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Aug. 16.
Antigua. |
344. Governor Parke to the Council of Trade and Plantations.
According to H.M. directions transmitted me from my Lord
Sunderland by one Nivine, the Complainants against me have
made a scrutiny into my life and conversation, as well as into
my administration of this Government. By a modern Court of
Inquisition wch. cannot but appear very severe to me, by debarring me from the benefit of the laws, which every Englishman but
myselfe claimes and enjoys, by incourageing others to vilifie
me, whilst I am forbid bringing my action against them with
a sort of a non obstante to all the laws, and which is as highly
prejudiciall to H.M. service, by exposing her authority in the
person of Her Chief Governour to great contempt, while his name
is posted like an outlaw in the common market, where everyone
is invited to abuse him to his face, and where such scandalous
rediculous lyes are publickly told as no one private person cou'd
bear with: which in a country of so much licentiousness as
this, where the laws with so much difficulty are put in execution,
and where the Magistrate will always be hated who therein does
his duty, must be of very ill consequence: for the fear of so severe
a tryall or inquisition of the most trivial words and actions
may make some Governours preferr enjoying their Government
in peace and quiet, and letting every man do what they please,
rather than by exerting the laws, administring and maintaining
Justice and supporting the Queen's Prerogative, make his life
be raked into in so contemptible a manner by a sett of people
who neither stick at perjury or murther to procure anything they
are sett on. So plainly does this modern Court make it ye interest
of the Chief Governour to be remiss in his duty and rather
consult pleasing the people than what may be for H.M. service,
and the honour and interest of the British Nation. I do not,
my Lord, pretend to be infallible, and there are very few who do
not sometimes say or do what might be better lett alone, but I
have had such guard on my behaviour since I have found who I
had to do with, that the impartial world will wonder that a people
who will betray common conversation, and who plead a power to
force my most intimate friends to do the same, have been able to
make out so very little against me. And I shall have the happinesse by these Articles to show H.M. what labour I have undergone
to maintaine Her dignity and Her laws, and that I have preferr'd
Her honour and service to my own quiett and advantage, and
that I wou'd be neither bribed nor frighted from it: of which
my assassination and my refusing the present they wou'd have
made me to have quitted H.M. negative voice are ample prooffs.
But I need not trouble your Lordship by defending myselfe
against this Article made great with the specious name of
priviledge of the Assembly, the Lords of Trade having resolved
it was my duty to preserve the Queen's negative voice against
all the attempts of an undutyful people, as their Lordships express
it. But before I can consider their Articles and set them in their
true light, I am obliged to observe to you how strangely they used
the power they imagined the Queen's Order had given them,
and how they laid it down as a principle on which all their
management turned, to reduce me to the necessity either of
staying here behind the Fleet, and to seem thereby to faile in
my regard to H.M. Order, or to appear before Her covered with
crimes they had just started, and which they allow'd me not an
hour to cleare myselfe from. But 'tis my Lord my happinesse
that my conduct is to be examined by a Board not to be imposed
upon by such insinuations, and who have already show'd my
enemies they determine nothing ex parte. And tho' I am fully
satisfyed that they will deafen your Lordshipp with clamours
of my disobedience and eluding the Queen's Orders, I will
willingly put it on the issue, that if they can in any wise make
that out, I be esteemed as guilty and condemn'd accordingly,
provided they will give H.M. no further trouble if I make it
plain to a demonstration, that from their first arrival with the
Queen's Order they have laid all their designs to make my return
with this Fleet impracticable, by loading me the very day the
Fleet sailed with such fresh accusations, that I ought forever
to be excluded from H.M. favour, if they were true, and which they
wou'd have alledged ought to be took pro confessu, if I had come
over without attempting to answer. Nothing my Lord can be
plainer than that my adversarys well knew that the men of
warr were to attend the Fleet but 60 days in these Islands.
And as they were mightily pleas'd with ye Queen's Order about
my return, they also knew the limitation of it, that in each Island
in my Government, notices were to be fixed on the publick Court
Houses for any person whatsoever to make deposition against
me, and H.M. according to Her usual Justice in the said Order
expressly allows me a liberty to cross examine all such persons,
and to take such depositions as might be necessary for my defence,
and then interchangeably to fix the Broad Seal to both, after
which the Order was express, I should return with the first man
of warr. Therefore those 60 days ought to have been divided
by my adversaries that I might had time to make my defence
against whatsoever they wou'd charge me with in each of these
Islands, and tho' this by way of distinction may well claim the
title of the Clamorous Isle, yet the three days expressly ordered
by H.M. for a publication and for notice on each side, takes
up an entire week, altho' they should finish their complaints
and I my defence in one sitting. Thus your Lordshipps see
that the three Islands as necessarily took up a month among them,
allowing a week for sailing from one to the other, as the sun takes
up 24 hours for his diurnal course. And it naturally follows that
my enemies ought so to have regulated their complaints here
that I might have answered them within the first month, that
I might have proceeded in the next to the other Islands. Your
Lordshipps will also certainly agree with me that as my enemies
should have endeavoured to have dispatched what related to this
Island in a month, they ought to have finished their complaints
in halfe that time, that I might have had the rest to answer in,
forasmuch as 'tis easier to bring in depositions to a charge already
form'd from them, than to find such prooffs as are requisite to
invalidate such a charge. And altho' three days notice was
directed to be given before every hearing, they might (de die in
diem) have put up fresh notices, and have had more sittings and
took more depositions than they have yet got against me, altho'
they would not have bated their stories of cocks shedds and rumps
of beef, and other triffles wherein I am never named, and which
are too mean to move a laughter, unless for their exposing themselves. But from the first so farr were they from designing a
dispatch, that altho' the Fleet came here the 27th of May, they
so loytered away their time that I had no copies of any depositions
taken by them till June 19th following at night, before which I
could not begin my defence, and the very next day I put up my
publication, and as it took up the whole day, I dispatched more
businesse in it than they had in three sittings. I then told them
how much time was run away, and observed to them how little
they did in their days, and how easily they might long before
have given me fair copies of their first depositions, and particularly
told Mr. Nivine that these delays must needs be designed by him,
by spinning this matter to a tedious length to amuse his clients,
and gett what he could of them. But the repetition of their
delays are so many, I will not trouble your Lordships with them,
for you will find that they deferr'd till the week before the Fleet
was to sayle, depositions that appeared of most moment which
required the longest time to answer, and which they might have
as well brought in the first day. And I then complain'd that
altho' I cou'd not begin my defence till above three weeks after
they might have begun their charge for want of copies of their
depositions, and that by such an advantage in time they might
have given me copies immediately after their taking them, yet
they then had not delivered those of their three last sittings,
tho' I had of mine to that very day. You see, my Lords, how
very near the two months were expired, and the businesse of
the first Island not finished, yet this did not prevent my attempting it, and desireing 'em to fix a time to compleat their charge
that I might conclude my defence, and have the liberty H.M.
gave me to return with the Fleet, and answer for myselfe, for as
I was not conscious of deserving any complaint, or that there was
any in those Islands, who had so lately solemnly acknowledged
what I had done for 'em, who cou'd be perswaded to complaine
against me. I flattered myself that nobody would appear
on their publications, and that possibly I might still have the
happinesse to return with the men of war, for I need not describe
to your Lordships what uneasyness a man of honour must lie
under who knows that he is villanously reflected on before them
he has the highest regard for, when he cannot appear to confront
them. But they were not pleased either then or in their last
sitting to tell me when they designed to finish, knowing I could
not conclude my defence, till I had their charge, which they
resolved should not be till the Fleet was gone. Thus, my Lords,
till the end of two months, till the man of war was sail'd that was
ordered to carry me, I did not receive copies of the last depositions
they had taken against me here, nor the new additional Articles,
nor did they once tell me they had any new Articles forming.
So impossible did they make it for me to finish my defence against
the charge of the four Islands, when they had not compleated
their charge against me in one. But during this management
they made a step that must surprize you when explained. They
sent an Agent down to the other Islands to take depositions,
without regarding the Queen's Order and the liberty that order
expressly gave me to cross-examine them. Mr. Nivine indeed
told me in Court of his design, and I assur'd him I should go down
to those Islands as soon as he cou'd dispatch the business of this.
And as they could not be so stupid as to think I cou'd attend 'em
here and at the other Islands at the same time, so neither cou'd
they imagine I could depute any mortal who I could instruct to
make a defence against a charge not made, and who could know
what persons cou'd contradict it, and by counter-depositions and
by plain reason confute what should be alledged before it was
alledged. For tho I knew my own innonence. and that they cou'd
therefore charge me with nothing I cou'd not set aside, 'twas
evident from what I had here been accused of and fully answered,
that the wisest man alive who had heard the charge cou'd not
by any meanes have known how plainly and by what wittnesses
cou'd disprove and contradict them without my telling him,
much less cou'd I depute anyone to answer what I no more than
they knew nothing of. You see my Lords to what a heighth of
rediculousness these people are arrived. for while this is one of their
charges, they in effect article against me for not being omniscient,
or for not being able to depute somebody that was so. And their
pretending to take depositions on any Island, where I was not on
the spott, and cou'd not cross-examine and take counter-deposi
tions is not only eluding H.M. Order by quibbling with the liberty
allowed me to depute any person to appear for me, which can
only be supposed on the Island where I am, any other deputation
I having so plainly proved to be in itself impossible, and contrary
to the eternal law of equity, that always will allow to whosoever
is accused of any crime, a fair oppertunity of answering it, and
for which the reign of Her present Majesty will to the latest
ages be glorious. But I have to do with a sett of people who
always wou'd lay me under impossibilities because I cou'd not go
down to the other Islands and be here at the same time, nor
instruct anybody to answer accusations before I knew them.
They bring before the Justices of this Island affidavitts taken in
the other three. To those that have not had the misfortune to
be used to their little designes, 'twill not easily appear what they
could mean by it. They will scarce allow my denying the truth
of those depositions, nor giving reasons to prove them rediculous
to be a full answer to them. They also knew the people who I
should interrogate or bring as wittnesses were on the Islands
where they took their respective depositions, besides the Fleet
was to sail the next day, and that the wittnesses cou'd not so
soon be brought up to Antigua 25 leagues distance and in the
wind's eye, nor that it was reasonable they shou'd, or indeed
cou'd be forced to such a voyage, and that the Queen's Order
made no distinction, or gave Antigua any preference to the
other Island. No, my Lords, all these things are evident, but
they resolved since I had answered all ye depositions they had
taken when the time H.M. allowed me gave me an oppertunity
to do so, that they would send home a new sett of accusations
without their answers, and carry that by their insinuations they
never could with their proofs. They further designed by their
not finishing here till the last day, and bringing those foreign
depositions to reduce me either to stay behind the Fleet and from
thence insinuate I failed in my obedience to H.M. and disregarded
her orders; or if I went with the Fleet without any prooff to
contradict the depositions of the other Islands, that was because
I cou'd get none. But they have yet a further designe by asking
the Broad Seal to be affixed to what by no meanes it ought, they
might have a fresh pretence that I regarded not H.M. Orders.
At five the night the Fleet sailed, they came with their depositions
for the Broad Seal. I told them 'twas certainly reasonable I
should examine what I put the Broad Seal to, and see that it
was put to no papers but what were publickly taken pursuant
to H.M. direction, and that in the meantime the Justices they
had chosen (one of which was the first that signed against me)
might examine mine, and the Broad Seal be put to both together:
they alledged there was not time to examine them, and I told
them they should have brought them sooner, and that I had sent
for their Justices to examine mine, which I showed them were
ready, but they being employ'd on theirs could not come, tho'
in modesty I might have expected their priority. I added, as I
should have scorned to have set the Seal to my papers had they
been first examined, when theirs were ready and wanted only
a reading, so would I not suffer by their Justices giving theirs
the preference, nor put the Seal but on both together according
to H.M. direction, which I would do as soon as mine were
examined. For I depended so much on the justice of my cause,
I had my depositions taken before the very Gentlemen chose
by my adversaries to take their depositions against me, tho'
they were my professed enemies. But your Lordships have (I
presume) before you the reason I gave them, and the depositions
annexed, wch. I sent by the Arundel, and is mark'd No. 189,
190, in the depositions the Seal is fixed to, wherein it appears I
offered to put the Broad Seal to both, and send them after the
man of war, who must stay a day or two at St. Kitts to make up
the Fleet. But it was doubly for their interest not to have the
Seale that would have took from them their pretence, that I had
disobeyed H.M. Orders on which they chiefly depended: and as
I can't conceive what reasons they could have given me to put
the Seal to depositions taken in the other Islands ex parte contrary
to the Queen's direction: if they had offered any pretended
reasons for such a request, they wou'd have exposed themselves,
or if they had dropped such depositions they would have lost
their second hope. But they had another reason not in earnest
to desire the broad seale which compleats the mistery of iniquity.
They had deferr'd some depositions so long least the Fleet
shou'd stay longer than they expected, it being their fixed
resolution never to finish with this Island till the Fleet was ready
to saile, that it might not be possible for me to go to the other
Islands to finish and saile with it to England, so that when the
Fleet was really ready to saile, several such depositions of theirs
not being made, they had not time to appoint another day to
take them, and they were of too much moment to be lost, the
Gentlemen they kept in Petto to swear at their last extremity
when they saw the Fleet sailed without me, gives reasons in his
depositions why my affaires wou'd not permitt me to go to
England, tho' no one knew better than he that they themselves
much against my inclination made it impossible, and that the
reason he gives is as far from the truth as any he could have
invented. These Gentlemen, therefore, had reason not to stay
for the Broad Seal's being fix'd to their papers, for even they
themselves would have been ashamed to have asked it for depositions taken against all the rules they pretended to be governed
by, so they must have lost by it. This weighty deposition with
the rest they took in private, which could never have appeared
before you, but branded with all the marks of a willfull disobedience to H.M. Order, if the rest had had Her Seale annexed to
them and these not. But Mr. Nivine's Seale was fitter therefore
for their purpose, and the deposition No. 204 shews you how
he obtained it, by which with an impudence peculiar to themselves,
he setts aside all H.M. precaution for truth by having it in his
power to put it to depositions that never appeared in the manner
prescribed by Her, but why do I say in his power, when 'tis
notorious he so vilely used it. What is of most weight in the
deposition aforementioned of Capt. Buor relating to quarrells
is sufficiently contradicted by the depositions of several Gentlemen which as fully clears me from that scandal as the nature of
it will bear. And tho' all that deposition is very Jesuitical
and cunningly worded, he unwittily proves for me that none of
them that are stiled my Friends have in any quarrels they have
been in since my having the Government ever kill'd any person,
or been pardon'd by me; which would have been more to their
purpose than saying I only made a promise. But as the pardon
of murder is excepted in my Commission, that Gentleman's
ignorance led him into a perjury he would otherwise have
avoided, and which thereby is proved on him. Thus tho' 'tis
easier for them to charge me with designes than actions, because
they may plainer and more fully be contradicted, yet the design
they here charge me with being proved impossible, fully convicts
them, but men reduced to such shifts must appear contemptible
to an understanding like your Lordships', to whom I willingly
submit my answer to the Articles. Signed, Daniel Parke.
Endorsed, Recd. Oct. 26, Read Nov. 10, 1710. 11 pp. [C.O.
152, 9. No. 33; and 153, 11. pp. 75–94.] |
Aug. 16.
Antigua. |
345. Same to the Earl of Dartmouth. Duplicate of preceding.
[C.O. 152, 42. No. 37; and (duplicate) 39.] |
Aug. 16.
Antigua. |
346. Governor Parke to Mr. Popple. I beg the favour of
you to let my agent Mr. Micajah Perry or his Solliciter have what
papers I shall from time to time direct to your board, for tho'
the Complainants durst not venture their cause to be heard by the
Lords Committee, well knowing they would spend time to inquire
into the whole truth, however I have sent what affts. cou'd be
then got ready by the Arundel directed to the Lords, and shall
send my answer by the next packet that if their Ldpps. have the
cureosety they may read them, etc. Signed, Daniel Parke.
Endorsed, Recd. Oct. 26, Read Nov. 10, 1710. Holograph. 2 pp.
[C.O. 152, 9. No. 34; and 153, 11. p. 95.] |
Aug. 16.
Antigua. |
347. Same to the Earl of Dartmouth. By a shipp from
Ireland lately I had by accident two or three of their gazzetts,
and the agreeable news of your Lordshipp's being Principall
Secretary of State, etc. Compliments and congratulations. Refers
to depositions, etc. P.S. Your Lordshipp will find in the depositions I have sent in the Arundell the miserable state of the
Regiment here, and in my letter to Col. Jones the reasons why I
have not suspended him for such practices, which will amase
whoever reads them. But those reasons now ceaseing, I shall
suspend him. I send your Lordshipp the articles against him,
which I think myselfe absolutely oblieg'd to, haveing the name of
a Regiment and not 150 men fitt for service, and which I have
for these two years last past frequently acquainted my Lord
Sunderland, without any answer. Signed, Daniel Parke. 3 pp.
[C.O. 152, 42. No. 37 A.] |
Aug. 17.
New Castle. |
348. Lt. Gov. Usher to [? the Earl of Sunderland]. H.M.
haveing been pleased to give a Comistion for Lt. Governor in
Province of New Hampshire, many years served, never had
anything for suportt thereof etc. Occation of these lines my
comeing into the Province found one Mr. Richd. Walderen and
Marck Hunckins admitted Members of Councill under pretence
of order from the Queen; finde an Order in Councill ytt. Rightt
Honble. Secretarys of States prepare warrantts for H.M. signett:
the Genten. judgeing H.M. favour and order nott worth the
charge, in takeing orders outt of Secretary's Office, getts a
minuitt Councill from E. Southwell's Esq. Office, by itt the
Governour admitts of them in Councill; with humble submistion
oughtt to be outt of Secretary's Office wth. roiall signett. Conceive ye goe by, the Secretary's Office, slightt on Queen's favour,
and affrontt on Queen's Order, haveing due respectt for the Crown,
judge my duty to representt true estate of things, etc. Signed,
John Usher. Holograph. ½ p. Enclosed, |
|
348. i. Minutes of Council of New Hampshire. June 3,
1710. Governor Dudley's letter to Mr. Secretary
Story read, enclosing H.M. Order in Council Dec. 20,
1705, and directing Richard Waldron to be sworn of
the Council accordingly. Copy. 2 pp. [C.O. 5, 10.
Nos. 1, 1 i.] |
Aug. 18.
Virginia. |
349. Lt. Governor Spotswood to the Council of Trade and
Plantations. I think it my duty to lay hold on all occasions of
paying my respects to your Lordships etc. At present I can only
give a bare relation of the transactions since my arrival, without
adding my own opinion or observations, since I cannot pretend
to do it, on so late a knowledge of the Country, with that truth
and exactness which I shall always endeavour to observe in my
correspondence with your Lordships. On June 19 the convoy
and fleet wherein I came arrived safely within the Capes without
any accident happening to either, and on the 23rd the Council
mett and my Commission was published in the usual manner.
It was a surprize to the Gentlemen of the Council as well as to
myself to perceive that Mr. Byrd was left out of the Council,
considering he had been so lately appointed one of that Board,
and that it did not appear that H.M. had since conceived any
displeasure against him; but on the contrary had granted him a
particular mark of her favour in augmenting his sallary as
Receiver General. This induced the Council to beleive that his
not being named in the Instructions could proceed from nothing
else than an omission in transcribeing, which might easily happen
in regard of the short time and consequently the hurry wherein
they were prepared, between the time of my being appointed
Lt. Governor and my comeing away. Upon which by the
Council's advice I have admitted Mr. Byrd of the Council till
H.M. pleasure be known; and I hope your Lordships will be
pleased not only not to disapprove thereof, but to move H.M.
that he be restored, in regard of the personal meritt and qualifications of that Gentleman, and the post he holds in the Govern
ment by H.M. favour, which as it renders him capable will
oblige him in duty to be very usefull in promoteing H.M. service
in the Council, and if it be considered that there are only three
at that Board who hold any places of profitt in the Government,
to witt, the Secretary, Auditor and Receiver General, your
Lordships will easily beleive that a Governor would very
unwillingly be deprived of the assistance of either of them, who
have the same interest and obligations to promote H.M. service,
and with whom on some occasions he may find it necessary to
communicate with more confidence than with any other of the
Council, tho' by what I have yet seen I have no reason to doubt
the good inclination of every one of them to do their duty, and of
their affection to H.M. Government. The first meeting of the
Council being spent in publication of my Commission and issueing
the usual proclamation continueing officers, I found it necessary
to have a meeting of the Council on the 5th and 6th of this
month: I communicated to them several of H.M. Instructions
wherein I am directed to take their advice, and begg leave breifly
to hint to your Lordps. their opinion and resolutions thereon.
As to that Instruction directing the sale of the quitt-rents by
inch of candle, I find that thatt method was altered several years
agoe upon the experience of its being disadvantageous to the
Queen's service, and an account thereof given to your Lordps.,
and that the quitt-rents have since been sold by the Auditor
and Receiver General themselves to better advantage, which
method the Council have unanimously advised me to continue.
As to H.M. Instruction for regulating fees, directions are given
conformable thereunto for the officers to hang up fair tables of
their fees in their respective offices, and for sending me a copy
of those tables, that I may be the better informed whether
the fees be within the bounds of moderation, of which I shall
give your Lordps. an account when I have the return of the orders
sent. I have directed a proclamation for publishing H.M.
Instructions relateing to the liberty of the subject, but as to the
Courts of Oyer and Terminer required by that Instruction to be
appointed once every half year, I find the Council inclined to be
of opinion that thatt matter is sufficiently provided for by the
Act establishing the General Court, by which all criminals are
appointed to be brought to tryal on the fourth day of every
General Court; however that affair is to be further considered
at the next Council. As to the Instruction which directs that
the offices of Collector and Naval Officer shall not be executed
by one and the same person, the Council have informed me that
it is already complyed with, that those offices were separated
upon the first giveing that Instruction to Col. Nicholson, and have
continued to be executed by distinct persons ever since, and
are so at this time; but as to the office of Receiver of the
Virginia dutys (who bares the name of a Collector here) I find
the same hath always been enjoyed by the same persons as
are Naval Officers, and the Council have given their opinion
that the fees belonging to the Naval Officer alone would not
be a sufficient encouragement for anyone that's capable and fitt
to be in so great a trust without the addition of the place of
Receiver of the Virginia dutys, from which last their cheif profitt
doth arise; and since it is H.M. pleasure that men of estates and
suitable qualifications should only be putt in that trust, I hope
it will be judged for H.M. service that the same encouragement
be continued to them as hath been heretofore; and that your
Lordships will not be displeased that I have (according to the
custome I found here) given the place of Naval Officer and
Receiver of the Virginia dutys in the upper district of James
River vacant by the death of Major Allen to Mr. Nathaniel
Harrison, who has given good security for the discharge of his
office, and of whom I have received a general good character,
both as to his capacity and diligence. In obedience to H.M.
commands I have issued a proclamation for repealing the Act
for establishing ports and towns, and I would willingly have
comprized in the same proclamation another Act, vizt., that
concerning the granting, seating and planting lands, etc., which
I'm informed continues still in force, notwithstanding I find in
the Council office a copy of H.M. order for repealing the said
Act, attested by Mr. Popple. I advised with the Council whether
the copy aforesaid was not sufficient warrant for issuing a Proclamation to declare the repeal of that Law, but they were
unanimously of opinion that it was not: and that there had never
been any Proclamation issued either confirming or repealing
an Act of Assembly except where H.M. pleasure had been signifyed
under her sign manual and signett or by order of H.M. in her
Privy Council under the Seal of that Office. Wherefore for
avoiding any inconveniencys that may happen, your Lordships
will be pleased to give directions that another order be sent in
due forms as soon as may be. Pursuant to your Lordps.'
commands and the information given me in the extracts of the
Memorials I had the honour to receive from your Lordps., I
have taken care for detecting the persons concerned in carrying
on an illegal trade to Curraçoa and St. Thomas's: and shall by
the next opportunity give your Lordps. a more particular account
of my discoverys in that affair. It is very apparent that the
want of guardships here so frequently, has given great encouragement to the carrying on this trade: and I am inform'd it has
been the practice for vessells bound to the West Indies (when
they found no man of war in the Bay) to take in great quantitys
of tobacco after they had cleared with the Officer, and by this
means they had the opportunity of runing all that tobacco to
either of those forreigne ports before they went to the Plantation
to which they were cleared. I have proposed to the Commissioners
of the Customs some means for preventing that pernicious
practice, which is to oblige their Officer in the lower district of
James River (from whence this trade is cheifly carryed on)
to keep a boat and hands to go on board the plantation vessells
and examine into their loading. But in my opinion nothing can
more effectually break that trade, than the haveing guardships
constantly attending here, and more especially if (according to
what I perceive has been often represented by the President and
Council) a sloop or other small vessell well fitted and mann'd were
sent hither to attend the guardship, such a vessell would not only
be of the greatest use for suppressing the enemy's privateers,
but would contribute very much to the preventing illegal trade,
since it would be mighty difficult for any vessell to go out of the
Capes without being examined. And I doubt not your Lordships
will be so far satisfyed of the usefullness of such a vessell that
you will be pleased to use your interest with the Lords of the
Admiralty that one be forthwith sent. I have with the advice of
the Council issued out writts for calling an Assembly to meet
Oct. 25: the cheif business that requires their meeting is the
raiseing money for finishing the Governor's house, the payment
of the Country debts that have accrued since the last Assembly,
and the remedying some inconveniencys that have been found in
the Laws. The privateers have proved very troublesome on the
coast this summer. They have taken a great many vessells,
and kept the inhabitants about the Capes in continual alarms.
After the loss of the Garland, and in the absence of the Enterprize,
which haveing gone first to New York to refitt, went afterwards
to the Bahama Islands, and is but the other day returned hither.
It is a mighty inconvenience that upon any accident to the men
of war attending here, they are obliged to go to New York to
refitt, or if they want bread or other provisions they must go
there for a supply, and in their absence the country is exposed
to the insults of every little privateer, and not any place of defence,
nor one peice of cannon mounted in the country to oppose them.
The apparent prejudice to H.M. service by this diversion of our
guardships obliges me (notwithstanding what I expressed in the
beginning of this letter) to offer to your Lordps. my humble
opinion that the first inconveniency may be obviated by haveing
an Agent here to supply the men of war as well as in the other
Colonys and a place may with small charge be fitted up at Point
Comfort for careening where I'm informed the Southampton
a fourth-rate was careened when she was guardship here. And as
to the defence of the country in the absence of guardships, I cannot
but be of opinion that a small fort built on Point Comfort would
be of good use, the very name of it would strike an awe in the
enemy. It would afford a retreat for ships when pursued by
privateers in the time of war, or by pirates (which must be
expected in time of peace) whereas there is now no manner of
defence against such attempts, the place for careening H.M. ships
being under the canon of it, they could not be surprized by the
enemy in that circumstance: and barracks might be built in
it for the reception of the sick men belonging to H.M. ships and
thereby their desertion prevented, which now frequently happens
as soon as they begin to recover. The charge of erecting such a
Fort would be inconsiderable, but as the Country is unable to
defray the charges of a garrison, I humbly propose that H.M.
may be moved to send a company of the Invaledes to do duty in
it, which would be no greater expence than they now cost;
and for the extraordinary charges of this garrison, that they be
defrayed out of H.M. quitt-rents, and if any seaman happen to
be disabled in the service here he may be entered upon the
establishment of that garrison, and there entertained at the same
charge as in Greenwich hospital. I the rather propose the supplying it with Invaledes because (besides the saveing further charges
to H.M.) other soldiers would hardly be kept from deserting
either to the merchant service or disperseing through the country
to better their circumstances by turning Planters. And if there
should be any danger of the Fort being attacked by an enemy,
the Garrison might be soon reinforced by throwing in a body of
the Militia, who would make a better figure in the company of
experienced soldiers and haveing walls to befriend them, than I
am afraid they will do by themselves without those disadvantages.
All which I humbly submitt to your Lordships' better judgement.
Tho' the price of tobacco is fallen so low that it has brought many
of the owners in debt at London, and lessened the supplys of
goods for their familys, yet I find the people bear it with much
more patience than could be expected from so great disappointments; and I'm informed the crops of tobacco this year will be
at least equal to what they have been at any time this several
years past. There, my Lords, are the most material transactions
that I have to trouble your Lordps. with at present, and seeing
I have here touched the principal heads of what was treated on
the two last Councils, it may not be so necessary at this time to
transmitt the Journals thereof: for the convoy being to sail in
September will give me opportunity of sending them with what
else may happen in the mean time. If there remains ought
else which I should have now informed your Lordps. of, I beg
that the lateness of my arrival may plead my pardon, etc. Signed,
A. Spotswood. Endorsed, Recd. 13th, Read 25th Oct., 1710.
7 pp. [C.O. 5, 1316. No. 51; and 5, 1363. pp. 204–217.] |
Aug. 18.
Virginia. |
350. Same to [? Lord Dartmouth]. Repeats parts of preceding.
I found the Country in peace, and observe a good disposition
in the People to be quiet and easy, which I shall endeavour to
cultivate, etc. Signed, A. Spotswood. 1½ pp. [C.O. 5, 1341.
No. 10.] |
Aug. 18.
Virginia. |
351. Lt. Governor Spotswood to [? the Earl of Sunderland].
Compliments. Continues as preceding. I shall send the Journals
of Council the return of the Convoy, which will sail about the
latter end of September, etc. Signed, A. Spotswood. Endorsed,
R. Oct. 16. 1¾ pp. [C.O. 5, 1337. No. 5.] |
| Aug. 18 & 19. |
352. Permit for 2 ships to sail for the Plantations without
convoy. [C.O. 324, 32. pp. 15, 16.] |
Aug. 19.
Virginia. |
353. Col. Jenings to the Council of Trade and Plantations.
Refers to arrival of Lt. Governor Spotswood, etc. I had the
good fortune to give up the Government in peace and tranquillity,
etc. I intend to return by the convoy for England, etc. Signed,
E. Jenings. Endorsed, Recd. Dec. 25, Read Jan. 23, 1710 (11).
1 p. [C.O. 5, 1316. No. 55; and 5, 1363. pp. 246, 247.] |
Aug. 19.
Whitehall. |
354. Council of Trade and Plantations to Lord Dartmouth.
Enclose draught of Instructions for Governor Lowther, "which
are to the same purpose as those that were given to Mr. Crow,
except that pursuant to H.M. commands (v. July 28), we have
added two clauses relating to the Secretary and Provost Marshal
of Barbados." Annexed, |
|
354. i. Draught of Instructions to Robert Lowther, Governor
of Barbados, etc. Additional clauses (Nos. 49 and 50):
Whereas by our Letters Patents, April 1702, we did
grant to Alexander Skene the offices of Secretary of
Barbados, Secretary to the Governor for the time being,
Secretary to the Governor and Council, and to the
Council in the absence of the Governor, and also the
office of Clerk to the several Courts in the said Island,
with all the rights, profits, fees, etc. to the said offices
respectively belonging; and whereas several encroachments have been made upon the said office, especially
by Mitford Crowe Esq., by appointing a private
Secretary of his own, and taking from Skene several
fees and perquisites belonging to him by virtue of
our said Letters Patents and applying the same to his
said private Secretary, we were graciously pleased to
direct (May 7, 1709) him to restore Skene to his place
of Secretary to the Governor etc., but the same having
not yet been done, it is our will and pleasure that upon
your arrival in Barbados, you do immediatly admit and
restore Skene to the full enjoyment of the several
places aforesaid, and to all the profits etc. thereunto
belonging. (50) Whereas George Gordon, Provost
Marshal General of our Island of Barbados, and
Alexander Skene aforesaid, did by their several petitions
humbly pray us to repeal an Act passed in our said
Island in 1667, directing how the clerks and marshals
of the several Courts of Common Pleas within this Island
shall be appointed and what they shall receive, the same
being prejudicial to the ancient rights of their respective
places of Provost Marshal General and Secretary of
our said Island, as likewise to other our subjects there,
and whereas we have thought fit by our Order in Council
(Feb. 18, 1710), which you will herewith receive, to
signify our disapprobation and disallowance of the said
Act, the Judges, Clerks and Marshals will lose so much
of their fees as were appointed by the said Act, in order
to the prevention whereof, it is our will and pleasure
that you do use your best endeavour with the General
Assembly to procure an Act to be passed for settling a
salary or reasonable fees on the several Judges there,
and for restoring to the Clerks and Marshals the several
and respective fees mentioned in the said Act, and that
you do forbear to give your consent to any Act that
may prejudice our several officers in our said Island,
commissioned under the Great Seal of this Kingdom
in their just rights and priviledges; but on the contrary
that you do countenance and give all due encouragement
to all our Patent Officers in the enjoyment of their legal
and accustomed fees, rights, priviledges and emoluments
according to the true intent and meaning of their said
Patents. [C.O. 29, 12. pp. 134–231.] |
Aug. 22.
Kensington. |
355. H.M. Warrant for John Blair to be admitted to the
Council of Jamaica. Countersigned. Dartmouth. [C.O. 324,
32. p. 19.] |
| Aug. 22. |
356. Address of the Governor, Council and Assembly of
the Massachusetts Bay to the Queen. The gracious acceptance
which our late humble Addresses have found with your sacred
Majesty for the obtaining sea and land forces from Great Britain
for the reducing of Port Royal and the country of Nova Scotia
to your Majesty's obedience, thereby to rescue us from the
insults of our ill neighbours the French on that side, demands
our most humble recognition, with the highest gratitude to the
best of Queens. whose innate diffusive goodness inspires Her
royal breast with most gracious dispositions to hear and grant
the humble supplications of the meanest of her subjects, and to
have regard to such as are far distant from the royal throne.
Your Majesty's ships of war and transports, with the forces
design'd for that expedition, under the conduct of the honble.
Col. Nicholson, happily arrived to us the middle of the
last month, by whom we had the favour of receiving your
Majesty's commands for our quota thereto in concert with other
your Majesty's neighbouring Governments. And in obedience
to your Majesty's said commands, we have with all application
and diligence intended our duty to put forward the said expedition.
Your Majesty's forces rays'd therefore within this Province
consisting of 900 men well clothed and shipping in readiness for
their transportation with 3 months provisions on board, stand under their armes, attending the General's order for their embarquing,
and we shall not be wanting in any article required on our part,
hopeing by God's blessing upon your Majesty's armes, that
Countrey shall be restored to your Majesty's Empire, and by the
produce thereof be of singular benefit and advantage to the
Crown, withal humbly praying that your Majesty will be
graciously pleased upon the reduction of the same, to establish
such garrisons at the charge of the Crown, for keeping of the
Fort at Port Royal, and in such other places as in your Royal
wisdom your Majesty may think fit to rayse fortifications. And
that it may always hereafter be continued a British Colony,
as it was at first originally granted and intended by your Majesty's
Royal Predecessors, etc., etc. Signed, J. Dudley, Isa. Addington,
Sec. Council. John Park, Speaker of the House of Representatives.
1 p. [C.O. 5, 10. No. 137.] |
Aug. 23.
Colony of Rhode Island. |
357. Governor Cranston to the Earl of Sunderland. By the
Rt. Honble. Coll. Francis Nicholson, who arrived at Boston
with the Brittish forces July 15 last, I received H.M. Royall
letter to me, March 18, and your Lordship's of April 17, both
which I communicated forthwith to the General Assembly, who
upon the consideration of H.M. repeated care and pious regard
of her good subjects in these partes (in answering their humble
petition) and sending them such forces, under the command of
so acceptable a Generall, readily agreed in giving me such suplys
as were needfull (with their concurrence) for the fitting out 200
men (with transports and all stores suitable for the expedition,
to joyn with H.M. Brittish Forces) who are this day imbarqued
in order thereunto. And I hope with the blessing of God,. who
has from time to time so wonderfully prospered and blest the
armes of H.M., that he will still continue his blessing and give
success, not only to this present expedicon, but to all H.M. Forces
both by land and sea. Encloses following to be laid before H.M.
etc. Signed, Samll. Cranston. Endorsed, Recd. Nov., 1710.
Addressed. 1 p. Enclosed, |
|
357. i. Address of the Governor and Company of Rhod Island
and Providence Plantations in New England to the
Queen. We your Majesties most dutifull and loyal
subjects are not of ability to express how much we are
(in duty) obliged to your Majestie for answering (at
this critical juncture, when your Majestie is so deeply
engaged for the procuring a lasting Peace, not only for
your own subjects, but for ye ballance of Europe) the
humble Address of the severall Governmts. of these
partes of North America, by sending us assistance of
ships of war, and men, with warlike stores, under ye
command of ye Right Honourable and most acceptable
Col. Francis Nicholson, etc., etc. We crave leave humbly
to congratulate your Majesty for the gracious smiles
of Heaven upon your Royal Person and divine goodness,
showred down on your sacred Head, by continuing
to bless the just armes of your Majesty and those of
your Allies, under the conduct of those two great and
renowned Generals, the Duke of Marleborough and
Prince of Savoy, etc. Your Majesties commands
to this your Government to be assistant to this nobler
enterprize in the same manner as we were to have
been the last year, (had the expedicon against Canada
succeeded) we have embraced with a loyall and dutifull
obedience. Tho', as we were bold to inform your
Majesty in our last Address, vizt. that we apprehended
our proporcon then ordered (and now renewed by the
vote of the Councill of War) to be more than our equal
Quota, with our neighbouring Provinces; so we most
humbly pray that your Majestie in your great wisdom
(should the like occasion offer hereafter) will be graciously
pleased to order and direct, that each Province and
Coloney may be equally proporconed according to the
number of their Militia: the which will more and more
oblige us readily and dutifully to comply (as faithfull
and loyal subjects) to all your Majesties commands,
with our lives and estates, which have been and are
wholly devoted to your Majesties service; for the
maintaining and supporting your Royal Crown and
Dignity, etc. Signed, Samll. Cranston, Govr.; West
Clarke, Secretary. Rhod Island, Aug. 23, 1710.
Endorsed, Recd. Nov. 24, 1710. Addressed. 1½ pp.
[C.O. 5, 10. Nos. 226, 228.] |
| Aug. 24. |
358. Address of the Governour, Council and Representatives
of New Hampshire to the Queen. Return thanks for H.M. despatch
of forces on the expedition against Nova Scotia, etc. Continue:—The circumstance of this poor Province (being all frontiers to
the enemy by sea and land) bespeaks the assistance of more men
than the scattering inhabitants thereof for its defence, yett wee
freely and readily sent the Quota demanded of us for this present
Expedition with provisions, transports and all things necessary
for them, and shall always exert our utmost endeavour for your
Majesties service, etc., etc. Signed, J. Dudley; Cha. Story,
Secretary of the Council; Richard Gerrish, Speaker of the House
of Representatives. 1 p. [C.O. 5, 10. No. 2.] |
Aug. 25.
Whitehall. |
359. Council of Trade and Plantations to the Earl of
Dartmouth. Enclose following. Annexed, |
|
359. i. H.M. Instructions to Lord Archibald Hamilton,
Governor of Jamaica. Similar to those of Governor
Handasyd. Signed, Sept. 9, 1710, Kensington, etc.
[C.O. 138, 13. pp. 190–281; and 5, 189. pp. 66–102.] |
Aug. 26.
Whitehall. |
360. Mr. Popple to Mr. Burchet. Quotes Col. Jenings,
as to the need of a guardship for Virginia, for the information
of the Lords of the Admiralty. [C.O. 5, 1363. pp. 197, 198.] |
Aug. 28.
Kensington. |
361. Order of Queen in Council, Report on the Bahamas
(v. Dec. 30, 1708 and July 9, 1709) is approved and referred
back to the Council of Trade to devise the best way of putting
it in speedy execution. Signed. Chris. Musgrave. Endorsed,
Recd. 14th, Read 15th, Sept., 1710. 1¼ pp. Enclosed, |
|
361. i. Copy of Report of Attorney and Solicitor General,
July 9, 1709. q.v. 1½ pp. [C.O. 5, 1264. Nos. 98,
98 i.; and (without enclosure) 5, 1292. pp. 216–218.] |
Aug. 28.
Whitehall. |
362. Mr. Popple to Governor Hunter. Acknowledges letter
of June 16, etc. The Palatin ships you mention as missing
their Lordships hope were not long after you in port, one of them
having put into Virginia. Your next letters their Lordships
promise themselves will bring them a good account of the posture
of affairs in your Government, wherein I doubt not but your
prudent management will correct any irregularities which the
heats and divisions there may have runn them into. [C.O. 5,
1122. p. 171.] |
Aug. 28.
Admiralty Office. |
363. Mr. Burchett to Mr. Popple. Reply to Aug. 26. I have
received a letter from Col. Jennings of the same purport. The
Tryton's prize, a ship of the sixth rate is gone to cruize with the
Enterprize between the Capes. Signed, J. Burchett. Endorsed,
Recd. Read Aug. 29th., 1710. Addressed. 1 p. [C.O. 5, 1316.
No. 50; and 5, 1363. p. 203.] |
Aug. 28.
Whitehall. |
364. Council of Trade and Plantations to Lt. Governor
Spotswood. Col. Jenings having given us an account, April
24, that he has received H.M. commands for setling the Boundaries
between Virginia and Carolina, and for removing the interruptions
daily given by Carolina to the Indian trade, but that he had not
time to enlarge upon what had been resolved on by the Genl.
Court, we shall therefore expect from you a particular account
of the resolutions and proceedings of the said Court, as well in
relation to the settling and adjusting the said Boundaries as to
the Virginia Indian trade by the first conveyance. He also
acquaints us with the arrival of H.M.S. the Enterprize, ordered
to attend the service of the Colony, which together with H.M.S.
the Tryton's prize, which sail'd from these parts some time ago,
and we hope is arrived, will be sufficient to secure the coasts
and protect you from the insults of the Enemy's privateers.
We are glad to perceive by the said letter that an intended
insurrection of the negroes in that Colony, had been happily
discovered, the cheif conspirators seized, two of them found guilty
and condemn'd, which we hope will serve as an example to the
rest, and deter them from attempting anything of the like nature
for the future. We shall be glad to hear that the sickness he
mentions to continue in divers parts of the Colony, and which
has carryed off many of the people will before this comes to hand
be wholly abated, etc. Since the writing of the above, we have
received another letter from Col. Jenings without date, wherein
an account of the damage done by the French privateers on the
coast of Virginia and the want of a man of war and sloop, etc.;
all which we have laid before the Lords of the Admiralty. [C.O.
5, 1363. pp. 198–203; and 5, 1335. pp. 48–51.] |
Aug. 28.
Whitehall. |
365. Council of Trade and Plantations to the Earl of
Dartmouth. We have considered ye letter and papers from
Richard Oglethorpe (v. Aug. 15), relating to illegal trade carried
on at the Leeward Islands, and are inclin'd to believe that the
facts therein complained of are true, we having receiv'd former
complaints of ye like evil practices in those parts, upon which we
then transmitted copys of the informations to the Governor
of the Leeward Islands with directions that he shou'd make a
strict inquiry into those matters; that he shou'd prosecute the
offenders, if there shou'd appear to be good grounds for so doing,
and transmit to us an account of his proceedings therein, which
method we are humbly of opinion will be most proper to be
taken in relation to ye aforesaid information, given in by the said
Richard Oglethorp, and the rather in regard that they contain
only bare allegations, without any sort of proof whatsoever.
[C.O. 153, 11. pp. 60, 61; and 152, 42. No. 40.] |
Aug. 28.
Kensington. |
366. Order of Queen in Council. Approving Instructions
for Governor Lord A. Hamilton (Aug. 25) which are to be
prepared for H.M. signature. Signed, Edward Southwell.
Endorsed, Recd. Sept. 29, Read Oct. 26, 1710. 1 p. [C.O.
137, 9. No. 19; and 138, 13. p. 295; and 5, 11. No. 55.] |
Aug. 28.
Kensington. |
367. Order of Queen in Council. Approving Instructions
of Governor Lowther. Signed, Chris. Musgrave. 1 p. [C.O. 5,
11. No. 54.] |
Aug. 28.
Kensington. |
368. Order of Queen in Council. Approving draft of
Instructions for Governor Lowther (v. Aug. 19). Signed, Edward
Southwell. Endorsed, Recd. 29th Sept. Read Oct. 26, 1710.
1 p. [C.O. 28, 13. No. 43; and 29, 12. pp. 304, 305.] |
Aug. 28.
Whitehall. |
369. Council of Trade and Plantations to Lord Dartmouth.
We have considered Lord A. Hamilton's Memorial (v. No. 341 i.).
We are still of the opinion we writ to the Earl of Sunderland,
May 16, and therefore have no objection why the Lord Archibald
may not be allowed by letter or otherwise according to his desire
to signify to the Assembly H.M. gracious intentions that the
hardships Jamaica does lye under shal be laid before the House
of Commons the next Session. Autograph signatures. 1¾ p.
[C.O. 37, 51. No. 27; and 138, 13. pp. 283, 284.] |
Aug. 29.
Whitehall. |
370. Mr. Popple to George Lillington, President of the
Council of Barbados. Acknowledges letter and papers of June
11, all which are now under their Lordships' consideration, and
will forthwith be laid before H.M., so that in all probability you
may receive H.M. pleasure thereupon by the next packet boat.
Mr. Pulteney will by next packet return an answer to the letter
he has received from you. [C.O. 29, 12. pp. 250, 251.] |
Aug. 29.
Whitehall. |
371. Mr. Popple to Governor Dudley. Encloses opinion
of Solicitor General upon two clauses in the Massachuset's
Charter (v. May 12) "which you will do well to communicate to
Mr. Bridger," etc. [C.O. 5, 913. p. 252.] |
Aug. 30.
Whitehall. |
372. Council of Trade and Plantations to Governor Hunter.
Whereas there have been great irregularities in the manner of
granting Commissions in the Plantations to private ships of war,
and whereas it will be necessary that you govern yourself according to the Commission and Instructions granted in this Kingdom,
we herewith inclose copies of them for your better guidance
therein. [C.O. 5, 1122. p. 172.] |
Aug. 30.
Whitehall. |
373. Same to Lt. Governor Spotswood. Similar to preceding.
[C.O. 5, 1363. p. 203.] |
Aug. 30.
Bermuda. |
374. Lt. Governor Bennett to the Council of Trade and
Plantations. I presume this comes with a packt. from me dated
June 13, which was designed to have gone via Lisbon, but the
vessell that carryed it to Pensilvania in expectation there of
ffreight for that place, being disappointed, touched here in her
way to Barbados, which gives me the opportunity of sending
this, and to acquaint that I have received your Lordps.' of Jan.
19 and Feb. 9, which I answered July 5, and sent my letters in a
sloop for Barbados in order for the packt. boat, but she was taken
in sight of that Island. I also sent a duplicate by the next
vessell that went there, and her ffate happened to be the same;
soe that I am now prepareing triplicates, but can't compleat
them to transmit now, this vessell only touching here to put
a small quantity of goods on shoar. Repeats following letter.
Continues: My Lords, I have now received the publick seal
from Barbados, and shall fulfill H.M. orders relating thereunto
the next Council Day. Inclosed is an Act of Assembly to
empower Capt. Richard Jennings to sell one share of land to
enable him to pay his debts. My Lords, the Capt. of the vessell
that carrys this to Barbados in order for the packt. boat pressing
to be gone, obliges me to brevity, etc. Signed, Ben. Bennett.
Endorsed, Recd. 13th, Read 14th Nov., 1710. Holograph. 4
pp. Enclosed, |
|
374. i. Licence from the President and Council of Barbados
for the sloop St. James, Capt. Barnett St. John, to
sail for the coast of New Spain. Signed, G. Lillington,
A. Skene, May 22, 1710. Clearing of the same, May 23.
Signed, Saml. Cox, Naval Officer; Tho. Edwards, Coll.
Same endorsement. 3 pp. |
|
374. ii. Proceedings at the Admiralty Court, Bermuda, at
the condemnation of the sloop St. James. July 7—Aug. 4,
1710. Same endorsement. 22 pp. |
|
374. iii. Affidavits of James Glasebrook, deputed waiter,
Saml. Tynes, Florentius Richardson, James MacCulle,
Benjamin Todd, Anthony Needle, Wm. Richardson,
Francis Laudey, James Robe, and Thomas Wright,
in the case of the sloop St. James. Aug. 19–24, 1710.
Endorsed, Recd. 13th Nov., 1710. 8 pp. [C.O. 37,
9. Nos. 9, 9 i.–iii; and (without enclosures) 38, 6.
pp. 499–501.] |
Aug. 30.
Bermuda. |
375. Same to Mr. Popple. Desires him to lay preceding
before the Council of Trade, etc. Signed, B. Bennett. Endorsed,
Recd. 13th, Read 14th Nov., 1710. Holograph. 1 p. [C.O.
39, 7. No. 10; and 38, 6. p. 504.] |
Aug. 30.
Bermuda. |
376. Lt. Governor Bennett to the Earl of Sunderland. I
have here transmitted the condemnation of the sloop St. James
which was seized by a privateer fitted out from this country near
Porto Rico: she belonged to Barbados, and by her clearings it
appears she was bound to St. Domingo in order for trade, but the
Capt. of the privateer enquireing into her cargo was informed
there were a number of iron barrs on board and barrells of steel
hid under the ballast, which occasioned her being brought in
here, as they were counterband goods, and not designed by her
clearings to trade between Rio la Hacha and the River Chagre
within which limits the Act for the encouragement of the trade to
America doth allow to be traded with, but it's humbly conceived
noewhere else among the Spaniards. After the sloop was
condemned and her ballast strictly enquired into, there were
found 17 large iron barrs, bolts, spikes and hinges for ports of
vessells, more than was owned att the triall, so that the whole
number were 36, which weighed with bolts etc. 2716lb., and the
steel 226lb. There was also on board a chest of dry goods, for
which noe certificate from the Custome House appeared, neither
did the Master pretend he ever had one, and one Mr. Creagh,
chief owner of the sloop now here, told me he knew nothing of
them, soe that if the vessell had not been condemnable, those
goods I presume were seizable, an inventory and appraisment
whereof not being compleated, cannot now transmit it, but shall
by the first opportunitty. I understand the owners of the sloop
will endeavour all they can to obtain H.M. order for restitution,
and that they will make complaint of the ill usage of a Spaniard
that was the mercht. on board. It is very true, my Lord, the
privateers owned that (contrary to my Instructions) they did
punish that gentleman, to make him confess he had a Spanish
pass (which was said to be thrown over board) but not to that
degree as I hear is represented, affidavits to which purpose are
incerted att the end of the triall, and those that were actors in
that beating are detain'd here in order for punishment, as your
Lordship shall direct, etc. Signed, Ben. Bennett. Endorsed,
Recd. Nov. 27. Holograph. 3 pp. Enclosed, |
|
376. i.–iii. Copy of proceedings in the Court of Admiralty,
Bermuda, against the sloop St. James and affidavits etc.
relating thereto, as Nos. 374 ii., iii. Same endorsement.
25 pp. in all. [C.O. 37, 28. Nos. 5, 5 i.–iii.] |
Aug. 30.
Whitehall. |
377. Council of Trade and Plantations to Lord Dartmouth.
Having by the last packet from Barbadoes received a letter etc.
from the President of the Council (v. June 11) relating to a dispute
arisen between the Council and Assembly, touching the nomination of a Treasurer in the Excise Bill depending there; we have
thought fit for H.M. service to lay before your Lordship a full
state of that matter as it appears to us from the said papers.
On May 1st, 1710, the Assembly sent up to the Governor and
Councill an Act for laying an Excise upon liquors. The Council
disapproved of the Assemblies nomination of Col. Downs for
Treasurer in the said Bill; and by reason of the disputes that
happened on this occasion between the said Councill and
Assembly, the Island remained without a revenue. On May 19
(some days after Mr. Crow's departure from thence) the President
ordered the Assembly to attend him in Councill, where he exorted
them all to union and good agreement, and in order thereunto
proposed that there might be a conference between them and the
Council upon the forementioned Bill. A conferrence was had the
same day, the Council insisting that they had as much power
to reject as the Assembly to nominate a Treasurer, yet if the
Assembly would nominate any other person besides the said
Downes, or propose some other expedient that the said Bill
might not drop, the Councill would then consider of it. The
Assembly on the other hand insisted on the Treasurer they had
named, and passed a resolution in their House accordingly. On
May 20th, the Members of the Councill who were against passing
the Bill with the said Downes's name in it, deliver'd to the
President a paper containing their further reasons and proposals
for accomodation, the substance whereof is as follows. That
they did not dispute the Assemblies right of nominating a
Treasurer, but claimed to themselves a right to approve or reject
the person so nominated. That if the Assembly would nominate
any one of nine persons named by them in their said paper, they
would readily agree to such nomination, or they would agree to
the nomination of Col. Maycock, their former Treasurer, or any
other person, or give good reasons to the contrary. That they
did not rejected Col. Downs from any disrespect to his person, but
from a principle of doing their duty, and discharging the trust
reposed in them, and hoped the Assembly would embrace these
proposals. On 23rd the Assembly sent to the Council their
resolutions in answer to the foresaid paper as follows, vizt.,
that the Councill had not by that paper made any condescention,
but on the contrary had insisted on their pretence of nomination,
and had not offered anything material to alter the good opinion
the House had of the said Downes; that the said Downes had
signifyed to the House, that seeing the Councill had so great a
displeasure against him, he did decline the favour intended him
by ye Assembly; however the Assembly resolved to abide by
their first choice. The President finding that both the Councill
and Assembly insisted, told the Council that if they would not
recede from their claim, the said Excise Bill would be lost, to
the great detriment of the publick; that in 40 years time that
he had been upon the Island, he never knew that matter controverted with ye Assembly, but once, which was about 15 years
agoe when that dispute was ended by passing a short Act for
reviving the preceeding years Excise Bill, whereby the former
Treasurer was continued. That great summs had already been
lost to the Crown, for want of an Excise Bill, and that if the
Fleet from Great Britain should arrive before the said Bill was
passed, that Revenue (which was considerable and the easiest
tax to the people) would be lost and others more grievous must
be laid, in leiu thereof: that two Assemblys having already been
try'd, and they insisting upon their own nomination, 'twas
probable that in case a new Assembly was chose they would be
of the same opinion, besides that there was not time, for that the
London Fleet was daily expected. That they ought not to refuse
a Revenue tendered to the Crown, only because they thought
their power, in the making of a Treasurer, lessened by the
Assembly. He gave them several other reasons, and proposed
to them that they should appoint one Commissioner of the
Treasury and the Assembly another; or that they should pass
the Bill, with a clause that the same should determine on the
signification of H.M. disapprobation of the Assembly's claim,
and then put it to the vote, whether the Bill should pass as above
proposed. And after much clamour and noise, six of the Members
declared they were ready to pass the Bill intire, except the
nomination of the said Downes; and two were for passing the
Bill as it was. The said six then proposed that the Assembly
should be disolved, and writts immediatly issued for chosing a
new one. Whereupon the President declared he would have the
opinion of H.M. Attorney General and Councill at Law, which
they gave him May 26th, to the purport following; that they
thought all proper remedies should be tryed rather than a dissolution, and were of opinion that a prorogation would be better,
least the London Fleet should arrive; that by a prorogation
all former proceedings would fall, and the Assembly would be at
liberty to nominate a new Treasurer. On June 6th the President
communicated this opinion to the Councill, and that the event
had justifyed ye same, the Fleet being then arrived, and therefore
he proposed the proroguing the Assembly for one day; which
was done accordingly. On June 7 the President advised the
Council and Assembly to unanimity, and to pass a new Bill in
such manner that all controversies might be avoided for the
future. The same day the Assembly did pass a new Bill, and
therein named Mr. Guy Ball for Treasurer, which Bill was sent
up to the Councill, and on the second reading was referr'd to a
Committee with directions to them to nominate another person
in the room of the said Ball. Thus that matter stood when the
last accounts of June 11th came from that Island; and we are
inclined to believe that this dispute between the Councill and
Assembly will continue till H.M. pleasure shall be known therein.
Whatever reasons the majority of the Councill might have not
to pass the Excise Bill, wherein Richard Downes was nominated
Treasurer, and how well grounded soever their claim of right
may be to approve or disapprove of such officer (for further they
do not pretend to carry it) yet when the Assembly upon a prorogation had dropt their former nomination of that person, and
passed a new Excise Bill, in wch. another was nominated
Treasurer, and had thereby in a manner given up the point
insisted on by the Councill, we are of opinion it had been advisable
in the Councill to have closed in that expedient, and to have
consented to that Bill, especially after the exhortations given them
by the President to consider what damage would unavoidably
accrue to the Island in the loss of that Bill. For prevention
whereof and for putting an end to the present dispute between
those two parts of the Legislature touching the right in question,
we humbly propose that directions be sent, so soon as conveniently
may be, to the President or Commander in Cheif there for the
time being, to represent to the Councill H.M. great concern for
the peace and welfare of the Island, her just displeasure that any
dispute has arisen to create heats and animosities amongst her
subjects, or to obstruct the necessary service and security of the
country, and that he be required to exhort the Council in the most
effective manner, to give their consent to the said Excise Bill,
if not already pass'd into a Law, or to such other Excise Bill as
shall then be depending, the doing whereof, as before is observed,
can be no prejudice to their claim of right to approve or disapprove
the person therein nominated by the Assembly for the office of
Treasurer, it not appearing that the Council has any objection
to the qualifications of the persons so nominated. Autograph
signatures. 7½ pp. [C.O. 28, 43. No. 48; and 29, 12. pp.
251–260.] |
Aug. 30.
Whitehall. |
378. Duplicate of No. 373. [C.O. 5, 1335. p. 54.] |
Aug. 31.
Barbados. |
379. Col. Lillington to the Earl of Sunderland. Refers to
former letters, since which nothing has occur'd worthy your
Lordship's notice, save that upon the Councill's amendment of
the third Excise Bill sent them up by the Assembly, and their
incerting of another person in the room of Guy Ball Esq., who
was appointed Treasurer in the said Bill, the Councill have
assigned this only reason for their rejecting him, viz., that he
was a member of the Assembly. By which the Island still remains
under the melancholy and unsafe circumstances of wanting a
revenue, wherewith to supply the emergencies of the Government, and without any provision for any accidents, tho' never
soe pressing. With impatience I wait H.M. pleasure and
determination of the controversie depending betwixt the Councill
and Assembly of this Island, in which I flatter myself my conduct
will be found impartiall; and my endeavours with the Assembly,
and then the Councill, to make one of them recede from their
pretensions, and yeild to the necessities of the countrey be
approved, and found far from encouraging the Assembly in the
dispute, as the majority of the Councill have charg'd me. I
humbly begg your Lordships' favour in the quickest dispatch of
such H.M. pleasure and determination, and that it may for
the future soe settle each of their pretensions, that they may
not again produce such mischeivous and dangerous consequences
to the safety of this Island. I inclose a list of such Gentlemen
of clear estates and reputations, whom I judge most worthy and
capable of the honour of serving H.M. as members of her Councill,
etc. I have liv'd some years above forty in this Island, and have
bore the honour of being one of H.M. Councill here, for upwards
of 20, and no person can, or has yet taxt me with receiving what
was not my due, and 'tis too late now to begin to die a young
knave, etc. Signed, G. Lillington. 2 pp. Enclosed, |
|
379. i. List of causes depending in the Court of Errors held
before the President and Council, July 29, 1710. (7).
Signed, A. Skene. ½ p. [C.O. 28, 43. Nos. 44, 44 i.] |
Aug. 31.
Whitehall. |
380. Lord Dartmouth to Governor Dudley. The Queen
commands me to acquaint you, that as she has formerly taken
into consideration the sending over into New England such a
number of land forces as joyned with those under your command,
and such as the neighbouring Colonys could have furnish't,
might have been of strength sufficient to beat the French of
Canada and North America, so H.M. had this year caused all
necessary preparations to be made for this expedition, which
H.M. has been forced to lay aside for the present by reason of the
contrary winds which happen'd, when the season was proper for
the Fleet to sayle, and in regard of other important services
which intervened. The Queen hopes to receive a good account
of the Expedition against Port Royall, having sent away last
spring Col. Nicholson, with such Commissions etc. as were
necessary, and she is very well pleased with the accounts she
has received of the zeal with which her subjects under your
Government embraced this undertaking, and of the forwardness
they expressed to promote it. H.M. therefore for this reason,
and out of her tender care for their good and prosperity intends
to pursue this design as soon as the state of her affairs will permitt
it, being very sensible of the great advantage which may be
thence expected. And as H.M. will not be wanting in her
endeavours to promote whatever may conduce to the welfare
and security of the Colony under your Government, so H.M.
doubts not but that all proper measures will be effectually
taken there for the common safety and interest, which H.M.
earnestly recommends to your care. The Queen would have
you communicate this letter in the usual manner to Her loving
subjects. Signed, Dartmouth. |
|
The like letter sent to Governor Hunter, the Governor and
Company of Rhode Island, and the Governor and Company of
Connecticut. [C.O. 324, 32. pp. 20, 21; and 324, 31. pp. 4, 5.] |
Aug. 31.
Whitehall. |
381. Same to Col. Nicholson. The Queen having thought it
necessary to lay aside for this year the Expedition designed against
Canada in regard she could not spare a sufficient number of forces
from other important services, I am commanded to acquaint
you with it. Signed, Dartmouth. [C.O. 324, 32. p. 21; and
324, 31. p. 6.] The like letter to Col. Vetch. |
| [? Aug.] |
382. [Lt. Governor Usher] to the Council of Trade and
Plantations. Humbly lay before your Ldshps. names of persons
for Councillours; Capt. Richd. Garish, George Jeffrey, Capt.
Jno. Wentworth, Capt. Theoder Adkinson, Richd. Hilton,
Nathanaell Waer: formerly and now give names of such whoe have
a principle of loialty in them, and on ytt. accott. onely present
them. Refers to Governor Dudley's charge that he puts the
Government in a flame (v. Aug. 5). Am nott afraide of any
accusation, etc. I am desirous att all times to answer any charge.
I am for Croun Govermtt., have spent my estate for suportt
thereof; the Comonwealth Governmt. in Assembly now broken,
and representatives, persons for honour and justice, you will nott
finde many adresses wth. agency, former adresses all indited
by H.E., for interestt consented tto. Repeats suggestion of
enquiry into Agent's accounts, etc. (v. Feb. 1708 and Aug. 5
1710.) If an order comes to H.E. if possible will finde a salvo:
pray an order to Genll. Nicholson to inquire into truth thereof;
and alsoe of anything formerly or loosely I have writt. Secretary
and Treasurour noe comistions since this Queen's reign.
Treasurour has nott given security for his place. Bookes of
Records in Major Vaughan's custody, wch. belongs to Secretary's
office for a suportt thereof as a perquasite unto itt, etc. Am
informed H.E. represents ye Govermtts. grantt nott enough to
maintain his table, well known what Govermtts. give, wch. with
proffitts and gains in Govermtt. judged he lays up £1000 per
annum, clear of all charges, though another person of honour
and justice mightt nott soe much make. In manageing the war
great care wth. a vastt exspence aboutt 500 men in pay. Service
they doe is now and then on frontiers marching aboutt six miles
in the woods a scouting and soe return, the enemy all the while
within 3 to 9 miles nightt and day on frontiers, H.M. subjects
and lives taken a way, poore country, impoverished, and all for
wantt of good conduct, troopes sentt butt signify nothing, and
when they march, one days march aboutt 10 miles, next day
six miles to next town, thus things managed. Ye land mourns
under burthen thereof: judge you'l have accott. from better
hands then mine. Govermtt. in N. Hampshire carryed on by
Councill, Governour apointts Assemblys to sett and raise mony
when neither Governour nor Lt. Governour in province. There
Actts. pass outt of Govermtt. Queen sends her letter directed
to H.E. etc., with a new seal to break the old. Governour sends
ye letter and seal to Secretary for Councill to receive, and break
ye old. I knew nothing of itt, till I came into ye province, there
found the Queen's order: in Councill did se ye old seal broken:
thus my lords am I treated by ye Governour, wch. judge very hard,
humbly conceive all orders recd. from Crown should be putt in
execution either by H.E. or Lt. Governours in person on the
place, and nott under pretence for Crown Govermtt. sett up
Comonwealth. There is 3 persons whoe judge Queen noe rightt
to soile or Govermtt. butt all in people: vizt. Major Vaughan,
Richd. Walderen, Samuell Penhollow. I have nothing agt. the
gentm., onely want of due royall principles. |
|
No date or signature. Endorsed, Recd. 20th, Read 23rd Nov.,
1710. cf. Aug. 5. In Mr. Usher's hand. 1½ pp. [C.O. 5,
865. No. 53; and (abstract only) 5, 913. pp. 278, 279.] |
