|
Nov. 1.
Kensington. |
1173. H.M. Warrant granting Henry Lowe, Councillor
of Jamaica, leave of absence for a year. Countersigned, Sunderland.
Endorsed, Recd. Read Dec. 3, 1707. 1 p. [C.O. 137, 7. No. 66;
and 137, 45. No. 89; and 5, 210. pp. 68, 69; and 138, 12.
pp. 182, 183.] |
Nov. 3.
Whitehall. |
1174. Council of Trade and Plantations to the Earl of
Sunderland. Enclose, for H.M. signature, Instruction to Edmond
Jenings, President of the Council of Virginia, as to the devolution
of the Government. (Cf. Oct. 31.) [C.O. 5, 1362. pp. 264–266.] |
Nov. 3.
Whitehall. |
1175. Council of Trade and Plantations to the Earl of
Sunderland. Enclose following to be laid before H.M. |
|
1175. i. Council of Trade and Plantations to the Queen. Quote
Representation of Dec. 15, 1704, and Attorney General's
opinion, Aug. 27, 1707, and recommend accordingly
H.M. approbation of Act of New York declaring the
illegality of the proceedings against Col. Bayard and
Alderman Hutchins. [C.O. 5, 1121. pp. 106–108.] |
Nov. 5.
Barbados. |
1176. Governor Crowe to the Council of Trade and Plantations. Your Lordships' letter of Aug. 14 with its sundry incloseds
lyes now before me, and for the ffuttur I shall take care to signe
all duplicates. Col. Lilly has not yett finish't the draughts
of the fortifications, when compleated shall be sent home with
the nearest calculate that can be made of their repaires. St. Ann's
will be ruined by the excessive raines, which often falls on the
unfinish't workes, and the Assembly is soe farr from thinking
on that most importunate place, that I cannot perswade them
as yett to raise any fund for the most necessary expence and
repaires of those places already provided for the stores; all ye
field trayne and waggons now lyeing exposed to the weather,
without a barrle of tarr to preserve them. The last year's tax
is not yett all pay'd into the Treasury, which will not discharge
by some thousands of pounds the orders already granted thereon.
And as I have already wrote your Lordships, this Island is soe
drained of cash that there is little to be procured for the menutest
occasions, which is one great reason for the poorer sortes leaving
us. And last week one Harrison, a Planter (being much in
debt) (notwithstanding the strictest orders given to the fforts),
run off in a sloop with above 60 negros, leaveing his land to the
creditors; I wish this may be the only instance of that kinde,
considering the misserable and low condition of the inhabitants,
which will be insuportable, except H.M. be gratiously pleased
to take this place under her consideration and compassion. I
have perswaded the Assembly, instead of an Act to enquire into
past grivances, to prepare a Bill only to settle all publick accounts
unajusted, which now lyes before the Councill: for the other
would have been a means to ffoement their unhappy devisions.
I have already wrote your Lordships that the late Cartell with
Martinique only served to promote the French trade and
intelligence, every Flag of Truce bringing up a cuning officer,
the last had a Merreen Capt. on board with a parcele of cocco,
which I ordr'd the seizing of after it had been landed here; They
have severall privateer sloops, which very much anoy our
Northern trade, and wou'd much more if they cou'd by their
often being here gett intelligence when we expect the said vessells,
or their time of saileing hence, which with the noe proffitt that
I could perceive by a correspondency with them (except H.M.
would be pleased to allow of a trade), were my reasons for not
allowing the continuance of sd. Cartell. As to my sitting in ye
Grand Sessions, it was by the desire of all, and request of the
Councill, as by the inclosed Minute, and had its intended effect
of avoiding the disorders that had been often committed, by
commissionating that Court, which I likewise had their thanks
for. But I shall for the ffuttur (as in all things) acquesce with
your Lordships' better judgements, and the liberty given me
by the last printed Law, to eas myself of soe great a trouble.
I shall order H.M. gratious pleasure in confirming the Act to
ascertain the payment of Paper Bills, to be publish't as all Acts
heretofore in the Church's, this being the first of that kinde,
for formerly all Acts were in force untill H.M. repeal'd them,
and for want of a due entery of such Repeals, disputs are arrisen
thereon, which to prevent, I humbly beg your Lordships would
be pleased to order the sending me a list of all those that have
been soe repeal'd. I have notified to ye Councill, and order'd
the entery into ye Books, H.M. pleasure in discharging Messrs.
Sharpe and Cox from the complaints against them, and dismist
Col. Cleland from that Board and all other imployments. By
the inclosed coppys of the Committe appointed for the examining
into the present state of affaires, your Lordships I hope will be
convinc't that I have not been wanting on my part, what ever
others are on theirs. It would be some help to this Island, if
the trade between New England and Suranam were obstructed,
for if I bee rightly informed, great quantitys of rum, sugar
and molasses goe in returnes for their horses, flower and other
provisions. By the inclosed Minute of a Court of Grivance,
and the Members' reasons for the same, your Lordships will
perceive H.M. pleasure is humbly desired in Mr. Holder's case.
The Navall Office list for the last 3 months I have sent a coppy
thereof to the Commissioners of the Customs. The two men
of war that went downe to St. Vincents, and to cruise in the
latt. of Martinique for 12 days, are not yett returned. Amongest
ye inclosed papers your Lordships will perceive the unaccountable
last night's resolves of the Assembly, against the admitting
of Col. Holder's grivance to H.M. gratious determination. Which
shews how much they would incroach upon the Prerogative,
for the whole Law has it's due course. Signed, M. Crowe.
Endorsed, Recd. 23rd, Read 28th Jan., 1707/8. 7 pp. Enclosed, |
|
1176. i. Minutes of Council of Barbados. Oct. 28—Nov. 4,
1707. Upon the petition of John Holder, the Council
agree (Wm. Wheeler and Saml. Beresford dissenting)
that, upon giving good security, he be relieved from
the clause in the Act for ascertaining the payment of
bills, obliging him to refund 2,592l. 6s. 10d., being the
commission given him under the Paper Act. Their
reasons for this vote are given by Patrick Mein,
Wm. Cleland, Thomas Alleyne, John Colleton and
Timothy Salter. Endorsed as preceding. 4¼ pp. |
|
1176. ii. Observations of the Council of Trade and Plantations
upon the preceding. We cannot be of opinion that
the clause against Mr. Holder is contrary to natural
equity, Magna Charta, and H.M. Instructions, etc.
as is suggested. The Council's reasons answered in
detail. We are of opinion that the stopping the
execution against Mr. Holder, according to the powers
in that clause, was illegal and of dangerous consequence.
June 23–25, 1708. 4½ pp. |
|
1176. iii. Journal of Assembly of Barbados, Nov. 3, 1707.
Resolved, that the action of the Council in suspending
the proceedings against Col. Holder, as above, is illegal
and leads to the oppression of H.M. subjects; that
the Governor and Council have no power to dispense
with any law legally passed, and that a petition to
H.M. be prepared upon this matter, etc. Endorsed
as preceding. 4 pp. |
|
1176. iv. Minutes of Council of Barbados, June 5, 1707. The
Board unanimously desired H.E. to sit in the ensuing
Court of Oyer and Terminer in the Grand Sessions.
Same endorsement. ½ p. |
|
1176. v. Minutes of Council of Barbados, July 23 and Sept. 2,
1707, appointing Committees to revise the Laws, and
to inspect the Forts and Magazines etc. Same endorsement. 2 pp. [C.O. 28, 10. Nos. 58, 58.i.-v.; and
(without enclosures) 29, 11. pp. 169–175; and (enclosures
i., ii. only) pp. 259–266; and 319, 1. pp. 128–133.] |
Nov. 5.
Barbados. |
1177. Extract of a letter from Mr. Sharpe to Mrs. Sharpe.
The Governor has declar'd, that if H.M. should restore us again
to the Council, yet he will not suffer us to sit, but as youngest
Counsellors, under those he has put in our places, at the Board,
which I desire you will take particular care to have prevented
by some special appointment; for notwithstanding the mighty
complements made us at our removal, we well know what Justice
we have to trust to here. I am heartily sorry to see what
confusions our unhappy Island is like to be brought into by some
unfortunate measures, which must inevitably ruine it, unless
H.M. interpose and remove the cause. They charge me with
having receiv'd, or that I was to receive 2,000l. for dissolving the
Assembly and turning out the Colonels and Judges; I assure you,
'tis a damn'd lye. The truth is, when I was first apply'd to,
and desir'd to dissolve the then Assembly, 'twas propos'd, that
if H.M. should not approve a thing, tho so entirely design'd
for the good of the Country, and I should be call'd home, or put
to any trouble on that matter, that then 'twould be hard I should
suffer for so good a design; and therefore they offered to advance
that sum to answer any such unhappy occasion, if need should
require the same. But when I found they would not be satisfyed
barely with a dissolution, but would also have me breake the
Colonels and turn out the Judges, I at once with great heat and
indignation told them I would not do any such thing for ten
times the value of the Island etc. I did not dissolve the Assembly
till long after that on the desires of all the Island, and never
had one farthing from any of them all, etc. I am astonished Cleland
of all men living should charge me with any such thing, when
he himself told Judge Walker (as I have often heard Judge Walker
say he could prove on oath) that provided he might have 500l.
for it, he would give his vote for dissolving that and as many
other Assemblies as they pleased, etc. There is a thing which
now seems very odd indeed, the restoring Judge Sandford to
his place: but the matter in short was thus; after he had (by
some measures which were very extraordinary, and others that
did not then appear) been acquitted by the Grand Jury, the
Governor ask'd us, if he was put out for any other cause than
the former Grand Session business, we told him for nothing else;
then he told us, we must now consider that the animosities,
heats and divisions of our country had just ruin'd it, and that
he saw no other means left to retrieve it, but to forget all that
had been past, and to reconcile and heal all for the future, and
(not knowing him as well as we do now, but believing he really
design'd, and had the good of the Island in view), so the matter
went, and he restor'd him without opposition. It is not to be
supposed, how easily he had it in his power to reconcile all our
unhappy differences here, for all parties (except a few damn'd
Incendiaries) began to make all the steps imaginable to that end,
and declar'd they were sensible their Country must otherwise
be inevitably ruin'd, but wrong measures were taken, the
disturbers of our quiet only caress'd and valu'd; so that no[w]
we are in ten times a more miserably divided condition than
ever, and God knows how fatal the consequences may prove.
But by the hints you have given me, I hope H.M. will take
compassion upon us. I cannot omit the mentioning some
instances of his great justice and prudent conduct; by a late
Hurricane the Leeward Islands, we hear, are almost destroy'd,
even their very ground provisions are destroy'd, so that if they
be not supply'd from hence, they are like to be all starv'd. The
poor unfortunate Bankers in a full body also by their humble
petition shew'd H.E. they must be inevitably undone, and all
their estates laid waste, if not protected by him, etc. But
this also met the same answer, with seasonable remarks that
even Kings had proved too weak a match for a dispencing power,
etc. He has not only dispens'd with the Law in Col. Holder's
case, but done it after a most unjust manner, having averr'd
that myself and the other Members of the Council, did declare
that we thought the clause against him very unjust, but that
we chose rather to do him unjustice, than not pass the Bill, which
was for the publick advantage etc. I just now hear the Governor
has given private orders for several Justices to take such
depositions as Col. Cleland thinks fit, 'tis pretended to justify
him; but they say 'tis only to make farther animosities and
set us together by the ears here; to send Justices about to pick
up table discourses and private conversations is a very bad way
to heal our differences etc. Endorsed, Recd. (from Mrs. Sharpe),
Read Jan. 12, 1707/8. 4 pp. Enclosed, |
|
1177. i. Duplicate of No. 1176. iii. etc. [C.O. 28, 10. Nos.
52, 52.i.] |
Nov. 7.
Whitehall. |
1178. Council of Trade and Plantations to the Earl of
Sunderland. Representation upon Acts of Antigua and St. Kitts,
1706, each granting Governor Parke between 5 and 600l. sterling
for house rent. These Acts are ill penned and the sums allowed
too much, etc. Propose that he should reside at Antigua and
move the several Assemblies in his Government to settle 400l. sterl.
per annum for the Governor's house-rent, to be payd in proportion
to the number of days he shall actually reside upon each Island
respectively etc. Set out, Acts of Privy Council, II. pp. 534–536, q.v. [C.O. 153, 10. pp. 79–83.] |
Nov. 7.
Whitehall. |
1179. W. Popple, jr., to W. Lowndes. Moves for a return
upon Naval Stores imported since 1700, as set out, B. of T. Journal,
Nov. 6. [C.O. 389, 19. p. 174.] |
Nov. 9.
Jamaica. |
1180. Governor Handasyd to the Council of Trade and
Plantations. Acknowledges letters of June 26, July 31, and
a duplicate of May 9, with enclosures. I understand by your letter
of July 31 that you have been informed by a very good hand,
that two privateers from Jamaica should have committed piracy
and acted contrary to their Instructions on the Spanish coast.
There is nothing concerns me more than the having a check
from my Superiors for the neglect of duty, where I have
faithfully endeavoured to perform it; I must confess there was
such a report of a sloop and periago commissioned from Jamaica,
one commanded by Charles Knott, the other by Benjamin
Scrivner, upon which I gave orders immediatly to apprehend
and seize those two vessells and bring them in, but before the
sloops that were sent out after them came upon the coast, one
of the vessells was cast away but all the men saved, and the
other brought in with both the Captains. I secured them, and
gave publick notice of the same, that if any persons were injured
by them on the coast, or could alledge anything against them,
they might declare it in order to have them prosecuted, but
nobody could say anything against them, and they brought
letters both from Porto Bell and Carthagene of their behaviour
upon the coast. I am humbly of opinion that the good hand
your Lops. had that information from, wanted something to
say to blind his own misbehaviour whilst in these parts. I hope
your Lops. will not harbour an ill opinion of me, before I have
notice to make a defence for myselfe. I have taken both those
privateers' Commissions from them, and have their bonds signed
by very secure persons for 1,500l. each, which shall be forfeited if
any breach of their Instructions can be proved against them. As
to what your Lops. have transmitted me relating to Leters of
Administration, I begg leave to give you my opinion in that
matter, that according to Mr. Northey's determination of it,
in case the administration is granted to a person here to take
care of the estate or effects of anyone deceased, he is not secure
in paying any debts here, since debts may appear in England which
he knows nothing of, and may afterwards be obliged to pay
out of his own estate, so that I know of no way he has to be secure,
but by keeping the whole estate or effects he administers upon
in his own hands; but I shall as near as possible comply with
everything your Lops. shall recommend to me. As to your
Lops.' order to give you an account of all transactions that have
happened in the Councill and Assembly for these four years
past, and likewise in relation to the publick Revenue and other
Offices, I shall make known the same to the persons now in those
Offices and give them directions to observe them, but I know it
will be impossible for some of them to comply, severall of them
being new Officers, and cannot answer for the neglects of persons
before them; and particularly in matters relating to the
Assembly. I am of opinion your Lops. are not very well
acquainted with the nature of our Assemblys here, they never
keep any record of our Minutes, or transcribe them any other
wise than as they send them up to me, during their sitting, in the
manner I have sent them to your Lops. I shall be obliged to
call an Assembly within these two months, the Quartering Act
being near expired; and I am very apprehensive they will provide
but indifferently for the officers and soldiers, tho they cannot
but be sensible of the services they have done them in preventing
the insults of the enemy, who have not taken above 28 slaves
off the Island this war, they have severall times attempted it,
but meeting with handsome repulses have since been very
quiet. Your Lops. command me to give an account to the Prize
Office of what relates to the prizes. It is impossible for me to
do it, the place where I am obliged to reside being 18 or 20 miles
from the Port, and can have no other account of the prizes than
what the captors or Prize Officers give me, and I take it to be
properly their business: Whoever is Governor here in time of
war, never wants business, if he does the part of a faithfull
servant, as I hope I have done, without having business crowded
upon him that is so fforreign to his imployment. I have seen
a letter to the Agent for prizes here, Mr. Hamilton, from the
Prize Office in London, the purport of which is "You are in
any of the Islands in the West Indies belonging to the Crown
of Great Britain to call to you so many of the Commissioners
of the Island you are at, as you shall judge most proper, together
with yourselfe to make up the number five, and the Governor
of the place for one, and then to call before you or summons
such persons as you think fitt to make what discoverys you can
of any embezlements made of H.M. prizes." This I think is
heaping more hardships upon me than I am able to support,
that I shall be obliged to sitt with the Agents for Prizes, and
be at their call to go where they think fitt, and leave all other
business at a stand; therefore must desire your Lops.' favour
in these matters, which are impossible for me to perform. I
gave an account in my last of the ships taken by Commadore
Wager's squadron, but not having then an account of their names
and by what ships taken, shall now give it you in a more
particular manner:—The Jesus Maria Joseph, bound to
Campeachy, of 160 tonn, 60 men and 14 guns, laden with cocoa,
taken by the Assistance; the Young John of Flushing, trading
on the Spanish coast, of 120 tonn and 18 guns, loaden with divers
contraband goods taken by the Severne; the Sancta Rosa from
Canaries bound to Campeachy of 250 tonn, 160 men, 20 guns,
loaden with wine, brandy, iron, steel and sundry dry goods,
taken by the Kingston and Portland; she was burnt by accident
at the Keys of Port Royall: El Gravelein from Canaries, bound
to Havana of 150 tonn, 129 men and 10 guns, loaden with wine,
brandy, iron, steel and sundry dry goods, taken by the Kingston
and Portland: Le Brave from Rochell bound to Leogan, of
200 tonn, 60 men and 18 guns, loaden with wine and other goods,
taken by the Dunkirk's prize. Mr. Wager and I are doing all
we can to get the squadron out, which I hope will be ready within
four or five days. I am putting on board all the soldiers of H.M.
Regiment I can spare, and raising what volunteer sailors we can,
on a designe to endeavour to intercept the galleons in their way
from Carthagene to Porto Bell, which we are informed will sail
the latter end of this month. I think the Island, and merchants,
as well as myselfe very happy in the exchange of the Commadores.
Trade continues very dull, everybody being discouraged from
venturing since our last misfortunes, but I doubt not but it will
soon recover, Mr. Wager taking all the methods he can to protect
our Traders. I return your Lops. thanks for your timely
assistance in relation to recruits for the Regiment, which we
very much want. I understand my officers have raised and
embarqued 180, which I hope will be ship't on board men of war
for fear of being taken by the enemy. The Island is healthy.
We had on Oct. 30 about 7 a'clock at night a severe shake, but I
thank God has done no damage that I hear off. Signed, Tho.
Handasyd. Endorsed, Recd. 23rd, Read 26th Jan., 1707/8. 5½ pp.
[C.O. 137, 7. No. 71; and 138, 12. pp. 194–203.] |
Nov. 9/20.
Fort Kijkoveral. |
1181. Commandant Beeckman to the Directors of the
Dutch West India Company. Signed, Samuel Beeckman.
Dutch. 10 pp. [C.O. 116, 20. No. 10.] |
Nov. 10.
Whitehall. |
1182. Council of Trade and Plantations to the Lord High
Treasurer. Enclose Office Accounts, Midsummer to Michaelmas,
1707. [C.O. 389, 36. pp. 338, 339.] |
| Nov. 10. |
1183. Petty Expences of the Board of Trade from Midsummer to Michaelmas, 1707. See B. of T. Journal, Nov. 10.
5 pp. [C.O. 388, 76. Nos. 28–30.] |
Nov. 10.
Antigua. |
1184. Governor Parke to the Council of Trade and Plantations. I here send some part of the Minutes of the Council of
this Island, as allso the imports and exports from Montserratt.
I am promised per the next packett to have from each Island
the severall Journalls of the Councils and Assemblys, and from
the Collectors the accts. of the importes and exports since I
came to my Government. I shall take care as soon as may be
to gett an exact acct. of all the gunns and stores in each Island,
and send them to your Lordshipps. The London Fleet arrived
the 2nd inst., but the men of warr are gone for Jamica, so that
we are still distitute of any support from the Queen's shipps. I
once more beg leave to desire the favour of your Lordshipps to
recomend me to the Queen for the Regiment in my Government,
for I am informed that Col. Lillingston will not come over. And
as it is my right to be made a Brigadeer Generall, I hope your
Lordshipps will allso lay that before the Secretary of Warr, and
that my Commission may bear date with Col. Crowther's, who
is much a younger Coll. than myselfe. P.S.—I shall give all
the assistance in my power to Mr. Eastwick and Mr. Rhodes,
tho I have no man of warr to carry them or the Comrs. from
Island to Island. Signed, Daniel Parke. Endorsed, Recd. 23rd,
Read 26th Jan., 1707/8. 2 pp. Enclosed, |
|
1184. i. Naval Officer's List of ships cleared from Montserrat,
July 13, 1706—Nov., 1707. 18 ships for England, 7 for
Boston. Laden with sugar and indigo. Same endorsement. 1 p. [C.O. 152, 7. Nos. 32, 32.i.; and (without
enclosure) 153, 10. pp. 103, 104.] |
| Nov. 10. |
1185. Order of the House of Commons. The Council of
Trade are to lay before this House a list of the Governors and
Deputy Governors of the Plantations. Signed, Paul Jodrell,
Cler. Dom. Com. Endorsed, Recd. Read Nov. 11, 1707. ¾ p.
[C.O. 323, 6. No. 43; and 324, 9. p. 150.] |
Nov. 10
[and Feb. 16, 1707/8]. Boston. |
1186. Governor Dudley to the Council of Trade and Plantations. I have taken three or four opportunitys by Portugal
and the West Indies lately, which are very uncertain for want
of a direct passage by any of H.M. ships of war, but the mast
fleet being now arrived under convoy of the Reserve, I am
preparing the whole year's accounts of the Acts of the Assemblys,
Minutes of the Council, and other accounts of the Revenue and
state of H.M. fortifications for the several Offices, which will
be all transmitted to your Lordships by the Deptford, ordered
to attend that fleet, but the winter is so near upon us that I fear
whither the mast ships will be able to get in their loading before
Christmas, and then the winter's passage is very hazardous.
I am desirous in the meantime that your Lordships should allways
know the state of H.M. affairs in these Provinces, etc. I had
severall inroads of the rebells in the winter past, of 20, 50 at a time,
sometimes a French Officer with them, but while the snow was upon
the ground, my snow shoes are better than theirs, and we have overtaken them, outmarcht them often, and in one week in February
last destroy'd one of their troops consisting of 25, which is a very
great loss to them, and in the spring 200 or 300 of ours kept the
woods to divert their planting and settlement in their old places,
which this year was thereby prevented, as has been four years
past, so as instead of a crop of corn for the support of their women
and children, they have nothing but what comes from the muzzle
of their guns, and are fain to dwell, all their three tribes, under
the cover of Quebeck and Montreall, at 300 miles distance, when
in all former troubles, they were seldom at the distance of 40
miles, in their known antient settlements. And early in the spring,
in April, at the desire of both the Assemblys of the Provinces,
I equipt 1,000 musquetteers and put them on board proper
transports, and they have been all this summer in the Bay of
Funde upon the French coast, and in June they landed upon
Port Royall headland, where the only fortification of L'Acadie
and Nova Scotia is, upon which there was a town and other
scattered settlements depending, to the number of 150 familys,
out of which the people soon fled, and the forces kept their
quarters in those houses untill they found it impracticable to
bring up any great cannon, nor had I any mortarrs to supply
them with, more than two smal ones of 50 weight the shott,
very unequall to the enemies for number or bigness, whereupon
they burnt all the town home to the Fort gate and all the
depending settlements, and destroy'd their cattle, 1,000 horned
beast, and sheep and hoggs to a farr greater number, and came
off the ground sooner than I intended, upon which I stopt them
in their return, and reinforced them and made them go upon
the ground again, and stay there some longer time, rather to
shew their obedience than in hopes of taking the Fort, which
is a very regular work of 40 pieces of cannon, many of them cannon
of 7, as your Lordships will see by Col. Redknap's plan and
description thereof, which I shall send in the Deptford, who was
present and of the Council of warr in this whole occasion, upon
their return they brought with them 30 or 40 prisoners for
exchange for any of ours that may be of the sea in the French
hands; and during their whole absence, by the enimy sickness
and casualty, I had lost upon the review of them but 24 men,
which I hope will encourage them in the service next year either
at Port Royall or Quebeck, if it shall be H.M. pleasure to direct
us thither. Col. Cranston and the Assembly of Road Iland,
upon my letters to them, very readily came in to this expedition,
and sent me a man of warr sloop and 80 men, under the care of
Lieut. Col. Wanton, who shew'd themselves very obedient and
serviceable, and I should be wanting to my duty if I should not
let your Lordships know it, and I doubt not to maintain a good
correspondence in H.M. service with that Governmt. for the
future. In all this time of the absence of the forces I had 8 or 10
small troops of the enemy of 20 or 40 each upon the inland
frontiers, who were allways well mett and sent home with loss,
and last of all about a month since I had advice of 60 canoes,
with 4 or 5 in each canoe, French and Indians, coasting towards
Wells in the Province of Mayn, whither I sent 6 troops of horse
with 100 foot souldiers, who all came upon the ground at Winter
Harbour, tho' at the distance of 100 miles from hence, in two
days' time after the notice given me, and found that one of our
fishing shallops, of 10 men only, had a rencounter with them,
and having the advantage of a good shallop against their birch
canoes, had kill'd and wounded about 20 of them, upon which
and this appearance of the troops abovesaid they fled away
secretly, and I have not heard of them since. It is impossible
to represent to your Lordships the infinite disadvantage of an
unpassable forrest, full of waters and lakes over which we cannot
march in our pursuit of them, so that we cant boast of great
destructions made upon the enimy, but all H.M. good subjects
are universally sensible of their preservation and security,
that we have not lost one village nor poor garrison to the enimy,
these four years last past, and notwithstanding any insinuation
made to your Lordships against myself or my administration,
it is apparent to everybody here that it is nothing but falsehood
to the last degree, and impositions offered to H.M. and your
Lordships, as I hope the papers covered with this to
Mr. Chamberlayn will demonstrate, which he will wait upon
your Lordships with. And I may humbly and truely assure
your Lordships that all the Magistrates, Ministers, military
officers and principall merchants and inhabitants of these
Provinces are as ready to address H.M. for her Royall favour
in the continuance of Her Governour as they were, and did the
last year, if it might not look too much like presumption. I
humbly submit my defence in the papers to your Lordships'
censure and amendment, and pray your Lordships' patronage
and favour so long as I shall do my duty to H.M., and show my
obedience to your Lordships' commands, and while the people
universally continue easy and satisfyed, as I humbly assure
your Lordships it is in both the Provinces at this time. I have
lately received two new Officers, Mr. Jekyll, Collector, and
Mr. Newton, Comptroller. Their Commissions seem to be
restrained to the Port of Boston, tho' in Mr. Brenton's, the former
Collector's Commission there is Road Island, New Hampshire
and the Massachusets, in which are other Ports by the allowed
Acts besides Boston. I know not whether it be a mistake, or
whether I am to expect other orders for those Ports, I have
humbly acquainted my Lord Treasurer herewith. I am sending
the Reserve friggot with the West India and Saltertudas Fleet,
who I hope will return in Aprill for the defence of the coast. |
[Feb. 16,
1707–8.] |
Thus farr I adventured by Lisbon; the Fleet haveing stay'd
to this time, the winter is now past, and I have no further discovery
of the enimy in any quarter; my scouts and small partys have
been out all this winter at a great distance where the Indians
use to pass, but it appears they have perfectly given over their
winter expeditions, upon experience they gain nothing by them.
Mr. Armstrong returns in this Fleet with the papers and proceedings in Mr. Allen's affair referring to the property of the soyl
in N. Hampshire. I used all possible means according to H.M.
commands to have the verdicts upon those tryalls to be found
speciall, that so the whole affair might be open before H.M. in
Council, but could not obtain it, but Armstrong brings home
all the papers and pleas fairly transcribed, and I hope there will
now be an issue of that affair. Mr. Usher also sends home his
accounts of debt from the Province of the Massachusets in which
he cannot obtain any payment in this Province. He will himself
lay the matter before your Lordships. Since the arrivall of
the mast Fleet I was advised by Mr. Mico and Mr. John Plaisted,
mercheants and inhabitants of the best value, that they were
correspondents to Mr. Francis Collins, merchant of London,
and that Mr. Collins had contracted with the Navy Board for
certain masts to be cut for H.M. use in these Provinces. I directed
them to attend Mr. Bridger, and give him satisfaction therein,
and I would then understand it further, soon after Mr. Bridger
and Mico attended me severall times, and acquainted me that
they had a copy of the contract between the Commissioners
of the Navy and Mr. Collins, and an originall letter signed by
the Commissioners of the Navy, referring to the said contract,
which they shewed me, and also alledged they had two shipps
of Mr. Collins's now in the Harbour concern'd in that affair
of stores for H.M., as appear'd by Captain Stucley's orders to
take especial care of their return, being particularly named in
his sailing orders, which I also saw. The originall contract
for masts and H.M. sign manuel for their being cutt were yet
wanting, upon which I told them I was strictly required to prevent
any wast in H.M. woods, and had been so happy in these five
years past as to have no complaint from the Surveyor or his
deputys, and I would do nothing but what Mr. Bridger should
desire, being most particularly concern'd and improv'd therein.
The gentlemen offered any maner of bonds to the value of 10,000l.
that the contract was bona fide made and the warrant coming,
and that whatever they cut should be delivered to H.M. in the
ports of England for nothing, in case their agreement etc. did not
appear, whereupon Mr. Bridger took 2,000l. bond of Mr. Mico
for his indemnity, and afterwards acquainted me with it, but
upon further consideration being fearfull I suppose that he had
passed his Instructions and power, he returned that bond again
and desired that one of the shipps of Mr. Collins which had some
masts on board might be embargo'd which at his desire was done,
tho' to no inconvenience to her, the fleet being not, a long time
after, ready to sail. Upon which Capt. Stucley, the Comodore
home, complained to me that he dare not go home without
Mr. Collins's two shipps, being especially in his orders, upon
which Mr. Bridger was contented and desired that the said ship
of Mr. Collins might be released to go home, the corespondents
of Mr. Collins allways protesting they would deliver her to H.M.
yards at Portsmouth or Deptford, since which the said
correspondents upon the same pretence without any knowledge
or any manner of consent of mine or Mr. Bridger's, that I know
of, have proceeded to cut a greater quantity of masts in severall
parts of these Governments, alledging there is a friggot coming
with two ships of Mr. Collins for them; against which proceedings
I have put out proclamations and given warrants to command
their ceasing, and the arrest of all their trees so cut, and
Mr. Bridger is carefully pursuing them in Law, their ax-men
and servants, and will soon have all those trees in his keeping,
and if it shall appear that what they alledge is false, there is so
much service lost to them, and gotten for H.M., but if it be
pleasing and agreable to their contract, there is no harm done
them, and I humbly assure your Lordships that no one stick
of that timber shall be shipt or transported till H.M. pleasure
be known therein, and if Mico and Plaisted are found breachers
in the matter, they are men of estates very capable to answer
any process H.M. shall direct to be taken against them. The
Province of New Hampshire by their Representatives have
pray'd that they might send their Agent to attend H.M. with
their humble Address, referring to the state of that Province,
Capt. George Vaughan, who was born in that Province, and
will attend your Lordships, and is very capable to give account
of everything there, haveing sat in their Assembly and sustained
the principall offices of the Goverment. P.S. (in Dudley's
hand).—I should be wanting in my duty if I should not acquaint
your Lordships that Capt. Stucley in the Deptford who brings
home a fleet of 24 ships, the masts and stores for H.M. yards,
has served here very carefully three years last past and I hope
will deserve your Lordships' favour. Signed, J. Dudley.
Endorsed, Recd. 16th, Read 19th July, 1708. 5 pp. Enclosed, |
|
1186. i. Governor Dudley to the Council of Trade and Plantations. Memorial referring to the French Settlement
in America. Having been these five years last past
employed in a war and troubles with the French and
their dependant Indians, he is sensible of their Settlements and strength. Port Royal is the head of
L'Accadie and Nova Scotia, consisting of a very regular
work with 40 peices of cannon at the mouth of a good
harbour, has in it 6 regular Companys of near 300 men.
Its dependants are—the town of Port Royal lately
destroyed (as above); the town of Menis and Secanecte,
open villages, which together make 500 men more,
which is all the strength of that Government, and lyes
not above 60 leagues from the coast of the Province
of Main, where the English garrisons are. Quebeck,
upon Canada River, is a fortifyed town, where the French
General resides, has in it a Regiment making about
500 regular forces; the towns of Mont Real, Troy
River and other French Settlements, who make in the
whole about 3,000 men, and so distant and divided
to 300 miles at least, that they can be no assistants
to each other, unless they leave the whole countrey
void. These Settlements have no manner of shipping,
except a few fishing boats of no force, but only once a
year in August, one frigot usually comes from Placentia
with two store ships for their year's supply. Notwithstanding their small number abovesaid, by their Priests
and Jesuits [they] have gotten the command of all the
inland Indians and have debauched the Indians of the Province of Mayn, and by their late trade and discovery of
Messaseppi River have in a manner made a circle round
all the English Colonys from New England to Virginia
and do every year give the Governments of New England
very great trouble. If in process of time they should
be able to debauch the five nations of the Maquas, which
have a long time been very difficultly kept steady to
the English interest, they would bring Maryland and
Virginia to the last distress, who are plainted in no
posture of defence, to the loss of the best trade belonging
to H.M. in all the West Indies. At the issue of every
war between the Crown of England and the French
King they have always added to their strength and
trade in their Northern Settlements in America, so that
every 7 years makes a conquest of them more dificult,
and they will at length, if not prevented, be able to
ravage all H.M. Governments and put them beyond a
capacity of carrying on the trade so necessary and
beneficial to the Kingdom of Great Brittain to whom
they have been hitherto so advantagious. If it might
please H.M. to send early in the year 5 or 6 frigots
with 2,000 regular men and two bomb ketches and
stores, and let all the Governments of New England,
New York, Connecticut and Rhode Island be comanded
to prepare a just quota of men to assist in the said
service, one summer would, with the favour of Almighty
God, reduce all those parts to the English obedience,
and make room for very good Settlements and Provinces
of H.M. subjects, and the soldiers sent thither would
soon be induced upon sight of so good a country to
become planters there, if it should so please H.M. The
benefits of the success of this are, it would for ever
put these Provinces to a perfect repose, and reduce
all the dependant Indians to a vassalage to the English
Government, secure the whole trade of furrs, Naval
Stores, the fishery for Spain and elsewhere intirely into
the English hands, to the unaccountable proffitt of
the nation, as well as glory to H.M. victorious arms,
and the loss to the French would be in all things equall
to the English gain. |
|
1186. ii. Governor Dudley to the Queen. Nov. 10, 1707.
Reply to charges against him presented in an Address
to H.M. at Windsor, June 23. [Cf. Aug. 15, 1707.]
His Father was one of the three first Undertakers that
purchased the Province of the Massachusetts and
Governor for many years to his death. Himself, during
the continuance of the Charter, served the Province as
one of the Council, and their Agent in England in the
reign of King Charles II, and since the alteration of the
Government in the last year of that King, was named
President of the Province, and served in that and other
stations till the happy Revolution, when he attended
King William and served as Governor of the Isle of
Wight near ten years etc. Refers to recent Address
from the Massachusetts Bay in his favour. He was
never during all these 30 years any trader or owner
of shipping, nor partner with such, but has always
dwelt upon his own estate as a Countrey Gentleman.
He never was twice Plaint. or Defendt. in any case
for himself or his estate. He was twice complained
of, once at the happy Revolution, and again for the
same matters impeached and heard at his coming to
this Government of New England, before King William
and the Privy Council, in both which hearings he was
acquitted, and sent away with honour into this service.
He has to the satisfaction of all mankind put into offices,
civil and military, the best men of estates, birth,
education and religion, and supported them in their
places. He has never laboured by conference or letters
to influence any judgmt. between man and man, but
left the Courts always to their own just and free consideration, so as all things have well proceeded. During
the 5 years of his service he has contented himself with
the allowance from this great Province of 500l. per
annum, which makes but 300l. sterl. to support him
in the Government, having an estate of his own to
assist him, without which he could not have supported
himself, and is no otherwise chargeable to H.M.
Whereas in all former warrs with the French and
Indians, H.M. Government has been always fain to
purchase their prisoners at 5l. a head, or more, he has
forced them to exchange prisoners without the least
ransome or count on either side, to the saving a great
expence. Notwithstanding the constant incursions of
the enemy French and Indians in troops like Wolves
have these four years made very hard impressions
upon an open frontier of 200 miles, in poor and undefensible villiages, he, to the observation and satisfaction of all mankind, has met and defeated them
many times every summer, and beat them from all
their places of planting, so that they can't live within
300 miles of the English settlements, nor hath H.M.
lost one village to the enemy since the first eruption,
which have been always beaten in in former warrs, of all
which there are 10,000 Freeholders in this great
Province would freely give their evidence, as H.M.
Council and their Representatives have often done.
Notwithstanding all which, if it shall not appear that
the allegations in the petition are false, the Petitioners
incompetent by their own confession, and several of
their hands forged and set by others to sd. paper, Col.
Dudley pleads no merit for so many years' service to
her sacred Majesty etc., but humbly submitts his honour
and life to H.M. disposal. The 1st Article in the
Petition contains that, notwithstanding at the Revolution Col. Dudley's Countreymen were angry with him,
he has obtained both from the late King and her present
Majesty the Governmt. of the Countrey. It is true,
that the People were in a hurry at that time, but upon
a full hearing before the King and Council, Col. Dudley
was justifyed and employed by the King in several
Commissions executed his to satisfaction, and at length,
when the Massachusett Government was void, that
was given him also. And it is apparent to all men that
Col. Dudley and his Countreymen are so good Christians
that they have long since forgiven any supposed injury,
and it is impossible for these poor petitioners, that
have neither name, estate, nor influence in the Province
to revive that displeasure again. The second Article
is only hard and general words, which they say truly
are unheard of, for when the Petition came to be read
before the General Assembly of New Hampshire, the
Council and Representatives in full Assembly, nemine
contradicente, have voted them scandalous, unheard
of and false reproaches, as appears by their Address
herewith laid before H.M., wherein they acquit his
administration from all those calumnys, and pray
H.M. ffavour to him. The 3rd, 4th and 5th Articles
contain the one thing they accuse him of, that is, his
supporting the Indians in a trade to their benefit and the
destruction of the English, his being partner with Capt.
Vetch, and avoiding their tryal and punishment. Coll.
Dudley has, immediately upon the eruption of the
French and Indians, fitted all the frontiers with snowshoes, and kept out in the winter 4 or 500 men to march
hundreds of miles into the depth of the Countrey in all
parts towards the French settlements, to the terror
of the enemy, and thereby defeated all their inroads,
and in the summer beat them from their fishing and
planting grounds, so as they have not had one acre of
corn at all their antient planting places, thereby
keeping them in a starving condition; and has obtained
of the Assembly to set the Rebells' heads at 100l. each
that should be brought in, so as their Commander
Escambuit at Newfoundland in his letter to Capt. Moody,
as his affidavit certifys, threatned to kill 60 English
prisoners then in his hands, if Capt. Moody would not
prevail with the Queen to recall Col. Dudley. Mr.
Wm. Partridge in his evidence gives the reason why
Col. Dudley must needs correspond with the enemy,
because he knew at all times where to meet them upon
the frontiers, Col. Dudley confesses that by very great
difficulty by some ffaithful Indians at Albany, as well
as from his own Agents at Quebeck, which he kept
publickly there with the knowledge and consent of the
Council and Assembly, he had constant secret intelligence of the enemie's numbers and marches, and to
the observation of all, met them often to a day, always
seasonably, so as they have been forever defeated, and
left their designs, and fled home naked and wounded,
which all the Ministers in the Countrey have given
publick Thanks to God for, as well as the General
Assembly every year in their Thanksgiving publickly
celebrated, and sent home in print etc.; And if this be
the Demonstration of his Corresponding with the enemy,
he do's acknowledge it to the praise of Almighty God
and H.M. Honour. For his being partner with Capt.
Vetch, the seizure of his and his partners' estate and
effects, confiscating them to H.M. and his proceeding
against them to fines to the value of 3,000l., and saving
those fines to H.M. disposal, which was never before
done in any of these H.M. Provinces, it is hoped will
acquit him of partnership with any of them, as well
as Capt. Vetche's oath. If for 30 years past any person
in New England will give oath, and prove that ever he
was concerned in whole or part in any trade by sea or
land to the value of 5s., he is willing to fforfeit H.M.
Favour and all that he has in the world. |
|
Col. Dudley further prays that the quality and circumstances of the petitioners may be considered. Mr.
Higginson, the first, is a Gentleman of good value, but
has been absent in the East Indies 26 years, and so may
be presumed to know nothing of the Countrey, to be
sure his Father has been a Minister in the Countrey
near 60 years, yet living, and his brother, a Member
of H.M. Council, must know more, the brother having
been always assisting the Governour, and consenting
in Col. Dudley's justification at this time with the Council,
where no man has dissented from the vote sent herewith.
Col. Partridge can't forgive Col. Dudley's not reversing
a judgmt. for the Queen against one Furbur in his
imploy, as his own deposition confesses, but has since
attended Col. Dudley and asked his pardon. Mr.
Taylor's letter, and his affidavit since, say he was perswaded over a bowl of punch to sign, and knows nothing
of the matter, a passenger not concerned in the Countrey.
Mr. Musson swears he was trappan'd, and in his oath
asks pardon of the Queen and of Col. Dudley. Mr.
Armstrong before H.M. Council and Judges of the
Superiour Court denys his hand to the printed letter.
Mr. Thomas Allin writes to the Governor that he is
abused and never set his name to the petition, tho
it is there set by forgery. John Hincks run away with
29 pounds due to the poor montross's at H.M. Fort
which he commanded, and took no leave of the Government, as the Minute of Council declares. Of the
other petitioners 14 are utterly unknown unto Col.
Dudley, taylors, porters, and others gotten over a bowl
of punch at Sr. Charles Hobby's cost, as Thomas
Taylor's letter affirms, and the report of Mr. Street's
oath, alledged by Mr. Sergeant Hook before H.M., is
the last falsehood in the world, as well as the reason
given why he did not appear, and the matter of ffact
will make it evident, the ships that brought to New
England the acctt. of this Petition against Col. Dudley
arrived here Oct. 24, 1707, before which no man knew
anything of it, and the proceeding before H.M. was in
June, and yet Sergt. Hook says Col. Dudley sent him
money to prevent his oath. There is but one evidence
that says anything of Col. Dudley's trade with the
Indians, viz. John Calley, who tells the truth, that
being a poor ffisherman and coaster was improved by
Col. Dudley to seize Capt. Vetch's vessell and effects,
because he had been used to such a skulking trade
before, as Col. Dudley was informed, but did not forget
his trade, so that when he had gotten the vessell and
goods into his hands, before he came into the Port
of Boston to render them into H.M. Storehouse, as his
orders commanded him, privately stole salt and other
goods, and put them on board another vessell, which
were sold at Marblehead for his own private use, but
afterward discovered to Col. Dudley, and Cawley was
forced to account for them. Col. Dudley confesses
to have done some unpopular acts, which none of his
predecessors have undertaken to do before him, such
as totally extirpating piracy in his Governmt. (where
many of the meaner people were concerned) and returning their ill-gotten wealth into the Queen's
Treasury. His raising and shipping off to Jamaica,
in obedience to H.M. commands, two foot companys
of near 100 men each, on his own credit and charge,
has made him obnoxious to the displeasure of the relations of several of those people that either dyed there
in the Queen's service, or never since have been permitted to return to their ffriends. He prevailed with
the people under his Government to send two cargos
of provisions to St. Christophers as a present from the
Province to relieve H.M. subjects, when the French had
left them to starve. He has so effectually prosecuted
the encouragement of Naval Stores, that there was more
pitch and tarr sent home the last year than in many
years before. He has served H.M. with all truth and
plainess and just moderation being an instance of virtue,
sobriety and everything becoming Religion, to the
satisfaction of the Church of England in their Government, as well as to all the other Ministers, who every
day visit him and bless him for his just administrations,
etc. Signed, J. Dudley. Endorsed, Recd. 16th, Read
19th July, 1708. 3 closely written pp. |
|
1186. iii. List of the Council of New Hampshire. Persons
recommended for the Council:—Winthrop Hilton, Mark
Hunkins, George Vaughan, George Jaffrey, Thomas
Phipps, Theodore Atkinson. Signed and endorsed as
preceding. 1½ pp. |
|
1186. iv. List of Causes and Judgments in the several Courts
of New England, 1706, 1707. 33 pp. |
|
1186. v. Governor Dudley's Proclamation, summoning deserters to return to their posts. Boston, July 21, 1707.
Printed by B. Green. 1 p. |
|
1186. vi. Governor Dudley's Proclamation laying an embargo
on ships in New England until June 30th, there being
an expedition seting forward against the French in the
parts of Nova Scotia and L'Accadie etc. Seamen entering
themselves in H.M. service on the said expedition shall
be intituled to the like addition of wages and shares
of plunder as is granted to the Land forces, for the
service they shall perform on shoar. And shall be justly
paid and dismiss'd the Service immediately upon their
return, etc. Boston, April 22, 1707. Printed. 1 p. |
|
1186. vii. Governor Dudley's Proclamation to prevent the
destruction of H.M. Woods, and calling upon Justices
etc. to assist John Bridger, Surveyor General of H.M.
Woods etc. Boston, Dec. 15, 1707. Printed. 1 p. |
|
1186. viii. Governor Dudley's Proclamation for a Day of
Thanksgiving on Dec. 11 for the Union, the Successes
of H.M. arms, the protection of these Provinces, for the
plentiful harvest, and the lengthening out of our civil
and religious Liberties etc. Boston, Nov. 24, 1707.
Printed. 1 p. |
|
1186. ix. Governor Dudley's Proclamation for a Day of General
Fast to implore Peace and prosperity, the remission of
sins and the success of the Expedition against the
enemy in Nova Scotia, etc. Roxbury, July 10th 1707.
Printed. 1 p. Nos. iv.-ix. endorsed as preceding. [C.O. 5,
864. Nos. 231, 231.i.–ix.; and (covering letter and enclosure i. only) 5, 912. pp. 463–479.] |
Nov. 11.
Antegua. |
1187. Capt. Buor to Col. Lillingston. The reason the
muster-roles were not sent before Col. Jones told me he
waited ye next packett for his Commission to have ye Regt.
muster'd in his name. His factious, uneasy temper continues
fomenting divisions in ye Regt. and against ye Genll. with severall
Gentlemen of ye Country; H.E. hath order'd him away from
this Island, and Capt. Whalley with theire companys to
St. Christophers. Lt. Col. Floyer and Capt. Kent's companys
come here. H.E. orders me to acquainte you that he hath taken
such care in provideing yr. Regt. with quarters etc., that they
are all in good health; and that Col. Jones and a party he hath
created against you have done things not fitt to relate, and yt.
cou'd not be answer'd etc. The day before he left Antigua he
nearly murdered Capt. Newell, etc. Copy. Signed, Luke
Lillingston. (Incorrectly dated 1707/8.) Endorsed, Recd. Read
Jan. 29, 1707/8. 1 p. [C.O. 152, 7. No. 35.] |
Nov. 11.
Whitehall. |
1188. Council of Trade and Plantations to the Earl of
Sunderland. Representation upon petition of Oct. 31. The
Suedes being neuters, they cannot be prohibited trading to the
Spanish West Indies with goods not contraband: But as the
trade of Jamaica to the Spanish coast is of great advantage to
this Kingdom, by the returns of bullion and other valuable
commodities for our woollen manufactures, so it ought to be
preserved, as much as possible, entire to this Kingdom. This
trade from Stade is new, and may be of dangerous consequence,
and therefore, tho' it can't be wholly prevented, nothing should
be done that may give encouragement thereunto etc. as B. of T.
Journal, Nov. 7. So that we think it needless to give passeports
to the particular traders, either of Sueden, or of any other Crown
or State in amity with H.M., because the Commanders of all
British ships of war and privateers, are by their Generall Instructions strictly commanded not to molest or disturb any of H.M.
Allies in the pursuit of their lawful trade. If the petitioners
mean by passports a leave only to carry on a lawful trade with
the allies of the Crown of Sueden, they have it already. But
if under the Collour of Passeports, their meaning is to have the
liberty of trading with the British Plantations in America, or of
carrying contraband goods to any enemy, both which are against
Law, their petition is unreasonable, and not fit to be granted.
[C.O. 389, 19. pp. 176–178.] |
Nov. 12.
Whitehall. |
1189. Council of Trade and Plantations to the Earl of
Sunderland. Enclose following to be laid before H.M. |
|
1189. i. Council of Trade and Plantations to the Queen.
Governor Seymour having transmitted to us an Act
lately past in North Carolina, to encourage the settlement
of this country, we humbly take leave to lay the same
before your Majesty. The purpose of the said Act
is, that no person that shall, after the ratification thereof,
transport themselves into that Province, shall be
arrested, sued or impleaded in any Court, or be
imprisoned for any debt contracted before their arrival
in that Province, till and after 5 years after their said
arrival, excepting such who shall be indebted to your
Majesty or the Government in which they lived before
their coming thither; and it further excepts all persons
transporting themselves from your Majesty's Colony
of Virginia, and such who have contracted debts within
6 months before their arrival in the said Province.
The Act further provides, that if any person so transporting themselves, and having had the benefit of this
Act, shall depart out of that Province, and afterwards
return again, shall not then receive any benefit by the
said Act. Upon this we humbly represent, that notwithstanding the exceptions in the said Act, it appears
to us to be of very pernicious consequence to your
Majesty's Province of Maryland and the other more
Northern Plantations; for that the encouragement
and protection by this Act given to such who shall
retire thither is such, that great numbers of debtors
(particularly in Maryland, where the generality are
much indebted to the merchants in this Kingdom)
will be induced to quit their settlements and withdraw
themselves to Carolina, where by virtue of this Act
they may continue 5 years exempted from the payment
of their just debts, which mischief, if not timely
prevented, will very much lessen your Majesty's
Revenue in the dutys upon tobacco; wherein we are
the more confirmed by what your Majesty's said
Governor of Maryland has writ us, vizt., that several
families have already removed themselves thither,
where they may be out of the reach of their creditors.
We further humbly represent to your Majesty, that
this Act, not being consonant to reason, nor agreeable
to the laws and customes of this Kingdom, which the
Lords Proprietors are obliged to observe in the passing
of laws, the said Act ought to be repealed. But that
your Majesty may be fully apprised of this matter,
we humbly lay before your Majesty the opinion of your
Majesty's late Attorney and Solicitor General upon a
former Act of Carolina, which opinion we conceive
applicable in all respects to the present Act, viz. That
by the Grants of that Province made by his late Majesty
King Charles II, bearing date March 24 in the 15th
and June 20 in the 17th years of his reign, a power
of making laws, with the assent and approbation of
the Freemen there inhabiting, is granted to the
Proprietors, for the good and happy Government of
that Province, so as such laws be consonant to reason
and, as near as may be, conveniently, agreeable to
the laws and customs of England; and they were of
opinion that laws consonant to reason and repugnant
to the laws of this Kingdom are not warranted by the
said Charters, and that your Majesty may declare these
laws to be null and void; that your Majesty may
command that the same shall not be put in execution
or observed; and may also require and command the
Proprietors and Assembly of that Province by Act
of Assembly to enact and declare the same to be null
and void. And they were further of opinion that the
making such laws is an abuse of the power granted
of making laws, and will be a forfeiture of such power,
and that that power may be seized into your Majesty's
hands by scire facias in the Chancery, on the Patents,
or by quo warranto in your Majesty's Court of Queen's
Bench, if the laws were approved and confirmed by
the present Proprietors. Whereupon, having had this
matter under consideration, and concurring with the
above Report of your Majesty's Attorney and Solicitor
General; we doe humbly offer that your Majesty be
pleased by your Order in Council to declare the said
Law to be null and void, and that your Majesty be
further pleased to signify your Royal pleasure to the
Proprietors and Assembly of that Province, that they
do not permit the said Law to be put in execution,
but to declare the same null and void, as was done by
your Majesty's Order in Council of June 10, 1706, upon
the laws therein mentioned. The making of such a
Law we conceive to be an abuse of the power granted
to the said Proprietors, and a forfeiture of such their
Charters, which may be vacated by due course of law.
[C.O. 5, 1292. pp. 17–21.] |
Nov. 12.
Whitehall. |
1190. Council of Trade and Plantations to the House of
Commons. A list of Governors, as ordered Nov. 10. [C.O.
324, 9. pp. 150, 151.] |
| Nov. 12. |
1191. Order of the House of Lords. That the Commissioners
of Trade do lay before this House a state of ye Trade of this
Kingdom etc. Signed, Mat. Johnson, Cl. Parl. [C.O. 389, 19.
p. 178.] |
Nov. 12.
Whitehall. |
1192. Council of Trade and Plantations to the Lord High
Treasurer. Report upon Mr. Sliford's proposal [No. 967]. It
has been the constant practice of the Commissioners to send
for the most eminent merchants, as occasion required, to
discourse them about matters of trade, who have always attended
with great readiness, and have from time to time given ye best
accounts they could of the state of the several trades wherein
they were experienced. And we have reason to beleive that
we can not so safely depend upon the accounts or schemes of
trade which shall be collected and given in to us by the Proposer,
or any other single person, as we may do upon such as we
shall receive from the merchants themselves, since by discoursing
them, we may have an opportunity of being more fully informed
of all such matters by the questions and answers that may arise
in order to the forming our Judgement, and the laying the same
before H.M. or either House of Parliament, when required. For
besides that some Trades interfere with one another, it has
frequently been found by experience that in the management
of one and the same trade, merchants have differed in opinion,
according to their respective private interest or way of trade;
so that in order to form a right judgement upon any part of
our Trade, we think it absolutely necessary (notwithstanding
the informations the Proposer may lay before us) not only to
have the opinion of the most eminent and best experienc'd
merchants in the severall trades so interfering, but likewise
the different opinions, on one side and t'other, of the traders,
even in one and the same trade. This we think cannot well be
performed by any one person (especially under the character
proposed, which will not carry a sufficient weight). For the
person so to be employed, having an acquaintance with
merchants (perhaps no great traders) he may be inclin'd to take
his accounts from them, how partial soever they may be to their
own interest, rather than give himself the trouble of being
informed by strangers, tho' much more considerable traders,
admitting he could procure such accts. from thence; nor is it
easily to be beleived, that the most eminent merchants will
care to subject their accounts of trade to the representations
that may be made by a single person (unknown perhaps to
them), under the character of Agent; and if the Proposer has
been formerly concerned in Trade, 'tis possible he may be byassed
in his accounts, in favour of that particular trade, wherein he
was so concerned, to the prejudice of other parts of trade, or
partial to his own method of trading, contrary to the true interest
even of that particular trade. Whereas we do not find, that
the methods of inquiry used by this Board have at any time
been liable to the like objections, all matters relating to trade,
having as occasion required, been fully and impartially inquired
into, with the best assistance that could be had from the most
experienced merchts. and traders of the fairest character.
Mr. Sliford further proposes to correspond with merchants in
other parts of the Kingdom etc. What acquaintance the Proposer
has with such traders, we know not; but this method of correspondence being no more than what has been used by the former
Commissioners, or our Secretary, and the carrying it on by a
particular person under the character proposed, being liable
to the before-mentioned objections, we do not see of what use
such an officer can be to us in this particular. He likewise
proposes to settle a correspondence with H.M. publick Ministers
abroad, and any eminent merchants etc. in foreign parts, for
acquiring early notices of all material transactions of trade,
and especially such which most concerns England to know.
We find this has been practised by the former Commissioners
who, as occasion required, have had freqt. accounts from severall
of the publick Ministers and others of the state of Trade in the
respective places where they resided, and particularly in relation
to our trade with the two Northern Crowns for Naval Stores,
nor can we think but that they will have a greater regard to such
a correspondence wth. us, and be more exact in their accts. of
all matters relating to trade, than can be expected if the same
were carryed on by the proposer, or any other person under
the character of Agent. And either we must forbear all such
correspondencies while they are carryed on by the Proposer,
or put those Ministers to the charge and trouble of a double
correspondence. These are all the methods which the Proposer
lays down for procuring accounts or materials for a Trade
History, as he terms it. As for his method of entring the same
into Books, and the drawing up Abstracts and Memorials of such
Accounts, to be from time to time laid before us; 'tis no more
then what has constantly been done by our Secy. in a very exact
and ready method. We do readily concur in opinion with the
Proposer, that a full and exact Collection of all matters anyways
relating to trade, must be very usefull and necessary to our
forming a right judgement, and to the enabling us to discharge
the trust reposed in us for the advancement of Trade, yet from
anything he has offer'd, we can by no means agree that such a
collection is not to be made, but by some one person to be
constituted Agent for that purpose, since all the methods laid
down in his said proposal, to which he wholly referred himself,
have already been put in practise, and likewise severall other
methods not mentioned by the Proposer. Upon desiring
Mr. Sliford to give any one instance wherein Trade might be
improved, he mentioned the regaining the Greenland Trade,
the improving the manufacture of saile cloath, and the setting
up a trade for our home salt to the Northern Crowns. But being
pressed to show which way anything of that kind might be
effected, he absolutely declined to give any answer. The greatest
part of the business intrusted to our care does regard the
administration of the Government, the Laws, Commerce, and
the security of H.M. Plantations in America, wherein wee do
not see of what use the Proposer can be to us. So that upon
the whole matter, wee are of opinion, that the constituting such
an officer as is proposed, will not be of any use to us, or advantage
to H.M. service. [C.O. 389, 36. pp. 340–348.] |
Nov. 12.
Custome-house, London. |
1193. Mr. Savage to Mr. Popple. In reply to Oct. 22. The
Commissioners of Customs have again consulted with a profest
mathematician and others, who propose a system of measuring
ships described, which they desire you to lay before the Council
of Trade and Plantations. Signed, Rich. Savage. Endorsed,
Recd. Read Nov. 14, 1707. Addressed. 1 p. Enclosed, |
|
1193. i. Duplicate of Memorial, Oct. 22, 1707. |
|
1193. ii. Copy of a clause in an Act of 6 and 7 Wm. III. as
to the admeasurement of ships. 1¾ pp. [C.O. 5, 1315.
Nos. 74, 74.i., ii.; and (without enclosure) 5, 1362.
pp. 266, 267.] |
Nov. 12.
Barbadoes. |
1194. Governor Crowe to the Council of Trade and Plantations. By the packett bote that sayled hence the 5th inst., I sent
a full account of all occurrances heare, but doe not thinke it saife
to send coppys thereof by this single vessell, the Capt. desingeing
alone ffrom Antigoe. H.M. two men of warr are returned from
theire crousse, and brought up some more Indieans. By next
I shall troble your Lordships with a coppy of ye Agrement the
Commanders made with them. Signed, M. Crowe. Endorsed,
Recd. Read Jan. 12, 1707/8. Holograph. 1 p. [C.O. 28, 10.
No. 51; and 29, 11. p. 154.] |
Nov. 14.
Whitehall. |
1195. Mr. Secretary Harley to the Council of Trade and
Plantations. The Queen having ordered several estimates etc.
to be laid before the House of Commons, upon their Address to
H.M., I send you here inclosed a list of such of them as relate
to the Plantations, that you may take care to have the same
prepared with as much speed as possible. Signed, Rob. Harley. |
|
1195. i. Order of the House of Commons. That an account
of the state and trade of the Plantations be laid before
this House. Nov. 14, 1707. [C.O. 389, 19. p. 178.] |
Nov. 15/26.
Berbice. |
1196. P. Vanderheÿde Reze to the Directors of the Dutch
West India Company. Signed, P. Vanderheÿde Reze. Dutch.
2 pp. [C.O. 116, 20. No. 11.] |
Nov. 15.
Whitehall. |
1197. W. Popple, jr., to Micajah Perry. Encloses copy
of Mr. Savage's letter, Nov. 12, for the opinion thereon of the
signatories of Memorial, Oct. 22. [C.O. 5, 1362. p. 267.] |
Nov. 15.
Whitehall. |
1198. W. Popple, jr., to John Hyde. The Council of Trade
and Plantations desire to speak with you and any other merchants
trading to Maryland upon the Act ascertaining the guage of
tobacco hhds. etc. [C.O. 5, 727. p. 1.] |
