
learn from any the merchants or planters here, that before this 
time the Affrican Company had any ship or factory here; but 
some traders on their own accompts, a long time since, have 
been upon the coast of Guinea [n] and brought slaves, the last 
was Thomas Windsor in the year 1700, who brought in 26 
negroes, copy of the dutys paid to the Affrican Company is 
inclosed. Since which here is an Officer, Mr. Benja. Alford, 
impowred to receive the 10 p.c. as by Act of Parliamt. given 
for the Affrican Company, whose commission is dated Feb. 25, 
170. Everybody is sensible of the absolute necessity and great 
benefit of that trade for the West Indies, but it is not so 
serviceable for these Northern Plantations. Because the winter 
halfe year admits of little service from them, but demands a 
great deal of clotheing, which is very dear in these Provinces. 
The negroes so brought in from the West Indies are usually 
the worst servants they have, which are therefore sent to be 
solde. The prizes are usually between 15 and 25 per head. 
These Plantations being upon the Continent admit of their 
running from their masters, whereas upon the Islands they are 
soon recovered. Upon all which accounts they have been found 
so little profitable, and the planters here do so much prefer 
white servants from Great Britain, Ireland, Jersey and Guernsey, 
who are serviceable in the war presently, and after become 
planters, that they have set, by a Law three years since, 4 
per head upon all Blacks imported, to encourage the bringing 
in of white servants, etc. P.S. I have prepar'd 4 copy's of 



AMERICA AND WEST INDIES. 



Ill 



1708. 



Oct. 4-20. 



Oct. 9. 

Windsor. 



Oct. 9. 



Oct. 10. 

New 
Hampshire. 



Oct. 11. 

Barbados . 



this letter, whidh I shall dispatch all way's possible that it may 
arrive seasonably, as yr. Lordsps. have commanded. Signed, J. 
Dudley. Endorsed, Eecd. 1st, Read 3rd Jan., 170 f.' 2 pp. 
Enclosed, 

151. i. List of vessels cleared at Boston for Africa, June 

25, 1698 Dec. 25, 1707. Total, 2. (1699, and 1700). 
Signed, John Jekyll, Collector. Endorsed as preceding. 
1 p. [C.O. 5, 865. Nos. 8, 8. i. ; and (without en- 
closure) 5, 913. pp. 37-40.] 

152. List of soldiers enlisted at Newfoundland by Major 
Lloyd. Signed ' a Jno. Mitchell, Danl. Snagg, Charles Davis, 
Danl. Maddox, Tymy. Mackarlye, Jno. Arnold, Matthew Walker. 
Endorsed, Reed, from Mr. Thurston, Read Jan. 5th, 170f. 3 pp. 
[C.O. 194, 4. 2Vo. 78.] 

153. H.M. Warrant, addressed to Governor Crowe, granting 
leave of absence to George Gordon, Provost Marshal, of Barbados, 
on appointing a Deputy, "in regard to his being employed in 
the Office of our Admiralty and to some private affairs of his 
own'* etc. Countersigned, Sunderland. [C.O. 5, 210. p. 120.] 

154. Lord Baltimore to Mr. Popple. Haveing by your favour 
Sr., had ye peruseall of a report made by Mr. Solicitor Genii, 
upon ye two Acts lately sent from Maryland ; I desire you'] 
please to acquaint the Lords Commissioners of Trade that I 
humbly petition to be heard by Council before their Lordpps., 
before that report be sent to the Queen. Herein you'l add to 
the favours you have shewne to, Signed, C. Baltemore. En- 
dorsed, Reed, llth, Read 26th Oct., 1708. Addressed. Sealed^ 
\ p. [C.O. 5, 716. No. 52; and 5, 727. pp. 54, 55.] 

155. Governor Dudley to the Council of Trade and Plan- 
tations. Same as Oct. 1. "There are in New Hampshire negro 
servants to the number of 70. And about 20 of them in 
nine years past have been brought in." etc. Signed, J. Dudley. 
Endorsed, Reed. 1st, Read 3rd Jan., 170 f. 2 pp. [C.O. 5, 
865. No. 9; and 5, 913. pp. 41-43.] 

156. Messrs. Sharpe, Walker and Beresford to the Council 
of Trade and Plantations. We enclose a copy of the Assembly's 
Address against us by the instigation of Mr. Crowe, together 
with some remarks upon the same, which were prepared to 
have gone by ye Cotton, pacquet, Sept. 23, but it haveing been 
thought she would not sail till the 24th in the morning, pur 
letters came too late for that conveyance. Since that, we 
find a Faction in the Assembly resolving not to depart from 
their darling project of paper mony, which they so much condemn 
in others, have prevail'd to brinlg a Bill into the House for that 
purpose; and altho' a petition herewith sent your Lordships 
was presented against that design, sign'd by the most consid- 
erable Traders of ye place, yet they have voted a Bill to be. 



112 COLONIAL PAPERS. 

1708. 

brought in for that end. We observe these Gentlemen fhink 
they answere all clamours, When they say they do not design to 
force their Paper Bills on any person, but this is a weak as 
well as unpardonable fallacy, for they declare the Country in 
debt above 20,000 ; they declare also, they raise this tax, and 
frame this Paper notion to discharge those debts. With what 
face then can they tell ye world they don't design a force? 
For if ye Creditor of ye Publick must take these paper Bills 
in discharg of his debt or have nothing, it is plain they are 
forc't upon him. But there is yet a greater injustice hid under 
this pretence of no force ; for as it already appears, the creditor 
being effectually forc't to take these paper Bills, because unless 
he dos, he must go without his mony, he is under ye greatest 
hardship in ye world, if he can't force them from him upon 
those he is indebted to. As to what may be said, that these 
Bills are made currant in ye payment of ye taxes and excise, 
this can be no relief, for ye grand creditors of this Island 
are mattrosses and other guardsmen of our fforts, who can 
hardly be supposed to trade in excisable liquors, or to be able 
to wait for their pay five years, the time limited for sinking 
these Paper Bills. So that it is plain, this is only a project 
to mortgage the Country for 5 years for 30,000 payable 
6000 annually reckoning interest, by which means all future 
Governours will be embarrast. But which is worse, the Gov- 
ernour, Treasurer, and others let into the secret will undoubtedly 
buy up these Bills from ye poor creditors for a trifle, which 
we have reason "to believe was the view intended, in not adding 
a forco and makeing them currant ; by which means they will 
receive to themselves ye greatest part of ye tax of 6000 ,a 
year: a new method of evadeing H.M. Instructions against 
takeing presents, and of retrieving the lost fortunes of these 
unhappy men at the expense of the publick. We are prepareing 
full proofs to be transmitted to your Lordships by ye next 
opportunity of all the particulars we have charged Mr. Crowe 
with in our late Representation, which we were so cautious as 
to communicate to no person in this Island but himself, and 
that personally and privately ; notwithstanding which he thought 
fit to suspend us from H.M 1 . Council for the same on Sept. 
25, immediately after the pacquet sail'd. We are satisfy'd 
we have done nothing but our duty. We lye under great hard- 
ships in obtaining the Minutes of common matters, and persons 
willing to prove his illegal and arbitrary practices are deterr'd 
from doeing the same by ye apprehensions they lye under of his 
power, which alone hinder us from doeing ourselves the honour 
of transmitting them by this vessel privately dispatch't, and 
of whose sailing we had but a few hours' notice. We gladly 
submit ourselves to your Lordships, beseeching you to exert 
not only your reason, but your authority in censureing effectu- 
ally the dispensing power assumed by Mr. Crowe, which has 
highly incensed all true Englishmen, which has subjected him 
to ye influence of a faction, who now resolve to make a tool, 
instead of complaining of him ; which they once resolv'd with 



AMERICA AND WEST INDIES. 113 

1708, 

all ye violence imaginable; and which will render us, without 
your Lordship's interposition, the only sacrifices to Mr. Crowe's 
violence and obstinacy, tho' we are neither guilty of them, 
nor of ye wicked arts of the Faction, but have, and do still 
continue- to declare for steady, legal and moderate measures, by 
which only Barbados can be saved, which we beg leave to 
assure your Lordships is upon ye very brink of ruine. Signed, 
Wm. Sharpe, Alexander Walker, Saml. Beresford. Endorsed, 
Reed. 14th, Read 15th Dec., 1708. 2 pp. Enclosed, 

156. i. Copy of petition of several merchants in Barbados 
to the Assembly against a proposed Bill for issuing 
a great sum in notes from 2/6 to 10/s. 49 signatures. 
Endorsed as preceding. 2 pp. 

156. ii. Copy of heads of proposed Paper Act. 1| pp. 
156. iii. Copy of Governor Crowe's Message to the Assembly, 
and their Address to him upon the Representation of 
Messrs. Sharpe, Walker and Beresford to him. Sept. 
4, 1708. Same endorsement. 3 pp. 

156. iv. Answer of Messrs. Sharpe, Walker and Beresford 

to the [preceding^ Address of the Assembly. Same 
endorsement. 5 pp. [C.O. 28, 11. Nos. 42, 42. 
i.-iv. ; and (without enclosures) 29, 11. pp. 357-361.] 

Oct 18. 157. Governor Lord Cornbury to the Council of Trade and 
New York. Plantations. I trouble your Lordshipps with these few lines 
to acquaint you that the great abuses committed in the neigh- 
bouring Collonys upon the Spanish coin allowed to be current 
here; to that degree that it is generally diminished above one 
third of the vallue, have obliged the Assembly now sitting to 
passe an Act for regulating and preventing the corruption of 
the currant coin, which I herewith send you, and intreat your 
Lordshipps to use your best endeavours to obtain the Royall 
assent for this Act, which I know to be of the utmost conse- 
quence to this Province, and without which it must be ruined ; 
I likewise send your Lordshipps an Addresse signed by my 
self, all the Gentlemen of the Councill that were in towne, and 
all the Members of the Assembly that were in towne. I urn 
desired by them all to desire your Lordshipps to lay it before 
H.M., with the Act to which it relates. I am obliged in justice 
to the people of this place, to assure your Lordshipps that the 
Addresse contains the truth, and that the inconveniencys therein 
mentioned will most certainly attend this Province, unless H.M. 
is gratiously pleased to confirm the Act passed here. I beg 
the favour of your Lordshipps that I may hear what H.M. 
pleasure is as soon as 'possible, because the Act of Parliament of 
Great Brittain is to take place in these parts the first of May 
next. Signed, Cornbury. Endorsed, Reed. Jan. 26, Read Feb. 
18, 170 f. Holograph. *2 pp. Enclosed, 

157. i. Address of the Governor, Council and Assembly of 

New York to the Queen. Wee your Majesty's most 
dutifull and loyall subjects, being highly sencible of 
the great disadvantages this Province has already and 

Wt. 11522, C P 8 



114 COLONIAL PAPERS. 

1708. 



must still labour under by the great abuse of the 
forreign coin allowed to be currant in these parts, to 
the great decay and even almost the intire ruine of 
trade, unless timely prevented, for the currant coin 
of this your Majesty's Province has of late been clipped 
and diminished at least one third part of its real 
value and great quantitys thereof for want of some 
good Law to prevent the same daily imported, whereby 
we are subject not only to the abuse of all evill practices 
of this kind here ; but in apparent danger of being 
the receptacle of all the clipt money in this part of 
America ; And having seen an Act of Parliament for 
ascertaining the rates of foreign coins in H.M. Planta- 
tions ; which is to take effect in these American parts 
on May 1st next, doe with all humility acquaint your 
Majesty, that if that Act is to take place according 
to the letter of it, this Province in particular, and 
some of the neighbouring Provinces upon this vast 
Continent must unavoidably be ruined, for if the coin 
allowed to be current in these parts (which is cheifly 
the Spanish coin and some Lyon dollars) is to be 
upon the same foot here as it is in the West Indies, 
we shall not have money to support the Government 
to pay the four company's of fuzileers, which your 
Majesty is graciously pleased to allow for the defence 
of this Country, nor to carry on any trade, and our 
ships must lye and rott by the walls, for it is an 
undoubted truth that nothing brings money into this 
Province, but the trade to your Majesty's Islands in 
the West Indies and to those subject to the States 
Generall of the United Provinces ; from the latter of 
which we bring nothing but heavy money. The cheif 
returns from this Province to Great Britain are made 
in heavy money. And if the money must pass here 
at the same rate it does at Jamaica and other Islands 
of the West Indies, as by the said Act is directed, it 
will not be worth the merchants' while to bring money, 
but will rather bring the produce of those Islands in 
return for the produce of these parts, which they carry 
thither, and so leave this Province without money, for 
want whereof the merchants here will not be able to 
make such returns to Great Britain as they used to 
doe, and consequently this Province will not be able 
to take off, by a great deal, so much of the manufactures 
of that your Majesty*s Kingdom as it has hitherto done, 
to the great damage of this Province, as well as the 
manufactures of Great Britain. In the last clause of 
the Act your Majesty is left at liberty to alter the 
regulation of the coin made by the said Act, either 
by your Majesty's Royal Proclamation, or by assenting 
to any Act of Assembly to be past in any of your 
Majesty's Plantations in America for that purpose. 



AMEEICA AND WEST INDIES. 115 

1708. 

The certain knowledge wee have of the consequences 
that will attend the execution of that Act in these parts, 
and the duty we owe to your Majesty, and the desire 
wee have to promote the good and wellfare of your 
Majesties subjects of this Province, have made us think 
it an indispensible duty upon us, not only to repre- 
sent the circumstances of this Province to your Majesty, 
but likewise in most humble manner to lay at your 
Majesty's Eoyall feet an Act passed this present Sessions 
of Assembly, "for the regulating and preventing the 
corruption of the currant coin," in the passing of which! 
wee have taken care to observe the directions your 
Majesty has been pleased to give the Governor in 
your Eoyall Instructions to him, in which your Majesty 
is pleased to direct him not to suffer any Act to pass 
by which the value of the silver coin allowed to be 
currant in this Province may be diminished without 
your Majesty's leave first obteined ; the rates contained 
in this Act are the same which the money now goes at 
in the Provinces of Connecticut, Massachusets Bay, 
New Hampshire, Eode Island and New Jersey, ;ind has 
gone at the same rate in this Province upwards of 
20 years past. This being the Truth, wee humbly 
beseech your Majesty will be graciously pleased to 
favour this Province with the Eoyall Assent etc., und 
to beleive wee should not have presumed to have passed 
the said Act without first obteinning your Majesties' 
leave for soe doeing, were it not for the shortness of 
time, between this and the first of May, that the Act of 
Parliament is to take place here, and the very great 
incertainty of hearing from Great Britain during this 
time of warr, it being sometimes 14 or 15 months' 
before wee can have any answers to the letters wee 
write from these parts, so that before wee could have 
humbly pray'd for and obteined your Majesty's leave 
to pass such an Act all the inconveniencies which \vee 
apprehend from the execution of the Act of Parliament 
would have fallen upon this Province before wee could 
have obtained a remedy, which wee now humbly hope 
for from your Majesty's great goodness to us etc. 
Signed, Cornbury, P. Schuyler, Eip van Dam, Tho. 
Wenham, John Barbarie, J. Beckman, Adr. Philiptes, 
W. Nicholl, Steph. Delanedy, J. v. Cortlandt, Tho. 
Codrington, Law. Eead, Edmund Ward, Jona. White- 
head, Wm. Willett, Josiah Hunt, Jno. Stillwell, Cornels, 
van Brunt, Abrah. Lakeman, Hen. Handen, Cornels. 
Seberingh, Mich. Hawdon. Endorsed, Eecd. Jan. 26, 
Eead 18 Feb., 170. Copy. 6 pp. [C.O. 5, 1049. Nos. 99, 
99.i. ; and (without enclosure) 5, 1121. pp. 357, 858.] 

Oct 22 158. Major Lloyd to the Council of Trade and Plantations. 
St. John's. I every year since my comeing to this countrey gave your 



116 COLONIAL PAPERS. 

1708. 

Lordshipps a particular acct. of this land ; it is my misfortune 
to fiend they have been intercepted, by what meanes I know- 
not, but can produce ye coppies and prove my sending of 
them ; I hereby send an acct. and state of ye fishery of this 
countrey etc. I went myselfe or sent an officer to all ye 
harbours for a just information that nothing might come from 
me to your Lordshipps but what I co[w]ld justifie to be true. 
If ihereafter your Lordshipps thinks fitt to signifie your pleasure 
to ,me in relation to that, or ye yearly Instructions to ye 
Commodores, I shall be proud of your commands etc. I have 
sent to Mr. Thurston, ye Agent, an acct. of ye men listed by 
me. etc. It is H.M. commands to me to send that acct. to ye 
Capt. Generall of ye Army, wch. I have from time to time done, 
and occasioned my not sending that acct. of late years to your 
Lordshipps. The malitious and false complaint of my enemies 
laid before yr. Lordshipps, I refer to ye papers ye Commodore 
has in answer thereto. I know my innocence, and humbly pray 
your Lordshipps to suspend your thoughts untill I am admitted 
a faire tryall in England or here. The Garrison is in as good] 
a condition as I desire it for this winter, ye Company being 
full and good men, and ye inhabitants nere 800 that will winter 
at St. Johns, if ye enemy hurt us this year, I'le allow ye 
fault to be laid to my charge. Signed, Tho. Lloyd. Endorsed, 
Eecd. Dec. 22, 1708, Bead Jan/ 5, 170f. Addressed. 1 p. 
Enclosed, 

158. i. Schedule of following papers. 2 pp. 
158. ii. Inhabitants of Newfoundland to the Council of Trade 
and Plantations. (i., ii.) It was to their unspeak- 
able grief that Capt. Moody was recalled, etc. (in.) 
Since Major Lloyd's return, the people are worse used 
than before. They are compelled like slaves to goe 
into ye woods on Sundays to cutt timber for his 
service, and spitt upon, kickt, beaten, wounded, over- 
laden with unequall quartering of soldiers and are dis- 
possessed of their properties. Taxes are made without 
laws, raised with partiality, and whoever dared to com- 
plain are immediately either miserablely abused in their 
persons or oppressed in theire trade. The soldiers 
are lett out to hire and robbed of their wages when 
earned; many (to be delivered from ye depressure 
of theire calamityes) have been forced secretly to escape 
and desert theire Plantations, especially in ye winter 
season when ye Comodores are absent, at whose returne 
some come back again, in hopes to finde shelter under 
ye small remaines of power left in the Comodore. 
(iv.) Major Lloyd boasts his power and interest in 
England, and threatens some and bribes others to 
subscribe a good character of himself and an accusa- 
tion of Capt. Moody. (v.) The present subscribers 
dare not returne to their families, if theire humble 
representation be known and their supplication for the 
removeall of Major Lloyd prove abortive. Copy. 1^ pp. 



AMERICA AND WEST INDIES. 117 

1708. 

158. iii. Inhabitants of Newfoundland to [? Commodore 
MitchelT] . Pray that their affidavits may be taken in 
refutation of preceding representation. Major Lloyd 
has by his courage and diligence baffled the enemy, 
and by his continuall good behaviour highly encour- 
aged ye industry of all people in theire fishery. St. 
Johns. July 3, 1708. 63 signatures. 1% pp. 

158. iv. Reply of some Inhabitants of Newfoundland to above 
Representation (No. ii). (i). Capt. Moody behaved very 
well during the French invasion, 1704, but afterwards 
plundered and arbitrarily imprisoned some of the in- 
habitants, (ii). Major Lloyd has behaved very well, 
to the general content of everybody., (iii). False in 
every particular, (iv). Their testimony is true, (v.) 
This charge is false. July 6, 1708. 74 signatures. 
3 pp. 

158. v. Masters of ships and merchants of Newfoundland to 
the Council of Trade and Plantations. The allegations 
(No. ii.) against Major Lloyd are wholly false. Pray 
that his services may be represented to H.M. 38 
signatures. 1 p. 

158. vi. Commodore Mitchell to the Council of Trade and 
Plantations. The replies of the inhabitants above (iii.- 
v.) were made of their own free will. All merchants 
and masters trading here unanimously agree that Major 
Lloyd has behaved well, etc. Signed, Jno. Mitchell. 
1 p. 

158. vii. Examination of Abraham Taverner. He knew 
nothing of his own knowledge as to the allegations 
which he signed against Major Lloyd (No. ii.) Signed, 
Robt. Harland, Admiral of St. Johns Harbour. Oct. 1, 
1708. 1 p. 

158. viii. Deposition of John Fletcher and Griffith Russell. 
Reply to petition of Mrs. Benger. We rented Poole 
Plantation from Mrs. Benger and her husband for 48 
a year in 1707. Major Lloyde never concerned himself 
directly or indirectly with us about the said plantation 
or rent. Sept. 15, 1708. Signed, John Fletcher (mark), 
Griffith Russell (mark). 1 p. 

158. ix. Opinion of 14 Admirals of the Harbour and Masters 
of ships at Ferryland, that the fishing rooms known as 
Pool Plantation belong by right to Phillip Kirke. Sept. 
17, 1707. Signed, Rich. Hartnoth, James Cradock, 
John Wickley, Wm. Meddon, Thomas Netheway, Willm. 
Tetherly, John Tucker, John Piffton of ye Kingsale, 
Henery Pearden, Vice-Admll., Wm. Hodder, Rear 
Admll., Christopher Browning, George Stephens, 
Nichos. Andrews, Phillip Rowstiffe. 1 p. 

158. x. Judgment of Commodore Mitchell and other Com- 
manders of H.M. ships of war upon the complaints 
against Major Lloyd. At a Court held at . St. Johns, 
Oct. 18, 1708. Major Lloyd has not traded, directly or 



118 



COLONIAL PAPEES. 



1708. 



[Oct. 25.] 
[Oct. 25.] 



Oct. 25. 

Whitehall. 



Oct. 26. 

Whitehall, 



Oct. 26. 

Whitehall. 



Oct. 26. 

Whitehall. 



Oct. 26. 

Whitehall. 



indirectly, nor let soldiers out to hire and taken the 
profits, but [h]is condescention to the entreatys of some 
masters of ships hath been the saving of otherwise 
lost voyages, without any damage to the Queen's ser- 
vice, care being taken that such was not to be without 
call of drum. He hath not levied any taxes as alledged 
but that three quihtalls complained of was a voluntary 
subscription for the maintenance of the Minister, and 
to be a bank for their own particular services in order 
the better to defend themselves from the enemy, which 
hath not amounted in the whole to above 160 per 
annum. All these complaints have been contrived by 
some few disaffected persons, etc. Signed, Jno. 
Mitchell, S (?). Chamberlen, Et. Harland, J. Percy, 
Covill Mayne, W. Ockman, Eichard Prius, Admiral, 
Arthur Holdsworth, Vice-Admiral, Abra. Passmor, Eear 
Admiral. If pp. [C.O. 194, 4. Nos. 77, 77. i.-x..: 
and (without enclosures) 195, 5. pp. 68, 69."] 

159. Petty Expenses of the Board of Trade, Midsummer to 
Michaelmas, 1708. See B. of T. Journal 5 pp. [C.O. 388, 
76. Nos. 41-44.] 

160. Copy of Patent from K. William III., constituting 
Samue! Cox Naval Officer in Barbados. Westminster, Dec. 13, 
1701. Endorsed, Eecd. from Charles Cox, Oct. 25, 1708. p. 
[C.O. 28, 11. No. 16.] 

161. Council of Trade and Plantations to the Lord High 
Treasurer. Enclose account of Office expenses, Midsummer- 
Michaelmas, 1708. [C.O. 389, 6. pp. 369-371.] 

162. W. Popple to Mr. . Savage. Encloses papers as desired 
Aug. 26. I do not find the affidavit of Mr. Wiberd in this 
Office [C.O. 5, 913. pp. 7, 8.] 

163. The Earl of Sunderland to Lt. Governor Bennettt. 
'Acknowledges letters of Feb. 10. You need not doubt that 
H.E.H will do you justice upon your complaints of Lieut. 
Wilcox's behaviour to you and the Attorney General of your 
Island. Signed, Sunderland. [C.O. 5, 210. p. 121.] 

164. Same to Governor Crowe. I have received yours of 
May 18 and June 7. I am sorry you should differ in opinion 
from the Council of Trade, but can assure you that they have 
nothing personal against you, and that there is no ground 
for your suspicion that they are none of your Friends. I 
presume they will return you full answers to what you write 
to them, and must therefore refer you thereto. Signed, Sun- 
derland. [C.O. 5, 210. p. 122.] 

165. Same to Mr. Jennings. I am to acknowledge yours 
of June 24. I have sent to the Admiralty what you write of 



AMERICA AND WEST INDIES. 



119 



1708. 



Oct. 26. 

Whitehall. 



Oct. 26. 
Whitehall. 



Oct. 26. 

Whitehall. 



Oct. 26. 

Whitehall. 



the necessity of a guard ship along your coast, and to the 
Council of Trade what you mention of the attempts from South 
Carolina to disturb your Indians trading with the West Indians ; 
as also what you hint of the advantage it would be for our 
merchants to supply your plantation with European goods to 
prevent the Planters running upon manufactures of their own. 
Signed, Sunderland. [C.O. 5, 210. p. 122.] 

166. Same to Governor Parke. I thank you for the informa- 
tion you give me (July 1) of a trade carryed on from Ireland 
and Barbadoes to Martinico, which I have communicated to 
the Council of Trade, that they may enquire into the matter 
and consider of methods for preventing that unlawfull trade. 
Signed, Sunderland. [C.O. 5, 210. p. 123.] 

167. Same to Governor Handasyd. I have received yours of 
June 17 and July 20. You may imagine how very welcome was 
the news of the good success of Bear Admiral Wager's Ex- 
pedition, your readiness to assist him with men is certainly 
very much to be commended, and the good agreement between 
you, as it must needs be a great pleasure to yourselves, must 
undoubtedly be a mighty advantage to H.M. service. You are 
very right in not passing the Bill which the Assembly were 
preparing, especially since you could not get the two clauses 
inserted for the preserving H.M. Prerogative and the due pay- 
ment of the Quit-Bents, and the Proclamation you have issued 
concerning that matter may prove of good service to H.M. 
Kevenue in your Island. Your recommendation of Capt. Old- 
field to be one of the Council there was referr'd to the Com- 
missioners of Trade as is usual in the like cases; from whom 
I have received an answer that the Council of Jamaica is at 
present full, but that he stands the first upon the list of persons 
for supplying the vacancy s there. H.M. is not yet come to any 
determination in the affair of Mr. Norris whom you recommend 
to bo a Naval Officer, nor as to what you propose of the sending 
a Chief Justice to Jamaica. Signed, Sunderland. [C.O. 5, 
210. p. 95.] 

168. Same to Governor Seymour. Acknowledges letters of 
Oct. 13, 1707 and June 23 last past. I have transmitted to the 
Admiralty what you write of the necessity of a guardship on 
your coast, and of your letters being detained which are sent 
by the men of warr, and to the Council of Trade what you 
mention concerning the bounds between Maryland and Pensil- 
vania, that they may consider of a method to put a speedy 
end to that dispute. Signed, Sunderland. [C.O. 5, 210. p. 96.] 

169. Mr. Popple to Mr. Attorney [" ? Solicitor] General. 
According to your desire, I send you a copy of the objections 
that have been made to the Council of Trade and Plantations 
against the Act of Nevis for establishing Courts, etc. (cf. Aug. 
11, 24) [C.O. 153, 10. pp. 194, 195.] 



120 



COLONIAL PAPEBS. 



1708. 
Oct 26. 

Whitehall. 



Oct. 26. 

Treasury 
Chambers . 



Oct 26. 

Whitehall. 



Oct. 27. 

Whitehall. 



Oct. 27. 

Jamaica. 



170 Same to Mr. Solicitor General. Upon Mr. Pindar's 
petition [see Sept. 14] , the Council of Trade and Plantations, 
apprehending that such passports and trade [as desired by him] 
are inconsistant with the Act of Navigation, whereby no goods 
may be imported into or exported out of any of H.M. Plantations 
in any vessels but such as do truly belong to the subjects 
of this Kingdom or of Ireland etc., desire your opinion whether 
such passes may be lawfully granted. [0.0. 29, 11. pp. 303, 
304.] 

171. W. Lowndes to W. Popple. Encloses following. My. 
Lord Treasurer desires the opinion of the Council of Trade 
and Plantations, what may be a reasonable bounty for the 
petitioner's subsistence etc. Signed, Wm. Lowndes. Endorsed, 
Kecd., Kead Oct. 27, 1708. Addressed. \ p. Enclosed, 

171. i. Melchior Gilles to the Queen. Petitions for a chari- 

table allowance till his wife has recovered and they 
are able to join the other German Refugees in New 
York. Signed, Melchior Hilg. [naturalised GuicJi] . 
1 p. [0.0. 5, 1049. Nos. 95, 95. i. ; and 5, 1121. 
pp. 325, 326.] 

172. Council of Trade and Plantations to the Earl of Sun- 
derland. Reply to Sept. 20. The Councill of Jamaica is at 
present full. Mr. Oldfield, of whom we have had a good 
character, does stand first upon the list of persons for sup- 
plying vacancys there. [O.O. 138, 12. p. 332.] 

173. W. Popple to Mr. Attorney Generall. Refers to Lord 
Baltimore's letter, Oct. 9th, that you may be present on Nov. 
8 to hear what he may have to offer," etc. [O.O. 5, 727. pp-. 
55, 56.] 

174. Governor Handasyd to the Council of Trade and Plan- 
tations. I have not received any letter from your Lops, by 
this packett. What occurrences have happened here since my 
last, by the Resolution packett boat and Fleet that sailed from! 
hence the last month, I shall now inform your Lops. of. Two 
of our privateers have sent in 2 Spanish vessells loaden with 
cocoa and other goods, they took severall more off Campeachy, 
but were not able to bring them up to windward, and have 
either burnt or sold them. It is reported these they have 
brought in are very valuable, but the truth of that I am 
not certain of. H.M.S. Severn has retaken from the French' 
an English ship bound from Barbadoes to Virginia, and sent 
her into port. I send your Lops, here enclosed the contract 
made between the French King and the Duke of Anjou and 
Councill of Spain, for the transporting goods from Old France, 
and likewise Spanish goods to the West Indies, which was 
found in one of the prizes, and I hope may be of service to 
us, when, it please God King Charles is settled on the throne 



AMERICA AND WEST INDIES. 121 

1708. 

of Spain. There are lately arrived at Lavera Cruz 12 ships 
from Cadiz, but most of them are French vessells under convoy 
of two men of war, one of 70 guns, the other of 50, the 
prisoners that are come from thence say they are all loaden 
with Spanish and French goods. Our sloops are not yet re- 
turned from the coast, and trade there seems to be very in- 
different, they pretending that mony is scarce. In my last I 
acquainted your Lops, of the seizure of a Spanish brigantine 
that was taken by one Scrivener, without a commission, since 
which, the enclosed paper will inform you of the proceedings 
of the Court of Admiralty and Navall Officer in that affair. 
I have now writt to H.R.H. Secretary to acquaint H.R.H. of 
the same, that I may know what shall be further done. A 
French privateer sloop being supposed to be one of our traders, 
has taken from the North side of this Island one of our sloops 
loaden with furstick and 10 or 12 negroes that were at work, 
which is owing altogether to the carelessness of the people 
there. The men of war here are healthy, but are in great want 
of sailors, to supply which the soldiers of H.M. Regiment under 
my command are almost ffatigu'd out of their lives, for there 
cannot 2 ships go to sea unless a fifth part of their men are 
soldiers. I have received 20 recruits by this packet boat, and 
the Officer at Plymouth writes me word he has 60 more ready 
to send. The Councellors that are Factors to the Guinea Com- 
pany and Judges of Courts, by which are incapable to sitt 
upon Appeals, I have shewn your Lops.' letter to, and told 
them the hazard they run of incurring the penalty of the Act 
of Parliament, but they all seem to think themselves very secure, 
except Col. Beckford, who says he will be no longer Factor to 
the Guinea Company ; I therefore desire to know your Lops.' 
further opinion, sincei I shall not be able to make up a Councill 
for Appeals. The Quartering Act being near expired, I shall 
be obliged to call an Assembly, but am mighty apprehensive 
of their stubborness in relation to the allowance to the Officers, 
who will not be able to live without it, for their common 
discourse is, they do not want Officers, but private men. The 
Revenue is not able to support the contingent charges, and 
I cannot find out a method to oblige the Assembly to enable it, 
notwithstanding I have moved it to every Assembly, and must 
desire your Lops.' advice in this matter as well as others.. 
The Island is healthy, etc. P.S. Since my concluding this 
letter we have had the ill news of the loss of H.M.S. Dunkirk's 
prize, which in pursuit of a French ship off Cape Francis, run 
upon a rock and broke to pieces, the French ship at the same 
time run upon a sand, and after some little dispute surrendered 
to the Captain and men of the Dunkirk's prize, who got her 
off the sand and have brought her into port: she is an outward 
bound ship from France, laden with wine, brandy and dry 
goods, some of her cargo was disposed of at Port Rico, some 
they put a shore upon Hispaniola, before we had possession. 
Signed, Tho. Handasyd. Endorsed, Reed. 19th Jan., Read 
Feb. 22, 170f. 3 pp. Enclosed, 



122 



COLONIAL PAPERS. 



1708. 

174. i. Copy of Contract between the French King and the 
Duke of Anjou for transporting French and Spanish 
goods to the West Indies. Endorsed as preceding. 
Printed. Spanish. 15^ pp. 

1 74. ii. Copy of proceedings of the Court of Admiralty, Ja- 
maica, in relation to the periago Kingston Galley. John 
Bill sailed with her for the Spanish coast in June, in 
order to dive on the galleon Admirall Wager blew 
up. Bill fell sick, and Benj. Scrivener taking command 
hoisted the privateer Jack without any commission. 
A Spanish brigantine taken by him was brought in to 
Kingston by some of Scrivener's men and there seized 
by the Naval Office. The Judges were of opinion that 
the seizure did 'not lie properly before them, by reason 
it was within the Harbour, and cognizable at law, and 
so dismiss'd the monition. The goods being perish- 
able were sold by the Navall Officer at publick outcry for 
1300 Jamaica mony. Same endorsement. 1 pp. 
[C.O. 137, 8. Nos. 27, 27. i., ii. ; and (without en- 
closures) 138, 12. pp. 355-359.] 

Oat. 28. 175 Council of Trade and Plantations to the Earl of Sun- 
Whitehall, derland. Enclose Address to H.M. from St. Kitts. (See July 
7, 1708). [C.O. 153, 10. pp. 210, 211.] 

Oct. 29. 176. Lt. Governor Bennett to the Council of Trade and 
Bermuda. Plantations. Refers to letter of Aug. 4, etc. Inclosed are the 
Navall Officers' lists of vessells entering and clearing from 
April 4, 1706, to Oct. 5, 1708, soe that I presume, with what 
has been before transmitted, those accounts are stated to that 
day- Also is inclosed the condemnation of the sloop Margarett 
for clandestine tradeing, but the owners being much dissatis- 
fied att the loss of their vessell for soe small a matter, have 
endeavoured many ways to reflect and blame the prosecution, 
pretending that the tobacco found on board was loose and in 
the sailors' chests and designed by them for their own use, 
and that the Master nor owners knew nothing of it. But with 
the tryal is the searcher's affidavit, which explains that matter. 
Capt. Brooke, H.M. Collector here of the Customes, has trans- 
mitted the whole proceedings to the Commissioners, whom I 
presume will appear to justify their Officer if further applycation 
is made concerning the same. M'r. Daffy haveing taken copys 
out of the Office of the proceedings against him at the Court 
of Assize, holden in Dec., 1706 for promoteing and getting 
(Subscriptions to a libellous paper, of which he was found 
guilty and fined 50, and being in hopes to prevail to gett 
that fine remitted, I have therefor now again transmitted a 
copy of that tryall. By the inclosed affidavits your Lordships 
will be informed of the cruelties the French have been guilty 
of among the Bahama Islands. The Justice of the Peace who 
took the examinations told me, that when he was interrogateing 
Mrs. Strode, she desired to be excused for that she was asham'd 



AMERICA AND WEST INDIES. 123 

1708. 

to declare what she saw and heard of their brutalities. Signed, 
Ben. Bennett. Endorsed, Eecd. June 29, Kead July 1st, 1709. 
Holograph. 2^ pp. Enclosed, 

176 i. Deposition of Elizabeth Stroude, of the Bahama 

Islands, as to the beating and torturing of women 

etc., at Exhuma and Illethera, by french privateers 

^ July, 1708, in order to make them divulge their hidden 

wealth. Signed, Eliz. Stroude. Copy. 1 p. 
176. ii. Deposition of Samuel Harvey. To same effect as 
preceding. Endorsed, Eecd. June 29, Kead July 1, 
1709. Copy. 1 p. 

176. iii. Copy of Proceedings of Court of Assize, Bermuda, 
Dec. 2, 1706, against Mr. Daffy. Referred to supra. 
Endorsed, Eecd. June 29, 1709. 4 pp. 

176. iv. Deposition of D. Ubanks, Searcher in the Custom 
House, Bermuda, as to tobacco found on board the 
sloop Margaret. Sept. 29, 1708. Signed, Daniel 
Ubanks. Endorsed as preceding. Copy. 1 large p. 

176. v. Copy of Proceedings at a Court of Admiralty, Ber- 

muda, March 12 and 15, 1708. The Margarett was 
condemned, and Appeal granted to the Lord High 
Admiral, etc. Same endorsement. 8 pp. [C.O. 37, 
8. Nos. 82, 82. i.-v. ; and (without enclosures} 38, 
6. pp. 456-458.] 

Oct. 29. 177. Mr. Solicitor General to the Council of Trade and 
Plantations. Eeply to Oct. 26. I humbly conceive that the 
granting of the passes desir'd will be illegal, and directly 
contrary to the Act of Navigation. Signed, E. Eyre. En- 
'dorsed, Eecd. 1st, Eead 9th Nov., 1708. Holograph. 1 p. 
Enclosed, 

1 77. i. Copy of Mr. Popple's letter, Oct. 26, 1708. Addressed. 

Sealed. 1 p. [C.O. 28, 11. Nos. 20, 20. i. ; and 
(without enclosure) 29, 11. p. 311.] 

Nov. 2. 178. Messrs. Sharpe, Walker and Beresford to the Council 
Barbados, of Trade and Plantations. Refer to former letters, and their charges 
against Governor Crowe. We hoped that H.E. would have 
waited H.M. determination of this affair or given us an oppor- 
tunity of makeing good our charges, but on Sept. 25th he 
removed us from the Council Board for presenting him with a 
scandalous libel, as he was pleased to call our representation, 
and tho' we insisted at the Council Board that we had done 
nothing but what we conceived was our dutys pursuant to our 
oaths, and had been prevented from offering in Council by the 
several adjournments therein complained off, and tho we earn- 
estly prest him that the said Eepresentation might be read 
at the Board and that he would enquire into the several alle- 
gations, and offer'd to prove them all and tenn times more, 
yet nothing coud prevail on him to doe either himself or us 
justice, but proceeded to suspend us from the Council, tho 
several members offered to protest against such suspension, 



124 COLONIAL PAPERS. 

1708. 

and pray'd that we might be admitted to make good our charge, 
which he rejected. We submit it to your Lordships consider- 
ation, if the suspension of Members of H.M. Council for offer- 
ing their advice in matters to which they are obliged by their 
oaths will not have a very fatal influence on the publick affairs, 
etc. Signed, Saml. Beresford, Alexander Walker, Wm. Sharpe. 
Endorsed, Reed., Read Jan. 19, 170f. 1 p. [C.0. % 28, 11. 
No. 47 ; and 29, 11. pp. 374-376.] 

Nov. 2. 179. Major Pilgrim to the Earl of Stamford. My last of 
Barbados. Aug. 28 acquainted you of my health and safe arrivall with 
my wife and daughter in this poor distressed Island, occasioned 
by the illegall and arbitrary proceedings of Mr. Crow, who 
governs by his will and pleasure, as is dayly seen by everyone, 
to the great greif of the poor inhabitants, a great many of 
which have been ruin'd by the late Paper Act, and now Mr. 
Crow with the Assembly are projecting another Paper Act, 
which if he can get to pass the Council will wholy ruin the 
poor Island, which he endeavours to accomplish by suspend- 
ing Mr. Sharpe, Mr. Walker, and Mr. Berrisford, for acquaint- 
ing him of his illegall and arbitrary proceedings, etc. He 
has placed two in their places, (viz.) one Barwick that came 
here from England in the ffleet with me, and is Mr. Blathwait's 
kinsman, and will doe what he will have him, the other is one 
Aynsworth, who is another tool for his purpose, at the suspend- 
ing the above gentlemen, Mr. Cox and myself did protest against 
his suspending them, and desired our protest might be ontred 
in tho Council book, which we showed to him, which hie refused, 
telling us he did not ask any man's consent to the suspending 
them, but did what he thought fitt ; I asked him why he called 
a Council, there being no other business that day, if he did 
not intend to take their advice, to which he replyed, he would 
call them when he pleased ; the next sitting of the Council, 
the Minutes of their sitting before was read, and there the 
Minutes said the former day's minutes were read and approved 
of, to which I told him it was a wrong minute, for that Mr. 
Cox and myself desired our protest might be entered, and we 
were dismissed, so that we did not approve of the same, his 
answer was nothing should be altered, and we might write for 
England and make the most of it we could ; and the last sitting 
of the Council, there were severall petitions heard, there being 
only five Members which made a Council and Mr. Crow, a 
petition being read and argued, three of the Members were for 
the petitioner, two against him, Mr. Crow voted against him, 
which made the votes but equall, nevertheless he gave it against 
the Petitioner ; I told him the votes were equall, and unless he 
had two votes, it was not carried, his answer was, wherever he 
voted, he would carry it. By all which your Lordship may 
see he will doe what he thinks fit ; he has now severall suits 
depending in the Chancery where he is Judge in his own 
cause, he has also severall suits at the Common Law now 
depending, and no Governour before him ever had the like, 



AMERICA AND WEST INDIES. 125 

1708. 

he has a Judge in the precincts where his causes are to be 
tryed, that will doe what he will have him ; the said Judg 
is Speaker of the Assembly and is more in debt than Jie 
is worth ; so that did not Mr. Crow keep him in ft Judge, 
his icrediters would fall on him, and extend all his estate, so 
that this Judge must do something for this favour ; you must 
also note that this Judge is Judge in the precincts where jiis 
estate is, so that he also is Judge in his own causes. As 
to the Millitia, he makes so often alterations in the Feild 
Officers, in turning out and putting in new ones, that at this 
time we have not two regiments settled in the Island, which 
would be of ill consequence, were we attack'd ; by all which 
I hope your Lordship will commisserate our deplorable con- 
dition, by making known the same to H.M., that we may be 
releived from a Governour that has acted illegall and arbitrary, 
which will easely be made to appear very plain by the sus- 
pended gentlemen, and by a great many other complaints made 
against him. Signed, Jno. Pilgrim. Endorsed, Reed., .Head 
Jan. 20, 170|. 3 pp. [C.O. 28, 11. No. 48; and 29, 11. 
pp. 377-380.] 

Nov. 2. 180. Governor Crowe to the Council of Trade and Planta- 
Baibados. tions. Acknowledges letters of July 13, Aug. 4 and 13. Your 
Lordships' commands shall be punctually observ'd, etc. I can- 
not but take notice of the Custom-hous officers' remissness in 
their duties-; they pretend to dispose of all inferiour places 
by order from the Commissioners in London, so that Governor's 
directions is not regarded by them, nor will by any others, 
except H.M. will be pleased to support it by showing her dis- 
pleasure on those that have so scandalously condemn'd it. Refers 
to enclosures. I hope that your Lordshipps will make such a 
representation thereof, that I may have justice don me and 
the authority of the Governmt. preserved, for as it now is, 
a Governor's whole time is taken up in vindicateing himselfe 
against the unjust aspertions of a sett of ill-designing men,, 
who want nothing but a change, in hopes their corruptions 
will (as heretofore) then take place. I refer your Lordships to 
the Minutes of Councill of Sept. 25th for my reasons of dis- 
placeing them, wch. T doubt not will be as well approved 
off by yr. Lordships as it has been here ; there then wanting 
two Members to make up the number seven,, I offer'd to reinstate 
Col. Hallet and Mr. Salter, but they both refus'd it, with 
this excuse, off experiencing the uncertainty of the continuance, 
so I thought it was not proper to run the hazard of the like 
answere from Messrs. Colleton and Warren, therefore pitcht 
upon Mr. Samuel Barwick and Mr. James Aynsworth, who 
are gentlemen without exceptions, and very agreable to the 
people Yr. Lordshipps will receive their characters from their 
ffriends in England, wch. I hope will be so satisfactory to 
yr. Lordshipps, that they will be confirm'd by H.M. At the 
request of the Grand Jury, Generall Assemblie, and Attourney 
Generall I have, with the unanimous advice of the Councill, 



126 COLONIAL PAPERS. 

1708. 

alter'd that rule in the Chancery Court, whereby the Register 
in Chancery unjustly demanded and kepp 10 p.c. (of all mony 
deposited) for his own use. Mr. Mein, who went home in 
H.M.S. Greenwich, can give your Lordships a very particular 
acct. of all occurrences dureing his time. I suppose your 
Lordships will think fitt to supply his place in the Councill. 
H.M.S. Weymouth about 20 days ago took off Martineek a French 
shipp of 120 tunns loaden from Nants with beefe, pork, flower, 
wine and brandy, wch. has been sould here. The Assembly 
are now about raising a leavy to pay off the country's debts, 
wch. amounts to above 20,000, but the methods they propose 
are not so agreable to the merchts. as I could wish, the bill 
now lys before the Councill, for their consideration. As soon 
as the publick accts. are all stated, yr. Lordshipps may depend 
on a coppy thereof. Signed, M. Crowe. Endorsed, Reed. 22nd, 
Read 24th Jan., 170|. 3 pp. Enclosed, 

180. i. Representation of Mr. Sharp, Mr. Walker and Mr. 
Beresford to Governor Crowe, touching his maladminis- 
tration, etc. Duplicate of Sept. 1, 1708. Endorsed as 
preceding. 7 pp. 

180. ii. Governor Crowe's Reply to the foregoing complaint. 
Nov. 2, 1708. The Council has alwayes been called when 
anything occurred, and never mist the usual monthly 
sittings, but on Aug. 3 last, which was occasioned by a 
cold and feaver that confined me to my chamber for four 
days, and on the meeting of Council, Aug. 30, I gave 
them the reasons for not holding on the next day, 
which they then approved off, and notwithstanding 
I demanded, if they had anything to communicate for 
the service before the Council was adjourned, they 
declared they had not as per the Minute here adjoyn'd, 
and by those already at large sent home, will appear. 
Although they tell of general dissatisfactions (which 
I immediatly thought convenient to inform myself of 
by the Generall Assembly), your Lordships will per- 
ceive the falcity of that assertion by said General 
Assembly's Address. It has alwayes been the custom 
of the Assemblys to meet (altho' the Council did not 
sitt) to prepare buisness or bills, in order to be passed 
into laws by the Governour and Council, as by ?11 
former Minutes of the Councill and Assembly sent 
home may appear I never did, nor do they instance 
any Cause of Error or Grievance determin'd without 
the due forms by a majority of the votes of the 
Councill, and as to what relates to ye affairs of Sir 
Willoughby Chamberlain, as my wife is sole execu- 
trix, all determinations relateing thereto was unanim- 
ously consented to and adjudged by the Council, and 
their prayer for my decreeing accordingly. I have 
duely observ'd II. M. Instructions in the disposal of 
Civil Offices, nor do they give one particular instance 
to the contrary, and as to ye millitary, I refer to 



AMERICA AND WEST INDIES. 127 

1708. 

the above Address, of the satisfaction of the people 
under the present Officers. But I must observe that 
untill this paper, those Gentlemen, if there had been 
any error committed, never were so just as to advise 
me thereof. I never consented to the Assembly's em- 
ploying any Agents in England, nor did the General 
Assembly ever ask my leave for so doeing ; as for the 
Council not sitting so often as at my first comeing, 
the reason is evident, that I then so regulated the 
affairs of the Government, that there was no occasion 
for such a constant attendance, nor do they mention 
one instance. As to the dreadfull apprehensions of 
another Paper Act; I referr to the General Assemblies 
Address. As to the charges 3, 4, 5, 7, refers to 
enclosures. As to 6, setting aside orders, I apprehend 
it was alwayes the custom of the Court of Chancery 
in this Island to be determined by the vote of the 
Chancellor when the votes were equal, and so the 
Barristers were of opinion, otherwise the party sup- 
posed to be grieved would have objected thereto. (7). 
If my private secretary, Mr. Skene, committed any 
abuses in extorting undue fees, it was contrary to my 
orders, and what I am wholly ignorant of, never have- 
ing had any complaints relateing thereto. Nor did 
ever I determine any matter of law by private pe- 
titions, they do not give any instance, only that I 
threatned Mr. Summers, wch. was for abusive lan- 
guage, and not for not complying with the just debt; 
I have to relieve the poor (who before my arrival 
were much oppressed, and durst not complain of a 
rich planter, for if they did to any neighbouring Justice 
of the Peace, had litle or no redress.) I set aside 
one day of the week to hear their complaints, and! 
have taken all proper methods to relieve them, which' 
was the only means to protect them from their accus- 
tomed oppression, and to keep them amongst us, as 
also to oblige the Justices of ye Peace to comply with 
their dutys. As to the case of Bamfeild against Water- 
man, the petitions are not to be found in the Offices. 
So that I cannot remember what was ordered in that 
case, but that there's no complaint from the partys. 
(8). As to stopping executions after judgment at Com- 
mon Law, it has alwayes been done by petition and 
injunctions granted. (9). As to Mr. Arnol and Grey's 
fine, it was done on their petition according to my 
Instruccions ; it's true Mr. Arnol being next neighbour 
to one of my plantations and seeing the neglect of my 
overseer, did send 30 negroes for two dayes to help 
to hole a piece of ground, wch. is not yet paid for. 
It amounts to 1-10-0 at 1\ per day. (10). As to 
Mrs. Walter's recovery against Farmer's estate, refers 
to enclosure. On the day appointed for the hearing 



128 COLONIAL PAPEES. 

1708 



the petition, it was dismisst by the plaintiff's consent, 
on a better understanding between her and the de- 
fendants, as I was informed. They do not instance 
any one case of hardship putt upon any person, on 
a private petition. (11). As to the affair (s) of the 
Grand Sessions, I do not now remember it. But why 
did not these Gentlemen who were Councillors, as 
Messrs. Sharpe and Walker, and at that time on the 
bench, as it was their duty then to have informed and 
advised me better, if by my then sickness in Court, 
or inadvertency any mistake had been committed. Nor 
did I ever hear this affair mention'd before this paper 
charge. It was also the duty of the then Attorney 
General to have protested against any irregularity of 
ye Court. (12). There is no instance given or ever 
any question made (but by these Gentlemen) of my 
partiallity in judgment, either in Chancery, Error or 
Grievances, nor of receiving any presents but from 
Mr. Slingesby. Refers to enclosure,. (13). If I con- 
tinued at Pilgrim after the Act of 500 was past, it 
was well known the reason was because I could not 
rent a convenient plantation, and that my own house 
was at that time fitting up. (14). As to imprisoning 
Judge Buckworth, refers to enclosure. The noli prose^ 
qui was entred by the Attorney Generall without any 
order from me. (15). As to the committing the undrir- 
goaler Smal, it was for contempt and letting prisoners 
for debt goe out of prison. (16). As to imposeing 
new oaths, it's like the rest, false. (17). As to trade, 
I have been so far from discourageing, that never no 
Governour went so far to encourage it. (18). And as to 
the Sherbrough ffrigot, I believe the concern'd do not 
think they have any ground for complaint. That affair 
would have been brought to a trial, if the Custom 
House Officer who ought to have prosecuted, had not 
failed in his duty. I never gave any orders, or obliged, 
or ever so much as spoke to any Master to have his 
petition drawn by my private Secretary, or over re- 
fused, when it was propper and consistent with H.M. 
Instructions, to sign any petition for sailing, nor do 
they pretend to give an instance, but in the general 
discontent. (19). As to appointing Coll. Cleland Lieut. 
Governor, these Gentlemen would make a handle thereof 
to insense the People, who know as well as they that no 
Lieut. Governor can be appointed here but by H.M. ; 
so I could not by letters or otherwise pretend to the 
disposal of it without H.M. approbation: whatever might 
be pretended in this was before I left England, when 
H.M. was pleased to order my returning into Spaine 
as her Envoy extraordinary and Plenipotentiary but, on 
the planters' and merchants' petition for my oomeing 
directly for Barbados, there was an end of it. (20). 



AMERICA AND WEST INDIES. 129 

1708. 

As to the not passing the new Excise Bill, it was 
the Gentlemen of ye Councill who disputed it with 
the Assembly on account of the Agency being incerted 
therein, and had several conferences with them thereon, 
nor was ever the General Assembly adjourned on that 
account ; much to the contrary, long before their time 
expired they were ordered to sitt de die in diem, untill 
that should be accomodated between them, to which 
I referr to the General Assembly's Address; nor in 
the interval, to the best of my memory, did there more 
than one smal sloop arrive with 35 pipes of wine con- 
signed to Mr. Mackenzie, the duty whereof amounts 
to no more than about 157-10-0. (21). As to the 
alterations in the Militia, I was several months in the 
Island before any was made, and those that has since 
been, are to the general satisfacion of the people, 
as appears by the Assembly's Address. (22). As to 
the Brigadeer, there are two that bears that Com- 
mission, which they mean doth not appear, but I 
must do them both that justice, as to declare my opinion 
of their being gentlemen of as good estates, and as 
much honour, courage and integrity as any in this 
Island. And as to the Judges, there has been but two 
new ones made since my arrival. The first was Coll. 
Eeynd. Alleyne, of whom I have not heard any com- 
plaint, and Coll. Downes, who has for some years 
been Speaker of the General Assembly, and in his 
place as Judge done his duty with as much expedition 
and justice as ever any man that sat on that Bench. 
Whatever disadvantages any of these Gentlemen might 
at my first comeing to this Island lye under by mis- 
representations to me from some of these discontented 
persons or others, I have now been long enough here 
to know them personally, and think myself obliged to 
acknowledge my satisfaction with their conduct and 
proceedings. As to their charge of my illegally dispens- 
ing with the law in Coll. Holder's case, it is as 
falsely represented as the rest ; ffor what was done 
in that case was in a Court of Grievance und voted 1 
by a majority of the Councillors, by which I was 
obliged to give sentence, so that I had no other share 
therein than to pronounce the judgment, as in all 
other cases, which is carried by a majority of votes 
in Council, which by my oath I was obliged to, as 
the General Assembly was soon sensible of, and that 
was the reason they did not proceed on the Represen- 
tation, haveing detected the false insinuations by which 
they were led into that error, and Mr. Beresford gave 
his vote for ye supporting that Order he now exclaims 
against. So that there doth not in the least appear 
what they so falsly and scandalously assert, that by 
any way or thing I have prostituted the dignity of 

Wt. 11522. C P 9 



130 COLONIAL PAPERS. 

1708. 



the Government, or sacrificed the publick good to my 
private safety, etc. (23). As to their additional charge, 
dated Sept. 1, 1708, their false pretence of want of 
opportunity or time to consider of publick affairs is 
answered by the Minutes of Councill, and as to the 
Assemblys addressing H.M. without the concurrence 
of the Council, it is both parliamentary and hath often 
been done by former Assemblys, and is a priviledge 
that even a private subject cannot be debarred from, 
nor did any of these Gentlemen give me notice of 
such proceedings of ye Assembly (untill by their paper), 
that I might, if there had been any just grounds, have 
stoped it. (24). And as to my permitting of the As- 
sembly disposing of the publick money without advice 
of the Council, it is so notorious \ly~] false, that the 
Assembly never offered or demanded any such thing, 
as by their Address. So that I think it's plain how 
falsely and scandalously they have abused me. Upon 
the whole matter it appears that the instances these 
gentlemen have given of male administracion (if they 
were true), were matters transacted many months since, 
so that, if the zeal they pretend for H.M. service and 
a due administration of the affairs of this Governmt. 
were real, they, on consideration of their oaths and 
duty as Councillors, ought long since to have given 
me their opinion and advice in these matters, which 
I do averr they never did till the delivery of the 
said paper, excepting only Mr. Sharpe's protest con- 
cerning the business of Coll. Holder, which was the 
last Council day before the delivery of this paper : 
and it is observable that they do not so much as 
pretend they had ever given me any advice in the 
affairs complained of, till the delivery of said paper, 
which would have been such an aggrevation as they 
would not have omitted, as may appear by the temper 
shewed in their remonstrance. I beleive they will 
not be justified in treating me in the manner they 
have done, when I am by H.M. Commission their 
Governour, which could tend only to create sedition 
and ffaction in the Island, and endanger the safety 
thereof. What this action of theirs and their publick 
proclaimeing and bragging of it had like to have pro- 
duced may in part appear by enclosure. In respect 
to the Queen's authority, I think their advice should 
have been given with some decency and modesty, and 
without the many unnecessary and impertinent reflec- 
tions with which it is filled. And if my managment 
of this Government had been imprudent or even crim- 
inal, till H.M. had judgd it so, I beleive they cannot 
justifie their insolence, which, if it go uncensur'd, 
will be a president for the like treatment of future 
Goveraours, the consequence of which may be easily 



AMERICA AND WEST INDIES. 131 

1708. 

forseen. It was neither zeal for the Queen's service 
nor sense of their duty that moved these Gentlemen 
to deliver the said paper to me, but some of the true 
reasons are these: On Aug. 31, 1708, in the Assembly 
of this Island there happened some warm debates con- 
cerning the accusation and imprisonment of Mr. Lilling- 
ton and Coll. Downes for High Treason, in the later 
end of Sir B. Granville's Government, and the force- 
ing from one of them, as it was said, great summs of 
money. The Assembly thought it very much for the 
safety of H.M. subjects of this Island that so villainous 
a practice should be thoroughly enquired into and de- 
tected, and in the said debates Alexander Walker and 
his brother William Walker Esqs. were by some of 
the Members charged to be persons against whom 
there was violent cause of presumption, that they first 
had suborn 'd an evidence to swear against the said 
gentlemen, and that they had after their commitment 
made their advantage of it, but that debate was ad- 
journed till a further and more particular discovery 
might be made, wch. I am informed is carried so far 
that one or both of those brothers will probably have 
a trial at ye next Grand Sessions, which is to be pn 
Dec. 12 next. The Assembly then proceeded to con- 
sider of other transactions of Alexander Walker, and 
particularly of his takeing a sum of money of Col. 
Holder for promoteing and voteing for the Banke bills 
issued in the time of Sir B. Granville, the said Walker 
being then a leading Member in the Assembly, on 
which they made an Address to me (enclosed}. The 
said Walkers sometime before foreseeing that there 
would probably be some enquiry made into those mat- 
ters, by many applications and insinuations endeav- 
ourd to gain the same credit and power with me 
that they formerly had with Sir B. Granville, sup- 
poseing that the only way by which they could avoid 
the penalties of the Law if they were prosecuted here, 
but being before that well informed of their characters, 
their endeavours were in vain. Thus the matter stood 
till the Assembly proceeded and addressed as aforesaid 
on Aug. 31, when, finding themselves without the pro- 
tection they expected, and despairing thereof whilst I 
continued in this Governmt., they framed the aforesaid 
libell, and Alexander Walker prevailed with Mr. Sharpe 
and Mr. Beresford to joyne with him therein, and de- 
liverd it to me the next day after the proceedings of 
the Assembly, being September 1, artificially dateing the 
first part of it August 27, as if it had been prepared 
sometime before the said proceedings of ye Assembly. 
To omit many other reasons which Sharpe had, not to 
seperate himself from the Walkers (with whom he 
has alwayes been strictly united), his very great debts 



132 COLONIAL PAPEES. 

1708. 

and low circumstances in ye world have given him 
sufficient occasion to be dissatisfied with the frequent 
sitting of the Courts and more speedy execution of 
justice in the time of 'my Government than was formerly 
used in this Island, as by the Records of the Courts 
and the general confession of all persons interrested 
here may appear by enclosure. It will likewise appear 
that he now owes the sum of 15,739 by judgments, 
besides what he owes on bonds and open accounts, 
so that for want of the security from payment of his 
debts which he formerly enjoyed, and the hopes he 
publickly declared he has of this Government on the 
next vacancy, he has been tempted to joyne with the 
said Walker. As to Mr. Beresford, he was first placed 
in the Council by Mr. Sharpe in the time of his 
Presidentship, and is a dependant on him. His low 
character in the Church I believe is well known to my 
Lord Bishop of London, his Diocesian, as well as to 
all persons here, some part of which will appear by 
the depositions of Brigadeer Thomas Alleyne and Mr. 
Salter, sent herewith. I think his temper will likewise 
appear by the paper to which this is an answer, which! 
showes not much of the spirit and discretion of a 
worthy and sober Divine fitly qualified to be a Member 
of H.M. Council. What I believe has most provoked 
those Gentlemen is to see their scheem of Government 
projected in the President's time by Mr. William 
Walker, as by his letter to Coll. Cleland, and Cleland's 
explanation thereof to the Assembly, wholly frustrated. 
Coppy goes herewith. I hope by what has been said 
it will appear that those three Gentlemen has falsely 
and scandalously abused me. Signed, M. Crowe. En- 
dorsed as preceding. 10| pp. 

180. iii. Certificate that the following are sworn copies of 
the originals. Signed, M. Crowe. Nov. 1. 1 p. 

180. iv. (a). Minutes of Council of Barbados, Aug. 30, 1708. 

180. iv. (b). Address of the Assembly of Barbados to Gov- 
ernor Crowe, in reply to the paper of Messrs. Sharpe, 
Walker and Beresford. Sept. 4, 1708. 

180. iv. (c). Depositions and petitions of Arthur Slingesby, 
Susanna Scott, John Pittman, Thomas Baron, Tho. 
Godfrey, Arthur Upton, W. A. Moore, Wm. Godman, 
Wm. Shuller, Patrick Thomson, John Holder. 

180. iv. (d). Minutes of Council of Barbados, Oct. 11, 1707 
July 6, 1708. 

180. iv. (e). Copy of Warrant for arrest of Cuthbert Mitford 
on the petition of Joseph Swaine. Nov. 1, 1705. 

180. iv. (f). Copy of petition of Richard Williams and an 
order against John Summers for payment of a debt 
referred to therein, after he had refused to attend the 
Governor. Aug. 18, 1707. 

180. iv. (g). Copy of petition of Katherine Herbert, and sum- 



AMEEICA AND WEST INDIES. 133 

1708. 

mons against Alexander Walker, dismissed July 26, 
1708. 

180. iv. (h). Depositions by Thomas Baron, Secretary, that 
he cannot find in his office the petition said to be pre- 
ferred by John Holder against the proceedings of the 
Bank Marshal, or of Gibbes v. Walter, or Bamford v. 
Waterman. Oct. 12, 1708. 

180. iv. (i). Petition of Manuel Manasses Gilligan and But- 
ler [Chamberlain] his wife, administratrix of Sir John 
Witham, Bart., for leave to appeal from a decision 
upon an action of detinue against William Battyne, 
Cuthbert Mitford and John Cleland. Granted, pro- 
vided the negroes in debate be found upon appraise- 
ment to be of the value of 500. Leave to appeal 
was then refused, April 24, 1708, upon the grounds 
that the warrant of appraisement was not duly executed. 

180. iv. (j). Address of the Assembly to Governor Crowe, 
Aug. 1, 1708. Pray that Alexander Walker may be 
removed from the Council, if Col. Holder's allegation 
be proved, that he received 527 out of the profits of 
the Bank Bills, he having zealously promoted the Paper 
Act, etc. 

180. iv. (k). Certificates of 20 judgments entered against 
William Sharpe since 1681, varying in amounts from 
3000 downwards, upon which no satisfaction has been 
made. Signed, Wm. Burnet, Cl. Cur. 

180. iv. (1). Deposition of Capt. Alexander Arnot, that in 1706 
he with Capt. Christopher Jackson, entered into bond 
of 2000 for Cuthbert Mitford, then taken up on a ne 
exeat insula on a bill in Chancery filed against him! 
by the Attorneys of Mitford Crowe, then in England. 
Soon after, they caught him at sea endeavouring to 
escape and refused any longer to stand his security. 
Oct. 28, 1708. 

180. iv. (m). Deposition of Eichard Downes, Nov. 1, 1708. 
On Sept. 4, when he was with H.E., Mr. Bate waited 
upon deponent. In reply to his enquiry by letter 
as to his business, he received a letter from Mr. Bate: 
"Sir, my business was to give you a letter from Col. 
Codrington, written at the desire of 4 or 5 gentlemen, 
who are willing to preserve the rights of their constitu- 
tion as long as they can. The business of the letter 
was this, that if publick business could not be dispatcht 
without private quarrells (which as it was your duty, 
so you had authority enough to prevent), it was not 
reasonable Mr. Maxwell and Mr. Carter should be en- 
gaged alone, but that Mr. Carter had 3, 4 or half a 
dozen freinds to attend him whenever his enemys 
should think fitt to call on him. Wee went to drink 
chocolat with Col. Carter this morning, and haveing 
made him our complements came back to towne. Signed, 
Eaynes Bate. Sept. 5, 1708. For the honble. Mr. 



134 COLONIAL PAPERS. 

1708. 

Speaker Downes. The whole endorsed, Reed. 22nd, 
Read 24th Jan. 170f. 62 pp. 

180. v. Address of the Assembly of Barbados to Governor 
Crowe Oct. 5, 1708. Return thanks for abolishing 
the practice of the Registrar of the Chancery Court in 
keeping to his own use 10 p.c. of money deposited in 
the Court. Same endorsement. 1 p. 

180. vi. Deposition of Thomas Alleyne, Oct. 8, 1708. After 
the Council had risen from business, they were one 
day discoursing of the debauchery s of the youth of 
this Island, and particularly toward ill women. Some 
of the company said that Oxford and Cambridge af- 
foarded as great oppertunitys for that vice as any 
place else. Deponent replyed, he was sorry to hear 
that, he haveing a son at each University, and that if 
he should know either of his sons guilty of such wicked- 
ness, he would discard them from his favour. Mr. 
Samuel Beresford said he was of a quite different 
opinion, etc. Same endorsement. 1 p. 

180. vii. Minutes of Council of Barbados, Sept. 25, 1708. 
Same endorsement. 2j pp. 

180. viii. (a). William Walker to Col. Cleland. A project 
for sharing the Government in Mr. Sharpe's Presi- 
dentship. W.S. to be made Commissary General with 
the allowance formerly projected, and the Treasury 
being secured to J. H[oZdler], I believe he'l be content 
to quitt the Bank. Then W. C[ZeZand] and A. 
W[aZ&er] to have the management of the Bank, and 
J[o/m] S[harpe] to have the direction of it under 
them, with a certain sallary, and W. S. to have out 
of the profitts of the Bank 4 or 500 per annum. And 
in regard of the loss the Register's Office will sustain 
by reason of the Bank credit, Robert] S[tetvart] or 
W. W[alker~\ dureing his continueing in the said office 
be allowed 4 or 500 per annum out of the profitts of 
the Bank. The letter is signed Philotas and writt in 
Mr. William Walker's own hand. 

180. viii. (b). William Walker's explanation of above to the 
Speaker. April 24, 1707. Neither Col. Holder 
nor I approved of this project. Another project was 
by James Vaughan, who declared the President was to 
have 2000 to dissolve the Assembly and grant new 
commissions etc. Signed, Wm. Cleland. Same en- 
dorsement. 11 pp. [O.O. 28, 12. Nos. 2, 2. i.- 
viii. ; and (without enclosures] 29, 11. pp. 385-390.] 

Nov. 2. 181. The Earl of Sunderland to the Council of Trade and 
Whitehall. Plantations. Encloses extracts from Col. Jenings' letter of 
Juno 24, relating to Indian trade and European goods etc., 
and from Governor Parke, July 1, relating to trade with Mar- 
tinique. "Of which advices, you'll please to make such use 
as you shall judge to be for H.M. service." Signed, Sunder- 



AMERICA AND WEST INDIES. 135 

1708. 

land. Endorsed, Eecd. 3rd, Eead 8th Nov. 1708. 1 p. Enclosed, 

181. i., ii. Extracts of letters referred to in preceding. See 

under June 24 and July 1. 2 pp. [C.O. 5, 1316. 

Nos. 6, 6. i., ii. ; and (without enclosures) 5, 1362i. 

pp. 303, 304.] 

Nov. 3 182. Governor Parke to the Council of Trade and Planta- 
st. Christophers, tions. Inclosed I send an Address from the Lt. Governour, 
and Councill of St. Kitts to the Queen, all has signed 'but 
Capt. Crook, who is so disabled with the gout he cannot hold 
a pen, or he had sign'd it, the Assembly as soon as they sitt 
I dont boubt [sic] but will signe it; I am "but just come: from! 
Antigua, as soon as the Fleet is dispatched, I shall vissitt the 
other Islands of Nevis and Montserratt. I have no doubt but 
to have an Address in my behalfe from them, notwithstanding 
Col. Hodges is my enemy whomej I disobliged by chaseing away 
the Daneish sloops ; I have sent an attested coppy of the Lieut. - 
Governour and Councill of Antigua's letter to me and their 
letter to Mr. Gary their Agent, for I ordered them to be entred 
on the Councill Books; It's very surprizeing that I .should 
be guillty of so many crimes, and in such a small Government, 
and that nobody should know of it but a caball of five or 
six ipeople, for tho by extraordinary methods they have got 
many to signe the Articles and Address, yet they know not what 
they are ; I hear they have taken depositions before the Cheif 
Justice, one Samuel Wattkins ; I beg leave to informe your 
Lordshipps the charectar of this man. I found him Cheif 
Judge, and by my Instructions was not to turne him out. 
Sometime before he was made Cheif Justice, he murder'd a 
man that had neither stick or sword in his hand, the Jury here 
brought feim in guilty onely of manslaughter. ( There never 
was any inhabitant that ever I heard of brought in guilty of 
murther ; There was a merchant once, one Lloyd, they did bring 
in guillty, the reason they gave, he had sold his goods too dear) . 
Coll. Codrington pardon'd his manslaughter, and some time 
after was made Cheif Justice, therefore he thinks he ought to 
do all manner of clandestine things to carry on Codrington's 
intrest. I have the misfortune to disoblige this Gentleman by 
makeing a decree ; the story is this, one in Buckinghame had 
sent some goods to Antigua, he to whom they were sent died ; 
Wattkins, the cheif Justice, and Mr. Feild were executors; 
Feild refused, but Wattkins acted as Executor, one Andrew 
Martin was sent over to sue Wattkins, but was three years 
about it to no purpose, at last brought it before me in Chancery y 
he plainly prov'd his debt. I had the whole Councill with] 
me, who were unanimous of opinion I ought to decree for the 
Plaintiff, which I did ; 'tis impossible for your Lordshipps to 
imagine what a clamour this decree made, tho' the most just in 
the world. That which galled them was that an attachment 
went to take him up untill he had paid the man the mony 
decreed, this they cryed was ruineing the Island and breaking into 
their constitution, for by their Court law a debtor may tyre out 



136 COLONIAL PAPERS. 

1708. 

his creditor till he obliges him to take what he thinks fitt; 
for after a man has obtain'd judgement, he must give 20 
dayes notice to the debtor before he can lay his execution. 
In that time he removes what the execution can be levied upon 
to his next neighbours, and it must be 6 months before he can 
have another, and then he must againe 'give 20 dayes notice, 
and so on for .eighteene months, and if the Marshall should 
catch his effects (which is very improbable), then the creditor 
must choose two and the debtor two men to appraise the 
goods, and the Law sayes, except they all four agree, it shall 
be no appraisement, now 'tis hard if the Debtor cant find one 
friend that will not agree to the appraisement; so that I may 
justly say they have established iniquity by a Law, and in Anti- 
gua any man may choose wether or not he will pay his debt, 
tho' one has his bond or judgement; this may seem strange, 
but 'tis very true, read but the Law, and your Lordshipps will 
see it ; What they call my goeing about to ruine their country 
would be the makeing of it, they would have more goods sent 
them, if a man knew how to come by his owne, after he h&d 
trusted it out : and if the rich did not oppress the poor as they 
do ; a fellow that a few years ago was not worth a groat have- 
ing by wayes and means got into a Plantation and some negroes, 
tyranises over all the poor about him worse than a Bashaw; 
There is one Daniel Mackenin, that 20 years ago was ehyrur- 
geoii to a little merchant ship, has drove off the Island near 
a hundred men, all the land where he lives was inhabited 
by poor people, that live upon some three, some five and some 
ten acres of land, for a little land here will maintaine a poor 
family. I could name you severall instances of the like kind, 
thus the 'poor are droveioff, and the Queen loses sojmany subjects ; 
for they go to the Dutch or Daneish Islands, or to some 
of the little Islands to Leeward, which is the same thing, for 
what they make they sell to the Dutch or Danes ; 'tis the 
intrest of the Brittish Nation that the Islands should be well 
inhabited, and not ingrossed by a few rich men ; all these 
Islands decreases in inhabitants every year, and will do so 
untill the Parliament makes some laws to keep the poor on the 
Islands, and keeps the rich from breeding up their slaves to 
all manner of trades, and from oppressing the poor, and whole- 
some laws to encourage trade by makeing it easy for creditors 
to .come by their debts, and the poor have justice against the 
rich ; it must be the Parliament must do it, for they have 
such laws putts it out of the power of a Governour, except 
he will dispence with their Laws, wch. I shall observe, tho' 
they were worse than they are (which can hardly be). What- 
ever Governour goes about to remedy these abuses, and will hear 
the complaints of the poor against the rich will fall under the 
same fate with myself e, bring a wasp's nest about his oars; 
there are a great many Gentlemen, as all the Councill in 
generall, would gladly make laws to remedy these evills, but 
the Assemblys will not give into it. Your Lordshipps may 
see in the Minutes of the Councill of Antigua how many 



AMERICA AND WEST INDIES. 137 

1708. 



messages I sent with the consent of the Councill to the As- 
sembly to get a wholesome law made for regulateing the Courts 
of Judicature etc., but to no purpose ; my endeavouring both 
publickly and privately to perswade them to make wholesome 
laws, and my endeavouring to prevent a clandestine trade to the 
French, Dutch and Daneish Islands carryed on by the Factors 
here to the prejudice of the merchants in England (for 'tis 
with the effects they ought to send home to their employers that 
they carry on this trade). These, my Lords, I may justly 
say they think are their great greviances whatever else they 
may pretend to, or they had not subscribed such a great summ 
of mony to be disposed off to gett me removed that have done 
no one of them any injury either in their person or estate, 
nor never took any advantage of any masters of ships not 
haveing his register; but on the contrary have to the utmost 
of jny power encouraged all fair traders (tho perhapps Mr. 
Chester may say his sloop that was catched landing of hol- 
lands and other goods was a fair trade). I never spared 
my person any fateigue to do the Islands good, and yett I am' 
complained off, and not paid my sallary for house-rent neither; 
they would neither do that nor give the soldiers quarters except 
I would give away the Queen's negative voice; this was what 
Codrington contrived for me ; if I had betrayed my trust, the 
Queen would have removed me, if. I did not, they would give 
me nc sallary. Signed, Daniel Parke. Endorsed, Becd. 18th, 
Bead 20th Jan., 170f . 6 pp. [C.O. 152, 8. No. 5 ; and 153, 
10. pp. 267-273.] 

Nov. 3. 183. Governor Parke to Mr. Secretary Boyle. Encloses let- 
St. Kitts. ter from Lt. Governor and Council of Antigua and address 
from St. Kitts, by wch. you may see what just cause Col. 
Codrington and his emissarys have to frame articles against 
me. They have raised a great summe to be distributed in order 
to gett me removed, in their cupps they name how much such 
a one is to have and how much another, whose names I durst 
not so much as mention beside a vast quantity of cytron 
water for presents, for my part I could not gett any, Col. 
Codrington had bought it all up in Barbadoes. I don't doubt 
but their articles will prove as falce and scandalous as Mrs. 
Bowden's, in whose petition there was not one word of truth, 
as I have allready proved, and by the next packett will be certefied 
by the Lt. Gover. and Councill of this Island: and yet this 
scandalous petition was read before the Queen and Councill as 
was procured only to throw dyrt: my friend Col. Lillingston, 
who is Mr. Bowden['s] brother, I sopose had read Machiavill, 
both he and Codrington think if they fling dyrt enough some 
will stick. Signed, Daniel Parke. Endorsed, Becd. Mar. 12. 
Holograph. 2 pp. Enclosed, 

183. i. Governor Parke to Mr. Secretary Boyle. Sept. 29, 
1708. Duplicate. 2 pp. 

183. ii. Lt. Governor and Council of Antigua to Governor 
Parke. Aug. 24, 1708. We do not know of any male- 



138 



COLONIAL PAPERS. 



1708. 



Nov. 3. 

Whi 



Nov 8. 

Whitehall. 



administration your Excellency has committed, etc. 
Duplicate. 1 p. 

183. iii. Address of the Lt. Governor and Council of St. 
Kitts to the Queen. Oct. 31, 1708. In praise of Gov- 
ernor Parke, as preceding. We conceive the Ar- 
ticles of complaint against him will be deemed ground- 
less. The malecontents have raised 5000 to be 
disposed of by Mr. Nevin, etc. Signed, Mich. Lambert, 
Hen. Burrell, John Garnett, Steph. Payne. 1| pp. 
[C.O. 152, 42. Nos. 10, 10. i.-iii.] 



184. W. Popple to W. Lowndes. Reply to Oct. 26. The 
itehall. Council of Trade and Plantations are informed the surgeons 
are in hopes the said Gilles' wife may be cured of the cancer 
in her breast in 3 or 4 months time. Proposes that he and 
his family be allowed H.M. bounty in proportion as the other 
Lutherans before their departure. [C.O. 5, 1121. p. 327.] 



185. Council of Trade and Plantations to the Queen. Repre- 
sentation upon Addresses from New Hampshire for a supply 
of arms etc. By reason of the great charges and loss of men 
which the inhabitants have sustained in their necessary defence 
against the frontier Indians, assisted by the French from 
Canada and Port Royal during the late and present war, we 
do believe they are much weaken'd, and reduced to a necessitous 
condition. The Province lying to the sea, and the principal 
settlements thereof being on the Piscataway, a large and navi- 
gable river, (among other advantages in trade) it is so well 
furnished with ship timber of the best sort and largest size, 
that it supplies masts and other materials fit for the use of 
your Majesty's Royal Navy; we are therefore of opinion that all 
due care should be taken, and fitting provision made for the 
security of that Province, which (in regard of the present 
condition of your Majesty's subjects there) will require a supply 
from your Majesty of such stores of war as may be proper for 
their defence. Col. Dudley having omitted to transmit to us 
a state of Ordnance Stores there (for tb.e doing whereof circular 
letters have lately been sent to him, and to the other Governors 
in America) on this occasion we writ to the principal officers 
of your Majesty's Ordnance for an account of what stores of 
war were last issued by them for the use of New Hampshire, 
and when issued, who having made a return, we find that in 
July 1692 a supply of powder and small stores was sent thither 
from that Office, but it does not appear that any cannon or 
small arms were then sent, or that these last mentioned, or any 
other stores of war, have at any time since been issued for 
the use of that particular Province; however supplies of Ord- 
nance stores having at several times been sent to the Massa- 
chusetts Bay (as the said Principal Officers do alledge), the 
Province of New Hampshire might upon any exigency have 
been supply'd from thence. Refer to Col. Romer's report (See 
Any. 24, 1708.) We humbly offer that a further suply of ord- 



AMERICA AND WEST INDIES. 139 

1708. 

nance stores as mentioned [Aug. 24] may be sent to New 
Hampshire etc., and consigned to the Governor, with a strict 
charge that the same be not issued but as the necessary defence 
of the inhabitants shall require, and that regular accounts of 
the expenditure and remain of all such stores be taken and 
transmitted hither in such manner as by his Instructions and 
the said circular letter is directed. Your Majesty's Fort William 
and Mary (first raised by Col. Eomer, and near finished by 
him when recall 'd) is the most considerable place of strength 
in that Province, which he then offered to have finished for 
100, most of the materials being upon the spot, and he 
computes that the said Fort, as likewise barracks, a guardhouse, 
and what else is necessary, may now be finish'd for 200 sterl., 
amounting to about 320 currant money of that country. Where- 
fore, if your Majesty shall be further graciously pleased to 
extend your Eoyal bounty to that Province in granting 200 
sterl. for the finishing the said works (a charge, as we are 
informed, too great for the inhabitants under their present 
circumstances) we are then humbly of the opinion that directions 
be sent to the Governor to exhort them to provide for a suf- 
ficient guard to be regularly kept in the said fort, and to 
take care that their powder-duty be duly paid in kind. It is 
proposed by their Agent that (1) 200 disciplined men be sent 
from hence to do duty in that fort ; (2) that a fourth-rate man 
of war be appointed for the service of that Province, with orders 
to cruize off the Eastern coast ; (3) that packet-boats be set 
up for the use of the Continent, in like manner as they now 
are for the Islands in America. But we shall forbear to 
to trouble your Majesty upon those matters, what we have 
already offered, with the ships of war usually appointed for the 
service; of those parts, being, as we hope, sufficient for the 
security of that Province, and to protect the inhabitants while 
they are at work in the woods, especially if your Majesty's 
Governor of New York do take effectual . care to support and 
encourage the Five Indian Nations subject to your Majesty, 
as by his Instructions he is required to do. As to the claim! 
made by Thos. Allen to the Propriety of New Hampshire, men- 
tioned in the other Address from that Province, that matter 
now depending before your Majesty in Council (upon an appeal 
brought by the said Allen) will be laid fully before your 
Majesty in a report from the Committee of Council appointed 
to hear the said appeal ; therefore we shall not presume to offer 
anything therein. Annexed, 

185. i. Duplicates of enclosures, Aug. 24, 1708. [C.O. 5, 
913. pp. 9-20.] 

Nov. 9. 186. Council of Trade and Plantations to the Earl of Sun- 
.Whitehall. derland. Reply to Nov. 2. We have the matters referred to 
by Col. Jennings under consideration, in order to our pro- 
posing remedies for prevention of such mischeifs for the future. 
As to Col. Parke's complaint of an illegal trade from Ireland 
and Barbadoes to Martinico, we refer to our letter of Oc,t. 



140 COLONIAL PAPERS. 

1708. 

26. Enclose extract of letter from "Col. Jennings, relating 
to a murder committed in New Kent County, whereby your 
Lordship will perceive- that the person condemn'd is a fitting 
object of H.M. mercy, and therefore we desire your Lordship 
will please to lay that matter before H.M. [(7.0. 5, 1262. 
pp. 316, 317.] 

[Nov. 9th.] 187. Some Merchants of Nevis to their Correspondent in 
ftevis. London. Wee lay before you the prosseedings of our Councill 
and Assembly, that you may plainly see what sinister ways and 
means they take to resetle the Island again, etc. All their 
publique meetings has cheifly tended to make acts for puting 
a stop to the due currancy of the Law, without any exceptions 
of poor or rich, that they may have time to recrute their estates, 
without any regard to us here, that were fellow sufferers with 
them. Wee have laboured under great dificulties in oposition 
to their passing their Act. H.E. has a great regard for the 
merchants' interest boath at home and here; he will not pass 
any of their Acts, notwithstanding he intends to send them home 
without the broad seale. Affter they made their first Act, 
which the Generall would not pass, Mr. Fowler went up to 
Aritegua with a petition to the Generall; H.E. very readily 
granted a Commission for houlding the Courts, notwithstanding 
the Councill and Assembly put a stop to \Jbhat] proseeding, and 
sent Mr. Bevon, Mr. Goar, Sp., and James Symonds with an 
Address to the Generall [/or] stoping the law. This put a 
demur till the Generall came down [to] St. Christophers, and 
then wee proferd another petition, which went down by Dr. 
Semple : the Generall on sight of the petition promised to come 
up himselfe and compose matters between planters and mer- 
chants, which in two days he did. At his coming up, the 
Councill and Assembly mett, the Generall entered some Minnats 
in the Councill Book with his own hand, that a bill should be 
prepared by a Commity of two of the Councill and four of the 
Assembly, and the [? same] number of merchants. The bill 
was to oblige planters to ajust with and give bond for what 
was justlj due those that were not able to make prompt payment, 
a time should be allowed them, and those that were able and 
not willing, [the] Law should proseed against them, and that all 
debits contracted since our misfortune shou'd be payd. The 
Generall had a conference of the Councill and Assembly and 
merchants in the Councill Chamber, and made the above pro- 
posals, which the Councill and Speaker agreed to, but as soon 
as the Generall was gone, they prepared this bill. We heard 
Coll. Abbott and Thomas Bridgwatter and Mr. Horn was goeing 
down with the bill to gett the broad seale to itt ; Mr. Huffam, 
Mr. Washington, and Dr. Semple went downe before, and ac- 
quainted the Generall with their bill and left some proposals withi 
him, which he aproved of, and when Col. Abbot shoud the 
bill, the Generall altogither refused to pass any such bill, and 
dd. to Coll. Abbot the proposalls left with him, and signed the 
same, and told him he would pass no other Act, but what was 



AMERICA AND WEST INDIES. 



141 



1708. 



Nov. 9. 



Nov 10. 

Whitehall. 



Nov. 11. 

Whitehall. 



Nov. 12. 

Whitehall. 



agreeable to the proposalls. The publication ["? is~\ up for hold- 
ing the Courts, but it's so late in the year the Generall thinks 
itt conveniant to pass it over till the Spring, and then intends 
the Courts shall be open. In the [? meantime the] planters are 
using all their interest both here and in England to gett an 
Act past [? for put]ting a stop to the Law for some time, till 
they can think of some more effectuall means either to make 
former debts altogether voyd, or downright to defraud their 
creditors by private conveyances of their estates to their re- 
lations, or one to another, and they to make itt over to their 
children again; and all this is acted through a pretence of 
poverty; ther is some of them will not stand to say they are 
in a better condition then before the misfortune. Wee hope 
you will use your uttmost endeavours that the Law may have its 
due currancy, and that the Courts may be open in the Spring, 
that we may be able to oblige them to ajust accompts, etc. 
Signed, Samuel Browne, Chas. Minors, [?] Geo. Meriwether, 
Tho. Washington, Will. Semple. Endorsed, Eecd. (from Mr. 
Duport, Mr. Pindar, etc.} 9th, Bead 9th, 22nd Nov., 1708. 
2| pp. [C.O. 152, 7. No. 60.] 

188. Copy of an Act of Nevis to oblige the inhabitants who 
shall refuse to settle their accounts, etc. ; with proceedings re- 
lating to the opposition against passing the same ; and copy of 
a Bill for stopping the further proceeding's of the Courts of 
Queen's Bench, Common Pleas and Exchequer, and for es- 
tablishing a Court Merchant, etc. Endorsed as preceding. 10 
pp. [C.O. 152, 7. No. 61.] 

189. Council of Trade and Plantations to the Lords Pro- 
prietors of Carolina. Having received a complaint from Col. 
Jennings, that the Government of South Carolina has lately 
seized divers goods which the Indian traders of Virginia were 
carrying to the Western Indians, to the great disturbance and 
interruption of that trade ; we have thought it convenient to 
acquaint your Lordships therewith, and to desire we may know 
whether the same has been done by vertue of any orders from 
your Lordships, and upon what grounds. [C.O. 5, 1292. p. 
69.] 

190. Mr. Popple to Richard Savage. Encloses extract from 
Governor Seymour's letter [June 23] , proposing a method for 
preventing illegal trade in Maryland, to be laid before H.M. 
Commissioners of Customs. [C.O. 5, 727. pp. 95, 96.] 

191. Council of Trade and Plantations to the Earl of Sun- 
derland. Communicate Governor Parke's complaints as to the 
absenteeism of officers, the difficulty of quartering soldiers, and 
their pay. Having discoursed with Mr. Logan, a person who is 
appointed to pay the subsistance money to such officers only 
as are imployed in raising recruits here for that Regiment, 
we do find that several of the said officers have continued here, 



142 COLONIAL PAPEES. 

, 1708. 

that Major Aldy has stayed under a pretence of having the 
officers of the Regiment's accompts to adjust; that two others 
are but lately gone from hence with twelve recruits to Bristoll, 
in order to their embarkation for the Leeward Islands ; that one 
Holland, another officer has likewise got twelve recruits, which 
with those aforementioned are to be made up 30, the number 
wanting to compleat the regiment, and that so soon as they 
shall be raised, they will also be sent to the said Islands ; that 
Lieut Akins cannot go over being ill of a hurt received from 
a fall : and that there are also here Mr. Mackenzy and Mr. Jones, 
who are under age. We have also discoursed with Mr. Thurston, 
formerly Agent to the said Regiment, touching the pay of the 
officers and soldiers thereof, and are informed by him they were 
paid their full subsistence to Michaelmas, 1707, and no further, 
as he knows of; that one reason of their not being more regu- 
larly paid, does proceed from some misunderstandings among the 
officers, who neglect to send home muster-rolls, and that when 
they do send any, they are so imperfect that the Paymaster 
of the forces here does not think proper to pass the same. 
Upon the whole matter, we are of opinion that the defence and 
security of H.M. said Islands in this time of war depending 
in a great measure upon the forces there, it is absolutely, 
requisite for H.M. service that the Officers belonging to the 
said Regiment, who are absent from it, be directed forthwith 
to repair to their respective post in the said Islands, and further, 
that the said Regiment be well armed and duly paid their 
subsistence from time to time for their encouragement and 
better support. [C.O. 153, 10. pp. 212-216.] 

Nov. 13. 192. Governor Parke to the Council of Trade and Plon- 
st. Christophers, tations. I have at last got from the Depty. Navall Officer 
of Nevis the imports and exports from my arrivall to my 
Governmt. to Oct. 25, 1708. I shall take what care possible 
that hereafter they may be regularly sent; tho during the warr 
'tis allmost impossible, for sometimes I am without any man 
* of warr on this station, at other times the man of warr is 
three months careening, all that time I am a prisoner at 
some one Island. I have sent your Ldpps. the best acctt. I 
could procure, and duplicates of what negroes have been imported 
by the Company and private traders ; if they are not exactly 
as yr. Ldpps. would have them, 'tis not my fault. I have 
sent them as I could gett them. I beg yr. Ldpps. to consider 
'tis not so easy for me to comply wth. my orders as the other 
Governrs. that have but one Island and all the Officers about 
them ; the Islands of my Govermt. are dispersed ; 'tis 20 leagues 
from Antigua to St. Christophers and some times for 3 or 4 
months I can nither send or hear from Nevis or St. Kitts ; 
if I happen to be at St. Kitts when a packet arrives smd 
I receive any orders from yr. Ldpps. yt. relates to Antigua, 
I must return there before I can answer it ; I have sent the 
Comissarys of each Island's acctt. of all stores, but will order 
others from the time of my arrivall, and will send them as 



AMERICA AND WEST INDIES. 143 

1708. 

soon as they can be got ready; there were few or no armes 
in the publick stores yt. were serviceable when I came, the 
armes I reed, from England I order'd to be distributed where 
I thought most wanted, part to Antigua part to Nevis, and 
part St. Kitts, I designed part for Montserratt; but uppon the 
arrival! of the Regiment on a muster, I found they wanted 1 
above 100 armes, therefore what I had order'd for Montserratt I 
order'd to be delivered to Coll. Jones for the Regiment, who 
has given his receipt for them. Some has been lent to priva- 
teers on condetion to restore them in good order or new ones 
in their room, wch. they at all times have done. I have allso 
order'd to lend the men of warr powder, and sometimes to ye 
privateers, to restore new in the place, wch. I take to be 
a service, for powder and armes will decay, and to lend old 
when it can be spared, to have new restored I think a service. 
This is all I know of the stores, but yr. Ldpps. shall have 
a perticuler acctt. signed by each Comissary. According to 
your Ldpps.' orders, whatever laws are made for the future, 
tho' temporary, shall be sent home. I will take care to observe 
the Instructions reed, by this packett abt. Acts of Parliament 
relating to rice, molassus, the regulating the coin, and for 
that for incourageing Trade and Navigation, tho' the Act for 
ascertaining the vallue of the coin will with a great deal of 
difficulty be put in execution, but as there is an Act of Parliament 
for it, and I have yr. Ldpps.' orders to take care it be ob- 
served, I will see it done, wch. they will call ruining the Islands. 
Just now is arrived a briganteen from Montserrat, the Master 
informes me he found and left a Danish sloop there. I haveing 
sold off all my privateers, they are now in no danger ; there 
is no help for it, except there was a new Governor and a 
new" Collector, and a sloop to cruise constantly to look after 
them. Signed, Daniel Parke. Endorsed, Reed. 18th, Read 
24th Jan., 170 f. Holograph. 4 pp. 
Enclosed, 
192. i. Account of negroes imported to Mountseratt, June 

24, 1698 Dec. 25, 1707. (1) By the Royal African 

Company: 599. (2) By private adventurers : 1604. 

Same endorsement. 1 p. [C.O. 152, 8. Nos. 6, 6.i. ; 

and (without enclosure) 153, 10. pp. 274-277.] 

Nov u 14. 193. Governor Parke to the Council of Trade and Plan- 
st. Christophers, tations. I give your Lordshipps ten thousand thanks for sending 
me those complaints to answer that came from Antigua; As to 
what relates to the Regiment, I call'd all the Officers that were 
here (wch. are the better halfe, and who were all at Antigua) 
before the Councill and read your Lordshipps' letter to them ; 
and here is their answer upon oath. Lt. Col. Floyer is just 
gone for England, your Lordshipps may take his oath there 
and Lt. Sherrard's, which] I take will be very well worth your 
Lordshipps' examineation, for Lt. Sherrard was the Officer that 
commanded the soldiers that were put on board the tradeing 
sloop. As they insinuate, the sloop was mine. I bought her 



144 COLONIAL PAPEBS. 

1708. 

when there was no man of warr on the station, not for trade, 
for she never did anything but saile from Island to Island 
to bring me intelligence and carry orders, and for this service 
I kept her and for saylors at my owne charge for 10 months, 
and to my 'knowledge never carryed any sort of goods for trade; 
there never was any soldiers in her but once, and that was 
to prevent an Irish Papist from carrying in a Danes' sloop 
about 40 negroes to the French, bought of Mr. Chester, the 
Company's Agent. Yett notwithstanding all my care, they were 
landed at Montserrat and afterward carryed to Guardaloupe, 
for my privateer took some of those very negroes from the 
French off Guardaloupa some time after ; this trade it seems 
for negroes and beef has been all along carryed on. I found 
it out by accident ; I hapened to see a sloop in a by place, 
I sent to know what she was, they brought me word she was 
a Dane, I went to towne and sent for the Collector, and bid 
him send on board, wch. he did and found severall chests and 
hhds., but all empty; she came next day into St. Johns Harbour, 
and one Mr. Blake, and one French, both Irish Catholicks, in 
'Tier ; the Company had a sloop just arrived wth. negroes ; 
I presently imagined they designed to carry them to the French, 
whereupon I order'd Lt. Sherrard to put 20 soldiers on board 
my little sloop, and attend the Daneish sloop, and us she 
went out to search her ; this was not done so privately but 
Blake came to know it, and came to me and offered rne a 1 
bribe to lett the Daneish sloop carry off the negroes. I used 
him as he deserved, and away he went and hired a sloop <to 
carry them to Montserratt, and from thence the Daneish sloop 
carryed them to Guardaloupe. Lt. Sherrard went after them, 
but they gott away ; this is my sending the soldiers in tradeing 
sloops. If the Queen would keep a sloop on purpose, 'twould 
be of greater consequence to prevent that trade, then the man 
of warr. Lt. Sherrard can also informe your Lordshipps what 
large offers Blake desired him to make me, if I would suffer 
the Daneish sloops to come and go quietly. I did prevent 
them whilst I had privateers, but since I sold them, I hear 
they are as frequently at Montserrat as before. 

As to the other part of the Antigua complaint that I dissolv'd 
the Assembly after sitting 3 dayes because they addressed me 
about takeing possession with soldiers of a poor woman's house, 
is every part of it false. Refers to Minutes of Council. I never 
took possession of any house or land, nor did I ever pretend 
to any house or foot of land (but what I hyre) in my whole 
Government; Your Lordshipps order [s] me to suffer everybody 
to come and make out their complaints before the Councill. 
I should take it well of them if they would do so, for then 
I could send my answers with the complaint ; this I offer'd 
the malecontents and Nevin, but they knew that would not 
answer their end, for I am very sure they can have no complaint 
that will bear an examineation ; they onely designe by them 
to make a clamour, and by that means give some great person 
a pretence to get me removed, and they have raised 5000 



AMERICA AND WEST INDIES. 145 

1708. 

to engage some one or more to do it ; Lillingstone expected the 
same ; he expected so many villanous things laid to my charge 
would have turn'd me out presently, and truely had any one 
part of Bowdon's petition been true, I had deserved not onely 
to be turn'd out but hanged. Whilst the Lords Committee 
for Trade are such men as your Lordshipps, I shall not doubt 
of jhaving justice done me, and I have a better opinion of 
all concern'd in the Ministry to beleive any of them capable 
of doeing me an injustice for any sumrn of rnony whatsoever, 
tho' they give it out if the 5000 they have raised will not 
be enough, they will raise 10,000 more; and 'twould 'be worth 
their while, if they could be sure th,e next that comes in my 
post would wink at their clandestine trade; for except Mr. 
Norwood and Mr. Helden, that I put in, all the other Custome 
house officers are inhabitants; should 'they do their duty as 
they ought, the 4^ p.c. would raise the Queen 1000 per annum 
more than it does, and to convince you what I say is true, I 
will farme that Revenue and give 1000 per annum more than 
it has made for this 3 yeare past, wch 1 . is very considerable, 
in so small a revenue, let me have the putting in all the 
officers. There is but one man does his duty, that is Mr. 
Buckeridge, and him they mortally hate for no other reason, the 
Commissr. of the Customes here, one Edward Perrie, suspended 
him twice on very frevilous pretences ; and in all cases relate - 
ing to the Queen's Revenue he appears for the unfair merchant 
rather than for the Queen; the officers for the Revenue iof 
4-g- p.c. should be all strangers and removed every three or 
four yeares, for when they come to be inhabitants, they durst 
not do their duty ; The same packet that brings my letters and 
orders, brings the same to some of the inhabitants; how they 
come by their intelligence I know not ; there may be occasion 
to send me such Instructions as ought not to be knowne, at 
least untill they are to be put into execution; my order about 
my house rent and other Instructions since were told me by 
the People before I had it from your Lordshipps. I dare say 
your Lordshipps designed that I should receive what was then 
due to me when that order camel; I wish the Queen would add 
the 400 sterl. to my sallary and not suffer me to take anything 
here ; whoever comes, they may pay him the first yeare as they 
did me (tho' so as it did me little good), but if they pay it 
him the next yeare, he must be both perjured and betray his 
trust ; if 'tis my fortune to stay here seven yeares, I expect 
not one farthing allowed me for house rent; this is worth your 
Lordshipps' consideration. Signed, Daniel Parke. Endorsed, 
Reed 18th, Read 21st Jan., 170f. 4 pp. Enclosed, 

193. i. Testimonial of the Officers of the Regiment in the 
Leeward Islands in favour of Governor Parke. St. 
Kitts, Nov. 13, 1708. He has used them civilly, es- 
tablished an hospital in Antigua for sick soldiers, wch. 
never was done before, etc. ; he has offered to be 
security for the subsistence of the soldiers, and offered 
the officers money since Antigua hath taken away the 

Wt. 11522, CP10 



146 COLONIAL PAPERS. 

1708. 

quarters. No soldiers have been employed by him ex- 
cept as stated in preceding. Signed, B. Jorrens, John 
Kent, Peter Buor. Endorsed as preceding. 1 p. 

193. ii. Minutes of Council of St. Kitta, Nov. 12, 1708. The 

above statements were , sworn to by the Officers, etc. 
Same endorsement. 2 pp. \C.O. 152, 8. Nos. 7, 
7. i.,ii. ; and (without enclosures) 153, 10. pp. 278- 
284.] 

Nov. 14. 194. Governor Parke to the Council of Trade and Plan- 
st. Christophers, tations. Refers to enclosure. Mrs. Bowdon seemed a stranger 
to her owne petition, which makes me beleive it was fraimed by 
others,- not herselfe. I can't but think I have ill fortune to 
meet with such useage. I beg that justice from your Lordshipps 
that it may be laid before the Queen and Councill, that I may 
be justified where I was so basely scandilized. Your Lord- 
shipps will find Mr. Nevin's complaint the same when it comes 
to be examined into. I understand they designe to bestow 
the 5000 they have raised, to gett into my post (in case they 
find it hard to gett Col. Codrington restored) one Lt. Col. 
Jones, an Irish Gentleman, he was here in Col. Whetham's 
regiment. I don't doubt your Lordshipps justice, and then I 
need not fear being removed whilst I do my duty. Signed, 
Daniel Parke. Endorsed, Eecd. 18th Jan., Eead 9th Feb., 
170f. 2 pp. Enclosed, 

194. i. Petition of Mary Bowden to the Queen. Duplicate. 
Same endorsement. 2^- pp. 

194. ii. Answer of the Lt. Governor and Council of St. Kitts 
to the complaints of Mrs. Bowden. Oct. 31, 1708, 
Mrs. Bowden and her witnesses Mrs. Margaret Tyson, 
Daniel Burton, Daniel Stoner and Christopher Dean 
were examined after due notice given. Evidence quoted 
on both sides. The Council were of opinion that the 
General had been rather her friend than her oppressor, 
and that the whole of her petition was false and 
scandalous. Signed, Mich. Lambert, Hen. Burrell, John 
Garnett, .Steph. Payne, J. Panton. Same endorsement. 
2 large pp. 

194. iii. List of Mary Bowden's negroes, with her receipt 
for the same. Affidavits by Mich. Lambert, Steph. 
Payne, and Hen. Burrell. Same endorsement. 3 pp. 

194. iv.-viii. Affidavits of Stephen Payne, Rachel Symonds, 
John Helden, Jedidiah Hutchinson, and Thomas Young, 
relating to above case. Same endorsement. 5 pp. [C.O. 

152, 8. Nos. 10, lO.i.-viii. ; and (without enclosures) 

153, 10. pp. 301, 302.] 

Nov. 15. 195. Major Lloyd to the Council of Trade and Plantations. 

St. John's. In my last by ye Warwick and Valleur men of warr, I forgott 
to inform yr. Lordshipps of ye death of Mr. Tho. Adams, 
surgeon to this Independent Company. I have commissionate 
Mr. Wm. Chalmers, a surgeon, till H.M. pleasure be further 



AMEKICA AND WEST INDIES. 147 

1708. 

known, etc. Upon examination since ye departure of ye ffleet, 
I find about 700 men to inhabit here under ye covert of ye 
fforts in St. Johns, and all things in so good posture yt. I 
doe not apprehend any danger for tihis winter. The French has 
returned us 26 prisoners being ye crews of two English mer- 
chts. shipps taken by a French man of warr belonging to Port 
Eoyall; off wch. ye enclosed acct. from Capt. Jno. Woodward, 
one of ye sd. prisoners, will better informe yr. Ldpps., as 
alsoe of ye condition of ye enemy att Placentia, etc. This comes 
by a vessell bound for Oporto ; butt another being to sayle 
hence in 8 days dyrect for England, I shall enlarge more on all 
matters by that, etc. 

P.S. I humbly crave yr. Ldpps.' excuse for ye enclosed, 
wch. I have presumed to send under ye protection of ye covert. 
Signed, Tho. Lloyd. Endorsed, Becd. Bead 19th Jan. 170|. 1 
pp. Enclosed, 

195. i. M. de Costebelle to Commodore Mitchell. Acknowledges 
receipt of French prisoners and returns some English. 
I am sure you have no share in what your corsairs do 
contrary to the laws of humanity, when their brutality 
falls upon women and children, etc. Plaisance. Oct. 
18, 1708. Signed, De Costebelle. Endorsed as pre- 
ceding. French. 2 pp. 

195. ii. An Account of the state of the French' at Placentia. 
29 guns and 2 mortars in the Fort. At present fortified 
with pallasadoes and wet moat, but \_they~\ have ad- 
vanced a new wall of stone from the foot of the Castle 
Hill to about 30 yards in length, etc., which if per- 
fected will render the place very strong. At present 
it seems weak. About 150 soldiers and 200 inhabitants, 
etc. Signed, John Woodwad. Same endorsement. 2 pp. 
[C.O. 194, 4. Nos. 82, 82.i.,ii. ; and (without en- 
closures) 195, 5. pp. 76, 77.] 

[Nov 17.] 196. An explanatory supplement to Capt. Vetch's proposal 
for an attack upon Quebec and Montreal, (See July 27, 1708), 
together with a scheme for raising the two new battalions 
required, etc. Proposals for their equipment. A packet-boat 
to be despatched with orders to New England, New Hampshire 
and Rhode Island to have 1000 of their best disciplined men and 
officers, with 3 months' provision, transports and pilots, with 
10 flat-bottomed boats that will carry 60 men each to go along 
with the transports, those all to be ready about the end of 
April to embark, upon two days advertisement; and when the 
expedition from hence is just ready to sail, let one of the 
frigats be dispatched to make the best of her way to Boston, 
with orders for the said troops to embark with all possible 
expedition, and go under convoy of the said frigat, and those 
that attend that Government, directly to Piscaitaqua, there to 
meet the fleet from England, whose orders must be to go 
directly thither. Whereas the New England men's arms are 
generaly of different bore and sise, so that it will be impossible 



148 COLONIAL PAPERS. 

1708. 

they can safely be ventured with upon service, it will be abso- 
lutely necessary the Crown send them 1200 good uniform arms 
from the Tower, with flints and ammunition conforme. The 
Governments of New York, Connecticut, Jerseys and Pensil- 
vania must be ordred att the same time to have their severall 
proportions of men ready by the end of Aprill, to be att Albany, 
ready to march from thence, upon two days warning. The 
proportions of these Governments to make up 1200 men, besides 
the regular troops (of which 2 and 300 may be spared from 
New York) will be New York, 550 ; Connecticut, 350 ; the Jerseys, 
200; and Pensilvania, 100, each Government furnishing their 
men with 6 weeks' provisions att first, which they can "doe 
easily from Albany, where it is cheapest to be had in all the 
Continent, while the Governor of New York shall be ordred 
to give directions to the Commissioners for the Indian Affairs 
att Albany to contract with our Five Nations, to make as many 
canoes as will be requisite, and to engage them heartily to 
join in the sd. undertaking, which lys much, in Col. Schyler's 
power to doe ; and because the foresayd number of country! 
troops will labour under the same difficulty as to arms, it will 
be necessary that the Governor of New York be directed to 
lend them out of the magazine as many as can be spared 
to such as have not arms of the same calibre with the regular 
troops. The person fittest to command thiss land expedition 
is Mr. Ingoldsby, and next to him, Col. Schyler, upon whom the 
Country arid Five Nations have a great dependance. The above 
expedition, being ordred to sett out from Albany att the same 
time the fleet does from Piscataqua, will be able to be full 
as soon att Montreal, as they can be att Quibeck, and as 
they cannott be reduced to any straits having one of the most 
plentifull countrys in the world behind them, from whence they 
can almost weekly be supplyed with provisions and other neces- 
sarys by water, excepting a carying place of 10 miles from! 
Suratoga, to the wood creek, where they can rise houses ; as 
they can hardly fail of taking Montreal (which hath nothing 
to defend it but palisadoes, which can easily be burnt by pitched 
faggots, which that country will afford in plenty) or att least 
makeing such a diversion as the sea expedition cannott fail 
of carying Quibeck, which being done they will soon by sending 
up the river 6 or 700 men and some small guns, to attacque 
Montreal in concert with the land forces cary the same. .But 
that there may be no misunderstanding about command, it will 
be requisite that he who commands the troops from hence, 
shall have the cheif command of all ; and nixt to him every 
officer conform to the Commission he bears ; and the date of 
the same ; thiss is to be understood of the regular troops ; the 
other to be so intermixt upon command with them, that there 
shall be always one officer of the same quality of the regular 
troops with those of the Country ; by whom they will never 
grudge to be commanded. The fleet att Piscataqua with the first 
fair wind must make the best of their way to Quibeck; but 
there being two different commands, of the sea and land, the 



AMERICA AND WEST INDIES. 149 

1708. 

want of adjusting which hathi often occasioned the miscariage 
of the undertaking ; therefore, it will be requisite to have the 
matter so . clearly setled before their go'ing from hence. The 
Generall of this expedition should have the sole power, as soon 
as they come into the Eiver of Canada, to detach or send 
before such sloops or vessels as he shall see fitt, to cutt of thie, 
communication of the Isle of Orleans, to send ashoar partys 
where and when he shall judge it convenient, and as soon 
as they come to ane anchor, to command ashoar such men and 
stores as he shall find necisary, etc. Which things being well 
concerted, there is no doubt of good success, for the town 
lying upon a point, by landing some forces above it, and some 
below it, who can easily make a communication togither, quite 
across the Isthmus, so as to cutt of all their correspondence by 
land, while the ships can easily doe the same by sea, it will 
not be verry difficult, by attacqueing it att three different places 
att the same time to carry it without much loss. The which, 
when it pleases god they shall be masters of, it will be necisary 
to send all or att least by much the greatest number of the 
inhabitants in their own small barks to Martinico, which will 
mightily incomode that place, where provisions are so verry 
scarse: the souldiers may be sent home to England, but theirs 
and the greatest part of the inhabitants being removed from 
thence is absolutely necisary, as well for the security of our 
own people, in case of ane attempt from France to recover, 
it, as to make the natives come over intirely to the intrest and 
obedience of the Crown. And as it is not to be doubted but 
the French King will make strong efforts to recover his footing 
upon the Continent of America again, so it will be absolutely 
necisary that there be a sufficient force left to garison 'ihose 
places, who ly att so great a distance from receiving any 
reinforcement from hence or elsewhere, so that it will be requisite 
there be 700 regular troops left to garison Quib'eck, 200 at 
Trois Eivier, who upon any emergency can in two or three 
days time j'oyn them of Quibeck; 300 att Montreal, to keep the 
natives thereabouts in obedience to the Crown, having no other 
enimy to fear, having Albaaiy to behind them ; 200 at Placentia,, 
when reduced, 200 att Port Royal, which being contiguous to 
New England; can be assisted from thence upon occasion either 
by sea or land. And to make it clearly appear that the men 
proposed to be furnished by the several Governments there, 
will not only be soon gott in a readiness, but is farr from 
being a hardship upon them, it being what they have pressed 
and wished for these many years, besides that most of them, 
excepting Jerseys and Pensylvania, (who may the better furnish 
now, that they have so long bein exempted) keep as many 
troops in pay at thiss present time ; for New York sends up 
generaly evry fall near 300 men to reinforce the garison att 
Albany, who continue there untill the latter end of March, 
besides a company of bushlopers, who are about 40, with a 
Capt., two Lieuts., evry sentinel of which hath 3.5. per diem, 
because of the severity of their duty, they being oblidged to ly 



150 COLONIAL PAPERS. 

1708. 

all winter as scouts upon the Lake side to observe the motions 
of the enimy ; so that these two are yearly more then thiss will 
be, which if successfull, will ease them for ever ; nixt Conecti- 
cout have constantly 300 men upon their frontiers att least, and 
New England above the number they are to furnish in constant 
pay, and are now without doubt double what they use to be, 
for by our last advices from Boston, Aug. 25, they had accounts 
from Albany that the French and Indians from Montreal to 
the number of 800, were preparing to cross the Lake, in order 
to attacque some of their frontier towns, so that all their frontiers 
were in arms, and must continue so all winter, so that if 
the Governmt. sends them orders as proposed, they vvill find 
them with the most part, if not all the troops in readyness etc. 
Proposes that 30 good Serjeants be sent over to discipline 
the companies. Scheme for raising the two regiments proposed 
for the expedition. Endorsed, Eecd. Bead Nov. 17, 1708. 3f 
pp. [C.O. 323, 6. No: 71; and 324, 9. pp. 255-266.] 

Nov. 18. 197. Governor Seymour to the Council of Trade and Plan- 
Maryland, tations. I have your commands of Aprill 15th, which came 
to hand by a chance sloope from Barbados, but not untill 
Oct. 13, by which your Lordships may perceive how tedious and 
uncertain that conveyance is ; and therefore have not the least 
apprehensions your Lordships justice will impute any neglect 
to me ; since in obedience thereto I imediately made the best 
inquiry I could, what numbers of negro's have been supplyd 
to this H.M. Province by the Royall Affrican Company, or by 
the seperate traders who pay the 10 p.c. since June 24, 1698, 
and by the list inclosed, which is as exact as the speedy 
dispatch of this answer would admitt, your Lordships will find 
the Royall Affrican Company have not supplyd one negro to 
this Province during that tyme ; nor can I, on enquiry of 
above 20 years last past, heare of any ship belonging to the 
Company that has come hither ; but wee have been wholy 
supply'd by the separate traders, as your Lordships may per- 
ceive, (tho' by the death and removeall of severall officers of the 
Customes here, I cannot learne the owners or importers, further 
than the names of the severall shipps and commanders, yet 
am satisfied they were exclusive of the Royall Affrican Company. 
And these negro's have been sold for Bills of Exchange payable 
in London, generally men at 30 sterl. per head, and women 
at 5 and 6 and 20 pounds. I have pursuant to your Lordships' 
directions discourst many of the principall planters here, by 
whom I am inform'd that before 1698 this province has been 
supply'd by some small quantitys of negro's from Barbados 
and other H.M. Islands and Plantations, as Jamaica and New 
England, 7, 8, 9 or 10 in a sloope, and sometymes larger 
quantitys, and sometymes, tho' very seldome, whole ship loads 
of slaves have been brought here directly from Affrica by 
interlopers, or such as have had lycences or otherwise traded 
there. At present the trade seems to run high, there having 
been between 6 and 700 negro's imported hither this yeare, 



AMERICA AND WEST INDIES. 



151 



1708. 

1708, and ye Planters owne themselves obliged to the separate 
traders for these supplys having never had any from the Com- 
pany, and now the price of negro's begins to abate as wee 
suppose by reason of the plentifull importation by ye seperate 
traders, so that 'tis the opinion of most here, should the seperate 
traders be totally excluded, the Company would take no better 
care to supply them with slaves than they have formerly done, 
which would not only be a great detriment to the planters, 
but also to H.M. Revenue of so valuable Customes on tobaccos. 
As to shipping belonging to this Country and imploy'd to the 
coast of Affrica at present, I cannot learne of any, nor above 
2 or 3 persons concern'd therein with ye merchts. in London. 
I humbly begg your Lordships' pardon that the account of 
negros has not been transmitted, which being interwoven withj 
the encouragemt. and protection I am eejoyned to give the 
Royali Affrican Company made me mistake to be intended of 
those to be supply'd by them only. And to convince your 
Lordships of my future exact comply ance with commands I 
esteeme so sacred, have sent you a list of those imported 
this year, etc. Signed, Jo. Seymour. Endorsed, Reed, llth 
May, Read July 18, 1709. 3 pp. Enclosed, 

197. i. List of negroes imported into Maryland, Midsummer 
1698 Xtmas, 1707. Total, 2290. Same endorsement. 
I p. 

197. ii. List of negroes imported into Maryland Dec. 25, 
17071708. Total, 648. Same endorsement. 1 p. 
[C.O. 5, 716. Nos. 66, 66.i.,ii. ; and (without enclos- 
ures) 5, 727. pp. 121-125.] 

Nov. 20. 198. H.M. Warrants for John Richardson and Michael Smithi 
St. James's, to be of the Council of Nevis. Countersigned, Sunderland. 
[C.O 5, 210. p. 123.] 

Nov. 20. 199. H.M. Warrant for John Burryan to be of the Council of 
St. James's. St. Kitts. Countersigned, Sunderland. [C.O. 5, 210. p. 123.] 

Nov. 22. " 2OO. Council of Trade and Plantations to the Queen. Recom- 

Whitehall. mend Francis Phips for the Council of St. Kitts in place of 

Col. Crisp, deed. ; and Wm. Byam for the Council of Antigua, 

in place of Barry Tankard, recommended to be dismissed for 

neglecting to attend. [C.O. 153, 10. pp. 219, 220.] 

[Nov. 22.] 2O1. Sir John Bennet to Mr. Popple. Desires copies of 
papers, in order to the vindication of Lt. Governor Bennet 
from Mr. Jones' complaints, etc. Endorsed, Reed., Read Nov. 
22, 1708. li pp. [C.O. 37, 8. No. 72.] 

Nov. 23. 202. Governor Handasyd to the Council of Trade and Plan- 
Jamaica. tations. The packett boat returning into port after she had 
been at sea near a month in her way home 1 , I take this oppor- 
tunity to give you an account of what has happen'd since 
mine by the same boat. I acquainted your Lops, of the seizure 



152 COLONIAL PAPEBS. 

1708. 

of a brigantme by the Navall Officer, for which there is a 
suit now commenced against him at Common Law by one of 
the Councill, Col. Thompson: I desire to know what methods 
I shall take in this and the like cases, Where prizes are brought 
in by our vessells without commission or letter of marque, 
and where any vessells from another port or place, that have 
sold their prizes bring in the hostages, that I may prevent 
such practices, which if continued, will be great encourage- 
ments to piracy: I am told it is likewise a custom among our 
privateers, after they have plunder'd the prizes they take, to 
put the prisoners ashore and sink the vessells without bringing 
in any of the prisoners to condemn them, by which means the 
Lord High Admirall is deprived of his tenths. Two or three 
days ago came in a privateer ship and sloop that took off 
the Havanna a barco longo, with betwixt 30,000 and 40,000 
in coined and uncoined gold and silver, as I am informed: 
at the same time they very narrowly missed of a brigantine, 
that, had on board near two millions of mony, which was oc- 
casioned by the brigantine's having our privateer's signall from 
a long boat she had taken a little before. All other matters 
are the same as in my last. We had an earthquake two nights 
ago but has done no damage that I hear of. Signed, Tito* 
Handasyd. Endorsed, Reed. Jan. 19, Read Feb. 23, 170f. 2 yp- 
[C.O. 137, 8. No. 28; and 138, 12. pp. 361, 362.] 

'Nov. 23. 203. Council of Trade and Plantations to the Queen. Repeat 

Whitehall, arguments against the Act of Maryland (1707) empowering the 

fanners of Lord Baltimore's rents to recover arrears etc., and 

recommend its repeal. [Cf. Feb. 20, 1708.] [C.O. 5, 727. 

pp. 96-98.] 

Nov. 24. 204. Loque yo tengo que proponer Alxa. Es nego cio de 
gran considerazioni mucho utilpa. estereino isin Acerg'astos. 
Es enla America en los dommios de Portugal. Pa. este ofecto 

Si declarare Lafor ma por escrito con las circustancias necesarias. 
as es menes terque Ixa (?) ia que Ami nome permita la iionra 
de ablar le sesirua de ablar Ahora. A Mer. Jones puis nosiendoasi 
no po dre io A9er los papeles Alxa. cuia pa. g. dsm. a. En- 
dorsed, Mattamoro, etc. Portuguese. f p. [C.O. 318, 3. 
No. 36.] 

Nov. 25. 205. Order of Queen in Council. The Board of Ordnance 

St. James's, are to make an estimate of the charge of the ordnance stores 

proposed for New Hampshire, Nov. 8. Endorsed, Reed., Read 

Dec 20, 1708. 1 pp. [C.O. 5, 865. No. 7; and 5, 913. 

p. 36.] 

Nov. 25. 206. Order of Queen in Council. Francis Phips is ap- 

St. James's, pointed to the Council of St. Kitts. Cf. Nov. 22. Signed, 

William Blathwayt. Endorsed, Reed. 15th, Read 17th Jan., 

170&. H pp. [C.O. 152, 8. No. 4; and 153, 10. pp. 

263, 264.] 



AMEKICA AND WEST INDIES. 



153 



1708. 

,Nov. 25. 2O7. Order of Queen in Council. Barry Tankard is removed 
St. James's, from the Council of Antegoa, and William Byam appointed 
in his place. Cf. Nov. 22. Signed and endorsed as pre- 
ceding. If pp. [C.O. 152, 8. No. 4.A. ; and 153, .10. pp. 
264, 265.] 

Nov. 25. 2O8. Council of Trade and Plantations to Governor Handasyd. 

Whitehall. Since our letter of Aug. 25, a duplicate whereof is here en- 
closed, we have received yours of July 20, 1708. You have 
not yet fully answer'd the question we asked you, March 26th 
last, relating to 6 ships of war you had proposed for Jamaica. 
What we desire to know is whether you mean 6 ships over and 
above the squadron which is annually appointed to attend your 
Government. This therefore we expect you will clear, before 
we can proceed any further thereupon. Your answer to what 
we writ you about Counsellors claiming a priviledge of not 
being sued for debts is satisfactory. But if any complaint be 
made in that matter, we shall then more fully consider what 
you have writ thereupon. We expect that by the next packet 
we shall receive from you the account of Negroes we had 
desired, and which you promised. But in case it be not dis- 
patched by that time, we desire you to get it done as soon 
as possible, it being for H.M. service. We are very glad to 
perceive the magazine at Port Royal is in such forwardness as 
you mention, and that your Regiment is so near "being corn- 
pleated. We shall take notice of the good character you give 
Commodore Wager as opportunity offers. But on this occasion 
we must take notice that you have neglected to give us an 
account of the value of the prizes taken by him. H.M. has 
been pleased to appoint Mr. Valentine Mumby a Member of ye 
Councill of Jamaica in the room of Mr. John As cough', aoid 
Mr. Francis Oldfleld standing now the first upon our list we 
shall be mindfull of him upon the first vacancy. We have only 
to add that you have not returned us any answer to the third 
paragraph of our letter of Jan. 29 relating to the transmitting 
us the Journals of the Assembly, which, therefore we do expect. 
[C.O 138, 12. pp. 338, 339.] 

Nov. 25. 209. Council of Trade and Plantations to Governor Parke. 

Whitehall. Acknoiviedge letters of June 21, July 1 and 7th. We have laid 
before H.M. what you write concerning the absence of officers; 
and we doubt not but effectual care will be taken to prevent 
their leaving their posts for the future. When the Minutes of 
Antigoa and Mountserrat arrive, we will consider the same. 
In the meantime we must take notice that you have done well 
in not passing the Bill proposed by the Assembly of Antigoa, 
and in pursuing your Instructions in that matter, as well as 
in supporting the rights of the Crown. As to what you write 
in relation to the augmenting your salary, we do not think it 
proper for us to propose any alteration therein. We cannot 
doubt but your services will so recommend you to the respective 
Assemblys of each Island, that as their circumstances will 



154 COLONIAL PAPERS. 

1708. 

admit, they will comply with H.M. directions in relation to 
house rent. You may be assured upon all occasions of our 
doing you right, and particularly in case any complaints against 
you do come. We shall not represent you to H.M. as guilty 
till you have had an opportunity of clearing yourself. We 
have represented to H.M. what you write in relation to Mr. 
Barry Tankard, and have offered that Col. Byam be appointed 
of the Council in his stead. But we must take notice that you 
have exceeded your Instructions in swearing Col. Byam into 
the Councill of Antigoa, and Mr. Phips into the Councill of 
St. Christophers, it appearing to us that there were 7 upon each 
Island: for tho' some of the Members be sick and not in a. 
condition to come to the Councill, yet they are to be reputed 
Counsellors till H.M. pleasure be known to the contrary. Be- 
sides we must further take notice that though you have named 
to us persons fit to supply vacancies that may happen in those 
Ciouncills, yet you have put in two Gentlemen not mention'd in 
those lists, which is not riglht, and we hope you will avoid 
it for the future. Mr. Perry the Provost Marshall lias yet 
made no complaint of your having put Mr. Ayon into his place, 
if he do, we shall then consider what you write thereupon. We 
have laid before H.M. what you write in relation to the trade 
carryed on between Ireland and the French Islands in America, 
and we doubt not but effectual care will be taken therein. We 
have also laid before H.M. the Address from yourself, the 
Councill, and Assembly of St. Christophers. We expect the 
account of negroes we had desired from you, which being for 
H.M. service, we doubt not but you will dispatch the same in 
the most speedy and best manner you can. The difficulty you 
find in obtaining duplicates of publick papers from the respective 
offices is such, that we shall be obliged to lay it before H.M. 
But it is necessary that you should first send us a better account 
of the Patent Offices in the Leeward Islands, that is, a list of 
each respective office, held by Patent, with an account of each 1 
respective salary or yearly income, taking notice what deductions 
are made either by allowances to their Deputies, or otherwise. 
In your letter, St. Kitts, July 7, you say that you had endeav- 
oured in vain to get a law passed for holding of Courts, and 
you wonder how their law came to be passed at the Leeward 
Islands and allowed by the Eoyall authority here ; but you 
ought to have given us the title of that law, and to have ac- 
quainted, us in what year it was made. Having considered the 
copy of a Bill you transmitted to us from Nevis, to oblige 
the inhabitants who shall refuse to adjust and settle their 
accounts with their creditors for debts contracted before the 
invasion of 170 f, and having discoursed with the merchants 
trading to that Island, we must observe that there is no destinc- 
tion in the said bill between such as are able and such' as are 
not able to pay their debts contracted before the invasion ; 
whereas those that are not able ought to have time allowed 
them, but those that are able and not willing should be pro- 
ceeded against at law ; and we further observe that since the 



AMERICA AND WEST INDIES. 155 

1708. 

hurricane in that Island, there may have been severall debts 
contracted, which ought not to be upon the same foot with 
those contracted before. Besides the said objections, we find 
that the Bill does in effect shut up the Courts, and stop the 
course of Justice for the space of three years, and in some; 
cases much longer, which is not to be allowed of, and therefore 
you have done well in rejecting the same. But in case it shall 
be thought necessary, you may propose to the Assembly the 
passing of another Bill, that may not be liable to such objections, 
and that may lead to the good as well of the inhabitants and 
planters in the said Island, as of the merchants here. P.S, 
Refer to Orders in Council July llth. [C.O. 153, 10. pp. 
223-227.] 

Nov. 25. 21O. Council of Trade and Plantations to Governor Crowe. 

Whitehall. Acknowledge letters of June 27 and July 3. We will not doubt 
of your care to prevent for the future such omissions in the 
Minutes of Councill, concerning which we writ to you. It 
was great neglect in the Clerk of the Councill, and rendred 
those Minutes of very little use. As to what you write about 
the Spaniards coming to fetch negroes from Barbadoes, we 
have only this to say, that you will do well to give all the 
incouragement possible to frhe negroe trade with the Spaniards, 
having due regard to the Acts of Trade and Navigation, and 
to the particular laws of Barbadoes. Enclose correspondence 
relating to Mr. Pindar's petition for passes for Spanish ships. 
The account you have given us of the Patent Officers does not 
come up fully to what we had desired, and therefore wee expect 
that you give us a perfect list of all patent places, with an 
account of the yearly value, or income, of each place. We 
observe what the Grand Jury says in their Address to you 
relating to the 4^ p.c., upon which we think you ought to 
make application at the proper place in that matter, by the 
Agents of the Island, whose business it is, and then upon your 
giving us an account of their success, we shall doe what will 
be fitting for us therein. You have made us no answer to what 
we writ- March 25, in relation to the powder duty. Nor have 
you taken notice of the receipt of H.M. Order in Councill 
for repealing an Act allowing you 500 for House Bent, which 
you ought to have done, and therefore we expect it from you. 
H.M. has been pleased to appoint Mr. John Hallet to be a 
Member of the Councill of Barbadoes in the room of Mr. Frere 
deed., and the Order will have been sent you by Mr. Hallet's 
friends accordingly. An affidavit of William Bushel and Roger 
Richardson having been laid before us, relating to the said 
Buf-heFs being obliged by you to enter into bond of 500 that 
his ship the Laurel in her voyage from Barbadoes to this 
Kingdom should touch at some of the Leeward Islands, we 
enclose a copy, and expect that you will give us your reasons 
for obliging him to touch there, he not having any business 
there, nor none recommended to him by you for those Islands, 
and why the said bond should not be discharged, if not already 



156 



COLONIAL PAPERS. 



1708. 



Nov. 25. 

St. James's, 



Nov. 25. 



Nov. 26. 

Whitehall. 



Nov. 27. 

Admiralty 
Office. 



Nov. 27. 

Virginia. 



done. Acknowledge letters of Aug. 17 and Sept. 6, touching! 
complaints against you, which are of so very high, a nature 
that we wonder you did not think yourself concern 'd to give 
us an immediate answer to it, since you had notice of the 
complaint 5 days before the date of your last letter and the 
departure of the fleet, and had time (as we are informed) to 
lay several matters contained in that complaint before the As- 
sembly. Tho' we shall not conclude you guilty of \vhat is 
laid to your charge till you have had an opportunity of making 
good your defence, yet that we might not in the meantime be 
wanting to the safety and good government of that Island, we 
think it incumbent to lay those articles before H.M. for her 
directions therein. The Address you mention to be inclosed., 
Sept. 6, we have not received. [C.O. 29, 11. pp. 324-328.] 

211. Order of Queen in Council. Eepealing Act of Mary- 
land empowering the farmers of Lord Baltemore's quit rents, 
etc. (Cf. Nov. 23, 1708, etc.] Signed, William Blathwayt. En- 
dorsed. Reed. 15th, Read 17th Jan., 170f. \\ pp. [(7.0. 5, 
716. No. 60; and- 5, 727. pp. 118, 119; and 5, 720. "No. 4.] 

212. Mr. Armstrong to the Council of Trade and Plantations. 
Prays, as Solicitor for, Mr. Allen, for a perusal of papeirs 
relating to Mr. Mason's title as Proprietor of New Hampshire, 
"there being an appeale come over in order to try his title 
before H.M. and Council." Signed, Ro. Armstrong. Endorsed, 
Reed., Read Nov. 27, 1708. 1 p. [C.O. 5, 865. A 7 o. 4.] 

213. W. Popple to Josiah Burchet Esq. Encloses extract of 
letter from Governor Handasyd, Sept. 24, relating to Jamaica 
merchant fleet. [C.O. 138, 12. p. 347.] 

214. Josiah Burchett to Mr. Popple. Reply to preceding. 
Having had "the same account from Rear Admiral Wager I 
send it to my Lord Dursley, who is cruizing in the Soundings 
and has directions to look out carefully for them. I desire 
you will acquaint the Lords of the Councill for Trade etc. that 
there is a squadron preparing to releive Rear Admiral Wager, 
and that it is hoped they may be ready by Dec. 20. Signed, 
J. Burchett. Endorsed, Reed., Read Nov. 29, 1708. 1 p. 
[C.O. 137, 8. No. 25; and 138, 12. p. 348.] 

215. Col. Jenings to the Council of Trade and Plantations. 
It was the llth of last moneth and the Fleet then sailed before 
I had the honour to receive your Lordships' of April 15 con- 
cerning the negro trade. Since which I have endeavoured by 
the means of the proper officers and the information of th,e 
ancient inhabitants to answer your Lordships' commands. Re- 
fers to enclosures. The seperate traders have had much the 
greater share. The medium rates for men and women may be 
reckoned from 20 to 30 a head for those sold by the Company, 
and from 20 to 35 a head for the like kinds sold by the 



AMERICA AND WEST INDIES. 157 

1708. 

separate traders, who in genii, have sold theirs at a higher 
rate than the Company. How the Country was supplyed with! 
negros before the Trade to Affrica was laid open in 1698, I 
have endeavoured to informe myself from some ancient in- 
habitants conversant in that trade, as well as by recollecting 
what hath happened in my own knowledge, and find that before 
1680 what negros were brought to Virginia were imported gener- 
ally from Barbados, for it was very rare to have a negro 
ship come to this country directly from Affrica; since that 
time, and before 1698 the trade of negros became more frequent, 
tho not in any proportion to what it hath. 1 been of late, dureing 
which the Affrican Company sent several ships, and others 
by their licence (as I liave been informed) haveing boughjt 
their slaves of the Company brought them in hither for sale, 
among which I remember the late Alderman Jeffrys and Sir 
Jeffry Jeffrys were principally concerned, but all this time the 
pricfe of the negros was currant from 18 to 23 per head 
for men and women, and never exceeded that rate. Whether 
the opening tihe trade to Affrica haveing created an emulation 
between the Company and the seperate traders which' should 
outbid the other in the purchase of their slaves there, or 
whether the dexterity of their Factors here in takeing advantage 
of the prevailing humour of our inhabitants for some years 
past of buying negros even beyond their ability, or the con- 
currence of both, hath raised the rates of negros so extravagantly, 

1 shall not pretend to determine, but this I may venture to 
say, that it will be much harder to lower the price again now 
'tis raised, unless there be the same ffreedome of trade con- 
tinued as formerly, for tho' the inhabitants of this country in 
genii, will not now be so fond of purchaseing negros as of 
late, being sensibly convinced of their error, which has in a 
manner ruined the credit of the country, yet there will still 
be some that must, and others that will at any rate venture 
to buy them, and if the Company alone have the management 
of the trade, they'l find pretences enough to keep up the price, 
if not to impose what higher rate they please, which the 
buyer must submitt to, knowing he cannot be supplyed by 
any other hand. As for vessell'S tradeing directly from this 
place to the coast of Affrica, I never knew of any, nor is the 
same practicable, this country not being provided with com- 
moditys suitable for carrying such a trade, etc. *P.S. The 
Instructions to our late Governor were sealed up at his death, 
and were not opened till I had the honour of being intrusted 
with the Government etc., else I should not have failed in 
sending the account of negroes required therein. Signed, E. 
Jenings. Endorsed, Reed. 16th April, Read 3rd May, 1709. 

2 pp. Enclosed, 

215. i. List of negros imported from Barbados to Virginia, 
16991708. Total, 236 in 3 ships. Endorsed as pre- 
ceding. ^ p. 

215. ii. List of negroes imported to Virginia direct from 
Africa, June 24, 1699 Oct. 12, 1708. 36 ships. Total 



158 COLONIAL PAPERS. 

1708. . 

negroes imported by the African Company, 679; by 
the separate traders, 5692. Same endorsement. 1 
large p. [C.O. 5, 1316. Nos. 15, 15. i., ii. ; and (with- 
out enclosures) 5, 1362. pp. 365-367.] 

Nov. 27. 216. Same to Same. Reply to May 7, 1707, hoping my 
Virginia, late receipt thereof (wch. was not till the begining of last June) 
with what I writt by the Fleet of the sickness of several of 
the Council (whose advice I thought necessary) will plead my 
excuse for making so late a return. I hope I have already 
complyed with your Lordships' direction in sending the Journals 
of Council (which contain all the material transactions of the 
Government) as often as there has been a safe conveyanoe, 
and shal continue the like care for the future, tho the casualtys 
of the war will necessarily make that transmission less frequent 
than I could wish. I have by former occasions, and now again 
by this, sent the names of Councillors, etc. As to the number 
of inhabitants, according to the list of tithables taken this year 
(wch. is the best way to judge of their number) I have computed 
the labouring tithable persons to be about 30,000, whereof about 
12,000 negros, the rest being almost all free men; for the number 
of white servants is BO inconsiderable that they scarce deserve 
notice ; so few having been imported since the begining of this 
war. So that by comparing list with those of former years, 
the number of tithable persons (among which are included all 
masters of familys and their male children above the age of 
16) have increased within these three years about 3000, partly 
by the natives coming of age, but chiefly by the importation 
of negros. It is possible that when yr. Lordps. shal compare this 
estimate with the list of negros imported of late (supra), yr. 
Lordps. may be induced to expect a far greater encrease of 
our numbers ; but besides the distempers usual among new 
negros, wch. carry off not a few of them, many of our poorer 
sort of inhabitants daily remove into our neighbouring Colony s, 
especially to North Carolina, which is the reason that the 
number of our inhabitants doth not increase proportionably to 
what might be expected. Refers to enclosures i.-iv. Since the 
late Act for setting the Militia, they begin to be better arm'd 
than formerly, and I hope the continuing the due execution 
of that Law will oblige all to provide themselves, tho I cannot 
help observing to your Lordps. that the low price of their 
tobacco is a great hindrance to what I believe they are well 
enough inclined to do in this particular. The number of ships 
etc. belonging to the inhabitants of this Colony, it is so incon- 
siderable that I think it unnecessary to trouble yr. Lordps. 
with a particular list of them, there being only 6 ships (the 
largest not exceeding 150 tunns), eight brigantines and two 
sloops now belonging to the countrey, besides those open shallops 
wch. carry tobacco for the ships and sometimes trade from one 
River to another (wch. I believe yr. Lordps. do not mean 
should be listed with, the others). All which ships, vessells and 
coasting shallops imploy about 200 seafaring men, and of those 



AMERICA AND WEST INDIES. 159 

1708. 

but few able sailors, such going generally to Pensilvania and 
the Northern Proprietary Governments, where they receive 
greater encouragement than the small trade of this country will 
afford them. Besides the ships and vessells abovementioned there 
are not at this time any ship or vessell tradeing hither of this 
country built, diverse which have been built here of late haveing 
in their first voyages had the misfortune of falling into the 
hands of the enemy. Refers to enclosure ii. It contains a 
complaint of some new and unusual proceedings of the Governor 
of South Carolina in seizing the effects of our Indian traders 
ancT interrupting that trade from which a great part of the 
revenue of the Collegte [of William 'and Mary] doth, arise, and 
indeed is a very profitable trade to many of the inhabitants of 
this icountry. Tho' the interruption complained of be upon 
the matter owned by the Governor of S. Carolina, yet because 
I would not trouble yr. Lordps. with any complaints against 
our neighbour governments without such authentick proofs as 
may make the matter undeniable, I have with the advice of 
the Council appointed the affidavits of the traders to be taken, 
which I shall send by the first conveyance for your Lordps.' 
further satisfaction. Humbly submitting how far (on the rea- 
sons laid down in the said Memorial) H.M. service and the 
interest of Great Brittain may be concerned to protect the trade 
of this H.M. Colony from the new raised pretensions of a 
Proprietary Government. Signed, E. Jenings. Endorsed, Eecd. 
April 16th, Bead May 3rd,' 1709. 2 pp. Enclosed, 

216 i. Reply of the Council of Virginia to the en- 
quiries of the Council of Trade and Plantations, 
May 7, 1707. At the Capitol, Oct. 19, 1708. 
(1). The chief cause of the removal of the inhabitants 
of this Colony into the neighbouring Plantations is 
the want of land, the most convenient land yet un- 
patented being on Pamunky Neck and on the south 
side Blackwater Swamp, and that shutt up by the 
orders of the Government ; this has occasioned many 
familys of old inhabitants, whose former plantations 
are worne out, as well as a great number of young 
people and servants just free to seek for settlements 
in the Province of North Carolina, where land is to 
be had on much easier termes than here, not a few 
have obtained grants from that Government of the 
very same land which they would have taken up from 
this, if liberty had been given for it. For preventing 
whereof, it is humbly proposed that the bounds between 
Virginia and Carolina be settled as soon as may be, 
and that free liberty be given to all persons to take 
up lands anywhere within the bounds of Virginia in 
the termes mentioned in the Charter granted by H.M. 
King Charles II., and according to the constant custome 
of granting land in the country from the first settlement 
thereof. Another cause is the exemption granted in 
most of the Proprietary Governments from being sued 



160 COLONIAL PAPEBS. 

1708. 



for debts contracted in other places; this encourages a 
great many people of uneasy circumstances or dishonest 
inclinations to run thither to avoid their creditors and 
secure themselves a safe retreat. And even in N. 
Carolina, where Virginia debts are pleadable, there 
are such difficultys in the prosecution thereof, partly 
by the distractions of that country, which has no settled 
Government, and partly by the protection those debtors 
find among persons of like circumstances and principles, 
that it is but lost laliour to sue them. (2). The staple 
commodity of this country being tobacco is only ex- 
ported to Great Brittain, and returnes made in the 
manufactures thereof and other commoditys brought 
directly from thence. This country hath; no manner 
of supplys of any European manufactures (except a 
very little to the plantations) but only from Great 
Brittain. There's very little trade carryed on by the 
inhabitants of this Colony to any of H.M. Plantations, 
what trade they have is to the Island of Barbados, to 
which they export Indian corne, pork, pitch, tarr, lumber 
and sometimes a little tobacco, in exchange of which 1 
they import rum, sugar, molasses, a little cocoa and 
ginger, but a great part of the commoditys of that 
Island are purchased by bills of Exchange ; from New 
England are imported rum, sugar, molasses, Madera and 
Fiall wine, fish and wooden ware ; exported thither 
corne, pork, and some tobacco and money. From New 
York and Pensilvania imported rum, sugar, wine, bread, 
flower and beer; exported thither European goods, 
money and wheat. From S. Carolina and Bermudas, 
rum, sugar, Madera wine, salt, cocoa, and rice; ex- 
ported thither flower, cyder, and European goods. All 
the trade with the above Plantations (except some part 
of the Barbados trade) is carryed on entirely in vessells 
belonging to the said Plantations. (3). There can't 
be an exact estimate made how much tobacco is exported 
hence, that being best known to the Commissioners 
of the Customes, but it is very plain the production 
of that manufacture has been encreasing for several 
years, as on the other hand the value thereof has 
proportionably decreased, which we conceive is oc- 
casioned by the great number of negros imported and 
the encrease of the inhabitants, who being only em- 
ployed in that manufacture, there is much more made 
than can possibly be vended to any advantage. (4). 
Another branch of the trade of the country is the 
Indian trade for skins and ffurrs, in which great quan- 
titys of course cloaths from England, powder, ehott, 
guns, hatchets etc. have been vended annually, but 
this trade is now like to be totally wrested out of our 
hands by the Government of South Carolina, who under 
pretence that the Indian Nations with whom we trade 



AMERICA AND WEST INDIES. 161 

1708. 

live within their Government, take upon them to seize 
the effects of our traders and to impose high duties 
equal to a prohibition on all commodity's carryed 
thither from hence, and tihe like on the skins brought 
back; this is a new and strange pretence that Virginia, 
who traded with these Indians before the name of 
Carolina was known, should be now abridged, especially 
since most of the Indians with whom we trade live 
some hundreds of miles from any of the inhabitants 
of Carolina. (5). We know of no illegal trade carryed 
on in this Country, but for the more effectual sup- 
pressing of illegal trade, it is humbly proposed that 
proper officers be appointed to reside at the ports 
established here by Act of Assembly pursuant to H.M. 
Instructions, or at such of them as Commissioners of 
the Customes shall think fitt, and that the shiping 
may be directed to ride, lade and unlade there ; this 
with a strict charge to the officers to be diligent in the 
execution of their duty would effectually put an end 
to all endeavours for illegal tradeing. (6). The manu- 
factures of linnen, woolen and cotton have of late 
been sett up for supplying the pressing necessitys of 
the people, the price of tobacco being so low that for 
some years it hath not been sufficient to purchase 
cloaths for the makers thereof. Pitch and tar are 
also made in this Country enough to supply the oc- 
casions thereof and to export a little to the West Indies 
and much greater quantitys might be produced, if there 
were an encouraging market for it. (7). The Council 
offer their opinion that it is for H.M. service that the 
present restraint and prohibition on the takeing up 
of land be removed, and that H.M. would supersede the 
Instruction to Governor Nott concerning a new method 
of takeing up land, because the tenures of land in this 
country being founded on the Charters to the Virginia 
Company, and afterwards confirmed by the Charter 
of Charles II., are now so interwoven with our laws 
that it is not possible without the greatest confusion 
to make the alteration proposed in that Instruction. 
All the valuable and convenient land in the country 
is already taken up and patented according to the 
ancient constitutions of the country, and what remains 
now being remote from the conveniencys of trade isi 
of little value, and only desirable because there is 
none else to be had. According to the method pro- 
posed in the said Instruction, there can be no such' 
thing as a succession of inheritance in any lands, for 
supposeing by death or any other casualty a man 
should come to lose his servants or slaves for which 1 
his land was granted him, he must at the same time 
lose his land too, since such a casualty would disable 
him to pay the quitt-rent proposed, and so one mis- 

Wt. 11522. CPU 



162 COLONIAL PAPERS. 

1708. 

fortune would so unavoidably introduce another till 
at last perhaps after all his toil his land will be taken 
away by a stranger, etc. It is very apparent no land 
will ever be taken up here on the termes proposed, so 
long as there is any land to be had in our neighbouring 
Colonys on easier termes, for since the Propriety Gov- 
ernments, so long as their Charters are in being, 
cannot be abridged in granting their lands as they 
please, the introduceing of this kind of tenure in the 
Colonys under H.M. Government will only tend to the 
depopulateing of them, at least it can never be ex- 
pected they should encrease in inhabitants for the 
future, since people will always go to those places 
where they may have land cheapest, and have a cer- 
tainty of preserving it to their posterity. The restraining 
the takeing up land only to small tracts will be very 
prejudicial to H.M. interest, for if only small parcels, 
such as 100, 200 or 500 acres in a tract to be taken 
up, it will follow that the good land only will be 
patented, and the bad (which may be reckoned th. 
of all that is yet to be taken up) will forever remain 
wast. Another thing of great concernment to H.M. 
service and the advantage of this Colony would be to 
confine the trade of this country (especially dureing 
the war) to regulate Fleets once a year, which may 
proceed from England in the moneth of September and 
return from hence in April, that no ship be permitted 
to sail to or from Virginia but in those Fleets, and 
that a sufficient convoy be appointed for them. By 
this means the market for tobacco would become certain 
and regular, and would not be damped by the reputation 
of interveneing ships, the planters would be supplyed 
with goods and cloathing before winter, and their in- 
dustry encouraged by haveing something for their 
labour, and the sickness of the seamen, and the danger 
of the worme so frequent and fatal to the ships and 
seamen in the summer prevented. Lastly, that there 
be a sufficient guard appointed for our coast, which 
we humbly conceive cant be less than one ship of good 
force and another small vessell of 10 or 12 guns fitt 
to pursue the enemy's small privateers among the fflatts 
and shoal water ; the want of such a guard has been 
an extraordinary loss to the trade of this country for 
these two years past, the enemy's privateers inter- 
cepting almost all the small vessells both outward and 
inward bound, and sometimes even within our Capes 
and in sight of H.M. ships of war, who were too bulky 
to follow such small light vessells, and without such 
a guard we have reason to beleive not only our trade 
will be destroyed, but even the country plundered. En- 
dorsed as preceding. 4| pp. 
216. (ii.) (a). The Visitors and Governors of the College 



AMERICA AND WEST INDIES. 163 

1708. 

of William and Mary to Edmund Jennings, President, 
and the Council of State. Whereas the General As- 
sembly thought fitt to grant to the sd. College an 
imposition on all skins and furrs exported, which is 
one of the most considerable branches of the Revenue 
of the College, and arises by a trade for many years 
carryed on with the Southern and Western Indians 
etc. Complain of the action of the Government of 
Carolina as supra. The Indians concerned are not 
under that Government. The laying dutys on European 
commoditys exported ^ through any plantation to an- 
other hath never been encouraged. The goods vended 
being imported by this Colony directly from England, 
whereas Carolina has constant clandestine trade with 
St. Thomas' and Currasoa, and import European goods 
from thence, if Carolina is allowed to engross this 
trade, English trade will suffer. Besides they have 
not such conveniencys of shiping from England as 
the inhabitants of this Colony have to furnish them 
with supplys, so that they neither export from England 
such quantitys, nor can afford to sell them so cheap. 
And since it is the interest of England to encourage 
that trade which exports most of the British manufac- 
tures, the Trustees humbly hope that by your Honours' 
favourable representation of this case to the Council 
of Trade the unwarrantable encroachments of the Gov- 
ernment of Carolina will receive a check etc. (b). 
Minute of Council of Virginia, Oct. 28, 1708. Resolu- 
lution ut supra. E>ndorsed as preceding. 2^ pp. 

216. iii. (a). List of the Council of Virginia. 

(b). List of persons fit to supply vacancies in the 
Council: Wm. Byrd, Wm. Randolph, John Page, Miles 
Gary, Wm. Wilson, Gawen Corbin, Wm. Armistead, 
of Gloucester, Arthur Allen, Wm. Taylor, Wm. Fitz- 
hugh, Edwd. Hill, David Bray. Same endorsement. 
2 pp. 

216. iv. List of Militia of Virginia, 1708. Totals : Captains 
and subalterns, 1060; horse, 2211, dragoons, 1221, 
foot, 6140. 1 p. [C.O. 5, 1316. Nos. 16, 16.i.-iv. ; 
and (letter and enclosure 1 only) 5, 1362. pp. 369- 
382.] 

Nov. 29. 217. Capt. Vetch to the Council of Trade and Plantations. 
As ,to what your Lops, seem desierous to be further informed 
of, with relation to the numbers of the inhabitants of Canada; 
As to the French, I am almost moraly sure their number does 
not exceed 5000, for, besides the accounts I have had from 
their JMissonarys, their merchants, their Indian traders, non 
of which ever aledged them to be above that number, the 
present Intendant of that place, M. Rodot, when talking with 1 
toe of them, and who, I found, designed rather to magnify 
than lessen their numbers, sayd that by the accounts he had 



164 COLONIAL PAPERS. 

1708. 

gott from the Curates of the severall parishes, he found them, 
to be full 5,000, of which we may allow near one half to be 
men, there being but few French women there, the men having 
a reward of 60 crowns each for marying ane Indian women. 
As to the number of the Indians who joyn with them in warr, 
I cannotfc be so particular, for they have a great many nations 
who trade with them, who doe not att all joyn in warr, nay, 
that never come within 3 or 400 miles of Quibeck or Montreal, 
such as the Ottouauas, the Onagongoes, the Ilianoes, nay, quite 
to Missasippi, but for such as are constantly along with v them 
in warr, I know only of five litle forts (as they call them), 
which is only a piece of ground palisadoed round, in whichj 
are perhaps 40 or 50 Indian familys, living in wigwams, or 
litle hutts, and with them generaly about 20 French! and ane 
Officer, as well to keep them firme to their intrest, as to manage 
their furr trade, and prevent the Indians carrying them to 
Albany, as they used offten formerly to doe. The names of 
those five forts I find (in the lists, where our prisoners were, 
whom I got exchanged), to be (1) Fort Covetto, within 12 
miles of Quibeck; St. Francis fort, near Trois Biviers, Chnack- 
nawago, betwixt that and Montreal ; Conosadago, about 12 miles 
above Montreal, and Fort Louis, att the fals above that, about 
20 miles. All the judgement I can make of their numbers is 
only according to the opinion of the people of Albany, and 
our Five Nations, who judge the French fighting Indians to 
be near double ours, yet not able to encounter them, because 
not so warlike ; from whence I believe they may be 800 or 000, 
but so dispersed, that it would take them above a month's time 
to bring them all in a body to one place. Endorsed, Reed. 
Read Nov. 29, 1708. 1 p. [C.O. 323, 6. No. 72; and 324, 9. 
pp. 266-268.] 

Nov. 30. 218. The Queen to the Attorney or Solicitor General. In- 

St. James's, structions to prepare a warrant for the appointment of William 

Norris to be Naval Officer in Jamaica in place of Barnaby 

Jenkins, deed., with a clause for obliging him to reside there, 

etc. Countersigned, Sunderland. [C.O. 5, 210. pp. 174, 175.] 

[Nov. 30.] 219. Addresses, Minutes, and Papers relating to Barbados, 
presented to the Council of Trade and Plantations by Messrs. 
William Heysham and Mr. Royle, as described Journal of Coun- 
cil, Nov. 30, 1708. Endorsed, Reed. Nov. 30, Read Dec. 1, 
1708. 28 pp. [C.O. 28, 11. Nos. 30-39.] 

Nov. 30. 220. Wm. Popple to the Merchants trading to Jamaica. 
Whitehall. Gives notice of correspondence concerning the Jamaica mer- 
chant fleet, Sept. 4, Nov. 26, 27. q.v. [C.O. 138, 12. p. 349.] 

Dec 1. 221. Council of Trade and Plantations to the Earl of Sun- 
Whitehall, derland. Having during your Lordship's absence received H.M. 
directions from Mr. Secretary Boyle to report our opinion upon 
Capt. Vetch's Memorial, we inclose following: 



AMERICA AND WEST INDIES. 165 

1708. 

221. i. Council of Trade and Plantations to the Queen. Report 

upon Capt. Vetch's Scheme. The great advantages of 
the Plantation Trade to this Kingdom, and to your 
Majesty's Revenue, are so well known that we will not 
presume to trouble your Majesty with particular in- 
stances thereof, yet must humbly begg leave to say 
that your Islands in the West Indies will not be able 
to carry on their trade, or even to subsist (especially 
in time of war) without the necessary supplies from 
those northern Plantations of bread, drink, fish and 
flesh, of caittle and horses for cultivating their plan- 
tations, of lumber and staves for casks for their sugar, 
rum and molosses, and of timber for building their 
houses and sugar works. As an inducement to your 
Majesty's engaging in a vigourous attempt upon the 
French in those parts, we shall now lay before your 
Majesty a short view of the dammages the said Plan- 
tations have sustained by the neighbourhood of the 
French on that Continent. Quote Capt. Vetch July 
27, Nov. 17 and 29, q.v. We humbly begg leave to 
offer that it will highly tend to the ease and security 
of your Majesty's subjects in America, and to the 

increase of that trade so beneficial to Great Britain, 
if the French be driven from their settlements on the 
Northern Continent. But whether the manner of doing 
it (proposed by Capt. Vetch) may 'be proper and effectual 
to that end, as it consists of matters purely military, 
we shall not presume to judge ; and therefore most 
humbly submit the same to your Majesty. [C.O. 324, 
9. pp. 268-289; and (covering letter and part of en- 
closure only) 5, 1084. Nos. 39, 39. i.] 

[Dec. 1.] 222. Alexander Walker to the Council of Trade and Plan- 

tations. Reply to the complaint of the Assembly of Barbados 
against him. Of. Dec. 3, and Journal of Council, Nov. 30, 
Dec. 1. Endorsed, Reed, from Mr. Gillibrand, Read Dec. 1, 
1708, Enclosed, 

222. i. Petition of Alexander and William Walker to Gov- 

ernor Crowe for a public examination into the reasons 

for the commitments of George Lillington and Richard 

Downs, etc. No such order could be obtained. Aug. 

31, 1708. 1^ pp. 
222. ii. Minutes of Assembly of Barbados, Aug. 31, 1708. 

2 pp. 
222. iii. Petition of Wm. Sharpe, Alexander Walker, and 

Samuel Beresford to Governor Crowe, for a Council to 

be held this day. Sept. 1, 1708. H.E. refused. 

Signed, William Sharpe, Alexander Walker, Samuel 

Beresford. 1 p. 
222. iv. Address of the Assembly of Barbados to Governor 

Crowe. Duplicate. 3 pp. 
222. v. Address of the Assembly of Barbados to Governor 



166 COLONIAL PAPERS. 

1708. 

Crowe for the dismissal of Alexander Walker from the 
Council for having been bribed by Mr. Holder to 
promote the Paper Act. Aug. 31, 1708. Copy. 2 pp. 
[C.O. 28, 11. Nos. 24-29.] 

Dec. 2. 223. Commodore Mitchell to Mr. Popple. I arrived safe 
Falmouth, with all my fleet at Newfoundland May 13, and sail'd from; 
Warwfck Newfoundland Oct. 23 following, and parted with the Advice, 
Looe, and Nightingall the 24th, they being bound for the 
Streights and the Winchelsea for Oporto. The store-ships ar- 
rived a day or two before I sailed, and is arrived safe at 
Falmouth, Nov. 25, and I have here sent an[d] account 
of all my proceedings in Newfoundland, etc. When I 
received my commission from H.M., I immediately summoned 
all ye inhabitants, masters of ships, soldiers and all others in 
St. Johns to appear in Fort William, and to give me an 
acct. of what alligations they had against the Major, which will 
be laid before their Honors in a short time. Signed, Jno. 
Mitchell. Endorsed, Eecd. 6th, Read 9th Dec., 1708. Addressed. 
Sealed. Postmark. 1 p. Enclosed, 

223. i. Answers to Heads of Enquiry relating to Newfound- 
land, '(See March 12, 1708). (1). There being no penal- 
ties in the Act, 'tis amongst ye inhabitants invalued. 
(3). 35. (4). None. (5) and (6). No complaint was 
made to me as to this. (7). The by-boat keepers and 
fishing ships do carry over such number of green 
men as they are capable to get, and acquaint me that, 
att the entry of them on board, do according to the 
Act, but never can produce me any certificate of the 
same. (8) and (9). These articles are observed. (10). 
I did not know any case. (11). The rules are observed 
as far as do consist by their way of trade. (12). The 
Admiralls are carefull to see yt. the Rules of the Act 
be discoursed on, provided it does not touch a Customer, 
and they gave me Journalls and an acct. of the fishery. 
(13). If any difference doth arise where each AdmiralTs 
customer is concerned, there will be a difference between 
them all, but without appealing to me, they do agree 
among themselves. (14). They are very carefull in 
carrying their press stones and ballace ashoar, and not 
filling the harbour up. (15). They do not go a-fishing 
on ye Sabbath day till 4 of ye clock in the afternoon, 
nor att Church, tho' I allways sent musqueteers att 
ye Lords of ye harbour to compell them, but it being 
the only victualling day, and all ye houses in St. 
Johns, both inhabitants and boat-keepers, sell all sorts 
liquour, they are forced by a file of musqueteers to 
pay ye Minister. (16). New England people, French 
Prodestants and Dutch privateers this year did resort 
thither. (18). All the inhabitants, boat-keepers and 
fishing ships do cure their fish wth. the best salt they 
7?i.. can get, and make the most fish they can. (19). The 



AMERICA AND WEST INDIES. 167 

1708. 

inhabitants in curing their fish in St. John's harbour, 
with their offells, does not annoy ye said harbour, nor 
does it annoy them. (20). The planters and inhabi- 
tants have no other sustenance than what they get 
out of their own gardens. They have nothing from 
any of ye neighbouring islands. They that belongs 
to ye fishery att ye northward, after they have done, 
goes a-furring, but what quantity they get I know not, 
but what they have or bought by the New England - 
men. (21). The inhabitants have their salt provissions 
from England and Ireland, and their necessaries for 
fishing likewise, and their fresh provisions from New 
England. (22). The New Englandmen bring from New 
England sugar, rum and Molossus, and ye same from 
Barbados; by which means the fishermen never want 
liquor. (23). I do not know of any Europian com- 
modities brought from anywhere else but England and 
Ireland. (24). These are disposed off among the in- 
habitants, seamen, fishermen and ye New England sloops 
and brigganteens. (25). No Plantation commodity dur- 
ing my time was brought, except tobacco, sugar, mo- 
losses and rumm, wch. was disposed off there. (28). 
The value of fish 14s. per quintal, ye train oyl 14 
per tunn, the fish went for Portugal and Spain, the 
train oyl for England. (30). Men carried from Brit- 
tain to stay or come home as their masters pleases. 
(31). The number of the French inhabitants att Pla- 
centia, which I have understood by my flag of truce 
I sent thither, are about 500, besides what belongs 
to ye garrisons, wch. is about 100 men. 

I did endeavour to prevent all the irregularities which 
was mentioned in ye Additionall Instructions, and do 
not know of any other Europian commodities that came 
to Newfoundland than what came from England, except 
one ship from Spain and ye Queen's pass not to be 
molested. Ye old boome being broken, I stretched a 
cable across to find ye breadth, 110 fathoms. Signed, 
Jno. Mitchell. Endorsed, Eecd. 6th, Read 9th Dec., 
1708. 3| pp. 

223. ii. List of harbours in Newfoundland, inhabitants, (names 
given) boats, and fishing returns, 1708. Totals : Boat- 
keepers, 240; wives, 114; children, 251; servants, 1554; 
boats, 291; skiffs, 76; train-fats, 240; quintalls of 
fish, 95574; tuns of train-oil, 533. 9 pp. 

223. iii. (a). List of the Masters of fishing ships (names 
given) and the state of their fishery in Newfoundland, 
1708. Totals : Commanders, 49; ships, 49; burthen 
in tuns, 5135; men, 838; guns, 148; boats, 170; 
train-fats, 52; quintals of fish, 40,450; tuns of train- 
oil, 242. (b). List of running galleys (26), sack ships 
(7), American vessels (15), men of war's prizes (5), 
merchantmen's prizes (9), Dutch privateers (3), Dutch 



168 COLONIAL PAPEES. 

1708 

privateers' prizes (9), with their tunnage and equip- 
ment. 6 pp. 

223. iv. Abstract of the Fishery (as above). Total quintals 
of fish: 135,934. Decrease in 1708; 9 ships, 107 
men ; Increase in 1708 : 73 boats, 15,252 quintals of 
fish ; 1124 hhds. train oyl ; 556 inhabitants. 1 p. 

223. v.,vi. Duplicates of ii. and iii., with slight variations. 
The whole endorsed-, Reed. 6th, Bead 9th Dec., 1708. 

223. vii. Capt. Vane to Commodore Mitchell. St. Johns, Oct. 
28, 1708. Describes requirements for the Boom etc. 
Signed, E. Vane. 1 pp. Enclosed, 

223. viii. List of necessaries required for the Boom. En- 
dorsed, Reed. 6th, Read 9th Dec., 1708. p. 

223. ix. Major Lloyd's Account of Provisions for Fort William 
and South Castle in St. John's. Sept. 30, 1708. En- 
dorsed as preceding. 2 pp. 

223. x. A state of the provisions remaining in Newfoundland, 
as surveyed by order of Commodore Mitchell, June 29 
and Oct. 15, 1708. Sicpied, Jno. Mitchell. Endorsed, 
Reed. Dec. 6, 1708. 7 pp. 

223. xi. List of provisions allowed to men (names given) 
sent out upon sundry occasions, etc. Endorsed, Reed. 
6th, Read 9th Dec., 1708. 11 pp. 

223. xii. Number of days for which the men have been vic- 
tualled. Sept. 30, 1708. Same endorsement. 5 pp. 

223. xiii. Account of Ordnance Stores in Fort William and 
South Castle. Oct. 4, 1708. Same endorsement. 
Printed. 3 pp. 

223. xiv. Account of Stores wanting for Newfoundland garri- 
son, 1709. Same endorsement. 1 p. 

223. xv. Muster-roll of the Company at Newfoundland, July 

25, 1707 Aug. 2, 1708. The major, 2 lieutenants, 3 
sergeants, 2 drummers and 80 privates. Signed, Jno. 
Mitchell, Tho. Lloyd, Tim. Gully. Same endorsement. 
1 p. [C.O. 194, 4. Nos. 76, 76i.-xv. ; and (with en- 
closure i. only} 195, 5. pp. 60-67.] 

Dec. 3. 224. Council of Trade and Plantations to the Earl of Sun- 
Whitehall. derland. Enclose following to be laid before H.M. Autograph 
signatures. 1 p. Enclosed, 

224. i. Council of Trade and Plantations to the Queen. Repre- 

sentation upon the complaints of Messrs. Sharpe, 
Walker and Beresford. Recommend that Governor 
Crowe be required to give an immediate answer thereto 
etc. Set out, Acts of Privy Council, II. pp. 574, 575.. 
[C.O. 29, 11. pp. 337-340; and (without enclosure) 
28, 38. No. 74.] 

Dec. 3. 225. Council of Trade and Plantations to the Earl of Sun- 
Whitehall, derland. Enclose following to be laid before H.M. 

225. i. Council of Trade and Plantations to the Queen. 

Recommend Timothy Salter to be of the Council of 



AMERICA AND WEST INDIES. 169 

1708. 

Barbados, in the room of Patrick Mein, who does not 
intend to return thither. [C.O. 29, 11. pp. 341,342.] 

Dec. 3. 226. Council of Trade and Plantations to the Earl of Sun- 
.WMtehall. derland. Enclose following to be laid before H.M. in Council. 
226. i. Council of Trade and Plantations to the Queen. Re- 
port upon petition of Thomas Pindar for passes for 
Spanish ships (See Sept. 17, Oct. 26). The Assiento 
trade having been found of very great advantage to 
this Kingdome, and to your Majesty's American Plan- 
tations (while the same was carryed on in those parts), 
it were to be wished that it might be resettled there, 
whereby your Majesty's subjects wou'd sell their negroes 
to the Spaniards for bullion, and have the benefit of 
that navigation by exporting the said negroes in ships 
belonging to your Majesty's subjects. Such a settle- 
ment of that trade may be impracticable during the 
present war; however, the promoting and settling the 
Assiento trade in Barbadoes as proposed by the peti- 
tioner may be of such advantage to this Kingdom and 
to your Majesty's Plantations, (tho thereby the trade 
will not be so profitable as formerly) that under the 
present state of affairs., we shou'd not object to your 
Majesty's granting the passes desired, were it not that 
we find the same cannot be granted without dispensing 
with part of the Act of Navigation 12 Car II. cap. 18, 
whereby 'tis provided "that no goods or commodities 
whatsoever shall be imported into, or exported out of 
any lands, islands, plantations or territories belonging 
to your Majesty in Asia, Africa or America in any 
other ship or vessell, but in such' as does belong to. 
your Majesty's subjects of this Kingdom, or Irland, 
or are of the built of and belonging to any of the 
said lands, islands, plantations or territories, as the 
Proprietors or right owners thereof, and whereof the 
Master and fth of the mariners at least are subjects of 
this Kingdom" (which number of fths is by a late law 
reduced to one half during the present war) under the 
penalty and forfeiture both of ship and goods, and 
by the said Act it is further provided that no alien 
etc. not naturalised shall exercise the trade of a merchant 
or factor in any of the said places upon pain of for- 
feiture of all his goods, etc. 

In 1689 a proposal for encouraging and settling the 
Assiento trade in the Plantations was presented to 
their late Majesty's by the Boyall Affrican Company, 
wherein were contained some propositions in substance 
the same with what is now offered by the petitioner, 
which having been referred to the Judges, Nov. 17, 
1689, they certifyed their opinion to be that negroes 
are merchandize, that it is against the Act of Navi- 
gation to give liberty to any alien not made a denizon 



170 COLONIAL PAPERS. 

1708. 

to trade in any of the said Plantations, or for any 
shipping belonging to aliens to trade or export negroes 
from thence, or for aliens to trade there. Wherefore 
since that trade cannot be carryed on in the manner 
proposed by the petitioner without dispensing with the 
Act of Navigation made for the general good, and 
increase of the shipping and trade of this Kingdom, 
we are humbly of opinion that it is not adviseable for 
your Majesty to grant the passes desired by him. 
[C.O. 29, 11. pp. 332-336.] 

Dec. 4. 227. Governor Handasyd to the Council of Trade and Plan- 
Jamaica, tations. I am favoured with your Lops, of July 13, A.ug. 4 and 
13, Aprill 15, and June 25. As to the stores of war, amunition 
etc., which your Lops, are pleased to require accounts of, I 
shall, take care as soon as I can possibly get them from the 
remote parts of the Island to send them to you, as well as 
the Board of Ordnance. I acquainted your Lops, in my last 
of a vessell's being seized by the Navall Officer, according 
to my orders and the advice of the Attorney Genii., the person 
that took her not having a commission, wihich practice is a 
great encouragement to other roguerys. Since that the Navall 
Officer haa been sued by Col. Thompson, one of the owners 
of the periago. I have writt to H.R.H. of the same to desire 
his Instructions, as I do your Lops., how I shall behave myself 
in this and the like cases for the future. I likewise gave a-n 
Account of a boat that was taken by two of our privateers, 
and that she had on board her between 30,000 and 40,000, but 
I understand since that there was in coined and uncoin'd gold 
ajid silver 200,000 pieces of eight. Nov. 28 came in here a 
fflagg of truce from St. lago upon Cuba, which I must confess 
I was not very well pleased with, she brought 12 English 
prisoners and carried away 28 Spanish prisoners. I understand 
by a letter to Admirall Wager, that the French are fitting out 
a squadron to make an attempt against this Island. I hope 
it will only prove a report, as we have had severall such within 
these 7 years, but if their design is in earnest, you shall h.ear 
they shall buy it inch by inch, with the best of their blood; 
let their numbers be what they will, I hope that will never 
daunt our resolutions. Our sloops are now almost all returned 
from the Spanish coast, and trade has of late been very dead, 
the Spniards pretending they have not mony. I have received 
by this packett boat 43 recruits. The Island has been for this 
month very sickly, and severall people have died, but now I 
thank God it grows pretty healthy again. I am now to desire 
the favour of your Lops, interest towards the relief of me and 
H.M Regiment under my command. It is the humble request 
of the officers and private men as well as myself e, and since 
H.M. was 4 years ago graciously pleased by a proclamation to 
promise the relief of her Regiments in these parts every 3 
years, which time we have exceeded 4 years, I hope we may 
expect not to be deny'd. And as to my own particular, I have 



AMERICA AND WEST INDIES. 171 

1708. 

in my long service to his late Majesty' King William, and her 
present Majesty received so many wounds and had the fatigue 
of severall cold campaigns, that the whole frame of my nature 
is decay'd, which makes me the more pressing. Here having 
been two French privateers upon our coast, one of which has 
taken off a man, as we suppose, for intelligence upon some 
design the French have to invade us, I have by the advice 
of the Councill, been obliged to lay an imbargo on all ships 
and vessells for 10 days, till we inform ourselvs what prepara- 
tions the enemy is making. Admirall Wager on my giving him 
notice of these privateers sent out two men of war after them, 
one of which he has likewise ordered to cruize off the French 
and Spanish coast, and endeavour to get off a man from thence 
to learn what they are doing, and whether they have any design 
this way. I hope the imbargo will be of no prejudice to the 
trade, since it is for so short a time. Signed, Tho. Handasyd. 
Endorsed,, Eecd. 19th Jan., Read 23rd Feb., 1708. 3f pp*. 
[C.O 137, 8. No. 29; and 138, 12. pp. 363-366.] 

Dec. 5. 228. Governor Cranston to the Council of Trade and Plan- 
Newport on tations. Report upon import of negroes, in reply to letter 
Rhoad Island. of April lg lagt> (1) We haye not had ^ negroeg i mpOr ted 

from June 24, 1698 Dec. 25, 1707. (2). On May 30, 1696 
arrived at this port from Africa the briganteen Sedflower, Thomas 
Windsor, master, haveing on board 47 negroes, 14 of which he 
disposed of in this Colony for betwixt 30 and 35 per head, 
the rest he transported by land for Boston, where his owners 
lived. (3). Aug. 10, and Oct. 19 and 28, 1700, sailed from this 
port 3 vessels directly for the coast of Africa, the two former 
were sloops, the one commanded by Nicholas Hillgrove, the 
other by Jacob Bill, the last a ship commanded by Edwin Carter, 
who was part owner of the 3 vessels in company with Thomas 
Bruster and John Bates, rnerc'hts. of Barbados, and separate 
traders from thence ttf the coast of Africa. They arrived safe 
to Barbados from the coast of Africa, where they made the 
disposition of their negroes. (4). Wee have never had a-ny 
vessels from the coast of Africa to this Collony, nor any trad 
there, the briganteen abovementioned excepted. (5). The whole 
and only suply of negroes is from Barbados, from whence is 
imported, one year with another, betwixt 20 and 30, and if 
those arrive well and sound, the generall price is from 30 
to 40. We have advised with the chieffest of our Planters, 
and find but small incouragement for that trade to this Colony, 
since by the best computation wee can make, there would not 
be disposed in this Colony above 20 or 30 at the most annually/ 
the reasons of which are chiefly to be attributed to the generall 
dislike our Planters have for them, by reason of theire turbulent 
and unruly tempers. And that most of our 'Planters that are 
able and willing to purchase any of them, are supplyed by the 
offspring of those they have already, which increase daly, and 
that the inclination [s] of our people in generall are to imploy 
servants before negroes, etc. Sic/nerf, Samll. Cran[-son]. En- 



172 COLONIAL PAPERS. 

1708. 

dorsed, Eecd. May 23, Read Dec. 12, 1709. Holograph. 1 pj. 
[0.0. 5, 1264. No. 90; and 5, 1292. pp. 187-189.] 

Dec. 5. 229. Same to Same. Acknowledges letters, etc. May 14, 
Newport on Upon the reciept of said packett, I forthwith convean'd H.M. 
Ehoad Island. Councill, by whose approbation and advice I caused H.M. In- 
structions with the Acts of Parliament to be published, the 
which wee will not be wanting to see duly complyed with, etc., 
notwithstanding that, as we are linkt to the Province of the 
Massachusetts (particularly to the Towne of Boston) as to our 
traffic!: and dealing together, wee cannot, without great .incon- 
veniency and prejudice differ from them in the valuation and 
rates of foreigne coine. Therefore, if wee should suspend that 
matter about the coine, till wee can see or understand what 
meth[~o<&: or steps] they will take in that Province, I hope 
H.M. and your Lordsh[i/>s will pardon] us. I do not give your 
Lordships this intimation by any order from [the Colony], but 
as my owne sentiments, etc. Signed and endorsed as preceding. 
Holograph. Edges torn. 1 p. [O.O. 5, 1264. No. 91; anid 
5, 1292. pp. 189-191.] 

Dec. 5. 23O. Same to Same. Your Lordships' letter of May 7, 1707 
Newport on came not to my hands till the latter end of July last, upon 
Rhoad Island. tho reciept wne reof, with the advice of H.M. Councill of this 
Colony, I caused the Act of Parliment for the Union of the 
Kingdoms to be published in the towne of Newport, the Metro- 
polis of this H.M. Colony, at the same time causing the Milissia. 
of the Island to be in armes for the greater solemnity thereof, 
and after the publication concluded the same with three vollies 
of small armes, and the discharge of what cannon wee had 
att ye Fort and Towne, which was seconded with loud acclama- 
tions of joy, etc. In October last, it being the first meeting 
of the Generall Assembly after the reciept of your Lordships' 
letter, I communicated the same to them, who ordered me to 
give you the best information I could in answerr etc. (1). As 
to the state of this H.M. Colony, since the present war, it has 
ple&sed the Almighty thro' his infinite mercy and goodness 
(upon our indvours) to preserve us from the assaults of the 
common enemy, tho' not without great charge and oxpence, in 
keeping watches and wards upon the sea coast, and scouts upon 
the land side into the cuntry, our lying so open to the assaults 
and attempts of the enemy by sea doth also occation often and 
frequent alarums, which doth also create great charge. This 
Colony are also at considerable charge and troble in maintaning 
(during ye summer season) a cota of men at Block Island for 
the defence thereof. I presume your Lordships is fully informed 
of cur frequent expeditions by sea, in order to secure our coast 
from being infested with the enemy's privateers, haveing in our 
last given a full account thereof, as well as our great charge 
in assisting H.E. Col. Dudly in his expedition to or against 
Port Royall. Wee had frothing material! that hapned the last 
summer, save one expedition on Sept. 8, upon intiligetice given 



AMERICA AND WEST INDIES. 173 

1708. 

me by an express from Martin's vinyard of a privateer that had 
taken a sloop and chased a briganteen on shbare upon said 
Island. I dispatched (within 3 howrs) two sloops under the 
command of Major William Wanton and Capt. John Cranston. 
The enemy fearing our sudden expedition (they being wnll 
acquainted of our dispatch upon such occations) burnt his 
prize and made the best of his way into the sea, so as our 
people could not get any sight of him, tho' they made pursuit 
after him about 24 howres that way, which they was informed 
he directed his course. (2). As to the strength and defence 
of this Colony, it chiefly consists (under the Providence of 
God) in our good look-outs, our expedition [by sea], and in our 
milissia, the which consists of all mails from 1 [16 to] 60 years 
of age, who are obliged, at theire owne charge, to be [always 
provided with a good firelock, musket or f usea, a sword or bagonet, 
[catouch box] with one pound of good powder, and 41b. of 
bullets, who are to [be ready upon] any alarrum, or other ex- 
petion or service, to repaire to theire ensign fs at their] respective 
/places of randisvouse, to attend such orders as they shall 
r[ecieve] from theire superier officers, etc., the which obligations 
and orders is u[pon all occasions'] very chearfully and readily 
obeyed and complyed with, so that what is [before premised,] 
in our Milissia consists the strength of [this Colony it ftgm<y 
impossible for us to forti]fi.Q ourselves so as to keep an enemy 
[/rom enlring into our Bay and rivers, or to obstruct] there 
landing in most places in the Co\[ony, tho' we have a small 
fort upon an Island] that covers the harbour of Newport, 
whi[c/*J is mounted with 1 15 pieces of ordnance from] 6 to 9 
pound ball, and is a security [to our navigation and the aforesaid 
town against] any small force. (3). As to the administration 
of Justice, wee have two generall courts of tryalls, which is on 
the last Tuesday in March and the first Tuesday in September 
annually, att which Courts are tryed all actionall and crimonall 
causes hapning within said Collony, where the Laws of England 
are approved of, and pleaded, to all intents and purposes, 
without it be in some perticuler acts for the prudentiall affaires 
of the Colony, and not repugnant to the Laws of England'. 
(4). As to the number of inhabitants, etc., I enclose a list in 
as truo and exact a manner as I could procure it from the 
severall townes. (5). As to trade and ships etc., I enclose a 
list. (6). As to what commodeties exported from this Colony 
to England, and 'how said Colony is now supplyed with any 
manufacturies that it was wont to be supplyed with from Eng- 
land, this Colony niver had any direct trade to or from Engiland, 
nor any supply directly from thence, but what commodeties any 
of the * inhabitants have had to export for England, hath bin 
exported by way of Boston, where there returns are also made, 
and from whence wee have and are cheifly supplyed with the 
manufactury of England, and it is computed that not less then 
20,000 in cash hath bin annually (for some years past) remitted 
from this Colony to Boston upon that account. (7). As to the 
methods taken to prevent illegall trade, wee have a Collector and 



174 COLONIAL PAPERS. 

1708. 

Controler ;of H.M. Customes isetled by the Hon. the Commissrs. iin 
this Colony, and a navell officer by the Governer, who take all 
due methods and care they can by serening and inspecting 
the severall cargoes imported, and putting the severall masters 
upon theire oaths, etc. Wee have had no trade to any place 
but Corrico that could give us any suspicion of illegal! trade, 
but that trade is at present wholy laid aside by our traders, 
so that I know of no other place that they have any trade 
to or from that can give us grounds to suspect any fraud. Your 
Lordships may assure yourselves that all due methods will be 
taken, as there may be occation, to prevent and suppress any 
illegall trade, that may hereafter be managed by any of our 
traders, and that what orders wee shall at any time recieve from 
your Lordships will be punctually and duly observed etc. (8). 
As to the number of vessels built in this Colony, wee are not 
capable to informe your 'Lordships, by reason there hath bin 
no list ever kept till since the Act for registring hath bin in; 
force, from which time you have an exact account in the inclosed 
list. (9). As to the increase or decay of the trade of this 
Colony of late years, [it cTjoth appeare that about 20 years past 
wee had not above 4 or 5 vessels that did belong to this Colony, 
wch. hath since gradually increased to 29. The reason of which 
increase (as I apprehend) is chiefly to be attributed to the, 
inclination the youth on Bhoad Island have to the sea ; the 
land on said Island being all taken up and improved in small 
farmes, so that the farmers, as theire families increase are 
compePd to put their children to trades, but their inclinations 
being mostly to navigation, the greater part betake themselves 
to that imployment, so that such as are industrious and thrifty, 
as they get a small [stock beforehand, improve it in getting part 
of a vessel, as~] many of the tradesmen [in the town of Neivport 
also doth for the benefit of their clhiMren that are bred to 
navigation, in which town consists the Chiefest of our navigation, 
not above 2 or 3 vessels belonging to all the Colony besides.'] 
One other cause of the increase of our trade is, that it has 
pleased God to protect them from the hands of the enemy, so 
that they have not lost above two or three vessels taken this war, 
they being light and sharp for runners, so that very few of 
the enemy privateers in a gaile of wind will rong or outsaile 
one of our laded vessells. The Colony is putting the severall 
acts of Assembly in a method for the press, as soone as it 
can be accomplished will not faill in sending your Lordships 
a copy of the whole, and will according to your Lordships' 
command transmit yearely accotts. of there administration, and 
additionall Acts of Assembly as opertunity will present. Thus 
may it please your Lordships you have the most exact and 
imperciall account I am capable of giveing you at this time, 
tho' my plaine and homely method of wrighting may not be 
so acceptable and intiligable to your Lordships as it ought to 
bee ; yet I will depend so far upon your Lordships' goodness, 
that you will pardon my rudeness therein, and accept my 
good will and inclination to serve H.M. and your Lordships 



AMERICA AND WEST INDIES. 175 

1708. 

with all faithfullness and integrity, to the best of my capasity 
and abillity, and that you will believe me to be H.M. loyall and 
dutifull subject. Signed, Saml. Cranston. Endorsed, Reed. 23rd 
May, Read Dec. 12, 1709. Holograph. 2| pp. Edges lorn. 
Enclosed, 

230. i. List of Inhabitants of Rhode Island, Dec. 5, 1708. 
Totals: Freemen, 1015; Militia, 1362; White servants, 
56 ; black servants, 426. Total inhabitants, 7181. There 
was no list of inhabitants ever taken before. The 
Milissia hath increased since Feb. 14, 170f, the number 
of 237. Signed, Saml. Cranston. 1 p. 
230. ii. Number of vessels built in Rhode Island 16981708; 
Ships, 8, briganteens, 11, sloops 84. Belonging to 
Rhode Island, 1708 ; briganteens, 2, sloops, 27. Exports 
to Jamaica, Barbados, Nevis, Antigua, St. Kitts, Mont- 
serrat lumber, beef, pork, butter, cheese, onions, horses, 
candles, cider. Imports thence, shuger, molasses, cot- 
ten, ginger, indico, piemento, rum, English goods, both 
wollens and linnins, sweeds, and Spanish iron. Exports 
to Bermuda, Bahama Islands, and tfie Salt Islands 
(Salt Tertudoes and Turks Islands) rum and pro- 
visions. Imports thence, salt, and, from Bahamas, 
braziletto. Exports to Carolina, Rum, sugar, mo- 
lasses, butter, cheese. Imports thence, Rice, pitch, 
pork, peltry, walnut wood, bearskins and deerskins. 
Exports to Virginia and Maryland, Rum, molasses, 
butter and cheese. Imports thence, pork, wheat and 
English goods. Exports to Pensilvane, Jarseys, and 
New Yorke, Rum, butter, cheese and money. Imports 
thence, flower, wheat, bisquet, drest leather and bacon, 
and (from New York) rigging. Exports to Connecticut, 
rum, shuger, molasses, New England iron. Imports 
thence, grain, flax, pork, boards, tar, pitch, turpentine, 
rosin. Exports to Massachusetts Bay, butter, cheese 
and money. Imports thence, all sorts of European 
commodities. Exports to Madera and Fyall, shoes, 
wheat, Indian corn, wax and money. Imports thence, 
wine. Exports to Surinam, provisions, butter, 
cheese, onions and horses. Imports thence, Molasses. 
Exports to Curacoa, provisions, boards, butter, cheese 
and onions. Imports thence, pieces of eight, salt, and 
caccao. Number of seafaring-men belonging to Rhode 
Island, 140. Signed, Saml. Cranston. Endorsed as 
letter. 1 p. [C'.O. 5, 1264. Nos. 92, 92.i.,ii.; and 
(without enclosures) 5, 1292. pp. 192-199.] 

Dec. 8. 231. Earl of Sunderland to the Council of Trade and Plan- 
WMtehall. tations. Encloses petition of Bermuda for the removal of Mr. 
Jones from the employment of Secretary and Provost Marshall. 
You are to hear their Agents upon those complaints which they 
alledge have not been fully heard, and report thereon. I am 
also commanded to refer to your consideration a petition of the 



176 COLONIAL PAPEBS. 

1708. 

Island for leave to load and unload their vessels in the country, 
eto. Signed, Sundjerland. Endorsed, Eecd. 9th, Read 13th Dec., 
1708. 1 p. Enclosed, 

231. i. Deposition of Justices of Bermuda that Governor 
Bennett never did insinuate and direct us to pro- 
pose to our Tribes or Parishes any particular 
person to he a Mtember of Assembly. Signed, George 
Darrell, Danl. Jonson, Eobert Burchhall, Saml. Sher- 
lock, Willm. Tucker, Wm. Outerbridge, Eichd. Gilbert, 
Francis Jones, Tho. Burton, John Dickinson, Henry 
Tucker, f p.' 

231. ii. Deposition of Charles Minors that Lt. Governor Ben- 
nett has not received or demanded any of the fees 
or perquisites of the Secretary's Office. Nov. 20, 1707. 
Signed, Cha. Minors. Sealed. 1 p. 

231. iii. Petition of Council, Assembly, Judges, Justices, Offi- 
cers and Inhabitants to the Queen, praying that Mr. 
Jones may not be restored to his Offices in the Island. 
460 signatures. Endorsed), Eecd. 9th, Eead 13th Dec., 
1708. Seal. 3 large pp. sewn together. 
231. iv. Same to Same. Pray that they may not be restricted 
to loading and unloading their ships and vessels at the 
Town or Castle Harbour at St. Georges. This In- 
struction w>s intended in the time of the Proprietors 
to secure them the duty of Id. per Ib. on Tobaccoy 
which was then made in great quantitys. Lately, the 
land is so extreamly impoverished that it will not 
produce tobacco as formerly, and the inhabitants do 
not plant it, it being much cheaper to buy from Vir- 
ginia. But they still labour under the same Instruction, 
"which hathj in a great measure already and if con- 
tinued will be the utter ruin of the unhappy Petitioners, 
whose subsistance is chiefly by navigation." The chief 
product of the Island is provisions, but not more than 
f-ths. of what is required, their small vessels supplying 
the rest, which for want of commodities here, generally 
go from hence empty to the Salt Ponds, and bring salt 
here to be landed in their store-houses, till they have 
an opportunity of transporting it again (it being at 
such a time of year that they cannot carry it to the 
Northern Plantations) and then return to the Salt 
Ponds for another load, which tihey carry to Carolina, 
Eoanoak, Virginia, Maryland, Pensilvania, New York, 
and New England, and bring back Indian corn, bread, 
flower, pork, etc. They must be ruined if they cannot 
land at their own store-houses (which are a great 
distance generally from the harbours), and having no 
conveniency of land-carriage, are obliged to transport 
everything in small open boats. The inhabitants not 
dwelling in towns as in England, but everyone on 
his little Plantation most persons haveing a convenient 
harbour for boats near their own dwellings. In the 



AMERICA AND WEST INDIES. 



177 



1708. 



Dec 8. 

Whitehall. 



Dec. 9. 



Dec. 9. 

Ciaven 
Reuse. 



Dec. 9. 

Whitehall. 



Dec. 11. 

St. James's. 

Dec. 11. 

Ci aven 
House. 



Dec. 11. 

Ciaven 
Hcuse. 



beginning of the winter, before the salt season comes on, 
our vessels do transport hence great quantitys of cab- 
bages, and at ot|her times onions (which the poorer 
sort of people do plant) to several parts of the West 
Indies, and return from thence with English goods, 
sugar, rum, mellasses, and cotten, of which last a great 
part of our apparel is made; all which must also be 
unloaded in one of the aforemention'd harbours. Such 
perishable exports as cabbages and onions must be 
loaded near where they grow etc. 462 signatures. En- 
dorsed as preceding. Seal. 3 large pp. sewn together. 
[C.O. 37, 8. Nos. 73, 73.i.-iv. ; and (without enclos- 
ures) 38, 6. p. 432.] 

232. Council of Trade and Plantations to the Earl of Sun- 
derland. Enclose loyal Address from the Governor and Council 
of Antigua to H.M. [C.O. 153, 10. p. 246.] 

233. Lords Proprietors of Carolina to the Council of Trade 
and Plantations. Reply to Nov. 10. This was not done by 
any order from us : But the Secretary and Attorney General 
of Our Province are coming over by this Virginia Fleet, which' 
is now daily expected, and immediatly after their arrival, we 
shall lay the whole grounds of tlhe premisses before your Lord- 
ships. Signed, Craven, Palatine ; Beaufort, M. Ashley, J. Colleton, 
John Danson. Endorsed, Eecd. Read Dec. 10, 1708. Addressed. 
Sealed. 1 p. [C.O. 5, 1264. No'. 52; and 5, 1292. p. 70.] 

234. The Lords Proprietors' Commission to Edward Tynte, 
Governor of N. and S. Carolina. Set out, N.C. Col. Rec. I. 
694. [C.O. 5, 289. pp. 158-160.] 

235. Council of Trade and Plantations to the Earl of Sun- 
derland. Since our Representation (Dec. 1), we have received 
a letter from the Lord Cornbury (Aug. 20) wherein many things 
are .contained, showing the advantage and facility of expelling 
the French out of Canada ; which being of the like nature with 
what has been proposed by Capt. Vetch, we inclose an extract, 
'which your Lordp. will please to lay before H.M. with our 
aforesaid Representation. C.O. 5, 1121. p. 355.1 

236. H.M. Warrant for Francis Phipps to be of the Council at 
St. Christophers. [C.O. 5, 210. p. 123.] 

237. The Lords Proprietors' Commission and Instructions 
for Edward Hyrne, Naval Officer of S. Carolina. Signed, 
Craven, Palatine, Beaufort, M. Ashley, J. Colleton, J. Danson. 
[C.O. 5, 289. pp. 156, 157, 193.] 

238. The Lords Proprietors' Commission and Instructions 
to William Saunders to be Attorney and Advocate General for 
South Carolina. Signed, Craven, Palatine, Beaufort, M. Ashley, 
J. Colleton, J. Danson. [C.O. 5, 289. pp. 161, 185-187.] 

Wt. 11522. C P 12 



178 



COLONIAL PAPEES. 



1708. 
Dec. 11. 



Dec. 11. 

Craven 
House. 



Dec. 11. 

Craven 
House. 



Dec 13. 



Dec. 13. 

Kingston. 



239. The Lords Proprietors' Commission and Instructions 
to Nathaniel Sale to be Eeceiver General of South Carolina. 
Signed as preceding. [O.O. 5, 289. pp. 161, 188-190.] 

240. The Lords Proprietors' Commission to the Honble. 
Eobert Gibbs, Esq. to be Chief Justice of South Carolina. Signed 
as preceding. [O.O. 5, 289. pp. 208, 209.] 

241. Sir John Colleton's Patent for 4423 acres in Carolina, 
Mulberry Plantation, upon the Western branch of Cooper Eiver. 
Signed, Craven, Palatine ; Beaufort, M. Ashley, J. Colleton, 
J. Danson. Dec. 11, 170| (sic). [O.O. 5, 289. p. 204.] 

242. Col. John Frere to the Council of Trade and Plan- 
tations. Son of the late Tobias Frere, petitioner is a J.P. of 
Barbados, Col. of the best regiment of horse and was bred and 
born there, etc. Prays to be appointed Councillor in place of 
Col. Eichard Scot, who has been 5f years absent from hjs 
post. Endorsed, Eecd. Eead Dec. 13, 1708. f p. Enclosed, 

242. i. Certificate in favour of Col. J. Frere. Signed, Eob. 

Lowther, Eob. Heysham, Eichard Diamond, Eichd. 
Tilden, Edw. Lascelles, Jos. Mayne, Matt. Matson, 
Manasses Gilligan. 1 p. [O.O/ 28, 11. Nos. 41, 
41.i. ; and 29, 11. pp. 347-349.] 

243. Tho. Mitchell and Eichd. Basnet to Mr. Milner and 
Mr. Morris. Opinion of the Planters and Merchants of Jamaica 
on the African Trade. The attempts of the African Company 
to get the wholesale trade to Guinea into their own hands ex- 
clusive of all ye rest of ye Queen's subjects, has put us under 
ye apprehensions of being thereby intirely ruined in this Island 
for want of negroes to supply and improve our Plantations. 
We have now many persons in ye Island that sell negroes on 
accott. of separate traders, and give considerable credit for 
them to the great benifit and improvement of our Plantations, 
and if we cannot purchase at a reasonable rate of one person, 
we can goe to another, but if ever this trade be put into ye 
hands of an exclusive Company, we shall then have but one 
person to purchase of, and must give his price, be what it 
will, or elce let our settlements goe to ruin for want of negroes 
to cultivate our land, which will not admit of the plow or 
anything elce, but a number of hands to improve it. When a 
Company or single person have ingrost any perticular trade 
intirely into their own hands, they will certainly endeavour to 
manage it soe as to yeild ye greatest proffit with ye least 
risque to themselves, whatever ye publick or any perticular 
place suffer by it. If the Affrican Company obtain an ex- 
clusive Act for ye Guinea Trade, ye fewer negroes they import 
into ye Colonies, the dearer they will be sold, and noe doubt 
they may raise them to 50 a peice, by not importing into all 
ye Plantations above 5000 head per annum, wch. if sold but 
at 40 per head, it's plain the Company will get as muoh proffit 






AMERICA AND WEST INDIES. 



179 



1708. 

as by importing 25,000 at 20. etc., etc., elaborated. Also, an 
exclusive company will deprive us of a great part of ye benifit 
we hope to reap by ye union, for that part of ye Kingdom 
formerly called Scotland will be intirely excluded from ye trade, 
and SOB will all other parts of H.M. Dominions except London, 
and therefore it cannot be supposed that ever ye Parliament 
will give up ye right which all ye people of Great Brittain 
and ye Plantations have to this trade into ye hands of a monopo- 
lizeing Company to ye destruction of ye Colonies and general 
damage of ye whole Kingdom, etc. Endorsed, Reed. 8th, Read 
9th Feb. 170f. 2 pp. [(7.0. 388, 11. No. 111.] 

Dec. 14. 244. Council of Trade and Plantations to the Queen. Col. 

Whitehall. Richard Scot, one of the Council of Barbadoes, having been near 
six years in this Kingdom, and having from time to time promised 
your Majesty's late Commissioners for Trade to return to his 
post, and having lately declined attending us in order to our 
being informed of his final resolution, we are humbly of opinion 
that it is not for your Majesty's service that the Counsellors 
should be permitted to be so long absent from their duty, and 
therefore offer that your Majesty dismiss him and appoint John 
Frere (Dec. 13) in his stead. [O.O. 29, 11. pp. 350, 351.] 

Dec. 14. 245. Council of Trade and Plantations to Governor Parke. 

Whitehall. Acknowledge letters of Aug. 23, 24. We shall take into con- 
sideration the list of negroes imported, which you have sent us, 
but you have not fully observed the directions we gave you, 
Aprill 15, to consult some of the principal planters and inhabi- 
tants within your Government touching the negro trade, and 
particularly what number of negroes they might think necessary 
for the annual supply of the Leeward Islands ; this therefore we 
expect you will do by the first opportunity. As to your refusing 
to swear Mr. Perry, who was chose one of the Assembly, for 
not being a freeholder, we can only say, that where there is 
no law to direct in any particular case, then we think it 
safest for you to follow the antient custome of the Island, and 
we think that the Assembly is the proper Judge of the qualifi- 
cation of their own Members. None of the complaints which 
you mention have jet been laid before us. When they shall be, 
we shall then consider the answers you make thereunto. In 
the meantime, we can only assure you that no impressions to 
your prejudice will be made upon us, till you have been heard. 
We have considered the Bill past by the Assembly of Antegoa, 
for ascertaining and declaring the elections of Representatives, 
etc., as also the Bill drawn up by the Councill. The Lt. 
Governor and Councill were muc'h in the right in not passing 
the Assembly's Bill, which is of such a nature as wou'd not 
have been approved by H.M. As to the Bill prepared by the 
Councill, we have this observation to make, that in the clause 
which appoints the method and time for chusing Assembly 
men, there ought to be a direction that due and reasonable 
notice, of the respective days of election be affixed in the most 



180 



COLONIAL PAPERS. 



1708. 

publick places of the Island. We must further take notice that 
the last clause, relating to the Assembly's right to hear greivances, 
ought to be omitted, for we find that an Act that was past 
at Barbadoes, relating to the Election of Eepresentatives, having 
the very same clause in it, was for that and other reasons re- 
pealed. What we writ you, June 25, concerning seizures, did 
arise from what you had writ Oct. 22, 1707, quoted, so you 
may sec- that what wee writ was not without ground. We shall 
expect your answer to the third and fourth paragraphs of 
. [y]our letter of June 25 relating to the Acts for quartering of 
soldiers etc., and to getting of a law past for the better regulating 
of Courts. When you transmit to us the list of Patent places 
which we have writ to you for, we desire you to inform ( us 
whether there be an oatlh. of office annexed to any of the 
said places, and if so, whether the Patentees have taken that 
oath or no. [C.O. 153, 10. pp. 247-250.] 

Dec 15. 246. Hans Hantenaar to the Directors of the Dutch West 
[N.S.] India Company. Signed, Hans. Hantenaar. With enclosures. 
Middelburgh. Dutch. 2 pp. [C.O. 116, 20. Nos. 16, 16. i. //.] 

Dec. 15. 247. The Council of Trade and Plantations to Governor 
Whitehall. Handasyd. Acknowledge letter of Sept. 24. As to Mr. Whit- 
church's petition, H.M. having declared her pleasure in that 
matter, we shall add nothing more thereupon. Your care in 
getting private intelligences is very commendable, and tho your 
reasons for not laying before the Assembly your disbursments 
upon that account be good, yet we doubt not but you know 
where and how to make the proper application here. It was not 
for any disregard to your recommendation that Mr. Francis 
Oldfield was not put into the Councill, but upon account of 
others standing before him upon our lists, who were equally 
well qualifyed, but as we writ you, Nov. 25, Mr. Oldfield being 
now the first person upon our list, we shall be mindful I of 
him upon the first vacancy. We have considered what you 
write about Mr. Totterdale's behaviour towards the Attorney 
Generall, and do think the Court ought to have asserted its 
own authority in punishing any contempt in Court, which power 
is incident to every Court of Justice. We shall expect an 
account of the tryal of the ship which you say was seized for 
the Queen for having been taken without a legal Commission. 
The reason for restoring Mr. Barrow to the practice of the 
Law in Jamaica was, that Mr. Barrow having been once ad- 
mitted by the Courts, he has an undoubted right, and ought 
to enjoy the liberty of practicing as a lawyer till convicted 
of such misbehaviour in his said practice as shall amount to a 
forfeiture of such right. Upon the receipt of your foremen- 
tioned letter, we immediately gave notice to the Admiralty of 
what you writ in relation to the Jamaica fleet coming home ; and 
we received an answer from thence that care was taken therein 
and some ships of war gone out to meet them. In your letter 
transmitting the account of Negroes you have ommitted to 



AMERICA AND WEST INDIES. 181 

1708. 

acquaint us whether you had consulted the principal Planters 
and inhabitants in your Government, relating to the Negroe 
trade, and particularly what number might be annually necessary 
for the supply of Jamaica. We therefore desire that you will 
consult the said inhabitants and Planters upon this matter, and 
that you do acquaint us therewith by the first opportunity. 
We desire you to inform us whether there be an oath of office 
annexed to any of the patent places, and if so, whether the 
patentees have taken that oath or no. [C.O. 138, 12. pp. 350- 
352.] 

Dec 15. 248. Council of Trade and Plantations to Governor Crowe. 

Whitehall. Acknowledge letter of Aug. 18. What we writ in relation to 
the dissolution of the Assembly, was occasioned by what you 
had said, March 1, which not being so clearly expressed as it 
ought to have been, we were thereby misinformed. If they did 
sit out their full time as limited by their Act, you are no ways 
blamable in that matter. We are in hopes that the Assembly 
will raise the necessary funds for compleating of Fort St. Anne, 
which, if they do, will be of good service. You acquaint us 
that most of the publick accounts are stated ; we shall expect 
that you transmit to us copies thereof as soon as possible. 
As to what you write about two convoys a year for the trade 
of Barbadoes, that matter being before H.M. by an Address 
from the Assembly, if H.M. be pleased to refer the same to 
us, we shall then report our opinion thereupon. In the mean- 
time we shall only say, that if the circumstances of the war 
would permitt, it seems a thing desireable, but at present we 
fear it will be difficult to obtain. In answer to what you write 
that the Act for incouraging the trade to America has taken 
from the Governors the power of pressing seamen for H.M. 
service, [which] will occasion several inconveniences, we can 
only say that there are such provisions in the Act for this 
matter, that we hope the same will answer the end. In the 
list of Patent Offices which you have sent us, you have not 
mentioned the Secretary's Office, nor told us the value thereof, 
which we expect therefore you will do by your next, its also 
that you inform us whether there is an oath of office annexed 
to any of the said offices, and if so, whether the Patentees 
have taken that oath or no. We have received, (Aug. 18) the 
Address from the Assembly to yourself, and observe that they 
complain that the deposit money, and other grievious extortions 
in the Register's Office of the Court of Chancery are not yet 
refunded : nor the symoniacal dispositions of the Church livings 
in Sir B. Granville's time inquired into. These are things 
which you ought to have done, arid which therefore we shall 
expect from you. In your letter transmitting the account of 
negroes, you have omitted to acquaint us whether you had 
consulted the principal Planters and inhabitants in your Govern- 
ment relating to the negroe trade, and particularly what number 
might be annually necessary for the supply of Barbadoes, we 
therefore desire that you will consult the said inhabitants and 



182 COLONIAL PAPERS. 

1708. 

planters upon this matter, and that you do acquaint us therewith 
by the first opportunity. We observe that one of the matters 
contained in the charge against you is, that you gave way to 
the Assembly's ordering the Treasurer to dispose of publick 
monies to be laid out in presents; which we look upon to be 
contrary to your Instructions, and a practice which you ought 
by no means to have allowed. P.S. Since our writing the 
above letter, we have receved one from Col. Sharp, Mr. Walker, 
and Mr. Beresford, dated Oct. 11, transmitting to us their 
remarks upon the Assembly's Address to you against them, which) 
reminds us what you writ, Sept. 6, that you will transmit your 
answer to their complaints by the first oppotunity, and we 
cannot but take notice that the packet-boat which sailed from 
Barbadoes Sept. 25, and the ship which- brought us the above- 
mentioned letter of Oct. 11, are two opportunities you have 
omitted. By the first you had 17 days from the date of the said 
letter, and by the last 35 days to make your answer. The charge 
against you being of so high a nature, and which, you knew 
was sent over to us in order to it's being laid before H.M., 
it is very extraordinary you did not think yourself enough 
concern'd to make your answer in that time. [C.O. '29, 11. 
pp. 352-356.] 

[Dec. 16.] 249. The present state of the Tobacco Plantations, etc. 
Before the present war, France and Spain annually took off near 
20,000 hhds. of Virginia and Maryland tobacco; but of late 
both those Kingdoms have been otherwise supply'd. The troubles 
in Sweden, Poland, Russia, etc., have prevented the usual ex- 
portations of great quantities of tobacco to those parts. Virginia 
and Maryland have severely felt the loss of such exportations, 
having so far reduc'd the Planters that for several years past 
the whole product of their tobacco would hardly clothe the 
servants that made it, notwithstanding the ready and earnest 
endeavours of the Lords Commissioners of Trade, etc., to prevent 
such mischiefs, and encourage the tobacco-trade. This hath 
produc'd two effects. (1) Some, in hopes of better success, 
have continued planting till they have run themselves so far 
in debt that they have been forc'd to sell part of their land 
and servants, to secure the rest. (2). Others, out of meer 
necessity, have fallen into the manufacturing of woollen, cotton, 
flax, leather, etc. Which they have brought to such perfection, 
that four whole counties, and part of several others, not only 
clothed themselves, but sold great quantities of the same manu- 
factures to other neighbouring counties. These Plantations of 
Virginia and Maryland, in times of peace, yearly, (and in the 
war, in fleets) have taken off not less than the value of 300,000 
sterl. in the woollen and other manufactures of this Kingdom; 
and, in return, send the product of their labour, tobacco; 
which pays annually to the Crown above 400,000 Customs, ex- 
clusive of what is drawn-back, by debenture, on exportation. 
Wherefore it is humbly hop'd, a general liberty, and further 
encouragement may speedily be given for the exporting of to- 



AMERICA AND WEST INDIES. 183 

1708. 

bacco. and all other products of the Plantations, and manu- 
factures of Great Britain not counterband, for France, etc., 
to prevent the impending ruin of the Plantations, and regain 
the advantagious trade of sending the woollen and other manufac- 
tures of Great Britain to those Colonies, which otherwise must 
annually decrease. Note. The establishing of woollen and other 
manufactures in America will not only lessen the planting 
tobacco, but consequently very much diminish the revenue and 
navigation of this Kingdom. Endorsed, Becd. Read Dec. 16, 
1708. Printed. 1 p, [C.O. 5, 1316. 2Vo. 8; and 5, 716, 
No. 55.] 

Dec. 17. 25O. Attorney General to the Council of Trade and 
Plantations. Report upon Act of Nevis (1704) for es- 
tablishing of Courts, etc. (Of. Aug. 24, 1708). I am of opinion 
that the said Act is not in all respects such' as ought to be 
allowed of by H.M., notwithstanding there be in it very many 
u^efull clauses; for, in the first place, tho' it be very fit 
to have sucji a number of judges as are therein constituted, and 
it .may be convenient that they should be appointed by the 
C. in C. of the Leward Islands, yet it will be certainly better 
for the Crown to have it still in their power to direct hjow 
they shall be commissionated from time to time; For H.M., who 
is the Fountain of Justice, ought alwayes to have it in her 
power to appoint who shall be judges ; and tho for her ease 
she often delegates that power to her Governors in Chief, yet 
it may not be convenient to have that power annexed to the 
office of C. in C. by an Act of Assembly, especially when the 
Act gives the judges as ample powers and jurisdictions as the 
judges in Westminster Hall have in their respective Courts in 
England, without reserving liberty of appeal to H.M. here in 
England. In the next place it is in my opinion not fitting to 
fix the Courts to be holden at any one particular place; for 
tho Charles Town be the most convenient place at present for 
such Assemblies to be holden at, yet it may be visited with 
a plague, or may be in the possession of enemies or rebells ; 
and tho' it's said the power of adjourning the said Courts shall 
be discretionary in the judges, yet it may be questioned here- 
after whether it be left to their discretions to appoint another 
place for holding the Courts by adjournment, it not being said 
in the Act that they may adjourn to such, other places as they 
shall think fitt. Thirdly, 'tis enacted that all actions shall be 
enter'd in the Secretarye's Office 10 dayes before the holding 
such respective Courts, and the Plaintiff must give the Deft., 
or his Attorney copyes of "his charge within 3 dayes after the 
entring dayes are over, when perhaps the Deft, has not appeared, 
and is not to be mett with. Fourthly, the summons for to 
compell Defts. to appear is to be issued forth by the judges, before 
whom there is no cause depending; for the actions are to be 
enter'd in the Secretarye's Office, and from thence the summons 
ought to issue and be made returnable before the judges as our 
originall writs are, which are taken out of Chancery and made 



184 



COLONIAL PAPERS. 



1708. 



Dec 17. 

Whitehall. 



Dec. 18. 

New York, 



returnable in the Queen's Bench or Common Pleas. Fifthly, 
it sayes the Deft, or his Attorney must be summoned full six 
dayes before the sitting of the Court, and served at the same 
time with a copy of the Plaintiff's declaration, which restrains 
the serving process within the compass of 3 dayes, for the copyes 
of the charge must not be delivered till after the entring dayes 
are over, and the entring dayes continue till within 10 dayes 
of the sitting of the Court; so that, if the summons must be 
served, and the copy of the declaration must be delivered six 
dayes before the sitting of the Courts, there cannot be more than 
three or four dayes for finding out the Deft. But to ease 
this difficulty 'tis enacted, sixthly, that leaving a note at the 
usuall abode of the Deft, shall be as effective as a personall 
summons ; and if a Deft, be absent from ye Island, having 
made no Attorney, his effects in the Island shall be as lyable 
to the Plaintiff's suit as if the Deft, had appeared, that may be 
hard on the Defts., since their effects can't make the defence 
that might be made by the party himselfe. Seventhly, 'tis 
enacted that issues shall be tryed the same Court they are 
pleaded, which may be very inconvenient to both partyes, for 
perhaps neither of their wittnesses may at that time be forth- 
coming. Eighthly, it requires the appraisers, that appraize goods 
upon an execution, to be sworne by the Judge that signed the 
execution, or in his absence by the next to him in Commission, 
wch. restrains the giving such oathes to two Judges, whereas 
the officer, that is entrusted with the execution, may administer 
such an oath as well as any judge. Ninethly, 'tis enacted that 
all fees belonging to any officer of any of ye Courts are to 
be levyed by attachmt. to be signed by ye first judge on ye 
Bench without any other suit, woh. may encourage ye officers 
to exact ffees of ye suitors ; therefore upon ye whole I am 
of opinion that this Act ought not to be established one of 
ye Laws of ye said Island. Signed, Ja. Mountague. Endorsed, 
Eecd. Read Dec. 20, 1708. 4 pp. [(7.0. 152, 8. A 7 o. 2; 
qnd 153, 10. pp. 250-254.] 

251. Council of Trade and Plantations to the Earl of Sun- 
derland. Recommend Mr. Christopher Rhodes for the office 
of Secretary of one of the Plantations when a vacancy occurs, 
he, being a person of good capacity and integrity, having given 
a general satisfaction as Secretary to the Nevis Commission, 
and having been bred up in business etc. [C.O. 389, 36. py. 
372, 373.] 

252. Governor Lord Lovelace to the Council of Trade 
and Plantations. I do myselfe the honour to acquaint your 
Lordships that I very happily arrived here this morning, having 
been 9 weeks and odd days in my passage, the Kinc/sale in which 
I came, being separated from the fleet, got into "Buzard's Bay 
in New England, and getting pilots there, gained our passage 
through the Sound between Long Island and the Main, and 
landed at Flushing. I do not yet hear of the arrivall of any 



AMEKICA AND WEST INDIES. 



185 



1708. 



Dec, 18. 

Whitehall. 



Dec. 18. 

Admiralty. 
Office. 



Dec. 18. 

London. 



Dec 18. 

Whitehall. 



other ship of our fleet, except the Unity, which struck on the 
Bank at Sandy Hook. She was left by all her seamen, but has 
since got off, and is gone to sea again. Wee have not since 
heard of her, but hope she is safe, having two good pilots from 
hence on board. Our winter sets in very hard, ye ports and 
rivers &re full of ice. I am in pain for the Germans and 
recruits on board the Globe, they wanting water, and the weather 
not permitting us to assist them. This coast is so terrible 
in the winter, I think no ship ought to be sent hither from 
England after August at farthest. Our poor seamen were so 
benummed with cold, that at last wee had but 25 men fitt 
to do any duty, and had not the soldiers whidh wee had on 
board assisted, the ship had been in great danger. I shall take 
care to send the dispatches I have for the severall Governours 
on the Continent, and to conforme myselfe to the severall 
Instructions I have received from your Lordships. Signed, 
Lovelace. Endorsed, Reed. 2nd, Read 4th April, 1709. 2 pp. 
[C.O. 5, 1049. No. 101 ; and 5, 1121. pp. 365, 366.] 

253. Mr. Popple to Mr. Burchett. Encloses extract from 
'Col. Jenings' letter, Sept. 20. The Council of Trade and Plan- 
tations desire to be informed whether any guard ship is ap- 
pointed for that service. Encloses extract from Governor 
Seymour's letter, complaining of his not having timely notice 
of the sailing of Commodore Huntingdon. As this may tend 
very much to the prejudice of the Maryland trade, should it be 
continued, I am to desire you would lay the said extract before 
the Lord High Admiral. [C.O. 5, 1362. p. 326.] 



Popple. Reply to preceding, 
rill 



254. Mr. Burchett to Mr. 

The Guardland is appointed a guardshipp for Virginia' and wil 
proceed on her voyage soe soon as the Trade is ready. I will 
enquire into the matter of Col. Seymour's complaint. Signed, 
J. Burchett. Endorsed, Reed. Read Dec. 20, 1708. Addressed. 
1 p. [C.O. 5, 1316. No. 10; and 5, 1362. p. 327.] 

255. Mr. Dummer to Mr. Popple. The Antego packett 
boate, which sailed Nov. 13th from Bristoll, had the misfortune 
on the 9th day following, 45 leagues N.W. of the Nor ward 
Cape, to meet with a French privateer etc., and was brought 
to St. Mallo, soe that all those dispatches which shee carryed 
outward were put overbord and lost. Signed, E. Dummer. En- 
dorsed, Reed. 18th Dec., 1708. Holograph. Addressed. Post- 
mark. 1 p. [C.O. 323, 6. No. 73.] 

256. W. Popple to William Perm. The Council of Trade and 
Plantations having long expected to be informed of what deter- 
mination you and the Lord Baltemore should come to in relation 
to the boundaries between Pensylvania and Maryland, and not 
having received any such account from either of you, they have 
commanded me to acquaint you that they shall be obliged to 
represent, the matter as it now lyes before them, unless you 



186 



COLONIAL PAPERS. 



1708. 

have some good reason to the contrary. Mem. The Lord 
Baltemore was spoke to by the Secretary to the same purpose. 
[C.O 5, 1292. p. 71.] 

Dec. 18. 257. Same to [John] Lloyd. The Council of Trade and 
Plantations command me to remind you of the promise you 
made them, July 6th, to give them a particular information 
of the trade you then mentioned to be carryed on between 
Carolina and Portugal, this their Lordships desire you would 
do as soon as possibly you can. [C.O. 5, 1292. p. 71.] 

Dec. 20. 258. Council of Trade and Plantations to the Queen. Pro- 
Whitehall, pose Philip Lynes, Thomas Addison, John Hall and William' 
Whittington to be of the Council of Maryland, they having been 
recommended by the Governor and by Col. Blakiston. [C.O. 
5, 727. pp. 108, 109.] 

Dec. 21. 259. Account of the taking of St. Johns, Newfoundland, 
by the French upon this day. See Dec. 3, 1709. 

Dec. 21. 260. Lt. Governor Usher to the Council of Trade and Plan- 
Boston, tations. Since mine in June lastt H.E. haveing reed, accott. 
of a body of French and Indians design'd from Canada to 
assault our frontiers, in Augtt. lastt was pleased to give me 
orders forthwith to repaire into Govermt. of N. Hampshire, to 
take care thereof. Upon my there ariveall, found people very 
secure and remiss. I sentt for Malitia Officers, enformed myself e 
of true state of places, forthwith gave outt orders for due 
scoutting and strict watching and warding. After had bin there 
some time, haveing setled all matters, with H E.'s leave re- 
turn'd to Boston, gave H.E. accott. of my procedeings, copy 
inclosed. For me to goe into the Province in time of greatestt 
hazard of my life by the enemy: expecting hourly to be at- 
tacked, to bare all my own charges and nott allowed one peny, 
and for the Treasurer to pay 20 for one Pickerin goeing to 
Boston to vissitt an Agentt, sentt by Assembly (George Vaughan) 
and nott- by Governor and Council!, leave itt wth. yor. Ldships. 
the respectt they have for Queen's comistion. I judge your 
Ldships. have a full acct. from H.E. of the attack by French 
and Indian enemys, whoe mett with a repuls, and loss of severall 
men, since wch. have butt litle mischeife done. In mine June 
lastt gave accott. of about 488 pd. by the Treasurer for one 
George, Vaughan for Agency, when in truth nott sentt by 
Governor and Councill, if he be an Agentt, wish he may shew 
his authority as soe, and give your Ldships. the Adress to the 
Queen, in wch. is onely setting forth there mindes relateing 
to the controversy betwene Mr. Allen and Walderen. I hope 
directions may be given yt. mony be nott raised of H.M. subjects 
for ,maintaining law suites under notion of Agency: for noe 
Agentts ever sentt, butt when case of Allen and Walderen by 
apeal wentt for Engd. H.E. is pleased to communicatt nothing 
to me from your board, haveing reed, noe lines from same, have 



AMERICA AND WEST INDIES. 187 

1708. 

nothing further to ad, salveing our country being on defencive 
partt are att greatt expence, while other Governmtts. sitt att 
ease, wish H.M. apointt a Vice-Boy over all thatt all Govermtts. 
may putt theire helping hand agtt. the publick enemy, and in 
case H.M. will be pleased to send and take Portt Boyall and 
St. Jno's, will be of great service to H.M. Kingdom in pro- 
moteing of fishery, and the cole mines; there incomes thereof 
will contribute greatly for suportt. Signed, John Usher. En- 
dorsed, Becd. 26th, Bead 28th March, 1709. Holograph. 1 p. 
Enclosed, 

260. i. Lt. Governor Usher to Governor Dudley. Aug. 30, 
1708. Yours 15th reed, att 9 a.m. to repaire into ye 
Province, forthwith wentt and ytt. nightt did gett to 
Hampton and sentt for Councill to sett. 16th Councill 
mett. I dispatched what was proper, and pressed a 
sloope to make discovery of aproache enemy by sea. 
Being in the Province enformed Major Smith had your 
commistion for Justice of Peace, Councill refuseing 
to give him the oaths, I sentt for him and gave his 
oaths in Councill. I thinck wrong in them in refuseing, 
find they are of a levelling spiritt. I gave accott. 
of Major Walton's neglectt of his duty, and contemptt 
both in words and actions. I confined him till your 
further order, and leftt the charge of fourtt with Lt. 
Atkinson. As to Capt. Puttman with his souldiors 
from Musathusetts posted att Portsmoth, in ease of 
an attack by ye enemy in any place, ytt he forthwith 1 
march to there releife. Alsoe gave orders to Col. 
Hilton in case of an attack, ytt. he marched with rest 
of Massathusett souldiors forthwith to there releife. 
As to Malitia of Province, had Col. Hilton, Major 
Smith, Capt. Phips and Capt. Coffin to consider of 
state of province and whatt to doe in this juncture of 
time. Advized to have a scoutt of 30 or 40 men for 
3 days outt and every town doe there partt accordingly, 
and for Capt. Coffin's troope, one halfe to be on con- 
stantt duty. According gave orders. Garisons in 
Hampton within the line of Province refuseing to doe 
there duty as warding and watching, gave orders to 
yeild obedience and doe there duty, and Capt. Green 
to take care thereof. I am sorry mustt say all places 
secure as if in Boston, neither watching nor warding 
when I came there. I wentt to Kittery, in case of 
an attack by sea upon the fourtt, to know whatt assist- 
ance from them mightt exspectt. Answered, none, they 
had noe orders, judge may nott be amiss to give orders. 
I laid an imbargoe on all vessells to secure men for 
the ffourtt, ytt. lasted nott 10 days, when I came away, 
ordered in the morning all . souldiors to apear, and 
apeared butt nine. For fear of an attack by sea, I 
did take my lodgings in the fourtt, gave directions to 
Treasurer provide all things necessary, butt the lodg- 



188 



COLONIAL PAPERS. 



1708. 



Dec 21. 

Whitehall. 



ings worse then my negroes, noe provistions laid in 
for me, and reed, nott Id. towards my exspence and 
charge, though 20 could be pd. outt of Treasury for 
one Pickerin to Boston. Haveing your leave to return 
to my family, called the Councill to know if had 
anything to offer for H.M. service. Answered, noe. 
Soe took my leave, etc. Signed, John Usher. Holo- 
graph. 1 p. [C.O. 5, 865. Nos. 13, 14; and (ivithout 
enclosure] 5, 913. pp. 61-63.] 

261. Mr. Popple to Mr. Perry. Refers to letters of Dec. 
18. H.M. S. Guardland is appointed, etc. The Council of Trade and 
Plantations have commanded me to signify the same to the 
merchants trading to Virginia, and to desire that they will let 
them know when thte ships designed to go with the said convoy 
will bo ready to sail. If the said merchants shall judge it neces- 
sary to have a briganteen as is proposed by Col. Joinings, it 
will bo proper that they make application to the Lord High] 
Admirall, etc. [C.O. 6, 1362. pp. 328, 329.] 



Dec. 22. 262. [ 



-?] to Thomas Hopkins. Prays for a respite 



in the hearing of Mr. Skene's case, referred back to the Council 
of Trade Sept. 20., etc. Addressed. 1 p. [C.O. 28, 38. No. 75.] 

Dec. 23. 263. Masters of ships to the Council of Trade and Plan- 
tations. Mr. Skeen, Secretary of Barbados, was never guilty 
of extortion, etc., such as he is charged with. 12 signatures. 
Endorsed, Eecd. Dec. 23, Eead Jan. 3, 1708(9). 1 p. Enclosed, 
263. i. Certificate by 3 of the above-mentioned masters. Mr. 
Skeen acted in accordance with custom and did not 
exact exorbitant fees, etc. Dec. 23, 1708. 1 p. \C.O. 
28, 11. Nos. 44, 44.i.] 



Dec. 23. 264. Council of Trade and Plantations to the Queen. Re- 

Whitehall. port on Act of Nevis for establishing' Courts, etc. (1704). 
Quote some of the objections advanced by the Attorney General, 
Dec. 17. Add: Tho' it may be usefull and necessary to have 
Acts in the Plantations for regulating the proceedings of Courts, 
yet we look upon many of the regulations mentioned in this 
Act to be improper. For it provides that a summons fixed up 
at the Court House door shall be sufficient in the absence of 
the Defendant, and where he hath no Attorney, tho' such De- 
fendant be a freeholder, whereas the summons ought in reason 
to be served on his freehold, whereby he may have due notice 
of the service. By this Law judgements may be given against 
absent persons on such summons so affix'd ; and the Court is 
without jury to ascertain damages, and the Plaintiff to give 
security to refund, if in two years the defendant makes appear 
less is due than is allowed, without any regard to the de- 
fendant's being an infant, or madd, in prison, or out of the 
Island. The Provost Mashal is inabled on executions to sell 



AMERICA AND WEST INDIES. 189 

1708. 

inheritances, if the defendant has no goods, this is different 
from the Law of this Kingdom, whicih only allows the Plaintiff 
to hold the lands under an extent, till the debt be satisfy'd ; 
besides the sale is made good against the Defendant, and all 
persons claiming by and from or under him, which will void 
the Defendant's acts precedent to the judgement, such judge- 
ment not being restrained to subsequent claims. This Act far- 
ther provides that in all cases after the verdict the Defendant 
shall be barr'd. from moving in arrest of judgement; which 
seems unreasonable: for it may be that no action at law lyes 
for the matter mentioned in the Plaintiff's declaration, or the 
words not actionable, and yet the Plaintiff having a verdict by 
this law must have execution. That all extraordinary contempts 
of jurymen and talesmen are to be punished by the judges 
by fine: what contempts are meant doth not appear by the Act. 
It may be taken to be a contempt for not finding a verdict 
according to the direction of the Court, for which) by law they 
are not to be fined. If a bill of exchange be returned protested, 
the drawer is to pay to the person for whose use thfe same 
was drawn 10 damage, with 10 interest, and an allowance 
for exchange ; this is a matter different from the title of the 
bill, nor is it reasonable in itself, the allowance of damage 
and interest being the same in all cases, be the summ in the 
bill greater or lesser. There is likewise erected by this law 
a perpetual Court Merchant, which is impowered to hear and 
determine without a jury, according to law, equity and good 
conscience, all causes between transcient persons not exceeding 
the value of 100 current money; this power is arbitrary and 
uncertain, whether the judges are to act according to law 
or equity, and is not therefore fit to be allowed. There are 
objections to several other clauses, etc. In case your Majesty 
shall think fit to disallow the said Act, we do then propose that 
your Majesty's Royal pleasure be signifyed to your Governor 
there, to recommend to the Assembly the passing of another 
Law for the establishing of Courts and settling due methods for 
the administration of Justice in Nevis, and in like manner to 
the Assemblys of the other Leeward Islands ; which Acts may 
not be lyable to these or any other objections. And till such 
a law shall be past by the Legislature there, we beg leave 
to inform your Majesty that the course of Justice may go on, 
for your Majesty by your Commission to your Governor there, 
hath impowered him to erect Courts and name judges and 
other officers for the due administration of Justice. 

We further humbly represent that at a General Assembly of all 
your Majesty's Leeward Islands held at Nevis, 1705, an Act 
was past for establishing Courts etc., the purport of which) is 
only to make an Act past at Antego Feb. 8, 170f to be in 
force throughout all the Leeward Islands. And whereas that 
Act of Antego did contain clauses to the same purpose as those 
aforementioned, your Majesty did think fit, Dec. 13, 1705, to 
repeal it, and therefore we humbly offer that the Act of Nevis, 
1705, be likewise repealed. [C.O. 153, 10. pp. 255-260.] 



190 



COLONIAL PAPERS. 



1708. 
Dec. 27. 



Dec). 27. 

Boston, 

New 
England. 



Dec. 30. 

St. James's. 



Dec. 30. 

St. Nicholas 
Lane. 



265. Sir T. Laurence to the Council of Trade and Plan- 
tations. Refers to Governor Seymour's letter of Sept. 7, 1708. 
I have not overrated the receipts from the ordinary licences, as 
is pretended. 150 per annum at least hath been taken away 
from me and the Secretary's Office for five years, etc. Details 
given. Signed, Thomas Laurence. Endorsed, Reed. Read Jan. 
3, 170f . Holograph. 3 pp. Enclosed, 

265. i. A computation of the value of the ordinary licences in 

Maryland, Oct. 17031707. Total, 1936001b. tobacco 
at 5/s. the hundred. Estimated total loss to Sir T. L, 
=1167. 18. 1. Signed and endorsed as preceding 1 . 
Holograph. 3 pp. [C.O. 5, 716. Nos. 57, 57.L] 

266. Governor Dudley to the Council of Trade and Plan- 
tations. This morning the post from New York brought us the 
good news of my Lord Lovelace's arrival, and my packet from 
their Lordships, and a single ship being now under sayle, I 
thought it my duty to acquaint you that I have them safe, 
etc., and perticularly that if there be any necessity of seeing the 
present state of the fortifications here, they have been carefully 
sent every half year to the Board of Ordnance, and will come 
again by the Mast fleet, there being no other safe conveyances 
but that, once a year. etc. P.S. I think it is now four 
year since I returned Major Smith's name with others for 
Councellors of New Hampshire etc. There is one thing happened 
ill to him last year, he was accused of a bastard child by a 
young woman, and by the Sessions was ordered to mayntayn the 
child, tho' he alwayes denyed tihe matter and is by many 
judged innocent, however I thought it my duty thus to acquaint 
you of it, his service will be very acceptable to mee, etc. 
Signed, J. Dudley. Endorsed, Reed. May 23, Read Dec. 8, 
1709. Holograph. 2 pp. [C.O. 5, 865. No. 19; and 5, 913. 
pp. 80-82.] 

267. Order of Queen in Council. Upon Representation of 
Dec. 3 (q.v.), Governor Crowe is to return answer to the com- 
plaints against him, with depositions on either side etc. Set out, 
Acts of Privy Council, II. pp. 575, 576. Signed, Edward 
Southwell. Endorsed, Reed. 9th, Read Feb. 15th, 170f. 2 pp. 
[C.O. 28, 12. No. 8; and 29, 11. pp. 400-402.] 

268. John Lloyd to W. Popple. Reply to Dec. 18, etc, 
I wrote to a particular friend, but he is unwilling to give any 
information. All that I can leame is, that 3 ships loaded 
att Carolina and took oute cleareings for Rhode Island, from 
whence they gott certificates to cleare their bonds att Carolina, 
and thence reloaded their ships, the masters names are Samuel! 
Jones, Thomas Thatcher, and one Pitts, all New England men. 
I have a ship lately arrived from Carolina, now att Portsmouth, 
when the master comes for London, if I can learne anything 
farther, shall waite on their Honours. Presume one way to 
stop this trade wou'd be to give power to our Consuls abroad 



AMERICA AND WEST INDIES. 



191 



1708. 



Deo 30. 

St. James's. 



Dec. 30. 

St. James's. 



Dec. 30. 

St. James's. 



Dec. 30. 

St. James's. 



Dec. 30. 

St. James's. 



strictly to examine all ships from H.M. Plantations, that shall be 
loaded with fish, whether part of their cargoe be nott rice, 
logwood, pitch or tarr, which are often imported in those parts. 
As for Rhode Island, 'tis a place where all roguerys are com- 
mitted, and greate quantitys of goods from Portugall are landed 
there, and so convey 'd to sever all parts. Signed, John Lloyd. 
Endorsed, Reed. 1st, Read 3rd Jan., 170f. * Addressed. 1 p. 
[CO. 5, 1264. No. 53; and 5, 1292. p. 72.] 

269. Order of Queen in Council. Repealing Act of Nevis 
for establishing Coufts, and Act of Leeward Islands for estab- 
lishing Courts. (Cf. Dec. 23.) Signed, Chris. Musgrave. En- 
dorsed, Reed. Read Jan. 13, 170f. 2 pp. [O.O. 152, 8. No. 
3; and 153, 10. pp. 261, 262.] 

270. Order of Queen in Council. Referring following to the 
Council of Trade and Plantations for their report. Signed, 
Chris. Musgrave. Endorse!, Reed. 5th, Read 7th 1 Jan., 170f. 
lj pp. Enclosed, 

270. i. Petition of Merchants and Commanders of shipps 

tradeing to and liveing on the Continent of North 
America and on the Island of Jamaica, and the dis- 
tressed inhabitants of the Bahama Islands, to the Queen. 
Pray H.M. to take the Bahamas under her protection 
and government, and to fortify the harbour of New 
Providence, for securing petitioners' trade in their 
passage through the said Islands and the Gulph of 
Florida. It is threatened to be settled by the Spaniards 
etc. Set out, Acts of Privy Council, II. p. 550. 
91 signatures. Copy. 5 pp. ["(7.0. 5, 1264. Nos. 
54, 54.i. ; and 5, 1292. pp. 75-81.] . 

271. Order of Queen in Council. Approving Major Edward 
Tynt as Governor of Carolina. The Council of Trade and 
Plantations are to take care that he give good security to 
observe the Acts of Trade and obey H.M. Instructions, etc. 
Signed, Chris. Musgrave. Endorsed, Reed. Read Jan. 7, 170 f. 
1 p. [C.O. 5, 1264. No. 55; and 5, 1292. pp. 82, 83.] 

272. Order of Queen in Council. Referring following to 
tho Council of Trade and Plantations for their report. Signed, 
Chris. Musgrave. Endorsed, Reed. 5th, Read 7th Jan., 170f. 
1 p. Enclosed, 

272. i. Petition of Thomas Pilgrim to the Queen. Prays to 
be restored to his estate in Barbados, which he bought 
of Mrs. Butler Chamberlain, and which' Governor Crowe 
has violently seized, without any form of Law, etc. 1 p. 

272. ii. Case of Thomas Pilgrim. 2 pp. [C.O. 28, 11. Nos. 

45, 45.i.,ii. ; and (without enclosures) 29, 11. pp. 
367-369.] 

273. Order of Queen in Council. Col. John Frere is appointed 
to the Council of Barbados, in place of Col. Richard Scot, dis- 



192 COLONIAL PAPERS. 

1708. 

missed. Cf. Dec. 14. Signed, John Povey. Endorsed, Heed. 
15th, Bead 17th Jan., 170|. 1 pp. [C.O. 28, 11. No. 46 ; 
and 29, 11. pp. 371, 372.] 

![?1708.]; 274. Address of the Assembly of Barbados to the Queen. 
[Of. Jan 26, 1708.] Whereas an Act was sometime since passed 
in this Island for allowing 500 per annum to H.M. Governourto 
supply the inconveniencies and defects of the habitation provided 
for Sir B. Granville, which your Majesty ha tin been pleased to 
repeale, we humbly represent that we were induced to pass 
the said law for the following reasons; (1) to show all possible 
regard for H.M. Governours ; (2) that all former Governors 
had, besides convenient houses, a considerable quantity of land 
found them, which Sir B. Granville declined for greater ad- 
vantage; (3) that the house of Pilgrim, built by Sir B. Granville 
at the great expence of the Island, has only about 19 acres 
of land belonging to it, whereas less than 150 acres is not 
sufficient for the convenient support of such a ffamily as your 
Majesty's Governours must necessarily have; (4) that the nature 
of this Island is such, and differs so much from the way) 
and manner of liveing in England, that it is almost impossible 
to subsist a large ffamily with any conveniency without a 
proportionable quantity of land near the dwelling-house, and 
where it is done without such a conveniemcy, the expence is 
above four times as much as in England. Pray H.M. licence 
to settle 380 for the purpose aforesaid, Which, with 1 120 
rent now paid for Pilgrim's house, was the sum allowed to 
former Governours. Signed, Richd. Downes, Speaker, Tho. 
Maxwell, Tho. Beckles, Wm. Leslie, Edmund Sutton, James 
Vaughan. Tho. Maycock, Wm. Grant, Wm. Roberts, Thomas 
Neale, Hen. Peers, Rob. Yeamans, Will. Terrill, John Bowman, 
Richd. Sandiford. 1 p. [C.O. 28, 38. No. 69.] 

[? 1708.] 275. Instructions concerning Prizes by the Governor [? of 
Barbados']. [C.O. 319, 1. pp. 33. //.] 

1700, 1708. 276. Laws of Barbados. [319, 1. pp. 201-240.] 

[1708 ff.] 277. Shipping returns and List of negroes imported Bar- 
bados, 17081726. [C.O. 33, 15.] 

[1708 ff .] '278. Abstracts of Letters from Governors of Jamaica, 1708 
1719. [C.O. 137, 41.] 

[? 1708-9.] 279. Report [? of a Committee of Assembly of Jamaica to 
the Governor of Jamaica] upon the petitions of Nicholas Gualtier 
and Thomas Abell Bassett. In Jan., 1708 Mr. Gualtier on board 
the brigantine St. Nicholas was taken by H.M.S. Roebuck, 
which was condemned at Port Royal, about which an appeal 
is now depending. He appears to be a Frenchman and in the 
interest of the French King and has abused the trust reposed 
in him by the States General, and ought therefore to be sent 



AMERICA AND WEST INDIES. 



193 



1708 



to Great Britain, and not to be allowed to go to Cura^oa- according; 
to his petition. With respect to Mr. Bassett, we know nothing 
except his commanding this snow, etc., and think he may be a 
naturalised subject of Holland, and be allowed to go where he 
desires., etc. 2| pp. \O.O. 137, 51. No. 7.] 



1709. 



Jan. -June. 28O. Permits for 24 ships to sail without convoy and not 
to be embargoed in the West Indies. [C.O. 5, 210. pp. 126, 
127, 131, 132, 134, 142, 152.] 

Jan. 1st. 281. P. Vanderheyden Eeze to the Directors of the .Dutch] 
(N.S.) West India Company. Signed, Pr. Vanderheyden Eeze. En- 
Rio Essequebo. dorsed, Bead May 28 (N.S.), 1709. Dutch. 39 pp. Enclosed, 

Fort Kykoveral. 2gl> g ame ^ game> Jan> y (N>g>) 

281, ii.-lv. Copies of letters, inventories, accounts etc. 1707 
//. Dutch. [C.O. 116, 20. Nos. 15, 15.i.-lv.] 

Jan. 4. 282. Mr. Popple to Mr. Thurston. Major Lloyd (Oct. 22, 
Whitehall. 1708), having transmitted to you an account of the men listed 
by him in Newfoundland, the Council of Trade and Plantations 
desire a copy as soon as possible. [C.O. 194, 4. p. 70.] 



Jan. 4. 

Custom- 
house, 
Sandwich . 



Jan. 5. 

Whitehall. 



283. Custom-house Officers, Sandwich, to Mr. Popple. En- 
close following. Signed, Jeff. Haford, Benj. Fisher. Endorsed, 
Eecd. Read Jan. 19, 170 1. Addressed. Postmark. \ p. En- 
closed, 

283. i. Masters of Fishing ships and by-boats trading from 

this Port and members to Newfoundland, Dec. 25, 
1707 1708,=Nil. Signed as preceMng. \ p. [C.O. 
194, 4. Nos. 81, 81.i. ; and (without enclosure) 195, 
5. pp. 75, 76.] 

284. Council of Trade and Plantations to the Earl of Sun- 
derland. Quote Mr. Lloyd [Dec. 30, 1708] on illegal trade 
between Carolina and Portugal. This trade being contrary to 
the Act of Parliament for granting a further subsidy on wines, 
etc., by which rice is declared one of the enumerated commodities, 
and therefore not to be exported from the Plantations to any 
place in Europe but to Great Britain or Ireland, we are of 
opinion that H.M. pleasure be signify 'd to Col. Dudley that he 
make enquiry into this matter, and prosecute the offenders, if 
there be sufficient proof, for the merchants at Oporto being 
themselves concerned, are unwilling to give the necessary in- 
formation therein. We are apprehensive such illegal trade will 
hardly be prevented unlesis a power be given to H.M. Consul in 
Portugal to examine all ships coming from the Plantations, 
and to seize such ships as shall bring any of the prohibited 
commodities in breach of the Acts of Trade and Navigation. 
[0.0. 5, 1292. pp. 73, 74.] 

Wt. 11522- CP13 



194 



COLONIAL PAPEES. 



1709. . 
Jan. 7. 

Whitehall. 



Jan 8. 

Whitehall. 



Jan. 8. 

St. James's. 

Jan. 9. 

St. James's. 



Jan. 9, 

St. James's, 



Jan. 10. 

Maryland . 



285. Council of Trade and Plantations to the Queen. Re- 
port upon the Boundary disputes between Carolina and Virginia. 
Propose that a Commission be appointed on the part of each 
Government, and that the old method of granting lands be 
resumed in Virginia, according to the Charter, notwithstanding 
the late Instruction (1705, 1707.) Set out, Acts of Privy 
Council, II. pp. 584-588. q.v. [C.O. 5, 1362. pp. 329-335.] 

286. W. Popple to Thomas Pilgrim. The Council of Trade 
and Plantations desire to speake with you and Mr. Fullerton 
on Thursday, when they do expect that you should bring with 
you such proofs as you may have to make good the allegations 
in your petition, etc. [Dec. 30, 1708.] [C.O. 29, 11. p. 370.] 

287. H.M. Warrant for John Frere to be one of the Council 
at Barbados. [C.O. 5, 210. p. 136.] 

288. Order of Queen in Council. The Council of Trade and 
Plantations are to consider what stores are necessary" for New- 
foundland etc. Set out, A.P.C. II., No. 1078. q.v. Signed, 
Edward Southwell. Endorsed, Eecd. 12th, Eead 13th Jan., 
170 f. f p. Enclosed, 

288. i. Mr. Burchett to the Clerk of the Council in Wayting, 
The convoy for Newfoundland being now getting ready, 
I acquaint you therewith to the end my Lord High 
Admirall may receive an Order of Councill for sending 
provisions, etc. Copy. 1 p. [C.O. 194, 4. Nos. 
79, 79.i. ; and 195, 5. pp. 



1 p. [C 
p. 70, 71. 



289. Order of Queen in Council. Eeferring following to 
the Council of Trade and Plantations. Signed, Edward South- 
well. Endorsed, Eecd. Eead Jan. 13, 170f. Dismist by an 
Order of Jan. 27. \ p. Enclosed, 

289. i. Petition of Charles, Lord Baltimore to the Queen. 
Prays that the Order of Nov. 7, 1685 may be re- 
voked, having been surreptitiously got by William Penn, 
falsely suggesting that petitioner by his grant was 
to have noe land but what was cultivated by savages. 
Prays that the boundaries of Maryland and Pennsyl- 
vania may be ascertain'd pursuant to H.M. letter of 
April 2, 1681. Signed, C. Baltemore. Copy. 3 pp. 
289. ii. Duplicate of H.M. Letter to Lord Baltimore, April 
2, 1681. C.S.P. 1681. No. 62. 

289. iii. Duplicate of Letter from Wm. Penn to Lord Balti- 

more, April 2, 1681. C.S.P. Feb. 5, 1708. [C.O. 
5, 716. Nos. 59, 59. i. -iii. ; and (Order only) 5, 720. 
No. 2.] 

290. Governor Seymour to the Council of Trade and Plan- 
tations. On Sept. 27 last the Generall Assembly mett and 
pursuant to H.M. commands I laid before them H.M. Order 
in Councill, expressing her disassent to the two Laws lately 



AMERICA AND WEST INDIES. 195 

1709. 

pa,ss'd here concerning tobacco hhds., and H.M. commands to 
reenact a Law for the guage of hhds. conformable to those in 
Virginia; also H.M. commands in favour of Sir T. Laurence; 
and likewise proposed a Law to be made to punish such persons 
who should maliciously invent and disperse false news of tran- 
sactions in Europe tending to the discouraging and dispiritting 
H.M (good subjects here, with severall other things H.M. Couneill 
and myself thought proper for H.M. service and the good of 
the countrey ; but not being able to win their complyance to 
any the least of H.M. just and reasonable commands, and finding 
that instead thereof they disputed what they had no cognizance 
of, vizt. the legality of a charter I granted to the Citty of 
Annapolis (by the advice of H.M. Couneill) and ran into heats 
and divisions, proceeding so irregularly that notwithstanding a 
Commission prepared to swear them, and four Gentm. of the 
Couneill ready to attend them in order thereto, they had made 
severall votes, and adjourn'd their house, resolv'd to acquaint 
them they were dissolv'd; and accordingly issued new writts of 
election returnable to Nov. 29, hoping the severall Countys 
would take better care who they sent to represent them, but 
contrary to expectation found the most of the persons, ret urn M 
to the last convention, appear as Delegates of this Assembly, 
so that there could be but little 'hopes, unless a more moderate 
Speaker were chosen, which being happily effected, I once 
more laid H.M. commands before them, tho' I am sorry to 
acquaint your Lordships without any success. But tho' they 
would not agree to the Law proposed for the guage of tobacco 
hhds., yet have humbly addrest H.M. to give leave to lay their 
reasons before her why they could not, wihich will be transmitted 
to your Lordships with the Journalls of the Assembly and' 
Couneill so soon as transcribed ; notwithstanding which I am 
humbly of opinion it would be to the generall advantage of trade 
a small Act of Parliament were made in Great Brittaine to 
ascertain the guage of the same size both in Virginia and 
Maryland, that the merchants may know how to build their 
shipps for stowage suitable to either country. As to H.M 1 . 
commands in favour of Sir T. Laurence, altho' the Couneill and 
myself used our utmost endeavours to persuade their eomply- 
ance> wee could not percieve the least inclination in the Delegates 
thereto; but on the contrary have addrest H.M. in opposition 
to Sir Thomas's claime, in which I advised the Couneill not to 
agree with them, so that I have 'not any reason to alter my 
opinion, which I heretofore presumed to offer to your Lordships, 
that it would be adviseable Sir T. Laurence should procure 
the fines of the ordnary lycences to be setled on his office 
by an Act of Parliament or some other legall power in Great 
Brittaine ; for let me do what I can to enforce H.M. cominiuds 
on the Country, he seems to be the last person they are willing 
to oblige, for on my proposall they should make an ordnance 
to leavy those Fines to lye in the Sherriffs' hands and be 
left to H.M. gracious disposall, they would not concurr least 
Sir T. Laurence should obtaine her favour therein. The As- 



196 COLONIAL PAPERS. 

1709. 

sembly have referr'd untill the next Sessions the making a 
necessary and reasonable provision to supporte and enable the 
four Justices of the Provinciall Court to hold their Courts, and 
go the circuits twice yearly ; and tho the reduceing tlhe number 
of the Provinciall Justices seems to grate on some whose in- 
tegrity and understanding allow them noe title thereto, and 
yet are desireous to be eminently distinguished from their 
neighbours, yet in generall and especially the people on the 
Eastern shoare, seem! to be much obliged with 1 this institution. 
The Assembly sate untill Dec. 17, and made severall laws, 
amongst the rest, revived those for the supporte of the Govern- 
ment, and being sencible of the continuall desertion of many of 
the inhabitants, whose misfortunes with the lowe vallue of 
tobacco in Europe, and losses by the enemy this last warr, gave 
them great dread of long and tedious imprisonment, have made 
an Act of Bankruptcy for the enlargement of the persons of 
such debtors who shall deliver up to their creditors all their 
estates, reall and personall, and that concealments in such! 
case shall be Felony. They also made an Act to lessen the 
dammage on protested Bills of Exchange, making it only 10 
p.c., whereas it was 20. And tho' the merchants may not ap- 
proove thereof, yet since it is manifest the too much creditt 
given the people of this Province, being a careless unthinking 
sort of folke, has helpt to bring them into their present ill 
circumstances, the methods now propos'd will not only be a 
means to encourage the planters to abide on their plantations, 
but prevent their having too large a creditt, which is only in 
summe ; but not in intrinsick vallue of the comodity, and gener- 
ally falls heavy at the last by the many protests of their 
bills. On the 17th inst. by way of New Yorke have receiv'd 
severall duplicates of letters from your Honoble. Board enumer- 
ated, and letters of May 14, July 13, Aug. 4, 1708. There are 
not in this Province any stores of arms and ammunition sent 
from H.M. Office of Ordnance. As for your Lordships' letter 
of March 26, 1707, you referr me to in yours of Sept. 2, 
I have neither received the originall or duplicate thereof, so 
am wholly at a loss what answer to make thereto. Since my 
last another Gentleman of H.M. Councill is dead, vizt. Mr. 
Kenchin Cheseldyne, which/ will lay me under a necessity of 
swearing another in his roome, Coll. Jenkins being so aged 
and at so remote a distance, and Col. Ennalls so often indis- 
posed 1 that they are seldom able to attend their dutys. Whien 
the Journalls of the Councill and Assembly are transcribed, 
I shall endeavour to give your Lordships a true light, how 
the Delegates are chosen, and influenced by the Roman Catho- 
lique party, whose cheife aime is to make everybody uneasy, 
who are willing to serve the Queen and Government, and doubt 
not but they will use their utmost efforts to put another gloss 
on their actions here, but as I have ever endeavoured to dis- 
charge my duty, faithfully, I shall while I have the honour 
to ibe abroade do what in me lyes to serve the Queen .like 
an honest servant, and to obey your Lordships' commands with' 



AMERICA AND WEST INDIES. 197 

1709. 

all integrity and dilligence. Signed, Jo. Seymour. Duplicate. 
Endorsed, Reed. May llth, Read Dec. 6, 1709. 6 pp. ["(7.0. 
5, 716. No. 68; and 5, 727. pp. 143-149.] 

Jan. 11. 291. Council of Trade and Plantations to the Lords Pro- 
Whitehall, prietors of the Bahama Islands. Give notice that parties will 

be heard on 28th Jan. to the petition of the merchants etc. 

for the resumption of the Islands to the Crown, (v. Dec. 30, 1708). 

[C.O. 5, 1292. pp. 83, 84.] 

Jan. 12. 292. Council of Trade and Plantations to Governor Dud- 
Whitehall, ley. Acknowledge letters of May 27, June 10, July 10, and 
Aug. 7, 1708. We are sensible of your care in endeavouring to 
promote the production of Naval Stores, and you will do well 
to continue to do your utmost therein; when the Act which 
you mentioned to be past in New Hampshire shall be transmitted 
to us in due form, we will consider the same. In the meantime 
we cannot but take notice of the proceedings of the Assembly 
of the Massachusetts Bay in refusing to pass ^a law to the 
same purpose. Their assertion that the clause in the Massa- 
chusetts Charter relating to masts is not binding to them, 
are groundless, for if that Charter do bind, and is as a law 
to H.M. in relation to their rights and priviledges, it does also 
bind and is as a law to the inhabitants of that Colony ; this 
you will do well to communicate to the Assembly, and also to 
inform them that their refusal to pass sudh an Act, considering 
what priviledges has been allowed them by the Crown, will 
be looked upon as a great disrespect to H.M., and a disregard 
to the interest and service of this Kingdom. However, we 
commend your zeal in this matter, and desire you to continue 
your further endeavours therein. We shall lay before H.M. 
what you write in relation to Mr. Waldron, Hilton, and Smith, 
and propose others to supply their places in the Council of 
New Hampshire. We are glad to perceive the enemy has made 
so little impression upon your frontiers, and we hope that 
your care and diligence will effectually prevent their doing 
anything of moment. We have laid before H.M. our opinion 
in relation to stores of war etc. wanting for the security of 
New Hampshire, and that matter is in; a way of being dispatched. 
Since the writing of what is above, we have received two letters 
of Oct. 1st and 10th, which we shall make use of as there 
shall be occasion ; We take notice that you say the Assembly 
of the Massachusets Bay have, by an Act passed about three 
years ago, laid a duty of 4 per head on negroes, you ought 
to have acquainted us with the year the said Act was passed 
in, and have given us the title of the Act, for we can find 
none such among those we have ; and therefore we expect that 
you transmit it to us by the first opportunity. One of the 
reasons you give why negroes are not desired in New England, 
is because it being on the Continent, the negroes have thereby 
an opportunity of running away: the same reason will hold in 
Carolina, Virginia and Maryland, which are also upon the Con- 
tinent; where negroes are so valuable. [C.O. 5, 9-13. pp. 44-46.] 



198 



COLONIAL PAPERS. 



1709. 

[Jan. 12.] 293. The case of James, Duke of York, against Lord Balti- 
more, relating to the bounds of Maryland and Pennsylvania. 
The land claimed by him was purchased and seated by authority 
of a sovereign and Christian State of Europe many years before 
the date of his patent. Historical summary 1609 1674, when 
the King gave all to the Duke, who kept New York and dis- 
posed of the Jerseys and Pennsylvania. Endorsed, Reed. Read 
Jan. 12, 170f. Reced. from Mr. Perm. ! pp. [C.O. 5, 1264. 
No. 56.] 

Jan. 12. 294. Council of Trade and Plantations to the Earl of Sun- 
Whitehall, derland. There being several Representations which we sent to 
your Lordship, upon which we have not yet been informed of 
H.M pleasure ; and whereas we are in expectation of being 
called upon by the Parliamt. for an account of our proceedings 
since our last Report, Nov. 1707, and that it will be necessary 
that we give an account of what has been done upon our 
said Representations, that our Report may be the more perfect, 
we desire your Lordship will please to give directions that 
we may be informed thereof. Annexed, 

294. i. List of Representations referred to in preceding: 
Dec. 4 and 19, 1707; June 23, July 19, Oct. 26, Nov. 
9, Dec. 3 and 6, 1708. [C.O. 324, 9. pp. 290-292.] 

Jan. 12. 295. Council of Trade and Plantations to Col. Jenings. 

Whitehall. We have received yours of June 24 and Sept. 20, 1708. We 
have transmitted what you write about a guardship to the Lord 
High Admiral, and have been informed by his Lordship that the 
Garland is appointed for that service and is accordingly pre- 
paring to sail to your Government. We likewise acquainted the 
merchants with our proceedings therein, that they might sollicit 
at the Admiralty the appointing a sloop for the service you 
desire. As to the incroachments made by the Government of 
Carolina upon the boundaries of Virginia, we have considered 
the same and laid before H.M. our opinion thereupon. But 
we must acquaint you that you wou'd have done well to have 
given us an estimate of the charge and ye method and manner 
you propose of settling the boundaries between the two Provinces, 
which wou'd have enabled us to have been more exact in what 
we have proposed. However we hope this matter is now in a 
way of being soon determined. We have laid before H.M. 
what you write in relation to the Indian condemned for a 
murder in Kent County, and when H.M. pleasure shall be de- 
clared, we shall not fail of giving you notice thereof. In 
the mean time that Indian's case being as you have stated, 
you will do well to suspend his execution till further order. 
We have communicated to the Lords Proprietors of Carolina 
what you writ in relation to the goods seized by that Govern- 
ment from the Virginia Indian traders, and the said Proprietors 
have promised us an answer thereunto, which, when we receive, 
we shall communicate unto you. Whatever their answer be, 
.we shall be glad to know what the Governor of Carolina writes 



AMERICA AND WEST INDIES. 199 

1709. 

to you upon that head. We are glad you have received H.M. 
Instructions impowering you to act as Lt. Governor during 
the absence of a Governor, and we will not doubt but you 
will take such care that all things will be managed. to the best 
advantage of the Colony and for H.M. service. Though the 
letters you mention to have received were directed to Col. 
Hunter, yet you being in his absence Commander in Cheif, 
ought to answer the same, and therefore we shall expect it 
from you. We doubt not but the money raised for building 
a house for H.M. Governor has been so prudently laid out that 
the Assembly will readily comply with your desire of giving a 
further supply for the finishing of that work. We have reason to 
beleive that the incouragement given by H.M. and the Parliament 
here to the tobacco trade (of which you will have received ac- 
counts from the merchants) will have a good effect. However, 
if anything occurr to your thoughts that may further promote 
the said trade, you will do well to communicate the same to 
us. Upon this occasion we think it necessary to recommend to 
you that you discourage the inhabitants as much, as possible 
from applying themselvs to the linnen and woollen manufactures, 
which we hope they will not need to do, when they come to be 
regularly supplyed with those commodities by the merchants 
from hence, who have inform'd us that in August, 1707, they 
had shipp'd to the value of 200,000 in cloathing and other 
necessaries, but that fleet, being detained here till March follow- 
ing, did occasion a great want and scarcity in Virginia. This 
evill we hope will be remedyed for the future. The liberty 
given for the importation of tobacco from this Kingdom to 
France on board neutral vessells, and that H.M. Navy be 
supplyed with tobacco bought here are considerable advantages, 
and the planters will find the benefit thereof. We are glad the 
difference with the Tuscaruro Indians is in a fair way of 
accomodation, as also that the nation of Saponees are returned 
to your Government. You have done well to grant them lands. 
We doubt not but the good treatment they will meet with from' 
you will incline them to stay and to be of service in case 
of need. Notwithstanding the reasons you say the Councill 
give for not calling the Assembly, yet whenever the service 
of the country does require their meeting, you ought not to 
delay the calling of an Assembly in expectation of the Governor's 
arrival, which is uncertain, especially in the case of the present 
Governor, who is still a prisoner in France. We expect the 
account of quit-rents and 2/- per hogshd. you promised us, and 
' shall do what in us lies that the fleet from hence may arrive 
with you in the fall in order to return here in the spring, 
but we fear it will be difficult to bring the merchants here to 
be of one mind in this matter. However, we shall do on our 
part what we think most for H.M:. interest and the service of 
that Colony. [C.O. 5, 1362. pp. 336-340.] 

Jan. 12. 296. Council of Trade and Plantations to Governor Seymour. 
Whitehall. 'Acknowledge letter of June 23, Aug. 16, and Sept. 7 and 10. 



200 COLONIAL PAPERS. 

1709. 

Refer to representation Dec. 20. We are glad to find the 
Province in so good a condition, and that the people increase, 
and we hope by this time what you write of the inhabitants re- 
moving to Pensylvania and Carolina is remedied, by reason 
that the Act passed here, for settling the rates of foreign coines, 
will have put all the Plantations upon the same foot, in regard 
to the value of coine, so that there will not be the same incour- 
agement to remove as formerly. If it be necessary that an Act 
of Bankruptcie be past, you will do well to recommend the 
passing of such a Law to the Assembly. We hope that the 
Act which directs that every servant upon his freedom shall 
have gun etc. provided him by his Master, will, if duly observed, 
in a little time arm all the inhabitants, so that the Militia 
may be in a good condition. Your care in preventing illegal 
trade is very commendable, and your proposal for that purpose 
has been sent to the Commissioners of H.M. Customs, from 
whom you will receive directions. We are glad to find the 
inhabitants of Maryland do not apply themselves to manufactures, 
which ought to be imported from tihis 'Kingdom ; and we doubt 
not but thej will be supply'd therewith from hence, that they 
will not neecl to turn their thoughts to anything but the culture 
of tobaccos. We have not received the accounts of publick 
arms you mention, and therefore you will do well to send them 
by the first opportunity: however we are glad to perceive by 
your letters that the stores are in so good a condition. "Tis well 
the country is at last releived from the trouble occasioned by 
Clark, and that he has been brought to condign punishment. 
We have considered the Law for encouragement of learning etc. 
. past in Sept. 1694, and find that the last clause, "that no 
person having ELM'. Commission to execute any office judicial 
within this Province, shall be obliged actually to inhabit within 
this Province, and exercise the same in his proper person, and 
not by any Deputy" etc., is so penned that it cannot be easily 
understood, and therefore we think it necessary that the intention 
of the Law be better explained in that particular, which may 
be by allowing the patentees in express terms a power to execute 
their respective offices by their deputy or deputies. Since 
the new regulation of the Courts has given such satisfaction, 
and since it appears to be of public advantage, the dislike 
of a few persons to it, ought not to be regarded. You say 
you have not received our letter of March 6, 170, we suppose 
you mean our letter of March 26, 1707, and therefore we send 
you a copy, for we did not write any of the 6th. As to the 
Act past in Carolina for encouraging the settlement of that 
Country, whereof you complain; H.M. has been pleased, upon 
our Representation, to repeal the same; a copy of H.M. Order 
in ^Council is inclosed. But we must inform you that the 
Proprietors here say, no such Act has been transmitted to 
them, nor do they know of any such. But if any Act to the 
like effect be made, they will take care tihe same shall be repealed. 
Your reason for sending the list of Roman Catholicks in .your 
Government is good, and we commend your care therein. We 



AMEKICA AND WEST INDIES. 



201 



1709. 



Jan. 13. 

St. James's. 



Jan. 13. 

.Whitehall. 



Jan. 17. 

St. James's. 
[Jan. 17.] 



Jan. 17. 

London. 



have sent to the Lord High Admiral what you write in relation 
to Commodore Huntington's not giving you timely notice of the 
sailing of the Fleet: that matter will be inquired into, and we 
doubt not otherwise regulated for the future. We send you 
here inclosed some objections that have been made to the Act 
requiring the Agents of the Lord Baltimore to certify into 
the Secretary's Office the Instructions and conditions of Plan- 
tations, with the fees by them demanded, and obliging his 
Lordship's Deputy Surveyors to qualify themselves according 
to law, and desire you to communicate the same to the Councill, 
that we may have your and their observations thereupon, and 
that you inform us by the first opportunity of the reasons for 
passing that Law. As to the Act giving power to the farmers 
of the Lord Baltimore's rents to recover the arrear thereof 
after expiration of their lease, H.M. has thought fit to repeal 
the same, it being grounded upon two mistakes in law quoted. 
(Of. Feb. 20, June 7, Nov. 23, 1708). We have communicated to 
Sir T. Laurence what you write in relation to his affair, as 
also the account you have transmitted of the Ordinary licences; 
and Sir Thomas having thereupon made some remarks, we 
transmit to you copies thereof, for your observation thereon,, 
which you are to dispatch to us by the first conveyance. [C.O. 5, 
727. pp. 110-117.] 

297. Order of Queen in Council. The Council of Trade and 
Plantations are to propose to the Proprietors of Carolina a Bound- 
ary Commission etc., as suggested Jan. 7. q.v. Lands to be 
granted in Virginia as then proposed. Set out, A.P.C.,11., 
p. 588. Signed, Edward Southwell. Endorsed, Reed. 21st, 
Bead 24th Jan., 170|. 6 .pp. [C.O. 5, 1316. No. 11 ; and 
5, 1362. pp. 341-349.] 

298. Wm. Popple to Wm. Penn. The Council of Trade and 
Plantations desire to speak with you concerning Lord Balte- 
more's petition at 10 of the clock on Monday morning next. 
[C.O. 5, 1292. p. 85.] 

299. H.M. Warrant for John Pilgrim to be one of the 
Council of Barbadoes. [C.O. 5, 210. p. 126.] 

300. Mr. Thurston to the Council of Trade and Plantations. 
Estimate of necessaries for the Company at Newfoundland, 
1709. etc. Of. Jan. 19, 27. Signed, J. Thurston. Endorsed, 
Eecd. Read Jan. 17, 170f. 1 p. [C.O. 194, 4. No: 80; and. 
195, 5. p. 72.] 

301. Mr. Dummer to Mr. Popple. Gives sailing's of the 
Frankland packet-boat. Out and Home 112 days. She was 
stopt at some of the. Islands longer than her stated time by 
order of the Governours. The Cotton packet-boat, which should 
have been, here the middle of December, has met with desertion 
of her men, and great sickness among the rest, and north winds 



202 



COLONIAL PAPEBS. 



1709. 



Jan. 18. 



between the Capes, by which meanes she lost her passage thro' 
the Bahamas and put back to Jamaica, after having been sup- 
plied with 4 French seamen by Governor Handaside proceeded 
again; but was overtaken by the Frankland on this side the 
Windward Passage within hopes of her being at home in a 
few days. Great complaints come from those parts against 
the late Act of Parliament for privateers, which tends to ye 
ruine of all trade with the Spanish West Indies, disabling the 
men of warr and merchant ships of seamen now ; and when 
Peace shall come, leave to the world a brood of pyrates to 
infest it, etc. Signed, E. Dummer. Endorsed, Becd. 17th, 
Bead 19th Jan., 170|. Addressed. 1 p. [C.O. 323, 6. No. 74.] 

302. Sir John Cooke and Wm. Farmer to the Council of 
Trade and Plantations. I beg the favour of the first vacancy 
that happens in Barbadoes, that you will make Francis Bond 
one of the Councill there, etc. P.S. He has a very good estate 
in the Island. Signed, J. Cooke , Wm. Farmer. Endorsed, Becd. 
18th Jan., Bead 2nd March, 170f. 1 p. Enclosed, 

302. i. Certificate of Merchants trading to Barbados in favour 
of Francis Bond, a native of Barbados. Jan. 16, 
170f. 8 signatures. 1 p. [C.O. 28, 12. Nos. 16, 



Jan. 18. 3O3. Petty Expenses of the Board of Trade, Michaelmas 
to Christmas, 1708. See Journal of Council under date. 3^ 
pp. [C.O. 388, 76. Nos. 45-47.] 

Jan. 18. 304. Council of Trade and Plantations to the Lord High 
Whitehall. Treasurer. Enclose above accounts, and request for payment 

of a quarter's salaries due to the Secretary and under-officers. 

[C.O. 389, 36. pp. 374-376.] 

[Jan. 18.] 305. Peter Diharce, Merchant of London, to the Queen. 
Prays, in behalf of Gabriel Bouvy, of Bilboa, permission to 
load beef in Ireland in a Spanish ship, for the Spanish Planta- 
tions in the West Indies, and to return thence to Spain with 
goods not contraband. Signed, P. Diharce. Endorsed, Becd. 
Bead Jan. 24, 170 f. 1 p. Annexed, 

305. i. H.M. refers above to the Council of Trade and Plan- 
tations for their report. Jan. 18, Whitehall. Signed, 
Sunderland. [C.O. 388, 11. No. 105; and 389', 20. 
p. 273.] 



Jan. 18. 

Office of 
Ordnance. 



Jan. 19. 

Whitehall. 



306. Board of Ordnance to the Council of Trade and Plan- 
tations. Desire a copy of Col. Bomer's report upon Ordnance 
stores remaining in Fort William and Mary, New Hampshire, 
1707. Signed, C. Musgrave, Wm. Bridges, Bobt. Lowther, Tho. 
Erie. Endorsed, Becd. Bead Jan. 18, 170f. 1 p. [C.O. 5, 
865. No. 10; and 5, 913. p. 47.] 

307. Council of Trade and Plantations to the Board of 
Ordnance. Enclose copy of report desired in preceding. [C.O. 
5, 913. p. 48.] 



AMEEICA AND WEST INDIES. 



203 



1709. 
Jan. 19. 

Whitehall. 



Jan. 19. 

.Whitehall. 



Jan. 19. 
Whitehall. 



Jan. 19. 

Whitehall. 



Jan. 19. 

London. 



Jan. 20. 

Whitehall. 



Jan. 20. 

Whitehall. 



Jan. 20. 

St. James's. 

Jan. 20. 



308. Council of Trade and Plantations to the Queen. 
Thomas Pilgrim has not made good the allegations of his 
petition [Dec. 30, 1708], it appearing that the Marshall of 
Barbadoes only levyed on the estate in question by virtue of 
a decree obtained in the Court of Chandery for the arrears of 
the jointure of the Lady Chamberlain, now wife of the Governour. 
IG.O. 29, 11. pp. 372, 373.] 

309. Council of Trade and Plantations to the Queen. Becom- 
mendation of necessaries etc. for Newfoundland, as ordered 
Jan. 27. Of. A.P.C.,II. No. 1078. [C.O. 195, 5. pp. 72- 

75.] 

310. Win. Popple to Wm. Lowndes. Encloses draught of 
a bond for sureties on behalf of Major Tynt. (Dec. 30, 1708) 
for the Lord High Treasurer's approval. Enclosed, 

310. i. Draught of a bond in 2000 for sureties proposed 

by Major Tynt for his observing the Acts of Trade 
etc. in the Government of Carolina. [C.O. 5, 1292. 
pp. 85-89.] 

311. Council of Trade and Plantations to Governor Parke. 
Since our letter of Dec. 24, we have received none from you, 
and have therefore only to acquaint you that H.M. has been 
pleased to repeal the Acts for establishing Courts etc. (Order 
of Dec. 30), which you are to cause to be published and entred 
in the Councill books as usual, and that you may get a lawi 
passed that shall not be lyable to the like objections, as those 
for which these Acts have been repealed. Enclose Bepresentation. 
[(7.0. 153, 10. pp. 266, 267.] 

312. Mr. Dummer to Mr. Popple. Gives sailings of the 
Cotton packet-boat (See Jan. 17). Out and home, 162 days. 
Signed, E. Dummer. Endorsed, Becd. Head Jan. 20, 170 f 
f p. [C.O. 323, 6. No. 75.] 

313. Council of Trade and Plantations to the Earl of Sun- 
derland. Enclose Address from St. Kitts in favour of Col. 
Parke. [C.O. 153, 10. pp. 273, 274.] 

314. Council of Trade and Plantations to the Earl of Sun- 
derland. Enclose copy of Major Lloyd's letter, Nov. 15, 1708, 
with account of the French force at Placentia. [C.O. 195, 5. 
p. 78.] 

315. H.M. Warrant for Philip Lynes to be of the Council in 
Maryland. Countersigned, Sunderland. [C.O. 5, 210. p. 129.] 

316. Order of House of Commons. The Commrs. of Trade 
are to lay before this House a state of the African trade* 
and their observations thereupon. Signed, Paul Jodrell. Cl. 
Dom. Com. [C.O. 388, 11. No. 104.] 



204 



COLONIAL PAPERS. 



1709. 
Jan, 21. 

Whitehall. 



Jan. 22. 



Jan- 22. 
St. James's. 



Jan. 22. 
St. James's. 



Jan. 24. 

London . 



Jan^ 24. 

Admiralty 
Office. 



317. Council of Trade and Plantations to the Earl of Sun- 
derland. Refer to Representation of Dec. 3, 1708, as to the 
suspension of Messrs. Sharpe, Walker and Beresford, and to 
letter of Major Jno. Pilgrim, Nov. 2, 1708, relating to Gov- 
ernor Crowe's having sworn Messrs. Berwick and Aynsworth 
into the Council of Barbados. By our list it appears there were 
at least 6 Counsellors residing in that Island at the time of 
the said suspension; so that Mr. Crow was impowred to have 
sworn in but one person at most, for by his Commission, which 
authorises him to fill up vacancies that may happen in Council, 
he is allowed to fill up such vacancies to the number of 
seven and no more, which Councillors are to continue till H.M. 
pleasure be known. And we must further observe to your 
Lordship, that we have not yet received any account from 
the Governor of his having suspended the foresaid Councillors, 
notwithstanding he is directed by his Instructions, upon his 
suspending of any Counsillors to cause his reasons for so doing, 
together with the charges and proofs against the said persons 
and their answers thereunto (unless he had some extraordinary 
reason to the contrary) to be duly entred upon the Councill 
Books, and to transmit the same to us by the first conveyance. 
[C.O. 29, 11. pp. 381-383.] 

318. Deposition of Dudley Woodbridge, one of the Justices 
of the Court of Oyer and Terminer, Barbados, 1705, that A. 
Skeen was then farely and legally acquitted. Signed, Dudley 
Woodbridge. Endorsed, Reed. Read Feb. 14, 170|. 1 p. \C.O. 
28, 12. No. 6.] 

319. H.M. Warrants for Joseph Estridge, John Willet, and 
John Peters to be of the Council of St. Kitts. [C.O. 5, 210. 
p. 130.] 

320. The Queen to Governor Crowe. You are to give an 
immediate answer to the complaints of Messrs. Sharpe, Walker 
and Beresford, etc. as Dec. 30, 1708. q.v. Countersigned, Sun- 
derland. Endorsed, Reed. Read Feb. 23, 170f. 2 pp. [C.O. 
28, 12. No. 9; and 29, 11. pp. 416-418; and, 5, 210. pp. 
127-129.] 

321. Deposition of Owners of estates of Barbados in favour 
of A. Skene. Signed, Rober[] Havers, J. Bromley, John 
Walter, Benj. Alleyne, Richd. Steele, Pat. Mein, Ro. Stewart, 
Rowld. Tryon, Dudley Woodbridge, Robt. Moore, Robt. Chester, 
Tho. Forster, Will Tryon, Thomas Pindar, Edwd. Lascelles. 
Endorsed, Reed. Read Feb. 14, 170f. 1 p. [C.O. 28, 12. 
No. 7.] 

322. J. Burchett to Mr. Popple. Encloses Capt. Hunting] - 
ton's reply (Cf. Dec. 18, 1708). Signed, J. Burchett. En- 
dorsed, Reed. 25th, Read 27th Jan., 170f. Addressed. 1 p. 
Enclosed, 



AMEEICA AND WEST INDIES. 205 

1709. 

322. i. Capt. Huntinton to Mr. Burchett. H.M.S. Guernsey 
in the Downs, Jan. 21, 170-|. I wrote to the Governor 
of Maryland, July 20 and Aug. 24, and should have writ 
to him sooner, had I had tihe benefitt of a tender 
allowed by the country, as Capt. Stewart had, which! 
I could hardly be allowed to take my powder in for 8 
or 10 days, while I shifted my foremast, the old one 
being made unserviceable by a clap of thunder, and 
although the time limited by H.R.H. was not longer 
than Sept. 2, by there request and to oblidge the 
Trade, stay'd till Oct. 4. Signed, Jno. Huntinton. 
Copy. 1 p. 

322. ii. Capt. Huntinton to Governor Seymour. July 20, 1708. 
My time will be expired Sept. 2, and do design to 
saile Sept. 5. I desire all masters of ships now in the 
Bay would be in readyness, etc. Signed, Jno. Huntin- 
ton. Copy. 1 p. 

322. iii. Same to same. Aug. 24, 1708. I am sorry that 
through any mistake I should be thought to forgett 
my friends, etc. I assure you that this is my third, 
the first dated a month since, the last inclosed in a 
letter to the Captain of the Bristoll, which' without 
doubt must have come to hand were not the messengers 
in those parts very negligent, etc. I was in hopes 
the President of Virginia had given you an earlier 
account than this, resolving to saile Sept. 15. etc. 
Signed, Jno. Huntinton. Copy. 1 p. \C.O. 5, 716. 
Nos. 61, 61. i. -iii. ; and (without enclosures) 5, 727, 
p. 119.] 

Jan. 24. 323. Governor and Council of Connecticut to the Council of 
New Trade and Plantations. Your Lordships' letter of May 7th, 
on - 1707, we reed, not till July 8th last, immediately upon iwch. 
H.M pleasure for proclaiming that Union was duely attended; 
and such farther steps taken as were necessary for our rendring 
ye account required. (1). As to the method used in ye adminis- 
tration of Government and Justice, there is no considerable 
variation from ye account we formerly gave, July 15, 1680. 
We have two Genell. Courts, wch. are held on ye 2nd Thursdays 
of May and October, according to ye time fixed for them in 
our Charter, consisting of our Governor, D. Govr., Assistants 
and Representatives from ye severall towns in ye Colony ; in 
wch. Courts such locall Laws as are found needfull are made, 
and such taxes as are necessary for defraying ye publique 
charges are granted. There are 2 Superiour Courts held annually 
for the triall of capital offenders, aind for the hearing of appealls. 
There are also 2 Inferiour Courts held annuailly in the severall 
counties in this Colony, which are four in number, in wchi. 
are tried actions in debt, trespass, and of the case, and criminall 
oausses, wch. are not capitall, with liberty of appealls from 
these to the Superiour Courts. The method observed in the 
proceedings of these Courts is, (a). The Plaintiff takes out a 



206 COLONIAL PAPERS. 

1709. 

writt, wherein he makes a declaration of his case, and sinews 
the cause he has of action agt. the Defendt., wch. writt bears 
the test of the sworn officers, that are appointed to grant 
them, as the Clerks of the Court where the action is brought, 
(b). This writt is served upon the Defendt. 6 days before the 
Session of the Court, where the action is to be tried, and a 
copy of it given him by the Sheriff or Constable, who are 
sworn officers appointed for the serving of such writts. (c). The 
Defendt. appearing is first heard in his pleas for abating ye 
writt, or in barr of the action, wch. if found insufficient, he 
then pleads to an issue. The Jury summoned to attend ye 
Court are sworn ; both Plaintiff and Defendt. are heard on their 
severall pleas, and what they bring in evidence received ; and 
the cause committed to the Jury. (d). The Jury being agreed 
upon a verdict, give it in to the Court, which being entred, the 
Court proceeds to give judg[/i]ment accordingly, (e). Either 
party, aggrieved with the judg[/i]ment, may review to the same 
Court, at the next session, or appeall to the Superiour Court, 
giving in bond to prosecute, (f). Either party aggrieved with 
ye sentence or judg[7i]ment of the Superiour Court, upon such 
appeall brought, may bring ye action by review to ye next 
Sessions of such Superiour Court, where it is again heard and 
determined in the foregoing method, (g). Upon the finall hear- 
ing and determining any cause, execution is granted by the 
Clerk of the Court, according to the judg[/i,]ment. In all 
capitall causes we have a Grand Jury. And if they find the 
bill, a Petty Jury is improved, as in other cases. (2). We are 
preparing an exact Body of our Laws to send yr. Lordships. 
The low circumstances of the Colony has kept us without a 
Press, so that we have been necessitated to make use of Manu- 
scripts for a considerable number of our Laws ; but are now 
endeavouring to put them all in print, which we hope will be 
accomplished in a short time ; and shall take the most speedy 
care to transmitt them. (3). The number of our inhabitants 
according to the exactest computation we can make of it, is 
about 4000. And of them, those that upon their desire have 
been admitted Freemen are about 2000. For servants, we have 
but few, either white or black, and we judge not above 100. 
(4). As for the increase for 5 years last past; it has not 
been much, especially of our servants, some blacks are brought 
from the West Indies hither, but very rarely. And we have none 
that trade to Affrica, or bring any white servants to us from 
Europe. (5). The Militia of the Colony, which consists of al] 
above 16 that are capable to bear arms, amount to 3,500. (6). 
The commodities exported to Great Brittain are chiefly turpen- 
tine, pitch and tarr. But there is little of these wch. go directly 
from hence ; the last fall there was one briganteen, mostly be- 
longing to inhabitants in this Colony, which sailed from hence 
to Great Brittain laden with such stores. And there was at 
the same time another briganteen, of Boston, which took in 
the same kind of loading here, for Great Brittain ; but most of 
these stores were of the growth and production of Massathusetts 






AMERICA AND WEST INDIES. 207 

1709. 

Bay. These 2 are ye only vessells wch. we know of that took 
in their lading here for Great Brittain. Those small quantities 
of such commodities made in this Colony, are sent directly to 
Boston or New York, for the procuring of such European goods 
as are consumed in this Government. (7). Our trade with other 
places' is chiefly with Boston, New York, and ye West Indies; 
to Boston and New York we ship the principall produce of 
this Colony, which is grain, as wheat and peas, rie, barly and! 
Indian corn ; and pork and beef ; some small quantities of 
turpentine and tarr. And it is by this way we are furnished 
with cloathing and other manufactures brought from England. 
To the West Indies we send horses, staves, hoops, and some 
small quantities of pork and beef ; and bring in return sugar, 
malasses and rum, cotton wooll, and these in such small quan- 
tities that very seldom any of those commodities, so brought 
into this Government, are exported. 

Your Lordships will see that the trade of this Colony, wch. 
lies principally in what is produced by the labour of the inhabi- 
tants in their tillage of land, is not likely to admitt of any 
great increase, especially during the warr, wch. takes off many 
of our labourers from their tillage ; European and other com- 
modities being also by reason of the warr sold at so great rates, 
that all we can raise upon our lands, to procure them with, 
will afford us but a very slender supply. Nor are there any 
persons among us of estate sufficient to import such stores of 
European goods, as produce of the West Indies, into this Colony, 
as (might increase trade here, by inviting the inhabitants of 
the neighbouring Provinces to supply themselves from hence. 
(8). There is a carefull inspection had upon the Navall Officers 
in the severall ports within the Government, that at no time any 
vessels that trade unlawfully may escape. And tho it is not 
possible for the best care wholly to prevent such evill practises, 
yet we believe there is as little of it at any time, practised 
by any vessels trading into this Government, as can be thought. 
For our supplies of European goods are from the neighbouring 
Provinces. No vessels having any trade from Europe, Asia 
or Affrica directly to this Colony, (excepting a sloop sometimes 
from Fiall and ye Maderas), nor any ennumerated commodities 
exported out of the Colony but very rarely. (9). Ships we 
have none, briganteens 2, and sloops 17 ; about 100 seamen ; all 
which vessels were built in this Government. (10). The Manu- 
factures in the Colony are but few ; there is but one clothier 
in the Government. So that our people are necessitated to 
wear the cloth they can make in tlheir own families, without 
anything more than fulling of it (for ye most part) lifter it 
comes out of the loom. All we make is not enough to serve 
the occasions of the poorer sort. Nor are those few tradesmen 
we have of other sorts capable to supply the necessities of 
our inhabitants, who are obliged to buy for their use in ye 
neighbouring Provinces. We rejoyced in this opportunity to 
lay the present state of this Colony before yr. Lordships, 
whose great concerns for the good of the Plantations in generall. 



208 



COLONIAL PAPERS. 



1709. 



and this in particular, expressed in your letter, does both' assure 
us of yr. Lordships' favour, and confirm us in the hope of 
our future prosperity, to which nothing can contribute more 
than yr. Lordships' counsel and directions, etc. Signed, by 
order, Eleazar Kimberly, Secy. Endorsed, Reed. 9th June, 
Read 12th Dec., 1709. 7 pp. [C.O. 5, 1264. No. 88; and 
5, 1292. pp. 178-185.] ^ 



Jan 24. 324. Council of Trade and Plantations to the Earl of Sun- 
Whitehall, derland. Since our letter of Jan. 21, we have received a letter 
from Governor Crow, wherein he acquaints us that upon his 
suspending Col. Sharp, Mr. Walker and Mr. Beresford, there 
were then but five of the Council resident, for which reason he 
had sworn in Messrs. Berwick and Ay ns worth, so that in that 
respect he has pursued his Instructions. By the same packet 
we have received the Governor's reasons for his suspending the 
3 Councillors, which we shall consider. [C.O. 29, 11. p. 391.] 

Jan. 25. 325. W. Popple to Richard Savage. Communicates Governor 
Whitehall. Crowe's complaints (Nov. 2, 1708) against the Custom House 
Officers at Barbados. [C.O. 29, 11. p. 392.] 



Jan. 25. 326. George Gordon to the Queen. Petitioner was appointed 
by H.M. Provost Marshal of Barbados, 1707. The Provost 
Marshal formerly appointed a deputy as Marshal to attend the 
General Assembly, and has also by himself or Deputy been 
accustomed to serve all processes and execute all executions 
arising out of the Courts, etc. But the Government of the 
Island in several new laws have empowered several Committees 
and Commissioners to make their own Marshals, which they 
have done. Refers to Act to ascertain the payment of bills, 
1707, and the Supplemental Act, 1708, and the Act for settling 
the public accounts. The Judges of the Courts of Common Pleas 
and the Judge of the Court of Admiralty have of late taken 
upon them to appoint their own Marshals, and have refus'd 
to admit Petitioner's Deputy to execute the duty of Marshal for 
the said Courts as has been usual. Which proceedings are 
manifest encroachments on your Majesty's grant, and thereby 
Petitioner is deprived of the greatest part of the perquisites of 
his office, and several great complaints are made of the partial 
and slow execution of Justice, occasioned by the great de- 
pendance that these Marshals now have upon the inhabitants, 
many of which are obnoxious to the law, and new offices are 
erected to the increasing of the disputes and contentions of 
the people. Prays to be restored to the due execution of his 
office. Subscribed, 

326. i. Jan. 25, Whitehall. Referred by H.M. to the Council 
of Trade and Plantations. Signed, Sunder land. En- 
dorsed, Reed. Read Feb. 1, 170f. 3 pp. [C.O. 28, 
12. No. 3; and 29, 11. pp. 393-396.] 



AMERICA AND WEST INDIES. 



209 



1709. 
Jan. 26. 

African. 
House. 



Jan. 26. 

New 
London. 



Jan. 27. 

St. James's. 



Jan. 27. 

Whi'tei/all. 



Jan. 27. 
Whitehall. 



327. Eoyal African Company to the Council of Trade and 
Plantations. Bequest for copies of any complaints from the 
Plantations against them. Signed, John Pery, Secy. Endorsed, 
Eecd. Bead Jan. 27, 170f. Addressed. 1 p. [C.O. 388, 11. 
No. 107.] 

328. Governor and Council of Connecticut to the Council 
of Trade and Plantations. Your Lordships' letter of April 15, 
1708, came not to our hand till Dec. 22, in obedience to which 
wee have made strickt enquiry what number of negroes have 
been imported June 1698 Dec. 1707, and find that their hath 
not been one vessell either of the Royall Affrican Company's, 
or of seperate traders, that hath imported any negroes hither in 
that ,spac(- of time, nor any since or before, that wee can 
heare of. Their are but few negroes in this Government, and 
those wee are supplied with from the neighbouring provinces 
for the most part, except that sometimes half a dozen in a 
year may be imported from the West Indies. As to the half 
yearly accounts of negroes imported from Dec. 25, 1707, their 
is now a year from that time run out and none imported, 
nor any like to be in vessells from this Colony, their being 
none employed in that trade. And for the future wee shall 
be carefull to transmit the half yearly accounts your Lordships 
send for, as wee shall to observe what other directions your 
Lordships may give us. Signed by order, Eleazar Kimberly, 
Secry. Endorsed, Reed. June 9th, Read Dec. 12, 1709. Ad- 
dressed-. Sealed, f p. [0.0. 5, 1264. No. 87; and 5, 1292. 
pp. 176, 177.] 

329. Four Orders of Queen in Council, relating to supplies 
for Newfoundland etc. Set out, A.P.C.,11., No. 1078. q.v. 
Flncli signed, Edward Southwell. Endorsed, Reed. 9, Read 15, 
17()f. 4 pp. [C.O. 194, 4. Nos. 84-87; and 195, 5. pp. 

81-84.] 

330. W. Popple to John Pery. In reply to letter of 26th. 
The Council of Trade and Plantations have consider'd the ob- 
servations made by the Royal African Company on their Repre- 
sentation of Feb. 3, 170|-, and have thereupon made such altera- 
tions in their report to the House of Commons as appears 
necessary. They have receiv'd from some of the Plantations 
lists of negroes imported into the said Plantations, which they 
have inserted in their report, and they have not receiv'd any 
complaints, as you intimate in your letter. [C.O. 389, 20. 
pp 274, 275.] 

331. Council of Trade and Plantations to the House of 
Commons. Report upon the African Trade. Cf. Jan. 20, 170f . 
In 1672 the liberty of trading to Africa was by K. Charles II. 
granted to the present Company exclusive of all others, etc. 
Several complaints against the Company, and a general dis- 
satisfaction that so profitable a trade should be confined to an 

Wt. 11522. CPU 



210 COLONIAL PAPEES. 

1709. 

exclusive joynt-stock, soon brought on an interloping trade. 
During that time several private ships with their cargoes were 
seiz'd on the coast of Africa, and in the Plantations for trading 1 
contrary to the Company's Charter, whereby such private trade 
was in a manner crushed ; but upon the late Revolution it re- 
vived again, and was carry'd on for some years to a much 
greater degree than formerly. In 1697 an Act was passed for 
settling that trade, whereby liberty is given for the term of 
13 years (and to the end of the then next session of Parliament) 
from June 24, 1698, to any of H.M. subjects to trade within the 
limits of the Company, paying duties of 10 p.c. ad valorem on 
all exports and imports for trade between Cape Blanco and 
Cape Mount, and 10 p.c. upon exports only between Cape 
Mount and the Cape of Good Hope, with an exemption of duties 
on negroes, and paying 5 p.c. only on redwood, all which 
duties are payable to the Company, and (together with the 
ird part of all forfeitures) are by them 1 to be wholly apply'd 
to the maintaining their Forts. Since the passing of that Act, 
we receiv'd no complaints from the Plantations, either as to 
the scarcity or excessive prices of negroes, otherwise than as 
occasioned by the present war till those which have lately been 
sent from some of the Plantations. The prices of negroes sold 
by the "Company and separate traders have been much the same, 
and have ad vane 'd or lessen'd according to the demand, and to 
the rise and fall of the commodities produced in the several 
Plantations. The Company does say, that being willing to try 
if they could carry on the trade under this new regulation, they 
rais'd an additional stock, but after an experience of so 
many years have found it attended with insupportable in- 
conveniences, under which they can no longer subsist. For 
they say that the 10 p.c. amounting to 53,731 does not near 
answer the charge of the Forts etc., and show a deficit of 
185,707 for the years 16981707. The separate traders ac- 
cuse the Company of extravagance and bad management. Argued 
in detail with the Company's replies. The separate traders say 
the Company has raised the price of negroes, which is more than 
double what it was before the Trade was laid open, in order to 
outdo and ruin them. The Company further complain that the 
natives (grow insolent, and are encouraged by other traders to 
insult the Company's Forts, and bring them under difficulties 
on purpose to obtain bribes to compose differences of their 
own creating ; and particularly, that one of the separate traders 
having made a bargain for some negroes, carry'd them to Bar- 
badoes without paying for the same, but that the Company, in 
order to secure peace and a friendly correspondence with the 
negro Kings, sent to Barbadoes and bought the said negroes and 
returned them to the King from whom they were so taken. The 
traders say the Company's differences with the natives were 
due to their bad treatment of them in trade. The Company 
desire of Joint- Stock exclusive of all others, or, in case that 
shall not be thought proper, they would be content to be limited 
in their trade from Cape Blanco to Cape Lopez, if the separate 



AMERICA AND WEST INDIES. 211 

1709. . 

traders be restrained from coming there. The separate traders 
propose, on the contrary, that the trade be laid open (like that 
to Turkey) under a just regulation. Arguments on this point 
and the financial position of the Company, and their work in 
Africa. Negroes imported into the Plantations by the Company 
16981707, Total, = 17,760. 'Tis computed that the number of 
negroes necessary for a yearly supply of the Plantations is 
(Virginia and Maryland, 4000; Carolina and New York, 1000; 
Barbadoes, 4000; Leeward Islands, 4000; Jamaica, and what 
are carry'd by H.M. subjects to the Spanish West Indies, 
12000) =25,000. The separate traders add that the greatest 
part- of the negroes furnished to Virginia, Maryland, Carolina 
and New York has been by the separate traders, and that not 
above 200 have been carry'd to those parts by the Company 
sinco their establishment, which not having been contradicted 
by the Company, we must observe upon it that those Plantations, 
so profitable to this Kingdom, ought not to be neglected, for 
without such a supply by the separate traders, near one half of 
the tobacco could not have been produced and brought hither; 
and how much that would have lessen'd H.M. Customs, and the 
navigation of this Kingdom, we need not mention. Quote returns 
from the Plantations in reply to letter of April 15, 1708. Upon 
all which we observe that the number of negroes furnish'd to 
Jamaica, Barbadoes and the Leeward Islands (which are the 
principal Plantations) either by the Company or separate traders 
sinco the opening the trade, is much less than what were wanting 
for their necessary supply, and the carrying on the Assiento 
trade, according to the foregoing computation made on that 
head ; nevertheless we are sensible that in this case an allowance 
is to be made for losses and other accidents of war, and we 
believe that the scarcity as well as great rates of negroes 
at Barbadoes have proceeded from the imposition of their paper- 
money in payment for negroes, instead of silver or other goods 
since 1706, tho' it must be allow'd that between 16981708, 
the separate traders have imported into that Island about four 
times as many, and into Jamaica twice as many, as have during 
the same time been imported into those Islands by the Company ; 
and that the losses lately sustain'd at Nevis and St. Christophers, 
when invaded by the French, have occasion'd a like scarcity 
and excess of price in those last mentioned Islands, where the 
Planters have little money or effects to buy negroes. It's hard 
to make a true value of imports either by the Company or 
separate traders, in regard such imports consist mostly of gold 
as well as of elephants' teeth, and redwood ; and it's yet the 
more difficult to come near the truth thereof on the part of the 
separate traders, for that most of the masters of their vessels 
bring home their private adventures in gold. It cannot be 
doubted but that a trade so very profitable in itself, and so 
absolutely necessary for the support of the Plantations, ought 
to be preserv'd and put on such a foot, that it may be carry'd 
on and improv'd to its full extent. It may reasonably be appre- 
hended, should this trade be confined to a Company by a 



212 COLONIAL PAPEBS. 

1709. 

joynt-stock exclusive of all others, that such 1 a Company will 
contract the trade within the Gold coast, or such narrow limits 
in Africa as may best turn to their own profit, without regard 
to the good of the Plantations, or of the Publick, which may 
be presum'd from the way of their having carry'd it on for 
the time past. It will of consequence very much lessen the 
number of ships now employ'd in the Trade, to the great discour- 
agement of our Navigation ; for since there has been an open 
trade, tho separate traders have sent out three ships for one 
employ'd by the Company. Should so extensive a trade be con- 
fined by an exclusive joynt-stock, the Plantations may suffer 
for want of a sufficient number of able negroes at reasonable 
rates, those markets being always best supply'd, where there 
are most sellers ; and on this head we observe that by the 
Company's own accounts of the negro-trade from 1680 to 1688, 
in 9 years (and in a time of peace) there were but 46,396 negroes 
deliver'd in the Plantations ; whereas 'tis computed by the separ- 
ate traders, that, since the opening of the trade, within the 
like term of years (notwithstanding the present war, there have 
been imported by the separate traders into those parts, 160950 
negroes.) Lastly, we cannot but be sensible how prejudicial 
it must be to trade in general to have but one buyer of all such 
woollen and other goods as are annually exported for this trade ; 
but one freighter of so many ships at home, and but one buyer 
of the Plantation commodities abroad. 'Tis true, that the French, 
Dutch and Danes, Hamburghers and other nations trade to Africa 
in a joynt-stock; their trade being not very considerable; whereas 
had they the benefit of so large and so many improveable Plan- 
tations as belong to Great Britain in America, 'tis presum'd 
they would soon enlarge that profitable trade to a greater extent 
by laying the same open, and the separate traders do say that 
the Portuguese never had any except the Cacho Company, which 
lasted but 5 years, but that the trade remain'd open to all 
people of that nation, and that they usually carry'd off more 
negroes yearly (before our trade was open'd by the said Act) 
than all other nations in Europe ; and the}' say likewise, it can 
be proved, that there have been about 100 sail of Portuguese 
vessels in one part of the coast of Africa in one year, when 
there hath been but one Company's ship (while the trade 
was exclusive) in 15 months at one of the Company's chief 
places of trade. Tho' the carrying on of this trade in the way 
now settled by the Act, is much more advantageous to the publick 
than that of an exclusive Joynt-stock, yet we find that great 
inconveniencies have arisen, and will unavoidably arise from 
it's being carry'd on upon such different and contending in- 
terests as those of a Joynt- Stock, and of a separate trade, for 
while they strive to beat each other out of the trade, the value 
of our commodities is greatly lessen'd, and those of Africa as 
much increas'd, and it is reasonable to believe that from such 
a struggle in trade the disputes and quarrels between the 
Company and the natives, and the losses of which the Company 
complains, have in some measure proceeded ; for tho' the Com- 






AMERICA AND WEST INDIES. 



213 



1709. 



Jan. 27. 

St. James's. 



Jan. 27. 

Whitehall. 



Jan. 27. 

St. James's. 



Jan. 28. 

St. James's. 

Jan. 29. 

St. James's. 



pany do impute the great lessening of their stock to the extraor- 
dinary charges in maintaining the Forts and castles over and 
above the produce of the 10 p.c., yet if the said 10 p.c. had 
been well invested in goods, and prudently managed, it might 
have answer'd that service. In the valuation of the Company's 
quick-stock (as given by them) all the debts due to the Company, 
of what kind soever being included, unless we were uble to 
distinguish the good' debts from the bad, we cannot positively 
affirm in what condition the Company now is, with regard to 
their real stock in trade, but do believe it is reduced so very 
low that it will be impossible (upon the foot they now stand) 
for them to carry on that trade, which, if duly extended will 
employ a much greater stock than the Company have hitherto 
at any time "had. Their forts and castles and other their dead 
stock, the Company did last year value at 141,450, tho' the 
separate traders say that (at the time of passing the Act) all 
their forts and castles then in their possession were valued 
by some separate traders (well acquainted with their affairs) 
at no more than 4,100, and if they are of greater value now, 
by any additional fortifications made to any of them since 
that time, the separate traders hope it will be thought reasonable 
that such improvement should be look'd upon as owing to the 
10 p.c. by them paid (pursuant to the said Act) in proportion 
to their duties. [C.O. 389, 20. pp. 275-313.] 

332. Order of Queen in Council. Stores of war for New 
Hampshire ordered as Nov. 25, 1708 etc. The Governor to 
return an account to the Board of Ordnance, etc. See A. P.C. 
II. pp 571-574. Signed, Edward Southwell. Endorsed, Reed. 
7th, Read 9th Feb., 170f. 11 pp. [C.O. 5, 865. No. 11 ; and 
5, 913. pp. 49, 50.] 

333. Council of Trade and Plantations to the Lords Pro- 
prietors of Carolina. We desire to know your resolution, as 
soon as may be, concerning the Boundary Commission, etc. 
(See Jan. 7, and 13, 1709). [C.O. 5, 1292. p. 91; and 5, 
289. p. 154.] 

334. Order of Queen in Council. Order of Jan. 9 relating 
to petition of Lord Baltimore revoked, upon petition of William 
Penn, setting forth that the case had been heard and settled 
Nov. 7, 1685. Signed, Edward Southwell. Endorsed, Reed. 
3rd, Read 4th Feb., 170f . 1 p. [C.O. 5, 1264. No. 59 ; and 
5, 1292. pp. 97, 98 ; and 5, 720. No. 3.] 

335. H.M. Warrant for Robert Eleis to be of the Council in 
Nevis. [C.O. 5, 210. p. 130.] 

336. H.M. Warrant for Wm. Byam to be of the Council in 
Antegoa, in the room of Barry Tankard, etc. [C.O. 5, 210. 
p. 130.] 



214 



COLONIAL PAPERS. 



1709. 

Jan. 29. 337. H.M. Warrant for Wm. Whittington to be. of the 
Council in Maryland. [C.O. 5, 210. p. 130.] 



Jan. 29. 

Admiralty 



Feb. 1. 

Jamaica. 



338. J. Burchett to the Council of Trade and Plantations. 
Recommends to their Lordships Mr. Gordon (c/. Jan. 25), who 
has been many years in this office, etc. Signed, J. Burchett. 
Endorsed, Reed. Read Feb. 1, 170f. Holograph. 1 p. [C.O. 
28, 12. No. 4 ; and 29, 11. p. 397.] 

339. Governor Handasyd to the Council of Trade and Plan- 
tations. I think myself obliged by this opportunity to acquaint 
your Lops, that the Assembly after sitting 4 weeks have made 
ready two Laws, one for the quieting possessions, the other the 
settling the ffees of the severall Offices of this Island. After 
many disputes for and against them, by the advice of the 
Councill and Attorney Generall, as your Lops, will see in the 
Minutes of the Councill of Jan. 29, which I shall send you by 
the first packett-boat or man-of-war, being very well assured 
the Assembly resolved to enter on no other business, till satis- 
faction was given them in relation to these two Bills, and 
most part of the objections that were to them before being 
removed, I have at last passed them which I hope will be 
approved of by H.M. and your Lops. I have not been backward 
to put the Assembly in mind how much they will be obliged 
to H.M., if she is pleased to give her royall assent to them, 
and therefore do assure myself they will enable the Treasury to 
pay its contingent charges for the support of the Government. 
The Quartering Act expiring was another motive of my passing 
these two Bills, and I hope it may be the means of the As- 
sembly's making a better provision for the Officers and soldiers 
of H.M. Regiment here, as well as the Treasury. The enclosed 
paper will give your Lops, an account of what prizes have 
been taken and brought in here since my last, the value of 
them I am not acquainted with, but believe some of them were 
very considerable. Here are severall sloops and other vessells 
igoing to trade on the Spanish coast under convoy of two 
men of war. A French privateer sloop and periago lately 
landed on the north side of this Island, and took off 32 slaves, 
they likewise took 3 sloops from thence, 2 of which were loaden 
with ffurstick and piemento, but of no great value. The good 
news of the glorious success of H.M. fforces, under the comand 
of his Grace the Duke of Marlborough, we had the other day 
by a runner from Bristoll, which puts me and the Regiment 
under my command in hopes of being soon relieved. Mr. 
Wager designs very shortly to sail with all the fforce he can 
make *to windward, to endeavour to intercept some merchant 
ships coming from Old France to Hispaniola under convoy of 
two men of warr, one of 70 guns, the other of 50, which, are 
to cruize there some time, and then go down to the Havanna, 
where they are to bee joined by a ffleet from La Vera Cruz, 
which is very rich, to strengthen their convoy home. I have 
given instructions to all the privateers commissioned from hence 



AMERICA AND WEST INDIES. 215 

1709. 

to join with some Dutch privateers that lie to windward, if 
they can, and cruize between La Vera Cruz and the Havanna, 
in hopes to fall in with that fleet, which is now under a very 
weak convoy. I have been obliged to put on board Mr. Wager's 
squadron betwixt 200 and 300 men of H.M. Begiment, to help 
to man the ships, whidh makes the duty very hard on those 
left on the Island. I shall give your Lops, a more particular 
account of affairs here by the first packett boat that arrives, 
or man of war that sails from hence. 

P.S. Since my concluding this letter here is arrived in the 
harbour of Port Boyall a Gunea ship of 300 tonn retaken by 
H.M.S. Jersey from two French privateers, who took her off 
Cape Tiberoon in her way to this Island. Signed, Tho. Han- 
dasyd. Endorsed, Becd. 2nd, Bead 4th April, 1709. 3 pp. 
Enclosed, 

339. i. An account of prizes brought into Port Boyal since 
Nov. 12, 1708 = 10. (4 French and 4 Spanish). Same 
endorsement. 1 p. [C.O. 137, 8. Nos. 33, 83.i.; 
and (ivithout enclosure) 138, 12. pp. 377-380.J 

Feb. 2. 340. Council of Trade and Plantations to the Queen. Re- 
Whitehall. port upon the petition of the Bahama Merchants etc., Dec. 
30, . 1708. We have heard the petitioners, as also the Lords 
Proprietors by their Council. It did appear to us, at the 
said hearing, that these Islands have been wholly neglected; 
that no arms, ammunition or stores of war have been sent 
thither by the Lords Proprietors these 20 years past; tho' 
frequent applications have been made to them upon that ac- 
count: that the side of the Fort next the sea, upon the Island 
of Providence (which was the only place of strength) has 
been demollished and still lyes unrepaired ; that the guns that 
were- in the Fort have been spiked up and thrown over the 
wall by the French and Spaniards, when they plundered the 
said Islands in 1703, as they have done 2 or 3 times since, 
insomuch the inhabitants have deserted to such a degree, that 
of 150 families formerly on the Island of Providence, there 
are now but 12 remaining, and those dispers'd. So that the 
Petitioners have fully proved the allegations of their petition, 
etc. Repeat argument for resuming the Islands to the Crown. 
See June 17, 1707. In the meantime, since the defenceless 
state of those Islands hath been thro the neglect of the Pro- 
prietors, we humbly offer that, to prevent their falling into 
the hands of the enemy, and for the better administration of 
the Civil and Military Government there in time of war, your 
Majesty be pleased to send over with your Boyal Commission a 
Governor well experienced in Military affairs, and fitly qualify'd 
for such an employment, as was done in some other Propriety 
Governments during the late war ; and which your Majesty 
may legally do in the present case, according to the opinion 
annexed. . And we further humbly offer that your Majesty be 
pleased to send along with the said Governor at the least one 
oompleat company of foot for the defence of the said Islands, 



216 



COLONIAL PAPERS. 



1709. 

and that such Governor be impowered and enabled by a suit- 
able number of gunners, with a supply of warlike stores and 
other necessaries, to be sent from hence to repair the said 
Fort, and to put the said Islands in a good state of defence, 
as has allready been humbly proposed, May 24, 1706, June 17, 
1707. [C.O. 5, 1292. pp. 92-95.] 

Feb. 2. 341. Council of Trade and Plantations to the Lords Pro- 
Whitehall. prietors of Carolina. Refer to letter of Dec. 9, 1708. It being 
some time since the Virginia Fleet arrived, we desire to know 
whether you have received any further account of the goods 
of the Virginia Indian traders seized in S. Carolina, etc. [C.O. 
5, 1292. p. 96; and 5, 289. p. 153.] 



Feb. 3. 
Craven 
House. 



342. Lords Proprietors of Carolina to the Council of Trade 
and Plantations. Reply to preceding. Since the arrivall of 
the Virginia Fleet, we Ihear that the Loyal Johnson from Carolina, 
on board of whidi our Secretary and Attorney General are, 
fell short in her voyage, and was left in Virginia, but we 
are dayly in expectation of her arrivall, etc. Signed, Craven, 
Pallatine ; Beaufort, J. Colleton, J. Danson. Endorsed, Reed. 
4th, Read 7th Feb., 170f. 1 p. [C.O. 5, 1264. A T o. 60; and 
5, 1292. p. 98; and 5, 289. p. 153.] 



Feb. 3. 343. Certificate of the Queen's Remembrancer's Office that 

Westminster. Governor Tynt has given security in 2000 to observe the Acts 
of Trade. Signed, Hen. Stevens. Endorsed, Reed. Read Feb. 
9, 170f. f p. [C.O. 5, 1264. No. 61.] 

Feb. 3. 344. Order of Queen in Council. Referring Representation 

St. James's, upon the Bahamas, Feb. 2, to H.M. Attorney and Solicitor 
General, who are to report, with all convenient speed, what they 
conceive may be fit to be done thereupon. Endorsed, Reed. 9th, 
Read 15th Feb., 170|. 1 p. [C.O. 5, 1264. No. 62; and 
5, 1292. pp. 132, 133.] 



Feb. 4. 345. Major Lloyd to the Council of Trade and Plantations. 

[15 N.S.] The Garryson of St. Johns haveing been surprised on Dec. 21 
Platientia. last and carryed by the Enemy before ye soldiers could gett 
under armes, I take leave to acquaint you therewith by this 
which goes by the way of France, tiherefore cannot expect to 
say more then to pray your Lordshypps I may be demanded 
by ye commanding officer of St. Johns next summer according 
to ye Chartell formerly settled between ye commanding officers 
of both nations for exchange of prisoners in this Collony, 
in order to my being tryed there by a Court Martiall far ye 
justification of my behaviour relateing to ye misfortune that 
happen'd. Signed, Tho. Lloyd. Endorsed, Reed. 17th, Read 
20th June, 1709. Holograph. 1 p. [G.O. 194, 4. No. 95; and, 
195, 5. p. 110.] 



AMERICA AND WEST INDIES. 



217 



1709. 
Feb. 4. 
Whitehall. 



Feb. 5. 

African 
House. 



Feb. 8. 
6 p.m. 



346. Council of Trade and Plantations to the Earl of Sun- 
derland. Enclose following for H.M. signature, at the first 
convenient opportunity, the convoys bound with the trade for 
Virginia having orders to sail with the first fair wind after 
the 10th. Annexed, 

346. i. Additional Instruction to Governor Hunter. Revo- 
king Instruction about granting lands in Virginia, 
April 30, 1707. The method of granting lands is to 
be according to the Charter and Laws of Virginia, 
"due care being taken that in all such grants of lands 
hereafter to be made, regard be had to the profitable 
and unprofitable acres, and particularly that every pat- 
tentee be obliged in the best and most effectual manner 
to cultivate and improve 3 acres part of every 50 acres 
so granted within the term of 3 years after the passing 
of such grant. And in case of failure thereof, such 
grant or grants to be void and of none effect. [C.O. 
5, 1362. pp. 350-355.] 

347. Royal African Company to Mr. Popple. Ask for 
names of ships that have, since the passing the Act to settle 
the trade to Africa, imported negroes into Jamaica and Antegoa, 
and the number of such negroes imported by the separate traders 
into each of these Plantations. Signed, John Pery, Sec. En- 
dorsed, Reed. 5th, Read 7th Feb., 170f. Addressed. % p. 
[C.O. 388, 11. No. 110; and 389, 20. p. 316.] 

348. James Campbell to Mr. Popple. I was this day to waite 
on you, 'but came too late, from thence I went to ye House 
of Lords to waite on my Lord Stamford, but missed of him. 
At my return to ye Citty, I just now received the favor of 
yours, and in answer send you the inclosed coppy of a letter 
I had last night by the Lisbon male from Newfoundland, etc. 
Signed, Ja.' Campbell. Endorsed, Reed. Read Feb. 9, 170f. 
Holograph, Addressed. Sealed. 1 p. Enclosed, 

348. i. H.E. to James Campbell. Harbargrave Island, Jan. 
4, 1708. I writ you by Mr. Archey Cummings, who 
I hope is safe with you. I am now to informe you 
of the misfortun of the countrey since Mr. Gumming 
left this countrey. On Dec. 21 the French from Pla- 
centia to the number of 160 cam to the Fort of St. 
Jones, and ther with Staling ladders gott over the 
work without any resistance, only two small armes 
the sentry fir'd. Major Loyd then asleep in his bed, 
and after the French gott into the Fort, the inhabitants 
in the new Fort rose in armes, and would have taken 
the Fort again from the French, but the shouldiers 
could not gett the keyes out of the Major's house, but 
when the French cam he could find them, soe from 
some of those men that have mad their escape to 
those respective Islands, Harbargrav and Carbanere 
Island the Fort was actually sold to the French, or 



218 COLONIAL PAPEBS. 

1709. 

els that number would never have taken it, they sur- 
render'd the Castle next day, being never an officer 
in it to command it. Wee have petition'd the Queen 
to send us succors betimes in the spring, for I doe 
hope if we can have succors betimes in the spring, 
we shall be able to keep those Islands from the insults 
of the Ennimie. I hope you will doe what you can to 
the Government, or els we shall make noe voyages this 
yeire insuing, etc. Signed, H.E. Copy. 1 p. [0.0. 
194, 4. Nos. 83, 83. i. ; and 195, 5. pp. 79, 80.] 

Feb. 8. 349. Deposition of Capt. John Wentworth, Commander of 

the Lusitania, and Capts. Thomas Lemon and Isaac GoswilL 
Have used the trade to Barbados upwards of ten years, and 
have in time of peace as well as war been obliged to clere 
at the Secretary's Office, and take out a licence to saile, signed 
by ye Governor and attested by ye Secretary. The fee for 
the licence to ye Secretary hath never bine less then 3/9. 
Sinned, J. Wentworth, Tho. Lemon, Is. Goswill. Endorsed, 
Becd. Bead Feb. 14, 170 f. f p. [O.O. 28, 12. No. 5.] 

Feb. 9. 350. Copy of the Privy Seal for establishing the salaries 

of the Commissioners of Trade and Plantations, as appointed 
May 4, 1708: 1000 per annum to Thomas, Earl of Stamford, 
William Lord Dartmouth, Sir Philip Meadows, John Pulteney, 
Bobert Monckton, Sir Charles Turner, and in proportion to the 
day of his death, to the executors of Lord .... Herbert of 
Cherbury lately deed. 400 per annum to the four Clerks 
of the Privy Council for dispatch of orders and business re- 
lating to the Council of Trade; and 73 to be divided equally 
between the two Doorkeepers of the Council Chamber ; 500 to 
Wm Popple, Secretary, and 650 to be divided amongst the 
under-officers, etc. Signed, John Tench, Deputy to Thomas 
Gosling. 1\ pp. [O.O. 388, 76. No. 50; and 389, 36. pp. 
380-387.] 

Feb. 10. 351. Order of Committee of House of Commons (appointed 
to consider of methods for the more effectual execution of the 
Laws now in force for excluding from the House of Commons 
Officers and such as receive pensions during pleasure.) The 
Commissioners of Trade are to lay before the Committee on 
Tuesday an accompt of such pensions during pleasure as paid 
by them. etc. Signed, Tho. Onslow, Chairman. Endorsed, 
Becd. Bead Feb. 11, 170f. f p. [C[.0. 388, 76. No. 48; and 
389, 36. p. 377.] 

Feb. 11. 352. Council of Trade and Plantations to the Earl of Sun- 
Whitehall, derland. Enclose following to be laid before H.M. 

352. i. Council of Trade and Plantations to the Queen. 
Representation upon the complaints against Governor 
Crowe. Cf. Dec. 3, 1708. We have received his 
answer and the Minutes of Council Sept. 25, 1708, 



AMERICA AND WEST INDIES. 219 

1709. 

whereby it appears that he has suspended the Com- 
plainants from the Council, during your Majesty's 
pleasure, without assigning any other cause for his 
having so done, than that they delivered to him the 
said Articles of complaint, which he terms a false, 
libellous and scandalous paper. When the Complain- 
ants are prepared with their proofs, and the Governor 
to make his defence, as by your Majesty's Order (Dec. 
30) is directed, and the complaint shall thereupon have 
been fully heard in such manner as your Majesty shall 
think fit to appoint, it will then appear whether the 
Governor has been guilty of what is laid to his charge ; 
therefore we shall not presume now to offer anything 
to your Majesty in regard either to the truth or false- 
hood of the matters contained in the said complaint. 
But we thought it our duty so far to enter into the 
consideration of the complaint and answer, as to 
whether the complainants had thereby given just cause 
for such their suspension ; and thereupon do find that, 
as the Complainants affirm the said articles of complaint 
were by them delivered to the Governor in a private 
and respectfull manner at his own house, no other 
person being present or privy thereunto, which method 
they say they took the better to prevent any heats or 
disorders in the Island on that account. As they took 
this method to acquaint the Governor with the com- 
plaint they intended to lay before your Majesty of his 
maleadministration, so have they taken care in the 
framing thereof not to make use of any scurrilous or 
indecent expression, which might give just offence. Nor 
does the complaint seem to be without ground, since the 
Governor in his answer does admit several of the 
facts, tho' not as the same are set forth in the com- 
plaint; however that will more fully appear, upon such 
further examination as your Majesty shall think fitt 
to direct. In the meantime, there does not appear 
to us any good reason for the Goveraour's having sus- 
pended the complainants from the Council. If they 
had laid this complaint before your Majesty without 
acquainting the Governour therewith, and upon it your 
Majesty had thought fit to have put the same into a 
method of examination, in that case we cannot imagine 
that the Governor wou'd have suspended them from 
the Council, while the complaint was under examin- 
ation, and there seems to be less reason for his doing 
it in the present case, which differs only in their 
having given him) a copy of the complaint in the manner 
before-mentioned, whereby he might be better prepared 
to make an early defence, and if inocent, be the sooner 
eased of the weight of so heavy an accusation. Tho' it 
be the undoubted duty of every Member of that your 
Majesty's Councill to pay all due and lawfull submission 



220 



COLONIAL PAPEBS. 



1709. 



Feb. 11. 

Whitehall. 



Feb. 11. 

Whitehall. 



Feb. 12. 

Whitehall. 



Feb. 13. 

St. James's. 



Feb. 13. 

Whitehall. 



Feb. 14. 

Custom- 
house, 
Lyme. 



to the authority wherewith your Majesty has been 
pleased to intrust the Governour; yet if upon a com- 
plaint, made to your Majesty by any of the Members 
of that Board (who in some cases have a concurrent 
power with the Governor and in others are assistants 
to him) the persons so complaining shall by reason 
thereof without any other cause be liable to suspen- 
sion, we think that such proceeding will greatly tend 
to discourage all manner of complaint, how just or well 
grounded soever the same may be ; and that thereby the 
Governor will be left without any sort of cheque in 
the administration of Government. Wherefore we do 
humbly propose that the suspension of the said Coun- 
sellors, William Sharpe, Alexander Walker and Samuel 
Beresford be taken off, and that they be restored to 
their respective places in that your Majesty's Council. 
[C.O. 29, 11. pp. 398, 410-415.] 

353. W. Popple to W. Lowndes. Encloses Gov. Parke's com- 
plaints as to illegal trade in the Leeward Islands, (Oct. 1, 
1708) to be laid before the Lord High Treasurer. [C.O. 153, 
10. 'p. 304.] 

354. Council of Trade and Plantations to Governor Dudley. 
In pursuance of Order in Council, Jan. 27, you are to take care 
that the stores of war ordered for New Hampshire be not issued, 
but as the necessary defence of the inhabitants shall require; 
and that you transmit to us and to the Board of Ordnance regular 
accounts of the expenditure and remain of all such stores, as 
by your Instructions and our letter of Aug. 4 last you are 
required to do. You are therefore to give the necessary direc- 
tions both in New Hampshire and the Massachusets Bay that 
H.M. pleasure herein be punctually and duly complied with. 
[C.O 5, 913. p. 51.] 

355. Mr. Popple to Thomas Corbin. Encloses letters for 
Col. Jenings, to be forwarded by the convoy for Virginia, 
etc. [C.O. 5, 1362. p. 356.] 

356. Order of Queen in Council. Messrs. Sharpe, Walker 
and Beresford are to be restored to their places in the Council 
of Barbados, etc. Warrant to be prepared accordingly. Cf, 
Feb. 11 and 19. Signed, John Povey. Endorsed, Reed. Feb. 
25, Bead March 2, 170 . 1 pp. [C.O. 28, 12. A 7 o. 15; and 
29, 11. pp. 424-426.] 

357. Mr. Popple to Mr. Burchett. Quotes Governor Han- 
dasyd (Oct. 27, 1708) as to need of sailors at Jamaica, for the 
Lord High Admiral's information. [C.O. 138, 12. p. 360.] , 

358. Thomas Jans to Mr. Popple. Encloses following. 
Signed, Tho. Jans. Endorsed, Becd. Bead March 3, 170f. 

p. Enclosed, 



AMERICA AND WEST INDIES. 



221 



1709. 



Feb. 14. 

Whitehall. 



Feb. 14. 



Feb. 14. 
Whitehall. 



Feb. 14. 

Louden. 



Feb. 14. 

London. 



Feb. 15. 



358. i. List of ships wch. sailed from Port Lyme Regis 
to the fishery at Newfoundland, Christmas 1707 1708, 
= 1. Signed, Tho. Jans, Collector, \Vm. Bennett. 1 p. 

[C.O. 194, 4. Nos. 88, 88.i.] 

359. Council of Trade and Plantations to the Earl of Sun- 
derland. Representation on petition of Mary Bowden (April 
22, 30th, and Nov. 12, 1708.). It appears by the report and 
affidavits transmitted from St. Kitts, that she* could not show 
any title to the Plantation, nor that she had made any improve- 
ment thereon; that Governor Parke had paid her the full of 
what her negroes were appraised at ; and that he was so far 
from hindring her from coming over to this Kingdom, that 
when (upon her endeavouring to come away) she was arrested 
for debt (which was the true reason of her being stopp'd) the 
Governor himself became her security, upon which she was 
discharged. And therefore we humbly represent, in concurrence 
with tho oppinion of the Lieut. Governor and Councill of St. 
Christophers, that it does not appear the petitioner had any 
ground for complaint against Governor Parke, and that her 
allegations are not true. [C.O. 153, 10. pp. 305-307.] 

360. Deposition of J. Warters as to the rights of the 
Provost Marshal of Barbados. Similar to No. 362. Signed, 
J. Warters. Endorsed, Reed. Read March 1, 170f. 1 p. [C.O. 
28, 12. No. 14.] 

361. Council of Trade and Plantations to the Committee of 
the House of Commons (v. Feb. 10). No such pensions are paid, 
nor ever have been paid by us to any person whatsosver. 
{C.O. 389, 36. p. 378.] 

362. Deposition of Mr. Woodbridge, Judge of the Court of 
Admiralty, Barbados, till Sept., 1708, that George Hannay and 
James Hannay, Provost Marshal, and George Hays, Deputy 
Marshal, executed the office of Marshal of the Admiralty and 
received the profits thereof. Signed, Dudley Woodbridge. En- 
dorsed, Reed. Read March 1, 170|. 1 p. [C.O. 28, 12. No 11.] 

363. Deposition of Patrick Mein, formerly Judge of the 
Court of Admiralty, Barbados, to the same effect as preceding. 
Signed, Pat. Mein. Endorsed, Reed. Read March 1, 170f . 1 p,. 
[C.O 28, 12. No. 12.] 

364. Deposition of Tho. Foulerton and Wm. Heysham. 
George Hannay, as Provost Marshal, used himself or by Deputy, 
to levy executions upon the judgments obtained in all or most 
of the Courts of Common Law. Before his death the Judges 
of the respective Courts began to claim a right of appointing 
their own Marshal by vertue of an old obsolete law of the 
Island, but Mr. Hannay contested the matter and maintained 
his patent. Whilst the office of Provost Marshal General ex- 
tended all over the Island it was better executed than it has 



222 COLONIAL PAPERS. 

1709. 

been since. The offices of Marshal of the Assembly, Marshal 
for the Council and Court of Errors, Marshal of the Court of 
Admiralty, Serjeant at arms for the Court of Chancery, were 
always, dureing our residence in Barbados without interruption 
or dispute executed by Mr. Hannay and his deputies. Signed, 
Tho. Foulerton, Wm. Heysham. Endorsed, Eecd. Read March 
1, 170f. 2 pp. [C.O. 28, 12. No. 13.] 

Feb. 15. 365. Order of Committee of the House of Commons (See 
Feb. 10). The Commissioners of Trade are to lay before the 
Committee the establishment of their Office, and whether the 
persons therein named are interessed for themselves or in trust 
for any other person, and for whom. Signed, Tho. Onslow, 
Chairman. Endorsed, Reed. 15th, Read 18th Feb., 170|. p. 
[C.O. 388, 76. No. 49 ; and 389, 36. p. 379.] 

Feb. 15. 366. Joshua Kocherthal to the Council of Trade and Plan- 
New York, tations. Returns thanks for the favours of the Board to him- 
self and the poor German Protestants. See C.S.P. 17068. 
Signed, Josua Kocherthal. Endorsed, Reed. Read Aug. 29, 
1709. Addressed, Sealed. Latin. 1 p. [C.O. 5, 1049. No. 
108.] 

Feb. 15. 367. Council of Trade and Plantations to Mr. Secretary 
Whitehall. Boyle. In obedience to H.M. commands (Aug. 4, 1708), we 
have examined the complaints from Antigua against Governor 
Parke, etc. March 9, 170|. As to what relates to the dissolving 
of the Assembly, we find by the Minutes of Councill in As- 
sembly, March 1-5, 170|, that the Assembly did sit but three 
days, but that their dissolution was by advice of the Councill 
there in regard the Assembly did refuse or neglect to proceed 
upon the publick business of the Island, unless some unwarrant- 
able priviledges by them claimed were first complyed with, 
not for addressing in behalf of the woman who complained of 
having soldiers put into her house. We find by the foresaid 
Minutes that Mrs. Cardro, or Hasings, the woman named in the 
Address, had no right or title to the said House, she having 
forfeited the land whereon it was built, by not complying with 
the directions of the Law of that Island, relating to the seating 
of lands; the said lands and house (if it can be called so, 
being but 8 foot square) were thereupon granted to another 
person, who likewise forfeited the same, and for the same 
reason ; that one of the Lieutenants of the Regiment having com- 
plain'd to Col. Park that the Magazine[s] were so crouded 
that he feared they might get distempers, Col. Park ordered 
the said Lieutenant to put some of the said soldiers into that 
House, which he did accordingly. This is what the complaint 
calls sending of soldiers to take possession of a poor woman's 
house without law or reason. Having on this occasion pe- 
rused the several Minutes of Councill, we find that the Governor 
has behaved himself witih great zeal for H.M. service, as Jike- 
wise with great care and diligence for the good and security 



AMERICA AND WEST INDIES. 



223 



1709. 



Feb. 15. 

Whitehall. 



Feb. 18. 

Whitehall. 



of those Islands, which in justice to him we cannot but acquaint 
you with. Autograph signatures. 3 pp. Enclosed, 

367. i. Minutes of Council of St. Christophers, Nov. 12, 
1708. 2f pp. 

367. ii.-iv. Extracts of letters from Antigua, March 9,1708, 

St. Kitts, Nov. 13, 1708 and Governor Parke Nov. 14, 
1708, referred to in preceding. Duplicates. 5 pp. 
[C.O. 152, 39. Nos. 118, 118.1. -iv.; and (without en- 
closures) 153, 10. pp. 308-310.] 

368. Council of Trade and Plantations to the Earl of Sun- 
derland. Enclose draught of Instructions, relating to the Acts 
of Trade and Navigation, for the Lords Proprietors of Carolina, 
to be given to Major Tynte, appointed Governor, they being 
to the like effect as those given to them and all other Proprietors 
of Plantations on the like occasion. Annexed, 

368. i. Instructions referred to in preceding. Cf. March 
24. [C.O. 5, 1292. pp. 99-131.] 

369. Council of Trade and Plantations to the Queen. Repre- 
sentation upon the petition of A. Skene (Cf. July 8 and Sept. 
20, 1708). Quote charges and defence (Cf. Journal of Council 
of Trade, Feb. 14). It appears to us, the said Skeen is not 
the first Secretary who hath taken such fees, the like 
having been received by his predecessors ; however the com- 
pelling masters of ships to petition for liberty to sail, whereby 
they are put to the charge of having such petitions drawn, 
and the 5/s. paid for the Governor's Order upon every petition, 
over and above 3/9d. for every licence to sail are an imposition 
and burden upon trade, and therefore we humbly offer that your 
Majesty signify to the Governor your dislike thereof, and that 
for the future masters of ships may be put to no other charge 
for licence to sail than that of 3/9d., the ancient and accustomed 
fee: and that such signification of your Majesty's pleasure be 
entred in the Council! Books there, and that the same may 
be made publick. The second charge relates to Skeen's receiving 
210 for procuring] a fleet to be stopt in May, 1704. Upon the 
whole matter, tho we cannot but adhere to our former opinion 
that he has justly incurred your Majesty's displeasure in liaving 
been engaged in the several beforementioned practices, yet in 
regard that the aforesaid fees of 12/6 and 5/s. imposed upon 
trade were not first introduced and demanded by him, and that 
he has continued for more than three years past under a suspen- 
tion from the execution and profit of his office of Secretary, 
that he has past the form of a tryal (tho' we cannot think 
the same so regular as it ought to have been) and in regard 
of the good character which has been given of him, we do 
humbly submitt it to your Majesty, whether he may not be a 
proper object of your Majesty's clemency and goodness in direct- 
ing that his suspention be taken off, and he restored to the 
execution of his office ; which if your Majesty shall be gratiously 
pleased to doe, we presume that the punishment he has already 



224 



COLONIAL PAPERS. 



1709. 



undergone will deter him from! the like practices for the future. 
[C'.O. 29, 11. pp. '403-409.] 



Feb. 19. 37O. The Queen to Governor Crowe. You are to restore 
St. James's. Messrs. Sharpe, Walker and Beresford to their respective places 
in the Council, etc. Countersigned, Sunderland. 1 p. En- 
dorsed, Recd. Read Feb. 23, 170 f. 1 p. \C.O. 28, 12. No. 
10; and 29, 11. pp. 419, 420.] 

Feb. 19. 371. ' Governor Saltonstall to the Council of Trade and Plan- 
New London tations. Upon the arrival of my Ld. Lovelace to his Govermt. I 
iU C co n iony tiCUfc recd - from him y r - Lordships' letters of May 14 and July 13, 1708. 
etc. I immediately caused the 2 Acts of Parliament therein 
mentioned to be published, and shall use my utmost care yt. 
H.M. Instructions be very punctually observed. Signed, Gur- 
don Saltonstall. Endorsed, Recd. 9th June, Read 12th Dec., 
1709. 1 p. [C.O. 5, 1264. No. 89; and 5, 1292. p. 186.] 

Feb. 20. 372. The Earl of Sunderland to the Council of Trade 
Whitehall, and Plantations. I desire to know whether you have any ob- 
jection to the granting such a pass as is desired in enclosed, 
and what proviso's or restrictions you will think necessary to 
be inserted inj a pass in this particular case. Signed, Sunderland. 
Endorsed, Recd. 25th, Read 28th Feb., 170f. I p. Enclosed, 
372. i. Petition of Peter Diharce, of London, Merchant, 
in behalf of the owners of a Spanish ship Nuestra 
Senora de Begona, for a pass to proceed on a voyage 
from Spain to Newfoundland or New England, and 
to return to Spain with goods not contraband. Signed, 
P. Diharce. 1 p. [C'.O. 388, 11. Nos. 115, 117; 
and 389, 20. pp. 323-325.] 

Feb. 21. 373. Council of Trade and Plantations to the Committee of 
Whitehall, the House of Commons. Reply to Feb. 15. Enclose Privy Seal 
(Feb. 9). We certify, each of us for himself, and not one for 
thi? other, that the respective salaries and every part thereof 
payable to us by the said Privy Seal are to our own proper 
use, and not in trust for any other person or persons whatsoever. 
Signed by the Commissioners, Secretary and Officers, Cf. Feb. 
9. [C'.O. 389, 36. pp. 387-389.] 

Feb. 21. 374. Samuel Barons to Governor Parke. Prays that H.M, 
Order, July 9, 1705, for the restitution of his ship, the America 
and cargo, condemned by Governor Codrington in 1700, may) 
be put in execution. Case stated. Endorsed, Recd. Feb. 21, 
170|. S%pp. [0.0. 152, 8. tfo.ll.] 

Feb 22. 375. Council of Trade and Plantations to the Queen. Repre- 

Whitehall. sentation on Lord Cornbury's letter, Oct. 18, 1708. Foreign 

coins are by this Act of Assembly (of New York) raised to a 

higher rate than at which they are allowed to be current by 

the Act for ascertaining the rates of foreign coins etc. ; and we 



AMERICA AND WEST INDIES. 225 

1709. 

take leave to instance in one particular, vizt., all Spanish coins 
of Mexico, Sevill and Pillar are not to pass at less than &/- 
the ounce Troy; whereas, according to the proportion settled by 
the foresaid Act of Parliament, the ounce Troy ought to be but 
6/10J. Upon this occasion, we cannot but observe that the 
Lord Cornbury, in giving his assent to this New York Law, 
has acted contrary to his Instructions, whereby he is required 
not to permit any Act of Assembly to pass for altering the 
price or value of the current coin within his Government with- 
out your Majesty's particular leave or direction for the same, 
Tho', in the forementioned Act of Parliament, there be a Clause 
(quoted) that this Act shall not restrain H.M. from regulating 
the rates of foreign coins in the Plantations by Proclamation, 
or from giving Her royal assent to any law hereafter to be made 
in any of the said Colonies or Plantations, for ascertaining 
the current rates of such coins, etc., yet the intent of th, 
said Law was that there should be but one and the same 
value of the same species of foreign coins throughout all your 
Majestys Plantations in America. When your Majestys royal 
Proclamation for settling the rates of foreign coins was sent 
over to New York in 1704, the complaints then made by that 
Government were, that if the said Proclamation was duly put 
in execution at New York, that Province would suffer Very 
much thereby, for that the neighbouring Provinces of the Massa- 
chusets Bay or Pennsylvania did not pay any obedience there- 
unto ; and therefore the Lord Cornbury suspended the execution 
of the said Proclamation within his Government, but they did 
not then make any objection to the rates at which your Majesty 
was pleased to order the said coins to pass. We further hum- 
bly offer, that, should this New York Act be confirm'd by your 
Majesty, it may reasonably be presumed the other Plantations 
will also pass laws of the like nature, and thereby raise the 
value of such coins as they shall think most to their particular 
advantage ; which method would entirely defeat the intent of 
the foresaid Act passed here the last Session of Parliament, 
and bring the Plantations under the same inconveniencies as 
formerly. We are humbly of opinion that your Majesty be 
pleased to signify your disallowance and disapprobation of the 
forementioned New York Act. [0.0. 5, 1121. pp. 359-362.] 

Feb. 23. 376. Mr. Burchett to Mr. Popple. I have received and corn- 
Admiralty muuicated to my Lord High Admiral your letter. (Feb. 13). As 
Office. m y L or( i High Admiral is very sorry for this great want of 
men for the ships in Jamaica, soe is his Lordship not a little 
surprized at it, since the Governor is pleased to say that the 
shipps are very healthy. However I am to observe to you that 
the late Act of Parliament, which restraines the Captains of 
H.M. shipps from imprest-ing men, even in the greatest neces- 
sity, has undoubtedly put it out of their power of keeping their 
sd. ships soe well mann'd as otherwise they might have been, 
insomuch that both Rear Admiral Wager and Mr. Baker, who 
is now going to succeed him in the command of the squadron at 

Wt. 11522. C P 15 



226 



COLONIAL PAPERS. 



1709. 



Feb. 24. 

Whitehall. 



Feb. 24. 

Whitehall. 



Feb. 24. 

Whitehall. 



Feb. 24. 

Whitehall. 



Jamaica, have orders to send their ships home, when they 'find 
their men soe reduced, as that there are not more than a suf- 
ficient number to sayl them ; but as it is to be hoped tih'at 
the squadron now going will sett forward well mann'd, soe will 
they carry with them supernumerary men, the better to enable 
the ships to come home which are to convoy the Trade, &to. 
Signed, J. Burchett. Endorsed, Reed. Read Feb. 24, 170f. Ad- 
dressed. If pp. [C.O. 137, 8. No. 30; and 138, 12. pp. 371, 
372.] 

377. The Earl of Sunderland to Governor Parke. Acknow- 
ledges letter of Sept. 29. I am yet a stranger to any articles 
Mr. Nevin may have brought against you. Be they what they 
will, you need not doubt of justice and a fair hearing. Signed, 
Sunderland. [C.O. 5, 210. p. 132.] 

378. The Earl of Sunderland to Governor Handasyd. 
Acknowledges letters of Oct. 27, Nov. 23 and Dec. 4. H.M. 
has not yet come to any determination upon your request to 
be recalled, and that your Regiment may be releived. As soon 
as I know H.M. resolution in it, I shall not fail to send you 
an account by the first opportunity ; in the mean time you may 
be assured of H.M. favourable acceptance of your service. 
Signed, Sunderland. [C.O. 5, 210. p. 133.] 

379. Same to Governor Crowe. Acknowledges letters of 
Sept. 6 and 23, and Nov. 2. The charge against you is SQ 
heavy that H.M. could not but grant her letters to the Complain- 
ants for their being restored to their places in the Council of 
your Island, and for a fair and full examination of this matter, 
which I hope instead of doing you any prejudice will prove 
of service to you in giving you an opportunity fully to clear 
yourself, and then you need not doubt of H.M. justice and 
favour, and you may be assured of the good wishes of, Signed, 
Sunderland. [C.O. 5, 210. pp. 133, 134.] 

380. Council of Trade and Plantations to Governor Crowe. 
Acknowledge letter of Nov. 2. As to what you write in relation 
to the remissness of the Custom House Officers, and to the 
power they pretend to have from hence of disposing of all 
inferior places with regard to the Customes in Barbadoes, we 
have laid that matter before the Lord High Treasurer. However 
you ought to have transmitted the like accounts to the proper 
offices. We have had under consideration your answer to the 
complaints of Messrs. Sharpe, Walker and Beresford, as also 
the Minutes of Council to which you referr us for the reason 
of your suspending the said Counsellors ; which do's not seem 
to us to be well grounded; for the presenting to you in the 
manner they did their paper of complaints, is not a sufficient 
reason for suspending them from the Councill, especially 
H.M. pleasure not being first known upon the complaints, 
nor you cleared of what they lay to your charge: wherefore 



AMERICA AND WEST INDIES. 227 

1709. 

we have thought it our duty to represent the same to ELM.,, 
who has thereupon been pleased to direct that they be restored 
etc. (Feb. 19). So that the Council as appears by our list 
(Mr Timothy Salter and John Frere having been lately ap- 
pointed by H.M., and Mr. Middleton. Chamberlain being some 
time since gone over) will be full, and therefore Mr. Samuel 
Berwick and Mr. James Ayns worth are no longer to be con- 
tinued. Upon this occasion we cannot but take notice that 
after you had received H.M. Order for swearing Major Pilgrim 
of the Councill, it was 51 days before you did it, which 
delay in obeying H.M. Orders you ought not to have been 
guilty of. Enclose H.M. letter, Jan. 22. We shall expect the 
public accts. you promise us, by the next conveyance, [p-0. 
29, 11. pp. 421-423.] 

Feb. 24. 381. Council of Trade and Plantations to Governor Parke. 

Whitehall. Acknowledge letters of Oct. 1 and Nov. 3 and' 13 and 14. 
The Address from St. Kitts transmitted Nov. 3 has been laid 
before H.M. As to what you write in relation to the Court 
Jjaw, you wou'd have done well to have sent us the title 
thereof, the time when it was past, and whether the same be 
confirmed here or not, which wou'd have enabled us to have 
been more particular in our answer ; therefore we shall expect 
in your next that you do give us an answer to these particulars, 
to the end we may lay yt. matter before H.M., if it shall 'be 
found necessary for her pleasure therein. We cannot but con- 
cur with you, that it will tend very much to the advantage 
of the Island, that persons be oblig'd to pay the debts they 
have already, or may hereafter contract there, and we are 
sorry to find the inhabitants refuse to do it, and are therefore 
of opinion that you do use your best endeavours with the 
Assembly as well in that Island as in the other three under 
your Government, to get a Law past to oblige all persons to 
pay their just debts ; this we take to be the readiest way to 
prevent fraud and oppression, and what we conceive will turn 
to the good of trade and generall benefit of those Islands. 
We must again repeat what we have severall times writt to 
you, that whilst you continue to act for H.M. service and the 
welfare of the said Islands, the resentmts. of those persons 
concerned in illegal trade and dissatisfied with you for doing 
your duty shall make no impressions upon us to your prejudice. 
On the contrary, we do assure you, that when Mr. Nevin, 
whom we have not yet seen, shall lay tfhe complaints you 
mention he is to make against you before us, our opinion 
will "be that the said complaints be transmitted to you for your 
answer before any determination be had thereupon. What you 
have writ touching illegal trade, has been laid before the Lord 
High Treasurer. We have laid before H.M. your answer to 
Mrs. Bowden's complaints as likewise to those from .Antigua, 
with our opinion, that you have fully cleared yourself thereof, 
We have not received the accounts of stores of war in each' 
of the Islands, which you mention to have sent, Nov. 13, 



228 COLONIAL PAPEES. 

1709. 

therefore you will do well to transmit . the same by the next 
conveyance, as well to us as to the Board of Ordnance ; and 
henceforth yearly accounts of the receipts, expence and remains 
of stores of war within your Government or oftener, as oppor- 
tunity shall offer, etc., as you are required, July 25, 1708 etc. 
Mr. Samuel Barons owner of the America illegally condemned 
in 1700 by Col. Codrington, has acquainted us that finding, 
his business has hitherto been delayed through the neglect of 
his former Agent, Col. Thomas, he intends for the future to 
employ Mr. Edward William and Samuel Byam as his Attorneys 
for the prosecution of that matter; and has thereupon desired 
us to recommend it to you to use your interest with those gen- 
tlemen to engage them in that undertaking, and protection in 
the management thereof, which, request of his being founded 
upon Justice, and consonant to H.M. former directions given 
in his behalf, we do therefore recommend the doing thereof to 
your care. [C.O. 153, 10. pp. 311-314.] 

Feb. 24. 382. Council of Trade and Plantations to Governor Han- 
Whitehall, dasyd. Acknowledge letters of Oct. 27, Nov. 23, and Dec. 
4, 1708. As to the contract made between the French King 1 
and the Duke of Anjou for transporting goods from France 
etc. to the West Indies, we have not yet had time to consider 
the same fully as it ought to be, but we shall do it at th'e 
first convenient opportunity, and if thereupon anything occur 
to us that may be of use to you for your future directions 
in this matter, we shall communicate it to you. The practice of 
privateers selling or burning their prizes as you mention in 
the first of your foresaid letters, may be of ill consequance, but 
having writ fully to you upon the subject of privateers Aug. 
23, 1708, we refer you thereto, and only recomend to you that 
the directions in that letter be observed as much as possible, 
in that case we have reason to hope that the trade with the 
Spanish W r est Indies will increase and flourish again. We have 
laid before my Lord High Admiral what you write in relation 
to the want of seamen for the ships of war. Wee see no 
reason why the Councellors who are Agents for the African 
Company should think themselvs not to be within the meaning 
of the Act for settling the trade to Africa, it appearing very 
plainly to us that they are within the intent and meaning of 
that Act, in regard that they are Judges upon Writs of Error 
and Appeals in Equity, and therefore if they do persist in the 
said Agency, notwithstanding what we writ you June 25, 1708, 
and now write, you are to send over to us a list of their 
names, that H.M. pleasure may be known therein. We are 
sorry to perceive by your letter that you apprehend the As- 
sembly will be averse to the quartering of the Officers of the 
Eegiment at Jamaica, since H.M. is at the expence of keeping 
a Eegiment in that Island for their security, we think that the 
least return they can make is to give quarters to the said 
Officers and soldiers. You will do well therefore to use your 
utmost endeavours in this matter. As to what you write about 



AMERICA AND WEST INDIES. 



229 



1709. 

the Spanish brigantine, taken at sea by the Commander of the 
Kingston gaily without any commission, we shall consider of 
that matter, and by the next opportunity you may expect to 
hear further from us about it. You say that you were not 
pleased with the arrival of a flag of truce from St. lago, 
we wish you had explained yourself a little further, for we 
do not see if due care be taken, and that the flag of truce 
come only for the exchange of prisoners, what the inconvenience 
can be. We observe that there was 28 Spanish prisoners ex- 
changed for 12 Brittish, we presume that was done in order 
to have a proportionable number of our men return'd when they 
fall into the hands of the Spaniards, however we desire you to 
explain this in your next. We have not heard of any design 
the French have upon the Island of Jamaica, but in case they 
should make any attempt, we do not doubt of your zeal and 
care to defend the same. As to your desire of having your 
Eegiment and yourself releived, that matter is now before H.M., 
whose pleasure therein will be communicated to you from the 
Earl of Sunderland. We are glad to perceive the Island is at 
present healthy, we shall expect the account of stores of war 
you promise. As to the laying of embargoes, that is a matter 
you pugM to be tender in, least it prove an obstruction to 
trade. But however when there is an absolute necessity and 
when it is for so short a time as what you mention, we have 
no objection to it. 

P.S. Since our writing what is above we have received a 
letter from Mr. Burchet, a copy whereof is here inclosed. [0.0. 
138, 12. pp. 367-370.] 

Feb. 25. 383. W. Popple to Sir John Cook. Refers to capture of a 
Whitehall. Spanish brigantine by the Kingston galley without a commission. 
See Governor Handasyd, Dec. 4, 1708. The Council of Trade 
and Plantations desire your opinion whether, the aforemen- 
tioned brigantine having upon her arrival at Jamaica been 
seized by the Naval Officer in port, the cognizance thereof does 
lye in the Court of Admiralty there, or in what other Court 
the same may be tryed. [C.O. 138, 12. pp. 372, 373.] 

Feb. 26. 384. H.M. Additional Instruction to Governor Hunter, re- 
st. James's, lating to the method of granting lands in Virginia, as Feb. 4 
and A.P.C. II. p. 588. [C.O. 5, 210. pp. 137-139.] 

Feb. 26. 385. H.M. Additional Instruction to Governor Handasyd, 
St. James's, for the more strict observance of his Instructions relating to 
escheats as June 15, 26 and A.P.C. II., No. 1059. [C.O. 5, 
210, pp. 135, 136.] 

Feb. 27. 386. Order of Queen in Council. A copy of enclosed petition 

St. James's, by Norman Mackaskell to the Queen, complaining that Governor 

Crowe had committed him to gaol for refusing to answer all 

such questions as should be demanded of him concerning the 

proceedings of the late Court of Grand Sessions (see June 18, 



230 COLONIAL PAPERS. 

1709. 

'09, No. xlvi.), and praying for relief therein, is to be sent 
to the Governor and Council of Barbados, who are to return 
to H.M. in Council a true state of the matter and answer to 
petitioner's complaints. Endorsed, Reed. 16, Read 17 Nov., 
1709. 1 pp. Enclosed, 

386. i. Certificate that the above Order has not been read 
att the Council, since it was presented to the Governor. 
Aug. 31, 1709. Signed, A. Skene. Endorsed, Reed. 
Read Nov. 23, 1709. 1 p. 

386 ii. Deposition of Norman Mackasgell, Deputy Clerk of 
the Crown, Barbados. Duplicate of June 18. No, xlvi. 
386. iii. Deposition of Giles Cooke, Clerk to Mackasgell. 
Corroborates preceding. Signed, Giles Cooke. En- 
dorsed, Reed. Read Nov. 23, 1709. 1 pp. [(7.0. 28, 
12. Nos. 48, 48.i.-iii. ; and (without enclosures} 29, 
12. p. 52.] 

March 1. 387. H.M. Instructions to Colonel Vetch. Whereas you have 
St. James's, laid before us the proposall of an enterprise upon Canada a,nd 
Newfoundland, which may turn very much to the security and 
advantage of our subjects in those parts of America, as well 
as to the prosperity of our Kingdomes in generall, We having 
taken the same into our royall consideration, do entirely ap- 
prove of the said proposall, and in order to execute it effectually, 
have thought fitt to give you these our following Instructions. 
You shall immediately repair on board the ship appointed by 
our High Admiral for the transporting you, with such officers 
as shall be sent over under your command to severall of our 
Colonys in North America. Upon your arrivall at New York 
you are to deliver to the Governor of that place a letter from 1 
us, and communicate to him there your Instructions, acquaint- 
ing him that we shall expect from him a punctual and ready 
complyance to all such as relate to him. You shall represent to 
him that out of our great desire to answer the frequent appli- 
cations, which have been made to us by our good subjects the 
inhabitants of those parts, to deliver them from the neighbour- 
hood of the French at Canada, which of late years hath been 
so troublesome to them, we have fitted out an expedition, 
the particulars of which' you shall lay before him, and withall 
let him know, that we strictly require and enjoin him, to give 
such an assistance to the said expedition, as is hereafter speci- 
fyed. You shall signify to him our pleasure, that the Govern- 
ment of New York do furnish a Quota of 800 men, including 
the four standing companys, and that the City Regiments of 
York and Albany do duty in the Forts during the absence of 
the said standing companys. You shall at the same time acquaint 
him that New Jersey is to furnish 200 men, Connecticut 350, 
and Pensilvania 150, so that the whole force will consist of 
1500 effective[s], which are to be disposed into four battallions, 
each battallion to have one of the four regular companys mixed 
and incorporated in it, and to be commanded by the Captain 
as Colonel, whose company is so incorporated in it, and under 






AMERICA AND WEST INDIES. 231 

1709. 

him by the respective officers of the country troops; the officers 
that go with you, and are designed for New York, to be 
distributed among the Companys, as the Governour in concert 
with the Commander in Chief shall think best for t"he service. 
You shall likewise acquaint the aforesaid Governours in our 
name, that we do command and expect from him that the 
Quotas of his Governments be ready at Albany with all things 
necessary for the expedition, by the middle of May next ensuing 
at furthest, and that he furnish,' all the troops with what arms 
and ammunition they want out of the magazine at New York, 
and that he do forthwith: get together, and keep in readinesse 
three months provisions for his quota of men, to be transported 
and lodged in some convenient place at the Wood Creek, or 
elsewhere, for the security of which, he shall in conjunction 
with the Governmts. of Connecticut and Pensilvania cause to 
be built a large wooden storehouse, as also six or more large 
boats, that will carry 60 men each, for the transportation of 
their heavyer stores by water and also contract with the Five 
Nations to make as many canoes with all speed as will be 
wanted for the said expedition. You shall moreover enjoin 
the aforesaid Governour in our name to command and engage 
the aforesaid five Nations as also the River Indians to join 
with all their fighting men in the said expedition, and promise 
them a good present if they do. You shall likewise acquaint 
him that it is our pleasure, that he give all fitting encouragemt. 
to any Gentleman or others, that shall offer themselves to go 
as volunteers in this our service. You shall deliver a letter 
from us to the Governour of Pensilvania, and another to the 
Governour of Connecticut for the time being, and signify to 
them our Royall will and pleasure that they have their quota's 
of men and provisions ready by the middle of May at farthest, 
acquainting them wit-hall, that the Governour of New York 
is ordered to assist them with what arms and ammunition they 
shall want. After having finished your negotiations, for the 
foregoing expedition with all possible secrecy and dispatdh, 
you shall deliver a letter from us to the Governour of New 
England, and another to the Governour of Rhode Island tfor 
the time being, strictly commanding and enjoining them in our 
name to raise at least 1200 of their best men, according to 
their usuall proportions, and likewise to give all fitting en- 
couragement to any such as shall offer themselves to go volun- 
teers in the expedition whether gentlemen or others, as also to 
have in readinesse a sufficient number of transports wth. three 
months provisions, and able pilots, whereof Capt. Southweek 
to be one, and to go in his own galley, and that all may be 
ready to embark by the middle of May next, upon the arrivall 
of the Fleet from England, and for their greater encouragement 
you shall acquaint them that we have ordered arms and ammu- 
nition to be sent with you for the number of troops they are 
to furnisli, which arms and ammunition you shall accordingly 
deliver to the sever all companys, in presence of the Governor 
or Commissary of the country taking a receipt for the same, 



232 COLONIAL PAPERS. 

1709. 

web. you shall transmit to our Board of Ordnance in this 
Kingdoms. You shall with the concurrence and advice of our 
Governour of New England contract with ship carpenters for 
the building of ten or more 'large flatt-bottom boats that will 
carry 60 men each for the landing of troops, and also contract 
with proper persons for the furnishing of eight months pro- 
visions to the troops that shall be left at Quebeck and Montreal, 
if it shall please God to make our forces masters of thesei 
places, and to give us the successe we hope for from this 
expedition. And to the end that nothing may be wanting on our 
part towards engaging the severall Governments to act with 
the uttmost spiritt and vigour in this expedition, you shall 
assure them in our name, that such of the Governments as 
contribute towards the reduction of Canada, shall have a prefer- 
ence both with regard to the soyl and trade of the country, 
when reduced, to any other of our subjects, and when they 
shall have concerted among themselves any reasonable pro- 
posail for the procuring to their respective Colonys, the benefitt 
of the said soyl and trade, we shall not be wanting to give 
our Boyall sanction to the same. You shall communicate these 
our Instructions to Coll. 'Nicholson who has offered himself, 
as a volunteer in this present expedition, and further out of 
our regard of his known abilitys and zeal for our service, 
we do require that you shall a^lmitt him into your private 
consultations with our severall Governours on the methods for 
putting this your proposall in execution ; and if by reason 
of the distance of time and place, any other preparation may 
be necessary for the carrying on of this expedition, which) 
we could not here foresee, and which is not contained in these 
your Instructions, you shall with the concurrence of Ihe Gov- 
ernour who is to assist in any such service, and of Coll. 
Nicholson, make any such preparations, tho' it is not men- 
tioned in these your Instructions, provided that it appear to 
you absolutely necessary for the carrying on of the expedition, 
as ,aforesaid, and that the Governour and Coll. Nicholson do 
entirely concur with you in judging it to be so. Signed, A.R. 
Copy. 9 pp. [C.O. 5, 9. No. 22.] 

March! 1. 388. The Queen to the Governor of New York. Trusty and 
St. James's, and wellbeloved, We greet you well. Whereas We are fitting 
out an expedition, with great expence, for the security of our 
subjects in your Government from the neighbourhood of the 
French in Canada, which has been very troublesome to them 
of late years, according to certain proposals laid before us by 
our trusty and well-beloved Col. Vetch, and pursuant to the 
many applications that have been made to us by our subjects 
who have suffered very much from tflie French in that neigh- 
bourhood; we do hereby strictly require and command you, to 
be assisting to this our expedition, after the manner that the 
said Col. Vetch shall propose to you, and that you look upon 
those parts of his Instructions whicih relate to you, and to 



AMERICA AND WEST INDIES. 233 

1709. 

our Government under your care, and which: we Wave order'd 
him to communicate to you, in the same manner as if they 
were our positive commands directed to yourself, and that you 
pay the same obedience to them. And whereas there may be 
some particulars in our abovementioned Instructions, as that 
of the place of Eendezvous, which you who live in the country 
may be the most proper judge of, we do therefore leave this, 
and other the like circumstances, to be alter'd at discretion, 
as our service shall require, provided that Col. Vetch and Col. 
Nicholson do concur with you in any such alteration, and 
provided that you punctually and exactly observe the numbers 
of men which you are to raise, and the time when they are 
to appear and be in readiness to enter on the expedition. 
2 ipp. [C.O. 5, 1084. No. 40; and 5, 1091. A r o. 14.] 

March 1. 389. Lt. Governor Bennett to the Council of Trade and 
Beinmda. Plantations. Acknowledges letters etc. of May 14 and July 
13. My letter of Sept. 22, 1707 was repeated Feb. 10. Inclosed 
is a list of H.M. Council etc. By Capt. Harford withdrawing 
himself there are now 5 vacancies. When I deliver a packt. 
to any Master of a vessel, I constantly put a string to it 
and order when they find they must be taken, to put a weight 
to it (as your Lordships mentions) and throw it overboard: 
But I fear it is to common that that's forgott when dangec 
approaches, but however since it's your Lordps.' opinion, I 
shall for the future send lists of the inhabitants and what else 
is required by my Instructions etc. What papers I have from 
time to time transmitted to my brother, chiefly related to my 
defence when representations have been made against me. But 
if that's a fault, I shall desist from soe doeing, and depend 
on your Lordsps.' promise, that noe complaints will be made 
use of to my disadvantage, till me or my friends for me 
have been heard. I am very much concern'd that mine of 
June 25, 1706 miscarrye.d, wherein was an account of powder 
and stores of war etc. But I shall with all expedition prepare 
another. The 4 Acts of Assembly your Lordships mentions 
to be wanting are herewith sent, and if not before, the 
omission must be in the Secretary in not transcribing them 
with the rest. But pardon me I am sure that Act for the 
farther regulateing Courts of Judicature hath been (att least) 
twice transmitted. Therefore I conclude it has been intercepted, 
which practise my packts. have to frequently fallen under. 
Here are also other Acts which have been either omitted or 
miscarryed, that were passed both before and between the yeares 
1704 and 1707 and since, etc. Signed, B. Bennett Endorsed, 
Eecd. June 29, Read July 11, 1709. Holograph. 3 pp. En- 
closed, 

389. i. List of Council of Bermuda, showing 7 dead and one 
resigned. Endorsed as preceding. 1 p. [C.O. 37, 
8. Nos. 84, 84. i. ; and (tvithout enclosure) 38, 6. 
pp. 461-465.] 



234 



COLONIAL PAPEBS. 



1709. 
March 1. 

Beittiuda. 



March 1. 

Boston, 

New 
England. 



390. Same to Same. Acknowledges letter etc. July 7, Aug. 
4. I shall acquaint the Assembly when they sit of H.M. 
Order relating to the passing a Bill to encourage the building 
a House at the Ferry. The account of stores of war shall be 
transmitted as soon as possible. Signed and endorsed as pre- 
ceding. Holograph. 1 p. [C.O. 37, 8. No. 85; and 38, 6. 
yp- 465, 466.] 

391. Governor Dudley to the Council of Trade and Plan- 
tations. This comes by Capt. Eiddell in H.M.S. Falmouth, 
which is the only safe conveyance since the Deptford brought 
home the accounts and papers from these Governments the 
last year, and with this your Lordships will receive all the 
Acts of the Assembly of both. Provinces, continuation of the 
Eevenues and grants of supplys for the war, the Minutes of 
Council, the issues of causes and judgments at law, the ac- 
counts of stores, armes, ammunition and cannon in the several 
castles and forts, and what else I am commanded by H.M. In- 
structions and your Lordships' letters. Refers to enquiries of 
May 7, 1707. q.v. All which the answers to the particular 
questions will open to your Lordships' satisfaction unless the 
last, referring to the Governour's imploying his time in H.M:. 
service here, which is after this manner. In May, the General 
Assembly of the Massachusetts sits down, and generally holds 
six weeks, which! I am forced to attend everyday to put forward 
H.M. service and to keep the Houses to their duty. The Council 
consisting of 28 Members and the Representatives about 80, 
they may be, if the Towns please to be at the charge of their 
sitting, one hundred. When that Assembly rises, the Assembly 
of New Hampshire usually sits down for a shorter time, 
being fewer in number and more '[ready'] in their dispatches. 
The issue of these two Assemblys brings July and August, 
[in] which months I have what troubles the French and Indians, 
my neighbours, can give me in the frontiers by their marches 
upon me in the covert of the woods, which keeps me well 
imployed to send forces to all parts of the frontiers of 200 
miles long, which has been so successfully managed these six 
years of the war, that I have not lost one village, nor drawn 
in any, which has been always done in the former troubles 
with the Indians. This trouble and hurry of their incursions 
holds till the fall of the leafe, and beginning of October, 
when the General Assembly of the Massachusetts setts down 
again for another six weeks, and then follows the Assembly 
of Piscataqua, as in the spring, and these bring December, 
when I am fitting out partys from all places upon their snow- 
shoes, who in the depth of the winter for four months are 
searching the forrests for 200 miles deep for the lodgings of 
the Indians, whereby this whole war I have; kept them from 
all their antient seats and planting grounds, and driven them 
to inaccessable places and parts, where no corn will grow for 
their support, and this brings the Spring again, and a new 
year's business, and all the travail and care return again. The 



AMERICA AND WEST INDIES. 235 

1709. 

names of the present Council of the Massachusetts are in the 
inclosed list, tho I suppose that clause in your Lordships' 
letter mistaken, because H.M. do's not supply the vacancies 
of Councellours here, as in all H.M. other Governments, but 
they stand by an annual election, and so the Assembly alters 
them every year as they please, and the Governour has power 
by the Charter to refuse any so elected, which, is usually, 
done, so far as to refuse one or two of the 28, to maintain 
H.M. Prerogative, tho' there is frequently reason enough besides, 
it being easily observed by strangers here, that the best estates 
in many parts of the Countrey are not chosen into the Council, 
but very inferiour persons taken in, both for estate and edu- 
cation, and of less affection to the strict dependance of these 
Governments upon the Crown and Government of England, to 
the hurt of H.M. interest, whidh; can be amended only by 
time, and a steady management of affairs, which, will at length' 
convince the people of their own benefit in H.M. favour by 
their good obedience. By the rule of five to one for old men 
and children against the mustered souldiers, I judge this Province 
to contain when I arrived 50,000 souls, these are all freemen, 
and their children, besides the Blacks, of which your Lordships 
have account in my answer of the Affrican Company. This 
number is increased by 1000 every year, and so I believe they 
are for these last six years that I have served H.M. here, 
the warrs and troubles with the Indians notwithstanding. The 
muse of the People's removal out of this Province is the 
inequality of the taxes. The lands are equal our health here, 
the best of all the Provinces, trade superiour to any, but our 
taxes are seven times as much as any other part of H.M. 
Governments, from Carolina to Newfoundland, and there being 
nothing but a line of marked trees between the inhabitants of 
this and the other Provinces, and they every year see that the 
whole burthen of the warr lyes upon these Provinces, this 
poor people can easily remove to the next Colonys to that 
degree, that I believe we have lost 200 'men within this 5 years, 
most of them to our neighbours of Connecticot, which will 
be all redrest and people quiet, when H.M. shall be pleased to 
make the charge of the war equal upon all the Governments. 
[//?,] Peace, the import and excise, tho very small will maintain 
the charge of the Massachusetts Government, and now wee 
spend in the warr 30,000 per annum by a land tax very 
heavy to the Planter. I mustered the Militia of the whole 
Province in 1702, and gave the account, about 10,000, and I 
believe there are now 1000 more [in *]he musters, the warrs 
and troubles notwithstanding. The commoditys raised in this 
countrey for exportation for Europe are fish, lumber, oyl tar 
and other gumms, furrs ; fish to the value of 30,000; lumber 
2000; oyl, 5000; tarr and gumms 10,000; furrs, 1000; 
besides these from hence comes into Great Britain sugar, to- 
bacco, logwood, and other dyes, rice, molasses etc. to a very 
great Value, produced and brought [7w]her by a trade with 
the West Indies, for provisions, horses and lumber, and from 



236 COLONIAL PAPERS. 

1709. 

Virginia for a coasting trade and barter holden with them, 
all which center at home in England. I know of no commoditys 
of Europe supplying the inhabitants here, but from England 
directly, though they may originally come from Holland, Ham- 
borough, France (in peace) or Spain, because the Acts of 
Parliament command it to be prevented, and I am as carefull 
as is possible, tho it be very displeasing to such as use a 
false trade. The trade of this Province is increased in all 
the articles above to a very great degree, since my [coramgr] 
hither, except the article of furrs, which is abated by reason 
of the war; the Indianis [earn/] their furrs to the French, and 
our own Indians and English are prevented from lying abroad 
and following their traps as in peace. And I must add that 
the woolen trade from England is also in a great measure 
abated, the people here cloathing themselves with their own 
wool, and this is occasioned by two things first the excessive 
prices of all goods from England, nothing is here sold at 
less than 150 p.c. advance, most goods more, so that the 
countrey cannot purchase, and secondly, the returns for England 
in payment pass througjh [so] few hands s that many, if not 
most, have no share in them, and so have not wherewith to 
pay for goods. I begg your Lordships pardon to say, that 
unless tho Kingdom of Great Britain will please to come into a 
lumber trade from these Provinces, and H.M. will please to 
build some of her great ships here, the trade for the woolen 
manufactory will every year grow less, tho' the people increase 
to a very great degree. They are proud enough to wear the 
best cloath of England, if chopping, sawing and building of 
ehips would pay for their cloaths, and this method would 
double the sale of English woolen manufactory presently. There 
wants nothing to prevent illegal trade, and the officers H.M. 
has here are very good, but they are but four persons of 
salary, and there are 40 harbours and places to look after, 
where goods may be landed ; to supply all these places with' 
officers purely upon the head of prevention, where there is 
nothing to receive, would increase an unreasonable charge to 
the Crown. I am of opinion that if there were a good yatch 
with 6 able hands always tending upon the coast, obliged 
to speak with all ships coming into these Provinces, the charge 
would be little and the prevention very great, and serve beyond 
all the land-waiting and officers possible to be erected, and 
in a few years might be again abated, when the trade of 
smugling were diverted. 

Our ships are of 3 sorts; above 100 tonns, 20; between 50 
and 100 tons, 60 ; below, these are vessels belonging to the 
Province that trade to the West Indies and the shore of America, 
120 ; which must demand 1000 saylors, as near as I can set 
it, besides a like number of all sorts built every two year 
for merchants of London and elsewhere, there having been 
registred generally 70 vessels per annum, most of them built 
here. This Province has all sorts of manufactures setled, that 
belong to iron, leather, linnen, and tho' to no degree capable 



AMERICA AND WEST INDIES. 237 

1709. 

to servo the inhabitants as yet. There is usually shipped 800 
tons of train-oyl from this Province, which alters yearly as 
the whales pass by us, nearer or further from the shore, and 
as the weather happens for boats to keep the sea as they 
pass, wch. they do every year from Pole to Pole. The fishing 
for codd is much superiour to value of 30,000 per annum, 
which goes to Spain etc., and returns mostly by England 
home again, besides the trade of mackerill for the West Indies, 
at 5000 per annum uncertain. Your Lordships' wisdome needs 
no intimation of mine to know how these Provinces may be 
made happy and serviceable. I am humbly of opinion that the 
English settlemt. from Pemaquid to Delaware River, which 
never cost England above tenn thousand souls to settle them, 
which tract is now divided into six several Governments, con- 
tain in them 150,000 [souls], and are daily increasing, and are 
a very industrious people, as appears by a subdued and well- 
built [countrey] , and will stand in need of nothing to make 
them such as your Lordships would have them, but a good 
[defence] against the incursions of the Indians and French 
by land which would be done at once by a Colony of tenn 
thousand North Britains, who might peaceably enter upon a 
better land than their [own] with all advantages of trade, 
fishing and lumber, and be in a readiness to assist the removal 
of the French from Quebeck and Port Royal, and then 
the Peace and repose of these Provinces would make the 
trade of all sorts five times what it is presently, over all 
which, if H.M. Government be justly maintained, and the 
people and trade kept to a strict and constant dependance upon 
the Acts of Trade and Navigation, and put upon the linnen 
manufactory, for which the countrey is extreamly proper ; the 
Mother will find her daughters increase her wealth and honour 
to a very great degree. The publication of the Union was 
forthwith done in the presence and attendance of the Council, 
Military Officers, the Regiment in [Boston], Horse and Foot 
in armes, with all due solemnity, as the Minutes of Council 
will further advise. Acknowledges letter etc. May 12, 1707, 
which came not to my hands {till the] 12th July, fourteen 
months after, but were presently communicated to the Councill 
[an<] are upon record in the Council Books. Acknowledges 
letter Dec. 30, 1707, April 15, 1708 and May 15, 1708. The 
Acts concerning foreign coyns and Trade have had their solemn 
publication in both Provinces, and I hope will be [duly'] 
obeyed: there shall be nothing wanting on my part to make 
H.M. subjects [sensible] of the ffavour done them in both 
those Acts, and the injury the Plantations have done themselves 
in raising the value of peices of eight, on pretence of keeping 
them in the Countrey, which, they have mist of, and have 
only lowered and injured their own estates thereby. Acknow- 
ledges letters of July 8, 1708. Mr. Bridger is very sensible 
that at all times he has had my Proclamations, Orders, War- 
rants and the assistance of the Justices and [Shertiffs] every- 
where, and in all dangerous places I have assigned him guards 



238 COLONIAL PAPEES. 

1709. 

for the security of \Wmself] and his Deputys, and wherever he 
has had tryals with Mr. Plaisted! and Mr. Mico, he has had 
{letters] to the Judges of the Courts advising and requiring 
them to do their duty to H.M ; . therein, [as being the] only 
Article wherein anything is reserved to H.M. in these great 
Provinces ; and [because] there was nothing of a Charter, nor 
any record of that saving of great timber to H.M. [in] New 
Hampshire, I have obtained a Law, which is humbly offered 
to your Lordships in the [files], that it shall be 100 nine 
for any person on any pretence to cut such [timber] ; but am 
forced to acquaint your Lordships that at the next Sessions 
of the Massachusetts Assem'bly in May last I offerred the same 
Act in the very words of the Charter of the late King, [but] 
could not obtain it to be enacted by the ^Representatives, which 
was the same House that [by a] farr minor part of what sat 
down at first (who were necessarily withdrawn for the defence 
of the Province,) sent away a secret Address to H.M. reflect- 
ing upon myself, and perhaps if it could be known, the care 
of H.M. rights and interests in this and other things are the 
[latent] reasons of all the displeasure of that little party of men., 
against whom there is 100 [to one] that are of another mind. 
Beferring to the Councellours mentioned for New Hampshire in 
this letter, I hope Mr. Vaughan [t(heir ^4<7]ent will take out the 
warrants, and if your Lordships shall please at his return to 
add him and Mr. George Jaffreys, son of a Councellour lately 
deed., they are [men] of loyalty, estates and education, and 
will honour the Queen's service in New Hampshire. The post- 
script of this letter referring to the barbarous method of the 
French and [7mf]ans depending on them, scalping the dead 
that fall into their hands, is upon account [that] the French 
Government have set the heads of H.M. subjects at a Value, 
sometimes [40] shillings, sometimes 5, which the savages 
cannot challenge without shewing [the] scalps, as the French 
have made it in their order referring thereto. This I have 
[expostulated and upbraided Mr. Vaudreuil and Mr. Supercass 
and every Governour on the French [side] , and challenged thtem 
to tell their own Master if they dare of such barbarity used 
to Christians, [but to] no effect, and have threatned them to 
leave their prisoners in the hands of the Indians, as they [have] 
done many of ours, but have prevailed nothing. On the other 
hand, I have treated their [dead] and living prisoners with all 
respect, tho as your Lordships will see by the Acts of the 
[Assem]b\y of the Massachusetts, I have set the Indian rebels' 
heads at 100 each, [who] after a fforty years submission and 
allegiance to the Crown of England, and contrary to all [pro- 
test]aiions and covenants with me at two appearances and 
attendancies of me since my [comin]g to this Government, 
without the least provocation have broken out and murthered 
[severall] Familys at the first opening of the warr five years 
since etc., a very far different case from what your Lordships 
[take] notice of in their treatment of Christians. 
Acknowledges letter of July 13, 1708, and Instruction, July 



AMERICA AND WEST INDIES. 239 

1709. 



3, relating to molasses and rice, which' I formerly had, land 
is"] well established in the Customeihouse of both Provinces ; 
all other clauses in that Instruction, referring to the Union, 
Forreign coyns, trade to America, are published and established 
as commanded in both the Provinces. . Your Lordships' next 
letter is of July 23, 1708, wherein I acknowledge my [self] 
well rewarded for all my service here, that anything I hiave 
done against the Indian [enemy^] is acceptable to your Lord- 
ships, and if the proposals mentioned referring to Canada [and 
Port] Eoyal may proceed, it will perfectly put the North America 
with all the Fishery and Naval stores into H.M. hands, and 
these Provinces to a lasting repose. I shall, as your Lordships 
direct, maintain a good correspondence with my neighbours 
[of jRoa]d Island, and the rest, with whom I never had any 
personal difference, but was sometime [since] commanded by 
their Lordships then at the Plantation Board to take and remit 
papers and [evidences^ referring to the neighbour Governments, 
in which I proceeded upon articles by H.M. commands under 
the Great Seal of England, and no otherwise. It would ibe 
very happy if the challenge of Mr. Allyn against New Hamp- 
shire may have [an issue] after 33 years strife. I shall continue 
my care and duty to H.Mi. affairs in Mr. Bridger's hands, an4 
[cannot] suppose him guilty of any neglect or connivance ; 
however shall use the caution [your] Lordships have given me. 
I humbly pray your Lordships' favour to Mr. Vaughan in his 
[atten dance~] , I hope he will behave himself as he ought, 
having always observed his loyalty and affection to H.M. Gov- 
ernment here. I shall obey your Lordships' commands, and 
put the letters to the other Offices [by~\ themselves for the future. 
I have also with these letters a duplicate of H.M. commands 
referring to Mr. [Vetch'] and Borland etc., and have proceeded 
long since in that affair as I am commanded ; [the~] fines of 
every one of them were forthwith restored, tihey having given 
bonds for their attendance of a new tryal in ordinary form, 
except Mr. Vetch who is not yet returned, and the Courts are 
proceeding in their tryals, and the accounts of causes will 
contain the issues of those ca[ses]. 

Acknowledges letter of Aug. 4, 1708, containing H.M. Order 
as to accounts of ordnance, eto. I have not hitherto neglected 
for 4 or 5 years last past the account from the Castle of 
Boston, the Forts of Salem and Marblehead, and from New 
Castle in New Hampshire, for every half year with the expences 
have been duly transmitted under [the] officers' hands, and my 
letter 'Conveying them unto the Board of Ordnance, and are 
well arrived* as \Jar~] as I can learn, and I doubt not are 
there remaining, ending Lady Day and Michaelmas Day annu- 
ally, and shall now be sent home to June 24 for the years,, 
with this intimation, that I had 50 barrels of powder from 
the Tower of London which came with, me hither in April, 
1702, and since that I received 20 cannon, which are set in 
the Castle of Boston, in such places as H.M. Engineer has 
determined most proper for the service; all other powder and 



240 COLONIAL PAPEBS. 

1709. 

shot has been annually bought by the Province money given 
for that end and taken in the powder duty in both Provinces, 
being one pound of powder for a ton of all ships coming 
hither in trade. 

Duplicates of these shall be also sent to your Lordships' 
Board, and are inclosed, etc. The continual marches in the 
woods and 150 small garrisons in the frontiers, and the Province 
gaily, which are all maintained at the Province charge, put 
me to the expence of barrels of powder per annum, for 
which the Assembly raises a payment in common with other 
affairs, and is with great strictness and care issued by warrant 
for the several services at all times, which has sometimes cost 
18 a barrel, and to the [end that] the stores of powder might 
be kept safe and not endanger this great town, I have this 
[summer'] built a very fair Powder-house of brick, distant 
from any other buildings, and appointed [and sworn] officers 
to receive and deliver all powder and other stores there kept, 
which cost the Province 600. Your Lordships will see by the 
account of cannon etc., that there are but four fortifications 
that give in their accounts, the Oastle of Boston, Salem, Mar- 
blehead, and Newcastle, besides which there are two other at 
present holden by a standing force, both in the Province oj 
Main, one at Saco Biver and the other at Casco Bay, these 
two forts were built before my coming hither as Trading Houses, 
but .had each of them 4 gunns for the security of the Trade, 
and when war broke out, the Representatives of this Province 
earnestly moved me to slight them, and draw [in that] frontier ; 
but they being the utmost frontiers eastward, I have always 
possitively refused [to] draw them in, and while Col. Bomer 
was here H.M 1 . Engineer, I got that at Casco enlarged, and 
have usually 100 men in garrison there. The other at Saco 
stood inconveniently [in a] valley, and Col. Bedknap, H.M. 
Engineer now residing here, has taken down this Fort, [and] 
set it in a more advantagious place down the Biver, where it 
covers the Fishery. This put tihe [Province] this year to 3 
or 400 cost, and will be for the "future very serviceable. I 
have had but one inroad this summer from Canada. Mr. Vau- 
dreuil, the Governour [of] Quebeck, being in June last at 
Montreal, gave out his warrant for the raising 1000 men for a 
descent upon me, of which I had soon notice from my Indian 
scouts always [lying in] his countrey, and near him, but not 
knowing where they intended to light upon me, I was for[ced] 
to equip 2000 men, 10 troops of horse and the rest ffoot, and 
lay them about 150 in every village from Dearfield to Wells, 
200 miles in length. But it so ha,pp[ened that] Mr. Vaudreujl 
being then 300 miles from Quebeck, where the most of his 
tiroops were to be raised, the people made a great pretence 
of sickness and disorder amongst them, so that he fell in his 
demands to 500, and when they mustered they proved but 
300, [and] after 3 days march, half of them, being most Indians 
weary of the war, deserted and fled, so that at 40 days they 
fell in upon Haverhill, aa open village of about 200 ffamilys, 



AMERICA AND WEST INDIES. 241 

1709. 

where as in other villages there was a troop of horse, and 
100 men quartered, who soon beat [them out] of town, killed 
them 20 men, and they carryed away as many wounds, and 
we lost here 3 [ffam] ilys of the poor people, who without 
that care must 1000 of them have perished in a few hours 
[time.] I have now abroad a force of 200 men upon thiedr 
snow-shoes, ranging all the old [settlem]eiits of the Indians at 
200 miles distance, where I have kept them from their planting 
and [reside] nee these 6 years, and resolve by the help of God 
to keep them from thence till they desert the [Fren]ch service 
and return to their duty and allegiance. And they now confess 
it was easy for the French to draw them into a Rebellion, but 
they are not able to support them in their own places, but 
[they] must leave their beloved countrey for another that will 
bear no corn, nor support them like [their] own. All this 
unspeakable trouble and cost would be saved by rooting out the 
French [a*] Quebeck and Mont Real, and all the Indians in 
North America would submit in one day, for [want] of arms 
and ammunition, as well as other supports and succours. 

In 1692 the Government of this Province obtaining the late 
King's [favour] for the establishment of the meiJhods of their 
churches, and amongst other laws [/or] that end, an Act for 
the support of Ministers etc., and thereby being impowered to 
raise a maintenance for the ministers equally upon the in- 
habitants, [whi]ch in some places proved ineffectual, so many 
of the people living disorderly, and some of them [being] 
Quakers, that there was nothing done towards the maintenance 
of a Minister in several [pla]oes, particularly in two villages 
called Dartmouth and Tiverton, to remedy which' the General 
Assembly the last year added 60 pounds to the publick tax 
of Dartmouth, and 30 to that of Tiverton for the maintenance 
of the Ministers there, which the Quakers, who were the as- 
sessors [of the] towns perceiving, refused to lay the tax with' 
that addition, and are since restrained and [imprisoned by the 
Treasurer's warrant for the whole tax of the two towns amount- 
ing to [five] hundred pounds. I thought it my duty to acquaint 
your Lordships herewith, expecting [a] complaint thereupon. 
I am sorry for their suffering, tho it be not upon the head 
of [reli]gion, and am also sorry that they would be assessors 
of the tax to bring themselves into trouble, [they] think it 
hard to be taxed to the maintenance of the Ministry, and if 
those that are strictly of their [pro/] ession were quitted, it 
would be no great loss, but it is expected that if such an 
indulgence be [given], a great many will profess themselves 
Quakers to quit themselves of this charge, as they have [done] 
from bearing armes, and many villages in the countrey would 
be left without any publick [worship] on the Lord's Day. I 
humbly offer it to your Lordships' consideration, having no 
interest in the matter but that [Religi]<m may be maintained. 
At a village called Swansey in the same County with these 
there was a sober young Divine, [a] Master of Art, who preached 
to some of the people at their request; the Selectmen of [the] 

Wt. 11522. C P Ifi 



242 COLONIAL PAPERS. 

1709. 

town being Anabaptists, issued a warrant to convent him as 
if he had [&ee]n a vagabond, and like to be chargeable to the 
Town: a copy of that warrant is enclosed. P. S. [Since] the 
writing of what is above, [referi] ing to the Assessors of Dart- 
mouth [and] Tiverton being imprisoned, etc., that matter is 
accommodated, and the persons discharged of their imprison- 
ment, and the raising that money for the support of the 
Ministery in the two towns suspended at present. Signed, J. 
Dudley. Endorsed, Eecd. May 23, Eead Dec. 8, 1709. 6 large 
pp. Edges torn. Enclosed, 

391. i. List of Council of the Massachusetts Bay: Wait 
Wintnrop, James Russell, John Hathorne, Rlisha Hut- 
chinson, William Browne, Samuel Sewall, Isaac Adding- 
ton, John Phillips, Jonathan Corwin, John Foster, 
Joseph Lynde, Elm. [ = Eliakiin] Hutchinson, Peter 
Sergeant, Samuel Partridge, John Appleton, Andrew 
Belcher, Ephraim Hunt, John Higginson, Edward 
Bromfield, Samuel Appleton, Isaac Winslow, John 
Gushing, John Otis, Nathanl. Norden, Ichabod Plaisted, 
John Wheelwright, Joseph Church, Daniel Epes. En- 
dorsed, Reed. May 23, 1709. f p. 

391. ii. Account of gunpowder issued in the Massachusetts 
Bay, April 1703 March, 170f. 354 barrels. Signed, 
Andr. Belcher. Endorsed as preceding. |- p. 
391. iii. Gunpowder bought for the Province, 1703-8. 335 
barrels =3200. 12. 4. Signed, Jer. Allen, Cl. to ye 
Treasury. Same endorsement, f p. 

391. iv. Warrant by the Select men of Swansey, Co. Bristol, 
Dec. 10, 1708. To Benjamin Carey, Constable. Where- 
as we are informed that John Fiske, late of Bristol, is 
come to dwell in this town, and is entertained at Mr. 
Israel Pecks. Therefore according to the trust com- 
mitted to us by Law, you are required in H.M. name 
to warn the above-named John Fisk to depart this 
town within 14 days after warning, and not to return 
to inhabit again within this town without liberty from 
the Selectmen, etc. Signed, Joseph Carpenter, Wm. 
Anthony, Joseph Mason. Same endorsement. 1 p. 
391. v. List of causes tried in the Massachusetts Bay, Dec., 
1703 March, 170 f. The whole endorsed as preceding. 
46 pp. 

391. vi. Proclamation by Governor Dudley for a Day of 
Thanksgiving in the Massachusetts Bay Nov. 25, 1708, 
for the maintenance of the Union, the victory in Flan- 
ders ; preservation from the enemy, particularly in not 
giving Haverhill a prey to their teeth; for health, 
harvest, and later rain ; and for lengthening out our 
civil and religious privileges, etc. Boston, Nov. 3, 
1708. Printed. 1 p. 

891. vii. Proclamation by Governor Dudley for a General Fast 
in the Massachusetts Bay, March 24, 170f. Boston, 
March 2, 1708(9). Printed. 1 p. 



AMERICA AND WEST INDIES. 



243 



1709. 



March 1. 

Boston, 

New 
England. 



391. viii. Proclamation by Governor Dudley with regard to 
seamen and deserters in New England in accordance 
with the Act of Parliament for the encouragement of 
trade, etc. Boston, Dec. 16, 1708. Endorsed, Reed. 
May 23, 1709. Printed. 1 p. [C.O. 5, 865. Nos. 
22, 22. i. -viii. ; and (without enclosures) 5, 913. pp. 
89-119.] 

392. Governor Dudley to the Council of Trade and Plan- 
tations. This comes by Capt. Riddel, who brings the year's 
accounts, papers etc. [of New Hampshire. ,] Repeats part of 
preceding letter. Replies to enquiries May 7, 1707. By the 1 
rule of usual judgment of the number of inhabitants from their 
muster-rolls, I judge there 'were in this Province on my arrival 
5000 souls, besides a few Blacks ; this number may be increased 
150, the troubles with the Indians notwithstanding. Very few 
have removed from hence, but the security from the war and 
the ease of the taxes in the neighbour Provinces are apparent 
invitations to all the poorer people [to seek other"] places. 
I mustered this Province in 1702, and the rolls amounted to 
100C. I believe they are 150 more now. By this your Lordships 
may perceive that [ account New Hampshire is in [value] of 
men. towns and acres of improvement just a tenth part of the 
Massachusetts, [and /] believe I do not misreckon to a hun- 
dredth part, their trade excepted, which will [not make] more 
than the thirtyeth part of Boston, and dependancies. The 
regulation, Government and security of the trade, its advance 
and strict [depend]ance upon Great Britain, is all the saline 
with thb Massachusetts, etc. Their shipping will bear a tenth 
from Boston also, ships above 100 tons, 4 ; between 50 and 
100, 6; below 50, that trade, 20. 

This Province particularly would presently increase, grow rich 
and strong, if they were [put] upon the building great ships 
for H.M. Navy, and the North Britains setled in Nova Scotia, 
as I have humbly offered last year, and now. All the Acts of! 
Parliament referring to the Union, coyns, trade to America, 
and the [<4cs] referring to the accustomed dutys upon enumer- 
ated commoditys, have been duly published and recorded here 
as in the Massachusetts. Mr. Bridger has all the encourage- 
ment in this Province, as in the other, by Proclamation, war- 
rants, guards, and guides in the woods that he has at any time 
desired, and this Province has shewed their loyalty and duty 
in agreeing to an Act of the Assembly that I [offered] the 
last session, making it 100 penalty for [any] person to cut 
any mast tree without H.M. warrant and lycence therefore, 
which the Assembly very unanimously came into, tho in this 
Province there was no [pena]\iy ever set before by the command 
of the Crown or the submission of the people. [This] I hum- 
bly acquaint your Lordships with, to shew the loyalty and good 
inclination [of] this Province, in destinction to the other, where 
I could not obtain it in a long [ses-sjion of 6 weeks, tho' I 
propounded it in the words of the Charter of that Province, 



244 COLONIAL PAPERS. 

1709. 

[where~] the 100 penalty is expressly provided. The other 
Act this Province has made for the encouragement of the making 
[of tar], they have set it at 20s. per barrel for this year, and 
commanded all future \_Assemb~\\jQ to set a price annually upon 
it, and that it be received at that price [from] time to time in- 
stead of money for the payment of all taxes of the Province, 
[which] will at all times put the poor people upon making what 
possibl} r they can annually, and the Treasurer of the Province 
must have the trouble to dispose of [it /or] the publick debts, 
and by this means it will center in Great Britain. I hope Mr. 
Vaughan will take out the warrants for the three Councellours 
H.M. has been pleased to add to this Province, to which; I 
desire if your Lordships seem meet, that Mr. Vaughan himself 
and Mr. George Jaffreys may be also [added], being persons 
of good estate and loyalty. The Act referring to molasses and 
indigo has been published and established [here] in the Custome- 
house long since. The account of the Castle of this place is in 
all points sent to the Board of Ordnance by this conveyances, 
as it always has been, with this addition that your Lordships 
have a copy inclosed. For this Castle, I have received nothing 
since my arrival, cannon, armes, or stores. I have kept this 
Province carefully upon their guards and scouting, and they 
[are o6e]dient and diligent, and I have had no inroad of the 
enemy, to the loss of [one] man within the year last past, and 
Col. Hilton, their Chief Military is now commanding a party of 
150 men in the woods, in search [of the] Indian rebels. This 
Province, my Lords, is very small and poor, and a frontier to 
the enemy, [gives it] a great check, but above all the controversy 
between Mr. Allyn and the ter -[tenants Afjeeps the Province 
at a great uncertainty, and it would dispose all things to a 
perfect settlement, if that were determined. The people are 
very much distinguished from some others [by] their loyalty 
and good obedience, and inferiour to none for their diligence 
and industry, and I heartily recommend their prayers humbly 
presented by their Agent for supply of armes and stores, and, 
if it may, a small garrison of 20 souldiers at H.M. Fort upon 
an English settlement. Signed, J. Dudley. Endorsed, .Reed. 
May 23, Read Dec. 12, 1709. 2 large pp. Edges worn. En- 
closed, 

392. i. List of Council of New Hampshire. Signed, J. Dud- 
ley. Endorsed, Reed. May 23, 1709. 1 p. 
392. ii. List of causes tried in the Superior Court, New 
Hampshire, Aug. 1708. Signed, Theodore Atkinson, 
Cler. Same endorsement. 4 pp. [C.O. 5, 865. Nos. 
30, 30. i.,ii. ; and (without enclosures) 5, 913. pp. 
128-137.] 

March 1. 393. Mr. Vaughan to the Council of Trade and Plantations. 
Returns thanks for their report made for the supply to New 
Hampshire, whose distresses are dayly encreasing. The As- 
sembly have addressed H.M. for a supply of small armes, wch. 
are dayly lost in ye woods in pursuit of ye enemy, wch. are 



AMERICA AND WEST INDIES. 



245 



March 2. 

Boston in 

New 
England. 



1709 

much wanted, especially in H.M. Castle, there never yet being 
any such furniture there, wch. doubtless on yr. Lordships' 
Representation may be supplyed, etc. A body of French and 
Indians promising themselves ye desolation of that part of ye 
country, were prevented by some troops opportunely comeing 
thither, so that they did not wholy depopulate a town, but 
murdered many of the principle inhabitants thereof. Prays 
that some men, as well as small armes may be supplyed for 
said Castle, to defend ye. sd. Province as well as H.M. Stores 
of masts, wch. are much exposed, and may soon be destroyed 
by three or four chops of an hatchet. Petitioner is informed 
from ye Governor to pray yr. Lordships that ye Council may 
be filled up, etc. Signed, 'Geo. Vaughan. Endorsed, Reed. Read 
March 3, 170|. Addressed. 1 p. [C.O. 5, 865. No. 12 ; and 
5, 913. pp. 52, 53.] 

394. Governor Dudley to the Council of Trade and Plan- 
tations. Encloses following. Signed, J. Dudley. Endorsed*, 
Reed. May 23, Read Dec. 12, 1709. 1 p. Enclosed, 

394. i. Account of Stores of War in H.M. Fort at Marble- 
head, June 24, 17*08. Signed, Edward Brattle, Capt. 
of sd. Fort. 1 p. 

394. ii. Account of powder expended at H.M. Fort, Mar- 
blehead, June 24, 17071708. Signed and endorsed 
as preceding. ^ p. 

394. iii. Account of Stores of war, and of powder expended 
at Fort Anne, Salem, June 24, 17078. Signed, Ste- 
phen Sewall, Capt. 1 p. 

394. iv. , v. Account of Stores of War, and of Powder expended 
at Castle William, Boston, June 24, 17071708. Signed, 
Zee. Tuthill, Lt. and Master Gunner. 3 p. 

394. vi., vii. Account of Stores of War, and of powder ex- 
pended at Fort William and Mary, Newcastle, June 
24, 17071708. Signed, Shadrach Walton, Capt. 2 
pp. [(7.0. 5, 865. Nos. 31, 31. i.-vii. ; and (without 
enclosures) 5, 913. pp. 138, 139.] 

March 2. 395. Sir John Cooke to the Council of Trade and Plantations. 
D.D. Commons .Reply to Feb. 25. I am of opinion that this matter ought to be 
communicated to ye Lord High Admiral, that directions may 
issue to the proper officers, to proceed in his Lordship's name 
in the Court of Admiralty here, in order to have ye [Spanish] 
brigantine condemn'd and declared a perquisite of ye Admir- 
alty, being seiz'd at sea, by a non-commissioned ship. Signed, 
J. Cooke. Endorsed, Reed. Read March 3, 170f. Addressed. 
Sealed. 1 p. [C.O. 137, 8. No. 31; and 138, 12. pp. 373, 
374.] 

March 2. 396. Governor Crowe to the Council of Trade and Plan- 

Barbadoes. tations. We have had no packet or other vessell from Great 

Brittain these four months, some masters of merchantmen from 

Ireland report they had news there of H.R.H. the Prince's death, 



246 COLONIAL PAPERS. 

1709. 

god grant it may be otherwayes. Encloses coppys of dispatches 
Nov. 2. I hope H.M. will shew some marks of her displeasure 
on the offenders. All Mr. Sha'rpe's negroes^and works are now 
levied upon, and shortly to be sold at outcry, but will not be 
sufficient to satisfy his creditors. H.M. ships the Windsor and 
Dolphin being forced in here to refitt falls very fortuneatly 
out to convey about 12 vessells home, which carry s above 3000 
hhds. sugr., the remainder of our last cropp. The Try ton's 
Prize that brought the Northern trade from New Yorke has 
taken a French vessell off Martineco of 80 tunns loaden with 
wine, beef, pork, bread and linnings ; said man of war is to 
re turn e againe to her station on the 10th of this month. Last 
week I had one of the Indian Princes of Domineco up here, 
those Islands continues firm in their obedience to H.M. Our 
two men of warr are now a cruising 1 . The Weymouth is or- 
dered to call at St. Vincents before she returns. By the inclosed 
Acts your Lordps. will perceive that the Assembly could not 
be prevailed upon to raise more than 15d. per head on negroes, 
which will but pay Mr. Eoberts and the mattrosses six months 
sallary, so that there is nothing for repairing the Fortifications, 
or discharge of other debts. Their time being expired, I have 
issued writts for a new one, to meet on March 22, and shall 
then repeat the many instances I have made for a further supply, 
which altho they are all sensible is absolutely necessary, yet 
deferr it to get favour with the Freeholders in order to continue 
their votes. Refers to case of the Walkers and Lillington 
(C.S.P. 1705-8.) Mr. William Walker at the last Grand Sessions 
was indicted by the Grand Jury on the evidence of 3 credible 
witnesses for compelling Lillington (at the time of his im- 
prisonment) to give him 2000 to save his life and obtaine his 
liberty. I send all the proceedings, by which you will see 
what strange transactions were at the said Court thereupon. 
I have likewise sent the minutes and proceedings in Council 
on a memorial and complaint of the Attorney General against, 
the said Court of Grand Sessions, by which your Lordps. will 
have a full view of that matter and all the proceedings here 
thereupon ; it being, as I conceive, a matter of great importance 
to the honour of H.M. Government: I pray your Lordps.' speedy 
and full direction what must be done further therein. I have 
transmitted the Board of Ordnance a list of all our ammunition 
etc., and hope your Lordps. will be pleased to order the sending 
what are wanting. I have some reason to complain of Commo- 
dore Legg, which I must deferr untill I can more properly 
apply myself to the Admiralty Board. Signed, M. Crowe. En- 
dorsed, Reed. April 19, Read May 2, 1709. 2 pp. Enclosed, 
396. i. Governor Crowe to the Board of Ordnance. Bar- 
bados, March 2, 170 f Encloses following, by which 
you will perceive the great necessity wee have of sun- 
dry things, especially powder, smal iron, shott from 3 
to 91b., bunting, .neats foot-oyle, tarr, and match, etc. 
Endorsed, Reed. April 19th, 1709. Copy. 1 p. 
396. ii., iii. Accounts of the Ordnance stores in the divisions, 



AMERICA AND WEST INDIES. 



247 



1709. 



March 3. 

St. James's. 



March 3. 

Craven 
House. 



March 3. 

St. James's. 



March 4. 

Perth 
Amboy. 



magazines and batteries in Barbados. Endorsed as pre- 
ceding. 3 pp. 

396. iv. Proceedings of the Grand Jury in Barbados against 
Messrs. Alexander and William Walker relating to Mr. 
Lillington, Dec. 14-17, 1708. With Depositions of 
George Lillington, see supra. Same endorsement. 
Copy. 47 pp. [C.O. 28, 12. Nos. 19, 19.i.-iv. ; and 
(without enclosures) 29, 11. pp. 449-454.] 

397. H.M. Warrant for restoring Alexander Skeen to the 
office of Secretary of Barbados, etc., as Feb. 27, and A.P.C. II. 
p. 490. [C.O. 5, 210. pp. 139-141.] 

398. Lords Proprietors of Carolina to the Earl of Pembroke. 
Request his approbation of John Turbill, whom they have ap- 
pointed Judge of the Admiralty in Carolina. Signed, Craven, 
Palatine, Beaufort, J. Colleton, J. Danson. [C.O. 5, 289. p. 
155.] 

399. Order of Queen in Council. Eepealing Act of New 
York for preventing the corruption of currant coin. Of. Feb. 
22, 1709. Signed, William Blathwayt. Endorsed, Reed. Read 
March 21, 170f. l pp. [C.O. 5, 1049. No. 100; and 5, 1121. 
pp. 302, 303.] 

400. Governor Lord Lovelace to the Council of Trade and 
Plantations. I am come hither to hold an Assembly, which! 
met yesterday and chose Mr. Thomas Gordon Speaker. I have 
given orders for ye proper officers to transcribe fair accts. of 
the Minutes of the Councill and Assembly, that were holden both 
here and at New York, the lists of the ships entred and cleared/ 
and the accounts of the Revenue during my Lord Cornbury's 
time ; there is also preparing now an acct. of the remains of 
the stores of war at New York and Albany. I know not how 
soon they can be got ready, buti I ishall send yor. Lops, quarterly, 
or half-yearly accounts of these things during my continuance 
here. Yr. Lops, directions relating to the accounts of the num- 
bers of the negroes imported from Africa for severall years 
past, I am afraid cannot be complyed with, but I will endeavour 
in all things to follow my Instructions, and give yr. Lops- 
from time to time an account of my proceedings. I take the 
liberty to add that Mr. Mompesson having heard that two Gentle- 
men in England are putting in for his office of Cheif Justice, 
hath desired me to remind yr. Lops, of a letter which yr. Lops, 
sent to my Lord Cornbury, and thinking from thence himself 
secure in his imployment hath therefore made no application 
to England to be confirmed, etc. Signed, Lovelace. Endorsed, 
Reed. Read May 25, 1709. 1| pp. Enclosed, 

400. i. Extract of letter from the Council of Trade and 
Plantations to Governor Lord Cornbury, Feb. 26, 170|. 
Endorsed as preceding. 1 p. [C.O. 5, 970. A 7 o. 80; 
and 5, 994. pp. 473, 474, (without enclosure) ; and 
(enclosure only) 5, 1049. No. 102.] 



248 



COLONIAL PAPERS. 



March 7. 

Craven 
House. 



1709. 
March 4. 401. Governor Lord Lovelace to the Lord High Treasurer. 

Perth Extract : I have not yet been able to divide the lands among 
Amboy- the poor German Protestants, the snow being upon the ground, 
and no distinction can yet be made between profitable and un- 
profitable land. I have been forced to support them by my 
credit here, tho' I have not any directions about that matter. 
I hope your Lordship will please to order the payment of such 
Bills which I must draw upon my Agent, Mr. Gough, to answer 
the charge of their support. Endorsed, Reed. Read Aug. 12, 
1709. 1 p. {C.O. 5, 1049. No. 105.] 

402. Lords Proprietors of Carolina to the Council of Trade 
and Plantations. We are now sending to Carolina John Lawson 
and Edward Mosely Esqs., whom we have appointed to be 
Commissioners to survey the lands in dispute (cf. Jan. 27), 
and to take all necessary care in the settling and ascertaining 
the bounds on our part conjointly with such as shall be ap- 
pointed by H.M. or by any other persons by her order for the 
Province of Virginia; and in case any dispute may arise which 
we doe no way foresee in the determination of the said boundaries, 
we are willing to refer the same to H.M. decision, not doubting 
of H.M. justice and goodness upon this and all other occasions. 
Signed, Craven, Pallatine, Beaufort, J. Colleton, J. Danson: 
Endorsed, Reed. Read llth March, 170f. If pp. [C.O. 5, 
1264. No. 63 ; and 5, 1292. pp. 133, 134 ; and (dated March 3) 
5, 289. p. 155.] 

March 9. 403. P. Vanderheyden Razen to the Directors of the Dutch, 
(N.S.) West India Company. Signed, Pr. Vanderheyden Razen. En- 
Fort Kykoveral^orsetf, Sept. 6 (N.S.), 1709. Dutch. 21 pp. [C.O. 116, 20. 
No. 17.] 



Essequebo. 



March 9. 404. T. Byerley to Mr. Popple. Returns thanks for letter 
New York, of July 23, 1708, and repeats part of following. Signed, T. 
Byerley. Endorsed, Reed. May 21, Read Sept. 5, 1709. 1 p, 
{C.O. 5, 1049. No. 113; and 5, 1121. p. 401.] 

March 9. 405. Same to the Council of Trade and Plantations. In 
New York. Oct. last the Lord Cornbury suspended me again, and by (a 
special warrant order'd the High Sherif to arrest me in an 
action of 4000, and afterwards by a writ of 5000 at the 
suit of ye Queen, likewise at his own suit for 700. To all 
which summs I gave in security, but being threatn'd to be 
worse us'd, I was forc'd to retire to the next Government, 
till H.E. my Lord Lovelace arriv'd, wch. was about Dec. 20 
last, who finding the hardships I had done me without being 
guilty of any crime, restor'd me to my Office again, etc. Signed 
and endorsed as preceding. 1 p. [C.O. 5, 1049. A T o. 114; and 
5, 1121. pp. 402, 403.] 

March 10. 406. Council of Trade and Plantations to the Earl of Sun- 
.Whitehall. derland. Reply to petition of Peter Diharce, Feb. 10. The 



AMERICA AND WEST INDIES. 



249 






1709. 



March 10. 

Whitehall. 



March 10. 

Whitehall. 



March 10. 

Whitehall. 



March 10. 

Maryland. 



permission therein desired cannot be granted without dispensing 
with the Act of Navigation, 12 Car. II. etc. [C.O. 389, 20. 
pp. 338-340.] 

407. W. Popple to the Clerk of the Council in waiting. An 
Act having been past in Barbados, Sept. 5, 1667, declaring how 
the Clarks and. Marshalls of the Courts of Common Pleas shall 
be appointed and what fees they shall receive, the Council of 
Trade desire to know whether it appears by the Councill Books 
that the said Act was ever confirmed or repealed by the Crown, 
and when. [C.O. 29, 11. pp. 426, 427.] 

408, Council of Trade and Plantations to Governor Han- 
dasyd. Since our letter of Feb. 24, we have only to transmit 
to you an additional Instruction from H.M. in relation to writts 
of escheat etc., June 26, Aug 1 . 18, 1708. You are therefore to 
cause this Instruction to be entred in the Councill Books, and 
observe H.M. directions accordingly. As to the brigantine men- 
tioned by you to have been seized by a vessell without a 
commission or letters of marque, we have been informed that 
the Lord High Admiral has had that matter under consideration, 
so that you may soon expect to receive his Lordship's orders 
therein. [C.O. 138, 12. pp. 374, 375.] 

409, Council of Trade and Plantations to Col. Jenings. En- 
close H.M. Instruction (Jan. 13) relating to the granting of 
lands in Virginia, which, is to be entred in the Councill books 
and observed in the future, etc. [C.O. 5, 1362. p. 357.] 

410. Governor Seymour to the Council of Trade and Plan- 
tations. Though I wrote to your Lordships very lately of Nov. 
18 by the way of New Yorke, and of Jan. 10 by a small brigan- 
teen hence ; yet now having the opportunity of the Catherine 
of London, a ship of good countenance, I have herewith trans- 
mitted the Laws and Journalls of our last Assembly. By which' 
your Lordships will see I have not fail'd in my duty to lay 
H.M. Boyall commands before the Generall Assembly, and with 
all the dilligence and industry I was capable of, heartily to 
recomend them to their ready complyance ; But as there was 
not any person of liberall education that appear'd there; it 
was too difficult a taske for me, to graft good manners on so 
barren a stock; so that they have once more refus'd to do 
anything therein, save ye addressing H.M. in answer to Sir 
Thomas Laurence's complaint, and the guage of tobacco hhds. 
H.M. Boyall commands, and the reviving the temporary Laws, 
and especially those for defraying the necessary charges of the 
Province, discharging the publique debts of this year, and settling 
the itinerant Justices requir'd the meeting of this Assembly,, 
and I had some small hopes from their Address to me at ye 
opening of the Sessions, they would have had a greater reguarde 
for my advice to them ; but there were not some envious and 
malicious spiritts wanting to create heats and jealousyes among 



250 COLONIAL PAPEES. 

1709. 

the Members of the Lower House; so that it was with greate 
difficulty they consented to revive the Act for ordering and 
regulating the Militia untill the end of the next Session of As- 
sembly, as they have done the Act for lymitation of Officers' 
fees with the like reluctancy and lymitation of tyme, being 
very desirous to render those who are dependent on the Govern- 
ment as meane as may be, and discourage persons of any toller- 
able qualifications from discharging the severall offices therein ; 
and this partly to satisfye their owne envious tempers, because* 
they have not what others better deserve, and partly being 
instigated by a restless and pernicious crew, who, tho' they 
enjoy H.M. gracious protection, are the declared enemys of 
our Church and State, and the busiest at the severall elections 
in the Countys where they reside, to get such: ignorant and 
obstinate people return'd, who will pursue their destructive 
notions and countenance their illegall proceedings. There are 
three things in this Province which make the Governmt. very 
uneasye. The Lord Proprietor and his Agents and a greate 
many of his and their relations being Eoman Catholiques, and 
constantly providing and maynteyning severall busie. Jesuites, 
the Act of Assembly for the advancemt. of the natives and 
residents of this Province, and the ambition and large jurisdiction 
of the County Court Justices. The first by his Lordship's favour 
in lands not only makes a considerable interest with many of 
the inhabitants and Delegates, but also gains many proselites, 
their priests being encouraged and supported by them on all 
occasions, so that one of them had the confidence to tamper 
with one of my domestiques ; and when they are chequ'd for 
these abuses, the whole party is in a flame, and ready to raise 
a considerable contribution for their defence and protection, 
and with the extreamest spite and malice exclayme against 
the severity, as they term it, of H.M. Instructions (which indeed 
would be none, would they conteyne themselves in any reason- 
able bounds) and often are heard to declare that this Province 
was favourably created by King Charles I. as an Asylum for 
them, which indeed it might be could they be contented, and 
not continually give occasion of scandall and offence to the 
Government, by the illegall practices of their priests and ye 
vain malicious lyes they dayly invent and disperse to lessen 
the glory of H.M. and her confederates happy successes. The 
second rendring this Province more unfortunate than any other 
of any H.M. Plantations by imposeing so great an hardship 
on H.M. free subjects of Greate Brittaine and other her Do- 
minions, that they shall not be capable of having or enjoying 
any office or. trust in this Government untill they have resided 
here three full years. This discourages all ingenious men to 
seeke their fortunes in Maryland. And in the space of 14 
years, there are scarce 14 men who have undergone that tedious 
dissability, so that the natives who are ignorant and raw in 
busieness, and naturally proude and obstinate, are not only the 
Representatives in Assembly, but the Justices of the County 
Courts: and by the name of Country-borne distinguish them- 



AMERICA AND WEST INDIES. 251 

1709. 

selves from the rest of H.M. subjects, and run into great heats 
and divisions, which may be of ill consequence, for as they 
know little of the laws and good manners they practice less. 
Thirdly, many of the County Court Justices for many years 
last past, having been return'd as Delegates to the Generall 
Assembly, on all occasions have sought to corroborate and 
establish their jurisdiction by severall Acts of Assembly made 
of late years, that they allmost believe themselves independent 
of the Queen's Govemour, and were I to change them for othjers, 
there is so little choice, the remedye might be worse than the 
disease. These Justices, especially if they are dealers, which 
everybody here are, that have anything beforehand, not only 
countenance their customers, but too often favour one the other, 
and would have all things under their jurisdiction and ad- 
ministration, tho' they are never so meanly qualified for the 
trust, and therefore though' with their tongues, when seperate, 
they applaude the new institution of the itinerant Justices, yet 
when any of them are in the House pf Delegates, they leave no 
stone unturn'd to render it precarious and abortive, by re- 
ferring ye settlement of a competent sallary to enable the four 
provinciall Justices to performe their duty, and by severall 
other crafty evasions, looking upon their honour and grandeur 
to be highly eclipsed and impair'd by the provinciall Justices 
comeing to hold the Assizes, and before the appearance of their 
full countys, giving handsome and regular charges to ye Grand 
Jurys of Inquest, thereby acquainting the people of their duty 
to God, their Sovereigne and Country, which these Justices of 
the County Courts never do, were any of them capable thereof, 
so that the Country-borne, as they terme themselves, neither; 
know their duty to the Queen's Majesty, nor ye respect they owe 
the civill magistrate; wherefore seing their ignorance and am- 
bition will not suffer them to do what in all honesty and good 
conscience they ought for ye service of their country, I know 
not how these Justices, who are the only asserters of H.Ml 
Royal prerogative can be supported, unless H.M. is pleas'd to 
direct the Councill and myselfe should pay each of them 120 
per annum out of the imposts rais'd for the defraying the neces- 
sary charge of this Province, which will very well answer that, 
and the other necessary contingencyes. The Justices of the 
Provinciall Court, as it stood before this regulation, having 
been as great a charge to ye Province, without any encourage- 
ment to them. The severall Laws for the imposts are now 
revived for 3 years and better, so that there will be a oertaine 
supporte for 3 years at least to those Justice^, but without? 
H.M. express direction I shall not presume to make them any 
allowance for their service. According to a former direction 
of the honble. Boarde, I have made some observations on the 
severall laws enacted this session, which are inclosed, and most 
heartily begg pardon for anything that may have slipt my 
notice/ having been so very ill that I could not sitt in Councill 
above 3 or 4 days, during the whole Session, and have not 
been able to go out of my house ever since. I should be very; 



252 COLONIAL PAPERS. 

1709. 

glad to have H.M. royall commands about running out th'e 
northern lyne of this Province, or to heare my Lord Baltimore 
and Mr. Penn had adjusted that matter between themselves,., 
there being many hot disputes, so that ye people of both provinces 
are, with much ado, restrayned from comitting violence on 
each other which I should be sorry to see, and in the meantyme 
will take the best care I can to prevent it, etc. Signed, Jo. 
Seymour. Endorsed, Reed. June 3, Read Dec. 6, 1709. 6 pp. 
Enclosed, 

410. i. Copy of a Charter for erecting the Town and Port 
of Annapolis into a City. Nov. 22, 1708. Signed, 
Jo. Seymour. Endorsed, Reed. June 3, 1709. 9| pp. 
410. ii. Titles of Laws past in Maryland, Dec. 1708, with 
Governor Seymour's comments upon them. Same en- 
dorsement. 12 pp. 

410. iii. Journal of Committee of Accounts, in the Assembly 
of Maryland, Nov. 6, 1708. 25 pp. [(7.0. 5, 716. 
Nos. 69, 69. i. -iii.; and (without enclosures) 5, 727. 
pp. 150-157.] 

March 12. 411. Lt. Governor Bennett to Mr. Popple. Refers to letters 
of March 1, and to enclosed, relateing 1 to the designes of the 
Spaniards and French on Carolina. I have ordered an advice- 
boat to be fitted, and will be ready in a few days to carry my 
packet of notice to Sir Nath. Johnson. Also when I have oppor- 
tunities, shall send the like accounts to New York, and other 
H.M. Govermts. on the Continent, and to all the plantations in 
the West Indies ; least the enemy may design elsewhere and not 
on Carolina. As for this place all due care shall be taken, 
and hope if they doe come, we shall behave ourselves like men 
and good subjects. The reason I did not receive intelligence 
sooner was that Capt. Bell went from Curacoa to Saltertudas, 
and did not arrive here till 4th inst. Signed, B. Bennett. En- 
dorsed, Reed. June 29, Read July 1, 1709. Holograph. 1 p, 
Enclosed, 

411. i. M. Gilleber of Cura9oa to M. Samuel Peroneau of 
Charlestown Carolina. Jan. 19, 1709. I have heard 
here, itt was projected in La Vera Crux to go in the 
spring to his country, South Carolina, and that the 
vessels were already manned for the said expedition. 
I know not what success itt may have, but itt is good 
to stand on one's guard. The Spanish gentry will 
revenge what was done att St. Augustine. The worst 
of that affaire is that the French, will help them. This 
is all what I can say of that enterprise, which wants 
confirmation. Extract translated by P. Chardon, and 
Peter le Conte. 1 p. 

411. ii. Deposition of Boaz Bell, jr., Master of the sloop 
Dolphin. Deponent being in the beginning of Janu- 
ary last at Curasao a French gentleman, M. Bernoe 
informed him that a Flag of Truce had brought news 
that a Fleet from Gales touching att the Havana withi 



AMERICA AND WEST INDIES. 



253 



1709. 



March 14. 

Whitehall. 



March 14. 

Councill 
Office. 



March 15. 

Whitehall. 



March 15. 

Whitehall. 



March 15. 

Boston. 



March 15. 

Boston, 

New 
England. 



their boats only had taken 6 large laden shipps out of 
the Fleet from Jamaica bound home near the Gulf of 
Florida. Deponent saw at Curacao several of the offi- 
cers and mariners who had been so taken cind they 
told him that there were about 16 or 18 ships of war 
from 20 to 40 guns and the rest small crafts and 
privateers. M. Bernoe sent preceding letter by de- 
ponent to warn his friends in S. Carolina. Siy.ned, 
Boaz Bell. Endorsed, Eecd. June 29, Read July 1, 
1709. Copy. 1 p. [C.O. 37, 8. Nos. 83, 83. i., ii. ; 
and (without enclosures') 38, 6. p. 460.] 

412. Council of Trade and Plantations to the Queen. Pro- 
pose that the Governor and Council of Virginia be instructed 
to appoint Boundary Commissioners to act with those of Carolina, 
etc. Set out, A.P.C. II. p. 588. q.v. [C.O. 5, 1362. pp. 
358-360.] 

413. Wm. Blathwayt to Mr. Popple. The Lords of H.M:. 
Privy Councill appointed for hearing appeals from the Plan- 
tations, having under their consideration an Appeal relating to 
Jamaica, are desirous to know the names of the several Coun- 
cellors of that Island, and where each of them is supposed to 
be at present. Signed, Wm. Blathwayt. Endorsed, Reed. 14th, 
Read 15th March, 170f. Addressed, f p. [C.O. 137, 8. No. 
32; and 138, 12. p. 376.] 



414. Wm. Popple to Mr. Blathwayt. Encloses list as desired 
in preceding. The Council of Trade do not know that any oct 1 
the Counsellors are absent from the Island, except Col. Long, 
who is here in England. [C.O. 138, 12. pp. 376, 377.] 

415. Council of Trade and Plantations to the Queen. Pro- 
pose that Mark Hunkins and Thomas Packer be appointed to the 
Council of New Hampshire. [C.O. 5, 913. p. 58.] 

416. Mr. Addington to Mr. Popple. Encloses lists of public 
papers forwarded by H.M. 8. Falmouth. Signed, Isa. Adding- 
ton. Endorsed, Reed. May 23, Read Dec. 9, 1709. 2 pp. [C.O. 
5, 865. Wo. 23.] 

417. Governor Dudley to Mr. Popple. This comes by Capt, 
Riddel, the convoy of the mast fleet, with the year's papers and 
accounts etc., wherein I have observed their Lordships' com- 
mands in putting no papers into their Lordships' pacquets, but 
what belong to the office. I was not aware of the fault of it 
before, tho I never put in any letter of my own private business 
at any time, etc. P.S. I gave Mr. Drift's second letter to 
Capt. Southack, and he tells me he has taken order severall wayes 
for payment. Signed, J. Dudley. Endorsed, Reed. May 23, 
Read Dec. 12, 1709. Holograph. 1 p. [O.O. 5, 865. .Vo. 
32 ; and 5, 913. pp. 139, 140.] 



254 



COLONIAL PAPERS. 



1709. 
March 16. 

Whitehall. 



March 17. 



March 17. 



March 21. 

Virginia. 



418. Wm. Popple to Charles Davenant. The Council of 
Trade and Plantations desire an account of Naval Stores im- 
ported Christmas 17061708. [C.O. 389, 20. pp. 340, 341.] 

419. Form of Deputation by Henry Duke of Beaufort, ap- 
pointing Portescue Turbervill Deputy to represent him in the 
General Assembly and Council of South Carolina. Signed, Beau- 
fort, [C.O. 5, 289. p. 205.] 

420. Lord High Admiral's Warrant for John Turbill 
to be Judge of the Vice-Admiralty, Carolina. Signed, Pembroke. 
[0.0. 5, 289. p. 156.] 

421. Col. JeningB to the Council of Trade and Plan- 
tations. The intelligence I have receiv'd of the preparations 
made by the French privateers in the West Indies to attack 
this H.M. Colony and Dominion, oblige me to give your Lordps. 
this trouble both to lay before your Lordps. the grounds of our 
fears, and the means taken for preventing the danger, as far 
as the weakness of the country will admitt. There is lately 
arrived here from the West Indies a person of good credit, who 
was last Fall at the Island of St. Thomas, and there (as in a 
neutral port) had conference with several French privateers, 
who cruised last summer on the northern coast of America:' 
they told him they would certainly attack Virginia this spring, 
and said they doubted not but to find good booty in negros,, 
plate and other goods, they used great endeavors to engage him 
to be their pilote into James River, York and Rappahannock, 
for wch Service they offerred him 100 sterl. in hand, besides 
a full share of what plunder they should gain, but he very 
honestly refused their proposals. This design of the privatsers 
is also confirmed by other persons taken prisoners by them, 
who heard the Captain's discourse of the expectations they 
had of great booty in this country, and how easy it might be 
had, and we have also certain advice that one Hendrix, formerly 
an inhabitant of this country and Mr. of a ship, is now Com- 
mander of a Martinico privateer, and engaged with several 
other renegados in the same design, and 'tis probable that 
from them the French privateers have had their accounts of 
the men of best estates in the country, of which they have 
spoken to the prisoners with such assurance. It was very rea- 
sonable to conclude from the success of the privateers the two 
past summers that they would endeavour to keep the same 
post thereafter, and that they wh,b had yentureed up to the mouths 
of our Rivers in sight of H.M. ships of war last summer, would 
use greater boldness when the men of war were gone. Upon 
this consideration it was that I represented to your Lordships 
the importance of having guardships here early in the Spring, 
to check the designs of those privateers, the want of wch. I'm 
afraid will prove of bad consequence to H.M. service and the 
trade of this country. The aforementioned advices, as they 
carry a great deal of probability, have occasioned a more general 



AMERICA AND WEST INDIES. 255 

1709. 

consternation among the inhabitants of the country, especially 
the maritime countys than ever I have ever known ; and it is 
certain that every man who reflects upon the openness of our 
rivers, the many convenient landings in the bay and rivers, 
wch. can neither be fortifyed nor otherwise defended by the 
power of the inhabitants, that it is easy for a privateer to land 
at any of those places in the night, and surprize people in 
their beds and before any number of men can be drawn together, 
return to their vessells, must conclude that there can be no 
safety against such attempts but by a naval force, and when 
that is wanting, cannot but have very just apprehensions of 
danger from an enemy, whose attacks will be sudden, and are the 
better prepared by being conducted by men so well acquainted 
with all our rivers and inletts. In order to allay the fears of 
the people, and provide as far as possible for the defence of 
the country, I have by advice of the Council ordered the Militia 
to be in readiness, and caused the arms and ammunition sent 
hither by H.M. to be distributed among them. Look-outs are 
appointed for discovering the enemy's approach and great guns 
planted in convenient places along the Bay to alarm the country 
on their appearance. But because the privateers (who are 
generally small vessells) having such pilots as we understand 
they have, may, notwithstanding these precautions, come in 
either by night or day, and stand directly up into our rivers 
without being suspected by our look-outs, we thought it abso- 
lutely necessary to fitt out a vessell to cruise between the Capes 
and speak with all vessells inward bound, and have accordingly 
hyred and fitted out a briganteen of 10 guns and 80 men foi 
that service, which being a very good sailor will be able to 
fight anyone of the small privateers, and in case of a superior 
force, will alarm the country before the enemy can land. It 
was with much unwillingness that the Council took a resolution 
so chargeable to the Queen's Bevenue (out of which, it must be 
at present defrayed) if such a preparation could have been at 
all avoided with safety or satisfaction to the country: and yet 
if it brings no other advantage than the quieting the appre- 
hensions of danger, wch. the people had so universally conceived, 
and prevailing on them' to apply themselves to prosecute their 
labour, and make the necessary preparations for their cropps, 
wch. they would not otherwise have done, I am perswaded the 
charge will be amply recompenced!: and I hope your Lordships 
will believe that we have endeavored to do this with, as little 
charge as possible, tho in a country so unprovided of all things 
necessary as this is, and even of men fitt for such a service, 
it has proved a matter of extraordinary difficulty. As the coun- 
try in general are pleased with this preparation, I hope the next 
Assembly will reimburse the charge, to wch 1 . I beg yr. Lordps. 
to be assured I shal use my best endeavors to dispose them, 
and I doubt not the rest of the Council will do the same, this 
vessel is hyred for 10 weeks, before wch. time I hope we shal 
have a man of war to defend us more effectually. It is a 
great misfortune to this Country to be left without those guards 



256 COLONIAL PAPERS. 

1709. 

wch. alone can protect the trade and defend the coast; and if 
what we have now so great reason to expect from the privateers 
should happen to us, it will be found that our loss, tho it may 
be first felt, will be but inconsiderable in comparison of what 
the Trade and H.M. Customs must unavoidably suffer. Th,e 
privateers may land and kill some of the inhabitants, burn their 
plantations, destroy their stocks, and perhaps carry off their 
negros, wch. will be severe losses to particular persons ; but 
if it be considered that not only on such an invasion, but upon 
every alarm whether real or not, the people must be drawn off 
from their labour, to defend the coast, and the slaves conveyed 
into a place of safety till the danger is over, to prevent their 
being taken or runing to the enemy, it must be granted that 
the cropps wch. should be produced by their labour will be 
exceedingly lessened, if not intirely ruined, and thereby the 
shipping disappointed of freight, the merchant of the returns 
of his commoditys, and H.M. of her customs, wch. might 
otherwise have been expected. It is very reasonable to believe 
we shal be much more infested with the French privateers than 
formerly, for since the interruption they have found in thq 
Channel! by the prudent disposition of the cruisers oblige? 
them to come in greater numbers to America, so the- posture of 
defence H.M. Islands in the West Indies are put into, and the 
men of war that attend there will force them to adventure into 
places where they expect less opposition tho they cannot hope 
for so considerable a profite, and there's no doubt this will be 
thought a country very fitt for their purpose from the ex- 
perience they have already had, how ill our coasts have been 
guarded. As it is the peculiar happiness of the plantations 
that H.M. hath placed them under the immediate care of your 
Lordps., whose great experience in their particular circum- 
stances enable you to judge what assistances and encouragements 
they want, as well for their defence, as to render tham more 
beneficial to the Crown and trade of Great Britain, so it is (at 
the desire of H.M. Council) that I am more particularly ito 
apply to your Lordships, that by your Lordships' prudent coun- 
sels, and interposition we may have such guardships appointed 
and continued here (wch. we are humbly of opinion cannot 
be less than one fourth-rate man of war and a tender of 8 or 
10 guns) as may effectually protect the trade and defend the 
coast, and prevent those many inconveniencys to H.M. interest 
and service and the trade in general, which will unavoidably 
happen, if our safety and protection be not intended with the 
same vigilance as H.M. enemys use for our destruction. Refers 
to letters and enclosures Nov. 27, 1708. q.v. Acknowledges 
letters by way of New York. Persuant to your Lordships' 
instructions, [/] have caused the Acts for ascertaining the 
coin) and -for encouraging the trade to America to be published ; 
and shal take care that H.M. Instruction concerning the late 
Acts of Trade (July 3) be duly observed, and have by this 
conveyance sent to the Board of Ordnance an account of all 
the stores of war within this Colony etc. Signed, E. Jenings. 






AMERICA AND WEST INDIES. 



257 



1709. 



Endorsed, Eeod. 3rd, Read 29th June, 1709. 3| large pp. fC.O. 
5, 1316. No. 18; and 5, 1362. pp. 384-391.] 



March 23. 422. Li. Governor Usher to the Council of Trade and Plan- 
Boston, tations. Repeats his complaints against Mr. Vaughan and Gov- 
ernor Dudley etc. [See C.S.P. 17061708.] Signed, John 
Usher. Endorsed, Reed. May 13, Read Dec. 12, 1709. Ad- 
dressed. Sealed. Holograph. 1 p. [O.O. 5, 865. A 7 o. 33.] 

March 24. 423. Council of Trade and Plantations to the Queen. Repre- 
Whitehall. sentation upon the petition of George Gordon, Provost Marshal 
of Barbados. See Jan. 25 and June 9, 1709. [O.O. 29, 11. 
pp. 428-434.] 



March 24. 

Craven 
House . 



424. Instructions for Col. Edward Tynte, Governor of North 
and South Carolina. He is to observe and inforce the Acts 
of Trade and Navigation ; assist H.M. Collectors ; see that in 
any action concerning H.M. duties or forfeitures, only native- 
born subjects of this Kingdom, Ireland or the Plantations be of 
the Jury: give notice to H.M. or the Lord High Treasurer, if 
any person dispose of any patent rights in lands in America 
to other than H.M. natural-born subjects of Great Britain or 
Ireland, without H.M. Order in Council first obtained ; take 
care that all places of trust in the Courts of Law, or in what 
relates to the Treasury of Carolina be in the hands of H.M;. 
native-born subjects of Great Britain, Ireland or the Plantations; 
correspond with H.M. Commissioners of Customs; grant their 
officers liberty of appeal etc. and moderate the Court fees on 
their behalf. 

Additional Instructions: (1) You are constantly to transmit 
to us all Laws passed there as soon as possible for our appro- 
bation. (2) You are by and with the advice and consent of 
any 4 or more of our Deputies to adjourn, prorogue and dissodve 
the General Assembly, as often as you shall think requisite so 
to do. And that there may be no delay in the execution of 
Justice by the death or removall of any of our officers imploy'd 
in our Courts untill we can be advised thereof the first oppor- 
tunity, you are to appoint others, and make choice of persons 
of known loyalty, experience, diligence, and fidelity, until you 
shall have our approbation of them, or nomination of others 
from hence. (3) You are particularly to enquire into ye affairs 
of Rebecca Cox, widdow, and see that she has justice done her, 
according to the merits of her cause. (4) You are with the 
assistance of Nathaniel Sale, our Receiver General, to inspect 

the accounts of Ashley, our late Receiver General, etc., and 

transmit the balance due to us. (5) Whereas Landgrave Abel 
Ketelbey hath purchased 5000 acres of land of us, and paid 
to us 100 as ye purchase mony for the same, you are to 
order Col. Broughton, our Surveyor General to set out the same 
for him, for which you are to pass grants, reserving the quit- 
rent of 10/- per 1000 acres to us. (6) In case of your death 
or absence, and should there be no person on the place com- 

Wt. 11522. C P 17 



258 



COLONIAL PAPERS. 



1709. 

missioned by the Palatine or the Lords Proprietors, our Depu- 
ties shall choose one of their number to be Governor until 
another shall be appointed by the Proprietors. (7) You are to 
take great care that the Indians be not abused, and justice be 
duly administred to them in our Courts, and that you endeavour!' 
your utmost to create a firm friendship with them, and to bring 
them over to your part for your better protection against the 
enemy, the neighbouring French and Spaniards, against whom 
you are to protect our Province, and we assure you of our 
utmost assistance for your security. (8) You are to transmit 
to us, as soon as you can conveniently get it handsomely tran- 
scribed, a full and exact account of our yearly rents, etc. (9) 
You are to take care that Mr. Wigginton, our Secretary, enters 
into a bond of 1000 conditioned that he shall safely keep the 
records and papers which shall be in his custody as Secretary, 
and deliver them safe and entire when demanded by their Lord- 
ships etc. (10) You are to inform yourself of what Acts are 
fit and proper to be passed for the benefit of trade, and the 
good and prosperity of the Province, for which you shall have 
all manner of encouragement from us. (11) You shall repre- 
sent to us the state of the whale-fishing, and what further 
encouragement is proper and fitting for us to give to encrease 
the same. (12) You are to take particular care that no land 
whatsoever exceeding the number of 640 acres shall be sold to 
any person or persons whatsoever without a special warrant 
under the hand and seals of the Lord Palatine and four of us the 
Lords Proprietors be first produced to justify such sale. (13) 
You are to take care that it be made publick 'that all land which! 
shall for the future be sold in South Carolina, the purchase 
mony thereof shall be according to the value of English sterling, 
and the quit-rents reserved for the said land shall be of the 
Iik3 value, and made payable at Charles Town, with such cov- 
enants as you our Governor and 4 more of the Council shall 
think fit. And for all lands sold in North Carolina, the purchase 
rnony, and ye quit rents for the same, are to be of like value, 
and made payable at Chewan or at Bath Town. Signed, Craven, 
Palatine, Beaufort, M. Ashley, J. Colleton, J. Danson. \C.O. 
5, 289. pp. 162-184.] 

March 24. 425. Patent from the Lords Proprietors of Carolina to Abel 
Ketelbey, for 1000 acres of land, referred to in preceding. Same 
signatures. Latin. [C.O. 5, 289. pp. 191, 192.] 



March 24. 
Craven 
Be use. 



426. Warrant of the Lords Proprietors of Carolina to the 
Eeceiver General to pay Governor Tynte "270 pounds in peices 
of eight weighing 17dwt. 10 gr. at 6 shillings the peice." Signed, 
Craven, Palatine, Beaufort, M. Ashley, J. Colleton, J. .Danson. 
By their Lordships' command, E. Skelton. [C.O. 5, 289. p. 
187.] 

March 24. 427. W. Popple to Dr. Davenant. Repeats request for ac- 
Whitehail. count of Naval Stores, by next week. See March 16. [C.O. 389, 
20. p 345.] 



AMERICA AND WEST INDIES. 



259 



1709. 
March 27. 

Boston. 



March 28. 

Whitehall. 



428. Mr. Bridger to the Council of Trade and Plantations. 
Acknowledges letters of July 7 and Dec. 29. The Act your 
Lordships ofer for the preservation of H.M. woods has no 
relation thereto, that Act prespects only pitch'-pine, the mast 
tree is another speice, tho' both pine, etc. Altho' I proved by 
3 wittnesses the cutting 6 large mast trees by Mr. Plaisted, yet 
was cast, the jury being] all as guilty as he was, and therefore 
I was cast, and forever shall be, till an Act be passed in Greati 
Britain for the preserving 1 H.M. woods in the Plantations. Mr. 
Plaisted has this winter cut many masts above his contract. 
Prays for orders. Proposes to seize all masts of reserved dimen- 
sions, and that the proof lie upon the cutters, that they wer*a 
cut on private lands. The frontiers extends somewhat more 
than 50 miles where the masts grow, and there is 70 oddl saw- 
mills, and I have no assistance, etc. As to the wast made; iiu 
H.M. woods I am still endeavouring to prevent, but not to 
effect. Repeats application for deputies and grant for expenses 
etc. The marchants here told me the premiums were not paid 
and that was the reason of the decrease of Naval Stores, and 
as soon as' I reed, your Lordshipps' leter, acquainted them there- 
with, who answred twas of late, if soe. But be the cause 
what it will, the effect is very plaine, for this year in thei 
whole fleet there is no more than 120 barrl. tar, 1890 barrll. 
pitch ; 124 rozin, 1333 barrl. tirpentine. I can see the woolen 
manufacture here is increased very much and growing daily. 
But am in hopes that in peace the people will be more inclinable 
to the making pitch, tar, etc., for now there is a great number 
of soldiers employ [&d~] by the Government, besides the frontiers 
that now are exposed to the ravages of the Indians will ba than/ 
in safty, those parts producing good land, and most proper 1 . 
I have made some progress in the raising hemp, and hope shall 
in a few years be able to give your Lordps. a good acct. thereof, 
etc. Denies his conniving at the cutting of mast -trees etc. 
Signed, J. Bridger. Endorsed, Reed. May 23, Bead Dec. 9, 1709. 
6| pp. [C.O. 5, 865. No. 28.] 

429. Council of Trade and Plantations to Governor Lord 
Lovelace. Tho' the premium allowed by the Act of Parliament 
to importers of Naval Stores from the Plantations be a con- 
siderable incouragement to the importers, as likewise to the in- 
habitants, in the several Plantations, to apply themselves to 
the production of the said Stores there, yet that there may be 
nothing wanting whereby so good a work may be further in- 
couraged and promoted, we desire your Lordp. will consult 
with the persons chiefly concerned and most knowing in these 
matters in the Provinces of New York and New Jersey, and 
then lett us know what you may have to propose upon this 
subject, particularly with regard to the making of pitch and 
tarr, and to the furnishing H.M. Navy and this Kingdom with 
masts. We further desire your Lordship to consider of a proper 
method for preserving the masts and timber in the woods, that 
are fit for the use of H.M. Royal Navy. Enclose Order in Council 



260 



COLONIAL PAPERS. 



1709. 



March 28. 
Whitehall. 

March 29. 

Whitehall. 



March 29. 

Whitehall. 



March 30. 

Whitehall. 



March 31. 

St. James's. 



March 81. 

St. James's. 



repealing the Act for preventing the corruption of currant coin 
(March 3), which you are to cause to be published and ejitred 
in the Council Books as usual, and a paper containing some 
of the reasons, etc. [C.O. 5, 1121. pp. 363, 364.] 

430. Same to Governor Dudley. Similar Instruction to 
above, relating to Naval Stores. [C.O. 5, 913. pp. 59, 60.] 

431. Mr. Popple to Col. Jenings. Encloses letters to be 
forwarded to Col. Dudley and Col. Seymour. [C.O. 5, 1362. 
p. 361.] 

432. Same to Mr. Corbin. Encloses dispatch to Col. Jen- 
ings to be forwarded by one of the men of war designed for 
Virginia, etc. [C.O. 5, 1362. pp. 361, 362.] 

433. Council of Trade and Plantations to the Earl of Sun- 
derland. The little white house adjoyning to our office (in 
which Sir John Stanley did live) was after the fire at Whitehall 
granted by his late Majesty King William for the use of this 
Office, and workmen were employed in fitting it up for that 
purpose. But the Earl of Albemarle having desired it of his 
said Majesty for Mr. Vanderesse, Paymaster of the Dutch troops, 
the said Vanderesse was put into possession thereof, and by 
that means it was lost to the Office. Our Secretary has served 
in this Office near upon 12 years, during 10 of the said years 
he never received on account of his salary more than four score 
pounds per annum clear ; nor has he had during that time or 
since any fees or perquisites whatsoever. In consideration there- 
fore of his service, which 'has been approved and accordingly 
certifyed by the former Commissioners, under different Com- 
missions; and in regard the said house by being contiguous to 
the Office will be a considerable advantage in relation to the 
dispatch of our business, and a security to our- books and papers 
in case of fire, we desire your Lopp. will please so to represent 
this matter to H.M. that she may be graciously pleased to order 
the said house for him and for the Secretary of this Commission 
for the time being. Annexed, 

433 i. Certificates by former Commissions in favour of an 
increase of salary for Win. Popple, jr. April 4, 1698, 
April 18, 1700. [C.O. 389, 36. pp. 390-393.] 

434. Order of Queen in Council. Boundary Commissioners to 
be appointed on the part of Virginia, as proposed March 14. 
Signed, John Povey. Endorsed, Eecd. Kead May 2, 1709. If pp. 
[C.O. 5, 1316. No. 14; and 5, 1362. pp. 363, 364.] 

435. Order of Queen in Council. Expenses of Virginian 
Boundary Commission to be paid out of H.M. Eevenue. Signed 
and endorsed as preceding. 1 pp. [C.O. 5, 1316. A T o. 13; 
and 5, 1362. pp. 362, 363." 



AMEEICA AND WEST INDIES, 



261 



1709. 

March 31. 436. Petty Expenses of the Board of Trade Xtmas, 1708 
Lady-Day, 1709. See Journal of Council, under date. 3 pp. 
[C.O. 388, 76. Nos. 51-53; and 389, 36. p. 394.] 

March 31. 437. Council of Trade and Plantations to the Lord High 
Whitehall. Treasurer. Enclose preceding and request for salaries of Secre- 
tary etc. [C.O. 389, 36. pp. 395-398.] 

March 81. 438. W. Popple to Eichard Savage. Desires accounts of 
Whitehall, imports of Naval Stores Christmas 17071708, etc. [C.O. 
389, 20. p. 346.] 

March 31. 439. Orders of Queen in Council. Appointing Mark Hunkins 
Whitehall, and Thomas Packer to the Council of New Hampshire. Signed, 
John Povey. Endorsed, Eecd. Eead May 2, 1709. '2pp. \O.O. 
5, 865. No. 15 ; and 5, 913. pp. 64, 65 ; and 5, 11. No. 39.] 

March 31. 44O. Address pf the Assembly of New Jersey to the Queen. 
We are very sorry that this Address is occasioned by the unhand- 
some treatment we have met with in an Address made to your 
Majestic by ye Lieut. Governour and Council of your Majties. 
Province of New Jersey, in which your Majties. loyall subjects, 
ye Eepresentatives of ye said Province, are accus'd of many 
great and heinous crimes, and among the rest of a design to 
throw of your Majties'. prerogative Eoyall, and involve your 
Dominions in this part of ye world, and your good subjects in 
them in confusion, thereby to obtain their wicked purposes. We 
think ourselves under ye greatest obligation to your Majestie for 
your justice in appointing H.E. John Lord Lovelace to enquire 
into ye matters of fact alledged in that address, and to lay 
them before your Matie., which we make no question he will do 
with much truth and justice, and set ye difference between ye 
Gentlemen of your Maties. Council and this house in its true 
light. We cannot accuse ourselves either of doing or designing 
anything prejudiciall to your Maties.' service, and have said 
nothing we know of either in our Eemonstrance or our Reply to 
ye Lord Cornbury's Answer but what was true, and what we can 
make out by unquestionable proof, having us'd all ye caution 
we were capable of to inform ourselves in ye severall matters 
of fact there related, and had not ye Addressers given too much 
way to ye resentments of ye Lord Cornbury, we perswade our- 
selves they would not have appear 'd so violent in ye justification 
of a person whose conduct did not entitle him to so great a; 
regard as they have paid him. The intemperate language they 
treat us with, as it does not become persons in their stations, 
so wee could wish they had forborn that unaccountable heat so 
prejudiciall to your Maties.' service, and join'd with us in such 
measures as might have conduc'd to ye publick good, but that 
was what they have (by this address) fully evinct we had no 
reason to expect from them, and we have but too much reason 
to fear they will make no scruple of sacrificing the publicld 
peace of the Province to their private resentments whenever any 



262 COLONIAL PAPERS. 

1709. 

opportunity is given them. This Address of the Lieut. -Gov- 
ernour and Council was rejected in publick Council, and is no 
Act of Council, but sign'd by the said Lieut. Governour and the 
rest of the Addressers at different times and in different places 
being carried privately about for that end, and what is worse 
not only without that consideration publick procedures of that 
kind required but by many of them as we have reason to believe 
without so much as reading of it, as the Lieut. Governour himself 
has acknowledged he did. We believe the safetie and welfare of 
your Maties.' Plantations in America is not ye meanest part of 
your Royal] care, nor of ye least concern to ye advantage and 
flourishing condition of your Maties.' Kingdom of Great Brittain, 
and that the suggesting to your Matie. that all or any of them 
are inclin'd to throw of your prerogative Royall is an endeavour 
to render your Maties. loyall subjects in the Plantations sus- 
pected to your Matie., and of alienating your affections from 
them, which must be of the last consequence to your Maties.' 
affairs. We think our proceedings cannot justly be charg'd 
with the consequences they deduce, such we very much abhorr 
or any other measures that looks like want of duty, affection or 
loyalty to your Maties.' Royall person and Government, and 
hope that nothing will induce your Matie. to believe the contrary 
either of us or of any other of your Plantations in America. We 
cannot tell what reason those Gentlemen had to tell your Matie. 
that you .would be disappointed in your expectations of a Revenue, 
if some dislike of the Assembly's proceedings were not shewn 
by your Majestie, when a considerable support for your Maties. 
Government was voted long before that address was made, and 
it was altogether, the fault of ye Lord Cornbury and ye addres- 
sers that it was not rais'd, and this House is so far from making 
their resentments any obstruction to your Maties.' service that 
in honour to your Majestie's Commission they have given the 
Lieut. Governour 200 for one year, though he is a person that 
has least deserved it of them, and an office no ways usefull 
to your Maties.' subjects here; and which we are not able to 
support, and though we are one of the poorest of your Majesty's 
Provinces in these parts, have paid that regard to that office 
which New York tho' abundantly better able has not done. 

When H.E. represents the matter of fact to your Matie., we 
doubt- not you will perceive how much your Matie. and youi 
good subjects here have been abused by ye misrepresentations of 
ye addressers, and how unfit those men are who have so grossly 
endeavou-r'd to mislead your Matie. to be of your Maties.' Council 
here, and who we fear will create differences and animosities 
among your loyall subjects, which will wholly obstruct all en- 
deavours for your service or the good of this Province, we 
humbly submit to your Majesties' consideration. We heartily 
pray that God may continue your Majesty a blessing to your 
subjects, etc. Signed, By order of the House, Thomas Gordon, 
Speaker. March 31, 1709. Some of the Members of this house 
being of the people called Quakers doe consent to the matter 
and substance above written, but make some exceptions to the 



AMERICA AND WEST INDIES. 263 

1709. 

stile. Endorsed, transmitted by Mr. Cockeril to the Earl of 
Stamford, Eecd. Nov. 14, 1709. 3 pp. [0.0. 5, 970. No. 81.] 

March 31. 441. Order of Queen in Council. Referring enclosed to the 
St. James's. Council of Trade and Plantations to examine and report upon. 
Signed, William Blathwayt. Endorsed, Reed. 5th, Read 6th 
April, 1709. f p. Enclosed, 

441. i. Alexander Skene to the Queen. Petitions against 
Governor Crowe's encroachments upon his office as 
Secretary etc. See Acts of Privy Council, II. No. 
1082. Copy. 3 pp. 

441. ii. Copy of H.M. Warrant appointing Alexander Skene 
Secretary of Barbados, etc. April, 1702. 3^ pp. 
[0.0. 28, 12. Nos. 17, 17. i., ii. ; and 29, 11. pp. 
435-443.] 

March 31. 442. Order of Queen in Council. Timothy Salter is to be 
St. James's, appointed to the Council of Barbados. Of. Dec. 3, 1708. Sir/ned, 

John Povey. Endorsed, Reed. Read May 2, 1709. If pp. 

[O.O. 28, 12. No. 18 ; and 29, 11. pp. 447-449.] 

March 31. 443. Order of Queen in Council. Referring following to the 
St. James's. Council of Trade and Plantations to examine and report upon. 

Signed, William Blathwayt. Endorsed, Reed. 4th, Read 6th' 

April, 1709. 1 pp. Enclosed, 

443. i. Address and Petition of Members of Assembly, Free- 
holders, merchants etc. of Antigua to the Queen. Ex- 
press loyalty and delight in H.M. victories, and the 
Union. Complain that they are insulted and tyrannized 
over by Governor Parke. He has been every way want- 
ing in making provision for the defence of the Island. 
In times of the most imminent danger his conduct looked 
more like a design to surrender up than defend the 
same. In all his administration he has exercised the 
highest acts of injustice and violence, and trampled 
upon our Laws, etc. etc. Signed, Robt. Duning, Will. 
Pearne, Giles Watkins, John Paynter, Hopefor Bendall, 
John Rose, Jno. Otto Bayer, Bastiaen Otto Bayer, H. 
Givehene, Richd. Couchran, Henry Symes, Gervas Tur- 
ton, Saml. Frye, Charles Loyd, Wm. Lavington, Thomas 
Hanth, Aniho. Brown, Row. Williams, Bar. Tankard, 
Sa. Watkins, Th. Oesterman, Jacob Morgon, Allen Gil- 
bert, W. Glanuch, Joshua Jones, Edwd. Chester jr., 
Jos. Adams, Andrew Murray. The Gent: of the As- 
sembly: Natha. Crump, Wm. Thomas, Dan. Mackinen, 
John Duer, John Leighfoot, Fran. Carlile, Sam. Phil- 
lips, Edwd. Perrie, Bas. Looby, John Fry, Ja. Reade, 
Edw. Chester, Charles Callahane, John Barnes, Thomas 
Williams, Isaac Hertford. Copy. 3 pp. 
44.3. ii. Articles of complaint exhibited against Governor 
Parke. (1) Soon after his arrival in Antigua (to pave 
the way for his injustice and tyranny etc.) he did 



264 COLONIAL PAPERS. 

1709. 



frequently and publickly declare that he had assurance 
from my Lord High Treasurer and the Dutchess of 
Marlborough that he should be supported and pro- 
tected, let him do what he would, etc. (2) He did 
menace and otherways endeaver to scare witnesses from 
testifying the truth in the <case lof Edward Chester, : senr., 
under prosecution for the death of Mr. Thomas, Lawyer, 
and that because the testimonys tended clearly to prove 
that he dyed a natural death, and did attempt by his 
presence and all the artifices he was master of to 
oblige the Coroner's Inquest to find that the said Law- 
yer dyed by a iblow upon his head with a tankard given 
to him by Chester, and that contrary to a train of the 
clearest evidences imaginable, and did threaten and 
ill use the Justices who bailed Chester, tho' done after 
it was found by the Coroner's Inquest that the said 
Lawyer dyed a natural death, and did immediately turn 
out the Depty. Provost Marshall for shewing Chester 
some civilitys, and all this at a time when the General 
had vowed and threatned the ruine of Chester ; upon the 
most groundless displeasure. (3) He endeavoured to 
compel several persons to give him an account by what 
title they held their estates, and that by ways unheard 
of and abhorred in law, and particularly he commanded 
Col. Christopher Codrington, immediately upon a 
precept signed by the said Col. Parke, to give him an 
account by vertue of what authority he did hold the 
Island of Barbuda, tho' Codrington's father and uncle 
had been in the undisturbed possession of the said 
Island for two and twenty years and upwards, and 
claimed the same by several Patents past in due fform. 
(4) He has several times employed parties of armed 
soldiers not only in the business properly belonging 
to the Constables, Custom-house Officers and other civil 
officers, but likewise in the highest acts of violence 
and injustice, particularly in ejecting persons out of 
their freeholds and possessions, and in order to it 
breaking open doors and windows. (5) When the As- 
sembly most humbly represented this as a grievance 
like to produce such dismal melancholy consequences 
that in duty to their country they could not sit silent 
under, and prayed H.E. to redress such past disorders, 
etc., and prevent the like for the future, he told them 
they had nothing to do with; it, which obliged the 
Assembly in their next Message to assert that undoubted 
privilege of their House to inquire into and represent 
grievances to him and his Council for redress. He in 
answer flatly declared he knew no privileges they had, 
and in a very few days after dissolved them for no other 
reason but 'insisting upon their privileges. (6) He 
issued out writs for the election of a new Assembly 
by which the persons to be elected were to be Free- 



AMERICA AND WEST INDIES. 265 

1709. 

holders of the Division or Town where elected, contrary 
to former usage, grounded upon his and former Generals' 
Commissions, whereby the Electors were to be Free- 
holders, but no such qualification required in the Elec- 
ted. (7) He did take upon himself to determine the 
validity of elections of Members of the Assembly, par- 
ticularly of Capt. Edward Perrie, whom he refused to 
admit to take the oaths, and admitted one James Nesbit 
in his room, tho' the Assembly had determined the 
Election in favour of Capt. Perrie, which raised that 
just jealousy in the Assembly of their constitution 
being invaded in so high a degree, that without having 
their privileges asserted, they could not esteem them- 
selves the Representatives of the People, nor discharge 
the high trust reposed in th,em, and in a few days that 
Assembly was dissolved, without having it in their 
power (by reason of the aforesaid obstructions given 
them by the Genl.) to provide for the payment of! 
the publick debts, or any other way to take care of the 
credit, security and welfare of the Island, as they were 
well-disposed to have done. He hath given the same 
obstructions to the present Assembly called in a month 
or thereabouts of the last mentioned dissolution and 
continued in his obstinate denyal of the just and un- 
doubted privileges of the Assembly, by which means, 
and for that no Assembly has been called for these 
9 weeks last past, this Colony is left .destitute of suit- 
able provision in its greatest concerns to this day. 
(8) By menaces, promises, and all other artifices used 
by him and his emissaries, he hath endeavoured these 
two last elections of Assemblymen to overawe, impeach 
and hinder the freedom of Elections, and hath fre- 
quently declared by high and severe resentments against 
a great many persons who voted for such men whom 
they thought disposed and capable faithfully to serve 
their Queen and country. (9) He hath been -all along 
guilty of most unsoldier-like neglect in time of warr, 
and in the neighbourhood of a most powerfull and 
watchfull enemy (nay, even when there was a Fleet 
of French men of warr at Martinique, and advice of a 
descent threatned on this Island thence). Insomuch] 
that the Militia had quite forgot the use of their arms, 
in which they had been brought to a great perfection 
by the care of former Generals. At that very time of 
imminent danger, he not only left the Fort of Monk's 
Hill (which has been fortifyed at an immense charge to 
the Island, for the securing the wives and children and 
, most valuable effects at the first appearing of an enemy) 

destitute of men, ammunition, and provisions, but like- 
wise did throw the great guns from off the walls of 
an outwork of the said Fortification, which otherwise 
would have been of great service for the commanding 



266 COLONIAL PAPEES. 

1709. 



of Falmouth Harbour, and two great roads that lead into 
the heart of the Country, without the advice of his 
Council, and at that time was wholly taken up in in- 
trenching and fortifying the town of St. Johns, a place 
not to be made tenable with any charge, altho' the whole 
strength of the Island had been employ'd upon it for 
any length of time, much less in so short a time as 
we had reason to depend upon, when we expected the 
enemy every day, and that by, reason of the neighbouring 
hills which command it, and of the great extent of its 
trenches not to be garnished with treble the number 
of men that was then upon or can ever be muster'd 
in said Island. He did then not only order the afore- 
mentioned guns to be thrown off the outwork of Monk's 
Hill, and almost all the other great guns from all the 
other landing-places in the Island to be drawn to St. 
Johns, but likewise ordered all the troops both regular 
and militia upon an alarm to march to St. Johns, the 
standing guards not excepted, so that by his conduct 
the landing was to have been yielded to the c-nemy 
without the least dispute, and all this not only without 
the advice or consent of any Council, but likewise con- 
trary to the opinion of a Council of Officers, and 
contrary to the constant practice of former times, ex- 
perience having taught us to receive them at landing 
if possible, and give them the warmest reception we 
can, and when out-done bye numbers or otherwise, to 
retreat to the next Pass, and there make a stand, and 
by byways and 'ambuscades to annoy and continually 
harrass the enemy, and at last after losing the Island 
ffoot by ffoot, that the bulk of the troops retreat to 
Monk's Hill by such paths as would be hard for the 
enemy to find out, which might be easily made through 
the woods, whilst drawing all the men and great guns 
to St. Johns looks like a design of surrendring the 
Island, and every person so shut up within the trenches 
of St. Johns at first push. (10) He has frequently 1 
and publickly declared in the Court of Chancery, where 
he sits as Chancellor, that he would be guided in 
making his decrees by no law or precedent whatsoever, 
but that either to the merits of the cause or the proofs, 
he will judge as he thinks reasonable and equitable, 
if it were against all Law and the constant current of 
all the precedents of the High Court of Chancery of 
England, so that he is rather a Law-giver than a Judge, 
and that he hath made good his declarations, his arbi- 
trary, illegal and unjust decrees will sufficiently make 
out, tho' he has pronounced but very few, and that 
he hath drawn almost all business into Chancery, where 
there is not the least colour of equity, almost to the 
total exterminating of the Common Law, and eluding 
the fruits of all judgments, especially considering that 



AMERICA AND WEST INDIES. 267 

1709. 

our executions upon judgments at Common Law are 
very dilatory, and that he has granted frequently genl. 
injunctions to hinder and stop persons from prose- 
cuting any action whatsoever at Common Law, tho' 
the bill upon which tih,e injunction has been granted 
has been only for one particular single matter, and 
commonly granted injunctions before any bill filed) 
and has bought in bonds for a third part or half the 
value of the debt, when the obligee has been barr'd 
his remedy at Common Law by injunction. All which 
proceedings of his as Chanceller have been 'matter of 
the greatest horrour to all men of judgment, when they 
consider that every man's estate, nay and person must 
by those means be subjected to such a man's unparal- 
leled and unjustifiable passions and resentments, and 
that insatiable avarice which has so strongly and clearly 
discovered itself in all his administration. (11) He 
has several times threatned to turn out Judges of the 
Common Law, particularly Samuel Watkins, Chief Jus- 
tice of the Court of Common Pleas, for both the pre- 
cincts of this Island, and that upon notoriously false 
and forged complaints, but truly for not being appli- 
cable to all his purposes, tho' never so contrary to 
Law and Justice. He has by unprecedented and un- 
warrantable mandamus's commanded the said Chief 
Justice to sign such process as was directly contrary 
to the Laws of England and this Island. (12) He 
has been manifestly guilty of the breach of his oath 
pursuant to the Acts of Trade, in that after he had 
information that a considerable quantity of brandy had 
been imported contrary to the directions and purport 
of the said Acts, and had according to his laudable 
custom clapt partyes of armed soldiers upon the doors 
and other passages of the house or cellar where the 
brandy was lodg'd, he afterwards in few hours ordered 
the soldiers to be taken off, and by agreement yuffer'd 
the same to be carry 'd away by Edwd. Chester, ^enr., 
owner of the brandy, and after obliged him to allow 
him in accompt 150 currt. mony for his rd of the 
seizure as Chief Governor. (13) He has ordered several 
unwarrantable seizures to be made, where no offence 
has been committed, upon full assurance that he had 
made such Judges of the Admiralty as would not fail 
to condemn them, with or without cause, and other 
seizures made, which never have been so much as in- 
formed against, much less condemned, particularly 16 
firkins of butter belonging to John Barbotaine of St. 
Johns, merchant. (14) By an order of his directed 
to the officer appointed for collecting of powder from 
the vessels arriving in this Island, he did exempt the 
sloops belonging to it from the paymt. of powder, tho' 
the said duty of powder was by an Act of the Island 



268 COLONIAL PAPEES. 

1709. 



indifferently upon all vessels arriving, and then upon 
his groundless displeasure conceived against the people 
of this Island, did by a contrary order command the 
said officer to exact the same of all vessels without 
exception, which is the most barefaced and bold dis- 
pensing with and trampling upon Laws that ever was 
attempted by any subject. (15) He has heightn'd all 
his own ffees, some of them very near double of what 
was exacted by any former Genls., and that not only 
without the consent of, but also without so much, as 
communicating the same to the Council of this Island. 
(16) Upon the arrival of the brigantine Anne, Sept. 
1707, which in a violent storm was overset, and a 
wreck for several days, and forced into this Island, 
tho' design'd for Barbadoes, he told Mr. Chester senr. 
who, (upon application to him from the Master as 
Friend and Correspondent of the owners), waited upon 
H.E. to have a new register, the former being lost in 
the storm, that it lay in his power to seize her, and 
refused at that time to grant a register, but told him 
to come again, which he did, and then he told Chester 
that it was an act of favor, and that he must have a 
present, and thereupon granted a register in some few 
days, after that did ask Chester in presence of Capt. 
John Bock for what he had promised him, and ac- 
cordingly had 10 barrils of flower. (17) He has made 
Justices of the Peace of the meanest and the lowest 
rank and most wretched character, who dare not do 
their duty, when it is the most clear and unquestion- 
able without the Genl's. direction and approval. (18) 
He hath given the command of one of his privateer 
sloops to one John Ham, a man notoriously known to be 
guilty of piracy, and all manner of villanys, and par- 
ticularly of a most barbarous and treacherous murder 
of 5 or 6 Spaniards in cold blood, whom he had invited 
to an entertainment at his own house, since which time 
the said Ham never durst appear in the Leeward Islands., 
or anywhere but in such places where Justice could 
not reach him, till the arrival of our present Genl., 
who as it is universally reported has given him his 
pardon. (19) He has frequently and publickly de- 
clared his implacable malice against Antigua, and par- 
ticularly once at the house of Col. Fra. Eogers did 
declare that were it not for a few Friends, he would 
send the Island to the Devil, so that it must be obvious 
to every common understanding that the Island must 
be in a very wretched condition, especially if we should 
be attackt by an enemy, which we are threatn'd with 
almost every year. (20) He did publickly swear at 
the house of Col. John Lucy Blackman, that if he knew 
any person was going home to complain of him to 
the Queen, he would clap them into a dungeon, and 



AMERICA AND WEST INDIES. 269 

1709. 

there they should perish, and there was more ways to 
kill a dog than one, and repeated the same upon several 
other occasions. (21) He has exacted a tenth part 
of all prizes taken by privat men of warr, for granting 
them commissions, and refused to grant commissions 
to several persons unless they had agreed to pay ac- 
cordingly, etc. (22) It has been his common practice 
to ramble at night up and down the streets of St. Johns 
and from house to house, list'ning and eavesdropping, 
and that in different disguises, tho' very well known 
in all of them, and so exposed to all the world, bringing 
thereby his person and authority in contempt. In 
those his night rambles, he did alway go privatly 
armed, with a small ponyard and case of pocket pistols, 
well knowing that his scandalous purposes must expose 
him to very notable dangers. Signed, as preceding, 
reading Glanville for Glanuc\h, and Trant for Hanth, 
and omitting Givehene. Copy. 15^ pp. 
443. iii. Petition of Merchants trading to Antigua to the 
Queen. Pray that above complaints may be heard. 
"Some of us have had fresh advices from our corre- 
spondents that since the sending home the preceding 
articles, Governor Parke's administration has been in- 
supportable in every part of it, and particularly that he 
has made no manner of provision for the security 
of the Island against the attempts of the common .enimy, 
which has encouraged them to land with a design to 
plunder the Plantations upon the sea-coast, tho' hitherto 
insuccessfully, and that they have been more than ever 
insulted and oppressed by him in their persons and 
estates, and that he has given such discouragement to 
the trade of the said Island as must very much sink 
if not totally ruin the same. ' Petitioners have good 
reason to believe that they should all have had letters 
from their friends to the same purpose, had not some 
late practices of the Governour render'd the convey- 
ance of letters and packet-boats much suspected, etc. 
Signed, Richd. Norris and 13 others. Copy. 3 pp. [C.O. 
.152,8. Nos. 12, 12.i.-iii. ; and 153, 10. pp 815-843.] 

March 31. 444. Order of Queen in Council. Upon the appeal of Sir 
St. James's. Charles Orby, Bart., and Dame Anne Hopegood, his wife, relict 
of Sir W. Beeston, the Council of Trade and Plantations are to 
propose two persons fitly qualifyed to be Councillors in Jamaica, 
who may make up a sufficient number for hearing this cause 
on appeal to the Governor and Council, 3 of the present Coun- 
cillors being disabled for hearing it as being Factors in the 
African Trade, and as having been Judges in the Grand Court 
in the said cause, etc. The case is set out, Acts of Privy Council, 

11. No. 1067. Signed, William Blathwayt. Endorsed, Reed. 
Read April 4, 1709. 3 pp. [C.O. 137, 8. No. 34; and 138, 

12. pp. 381-384.] 



270 COLONIAL PAPERS. 

1709. 

April 1. 445. Mr. Dummer to Mr. Popple. 'Tis my duty to acquaint 
London. you what comes to hand touching tihe interest of trade in the 
West Indies ; I can only lament our misfortune in this, and I 
doubt many other cases of practice, that we so easily runn into 
popular laws, quite against the nature of the thing, or at least 
against the most publick and honest interest of the Nation, with 
the Spanyard in this particular. This copy is from my corre- 
spondent at Jamaica, and is of the same tenour that all other 
men write which are fair traders and void of rapacious and 
violent enterprizes, the mischeifs of whicth. are well enough de- 
scribed to satisfy you or anybody what is likely to come to pass 
by that pernicious law, a law that manifestly carries a legion 
of evils in the practice of it. Signed, E. Dummer. Endorsed, 
Eecd. 2nd, Eead 6th April, 1709. Addressed. Postmark, f p. 
Enclosed, 

445. i. Wm. Bignall to [? Mr. Dummer] Kingston, Jan. 
17, 1708. Trade in generall seems at a stand, and 
nothing on foot but privateering. We are promised 
a convoy for the coast as soon as the packet or any 
advice from England arrives. Gandy and severall have 
bought negroes for the trade to help of the woollens 
which are now run downe in price so much by the 
privateering that we expect no profit, all we hope for is 
to sell at low prizes that the goods may not perrish 
on our hands. I was in hopes the account you gave 
me that the privateers were forbid to cruise on the 
coast would have had some good effect ; but since yt., 
is come in Morgan in his privateering sloop from the 
coast, where he took severall canoes with money under 
the shoar, as they were going aboard the traders then 
under convoy of the Roebuck, and since that has taken 
a Spanish vessell as he says with a good summ of 
money on board, but whither Spanish or English ves- 
sell is uncertain, for he has brought in nothing either 
Spanyard or anybody to condemn the prize, and whither 
the vessell was within 5 leagues of the shoar, is never 
enquired after; at this rate the privateers may follow 
anyone of our own ships out of port, and take away 
what he sees good and burn the ship, and we never 
the wiser. It is the opinion of every one this cursed 
trade will breed so many pirates, that when peace 
comes we shall be in more danger from them than wee 
are now from the enemy, their captains have no com- 
mand, every man is allowed a vote, and so most votes 
carry the vessell where they please, if the captain was 
to have the sole command it would be much better for 
keeping the men in subjection, and that might easily 
be, if the Governor would so order it, but they have so 
much incouragement, I beleive we shall find it very 
difficult to get men for the traders when we have a 
convoy. Signed, Wm. Bignall. Copy, f p. [C.0. 137, 
8. Nos. 35, 35. i.] 



AMERICA AND WEST INDIES. 



271 



1709. 

April 2. 446. H.M. Warrant granting Thomas Hodges, Attorney 

St. James's. General of Barbadoes, leave of absence for 6 months for the 

settling some extraordinary affairs, and for the recovery of 

his health, on his appointing a Deputy approved by the Governor. 

Countersigned, Sunderland. [C.O. 5, 210. p. 142.] 

April 2. 447. The Queen to Governor Handasyd. You are forthwith 
St. James's, to transmit a true state of Capt. Samuel Jones' case, and stop 
proceedings in the mean time. etc. Countersigned, Sunder- 
land. (A.P.C.II. pp. 549, 550. q.v.) [C.O. 5, 210. pp. 143, 
144.] 

April 4. 448. John Crofts to John Graves. The taking of Uxuma, 
Virginia. Providence and ye Isle of Thera is confirmed, and that the 
French and Spaniards did ^most barbarously and unhumanly 
treat and abuse ye poor inhabitants, beating them very cruelly, 
stripping many stark naked. Bead Elding's Misres. they whipt 
to death, and severall others they miserably tormented, and are 
now setled at the Isle of Thera, Providence, etc., so at present 
they are actually in possession of those Islands, and have 
already taken about 17 sayl of sloops etc. that were bound to 
Jamaica, and coming from thence to Carolina, New York, Ber- 
muda, etc., and doubtless there are many more that know not 
yet of. The ill and fatall consequence of ye enemy possessing 
these Islands time will manifest. I wish with all my heart 
there may be speedy, effectuall care taken to suppress them, 
if not there will be no trading from the northern parts, Carolina, 
nor Bermuda to Jamaica without running very great hazard 
of being taken. I am of opinion that two sixth-rate frigatts 
well-man'd will be of sufficient force to repell ye enemy thence., 
and if there was but incouragement and notice thereof given, 
doubtless severall persons from all parts would venture to go 
tJhero to inhabit, and once more settle those Islands, especially 
if there was any prospect of living there hereafter in security. 
I must and do beleive, if ye great considerable advantage of our 
keeping those Islands was fairly and truly stated, and ye damage 
we might reasonably expect to sustein by ye loss of them but 
well and fully represented to our most gracious and good Queen, 
yt. H.M. would immediately take them under her particular 
care and protection, ajid forthwith send a suitable and necessary 
strength to regain them again. Doubtless there are many in 
London etc. that will joyn with you to demonstrate the great 
importance of so weighty an affair. Certainly the traders to 
Jamaica, Carolina, New York, New England, and all the Northern 
parts, as also Bermuda, will be very forward to assist you in 
a proper Representation, and in the Loyall Johnson of Carolina 
the Hon. Coll. Willm. Rhett, with whom) I have often had some 
discourse concerning the consequence of the enemys being setled 
in ye Bahama Islands, and he seems to be much troubled thereat, 
and believes that if they be not speedily repulsed that these 
American parts will be very great sufferers thereby, and be 
in (great want of salt, the French having also taken Turks Islands, 



272 



COLONIAL PAPERS. 



1709. 



etc. etc. Signed, John Crofts. Endorsed, Eecd. 28th', Read 29th' 
June, 1709. Copy. 1 pp. [C.O. 5, 1264. No. 71.] 



April 5. 449. The Earl of Sunderland to the Council of Trade and 
Whitehall. Plantations. Encloses following for their report. Signed, Sun- 
derland. Endorsed, Reed. Read April 6, 1709. 1 p. Enclosed, 
449. i. Sir Wm. Hodges, Bart., to the Queen. The Marquis 
de Preu, a Fleming born, hath served the Crown of 
Spain for many years, and being now old, and dis- 
gusted, hath bought the Governmt. of Cartagena, etc. 
Prays for a pass for a Spanish ship from Cadiz., 
to carry the Governor and Dep. Governor with Spanish 
goods thither, and to return by way of the Havana, 
laden with products of the Spanish West Indies. Such 
a voyage would turn to the advantage of trade to H.M. 
subjects, for not a French man is to be concerned in 
ship nor cargo. 1 p. [C.O. 388, 12. Nos. 2, 2. i.; 
and 389, 20. pp. 347, 348.] 

April 6. 45O. Wm. Penn to the Council of Trade and Plantations. 
[6. currtt.] Honorable Friends, I presume to beg the favour of a coppy 
of all orders since 1685 from the respective Committes of 
Trade and Plantations for settling boundarys between the, Province 
and Territorys of Pennsylvania, and the Province of Maryland, 
especially that 1699, or 1700, and any since sent to those Prov- 
ince:* (if any were) and it will very much engage, Your re- 
spectfll. Friend, Signed, Wm. Penn. Endorsed, Reed. Read April 
6, 1709. Holograph. 1 p. [C.O. 5, 1264. A 7 o. 64; and 
5, 1292. p. 134.] 

April 6. 451. Governor Handasyd to the Council of Trade and Plan- 
Janiaica. tations. I here enclose a duplicate of my last, which I hope 
is before this come into your hands, and shall likewise give 
your Lops, an account of what has offer'd since, that is come 
to my knowledge. The Assembly is still sitting, and I 
hope will have finished in less than 14 days, most of the 
Bills being read twice. Things seem to go much smoother with 
me and them, than have done sinoei I h^ave been in the Govern- 
ment, which I think does all proceed from my passing the 
two first Bills ; They have voted to reimburse the Treasury 
2,500, and renew the Quartering Act, the Additionall Duty 
Bill, and severall other private Acts, which I hope to have) 
ready by the first man of war that sails or packett boat, with' 
the Minutes of the Councill and Assembly, which, I dare not 
send by any of these private ships for fear of miscarrying;. 
I writt to your Lops, in mine by the last packett boat, to 
desire the relief of me and my Regiment since wee have been 
here these 8 years, and our constitutions are quite worn out, 
but if it is to the disadvantage of H.M. service, I had rather 
we should all have our graves here, than insist on anything that 
is not for the good of the service, but must further begg of 
your Lops, that if a peace should be made, neither me nor 



AMERICA AND WEST INDIES. 273 

1709. 

my Regiment may suffer by being absent, since it is of so 
old a Corps. Our trading vessells are not yet returned from! 
the coast, trade there being very indifferent. H.M.S. Portland, 
Captain Hutchins Commander, has lately been engaged with 2 
French ships off Porto Bell, one of 50 guns, formerly an 
English man of war called the Coventry, the other a larger ship, 
but had but between 30 and 40 guns, the former of which! he 
took after a dispute with them both of about 8 hours; they 
say she has a considerable quantity of mony aboard, having 
sold her cargo not long before at Porto Bell, being ships from 
Guinea. The Portland took in her 270 men, besides the wounded, 
which he put a shore. The first Captain of the French ship 
was killed, and the second mortally wounded. I had on board 
the Portland 50 soldiers of H.M. Regiment, of which' I am appre- 
hensive I have lost a share in this engagement. There are in 
the whole squadron under Mr. Wager 300 and odd soldiers of 
my Regiment, which makes the duty hard on those that remain 
ashore. The other men of war have taken since the last account 
I gave your Lops, a snow and! 3 sloops, and one of our privateers 
has taken a French privateer, one Spanish trading sloop, and 
retaken an English sloop which they burnt. Both our men of 
war and privateers have lately been very successfull, and done 
considerable damages to the enemy in these parts. The Al- 
mirantte Fleet is still at La Vera Cruz, as is the Vice-Admirall 
of galleons that escaped the last year at Carthagene, and neither 
dare venture to Havanna for fear of our men of war and priva- 
teers, that are very diligent, but they daily expect a French' 
convoy. They are very rich, and if they should escape us 
here, I hope care will be taken to intercept them before they* 
get home. The Island is very healthy and likewise the men of 
war, but are in great want of men. I send your Lops, herewith 
the state of a case signed by the Attorney Generall and the 
other Councill for the Queen, Mr. Totterdale, in relation to a 
judgment that passed our last Grand Court, against the Navall 
Officer, upon his seizing a Spanish brigantine that was brought 
in here by one Scrivener, who had no commission, nor hias! 
had any since he was some time ago complained of for com- 
mitting roguish tricks upon the Spanish coast, such, a judgement 
so opposite to the rules of reason I have never known given 
before, and is an encouragemient to all privateers and other 
vessells to turn pirates. The Jury brought in the damages to 
the captors to amount to about 170 more than the goods were 
sold for, of which 100 odd was for the vessell, tho' she sunk 
in the harbour. And I have since disbursed to the Mavall 
Officer that 170 out of my own pockett, that he may not suffer 
who acted by my order and the advice of the Attorney Genii. 
Therefore desire your Lops, will recommend it to the Lord 
High Admirall, that I may have his directions how I shall act 
in the like cases for the future. I am now to request your 
Lops.' favour in the behalf of a poor man a Serjeant in H.M. 
Regiment under my command, that now lies under the sentence 
of death: His Father came out of Holland with me, and was 

Wt. 11522. CP18 



274 COLONIAL PAPERS. 

1709. 

a Serjeant, in my Company, when King William landed in the 

West of England, his brother and himself carried arms, the 

father and brother were killed in the wars of Ireland against 

the French and Irish, this man has been in this Regiment ever 

since he was a child, and has always behaved himself well in 

every respect: but it was his misfortune that a drunken Fellow, 

coming into company where he was, told him neither he nor 

any of his cloth dare fight one of his country, upon whicih' 

the Serjeant answered that he wore the Queen's cloth, and was 

not to be affronted in that manner ; this fellow then fetch 'd 

a hanger and told the Serjeant he dared not to draw a sword 

against him, and upon that they both;, went out without the 

door, where after some blows given the Serjeant by this fellow, 

the Serjeant gave him a wound of whidh he immediatly died: 

and notwithstanding all that could be said by the Bench, upon 

the triall in the behalf of the Serjeant, the Jury being managed 

by the prosecutors according to their desire, the Serjeant was 

brought in guilty of murther ; but upon the request of the Chief 

Justice and the rest of the Judges, as your Lops, will see 

by the enclosed signed by them, I have given him a reprieve, 

and hope through your Lops.' interest he may have H.M. 

gracious pardon ; I have desired the same favour of the Secretary 

of State, and I hope he will assist your Lops, in the saving 

this poor man's life since his father and brother as well as 

himself have been such faithfull servants to their country. 

I have order 'd Capt. Gardner to wait on your Lops, and receive 

your directions in this matter. Signed, Tho. Handasyd. Endorsed, 

Reed. June 14th, Read July llth, 1709. 5| pp. Enclosed, 

451. i. Address from the Chief Justice and Judges of Jamaica 

to Governor Handasyd, for the reprieve of serjeant 

Thomas Bradshaw (see supra) March 3, 170f. Signed, 

Peter Heywood, Jo. Bonner, William Careless, James 

Archbould, Samuel Vassall, Ed. Pennant. 1 p. 

451 ii. Proceedings in the case against William Norris the 

Naval Officer of Jamaica, upon his seizing a Spanish 

brigantine, taken by Benjamin Scrivener without any 

Commission from H.M. etc. Signed, Ro. Hotchkyn, 

Hugh Totterdell. Endorsed as letter. 2 pp. [O.O. 

137, 8. Nos. 43, 43. i., ii. ; and, (without enclosures] 

138, 12. pp. 409-415.] 

April 6. 452. Earl of Sunderland to the Council of Trade and Plan- 
Whitehail. tations. Encloses Governor Handasyd's recommendation of 
Messrs. Broderick and Oldfield to be of the Council of Jamaica. 
I must add to what the Governor writes in Mr. Broderick's 
behalf, that I have received a very good character both of his 
capacity and zeal for H.M. service, and that he is of a family 
distinguishable by their loyalty and good affection to the Govern- 
ment, and for which have a particular regard, so that I hope 
you will have so much for him as to let him be the first 
you shall recommend as usual for that employment. Signed, 
Sunderland. Endorsed, Reed. 13th, Read 14th April, 1709. 
1 p. Enclosed, 



AMEKICA AND WEST INDIES. 275 

1709. 

452. i. Governor Handasyd to the Earl of Sunderland, Ja- 
maica, Aug. 6, 1708. Concludes: I understand that 
Sir Bartholomew Gracedieu and others are endeavour- 
ing to put in one Peter Beckford, who as well as the 
whole family of them has been constantly a disturbance 
of the tranquility of H.M. subjects ever since I have 
been in the Government ; but what most sticks with me 
is an old gentleman of 60 years of age was murther'd 
by him, who was found dead with his sword in his 
scabbard, and by the interest that was made he was 
brought in not guilty. His brother has likewise killed 
a man, and came off too without damage. This I think 
fit to acquaint your Lordship of, that such hardships 
may not be done, so much to the disadvantage of H.M. 
service. Copy. 1 pp. [(7.0. 137, 8. Nos. 36, 36. i.: 
and 138, 12. pp. 389-391.] 

April 8. 453. The Council of Trade and Plantations to the Queen. 

Whitehall. In reply to Order in Council, March 31, represent that by a 
letter from Governor Handasyd, Oct. 27, 1708, we were 
informed that severall Members of the Councill being Factors 
for the African Company, and thereby disabled from sitting as 
Judges in any of these Courts, there wanted a sufficient number 
of Counsellors duly quallifyed to make a Councill for hearing 
Appeals. We forthwith writ to the Governor to admonish such 
Members to forbear to act any longer as Factors or Agents for 
the said Company, and if they refused to comply therewith, that 
then he should return to us the names of the persons so re- 
fusing in order to our laying that matter before your Majesty 
for your pleasure to which letter we have yet received no 
answer. Therefore in obedience to your Majesty's forementioned 
order in Councill we do most humbly offer that your royal 
pleasure be signifyed to the said Governor to require all such 
Members of the Councill there as are Factors or Agents for the 
said African Company or -for any other person or persons, for 
the sale or disposal of Negroes, that they forthwith quit ori 
resign such Factorage or Agency, and if they shall refuse or 
neglect so to do, that in such case he forthwith remove the 
person or persons for refusing or neglecting from the said 
Councill ; and whereas the number of Counsellors who are Factors 
or Agents for the said Company does not, as wee are informed, 
exceed three persons (nor do we know that any others of the 
Councill are otherwise employed as Factors or Agents to any 
other persons for the sale or disposal of Negroes) we therefore 
further humbly propose that the said Governor be at the same 
time impowered by your Majesty's royall letters mandatory to 
swear into the said Councill, in the room of such person or 
persons who shall be removed, Francis Oldfeild, John Cossly 
and John Carver Esqs., or so many of them as shall compleat 
the full number of 12 Counsellors, they being persons now 
resident within that Island, having good estates there, and as 
wee have been credibly informed, duly qualifyed for that trust. 



276 



COLONIAL PAPEES. 



1709. 



This we humbly apprehend to be agreeable to the true intent 
and meaning of the Act of the 9th and lOfch of his late Majesty 
for settling the trade to Africa, it being thereby enacted that no 
Judge of any Court in any of your Majesties Colonies or Plan- 
tations in America, shall be a Factor or Agent for the said 
African Company, or any other person or persons for the sale 
or disposal of any Negroes. And by this method as any failure 
of Justice in such case will for the future be prevented there, 
so will the present constitution of the Councill, as to the number 
of 12 Counsellors be preserv'd, which regulation or restriction 
of the number of 12 having severall years past been settled 
throughout your Majesties said Colonies and Plantations, we 
are humbly of opinion it will be for your Majesty's servide 
that the same be still punctually observed. And if your Majesty 
shall be graciously pleased to approve what we have herein 
before proposed to the end the said African Company may not 
receive any prejudice from a want of their having Factors or 
Agents there to perform the services of the said Company in 
the room of such of their present Factors or Agents as shall 
so quit, or resign that trust as aforesaid, we do further humbly 
offer that notice may be given hereof to the said Company that 
they may take care to constitute and appoint any other person 
or persons not disqualifyed by the said Act to be their Factors 
or Agents in the room of such persons as shall so quit and resign 
as aforesaid. [(7.0. 138, 12. pp. 384-388.] 



April 9. 454. Instructions for Edward Hyrne, Naval Officer of S. 
Craven Carolina. Signed, Craven, Palatine; Beaufort, M. Ashley, J. 
Colleton, J. Danson. [C.O. 5, 289. pp. 194, 195.] 



House. 



April 9. 

Ci aven 
House. 



455. Lords Proprietors of Carolina to the Deputies and 
Council of South Carolina. , We being very unwilling to let any 
opportunity slip whereby we might signify to you the earnest 
desire we have of your welfare, and the general good and 
prosperity of our Province of Carolina, we now acquaint you 
that we have sent you a Governor and some new commissioned 
officers, etc., and earnestly recommend them to your care and 
friendship etc. We have been informed of your unwillingness 
to admit a Deputy who was nominated for Mr. Blake by his 
mother, his guardian, wch. we do assure you is very irregular, 
and is in some measure openly declaring yourselves against the 
Laws of this H.M. Kingdom, for by the Law here every mothjer 
has a right precedent to all others to have the guardianship of 
her son, and is thereby impowered to do all acts that /can 
anyways tend to his benefit. As therefore Mrs. Blake has 
appointed one of our number here to sign such instruments, 
rules and orders as we at this Board shall think proper for 
the better government of our Province, so she has an undoubted 
and legall right to appoint such Deputy as she shall think con- 
venient to represent the person of her son during his minority 
in your Councils and Assemblies in Carolina. We therefore 
strictly require of you Gentlemen, that you constantly for the 



AMERICA AND WEST INDIES. 277 

1709. 

future admit of such Deputy for Mr. Blake as shall be con- 
stituted by Mrs. Blake his guardian under her hand and seal. 
And whereas the Proprietorship that Col. Trott lays cladm 
to is contested, several persons pretending a right to the same 
upon which account a cause is now depending in H.M. Court 
of Chancery here, least you should fall into any error or mistake 
by not duly and carefully considering the Laws that are now 
in force, and to which all H.M. subjects are obliged to pay 
obedience, we think it necessary to inform you that, whatsoever 
Acts are done by any persons that are parties to the suit 
during the continuance of the said suits, are illegal, void and of 
no effect, and are highly liable to censure here. We therefore 
command you not to receive or countenance any person whatso- 
ever claiming a right to that Proprietorship, nor any Deputy 
for ye same, until you shall receive information from us, that 
all suite and controversies relating thereunto are ceased and in 
a judicial way decided and determined. We earnestly desire your 
endeavours that such Laws and usages of our Province as are 
for the advantage of the Goverment thereof be put in execution, 
and in a particular manner we recommend to you the due 
observation of that Law, wherein it is enacted that no Law 
either already passed, or that shall hereafter be passed, shall' 
be in force for any longer term than two years, unless such 
Law is within that time confirmed under the hands and seals 
of ye Palatine and 4 more of the Lords Proprietors. You are 
also to take care that no Deputies, Comrnrs., or any other person 
whatsoever make or sign any grant or sale of lands exceeding 
the number of 640 acres, withou't a warrant or licence under our 
hands and seals first obtained in that behalf. We think it 
necessary the Surveyors of our said Province should give good 
security to us, or to our Governor and Council for the perform- 
ance of their trust and the due execution of their Office, and 
that they shall follow such directions only in admeasuring, 
surveying and setting out of land, as we shall think fit and 
proper to give to our Governor and Council from time to time, 
or such as we shall appoint by warrant, or any other instrument 
under our hands and seal. We think it highly expedient for 
the good of our Province that in the General Assemblies you 
would seriously consider of the best and most proper methods 
for improving all the products and Inanufactures of our Province 
(particularly that of rice and silk), and as we have always had 
a good opinion of your fidelity and inclination to our service, 
so we hope you will every day improve the same by your con- 
tinual endeavours the good of our Province, and doing us all 
the friendly offices, which may be within your power, etc. 
Signed, Craven, Palatine; Beaufort, M. Ashley, J. Colleton, 
J. Danson. [C.O. 5, 289. pp. 196-198.] 

April 9. 456. Same to the Governor, Deputies and Assembly of South 

Craven Carolina. We having taken into our consideration the present 

House. condition of our Province of Carolina, as well in regard to the 

administration of ye Government and Justice there, as in relation 



278 



COLONIAL PAPERS. 



1709. 



to the commerce thereof, and being fully perswaded that nothing 
can more effectually contribute to ye quiet and welfare of our 
said Province, than the appointing knowing and fitt persons to 
enquire into the state and condition of ye same and administer 
Justice accordingly, have appointed Col. Edwd. Tynte Governor 
and other officers whose commissions are given in this volume. 
We do earnestly require of you Gentlemen that you would con- 
stantly in your General Assemblies inspect into the trade of our 
Province, and prepare laws for our confirmation, whereby all 
profitable and advantageous trade may be more improved and 
extended, and such as are hurtfull and prejudicial may be 
rectifyed or discouraged, and by these means we shall no way 
doubt but our endeavours seconded by your care and prudence, 
will effectually establish the good of our Province and the peace 
and satisfaction of all the inhabitants under our care. We do 
assure you of our friendship and bid you heartily farewell, etc. 
Signed as preceding. [C.O. 5, 289. pp. 199, 200.] 



April 9. 

St. James's. 



April 12. 

Portsmouth 

in New 
England . 



457. H.M. Warrant for Timothy Salter to be of the Council 
in Barbados. Countersigned, Sunderland. [C.O. 5, 210. p. 
145.] 

458. Mr. Plaisted to the Council of Trade and Plantations. 
The present warr with the French and Indians from Port 
Boy all doth very affect these Provinces, and the more for that 
H.M. subjects of New York have constantly held a neutralitie 
with those her enemies, while wee are dayly subject to theire 
barbarous insults, and were it mot for the extraordinary care 
our Governor, Col. Dudley, and his particular regard to H.M. 
service herein, by sending out scouts into the woods, and a 
sufficient force to cover my workmen and repell the enemy, I 
could never make that provision for ye yearly loading of the 
ships which I 'have done this thirteen or forteen years, etc. 
Signed, Ichabod Plaisted. Endorsed, Reed. June 20, Read Dec. 
9, 1709. Addressed. 1 p. [C.O. 5, 865. No. 25.] 



April 12. 

.Whitehall. 



459. The Earl of Sunderland to the Council of Trade and 
Plantations. Encloses following, which should have been laid 
before H.M. at the same time with the rest. Signed, Sunderland. 
Endorsed, Reed. Read April 13, 1709. \ p. Enclosed, 

459. i. Additional Articles of complaint against Governor Parke 
[see March 31 supra] . (23) He did offer to Anthony 
Hodges, Lt. Governor of Montserat, 300 sterling to 
cancell and destroy Letters Patents which had been 
granted of a certain Plantation in that Island to Sir 
Michael Cole, and were in the custody of Hodges, to 
the end that Parke might escheat the said Plantation. 
Hodges refusing, Parke did the day after threaten to 
turn him out of his Government. (24) After the de- 
parture of Mr. Neavin from Antego with the Petition 
to H.M. against him, Sept. 18, 1708, Parke between 
8 and 9 p.m. did with his sword drawn enter the house 



AMERICA AND WEST INDIES. 279 

1709. 

of Edwd. Chester, senr., of St. Johns, attended with 
Capt. Newell with his sword drawn, and 8 Granadiers 
with their musketts cock'd. Parke as he came to the 
door of Chester's house, commanded the Granadiers to 
fire, but as the door opened he forbad them. He 
commanded the Granadiers to secure all the company 
then in Chester's house, and the Provost Marshall to 
carry them all to gaol, and did himself throw down 
and strike one Peter Scheurman, calling him Eascall. 
Four of the company were forthwith carryed to gaol, 
vizt. Capt. Bastian Otto Bayer, Capt. Francis Carlisle, 
Richard Smith, and Peter Scheurman, and in a little 
time after Thomas Gatewood a J.P., came to Chester's 
house, and with Thomas Morris, J.P., did by the di- 
rection of Parke order the Provost Marshall to carry 
other 5 persons of the company to goal, which was 
done, vizt. Major John Tomlinson, Capt. Charles Kalla- 
han, John Swettenham, merchant, Wm. Hamilton, and 
Wm. Dikes. Thomas Morris, Thomas Gatewood, and 
Michael Ayon, the Provost Marshall have signed and 
sealed a writing, dated Sept. 18, 1708, importing a 
conviction as their view of the said 9 persons of a 
riotous Assembly, and that they have caused them to 
be committed to goal untill they should pay the under- 
mentioned sumes opposite to their names, which amount 
to 2900. Morris and Gatewood have signed and sealed 
another paper of the same date, commanding the Provost 
Marshall to apprehend the said 9 persons and to convey 
them to goal, and detaine them till they shall have 
payd the said fines. The said record of conviction and 
warrant of commitment were not fram'd till the day 
after the said pretended riotous Assembly, and the 
4 first mentioned of the said 9 persons were sent to 
goal before Justice Gatewood came to the house of 
Chester. Scheurman is by profession a taylor, and 
not worth one half the sume imposed on him as a fine. 
The said 9 persons during the whole time demeaned 
themselves in a very quiett and peaceable manner, 
without offering the least disturbance or offence to any 
person whatsoever. They were confin'd 13 days in 
a hot loathsome goal, were denyed the common favour of 
confinement in a cooler apartment at their own expence, 
and of being admitted to bayle on any security whatso- 
ever, to the great indangering of their lives. Tho' 
now at liberty by permission or connivance, they are 
in dayly fears of being again imprisoned, and of having 
their estates seized on account of the aforesaid fines 
etc. (25) Parke hath threaten'd to cause whip the 

best man's wife in Antego at the cart's a that 

should trouble herself with him, and hath declared his 
resolution to cause whip publickly even men of sub- 
stance, if they should speak any disrespectfull words 



280 



COLONIAL PAPEBS. 



1709. 



April 13. 

Admiralty 
Office. 



April 14. 

Whitehall. 



April 14. 



April 14. 

Whitehall. 



April 14. 

Craven 
Hcuse. 



April 15. 

Whitehall. 



of his Friend, and by such usage bring them to rebell 
and then seize on their estates. List of fines referred 
to supra. 1^ pp. [C.O. 152, 8. Nos. 13, 13. i. ; and 
153, 10. pp. 344-349.] 

460. Mr. Burchett to Mr. Popple. Asks if there are any 
Heads of Enquiry for Newfoundland. Signed, J. Burchett. 
Endorsed, Reed. Read April 14, 1709. Addressed. 1 p. [C.O. 
194., 4. No. 89; and 195, 5. p. 85.] 

461. Mr. Popple to Mr. Burchett. Reply to preceding. 
While we were in possession of St. Johns, the Council of Trade 
and Plantations thought it necessary that several enquiries re- 
lating to the Trade and Fishery shou'd be yearly given to the 
Commodore of the Convoy, but now their Lordps. not knowing 
in what condition or circumstances our settlements there may 
be in., in regard to the accounts received of St. Johns having 
been surprised by the French, they do not see what proper* 
queries can be framed. However, they think it will be of 
service that the Commodore do transmit to their Lordps. the 
best accounts he can get of the Trade of this year, and of the 
state he shall find and leave the Island in ; which you will please 
to lay before my Lord High Admiral for his Lordp's. directions 
therein. [C.O. 195, 5. pp. 85, 86.] 

462. Copy of Patent of Landgrave Edward Jukes (Carolina). 
Signed, Craven, Palatine ; Craven, for Lord Carteret, M. Ashley, 
M. Ashley for Jos. Blake, J. Colleton, J. Danson. Latin. [C.O. 
5, 289. pp. 202, 203.] 

463. Council of Trade and Plantations to the Earl of Sun- 
derland. Reply to April 5. Recommend that a pass be given 
to the Spanish Governor and ship to Cartagena only, for reasons 
given Journal of Council, April 11, q.v. [C.O. 389, 20. pp. 
363-365.] 

464. Lords Proprietors of Carolina to Governor Tynte. War- 
rant to dispose of the barony with several thousand acres of 
land adjacent to Cowper River to purchasers from Peter Colleton, 
who is inclined to dispose thereof. Signed, Craven, Palatine; 
Beaufort, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 289. 
p. 201.] 

465. The Earl of Sunderland to the Council of Trade and 
Plantations. Encloses following to be added to the other papers 
now under consideration [March 31, April 12.] Signed, Sun- 
derland. Endorsed, Reed. Read April 18, 1708. [sic] 1 p. 
Enclosed, 

465. i. Merchants of Bristol trading to Antigua to the Queen. 
Complain of the tyranny of Governor Parke, support 
articles of March 31, and pray for redress. 39 signa- 
tures. 1 p. [C.O. 152, 8. Nos. 14, 14.i. ; and 153, 
10. pp. 



1 p. [C.O. 
. 349-351.] 



AMERICA AND WEST INDIES. 



281 



1709. 
April 16. 

St. James's. 



April 18. 

'Whitehall. 



April 19. 

Craven 
House. 



April 19. 

Craven 
House. 



April 19. 

Whitehall. 



April 20. 

St. James's. 



April 20. 

Beimuda. 



466. Order of Queen in Council. In pursuance of Repre- 
sentation of March 31, q.v., Messrs. Oldfield, Cossley and Carver 
are to be appointed to the Council of "Jamaica if the 3 members 
referred to refuse to resign their agencies for the African Com- 
pany etc. Set out, A.P.C.,11., No. 1067. Signed, John Povey. 
Endorsed, Reed. 20th, Read 27th June, 1709. 3 pp. [C.O. 137, 
8. No. 42; and 138, 12. pp. 406-409.] 

467. Council of Trade and Plantations to the Queen. Gov- 
ernor Crowe's treatment of Alexander Skene is an encroach- 
ment of H.M. Patent, eto. Set out, A.P.C.,IL, No. 1082. q.v. 
[C.O. 29, 11. pp. 444-447.] 

468. Warrant of the Lords ^Proprietors of Carolina to Thomas 
Broughton, Surveyor General of South Carolina, to admeasure 
out 3000 acres of land for Governor Tynte at a yearly quit -rent 
of 30/s. Signed, Craven, Palatine; Beaufort, M. Ashley, J. 
Colleton, J. Danson. [C.O. 5, 289. p. 206.] 

469. Warrant of the Lords Proprietors of Carolina to Gov- 
ernor Tynte, to cause grants of 2000 acres to be issued to 
Edward Jukes at a quit-rent of 20/-s., he intending to carry over 
with him into our said Province a considerable number of 
Planters, Handicrafts, Artificers, and other persons at his own 
proper cost, etc. Signed as preceding 1 . [C.O. 5, 289. p. 207.] 

470. Council of Trade and Plantations to Mr. Secretary 
Boyle. Melchior Gilles, one of the poor Lutherans (see C.S.P., 
1708) having had leave to stay behind on account of his wife's 
illness, who being now dead, he is desirous to proceed with his 
children on board of a merchant ship now ready to sail for 
New York. Pray for an Order to the Navy Board accordingly. 
[C.O. 5, 1084. 'No. 41 ; and 5, 1121. p. 366.] 

471! The Queen to the Governor of Jamaica. Directions as 
to Councillors in accordance with Representation of March 31. 
q.v. Countersigned, Sunderland. [C.O. 5, 210. pp. 146-148.] 

472. Deposition of Capt. Edward Holmes. Late an inhabi- 
tant of the Bahama Islands and one of the Lords' Deputies there, 
he did about Aug. 27 last arrive with his own sloop in Harbor 
Island under that Government with his wife and some of his 
family, when a vessell under French colours fired a valley of 
small armes upon him, and at the same time another valley 
was fired from the shore, and imediately the captain of the 
said vessell, whose name was Martell (a Frenchman) with a 
canoo and armed men and his Lieutenant in another canoe like 
wise came on board in a violent manner, and took hold of 
deponent's wife and stript her, and the Quarter -Master presented 
a loaded pistoll att her breast, .thereby to force her to discover 
deponent's wealth, and searcht her very haire of her head, and 
threatned to fling her overboard. Then Capt. Martell ordered 



282 COLONIAL PAPERS. 

1709. 

them to bee carried on shore and there tyed deponent's wife 
fast to a tree, and one of his men struck her with a sword, 
deponent, being then bound on shore. Next morning hee \vas 
carryed on board his own vessell and his hands seized to the 
mast, and the quarter -master belonging to 'Capt. Martell with 
his naked cutlass beat him on his back, as was guessed, 500 
blows, untill all thought him dead, the quarter-master still con- 
tinueing to push the deponent in the face with, the point of 
his sword upon every groane hee made. And then deponent 
comeing to himself Capt. Martell's gang lighted eight peeces of 
match about 3 inches long and tyed them betweene his fingers and 
burnt them about half an (hour hy the glass, to force him to confess 
his wealth, and afterwards they tyed him with his back to the 
scuppers and brought lighted matches to tye to his toes, and 
swore they would burne his privy members, and so they cruelly 
extorted deponent's discovery of what he had and took itt from 
him, and so turned him and his wife and child on shore, striped, 
about 8 leagues from their habitation in great necessity, and 
many other cruelties and barbarities Capt. Martell and his 
gang did then and there comitt. Signed, Edwd. Holmes. En- 
dorsed, Eecd. 12th, Bead 15th Sept., 1709. Eecd. with duplicate 
of Col. Bennet's letter of March 1st, 170 f. 1 p. [C.O. 5, 
1264. No. 74.] 

Aprill 21. 473. Council of Trade and Plantations to Governor Han- 
Whitehall, das yd. Since our letter of March 10 (a duplicate whereof is 
here inclosed) we have received yours of Aug. 21 and Feb. 1. 
When the two Laws you mention for quieting possessions and 
for settling fees, together with the Minutes of Councill relating 
thereto, shall arrive, we will take the same into consideration, 
and lay them before H.M. etc. We have received the account 
of prizes taken by H.M. ships of war, and should have been 
glad to have known the respective value of each of the said' 
prizes, for without that the names of the prizes only is of 
little information to us. You will do well therefore to give 
us as good an account as you can of the value of all prizes 
that shall be taken and brought into Jam'aica for the future. 
We are glad to hear that Commodore Wager is again going out 
in quest of some ships coming from Old France to Hispaniola, 
etc. and we are in good hopes he will meet with success.. We 
cannot but commend as well your having given Instructions 
to all the privateers of Jamaica to cruize between La Vera 
Cruz and the Havanna, etc. as Feb. 1, as your readiness and 
care in supplying H.M. ships of war with men. You will see 
by the copy of Mr. Burchet's letter which we sent you Feb. 
24, that care is taken for supplying the ships of war with men 
for the future. We are likewise glad to understand that the 
Jersy man of war has madei a recapture of the Guinea ship etc., 
(Feb. 1). The Lord High Admiral having had the opinion of 
the Judge of the Admiralty here in relation to the briganteen 
which was seized by a vessell without a commission, you will 
undoubtedly receive his Lordship's directions therein. We ob- 






AMERICA AND WEST INDIES. 



283 



1709. 

serve what you write in relation to privateers, but as we writ 
fully to you upon that subject Aug. 23, 1708 (a copy whereof js 
here inclosed) wee refer you thereunto, and have only to add 
that if the Captains of privateers were to have the sole command 
of the ships, it might be one means in our opinion to prevent 
the ill practices too frequently committed by them, whereas, 
as we have been informed, every iseaman on board a privateer 
having a vote, it is not in the Captain's power to prevent 
their committing irregularities when the majority is against 
him. And therefore you will do well in all commissions to 
privateers to insert a clause giving the Captain the sole power 
of the ship, and restraining the seamen from having anything to 
do in the command thereof. You will receive from the Earl of 
Sunderland H.M. pleasure in relation to Counsellors that are 
Factors to the African Company and others concerned in tJhe 
Negroe trade, etc. We shall expect the account of the affairs 
of the Island you promise us by the packet. [(7.0. 138, 12. 
pp. 394-396.] 

April 28. 474. Order of Queen in Council. Referring following to the 
St. James's. Council of Trade and Plantations, for their report. Signed, 
Chris. Musgrave. Endorsed, Eecd. 5th, Read 6th May, 1709. 
| p. Enclosed, 

474. i. Richard Lloyd to the Queen. Your petitioner is seized 
of a Plantation in Jamaica. One of his negroe slaves 
(by name Sherry) was in June, 1708, accused upon 
suspicion of poysoning a Negro child belonging to a 
neighbour's Plantation. Although the proofs against 
him were but light and barely presumptive, yet the 
two Justices and three freeholders who are Judges 
in such cases, ordered him to be transported. Sherry 
is a wheelwright and carpenter, and of very great 
use in petitioner's Plantation. Prays H.M. pardon 
for Sherry. Copy. 1 p. [C.O. 137, 8. Nos. 39, 
39.i. ; and 138, 12. pp. 397-399.] 

April 28. 475. The Earl of Sunderland to Governor Lord Lovelace. 

Whitehall. H.M. designing to fitt out an expedition for the reduction of 
Canada and Newfoundland, according to some proposals made by 
Coll. Vetch, to whom H.M'. has given Instructions at length* 
with orders to communicate them to your Lordp., as also to 
deliver a letter from her Majesty, enjoining you to assist in 
the said expedition after the manner prescribed, etc. I send you 
by another ship the inclosed copy of Col. Vetch's Instructions, to 
which H.M. expects that you should show a ready and punctual 
complyance so farr forth as they relate to you etc. In case you 
should receive the inclosed Instructions before the arrival of 
Col. Vetch, it is H.M. pleasure that immediately upon receipt 
of them you dispatch an expresse to the severall Governours of 
Pensilvania and Connecticut to meet you with all expedition 
at New York, and that you consult with them on the most 
proper and effectuall methods for executing the inclosed In- 



284 COLONIAL PAPERS. 

1709. 

structions. And because it may be necessary to inform you of 
severall particulars, which Coll. Vetch will give you an account, 
of, if he arrive soon enough, H.M. is pleased that I should 
give you a further light into the intended expedition, than what 
you receive from the inclosed Instructions, and which will 
be unnecessary, if Col. Vetch arrive soon enough to transact 
this affair with you; and I must signify to you H.M. pleasure 
that you pay the same obedience to any directions hereaifter 
mentioned as if they were a part of the aforesaid Instructions. 

It is resolved to attack at the same time both Quebeck and 
Montreal, the first by sea and the second over the lake from 
Albany, with a body of 1500 men, who are to be raised and 
armed as you will see in the inclosed Instructions. H.M. is 
now fitting out her Commander in cheif of the said expedition 
with a squadron of ships, and five regiments of the regular 
troops, who are to be at Boston by the middle of May, and 
there to be joined with 1200 of the best men of New England 
and Eoad Island; they are then to sail with all expedition to 
attack Quebeck, being provided with Enginiers, bomb -vessels, 
and all sorts of artillery for such an enterprise. At the same 
time the 1500 men from Albany, under the command of one 
whom you shall appoint, are to make the best of their way 
to Montreal, which place they are to attack, and if possible reduce 
to H.M. obedience. 

You are to concert with the Governors of Pennsylvania and 
Connecticut the most easy and expeditious way of providing 
at Albany by the middle of May, or sooner, 3 months provisions 
for your respective Quotas of men, which provisions you are 
to lodge in a large wooden storehouse, as you will see in the 
aforesaid Instructions, to which I must add that you are imme- 
diately to order one half of the regular Company s with as many 
of the country troops as you shall think sufficient to cover the 
workmen that shall be employed on the said storehouse, and to 
guard the stores that are to be laid in it. In your negotiations 
with the Five Nations and River Indians you are to employ 
such as you think have the most influence on them, and in] 
particular Col. Schyler, unlesse you have any objections against 
him, who as H.M. has been informed, is very well qualify ed 
for her service, and particularly known in these parts, for 
which reason he is likewise thought a very proper person to be 
employed in the expedition, and to be consulted with on the 
best methods o~f corresponding by Indian messengers overland 
with the expedition which; is to go by sea to Quebeck, with 
which methods you are to acquaint H.M. Commander in cheif 
by letters as soon as he arrives at Boston. You are likewise 
to find out some of the most sensible Indians that you can confide 
in, whom you are immediately to send both to Quebeck and 
Montreal to bring the best accounts they can get of the numbers, 
fortifications, stores and provisions that are in the said places, 
for which you are to reward them as they deserve, and transmit 
to the Commander in cheif of the expeditions such informations 
as they or any other persons shall be able to give you of the 



AMERICA AND WEST INDIES. 285 

1709. 

said places. You are also to acquaint the Commander of the 
troops which are to march from Albany, that he is to obey 
all such orders as he shall receive from time to time from H.Mj, 
aforesaid Commander in cheif of the expedition. And in case 
the abovementioned 1500 men cannot make themselves masters 
of Montreal for any want of force or artillery, they shall en- 
deavour to block that up, so as to cutt off all communication 
between that place and Quebeck, and if H.M. troops can make 
themselves masters of Quebeck, the Commander in cheif will 
with all possible expedition send a reinforcement of the troops 
with him to assist in the reduction of Montreal. The pacquet 
in which this goes being directed in absence of Col. Vetch to 
your Lordship, as soon as it comes to your hands, you are to 
forward with all diligence the dispatches for the other Gov- 
ernours. Signed, Sunderland. 6 pp. [C.O. 5, 1091. No. 15.] 

April 28. 476. Same to Governor Dudley. H.M. having resolved to 
putt in execution severall proposals laid before her by Col. 
Vetch for driving the French out of the North Continent of 
America and Newfoundland did some time since dispatch Col. 
Vetch in the ship Dragon, with full Instructions to her Gov- 
ernours in those parts, in all things relating to the said expedition, 
as also with some officers and stores for the assistance of the 
troops to be raised in their respective Governments. But H.M. 
not judging it safe to trust the successe of the whole expedition 
to the uncertainty that may attend a single ship in so long a 
voyage, and considering that the success of the whole enter- 
prise will in a great measure depend upon the readiness of the 
abovementioned troops to perform their part in the intended 
expedition, to the end that her Governours above-mentioned may 
not fail of timely notice to make such preparations as are 
enjoined them in their respective Governments, H.M. has thought 
fitt to dispatch another vessell with enclosed Instructions etc., 
as in preceding, paragraph 2. You are therefore as soon as 
this comes to your hands to send to the Governour of Rhode 
Island' to' meet you at Boston, that you may together concert the 
methods you shall judge most proper for executing H.M. Orders 
for having in readinesse the 1200 men to be furnished out 
of your Government and that of Rhode Island according to 
your usuall proportions, and to be at Boston by the middle 
of May with 3 months provisions and ships to transport them 
with able pilots (of which Capt. Southweck in the country 
galley to be one), and H.M. expects yt. these troops shall be 
ready with all necessarys to embark on two days warning, as 
soon as the forces and fleet from hence shall arrive. It is 
also H.M. pleasure that you cause to be built 10 large flat- 
bottom boats, such as may carry 60 men each, and which, are 
to be ready for the service of the expedition against the middle 
of May, and because it may be of the greatest importance to 
the success of this Expedition, that persons be employed who 
know the Country and places to be attacked by H.M. forces. 
You are therefore to take all possible pains to find out such 



286 



COLONIAL PAPERS. 



1709. 

persons as have been prisoners formerly at Quebeck or Mon- 
treal, and also such of the Indians, to the number of 30 or 
40, who you shall judge best acquainted with the country, and 
who may be made use of by the Commanders of H.M. forces in 
this Expedition, as they shall find occasion for them, and you 
are to inform yourself in as particular a manner as you can 
of the state of St. Johns and Placentia in Newfoundland, in 
reference to their strength, situation, the number of their garri- 
sons and quantity of provisions, and nature of the ground 
about them, that you may be able upon the arrival of the ex- 
pedition to give the Commander in Chief of H.M'. forces such 
advice and information of the state of these places, as may 
be of use to him in the execution of H.M. Orders. Signed, 
Sunderland. 5 pp. [C.O. 5, 898. No. 1.] 

[April 28.] 477. Abstract of H.M. Instructions (above) to the Governors 
of New York and Boston. 4 pp. [C.O. 5, 9. No. 79.] 

April 28. 478. The Earl of Sunderland to the Governor of Rhode 
Whitehall. Island. H.M. designing an expedition for the reducing of Cana- 
da, and having sent the necessary orders about the part you 
are po act to the Governour of New England, I am ordered 
by H.M. to signify to you her pleasure, that as soon as this 
comes to your hands, you repair to Boston, there to concert with 
the aforesaid Govr. of New England, the proper methods for 
performing the service H.M. expects, and requires of you on 
that occasion, not doubting of your ready complyance with this. 
Signed, Sunderland. 1 p. 

Mem. Similar letters to the Governors of Pensilvania and 
Connecticut. [C.O. 5, 10. No. 222.] 



April 28. 
Craven 
House. 



479.. Commission from the Lords Proprietors of Carolina 
to John Lawson to be Surveyor General for North Carolina. 
Signed, Craven, Palatine ; Beaufort, Craven for the Lord Car- 
teret, M. Ashley, J. Colleton, J. Danson, M. Ashley for Jos.j 
Blake, [C.O. 5, 289. p. 210.] 



April 28. 

Ci avert 
Bouse. 

April 28. 

St. James's. 



480. Instructions for John Lawson (supra). Signed as 
preceding. [C.O. 5, 289. pp. 211, 212.] 

481. Order of Queen in Council. Referring Acts of Penn- 
sylvania, 1705, to the Council of Trade and Plantations to ex- 
amine and report upon. Signed, Edward Southwell. Endorsed', 
Reed. Read May 5, 1709. 1 p. [C.O. 5, 1264. No. 67; and 
5, 1292. pp. 135, 136.] 



April 28. 

St. James's. 



482. Order of Queen in Council. Alexander Skene is to 
be restored to his offices and fees etc. Of. April 18, andA.P.C., 

11. No. 1082. Signed, John Poyey. Endorsed, Reed. 15th, 
Read 25th Oct., 1709. 1 p. [C.O. 28, 12. No. 40; and 29, 

12. p. 28.] 



AMERICA AND WEST INDIES. 287 

1709. 

May 1. 483. Governor Handasyd to the Council of Trade and Plan- 
Jamaica. tations. Encloses duplicate of last letter. The Assembly has 
pass'd 12 private and publick Acts, which I am getting ready 
with all speed, and shall send with tihe Minutes of the Council! 
and Assembly by the first man of war or packet boat, not daring) 
to venture them by this ship. I have prorogued the Assembly 
from April 18 to May 30, at which time I design to prorogue 
them to March 1, 1710, believing I shall not get a better. A 
small Spanish sloop came in here about a fortnight ago from 
Porto Prince for exchange of prisoners, and gives an account 
that the ships are not yet sail'd from La Vera Cruz, nor the 
galleon from Carthagene to Havanna. The Island is at present 
pretty healthy. 

P.S. I am informed by the Spaniards that came in the 
Flag of Truce, that there was in the ship lately taken by the 
Portland 400,000 peices of eight registered, besides what was 
not registered. Signed, Tho. Handasyd. Endorsed, Reed. 21st, 
Read 25th July, 1709. ! pp. [C.O. 137, 8. No. 44; and 138, 
12. pp. 419, 420.] 

May 2. 484. W. Nivine to the Council of Trade and Plantations. 
Encloses following. Signed, Will. Nivine. Endorsed, Reed. 
Read May 2, 1709. 1 p. Enclosed, 

484. i. Abstract of Petition and Articles against Governor 
Parke. (See March 31, April 12). Same endorsement. 
3| closely written pp. 
484. ii. Abstract of depositions in support of preceding. Same 

endorsement. 10^ closely written pp. 

484. iii. Abstract of the Minutes of Assembly of Antegoa, 
Nov. 28, 1707 June 14, 1708. Same endorsement. 

.*lPP- 

484. iv. Analysis of evidence in support of No. 1. Same 
endorsement. 2 pp. 

484. v. Remarks [by Mr. Nivine'] upon the preceding, and 
a proposal for the suspension of Governor Parke, etc. 
Endorsed, Reed. May 2, 1709. 2 pp. 

484. vi. Draft of bond proposed to be entered into by 4 
merchants in 500 each, for the indemnification of 
Col. Parke if acquitted. Endorsed as preceding. 2 pp. 

484. vii. Deposition of John Barnes, in support of Article 
I. (March 31). Copy. 1 p. 

484. viii. Depositions of James Atkinson, Mariner, as to pres- 
sure put upon him by the Governor to give evidence 
against Mr. Chester, etc. Copy. 5 pp. 

484. ix. Copy of Col. Parke's Order to Col. Codrington to pro- 
duce his title to Barbouda, etc. March 18, 1707. Signed, 
Daniel Parke. Copy. 1^ pp. 

484. x. Deposition of Elizabeth Hastings, Aug. 10, 1708, 
that she was turned out of her house near St. Johns, 
Antigua, by soldiers, upon orders from the Governor, 
etc. Copy. 2|- pp. 

484. xi. Deposition of Geffrey Duncomb, Antigua, July 30, 



288 COLONIAL PAPERS. 

1709. 

1708, as to a guard of grenadiers placed over some 
brandy imported by Edward Chester, and removed after 
an interview with the Governor. Copy. 1^ pp. 

484. xii. Copy of a decree made by Governor Parke, Antigua, 
June 8, 1708, on the petition of Anne, wife of John 
Vincent, for maintenance. Edwd. Chester to pay her 
annuity according to a bond entered into with her before 
her marriage. Signed, Daniel Parke. 2 pp. 

484. xiii. Copy of a decree made by Governor Parke, Anti- 
gua, June 14, 1708, in the case of Robert Latimer 
v. Samuel Watkins, James Field, and John and Kather- 
ine Greenway. Watkins to pay 43 as an executor 
of Leonard Waller, but only as far as he had assets. 
Nothing decreed against Waller's relict, Katherine 
Greenway. Signed, Daniel Parke. 4 pp. 

484. xiv. Copy of an injunction granted by Governor Parke, 
St. Kitts, May 20, 1708. Giles Watkins of Antegoa is 
not to proceed v. Thomas Morris, until the Court of 
Chancery shall have given their decree in the case 
Morris v. Watkins. Signed, Daniel Parke. 1 p. 

484. xv. Deposition of Eichard Sharpe, Antigua, Aug. 6, 1708. 
The sloop Great Britain, belonging to Edward Chester, 
senr., was condemned by a Court of Admiralty, St. 
Kitts. Governor Parke granted deponent leave to ap- 
peal to England, but deterred Dr. Rowland Garnet and 
Mr. Burreau by threats from providing the necessary 
security. Signed, Richard Sharpe. Copy. 1 p. 

484. xv (a). Copy of Richard Sharpe's appeal (see preceding}. 
1 p. 

484. xvi. Governor Parke's warrant to Samuel Watkins to 
remit the powder duty to vessels owned by the in- 
habitants of Antigua any former act or order to the 
contrary notwithstanding. Signed, Daniel Parke, May 
24, 1707. Copy. 1 p. 

484. xvii. Deposition of Samuel Watkins, Antigua, Aug. 25, 
1708. In June last past, Governor Parke said, "were 
it not for some few friends I have upon your Island, 
I would send your Island to the Devil." Signed, Sa. 
Watkins. Copy. 1 p. 

484. xviii. Deposition of Samuel Philips, Antigua, Aug. 26, 
1708. Confirms Articles 20 and 25, March 31 and 
April 12. q.v. Signed, Samuel Philips. Copy. 1 p. 

484. xix. Deposition of Geffrey Duncomb, Antigua, July 30, 
1708. Confirms Article 25, April 12, q.v. Copy. 1 p. 

484. xx. Deposition of Capt. Joseph Hall, Commander of the 
Virgin Queen, privateer. June 13, 1708 at St. Kitts, 
Governor Parke exacted from himyVthj of a prize, etc. 
Confirms Article 21. Signed, Joseph Hall. Copy. 3 pp. 

484. xxi. Governor Parke to Lt. Governor Hodges, Antigua, 
Feb. 14, 170 J. I understand that you have condemned 
the 54 negroes brought in by Capt. Dunavan ; when I 
sent you that Commission 'twas only to try the sloop 



AMERICA AND WEST INDIES. 289 

1709. 

that was seized, and 'twas never intended to condemn 
any prizes, for no privateer shall condemn any prize 
but where I am. I shall take Dunavan's commission 
from him, since he has served me so. I expect the 
tenths in kind, and not by appraisment. I desire you 
to send them by the Bearer and the negro that run 
away, tho' I promised Capt. Akers, and the rest of 
the English privateers, for their mcouragement, they 
should not pay the tenths, I did not promise it to 
Dunavan. I understand the Danes have a Free Trade 
at Mountserratt, for the future suffer none to stay 
longer than to fill water, which is not above an hour's 
work. Signed, Daniel Parke. Copy. 1 p. 

484 xxii. Deposition of John French, merchant of St. Thomas. 
Montserrat, July 21, 1708. In Feb. last he was in 
Antigua, Commander of a Danish sloop. He twice 
received a message by Mr. Patrick Blacke from Governor 
Parke, assuring him he should not be molested in 
trading within his government, provided he gave him 
100 pistoles in gold. He refused 40 which he offered. 
In Curagoa last May deponent met with Robert Jones of 
St. Kitts, Master of an English sloop belonging to 
H.E., loaden with brown Muscovada sugars, which cargo 
Jones traded for Dutch goods and money for H.E. 
account and brought to St. Kitts, July 10. Signed, 
John French. Copy. 1^ pp. 

484. xxiii.-xxviii. Copies of Depositions of Edward Chester 
senr., William Chapman, Jeremiah Brown, Edward 
Chester, jr., Samuel Walker, and Jacob Thibon, confirm- 
ing Article 24, April 12, q.v. Antigua, Sept. 20, 1708. 
The whole, 18 pp. 

484. xxix. Deposition of Lt. Governor Hodges, confirming 
Article 23, April 12. q.v. Mountserratt, June 26, 1708. 
Signed, Anthony Hodges. Copy. If- pp. 

484. xxx. Deposition of Jonathan Warner, Jan. 3, 1709. Clerk 
of the Council, Montserat, deponent heard some dispute 
in Council, on Dec. 20, 1708, between Governor Parke 
and George Wyke relating to [preceding] deposition. 
Governor Parke said the [LtJ] Governor was a raskal, 
for what he spoke "was in jest and over a glass of 
wine, etc. Signed, Jonan. Warner. Copy. 1 p. 

484. xxxi. Copies of papers, warrants etc. relating to the pro- 
ceedings at Edward Chester's house, Sept. 18, 1708, 
including letter from Sir Samuel Gerrard to Edward 
Perrie, etc. Confirm Article 24, April 12. q.v. 6 pp. 

484. xxxii. Governor Parke's Mandamus to C. J. Samuel 
Watkins to sign an attachment against Henry Fletcher. 
Signed, Daniel Parke. July 30, 1708. Note: The Gov- 
ernor has no power to intermeddle with the orders 
of the Court of Common Pleas, except upon application 
in Council. Copy. 2 pp. 

484. xxxiii. Mr. Nivine's evidence in support of the Articles 

Wt- 11523- C P 19 



290 COLONIAL PAPEBS. 

1709. 

of complaint against Governor Parke. Signed, Will. 
Nivine. Copy. 1 pp. 

484. xxxiv. Col. John Ward to the Council of Trade and 
Plantations. St. Kitts, Aug. 25, 1708. Petitioner en- 
tered into partnership with Governor Parke to farm 
a plantation etc. The Governor has broken through 
all his covenants and so forfeited his bonds, besides 
so treating petitioner as to ruin him speedily, unless 
prevented. Prays that he be compelled to pay him 
the money due to him for th ; e labour of his. negroes 
etc. Signed, John Ward. Copy. lj pp. 

484. xxxv.-xxxvii. State of the case, accounts, agreements, 
etc. between John Ward and Governor Parke. Copies. 
62 pp. 

484. xxxviii. Copy of proceedings of the Court of Admiralty, 
St. Kitts, re the sloop Great Britain, July 12 and 13, 
1708. 9 pp. 

484. xxxix. Copy of proceedings of the Court of Admiralty, 
Antigua, re the sloop Union. July 31, Aug. 3 and 4, 
1708. 15 pp. 

484. XL. Edward Chester to Eobert Chester. Aug. 24, 1708. 
The Governor demanded a present of 2 negroes from 
every ship that came from the Gold Coast. Confirms 
Article 16, March 31. etc. Copy. 6 pp. \_C.O. 152, 
8. Nos. 15, 15. i.-xl. ; and (without enclosures] 
153, 10. pp. 352, 353.] 

May 3. 485. The Earl of Sunderland to the Council of Trade and 
Whitehall. Plantations. The Queen being informed that some hundreds 
of poor German Protestants are lately come and more are coming 
from the Palatinate with intentions to settle in ELM. Plantations 
in America, H.M. being convinced that it would be much more 
for the advantage of Her Kingdoms if a method could be found 
to settle them here in such manner as they might get a com- 
fortable, livelyhood, instead of sending them to the West Indys, 
that it would be a great encouragement to others to follow 
their example, and thlat this addition to the number of her 
subjects would in all probability produce a proportionable in- 
crease of their trade and manufactures ; H.M. has commanded me 
to signify to you Her pleasure that you should take this matter 
into consideration, and that if you can think of any proper 
method of having this done, you should propose the same to 
H.M. as soon as is possible, together with your opinion in what 
part of England it maiy be most feasible. They are for the 
most part husbandmen and labouring people, which renders it 
the easier to dispose of them to the advantage of the publick. 
Sinned, Sunderland. Endorsed, Eecd. 3rd, Bead 4th May, 1709. 
If pp. [C.O. 388, 76. No. 54; and 389, 36. pp. 398, 399.] 

[May 3.] 486. Capt. Moody to the Council of Trade and Plantations. 
Proposals for the better Government and security of New- 
foundland. Signed, J. Moody. Endorsed, Becd. Bead May 3, 
1709. 3 pp. [C.O. 194, 4. No. 90; and 195, 5. pp. 86-90.] 



AMERICA AND WEST INDIES. 291 

1709. 
May 4. 487. Governor Parke to the Council of Trade and Planta- 

Antigua. tions. Capt. Buor, who brings your Lordshipps this, alsoe carrys 
with him the Minutes of the Councill to the meeting of the 
last Councill, etc. I need make eoe remarke for I doe nothing 
without the advice and consent of the Councill, and it is all 
entered in the books. I can't gett the Minutes of the Assembly, 
the bookes are kept by the Speaker, and he is to deliver noe 
ooppys but by order of the house, indeed there is no great 
regard to be had of them, for they are not kept by sworne Clerke, 
they pretend it is their right to put in their owne clerke, and 
he is not to be sworne to enter all yt. passes, for sometimes 
it is not requisite, and they are soe very fickle they have had 
in my time three severall Clercks in one weeke, one thing shall be 
put to the vote and carryed one way, if some of the cunning 
men dont like it, two or three hours afterwards, they will 
continue to gett some of the members out of the house with 
a bowle of punch, or some other way, and put the same question 
and have it carryed quite contrary, and then adjourne the house, 
and soe it must stand. Tell them this is not like the House of 
Commons, when a vote is passed, the same thing cannot be 
brought on that Sessions, they laugh, and thinke themselves in the 
rig'ht, they assume the negative voice, and without it they will 
pass noe law, that is they pretend it is noe Law, untill it be 
first passed their house, the Councill and myselfe, and after 
that be sent downe and the Speaker has signed it. Tell them 
when once a law has passed the House of Commons and Lords 
it is never sent backe, and when the Queen gives her assent 
to it, then it is a Law, they say it is noe matter for that, 
they will have it their owne way. None of the other Islands 

Eretend to any thing like this. They had a Custome that all 
aws were to be signed by ye Generall and Speaker, and when 
the Generall passed any Law, the Assembly were by, and out 
of respect they gave the Generall the penn first, but when the 
Generall was of the Island, the Speaker then signed the Law, 
and sent it for the Generall to signe, and it had gone on soe 
still but the last Assembly after a law had been passed wch. 
was a very good one, for establishing standing guards, after 
I had signed it the Speaker was order'd by the house not to 
signe it, and soe it was noe law, and that we might not Jiave 
it to put in force, they kept it, these Gentlemen not only 
pretend to be part of the Legislative, but the whole Goverment, 
for if any man wants anything, they sollicitt them, and they 
adress me, and if I don't grant it, nothing is then to be done, 
noe mony must be disposed of but by a warrant from the 
Speaker, though it is contrary to my Instructions, it is all one 
if I will not suffer, they will raise none, the reason for all 
this irregularity is this, theyr former Generalls did not under- 
stand the proper methods, and then every time they met, they 
made him a present, and therefore he let them doe what they 
pleased, and because I would not lett them doe soe too and pass 
a law to fine and imprison any one that should affront any 
of their house, and they to be judges, and alsoe power to inflict 



292 COLONIAL PAPERS. 

1709. 

corporall punishment, they would not pay me what they settled 
on me by a law for house-rent, but if I would have humoured 
them in their unreasonable desires, then I should have my house - 
rent ^well payd, and have a hansome present, besides had I 
done this your Lordships had heard of no complaint, notwith- 
standing all Codrington's intriegues. Now they tell the people 
I have taken away all their libertys, though in a messuage to 
them I offer'd them all the priviledges the house of Commons 
pretended to, but they are for the privileges of the Lords, 
and the Queen's prerogative too. It is in your Lordshipps' 
power to bring them now into the same method with the other 
Goverments. Their Clerke should have a sallary settled on him 
and sworne, their proceedings ought to be as near as may be 
like the House of Commons. I shall be governed by your 
Lordshipps, and shall follow ye order I recieve. Your Lord- 
shipps will see in the Minutes of the Councill a letter I writ 
to Coll. Jones about cloathing, and paying his regiment, and 
I there offer him if he will lett me recieve wt. the Queen allows, 
I will doe it, and add to the pay of the subaltern officers. I 
undertooke to doe it myself e because he should have noe pretence to 
evade it, and I had people in every Island would have under- 
taken it, I know noe reason why the poor soldier should not 
have that paid him and layd out upon him the Queen allows., 
they ought to be paid once a month, and every Captaine have 
liberty to take up money to pay his company, and his bills on 
the Agent to be paid, but the Coll. is makeing bargains with 
the merchant who will give him most, and they send over goods, 
and if any accident happens, the men are [wlnpaid and un- 
cloathed, and consequently a great many will die for want of 
neccessarys. Provisions now are cheap, such as they eat, and 
they may live very well on their pay, if the Coll. would duly 
cloath them and see that they be paid their due, if the Queen does 
not think fitt to intrust the Captains, there should be a Com- 
missary apointed to see it done, for unless some care be taken 
in a litle time they will be reduced to a very small number, 
and those not fitt for service, it is now allmost sis months 
since I recieved any letter from your Lordshipps. I expect your 
Lordships' command with a great deale of impatience. Capt. 
Medcalfe is arrived with the Queen's bounty provissions, and 
I have sent the Queen's order and my Lord Sunderland's letter 
to the Lt. Governor of Nevis and St. Christophers. Refers to 
enclosures. I sent some of these by the last fleet, but not hear- 
ing of their arrivall, I send others. I shall have an adress alsoe 
from Nevis, but the sickness being there, I could not call the 
Councill and Assembly when I was at that Island, and the 
Adventure being taken the first of March last has made me a 
prisoner to this Island. The Weymoutk being now here, I 
thinke to get Capt. Legg to carry me to the other Islands. 
Signed, Daniel Parke. Endorsed, Eecd. July 13, Bead Nov. 15, 
1709. Eecd. from Mr. Perry. 4 pp. Enclosed, 

487. i. Affidavits of the officers of the Regiment in the Lee- 
ward Islands, justifying Governor Parke from the com- 



AMERICA AND WEST INDIES. 293 

1709. 

plaints made against him March 31, April 12. Sworn 
in Council, Nov. 12, 1708. Endorsed, Eecd. July J3, 
1709. 3 pp. 

487, ii Address of Freeholders, Merchants and Planters of Anti- 
gua to the Queen. Congratulate successes of H.M. We 
should think ourselves as happy as any other your Majes- 
ty's subjects, if a spirit of division, (which of long time 
has been brewing) had not at this time broke out into 
a flame begun and carried on by the restless malice of 
some few persons against Governor Parke, etc. Praise 
Parke's administration, etc. Signed, Richard Olive, 
Samuel Byam, Wm. Yeamans, Christopher Knight, 
Thos. Rome, J. Huyghue, Will. Grear, 'John Smith, 
Wm. Lyell, Nathaniel Humphry, Tho. Dewitt, Alex. 
Blake, Edward Morgon, Jno. Sawcolt, H. Pember, 
Charles Goss, John Gosse, Richard Oglethorp, Danl. 
Hobart, Robert Porter, John Chamberlain, Henry Beau- 
lieu, John Weatherill, Saml. Picart Lafertey, John 
Vineens, Sam. Wickham, Jno. Wickham, Saml. Proctor, 
Leonard Burroughs, Saml. Hewes, John Barbottain, 
Alexander Caiman, Geo. Salter, Timothy Singin, [? 
St. John] John Parry,* Dennis Machelmore, Cuth. Black, 
Walter Shelley, John Blondon, jr., Thomas Sawcolt, 
John Brady, James Westmore, Michael Ayon, John 
Brett, Robert Weir, F. Pouch, N. Symon, Jno. Poach, 
Jam. Robinson, Saml. Podivinu (?), Alexr. Dunn, Henry 
Norton, Giles Blizard, Giles Blizard jr., Gousse Bonnin, 
Petre Vollard, Abraham Cairson, Caesar Rodeney, John 
Hoskins, Elias Jamain, Richard Sharpe, Walter Kirwan, 
Geo. Napper, John Watlington, Jer. Blizard, John 
Greenway, Jeremiah Blizard, jr., John Elliott, John 
Buxton Clerk, Jean Decosty, John Reynolds, Hazael 
Reynolds, B. Johnson, Thomas Lone, Jer. French, 
Edwd. Taylor, John Wright, James Nisbitt, Richd. 
Buckeridge, Abr. Redwood, John Haddon, Isaac Royall, 
Humphry Osborn, Joseph Buckshorn, C. Stoodly, Fran- 
cis Rogers, Saml. Parry, Tho. Gateward, John Burton, 
Anth. Henteyne. Endorsed, Reed. July 13, 1709. 1 
large p. 

487. iii. Account of Stores of War in Antigua, Feb. 10, 170f. 
Same endorsement. 1 p. 

487. iv. List of inhabitants of Martinique, their stores, ammu- 
nition and cattle etc. Jan. 1, 170f. 1481 men and 
150 soldiers, 20,282 slaves etc. Same endorsement. 
1 p. [C.O. 152, 8. Nos. 35, 35.i.-iv. ; and (without 
enclosures) 153, 10. pp. 386-395.] 

May 4. 488. Governor Parke to Mr. 'Secretary Boyle. I have desired 

Antigua, the favour of Capt. Buor to deliver this to you, with some cytron 

water etc. He is an officer in the Regt. here, soe will be able 

to informe you of the state of these Islands much better then I 

can possibly doe by a letter. I hear they have sent some time 



294 COLONIAL PAPERS. 

1709. 

agoe Articles against me, but what they are I am yett a stranger 
too, as alsoe are the whole Councill, and all the inhabitants 
except 5 or 6, for though they have gott severall to signe 
them, they were not suffered to see them, there are adresses 
from the severall Councills of each Island in my justification. 
I send these Adresses home, that the Queen may see that 3 of 
the 4 Islands not only thinke I have not been guilty of any 
male administration but on the contrary I have acted like a 
very (good Governour, and the whole Councill, part of the Assembly 
and the most considerable inhabitants of this Island are of the 
same opinion, as they declare in their Address. Everybody 
knows very well the Duke of Marleborrough and my Lord Treas- 
urer are my patrons, and it is by their favour that I was 
sent here. If I have been guilty of any male administration, the 
Duke and his Lordshipp ought to see that I bee not only removed 
but punnished, but common Justice requires that I be heard 
before condemned, this is all I desire. What a villanous petition 
did Mrs. Bowden deliver to the Queen against me, which upon 
examination by the Councill of Saint Christophers was found 
to be every article falce in fact, as apears by their report 
sent home with the severall affidavits to justifie their report, 
this was putt in by order of her brother, Coll. Lillingston, to 
be revenged of me for pressing for his comeing over to his 
Eegiment, putting in a petition and rnakeing a complaint costs 
nothing, it is throwing of dyrt, and wfhen it is proved to be 
falce I can have noe remedy against the authors, the Articles 
Col. Codrington's friends have sent home they know themselves 
to be falce, notwithstanding the pretended depositions they have 
sent with them, but they hope to gett me out by bribery without 
being heard, for they make noe scruple to owne in their cupps 
and declare their articles are only to give a pretence to some 
great men. In all my publick transactions I have taken the 
advice of the Councill, and they are to be seen in the Minutes, 
etc., and if I am charged with any ill thing in my private 
capacity, I am very certaine I shall be able to prove it both 
false and malitious. Had I had a Commission to be Brigadeer 
Generall, as the Duke promised me, when I tooke my leave, 
I had not had this uneasyness, but Coddrington finding soe many 
Collonels made Briggadeers over my head, who am by the 
Duke's Commission an older Coll. than any that has been made 
brigadeers for this two years past except Coll. Lillingston, he 
therefore concluded I hiad noe intrest, and consquently flinging of 
dyrt and makeing a claymour and some money well disposed 
of, would gett me removed. Signed, Daniel Parke. 3 pp. 
[C.O. 152, 42. No. 11.] 

May 4. 489. Mr. Popple to Mr. Lowndes. The Council of Trade 
Whitehall, and Plantations having under consideration the most effectual 
method for preventing illegal trade in thle Plantations, and 
more particularly in Virginia, they desire you to move the Lord 
High Treasurer, that they may have as soon as possible the 
opinion of the Commissioners of H.M. Customes upon an Act 



AMERICA AND WEST INDIES. 



295 



1709. 



May 5. 

Treasury 
Chambei's . 



May 5. 

Whitehall. 



May 7. 
St. James's. 



May 7. 

St. James's, 



May 7. 
St. James's. 



past in Virginia in June 1706, entituled, An Act for establishing 
of Ports and Towns in that Colony, transmitted to you in my 
letter of Dec. 4, 1706. [C.O. 5, 1362. p. 383.] 

490. Mr. Lowndes to Mr. Popple. My Lord Treasurer 
directs you to signifye to his Lordp. what accounts at any 
time have been sent to the Lords Commrs. for Trade and 
Plantations concerning the galeon taken by Capt. Waager in 
the West Indies. Signed, Wm. Lowndes. Endorsed, Eecd. 5th, 
Bead 6th May, 1709. Addressed, f p. [O.O. 137, 8. No. 
38; and 138, 12. p. 397.] 

491. The Earl of Sunderland to the Council of Trade and 
Plantations. H.M. being graciously disposed to relieve the neces- 
sitys of the German Protestants [see May 3], you are forthwith 
to make enquiry into their numbers and condition, and report to 
H.M. as soon as may be, what it may be necessary to g|iv,e 
them for their present support, till they be either settled here 
or sent to H.M. Plantations. Siqned, Sunderland. Endorsed, 
Recct. Read May 6, 1709. 1 p. [O.O. 388, 76. A 7 o. 55; and 
389, 36. p. 409.] 

492. Additional Instructions for Brigadier Whetham. If 
the squadron of our Fleet employed in this expedition shall act 
against the enemy's battery's or fortifications, or shall assist 
in reducing any place possess't by the enemy to our obedience, 
the Flagg Officer [Com. in Cheif, in margin] who commands the 
same, is to be considered with regard to^tne plunder in the 
same proportion as you or the Commander in Cheif of our said 
forces, and the Captains, other officers of ships and seamen In 
our fleet, in the same manner as those acting on shore, and 
all other cases of plunder to be ruled, according to former 
custome of land, and sea forces acting together in the West 
Indies. \p. [C.O. 5, 751. No. 77.] 

493. H.M. Warrant for Governor Hunter to be Captain of 
the Independant Company at New York, whereof John Lord 
Lovelace was late captain, etc. Countersigned, Sunderland. 
[C.O. 5, 210. p. 176.] 

494. The Queen to Governor Crowe. Alexander Skeen is 
to be restored to his offices, according to the Representation of 
the Council of Trade, April 15, q.v. Countersigned, Sunderland. 
[C.O. 5, 210. pp. 149-151.] 



[May 9.] 495. John Tribbeko and George Ruperti to the Council 
of Trade and Plantations. According to your Lordships' order, 
we have made a particular enquiry into the condition of the 
poor Protestant Palatines (see encl. ii.). These poor distressed 
people, who most humbly implore H.M. most gracious protection, 
have desired us to represent, (1) That those of 'em who had 
some substance when they left their country, have during their 



6 COLONIAL PAPEES. 

1709. 

journey been obliged to assist the others who had nothing, by 
which means all of 'em (except some few) are now reduced to 
great want. (2) That they finding themselves under great straits, 
and having already some sick among 'em for want of necessary 
sustenance, and many of 'em going allmost naked, they pray 
some speedy relief, lest the vigorous young men might lose 
their health and strength, and so not be serviceable in the 
Plantations. (3) Those who are come over last and landed 
May 5th, having had some brandy taken from them by thie 
Custom House Officers, pray that it may be restored to 'em. 
(4) That your Lordships would be pleased to order that 
they may not be overcrowded in the ships in their voyage 
to the Plantations, they having been in great misery, and had 
severall children died in their passage from Holland for want 
of room. (5) That about 100 more of their countrymen having 
been obliged to stay behind at Eotterdam, they cannot pay their 
transport hither, and leave it to your Lordships' generosity, 
etc. (6) It being likely that these poor people who are destitute 
of a minister, may stay here some time, we are ready to perform 
the divine services with 'em once or twice a week, if your 
Lordships would appoint a place near their dwellings in St. 
Catherine's, where they might meet. Return thanks etc. Signed, 
John Tribbeko, Chaplain of his late E.H. Prince George of 
Denmark. George Andrew Euperti, Minister of the German 
Lutheran Church in the Savoye. Endorsed, Eecd. 9th, Eead 
12th May, 1709. 2 pp. Enclosed, 

495. i. Same to same. A great many of the poor Palatines 
begin to be very sikly, and several are dead here already, 
because (1) they are pakt up in such great numbers, 
we having found very often 20 to 30 men and women 
together with their children in one room ; (2) when they 
fall sick they are destitute of all comfortable assistance, 
and many really want bread. Pray for some speedy 
relief for their great necessity. Signed as preceding. 
1 p. 

495. ii. A list of the poor Germans lately come over from! 
the Palatinate, taken in St. Catherine's, May 6, 1709. 
Names, families, and ages, religions and trades of 852 
refugees, of whom 150 of the 210 men are agricul- 
turists, the rest tradesmen and mechanics. Signed as 
preceding. Endorsed, Eecd. Eead May 12, 1709. 19 
pp. [C.O. 388, 76. Nos. 56, 56.i.,ii.] 

May 9. 496. Governor Crowe to the Council of Trade and Plan- 
Barbados, tations. Encloses duplicates. Acknowledges letters of Nov. 25, 
Dec. 15 and Feb. 24. There is not amongst them the copy of 
the Eepresentation of the three Counselours as H.M. letter ex- 
presseS; and commands me to answer to. I doubt not but 
fully to clear myself from all false aspertions which I find has 
had so great an impression on your Lordships etc. Signed, M. 
Crowe. Endorsed, Eecd. 6th, Eead 8th Aug., 1709. 1 p. [C.O. 
28, 12. No. 34; and 29, 12. p. 1.] 



AMERICA AND WEST INDIES. 



297 



1709. 
May 9. 

St. James's. 



May 9. 
St. James's. 



May 9. 

Whitehall. 



May 10. 



497. Additional Instructions to Brigadier Whetham. Where- 
as by our former Instructions you are at your arrival! at 
Boston in New England to consider at a Councill of war 
whether considering the failure of the Quotas of the respective 
Provinces, or the latenesse of the season, the expedition to 
Canada shall be found practicable, this is further to direct 
and require you, that in case the said expedition is found not 
practicable, you forthwith repair with the forces under your 
command to Newfoundland, in order not only to the recovery 
of St Johns, and what the enemy have lately taken from us and 
our subjects, but to the reducing to our obedience Placentia 
and the rest of Newfoundland, and this in such a manner as shall 
be judged most practicable in a Councill of War. N. This In- 
struction was sealed and thus endorsed 'Additional private In- 
struction not to be opened by Brigadier Whetham, except upon 
his arrival at Boston in New England, if it be at a Councill 
of War found impracticable to go on the expedition on Canada." 
f p. [(7.0. 5, 751. No. 78.] 

498. Additional Instruction for Brigadier Whetham. Where- 
as by your former Instructions you are directed at your arrivall 
at Boston in New England, in case of the failure of the Quota's of 
the Troops of New England and New York etc., to consider whether 
the expedition to Canada will be found practicable, you are 
hereby further directed, in case at that time there shall be any 
doubt, whether the proper season of the year is past, to take that 
matter at the same time under your consideration, and you are 
at the same Councill of War to have the opinions in writing 
of the Lord Lovelace [Col. Hunter in margin], our Governour 
of New England, of Coll. Nicholson and Mr. Vetch, or as many 
of them as shall be present, together with their reasons for 
their said opinions, and this for the better guidance of your 
judgment in the said Councill of warr, and for our information of 
the reasons on which your resolutions shall be founded, f p. 
[C.O. 5, 751. No. 79> ] 

499. W. Popple to Mr. Lownds. I herewith transmit to 
you the extracts of two letters from Brigadier Handasyd of 
June 17 and June 20, 1708, relating to the galleons taken and 
destroy 'd by Capt. Wager (Of May 5) which is all the infor- 
mation their Lordships have received of that affair. And as 
Brigadier Handasyd has given me no account of the value of 
any of the prizes mentioned in his letter, their Lordships have 
writ to him about that neglect, and directed him to transmit 
to them by the first opportunity th'e best account he can of 
the value of the said prizes. This you will please to lay before 
my Lord High Treasurer. [C.O. 138, 12. p. 400.] 

500. Governor of the Hudson's Bay Company to[? the Earl 
of Sunderlancf] . The Hudson's Bay Compa. have sent your 
Ldshipp. the two Bookes promised you, which your Ldshipp. 
would have had sooner, could they have been, gott ready. They 



29 



COLONIAL PAPERS. 



1709, 

have likewise sent you the Compies.' case which they have already 
distributed in London, and designe to send the same over into 
Holland. They return e your Ldshipp. theire harty thankes for 
the many and great favours already received, humbly praying 
the continuance thereof. Signed, Step. Evance, Govr. f p. 
[C.O. 5, 3. #o. 36.] 

May 12. 501. Council of Trade and Plantations to the Earl of Sun- 
Whitehall. derland. Reply to letters of May 3 'and 5. Quote MM. Tribbeko 
and Ruperti [May 9]. These Gentlemen proposing that the 
medium to provide for the 852 persons now here, if carefully 
distributed, may amount to no more than 16 per day, we 
signify the same to your Lordship for H.M. pleasure. [C.O. 
389, 36. pp. 401-403.] 

May 14. 5O2. Messrs. Sharpe, Walker and Beresford to the Council 
Barbadoes. of Trade and Plantations. Our Governour Mr. Crowe's behaviour 
upon the receipt of H.M. gracious orders for restoreing us to 
ye Council and for ye examination of evidences on our complaint 
against him, has oblig'd us to lay before your Lordships this 
Representation, whereby your Lordships will perceive how little 
H.M. sacred commands are regarded, and what violent steps 
he is forced to take, rather then suffer an examination of those 
unjustifiable practices, which he knows we can so evidently 
prove against him. On ye 6th of this month we received 
duplicates of H.M. Orders. On ye 7th H.E. promised to restore 
Mr. Walker and Mr. Beresford, who waited on him, on Tuesday 
following, when the Council was to meet, and yt. he would 
give an order to any magistrate yt. we should name to take 
what depositions we pleased. But on Monday, the meeting of 
ye Council was adjourned to ye Thursday ye 12th; and that 
evening, as the pacquet was goeing under sail, the Assembly 
met and passed an Address, wherein they falsely pretended 
yt. H.M. Order for restoreing us had occasion'd a general 
consternation and great dissatisfaction in ye inhabitants. This 
Address was passed by those persons against whom we were 
forced to complain in our Representation. They themselves seem to 
have been so sensible, yt. that they had given a wrong account 
of ye people's inclinations, yt. they endeavour'd to keep ye 
Address private ; and in order thereunto ye "Speaker took it 
from ye Clerk without leaving him any copy, or so much as 
suffering it to be enter 'd on ye Journals. But as soon as 
it came to be known, by ye information of ye Members that 
voted against it, yt. ye majority had passed such an Address, 
it rais'd ye resentments of everybody to yt. degree, yt. in 48 
hours an Address was presented to H.E. sign'd by 160 Gentle- 
men, who happened to be then in town, whereof nine tenths are 
ye most considerable merchants and traders, and it would also 
have been sign'd by a very great majority of all ye Gentlemen 
on ye Island, if they had had ye least notice of it ; but they 
will still sign duplicates, and if there had been any freedome of 
choice at the last election, very few of these factious men 



AMERICA AND WEST INDIES. 299 

1709. 

would have been now in yt. House. The ten Gentlemen that 
voted for ye Address were Richard Downes, Speaker, Thomas 
Maycock, Thomas Maxwell, Edmund Sutton, Thomas Home, 
Thomas Neal, Samuel Husbands, William Terril, William Grant, 
and James Vaughan, and we most humbly submit it to your 
Lordships, if it be not a matter of very dangerous consequence, 
yt. a few Members of the Assembly should presume to address 
H.M. Governour to disobey Her Eoyal Commands, as well as to 
take upon them to declare the sentiments of ye People ; the 
contrary whereof will appear from a copy of ye Address herewith 
transmitted, etc. On ye 12th we went to Pilgrim, where the 
Council was appointed to meet, to know whether he would restore 
us. Soon after we came in, Col. Christopher Codrington, at 
the request of ye most considerable merchants of ye Island 
presented ye aforesaid Address; upon which H.E. after having 
read it ; broke out into a violent passion, and turning himself 
to us, abus'd us in such scurrilous Billingsgate language as 
would be offensive to your Lordships' ears to hear; such as no 
Gentleman would have given even to a ffootman. After his 
temper was a little cooled, we presented to him a Memorial, 
praying him to give order by ye Honble. Thomas Beckles, Chief 
Judge of H.M. Court of Common Pleas for ye precinct of St. 
James and St. Thomas, to take ye affidavits upon our complaint. 
He ask'd whether your Lordships had transmitted to us a copy 
of ye Bepresentation, and when we told him that your Lordships 
had not, he said that neither had your Lordships sent any to 
him, and yt. therefore untill he had a copy sent him, he would 
give no order. Then we offer'd to give him a copy of it, to 
which he answer'd tihat 'there was no occasion, since he himself 
had ye original; but that he did believe H.M. in her Order 
meant some other Representation then that which we deliver'd 
to him ; for he had already answer'd that very fully. Upon 
which we tender'd H.E. our oaths that we had not since that 
transmitted any other Representation to your Lordships ; but 
he told us yt. would not do. However, after several times 
pressing him, he said he would take time to consider of it. 
When he went in to Council, he order'd ye doors to be shut, 
and would not suffer us to be admitted, notwithstanding that 
ye Serjeant at arms attending the Council acquainted him yt. we 
were without, and had waited several hours, and desired admit- 
tance, haveing matters of moment from H.M. to lay before him; 
and a 2tnd time told him yt. we had H.M. letter unopen'd directed 
to H.E., as indeed we had, which we desired him to receive. His 
answere was, that he would receive no paper from us then ; 
but that if we had anything to say, we must give it him in 
writeing another time. In ye evening ye Minutes of Council were 
sent to us, by which we perceive yt. ye reasons there given, 
why he will not restore us, are, in complyance with the afore- 
said Address of ye ten Assemblymen, and some crimes as yet 
to us unknown, which they pretend to charg us with ; tho' it 
is but too evident yt. the true reasons are his own numerous 
causes now depending, which are like to take up ye business of 



300 



COLONIAL PAPERS. 



1709. 



May 14. 

Barbados . 



May 15. 

Whitehall. 



May 16. 

Montserrat. 



ye Council for some time, and which he is willing to have 
determined before our admittance, besides 2 Addresses, which 
were that day to be passed in Council, one for 500 to himself, 
and ye other for 300 to be sent to Mr. Heysham and Mr. 
Eoyle to carry on a complaint against us; as also an Act 
constituteing them Agents with the allowance of 250 per annum 
salary to each. And we humbly recommend to your lordships' 
consideration, whether an Act obtein'd with such violence, yt. 
was carry'd only by one voice, and when 3 Members of ye 
Council were excluded, ought to be confirm'd. Assert their 
integrity, etc. Signed, Wm. Sharpe, Alexander Walker, Saml. 
Beresford. Endorsed, Reed. Read June 27, 1709. 4 closely 
written pp. Enclosed, 

302. i. Minutes of Council of Barbados, May 12, 1709, re- 
ferred to in preceding. Copy. Endorsed, Reed. June 
27, 1709. 4i pp. 

502. ii. Petition from Messrs. Sharpe, Walker and Beresford 
to Governor Crowe, that he will instruct Mr. Beckles 
to take depositions as supra. Signed, Wm. Sharpe, 
Alexander Walker, Saml. Beresford. Endorsed, Reed. 
June 27, 1709. f p. 

502. iii. Governor Crowe's reply to preceding. He will give 
orders as desired as soon as he receives their Repre- 
sentation referred to in H.M. Order. Barbados, May 
16. Signed, M. Crowe. Endorsed as preceding. 1 p. 
502. iv.,v. Reply of Messrs. Sharpe, Walker and Beresford. 
to preceding, May 18, 1709. Copy, sealed and certi- 
fied by Alex. Skene. Same endorsement. 2| pp. 

502. vi. Petition of Messrs. Sharpe, A. Walker and Beres- 

ford to Governor Crowe for a copy of the Address of 
the Assembly accusing them of crimes to them unknown, 
etc. Copy, sealed and certified by A. Skene. 1 p. 
[C.O. 28, 12. Nos. 25, 25. i.-vi; and (without en- 
closures) 29, 11. pp. 460-468.] 

503. S. Cox and J. Pilgrim to the Council of Trade and 
Plantations. Confirm statements in preceding as to proceedings 
in Council of Barbados, May 12, 1709. Signed, Saml. Cox, 
Jno. Pilgrim. Endorsed, Reed. 9th, Read 15th Aug., 1709. 
2 pp. [C.O. 28, 12. No. 38; and 29, 12. pp. 3-5.] 

504. The Earl of Sunderland to the Council of Trade and 
Plantations. H.M. approving of what you propose [May 12], 
has given orders for a supply to the poor Germans till they 
are otherwise provided for ; and desires you will make what 
dispatch you can to i report your opinion in the several points 
mentioned in my letter of May 15. Signed, Sunderland. En- 
dorsed, Reed. Read May 17, 1709. 1 p. [C.O. 388, 76. No. 
57; and 389, 36. pp. 403, 404.] 

505. Governor Parke to the Council of Trade and Plantations. 
I tooks the opertunity of the Weymouth being in my Govern- 



AMERICA AND WEST INDIES. 



301 



1709. 



May 16. 



May 16. 



May 16. 



May 16. 

Ciaven 
House. 



[May 16?] 



May 17. 

Whitehall. 



May 17. 

Whitehall. 



ment to viset Nevis and the other Islands. .As I was returning 
to Antigua, I met this packet. Acknowledges Order in Council 
re Mrs. Bowden's petition, and thanks for report. I am well 
assured I shall clear my self e of all manner of crimes laid to 
my charge etc. All the best people of my Government will 
Justine me, but 'tis hard contending with a man worth 100,000, 
etc. Refers to enclosures May 4. etc. Signed, Daniel Parke. 
Endorsed, Eecd. Aug. 6, Eead Nov. 15, 1709. 2 pp.[C.O. 152, 
8. #o. 36; and 153, 10. pp. 396, 397.] 

506. E. Jones to the Council of Trade and Plantations. 
Prays that there may be no further proceedings in his case 
till there be a full Board. (See Journal of Council, May 9 and 
16.) Signed, Ed. Jones. Endorsed, Eecd. Eead May 16, 1709. 
2 pp. [C.O. 37, 8. No. 79 ; and 38, 6. pp. 447-450.] 

507. Mr. Eyre to the Council of Trade and Plantations. En- 
closes following. Signed, E. Eyre. Endorsed, Eecd. 16th, Eead 
17th May, 1709. Eecd. from Mr. Jones. Addressed. 1 p. 
Enclosed, 

507. i. Proposed alterations in the draught of a letter to the 

Earl of Sunderland relating 'to Mr. Jones. See Journal 
of Council, May 12, 1709. 4 pp. [C.O. 37, 8. Nos. 
80, 80. i. ; and (without enclosure) 38, 6. . p. 455.] 

508. Alterations in same proposed by Sir Thomas Parker 
and Sir Peter King. Endorsed, Eecd. (from Sir John Bennet) 
16th } Eead May 17th, 1709. 6| pp. [C.O. 37, 8. A 7 o.s. 81, 81.i.] 

509. Commission from the Lords Proprietors of Carolina 
to Fortescue Turberville, for taking probate of wills in South 
Carolina. Signed, Craven, Palatine; Beaufort, Craven for ye 
Lord Carteret ; M. Ashley, J. Colleton, J. Danson, M. Ashley 
for Jos. Blake. [C.O. 5, 289. p. 217.] 

510. Eeceipt for Lady Granville by the Lords Proprietors 
of Carolina for the discharge of liabilities of Lord Granville, 
late Palatine. [C.O. 5, 289. p. 218.] 

511. Council of Trade and Plantations to the Earl of Sun- 
derland. Reply to letter of May 15, etc. Finding great diffi- 
culties in proposing a method to employ the poor Germans in 
such manner as they may be able to support themselves, we 
pray the favour your Lodship would give us an opportunity of 
conferring with your Lordship upon that affair. [C.O. 389, 
36. pp. 404, 405.] 

512. Mr. Secretary Boyle to the Council of Trade and 
Plantations. It is H.M. pleasure that you should make out 
and report to her a true state of the pretensions of the Crown of 
England to any Colonys or places in the West Indies which are 
now in the hands of the French,. And you are likewise to give 
an account of what towns, places or territorys they have taken 



302 COLONIAL PAPERS. 

1709. 

from us in those parts during this present warr, or we from 
them. Signed, H. Boyle. Endorsed, Reed. Read May 18, 1709. 
1 p. [(7.6. 323, 6. No. 76; and 324, 9. pp. 292, 293.] 

May 18. 513. Governor Crowe to the Council of Trade and Planta- 
Barbados, tions. Since the inclosed coppy of my last, there is another 
packet arrived, but I am not honoured with any letters from 
your Lordps. thereby. Refers to Minutes of Council, May 12, 
and the reasons for suspending the admitting of Messrs. Sharpe, 
Walker and Beresford into the Council (see supra May 14), 
in which I have followed tlhe advice of the majority of the 
present Council as well as the Assembly. These three Gentle- 
men are so unacceptable to the majority of the People here, as 
your Lordships will perceive by the Addresses sent home to their 
Agents, that I was afraid it would have occasioned some tumult 
especially when I perceived by their hott Address they were for 
haveing the sword bore no longer in vain, and here are many 
needy Gentn., who haveing spent their estates, would embrace 
the least occasion to hurry us into civill commotions. Another 
reason I had for suspending the swearing of said Gentlemen 
was. the aversion they have for the Members of the present 
Assembly, who have such interest in their country that it's 
impossible by any dissolution to alter, and in admitting the 
three Members, they with Mr. Cox and Mr. Pilgrim would 
have had a majority in Council, so have stopt all publick 
business, and infallibly ruined the Island. Hopes for H.M. 
approbation. Refers to enclosure. So soon as the Representa- 
tion H.M. orders the affidavits are to be taken to comes, it 
shall be punctually obeyed. I cannot but take notice, your 
Lordps. had all these papers under your consideration, but 
does not advise any particular that my answer was short in. 
Your Lordps. cannot forgett what distraction this place was in 
before my arrival, occasioned by the male administration of 
these very Gentln., which was the reasoln I had directions in my 
Instructions to turn them out, which was done accordingly. 
And I am confident their proceedings since have not any wayes 
lessened their former crimes. Indeed their private peek against 
me was only occasioned by obeying that Order. Encloses Act 
for appointing of Agents. On the Assembly's petition to stop 
the packet for their papers, I. gave directions accordingly, which 
is the first time that any of them has been detained a minute here. 
Signed, M. Crowe. Endorsed, Reed. 29 June, Read July 6, 
1709. 2 pp. Enclosed, 

513. i. (a) Speech of Governor Crowe to the Assembly of 
Barbados, March 22, 170 f. 

(b) Reply of Assembly to preceding. The elections 
have been made with more liberty under your Excellency 
than for some years before. Such persons as did 
zealously and violently concurr with Sir B. Granville, 
hi ye oppression of ye honble. George Lillington and 
others are very unfitt to sitt as Justices for tryall 
for their own accomplices, etc. The different senti- 



AMERICA AND WEST INDIES. 303 

1709. 

ments of some former Assemblys were only occasioned 
by forced elections, etc: Copy. Endorsed, Reed. June 
29, 1709. 3i pp. 

513. ii. Minutes of Council of Barbados, May 12. Same en- 
dorsement. 4 pp. 

513. iii. Certificate by 4 Members of the Council of Bar- 
bados that they approve of the Assembly's address 
concerning the suspending of the swearing of Messrs. 
Walker, Sharpe, and Beresford. May 12, 1709. Signed, 
Geo. Lillington, John Milles, John Hallett, John Prere. 
Same endorsement. \ p. 

513. iv. Address of the Assembly of Barbados to the Queen, 
May 17. The people are under a very great con- 
sternation and dissatisfaction on the report of Messrs. 
Sharpe, Walker and Beresford being restored to the 
Council, by bringing fresh into their memories the 
oppressions and miseries they had so greivously suf- 
fer 'd under in Sir B. Granville's governmt. by their 
ill designs, etc. Endorsed, Reed. June 29, 1709. Copy. 
2 large pp. 

513. v. Duplicate of May 14. No. iii. 

513. vi. Address of the Assem'bly of Barbados to Governor 
Crowe, thanking him for not admitting Messrs. Sharpe, 
Walker and Beresford to the Council, etc. May 16, 
1709. Same endorsement. Copy. 2 pp. 

513. vii. Deposition of Isabella, widow of Benjamin Cryer. 
May 9, 1709. On Dec. 14, 1708, Wm. Walker desired 
her to offer Governor Crowe 1000 to stop the pro- 
ceedings at the Grand Sessions against him, which 
H.E. refused. Signed, Isabella Cryer. 1 p. 

513. viii. Deposition of Mrs. Cryer. In Dec., 1708 Alexander 
Walker approached Governor Crowe through her, offer- 
ing to withdraw the charges against him and to pay 
him 800 sterl. down and a very handsome present every 
six months, as they had done Sir B. Granville, if he 
would join there party in the Assembly, etc. H.E. 
refused. Signed, Isabella Cryer. Endorsed, Reed. 
June 9, 1709. 1 pp. 

513. ix. Deposition of Rev. G. Ramsay, May 16, 1709. In 
Jan. 1706, the Rev. Samuel Beresford proposed to 
offer the Governor 100 for the living of Bridge Parish. 
Signed, Gilbert Ramsay. Same endorsement. ^ p. 
[C.O. 28, 12. Nos. 26, 26.i.-ix.; and (duplicate of 
No. 1) 28, 12. No. 22; and (without enclosures) 29, 
11. pp. 469-473.] 



May 19. 514. Commission from the Lords Proprietors of Carolina 
Craven for John Danson to be Receiver General for North Carolina. 
House. Signed, Craven, Palatine; Beaufort, Craven for ye Lord Car- 

teret, M. Ashley, J. Colleton, J. Danson, M. Ashley for Jos,. 

Blake. [C.O. 5, 289. p. 213.] 



304 



COLONIAL PAPEES. 



1709. 

May 19. 515. Instructions for John Danson, (supra). Signed as pre- 
Craven ceding. Signed, Craven, Palatine ; Beaufort, M. Ashley, J. 
Colleton, J. Danson. [(7.0. 5, 289. pp. 214-216.] 

May 19. 516. W. Popple to Mr. Eowland Tryon. Asks for an account 
Whitehall. o f French encroachments in the West Indies, as following. 
[C.O. 324, 9. p. 293.] 

May 19. 517. Mr. Popple to Col. Lodwick. The Council of Trade 
Whitehall, and Plantations having under consideration some matters re- 
lating to the French incroachments upon H.M. Dominions in 
America, desire that you will let them have as soon as possible 
you can, an acct. of such incroachments as the French have 
made in New York. [C.O. 5, 1121. p. 367.] 

May 19. 518 Order of Queen in Council. Referring following to the 
St. James's. Council of Trade and Plantations for their report. Siqned, 
Edward Southwell. Endorsed; Becd. Bead June 1, 1709. f p. 
Enclosed, 

518. i. Address of the Assembly of Barbados to the Queen. 
Allege obstruction of justice and evasion of trial of 
Wm. Walker for prosecuting George Lillington on a 
pretended charge ojf high treason, etc. See A.P.C., 
II. No. 1088. Signed, William Grace, Clk. of As- 
sembly. Copy. 2 pp. [C.O. 28, 12. Nos. 21, 21. i., 
and 29, 11. pp. 454-457.] 

May 19. 519. Mr. Popple to Mr. Campbell. The Council of Trade 
Whitehall. and Plantations having under consideration some matters re- 
lating to the French incroachments upon H.M. Dominions in 
America, desire that you will consult with the rest of the mer- 
chants trading to Newfoundland, and let them have as soon 
as possible you can an acct. of such incroachments as the 
French have made there. [C.O. 195, 5. p. 90.] 

May 19. 520. Mr. Popple to the Governor of the Hudson's Bay 
Whitehall. Company. The Council of Trade and Plantations, having under 
consideration some matters relating to the French incroachments 
upon H.M. Dominions in America, they desire that you will 
let them have as soon as possible you can, an account of such 
incroachments as the French' have made upon the territories 
within the limits of the said Company's Charter. [C.O. 135, 3. 
p. 108.] 

May 19. 521. Order of Queen in Council. Petition of Lord Balti- 

St. James's, more, for relief from the Order of Nov. 7, 1685, granting to 

Wm. Penn half an isthmus of petitioner's land in Maryland, is 

to be heard on June 9. Of. A.P.C., II. No. 1077. Signed), 

John Povey. 1 p. [C.O. 5, 720. No. 5.] 

[May 23.] 522. Petition of the Governor and Company of Adventurers 
of England trading into Hudson's Bay to the Queen. Repeats 
the Company's case against the French as given in previous 



AMERICA AND WEST INDIES. 305 

1709. 

volumes of this Calendar 16991701 and Jan. 19, 1702. Not- 
withstanding the losses and discouragements they have laboured 
under, and during the war, the Company have brought from 
thence between 30 and 40,000 skins per annum, and doubt not, 
if they were reinstated in their right according to their Charter 
to bring the importation to 100,000 skins per annum. The 
Country doth abound with several other commodities, of which 
Petitioners have not been able to begin a trade by reason of 
the interruption from the French 1 , as with whale-oyl, whalebone, 
of which last your subjects purchase from Holland and Germany 
to the value of above 26,000 per annum. If the French come 
once to be entirely possessed of Hudson's Bay, they will un- 
doubtedly set up a whale -fishing in those parts, which will 
greatly tend to the increase of their navigation and to their 
breed of seamen. There is carried thifhsr and consumed there 
nothing but of the product and manufacture of England, Pe- 
titioners encouraging and daily bringing the Indians to wear 
coarse cloth instead of skins, which in process of time will 
considerably advance the woollen trade at home. It must needs 
reflect upon the honour of Britain to relinquish 1 'to the French 
territory of which their violent usurpation in a time of Peacei 
was alledged as a main Article in the first Declaration of War 
against that Kingdom. If the French could pretend to any 
right to the said Territories by the Peace of Byswick, this right 
must needs be determined by their notorious infraction of the 
said Treaty. When your Majesty in your high wisdom shall 
think fit to give Peace to those Enemies whom your victorious 
arms have so reduced and humbled', Petitioners pray that the 
French King be obliged by such Treaty to renounce all right 
or pretentions to the Bay and Streights of Hudson, to quit 
and surrender all Forts and Settlements erected by the French, 
or which are now in their possession, as likewise not to sail 
any ship or vessel within the limit of the Company's Charter, 
and to make restitution of the 108,514. 19. 8. of which they 
robbed and dispoiled your Petitioners in times of perfect amity 
between the two Kingdoms. [See, C.S.P. 1699. No. 150 etc.] 
Annexed, 

522.i. Report of the English Commissioners, 1687, and His 
Majesty's Resolution thereupon. The whole endorsed, 
Reed. Read May 23, 1709. 4 large pp. [C.O. 134, 
2. Nos. 81,31.i.] 

[? May 23.] 523. Governor and Company of Hudson's Bay to the Queen. 
A deduction of the right and title of the Crown and Company 
to the lands within Hudson's Bay and Streights etc. 1497 1689. 
Contrary to the Treaty of Ryswick, the French still keep pos- 
session of the greatest part, etc. Of. C.S.P., 1699. No. 350. 
2| printed pp. No date, signature or endorsement. Of. May 
19. [C.O. 134, 3. Nos. 16, and (duplicates) 17, 18.] 

May 23. 524:. Governor Parke to the Council of Trade and Plan- 
Antigua, tations. Encloses Address to H.M. [see May 4] signed by 

Wt. 11522. C P 20 



306 COLONIAL PAPERS. 

1709. 

above double the number of those that have sign'd the Articles. 
This waj done by my friends when I was at St. Christophers. 
They have twice their estates, and noe arts were used. etc. 
I have alsoe sent an adress signed by the whole Councill and 
Assembly of Montserrat, and I daresay every inhabitant of that 
Island (the Governour and nephew excepted) would signe it if 
desired, etc. Signed, Daniel Parke. Endorsed, Reed. Aug. 6, 
Read Nov. 15, 1709. 1 p. Enclosed, 

524. i. Address from the Council and Assembly of Mont- 

serrat to the Queen. Governor Parke has not been 
guilty of any male administration in this Island, but 
has been indefatigable for the preservation of H.M. 
Islands, having visited this Island much oftner than 
any other Generall ever did in the same compass of 
time, etc. Signed, Edward Buncombe, Speaker, Jno. 
Bramby, John Hartt, William Finch, Antho. Ravell, 
Denis Daly, Joseph Kirwan. Thomas Lee, William 
Frye, John Daly, Geo. Liddell, W. Gerrish. Endorsed. 
Reed. Aug. 6, 1709. 1 p. [O.O. 152, 8. Nos. 37, 
37. i.; and (without encloswe) 153, 10. pp. 398,399.] 

May 23. 525. The Earl of Sunderland to the Council of Trade and 

Whitehall. Plantations. The enclosed Petition having been laid before the 

Queen, I was commanded by H.M. to transmit it to you for your 

opinion, etc. Signed, Sunderland. Endorsed, Reed. 9th, Read 

27th June, 1709.' 1 p. Enclosed, 

525. i. Petition of Thomas Onslow, Edward Broughton, Ben- 

jamin Way and Thomas Bernard on behalf of themselvs 
and many other merchants of Jamaica, to the Queen. 
Your petitioners or those under whom they are intituled 
were merchants adventurers in Jamaica about 1693, 
and did then contract with Sir James De L'Castillo 
and Don Francisco Portio, subjects to the King of 
Spaine and Factors for the Assiento, for introduction 
and importing Negroes to the Spanish West Indies 
by grant from his said Catholick Majestic, for monies 
and Negroes to be delivered at Porto Bello and Car- 
thagena, which were deliver'd accordingly, whereby the 
petitioners had justly due to them according to their 
said contracts 86,014 peices of eight, which money 
or great part thereof was putt on board severall shipps 
at Carthagena by the Factors of the Assiento there for 
the use of the petitioners, but by the contrivance of 
the Spanish Governor and the said Portio was taken 
out of the said ships and deteyned from the petitioners 
to their great detriment and damage. Your petitioners 
being left without remedy in the ordinary course of 
bussiness did apply to Sir W. Beeston then Governor of 
Jamaica, who severall times sent to the Spanish Gov- 
ernors of Panama to demand satisfaction for the peti- 
tioners, but not being able to obtaine any redress from 
them. It on the contrary appearing manifestly that 



AMERICA AND WEST INDIES. 307 

1709. 

they were privy to, connived at and encourag'd the 
defrauding the petitioners in the premises, the peti- 
tioners on Aprill 2, 1696, apply'd by petition to his 
late Majesty in Councill, which was referr'd to the then 
Committee for Trade and Plantations, but by reason 
of severall accidents that then happen'd, and after 
the alteration of the Spanish Government and the en- 
suing warr, the petitioners have hitherto been without 
releife. In regard the said debt was contracted with 
those in publick authority, and that the petitioners are 
ready to make appear that by reason of the artifices, 
delayes and fraudulent proceedings of the Spanish Gov- 
ernors, yorfr petitioners have not been able or can 
obtaine their just debts without your Majesty's gracious 
interposition and favour, by demanding and securing 
in some Treaty or otherwise tihat reparation be made 
your petitioners for their great losses and damages in 
the premisses, the want whereof will not onely be a 
very great loss, damage and discouragement to your 
said petitioners, but if past by with impunity be an 
inducement to such base practices hereafter. Your 
petitioners therefore humbly pray your Majesty to give 
such orders for the obtaining justice and releif to the 
petitioners, as your Majesty in your great wisdom shall 
think meet and proper. 1 p. 

525. ii.-vi. The case, receipts etc. of the Merchant Adven- 
turers in the late Assiento under Don Nicholas Porcio, 
setled in Jamaica. 1693, 1694. 6 pp. [C.O. 137, 8. 
2Vos. 41, 41. i.-vi. ; and (without enclosures) 138, 12. 
pp. 401-405.] 

May 23. 526. United Societies of London for Mines royal etc. to 
the Council of Trade and Plantations. Propose to employ the 
poor Palatine Protestants in the silver and copper mines of 
Merionethshire etc. Endorsed, Eecd. (from Dr. Stringer) Head 
May 23, 1709. 1 p. [C.O. 388, 76. No. 58.] 

May 23. 527. Mr. Taylour to Mr. Popple. My Lord Treasurer de- 
Treasury sires the opinion of the Council of Trade and Plantations, in 
Chambers. w h a t manner the German Protestant Refugees may be most 
properly disposed of. Signed, J. Taylour. Endorsed, Reed. 
Read May 24, 1709. 1 p. Enclosed, 

527. i. Mr. Coleby to the Lord High Treasurer. There are 
1100 more of the German Protestants come over, and 
600 more lye at Rotterdam for passage. They are very 
poor and sickly, and if they are not quickly disposed 
of, will breed a sickness in the City, etc. 1 p. 1(7.0. 
388, 76. Nos. 59, 59. i. ; and 389, 36. pp. 406, 407.] 

May 23. 528. ' Copy of an Act of Maryland for the reliefe of poor 
debtors, etc., with criticisms thereupon. Endorsed, Reed, (from 
Mr. Perry etc.) May 23, 1709. [Of. Oct. 17, 18, 1709.1 6 pp. 
[C.O. 5, 716. No. 63.] 



308 



COLONIAL PAPEES. 



1709. 
May 24. 

Antigua. 



May 24. 

Antigua. 



May 24. 

Antigua. 



529. Governor Parke to the Council of Trade and Plantations. 
Encloses following. Signed, Daniel Parke. Endorsed, Kecd. 
Aug. 6th, Bead Nov. 16, 1709. 1 p. Enclosed, 

529. i. Account of guns and stores of war at Montserrat, 

Dec. 1, 1708. Endorsed, Eecd. Aug. 6, 1709. 1 p. 
529. ii. Account of guns and stores of war at St. Kitts. 

Dec. 6, 1708. Same endorsement. 1 p. 

529. iii. Account of the capture of H.M.S. Adventure, 44 
guns, 194 men, Capt. Eobt. Clarke, by the French man of 
war Valeur 36 guns, 286 men, Monsr. Du Clair, Commr. 
March 1, 1709, between Montserrat and Martinique 
sighted 2 sail. After chasing the Valeur and engaging 
her, the Capt. several officers and many of the crew 
were killed or wounded. The Valeur offering to board 
the Adventure, the crew of the latter refused to fight 
on, saying they had no small arms, and struck the 
colours, etc. Signed, Jno. Wilkinson, Master; Eobt. 
Northoner, gunner, William Harwood, Carpenter. Same 
endorsement. 2j pp. 

529. iv. List of men captured on board H.M.S. Adventure. 

Unwounded, Seamen 64, Marines 6, Soldiers from Anti- 
gua, 6. Wounded, Seamen 67, Marines 9, Soldiers from 
Antigua, 12. Killed, seamen, 21, marines 3, soldiers 5. 
Same endorsement. 1 p. [C.O. 152, 8. ~Nos. 38, 38. i.- 
iv. ; and (urithout enclosures) 153, 10. pp. 400, 401.] 

530. Governor Parke to the Council of Trade and Planta- 
tions. Encloses 3 Acts of Nevis. All temporary Laws shall 
be sent by the first opertunity after passed. I will endeavour 
to the utmost of my power to procure laws for establishing 
of Courts, but hitherto I have had no success. Signed, Daniel 
Parke. Endorsed, Eecd. Aug. 6, Eead 16th Nov., 1709. 1 p. 
[C.O 152, 8. No. 39; and 153, 10. pp. 401, 402.] 

531. Same to Same. Acknowledges ]etters of Nov. 25, Jan. 
19 and July 13. Meeting the packett, I had not time to make 
my answer, but shall doe by this. I thanke your Lordshipps for 
haveing Mr. Tankard put out of the Councill. When ye Minutes 
of Councill arrives which I sent home in the last fleet, which 
sailed the 6th inst., your Lordshipps will see with \vhat inso- 
lence he behaved himselfe on a publicke day, March 8th, and 
doe not doubt but I shall be thought to have acted with great 
moderation in this insult, as well as that of the Eiot, though 
both was design'd to make me committ some rash action or other. 
It is true there was seaven Councellours at St. Christophers 
and att Antigua, when Coll. Phipps and Col. Byam were swor, 
and neither of them were in the list. I must have five to make 
a Councill if 3 of the 7 are and have been for some time 
and are like to continue in such a condition as not to be 
able to come to Councill. What shall I doe in such a case, 
I cannot act anything without a Councill, this was the case of 
both the Islands att that time. Coll. Williams is one of the 



AMERICA AND WEST INDIES. 309 

1709. 

Councill in my instructions, but he never was sworne, and 
Major Lyons ha-s not been able to come almost this 2 year in 
St. Xphers, Capt. Crooke never was above twice at Councill, 
and Capt. Willett sometime for 4 months together is not able 
to come. When I sent the lists, Col. Wm. Byam was not 
upon the Island though he has one of the best estates in it, 
neither was Major Samuel Byam, who has alsoe one of the 
best estates, they are both come since, and the reason I did 
not put in Col. Phipps was I then thought him too young, 
and his father-in-law Col. Crispe was of the Councill, and I 
did not thinke it proper to have father and son sitt together. 
When his father died I swore him in his place, he then being 
almost 3 years older. I protest I follow my instructions, and 
near as it is possible, but all accidents can't be provided against, 
and of two evills I ought to choose the least. I hope your 
Lordshipps will not think I have done amiss. They could not 
make a Councill at Nevis, Coll. Smith being off the Island, soe 
thab at the request of the Lt. Governour and Councill I ordered 
John Norwood the Commissioner of the Customes to be swore. 
I hope your Lordshipps will lett him be confirmed. I am 
glad your Lordshipps have put in soe many out of the lists 
I sent it is a kindness to me, for when I put in one I dis- 
oblige four or five. I hope your Lordshipps will have soe much 
goodness for me as not to put in any that have signed Articles 
until' they have proved them true. I obeyed your Lordshipps' 
commands to the uttmost of my power in what related to the 
negroes, in my letter of Aug. 23 last I asked severall of the 
best men what quantity of negroes would supply these Island [s] 
every year, and they all answer'd me soe that I was not able 
to makb any tollerable judgmt., the merchants named about 
1000, the Planters 2000, some 3000, other more modest said 
1500. There is 3 Patent places, the Secretary, the Navall 
officer, and the Marshall^, they all give secureity and take oaths, 
the Deputy Secretary will not informe me either what his place 
is worth, or what he gives Sir Charles Hedges for it, there is 
noe sallary allowed to any of them, their profitts arise from 
their fees. I desired the Marshall (ever since I had your 
Lordships' first letter about it) to informe himselfe, which' 
h,e has, and he tells me it is worth about 600 per annum. I 
must confess I never thought it worth halfe soe much. The 
Navall Officer is one Col. Williams, who is above 80 years old 1 , 
yt. is worth about 300 per annum. The Marshall tells me he 
has made this year 120 besides some advantage he getts from 
French prissoners, the difference between this mony and 
sterl. is 50 p.c. I want a good Secretary that is a stranger. 
Sir Charles writt me that Mr. Rhodes would come :md be 
Secretary. I wish he had, or any other that was a stranger. 
Indeed all the officers should be strangers, had there been a 
stranger Marshall, Mr. Poggson had been hanged for basely 
murdering Col. Johnson, and some others punished as they 
deserved. This present Marshall has been forced to fight sever- 
all duels, before he was able to doe his duty in quiet. I tooke 



310 COLONIAL PAPERS. 

1709. 

jhim out of the Regiment, being a briske bold young Gent, that 
jcarryed. armes there. I begg your Lordshipps may have his 
Commission confirmed, he very well deserves it. 

When I come to answer their second Article about Chester's 
murdering Sawyer, you will see how hard a matter it is to 
punnish an inhabitant, and how absolutely necessary it is to have 
all Ministeriall officers strangers. I will give your Lordshipps 
a little hint of that murder. Sawyer was a Gentleman's son 
of Virginia, he came here with' a cargoe, he had some dealings 
with Chester and came in ye evening to speake to him. Chester 
takes up a great tankard of punch and flings it att him, and 
hitt him behind the ear, he staggered when he received the 
blow, went home, languished all yt. night, and the next morning 
he walked out complaineing of his head, but not being able to 
walke where he designed, he put into a house and there fell 
downe dead, the Jury brought it in that he died of an appoplexy* 
the reason I apeared in it was this, the Corroner sent a warrant 
to the Constable to summons a Jury of Inquest, they innocently 
tooke the first they mett among which there were severall 
masters and mates of shipps that were strangers, when they 
saw the returne of the jury, they were frightened, and this 
very Nevin and Dr. Macckennen went out of towne to meet the 
Corroner, and desired him to discharge those summoned, and 
to summons a jury of the Gentlemen of the Country, they had 
with them some of th'eir friends for that purpose, sent for out 
of the country, the Foreman was one William Glanvill, who had 
had an inquest sometime before on a white servant-maid he 
had tyed up and unmercifully beat her so that she immediately 
dyed, and there came from her out of her mouth a great 
quantity of bruised blood (as those that were not of the Jury 
said), but the Jury on their oaths said it was liquid lodinum', 
and that she had poysoned herself e. Mr. Sawyer had a great 
contusion behind his ear with' the marke of the edge of the 
tankard, yett he died of fitts. I had at that time noe differende 
at all with] Chester, nor with anybody else, my browbeating 
of evidence, etc., was this: I ordered the body to be brought 
out into the street, and exposed, and made everyone of the jury 
see the contusion, and had the wittnesses seperated and ex- 
amined apart, by which means I discovered a great deale of 
roguery, and that a poor woman had been offered 50 (which 
she refused) to swear that the negroes in taking up the body 
had lett it fall on that side, which was the cause of the contusion. 
Daniel Mackennen, that worthy Member of the Assembly, and 
article subscriber, with another surgeon gave it as their opinion 
that he died of fitts, I asked them what they thought of the 
contusion, they gave me for answer only a politick shrugg; 
this was my first act of tyranny and breaking in upon their 
constitutions, and indeavons to ruin the Country. I had not 
concern'd myself e, if I had not been told that the first Jury was 
discharged, and yt. William Granvill was sent for and made 
foreman, he being considerably in Chester's debt at yt. time. 
I would have sent your Lordshipps a duplicate of the Minutes 



AMERICA AND WEST INDIES. 311 

1709. 

I sent by Capt. Buor, but the Secretary was not pleased to 
gett them ready, he has promised them against the next packett, 
but perhapps he will serve me as he used to doe, thje last are 
soe ill writt, I wish they may be read, he getts those to write 
that will doe it cheapest. I shall send the Order of the Councill 
to Nevis about the two Laws repealed, and your Lordshiipps' 
observations about that I sent home. I h'ave your Lordshipp' 
orders for not passing laws of an extraordinary nature, which! 
I shall religiously observe, had I not been soe nice and would 
apass'd their bill here for Privileges, I th'en should not only, 
have been payd my sallary, there being due to me 2000, but 
I should have had a gratuity besides, as apears by a message 
sent me from the Assembly, and the next morneing one of their 
Members came privately to me and assured me that gratuity 
should be a good thousand pound. I leave your Lordshipps 
to judge if my refuseall of this Law, and 3000 is not a great 
argument of my avaritious temper as they charge me with in their 
article about the Chancery, though! I gett nothing by holding a 
Court of Chancery but fatiegue, haveing noe fee, but I suppose 
they would insinuate bribeery, and then all ye Councill must be 
bribed, for they all sitt with me. I thinke I have answered 
every part of your Lordshipps' commands. The Councill and 
Assembly haveing formerly addressed me to make the Lieutenant 
Governour Chief Justice, I then refused it as not being willing 
to displace him I found possessed of it, though' he was very 
unfittly quallified, being noe lawyer, and haveing murdered a 
man that had noe weapon, but he haveing layd downe, and tho 
Councill once more addressing mle to put in the Lieut. Gov- 
ernour, I did it, I hope it will not be thought I havte acted 
amiss since there is noe other in the Island fitt for it but 
himselfe, being a good lawyer and has the reputation of a very 
honest man. It is very rare any writt of error are brought 
before ye Councill, there has not been any in my time, and 
if ever there should come any, there will be Councellours enough, 1 
besides to try it, in Barbados, and other Goverments there 
are choice of men to be had, but it is not soe here, for except 
it be ye Lieut. Governour, there is not a man in the Island 
understands anything of the Law. Signed, Daniel Parke. En- 
dorsed, Eecd. Aug. 8, Read Nov. 16, 1709. 5 pp. [C.O. 152, 8. 
No. 40; and 153, 10. pp. 403-412.] 

May 24. 532. Same to Same. I had not the honour to receive any 
Antigua, command from your Lordshipps by this packett, but by the 
dilligence of my Agent Mr. Micajah Perry, I had a coppy of 
the articles sent. Indeed it is noe wonder to us all now they 
were soe very carefull to swear people to secrecy, before they 
would lett them be seen, they talked of noe less then fourscore 
at first, and as I am informed soe many wer sent up with 
their Ambassadour to Coll. Codrington and he reduced them, 
and licked them into ye forme they now apear in. I must 
confess were they true, or but any one of them, I very well 
deserve to be hanged, but they are all falce, notwithstanding 



312 COLONIAL PAPEBS. 

1709. 

the affidavits they have gott to support them. I hope to re- 
cieve from your Lordshipps by ye next packett directions how 
and before whome I shall answer them though almost all of 
them are already answered in the Minutes of Councill. Your 
Lordshipps will find that some of the Articles will be much to 
my honour, even that of the Chancery, which they say all good 
people look upon with horror. Your Lordshipps will find it 
is only Mr. Nevin and Samuel Watkins, and all bad people 
thinke of it with horror, as they have reason, could Mr. Baron 
or 20 more I could name bring there causes before me, their 
adversarys would look upon the Chancery with horror. I am 
soe cautious that I never sitt in Chancery, but all the Council) 
sitts with me as if they were sitting in Councill, and I uske 
their opinions in the same manner, it is very true I have often 
publickly told Nevin I would have noe manner of regard to 
what he should avver to be Law for two reasons, first because 
he is no Lawyer, and the next is I have noe opinion of his 
integrity, but whenever we had any cause that admitted of a 
dispute, we have s'tated the case home, with orders to the partys 
to bring us the opinion of two able Chancery men, and I shall 
governe myselfe accordingly. I shall send your Lordshipps the 
proceedings of ye Chancery in answer to this Article, by which 
you may see if there be the least reason for such 1 a villanous 
reflection; what villany is couch'd under the first article, and 
all that for noe other purpose but to take of those two great 
persons from doeing m'e any more good, but I hope I have 
the honour to be soe well knowne to them that it will make 
noe impression on either of them to my disadvantage, they 
had as I am informed a worse article of this kind, and to 
support it gott one Kate Sullivan's affidavit, she was formerly 
Codrington's wench and she layd two bastards to him, but 
she giveing him the pox, ihe turned her off, but haveing occasion 
for affadavitts, she was sent for to lend an oath, but it soe 
happned that some time after she fell sicke and thinkeing she 
should die, she confessed she had perjured herself e, for which 
she had 16 given her, and that Perrie, Tankard, etc. had sub- 
scribed a paper to give her 100 more if the Genii, was turned 
out, that article I find is left out, it relateing to a great Lady, 
but soe very scandallous, I dare not mention it, though Cod- 
rinton has been heard to report it in Barbados, little dreaming 
his Irish wench had soe squeamish/ a conscience. I find myselfe 
well rewarded in the 9th article for all the fatiegue and charge 
I underwent about those lines at St. Johns, which your Lord- 
ships will find in the Minutes of ye Councill now before you 
were done by virtue of a Law made by myselfe, Councill and 
Assembly, had I a mind to have delivered them up to the 
French, would it not a been as easy for me to a carry'd them 
to Monk's Hill, and done it there as at St. Johns. I have never 
done anything but with the advice of my Councill, I have 
sometimes acted by theire advice though contrary to my owne 
opinion, but never acted in any one thing without them as the 
Minutes will make apear. The two bribes I am charged with' 



AMERICA AND WEST INDIES. 313 

1709. 

to have recieved from Mr. Chester, the 150 for some brandy, 
his account will make that apear to be falce. I never had one 
farthing of him in my life in ready-money, I payd him 800 
sterl. for 20 negroes, there was a mistake in that account, and 
I can prove I told him of the mistake many months before ye 
brandy, and the next time I settl'd another account with him, 
which was above 6 months after the brandy, hee allowed me 
this mistake, and that it may apear how carefull I was to have 
the brandy seized haveing put centrys at almost all the ware- 
houses in towne, but when my friends told me the whole Island 
would be strangely alarmed at it, I order'd the centrys to be 
taken of, but before I did it, I sent for the Collector .and 
Navall Officer, and ordered them with their officers to goe and 
search for prohibited goods, for that I had an account that a 
great quantity of brandy had been landed the night before, they 
told me they could not break open doors without a warrant, I 
sent imediately for ye Deputy Secretary, and order'd him to 
write two warrants, which I signed, but not haveing officers 
enough, whilst they were searching one place they removed it 
to another; as I am inform'd there was to the vallue of 1500, 
if I had seized it, I should have got 1000, what reason had 
I to quitt 1000 for 150, to an enemy. This shall upear 
by the affidavits of the Collector, Navall Officer and Depty. 
Secretary, (who is one of my enemys) and by Chester's owne 
account, and for the team barrils of flower I am charged with, 
Mr. Roach was by, he will clear me of that suffitiently; Chester 
himselfe for severall months has been ashamed of it, and curses 
those that put him upon it, he was enraged at looseing his 
Dutch cargoe, and they made him quite madd by telling him 
twenty storys wch. he has si