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June 1.
Whitehall. |
356. Mr. Sec. Hedges to the Governors of Plantations.
The Herbert galley is to be allowed to lade and depart without
convoy. Signed, C. Hedges. [C.O. 324, 30. p. 91.] |
June 3.
Nevis. |
357. Col. Abbott to the Council of Trade and Plantations.
Herewith wee have sent you an account of the discent the French
have made upon this H.M. Island, as alsoe a copy of the Treaty
of Capitulation made with Monsieur D'ibervill, their Generall.
Wee have allsoe laid before your Lordships the perfidiousness
of that Generall in his breach of the severall articles that were
concluded upon, as well as the unchristianlike usage of us whilst
prisoners, and the force he imposed upon most of our principall
freeholders in order to compell them to sign a second Treaty
whereby they were to pay him in 6 months 42,000l., or 1,400
negroes to be delivered his order at Martinico, either of which is
impossable to effect. We humbly intreat your Lordships to
commisorate our condition, by using all possible means with
H.M. that some such measur's may be taken, as may releive
us her distressed subjects. Signed, Richd. Abbott. Endorsed,
Recd. 7th, Read Aug. 8th, 1706. 1 p. Enclosed, |
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357. i. H.M. poor distressed subjects of Nevis to the Queen.
A suddaine and unexpected turn of Fortune, and the
too great strength and unreasonable avarice of your
Majesty's implacable enemies the French, together
with the perfidious breach of faith of M. D'Ibervill—we are reduced to the very last extremity and must
inevitably perish or become slaves with our wives and
children to the enemy, if not speedily releived and
supported by your Majesty. Wee therefore your
Majesty's most dutifull, though at present most
miserable subjects, do in all humility prostrate ourselves
at your Majesty's feet, most humbly and earnestly
entreating and imploring your Majesty not to abandon
and forsake us in this our deplorable condition etc.
Signed, Richd. Abbott, Wm. Burt, Jno. Smargin, Aza.
Pinney, Da. Ravenhill, Tho. Belman, Ja. Bevon,
Samuel Browne, Jon. Thornton, Edwd. Gardner, Tho.
Cottgrave, Jed. Meriwether. Same endorsement. 2 pp. |
|
357. ii. Account of the taking of Nevis, and M. Dibervill's breach
of the Treaty etc. March 21 between 2 and 4 p.m.,
betwixt 50 and 60 sayle of vessell great and small
appeared betwixt Mounsaratt and Antegoa, standing
for this Island, whereof 12 were men of war, from 30 to
70 guns, 5 of the greatest with some sloops fell to
leeward and the rest kept their course to the northward,
which made us suspect they had a design to attack us
in the Narrows and northermost bays. This occasioned
our second fireing off our alarm gunns to hasten the people
to their severall posts. In the evening Col. Abbott called
a Council of War and troops were posted in expectation
of an attempt to land to the Northward. 5 of the enemy's
greatest ships came to anchor in the mouth of the
Narrows, without reach of our cannon, the rest altered
their course in the night, and runn in close with the
shoar, landing neer 3,000 men at a bye-place called
Green Bay, without any oposition, and though the severall
companys with the outguards made what hast they
possably could to opose them, yet that was rendered
altogeather impracticable by the enemy being so much
superior in number, and our forces to the northward
being still detayned on that side, by the appearance
of the Enemy's ships and sloops in the Narrows, amongst
which forces were the two companys of Col. Whetham's
Regiment, both of which did not make up above
35 men, Col. Johnson having taken the remainder
to Antigua, which added to our Militia did not amount
to above 400 men. The main body of the Enemy
were masters of Charles Towne by break of day, and
in less then an houre of 4 of the best platforms, which
were onely defencebly to the sea. Nothing more
happened this nor the succeeding days, except frequent
skirmishing. We were still obledged to give way to
their numbers. This caused us to make as orderly
a retreat as possable to ye mountains, where the women
and children had taken refuge in soe great a hurry.
Next day, the 24th, upon the enemy's advance with
4,000 men, a parley was beat and articles of surrendry
agreed upon [see below], which how perfidiously and
contrary to the law of arms they were broake, wee
are now to make appeare. The first breach was of the
5th article; for the verry next day they burnt not
only severall boyleing houses, but the very dwellinghouses themselves, not leaveing at their going away
above 20 standing in the whole Island, the Towne
excepted. As to their 1st and 6th articles, the greatest
part of the officers and inhabitants were carryed to
Charles Towne, where the small pox and other
distempers were reigning, and their crowded up in
houses without haveing the liberty to goe abroad to
get sustenance for themselves and familys, little or
none being allowed them by the Enemye, and which
was worse, after 3 days' such usage the men were all
taken up by order of M. D'Ibervill and close imprisoned
for neer 10 dayes in the Church, goal and other houses
without so much as bread and water except what was
privately brought to them by their miserable wives
and children, and when aplycation was made to him,
in behalf of those imprisoned, his answer was that
they ought not to complaine, for they were used but as
prisoners of warr as they were, and further that wee
had broak the articles of capitulation by our not
delivering our negroes, wch. was a thing impossable
for us to doe, the negroes being armed and wee kept
close prisoners, and in reallity by what wee could gather
the enemye themselves, as numerous as they were,
never did attempt it without great loss of men, if not
quite beat by the negroes out of the mountains, and
they by their own confession had taken off 3,200 slaves
besides the greatest parts of our mills and coppers,
with other rich merchandizes to the vallew of a great
many scores of thousand pounds, yet all this was not
sufficient to sattisfie the avarice of that perfidious
generall, but on April 6th he issued out his orders for
the convening of all the principall officers and others
the inhabitants of this Island, to whom he made a
second proposall [see below]. They declared their
inabillity to comply. Whereupon he ordered them
immediately to be put on board the severall men of
warr in the Road, threightening that, in case they
refused to sign such Treaty, they would separate the
husbands from the wives and children, and transport
them amongst the Spaniards, and his officers told
severall of the Gentlemen that, if they would not sign
such instruments of writeing as the Generall had offered,
they would compell them too it, and imediately they
found their usage more seveer, severall persons that
were on board some of the men of warr, haveing no
other food but mouldy bisquett and horse beans
boyled; and Col. Abbott, Col. Burt, Col. Wm. Buttler,
and James Bevon, all of H.M. Councill, that were confined
on board the man of warr commanded by M. D'Ibervill
himselfe were peremptorily told that they shold be
sent for France if they would not comply with their
demands, and that they should not be suffered to go
on shoar, to take leave or to make any provission for
their familys. By this and other hardships imposed
upon them and others, to which they saw no probabillity
of an end to be put to, they were constrained to put
their hands to the proposalls before mentioned. This
being not in our power to comply within the time
limitted, the consequences of it would be that their
forces will return and carry the inhabitants off into
miserable slavery, which if not spedily releaved by
H.M. will be a totall losse of this her Collony, and the
inavitable ruin of a great many tradeing men to this
Island. It would be too tedious to repeat their
unaccountable crewelty in burning and destroying
our Churches, digging up of our dead, the defacing
their monuments and tombstones, in imprisoning
severall of our men and women, whome they suspected
to have beene wealthy, their destroying our records
and papers, contrary to the 9th article of the Treaty,
and to conclude, their own Generall's Declaration,
that he was not under any obligation any longer to
observe the Treaty of Capitulation. Signed, Richd.
Abbott. Endorsed, Recd. Aug. 7, 1706. 5 pp. |
|
357. iii. (a) Conditions of Surrender granted by M. d'Iberville
to Col. Abbot and the Officers of Nevis. (1) All officers
and inhabitants shall have good quarter, (2) and
their wearing apparel, but the rest carryed away.
(3) The Governor and all the officers and troops shall
surrender prisoners at war, and all the inhabitants.
(4) The Governor and Officers shall go out with their
arms. (5) The houses shall be preserved as much as
possible. (6) They shall be allotted houses to lodge
in till we go off the Island. (7) All the negroes shall
be delivered me. I give Col. Abbot 12, the President 8,
the Captain 3, the Lt. 2, and the Queen's Commissioner 2.
(8) That they set at liberty Madam Safart, if she is
not dead, who they detain against all right of Nation.
(9) That all their papers be delivered me. (10) All
officers and inhabitants shall be at liberty, on condition
they set at liberty a like number of French that are
in England, and on the English Islands, which they
shall send into France, or to the French Islands.
(11) There shall be a list taken of all the officers and
inhabitants, women and children that are in the Island,
so that a like number may be rendred. (12) That
4 hostages shall be delivered me for the performance
of the exchange. Given before the redoubt of Nevis,
April 4, 1706. (N.S.) Signed, D'Iberville. Subscribed,
(b) These are to certify and make known to all people
that I have given, bargained and freely granted unto
the severall inhabitants of this Island, that have signed
the agreement of April 4 (above), all negroes, houses,
mills, coffers, stills, horses, cattle, and all other stocks
whatsoever, all goods, chattels and other commodities
and things whatsoever that were to have been rendred
to me, or that I might have taken or destroyed, in
consideration of 1,400 negroes, which they are to deliver
me or order at Martineco within 6 months, and in case
any of the said number of negroes should be wanting,
they are to pay at the said place for every such 100 pieces
of 8. My meaning as to that article of houses is, those
which are in the severall towns as also in the country,
and that no negroes, mills, coppers, and stills, horses
and chattles shall be taken off by any person or persons
under my command, or any houses burnt, or other harm
or prejudice whatsoever done the said Island from
the date hereof, April 8/19, 1706. Signed, D'Iberville.
Endorsed, Recd. June 26, 1706. 2½ pp. |
|
357. iv. Remonstrance by Col. Abbott and Mr. Burt to
M. D'Iberville. Charles Town, March 30. The
confinement of our people to a close prison without
bread or water, has been a very great surprize to us.
Both by the Treaty and your own word and honour,
they were to be civilly used. Wee understand orders
have been gave to your troops that marched yesterday
evening to bring in all the women and children out of
the country to this place. This will not be agreable
to the 1st article of Capitulation (see above). If their
houses be burnt, it will be an absolute breach of the
4th article. It is not in our power to compell our
negroes to come in, but wee declare that wee cannot
esteem those our friends that encourage them to the
contrary. The Surgeons are this day imprisoned,
notwithstanding your Excellency's protection, whereby
they are disabled from taking care of such as are
wounded, and in particular Col. Daniel Smith. When
St. Kitts was, in 1690, reduced to the subjection of the
Crown of England, the negroes kept out in the mountains
more then a twelvemonth, and never could be brought
in, they killed many English, yet that never was laid
to the charge of the prisoners. It is scarce in the
memory of man, no not in the strictest times, that
ever prisoners of warr were soe closely confined after
articles of capitulation, more especially no destinction
is made betwixt the officers and common people. Lett
such as are guilty of any breach of articles suffer, and
the innocent goe free, etc. Signed, Richard Abbott,
Wm. Burt. Copy. 1¾ pp. |
|
357. v. Certificate that there were upon Nevis, when taken,
430 men and officers; 75 men, women and children
of H.M. regular troops; 330 seamen belonging to 25
vessels then in the Roads; 311 women, 612 children;
6,023 negroes. April 6, 1706. Signed, Richard Abbott,
and the Council. Lists of officers:—Col. Rd. Abbott,
Lt. Coll. R. Elleis, Major Sam. Gardner, Capt. Tho.
Bridgwater, Capt. Tho. Minor, Lt. John Smargen,
Lt. Tho. Abbott, Lt. Rich. Abbott, Lt. Edward Gardner,
Lt. Peter Bowdon, Lt. Wm. Burt, Lt. John Bishop,
Lt. Tho. Cotgrave, Lt. Josuah Hobson, Lt. Cha.
Bridgwater, Ensigne Wm. Davis, Tho. Belman, A.D.C.,
Col. Daniell Smith, Lt. Col. Wm. Butler, Major Micha.
Williams, Capt. Sam. Clarke, Capt. Jos. Symonds,
Capt. John Richardson, Lt. Henry Litton, Lt. William
Maynard, Lt. Jacob Williams, Lt. Geo. We(e)bb,
Lt. Jos. Stanley, Lt. James Symonds, Lt. Richd. Walker,
Ensigne Charles Earle, James Browne, A.D.C., Col.
Wm. Burt, Lt. Col. Tho. Butler, Wm. Child, Major,
killed, James Butler, William Rogerson, John Powell,
Ministers. John Ward, Collector. 2½ pp. |
|
357. vi. Agreement of April 8/19, between M. D'Iberville and
the inhabitants of Nevis. Having failed to fulfil the
Article of the Treaty, by which they bound themselves
to bring in all the negroes in the Islands, the said
inhabitants undertake to bring to Martinique in 3 months
from to-day 1,400 negroes, or 100 pieces of eight for
each they fail to bring. They will give 4 hostages
for the fulfilment of this engagement and of the article
of capitulation relating to the exchange of prisoners.
M. D'Iberville promises that there shall be no insult
or hindrance committed by filibusters after the
departure of the fleet. He will leave the inhabitants
their horses, cattle, coppers, mills, etc. Signed,
D'Iberville, Dumeynis, Chavagnac. Rd. Abbot,
Wm. Burt, Wm. Butler, Robt. Elleis, Jno. Smargen,
Aza. Pinney, Jno. Horne, J. Bevon, James Milliken,
Jos. Stanley, Mich. Williams, Jacob Williams, Edw.
Gardner, Tho. Bridgwater, Cha. Bridgwater, Tho.
Abbot, Jacob Satur, Geo. Cheret, Tho. Cottgrave,
Geo. Meriweather, Isaac Wignall, W. Richards, Jno.
Edgerly, Solomon Israel, Jno. Wignall, James Stevens
(mark), Tobias Pendar, Tho. Goare, Tho. Powell, Abra.
Smargin, Jos. Rayes, Jno. Bowry (mark), Abra. Bueno de
Mezo [or Mezgt. ?], Isaac Francis, Josa. Hobson, Henry
Rawlins (mark), Geo. Litman, Leo. Hendrickson, Wm.
Avent, Matthew Martyn (mark), Wm. Smith (mark),
Walter Tobin, Tho. Neale, Isaac Pinhero, Sam. Jefferys,
senr. (mark), Hannaniah Arrobas, James Caskey (mark),
Wm. Wignall, Wm. Ely, Edw. Lashley, Joseph Austin,
Wm. Wyet (mark), Jno. Griffin, Wm. Libur, Jenkin
Rice, Tho. Sargent, Peter Bowdon, Hen. Lytton,
Raphll. Abendana, Wm. Davis, Geo. Burt, Joseph
Symonds, Mich. Nowell, Sam. Jeffereys, Joseph Prossor,
Tho. Easom, Cha. Earle, Tho. Wilkinson, Jno. Slade,
Wm. Bennet (mark), John Smith, Isr. Smith (mark),
Jno. Wattley, Ja. Symonds, Jno. Thornton, Sam. Clarke,
Nich. Burrows, Jno. Haynes, Jno. Oesterman, Jno.
Byshopp, Wm. Maynard, Jno. Smith, Francis Saunders,
Jonas Webbe, Sam. Gardner, Ben. Chezus, Jno.
Latogsoneur, Tho. Bartlet, Jno. Knight (mark), Peter
Peterson (mark), Geo. Chapel, Ambros Frost, Jno. Coker,
Sam. Browne, Tho. Minor, Tho. Wallwin, Jno. Brookes,
Thomas Butler, P. Andrews. French. 2 pp. |
|
357. vii. Declaration by M. D'Iberville, April 9/20. All the
surplus remaining from the 1,400 negroes and the
coppers, sugar-mills, cattle, horses and made sugar shall
be divided equally amongst those interested who have
signed here [? above], in proportion to their wealth
before the taking of Nevis, and no others. Signed,
D'Iberville. French. Copy. ½ p. |
|
357. viii. Pass for ships from Nevis to St. Thomas and
Martinique, from April 20–Oct. 31, 1706, to enable
the inhabitants to fulfil the above engagement. Signed,
D'Iberville. Seal. French. ¾ p. |
|
357. ix. Certificate by M. D'Iberville that he has taken 3,187
negroes from Nevis, 2,387 for the fleet and 800 for the
filibusters. Signed, D'Iberville. French. ½ p. [C.O.
152, 6. Nos. 58, 58.i., ii. (covering letter and Nos. i., ii.
only); and (without enclosures) 153, 9. pp. 385, 386; and
(No. ii. only) 184.i. No. 6.i.; and (No. iii. only) 152, 6.
No. 56; and (first part of No. iii. only, 2 copies in French
and one in English) 184, 1. Nos. 6.ii., 7, 8; and (second
part of No. iii. only, in French and English) 184, 1. Nos.
11, 12; and (covering letter only, dated April 23) 184, 1.
No. 6; and (Nos. iv.–ix. only) 184, 1. Nos. 9, 10, 13–16;
and (duplicates of i., iii(a) French, iv., v., ix.) 152, 42.
Nos. 2, 2.i.–iv.] |
June 4.
Whitehall. |
358. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclose extracts from Governor Dudley's letters
relating to drift whales and prisoners. The Governor of Canada's
proposals containing more than the exchange of prisoners, vizt. a
truce, of which Col. Dudley says he has no need, as likewise
about the Fishery, we do not think it advisable that he do proceed
therein; But as to the exchange of prisoners proposed by
Col. Dudley, we humbly conceive it may be for H.M. service
that Col. Dudley receive H.M. pleasure for the same. As for
his proposal for attacking the French, which has been also
proposed by the Lord Cornbury, we humbly submit the same
to H.M. [C.O. 5, 912. pp. 153–155.] |
June 5.
Whitehall. |
359. W. Popple to Richard Savage. The Council of Trade
and Plantations desire to know what Naval Stores have been
imported from the Plantations the last year, and what quantity
of whale blubber, oyl or fins from New England the two last
years. [C.O. 324, 9. p. 124.] |
June 6.
Whitehall. |
360. Mr. Secretary Hedges to the Commander of the Fort
at Newfoundland. Encloses Instructions (see April 11, 1706).
I cannot but make use of this opportunity to advise you to behave
yourself in such a manner as that you may give no just occasion
of complaint, which I know you will take as a friendly caution
from, Signed, C. Hedges. [C.O. 324, 30. p. 105.] |
June 6.
Whitehall. |
361. Same to the Commander of the Newfoundland Convoy.
Encloses Instructions, April 11. Signed, C. Hedges. [C.O.
324, 30. p. 105.] |
June 6.
Cockpitt. |
362. Mr. Secretary Hedges to the Council of Trade and
Plantations. You are to prepare a scheme for fortifying the
Bahamas [see April 24] to be layd before H.M. Signed,
C. Hedges. Endorsed, Recd. Read June 7, 1706. 1 p. [C.O. 5,
1263. No. 110; and 5, 1291. p. 293.] |
June 7.
Custom House, London. |
363. Mr. Savage to Mr. Popple. In reply to No. 359, encloses
following. Signed, Rich. Savage. Endorsed, Recd. Read
June 11, 1706. Addressed. 1 p. Enclosed, |
|
363. i. Naval Stores imported from the Plantations, Dec. 25,
1704–Dec. 25, 1705. Cordage 4 cwt. Masts, great, 106,
pitch and tar 179 last, Rozen 47 cwt. 3 qrs. 25 lb. Whale
fins Xtmas 1703–1704, 318 cwt. 1 qr. 20 lb. Xtmas,
1704–1705, 85 cwt. 1 qr. 22 lb. Oyl, 1704, 214 tuns,
3 hd. 42 gal.; 1705, 112 tuns, 1 hd. 40½ gal. No Whale
blubber. Signed, Charles d'Avenant, Inspector General
of Imports and Exports, June 7, 1706. 2 pp. [C.O.
323, 6. Nos. 8, 8.i.; and 324, 9. pp. 124, 125.] |
June 7.
Whitehall. |
364. Council of Trade and Plantations to the Queen. Offer
for repeal 3 Acts of Barbados, vizt.—(1) to encourage privateers,
(2) for fitting out vessels of war, which give the whole prize
to the privateers and thereby infringe H.M. prerogative, (3) to
secure the peaceable possession of negroes (see Attorney General's
Report). Recommend for confirmation 9 Acts passed 1701–1705. [C.O. 29, 10. pp. 67–70.] |
June 10.
Windsor. |
365. Order of Queen in Council. Referring enclosed for
their report to the Council of Trade and Plantations. Signed,
John Povey. Endorsed, Recd. Read June 18, 1706. 1 p.
Enclosed, |
|
365. i. Richard Butler, William Ashton, Henry Pacey, and
others, to the Queen. Enclose annexed proposal, and
pray H.M. to transmit annexed queries to be answered
by the several Governors to be laid before the House
of Commons at their first meeting. 1 p. |
|
365. ii. A Proposall for an annuall consumption of wooll,
to prevent clandestine exportations thereof, and to
advance the price of the English Draperies abroad,
to enable the Tenants to pay their rents, and for
employing the poor, with duties etc. passing 2 or 3
millions for carrying on the war. (1) The Planters
in the Carribbee Islands having got vast runs of lands
gratis, only paying a small acknowledgement, and having
plantations settled with great numbers of white servants,
negroes and Indian slaves, have not had such a regard
to England as to cloath their white servants and slaves
with an English manufacture, and the Colonys on the
Maine, being well peopled, have great tracts of land,
following husbandry as in England, gratis, plant tobacco,
build ships to carry their grain etc. to forreigne ports,
and also furnish the Islands, to the great prejudice of
the Trade of England, having opportunity of underselling us by reason their ports lye nigher, whereby
they are grown very wealthy, having many white servants,
negroes and Indian slaves, and paying them no wages
further increase the planter's riches, who never paid
taxes to any warrs. (2) Therefore it is proposed that
the Planters be by an Act here obliged to cloath
their servants and slaves with an English manufacture,
viz., of lincey woolsey for the Islands made of ¾ course
wooll and ¼ hemp for jacketts and breeches for men,
pettycoats and waistcoats for women, and so for boys
and girls, which will be convenient and decent cloathing
for working negroes in lieu of their clouts, which they
wear at present, and will prevent a generation of
mulatto's and mustees, and preserve their healths
from the diseases of the climate. This cloathing to be
disposed of to the Planters by way of barter so cheap
as not to exceed the value of one piece of eight for each
shape, which will save the Planter ready money, which
he now pays for a course hempen cloathing for his
house negroes, since the Planters cannot find any cloathing from their own produce. (3) The Planters having
never been obliged by any Act of Parliament in England,
or any voluntary act of their own to pay any taxes
towards the warr, whilst England, to protect them,
is at vast expence in peace and warr, and has long
laboured under heavy taxes, It is humbly offered
that the Planters may by an Act cloath their servants
with a warm cloathing manufactured in England all
of coarse wooll etc. not exceeding 20s. each shape. This
method for cloathing is proposed to be by way of barter
for their commodities as Navall Stores etc., and is no
more than what the Dutch, French and Spaniards do.
Proposals for taxing imports into the American and
West Indian Colonies. Petitioners pray to be considered
for carrying on this great design. Copy. 12 pp. |
|
365. iii., iv. Enquiries to be answered by Governor Handasyde
and Governor Dudley. Copies. 2 pp. [C.O. 323, 6.
Nos. 10, 10.i.–iv; and (Order and enclosure i only) 324, 9.
pp. 126, 127.] |
June 10.
Windsor. |
366. Order of Queen in Council. Repealing the two Acts
of Carolina [see May 24]. The Proprietors and Assembly are
strictly enjoyned not to permit them to be from henceforward
put in execution, but to declare them null and void, as they will
answer the contrary. Signed, John Povey. Endorsed, Recd.
Read June 13, 1706. 1½ pp. [C.O. 5, 1263. No. 111; and
5, 1291. p. 394.] |
June 10.
Windsor. |
367. Order of Queen in Council. Approving Representation
of May 24, and ordering, for the more effectual proceeding against
the Charters of the Proprietors of Carolina, that the Attorney
and Solicitor General report what may be necessary for effecting
the same with all convenient speed. Signed and endorsed as
preceding. 1 p. [C.O 5, 1263. No. 112; and 5, 1291. p. 395.] |
June 10.
Windsor. |
368. Order of Queen in Council. Upon the appeal of
Sir H. Ashhurst, the sentence of costs Aug. 24, 1705, in the case
of the Mohegan Indians, is reversed and a Commission of Review
granted for determining their claim. Lord Cornbury to be a
Commissioner; others to be proposed by the Council of Trade
and Plantations, who are to send instructions to the Attorney
General for drawing the said Commission, and to consider enclosed
petition, and all other necessary dispatches to be passed
expedited at H.M. charges in favour of the said Indians, and to
report with all convenient speed. Signed, John Povey.
Endorsed, Recd. Read June 18, 1706. 2¼ pp. Enclosed, |
|
368. i. Agent of the Mohegans to the Queen. Prays that in
regard of their great poverty, and to prevent their going
over to the French, the charges of the Commission of
Review etc. may be paid by H.M. etc. Signed, Wm.
Wharton. Copy. 1¾ pp. Order and Petition set out,
N. Y. Docs. IV. pp. 1176–1178. [C.O. 5, 1263. Nos.
115, 115.i.; and 5, 1291. pp. 407–410.] |
| [June 11.] |
369. Attorney General to the Council of Trade and Plantations. Report upon the Laws of New Hampshire in force 1703.
Some are expired. The Act for restraining privateers and pirates
hath been repealed. Two Acts for raising 500l. have been already
confirmed. As to the rest, I concieve they are agreable to Law
and Justice and do not contain anything prejudicial to H.M.
Royall prerogative, save the following. (1) The Act concerning
the prudential affairs of towns, in regard it is not plain wt.
may be included within ye prudential affairs of a town. I think
it proper to confirm this Law for a certain time onely, and till
H.M. by Order in Council shall make any other order touching
the same. (2) The Act for the settling and distribution of
intestates' estates etc., making a distribution of the real estates
as well as the personal estates of the deceased among all
the children, is not fit to be approved, it altering ye descent
of inheritances of persons residing in England, and contrary
to ye course of descents of inheritances in England, and it will
be inconvenient to divide Plantations. And in another part of it,
for dividing estates of insolvents equally among ye creditors,
it is contrary to ye Laws of England, not having any regard to
the nature of the securitys for those debts. (3) The Act in
addition to an Act to compell constables to do their dutys in
collecting of rates (subjecting the bodies of persons to be imprisoned
for the rates laid on them in the towns, if they have no visible
estate), is unreasonable there not being allow'd an appeal to ye
Justices agst. ye rates. (4) As to the Act concerning marriages,
which gives power to Justices of ye Peace, or settled Ministers
residing here, to joyn persons in marriage, who have been thrice
published on Meeting-days, I see no reason to allow Justices
of ye Peace to marry. (5) The Act for the maintenance and
supply of ye Ministry etc., leaves the Ministry perfectly at ye
will of ye people, and also leaves it in ye people's choice whether
they will have a Minister or not, and exempts all persons who
shal serve God separately according to their own perswasion
from contributing to ye Minister, so that there is no settled
Ministry at all in this Colony. Therefore I think this Law is
not fitt to be confirmed. (6) The Act for acknowledging of deeds,
I think unreasonable in giving a J.P. power to committ a man
who will not acknowledge his deed, for that if the person denys
the deed, the Justice may hereby adjudge that to be his deed
wch. is not, and bind him; the acknowledgement ought to be
voluntary, and the person to whom it is made ought to take
care of it. (7) As to the Act to prevent expence of time and gaming
in Ordinaries, I think it seems too severe yt. playing at nine-pins
or any other game for money, should be prohibited. (8) The Act
for restraining of inhuman severities, I think too large, in that
willfully killing a man's own negroe servant shall be punish'd
with death, for that is not the description of murder, which is
killing for malice, he that doth it in his own defence doth it
willfully, therefore it should be said without provocation, or
of malice. (9) The Act to prevent damages by horses, disables
all persons to put cattle on the commons, except freeholders;
it should have been, or their tenants. (10) As to the Act for
punishment of criminal offenders, there are several good
provisions in this Law, but this is unreasonable, that if a man
who is convicted of perjury reverses his judgment, he is to recover
his damages against those who did procure such judgment, which
will discourage prosecutions for perjury, since on the reversall
(which may be for form) the prosecutor must answer damages
to ye persons convicted. (11) As to the Act for recording deeds
and conveyances, I see no objection against this Act, but the
objection against the Act for acknowledgment of deeds, for by this
Act alsoe the Justice hath power to committ a man refusing
to acknowledge his deed, so that ye Justice is absolute judge
to determine whether this deed was made or not. (12) By the
additional Act for settling intestates' estates, etc., the estates of
insolvent persons are to be distributed equally among the creditors
without regard to the nature of their debts, which is contrary
to the Law of England. It also gives appeal to ye Governour,
but none to ye Queen. (13) By the Act for taking affidavits out of
Court, affidavits to be used at tryals and to prove deeds may
be taken without notice to the other side, which is unreasonable,
and not to be allowed. (14) To the Act for regulating seamen,
I have no objection except that therein is a clause which I doubt
will include Capts. of ye Queen's men-of-war, vizt., that if any
Commander of any ship shall ship any seaman knowing him to
be first entertain'd on board another ship, and after notice thereof
given shall not dismiss him, shal forfeit 5l. (15) By the Act
for regulating of tryals in Civil causes, errors and reviews are
allowed in this Province to ye Governour and the Council, but
no appeal to H.M. (16) The Act for establishing Courts of Publick
Justice, I conceive intrenches on H.M. prerogative and power
given to her Governour to erect Courts, and altho' it allows
an Appeal to H.M., where the value in demand is above 300l.,
yet it prevents H.M. allowing an Appeal if for less, which she
may do if she pleases. Signed, Edw. Northey. Aug. 17, 1704.
Endorsed, Recd. Aug. 19, 1704, Read June 11, 1706. Edges torn.
6 pp. [C.O. 5, 864. No. 64; and 5, 912. pp. 156–171.] |
June 11.
Office of Ordnance. |
370. Board of Ordnance to the Council of Trade and Plantations. Reply to May 28. We have writt to Col. Handasyde
to demand of Mr. Daniel of Carolina the stores which he borrowed,
and in case of non-complyance to acquaint him that the bond
of 1,000l. penalty shoud be putt in suit. If neither the stores
nor value can be recovered, we must lay the same before H.M.
Signed, C. Musgrave, Ja. Lowther, Ja. Craggs. Endorsed, Recd.
Read June 13, 1706. 1 p. [C.O. 137, 7. No. 24; and 138, 11.
pp. 477, 478.] |
June 13.
Bermuda. |
371. Mr. Nelson to the Council of Trade and Plantations.
The usage wee meet with here may excuse this relation. There
lately arrived a sloop from Martinico, which had been with French
prisoners, and brought back great quantityes of French
commodityes, wch. are sold at extravagant rates. Immediately
upon her arrivall, ye Governour with others went for atast [? a
taste], but (as generally reported) it had so great an influence yt.
before they parted they all spript [? stripped], and danced naked
with other od circumstances, in ye said Company were 3 of ye
Councell old men, and severall of ye Cheife Officers of ye Country.
In Aug. last the Assembly came not down according to adjournment (which I take to be a discontinuing), yet about a fortnight
after, they meet by ye Governour's private letter. Signed, Gilbt.
Nelson. Endorsed, Recd. 5th, Read Aug. 6th, 1706. Addressed.
Holograph. ½ p. [C.O. 37, 7. No. 33.] |
| [June 13.] |
372. Proprietors of Carolina:—Ld. Granvill, Palatine,
Ld. Craven, Ld. Carteret, a minor, Sir John Colleton, [John]
Archd[a]le, Morris Ashley, Nicholas Trott, Blake, a minor in
Carolina, son of Col. Thomas Blake, decd. Proprietors of the
Bahamas. See C.S.P., 1702. No. 230, etc. Endorsed, Recd.
from Mr. Graves, June 13, 1706. 1 p. [C.O. 5, 1263. No. 113.] |
| [June 13.] |
373. Copy of H.M. Commission to John Bridger to be
Surveyor General of the Woods on the Continent of America etc.
Countersigned, Godolphin, St. James's. Dec. 24, 1705. Endorsed,
Recd. June 13, 1706. 2 pp. [C.O. 5, 864. No. 66; and 5, 912.
pp. 172–177.] |
June 14.
Whitehall. |
374. Certificate from the Council of Trade and Plantations,
in favour of Mr. Jackson. Having received several certificates
by the inhabitants, masters of ships and soldiers of St. Johns,
that he is a person of honest principle and sober and peaceable
life, they recommend him to the charity and goodness of all well
disposed persons. Signed, W. P. jr. 1 p. [C.O. 194, 3. No.
164; and 195, 4. p. 284.] |
June 17.
Whitehall. |
375. Council of Trade and Plantations to Mr. Secretary
Hedges. In reply to June 6. Mr. Graves informs us that if 100
soldiers and stores, as below, were sent to the Bahama Islands,
and all the 4 or 500 inhabitants scattered in the Islands were
summon'd to Providence, they wou'd jointly be able to defend
themselves against any attempt of the enemy; that the inhabitants
will be assisting in repairing the fort and building the barracks etc.,
but must to that end have provisions of meat and drink allowed
them; that till the Fort can be repaired and barracks built,
hutts may be raised in some few days sufficient to lodge the
soldiers and inhabitants and to secure them from the weather.
We are sensible that the proposal of fortifying this Island may
be look'd upon as unseasonable at this time, considering H.M.
other important occasions, besides that it may seem not proper
for H.M. to be at the expence of fortifying a place of which she
hath not the quiet and legal possession, and that it will
require a considerable time to evict the title of the Proprietors
by a legal process; but on the other hand it is to be considered
that, if in the meantime the French from Petit Guaves or other
adjacent places, or the Spaniards who are in the French interest
shou'd from Cuba or Hispaniola settle themselves upon
Providence, it may prove destructive to our Jamaica and other
trades, and wou'd be a far greater charge to H.M. to dislodge
them, than by a timely supply to prevent their settlement. In
case therefore it be resolved to fortify Providence at present,
we have reduced the expence thereof to the inclosed proposals.
We humbly submit, whether the Commander of the soldiers
shou'd not likewise be Governor of the Islands. Autograph
signatures. 3 pp. Annexed, |
|
375. i. Scheme for securing the Bahama Islands. The fort
at Providence wants reparation, but what, cannot
exactly be said, till it be viewed again. However,
there will want barracks, Governor's House and Store
house, 100 soldiers and officers; 200 spare arms etc.
and ammunition; carriages and stores for 40 great
guns; 18 masons, smiths etc; tools for store and
timber, coal, iron, nails and oars; provisions for a
year and a small man of war. 2 pp. [C.O. 23, 12.
Nos. 68, 68.i.; and 5, 1291. pp. 396–399.] |
June 18.
Suffolk in Port Royal Harbour. |
376. Admiral Whetstone to Mr. Secretary Hedges. Yours
of Jan. 31 did not come to my hands till May 12, at wch. time
I came in from the Spanish coast, and had then ye certaine advice
of ye Galloones being arrived at Carthagene 12 days before I
came upon yt. coast, to ye no. of 30 odd, which consisted of their
Barlaventer Fleett Galloones, and Flota, since wch. wee have
allsoe had an acct. of Mounsr. Ducass' being there with 8 saile
of large and 2 small men of warr, wch. 'tis believed ye biggest
of them will goe downe for ye Havanna, and there waite to joyne
M. Ducass, who 'tis thought will goe downe with the Galloones
to Leverdecruixe, and stay there till they have taken in their
ladeing, and soe to come up to ye Havanna, in order to goe home
a convoy to them, and there squadron will then consist of 12 or
14 men of warr. This appearance of ye French in ye West Indies
makes the Spanyards very uneasy, especially those inclined to
ye interest of King Charles III, wch. are ye major part of ye
people, who dare not shew it, without there be a superiour power
to protect them against the insolencys of ye French, wch. must
be done by a squadron of shipps to prevent the French trade
and to gaurd the Spanish ports, they'l hardly ever incline to
receive land forces from any other but ye Spanyards themselves,
for ye French imposeing that upon them, has made them their
mortall enemies, when they can have an oppertunity to show it;
of the good inclination of ye Spanyards to King Charles, I am
well assured by some I lately took who have given me reasons
to believe ye same. The Spanish and French shipps that goes
downe to Leverdecruix will undoubtedly be very rich when they
come back againe about Feb. and March, and for ye preventing
of their getting to Europe, if any shipps be employed in that
service, they must be there in those months, wch. if it please
God to send us well home, I hope to have ye oppertunity of
acquainting yr. Honour more at large. Signed, Will. Whetstone.
Endorsed, R. 31 Jul. Addressed. Sealed. 2 pp. [C.O. 137,
45. No. 79.] |
June 18.
Jamaica. |
377. Governor Handasyd to the Council of Trade and
Plantations. I have had none from your Lorps. by these two
last packetts. We have had an imbargo here for these 6 or 7
weeks past, on news of the enemy's being to windward, and by
all hands it is confirmed they had a design agst. us, if the ships
from old France had joined them, wch. they expected, and if
they had come, I am of opinion they would have found very
hott work. I likewise proclaimed Martiall Law, to oblige these
headstrong people to put themselves in a posture of defence,
by wch. means I have got sevll. ffortifications and batterys raised,
wch. otherwise never would have been done, as well as disciplined
the people, and taught them how they should behave themselves
in case of an attempt. But having had an account that ye enemy
is dispersed, the imbargo is off, and the law will go on as usuall.
I have advice that there are 5 or 6 French men-of-warr gone
down to the Havanna, and I am of opinion they are gone to
join the Plate Fleet, and if they refuse their convoy, to force
them to it, but this is only what I conjecture. I hope the
English and Dutch Fleet may meet with them, before they gett
where they designe, by what I understand, the Spaniard is very
apprehensive of them. I have heard nothing yet of the fflag
of truce which I sent to the Spanish Governours, so that I believe
she is fallen into the hands of the French, who make no scruple
in these parts of breaking the rules of warr, or else that she is
detained by the Spaniards till the Flota is gone. I delivred out
to the Militia, all the arms that were in the stores, and have taken
their receipts for them to pay for them at reasonable rates,
when H.M. shall demand payment, and have likewise obliged
every planter to arm as many of his negroes as he dare trust,
but to take their arms from them as soon as the exercise is over.
There have been four of the chief Indians from Darian to request
the favour of 30 fire-arms and 2†lb. of powder for each fire-arm,
cartouch boxes, balls and flints, and I haveing been informed
that they are well inclined to the English Government by assisting
every vessel which comes that way with what their country
produces, it was unanimously agreed on in a Council of Warr,
that they should have 30 fire-arms given them with powder, ball,
flints proportionable, after wch. sent them home in the same
sloop that brought them. One FitzGerald, a soldier in H.M.
regiment under my command, deserted his colours and went
over to the Spaniards in a tradeing sloop, pretending to be no
soldier, but falling into the hands of some of the Spaniards who
are our friends, they sent him for a small gratuity on board again,
for wch. fact he was tried at a Court Martiall and hanged as an
example to all others. As to our men-of-war I can say little
of them, they have been out about 14 days, and are returned.
The Admiral's ship has sprung her mainmast in 2 or 3 places,
as he gives me an account, and fears it will not carry her home.
I am told by some of the mercts. that there is a man-of-war,
that heroe, Capt. Allen, Commander, ordered to convoy to
England what ships are ready in 3 weeks, but have no such
account from the Admll. I shall be obliged to call an Assembly
in a very little time, to make good the extraordinary expence
that has happened by takeing up of spye-boats, and buying
provisions, and the great charge we are at with the French
prisoners, wch. I would willingly have them re-imburse the
Treasury what it is out, and make the other funds good: whether
I shall prevail wth. them or not God knows, there being 5 or 6
men who are commonly in the Assembly that lead all the rest
by the nose, tho I am in hopes I have pretty well broke their
faction. The Island is very healthy at prest. Signed, Tho.
Handasyd. Endorsed, Recd. Read Aug. 2, 1706. 2 pp. [C.O.
137, 7. No. 29; and 138, 12. pp. 11–16.] |
June 18.
Jamaica. |
378. Governor Handasyd to Mr. Sec. Hedges. Repeats
parts of preceding. Signed, Tho. Handasyd. Endorsed, R.
Sept. 16, 1706. 2 pp. [C.O. 137, 51. No. 14; and 137, 45.
No. 80.] |
June 19.
Whitehall. |
379. W. Popple to Mr. Solicitor General. Encloses Laws
of Maryland 1704, 1705, for his opinion in point of law, etc. [C.O.
5, 726. p. 379.] |
June 19.
Whitehall. |
380. W. Popple, jr., to Sir E. Northey. The Council of
Trade and Plantations desires your opinion in point of law upon
the enclosed Act of Pennsylvania directing the qualifications of
officers etc. [see Jan. 19], with what convenient speed you can;
the ships for those parts being to sail in a short time. [C.O. 5,
1291. pp. 410, 411.] |
June 20.
Bermuda. |
381. E. Jones to the Council of Trade and Plantations.
Refers to letter of Oct. 8, 1705. I have received none from
your Lordships, except one of May 3, 1705. Those gentlemen
striving to justify their illegal proceedings, have ran themselves
into a general confusion to the prejudice of the Queen and the
whole country. (1) The Assembly adjourned themselves to
Aug. 6, 1705, but never met according to adjournment, nor sate
upon any material business since. (2) The Governor pretends
he has had no Council these 15 months past, yet often holds a
private Council at the Flatts or elsewhere, but without a Clark
or minutes or any return to the Secretary's office as hath been
accustomed. (3) Charles Walker, Samuel Spofferth, Benjamin
Wainwright and Robert White, Esq., four of the Council,
are dead, Capt. John Tucker never appear'd, and Patrick
Downing and St. George Tucker much afflicted with the gout,
so that of 12 in Council there remain now only 5. (4)
Many causes in Chancery have remained upwards of 4 years
undetermined, and yet no Court held since my return. (5)
We should have two Courts of General Assize held yearly,
one in June, the other in December, yet but three has been
held for six years past, and not one since my return. (6) A
commission upon the death of Col. Stafford was granted to
Samuel Spofferth, now dead, to be Chief Justice, and to Samuel
Sherlock and Samuel Smith, assistants, with power by himself
or the said two Judges by themselves to hold a Court of General
Assize as by Commission inclosed may appear, but being to
meet by Act of Assembly on Dec. 3, 1705, Mr.Smith (one of the
Judges) only appeared and adjourn'd the Court, by means whereof,
according to the opinions of Mr. Tho. Barrow, formerly Attorny
General in Jamaica, Mr. James Brown, Solicitor General here,
and divers other judicious persons, all the actions then upon
the docquet are discontinued to the great damage of the parties
therein concerned. (7) H.E. hath since commissioned Col.
Anthony White Chief Justice, and joined with him Samuel
Sherlock, Samuel Smith, and Col. William Tucker, who only met
twice and adjourned, and indeed thus have all our Courts of
Assizes been adjourned from time to time and from month to
month one over the head of another without any sort of order,
and to as little purpose, yet to all these adjourned Courts many
of the inhabitants and Grand Jury men are compelled to travell
from all parts of these Islands and to give their constant
attendance to their no small trouble and expence without any
manner of satisfaction. (8) Formerly all writts issued out of the
Secretary's office, which the Judges used to sign and the Secretary
fill them up, but now the cause of action must first be enter'd
in the Secretary's office and then a copy thereof attested by the
Secretary carried to the Chief Justice, many miles distant from
the office, who signs a writt of his own Clark's drawing, or refuseth
to sign any at his own will and pleasure, and having a general
knowledge and acquaintance with the people and all their publick
and private interests, being born in the country and related
to great part of the inhabitants, is therby made sensible of all
matters in difference between party and party before the same
come gradually before him, so that no man can be safe in commencing, prosecuting or defending any action. How far this
new found method of proceedings suits with the oath of a Chief
Judge here, or is consonant to an unbyassed administration
of Justice, I shall not determine, but freely submit the same to
your Lordships' censure. (9) The Judges to shift themselves
from these miscarriages, pretend my Patent doth not entitle
me to the clarkships of these Islands, but that their Commission
from the Governor (tho' in his own name and not in the Queen's)
sufficiently empowers them to appoint a Clark of the General
Assize who shall make out writts and draw and record all the
proceedings of that Court, and yet will neither constitute a Clark
to officiate, nor admit of me or my deputy. But either Thomas
Burton (Attorney General) by their order, or one of the Judges
himself calls the Court and adjourns it without any Clark to
record the same. (10) This they pretend is occasioned by my
claiming that office, but if it be in their power to hold a Court
and appoint a Clark and do it not, and yet declare it to be no
part of the priviledges of my Patent, I think it very absurd to
fix the error of their not sitting upon me, when they were at their
own liberty to embrace or reject my claim at their own discretion.
(11) For my part I have hitherto beleived the clarkship of these
Islands to be my just right, according to the true interest and
meaning of my grant, and therefore thought it my duty rather
to justify my title to them in honour to my Patent than meanly
condescend to their self interested resolutions, till I was fully
convinced of the contrary, and well hope I am not blameworthy
in your Lordships' apprehension for my so doing. (12) The
Governor confesseth I ought to be Clark of the Council, yet will
not admit me so to be, but laies the fault upon the country. (13)
H.E. has monthly held what he is pleased to call a testamentary
Court, and Mr. Minors by the Governor's order has acted as
Clark, altho' it was alwais the Secretary's business to keep the
office for probat of wills and granting letters of administration etc.
(14) It has been the antient custome of these Islands to take
marriage lycenses out of the Secretary's office, but now by the
Governor's order they repair to Mr. Minors, who upon my return
removed the records, rolls, files and papers out of the Secretary's
office to his own house, and 'twas a full year before he returned
them again, which (by Order of Council) he should have done
upon oath long before, but still refuseth so to do, and keeps many
of the rolls and materiall papers belonging to the office in his
own custody. (15) H.E. constantly grants Patents of the Queen's
land and Commissions to all officers, civill and military, not
in the Queen's stile but in his own name, and the Military
Commissions under the publick seal of these Islands, and in the
Chief Justice's Commission in his own name also and under
the same seal he is pleased to incert the word customary, a word
not used in former Commissions when there was no Patent Officer.
(16) A list of all the Commissions upon record granted in this
Governor's time comes here inclosed, by which, if the number
of Commissions granted the year past be strictly compared with
all those before granted since H.E. first accession to this Government, your Lordships will be induced to beleive that many of
the former were never recorded. (17) H.E. is pleased to keep
the Publick Seal in his own house and affixeth it to every petty
Commission and other papers promiscuously, without any regard
to the nature of the thing so sealed, and without recording the
same or any return made to the Secretary's office, whereby the
office itself is less'ned and part of my just fees taken from me.
(18) H.M. stores of powder and amunition are often lent in great
quantities to outward bound vessels, and as I am informed
unspeakably imbezled, all which I have been sworn to preserve
for H.M. service, and I do averr that before my suspension I
maintain'd all the forts and fortifications 15 months with only
9 barrels of powder, but am now not suffered to inspect them.
(19) On Aug. 2, 1705, 3 transport ships from Lisbon bound to
Virginia lay off and on in sight of our harbour several days together,
designing to trade with us. Whereupon H.E. ordered sundry
goods to be put on board a sloop whereof himself was part owner,
and Capt. John Gilbert, Master, who with Mr. Davis, the
Governor's gentleman on board of him, sailed out of St. George's
harbour on purpose to trade with those ships without entring
the sloop and any other cleerings but the Governor's verbal
order, and after two full days traffick with the said ships returned
and brought on shore sundry goods which they purchased of
the said ships for the Governor's use. (20) The Governor is
likewise concerned in severall other vessells trading to the
Northward and from thence to St. Thomas's, whereby H.M.
enemies may constantly be supplied with provisions. (21) H.E.
also suffers several other vessels to lie at anchor some whole
months together without entring or cleering, and to unload
what they think fit and so to weigh anchor again and be gon.
(22) Capt. Samuel Gilbert, from Curaso and the Salt Ponds,
bound to the Northward, put in here for several days and by
the Governor's permission unloaded what he thought fit and
so went his way to the Northward. (23) Capt. Richard Jennings
of these Islands lately came from Barbados bound to old England
and lay off and on til several boats went by the Governor's order
and fetch'd off and landed a great quantity of rum for the
Governor's use, and so divers other vessels have lately done,
and yet at the same time an embargo upon all vessels whatsoever.
By all which sinister actions it may be justly concluded that
the Queen is much prejudiced, and myself and other officers
deprived of our just fees. (24) H.E. has vouchsaf'd also to
deny a writt of error to several gentlemen who have supposed themselves considerably agrieved by irregular judgements
and proceedings in our several Courts of Judicature, altho'
he well knows the same to be a Writt of Right and the just
priviledge of the subject. (25) Capt. Nelson for want thereof
has been confin'd in the common goale of St. Georges above
2 years upon 2 attachments for costs in a decree grounded upon
a double verdict of common law and referred to the opinion of
the Lord Chief Justice of England, which was never obtain'd
nor the first determin'd. (26) I myself likewise have by my
humble petition to H.E. endeavour'd to procure the same writt
upon an indictment of perjury charged upon me before my
suspension, but H.E. would not grant it, copys of which are
here inclosed. (27) Dr. Starr who hath bin most barbarously
used and an unpresidented sufferer by a severe sentence passed
against him at the Quarter Sessions, desired a friend to request
a writt of error from the Governor on his behalf, but being a long
time delayed, passionatly said he would go in person to the
Governor and see whither H.E. dar'd deny him Justice, for which
he was bound over to the Quarter Sessions, where he owned
the words, and added that, if he had said the Queen herself dar'd
not deny him Justice it would have bin truth, tho' no good
manners; this language so incensed the Justices that they passed
an Order in Court that the Doctor should give 500l. security to
appear at their next General Assize. The Doctor appeared
accordingly, and at several Courts since, without any further
examination or bail required, so that he supposed himself discharged, but by the Governor's particular order, is remanded
to prison upon the same circumstances. (28) Capt. Matthew
Newnam, an Attorny at Law, and late Commander of one of
H.M. forts here, observing Tho. Burton, Attorny General, to be
very busy in incensing the Governor against him and other
gentlemen, went to the Governor and voluntarily offered to
prove Burton guilty, (a) That he offered a piece of plate and
also a share of land to Capt. Nelson, then Chief Justice, if he
would stand Burton's friend in an action then depending at
common law. (b) That he actually made over a share of land
to Governor Day, to stand his friend in the Court of Chancery,
and was further guilty of champerty and maintainance. (29)
H.E. turn'd the deaf ear to all these complaints, and would
take no notice of them, which I perceiving, told H.E. I thought
it my duty to acquaint H.E. therewith, but should not concern
myself any further in it. (30) Burton being thus countenanced
by H.E., slighly arrested Newnam in an action of slander and
laid his damage 90l., to which Capt. Newnam had no sooner
put in bail but Burton applied himself to the Justices, and three
of them would not take Capt. Newnam's examination on behalf
of the Queen against Burton, but bound him over to appear
at the next Quarter Sessions to answer Burton's complaint.
(31) Governor Day, for the consideration of 13l., in money to
him paid for the use of the Queen as a fine and also the annual
rent of 13l., did on April 25, 1699, demise unto Robert White,
late one of the Council, three shares of land in Pagits Tribe and
two small Islands in the Sound for 21 years, which said three
shares and two Islands our present Governor has seized under
the notion of glebe land, and received the rent thereof, and
altho upon the return of an order from himself to enquire into
the title thereof, one full share and the two Islands (equal to
one share more) are found to be Queen's land, which together
with the rest are really worth 30l. per annum, yet H.E. continues
to receive the rent of the whole, which rent, before my suspension,
I used to receive for the Crown's use, a copy of which lease is
here inclosed. Signed, Ed. Jones. Endorsed, Recd. 5th, Read
Aug. 6th, 1706. 2 closely written pp. Enclosed, |
|
381. i. Copy of Lt. Gov. Bennett's Commission to Samuel
Spofferth to be Chief Justice of Bermuda. May 17,
1705. Endorsed as preceding. 1½ pp. |
|
381. ii. Copies of similar Commission to Anthony White, May 16,
1706, and of the adjournments of the Courts of Assizes, June
4,1705—June 3,1706. Endorsed, Recd. Aug. 5, 1706. 5¼pp. |
|
381. iii. List of Commissions granted by Lt. Gov. Bennett,
to Dec. 29, 1704,=19. From May 17, 1705—Sept.,
1706,=30. Endorsed as preceding. 2½ pp. |
|
381. iv. Copy of a Patent for a parcel of land on the N. side
of St. Georges. Granted by Lt. Gov. Bennett to Samuel
Skinner, May 29, 1706. Same endorsement. 1¾ pp. |
|
381. v. Copy of a lease of land granted by Lt. Gov. Day to
Robert White, April 25, 1699. Same endorsement. 2¼ pp. |
|
381. vi. Copy of Order of Quarter Sessions, July 12, 1705.
Dr. Starr to be committed if he do not give 500l. security
to be of good behaviour, he having used impudent words
against the Governor and justified them in Court (as
above). Same endorsement. ¾ p. |
|
381. vii. Petition of Edward Jones to Lt. Gov. Bennett for
a writ of Error out of the Court of Chancery in his
conviction for perjury, Dec., 1701. May 25, 1706.
Same endorsement. 1½ p. |
|
381. viii. Copy of Writ of Error granted by Lt. Governor
Bennett, May 25, 1706, in pursuance of preceding. Same
endorsement. 1¼ pp. [C.O. 37, 7. Nos. 31, 31.i.-viii.;
and (without enclosures) 38, 6. pp. 204–218.] |
June 21.
Whitehall. |
382. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclose copy of Col. Hodges' letter, April 6. Autograph
signatures. 1 p. [C.O. 184, 1. Nos. 20, 21; and (without
enclosure) 153, 9. p. 379.] |
June 23.
Barbados. |
383. Governor Sir B. Granville to the Council of Trade
and Plantations. Encloses following, and entreats a favourable
representation of them to the Queen. Abell Alleyne, Esq. dyed
the 16th inst., so that at present there are but 7 Councillors.
The list I formerly sent being much lessen'd, I offer the enclosed
to be added to it. Encloses Naval Officers' Accounts. Signed,
Bevill Granville. Endorsed, Recd. 28th, Read Aug. 29th, 1706.
Holograph. 2 pp. Enclosed, |
|
383. i. List of persons qualifyed to be Members of the Council
of Barbados:—Thomas Alleyne, Rains Bate, Reynold
Alleyne, George Peers, John Wiltshire, Simon Lambert,
Timothy Salter. Signed, B.G. Same endorsement. 1 p. |
|
383. ii. Council and Assembly of Barbados to Governor Sir B.
Granville. We lay our unhappy circumstances before
your Excellency, occasioned by the poverty of our
estates, great expenses in their management, vast
taxes to preserve our trade and prevent our coasts
from the insults of the enemie, the transportation of
our money, but above all, by the small produce that
our sugar yeilds in England, occasioned chiefly through
the Dutch trade with France, by which meanes they
are supplyed from the privateers at a much cheaper
rate then wee are able to produce it. We entreat your
Excellency to lay before H.M. the dismall apprehensions
wee form to ourselves from the Dutch settlement on
Java, where they have already made such a progress
that they can afford sugar in Holland of that Island's
produce, with a considerable advantage thereon, at a
far less valle then the first cost here, which together
with the other disadvantages wee labour under, will in some
short time irretrivably ruine this H.M. most important
Island, unless H.M. shall be pleased to grant us timely
relief, and to ease us of the duty on sugars, by which
meanes only wee shal be enabled to sell at an equal
price with the Dutch. The long warr, with the
mischievous consequences that usually attend thereon,
has so depopulated the Island, that wee entreat your
Excellency to interceed with H.M. to send us a full
regiment of dissiplin'd men, for whose farther subsistance
and well being amoung us wee are prepareing a Bill,
that wee may thereby be enabled to support ourselves,
and discourage any attempts that H.M. enemies may
designe against us, either from our small number or ill
disposition of our fortifications, which hath already
cost us so much money, both of which are sufficient
inducements to a people so well acquainted with the
posture of our affairs as the French Islanders are. Refer
to their plundering Nevis etc. Wee shal not so far
betray our own weakness to say wee were under any
apprehensions, but wee humbly submit to H.M.
judgment, since there was no want off inclination,
what other reason there cou'd be that shou'd at this
juncture prevent us from relieveing our ffriends and
fellow-subjects, as wee did on a like occasion during
the late warr. Wee hope your Excellency will lay
before H.M. that therefore it is wee have begun to
build a regular fortification, and design to goe on with
another, if H.M. will grant us her Royal assistance
for carrying on the same, for so it is, that the fortifying
our sea-coast, and repairing our forts and batteries
has occasioned such a vast tax on the inhabitants,
that they are reduced to great streights, and are ready
to sink under the present weight. Pray that H.M.,
as a most tender and indulgent mother, will supply
our necessitous condition with suitable remedies, order
the application of the 4½ p.c. etc. Signed, Wm. Holder,
Speaker and 14 other Members of Assembly; Wm.
Sharpe, C.J., and 6 other Members of Council. Endorsed
as preceding. 1 large p. [C.O. 28, 9. Nos. 50,
50.i., ii.; and (without enclosures) 29, 10. pp. 83–85.] |
| June 24. |
384. Petty expences of the Board of Trade. Lady-Day
to Midsummer, 11l. 5s. 8d. Stationer's Account, 22l. 9s. 4d.
Postage, 89l. 15s. 6d. Wood and Coals, 33l. 19s. 8d. 5 pp.
[C.O. 388, 76. Nos. 7–10.] |
June 24.
London. |
385. Mr. Dummer to Sir C. Hedges. The Antegoa packetboat is arrived (114 days out and home), having touched at Nevis
and St. Kitts after the French left. Quotes passages from his
correspondence as to the invasions. (From Barbados, April 8.)
A spy boat reports 13 or 15 sail of French ships between Barbados
and Martinico, standing to Martinico, believed to be the ships
which alarmed that Island 2 days before, and judged to come
from Tobago as ye squadron 2 months since did, who had layn
there expecting them, having been parted by storm wth. the
loss of some of them. (Antigua, April 17.) By a sloop from
Nevis we understand the French left it the 10th inst., the first
squadron being 50 sail wth. ye vessels taken at Nevis went (as
believed) with ye men of warr to Petit Guavas, being seen to
stand to leeward, the other squadron went to windward wth.
one man of warr, being about 30 saile more wth. the prizes
(supposed) to Martinico. The French report they lost 400 men,
mostly destroyed by the negroes, and not above 20 English
killed. M. Ducass arrived at Martinico (April) with 12 or 14
men of war and was expected to attack Montserat and Antigua,
and after that to unite fleets to Leeward and attack Jamaica
with 30 ships of war and 10,000 landmen. (Jamaica, May 13.)
We have had an embargo and for 8 days past Martial Law on
apprehension of a French squadron reported off Barbados.
These troubles have spoyled our business with the Spaniards,
and little silver has been imported. Our Admiral is returned
from St. Martha, with intelligence that the galleons and flota
were arrived at Cartagena. Signed, E. Dummer. Addressed.
2¾ pp. [C.O. 152, 39. No. 111.] |
June 24.
London. |
386. Mr. Dummer to Mr. Popple. Reports Antegoa packet
as preceding, and gives account of the French designs and descent.
Signed, E. Dummer. Endorsed, Recd. Read June 26, 1706.
2 pp. Enclosed, |
|
386. i. Printed advertisement of West India packet sailings
as Oct. 15, 1705, brought up to date. 2 pp. [C.O. 323,
6. Nos. 11, 11.i.] |
| June 25. |
387. Sir John Stanley to Mr. Popple. Encloses following
to be laid before the Council of Trade and Plantations. Signed,
J. Stanley. Endorsed, Recd. Read July 1, 1706. 1 p.
Enclosed, |
|
387. i. Governor Sir B. Granville to Sir J. Stanley. Barbados,
April 7, 1706. We are so busy in preparing to receive
ye French, that I am not able to get together ye papers
yt. I am directed by Orders of Councill to send over
in relation to Mr. Chilton and Lilington. They shall
come by ye next, wth. a full answer. Copy. ¾ p.
[C.O. 28, 9. Nos. 47, 47.i.; and 29, 10. pp. 76, 77.] |
June 26.
Whitehall. |
388. Mr. Popple to Mr. Attorney General. Presses for
opinion on Act of Jamaica [see April 15]. [C.O. 138, 11. p. 483.] |
June 26.
St. James's. |
389. Order of Queen in Council. Refer following to the
Council of Trade and Plantations. Signed, John Povey.
Endorsed, Recd. Read July 2, 1706. 1 p. Enclosed, |
|
389. i. Merchants of Bristol to the Queen. By an Act of
Jamaica, Aug. 1705, a duty of 2s. 6d. a dozen was laid
upon bottled beer and cider, which amounts in effect
to prohibition and is a great discouragement to trade
and navigation, a lessening of the malt duty, a loss to
the severall tradesmen imploy'd therein, and tends to
lessening the value of the lands of England by hindering
the consumption of barley. Pray that the duty on
bottled beer etc. may be no greater than if it were
imported in cask (4s. a tun). Copy. 1 p. |
|
389. ii. Reasons for discontinuing the above tax. Copy.
1½ pp. [C.O. 137, 7. Nos. 26, 26.i., ii.; and 138, 11.
pp. 485–489.] |
| June 26. |
390. Sir H. Ashhurst to W. Popple. Commissioners of
Review proposed by Sir H. Ashhurst and W. Wharton [see June 10].
Signed, Hen. Ashhurst. Endorsed, Recd. June 26, 1706. 2 pp.
[C.O. 5, 1263. Nos. 116, 116.i.] |
June 26.
Whitehall. |
391. Council of Trade and Plantations to the Queen. Propose
as Commissioners of Review (see June 10), as New York is nearest
the land in question, and they no ways interested in this
controversy, 11 of the Council, 5 with Lord Cornbury to be a
quorum; and that the said Commission be passed gratis here,
and that it be signified to the Commissioners that the Mohegans
be not put to any expence whatsoever upon this occasion. [C.O.
5, 1291. pp. 411–413.] |
June 26.
St. James's. |
392. Order of Queen in Council. Approving preceding,
and ordering accordingly. Signed, John Povey. Endorsed,
Recd. Read July 5, 1706. 1 p. Set out, N. Y. Docs. IV. p 1178.
[C.O. 5, 1263. No. 119; and 5, 1291. p. 416; and 5, 1049.
No. 16; and 5, 1120. pp. 470–472.] |
June 26.
St. James's. |
393. Order of Queen in Council. Upon Attorney and
Solicitor Generals' report as to the Bahama Islands, presuming
that the House of Peers are the best Judges of their own privileges,
H.M. with the advice of her Privy Council doth not think fit
to give any further directions therein at present. Signed, John
Povey. Endorsed, Recd. Read July 5, 1706. ¾ p. [C.O. 5,
1263. No. 120; and 5, 1291. p. 417.] |
June 26.
St. James's |
394. Order of Queen in Council. Repealing 3 Acts of Barbados,
as proposed June 7. Signed, John Povey. Endorsed, Recd.
Read July 10, 1706. 2½ pp. [C.O. 28, 9. No. 49; and 29,
10. pp. 81–83; and 319, 1. pp. 68, 69.] |
June 26.
St. James's. |
395. Order of Queen in Council. Ratifying 9 Acts of
Barbados as recommended June 7. Signed and endorsed as
preceding. 2¾ pp. [C.O. 28, 9. No. 48; and 29, 10. pp. 77–80.] |
June 26.
St. James's. |
396. Order of Queen in Council. The matter of the Bahama
Islands is to be layd before H.M. for the taking care of the said
Islands at such time as H.M. other affairs shall permit, according
to the Representation of May 24, 1706. Signed, John Povey.
Endorsed, July 5, 1706. 1 p. [C.O. 5, 1263. No. 118; and
5, 1291. p. 415; and 23, 12. No. 69.] |
June 28.
Whitehall. |
397. Mr. Sec. Hedges to Governor Seymour. Encloses
further accounts of the Duke of Marlborough's successes in the
Netherlands and the King of Spain's in Catalonia, etc. Signed,
C. Hedges. Similar letters to Governors Dudley, Nott and
Lord Cornbury. [C.O. 324, 30. pp. 93, 94.] |
June 28.
Whitehall. |
398. Same to Governor Parke. Begins as preceding. We have
received the unwellcome news of what has befallen Nevis
and St. Christophers, but have reason to hope you need be under
no apprehension of hearing any more from the French this summer.
H.M. is very much concerned for the sufferings of her subjects
in those parts, and has been graciously pleased to take into
her consideration the doing of what may be necessary for their
immediate relief and future security, which you may take occasion
to lett them know, and in the mean time it is expected that you
do exert all your credit to help these miserable people to
subsistance, and to support and assist them as much as possible
till H.M. supplies arrive there. Signed, C. Hedges. Similar
letters to the Governors of Barbadoes and Jamaica. [C.O. 324, 30.
pp. 93–95.] |
June 28.
Whitehall. |
399. Same to Council of Trade and Plantations. Encloses extract of letter [see March 8] relating to the settling of Irish Papists
in Maryland. You will please to let me know how the Law
stands in that particular, and what you can propose as a remedy
to that growing mischief, that I may lay it before H.M. Signed,
C. Hedges. Endorsed, Recd. June 29, Read July 1, 1706. 1 p.
Enclosed, |
|
399. i. Extract of letter from Governor Seymour, March 8.
[C.O. 5, 716. Nos. 15, 15.i.; and (without enclosure)
5, 726. pp. 389, 390.] |
| [June 28.] |
400. List of Laws past by the General Assembly of
Pennsylvania, 1705. Endorsed, Recd. from Mr. Penn, June 28,
1706. 3½ pp. [C.O. 5, 1263. No. 117.] |
June 28.
Whitehall. |
401. W. Popple, jr., to Wm. Penn. According to your
request, I inclose following, which their Lordships desire you
will forward by the first conveyance. [C.O. 5, 1291. p. 413.] |
June 28.
Whitehall. |
402. Council of Trade and Plantations to Lt. Governor
Evans. Acknowledge letter of Jan. 19. We have sent the Acts
referred to to Mr. Attorney General, and so soon as we receive his
opinion, we shall write to you at large thereupon. We shall
expect the Laws you say the Assembly have past. You wou'd
have done wel, in the mean time, to have sent us a list thereof.
However, Mr. Penn having communicated to us such a list, we
cannot omit this opportunity of expressing our satisfaction of
your conduct in prevailing with the Assembly to pass the Act
for the support of the Government, which was so necessary. We
desire you will upon this and all occasions give suitable encouragement to those who have and shal appear most ready in H.M.
service, and in raising the necessary supplies for the support
of the Government, and who shal contribute most to the quiet
and safety of the Province. [C.O. 5, 1291. pp. 414, 415.] |
June 30.
Windsor. |
403. Mr. Secretary Hedges to Governor Sir B. Granville.
I have just received an account from My Lord Ambassador
Methuen, that the Portuguese army was marching to Madrid, etc.
We expect his next will bring the news that King Charles III is
proclaimed there. Signed, C. Hedges. [C.O. 324, 30. pp. 95,
96.] |
June 30.
Windsor. |
404. Same to Governor Handasyd. Sends above news
at greater length by flying pacquet to overtake the maile, not
doubting but you will make the best use of it to encourage the
Spanyards in the West Indies to take the same part, and not to
trust their estates or the Galeons in the hands of the French.
[C.O. 324, 30. pp. 96, 97.] |
