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June 11.
Whitehall. |
570. Mr. Pringle to Mr. Popple. Encloses following.
Signed, Ro. Pringle. Endorsed, Recd. 13th, Read 15th June,
1709, 1 p. Enclosed, |
|
570. i. The Earl of Sunderland to the Council of Trade and
Plantations. Whitehall. June 11. You are to discourse
with my Lord Chamberlain's Agents and report upon
the following proposal with all the despatch possible.
Signed, Sunderland. 1 p. |
|
570. ii. Proposal by the Marquis of Kent, Lord Chamberlain,
to allot lands in Herefordshire and Gloucestershire
to the German Protestant Refugees. 1¼ pp. [C.O.
388, 76, Nos. 66, i., ii.; and 389, 36. pp. 423–426.] |
June 13.
Virginia. |
571. Col. Jenings to the Council of Trade and Plantations.
I have but just time to acknowledge the honour of diverse
letters from your Lordps. by the convoy wch. arrived within
the Caps last night, not one ship of the Fleet missing. I have
called a Council for advising of your Lordps.' commands, but
beg your Lordps. will excuse me that I cannot have one so
suddenly as to be able to return your Lordships a particular
answer by the ships now bound out; they chiefly belong to
Maryland, and will not stay, tho' I have written to, and daily
expect the homeward bound men of war from New York to take
them and some others of this Colony under convoy. Refers to
letter of March 22 relating to fitting out a briganteen. That
preparation has been very usefull in frighting the enemy from
attempting anything within our Capes; tho' they have done much
dammage on both sides of us, by plundering the Horekills, a
town on the mouth of Delaware, and the inhabitants of Corrotuck in North Carolina, and they have owned to some of their
prisoners that they would have done the like to Virginia, but that
they found us on our guard. Since there's a guard ship now
arrived, I shall ease H.M. Revenues by discharging the briganteen, and by the next opportunity send your Lordps. an account
of the charge thereof. I hope in a few days to have the honour
of writing to your Lordps. more fully by the men of war from
New York if I can prevail with them to stay any time; but
am afraid they will not, having on board my Lady Lovelace and
her family, who on the unfortunate death of my Lord (a Gentleman very much lamented) is returning home and will no doubt
be impatient to be in England. Signed, E. Jenings. Endorsed,
Recd. Aug. 30, Read Sept. 5, 1709. 2 pp. [C.O. 5, 1316.
No. 32: and 5, 1362. pp. 413, 414.] |
June 14.
St. James's. |
572. Copy of H.M. Warrant for payment of £40 a day
for support of 2000 more German Protestant Refugees, in addition to the £40 already granted (June 4). Countersigned,
Godolphin. Endorsed, Recd. Read June 23, 1709. 2 pp. [C.O.
388, 76. No. 78.] |
June 14.
Jamaica. |
573. Governor Handasyd to the Council of Trade and Plantations. Acknowledges letters of Feb. 24, March 10, July 13,
Aug. 4, 13, 23, Nov. 25 and Dec. 15, H.M. additional Instructions, and two Privy Seals, one for Col. Mumbee, the other
for Cap. Peeke to be of the Councill. As to what you mention
about the six cruisers, I mean six nimble ships from 40 to
50 guns for convoys to our trade to the Spanish coast, and
to prevent the French bringing any merchantable goods to
dispose of to the Spaniards, by which means it will enrich
the British subjects, and destroy the interest of the French
As to the giving an exact account of prizes, I have always
given the best I could learn, being no way interested in them.
I have consulted the Planters and Factors about the number of
negroes the Island will have occasion for yearly, but cannot
find any that can make a true estimate of the matter, it being
uncertain what improvements are yearly made of land, or what
negroes may die, or run into the woods and mountains from
their masters. As to the oath of office, all patentees that come
into these parts take the oaths the Law requires. As to the
Flaggs of Truce from the Spaniards, it is still my opinion they
only come as spys, to know what ships are out a cruizing, and
what are in port, tho' all possible care is taken to prevent it,
for the Spanish prisoners are constantly sent home by our sloops
that go daily to the Spanish coast, and our prisoners brought
from them by the same vessells, so that they have no occasion
to come upon any other score than as spys. Your Lops. say
you do not doubt but I know where to make application for
the mony I have disbursed for private intelligence. It has
been my misfortune these 38 years never to have much time
to make application to Court, and that is the reason I am so
much a stranger where to apply myself now in this affair,
unless to your Lops. or the Secretary of State, whom I look
upon as partrons to all Governors, and therefore must begg
your Lops.' favour in assisting my agent there on this behalf.
I find that one of the persons I had intelligence from has been
clapt up betwixt 5 and six months upon suspicion, and likewise
two others have been in prison these 18 months at Petit Guavas
upon the same account, tho' I had no correspondence with them.
So that that expence will now be at an end, which if the
war continues will be very uneasy for the gentleman that relieves. The fourth instant was brought in here by a Jamaica
privateer a Spanish brigantine loaden with corn and earthen
ware of a small value. I send your Lops. herewith enclosed a
list of the escheats found for the Queen this Grand Court, with
the value of them, most of which are only land that has lain,
unmanured for these 30 or 40 years, and pays no quitt rent to
H.M., which if she is pleased shall be disposed of, may be of
service to severall familys lately come from St. Christophers and
the other Windward Islands, where they have been forced by
the enemy to leave their places of abode, to settle in Jamaica,
and therefore I desire your Lops.' speedy answer herein. Being
informed that there was a quantity of ambergreese taken up at
Withywood of about 20lb. weight, 10lb. of which being exposed
to sale, and it plainly appearing to me that it was taken up
within the ebbing and flowing of the water, I caused it to
be seized by the navall officer on behalf of the Queen, and
ordered the prosecution of the person, who had the other half,
as the Law directs; but finding that it would go in the Grand
Court against the Queen, as everything does where there is
the least shadow to take hold of, I ordered the Attorney Generall
and Col. Brodrick to demand a speciall verdict, which was
possitively refused, and which in my opinion is contrary to the
known Laws of England. I therefore send your Lops. here enclosed the papers relating to it, and desire they may be laid
before H.M. Attorney General and what other Gentlemen of the
Law your Lops. think fitt, to know if H.M. has had justice done
her, and what methods are to be further used about it. The
10lb. that was seized by the Navall Officer I have ordered him
to return to the person from whom he had it, that I may be
at no further expence in the matter, having fee'd the Lawyers
out of my own pockett, who would do nothing without ready
mony, and there is no allowance for it out of the Treasury,
Signed, Tho. Handasyd. Endorsed, Recd. Aug. 6, Read Nov. 11,
1709. 5. pp. Enclosed, |
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573. i. List of escheats found for the Queen at the Grand
Court in Jamaica, 1709. 5 lots of land and some
negroes. Same endorsement. 1 p. |
|
573. ii. Deposition of A. Nowlan. He purchased 20lb. of
ambergrease, thinking it to be pitch for his canoe,
from James Litchell who keeps a storehouse belonging
to Humphrey Mumby, William Kingston and John
Hutchinson. At a horse-race at Salt Savanna his
brother in law, James Davis, shewed it to Dr. Trapham
who assured him it was very good ambergrease. To avoid
a law suit, he shared it with Mumby. His half was
seized by William Norris, H.M. Naval Officer. See
supra. Signed, Arthur Nowlan. Same endorsement.
1 p. [C.O. 137, 8. Nos. 66, i., ii.; and (without
enclosures) 138, 13. pp. 40–46.] |
June 15.
Whitehall. |
574. Council of Trade and Plantations to the Earl of Sunderland. Reply to June 11. We have discoursed with the Lord
Chamberlain's Agent, who hopes to make his proposal compleat
in a week or ten days time, etc. [C.O. 389, 36. p. 427.] |
| [June 16.] |
575. List of persons concerned in Capt. Breholt's intended
expedition to Madagascar. See June 2 supra. The Earl of
Morton, Hon. Charles Egerton, Sir John Bennett, Sir David
Nairne, Sir James Gray, Paul Jodrell, the Earl of Carlisle, etc.
etc. Endorsed, Recd. Read June 16. 1 p. [C.O. 323, 6. No.
78.] |
June 16.
St. James's. |
576. Order of Queen in Council. Mathew Newnam's fine
is remitted etc. as proposed in Representation of July 15, 1708.
v. A.P.C., II. No. 1097. Signed, John Povey. Endorsed, Recd.
5th, Read 10th Nov. 1709. 1¼ pp. [C.O. 37, 9. No. 2; and
38, 6. pp. 473, 474.] |
June 16.
Barbadoes. |
577. G. Newport to Mr. Popple. I was one of those who
signed an Address to Governor Crowe protesting against the
Address of the Assembly requesting him not to restore the 3
Councillors as directed by H.M. A few days later I justified
my action when challenged by Col. Maycock. Six or seven days
later I was summoned to appear before Joseph Brown to give
an account of some words spoken by Col. Maycock to me, which
reflected upon the honour and justice of H.M. I went and
gave my depostiton of May 23, 1709, by which you'l perceive
that the words that gave offence are Col. Maycock's saying the
Queen was surprised or spiritted into the Order for restoring
the Councellors. On June 1 H.E. issued an order to a cooper,
one Mr. Conningham, and at present a J.P. too, commanding
him to summon before him Col. Hallet, Col. Terril, Mr. Roberts,
Mr. Townsend, and two Jews, and to take their depositions relating to may aforesaid discourse with Col. Maycock. I was
not allowed to cross-examine them, but they could not give
any tolerable account of the affair, or tell one single word of
what I said in answer to Col. Maycock. All the time Col. Maycock was whispering the Justice and the deponents, and had
free liberty to ask what he pleased. This proceeded from the
awe that Col. Maycock has over the Justice, who is but a poor
cooper, and Col. Maycock is Treasurer, and, (which is the greatest
post that ever was in the Island) Commissioner for paying of
Bank-notes; he is Chief Judge of the Court of Common Pleas
and Col. of the Regiment, and Commander of the Forts and
matrosses in the division where he lives and consequently cannot but be Assembly-man for the parish, and bring in such of
his creatures as he pleases. etc. Signed, G. Newport. Endorsed, Recd. 5th, Read 15th Aug. 1709. 3¼ pp. Enclosed, |
|
577. i. Deposition of George Newport, as to his interview
with Col. Maycock, as supra. May 3, 1709. 1 p. [C.O.
28, 12. Nos. 38, 38.i.; and (without enclosure) 29,
12. pp. 6–12.] |
June 16.
Perth Amboy. |
578. Col. Ingoldesby to the Council of Trade and Plantations.
Refers to former letters. I have not been favored with one
line in answer. I presume [your] Lordshipps may already have
received notice of the death of my Lord Lovelace, and from his
Lady the minutes of all that passed either in Councill or Ass[embly], with other publique transactions dureing his Government, since the Secretary hath ass [ured] me that as to what
relates to his office and duty, he hath delivered two coppys
to her Lordsp. [sic] [to] be transmitted home. Togeather with
this your Lordships will receive an accompt of what passed in
both Governments of New York and New Jersey, since [I have]
had the administration thereof, and hope nothing will be found
wanting that your L [ordships] expect to have returned by me,
although I cannot but acquaint your Lordships that [the] multiplicity of business ocationed by my Lord Lovelace's coming
into the Government, [so suddain] death, and the arivall of Col.
Nicholson and Col. Vetch with H.M. commands to call the
Assembly in each Province, and to give them all possible assistance in that great and glorious designe hath rendred it very
difficult to comply with H.M. instructions soe [punctually] as I
might otherwise have done, and may excuse me to your Lordships in case there shou'd happen to be anything omitted. The
present state of the Governmt. your Lordships will be fully
acquainted with by the papers you will receive with this letter,
and your wisdomes will discerne the unhappy causes of the
non-complyance of the Province of New Jersey with H.M. commands in the supplying the expected Quotas of men and monery
for the reduction of Canada to procede partly from the admision
of Quakers into the Assembly and Governmt., and partly from the
factious and turbulent spirit of some other persons in this
Government, and is a full confirmation of all that hath formerly
been wrot to your Lordships on that head, although your Lordships have all the voates of the Assembly and proceedings in
Councill before you, yet I cannot omit mentioning two or three
of them [as] a sufficient demonstration of the truth of my assertion. May 31. p.m.: Motion being made, and the question
being putt whither this house would detach men for the present
expedition, it passed in the negative. June 3, 1709; Resolved
the following words [in] the Address to Col. Nicholson, vizt,
that his honnor would obleige our Province and nation by taking
on him the supreame command of the forces employed against
[Canada] by land, this House takes to signifie none but such
as volluntarily doe list themselves under his command. June 9:
The engrossed bill for the raiseing of £3000 for H.M. service
was read the third time, and uppon question put, was rejected.
Mr. Gardner, on behalfe of the People called Quakers that were
members of this house, desired that the following entry might
be made, vizt., the Members of this [house] being of the people
called Quakers, have always been and still are for raiseing
[money] for the support of H.M. Governments. But to raise
money for the raiseing souldiers [is] against their religious
principles, and for conscience cannot agree thereto. I cannot
[but] observe that had the Bill passed as it was rejected, it
would not have [been] very servisable, since the sum of £3000
was to be paid to such as volluntarily [enlisted] themselves to
goe on this presant expedition, and not otherwise, so that if
there ware not [two] hundred vollunteers out of this Province,
there was no provision for any men that ware [detached] out
of the Militia. I doe assure your Lordshipps I have left no stone
unturned to man [ifest] my zeale and diligence in this matter
and heartily sorry that it hath miscarried. I think it my duty
further to acquaint your Lordships that there are two of H.M.
Council dead that are mentioned in my Lord Lovelace's Instructions, vizt. Mr. Davenport and Capt. Andrew Bowne, and
two being at that time removed, vizt., Mr. Revell and Mr.
Leeds, who both resided in the Western Division, that are two
of the Members of the Councill for that Division still wanting.
I have therefore according to H.M. Instructions sent a list of
the names of such persons as I beleive most proper to fill
up the said vacancys, which I think is for H.M. service to
be spedily [done], that we may have as many of the Councill
as is posible to assist on all occations. To acquaint your
Lordships that the Assembly has raised nothing for the support
of the Government and payment of sallaries of the officers nor
contingent charges of expresses; that I have received no more
then two years sallary since my arivall here in this Province,
and have maintained the honor of my post and service of H.M.
at my owne expence without any manner of reward for about
4 years, is but to say what I beleive your Lordships are already
acquainted withall, onely I thinke it a justice due to myselfe
to assure your Lordships that in all the course of my administration here, I dare challenge every individuall man in both
the Provinces to instance in any one thing that they have been
wronged, or might have any just complaint against me, and
therefore cannot but hope that I may have your Lordship's
recommendations of me to H.M., either for the continuance of
me[n] in the chief command of these Governments, or such
other provition as may in some measure reimburse me for my
time and expences. I have been many years always in the
service of the Crowne, and have had the honor of beareing a
Commition under it, and am shure have never violated either
my honor or the trust reposed in me, therefore thinke have a
just pretention to this post that the death of my Lord Lovelace
and H.M. Commission hath placed me in, and hope that I may
receive a confirmation thereof from H.M. by her Letters Pattents.
At the desire of the Gentlemen of H.M. Councill and for the
reasons alledged in the Address that your Lordships will see
in the Minutes of the Councill, I have thought it for H.M.
service to suspend Lewis Morris Esq. from being one of H.M.
Councill or any other office or place of profit or trust in this
Province untill H.M. Pleasure be farther known and cannot
but beleive that H.M. will see it to be for her service to confirme
the same. My Lords, although the stubborness of the Assembly
in not complying with H.M. commands relateing to the Expedition occationed my adjourning of them by the advice of
H.M Councill, yet that nothing may be left untried to forward
the same I have called them againe to meet at Burlington the
21st inst., and hope they may be prevailed with to study their
own interest and H.M. service. Signed, Richd. Ingoldesby.
Endorsed, Recd. Aug. 20, Read Sept. 5, 1709. 2 pp. [C.O. 5,
970. No. 82; and 5, 994. pp. 474–480.] |
June 17.
[17 curtt.] |
579. William Penn to the Council of Trade and Plantations.
Honble. Friends, I humbly, pray yt. I may have a free access,
or my clark and agent for me, to the Records of yr. Office in
reference to affaires of America, especially of Virginia, Maryland and Pennsylvania, wth. coppyes of such records as I
shall need and you will much oblige your very resp [ectful]
friend, Signed, Wm. Penn. Endorsed, Recd. Read June 20, 1709.
Addressed. Holograph. ¾ p. [C.O. 5, 1264. No. 710; and 5,
1292. p. 137.] |
June 17.
Philada. |
580. Lt. Governor Gookin to Col. Nicholson and Col. Vetch.
In answer to yours of 13th inst., notwithstanding all I could say,
assisted by ye Councill and most of ye men of note in ye Town,
Quakers and others, ye Assembly sent me their last answer in
these words, "Resolved, n.c.d., that they cannot raise money
directly or indirectly for ye expedition to Canada," to wch.
they added they were preparing a Bill for raising £500 as a
present to ye Queen for her favours etc., which should be
ready at their next meeting on Aug. 15th, tho' I told them
'twould not be convenient to adjourne but from day to day
till some matters of moment I had to communicate to them
were answered, nor will they do anything to defend their own
coasts or encourage our neighbouring Indians, who have offered
their assistance, alledging for all their religeous principalis, so
that there is nothing to be expected from hence. When you
write to ye Ministry at home, I hope you will do me ye
justice to acquaint them how far I have obeyed H.M. commands, as I shall also do myselfe, and transmitt to them ye
Minutes of Councill with ye proceedings of ye Assembly, and
whatever else may be thought necessary to justify such of this
Province as are zealous for H.M. honored service. Signed,
Charles Gookin. Holograph. ¾ p. [C.O. 5, 1234. No. 1.] |
| [June 17.] |
581. Accounts of receipts and disbursements on behalf of
the German Protestant Refugees, May 17—June 17, 1709. Signed,
J. Tribbeko, A. Ruperti. Endorsed, Recd. June 21, 1709. 4 pp.
[C.O. 388, 76. Nos. 71–74.] |
June 18.
St. James's |
582. The Queen to Governor Crowe. Instructions in the
case of George Gordon as June 9, supra. Signed. A.R. [C.O.
5, 210. pp. 152–154.] |
June 18.
Barbados. |
583. Messrs. Sharpe, Walker and Beresford to the Council
of Trade and Plantations. Our complaints against Governor
Crowe have given your Lordships' Board much trouble, but
we hope the papers which will be now layd before your Lordships
will entirely put an end to it. Repeat part of May 14. Pursuant
to H.M. Order, Jan. 22, we did this day goe Pilgrim, the
Governor's residence, with a copy of our Representation and
severall affidavits and other proofs to make good our charge
conteyned therein. He refused us admittance, and sent us a
message by Mr. Barron, Depty. Clerk of the Council that he
wou'd receive no papers from us that required debate. We
replied that these papers requir'd no debate and would not admit
of any, and explained what they were, but were obliged to
return without delivering them. Mr. Crowe's insolent disobedience his unaccountable conduct in this as well as on most
other occasions, has brought on him the contempt of every one
of all partyes who has common sense, and the just indignation
of those who have any share of honour or probity. Signed,
Wm. Sharpe, Saml. Beresford, Alexander Walker. Endorsed,
Recd. 30th July, Read Aug. 2, 1709. 2 pp. Enclosed, |
|
583. i. List of enclosures. 1¾ pp. |
|
583. ii. Representation by Messrs. Sharpe, Walker and Alexander to Governor Crowe. Your refusal to obey H. M.
Order of Jan. 22 (v. infra, No. iv.), is a plain proof
that your Excellency is conscious of the truth of ye
several charges in our Representation. Enclose proofs.
If any particular charge shall seem imperfectly made
out, 'tis not for want of evidence, but because your
Excellency has refus'd to order us summons as H.M.
directs. Within two days after the receipt of H.M.
Order you did (as you formerly had done just before
Mr Walker's tryal) by a private supersedeas turn 15
gentlemen out of ye Commission of the Peace, without
ye consent or privity of ye Council, which is contrary
to an Act passed by yourself, whereby your Excellency,
dureing our suspension, has given up that part of H.M.
prerogative of making or displacing Justices without
the consent of Council. Whether these Gentlemen, who
are men of known probity and moderation were not
displac'd on purpose to prevent our applying to them,
we leave all impartial men to judge. If you will please
to signify H.M. pleasure to Mr. Beckles, or such other
magistrate as we shall name, we can upon every general head of complaint produce many more instances of
ye truth of them. However we believe the annexed
papers will suffice. Enclosures analysed and amplified. |
|
We could prove many more matters of a higher
nature, if possible, then any contein'd in our Representation, but we shall only mention two: (1) Your
exacting from Mr. Cox a second obligation to pay you
a considerable summ for the Naval Office, after you
had receiv'd a severe repremand from ye Lords of
Trade on that occasion. (2) Your permitting the sloop
Neptune, Hugh Christian, master, to sail before she
came to a tryal, whilest she was under a seisure and
libell'd on some depositions you had yourself taken to
prover her guilty of the breach of ye Acts of Trade
etc. The reasons are very publickly talkt of, etc.
(3) Your intercepting, breaking open and concealing
a letter from the Government of Surinam to Mr. Sharpe
and Mr. Cox. To do right to ourselves, we insist upon
it, that your Excellency will give us copys of all the
depositions you have caused to be taken against us,
and of whatever else you have written home against
us, etc. Signed, Wm. Sharpe, Alexander Walker, Saml.
Beresford. Barbados, June 16, 1709. Endorsed, Recd.
July 30, Read Aug. 10, 1709. 7 pp. |
|
583. iii. Same to Same. May 12, 1709. Pray H.E. to instruct
Thomas Beckles or another judge to take depositions as
ordered Jan. 22, 1709. Signed as preceding. 1 p. |
|
583. iv. Governor Crowe's Reply to preceding. Barbados, May
16, 1709. By H.M. Order Jan. 22 directions were given
to send him a coppy of their late Representation, which
has not been done. Complainants inform him they have
not received one either, so that he cannot make any
answer thereto, or cross-examine any wittnesses. etc.
Signed, M. Crowe. 1 p. |
|
583. v. Reply to preceding. May 18, 1709. The Representation referred to is that of which your Excellency on
May 12 owned you had the original still by you. We
pray for a copy of the answer you say you have already
sent home, etc. Signed, Wm. Sharpe, Alexander Walker,
Saml. Beresford. 1¼ pp. |
|
583. vi. Copy of Supersedeas signed by Governor Crowe, Pilgrim, Dec. 7, 1708, for removing William Sharpe, Alexander Walker, Samuel Beresford, Raynes Bate, Alexander Anderson, Thomas Sandiford, Richard Sandiford,
Mathew Keynell, Charles Egerton, Francis Alexander,
Peter Mascoll, John Rushworth, and Joseph Tod from
the Commission of the Peace. ¾ p. |
|
583. vii. Copy of Supersedeas, signed by Governor Crowe,
Pilgrim, May 11, 1709, removing Joseph Salmon, John
Sandford, Benjamin Bullard, Thomas Prideaux, George
Forster, Daniel Hooper, Joseph Hannis, Robert Vaughan, Zachary Shute, Robert Lottis Hooper, Othniel
Haggath, Thomas Stewart, Thomas Roulston, John
Dorne, and Richard Wiltshire from the Commission of
the Peace. 1 p. |
|
583. viii. Certificate that H.E. and Council met 48 times during the suspension of Messrs. Sharpe, Cox, Milles and
Walker, Aug. 26, 1707—June 1, 1708. Signed, A.
Skene, Secry. June 1, 1709. ½ p. |
|
583. ix. Certificate that from June 1st, 1708, the day the
above were restored, to Sept. 25th, the day Messrs.
Sharpe, Walker and Beresford were suspended, H.E.
and Council met 3 times. Signed as preceding. ½ p. |
|
583. x. List of meetings and adjournments of Assembly of
Barbados, May—Sept. 1708. Signed, William Grace,
Cl. of Assembly. 1 p. |
|
583. xi. Votes of Assembly, June 5, 1707, of £200 for repair
of roof and completing stables etc. at Pilgrim's, and
£500 currt. money to H.E. for his habitation etc.,
July 18, 1707, and £500 for furnishing H.E.'s cellars,
May, 1708. 8½ pp. |
|
583. xii. Minutes of Assembly of Barbados, May 18—Aug.
31, 1708. 7½ pp. |
|
583. xiii. Inhabitants of Bridge Towne to Governor Crowe.
Petitioners' Representatives having communicated to
them the heads of a Bill prepareing by the Assembly
to impower the Publick Treasurer to issue a verry
great summe in noates from 2/6 to £10 for dischargeing
the publick debts, petitioners laid before the House
the great losses the Island had sustained by the last
paper money, together with their apprehensions that
any attempt to establish any other paper credit would
yet more discourage trade, and prayed that the said
Bill containing matters of an extraordinary nature
might not pass that House nor any noats issue thereon
untill H.M. most gracious pleasure should first be
known, and that in the meanetime some effectuall
course might be taken for dischargeing the Bank and
Country noates allready issued by the former Lawes,
the time for paying the same haveing been long since
elapsed. Notwithstanding which that House hath past
the said Bill, and as if they had conceived a displeasure
against petitioners, have layed 4 times a greater tax
on them, in this great decay of trade then wass ever
knowne even in the times when the number of inhabitants were considerably greater and our commerce
at the highest. In 1692, when a very considerable
tax was raised of 4s. per head on negros and £12 on
each windmill, the proportion of this towne was on
the Christian inhabitants £675, and on the Jews £750,
and in 1704, when a verry great summe was raised
for dischargeing the publick debts 5s. per head was
laid upon negroes and £5 upon each windmill, the
proportion laid on the Christian inhabitants of this
towne was £1500 and on the Jews £750, which was soe
grievious that the vestry found it almost impossible
to raise, and occasioned several of the poore inhabitants to leave the Island, and yet in this intended levey,
when 5s. per head is laid on negroes and £4 only on
each windmill, the whole tax amounting to £23,129. 15s.
the Christian inhabitants of this towne are taxed £6000,
the Jews £1500, besides the lawyers, pattentees and
other officers, which amount to above ⅓rd of the whole
tax. Yet the proportion would have been considerably
lessened if any regard had been had to the present
great decay of trade, the number of merchant vessels
haveing decreased from 552 in 1701 to 178 the last
year. And which is yet a greater hardshipp, the inhabitants of this towne are the greatest creditors of
the publick, to whome chiefly the debts intended to be
discharged by this Bill are due, soe that should the same
pass into a Law, petitioners will be oblidged themselves to pay above ⅓rd of the debts due to themselves,
and to goe without the remainder or receive the same
in the designed noates, which they have noe hopes to
pass away under 50 p.c. loss, that discount haveing
been on the former, soe that those who have credited
the publick will be forct after soe long a stay to com
pound for halfe their just debts. Pray that their proportion be justly laid, that no notes be issued until
H.M. pleasure be known, and that the Assembly be
recommended to relieve those who have the State Bank
and Country noates lyeing by them useless and unpaid.
102 signatures. 1 large p. |
|
583. xiv. Copy of proceedings in a Court of Chancery, held
by Governor Crowe, Feb. 20, 1707. Mitford Crowe v.
Butler Chamberlin (see No. xv.) H.E. acquainted the
Board that he was a party in this cause and desired
them to consider it. The Board decided that the injunction formerly granted in this cause should remain
perpetual. Whereupon H.E., at their unanimous request, ordered accordingly. Leave to appeal granted,
if appealable. 1¼ pp. |
|
583. xv. Manasses Gilligan and Butler, his wife, formerly
But'er Chamberlaine, administratrix of Sir John Witham,
Bart., to Governor Crowe. Liberty to appeal having
been granted, provided petitioners applyed for a warrant
of appraisment to appraise the negroes, in question,
and they be found to amount to the vallue of £500,
they now apply for such warrant. Granted by H.E.
March 20, 1707/8. 1¼ pp. |
|
583. xvi. Governor Crowe's warrant appointing Commissioners
of appraisement as desired in preceding. Signed, M.
Crowe. March 23, 1707. Copy. 1 p. |
|
583. xvi. Governor Crowe's warrant appointing Commissioners
of appraisement as desired in preceding. Signed, M.
Crowe. March 23, 1707. Copy. 1 p
|
|
583. xvii. Appraisement of negroes on Chappell Plantation,
belonging to the late Sir Willoughby Chamberlaine, as
ordered xv. xvi. supra. Total value, £565. April 15,
1707. Signed, John Frere, John Bowman, Ja. Aynsworth, John Rushworth. Copy. 1 p. |
|
583. xviii. (a) Manuel Manasses Gilligan and Butler, his wife,
to Governor Crowe. Pray for copies of proceedings
in above case, in order to an Appeal to H.M. accordingly. Signed, Tho. Hodges, James Cowse. Overleaf,
(b) Governor Crowe's order rejecting above petition,
because the warrant of appraisement was not duely
executed, nor the return thereof regularly made. Pilgrim, April 24, 1708. Signed, M. Crowe. Copy. The
whole, 1¼ pp. |
|
583. xix. (a) William Rayner and Eleanor, his wife, to Governor Crowe. Pray that William Copp be kept in close
custody till he comply with an order of the Court
and pay costs in a certain case, he having been committed for contempt in not paying, but being now at
large. Signed, Wm. Rayner, Elenor Rayner. |
|
(b) Governor Crowe's order for hearing this petition
next petitioning day. Pilgrim, Aug. 9, 1707. Signed,
M. Crowe. |
|
(c) Order that Wm. Copps pay William Rayner the
above-mentioned costs in two months. Pilgrim. Aug.
11, 1707. Signed, M. Crowe. 2 pp. |
|
583 xx., xxi. Case of the Hon. Middleton Chamberlain, by
his Attorney Dorothy Chamberlain his wife, and Dorothy Chamberlain and Eliza. Nanfan, the co-heiresses
of William Chester, senr., v. John Egginton. Upon the
petition of the latter, H.E. ordered that it be heard
before him next Chancery day in course, and that
meantime no attachment do issue against petitioner,
for want of an answer. Pilgrim, Aug. 9, 1708. Copy.
4 pp. |
|
583. xxii. Proceedings at a Court of Chancery held by Governor Crowe, May 12, 1708. In the case of John Milles
v. Constance Shatterdon, 3 of the Council were of opinion
that defendant's demurrer was good, and two of them
together with H.E. that it ought to be overruled.
Whereupon H.E. ordered it to be rejected. Copy. 1p. |
|
583. xxiii. Proceedings at a Court of Chancery held by Governor Crowe, March 12, 1708. In the case of Sir John
Colleton v. the Hon. John Colleton, defendant's Councill moving for costs, complainant's bill being dismist,
H.E. ordered the said motion to be continued, there
being no Court without the Hon. John Colleton. Copy.
1 p. |
|
583. xxiv. Governor Crowe v. Cuthbert Mittford. Chancery
Court, Barbados. Complainants filed their bill June 6,
1705. A series of delays up till July 22, 1707, since
which no proceedings. Copy. 1 p. |
|
583. xxv. Richard Williams to Governor Crowe. Aug. 11, 1707.
Petitioner sold a negro to Capt. John Summers for
£30, of which he has only paid 40s. Prays for relief,
having lost his all in a fire. Signed, Richard Williams.
H.E. Order for Capt. Summers to attend next petitioning
day. Capt. Summers said he could not do so. On Aug.
18 Governor Crowe ordered Capt. Summers to pay
Williams £28 in a month. Signed, M. Crowe. Copy.
2 pp. |
|
583. xxvi. Deposition of Humphry Waterman, jr. In Aug.,
1707, he was possest of some negroes he had purchassed at a publick outcry. Philip Bamfeild pretending he had a right to them, Governor Crowe on
his petition ordered deponent to attend. After treating
him with the greatest rudeness and most vilifying expressions, without allowing him or his Council a due
liberty of speaking in his defence and without hearing
any evidences sworne on either side, he ordered him
to deliver the negroes to Bamfeild. Deponent conceiveing H.E. had noe power to determine rights or
titles to estates of inheritance, refused to obey. Whereupon he was informed that a warrant did issue to
imprison him, but upon his offering to support himself
as an English subject and to surrender himself,
he heard noe more of the affair. H.E. told deponent
in the hearing of Bamfeild, that if he, Bamfeild, should
shoot him, he would serve him but right enough, and
within a short time afterwards deponent rideing quietly
and unarmed in the Queen's highway, Bamfeild brought
out a gunn and discharged it at him, shooting his horse
in the shoulder, which died. Signed, H. Waterman.
1¼ pp. |
|
583. xxvii. Deposition of Adrian Martin, Planter. On July
8, 1707, upon the petition of his wife setting forth
grievances against him, which deponent offered to disprove, Governor Crowe, in spite of his protests, ordered said petition to be endorsed that deponent had
agreed that his wife should have his only house with 3
acres of land and 3 negroes to live upon. H.E. called
him a rogue, and told him if ever he went near his
wife or said house he would send him to gaol, and
turning to Mr. Sharpe said, what a sad misfortune 'tis
we have not gallys for such rogues as this, etc. Signed,
Adrian Martin. ¾ p. |
|
583. xxviii. Deposition of William Anderson. In Oct. 1707,
being then Marshall of the Court of Common Pleas, and
having leveyd an execution on the estate of Thomas
Dowding, decd., at the suite of the Attorneys of John
Gardner, merchant of London, deponent was served
with an order from H.E. to appear at Pilgrim on a
petition of Mr. Stephen Gibbs against the aforesaid
attorneys. H.E., upon hearing the said petition, ordered that deponent should forbear any further proceedings in the aforesd. executions. He did so, til
some time after, upon a hearing of this matter before
H.E. and Council deponent had liberty to proceed on
the said execution. Signed, Wm. Anderson. |
|
583. xxix. (a) Copy of an execution against Robert Arnol issued
by Edward Burk, Chief Baron of the Court of Exchequer,
Jan. 28, 1707. Signed, Ed. Burk. Copy. 1 p. |
|
Proceedings were begun in accordance with above
order, Feb. 28, 1707/8, but stopped by the Governor's
order for 12 months. Signed, Arch. Darroch, Marshall. ¾ p. |
|
583. xxx. (a) Copy of an execution against Mathew Gray,
issued as xxix. (a). Jan. 31, 1707. Signed, Ed. Burk.
1 p. |
|
(b)Proceedings were begun, but stopped by the
Governor's order, as xxix. (b). Signed, Arch. Darroch.
1 p. |
|
583. xxxi. Similar execution against John Smith, issued by
Ed. Burk Feb. 3, 1707, and stopped by the Governor's
order. Signed as preceding. 1 p. |
|
583. xxxii. Similar execution against Charles Payton, issued
by Ed. Burk Feb. 3, 1707, and stopped by the Governor's order. Signed as preceding. 1 p. |
|
583. xxxiii. Petition of Katherine Herbert, wife and attorney
of Capt. Saml. Herbert, to Governor Crowe. As relict
of John Farmer petitioner had commenced several
actions of dower against James Cowse and John Hothersall, residuary devisees of Farmer. Her proceedings are
stayed by an injunction bill in ye Court of Equity
brought against her by James Cowse. But now Alexander Walker in the name of himself and others the
Attorneys of John Watter now in England hath caused
execution to be leavyed on the works of John Farmer's
plantation called Cabbage Tree Walk, of which petitioner
hath not as yet been endowed etc., and threatens to
take up the coppers etc., which will ruin the estate,
if not prevented. Petition heard and dismissed July
26, 1708. Copy. 2 pp. |
|
583. xxxiv. Petition of Arthur Slingsby and Susannah, his
wife, to Governor Crowe. John Legay on Aug. 4,
1705 commenced an action against Susannah Slingsby,
and claimed £2000 damage, for assaulting his wife,
Sarah Legay, in Cheapside, St. Michael's, and causing
a miscarriage thereby. Judgment was passed against
them in default. On July 30, 1707 a writ of enquiry of
damages issued upon the said judgment. The Jury
found for plaintiff in £115 currt. with costs, upon which
verdict the Court of Common Pleas have also given
judgment for plaintiff. Pray for a writ of error, several
matters having been unduly admitted in evidence. Writ
ordered to issue accordingly by Governor Crowe, Sept.
1st, 1707. Copy. 3 pp. |
|
583. xxxv. On hearing the above case, Oct. 28, 1707, H.E.
and Council reversed the judgment given on the writ
of enquiry. 1½ pp. |
|
583. xxxvi. Deposition of Dorothy Chamberlain. Deponent and
her sister having several suits pending, involving many
thousands of pounds (see No. xxi.) and hearing that
H.E. did generally take presents from persons haveing
causes depending before him, they presented Dame
Oriana, wife of Mitford Crowe, with his privity, 4
negro men slaves, value £128, and one fine silver
brocade suit of cloths, a fine head-dress and rich ruffles
and fan, of the value of £150, etc., all which the said
Oriana received. 1¼ pp. |
|
583. xxxvii. Deposition of John Nusum. Deponent lived with
Governor Crowe as manager of his Chapel Plantation.
In June 1708, on the Governor's behalf he received
five bulls and an ox from Mr. Robert Gibbes. Signed,
Jo. Nusum. 1 p. |
|
583. xxxviii. Deposition of George Tyrwhitt. Robert Gibbes,
being in custody for debt, ordered him to take six
cattle to the Governor as a present, which he did. A
month later he took him 30 negroes loads of yam seed.
H.E. told him to deliver them to his Agent, Patrick
Thompson. Signed, Geo. Tyrwhitt. 2 pp. |
|
583. xxxix. Deposition of Robert Gibbes. Having a consider
able cause depending, he made presents to H.E. (as
xxxvii., xxxviii.), who gave him encouragement to rely
upon his favour in the determination of the said cause.
Signed, Robt. Gibbes. 1 p. |
|
583. xl. Deposition of Tho. Beckles that on May 21, 1709,
Robert Gibbes refused to renew preceding deposition,
unless summoned to it, for fear Governor Crowe might
do him a prejudice in his cause still depending. Signed,
Tho. Beckles. 1 p. |
|
583. xli. Deposition of Charles Buckworth. Mary Mill, wife
of Capt. William Mill, a prisoner of warr at Martinique,
lived and died without paying rent in part of deponent's
house. On her death, deponent took an inventory of
her goods on his own account and for his own justification. Susannah Scott, her mother, obtained administration of William Mill's estate when he died, and
upon her petition Governor Crowe ordered deponent
(Sept. 15, 1707) to deliver up his inventory. With this
order he was never legally served, and it was illegal,
even if he had been. Oct. 13, H.E. committed him
to prison for refuseing to deliver up this, his own
property. Bail was at first refused. When he appeared
before the Court, a nolle prosequi was entered contrary
to his desire. Signed, Cha. Buckworth. 1½ pp. |
|
583. xlii. Deposition of William Small. Acting as gaoler in
May 1707, he permitted John Markand, a prisoner, to
go into the town in order to procure some subsistance
and clean cloaths. Governor Crowe did thereupon commit deponent for contempt, and, whilst he was in
prison and moved for a habeas corpus, gave his place
as Marshall to the troop of guards and the regiment to
one Mr. Gibson, who came hither with and was dependent on H.E. H.E. was angry at his moving for a
habeas corpus, etc. Signed, W. Small. 1¼ pp. |
|
583. xliii. Governor Crowe's warrant for committing Small
as in preceding. May 21, 1707. ¾ p. |
|
583. xliv. Deposition of Paul Manier, wig-maker. On Aug.
2, 1707, deponent having credited several sailors and
fearing they would leave without paying, petitioned
H.E. through Patrick Mein for relief. H.E. in great
heat thereupon committed deponent to the custody of
the guard, and refused to hear him. Signed, Paul
Manier. ¾ p. |
|
583. xlv. Deposition of Hugh Hall that Thomas Godfrey, in
reply to his question, confirmed that the Governor had
made him swear not to co-habit with Mrs. Ann Deacon.
Signed, H. Hall. ½ p. |
|
583. xlvi. Deposition of Norman Mackaskell, Depty. Clerk
of the Crown. On Dec. 24, 1708, H.E. sent for him
and required him to take this oath, vizt. that, "you
shall true answer make to all such questions as shall
be demanded of you relateing to the proceedings of
the late Court of Grand Sessions." Deponent refused
until he had copyes of the queries, which were produced
but never read to him. He was the same night committed to the custody of the Provost Marshall, where
he remained until he and his sureties had entered into
a recognizance of £1000 for his enlargement. On Jan.
8, 1708, after the Councill was adjourned, the Governor
tendered to deponent copies of two or three papers, all
of the same tenor, the first draught whereof had been
drawn up by Mr. Hodges, which were affixt to the copys
of the Records of the Grand Sessions then prepareing
to be transmitted under the Seale for England, to
which papers the Governour (att the request of Hodges)
demanded if deponent would swear. Deponent refused,
and prayed to have the reasons of his refusall then
taken and entered, which was denyed him, the Governor
growing angry and threatening him. Deponent desired
John Robinson and Patrick Davidson, then present, to
take notice of all that had then past. Signed, Norman
Mackaskell. 1½ pp. |
|
583. xlvii. Deposition of Giles Cooke, Clerk to N. Mackaskell.
Corroborates preceding. 1½ p. |
|
583. xlviii. Protest by Alexander Skene, Public Notary, on
behalf of Benjamin Ballard, Raynes Bate, and Thomas
Stewart, Agents for the Royal African Company, against
Samuel Cox and John Hinton, who placed two men on
board the Sherbrowe frigat, and by order of H.E.
refused to allow the negroes, elephants' teeth etc. on
board her to come on shore. Nov. 21, 1707. Signed,
A. Skene. 1½ pp. |
|
583. xlix. Minutes of Council of Barbados, Nov. 21, 1704.
1½ pp. |
|
583. l. Journal of Assembly of Barbados, Nov. 3, 1707—Jan. 8, 1708. 6 pp. |
|
583. li. List of days on which the Assembly met and adjourned, Oct. 1707—Jan. 16, 1708. 1½ pp. |
|
583. lii. Deposition of Daniel Hooper. On Dec. 28, 1707,
deponent with his brother Robert Lettice Hooper asked
H.E. how he intended to dispose of ye Regiment then
under command of deponent by the death of Col. Lyte
and the resignation of Lt. Coll. Whetstone. H.E. said
he had given it to Mr. Maxwell and desired deponent to
serve under him as Lt. Coll. and his brother as Major.
Deponent refused, Mr. Maxwell having been publickly
his enemy and never in a higher post then Major, till
H.E. had made him a Brigadeer. The officers of the
Regiment thereupon threw up their commissions. H.E.
then proposed that if deponent and his brother would
turn Mr. Maxwell out of the Assembly, he would give
the regiment to deponent. They refused commissions
on any such terms. Signed, Dan. Hooper. 1¼ pp. |
|
583. liii. Deposition of Robert Lettice Hooper. Corroborates
preceding. Signed, R.L. Hooper. 1 p. |
|
583. liv. List of 5 Colonels, 9 Lieut. Cols. and 5 Majors in
Barbados. 1 p. |
|
583. lv. Christopher Codrington to [?]. Barbados, June 1, 1709.
I informed H.E. that Mr. Maxwell was promoted contrary to all ye rules of military discipline, but has
ever since been very jealous to deserve the honour that
was done him, etc. Signed, Chr. Codrington. 1 p. |
|
583. lvi. Rebecca Hay, widow of George Hay, to Governor
Crowe. Executions were levied on her behalf on William
Sealey's cattle. He petitioned Judge Richd. Downes
that the levy might be removed under colour of a
mortgage of the cattle which he pretended he had
executed to Timothy Roberts and Thomas Bullen, planters. The petition was dismissed, but next day Richard
Downes examined two evidences, without any new petition preferred or notice given to petitioner to crossexamine, and ordered petitioner's levy to be removed. |
|
Order by Governor Crowe that Richard Downes rehear above case within ten days and proceed therein
according to law. Sept. 27, 1708. Signed, M. Crowe.
The whole, 2¼ pp. |
|
583. lvii. Richard Downes' judgment etc., Sept. 14, 1708,
referred to in preceding. 2½ pp. |
|
583. lviii. John Bentley and Elizabeth his wife to Governor
Crowe. Petitioners have actions for considerable sums
of money depending in the Court of Common Pleas for
St. Michael's, against Richard Downes, Chief Judge
of the Court. William Roberts, one of the Assistants
of the Court refuses to act as such, whereby petitioners'
causes are delayed. Pray H.E. to appoint another
assistant. |
|
Order by Governor Crowe referring above petition to
Richard Downes for his opinion. Feb. 25, 1708/9. 1½ pp. |
|
583. lix. William Sharpe to Governor Crowe. May 17, 1709.
I understand from Brittain that base unworthy persons
have had the confidence to accuse me of being a forger
of bonds. Repudiates the suggestion and appeals to
H.E. and Council to declare whether they ever had so
much as suspected of it, etc. Signed, Wm. Sharpe.
Endorsed, Recd. July 30, 1709. Copy. 1½ pp. |
|
583. lx. Christopher Codrington to Governor Crowe. I have
been earnestly requested by many worthy Gentlemen
to deliver your Excellency this paper, my hand and
my heart goe along with it. We aim at nothing more
than that the dignity of Government may be preserved,
and H.M. sacred authority supported against all attempts whatsoever. Your Excellency cannot but remember what the Queen's answer was to an Address of
Peeres concerning the Lord Almoner, and shall an
Assembly of Barbados planters pretend to tell H.M.
whom she shall or shall not employ in her service. Tis
well known, sir, I have no unkindness for some of the
Gentlemen who have unadvisedly consented to so bad
an Address. But when they so far forget themselves
as to become undutyfull to H.M., I think myselfe oblig'd
in honour and prudence to express my just resentments,
with other good subjects, that wee may not all be involved in their guilt, nor share in the ill consequences
of their folly. Endorsed, Recd. Aug. 9, 1709. Copy.
1 p. |
|
583. lxi. Address of the inhabitants of Barbados to Governor
Crowe. Protest against Address of Assembly, which
urged him not to admit the 3 Councillors as ordered by
H.M. Signed, Chr. Codrington and 590 others. Copy.
2 large pp. The whole endorsed, Recd. July 30, Read
Aug. 10, 12, 15, 1709. [C.O. 28, 12. Nos. 32, 32.i.–lxi.; and (without enclosures) 29, 11. pp. 486–488.] |
June 20.
Whitehall. |
584. Council of Trade and Plantations to the Earl of Sunderland. Enclose copy of Major Loyd's letter, Feb. 4/15;, 1709.
[C.O. 195, 5. p. 111.] |
| June 20. |
585. Further proposal from the Marquis of Kent for settling
the German Protestant Refugees (cf. June 11). Endorsed, Recd.
20th, Read June 21, 1709. 3 pp. [C.O. 388, 76. No. 67.] |
June 20.
Barbados. |
586. Governor Crowe to the Council of Trade and Plantations. Refers to duplicate of May 18. There has nothing since
occurr'd new, but what relates to the men of warr, which the
Council and Genl. Assembly has sent home to their Agents to
lay before ye Queen and your Lordps. The Frankland packet
arrived two dayes agoe, but honours me with none of your
Lordships' commands. Signed, M. Crowe. Endorsed, Recd.
July 30, Read Aug. 2, 1709. 1 p. [C.O. 28, 12. No. 31; and
(duplicate) No. 51; and 29, 11. p. 485; and 29, 12. p. 56.] |
June 20.
Antigua. |
587. Governor Parke to the Council of Trade and Plantations.
Refers to following. By Capt. Scot I shall send yr. Ldpps. my
own answer, wch. will be a perfect history of my administration.
I hope it will be sattisfactory, and if it be defective, please
to let me know in what, etc. Signed, Daniel Parke. Endorsed,
Recd 1st, Read 5th Aug. 1709. 2 pp. [C.O. 152, 8. No. 30;
and 153, 10. p. 367.] |
June 20.
Antigua. |
588. Council of Antigua to the Council of Trade and Plantations. Commend Col. Yeamans, Lt. Governor of Antigua,
against whom, as against Col. Parke, articles of complaint are
being secretly prepared, for what cause we cann no ways imagine,
etc. Signed, Jno. Hamilton, Will. Codrington, Thomas Morris,
Geo. Gamble, Richard Oliver, William Byam. Endorsed, Recd.
Sept. 20, Read Nov. 17, 1709. Addressed. 2 pp. [C.O. 152,
8. Nos. 31, 31. i.; and 153, 10. pp. 368, 369.] |
June 20.
Antigua. |
589. Lt. Governor and Council of Antigua to the Council of
Trade and Plantations. Enclose following. Signed, John Yeamans, Jno. Hamilton, Will. Codrington, Thomas Morris, Geo,
Gamble, Richard Oliver. Endorsed, Recd. 1st, Read 5th Aug.,
1709. 2 pp. Enclosed, |
|
589. i. Answer of the Lt. Governor and Council of Antigua
to the 22 Articles of complaint exhibited against Governor Parke. (1). We never heard him say any such
thing. (2). We approved of the General's treatment of Mr. Chester. Col. Gamble informes us that
he was one of the Justices that took baile of Mr.
Chester. The General never threatened him, but angrily told him he wondered he should take bail for a
man committed by himself and Council for murder,
but more especially considering he refused acting in
other matters as a J.P. The General informed us that
he turned out the Marshall for suffering Mr. Chester to
go at large without any officer with him, before he had
given bail, etc. (3). We never knew the General demanded by what right any man held his estate, except
Col. Codrington, who refused to answer in the case of
Barbuda. By the advice of the Council he proceeded
no farther in it. (4–7). Refer to Minutes of Council.
(8). Notoriously false; for at the election of the, Assembly before this, there was hardly any disputes, and
the Generall was at St. Xtophers for severall weekes
before and after the last Assembly was called; wee writt
him whilst he was there to desire him to call an Assembly,
and there he sign'd the writts etc. The first dispute
about the negative voice was occasion'd by the Generall's
being off the Island, they ordering their Speaker not
to sign what laws were ready to be sent down to the
General to pass, it being their opinion that a law is
not in force untill it be signed both by the chief Governor and Speaker, so that if the Genll. had passed
all the lawes sent him, if, when return'd, the Speaker
refus'd to signe them, they were to be noe lawes,
which was plainly giving the last sanction to, the Speaker,
which no Assembly before thought of, and unless the
General would consent to their Speaker should give
the last sanction, they would neither quarter the soldiers,
nor raise a tax to pay of the publick creditt, though
the Generall generously desir'd them to lett alone what
was due to him for house—rent, which was then £1000.
(9). Defects in the Militia are chiefly occasion'd by
want of a proper law to enforce officers and soldiers
to doe their duty, which both the Generall and ourselves have recommended to noe purpose. As to the
fortifications, he has always been desirous of carrying
them on, and particularly that of Monk's Hill, because
it was the inclination of the people, tho' himself had
no great opinion of it; the discontinueance of the
workes there being occasion'd for want of the Assembly's consent to a Law, without which they cannot be
carry'd on. The removing of the gunns from the severall plattformes was left to the Generall's direction
by the Assembly, and the Treasurer was order'd to pay
the expence; the disposition the Genll. proposed to make
in case the enemy attacked us, was contrary to the
opinion of the Councill and the Militia Officers, and to
our former Generall, Col. Codrington; but his opinion
was not made into an order further than that he order'd
all the Militia and Queen's troopes to meete in one body
at St. Johns, which order, at the request of the Councill,
the Generall afterwards revealed [sic]. (10). We have
heard the Governor as Chancelor say that as he found
(directing to the lawyers) the equity of the cause, notwithstanding their presidents and what they asserted
for law, he would accordingly judge. As to his decrees, wee never heard of his making any, except in
the case of Judge Wattkins, as executor to one Waller,
to which he called the Council to his assistance, which
decree wee are satisfied was reasonable, equitable and
just. As to the generall injunctions mentioned frequently to be granted, wee know not but of one, and
that in the case of Lt. Coll. Morriss and Capt. Wattkins,
which being occasion'd by a mistake in the Clerke in
the Secretary's Office, when it was issued, as soone as
the Governor was appris'd of it, he declared he was
wholly ignorant of it, and expressed his abhorrence
thereto by owning such a proceeding would be very
unjust, and did accordingly recall the same. Wee know
of no injunction issued without bill first filed, nor has
any been otherwise granted, tho' there is on the Chancery books such an order, but it was never putt in
execution, nor does the General or either of us remember
the Clerke had any direction for entering such an order,
and believes it a mistake in the Clerke. As to bringing in bonds for ⅓rd or ½ the vallue, wee know not
what is meant by it, nor do wee understand that any
injunctions have been granted to avoid the penalty of
the bond, that ever came to hearing, if there were any
such, the parties made it up between themselves. The
Generall was very far from being arbitrary, for he
alwayes tooke the advice of those of the Council that satt
with him, and when the cause seemed intricate, he referred it home for the opinion of two Chancery men
there, as in the case of Col. Morriss. (11). Wee know
not of his threatning to turne out any Judge or J.P.,
nor did he turne out Judge Wattkins, neither doe wee
believe he would displace any officer for not being
aplicable to ill purposes. As to the Mandamus mentioned, wee thinke it very just. v. Minutes of Council.
(12). We believe the Governor is well justified. (13).
Wee know of no seizures made by order of the Governor
nor any Judge of the Admiralty appointed by him,
save the present Judge Herbert Pember, Attorney General of the Leeward Islands, a person bred to the law,
and of good life and conversation. He has encouraged all fair traders, and has never taken any advantage
of the master when he had lost his register as his
predecessors did. Wee never heard of any vessells
seized in this Island, but a small sloope of Major
Blizards; after she was condemned, he gave his part
because he believed there was no designe of fraude:
wee have heard of a small sloope he order'd to be seiz'd
at St. Christopher's that came from Currasow, belonging to Mr. Chester, and another of his for carrying sugar
without paying the 4½ p.c. or qualified. (14). The
General is justified, being adressed to by the Assembly
and Councill for so doing, and his revealing [sic] that
order was after the hurricane there being a great quantity of powder lost. The very men that adressed him
have signed this article, and made it a crime. (15).
Wee have understood the fees mentioned to be so inconsiderable that the Governor has scarce thought them
worth collecting. They were settled by the Councill and
Assembly of St. Kitts at his first coming, and neither
the Councill or Assembly of this Island ever acquainted
him they thought them an agrievance, even when he
offered to redress any grievance. (16). Refer to deposition of Capt. Roach, a merchant of a very fair character. (17). Wee know of few or no J.P.'s made, but
what were formerly soe, except one Thomas Gateward,
which was recommended to the Governor as a person
knowing the law and living in St. John's; others refusing to act, he was put into the Commission; nor do
wee believe (as wee take him to be a person chiefely
they hinted at) to be of soe despicable a character as
set forth in this Article. Wee are of opinion that when
he was by us recommended to the Generall, he was
a perfect stranger to him, it being at his first coming;
he was also recommended to the Generall to be Master
in Chancery, there being nobody fitter for it, that
would accept of it. (18). Wee know that John Hain
had the command of one of the Generall's sloops, and
it is not deny'd, but it has been reported, that he killed
some Spaniards in cold blood, but it was the beginning
of this warr, when wee were in hostility with them, and
tho' the action was no way commendable, yet wee
see not what occasion there was for a pardon, nor
do wee thinke he ever apply'd for, or any ever was
given him; he lives with his family at St. Kitts, and
may be taken up at any time; and wee are confident
the Generall will not protect him from Justice. (19).
The Governor has often expressed himself with a pecu
culiar regard for this Island, etc. Refer to depositions.
(20). Wee are wholly strangers to any such expressions
proceeding from the Generall, nor ever heard of such reports. The Governor announced he was ready to receive
grievances etc. and help to forward them to England.
(21). Wee have not heard of any Commissions refused
since the Act, nor have wee knowne of any tenths or
other summs exacted for his Commissions, but it has
alwayes been the custome of privateers to pay the
tenths to the Lord High Admirall; and that he has had
1/10 and more out of what has been taken by his owne
privateeres; and that according to agreement with the
commanders that went in them, which wee thinke lawfull and reasonable for the owner. The Generall's
privateeres were of great service to the Islands. As
soone as the Act of Parliament for encouraging of
privateeres came out, he disposed of all his. (22).
Refer to depositions. 8½ pp. |
|
589. ii. Reply of the Lt. Governor and Council of Antigua to
the merchants' petition to the Queen. Several of the
21 subscribers are strangers to us, and have little
or noe effects in this Island. The best part of the
inhabitants thinke the Generall has acted with zeale
for H.M. service and good of this Government. And
whereas this petition mentions new Articles of insulting their persons, and by neglect of the guards the
enemy's dayly insulting the Island, and their negroes
being in danger, wee never heard the Generall insulted any of them, but on the contrary they have
insulted him, both when they committed the riot at
Mr. Chester's, and alsoe Barry Tankard in the street.
And whereas they say they could have better proofes
but that people were affraid of the Generall, little
agrees with their actions here, for not only Mr. Nivine's chamber was an office for severall months for
everyone to come and give an account of what they
knew, or had heard of the Generall, but there were
severall feasts made all over the Island, and all sorts
of people treated and openly encouraged under the
Generall's very nose to come in against him, and they
gave out they were soe sure he would be removed, that
those that had a just abhorence of their proceedings
were unwilling to shew their resectment openly because
they would not draw upon themselves the spite and
malice of those men. As to their letters being intercepted, there was not for above 5 months any packett,
and we think it a very scurrillous reflection, without
any just cause, for the some. There has been few or
no negroes taken of by the money since the Generall
came, though before his time we lost above 100. Those
merchants have little return to be afraied of their effects, if they had any here, for are man has ever
encouraged the fair trader more than Generall Parke,
though he is a scourge to the smuggler. We are not
a little pleased to find that the merchants that have
the greatest effects on this Island, have not signed this
petition, etc. Signed, John Yeamans, Jno. Hamilton,
Will. Codrington, Thomas Morris, Geo. Gamble, Richard
Oliver. Endorsed, Recd. Aug. 1, 1709. 3 pp. |
|
589. iii. Deposition of George Gamble. Antigua, June 14,
1709. Capt. Giles Wattkins said to him that they had
raised a considerable sum of money and Nivine would
see to it that Governor Parke was condemned, etc.
Signed, Geo. Gamble. 1 p. |
|
589. iv. Deposition of Elizabeth, wife of John Wright, merchant. Antigua, June 18, 1709. I informed the Generall that Mr. Sawyer of Virginia was killed by Mr.
Chester, who bid me summon the Coroner. Next
morning I being informed by the Constable that they
did not like the jury he had summoned, and the next
day he had gott another jury, and being told by others
that Mr. Chester had sent for Mr. Glanvill to be of
the jury, I concluded there was some unjust designe
on foot, and told the Generall. He went to the
crowd where the body was. He did not threaten anybody, but told the Marshal a man committed for murder ought not to walke the streets. He ordered Mr.
Sawyer's wound to be exposed to everybody's view, and
went away, having first ordered the Coroner to ask
the witnesses some questions. Witness believes the
wound Mr. Chester gave Mr. Sawyer caused his death,
etc. Signed, Eliza. Wright (mark). 1½ pp. |
|
589. v. The interrogatories of Samuel Wickham, Coroner, taken
before the Lt. Governor and Council, June 18, 1709.
Corroborates preceding. Signed, Sam. Wickham. 2½ pp. |
|
589. vi. Col. Lilly to Governor Parke. I find [Antigua]
open to the attempt of an enemy when and allmost
wherever he shall please to attack. There is no such
thing in the whole country as deserves the name of
a fort, for that which is built upon Munck's Hill is
not so, since an enemy may upon his first landing
(without having occasion to bring any canon against
it) easaly make himselfe master of it with sword in
hand, nor can this place in my opinion be well fortifyed without a very great deal of unnecessary expence.
Gives reasons. Proposes that some other place should
be pitcht upon, etc. Signed, Cr. Lilly. Copy. 1 p. |
|
589. vii. Deposition of Thomas Morris. Giles Watkins sued
deponent in an action of ejectment. Deponent obtained an injunction to stay proceedings, signed by
H.E. But when deponent found that the form of injunction granted was a general one, he informed Watkins
that he would take noe advantage of it in any other
cause, etc. Signed, Thomas Morris. 1¾ pp. |
|
589. viii. Order of Court of Common pleas for the precincts
of Falmouth, July 18, 1708, in the case of William
Grear v. Henry Fletcher. In the absence of defendant
and his counsel, Mr. Nivine, ordered that the 4 negroes
in dispute be delivered to plaintiff, he giving security
to prosecute at the next Court held, etc. Writ of attachment issued against defendant. etc. Signed, Thos.
Kerby, Cler. Cur. 1½ pp. |
|
589. ix. Deposition of John Brett, Naval Officer, Antigua. In
May, 1707, Governor Parke showed to him an account
settled between him and Edward Chester, senr., wherein
Chester had given credit for two sums of £250 each,
which deponent apprehending to be paid in specie, acquainted the Governor that he had injured himself in
suffering the said two sums to go towards the discharge
of the accompt which was £800 for 20 negro women
bought to be paid in the country produce, their being
at that time near 50 p.c. difference between country
produce and specie in money. Whereupon the Governor
said that the next time he adjusted accompts with
Chester, he would do himself right by stopping so much
as the difference amounted to. Deponent has since
heard that the Governor did stop in his hands £150
of Chester's money on that score. Signed, John Brett.
1½ pp. |
|
589. x. Deposition of Jos. French, Treasurer of Antigua.
Governor Parke told deponent July, 1708, that he had
informed some of the signatories to the Articles of
complaint, that if they had any grievances they should
set them forth and he would redress those that were
really so. The Governor told deponent two of the
articles were utterly false etc. as preceding. Signed,
Jos. French. 1½ pp. |
|
589. xi. Governor Parke's warrant to Custom House Officers
to make diligent search in St. Johns and in the vessels
in St. John's Harbour for prohibited goods, etc. Dec.
3, 1707. Signed, Daniel Parke. 1 p. |
|
589. xii. Deposition of Richard Buckeridge, Collector, and
John Brett, Naval Officer. Pursuant to preceding warrant, they made diligent search, especially for a parcell
of brandy, which was noised abroad to be landed and
belonging to Mr. Edward Chester, senr., but no brandy
or prohibited goods were found. The Governor on
this and other occasions caused deponents to be very
exact in the discharge of their offices. Signed, Richd.
Buckeridge, John Brett. 1½ pp. |
|
589. xiii. Deposition of Thomas Kerby. Deponent drew the
abovementioned warrants, etc. Signed, Tho. Kerby.
1¼ pp. |
|
589. xiv. Deposition of John Barbollain. Deponent having
been acquainted of the seizure of some butter and
tobacco upon a supposition that it was intended to be
carryed to Martinico in a French Flag of Truce, Aug.,
1707, he never petitioned the Governor for it. Signed,
John Barbollain. Copy. 1 p. |
|
589. xv. Deposition of Richard Buckeridge, collector. Governor Parke instructed him to be very carefull in the
exact discharge of his office. Deponent caused many
seizures to be made accordingly. He does not remember any seizure made but not brought to tryal the last
18 months, but one small sloop alledged to have been
belonging to Col. Wm. Thomas of this Island, which
sloop because the Queen's Councillor was att a loss
how readily to draw a libell suitable to the transgression,
and Thomas refused to take her into his care til could
be brought to a tryal, she perished in the harbour, and
nothing since was done therein, she being scarce of
any value. Signed, Richard Buckeridge. ¾ p. |
|
589. xvi. Deposition of John Brett, Dep. Collector. Governor Parke frequently ordered him strictly to search
all flaggs of truce, and hinder them from carrying any
provisions or prohibited goods. Some butter and tobacco of very little worth was accordingly seized, said
to belong to one Barbottaine (see xiv.), who said,
Let them answer, that shipp'd it. No claim was made
relating to this seizure. During his time of office no
seizure except this was made and not brought to a
tryall. Signed, John Brett. |
|
589. xvii. Governor Parke's Warrant to Samuel Watkins, Receiver of the powder in Antigua. St. Kitts, May 20,
1708. You are to receive of all masters of ships the
powder in kind, there being great want of powder.
This you are to do notwithstanding a former order for
excuseing the inhabitants of Antigua, the law not excuseing any one, that order being granted at the request
of the Assembly of Antigua, when there was plenty etc.
Signed, Daniel Parke. Copy. 1 p. |
|
589. xviii. Deposition of Thomas Kerby, Register of the Ordinary's Office. H.E.'s fees in this office have amounted
but to 113 pistoles, 24s., accounting 28 shillings for
each pistole. H.E. has remitted fees of administration,
guardianship and probates of wills to the poor and
orphans, etc. Signed, Thos. Kerby. Copy. ¾ p. |
|
589. xix. Deposition of John Roach. Oct. 1707, Edward Chester senr. offerred Governor Parke some damnified flour
for his negroes, saying it was not worth anything. He
never mentioned one word of any register, etc. ¾ p. |
|
589. xx. Deposition of Francis Rogers. Dining at deponent's
house, Governor Parke being moved in passion said
that, were it not for some friends in Antegua, he
did not care who the devill had the Island, or who ye
devill had the Government, but deponent does not remember he should say he would send the Island to the
Devill, but on the contrary has oftentimes heard him
express himself with peculiar regard for its prosperity,
as witness, his precautions for its defence. etc. Signed,
Francis Rogers. |
|
589. xxi. Deposition of the honble. George Gamble. Corroborates preceding. Signed, Geo. Gamble. 1 p. |
|
589. xxii. Deposition of Joseph French, Treasurer of Antigua.
Governor Parke has brought guns and troops from the
other Leeward Islands for the defence of Antigua,
etc. Corroborates preceding. Signed, Jos. French.
1 p. |
|
589. xxiii. Deposition of John Roach. Governor Parke granted
him a Commission for a privateer without making any
bargain with him. As he let him have some guns, it
was agreed to let him have the tenths formerly paid to
Governors. Since the Act of Parliament, he has never
taken anything for prizes. Edward Perrie, Commissioner of Customs, tried to induce deponent to swear
falsely that he had taken the tenths since the Act.
Signed, Jno. Roach. 1 p. |
|
589. xxiv. Deposition of Capt. Thomas Newell. Governor
Parke has often ordered him to go the rounds in the
night at St. Johns, and several times accompanied him,
by which means the Towne has been kept in very good
order. He never saw him eves dropp at any house,
etc. Signed, Tho. Newell. Copy. 1 p. |
|
589. xxv. Deposition of John Bishop. Corroborates preceding.
Signed, John Bishop (Mark). Copy. 1 p. |
|
589. xxvi. Deposition of Robert Jones. Corroborates preceding. Signed, Robert Jones (Mark). Copy. ¾ p. |
|
589. xxvii. Deposition of John Brett. Appointed by Mr. Dum
mer to receive and open the mails, deposes that the
Governor never received or asked for any letters but
those directed to himself. No letter has been intercepted that he knows of. Signed, John Brett. 1 p.
[C.O. 152, 8. Nos. 32, 32. i.–xxvii.; and (without enclosures) 153, 10. pp. 372, 373.] |
June 20.
Antigua. |
590. Governor Parke to the Council of Trade and Plantations. Refers to preceding. The affidavits were publickly taken.
I have more to take, some who are off the Island, etc. I
shall send the duplicates of the Minutes of Councill which I
sent by Capt. Buor, and a coppy of all the proceedings of
Chancery and the Councill of Officers. I durst not venture them
by a single shipp for fear to loose them, considering with
what difficulty I gett them. My predecessour Coll. Codrington
did not care to send home his Minutes of Councill, and the
Secretary being his friend and my enemy won't lett me have
them to send home, knowing very well it is for my intrest
to have your Lordshipps truly informed, and the Councill and
myselfe both have reason to believe all along he has told them
everything that has passed in Councill; that were noe great
matter, but we believe he has misentered some things, and
some others he has not entered at all, and though he lays it
upon his Clerke, the writeing the generall injunction we all
believe it was designed by him to give a collour for the Article, knowing I never read the injunctions, when I see his
hand to them that they are passed the office, I signe them. Wee
find in the Minutes of the Chancery that he has entered a short
order that injunctions may issue though no bill filed, though
both myselfe, Lt. Governour and Councill upon our oaths will
declare he never had any such directions for soe doeing; but
it being my constant custome to enquire if a bill was filed
before I granted an injunction, his designe in that was defeated, for there never was any injunction granted till the bill
was filed, as apears by the Minutes in Chancery, notwithstanding
that order, soe that for the future I must be forced to see
myselfe all the entrys. This is a hard case that I must have a
Secretary put upon me, that shall use me after this manner.
If Sir Charles Hedges does not send over a good Secretary,
the Councill and myselfe shall be obliged to complaine in forme
to your Lordshipps and desire redress. I hear now they are
forgeing Articles of Complaint against their Lt. Governour,
they have indeavoured by all the ways and means possible to
draw him over to their side, he has often told them if they
would prove any one Article against me, he would joyne in the
complaint. This Gentleman is a man of good famally, and
has been their Lt. Governour for many years, and in three years
that I have been here he has never missed one Councill; he
has one of the very best estates in the Island, and has none
anywhere else, and has a numerous ffamally of children and
grandchildren all settled here; therefore it would be strange
he should not be in the true intrest of the Island, there was
a great deale of paines taken to make a difference between
Sir William Mathewes and this Gentleman, and Sir William writt
home that he being no soldier (for he could lay nothing to his
charge) desired he might be removed; but Sir William saw his
error before he died, and owned that he had been abused.
This Gentleman is as much a soldier as any of the other Lieut.
Governours, for all the soldiershipp any of them can pretend to,
is what they have seen here, and he has done the same, being
a man bred to the Law, he never affected the title of Coll.,
but he understands as much of it as any of them doe and better
as having more sence. Whatever articles they may draw up
against him, when they come to be examined into your Lordshipps will find he will clear himselfe with honour, and they
will all be found both false and malitious. I dare say in this
case he desires noe more then common justice, which is all
I desire myselfe; the reason the other three Councillors have
not signed the answer etc., they were not able to come. Major
Lyons has been lay'd up near this 18 months, and the Byams
were sicke. Signed, Daniel Parke. Endorsed, Recd. Sept. 10,
Read Nov. 17, 1709. 4 pp. Enclosed, |
|
590. i. Copy of Proceedings of the Court of Chancery, Antigua, Sept. 12, 1707—Sept. 23, 1708. Endorsed, Recd.
Sept. 10, 1709. 10 pp. |
|
590. ii. Copy of proceedings of the Council of Officers, Antigua, July, 1706—March, 1709. Same endorsement. 14
pp. [C.O. 152, 8. Nos. 42, 42. i. ii.; and (without
enclosures) 153, 10. pp. 421–425.] |
