|
Nov. 2.
Barbados. |
178. Messrs. Sharpe, Walker and Beresford to the Council
of Trade and Plantations. Refer to former letters, and their charges
against Governor Crowe. We hoped that H.E. would have
waited H.M. determination of this affair or given us an opportunity of makeing good our charges, but on Sept. 25th he
removed us from the Council Board for presenting him with a
scandalous libel, as he was pleased to call our representation,
and tho' we insisted at the Council Board that we had done
nothing but what we conceived was our dutys pursuant to our
oaths, and had been prevented from offering in Council by the
several adjournments therein complained off, and tho we earnestly prest him that the said Representation might be read
at the Board and that he would enquire into the several allegations, and offer'd to prove them all and tenn times more,
yet nothing coud prevail on him to doe either himself or us
justice, but proceeded to suspend us from the Council, tho
several members offered to protest against such suspension,
and pray'd that we might be admitted to make good our charge,
which he rejected. We submit it to your Lordships consideration. if the suspension of Members of H.M. Council for offering their advice in matters to which they are obliged by their
oaths will not have a very fatal influence on the publick affairs,
etc. Signed, Saml. Beresford, Alexander Walker, Wm. Sharpe.
Endorsed, Recd., Recd Jan. 19, 1708/9. 1 p. [C.O. 28, 11.
No. 47; and 29, 11. pp. 374–376.] |
Nov. 2.
Barbados. |
179. Major Pilgrim to the Earl of Stamford. My last of
Aug. 28 acquainted you of my health and safe arrivall with
my wife and daughter in this poor distressed Island, occasioned
by the illegall and arbitrary proceedings of Mr. Crow, who
governs by his will and pleasure, as is dayly seen by everyone,
to the great greif of the poor inhabitants, a great many of
which have been ruin'd by the late Paper Act, and now Mr.
Crow with the Assembly are projecting another Paper Act,
which if he can get to pass the Council will wholy ruin the
poor Island, which he endeavours to accomplish by suspending Mr. Sharpe, Mr. Walker, and Mr. Berrisford, for acquainting him of his illegall and arbitrary proceedings, etc. He
has placed two in their places, (viz.) one Barwick that came
here from England in the ffleet with me, and is Mr. Blathwait's
kinsman, and will doe what he will have him, the other is one
Aynsworth, who is another tool for his purpose, at the suspending the above gentlemen, Mr. Cox and myself did protest against
his suspending them, and desired our protest might be entred
in the Council book, which we showed to him, which he refused,
telling us he did not ask any man's consent to the suspending
them, but did what he thought fitt; I asked him why he called
a Council, there being no other business that day, if he did
not intend to take their advice, to which he replyed, he would
call them when he pleased; the next sitting of the Council,
the Minutes of their sitting before was read, and there the
Minutes said the former day's minutes were read and approved
of, to which I told him it was a wrong minute, for that Mr.
Cox and myself desired our protest might be entered, and we
were dismissed, so that we did not approve of the same, his
answer was nothing should be altered, and we might write for
England and make the most of it we could; and the last sitting
of the Council, there were severall petitions heard, there being
only five Members which made a Council and Mr. Crow, a
petition being read and argued, three of the Members were for
the petitioner, two against him, Mr. Crow voted against him,
which made the votes but equall, nevertheless he gave it against
the Petitioner; I told him the votes were equall, and unless he
had two votes, it was not carried, his answer was, wherever he
voted, he would carry it. By all which your Lordship may
see he will doe what he thinks fit; he has now severall suits
depending in the Chancery where he is Judge in his own
cause, he has also severall suits at the Common Law now
depending, and no Governour before him ever had the like,
he has a Judge in the precincts where his causes are to be
tryed, that will doe what he will have him; the said Judg
is Speaker of the Assembly and is more in debt than he
is worth; so that did not Mr. Crow keep him in a Judge,
his crediters would fall on him, and extend all his estate, so
that this Judge must do something for this favour; you must
also note that this Judge is Judge in the precincts where his
estate is, so that he also is Judge in his own causes. As
to the Millitia, he makes so often alterations in the Feild
Officers, in turning out and putting in new ones, that at this
time we have not two regiments settled in the Island, which
would be of ill consequence, were we attack'd; by all which
I hope your Lordship will commisserate our deplorable condition, by making known the same to H.M., that we may be
releived from a Governour that has acted illegall and arbitrary,
which will easely be made to appear very plain by the suspended gentlemen, and by a great many other complaints made
against him. Signed, Jno. Pilgrim. Endorsed, Recd., Read
Jan. 20, 1708/9. 3 pp. [C.O. 28, 11. No. 48; and 29, 11.
pp. 377–380.] |
Nov. 2.
Barbados. |
180. Governor Crowe to the Council of Trade and Plantations. Acknowledges letters of July 13, Aug. 4 and 13. Your
Lordships' commands shall be punctually observ'd, etc. I cannot but take notice of the Custom-hous officers' remissness in
their duties; they pretend to dispose of all inferiour places
by order from the Commissioners in London, so that Governor's
directions is not regarded by them, nor will by any others,
except H.M. will be pleased to support it by showing her displeasure on those that have so scandalously condemn'd it. Refers
to enclosures. I hope that your Lordshipps will make such a
representation thereof, that I may have justice don me—and
the authority of the Governmt. preserved, for as it now is,
a Governor's whole time is taken up in vindicateing himselfe
against the unjust aspertions of a sett of ill-designing men,
who want nothing but a change, in hopes their corruptions
will (as heretofore) then take place. I refer your Lordships to
the Minutes of Councill of Sept. 25th for my reasons of displaceing them, wch. I doubt not will be as well approved
off by yr. Lordships as it has been here; there then wanting
two Members to make up the number seven, I offer'd to reinstate
Col. Hallet and Mr. Salter, but they both refus'd it, with
this excuse, off experiencing the uncertainty of the continuance,
so I thought it was not proper to run the hazard of the like
answere from Messrs. Colleton and Warren, therefore pitcht
upon Mr. Samuel Barwick and Mr. James Aynsworth, who
are gentlemen without exceptions, and very agreable to the
people Yr. Lordshipps will receive their characters from their
friends in England, wch. I hope will be so satisfactory to
yr. Lordshipps, that they will be confirm'd by H.M. At the
request of the Grand Jury, Generall Assemblie, and Attourney
Generall I have, with the unanimous advice of the Councill,
alter'd that rule in the Chancery Court, whereby the Register
in Chancery unjustly demanded and kepp 10 p.c. (of all mony
deposited) for his own use. Mr. Mein, who went home in
H.M.S. Greenwich, can give your Lordships a very particular
acct. of all occurrences dureing his time. I suppose your
Lordships will think fitt to supply his place in the Councill.
H.M.S. Weymouth about 20 days ago took off Martineek a French
shipp of 120 tunns loaden from Nants with beefe, pork, flower,
wine and brandy, wch. has been sould here. The Assembly
are now about raising a leavy to pay off the country's debts,
wch. amounts to above £20,000, but the methods they propose
are not so agreable to the merchts. as I could wish, the bill
now lys before the Councill, for their consideration. As soon
as the publick accts, are all stated, yr. Lordshipps may depend
on a coppy thereof. Signed, M. Crowe. Endorsed, Recd. 22nd,
Read 24th Jan., 1708/9. 3 pp. Enclosed, |
|
180. i. Representation of Mr. Sharp, Mr. Walker and Mr.
Beresford to Governor Crowe, touching his maladministration, etc. Duplicate of Sept. 1, 1708. Endorsed as
preceding. 7 pp. |
|
180. ii. Governor Crowe's Reply to the foregoing complaint.
Nov. 2, 1708. The Council has alwayes been called when
anything occurred, and never mist the usual monthly
sittings, but on Aug. 3 last, which was occasioned by a
cold and feaver that confined me to my chamber for four
days, and on the meeting of Council, Aug. 30, I gave
them the reasons for not holding on the next day,
which they then approved off, and notwithstanding
I demanded, if they had anything to communicate for
the service before the Council was adjourned, they
declared they had not as per the Minute here adjoyn'd,
and by those already at large sent home, will appear.
Although they tell of general dissatisfactions (which
I immediatly thought convenient to inform myself of
by the Generall Assembly), your Lordships will perceive the falcity of that assertion by said General
Assembly's Address. It has alwayes been the custom
of the Assemblys to meet (altho' the Council did not
sitt) to prepare buisness or bills, in order to be passed
into laws by the Governour and Council, as by all
former Minutes of the Councill and Assembly sent
home may appear I never did, nor do they instance
any Cause of Error or Grievance determin'd without
the due forms by a majority of the votes of the
Councill, and as to what relates to ye affairs of Sir
Willoughby Chamberlain, as my wife is sole executrix, all determinations relateing thereto was unanimously consented to and adjudged by the Council, and
their prayer for my decreeing accordingly. I have
duely observ'd H.M. Instructions in the disposal of
Civil Offices, nor do they give one particular instance
to the contrary, and as to ye millitary, I refer to
the above Address, of the satisfaction of the people
under the present Officers. But I must observe that
untill this paper, those Gentlemen, if there had been
any error committed, never were so just as to advise
me thereof. I never consented to the Assembly's employing any Agents in England, nor did the General
Assembly ever ask my leave for so doeing; as for the
Council not sitting so often as at my first comeing,
the reason is evident, that I then so regulated the
affairs of the Government, that there was no occasion
for such a constant attendance, nor do they mention
one instance. As to the dreadfull apprehensions of
another Paper Act; I referr to the General Assemblies
Address. As to the charges 3, 4, 5, 7, refers to
enclosures. As to 6, setting aside orders, I apprehend
it was alwayes the custom of the Court of Chancery
in this Island to be determined by the vote of the
Chancellor when the votes were equal, and so the
Barristers were of opinion, otherwise the party supposed to be grieved would have objected thereto. (7).
If my private secretary, Mr. Skene, committed any
abuses in extorting undue fees, it was contrary to my
orders, and what I am wholly ignorant of, never haveing had any complaints relateing thereto. Nor did
ever I determine any matter of law by private petitions, they do not give any instance, only that I
threatned Mr. Summers, wch. was for abusive language, and not for not complying with the just debt;
I have to relieve the poor (who before my arrival
were much oppressed, and durst not complain of a
rich planter, for if they did to any neighbouring Justice
of the Peace, had little or no redress.) I set aside
one day of the week to hear their complaints, and
have taken all proper methods to relieve them, which'
was the only means to protect them from their accustomed oppression, and to keep them amongst us, as
also to oblige the Justices of ye Peace to comply with
their dutys. As to the case of Bamfeild against Waterman, the petitions are not to be found in the Offices.
So that I cannot remember what was ordered in that
case, but that there's no complaint from the partys.
(8). As to stopping executions after judgment at Common Law, it has alwayes been done by petition and
injunctions granted. (9). As to Mr. Arnol and Grey's
fine, it was done on their petition according to my
Instruccions; it's true Mr. Arnol being next neighbour
to one of my plantations and seeing the neglect of my
overseer, did send 30 negroes for two dayes to help
to hole a piece of ground, wch. is not yet paid for.
It amounts to £1–10–0 at 7½ per day. (10). As to
Mrs. Walter's recovery against Farmer's estate, refers
to enclosure. On the day appointed for the hearing
the petition, it was dismisst by the plaintiff's consent,
on a better understanding between her and the defendants, as I was informed. They do not instance
any one case of hardship putt upon any person, on
a private petition. (11). As to the affair(s) of the
Grand Sessions, I do not now remember it. But why
did not these Gentlemen who were Councillors, as
Messrs. Sharpe and Walker, and at that time on the
bench, as it was their duty then to have informed and
advised me better, if by my then sickness in Court,
or inadvertency any mistake had been committed. Nor
did I ever hear this affair mention'd before this paper
charge. It was also the duty of the then Attorney
General to have protested against any irregularity of
ye Court. (12). There is no instance given or ever
any question made (but by these Gentlemen) of my
partiallity in judgment, either in Chancery, Error or
Grievances, nor of receiving any presents but from
Mr. Slingesby. Refers to enclosure. (13). If I continued at Pilgrim after the Act of £500 was past, it
was well known the reason was because I could not
rent a convenient plantation, and that my own house
was at that time fitting up. (14). As to imprisoning
Judge Buckworth, refers to enclosure. The noli prosequi was entred by the Attorney Generall without any
order from me. (15). As to the committing the undergoaler Smal, it was for contempt and letting prisoners
for debt goe out of prison. (16). As to imposeing
new oaths, it's like the rest, false. (17). As to trade,
I have been so far from discourageing, that never no
Governour went so far to encourage it. (18). And as to
the Sherbrough ffrigot, I believe the concern'd do not
think they have any ground for complaint. That affair
would have been brought to a trial, if the Custom
House Officer who ought to have prosecuted, had not
failed in his duty. I never gave any orders, or obliged,
or ever so much as spoke to any Master to have his
petition drawn by my private Secretary, or ever refused, when it was propper and consistent with H.M.
Instructions, to sign any petition for sailing, nor do
they pretend to give an instance, but in the general
discontent. (19). As to appointing Coll. Cleland Lieut.
Governor, these Gentlemen would make a handle thereof
to insense the People, who know as well as they that no
Lieut. Governor can be appointed here but by H.M.;
so I could not by letters or otherwise pretend to the
disposal of it without H.M. approbation: whatever might
be pretended in this was before I left England, when
H.M. was pleased to order my returning into Spaine
as her Envoy extraordinary and Plenipotentiary but, on'
the planters' and merchants' petition for my comeing
directly for Barbados, there was an end of it. (20).
As to the not passing the new Excise Bill, it was
the Gentlemen of ye Councill who disputed it with
the Assembly on account of the Agency being incerted
therein, and had several conferences with them thereon,
nor was ever the General Assembly adjourned on that
account; much to the contrary, long before their time
expired they were ordered to sitt de die in diem, untill
that should be accomodated between them, to which
I referr to the General Assembly's Address; nor in
the interval, to the best of my memory, did there more
than one smal sloop arrive with 35 pipes of wine consigned to Mr. Mackenzie, the duty whereof amounts
to no more than about £157–10–0. (21). As to the
alterations in the Militia, I was several months in the
Island before any was made, and those that has since
been, are to the general satisfacion of the people,
as appears by the Assembly's Address. (22). As to
the Brigadeer, there are two that bears that Commission, which they mean doth not appear, but I
must do them both that justice, as to declare my opinion
of their being gentlemen of as good estates, and as
much honour, courage and integrity as any in this
Island. And as to the Judges, there has been but two
new ones made since my arrival. The first was Coll.
Reynd. Alleyne, of whom I have not heard any complaint, and Coll. Downes, who has for some years
been Speaker of the General Assembly, and in his
place as Judge as done his duty with as much expedition
and justice as ever any man that sat on that Bench.
Whatever disadvantages any of these Gentlemen might
at my first comeing to this Island lye under by misrepresentations to me from some of these discontented
persons or others, I have now been long enough here
to know them personally, and think myself obliged to
acknowledge my satisfaction with their conduct and
proceedings. As to their charge of my illegally dispensing with the law in Coll. Holder's case, it is as
falsely represented as the rest; ffor what was done
in that case was in a Court of Grievance and voted
by a majority of the Councillors, by which I was
obliged to give sentence, so that I had no other share
therein than to pronounce the judgment, as in all
other cases, which is carried by a majority of votes
in Council, which by my oath I was obliged to, as
the General Assembly was soon sensible of, and that
was the reason they did not proceed on the Representation, haveing detected the false insinuations by which
they were led into that error, and Mr. Beresford gave
his vote for ye supporting that Order he now exclaims
against. So that there doth not in the least appear
what they so falsly and scandalously assert, that by
any way or thing I have prostituted the dignity of
the Government, or sacrificed the publick good to my
private safety, etc. (23). As to their additional charge,
dated Sept. 1, 1708, their false pretence of want of
oppertunity or time to consider of publick affairs is
answered by the Minutes of Councill, and as to the
Assemblys addressing H.M. without the concurrence
of the Council, it is both parliamentary and hath often
been done by former Assemblys, and is a priviledge
that even a private subject cannot be debarred from,
nor did any of these Gentlemen give me notice of
such proceedings of ye Assembly (untill by their paper),
that I might, if there had been any just grounds, have
stoped it. (24). And as to my permitting of the Assembly disposing of the publick money without advice
of the Council, it is so notorious[ly] false, that the
Assembly never offered or demanded any such thing,
as by their Address. So that I think it's plain how
falsely and scandalously they have abused me. Upon
the whole matter it appears that the instances these
gentlemen have given of male administracion (if they
were true), were matters transacted many months since,
so that, if the zeal they pretend for H.M. service and
a due administration of the affairs of this Governmt.
were real, they, on consideration of their oaths and
duty as Councillors, ought long since to have given
me their opinion and advice in these matters, which
I do averr they never did till the delivery of the
said paper, excepting only Mr. Sharpe's protest concerning the business of Coll. Holder, which was the
last Council day before the delivery of this paper:
and it is observable that they do not so much as
pretend they had ever given me any advice in the
affairs complained of, till the delivery of said paper,
which would have been such an aggrevation as they
would not have omitted, as may appear by the temper
shewed in their remonstrance. I beleive they will
not be justified in treating me in the manner they
have done, when I am by H.M. Commission their
Governour, which could tend only to create sedition
and ffaction in the Island, and endanger the safety
thereof. What this action of theirs and their publick
proclaimeing and bragging of it had like to have produced may in part appear by enclosure. In respect
to the Queen's authority, I think their advice should
have been given with some decency and modesty, and
without the many unnecessary and impertinent reflections with which it is filled. And if my managment
of this Government had been imprudent or even criminal, till H.M. had judgd it so, I beleive they cannot
justifie their insolence, which, if it go uncensur'd,
will be a president for the like treatment of future
Governours, the consequence of which may be easily
forseen. It was neither zeal for the Queen's service
nor sense of their duty that moved these Gentlemen
to deliver the said paper to me, but some of the true
reasons are these:—On Aug. 31, 1708, in the Assembly
of this Island there happened some warm debates concerning the accusation and imprisonment of Mr. Lillington and Coll. Downes for High Treason, in the later
end of Sir B. Granville's Government, and the forceing from one of them, as it was said, great summs of
money. The Assembly thought it very much for the
safety of H.M. subjects of this Island that so villainous
a practice should be thoroughly enquired into and detected, and in the said debates Alexander Walker and
his brother William Walker Esqs. were by some of
the Members charged to be persons against whom
there was violent cause of presumption, that they first
had suborn'd an evidence to swear against the said
gentlemen, and that they had after their commitment
made their advantage of it, but that debate was adjourned till a further and more particular discovery
might be made, wch. I am informed is carried so far
that one or both of those brothers will probably have
a trial at ye next Grand Sessions, which is to be on
Dec. 12 next. The Assembly then proceeded to consider of other transactions of Alexander Walker, and
particularly of his takeing a sum of money of Col.
Holder for promoteing and voteing for the Banke bills
issued in the time of Sir B. Granville, the said Walker
being then a leading Member in the Assembly, on
which they made an Address to me (enclosed). The
said Walkers sometime before foreseeing that there
would probably be some enquiry made into those matters, by many applications and insinuations endeavourd to gain the same credit and power with me
that they formerly had with Sir B. Granville, supposeing that the only way by which they could avoid
the penalties of the Law if they were prosecuted here,
but being before that well informed of their characters,
their endeavours were in vain. Thus the matter stood
till the Assembly proceeded and addressed as aforesaid
on Aug. 31, when, finding themselves without the protection they expected, and despairing thereof whilst I
continued in this Governmt., they framed the aforesaid
libell, and Alexander Walker prevailed with Mr. Sharpe
and Mr. Beresford to joyne with him therein, and deliverd it to me the next day after the proceedings of
the Assembly, being September 1, artificially dateing the
first part of it August 27, as if it had been prepared
sometime before the said proceedings of ye Assembly.
To omit many other reasons which Sharpe had, not to
seperate himself from the Walkers (with whom he
has alwayes been strictly united), his very great debts
and low circumstances in ye world have given him
sufficient occasion to be dissatisfied with the frequent
sitting of the Courts and more speedy execution of
justice in the time of my Government than was formerly
used in this Island, as by the Records of the Courts
and the general confession of all persons interrested
here may appear by enclosure. It will likewise appear
that he now owes the sum of £15,739 by judgments,
besides what he owes on bonds and open accounts,
so that for want of the security from payment of his
debts which he formerly enjoyed, and the hopes he
publickly declared he has of this Government on the
next vacancy, he has been tempted to joyne with the
said Walker. As to Mr. Beresford, he was first placed
in the Council by Mr. Sharpe in the time of his
Presidentship, and is a dependant on him. His low
character in the Church I believe is well known to my
Lord Bishop of London, his Diocesian, as well as to
all persons here, some part of which will appear by
the depositions of Brigadeer Thomas Alleyne and Mr.
Salter, sent herewith. I think his temper will likewise
appear by the paper to which this is an answer, which
showes not much of the spirit and discretion of a
worthy and sober Divine fitly qualified to be a Member
of H.M. Council. What I believe has most provoked
those Gentlemen is to see their scheem of Government
projected in the President's time by Mr. William
Walker, as by his letter to Coll. Cleland, and Cleland's
explanation thereof to the Assembly, wholly frustrated.
Coppy goes herewith. I hope by what has been said
it will appear that those three Gentlemen has falsely
and scandalously abused me. Signed, M. Crowe. Endorsed as preceding. 10½ pp. |
|
180. iii. Certificate that the following are sworn copies of
the originals. Signed, M. Crowe. Nov. 1. 1 p. |
|
180. iv. (a). Minutes of Council of Barbados, Aug. 30, 1708. |
|
180. iv. (b). Address of the Assembly of Barbados to Governor Crowe, in reply to the paper of Messrs. Sharpe,
Walker and Beresford. Sept. 4, 1708. |
|
180. iv. (c). Depositions and petitions of Arthur Slingesby,
Susanna Scott, John Pittman, Thomas Baron, Tho.
Godfrey, Arthur Upton, W. A. Moore, Wm. Godman,
Wm. Shuller, Patrick Thomson, John Holder. |
|
180. iv. (d). Minutes of Council of Barbados, Oct. 11, 1707—July 6, 1708. |
|
180. iv. (e). Copy of Warrant for arrest of Cuthbert Mitford
on the petition of Joseph Swaine. Nov. 1, 1705. |
|
180. iv. (f). Copy of petition of Richard Williams and an
order against John Summers for payment of a debt
referred to therein, after he had refused to attend the
Governor. Aug. 18, 1707. |
|
180. iv. (g). Copy of petition of Katherine Herbert, and summons
against Alexander Walker, dismissed July 26,
1708. |
|
180. iv. (h). Depositions by Thomas Baron, Secretary, that
he cannot find in his office the petition said to be preferred by John Holder against the proceedings of the
Bank Marshal, or of Gibbes v. Walter, or Bamford v.
Waterman. Oct. 12, 1708. |
|
180. iv. (i). Petition of Manuel Manasses Gilligan and Butler [Chamberlain] his wife, administratrix of Sir John
Witham, Bart., for leave to appeal from a decision
upon an action of detinue against William Battyne,
Cuthbert Mitford and John Cleland. Granted, provided the negroes in debate be found upon appraisement to be of the value of £500. Leave to appeal
was then refused, April 24, 1708, upon the grounds
that the warrant of appraisement was not duly executed. |
|
180. iv. (j). Address of the Assembly to Governor Crowe,
Aug. 1, 1708. Pray that Alexander Walker may be
removed from the Council, if Col. Holder's allegation
be proved, that he received £527 out of the profits of
the Bank Bills, he having zealously promoted the Paper
Act, etc. |
|
180. iv. (k). Certificates of 20 judgments entered against
William Sharpe since 1681, varying in amounts from
£3000 downwards, upon which no satisfaction has been
made. Signed, Wm. Burnet, Cl. Cur. |
|
180. iv. (l). Deposition of Capt. Alexander Arnot, that in 1706
he with Capt. Christopher Jackson, entered into bond
of £2000 for Cuthbert Mitford, then taken up on a ne
exeat insula on a bill in Chancery filed against him
by the Attorneys of Mitford Crowe, then in England.
Soon after, they caught him at sea endeavouring to
escape and refused any longer to stand his security.
Oct. 28, 1708. |
|
180. iv. (m). Deposition of Richard Downes, Nov. 1, 1708.
On Sept. 4, when he was with H.E., Mr. Bate waited
upon deponent. In reply to his enquiry by letter
as to his business, he received a letter from Mr. Bate:
"Sir, my business was to give you a letter from Col.
Codrington, written at the desire of 4 or 5 gentlemen,
who are willing to preserve the rights of their constitution as long as they can. The business of the letter
was this, that if publick business could not be dispatcht
without private quarrells (which as it was your duty.
so you had authority enough to prevent), it was not
reasonable Mr. Maxwell and Mr. Carter should be engaged alone, but that Mr. Carter had 3, 4 or half a
dozen freinds to attend him whenever his enemys
should think fitt to call on him. Wee went to drink
chocolat with Col. Carter this morning, and haveing
made him our complements came back to towne. Signed,
Raynes Bate. Sept. 5, 1708. For the honble. Mr.
Speaker Downes. The whole endorsed, Recd. 22nd,
Read 24th Jan. 1708/9. 62 pp. |
|
180. v. Address of the Assembly of Barbados to Governor
Crowe Oct. 5, 1708. Return thanks for abolishing
the practice of the Registrar of the Chancery Court in
keeping to his own use 10 p.c. of money deposited in
the Court. Same endorsement. 1 p. |
|
180. vi. Deposition of Thomas Alleyne, Oct. 8, 1708. After
the Council had risen from business, they were one
day discoursing of the debaucherys of the youth of
this Island, and particularly toward ill women. Some
of the company said that Oxford and Cambridge affoarded as great oppertunitys for that vice as any
place else. Deponent replyed, he was sorry to hear
that, he haveing a son at each University, and that if
he should know either of his sons guilty of such wickedness, he would discard them from his favour. Mr.
Samuel Beresford said he was of a quite different
opinion, etc. Same endorsement. 1 p. |
|
180. vii. Minutes of Council of Barbados, Sept. 25, 1708.
Same endorsement. 2¼ pp. |
|
180. viii. (a). William Walker to Col. Cleland. A project
for sharing the Government in Mr. Sharpe's Presidentship. W.S. to be made Commissary General with
the allowance formerly projected, and the Treasury
being secured to J. H[older], I believe he'l be content
to quitt the Bank. Then W. C[leland] and A.
W[alker] to have the management of the Bank, and
J[ohn] S[harpe] to have the direction of it under
them, with a certain sallary, and W. S. to have out
of the profitts of the Bank £4 or £500 per annum. And
in regard of the loss the Register's Office will sustain
by reason of the Bank credit, R[obert] S[tewart] or
W. W[alker] dureing his continueing in the said office
be allowed £4 or £500 per annum out of the profitts of
the Bank. The letter is signed Philotas and writt in
Mr. William Walker's own hand. |
|
180. viii. (b). William Walker's explanation of above to the
Speaker. April 24, 1707. Neither Col. Holder
nor I approved of this project. Another project was
by James Vaughan, who declared the President was to
have £2000 to dissolve the Assembly and grant new
commissions etc. Signed, Wm. Cleland. Same endorsement. 1½ pp. [C.O. 28, 12. Nos. 2, 2. i.–viii.; and (without enclosures) 29, 11. pp. 385–390.] |
Nov. 2.
Whitehall. |
181. The Earl of Sunderland to the Council of Trade and
Plantations. Encloses extracts from Col. Jenings' letter of
June 24, relating to Indian trade and European goods etc.,
and from Governor Parke, July 1, relating to trade with Martinique. "Of which advices, you'll please to make such use
as you shall judge to be for H.M. service." Signed, Sunderland.
Endorsed, Recd. 3rd, Read 8th Nov. 1708. 1 p. Enclosed, |
|
181. i., ii. Extracts of letters referred to in preceding. See
under June 24 and July 1. 2½ pp. [C.O. 5, 1316.
Nos. 6, 6. i., ii.; and (without enclosures) 5, 1362.
pp. 303, 304.] |
Nov. 3
St. Christophers. |
182. Governor Parke to the Council of Trade and Plantations. Inclosed I send an Address from the Lt. Governour
and Councill of St. Kitts to the Queen, all has signed but
Capt. Crook, who is so disabled with the gout he cannot hold
a pen, or he had sign'd it, the Assembly as soon as they sitt
I dont boubt [sic] but will signe it; I am but just come from
Antigua, as soon as the Fleet is dispatched, I shall vissitt the
other Islands of Nevis and Montserratt. I have no doubt but
to have an Address in my behalfe from them, notwithstanding
Col. Hodges is my enemy whome I disobliged by chaseing away
the Daneish sloops; I have sent an attested coppy of the Lieut.Governour and Councill of Antigua's letter to me and their
letter to Mr. Cary their Agent, for I ordered them to be entred
on the Councill Books; It's very surprizeing that I should
be guillty of so many crimes, and in such a small Government,
and that nobody should know of it but a caball of five or
six people, for tho by extraordinary methods they have got
many to signe the Articles and Address, yet they know not what
they are; I hear they have taken depositions before the Cheif
Justice, one Samuel Wattkins; I beg leave to informe your
Lordshipps the charectar of this man. I found him Cheif
Judge, and by my Instructions was not to turne him out.
Sometime before he was made Cheif Justice, he murder'd a
man that had neither stick or sword in his hand, the Jury here
brought him in guilty onely of manslaughter. (There never
was any inhabitant that ever I heard of brought in guilty of
murther; There was a merchant once, one Lloyd, they did bring
in guillty, the reason they gave, he had sold his goods too dear).
Coll. Codrington pardon'd his manslaughter, and some time
after was made Cheif Justice, therefore he thinks he ought to
do all manner of clandestine things to carry on Codrington's
intrest. I have the misfortune to disoblige this Gentleman by
makeing a decree; the story is this, one in Buckinghame had
sent some goods to Antigua, he to whom they were sent died;
Wattkins, the cheif Justice, and Mr. Feild were executors;
Feild refused, but Wattkins acted as Executor, one Andrew
Martin was sent over to sue Wattkins, but was three years
about it to no purpose, at last brought it before me in Chancery,
he plainly prov'd his debt. I had the whole Councill with
me, who were unanimous of opinion I ought to decree for the
Plaintiff, which I did; 'tis impossible for your Lordshipps to
imagine what a clamour this decree made, tho' the most just in
the world. That which galled them was that an attachment
went to take him up untill he had paid the man the mony
decreed, this they cryed was ruineing the Island and breaking into
their constitution, for by their Court law a debtor may tyre out
his creditor till he obliges him to take what he thinks fitt;
for after a man has obtain'd judgement, he must give 20
dayes notice to the debtor before he can lay his execution.
In that time he removes what the execution can be levied upon
to his next neighbours, and it must be 6 months before he can
have another, and then he must againe give 20 dayes notice,
and so on for eighteene months, and if the Marshall should
catch his effects (which is very improbable), then the creditor
must choose two and the debtor two men to appraise the
goods, and the Law sayes, except they all four agree, it shall
be no appraisement, now 'tis hard if the Debtor cant find one
friend that will not agree to the appraisement; so that I may
justly say they have established iniquity by a Law, and in Antigua any man may choose wether or not he will pay his debt,
tho' one has his bond or judgement; this may seem strange,
but 'tis very true, read but the Law, and your Lordshipps will
see it; What they call my goeing about to ruine their country
would be the makeing of it, they would have more goods sent
them, if a man knew how to come by his owne, after he had
trusted it out; and if the rich did not oppress the poor as they
do; a fellow that a few years ago was not worth a groat haveing by wayes and means got into a Plantation and some negroes,
tyranises over all the poor about him worse than a Bashaw;
There is one Daniel Mackenin, that 20 years ago was chyrurgeon to a little merchant ship, has drove off the Island near
a hundred men, all the land where he lives was inhabited
by poor people, that live upon some three, some five and some
ten acres of land, for a little land here will maintaine a poor
family. I could name you severall instances of the like kind,
thus the poor are drove off, and the Queen loses so many subjects;
for they go to the Dutch or Daneish Islands, or to some
of the little Islands to Leeward, which is the same thing, for
what they make they sell to the Dutch or Danes; 'tis the
intrest of the Brittish Nation that the Islands should be well
inhabited, and not ingrossed by a few rich men; all these
Islands decreases in inhabitants every year, and will do so
untill the Parliament makes some laws to keep the poor on the
Islands, and keeps the rich from breeding up their slaves to
all manner of trades, and from oppressing the poor, and wholesome laws to encourage trade by makeing it easy for creditors
to come by their debts, and the poor have justice against the
rich; it must be the Parliament must do it, for they have
such laws putts it out of the power of a Governour, except
he will dispence with their Laws, wch. I shall observe, tho'
they were worse than they are (which can hardly be). Whatever Governour goes about to remedy these abuses, and will hear
the complaints of the poor against the rich will fall under the
same fate with myselfe, bring a wasp's nest about his ears;
there are a great many Gentlemen, as all the Councill in
generall, would gladly make laws to remedy these evills, but
the Assemblys will not give into it. Your Lordshipps may
see in the Minutes of the Councill of Antigua how many
messages I sent with the consent of the Councill to the Assembly to get a wholesome law made for regulateing the Courts
of Judicature etc., but to no purpose; my endeavouring both
publickly and privately to perswade them to make wholesome
laws, and my endeavouring to prevent a clandestine trade to the
French, Dutch and Daneish Islands carryed on by the Factors
here to the prejudice of the merchants in England (for 'tis
with the effects they ought to send home to their employers that
they carry on this trade). These, my Lords, I may justly
say they think are their great greviances whatever else they
may pretend to, or they had not subscribed such a great summ
of mony to be disposed off to gett me removed that have done
no one of them any injury either in their person or estate,
nor never took any advantage of any masters of ships not
haveing his register; but on the contrary have to the utmost
of my power encouraged all fair traders (tho perhapps Mr.
Chester may say his sloop that was catched landing of hollands and other goods was a fair trade). I never spared
my person any fateigue to do the Islands good, and yett I am
complained off, and not paid my sallary for house-rent neither;
they would neither do that nor give the soldiers quarters except
I would give away the Queen's negative voice; this was what
Codrington contrived for me; if I had betrayed my trust, the
Queen would have removed me, if I did not, they would give
me no sallary. Signed, Daniel Parke. Endorsed, Recd. 18th,
Read 20th Jan., 1708/9. 6 pp. [C.O. 152, 8. No. 5; and 153,
10. pp. 267–273.] |
Nov. 3.
St. Kitts. |
183. Governor Parke to Mr. Secretary Boyle. Encloses letter from Lt. Governor and Council of Antigua and address
from St. Kitts, by wch. you may see what just cause Col.
Codrington and his emissarys have to frame articles against
me. They have raised a great summe to be distributed in order
to gett me removed, in their cupps they name how much such
a one is to have and how much another, whose names I durst
not so much as mention beside a vast quantity of cytron
water for presents, for my part I could not gett any, Col.
Codrington had bought it all up in Barbadoes. I don't doubt
but their articles will prove as falce and scandalous as Mrs.
Bowden's, in whose petition there was not one word of truth,
as I have allready proved, and by the next packett will be certefied
by the Lt. Gover. and Councill of this Island: and yet this
scandalous petition was read before the Queen and Councill as
was procured only to throw dyrt: my friend Col. Lillingston,
who is Mr. Bowden['s] brother, I sopose had read Machiavill,
both he and Codrington think if they fling dyrt enough some
will stick. Signed, Daniel Parke. Endorsed, Recd. Mar. 12.
Holograph. 2 pp. Enclosed, |
|
183. i. Governor Parke to Mr. Secretary Boyle. Sept. 29,
1708. Duplicate. 2 pp. |
|
183. ii. Lt. Governor and Council of Antigua to Governor
Parke. Aug. 24, 1708. We do not know of any male-
administration your Excellency has committed, etc.
Duplicate. 1 p. |
|
183. iii. Address of the Lt. Governor and Council of St.
Kitts to the Queen. Oct. 31, 1708. In praise of Governor Parke, as preceding. We conceive the Articles of complaint against him will be deemed groundless. The malecontents have raised £5000 to be
disposed of by Mr. Nevin, etc. Signed, Mich. Lambert,
Hen. Burrell, John Garnett, Steph. Payne. 1½ pp.
[C.O. 152, 42. Nos. 10, 10. i.–iii.] |
Nov. 3.
Whitehall. |
184. W. Popple to W. Lowndes. Reply to Oct. 26. The
Council of Trade and Plantations are informed the surgeons
are in hopes the said Gilles' wife may be cured of the cancer
in her breast in 3 or 4 months time. Proposes that he and
his family be allowed H.M. bounty in proportion as the other
Lutherans before their departure. [C.O. 5, 1121. p. 327.] |
Nov 8.
Whitehall. |
185. Council of Trade and Plantations to the Queen. Representation upon Addresses from New Hampshire for a supply
of arms etc. By reason of the great charges and loss of men
which the inhabitants have sustained in their necessary defence
against the frontier Indians, assisted by the French from
Canada and Port Royal during the late and present war, we
do believe they are much weaken'd, and reduced to a necessitous
condition. The Province lying to the sea, and the principal
settlements thereof being on the Piscataway, a large and navigable river, (among other advantages in trade) it is so well
furnished with ship timber of the best sort and largest size,
that it supplies masts and other materials fit for the use of
your Majesty's Royal Navy; we are therefore of opinion that all
due care should be taken, and fitting provision made for the
security of that Province, which (in regard of the present
condition of your Majesty's subjects there) will require a supply
from your Majesty of such stores of war as may be proper for
their defence. Col. Dudley having omitted to transmit to us
a state of Ordnance Stores there (for the doing whereof circular
letters have lately been sent to him, and to the other Governors
in America) on this occasion we writ to the principal officers
of your Majesty's Ordnance for an account of what stores of
war were last issued by them for the use of New Hampshire,
and when issued, who having made a return, we find that in
July 1692 a supply of powder and small stores was sent thither
from that Office, but it does not appear that any cannon or
small arms were then sent, or that these last mentioned, or any
other stores of war, have at any time since been issued for
the use of that particular Province; however supplies of Ordnance stores having at several times been sent to the Massachusetts Bay (as the said Principal Officers do alledge), the
Province of New Hampshire might upon any exigency have
been supply'd from thence. Refer to Col. Romer's report (See
Aug. 24, 1708.) We humbly offer that a further suply of ordnance
stores as mentioned [Aug. 24] may be sent to New
Hampshire etc., and consigned to the Governor, with a strict
charge that the same be not issued but as the necessary defence
of the inhabitants shall require, and that regular accounts of
the expenditure and remain of all such stores be taken and
transmitted hither in such manner as by his Instructions and
the said circular letter is directed. Your Majesty's Fort William
and Mary (first raised by Col. Romer, and near finished by
him when recall'd) is the most considerable place of strength
in that Province, which he then offered to have finished for
£100, most of the materials being upon the spot, and he
computes that the said Fort, as likewise barracks, a guardhouse,
and what else is necessary, may now be finish'd for £200 sterl.,
amounting to about £320 currant money of that country. Wherefore, if your Majesty shall be further graciously pleased to
extend your Royal bounty to that Province in granting £200
sterl. for the finishing the said works (a charge, as we are
informed, too great for the inhabitants under their present
circumstances) we are then humbly of the opinion that directions
be sent to the Governor to exhort them to provide for a sufficient guard to be regularly kept in the said fort, and to
take care that their powder-duty be duly paid in kind. It is
proposed by their Agent that (1) 200 disciplined men be sent
from hence to do duty in that fort; (2) that a fourth-rate man
of war be appointed for the service of that Province, with orders
to cruize off the Eastern coast; (3) that packet-boats be set
up for the use of the Continent, in like manner as they now
are for the Islands in America. But we shall forbear to
to trouble your Majesty upon those matters, what we have
already offered, with the ships of war usually appointed for the
service of those parts, being, as we hope, sufficient for the
security of that Province, and to protect the inhabitants while
they are at work in the woods, especially if your Majesty's
Governor of New York do take effectual care to support and
encourage the Five Indian Nations subject to your Majesty,
as by his Instructions he is required to do. As to the claim
made by Thos. Allen to the Propriety of New Hampshire, mentioned in the other Address from that Province, that matter
now depending before your Majesty in Council (upon an appeal
brought by the said Allen) will be laid fully before your
Majesty in a report from the Committee of Council appointed
to hear the said appeal; therefore we shall not presume to offer
anything therein. Annexed, |
|
185. i. Duplicates of enclosures, Aug. 24, 1708. [C.O. 5,
913. pp. 9–20.] |
Nov. 9.
Whitehall. |
186. Council of Trade and Plantations to the Earl of Sunderland. Reply to Nov. 2. We have the matters referred to
by Col. Jennings under consideration, in order to our proposing remedies for prevention of such mischeifs for the future.
As to Col. Parke's complaint of an illegal trade from Ireland
and Barbadoes to Martinico, we refer to our letter of Oct.
26. Enclose extract of letter from Col. Jennings, relating
to a murder committed in New Kent County, whereby your
Lordship will perceive that the person condemn'd is a fitting
object of H.M. mercy, and therefore we desire your Lordship
will please to lay that matter before H.M. [C.O. 5, 1262.
pp. 316, 317.] |
[Nov. 9th.]
Nevis. |
187. Some Merchants of Nevis to their Correspondent in
London. Wee lay before you the prosseedings of our Councill
and Assembly, that you may plainly see what sinister ways and
means they take to resetle the Island again, etc. All their
publique meetings has cheifly tended to make acts for puting
a stop to the due currancy of the Law, without any exceptions
of poor or rich, that they may have time to recrute their estates,
without any regard to us here, that were fellow sufferers with
them. Wee have laboured under great dificulties in oposition
to their passing their Act. H.E. has a great regard for the
merchants' interest boath at home and here; he will not pass
any of their Acts, notwithstanding he intends to send them home
without the broad seale. After they made their first Act,
which the Generall would not pass, Mr. Fowler went up to
Antegua with a petition to the Generall; H.E. very readily
granted a Commission for houlding the Courts, notwithstanding
the Councill and Assembly put a stop to [that] proseeding, and
sent Mr. Bevon, Mr. Goar, Sp., and James Symonds with an
Address to the Generall [for] stoping the law. This put a
demur till the Generall came down [to] St. Christophers, and
then wee proferd another petition, which went down by Dr.
Semple; the Generall on sight of the petition promised to come
up himselfe and compose matters between planters and merchants, which in two days he did. At his coming up, the
Councill and Assembly mett, the Generall entered some Minnuts
in the Councill Book with his own hand, that a bill should be
prepared by a Commity of two of the Councill and four of the
Assembly, and the [? same] number of merchants. The bill
was to oblige planters to ajust with and give bond for what
was justly due those that were not able to make prompt payment,
a time should be allowed them, and those that were able and
not willing, [the] Law should proseed against them, and that all
debits contracted since our misfortune shou'd be payd. The
Generall had a conference of the Councill and Assembly and
merchants in the Councill Chamber, and made the above proposals, which the Councill and Speaker agreed to, but as soon
as the Generall was gone, they prepared this bill. We heard
Coll. Abbott and Thomas Bridgwatter and Mr. Horn was goeing
down with the bill to gett the broad seale to itt; Mr. Huffam,
Mr. Washington, and Dr. Semple went downe before, and acquainted the Generall with their bill and left some proposals with
him, which he aproved of, and when Col. Abbot shoud the
bill, the Generall altogither refused to pass any such bill, and
dd. to Coll. Abbot the proposalls left with him, and signed the
same, and told him he would pass no other Act, but what was
agreeable to the proposalls. The publication [? is] up for holding the Courts, but it's so late in the year the Generall thinks
itt conveniant to pass it over till the Spring, and then intends
the Courts shall be open. In the [? meantime the] planters are
using all their interest both here and in England to gett an
Act past [? for put]ting a stop to the Law for some time, till
they can think of some more effectuall means either to make
former debts altogether voyd, or downright to defraud their
creditors by private conveyances of their estates to their relations, or one to another, and they to make itt over to their
children again; and all this is acted through a pretence of
poverty; ther is some of them will not stand to say they are
in a better condition then, before the misfortune. Wee hope
you will use your uttmost endeavours that the Law may have its
due currancy, and that the Courts may be open in the Spring,
that we may be able to oblige them to ajust accompts, etc.
Signed, Samuel Browne, Chas. Minors, [?] Geo. Meriwether,
Tho. Washington, Will. Semple. Endorsed, Recd. (from Mr.
Duport, Mr. Pindar, etc.) 9th, Read 9th, 22nd Nov., 1708.
2¾ pp. [C.O. 152, 7. No. 60.] |
| Nov. 9. |
188. Copy of an Act of Nevis to oblige the inhabitants who
shall refuse to settle their accounts, etc.; with proceedings relating to the opposition against passing the same; and copy of
a Bill for stopping the further proceedings of the Courts of
Queen's Bench, Common Pleas and Exchequer, and for establishing a Court Merchant, etc. Endorsed as preceding. 10
pp. [C.O. 152, 7. No. 61.] |
Nov 10.
Whitehall. |
189. Council of Trade and Plantations to the Lords Proprietors of Carolina. Having received a complaint from Col.
Jennings, that the Government of South Carolina has lately
seized divers goods which the Indian traders of Virginia were
carrying to the Western Indians, to the great disturbance and
interruption of that trade; we have thought it convenient to
acquaint your Lordships therewith, and to desire we may know
whether the same has been done by vertue of any orders from
your Lordships, and upon what grounds. [C.O. 5, 1292. p.
69.] |
