America and West Indies: October 1706, 21-31

Calendar of State Papers Colonial, America and West Indies: Volume 23, 1706-1708. Originally published by His Majesty's Stationery Office, London, 1916.

This free content was digitised by double rekeying. Public Domain.

Citation:

'America and West Indies: October 1706, 21-31', in Calendar of State Papers Colonial, America and West Indies: Volume 23, 1706-1708, ed. Cecil Headlam( London, 1916), British History Online https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol23/pp276-286 [accessed 29 November 2024].

'America and West Indies: October 1706, 21-31', in Calendar of State Papers Colonial, America and West Indies: Volume 23, 1706-1708. Edited by Cecil Headlam( London, 1916), British History Online, accessed November 29, 2024, https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol23/pp276-286.

"America and West Indies: October 1706, 21-31". Calendar of State Papers Colonial, America and West Indies: Volume 23, 1706-1708. Ed. Cecil Headlam(London, 1916), , British History Online. Web. 29 November 2024. https://prod.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol23/pp276-286.

October 1706, 21-31

Oct. 21.
Kensington.
545. Order of Queen in Council. Repealing Act of Barbados to supply the want of cash etc. [see Oct. 17]. Signed, John Povey. Endorsed, Recd. Read Oct. 22, 1706. 1½ pp. [C.O. 28, 9. No. 57; and 29, 10. pp. 153, 154; and 319, 1. pp. 69, 70.]
Oct. 21.
Kensington.
546. Order of Queen in Council. H.M. having signified her disallowance of preceding Act, and taking notice of the ill consequences that might happen by passing of Acts of like unusuall and extraordinary nature and importance in H.M. Plantations, which will remain of force there untill H.M. pleasure be signified to the contrary, H.M., with the advice of her Privy Councill, is pleased to order that Circular Letters be prepared [by the Council of Trade] for H.M. royall signature, to be sent to H.M. Governours in the Plantations, directing them not to pass, in the respective Assemblys there, any Acts of like unusuall and extraordinary nature and importance, without having received first H.M. pleasure thereupon. Signed, John Povey. Endorsed, Recd. Read Oct. 22, 1706. 1¼ pp. [C.O. 28, 9. No. 58; and 29, 10. pp. 155, 156.]
Oct. 21.
Kensington.
547. Order of Queen in Council. Approving draught of Governor Crowe's Commission [Oct. 1st]. Signed, John Povey. Endorsed, Recd. Read Oct. 24, 1706. 1¾ pp. [C.O. 28, 9. No. 59; and 29, 10. p. 157.]
Oct. 21.
Whitehall.
548. W. Popple to John Taylour. The Council of Trade and Plantations desire you to lay before my Lord High Treasurer their reply to your letter of Oct. 2. Most of the 363l. 2s. 8d. which Capt. Moody alledges to be owing to him, is charged for bread, and they find by the certificates produced by him that upon a survey taken by order of the then Commodore of the provisions brought to Newfoundland by the Anne gally, 4/5 of that bread were found to be damnified, that a parcel brought there for the use of the garrison was destroyed by the French before it could be removed into the Fort, and that about the time when the Fort was besieged he did supply many of the distressed people with bread and necessaries. So that their Lordships are of opinion that he was under a necessity of buying bread for the garrison, which, as appears to them by the above mentioned certificates, he accordingly did, to the truth of which he declares himself ready to make oath. As to the article of pay, Capt. Moody do's assure them, and is further ready to make oath, that he has not received any pay since Christmas, 1704, for want of which, and the disbursements made by him for the garrison and otherwise in H.M. service, he has been, as he alledges, three times arrested, and is in danger of being again thrown into goal. Propose that, in the future, a Commander in Chief, upon his being necessitated on any extraord'nary occasion to make disbursements for provisions, be obliged to produce to the Commodore upon his arrival at Newfoundland, his accounts of such disbursements, which may be vouched by certificates, and by the oath of the Commander himself; those certificates to be transmitted to England, to be examin'd by the Comptrolers of the Accounts of the Army, in order to my Lord High Treasurer's determination. And whereas the provisions sent yearly to Newfoundland (or part of them) may be endamaged in the passage, as has frequently happened; propose that in such case, before the provisions be delivered to the Commander of the garrison, they be carefully surveyed by the Commodore, and the Captains of H.M. ships in harbour, and that such part of those provisions as shall appear to be so damaged and unfit for the use of the garrison be made good and replaced by provisions from on board H.M. ships there in such quantity as may be spared, whereof certificates may be returned into the Victuallers of the Navy, by whom such victuals for the soldiers at Newfoundland are annually provided. [C.O. 195, 4. pp. 293–296.]
Oct. 21.
Portsmouth in New England.
549. Mr. Plaisted to the Council of Trade and Plantations. The service has gone on successfully this year as in any other time, the warr notwithstanding, which is to be attributed to the care of Governor Dudley, who by his intelligence of the enemy, and exact knowledge of the country has alwayes mett and defeated their incursions; and particularly at Nechowonuck, where the masting is, has kept good guards (often 100 men) to cover my labourers and teams. His care and success is acknowledged by all H.M. good subjects here, and I have no doubt to continue the supply for H.M. service while he is here in comand. Signed, Ichabod Plaisted. Endorsed, Recd. Nov. 25, 1706. Read Feb. 28, 1706/7 1 p. [C.O. 5, 864. No. 161; and 5, 912. p. 317.]
Oct. 21.
Pisoataqua.
550. Governor Dudley to Mr. Sec. Hedges. Since my letter [? Oct. 8], I am here to dispatch the mast fleet, and in obedience to H.M. commands have shipt in this fleet 10,000 barrells of tar and turpentine. I hope it will be good. I humbly pray your honour will favourably represent my dilligence therein. Signed, J. Dudley. Endorsed, Recd. (from Sir C. Hedges) Dec. 3, 1706. Read Feb. 21, 1706/7. Holograph. ½ p. [C.O. 5, 864. No. 87.]
Oct. 21.
Piscataqua.
551. Same to Mr. Popple. The year's papers of both Provinces are in the Dover, etc. Repeats preceding. I shall not fayle to encourage the other article of hemp. Signed, J. Dudley. Endorsed, Recd. Read Feb. 25, 1706/7. Holograph. ¾ p. Enclosed,
551. i. Minutes of the General Assembly of the Massachusetts Bay. Boston, Aug. 7, 1706. The following were fined for illegal trading with the French:—Samuel Vetch, 200l., John Borland, 1,100l., Roger Lawson, 300l., Wm. Rouse, 1,200l., John Phillips, jr., 100l., Ebenezer Coffin, 50l. Same endorsement. Copy. 1 p. [C.O. 5, 864. Nos. 91, 91.i.; and (without enclosure) 5, 912. pp. 253, 254.]
Oct. 24.
Piscataqua.
552. Mr. Bridger to the Council of Trade and Plantations. Since my last I have procured the inclosed list, wch. I got with dificultie from the Costom-house, but there is 2 shipps wch. cannott get ready to sayle wth. this fleet, wch. occasions my last calculations being over reckoned. I pray your Lordshipps' order to the severall Costom-house officers on the Continent to send to me a quarterly acct. of what quantity of each speice of naval stores there is exported from theire respective ports, wch. will enable me to give a true account of the progress of this undertaking etc. I have made a farther enquirey into the state of the woods, wch. is so very bad that I am obliged to make a survey so far as the dificulties that attend such service will admitt of, and are (1) The Indians, who have been seen twice this weeck, which obliges to be at the charge of a guard to attend me on this worke, wch. is to great for me to bare, and humbly pray your Lordshipps' representation to the Lord High Treasurer for an allowance to defray all such charges and all other incidentall charges, and that it is of absolute necessity to appointe at least 2 Deputies in this River, here being noe less than 70 odd saw mills in it, and to fix a sallery to be pay'd me quarterly for the Deputies, not exceeding 50l. per annum each. I have so far presumed as to appointe 2 persons to the service, requiring them so very much that I thought I should commit a very great crime if i did not in some measure put a stop to that pernitious and distructive practice wch. the people had so long lived in without contradiction. (2) The season of the year will prevent any large survey. Signed, J. Bridger. Endorsed, Recd. 25th, Read 27th Nov., 1706. Addressed. Holograph. 1½ pp. Enclosed,
552. i. List of ships homeward bound with Naval Stores. Boston, Oct. 21, 1706. 18 ships [see Oct. 18]. 1 p. [C.O. 5, 864. Nos. 76, 76.i.; and 5, 912. pp. 203–205.]
Oct. 24.
New Hampshire.
553. P. Dudley to Wm. Popple. Encloses following, etc. Signed, Paul Dudley. Endorsed, Recd. Nov. 25, 1706. Read Feb. 28, 1706/7. Addressed. 1 p. Enclosed,
553. i. Mr. Byfield to Governor Dudley. Bristol, Oct. 3, 1706. The last money I received as Judge of the Admiralty was that for condemning Halsey's prize. I never demanded 1s. of Mr. Colman, only told him 5 p.c. was ye Court's dues, and he with Col. Page pleaded with me not to insist upon that but to take up with 150l., which I did some months after the condemnation; all care was taken with the ship and cargoe till condemnation, and the Lord High Admiral nor ye men mett with no damage by the necessary delaye for advice. I well knew I acted against my own interest in disallowing Governor Cranston's commission, wherein I mett with great trouble and opposition, and made many enemies here etc. etc. Signed, Nathal. Byfield. 1¾ pp. [C.O. 5, 864. Nos. 152, 153.]
Oct. 25.
Jamaica.
554. Governor Handasyd to the Council of Trade and Plantations. I am to own the receipt of two duplicates from your Lordships by this packett. I have by this pacquet recieved a letter from Sir C. Hedges of Aug. 1, etc. I shall let no oppertunity slip of giving the Spaniards here the best advices I can to encourage and induce them to embrace this opportunity of recovering their liberty's out of the power of the French: and I find the Spaniards in generall, except such as are French pensioners, so zealous for the interest of the House of Austria, that I cannot but believe that the Spanish forces now coming will be received without any opposition, especially if they send divines of the Church of Rome that are native Spaniards, it will have greater effect on the Spaniards here than sending 20,000 men. About six months ago, when the French came into these parts and ruined the poor Colonies to Windward, I was not wanting to give notice to the Governors of Carthagene, Port Bell, Havanna etc., that the French had no other designe by coming down here, as I had advice by French letters intercepted, than to inforce the Spanish garrisons with their troops, which had such good effect, that since then they have not permitted any French man of warr or merchant ship to come within their ports. And at the Havanna about three months ago, when the French men-of-war would force themselves into their Harbour, and attempted to come ashore, under pretence of wanting provisions, the Spanish Guard fell on them, and killed 90 odd of the French, severall Spaniards were killed, and amongst them the Captain of the Town Guard, which I am of opinion has bred so much ill blood, that it will turn considerably to the advantage of King Charles. This project, I hope, H.M. will not take amiss, since it was done with a designe to serve H.M. and her allies. As to the Flag of Truce I gave your Lordships an account of, after she had delivered all the expresses to the Spanish Governors, and was coming back, she was intercepted by a French privateer and carried to Petit Guavas, but I hope my advices have put the Spaniards on their guard, and will move them to declare for King Charles. Sir C. Hedges having intimated to me that if I persist to be releived at the expiration of the six years, as I requested, I should now let him know; that H.M. may have time to think of a proper person to succeed me, and taking no notice of the releif of my Regiment, I have returned him for answer that I am very well satisfied to continue, if H.M. thinks fitt, till such time she is pleased to releive my Regiment with me, they having unanimously followed me out of their native country, therefore should be unwilling to leave them here in a country where they have not been so well used as might have been expected, and I hope if a peace should be concluded that neither myself nor Regiment may be forgott in the establishment. Our Assembly is now sitting. They desired an adjournment for a month, which I granted them, and since that the Speaker, Mr. Totterdale, designing to go off the Island for his recovery from the Belly-Ach, a new Speaker has been chosen, and I have by the advice of some ffriends in the House prorogued them for a week to put a stop to some proceedings which were contrary to H.M. Instructions to me, in re-enacting a second time a Law past by the last Assembly, for making all lands forfeited to the Queen, for which no Quitt-rents were paid in such a time, in hopes they will lay aside that business and begin again on something more materiall. The Minutes of the Councill and Assembly of what has been done since my last I now enclose. We have had a violent bleeding ffeavour, which has carried off severall soldiers as well as inhabitants, so that I shall want near 300 men to compleat my Regiment according to the Establishment, for which reason I have sent my son and another officer by the ffleet under the command of Admirall Whetstone, who sailed from hence Oct. 8, with 40 odd sail, to know what methods H.M. and the General Officers will think convenient for recruiting my Regiment, for fear any attempt should be made by the Enemy the next summer. The squadron under Commador Kerr is at present very sickly, and severall dye daily; there are at least 400 sailors sick, and most of the officers. I have perswaded the Commadore to victuall his men twice a week with fresh provisions, which will be a great refreshment to them, and I doubt not but will recover a great many of them. Our trade is very dull on the Spanish coast, there being a great many Dutch traders, and we wanting very much our English woolen manufactory. I understand by Sir C. Hedges that H.M. has been pleased to approve of my management in the time of the alarum by the French, and my re-establishing the civill and military officers, who are Forreigners in their former posts, that by the last Act of Assembly were made incapable of serving. and I hope your Lops. will find that Act so unreasonable, and recommend it as such to H.M., that she may not give it Her Royal Assent; most of those gentlemen having considerable interests in the country, and are all men very well affected to H.M. I send your Lordships here enclosed a short account I have of an attempt the French made on Carolina, which is all that I can yet learn of the matter. Here was brought in the 20th inst. by the Assistance man of war, a French Guinea ship of 24 guns and 130 men, 25 of which were killed in the engagement, and 15 wounded; what the value of her is I am not acquainted with, but the officers say it is considerable. Signed, Tho. Handasyd. Endorsed, Recd. Dec. 17, 1706. Read Feb. 17, 1706/7. 5 pp. Enclosed,
554. i. An account of the French attempt on Carolina, given by John Bossley, who had agreed with the Governor of Carolina to bring 40 prisoners to Virginia, but, the winds being contrary, had been obliged to put some ashore at St. Augustin and the remainder on the N. side of Hispaniola. [See Oct. 3 etc.] Endorsed, Recd. Dec. 17, 1706. 1 p. [C.O. 137, 7. Nos. 34, 34.i.; and (without enclosure) 138, 12. pp. 46–53; and (extract of covering letter only) 137, 51. No. 13.]
Oct. 26.
Council Chamber, Virginia.
555. President and Council of Virginia to the Council of Trade and Plantations. Refer to letter of Aug. 30 and enclosure received by a ship lately arrived from South Carolina. By the same ship there are arrived 65 of the French and Spanish prisoners, being part of 118, wch. the Governor of Carolina and his Council thought fitt to send hither for a conveyance to England; but the vessell that brings the rest is not yet arrived. Our fleet was sailed three weeks before the arrival of these prisoners, and upon our examining the Master's orders and contract with the Government of Carolina, we find that in case those prisoners were not received here, the Master was to give them his ship, with one suit of sails, one anchor and cable and one moneth's provision, and so turn them to sea. We could not but apprehend this way of disposing of the prisoners to be of ill consequence for H.M. service, and dangerous to this Country; for it is not to be imagined that so many men bred up at sea, and most of them privateers, would depart from this Coast so ill provided with necessarys (when without an extraordinary Providence they must expect to starve) but that they would choose rather to hover about this coast, and intercept the vessells trading hither, and perhaps land and robb our inhabitants, and so furnish themselves with provisions and instruments for further mischief: besides the danger of permitting them to return so speedily to the French Islands after they have once had the opportunity of discovering our coasts, and the naked and defenceless condition of the country. Upon these considerations we have thought it more advisable for H.M. service to retain the prisoners here, and have taken the best care we can to dispose of some of them amongst the few mercht. ships now in the country; we have also written to the Governor of Maryland to desire his assistance in the disposal of others amongst the ships in that Province, and the rest we have ordered to be dispersed and secured in the country untill we find other conveniencys of sending them for England. We humbly submitt to your Lordps.' consideration what ill consequences may attend such proceedings as this of the Government of Carolina, for it is in effect laying this Government under a necessity either of maintaining their prisoners out of H.M. Revenue of 2s. per hogshead appropriated for its own support, or exposing our coasts to be plunder'd and our trade destroyed. And therefore we humbly hope that by your Lordps.' means, such directions may be given as may oblige that Government to reimburse all charges that shal accrue upon this occasion, and prevent the like inconveniencys for the future. Refer to enclosed Patents for land, as Oct. 14. We have received information that the Surveyor of North Carolina has begun to run the dividing lines between this Colony and Carolina without the least notification given to us, and has proceeded on that pretended line far within the reputed bounds of this H.M. Colony. We have given directions for stopping his further progress therein, and having lately had an account of two old men who can give very material evidence concerning the bounds between this Government and Carolina, particularly as to that boundary called Weyanoak Creek in the Proprietors' Charter, we have ordered their examinations to be taken upon oath, and have given the Proprietors' Governor notice thereof; and as soon as we can shal lay them before your Lorps. for your further directions in settling those bounds; and in the meantime have written to the sd. Governor that no surveys or entrys be made by his officers for any of the lands in contraversy. The warrants for the established sallaries have been this day signed in Council, but upon enquiry we can find nothing to direct us in relation to the sallary of the President. We doubt not but H.M. hath appointed a suitable allowance for supporting the dignity of that office, especially while there is no Governor or Lieut. Governor in being, yet inasmuch as H.M. pleasure in that particular hath never been transmitted hither, we have passed no warrant for such sallary, and humbly pray your Lordps.' directions herein, as also to whom the other perquisites of the Government ought on this occasion to be paid. This is designed to be delivered to your Lordps. by Mr. Robertson, the Clerk of the Council, who hath desired leave to go for England for the recovery of his health, and by whom we send the Journals of Council, tho' there is not anything material in them other than what we have here hinted. If anything worth your Lordships' notice happens here before the departure of the ship he goes in, he will be able to give your Lordps. a true account thereof. All we have to add is, that we thank God this Colony is in perfect quiet, and hope it will so continue; and we assure your Lordships that we shal ommitt no opportunity of transmitting to your Lordships a faithful account of such occurrences here as are necessary for H.M. service or your Lordships' information. P.S.—We enclose the copies of some proceedings in relation to a tract of land between the Forks of Rappahannock River, to wch. the Proprietors of the Northern Neck make pretensions, alledging it to be within their Charter, wch. we humbly submit to your Lordships' consideration for such directions therein as your Lordships shall think proper. Signed, E. Jenings, Presidt., J. Lightfoot, Dudley Digges, Benja. Harrison, Robert Carter, James Blair, Phill. Ludwell, W. Churchill. Endorsed, Recd. Jan. 20, Read Feb. 7, 1706/7. 3 large pp. Enclosed,
555. i. Copy of the Articles of Agreement between the Governor of Carolina and John Kimber, Mariner, for conveying French prisoners to Virginia to be sent to England, as in preceding. Signed, N. Johnson, Nicholas Trott, Henry Noble, Robt. Gibbes. Endorsed as preceding. 3 pp.
555. ii. List of the Patents for Land in Virginia referred to supra. Same endorsement. 3½ large pp.
555. iii. Copy of Minutes of Council of Virginia relating to land in the Forks of Rappahannock River, May 2, Sept. 28, 1706. Same endorsement. 3¾ pp.
555. iv. An account of the Invasion of South Carolina. Duplicate of Oct. 3. [C.O. 5, 1315. Nos. 39, 39.i.-iv.; and (without enclosures) 5, 1362. pp. 92–97.]
Oct. 30.
Whitehall.
556. W. Popple, jr., to Mr. Burnaby, Secretary to the Commissioners of Prizes. Encloses a draught of an Instruction to Governor Crowe relating to prizes to be laid before H.M. Commissioners of Prizes for their opinion, etc. [C.O. 29, 10. p. 158.]
Oct. 30.
Whitehall.
557. Same to Mr. Burchet. Applies for a Commission of Vice-Admiralty for Governor Crowe, if H.R.H. shall so think fit. [C.O. 29, 10. p. 159.]
Oct. 30.
London.
558. Mr. Dummer to Mr. Popple. Gives sailings of the Prince George packet, out and home 100 days. She spoke the Virginia fleet of about 200 sail, Oct. 8. Signed, E. Dummer. Endorsed, Recd. Read Oct. 31, 1706. 1 p. [C.O. 323, 6. No. 16.]
Oct. 31.
St. Xphers.
559. Governor Parke to the Council of Trade and Plantations. I here send your Lordships the Act wch. Col. Johnson passed, and Col. Codrington would not suffer him to putt the seal to it, because he must have paid taxes by this Act for what he has in the French ground; this Act had like to have sett this Island into a flame; I think it a very reasonable Act. I send yr. Lordships allso the Imports and Exportes of this Island, to the 8th inst. Mr. Poggson has been tryed for killing Col. Johnson, the Jury brought him in not guilty, tho' I think the evidence was very plain against him; I ordered him to be takein up, and tryed uppon the statute of stabbing, but he had notise of it, and is fled; as soon as the Jury brought in their verdict, the Judges discharged him without making him give securety to answer an Appeal, or for his good behavior, wch. is usuall; the Secretary could not draw every perticular of his tryal, but what he could do I here send you; I desire your directions what to do with him if I take him; I think he killed Johnson basely, for he had no weapon drawn; I don't find that Johnson had any Commission either from the Queen or Sir Wm. Matthews. When Sir Wm. died, Col. Johnson by virtue of Col. Codrington's Commission took uppon him the Govermt., and nobody asked to see his Commission. Col. Codrington declared him Commander in Cheif, and that was enough. Repeats part of Oct. 5. The removall of Col. Lambert and Mr. Poggson has made two vacancies in the Councill, wch. I have filled up with Major Panton and Mr. Willit; I think the two fittest men in the Island; God knowes we have no great choice; I find Mr. Clayton of Leverpool has got a grant for two Plantations in the French ground from my Lord Treasurer, by wch. he ruins two poor people that had it granted per Sir Wm. Matthews; this is the first president of this kind; I hope my Lord will send hereafter first to enquire before he grants land that he must be a stranger too; for my part I think to grant all the land to people that will come and live uppon it, yt. the Island may be strenghned, what advantage is it to the Island to have it full of negroes belonging to merchants in England and rich men in Antigua, they are only a temptation for the enemy, and no strenght; that was the ruin of Nevis; my Lady Russell and Stapleton had each of them above 200 negroes, and not one white man on their Plantation; Col. Codrington has 400 negroes on one Plantation, and but one white man; they breed up their negroes to all manner of trades and make overseers of them; by this means they have drove all the poor from them; pleas God we keep this Island, I hope to make it the strongest the Queen has; I have invited all from the little Islands to leeward and have got severall and hope to gett more. Signed, Daniel Parke. Endorsed, Recd. Jan. 6, Read Feb. 10. 1706/7 Holograph. 4 pp. Enclosed,
559. i. Affidavits concerning the death of Lt. Gov. Johnson. (i.) Col. Stephen Payne deposed that he saw Col. Johnson ride over ye River, entered Mr. Kimbleton's house, and afterwards rode towards the other River. A little after, Capt. Pogson rode the same way after him. Payne rode after them and overtook them, a little on this side ye River, where he saw Col. Johnson standing by his horse and Capt. Pogson on horseback at a little distance. Capt. Pogson said, I thought to have found you on horseback. Col. Johnson repplyed, some misfortune hapned, wch. caused him to unlight. Capt. Pogson ask'd if he was ready and drew one of his pistolls, upon which deponent went to Capt. Pogson and commanded the Peace, laying his hand on his pistolls, which he delivered, and called to the Gentlemen by to secure Col. Johnson's, upon wch. he supposed the mischief was prevented. At Capt. Pogson's request, he returned him his pistoll, and presently heard a pistoll fire, and Col. Johnson say, Gentlemen, I am barbarously murthered by John Pogson. Deponent saw no pistoll in Col. Johnson's hand. (ii.) Major Willm. Wodrop deposed that after dinner Col. Johnson pointing to Capt. Pogson, said, There was Allexander the Coppersmith wch. has done me much wrong. Capt. Pogson replied, he beleived he was not St. Paul, neither did he think he had the learning. Col. Johnson said how do you know my learning? Capt. Pogson said, How do you know my profession. About sunset Col. Johnson rid over the River and alighted at Mr. Kimbelton's door, immediately remounted, and as he rid by he josled Capt. Pogson, who was standing in the street, etc. (iii.) James Tynson deposed that Col. Johnson unlighted by the river side and ordered him to tye his breeches. As Capt. Pogson rode by and saw Col. Johnson standing he drew his pistoll, and Col. Johnson said Forbear, sir, let me mount. With that I stept in and tossed his pistol up with my sword, and said shew fair play, with that Col. Payne unlitt and commanded the Queen's Peace and took away his pistoll, and then as Col. Payne turn'd to speak with Col. Johnson, Capt. Pogson shot him and fled etc. as i. supra. Endorsed as preceding. 1¼ pp.
559. ii. Copy of the trial of Capt. Pogson at the Old Road, St. Kitts. Oct. 14, 1706. Acquittal as supra. Judges: Michael Lambert, Henry Burrell, John Garnet. Grand Jury: Mansell Frank, Foreman, Joseph Estridge, John Bourryan, Francis Phipps, John King, Clement Crook, John Willet, Henry Scoopholme, James Ramsey, Wm. Bowry, Robert Kimbelton, Richard Rheams, Isaac Jolly. True Bill returned upon indictment against John Pogson for felonious murder by Attorney General, Herbert Pember. Petit Jury: James Norton, John Dixson, James Jackson, Thomas Dowson, Edward Gillard, Henry Willet, Bastian Branch, Rowland Davis, Paul de Brissac, John Esdaile, John Everenden, Wm. Singleton. Same endorsement. 1½ pp. [C.O. 152, 6. Nos. 73, 73.i., ii.; and (without enclosures) 153, 9. pp. 444–448.]
Oct. 31.
St. Xphers.
560. Governor Parke to Mr. Secretary Hedges. I was at Nevis at the expiration of the time for the payment of the 1,400 negroes: but by the intelligence I had from St. Thomasses, I found the French at Martineque were intrenching for fear of an English ffleet, and had no thoughts of demanding ye 1,400 negroes; from time to time as I receive the news from you, I send it all over America. I have the best opertunity of any of the Governors by the means of St. Thomasses, and if I had some of our King of Spain's Declarations, I could easaly have them scattered in the Spanish India's, we impatiently expect the ships from Ireland; I hope if there comes any men, there will come provesions for them, for we have none to give them, if the men's pay was laid out in provesions and sent over, it would keep them; here are those that will undertake to find the men the Queen's whole allowance, provided they may receive their pay; and would be much better if they were as last warr 5 companys of 100 in each wth. a Capt. and two Lts. to each company, and the officers obliged to be wth. them, as it is, the Coll. and Lt. Coll. are at home, the men in 5 year but once cloathed and yt. so scandalously, it is a shame to see them, so yt, what little pay the soldier receives, he is forced to buy cloathes wth. it, or go naked; if the Coll. was obliged to be wth. them, he would be ashamed to see his men in such a condition as they are; no surgion wth. them nor anything else that is fitting for them. Signed, Daniel Parke. P.S.—You need not hint my liveing at Nevis. I am as near the Town of Nevis as White Hall is to Lambeth, whenever they are allarmed, I can be wth. them, as I have allready, sooner then they can gett together etc. Repeats part of Oct. 4. I have been but 3 months in my Govermt. and have been 5 times at Nevis; your neighbours at Richmond I sopose teaze you about my liveing at Nevis, becaus they think I will live at Antigua, they did not sopose I would live here, at a place so plundered and distroyed as this is, God knows I indure fateague enough; I hope if I deserve well the Queen will give me something better, for I can never gett anything here. Endorsed, Recd. Jan. 5, 1706/7. 3 pp. [C.O. 239, 1. No. 16.]