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| June 1. |
550. Attorney and Solicitor General to the Council of Trade
and Plantations. Reply to preceding. (1) H.M. has a right to
grant such parcels of lands for any term or estate not exceeding
31 years, or 3 lives, or for a term of years determinable upon
one, two or three lives, etc. (2) No such security is required
by law to be given, etc. Signed, Ja. Mountague, R. Eyre. Endorsed, Recd. Read June 1, 1709. 1 p. [C.O. 388, 76. No.
63; and, 389, 36. pp. 412–414.] |
| June 1. |
551. A second list of 1193 Palatined lately come over from
Germany, taken by John Tribbeko and Mr. Ruperti; Walworth,
May 27, 1709. (cf. May 9). Endorsed, Recd. Read June 1,1709.
30 pp. [C.O. 388, 76, No. 64.] |
| June 1. |
552. Mr. Secretary Boyle to the Council of Trade and Plantations. Encloses following. Signed, H. Boyle. Endorsed, Recd.
2nd, Read 3rd June, 1709. 1 p. Enclosed, |
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552. i. United Society of London for Mines Royal to the
Queen. Proposal for settling the German Protestant
Refugees in the Manor of Penlyn (Snowdon) as May
23. 2 pp. [C.O. 388, 76. Nos. 65, 65. I.; and (Without enclosure) 389, 36. p. 421.] |
June 1.
Whitehall. |
553. Council of Trade and Plantations to the Earl of Sunderland and the Lord High Treasurer. (See May, 3, 9, etc.) As
to the settlement of the poor Palatines here, tis certain that
a multitude of people is the glory and strength of a Government;
that many hands contribute to the increase of trade, and the
increase of trade naturally tends to the increase of wealth.
And of this we have a famous instance in Queen Elizabeth's
reign, when many Dutch and Walloon families, to avoied the
persecution of the Duke of Alva etc., were seated at Norwich
etc. But then tis to be observed these families brought with
them considerable stocks to set up a new manufacture of bays,
says, stuffs and serges; which England till then was unacquainted
with. The case of the poor Germans is quite different: they
have neither stock nor manufacture, most of them women and
children; a great many of them, through age and infirmities
past their labour, others (not a small number) not come to it;
some of them more fit for alms-houses than work-houses; there
are 2000 already arrived, besides others that are expected, and
many more that will probably follow, unless some discountenance be given to the transporting of them hither, until those
already arrived be disposed of. Quote Attorney and Solicitor
General (No. 550) and discuss methods of settling the Palatines
in England. [C.O. 389, 36. pp. 414–420.] |
June 2.
Whitehall |
554. Council of Trade and Plantations to Mr. Secretary Boyle.
Reply to 554. May 17. Enclose following. |
|
554. i. Council of Trade and Plantations to the Queen. We
humbly represent that, in relation to Hudson's Bay,
that part of your Majestys Dominions being under the
direction and management of a Company of merchant
adventures of this kingdom, by virtue of letters patents
of incorporation 1670, we have been attended by the
Governor, who has delivered to us a printed deduction
of your Majesty's right and title to the said Hudson's
Bay, and all the places thereto, appertaining, which,
being very particular and agreeable to what we find in
our own books, we take leave to annex the same hereunto. We have also received from the said Company
a Memorial, relating to the damages sustained by them,
from the French, which' is also hereunto annexed.
Upon which we humbly take leave to remark that
your Majesty's title to Hudson's Bay is clearly and
evidently made out by the foresaid deduction, and by
the report of the Commissioners appointed to treat
with the French Ambassador in 1687, added to the forementioned Memorial, notwithstanding any claim the
French may pretend thereunto. And the Company
having informed us that they have appointed two of
their members to attend your Majesties plenipotentiaries, when a Treaty with the French shall be set
on foot, in order to prove the several matters in the
said deduction, as also the several allegations in their
foresaid Memorial, relating to their losses, we shall
only humbly offer that a very great advantage will
accrue to this Kingdom, were the Company reinstated in
their right, according to their Charter, by the fur
trade from those parts, by the importation of other
commodities, particularly whale oyl and whale bone,
which might be had in plenty there, and by the exportation of our woolen manufactures, which the Indians
are now perawaded to wear instead of skins. In relation
to Nova Scotia or Accadie, to the boundaries on the
Northern Continent and to the incroachments made
by the French upon your Majesties territories in North
America. Terra Nova (by Peter du Val called Nova
Britannia) comprehends not only the Island of Newfoundland, but also Nova Francia or Canada, and
Nova Scotia, and Sir Sebastian Cabbot was the first
discoverer of all these countries in 1497, at the charge
and for the use of King Henry VII, who had employed
him to find out some Northern parts of America undiscovered by Collumbus. King Henry VIII and Queen
Elizabeth continued the English interest there. In the
year 1604 or 1606, the French possessed themselves of
Accadie, part of Nova Scotia, lying on the South side of
the River Canada, and named the whole Nova Francia,
upon pretence that John Varazonus discovered these
parts for the French King, Francis I. But this pretence
of theirs has been fully answer'd by the Hudson's
Bay Company before the Commissioners appointed by
King James II for executing the Treaty of Neutrality
in America in 1687. King James I, looking upon this
encroachment of the French as an invasion of his
right, did, by Letters Patents, dated Nov. 3, 1620,
grant all the lands lying between the degrees of 40
and 48, Northern Latitude, and extending from the
East sea to the West sea, unto the then Duke of Lenox
and others, by the name of the Council of Plymouth.
In 1621, the country of Nova Scotia was more particularly granted by King James I to Sir William
Alexander afterwards Earl of Sterling, who took possession thereof, drove out the French, and planted a
Colony there. In 1627, King Charles I being at war
with the French King Lewis XIII, granted a Commission to Sir David Kirk and others to take possession
of the lands lying on both sides of the River Canada,
and to expel and eject all the French trading in those
parts, wherein they succeeded, and that year seized
upon 20 French ships, which, together with the Commanders and seamen, they brought for England; and
in 1628, they possessed themselves of that part of
Canada situated on the North side of the river with
the Fort of Quebeck, while Sir William Alexander at
the same time subdued all Accadie or Nova Scotia.
In 1630, Sir W. Alexander sold his right to Monsieur
Claude de la Tour, a French Protestant, to be held by
him and his successors under the Crown of Scotland.
About 1631, King Charles I made (as wee have been
informed), some sort of concession of the said country
to the Crown of France (unto which the French had not
till then any title, for it was both discovered and
planted by the subjects of England, and named Nova
Scotia by King James 1), reserving nevertheless the
right of the Proprietor who had before enjoyed it.
In 1633 (notwithstanding the foresaid concession) King
Charles I, by Letters Patents dated May 11, 1633,
granted to Sir Lewis Kirk and others full priviledge
not only of trade and commerce, even in the River
of Canada (which is to the Northward of Nova Scotia)
and places on either side adjacent, but also of planting
Colonies and building ports, and bulworks, where they
should think; fit; by which it may be reasonably concluded that the fore-mentioned concession (whatever
it were) was not understood to have been an absolute
grant and alienation of the said country from the
Crown of England. But nevertheless Sir Lewis Kirk
and partners were molested by the French in the
enjoyment and exercise of the abovesaid priviledges.
Many years before this, the country about Penobscot,
lying to the westward of Nova Scotia, had been discovered by some of the inhabitants of New Plymouth, who
seated themselves there, but were also afterwards sometimes disturbed by the French Governor of Nova Scotia.
In 1654, Cromwell having a fleet at New England,
caused the country of Nova Scotia to be seized, as
being antiently a part of the English Dominions to
which the French had no just title; and the Proprietor
of the said country, Sir Charles de St. Estienne, son
and heir to the forementioned Monsieur de la Tour,
coming thereupon into England, and making out his
title under the foresaid Earl of Sterling and the Crown
of Scotland, his right was allowed of by Cromwell,
whereupon the said St. Estienne by his deed, bearing
date Sept. 20, 1656, made over all his right and title,
both to Nova Scotia and Penobscot, to Sir Thomas
Temple and Mr. William Crown, one or both of them.
The said Temple and Crown, or one of them, or their
assignes, did accordingly continue to possess and enjoy
the same, with the profits thence arising, until 1667,
in which year it was agreed between King Charles II
and the French, by the Treaty of Breda, that the said
country should be surrender'd to the French, which
was accordingly done (by H.M. directions, as appears
by his Order to that purpose) in 1670, by Sir Thomas
Temple, then residing as Governor upon the place.
But in the execution of that surrender, it has been
represented to us that the said Temple exceeded his
Commission, and delivered up Penobscot also, at which
King Charles II was highly displeased, and did not
confirm ye same. Not long after, a war broke out
between France and Holland, in which the Dutch took
the Fort of Penobscot from the French, demolished it
and quitted it. King Charles II thereupon ordered and
commissionated the Governor of New York to take
the same under his jurisdiction, which was accordingly
done; and the said country, extending from a place
called Pemtagoet, Westward to the River St. Croix Eastward, and was annexed to the Government of New
York, by the Duke of York's Patent for the same,
and in prosecution thereof (the French still keeping
possession of some parts of it) Sir Edmund Andross,
when Governor of New York under the Duke, invaded
them by force, and took the habitation of one Monsieur
St. Costine, a Frenchman. In further proof that the
River St. Croix was esteemed by the French, as well
as by us, their boundary of Nova Scotia since the
Treaty of Breda, we annex hereunto the copy of a
Memorial upon that matter from Captain John Alden
of Boston in New England, formerly employed by Sir
Thomas Temple, and transmitted to us from thence by
the late Earl of Bellomont. In 1691, not only the
country of Penobscot, but also Nova Scotia, was by
Charter of the late King William, granted to the Colony
of the Massachusets Bay, and annex'd to that Government. It is to be observed that during Sir Thomas
Temple's residence in and Government of those parts,
he having been at great charge in building forts and
otherwise for the protection of our fishery did levy
£5 upon every fishing vessel that cured and dryed
their fish upon that shoar. And accordingly after the
surrender of that country by him, the French at first
contented themselves with the same duty, but in process
of time, some of their Governors claimed also the whole
right of fishing upon the high seas, and have accordingly caused several of our vessels fishing there to be
taken and made prize of. As to the encroachments
of the French in those parts: About 1687 or 1688, the
Eastern Indians, together with the French of Canada,
committed several barbarous acts of hostility upon the
Eastern frontiers of New England, and during the
late and present war, have continued the same both
by land and sea. In 1690, in an expedition under the
command of Sir William Phipps, Port Royal, together
with all the Southern Cape of Nova Scotia, was reduced under the subjection of the Crown of England;
but not long after was retaken by the French, and has
ever since continued in their possession. In 1696,
several French men of war invaded the Eastern coast
of New England, and took and demolished the fort at
Pemaquid, whereupon the inhabitants of that country
fled, and by reason of the insecurity of the place for
want of that fort, have not since returned. The French
pretend to and peremptorily challenge the sole right
of fishing upon the Banks lying on the high seas off
and about the coast of Accadie or Nova Scotia, as
also that Eastern country which has all along, ever
from the discovery and first settlement of New England,
been used and improved for fishing as the just right
and priviledge of the English. They pretend also to
extend the bounds of their dominions, thro the main
land as far as the River Kennebeck, tho the utmost
they can pretend to is the River St. George, which is
many miles short of Kennebeck. That the French lay
claim to the sole right to this fishery on the coast,
appears by the annex'd affidavits of John Swasey and
William Giggles, Masters of two sloops who were seized
by a French Captain in 1698, in their return from fishing on the forsaid Banks. We further annex the copy
of a letter from Monsr. de Villebon, Governor of Accadie, to Mr. Stoughton, Lieut. Governor of the Massachusets Bay, dated Sept. 5, 1698, wherein he declares
that he had possitive orders to seize on all English
vessels fishing there, and to maintain the bounds of
the French territories and sole right of fishing, as
aforementioned. Upon which we take leave to observe
that the consequence of those incroachments of theirs
by land, besides many other inconveniences, would not
only deprive your Majesty's subjects of four or five
of the best fishing harbours on that coast, but it would
also open to the French a way of being supply'd from
the woods with a perpetual store of excellent timber
and masts, and in a great measure defeat our design
of being supply'd therewith, and with other naval stores
from those parts. In case the French are to continue
in Accadie or Nova Scotia, it will be necessary that
by treaty the limits of Nova Scotia be fixed and restrained to the River St. Croix, and that the claim which
the French pretend to derive from Sir Thomas Temple's
forementioned surrender, which at most can extend no
further than the river St. George, be not allowed of;
much less that any concession be made for extending
their boundaries Westward to the River Kennebeck,
where their Jesuits have built a Church, for it's of
great consequence to this Kingdom and the Plantations,
that the French be confined to the East side of the
River St. Croix; for if they be admitted to extend their
Dominions to the River St. George, then at once near
200 mile of coast will be lost; and if they are to
extend as far as Kennebeck, then much more of the
coast and fishery will be lost to the Crown. The country
beyond St. Croix is desart, being sandy, and having
few timber trees, or trees for masts growing on it;
whereas between the River St. Croix and St. George,
the soil is rich and abounds with trees for masts
and timber. That the French have a design to make
use of those trees will appear from an intercepted
letter from Monsieur Denys to the French King,
which we received from the Earl of Bellomont in 1700.
In case the French are to remain in Canada, the next
boundary to be considered is that of the North and
West parts of your Majesty's Plantations from New
England to Carolina. Tho the English Patents generally have allowed no bounds by land, but extended the
grant of those lands from sea to sea, yet the French,
since their possession of Canada, having at several
times gone up the River St. Lawrence, and from thence
into the Lakes South Westward of the said river, lying
all along upon the North and West of H.M. foresaid
Plantations, as for as the River Missisipi, in the Gulph
of Mexico, where they have lately made a Settlement,
as appears by a letter from the Lords Proprietors of
Carolina. And tho these voyages of theirs be no more
than what has frequently, and as early, been done by
Englishmen, yet they have thereupon from time to
time extended their pretentions to the propriety of all
the countries bordering upon the said rivers and lakes,
which, if it should be allowed them, and that an
intire freedom be not maintain'd for H.M. subjects
to trade at least with the Indians of those parts, and
for them and the said Indians to pass and repass without
protestation, it will exclude your Majesty's subject's from
the inland trade, and confine them to a narrow tract of
ground upon the coast. |
|
In relation to New York and its dependences, your
Majesty's title to that Province is not disputed. But
as the French have without any just right pretended
to the soveraignty over the Five Nations of Indians
bordering upon New York, we humbly beg leave to annex
a deduction of your Majesty's right and title to the
soveraignty over the said Indians, as the same was
prepared by the then Commissioners for Trade and
Plantations in July 1697, for his late Majesty's plenipotentations then at the Hague, and have added thereunto an account of the proceedings between the late
Earl of Belloment and the French Governor of Canada
upon that subject. We have likewise added the copy
of a Memorial from Col, Bayard and an affidavit of
William Teller, transmitted by the said Earl, proving the
constant subjection and dependance of the said Five
Nations upon the Government of New York, ever since
the first settlement of that country by the Dutch, in
or about 1609 or 1610, by which Memorials and affidavit, all the pretentions of the French to any right
over the said Indians seem to us to be fully answered
and made void. This matter we thought of such consequence as to deserve, to be laid before your Majesty
for your royal consideration, it being our humble
opinion that it is absolutely necessary for the security
of the Province of New York and the rest of your
Majesty's Dominions in that part of America, that the
Five Nations of Indians be preserved and maintained
in their subjection to the Crown of Great Britain as
formerly. We shall only add that since the Lord Cornbury's Government of New York (as we have been
informed), an Agreement was concluded by his Lordship with the Governor of Canada for a Nautrality
between the said forementioned Five Nations and the
French and their Indians of Canada, which has been
of great prejudice to your Majesty's Governments in
New England, as will more fully appear by the foresaid
paper. In relation to St. Christopher's, that Island
was first discovered by Christopher Columbus, and afterwards possessed by Sir Thomas Warner for the Crown
of England, in 1623, and the said Warner was made
Governor thereof. But how or by what means the French
came to have a share of that Island before the Treaty
concluded at Breda, we do not find any footsteps in
our books. We only find that the said Island was
divided into four quarters between the English and
ye French, each Nation having two different quarters,
besides a Peninsula running Southerly towards Nevis,
with some salt ponds upon it, which were claimed by the
French, but the salt was commonly gathered or shared
by both Nations, who kept a friendly correspondence
until 1666, when the French by surprize took the two
English quarters of that Island, which by the Treaty
of Breda, they were obliged to restore with all speed,
or at the furthest within six months, together with
all the negroes, slaves and other moveable goods. But
contrary to such obligation, they detained the English
part of the Island until about 1671, notwithstanding
the several demands that were made in due manner in
pursuance of the said Treaty, as well as the immediate
surrender to the French of Nova Scotia or Accadie,
By which detention of St. Christopher's and inexecution of the said Treaty, and their not restoring all
the moveables and other things which they were obliged
to do, the English were very greatly endamaged; and
in such state that Island remained untill the first year
of the late war in 1689, when, contrary to Article 18
of Neutrality, made between the two Crowns in 1686,
whereby it is expressly stipulated, that upon any breach
between the said two Crowns in Europe, no act of
hostility should be committed in any of the American
Colonies, the French fell on the English again, and
taking the chief fort, drove them off the Island, and
destroy'd most of their Plantations, kept the whole
Island till the year 1690, when by the assistance of
forces from Europe it was retaken, by Col. Codrington,
then Governor in Chief of the Leeward Islands, and
all the French sent away by capitulation to their other
Colonies in America; and thus it continued till the
Peace at Riswick; by which the French part was restored to them again. Upon the breaking out of this
war, the forementioned Treaty of Neutrality, not then
in force, as is more particularly set forth in a paper
hereunto annex'd, Col. Codrington, then Captain General
of the Leeward Islands, did in June or July, 1702,
retake the whole Island again, which has ever since
remained in your Majesty's possession, and the French
part has been setled by your Majesty's subjects. But
in regard of the uncertainty of the possession, the
grants made in the French part were limited to 2
or 2½ years at most; by which means that said part
has not been so well improved as otherwise it might
have been, the inhabitants being unwilling to venture
any considerable stock upon such lands and plantations
as they have no assurance shall be long enjoy'd. But
if it be once known that the said Island shall remain
wholy to H.M., it will soon be well setled and inhabited
by people that will resort thither from all parts to live
upon an Island so famous for the healthiness of the
clime, firtility of ye soil, and for its plentifull production
of many profitable commodities, especially sugar, indico, ginger, etc., having a reasonable good fort, good
roads for shipping, and well water'd, with other advantages to make it the best and most considerable
of all the Leeward Charibbee Islands. But, in case
the French should be restored to their part of the said
Island of St. Christophers, those that are now settled
upon some of those plantations, will be turned out
again to the discouragement, not only of them, but
more especially of the former or old inhabitants as
well as of those of the other of the Leeward Islands,
who have freely ventured their lives in the taking of
the said Island, besides when the former inhabitants
find that the French are to be restored, they will not
only be discouraged but perhaps driven by their just
apprehensions of future danger to quit the Island,
where they have been allready twice ruined, not willing
to run the like hazard upon the breaking out of a new
war, by which means the Crown will lose a considerable
revenue, and the Nation a beneficial trade. Besides
that if the French be restored to their part of that
Island, they will allwayes not only be the occasion of
a continual uneasiness to your Majesty's subjects there,
but may also prove dangerous to the other Leeward
Islands, and the trade thereof, especially to Nevis,
which lyes but 3 miles distant from St. Christophers,
In relation to Jamaica, that Island having ever since
the Treaty of Breda been entirely in the possession of
the Crown of England, and remaining so still, we shall
only take notice that toward the West end of the Island
of Hispaniola, lies a small Island, called by the French
Isle des Vaches, and by us Isle of Ash, where the
inhabitants of Jamaica formerly fished for turtle, and
sometimes went to hunt upon it. But in 1687, Monsieur de Cussy, the French Governor of Hispaniola,
writ to the then Governor of Jamaica, that the French
King had given orders for settling the said Isle of Ash,
and he therefore required the English to forbear any
more fishing upon that coast, or hunting upon that
Island, threatning to make prize of those that should
be taken there. And the said Isle of Ash has accordingly, since that time, been setled by the French.
Having received a Memorial relating to the inconveniencies arrising to your Majesty's Plantations, from
the settlements of the French in the West Indies,
especially to Jamaica from the French on Hispaniola,
tho this matter do not directly come within your
Majesty's order to us, yet it seems of such importance
that we think it our duty to lay it before your Majesty.
In relation to Newfoundland, this country was first discovered by Sir Sebastian Cabbot in 1497, at the charge
and for the use of King Henry VII. King Henry VIII
continued the English interest there, and sent one
Bute to make a settlement in Newfoundland. Queen
Elizabeth sent Sir Humphrey Gilbert to plant a Colony
there, who possessed the Harbour of St. John. In
1608, John Guy, a merchant of Bristol, made a good
settlement there also. In 1623, King James I granted
to Sir George Calvert that part of Newfoundland begining Southerly from the middle of a neck of land
lying between the Harbours of Fermose and Aquaforte,
all along the coast Northward to Petty Harbour, under
the name of Avason. In 1628, Sir George Calvert
transported himself with his family thither. But upon
pretence that the said Sir George and his successors
had deserted and neglected to settle the said country,
it was, together with all the rest of Newfoundland,
in the 13th year of the reign of King Charles I, 1638,
granted to the Marquis of Hamilton, Sir David Kirke
and others, with power to demand and receive, as an
acknowledgement of the King's soveraignty over that
country, from all strangers that should come to fish
or to buy fish there, or within 30 leagues thereof,
10 per cent of such fish, one moiety for the use of
the King, and the other for the Proprietors. We find
that about 1660 the French did fish at Newfoundland,
but we do not find at what time or how they came to
make their settlement there. According to the best
information we can get, the English fishery and possession of the coast of Newfoundland, about the time
of the Treaty of Breda, extended from Salvage and
Barrow Harbour (which lye to the Northward of Bonavista) to Trepasty (a harbour which lyes to the Westward
of Cape Race) inclusively; only, in the Harbour of
Trepastey, the French have also fished, as well as the
English. We do not know of any alterations in the
possession of that country since that time, until the
last war, when the French made several attempts upon
some of the English harbours, and particularly in 1694,
they attaqued the Port of Ferryland, but were beaten
off with loss. In 1696, they took St. John's, Ferryland,
and other harbours, and generally made themselves
masters of the whole coast, but quitted the same before
the arrival of the forces sent by his late Majesty to
dispossess them. In 1705, Monsieur Subercasse, the
French Governor of Placentia, with about 600 French
and Canadian Indians, attacked the Fort of St. John's,
but were repulsed by Capt. Moody, then Commander
of that Garrison. In December, 1708, the French,
with about 160 men, took the Fort of St. John's, the
particulars whereof are not come to our hands. What
further progress the French may have made there is
uncertain. Off of Newfoundland, and within the limits
granted to the Marquis of Hamilton etc., over against
Cape Race, at a small distance, there lyes the Great
Bank about 100 leagues in length and 25 in breadth;
on this Bank the French employ some hundreds of ships
yearly in fishing, each whereof makes two, and some
three voyages a year, which is of great advantage to
them in the increase of their seamen, and in the returns
for the fish they send to forreign markets; they fish
upon this Bank all the year; whereas on the coast, we
can only fish from May 20 to August 20. And therefore
we humbly offer it to your Majesty's royal consideration,
whether the French shall continue to fish upon the said
Bank or no. In relation to Tobago, in 1626, Sir
Thomas Warner took actual possession of all the Charribbee Islands (whereof Tobago is one), for the use
of the Crown of England, and in the name of King
Charles I, who, by letters patents, dated June 2, 1627,
and confirmed the year following, granted the said
Islands to James Lord Haye, Earle of Carlisle, his
heirs and assignes, who held the same in propriety,
under the protection of England, till the patentees made
a surrender of their interest to the Crown. Sometime
after the Island of Barbados had been settled under
the grant of the Earl of Carlisle, a considerable number
of English were sent from thence to Tobago, who not
only retook possession thereof under the command or
government of one Ayris, but stay'd there till, by
reason of the unhealthiness of the country, they thought
fit to draw off and return to Barbadoes, where the said
Ayris was living about 1699, if not at this time, and
well known by the name of the Governor of Tobago.
Sometime before the restoration of King Charles, the
Duke of Courland, intending to settle a Colony in the
West Indies, took advantage of the disorders in England by reason of the Civil Wars and possessed himself
of the Island of Tobago, giving permission to one
Lampson, a rich Zealander, to associate himself with
the undertakers in that design, he paying a yearly
acknowledgement to the Duke for the same. In 1658,
the said Duke being imprisoned by the Swedes, Lampson's party made use of that conjuncture to raise a
mutiny in the Garrison of Tobago against the Governor,
whom they forced to capitualate with them and their
adherents; and, by this violent act, the Lampsons became masters of the Fort and Island of Tobago, which
usurpation they continued for some years. Upon the
Duke of Courland's being set at liberty, he made application to King Charles II for his protection and leave
to reposess himself of Tobago, and accordingly obtained a grant thereof, Nov. 17, 1664, upon certain
conditions which show an acknowledgment of his tenure
from the Crown of England. Notwithstanding which
grant, the Dutch kept their footing in that Island
till 1665, when they were driven out by the English,
and upon their retaking possession without leave from
England, they were again expelled in 1672, by SirTobias Bridge and Sir William Pool, who destroyed the
Fort and buildings without making any new settlement,
it being judged sufficient that the Government of the
neighbouring Island of Barbadoes should retain the
Island of Tobago under their jurisdiction, and make
use of it on all necessary occasions as depending on
that Government, thereby preserving the title of the
Crown of England, and hindering any other nation
from beginning a settlement there. Nevertheless, after
the peace was concluded, the Dutch West India Company took upon them to resettle Tobago, and were possessed of that Island until the war they had with the
French in 1676, when Count d' Estree's with a squadron
of ships attacked the Island, and blowing up the Fort,
carryed off all the Dutch inhabitants, except a serjant,
John Hessen of Amsterdam, and two other Hollanders,
who continued there some days after the French had
entirely abandoned the Island, as appears by the depositions of the said John Hessen produced by the Sieur
Van Benningen, then Ambassadour from the States in
England, who, redemanding some negroes that were
come into the hands of a Governor of one of your
Majesty's Charribbee Islands, did alledge that the Admiralty of Amsterdam remained masters of the Island,
notwithstanding the depredation of the French, who
had made but a transient invasion, without stay or
settlement there, as is more at large expressed in his
Memorial. In this desolate state the Island remained
till towards 1680, when the Duke of Courland had once
more thoughts of resettling it under the grant from the
Crown of England as aforesaid, and with the assistance
of Dutch merchants fitted out some ships in Holland
to that end, but with little or no success, which obliged
the Duke to have again recourse to the Crown of
England, and to make his request by his Agent Baron
Blomberg to the late King James II, in 1686, that H.M.
would be pleased to encourage the settlement of the
said Island, and allow some of his English subjects to
joyn in the design, with others that should be employed
by the Duke; but, upon an hearing in Council, it was
then declared by H.M. Attorney General that the said
Duke not having duly fulfilled the conditions of his
contract or grant from King Charles II, had forfeited
the advantages of his said grant, and consequently
any right the Duke could pretend to by virtue thereof
was become void in law, and returned to the Crown.
Notwithstanding which declaration, a fresh encouragement has been given by the Agents of the Duke of
Courland to several persons here in England to resettle
the said Island; but upon our humble representation
to his late Majesty of May 18, 1699, shewing the inconveniencies of such a settlement, H.M. was pleased,
by an Order of Council of the same date, not to allow
thereof, but to forbid all persons to proceed on that
design, either from England or any other place. From
which deduction of matter of fact, we humbly beg
leave to infer, that the possession taken of Tobago by
Sir Thomas Warner in 1626, gave King Charles I a
just right to the said Island, which has ever since continued in the Crown of England, and is now undoubtly
inherent in your Majesty, notwithstanding the pretentions that may be formed to the contrary by any
other Prince or State whatsoever, for the reasons following; that the Duke of Courland had never any direct
dominion over the said Island, but possessed it only by
a grant and tenure from King Charles II, which he
forfeited, as aforesaid; that the incroachment made
by the Lampsons on the Duke of Courland was a meer
usurpation, which could in no wise prejudice the original
claim of the English, which, however, was twice asserted by two entire conquests made by them on the
Dutch in 1665 and 1673, since which time the Dutch
have not acquired any new title, either by cession or
otherwise, from the Crown of England. So that the
French cannot be said to be well founded in their
claim to this Island, either by what they call a conquest
in 1676, which has been proved to be no more than
a transitory invasion without any settlement, barely
affecting the Dutch Colony and garrison, or by treaty
with the Dutch in 1678, who, having no just right of
their own, could neither lose nor transfer any right
to the French towards the invalidating the superior
and original title of the Crown of England. And
whereas it is alledged by the French that for maintaining their property in that Island, they send ships twice
a year to Tobago, to hinder any other nation from
taking possession thereof, we do further humbly offer,
that the coming of French ships to Tobago cannot be
understood to be otherwise than by allowance for the
maintaining a friendly correspondence and a reciprocal kindness between the two Crowns, and that the
continuance of possession by your Majesty is much more
easily proved by the constant frequenting of that Island
by your Majesty's men of war and other ships of your
subjects, which resort thither daily from Barbados,
and stay there 2 or 3 months at a time or more, to
furnish themselves with wood, water and other necessaries in the said Island, which depends absolutely on
your Majestys Government of Barbadoes, as other Islands lying to windward of Guardaloupe. In relation
to Dominico, your Majesty's right and title to that
Island will clearly appear from the considerations following, viz., that from the first discovery thereof by
the English, that Island was expressly and by name
contained in the original grant made of the Charribbee
Islands to the Earl of Carlisle in 1627 and has constantly and without interuption been inserted in all
Patents and Commissions given to the several proprietors or Captains General successively from that
time to this, and has ever been reputed as a dependance of your Majestys Government of Barbadoes; that
upon information of the French having made some
encroachments on those neighbour Islands, William
Lord Willoughby (appointed Governor of the Charribbee Islands in 1666) had a particular Instruction to
allow no stranger, subject to any other Prince or
State, to inhabit or possess any place contained in his
Commission (wherein Dominico and Sta. Lucia were
expressly named) but such as should acknowledge H.M.
sovereignty there; and was likewise order'd to streighten, distress and dispossess any of the French King's
subjects who should have taken possession of any Island named in his Commission, H.M. being resolved
to assert his right to those Islands, and to vindicate
his subjects from the insolence and injuries of their
neighbours; that in pursuance of this Instruction Lord
Willoughby went to Dominico with an armed force to
punish the Indian inhabitants for some injuries done
the English, and soon brought them to a composition,
whereby the Chiefs of these Charribbees did, by a
general consent in March 1668, surrender and convey
the said Island to the King of England, putting themselves as subjects under H.M. protection and Government. This they did by an instrument in writing
sealed and delivered in the most solemn and authentick
manner that these people are capable off; the truth
whereof was attested by Edward Littleton Esq., who
was then Secretary to his Lordship, and had the said
instrument in his custody; that in consequence of
this pacification, the Lord Willoughby gave a commission to Col. Thomas Warner (whose father was
Governor of St. Christophers and his mother an Indian
woman), to be Deputy Governor of Dominico, who
for several years maintained the Indians, (then the
only inhabitants of that Island) in their quiet and peaceable subjection; that the first dispute to the contrary
was in May 1672, when Col. Codrington, then Deputy
Governor of the Charribbee. Islands under the said
Lord Willoughby, having sent some men from Barbadoes for the better peopling of Dominico, Monsr. de
Baas, (Governor of Martinico), did not only dispossess
them, but burnt their houses, and warned the said
Colonel from sending men thither to plant any more,
lest by such an action he might be guilty of a breach
of peace then settled between the two Crowns; by one
of the articles or conditions of which peace, he pretended Dominico was to remain a neuter Island, free
to the Indians, and possessed by neither nation, whether
English or French. To which suggestion answer was
made by the then Council of Trade and Plantations in
their letter to my Lord Willoughby of Dec. 11, 1672, that
no such Articles of Peace have been treated on here or
elsewhere in H.M. name by his order or direction etc.
(See C.S.P. 1672. 992. i.) That upon the death of the
Lord Willoughby (in April, 1673), the Government of
the Windward Islands devolving (as appointed by his
Commission) on the President and Council of Barbadoes,
they, in order to secure H.M. title to Dominico, sent
new powers to Col. Thomas Warner, of the same tenure,
with that Commission formerly given him by the Lord
Willougby, whereby he continued Governor over that
H.M. Island till Dec. 27, 1674, when he was killed by
Col. Philip Warner, and others from Antego, who were
tryed in 1676, for the crime against the King in the
loss of a subject. That from that time the English
have not thought fit to plant the said Island, but have
left it unsettled for the use and supply of Barbadoes,
on which Government it has always been reputed to
depend. That, as an instance thereof, Col. Stede (Lieut,
Governor of Barbadoes and the rest of the Windward
Islands), after having published on Barbadoes the Treaty
of Peace and Neutrality in America, sent Capt. Beach
with one of H.M. frigates to make a like publication
of the said Treaty on Dominico, (as a part of his Government), which was done accordingly in March 1686/7.
and the Arms of England were solemnly affixed in the
most eminent places of the said Island, as an ensign
of H.M. Soveraignty over it. That, notwithstanding all
this care to preserve H.M. right to Dominico, some
French soon after got thither again, which obliged
Col. Stede by H.M. frigat once more to disturb their
settlements in May, 1687, by burning their hutts, their
fishing tackle and canoes, and causing a French ship
to be seized with the men belonging to it for having
cut wood there without leave. That, to prevent further
disputes with the French upon this and the like occasions, Commissioners were appointed in 1688, to treat
with Mounsr. Barillon, then French Ambassador here,
for determining the respective Colonies, Islands, etc.,
belonging to each nation; and Instructions were dispatched to Col. Stede, to send an exact account of the
boundaries and limits of his Government of Barbadoes,
and of the Islands and Territories depending thereon.
In pursuance whereof he gave a Commission to several
of the Council of Barbadoes, to make enquiry into
H.M. title to St. Lucia, St. Vincent and Dominica,
who from the depositions of the most aged and best
knowing persons then living in those parts, formed a
Report (Sept. 23, 1688), whereby it appears (to use
his own words) "that H.M. had an undoubted and sole
right to these three Islands, and that the French have
not truly any shaddow or colour of pretence thereto;"
but this Report not arriving in England till after the
late war with France broke out, the Commissioners
appointed on both sides for settling the respective limits
in America (as abovementioned) separated without coming to any agreement. And whereas the French have
acquired no new title to any of these Islands in dispute,
either by right of conquest during the course of the
late war, or by any condition expressed in the late
Treaty of Peace, we are humbly of opinion that your
Majesty has an intire right of soveraignty over "the
Island of Dominico. In relation to Sta. Lucia, a general
discovery was made of all the Charribbee Islands by
Thomas Warner in 1626, who took possession of St.
Lucia in particular, and left there one Major Judge as
Governor. King Charles I, made a grant of all the
said Islands to the Earl of Carlisle in 1627; who setled
St. Lucia, in 1635 and 1637, by English Colonies from
Bermuda; in 1638 by a Colony from St. Christophers;
and in 1640, 1644 and 1645, by Colonies from Barbadoes. In 1663, the English from Barbadoes, contracted with the Indians for the full and absolute
purchase of St. Lucia, on valuable considerations; as
appears by a deed of conveyance signed by AnnaWatta, the Babba (or Chief Governor) Thomas Warner,
an Indian and two others of that nation, by the consent
and in the behalf of all their people. By vertue of
this deed, Francis, Lord Willoughby, Captain General
over all the Charribbee Islands, sent a regiment of
foot from Barbados to St. Lucia in 1664, under' the
command of Col. Carew, to whom the four Indian
Princes or Captains abovementioned gave and deliver'd
by a solemn manner of turf and twigg, in behalf
of themselves and the rest of the Indian Proprietors, all
their right, title and interest to the said Island; and
accordingly Col. Carew remained there as Deputy Governor. From that time, St. Lucia has been reputed a
dependance on the Government of Barbados, and as
such, has been constantly inserted in all Commissions
and Instructions given to the respective Governors,
particularly the Lord William Willoughby was, in 1666,
directed to streighten distress and dispossess any of
the French King's subjects, or others, who might offer
to possess themselves of the said Island. The first
pretention formed by the French to St. Lucia, was
in 1685, when, under colour of hunting, fishing and
cutting wood for the use of Martinico, they built houses
and made some small settlements there; upon notice
whereof, Instructions were sent by King James to Col.
Stede, then Lieut. Governor of Barbados; to cause all
forreigners, unless they submitted themselves and acknowledged the King of England's sovereignty over
that Island, to remove from thence, and on this and
all occasions to renew H.M. claim and possession. In
pursuance of these orders, Col. Stede, in July, 1686,
sent Capt. Temple, Commander of one of H.M. frigats,
to Sta. Lucia, where he immediately summoned such
of the French as cou'd be found upon the Island, and,
in their presence, published H.M. title to the said
Island, by a solemn Proclamation, and erected in the
chief Ports, the Arms of England as an Ensign of H.M.
soveraignty over that Island; caused all the French inhabitants to be transported to Martinico, and writ a
letter to the French Governor there, Count de Blennac,
giving him notice of what he had done, requiring him
withal not to suffer any within his Government to cutt
wood, plant, fish or hunt in or about Sta. Lucia,
without leave first obtained from H.M. Governor of
Barbados. Count Blennac complained of these proceedings, but the effect of these memoirs presented by
the French Ambassador here upon that subject was,
that King James thought fit again to assert his title, and
Capt. Temple was commissionated a second time to
drive off from Sta. Lucia such foreigners as he should
find there, to demolish their houses and to destroy
their settlements, which he accordingly executed, and
was actually in possession of the said Island in the
beginning of Nov., 1686, and at the very time when
there was concluded at Whitehall the Treaty of Peace
and Neutrality, by Article 4 whereof it was agreed
that both Kings should have and retain all they then
possess'd in America. Capt. Temple staid on Sta.
Lucia with a fleet of merchantmen (who were cutting
wood) till the middle of January following, and no
French vessels were suffer'd to arrive there. In March
1686/7, Col. Stede published the said Articles of Neutrality in Sta. Lucia as a Dependance on his Government, and caused his said Majesty's Arms to be affix'd
in the most eminent places there, as a fresh assertion
of his sovereignty over the said Island. In March
1687/8, some French being crept once more into the
Island, Capt. Wren disturbed their settlements, and
again asserted the ancient right of the Crown of England. In June 1699, Col. Grey, Governor of Barbadoes,
had notice that some French were observed to inhabit
the said Island, and had employed negroes in order to
a settlement. Whereupon King William was pleased to
renew the Order formerly sent to Col. Stede, directing Col. Grey to pursue the same, by giving
notice to the French or any other foreigners who
are settled, or may hereafter pretend to settle
there, that unless they remove from off that Island,
and discontinue their settlement, he should dispossess them by force and send 'em off the said Island.
From all which it is evident that your Majesty has an
entire right of sovereignty over the Island of Sta.
Lucia, by all the grounds and titles whereby property
can either be acquired or reserved, viz. by first discovery in 1626; by so frequent settlements as amount
to a constant possession; by purchase from the natives;
by having preserv'd the English title to this Island expressly and by name, without interruption, in all Patents
and Commissions; by having at several times vindicated and asserted that title by force of arms, driving
away all forreigners as often as they pretended to
make settlements there, without leave; by solemn Proclamations and Ensigns of sovereignty, and by actual
possession confirmed to the English by Article 4 of
the Treaty of Peace and Neutrality, in America, in
1686. Annexed, |
|
554. i. A Deduction of the title of the Crown of Great Britain
and the Hudson's Bay Company to that territory. |
|
554. ii. Memorial of the Hudson's Bay Company. See May
23, 1709. |
|
554. iii. Capt. John Alden's Memorial re Nova Scotia. See
C.S.P. 1700, No. 402. iii. |
|
554. iv. Memorial of the Council and Assembly of the Massachursetts Bay to the Queen. Oct. 20, 1708. See May
24, 1709. |
|
554. v. Testimony of John Swasey and William Gigles. See
C.S.P. 1698, No. 922. iv. |
|
554. vi. M. de Villebon to Mr. Stoughton. Sept. 5, 1698.
See C.S.P. 1698. No. 922. i. |
|
554. vii. M. Denys to the King of France. See C.S.P. 1700.
No. 402. iv. |
|
554. vii. Lords Proprietors of Carolina to the Council of
Trade and Plantations, May 26, 1709. q.v. |
|
554. ix. Memorial by the Council of Trade and Plantations,
1697, relating to the right of the Crown of Great
Britain to the soveraignty over the Five Nations of
Indians. |
|
554. x. Memorial from Col. Nicholas Bayard relating to same.
July, 1698. See C.S.P. 1698. No. 644. |
|
554. xi. Deposition of William Teller relating to same. See
C.S.P., 1698. No. 643. |
|
554. xii. Abstract of proceedings between the English and
French from the Treaty of Breda to 1677, relating to
St. Kitts. |
|
554. xiii. Observations by the Council of Trade on the Treaty
of 1686. See C.S.P. 1699. p. 67. |
|
554. xiv. Memorial by Richard Harris. See May 25, supra.
[C.O. 324, 9. pp. 294–399.] |
| June 2. |
555. Extract of above Representation relating to Tobago
(1715). [C.O. 285, 2. No. 2.] |
| June 2. |
556. Extract of above Representation relating to Sta. Lucia.
[C.O. 253. 1. No. 1.] |
June 2.
St. James's. |
557. Order of Queen in Council. Referring following to the
Council of Trade and Plantations for their report. Signed, John
Povey, Endorsed, Recd. 11th, Read 13th June, 1709. 1 p.
Enclosed, |
|
557. i. Peregrine, Marquis of Carmarthen, to the Queen in
Council. Urges suppression of pirates at Madagascar,
and gives warning of an intended expedition thither
under one Captain Breholt. See A.P.C.II. No. 1090.
Copy. 2¾ pp.[C.O. 323, 6. Nos. 77, 77. i.; and 324,
9. pp. 400–405.] |
June 2.
St. James's. |
558. Order of Queen in Council. Referring following to
the Council of Trade and Plantations to examine and report upon.
Signed, John Povey, Endorsed, Recd. Read Feb. 21, 1709/10.
1 p. Enclosed, |
|
558. i. James Campbell to the Queen. Prays to be recompensed for his losses (£9000) in Newfoundland etc.
at the hands of the French, and for his services in the
defence of St. Johns, 1705, and in giving intelligence
of the state of affairs in Newfoundland, etc. Copy.
2¾ pp. [C.O. 194, 4. Nos. 126, 126. i.; and 195, 5.
pp. 93–96; and 129–132.] |
June 3.
Whitehall. |
559.Council of Trade and Plantations to the Queen. Mr.
Gordon [see March 24 supra], has produced to us two certificates
signifying that it do's not appear that the Act of Barbados
referred to has been either confirmed or repealed by the Crown.
[C.O. 29, 11. pp. 458, 459.] |
June 3.
Whitehall. |
560. Council of Trade and Plantations to the Lord High
Treasurer. There was due to the Commission for Trade and
Plantations one whole year's salary at Lady Day last past,
besides what is incurr'd since. We pray your favourable order
therein. [C.O. 389, 36. p. 422.] |
June 4.
St. James's. |
561. Copy of H.M. Warrant for payment of £24 a day for
the support of the poor German Protestant Refugees, over and
above the £16 already granted. Countersigned, Godolphin. Endorsed, Recd. Read June 23, 1709. 1¾ pp. [C.O. 388, 76.
No. 77.] |
June 8.
Whitehall. |
562. Robert Pringle to Mr. Popple. Encloses following,
and requests that a Commission and Instructions be transmitted
to the Earl of Sunderland to be laid before H.M. Signed,
Ro. Pringle. Endorsed, Recd. Read June 9, 1709. 1 p. Enclosed, |
|
562. i. Mr. Burchett to the Earl of Sunderland. Prays for
a Commission for the Commodore of the convoy to Newfoundland, Capt. Joseph Taylor, H.M.S. Litchfeild, to
command at land (v. Jan. 27, 1709). The last men
of war bound convoy thither are now under sailing
orders, etc. Copy. ¾ p. [C.O. 194, 4. Nos. 94, 94.
i.; and 195, 5. pp. 96, 97.] |
June 9.
Whitehall. |
563. Council of Trade and Plantations to Governor Park[e].
Since ours of Feb. 24, we have recd, none from you. Refer
to passage in his letter of Nov. 14, 1708, relating to leakage
of intelligence, which being an imputation upon somebody, and
a matter fit to be inquired into, we therefore desire that you
will inform yourself as particularly as you can what the intelligence was, who the persons were that received it, and also
if possible from whom they had it, and to give us an account
thereof as soon as possible, that we may thereupon do what
shall then appear proper on that occasion. Having been again
attended by Mr. Arthur Freeman in relation to the Act of
Antigua (cf. May 9, 1707) and having received no answer from
you in that matter, we again transmit copies of the Act and
Attorney General's report, and desire that you will examine the
several matters therein mentioned, and return to us as soon as
may be a particular accot. thereof, as is proposed by the said
Report. [C.O. 153, 10. pp. 358, 359.] |
June 9.
Treasury Chambers. |
564. Mr. Bendyshe to Mr. Popple. Encloses following. I
shall be very glad if the poor man may obtain the favour desired.
Signed, The Bendyshe. Endorsed, Recd. June 10, Read July
5, 1709. ½p. Enclosed, |
|
564. i. Richard Jurdine, a linen-draper in Cambride, having
inherited an estate in Antigua, prays for a recommendatory letter to the Governor and Council to see
that justice be done him with despatch, etc. [C.O.
152, 8. Nos. 21, 21.i.; and 153, 10. pp. 360, 361.] |
June 9.
[9. 4m. (Jun.)] |
565. Mr. Penn to Mr. Popple. Hond. Frd. I beg leave to
have the boundarys of Ld. Baltimore's Patent in order to my
defence, and ye date of it, wth. any other things or papers
yt. are reasonably to be graunted refering therunto, wch. will much
oblige, Thy assured and affect. ffrd. Wm. Penn. Endorsed, Recd.
Read June 9, 1709. Addressed. Holograph. 1 p. [C.O. 5,
716. No. 64; and 5, 727. pp. 120, 121.] |
June 9.
Whitehall. |
566. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M. Enclosed, |
|
566. i. Draught of Commission for Capt. Taylour to command
at land in Newfoundland during his stay there, and
of Instructions for the better putting in execution the
Act for redressing abuses practised by masters of ships
etc. in those parts. |
|
Similar to those given to former Commodores. [C.O.
195, 5. pp. 98–105.] |
June 9.
Whitehall. |
567. Mr. Popple to Josiah Burchett. The Council of Trade
and Plantations not knowing in what condition our settlements
at Newfoundland may be in by reason of the late attempts by
the French, they do not see what proper queries can be framed
to be given to the Commodore for this year; however they
think it will be of service that the usual Heads of Enquiry
and Additional Instructions, tho' it is not expected the Commodore shou'd answer them all, be given to him entire, for such
answers as he shall be able to make; and therefore their
Lordships have commanded me to send you the said enquiries
here inclosed, which you will please to lay before my Lord
High Admiral for his Lordship's directions therein. Enclosed, |
|
567. i. Heads of Enquiry and Additional Instructions for
the Commondore of the Newfoundland Convoy. Same
as last year. [C.O. 195, 5. pp. 105–109.] |
June 9.
St. James's. |
568. Order of Queen in Council. Repealing clauses in an
Act of Barbados, 1667, concerning clerks and marshals' fees,
whereby judges are empowered to appoint their own marshals,
as encroaching on Mr. Gordon's Office etc. The Governor is to
endeavour with the Assembly that clauses in an Excise 'Act of
1708, empowering Commissioners of Assembly to appoint their
own Marshals be also repealed, or that he return an account
to H.M. of the objections against repealing it. The Governor
is to protect Mr. Gordon in his office and not to pass any law
prejudicial to the rights and perquisites of the office of Provost
Marshal. Set. out, A.P.C.II. 1093. q.v., and June 3 supra.
Signed, John Povey. Endorsed, Recd. 15th, Read 25th Oct.,
1709. 27¼ pp. [C.O. 28, 12. Nos. 42; and (first part only) 41;
and 29, 12. pp. 29–33.] |
June 9.
Craven House. |
569. Warrant of the Lords Proprietors granting 5000 acres
in S. Carolina to Abel Ketelbey, in consideration of £100 purchase
money and a quit-rent of 10/s. per 1000 acres. Signed, Craven,
Palatine, Beaufort, M. Ashley, J. Colleton, J. Danson. [C.O.
5, 289. p. 220.] |
