|
[? Feb.] Barbados. |
740. Wm. Cleland to the Council of Trade and Plantations.
I represented to the late Governor and Councill and the Generall
Assembly att my arrivall from England what I had observed
there might be necessary for them to do for the peace and good
Government of the Island, in particular the repealing of the
Act concerning grants, and of clauses in an Act about the ffreedom
of Elections, which, I believe your Lordships are acquainted
before this tyme, are done. The President has not yet communicated to the Councill your Lordships' letter concerning the Act
establishing a paper credit, and concerning St. Vincent's, therefore,
tho' wee had a good oppertunity (with the assistance of Sir John
Jennings' Squadron) to do some service in the last, we have
hitherto been able to do nothing in these things. And tho wee
are told Instructions are sent hither by the last packet about
the said Paper Act, yet the President has communicated no part
thereof to the Councill. I was not upon the Island when that
Act past, and constantly endeavour'd since I came hither that
that Law might be either repealed or amended, but private
animosities and intrests has hitherto prevented it, and now
a repeale of that Act is come over as I am informed there is in
my opinion for want of money, and barter being as the state of
the Island now is impracticable, great fear that inhabitants
and trade will be much injured, etc. My reasons for concurring
in passing the Trienniall Bill are, that about 6 years ago, when
I departed this Island, the heats and annimositys which annually
happen'd upon elections were very great, but since they are
much increased, insomuch that before the last Governor left,
at which tyme the Act past, there were great tumults which had
very ill appearance, and therefore it was the said Law past the
Governor, well knowing that H.M. had therein resolved
[? reserved] to herself a power to dissolve and call Assemblys
as often as shall seem proper, so that H.M. has the remedy
ready, etc. The bones of contention amongst the inhabitants
are (1) The chief commands of the Militia, for which tho the
officers have no pay, yet they are ambitious of the character
of commanding their neighbors, and also sometymes of easing
themselves of the burthen of answering the Act of Militia.
(2) Then there are officers in the Civill power, such as Judges,
Justices of Peace, and the like, tho they bring litle profitt, yet
they by corruption too often bring some, and these places also
are nurseries of the people's vaine expectation. (3) But that
which is the great bone of contention is the office of Treasurer;
it was that which begun our late contentions, and is the only
valuable place in the Island H.M. has not already settled by
patent. There are many jealousies of misapplication of the
public money, which I think can only be prevented by the Councill
Generall Assembly Committee of Publick Accounts, the Treasurer
and Comptroler takeing an oath every tyme they are admitted
to their trusts, etc. I have been advised that there has been a
complaint before your Lordships against me by one Burgus.
I have not influenced that matter any way whatsoever, but
have lett it take the free current of the Law, and beside I had
some tyme since come to an agreement in that affare, but which
was broake off but not on my part, and now very lately wee are
come to a finall conclusion thereof, and the whole matter in
question is but 23 acres. I suspect that these complaints have
been encouraged from the violence of some men concerned in
a party etc. etc. Signed, Wm. Cleland. Endorsed, Recd. Read
March 19, 1706/7. 3 pp. [C.O. 28, 9. No. 98; and 29, 10.
pp. 424–429.] |
[Feb. 3.] |
741. Extract of letter from Sir C. Hedges to Governor
Parke, Aug. 1st, 1706, directing him to reside at Nevis. Endorsed,
Recd. Read Feb. 3, 1706/7. 1 p. [C.O. 152, 6. No. 71; and
153, 9. p. 439.] |
Feb. 5. Kensington. |
742. Order of Queen in Council. The Lord High Treasurer
is to do as proposed Jan. 29 touching provisions for Newfoundland. Signed, John Povey. Endorsed, Recd. Read Feb. 12,
1706/7. ¾ p. [C.O. 194, 4. No. 19; and 195, 4. p. 372.] |
Feb. 5. Kensington. |
743. Order of Queen in Council. The Lord High Admiral is
to give directions as proposed Jan. 29 touching convoys and
provisions for Newfoundland. Signed and endorsed as preceding.
1 p. [C.O. 194, 4. No. 20; and 195, 4. pp. 372, 373.] |
Feb. 5. |
744. E. Jones to the Council of Trade and Plantations.
Lt. Governor Bennett having refused me copies of complaints
against me, obliged me to apply to the Assembly, who gave me
only copies of former complaints, which were fully answered
(1704, etc.). Prays for copies of new complaints. Signed,
Ed. Jones. Endorsed, Recd. Read Feb. 5, 1706/7. 1¾ pp. [C.O.
37, 7. No. 36.] |
Feb. 5. Whitehall. |
745. Council of Trade and Plantations to the Earl of
Sunderland. H.M. having some time past directed us to treat
with Mr. Penn in order to his surrender of the Proprietary
Government of Pennsylvania, and his other claims and
pretensions of government to the adjoyning territories, and
to report the same to H.M., for her further directions thereupon,
we have accordingly received from him divers proposals, and
having endeavoured to bring him to such terms as should be
most advantagious to H.M. service; upon the whole we humbly
offer that, whereas in regard to the memory and merit of the
Father of Mr. Penn in divers services (and as Mr. Penn alledges)
in consideration of a debt of 16,000l. due to him from the Crown
at the date of his Letters Pattents, a charter of the Proprietary
Government of Pennsylvania was granted by King Charles II
to him and his heirs, containing many large and ample priviledges,
immunities and liberties, which in our humble opinion are
capable of being extended to the diminution of the Royal
Prerogatives of the Crown, and which if reunited to the Crown,
from whence they were originally derived, by a voluntary
surrender of the said Charter, wou'd be of great use and benefit,
and conduce to the obtaining of these ends following:—To the
establishment and maintenance of H.M. more immediate
authority in that Province; To the more speedy and impartial
administration of justice to all persons, tho under different
perswasions in religious matters; To the more regular carrying
on of a legal trade in those parts, conformably to the several
Acts of Parliament made in that behalf; To the better security,
protection and defence of H.M. subjects in that Province, as
well against intestine dissentions, as against a foreign enemy.
And finding in Mr. Penn a ready concurrence and disposition
upon fit encouragements to make such surrender, we take leave
to represent, that upon consideration of his case, it appears
to us that Mr. Penn, with great expence, many risques and
dangers, both to his Person and Fortune, with continued Pains
and Industry, and by the help of his own Personal interest, hath
in great part accomplished a very difficult undertaking, by
cultivating and improving what before was a Desolate Wilderness
into a well peopled Colony; which by an increase of trade, as
appears by the accounts of the Custom-house, dos yearly bring
an additional revenue to H.M., for effecting of which public
work he hath much impaired and diminished his own private
fortune not having had time enough hitherto to reap the proffits
of his forepast charge and labour, and the returns which have
been made him not countervailing in any reasonable degree
his many expences. And whereas Mr. Penn hath often attended
us with certain proposals of terms and conditions, previous to
his surrender, some of which we cou'd not approve of, and tho
we are satisfied that he hath deserved an equitable consideration
of his expences and services, and that his surrender, as is before
mentioned, may be a valuable benefit to the Crown, yet we are
humbly of opinion that such surrender ought to be absolute
and unconditional, including a renunciation of all right, claim
and pretension, as well to the Government of Pennsylvania,
as to that of New Castle and the two Lower Counties, the whole
to be stated and drawn up in such form and manner as by H.M.
Council, learned in the Law, shal be advised. As to the quantum
to be given Mr. Penn in consideration of the surrender of his
Government, and in recompence of his services, we humbly
conceive it will be best to submit both to H.M. royal grace and
goodness, and we find in Mr. Penn a ready disposition so to do.
6 pp. [C.O. 5, 1233. No. 53; and 5, 1291. pp. 439–442.] |
Feb. 5. Kensington. |
746. Order of Queen in Council. The Earl of Sunderland,
Secretary of State, is to prepare the Commission of Review
[Jan. 28, 29] for H.M. signature. Signed, John Povey. Endorsed,
Recd. Read Feb. 12, 1706/7. 1 p. [C.O. 5, 1263. No. 134;
and 5, 1291. p. 444.] |
Feb. 6. Virginia. |
747. President and Council of Virginia to the Queen.
Congratulatory Address upon the successes of H.M. arms in
Brabant, Flanders, Spain and Savoy. Signed, E. Jenings,
Presidt., Hen. Duke, John Smith, W. Churchhill, James Blair,
Philip Ludwell, jr., Wm. Bassett, Dudley Digges, Benja. Harrison,
Robert Carter. 1 p. [C.O. 5, 1341. No. 7.] |
Feb. 6. |
748. J. Tucker to Mr. Addison. Encloses pacquet from
Bermuda, addressed to Sir Charles Hedges [? Dec. 30, 1706],
to be put into my Lord Sunderland's hands, etc. Signed,
J. Tucker. 1 p. [C.O. 37, 28. No. 3.] |
Feb. 7. Whitehall. |
749. Council of Trade and Plantations to the Earl of
Sunderland. Encloses Memorial from merchants trading to
Newfoundland relating to prisoners that have been or may be
taken in those parts. [C.O. 195, 4. p. 368.] |
Feb. 7. |
750. Mr. Dummer to W. Popple. Sailings of the Frankland
packet-boat. Out and home, 103 days. Sir J. Jennings arrived
at the Leeward Islands about Dec. 8. Signed, E. Dummer.
Endorsed, Recd. Read Feb. 8, 1706/7. Addressed. 1 p. [C.O.
323, 6. No. 26.] |
Feb. 7. |
751. An account of the sailing of H.M.S. Warwick. Ordered
Feb. 20, 1705/6, to prepare for an eight months' voyage to Newfoundland, the Captain received orders to sail on Feb. 27, but
could not obtain gunners' stores till March 25, when the ship
being unable to take in all her bread, he was obliged to delay
to get freight for it. April 1—May 8 he was delayed by contrary
winds with the Newfoundland and Virginia trades, as were also
the West India squadron and Sir Stafford Fairborne's squadron.
Endorsed, Feb. 7, 1706/7. 2½ pp. [S.P. Naval, 7, under date.] |
Feb. 9. Barbados. |
752. Col. Sharpe to the Council of Trade and Plantations.
Refers to letter of Jan. 2. Since which, in persuance of their
former resolutions, the Council took into consideration whether
Col. Holder had been legally appointed a Counsellor by Sir B.
Granville, the many errors which might ensue from his acting
in such a station requireing a speedy determination. The
Councill were of opinion that Sir Bevill haveing nominated
Col. Holder when there were 8 Members of the Council upon the
Island, had therein exceeded the powers granted to him, and
that Col. Holder, so illegally appointed, should be removed from
the Board. At the same time, I did myself the honour of transmitting to your Lordships the many addresses I had received
from near 2,000 inhabitants of this Island, praying for a dissolution of the then Assembly, continued beyond their usual time
by the Triennial Bill, as also the opinions of Mr. Cox and
Mr. Walker, the only Members of H.M. Councill who would
attend their duty, together with that of H.M. Attorney General
and Councill at Law, that a dissolution only could restore the
quiet of this Colony, and that by the Triennial Act the Commander
in Chief had full power of himselfe to dissolve. I did then also
honour myself with sending a coppy of the Proclamation and
writ issued upon the same opinions for a dissolution of the old,
and calling a new Assembly accordingly, duplicates of all which
your Lordships are now troubled with. In obedience of which
writs a General Assembly was convened, against the several
Elections which Col. Cleland and Col. Holder, with some very
few others seduced by them, protested, and after some of them
preferred a petition to the Council against the same, which was
declared false and seditious, and upon the return day of the
said writs, the Members elected by virtue of the same were, by
the unanimous opinion of the Councill, Coll. Cleland also
concurring, called in, sworne and order'd to proceed as an
Assembly. Notwithstanding which so solemn decision of that
affair, Col. Cleland and Col. Holder again prevailed with the
same persons, and a few others added to them, to present a
Petition to the Assembly so elected, in the nature of a protest
against their Proceedings, and as it were, to terrifie and detir
them from acting as an Assembly. The reason of which is plain,
they were affraid the Assembly should proceed upon the late
paper credit, which these persons and the interest of Col. Holder,
which they espoused, were too deeply involved in, ever to admit
any scrutiny or amendment therein. The Assembly, after
considering this Petition, came to several resolutions relateing
to the Petitioners, and in a more especial manner to Col. Cleland
and Col. Holder, and addressed the Councill to concur with them
in the same, authentick copies of all which I transmit. One of the
writs was by Law directed to Col. Holder, who refused to publish
or execute it, and yet in their Petition to the Assembly, insists
upon the non-publication and execution of that very writ as
an argument to make void the General Election, tho that omission
lay wholly at his own door. The Councill have appointed
to-morrow to take into consideration the Address of the Assembly
upon those resolves, as also some other things, and severall
depositions accuseing Col. Holder of an arrogant expression
uttered by him at the late Court of Oyer and Terminer, and
comparing his authority to that of her most sacred Majesty;
when, I hope, such measures will be fallen upon as may promote
the general peace of this place. The Council thought fit to
displace John Sandford and John Dorne from all places civil
and military, for their insolence to and assault of the late Chief
Justice of the said Court on the Bench, and in the room of
Mr. Sandford, have sworne Jno. Milles Judge of the Bridge Court.
Thomas Merrick, one of H.M. Council, being lately dead,
Mr. Rayns Bate has been sworne in his room, and James Colleton,
a Member also of H.M. Councill, being dead, the Rev. Samuell
Beiresford, Rector of St. Michael's Parish, has been sworne in
his place. The Captain of this pacquet informing me he fell
in with a squadron of large ships consisting of 18 sail, one of
which carryed a flag, and other letters from Europe adviseing
of such a French squadron sail'd for the West Indies, I immediately
sent out a sloop to acquaint Capt. Camock thereof, who had a
few days before sail'd with all the ships of warr here, being 4,
in quest of the merchant ships, which sail'd under his convoy
from Ireland, but were separated by bad weather, adviseing
him to return hither for the defence of this place in case of an
attack from the said squadron, as also for the security of H.M.
ships against them. I have also order'd a sloop to the coast
of Martinique and to Tobago, for advice, and from whence it is
most probable we shall be invaded. I shall forthwith call a
Councill of War, and shall in conjunction with the Council omit
no care that can contribute to the preservation of this place
on any such event. I am under great concern, that notwithstanding my constant endeavours to serve H.M. and Predecessors
as a Councellor here for near 20 years, to the general satisfaction
of this Island, many endeavours should yet be now used to misrepresent me, etc. I have now received H.M. royall approbation of some Acts, and repeal of others, etc. The peaceable
possession of negroes etc. is of the greatest importance to us,
and we must accomodate it according to the directions from
your Lordships. It was extreamly unhappy to this place that
Col. Lilly, H.M. Engineer here, should be ordered to Antegoa
at this juncture. Refers to enclosed Minutes of Councill, and
regrets that he be taken away before Castle St. Ann be finished,
a worke that has cost us so much pains and mony, and cannot
(I beleive) be perfected without him. Encloses Minutes of
Council and Assembly, and an Act we have past pursuant to
H.M. royal commands, touching the late unhappy Paper-Credit,
as a necessary preliminary to it. As also answers to the
remonstrance and protests of some of the Members of H.M.
Councill here, whose great interest in secureing the continuance
of the Paper Act has carried them beyond all bounds, and been
the only occasion of all the heats and differencys of the Island,
which otherwise I had brought to a perfect peace and union.—And have (notwithstanding their endeavours), I thank God,
effected beyond all imagination; for excepting Col. Cleland,
all the Councill and the Assembly are now under such a harmonious
agreement as has never been known nor expected for many
years past. I presume to fling myself upon your Lordships
for protection. Signed, Wm. Sharpe. Endorsed, Recd. 24th, Read
29th April, 1707. 3 pp. Enclosed, |
752. i. Deposition of Capt. Vring. On Jan. 19 he sighted
18 sail in latitude 37°., one with a flag. Signed, Nathl.
Vring. Endorsed, Recd. April 24, 1707. 1 p. |
752. ii. Copy of Col. Sharpe's Speech to the new Assembly
of Barbados. See Minutes of Council and Assembly.
Endorsed as preceding. 2¾ pp. |
752. iii. Answer to the protest of some Members of Council
against the dissolution of the Assembly. Same endorsement. 3¾ pp. [C.O. 28, 10. Nos. 1, 1.i.–iii.; and
(without enclosures) 29, 10. pp. 455–467.] |
Feb. 9. Barbados. |
753. Col. Sharpe to the Earl of Sunderland. Repeats gist
of proceding letter. Signed, Wm. Sharpe. Endorsed, R. June 1st.
4 pp. [C.O. 28, 43. No. 19.] |
Feb. 10. Barbados. |
754. Col. Cleland to the Council of Trade and Plantations.
I arrived here on July 4, so that it was impossible for me to be
concern'd in the Paper Act. When, a few days after my arrivall,
the Kingsayle brought in two prizes, which I as Agent to Prizes
set up to be sold for silver, and declared it would be an hardship
for H.M. and the Captor to be affected by that law. Upon many
occasions I did advise the Government either to repeal or amend
the Law, etc. Since the departure of the late Governor there
has been great disturbances here. I did all that lay in my power
to prevent them, but a president Government can hardly succeed
better etc. Repeats charges against Col. Sharper etc. Signed,
Wm. Cleland. Endorsed, Recd. Read May 16, 1707. Holograph.
3¼ pp [C.O. 28, 10. No. 5; and 29, 10. pp. 479–483.] |
Feb. 10. Whitehall. |
755. Council of Trade and Plantations to Lord Sunderland.
Enclose extract of letter from Virginia (Oct. 26, 1706) relating
to French prisoners, to be laid before H.M., with our humble
opinion that it may be for H.M. service that directions be given
in that manner that the French prisoners taken in America,
either by the Queen's ships or otherwise, shall be subsisted and
disposed of for the future; and that the Commissioners for
exchange of prisoners do settle a fitting establishment for that
purpose, as also that the Government of Virginia be reimbursed
the charge they have been at in subsisting these prisoners. [C.O.
5, 1362. p. 99.] |
[Feb. 11.] |
756. A Book of Entries of Land on the South side of Blackwater Swamp and other papers relating thereunto 1702, 1703.
Endorsed, presented to the Board by Col. Nicholson. Recd.
Read Feb. 11, 1706/7. 43 pp. [C.O. 5, 1315. No. 41.] |
Feb. 11. Whitehall. |
757. W. Popple to Mr. Attorney General. The Council
of Trade and Plantations send you enclosed. Upon the perusal
of which their Lordships observe that the said tryal has been
managed with great partiality and in an undue manner, and so
as may in other cases be of evil example. Col. Johnson had
been Commander in Chief of the Leeward Islands, and was at
the time of his death, Lieut. Governor of Nevis, and the said
Pogson has since the tryal absented himself. Their Lordships
therefore desire your opinion what further proceedings may
be had therein, on H.M. behalf, for the loss of her subject, who
at the time of his death bore so considerable a character there.
Enclosed, |
757. i. Extract of letter from Governor Parke, Oct. 31, 1706.
1 p. |
757. ii. Copy of trial of Mr. Pogson. Duplicate of No. 559.ii.
6 pp. [C.O. 152, 7. Nos. 2, 2.i., ii.; and (without
enclosures) 153, 9. p. 458.] |
Feb. 12. Whitehall. |
758. W. Popple, jr., to Wm. Lowndes. By enclosed survey
it appears that there was remaining in Sept. last near upon two
years' provisions for the garrison in Newfoundland. But whereas,
since that time, the Council of Trade and Plantations have not
been certainly informed what quantity of good provisions is
now remaining there, they think it safest that H.M. order already
given for the next year's provisions be nevertheless complied with,
lest the garrison be reduced to want. And in the meantime
the Board has it under their care that the Commodore of the
Convoy going thither be directed upon his arrival to inspect
the whole stores and provisions as well in regard to their quantity
as to their goodness, and to return an account thereof to this
Board. But they conceive that it is necessary that this state
of the provisions be sent to the Victuallers of the Navy, that
they may know how to proportion the provisions for the future,
and that directions be given that whatever overplus there may
be, may be disposed of, as may be most convenient for H.M.
service. Annexed, |
758. i. Commodore Underdown's Account of provisions
remaining in Newfoundland Sept. 20, 1706. [C.O. 195,
4. pp. 368–371.] |
Feb. 12. Whitehall. |
759. Council of Trade and Plantations to the Earl of
Sunderland. Enclose letters from Governor Parke [? Oct.,
Dec., 1706], to be laid before H.M. for her pleasure thereupon,
pa ticularly with relation to the great want the Leeward Islands
are in of stores of war, men and ships for the defence thereof.
Also an Address from the Lt.-Governor, Council and Assembly
of Antigua. [C.O. 153, 9. p. 459.] |
[Feb. 13.] |
760. Commander in Chief and Captains of H.M. ships of
war to the Council of Trade and Plantations. We have enquired
into Mr. Jackson's charges against Major Lloyd (Jan. 16, 1705/8).
The people unanimously declare them false, except as to the
hiring of the soldiers, which was done upon the petition of the
commanders of merchant ships. The soldiers were willing,
in order to provide themselves for the winter, and always worked
within beat of drum. Signed, Jo. Underdown and 4 others.
H.M.S. Faulkland. Oct. 8, 1706. Endorsed, Recd. 13th, Read
18th Feb., 1706/7. 1 p. Enclosed, |
760. i. Certificate that the signatories of following Addresses
have declared it to be their own voluntary act. Signed
as preceding. 1 p. |
760. ii. Commanders of merchantships and inhabitants of
Newfoundland to the Council of Trade and Plantations.
Praise Major Lloyd. 101 signatures. Endorsed as
above. 1 large p. |
760. iii. Inhabitants of Consumption Bay to the Council of
Trade and Plantations. Praise Major Lloyd. 40 signatures. Same endorsement. 1 large p. [C.O. 194, 4.
Nos. 21, 21.i.-iii.] |
[Feb. 13.] Bermuda. |
761. Lt. Governor Bennett to Mr. Popple. Encloses following, through Mr. Noden, made Agent for this country. The
Assembly desiring us to transmit our opinion with it, wee were
all of opinion that to continue that method of loading and
unloading would be destructive to the poor and ruin to the
merchant etc. The Council pray their Lordships' resolutions
thereon, which would be very acceptable to the people, who are
impatient to know what to trust to. Our sentiments and opinions
on this remonstrance would have been sent more regular, if the
Council could have been perswaded to sit and doe business, if I sent
for the Secretary to act as Clark, which when I propose, on all
occasions they unanimous desire to be excused and to withdraw,
nor is it possible for H.M. to make choice of a qualified Council
that will sit, if Capt. Jones officiates in that post, the whole
Country is soe much against him etc. Dated, Bermuda, Oct. 19,
1705. Signed, B. Bennett. Endorsed, Recd. from Mr. Noden,
Feb. 13, Read March 14, 1706/7. Holograph. 2 pp. Enclosed, |
761. i. Assembly of Bermuda to Lt. Governor Bennett. The
Lords Commissioners' directions to you not to allow
any ships to load or unload except in St. Georges or
Castle Harbour, would inevitably ruin the generall
part of the inhabitants. We pray you to transmit
your Excellency and Council's opinion thereon. Your
Excellency hath allways been ready to concur in whatsoever might be for the good of the Islands. What
manufacture this Island ever hath produced, hath been
tobacco, which hath in great manner decayed within
these few years; whatsoever else produced here is
provisions (which is not half neither what's eaten),
and also cabbages, onyons, and straw were; and were
it not for our small vessells which carryes out such
produce and brings in provisions and other necessaries,
these Islands could not subsist. Pray for like privileges
as the neighbouring Plantations, to load and unload
in any place, which cannot in any part be far from
St. Georges, these islands being much subject to storms,
and there being no passable wayes for carts the carriage
of provision will be impossible, etc. Altho' some wicked
persons have endeavoured to perswade their Lordshipps
that these Islands are inhabited by a stubborne and
ill-tempered people, wee hope to shew the contrary,
and allwaye continue to be H.M. most faithfull subjects
etc. Signed, Francis Jones, Speaker, in behalfe of
himself and ye house. Sept. 4, 1705. Endorsed,
Recd. Feb. 13, 1706/7. 1 large p. [C.O. 37, 7. Nos.
43, 43.i.; and (without enclosures) 38, 6. pp. 243,
244.] |
Feb. 14. |
762. Arthur Freeman to the Council of Trade and Plantations. Prays for the confirmation of an Act of Antigua impowering Robert Freeman, decd., and his wife Mary, to sell lands
bequeathed to her by her father John Slicer. She having since
married one Perne, he threatens the purchasers with law-suits,
pretending the law was not confirmed, and would so ruin the
infant heir, Robert Freeman. Endorsed, Recd. Read Feb. 14,
1706/7. [C.O. 152, 6. No. 76; and 153, 9. pp. 460, 461.] |
Feb. 15. Monks Hill in Antigua. |
763. Governor Parke to the Council of Trade and Plantations. The people of these Islands are under very great
apprehensions the French designes to attack some one or all
of them. I have been these three months at St. Christophers,
endeavouring to fortify that Island which is the most capable
of it of any; I was three times at Nevis, and gave directions
for placing the gunns Sir J. Jennings brought, the People of
Antegua expecting to be first attacked, sent to desire me to
come up, accordingly I came the first instant, some time before
a spy that was put on shore came in and discovered that the
French expected at Martinico a strong squadron, and that they
designed to attack Antigua; I sent out the Sheerness to look
into Gaurdilupa and Martinico, she brought me the news of
5 saile of men of war that were arrived, one of them gone to
Leeward with some merchant ships, the other 4 are at Martinico;
Indians at Domineco informed the Captain that the French
that came there to trade informed them that they expected
a Great Fleet, when they were arrived they designed to take
Antigua and the rest of these Islands. Upon which the Councill
and Assembly of this Island addressed me to send for the few
soldiers that were in the other Islands, which I did because I
concluded that Antigua being the windermost and much the
richest Island wou'd be first attacked; if they pass this Island,
I hope I shall be able to throw myself into either Nevis or
St. Christophers with the few troops I have, tho' God knows
they are in a bad condition to expect any service from them;
I shall hardly be able to procure arms for them, and great part
of them sick and lame; I don't think there will be 120 fitt to
doe duty; never was any regiment soe used; they have been
in these Islands, they tell me, about five years, and in all that
time there has been noe recruits sent, nor no arms, nor till this
year any cloathes. I had a petition given me at St. Christophers,
signed by the three Companies there, complaining they had
not received any pay since they came, I sent for their officers
and asked them the reason, they informed me that the Collonell
not sending any cloathes, they were forced to lay out their pay
to purchase them, and their pay wou'd not doe it, some of the
men produced accounts for cloathes, where they were charged
14s. for a pair of shoes that cost in England 3s., and everything
else in proportion, the officers complained as much as the soldiers
that they were paid here and allowed but 15 per cent. for difference of mony, whereas the difference from merchant to
merchant was 51 to 60 (I myself had 60 for money in England)
by this article the Collonell gets 35 per cent. at least of all
the money of the regiment besides the cloathes. I think the
Collonell ought to make good every man's pay to him, since
he stops soe much for cloaths, and since the officers were
forced to buy cloaths for them here, he ought to pay for them,
for it was his own fault he did not buy at the first hand, and
they ought alsoe to be supplied with arms. If the people here
had not been very kind to them, they must all have starved,
what service can be expected from men thus used; severall have
deserted, four went off to a privateer upon bark loggs. Upon
the sending this regiment to these Islands, there was an
order from the Queen that the Commander in Chief should upon
the death of an officer fill up ye vacancy, which accordingly I
have done, but Col. Whetham I find intends to have them
superceeded. I have filled up all vacancys with the next in
Commission, I had no reward or present from any, the Major
dying, I made the eldest Captain Major, and the CaptainLieutenant Captain, the eldest Lieutenant Captain-Lieutenant,
the eldest Ensign Lieutenant, and two Serjeants that have served
long in the regiment, I made Ensignes, I made but two new
officers and those Ensignes, one is Mr. Ryley's son, of the Excise,
the other Mr. Mitchell's son of Surry, both very pretty Gent.
and a creditt to the Regiment. Col. Johnson made one Ensign
which was a Serjeant, but Col. Whetham got him superceeded
and sent over a poor creature to be an Ensign, I wou'd not have
hired to be my footman, he confesses he gave Col. Whetham
70 guineas for his Commission. The Collonell had the regiment
given him to come over to it, he did, but soon got leave to return,
and has never been with it since, had he been obliged to live
here, the clamour of his own men and the People would have
obliged him to have used them better; the cloathes sent out
this year never cost 30s. the mounting, they are almost all worn
out already, and not a sufficient quantity sent, there is a whole
mounting kept to be produced if occation, one of the Ensigns
that I made was killed upon service in the Swan, 'tis very
unreasonable that a Gent. shou'd serve perhaps 6 or 8 months
and venture his life severall times and at last be superceeded.
I think it my duty to inform your Lordpps. of this affair, that
it may be laid before the Queen, that the poor soldiers may have
justice done them, and the Officers their just due. I hope your
Lordships will see that they be redressed. there are severall other
complaints against the Collonell here, as false musters etc.,
for my part I expect as soon as they have an oppertunity they
will desert. I am at Monks Hill fortifying of it as well as I can,
I have been as it were encamped ever since I came, the People
seem to be cheerfull, tho' they expect the enemy. I hope if
they do come, I shall doe my duty, tho' I have received noe
sallery yett, and my Agent writes me word there will be none
paid till the 4½ per cent. has paid for the stores sent, which perhaps
may not be in two years. I am in a very great hurry, therefore
I hope your Lordships will pardon my not obeying your orders;
I shall do it if the French will give me leave in the next. Signed,
Daniel Parke. Endorsed, Recd. 24th, Read 29th April, 1707.
7 pp. [C.O. 152, 7. No. 3; and 7, 1. No. 15; and 153, 9.
pp. 480(b)–486.] |
Feb. 15. Monks Hill, Antigua. |
764. Governor Parke to [? the Earl of Sunderland]. Congratulates him on his appointment and repeats part of preceding.
We are in a very bad condition to receive the enemy, the
inhabitants fitt to bear armes not quite 800, etc. Col. Whetham
lives at his ease in London, and getts more money by this Regiment than any five Collonells that have been in the Battles of
Blenheim and Rammalies, etc. Signed, Daniel Parke. Endorsed,
Recd. April 24. 5 pp. [C.O. 7, 1. No. 14.] |
Feb.17[n.s.]. Curacoa. |
765. Mr. Aneau to Mr. Gautier in Jamaica. Desires him
to forward letters to Holland. There is an embargoe laid here,
on account of ye news we have here that there is expected 16 sail
of men of war and 4 brigandeens laden with provisions and
ammunition, which are fitting out at Rochefort. This news
came by 4 shipps of war arrived at Tobago, each of which has
on board 300 soldiers with their arms, etc. We have the same
account from a saylor, who was on board one of those French
ships and was since taken on board a bark with 20 soldiers. One
of those men of war was dispatched to Martinico, to know if the
Fleet was arrived, and the said Frigat returning brought advice
to the shipps that were at Tobago, that they were daily expected.
The sd. sailor also says that the expedition was against this
Island and Jamaica, so that you will do very well to be upon
guard, as we are in this Island, the which is in very good condition
to make a vigorous resistance. Signed, Aneau. Copy. 1¾ pp.
[C.O. 137, 45. No. 86.] |
Feb. 18. Whitehall. |
766. W. Popple, jr., to Mr. Solicitor General. Encloses,
for his opinion in point of law, an Act of Antigua, 1700, to enable
Robt. Freeman etc. (See Feb. 14.) [C.O. 153, 9. p. 462.] |
Feb. 18. Whitehall. |
767. W. Popple to Mr. Heysham. Encloses Col. Sharpe's
opinion on the Act of Barbados for establishing credit, for his
observations thereupon. [C.O. 29, 10. p. 398.] |
Feb. 19. Whitehall. |
768. Council of Trade and Plantations to the Earl of
Sunderland. Enclose following to be laid before H.M. Annexed, |
768. i. Council of Trade and Plantations to the Queen. Having
receiv'd news from Governor Handasyd, that he wants
300 men to compleat his Regiment, we think it our
duty to represent that it highly imports your Majesty's
service that these recruits be hasten'd over for the
defence of that Island. Since the expiration of the
late Act of Assembly for quarters and additional
subsistance for the officers and soldiers there, Col.
Handasyd has been using his endeavours to induce
the Assembly, to make a new Act for that purpose,
and is now in hopes of prevailing with them. Recommend Mr. Ayscough and Mr. Stewart for the Council of
Jamaica. [C.O. 138, 12. pp. 64–66.] |
Feb. 19. Whitehall. |
769. Council of Trade and Plantations to Lord Sunderland.
Press for H.M. Order concerning a convoy for Virginia (see
Dec. 20, 1706), it being very necessary that the inhabitants of
that Colony, as well as the merchants here, be informed of H.M.
intentions … in a matter of so great importance to the Revenue
and the Tobacco Trade. [C.O. 5, 1362. pp. 100, 101.] |
Feb. 19. Admiralty Office. |
770. J. Burchett to W. Popple. Asks for Heads of Enquiry
for Newfoundland, the men of war bound thither having their
orders to proceed. Signed, J. Burchett. Endorsed, Recd.
Read Feb. 20, 1706/7. Addressed. 1 p. [C.O. 194, 4. No. 22;
and 195, 4. p. 374.] |
Feb. 20. Whitehall. |
771. W. Popple, jr., to Josiah Burchett. Encloses Heads
of Enquiry in reply to preceding. The Council of Trade and
Plantations desire that the Commodore may return his answer
relating to the fishery according to the enclosed scheme.
Annexed, |
771. i. Heads of Enquiry for the Commodore at Newfoundland.
Same as 1706, with addition:—You are upon your arrival
to inspect the whole stores and provisions as well in
regard to their quantity as quality or goodness, and to
return a particular account to the Commrs. of Trade of
the disposal of the double quantity of victuals for the
soldiers sent in 1705, as also of those sent in 1706, and
of what shall be remaining at your arrival, etc. [C.O.
195, 4. pp. 374–376.] |
Feb. 20. Kensington. |
772. Order of Queen in Council. Convoys ordered for
Virginia and Maryland in accordance with Representation
of Dec. 20, 1706. Signed, John Povey. Endorsed, Recd. Read
Feb. 24, 1706/7. 1 p. [C.O. 5, 1315. No. 44; and 5, 1362.
pp. 108, 109.] |
Feb. 20. Kensington. |
773. Order of Queen in Council. Referring following to
the Council of Trade and Plantations for their report. Signed,
John Povey. Endorsed, Recd. Read Feb. 25, 1706/7. ¾p.
Enclosed, |
773. i. Petition of S. Vetch, J. Barland and R. Lawson to
the Queen. Petitioners being your Majesty's loyal
subjects of Massachusetts Bay were in June last unjustly
accused before the General Court etc. as in following.
Petitioners, relying upon their innocency, were desirous
to be brought to their tryalls in the establish'd course
of Justice, but the Assembly, instigated by the clamours
and threats of a multitude of people, to take the said
accusation under their own enquiry, Petitioners, after
30 days' imprisonment, were by advice of the Governor
prevailed on to submit to their Judicature. The said
Court immediately passed an Act for imprisoning
petitioners without bayle or mainprise untill the next
Meeting of the Assembly in Aug. following, when the
Attorney Generall of that Province exhibited articles
of impeachment against petitioners for high misdemeanour, and for want of a full legall evidence to
convict them, the Assembly, overaw'd by the same
unruly multitude, assumed an exorbitant power not
warranted by their Charter, and proceeded to impose
extravagant fines upon them by several Acts of Assembly,
which are transmitted to your Majesty. Pray to be
heard against the said Acts before H.M. declares her
royal pleasure therein, and for such further relief as
shall seem meet. Copy. 2 pp. |
773. ii. Case of S. Vetch. Dureing the late peace he traded
to Cannada, and has from thence bills of exchange to
800l. value payable in France, which were not paid
before the present warr commenc'd, but the merchant,
his debtor in Cannada, sent him word, that he would
pay his debt in merchandize of that country, when any
oppertunity should offer. In 1705 the Governor of
Cannada sent one Cartemash to the Governor of
New England to treat about the exchange of prisoners,
but Cartemash's Commission impowering him to treat
only for such prisoners as were in the hands of the
French, and not for such as were in the hands of the
Indians, the Governor and Councill of New England
thought fitt to send one back with Curetmash to treat
with the Governor of Cannada for the prisoners taken
by the Indians. Vetch, speaking French very well,
was pitched upon to goe. He acquainted the Governor
and Councill with the debt due to him at Cannada,
and offered to accept the imployment without any
reward upon condition they would permitt him to
bring back the value of his debt in beaver, which they
readily consented to. Vetch and Curtemash sett sail
with a fflagg of truce in July, and arrived at Cannada
in August, where Vetch executed his commission and
agreed with the Governor of Cannada to forbear all
hostilitys on the frontiers of New England till the last
day of Feb. following, and entred upon a further Treaty
for a totall cessation of armes between those two
Governments, which the Governor of Cannada expected
a confirmation of, from the Governor and Councill of
New England, before the end of Feb. Vetch received
his debt in beaver; but before he could ship it off a
new Intendant arrived from France, with orders that
noe beaver should be shipt from Canada, but in French
ships directly bound for France, and the beaver was
stopt from being put aboard; but his debtor told him
that if Vetch would meet him in May, 1706, at Little
Cancer (a place about the midway between Quebeck
and Boston) and bring with him some merchandize
proper for the Indian trade and fishing, he would bring
his debt in beaver. The forbearance of hostility on
the Frontiers till the Feb. 28, which the French observed
inviolably, saved the country 10,000l., as their Commissary acknowledged, besides the lives of many
inhabitants there, who might otherwise have been
destroyed, and the Governor and Councill were soe
sensible of it, that they very much applauded his good
conduct and gave him their thanks. Vetch acquainted
the Governor of the disappointment he had mett with
about his debt, and the proposall made to him by his
debtor, and his designe of going to fetch it at the time
appointed, which the Governor seemed to think reasonable, because it should be noe injury to H.M. interest
to have her subjects' effects out of the enemies' hands,
and those effects would produce customes to the Crown.
In April, 1706, Vetch hyred a small sloop of the
petitioners, Borland and Lawson, upon Charter party,
and caused a small cargoe proper for the Indian trade
and ffishing to be put on board. Borland and Lawson
were not otherwise concern'd therein then as owners
of the vessell and agents for Vetch to ship his goods.
The vessell was entred for Newfoundland because
Little Cancer is noe port, and within the limitts of the
New England Charter, lying in Arcadia, or Nova Scotia,
and inhabited only by straggling Indians, who never
had any warr with the English. Vetch sett sail in
Aprill, and arrived at Little Cancer upon the day
prefixt, and stay'd there 20 days in expectation of the
merchant from Canada; but he did not come; and
the weather proving very stormy, Vetch was obliged
in his returne to put into some harbour in Nova Scotia
every night for safety, his vessell being but about 20 tuns
burthen. The Indians and a Frenchman or two, who
had marryed and lived amongst them, seeing the sloop,
offered to truck some ffurrs for blanketts, rum and
drop shott, which the smallness of his vessell and of its
crew (it consisting but of 5 men), obliged him to
comply with at severall places, lest they should, upon
his refusall, have fallen upon him, but the whole goods
he barter'd for, did not exceed 50l. He brought back
all the rest of the goods he had carryed out, and arriving
at Cape Anne in New England, he put the ffurrs he
had traded for, and the rest of his goods in a boate
and went for Boston. Att his arrivall there he found
the General Court, or Assembly, sitting, and the people
of the country in a great fferment, on the following
occasion. The Governor and Councill had neglected
to send a proper person to Canada to conclude the
Articles concerted between the Governor of Canda
and Vetch, 1705, for a totall cessation of armes between
the two Governments., but only sent a country ffarmer,
who was not master of the language, nor of address
suitable to that character, and without any orders
to agree to such cessation. This exasperated the
haughty French Governor, who to shew his power
to doe mischeif, gave liberty to the Indians under his
command to fall upon the English ffrontiers, which
they did, and destroyed severall familys. The news
of this incursion arrived at Boston a little before Vetch
return'd, and because he had been at sea, on the coast
of Nova Scotia in the way to Canada, tho the Indians
he had bartered with there were not the Indians that
fell upon the ffrontiers, but lived 1,000 miles distant
from New England, the multitude accused him to the
Generall Assembly of having supply'd the French and
Indian enemies with goods. He was summoned before
the House, to whom he frankly related the whole
matter, and after answering some few questions, was
dismissed upon giving 1,000l. security to appear when
required. About 4 dayes after, without further
examination of him, he was committed to the common
prison by a warrant from the Speaker, for being
vehemently suspected of tradeing with the French
and Indian enemies. Then the Assembly sent for
Borland and Lawson, who gave soe frank an account of
the whole truth that the House dismiss'd them with
thanks for their candour, yett, within a few dayes following, they were likewise committed to the common goal.
Dureing their confinement, their sloop and cargoe of
500l. value were condemned in the Court of Admiralty,
without suffering them to make any defence, or allowing
them an appeal from the sentence, tho they demanded
both. Repeat preceding. The Assembly examined as
witnesses the master of the sloop and two of the mariners,
whom the mobb had terrifyed with great threats, but
their evidence, tho stretch'd and improv'd to the
utmost, was soe deficient, that to gratifye the mobb,
who kept them in awe, the Generall Court proceeded
to convict the petitioners by Acts of Assembly, and
to fine Vetch in 200l., Borland in 1,100l., and Lawson
in 300l. besides costs. This violent proceeding arose
from their ffear of the mobb, who instigated by a
party, enemies to the Govermt., scatter'd about papers,
threatening to cutt them in pieces, unless they would
hang up those who were accused of tradeing with the
French. As a testimony that these Acts were not the
result of their judgement, but of their ffear, it was
proposed by the Assembly before they pass'd the Acts,
to send Vetch as their Agent to Canada, and after they
had pass'd the Acts, it was proposed in both Houses
to send him their Agent into this Kingdome, to endeavour, after an Union of England and Scotland, to procure
a body of Scotts to settle in Nova Scotia. The Governor
was frighted into an assent to these Acts, by the threats
of the mobb to pull down his house, and accusing him
as a party concern'd, but he ordered the ffines should
be paid into the publick Treasury, and not to be disposed
of till H.M. should signifye her pleasure therein. 3 pp.
[C.O. 5, 864. Nos. 89, 89.i., ii.; and 5, 912. pp. 234–247.] |
Feb. 20. Kensington. |
774. Order of Queen in Council. Referring following to
the Council of Trade and Plantations. Signed, John Povey.
Endorsed, Recd. Read Feb. 25, 1706/7 ¾ p. Enclosed, |
774. i. Petition of William Rouse, Ebenezar Coffin and John
Philips, Mariners, of Boston, to the Queen. Pray that
the Acts of the Massachusetts Bay, inflicting fines
upon them upon suspicion of aiding the French and
Indians, as in preceding, may be repealed. Copy.
3½ pp. [C.O. 5, 864. Nos. 90, 90.i.; and 5, 912.
pp. 247–252.] |
Feb. 20. |
775. Col. Jenings to the Council of Trade and Plantations.
H.M. commands permitting ships not ready for the last convoy
to sayle without has given mee the oppertunity to acquaint
your Lorps. with the peaceable state of the country, etc. The
certaine knowledge of ye glorious victoryes obtained by H.M.
arms haveing not long reached this Government., gave us not the
oppertunity of soe early addressing as others; As soon as I
could have the Council meet, a day of Thanksgiveing was
appointed and observed, and since they have humbly addressed
H.M. etc. This winter season has hitherto proved mild, and
being soe farr advanced, hope the extremity is over, wch. truly
is happy for the poore planters, who are in the most want of
cloaths and ye fewest goods in the country that I ever knew;
the apprehensions of wch. caused the inhabitants of four countys
on the south side of James River to betake themselves cheifly
to makeing woollen and linnen, and can supply many familys
besides there own, wch. gives great encouragemt. to others.
Here is not any advice of the arrival of the ffleet that sayled
in Sept., wch. makes the Traders and inhabitants uneasy, six
of the ffleet haveing recd. damage was forced back by stress of
weather, and gave a dismol account of others, etc. Signed,
E. Jenings. Endorsed, Recd. 22nd, Read 27th Aug., 1707.
Holograph. 2 pp. Enclosed, |
775. i. Congratulatory Address of the President and Council
of Virginia to the Queen, upon the victories in Brabant,
Flanders, Spain and Savoy. Feb. 6, 1706/7 Signed
by the President and 9 of the Council. Endorsed as
preceding. 2 pp. [C.O. 5, 1315. Nos. 68, 68.i.; and
(without enclosures) 5, 1362. pp. 256, 257.] |
Feb. 21. Nevis. |
776. Lt. Governor Hamilton to the Council of Trade and
Plantations. It is now almost five months since Generall Parke
commanded me to come up and take care of this ruinated Island,
which I did with a great deal of chearfullness, etc. Ever since
I came here I have hardly been able to make up a sufficient
number of either Gent. of the Councill or Assembly (by reason
of the great sickness that has attended this Island ever since
the French left it, I suppose occasion'd by the hard fair, as to
their diett, bad lodging and the unusuall cold blustring rainy
weather wee have had for these five months past) so was
uncapable to proceed upon any public bussyness, except what
was done voluntary by the well disposed people; upon the death
of Phineas Andrews, and the absence of Col. Daniel Smith,
Azariah Pinney and Thomas Minor, John Smargin being
bedridded, and Thomas Butler refuseing to serve, all of the
Councill; which, I acquainted the Generall with, and desired
some other might be appointed in their room to prevent further
delays in public bussyness, who order'd me to swear Thomas
Belman, Lawrence Brodbeld and James Milliken, Esqs., all three
(I think) as good men as any H.M. has within this Island, therefore
could wish your Lordships would order them to be confirmed
in the Council. Wee begin to mend as to our health thro' out
the Island, and shall do my utmost to proceed upon publick
bussyness as fast as possible our mean circomstances will permitt
us; wee have now order'd a detachment of negros out of the
few wee have left to go on to repair the publick works, and have
under consideration the raiseing of a small tax for the defraying
of the encueing charges. I formerly wrote your Lordships from
St. Christophers the necessity of having a certain number of
souldiers fixt to each Island, for without it noe Lieutenant
Governor can be answerable, they being constantly remov'd
at the discretion of the Generall or Commander in Cheif for the
time being, for I have not one of the Queen's regular troops now
in this Island, all being carry'd up to Antigua, so that I have
none but a handfull of almost spiritles people left with which
the best officer or souldier in the world could do but very little
or nothing; also I recommend to the consideration of your
Lordships the sending of an Ingineur, which if I had for some
time, I would ingage to make Charles Fort with the hills call'd
the Bath, and Wignalls Hill (and if well provided) tenable longer
then an enemy would be willing to stay, etc. Sir J. Jening landed
here in December last 20 pieces of ordnance, which are all mounted
in Charles and Black Rock Forts, with powder, ball etc.
proportionable, cartridge paper excepted, which he had none to
spare, nor I can gett none for any mony, likewise 150 musketts.
Only one of H.M. bounty ships arriv'd with provissions for the poor
of St. Christophers and this Island, the rest missing; the Speedwell
friggatt not come as yett, still a cruising to windward in hope
of meeting with said store ships. Wee are under mighty
apprehention of a squadron of French men of warr under
Monsieur du Cass, which it's said are dayly expected in these
parts, etc. Signed, W. Hamilton. Endorsed, Recd. 28th April,
Read May 3rd, 1707. [C.O. 152, 7. No. 4; and 153, 9. pp. 489–492.] |
Feb. 22. Kensington. |
777. The Queen to the Governor of Barbados. Whereas
Manuel Menasses Guilligan has by his petition humbly represented
unto us that for many years past he has been an inhabitant of
St. Thomas and afterwards of Curassaw and traded with the
Spanish plantations, in which trade he has met with discouragement from the privateers of Barbadoes and the Government
there; but having obtained our Gracious Letter for his discharge
and Our High Court of Admiralty having ordered the restitution
of his goods, he intends at present to return to Barbadoes and
to settle there, and conceives he may be usefull in promoting
the Trade of our subjects with those of the Spanish West Indys
aforsaid. We therefore command you to suffer him peaceably
to dwell there, and to trade as above-mentioned, and afford
him all due encouragement, etc. Coutersigned, Sunderland.
[C.O. 5, 210. pp. 20, 21.] |
Feb. 24. Whitehall. |
778. Council of Trade and Plantations to the Lord High
Treasurer. Enclose Office accounts, Midsummer and Christmas,
1706. [C.O. 389, 36. pp. 321, 322.] |
Feb. 24. Whitehall. |
779. W. Popple, jr., to Mr. Davenant. Desires an account
of the pitch, tar and rozin imported from the Plantations since
Sept. 29th. [C.O. 5, 912. pp. 233, 234.] |
Feb. 24. |
780. Mr. Noden, Agent for Bermuda, to the Council of
Trade and Plantations. Prays to see the charges against
Mr. Jones. Signed, Cha. Noden. Endorsed, Recd. Read
Feb. 24, 1706/7 ½ p. [C.O. 37, 7. No. 37.] |
Feb. 24. Whitehall. |
781. W. Popple, jr., to Lord Baltimore. I am commanded
by the Council of Trade and Plantations to send your Lordship
the inclosed paper for your writing to Maryland thereupon, as
your Lordship may see proper, and to desire that your Lordship
will be pleas'd to let them have your answer to the first head
contain'd in the said paper. Annexed, |
781. i. To know how many Irish servants have been carry'd to
Maryland within 3 or 4 years last past. They were
promis'd a free toleration. They make proselytes of
Protestant servants. William Hunter and Robert Brook
to be sent out of the Province. [C.O. 5, 726. pp. 415,
416.] |
Feb. 25. |
782. Mr. Wharton to Mr. Popple. Encloses following, to be
presented when the petition of Vetch and Lawson (Feb. 20)
comes to be read. Prays for notice. Signed, Wm. Wharton.
Endorsed, Recd. Read Feb. 27, 1706/7. Addressed. Sealed. 1 p.
Enclosed, |
782. i. Mr. Wharton to the Council of Trade and Plantations.
Vetch, Lawson and Boreland were highly guilty. Prays
in behalf of several gentlemen that they may be heard
on the matter. Signed, Wm. Wharton. 1½ pp. [C.O.
5, 864. Nos. 92, 92.i.; and 5, 912. pp. 254–256.] |
Feb. 25. Whitehall. |
783. W. Popple, jr., to Wm. Borrett. By order of the
Council of Trade and Plantations, I send you here inclosed a
letter for Mr. Solicitor General, upon letters they have receiv'd
from Coll. Seymour, H.M. Governor of Maryland, relating to
Papists, and to irregular proceedings of the Jesuites there. Their
Lordships desire that you will procure his opinion thereupon
as soon as possible, some ships being now ready to sail for Maryland, and a determination thereupon being absolutely necessary.
Annexed, |
783. i. W. Popple, jr., to Mr. Attorney General. Whitehall,
Feb. 25, 1706/7. The Council of Trade and Plantations
again (see July 2, 1706) desire you will let them know
as soon as possible whether H.M. may not direct her
Governor of Maryland to issue a Proclamation directing
the two Jesuites, mentioned in enclosed extract from
Gov. Seymour's letter (Aug. 21, 1706), to withdraw
out of that Government by a stated day. [C.O. 5,
726. pp. 416, 417.] |
Feb. 27. St. James's. |
784. Order of Queen in Council. Referring to the Lord
High Treasurer for his opinion the Representation of Jan. 14
touching the 4½ p.c. in Barbados. Signed, John Povey.
Endorsed, Recd. Read March 3, 1706/7. ¾ p. [C.O. 28, 9. No.
92; and 29, 10. p. 399.] |
Feb. 27. Bermuda. |
785. Lt.-Gov. Bennett to Mr. Popple. A vessell touching
in here from Virginia, bound to Barbados, gives me the oppertunity
of acquainting you that yesterday I received letter of Aug. 30, etc.
with enclosures, including copies of letters from Mr. Nelson and
Mr. Jones (June, 1706), both which I doubt not but to answer
to satisfaction. What I conceive is meant most mischievous
in Mr. Jones his letter is in his 18th paragraph, whereby he would
insinuate great imbezelments have been made of H.M. stores,
which I hope makes noe impression; for I have a better regard
for my life and reputation than to be guilty of such a crime,
besides, he does not charge me knowingly, but as he is informed:
methinks he being (as he says) sworn to preserve H.M. stores,
ought in consideration of such his oath, and as being one of H.M.
Patent officers, to have immediately come and acquainted me
when he had been soe informed. True it is, I have lent to severall
vessells outward bound a barrell of powder when none has been
to be bought, and have taken the Masters' and owners' obligation
to returne it again, which I concluded was for H.M. service,
for the powder sent here from the Tower is old, all the barrells
being mark't with King James his marke, and when that has
been return'd in which was soe lent, I ordered it to be opened
and inspected. As for Capt. Nelson his rediculous account of
passages which he says is convenient for H.M. service should
be known, I say, true it is, that a vessell did goe with prisoners
to Martinique, but doe not know nor believe she brought back
any French commodities as he alledges, for when she arrived,
the searcher went on board and made returne, he could find nothing
but a few bottles taken in for sea store, and as for my goeing
for a tast, I solemnly protest I never was on board that sloop
in my life; but if I had gone with that company he mentions
and had tasted plentifully, I hope it cannot be thought it could
have influenced us (as he calls it) to have stript and exposed
ourselves to the sailors; neither was I ever at any such mirth
as dancing naked. Sir, I am advised from Barbados that by
the packet boat that arrived there in Nov. last, I had letters
which were put on board a sloop bound heither, which ffoundered
att sea, the men saveing themselves in their boat, and went
back to Barbados, being about 5 leagues from thence when the
vessell sunk. I mention this to intimate that if any letters
were sent to me between the dates of their Lordship's of May 31
and Aug. 30 (being the latest date I have received) or of any
date to November, they I conclude miscarryed as before. I
shall not add any more now, but refer my answere to all allegations and complaints against me to my letter to their Lordships,
which I am preparing, etc. Signed, Ben. Bennett. Endorsed,
Recd. 2nd, Read 5th June, 1707. Holograph. 3 pp. [C.O.
37, 8. No. 10; and 38, 6. pp. 268–271.] |
Feb. 27. |
786. Remarks upon the trials of Mr. Vetch etc. Recd.
from Mr. Vetch, Read Feb. 27, 1706/7. 1 p. [C.O. 5, 864. No. 93.] |
Feb. 27. Whitehall. |
787. W. Popple, jr., to Mr. Borret. Encloses letter to Mr.
Attorney General, enclosing Orders of Council, Feb. 20, and
papers relating to the case of Vetch and Rouse. The Council
of Trade and Plantations desire your opinion, (1) Whether
the Governor, Councill and Representatives of the Massachusets
Bay, which together compose the General Assembly, have a
power granted them by Charter to try and punish by fine offenders
in case of misdemeanor, and that without verdict of Jury, but
immediatly by themselves in their Legislative capacity, and by
Acts or Laws made in their Assembly after the offences committed. (2) Supposing that a power is granted them by Charter,
whether is it unlimitted and arbitrary without a salvo contenemento,
or whether the fine to be imposed is to be moderated and restrained
to the condition, circumstances and abilities of the persons
offending. For example, in the present case, Rouse is fined
1,200l., which is alledged to be more than he is worth, and if he
should be detained in prison till he has paid his fine, he must
lose his liberty during life. (3) Whether it will be advisable
for H.M. to confirm the aforesaid Laws, the like whereof have
never been enacted heretofore in that Province, lest the introducing and establishing such a new precedent be attended with
dangerous consequences and inconveniences for the future in
that and the other Plantations. (4) In case H.M. shall think
fit to repeal those Acts, and consequently vacate the fines imposed
by them, whether may not the offenders be tryed over again
in the ordinary course of Law, either by Commission of Oyer
and Terminer, or by some other method, and what will be the
best method for bringing to condign punishment such as by a
legal tryal shall be found guilty of the crime they are charged
with, which is no less than trading and corresponding with H.M.
declared enemies. [C.O. 5, 912. pp. 257–261.] |
Feb. 28. Custom-House. |
788. Account of pitch, tar and rosin imported from the
Plantations, Michaelmas—Christmas, 1706. Pitch and tar:—London 186 last, 8 barrels. Outports 152 last, 9 barrels.
Rozin:—35 cwt. 1 qr. Signed, Charles d'Avenant. Endorsed,
Recd. Read March 3, 1706/7 ¾ p. [C.O. 5, 864. No. 163.] |