|
| March 1. |
789. The Queen to Governor Crowe. Warrant for the
admission of John Holder into the Council of Barbados. Countersigned, Sunderland. [C.O. 5, 210. p. 22.] |
| March 3. |
790. Sir H. Ashhurst to the Council of Trade and Plantations. In the Quakers' petition [Jan. 27], they have falsly recited
the powers in the Charter of Connecticott. There is not one
President of any laws sent over to the Queen or her Predecessors
since the said Grant, to confirm or disallow any Laws made in that
Colony. They give some scraps of Laws, without mentioning
what went before or followed after what they object against.
There are not above seven Quakers in that Colony. Prays for
delay, till an answer be received from that Government. Endorsed,
Recd. Read March 3, 1706/7. ½ p. [C.O. 5, 1263. No. 138.] |
March 3.
Whitehall. |
791. Council of Trade and Plantations to the Earl of
Sunderland. Enclose following. |
|
791. i. Council of Trade and Plantations to the Queen. Recommend W. Hilton and J. Smith for the Council of New
Hampshire. [C.O. 5, 912. pp. 318, 319.] |
| March 6. |
792. Governor Seymour to the Council of Trade and Plantations. Acknowledges letter of Feb. 4, 1706, which if it had
sooner come to hand, might have been done by the last fleet from
Virginia and Maryland. It was by a great chance I got severall
of my letters by the Greenwich, Capt. Jesson, for they were left
in a punch-house at Kiquotan in Virginia for near 6 weeks, and
by accident a gentleman of this Province happening to be down
there, to take leave of his friends bound for England in the Fleet,
which sayl'd not before Sept. 17, saw them and brought them
up to me, with many other pacquets from the merchants in
England relating to the trade here, which otherwise might have
layne untill this time. Att present I have only been able to
acquaint the Gentlemen of H.M. Councill with your Lordshipps'
letter, and upon perusal of the report and H.M. Order to re-enact
a Law for the further suspending the prosecution of Romish
Priests etc. (incurring the penalties of the Act of Assembly here)
until H.M. pleasure signifyed therein, the Councill did advise,
that whereas at this time the planters are very busye getting
in their cropps of tobacco, and the season of the year very late,
and that in regarde the Law now in force for such suspension
will not determine untill next year, when there will be a necessity
to meet the Assembly early in the spring, that then those H.M.
royal commands be layed before them to be answered by reenacting such Laws as H.M. has been graciously pleased to direct.
At which time also I shall, God willing, take their advice as to
the Quakers contributing to the charge of the Militia, and that
other important matter of itinerant Justices, towards which
the Councill and myselfe have only essay'd to forme some schemes,
tho not so correct as to render them worthy of being presented
to your Lordshipps. Your Lordshipps are pleased to inquire
by what authority I consented to the selling of two criminals,
to Barbadoes. As to Benjamine Celie, he was an outlyer and
associate of Richard Clarke, who for felony and treason stood
outlaw'd by Act of Assembly of this Province, and having been
taken and comitted to gaole, as both principall and accessary
in Clarke's treasons and felony, to witt, coining of money current
here by H.M. royal Proclamation, and riding armed in terror
of the good people, assulting the Constable in the execution
of his office, by the assistance of Humphrey Hernaman, who
confest he gave him a file, gott of his irons, and one Dennis
Macartee a burglar's, and above all the irons of one Nicholas
a French Indian christned by a Romish Priest, who was taken
and comitted for carrying away and scalping an English man
and woman on the frontiers of Potomeck, and had actually the
poor man's knife and pounch found upon him, the said Benjamin
Celie broke the prison, whereby all the prisoners wholy escaped,
but himself was happily retaken, and upon a fair tryall convicted,
and had judgment to dye: upon which the Assembly then sitting
prayed he might be transported to Barbadoes; and for as much
as the publique were at the charge of his imprisonment and
prosecution, and that there is an Act of Assembly directing
how the country shall be reimbursed the expence of such
criminall fees, to witt, by their servitude, H.M. Councill advised
that Celie should be sold for any terme not exceeding 7 years, in
order to reimburse the Province of the charge they had been at
upon his account. In June following, Humphry Hernaman
had his tryall, and confessing the fact, saying his mistress Rachel
Freeborne, Richard Clark's mother, had persuaded him to give
Celie the file, had judgment to be imprisoned during H.M.
pleasure. To prevent the charge of which imprisonment, the
Councill and myself considering that in case H.M. should pardon
him the imprisonment, yet by the Act of Assembly he was lyable
to make satisfaction to the country for the charge thereof, advised
that, as he had been guilty of aiding Celie to break prison, he
should be likewise sent along with him and sold for the same
terme, in order to reimburse the charge of his prosecution and
imprisonment, which was considerable, he having been convicted
on two other indictments in the Provincial Court. If I have
not acted so regularly as I should herein, I assure your Lordshipps
it has been altogether out of mercy and compassion, in favour
to life and liberty, both of them being young men, and not of any
sinister end. I understand Sir Thomas Laurence, H.M. Secretary
of this Province, who upon his going hence assured me of his
friendship and service, and whom I thought I had obliged not
only by my civility to his person but true reguarde for his interest,
as to his office, and comiseration of his unhappy circumstances,
has very unworthily represented me to some of your Lordshipps,
and other noble persons, and therefore because I would not
lye under the imputation of an ill-natured person, I begg your
Lordshipps will excuse the trouble of the inclosed Representation
from the Councill here, who having been upon the spott are best
sencible how well or ill I have deserved from that Gentleman.
I have lately received H.M. commands in favour of the merchants
whose shipps were intended for this country to load with Tobacco,
but might not happen to gett ready to save the Greenwich's
convoy, that I should suffer them to sayle as they could be ready
unless another convoy should offer in some convenient time,
which I shall take due care to complye with. That I may not
be thought negligent of the least of your Lordshipps' commands,
I presume to acquaint you I had sooner answered your recommendation in favour of Mr. Dummer and the pacquet-boats,
but that I thought it advisable to see how farr the Assembly
would contribute to promote so good a designe, and therefore
referred it untill their next meeting, tho I cannot adventure
to say with any greate expectations, considering how backward
I found them in settling posts. I received a letter from Sir C.
Hedges, May 16, confirming the welcome news of the glorious
victory etc., whereupon wee had a solemne day of thanksgiving
sett aparte, and renewed our rejoycing on that happy occasion
in the best manner wee were capable; by which all H.M. good
subjects here were made sencible of the great success which it
has pleased Allmighty God to bless H.M. and the Confederates;
But having no comerce with Jamaica, or the Spanish Settlements,
am not able to acquaint them therewith. But when ever I have
any opportunity, your Lordshipps may be assured of my ready
obedience. P.S.—I expected this letter would have saluted
you by the convoy to the mast-fleet, of which Col. Quary gave
me some hopes, but his expectations and myne too were frustrated
by their speedy departure. Very lately I have an account that
Benjamin Celie is returned to our neighbouring Province of
Pennsilvania, and have reason to believe Hernaman may be
there too. Signed, Jo. Seymour. Endorsed, Recd. June 30,
Read July 2, 1707. 6 pp. Enclosed, |
|
792. i. Representation of the Council of Maryland in answer
the Governor. (1) He has insinuated to sundry nobl
personages in England that H.E. hath put man
difficultys upon him, obliging him to give an unreason
able security to William Bladen for the payment of
Taylor's Bill with interest equal to the principal. H.E.
interposition in this matter was altogether in his favour
etc. (2) His complaint that H.E. and the Council had
put Bladen, an Attorney retayned against him, into
possession of all his fees and perquisites of office, is
only a colourable pretence of hardship etc. Deny
and refute other charges, etc. See Minutes of Council
Signed, Jno. Hammond, Edwd. Lloyd, Wm. Holland
James Sanders, Thomas Tench, Robert Smith, Will
Coursey. Endorsed as preceding. 4 pp. |
|
792. ii. Deposition of Mr. Bladen in support of preceding
Signed, Wm. Bladen. Endorsed as preceding. 3 pp. |
|
792. iii. Certificate of Mr. Bordley that he finds no record of
any order relating to Sir. T. Lawrence's or Mr. Carroll's
claims to the perquisites of the Land Office since H.E.
arrival. Signed, J. Bordley, Clk. Sec. Office. Endorse
as preceding. 1 p. [C.O. 5, 716. Nos. 28, 28.i.–iii.
and (without enclosures) 5, 726. pp. 446–453.] |
March 8.
Jamaica. |
793. Governor Handasyd to the Council of Trade and
Plantations. Acknowledges letter of Nov. 12, and Dec. 13
1706, etc. As to your Lops. taking notice that the several
Governors. of H.M. Plantations do enclose their letters for you
board to their respective Agents in London, etc., I can answer
for myselfe that whatever letters I have writt to your board
have been directed immediately to your Lops., and not put under
covert to any private person. I heartily thank your Lopps
for the care you have taken in relation to our recruits, and must
still begg the favour of you to interceed for me with the Gentlemen
Comptrollers of the Army, who I think deal harder by my
Regiment than I ever knew done to any, they not allowing the
dead men's pay for the recruiting of my Regiment as other
Regiments have. The objections they make to it seem chiefly
to be because I have not according to the rest of the arms
mustered compleat. My Lords, I take my case to be quit
different, we being so far distant from England, have not a
opportunity of sending over officers to raise recruits, the
have so many hazards to run, besides that in raising them, for
no man will list to come to Jamaica, so that there is no way
can think of to recruit my Regiment but by draughts out of
others, and in case I should muster my Regiment compleat,
H.M. and her Generalls might reasonably believe I have 800 men
when I have but 500 men to defend the Island, by which means
the Island may be lost if any attempt should be made by the
enemy, and I loose my honour, which I value above all the world.
And for these weighty reasons I have never admitted one man
to be mustered but what was alive and upon the spott, and did
always beleive the dead men's pay was safer in H.M. Treasure
to pay for such recruits as were sent me than in any man's hands
that I could employ. My Agent tells me that the twopences
for every dead man must be stopt out of the Captain's subsistance
or arrears, altho every recruit that is sent must have cloathes
bought for him, as well as these that are actually in the Regiment;
if so, I must acquaint your Lops. that they had better send
so many black Boxes for every Captain to strangle himselfe
according to the custom of the Ottoman Government, ffor it is
as much as they are able to do to support themselves like Gentlemen
with H.M. pay, and the allowance of the country, without any
such severitys being put upon them; and since it cannot be
supposed that I had any other designe in not mustering compleat,
but that H.M. and the Generall Officers should know the true state
of my Regiment, I hope neither myselfe nor the Gentlemen
under my command will be sufferers thereby. Your Lorps.'
favour in getting my officers an order for a draught of 300 men
out of other Regiments, and that they may be paid for out of
the dead men's pay, and be allowed for them as H.M. shall think
fitt, I earnestly request, for fear any attempt should be made
against the Island, we having advice of a French Fleet in the
West Indies, all line of battle ships. The Captain of the packettboat gives an account that on Jan. 19 he saw 18 sail of large
ships in the latitude of 37, 200 leagues West from the Lizard,
steering to the South Westward, one of which had a Flagg on
the main top masthead, which we suppose to be the Fleet now
in these parts, and by advice from the Spaniards is commanded
by Monsr. du Casse. If their designe is against this place they
shall find that we will not part with the honour of H.M., and
the welfare of Old England, while we are able to hold a sword
in our hands, and I doubt not but care will be taken to send speedy
succours. The Spanish Galleons are in so bad condition that
there cannot above six of them leave the West Indies, very few
Spanish merchants will venture their mony in them, and the
pretended King has not much to receive. Here has been lately
a great alteration made in the Spanish Governments, those
Governors who were supposed to be in the interest of King Charles
are turned out, and their places supply'd by others in the French
interest. Sir John Jennings sailed for England Feb. 25, three
days before the packett boat arrived. The reception he met
with from the Spaniards was very cold, as he will fully inform
your Lorps. on his arrivall, they having lately received news
from Old Spain of great success the Duke of Anjou's arms had
over those of King Charles. Our Assembly, after sitting 5 months
and some days, was prorogued, and upon their prorogation was
dissolved, that their creditors might have an opportunity of
recovering their just debts, but the chief reason was their pretending to have power to adjourn themselves for weeks or months
as they thought fitt without leave from me, which never was
before known in these parts, and thinking it an entrenchment
on H.M. Royall prerogative, did therefore shew my resentments
by dissolving them, which I hope will be approved of. I do not
know what methods to take with the next Assembly, unless H.M.
will lay Her commands on them not to tack severall Bills together,
for notwithstanding my shewing them H.M. orders to me not
to pass any Laws of an extraordinary nature, yet, to the Quartering Act for this year they have tack'd severall other Laws that
I should never have pass'd but to preserve the soldiers from
starving, and they have often refused any conference with the
Councill on them, calling it a Mony Bill (tho in my opinion it
is not properly so) which your Lorps. will see by the Minutes
of the Council. One Bill which they called an Explanatory
Act, the Councill rejected, another they called Fee Bill I rejected
till H.M. pleasure is known, there being sufficient Laws made
for 21 years for regulating all Fees of Offices, but their reason
is that the proffitts should be so small that no English man shall
be able to hold any office, that they may get all into the hands
of the Creoles, tho not many of them are qualified for such
imployments, but will be able to support them by their estates
till they have an opportunity of altering the Laws to their own
advantage. The Grand Court is now sitting and has brought
before it near 900 causes, which number exceeds a third part
of the white people in the Island, H.M. Forces excepted, by which
the ill temper of the people is plainly seen. The squadron of
men-of-warr under Commadore Kerr is in health, as is the Island
in generall, but very thin of people. Our trade with the Spaniards
is very dull, as well for the want of goods, as on account of the
noise of a French Fleet being in these parts. I send the Acts
of the last Assembly with the Minutes of the Councill and
Assembly. I have a certain account that the Galleons cannot
be in a readiness to sail in less than six months etc. Signed, Tho.
Handasyd. P.S.—I did endeavour to have a state made of the
Fee Act, but find I cannot have time. One observation I shall
make, that where it has been since the settling of the Island
5l. for every naturalization, they have reduced it to nothing,
and likewise every pardon; For every Act they pass, the Queen
is to pay out of the Treasury 20s., tho they would not admitt
any man to take an oath relating to the payment of his QuittRent, which would have been a great advantage to the Treasury,
yet they are willing to take all they can from it. There is not
any mony in the Treasury, nor has myselfe nor any officer,
that is paid out of it, received a penny these twelve months,
it being a great part of their policy to make H.M. believe they
are very poor. Endorsed, Recd. 24th, Read 29th April, 1707.
5 pp. [C.O. 137, 7. No. 42; and 138, 12. pp. 79–83.] |
March 11.
Whitehall. |
794. Council of Trade and Plantations to Governor Handasyd.
Acknowledge letters of Oct. 25, Nov. 19 and Dec. 27, 1706. We
approve of what you writ to the Spanish Governors upon the
attempt made by the French upon Nevis and St. Christophers
of the designs of the French in those parts; and we doubt not,
by what you write, but it will be of service to H.M. and the King
of Spain. We are glad you are satisfy'd to continue at Jamaica
till H.M. shall think fit to relieve your Regiment, and we assure
ourselves that your continuing there (considering your knowledge
of the people and your zeal for H.M. service) will be of advantage
to that Island. We have laid before H.M. by a Secretary of
State what you have writ us about the want of recruits for your
Regiment, and of men for Commadore Kerr's squadron, so that
you may expect to hear of H.M. pleasure upon those particulars.
You will have percieved by our letter of Dec. 13, that the Act
to provide an additional subsistance etc. has been repeal'd, and
in that you will also conclude that your behaviour with relation
to the Scotch and other foreigners has been approv'd. And
as to Scotch men, that distinction will now cease, by an Act
pass'd here for an entire union of the two Kingdoms. We think
you are much in the right to refuse the passing the three Acts
you mention Nov. 19, 1706, as derogatory to H.M. royal
prerogative, and we have only to advise you to continue to be
watchfull upon all occasions, that you do not give your assent
to any Acts, which may in any wise interfere with H.M. prerogative, or may be prejudicial to H.M. service and the good of
the Island. We have recommended Mr. Ayscough and
Mr. Stewart to H.M., to be of the Council etc. We hope by your
present management the Assembly will be brought to a better
temper than hitherto they have been, and that they will shew
their duty to H.M. by granting the officers and souldiers such
quarters as may be proper, that they may not be expos'd to the
ruin of their health for the want thereof. [C.O. 138, 12. pp. 66–69.] |
March 11.
Whitehall. |
795. Council of Trade and Plantations to Col. Sharp,
President of the Council of Barbados. Acknowledge letter of
Nov. 28. We observe what you write of your intentions to
swear Mr. Raynes Bate of the Councill in the room of Mr. Merrick
deceased. But as we have been informed that he is an Agent
of the African Company, we send you a clause of the Act to
settle the trade to Africa, whereby you will perceive that all Factors,
Agents etc. for the said Company are prohibited from being
Judges in the Plantations, under the penalty of 500l. And
whereas Counsellors in Barbadoes are Judges in cases of Equity
and Error, you should have taken care that nothing be done
therein contrary to Law. As you have been without doubt
inform'd of the death of Sir B. Granville, and of H.M. having
appointed Mitford Crow, Esq. to succeed him in that Government.
We expect his arrival with you before this letter, so that you are
then to assist him in H.M. Councill for the better carrying on
H.M. service under the present difficulties, especially those
relating to paper money, which you own to be so destructive
of trade and of the credit of the Island. [C.O. 29, 10. pp. 400,
401.] |
March 11.
Whitehall. |
796. Council of Trade and Plantations to Governor Parke.
Acknowledge letters of Oct. 5, and 31, and Dec. 9. We have
laid before H.M. your want of stores and a man of war, and your
account of the sickness at Nevis; upon all which you may expect
directions, when any determination is had thereupon. In the
meantime, you will have perceived by our letter of Dec. 19,
what care has been taken in providing and sending stores of
war for the Islands under your Government. We think it will
be for H.M. service that you move the respective Assemblies
to settle a salary upon an Attorney General, out of levies to be
raised in each respective Island. And we take notice that neither
the Attorney General or Sollicitor General of Barbados have
any salary from hence. We informed you Dec. 13, that we
had represented to H.M. our opinion that Col. Hamilton be
confirmed Lieut. Governor of Nevis, and Col. Lambert, Lieut.
Governor of St. Christophers, according to your desire; but as
yet no determination has been had thereupon, Col. Smith being
likewise a candidate for Nevis. We have sent to the Attorney
General what you writ us upon Mr. Pogson's killing Col. Johnson,
for his opinion what H.M. may fitly do in that matter, we being
sensible of the barbarity of that murder, and as soon as we receive
the same, we shall lay it before H.M. Your putting Major Panton
and Mr. Willet into the Councill of St. Christophers is not pursuant
to your Instructions, for you are required thereby not to admit
any into the Councill, till it happen that there be less than
7 residing upon the Island; and as it appears by our lists (a
copy whereof is here inclosed) there were 10 Counsellors when
these two persons were appointed, which ought not to have
been done. We desire therefore that your Instructions may
be your guidance in all future occasions of the like nature. The
article of your Instructions which requires you to send over a
list of the names of 6 persons to supply vacancies that may
happen in the respective Councills, is to be understood that you
are to send the names of 6 persons whom you shall esteem the
best qualifyed for that trust. So that we cannot conceive any
difficulty in your complying therewith, and therefore we shall
expect the said list accordingly. And whereas you say you
would have turned out the Justices that were of Mr. Pogson's
Jury, and Pogson too, we may acquaint you that you have power
to displace Justices, if you see cause, transmitting to us your
reasons for so doing, as you will find in your Instructions. P.S.—Having under our consideration the Acts passed at Antigoa
and St. Christophers for your house rent, we conceive that, as
well in respect of some faults in the drawing, as for that the
summs thereby given are too great, those Acts are not proper
for H.M. approbation. By the Antegoa Act (as it is penn'd)
you may continue to claim the summe thereby given, in case
it should happen that you reside upon that Island, tho you cease
to be Governor, and the St. Christopher's Act being made for
the time of your Government, you may also claim the sugar
given therein, tho' you do not actually reside upon that Island.
As to the summe, you may take notice that the Governor of
Barbados has but 300l. sterling per annum allow'd for house
rent, and we expect that a proportionable allowance be your
measure. [C.O. 153, 9. pp. 463–467.] |
March 13.
London. |
797. Mr. Dummer to Mr. Popple. Sailings of the King
William packet-boat. Out and home, Liverpool to Barbados
and Plymouth, 112 days. Nothing extraordinary comes from
thence, saving a generall opinion that the Spanish galleons will
not stir from Cartagena till better advices from Old Spain or
orders from King Philip, whom they declare to owne; that
there hath been no silver brought from Lima to Panama, nor
no goods from Cartagena to Porto Bello; that the galleons are
unrigg'd, laid up, and would not be ready in 8 months, whensoever they went about it. Sir John Jennings and Commodore
Kerr were upon the coast of Cartagena, when the packet-boat
came away (i.e. Jan. 30). Signed, E. Dummer. Endorsed,
Recd. March 15, 1706/7. 1 p. [C.O. 323, 6. No. 29.] |
March 13.
Whitehall. |
798. Council of Trade and Plantations to the Earl of
Sunderland. Enclose following to be laid before H.M. Annexed, |
|
798. i. Council of Trade and Plantations to the Queen. Upon
Lord Cornbury's proposal, recommend that William
Lawrence be removed from the Council of New York,
and that Col. Wm. Peartree be appointed in his stead.
[C.O. 5, 1121. pp. 16, 17.] |
| March 14. |
799. W. Popple to Sir John Cook, Advocate General.
Encloses extracts from Governor Dudley's letter relating to
drift whales (Feb. 1), and the Justices invading the Admiralty
in those parts. The Council of Trade and Plantations desire
your opinion what may be done therein as soon as possible,
their Lordships designing to write to him by the ships now upon
their departure for America. [C.O. 5, 912. pp. 319, 320.] |
March 15.
Victualling Office. |
800. Commissioners of the Victualling Office to the Council
of Trade and Plantations. Enclose following. Signed, Tho.
Colby, Ken. Edisbury, Tho. Bere, Tho. Reynolde. Endorsed,
Recd. Read March 18, 1707. 1p. Enclosed, |
|
800. i. Extract of letter from Major Lloyd to the Commissioners
of the Victualling Office, Newfoundland, Nov. 18, 1706.
I found that Lt. Moody had disposed of the bread,
which the pursers had reckoned not fit for the service,
to the inhabitants in the time of their extremity, for
which they paid him at the rate of 40s. per cwt. and
for the 11,000 and odd hundreds of meal at the rate of
16s. per bushel, so that he has left none of the bread
nor meal, tho his bills were answered by your Board
in England, by his pretending to have bought bread
here to make good the same, which I do assure you
he did not, but says he had 6,000 weight of bread in
the harbour, which the French burnt, Jan. 21, 1704/5,
whereas he drew his bills on you Oct., 1704, etc.
1½ pp. [C.O. 194, 4. Nos. 23, 23.i.; and 195, 4.
pp. 377–379.] |
