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July 1.
Barbados. |
431. The four suspended Members of the Council of Barbados
to the Council of Trade and Plantations [see Sept. 21, 1703.] We
lay before your Lordships the true state of our case, having
great reason to beleive that this last transaction of H.E. doth
not only wound our particular reputations and interest, but in the
designe and consequences of it will have a pernicious influence
upon the publick welfare. Refer to H.E. Speech on that occasion
given below. (1) We answer that the heats and animosities
mentioned by him owe their first rise to a Bill brought into the
Assembly, for the raising of standing forces, which was apprehended
by the generality of the Island to be of pernicious consequence,
so that the absenting of several Members from the House seems
rather to be the effect and consequence than the originall cause
of our heats and animosities, which this Bill first produced.
H.E. observes that the absence of those Members from the
House hath given a stagnation to all business of the greatest
moment, which is very true, and we allways lookt upon them
to be very blameworthy, but at the same time cannot acquit
the other Members who attended the House from all blame,
who for a considerable time would give this Bill the preference
before all other business, which (if it were not so hurtfull and
pernicious as was generally apprehended) yet ought not to have
stood in competition with other affairs that more immediately
concerned the safety of the Island, and were confessedly of far
greater consequence and moment. (2) He says that he hath
good reason to beleive that the absenting Members have been
encouraged by severall Members of the Board, and that our
behaviour upon his application made to us concerning the
absenting Members is convincing proof of it. Our behaviour
is rather a convincing proof to the contrary. For all of us that are
now suspended and two Members that are not, were very far
from excusing those Members or refusing to censure them, insomuch that upon every application H.E. was pleased to make
for our advice upon this occasion we unanimously pronoune'd
them culpable, and that by their absence the Island was very
much exposed. And seeing the absenting Members were so
numerous as to render the whole House useless, we earnestly
moved H.E. for a dissolution, which we look't upon as the most
proper and naturall if not the only remedy for these obstructions
and the animadversion to be most suitable to their crime.
As to our encouraging them upon other occasions out of Councill
in their absence, we answer, that upon all occasions we have
constantly expressed our dislike of their proceedings in this
case, and one of us being in discourse with a gentleman of
experience and very good account in this Island, complaining
of the dangers we were exposed to by the absenting Members,
and saying that their apprehensions of this Bill was not a
sufficient excuse, for that the Gentlemen of the Councill who
had considerable interests in this Island would be very deep
sharers in the common calamity if anything should pass them
of extraordinary bad consequence to the Publick, therefore if
these Gentlemen found themselves too weak to oppose the Bill
in the Lower House, they might confide in the prudence and
integrity of the Councill, to this it was answered, that the Assembly
knew what power was lodg'd in the Governor, and that he could
easily suspend such Members of the Councill as should obstruct
the passing of the Bill, and put in others in their room. And
H.E. himself being in discourse some months ago with another
of the suspended Members, and complaining of the unkindness
of the Assembly in their not passing the Bill for the standing
forces, and being told by the said Member[s] that he beleived
the Bill would hardly pass the Councill, he answered 'twas easy
to remedy that by suspending four or five of the Members if they
withstood any Bill which a Governour thought to be for his
interest, and put in others who would do the business, and then
being asked how he thought that would look at home, upon
the complaint or restoration of the Members so suspended, he
answered 'twas no matter for that, soe as the turn was serv'd
in the meantime. And now H.E. hath been as good as his word,
and hath made it manifest that the apprehensions of the absenting
Members were not altogether vain. Paragraphs 3–6 contain some
arguments by which H.E. saith he is convinced that the
suspended Members of the Councill encouraged the absenting
Members. [Quoted.] In answer to which, we intreat your
your Lordships to observe that H.E. proceeds from the beginning
upon a mistake, and misrepresents the matter, as will evidently
appear by the Minutes of the Councill, there never being by us
any such vote passed judging the absenting Members guilty
of a contempt of H.M. authority, which rather was esteem'd
to be an error than a willfull contempt, and a fault of the understanding not of the will, which was the vote that pass'd, and
the judgment not only of us four suspended Members but of
two of the eldest of the Councill, that are still continued and
only dissented to by the two youngest, and to prove this, desire
we may have the Minutes of the Councill attested, which we are
not now permitted to have. But we did not think these
Gentlemen were to be indulged in an error which might prove
prejudicial to the Island, or that they should pass without
censure, as H.E. seems to intimate, but we earnestly press'd
that the Assembly might be dissolved, that being the only
way we could think of to remove the stagnation of the
publick affairs by which the Island was so much endanger'd;
to which remedy, tho' constantly advised by us, H.E. and the
two youngest Members of the Councill were allways very averse,
saying that was what they themselves would be at, and would
be to punish the good with the bad, and H.E. proposing other
methods, sometimes that the absenting Members should be
sent home to the Queen, in order to which the Secretary and
Clerk of the Councill were commanded to search the Councill
Books, in relation to Judge Farmer, his being formerly sent
home; sometimes he proposed that they might be committed
for contemning the Queen's writ, at other times that they had
forfeited and abdicated their places in the Assembly, as
King James did the Crown, and that after the example of
England, it was lawfull for the other two parts of the Legislature
to supply their vacancies, and to issue out new writts for the
choice of others in their places. And so we had the misfortune
to fall under H.E. displeasure, because we could not so far comply
with his inclinations as to advise him to such proceedings as
were very extraordinary, and without any law or precedent,
that we could find, when at the same time it appeared to us that
a dissolution was most natural, effectual and only remedie; and
we are morally assured that such a dissolution would have had
a very good effect, and that other Members would have been
chose, who would have applyed themselves diligently to promote
the common safety. But that would not answer the designs
then on foot, it being very probable, the Island being generally
under strong apprehensions of the bad consequences of this
Bill, that those 12 gentlemen who had zealously promoted it,
would have been left out in the next choice, and others elected
in their places, who would have preferred the publick interest
before any private considerations. For that the body of the
Island in generall is so inclined, plainly appears by what happen'd at the Grand Sessions held upon the Tuesday after we were
suspended, and continued from June 13 for severall days after,
where notwithstanding H.E. had modell'd the Court as he
thought fit, by turning out or putting in what Justices he pleas'd.
And the Court so modell'd pickt out a Grand Jury of 15 out of
66 persons, so many being return'd for Jurymen for the whole
Island; yet 7 of the 15 could not be prevailed upon by all the
arguments the Court could use, who urged them very vehemently
to sign an Address to H.M., ready drawn up for them, wherein
all who were against the Bill, and the Members of the Council
lately suspended, were reflected upon as factious, and others of
them who did sign it, were prevail'd upon by extraordinary
solicitations contrary to their judgments. (5) We cannot discern
any inconsistency in the assertion (quoted by H.E., paragraph 5),
it being very possible that a man may be expert in military
affairs, who may not be so well inform'd in matters relating to
the Civil Government. And further, H.E. reports our opinion
we gave upon this question imperfectly, and in part only, as well
as what he says of that Member upon whom he seems to reflect,
as if he had said something absurdly, for we very well remember
what was then said by him, vizt., that he apprehended it then
to be the great business of the Board to provide a proper and
speedy remedy for those great inconveniences we lay under,
and dangers that threatened us, caused by the stagnation of all
publick affairs made by the absenting Members of the Assembly,
to which the turning any Members out of other Offices would
avail nothing at all as long as they were still kept in the Assembly,
and therefore again proposed a dissolution, in which opinion
all the Councill resident in this Island (except the two youngest)
agreed. This Member also said upon H.E. naming Col. Maycock
and Col. Kirton to be unfit for their employments, military and
civil, that he apprehended we were too much endangered already,
several regiments being unsettled by many of the cheif Officers
being turn'd out, and would be more. So by this means (which
is too sad a truth) yet neither did we absolutely dissent from
H.E., tho' we thought it inconvenient in this present juncture
to displace them, but only gave our opinion that since H.E.
had by the humble motion of the absenters given them libertie
and a few days' time to offer what they could to H.E. and the
Board in excuse for their absence, that H.E. might deferr these
censures till these gentlemen were heard, and afterwards proceed
as he thought fitt. (6) H.E. expresses his dissatisfaction with
our particular behaviour to himself, which we can (with a great
deal of truth) aver hath been always (as became us) with all due
respect and deference to H.E., of which no one instance (with
proof) can be given to the contrary, unless our dissenting in
some things wherein our consciences, judgment and duty to
H.M. directed us so to do, may be esteemed too great a liberty,
and interpreted a misbehaviour. We have not been wanting,
according to our best abilities, diligently and faithfully to
discharge the trust H.M. hath reposed in us; two of us, vizt.,
Major Lillington and Mr. Cryer, have been allways most constant
and early attendants upon H.E. in Councill, as all the Members
and Officers can testify, and the Minutes will make appear.
And the other two, vizt., Mr. Terrill and Col. Ramsay, living
more remote, and having been of late afflicted with sickness,
have attended as often as their health and contingencies of the
weather would permit, and in case of involuntary absence have
desired to be excused and signified their reasons. As to a
Councill not being made on June 6, Major Lillington was detained
at home by an acute and violent distemper; Mr. Terrill was
also sick, Col. Ramsay was prevented by the violent raines, which
fell the day before and the same morning, from coming so early
as he intended, and Mr. Cryer came early, as Mr. Sharp can
testify, with whome he came to Councill. To (7) we answer,
as farr as relates to our own behaviour, we hope that we shall
never have any opportunity of returning to our duty, either
to H.M. or H.E., having never yet (we hope) been guilty of any
violation of it; and shall be most carefull not to deviate from
it. And as for the tenderness and moderation H.E. seems to
insinuate that he hath been guilty of towards us, we are sorry
that he hath made it necessary for us to lay before H.M. and
your Lordships some particular instances in which we conceive
he hath acted quite otherwise, and in so doing departed from
several of H.M. Instructions, if his be the same that we find have
been given to some preceeding Governours. He communicated
to us one Instruction that the Members of the Councill shall
have and enjoy freedome of debate and vote in all matters of
publick concern. Besides some other instances wherein he hath
appear'd to be uneasy when we have taken this freedom, which
we have never done without all due modesty and deference to
H.E., he hath very much restrained that liberty which H.M.
hath graciously given us, particularly in that instance mentioned
in his Speech, wherein he proposed the question, whether the
absenting Members of the Assembly ought to have any other
place or trust in the Government. For tho' we thought there
was a necessity of censuring that error by a dissolution, yet
being very sensible that we were sufficiently exposed already
by the turning out the Officers of the Militia (which is now in
a miserable confusion), against whom H.E. was not pleased
to make any objection with relation to the discharge of their
duty in those posts, nor doth it appear that their greatest enemies
have anything to say against them in that point; and for that
we did not think it seasonable at that time by encreasing the
disorders of the Militia to expose ourselves further to the insults
of an enemy very near us and watchfull of all opportunities to
take us unprepared, and could not in conscience or judgment of
charity joyn with H.E. in pronouncing the absenting Members
guilty of a wilfull contempt of H.M. authority, disloyalty and
faction, when no instance was offered in all their other behaviour,
which lookt like anything of that nature, yet because we
could not depart from our judgment and conscience to comply
with H.E. inclinations in this point, he treated us with a very
unusuall severity, and told us with frowns that we were factious
and cowards, and afraid of displeasing the people, in a threatning
manner, saying, "Gentlemen, have a care," which we look
upon to be an extraordinary way of proceeding with H.M. Councill,
and in H.E. a manifest violation of H.M. Instruction before
recited, and to be altogether inconsistent with that patience
and moderation which H.E. commends himself for. We find
another Instruction that the Governor shall communicate to
the Councill such of H.M. Instructions wherein their advice
and consent is mentioned to be requisite, which H.E. hath not
thought fit to comply with, for we find another Instruction,
wherein, to prevent arbitrary removalls of Judges or Justices
of the Peace, it is provided that H.E. should grant all such Commissions with the advice and consent of H.M. Councill to fit
persons for those employments, which Instruction H.E. hath
not thought fitt to communicate to us, because he has no mind
to observe it. It would be very tedious to enumerate those
multitudes of instances wherein H.E. hath acted contrary to
H.M. Instructions, placing and displacing a great number of
Judges and Justices of the Peace, not only without the consent,
but against the advice of the majority of the Councill, and therefore we shall only trouble your Lordships at present with one
instance that was attended with remarkable circumstances,
and that was his making William Holder, Esq. (the Speaker of
the Assembly) Cheif Judge of Common Pleas for the Precincts of
St. Michael (the greatest Court in the Island), against whom
several Members of the Councill objected, as a person unfit for
that place and office, because there were very violent presumptions that Holder was never baptiz'd, that he never had taken
care that any of his children should be baptiz'd (being seven in
number), that he never received the Holy Sacrament, nor came
to Church at any time, unless upon the occasion of funeralls,
and that very rarely, holding no Communion with ye Church of
England or any other Christian Congregation, which objections
are not any of them as yet removed; and when three of the
Members of the Councill did not only dissent but desired their
dissent might be entred in the Councill Book, and the fourth
was going to give his opinion the same way, who made up the
majority of the Councill (there being then but seven present),
H.E. was pleased to tell us that tho' he ask't our advice, yet he
would not have us think that this matter should be determined
by votes, but that he would do in it what he himself thought fitt,
and that Holder should be judge, and presently call'd for a Commission that was ready drawn, ordered it to be fill'd up, and
Holder's name to be inserted, who now acts as Cheif Judge to
the great affront of our Church by law established, and discouragement of Christianity. We shall only trouble your Lordships
with one instance more, which (we doubt not) will plainly discover
to your Lordships the true reasons of our being suspended, and that
those assigned are but pretences, wherein H.E. hath not complyed
with a late Instruction from the Queen (Aprill 20, 1703). This
Bill for the raising of standing forces is an evident breach of
H.M. command that no Governor should pass any Law for, or
receive any gift to be made either by the Assembly or others
upon any account in any way whatsoever; this Bill if passed,
being in effect a standing present to H.E. of at least 3,000l. per
annum, so much at least, by an exact calculation the highest
rate for provisions being allow'd, appearing to remain after all
the appointments of the Bill are complyed with, which calculation hath been made by several skilfull in accounts, and amongst
the rest by a certain gentleman of this Island of a very considerable intrest, who offered that in case he might be made
Paymaster of the Forces, he would comply with all and singular
appointments contained in the Bill, and be obliged to pay
annually into the Publick Treasury the summ of 3,000l., during
the time he should continue so. And this is the reason that it
became impossible for any person who was not a favourer of
this Bill to be in favour with H.E., and it is a very plain case
that H.E. suspicions of our not being such was the true reason
of our being suspended from the Councill, and this made H.E.
so fond of this Assembly that he would not be prevail'd upon
to remove those disorders, and that dangerous stagnation of all
publick business which he so much complains of, by a dissolution,
when he might have had another Assembly in three weeks,
because 12 of them (the majority of 22) were resolved to prefer
this Bill before all other affairs. And it is very plaine they did
so, for tho' the Bill was speciously laid by for some time, yet
the necessary publick affairs were as much neglected as before.
And those 12 gentlemen would always proceed upon such things
as tended to facilitate the passing of the Bill, as the altering
of the Quorum of the Assembly from 15 to 12, or upon a Bill
for regulating elections, in order to the modelling of the next
Assembly, and in the meantime our intrenchments and
fortifications lay as much neglected as ever; whilst only private
considerations took place, and the publick was in nothing
provided for. And this (no doubt) was the reason of H.E.
arbitrary displacing so many old officers both military and civill,
to the great encreasing of our confusions and danger, none being
promoted but the favourers of the Bill, nor any kept in office
who opposed it, this one qualification being sufficient to recommend persons not otherwise extraordinarily qualifyed to places
of honour and trust, and the want of it to displace gentlemen
of the greatest worth and merit. The cause of the Bill, as appears
by the preamble, did proceed from the hardships the inhabitants
lay under by H.E. appointing guards in all the forts etc. without
the advice and consent of the Council, which is positively contrary
to the 38th clause of the Act of the Militia for this Island, which
illegal proceedings are punishable by an Act of King William III.
to punish Governours of Plantations in this Kingdom for crimes
by them committed in the Plantations. We lay before your
Lordships, how precarious and insignificant H.M. Councill in
Barbados is made by the Governour, and how uncapable to
render H.M. those services she expects from them, to promote
anything for the good or to oppose anything that tends to the
detriment of the publick, whenever private interests stand in
competition with it, or to hinder the oppression of H.M. good
subjects here, when any Governour to serve a present turn, upon
any pretence he shall please to frame, can suspend what Members
at the Council he pleaseth, without sending his reasons first
to H.M., and put in such others as he shall think fitt, and will
assume an arbitrary power without the consent and contrary
to the advice of H.M. Council (which is the present case) of
placing and displacing all officers, military and civil; by which
means he will be able to influence and overawe the freeholders
in the choice of their Representatives, and so purge and pack
the Queen's Council and make such an Assembly as he shall
think fit. By this means H.E. becomes arbitrary, and absolute
maker and disposer of the lives, liberties and estates of all H.M.
subjects here, and contrary to H.M. most gracious intentions,
may under the pretence of law exact what summs he pleases from
them, and wholly make void that her gracious design for the
ease and good of her subjects here, in advancing the Governor's
salary to 2,000l. per annum, which she is pleased to express in
her letter to be this, vizt., that the Assembly of Barbados may
have an opportunity of applying those large summs which they
usually gave in presents to the Governours, towards such other
publick uses as may be most necessary for the defence and
safety of the said Island etc. (April 20, 1703). We hope it will
appear plain to your Lordships (for we have asserted nothing
here but what we are able to make appear upon oath, if liberty
be granted of taking depositions which we humbly pray for)
that our willingness that these good intentions of H.M. towards
her good subjects here should not be evaded, was the real occasion
of our being suspended, and not any faction in us, the promoting
of which we utterly abhor. And whereas we have upon June 26
given in our answers to H.E. reasons assigned for his suspending
us, and at the same desired that we might have copies of
any proofs taken against us (if any such there were) in order to
be transmitted home to your Lordships together with our answers,
according to H.M. Instructions, since which H.E. hath said
nothing further, We therefore most humbly pray your Lordships,
that if H.E. should offer or make any further complaints against
us, we may have copies thereof, and time and liberty to make
our defence thereto, and if liberty be granted for the taking
depositions, we doubt not but our innocence will plainly appear,
and that the before mentioned, and a great many more enormities,
have been acted on the other side. And as our hearts are full
of loyalty, and possest with the deepest sence of gratitude to
H.M. for the great advantages we reap by her good and gentle
government, so nothing could more sensibly afflict us, nor wound
us deeper, than the apprehension that H.M. should esteem us
capable of the least disloyalty or disobedience etc. Signed,
Geo. Lillington, Michael Terrill, David Ramsay, Ben. Cryer.
Endorsed, Recd. Read Sept. 26, 1704. 9 large pp. Enclosed, |
|
431. i. Governor Sir B. Granville's Speech to the Councill
of Barbados (referred to in preceding). Present, the
Hon. Geo. Lillington, William Sharp, Ben. Cryer, Robt.
Johnston. June 7, 1704. "(1) The heats, confusion
and animosities that are now and have been for some
time amongst the inhabitants of this Island have
appeared plainly to owe their rise and occasion to the
absenting of severall Members of the Assembly from
their House in contempt of the Queen's authority and
breach of the trust reposed in them by the people, and
that their obstinately refusing to doe their duty has
given a stagnation to all business of the greatest moment.
(2) I must be plaine to tell you that I have good reason
to beleive such practices have rather been incouraged
than discountenanced by severall Members of this
Board, and your behaviour upon application made to
you concerning the absenting Members of the Assembly
is a convincing proofe of it. (3) Notwithstanding
that a vote passed here judging such Members guilty
of a contempt of H.M. authority and breach of their
trust, yet it was the opinion of some of you that such
Members should not be farther censured, but that
tryall should be made whether they would returne
to their duty or not, and tho' this favour was granted
to them, and also their owne termes from the rest of
the Assembly, contrary to all reason or precedent,
they being the lesser part of that body, yet they have
persisted in the same crime, and after many weekes
had beene spent notwithstanding of repeated summons
from me, and severall adjournments of ye major part
of ye Assembly, yet their absenting themselves hindred
that body from doing the business of the Island, which
was indispensibly necessary. (4) Upon this account
twelve of the Members represented the condition of
the country, and that the occasion of all the misfortunes
that had happened and might befall the Island ought
to be laid at the doors of the absenting Members, and
not to theirs, for they had given their constant
attendance. This Representation was read and entred
in the Councill books, and another vote past censuring
the absenting Members in the same manner as before,
and when I proposed the question desiring your advice
and opinion (5) whether they ought to have any trust
in the Government, yet severall of you were soe farr
from concuring with me that it was said by one of you
that a man might make a good officer in the Militia,
and at the same time be unfit for an Assembly man,
and four more of you refused to pass any further censure
upon them. Whatever meaning you may put upon
this behaviour, I can take it to be noe other than a
justification of those you have judged guilty, and it
seems to me a strange contradiction, that a man who
has been declared guilty of contemning the Queen's
authority, and breach of trust to the people in one
capacity, should not onely be suffered to goe unpunished,
but be thought fitt to be trusted in another. (6) As
I am not satisfied with your behaviour in these matters
for the reasons I have given you, neither am I so in
your particular carryage to me, and I can look upon
your often absenting yourselves from this Board, and
your frequent attending at houres so much later than
ordered noe other than a contempt of my authority,
in violation of the trust H.M. had done you the honour
to put in you, and I must particularly take notice of
your not makeing a Councill on Tuesday last when
you were so expressly enjoyned by me to do it, and
upon matters of so much concerne to H.M. service and
the interest of this her Island. (7) I have hitherto
used all moderation and waited many months with
patience to see if men would returne to their dutys,
my doing so has had effects contrary to my expectation,
and rather encreased than removed these disorders.
Seing therefore your forts and intrenchments, which
are your defence against an enemy powerfull and neare
you, are in so bad a condition, the debts of the Island
many and growing, the matrosses sterved, criminalls
escaped for want of a gaol, and every man thereby
encouraged to do what mischeife he thinks fitt, in a
word, which way soever I look the Queen's subjects
in danger, seeing, I say, that these and many more
misfortunes which attend us are all occasioned by the
neglect and refusall of severall Members of this Government doing their duty, and that H.M. will require from
me principally an account of the administration of
this Government, I doe now think it my duty to make
use of the power and authority shee has been pleased
to lodge in me, for the peace, good government and
preservation of this her Island, and the inhabitants
thereof, and doe by virtue of that and for the reasons
above mentioned as well as for some others (which shall
be entred in the Councill Books) suspend the Honble.
George Lillington, Michael Terrill, David Ramsay,
and Benjamin Cryer, Esqrs., from being Members of
H.M. Councill of this Island." Then H.E. was pleased
to declare that he did suspend George Lillington, Esqr:,
for encouraging faction, and his name being in H.M.
Instructions called Richard Lillington, when his name
is George Lillington; Mr. Terril for encouraging faction
and not attending in Councill; Col. Ramsay for
encouraging faction and not attending in Councill;
Mr. Cryer for encouraging faction, for not attending
as he ought to doe in Councill, and for his marrying
people without any licence from H.E. in breach of H.M.
power exprest in her Patent. Copy. 2½ pp. [C.O. 28,
7. Nos. 35, 35.i.; and 29, 9. pp. 7–47.] |
July 2.
Barbados. |
432. Governor Sir B. Granville to the Council of Trade
and Plantations. A pacquet boat arrived here June 29 and
brought me your Lordships' commands of May 4, those relating
to the not sending away an advice boat to General Codrington
when Commadore Walker was here, I will strictly examine into
and give your Lordships a very exact account by the next
ordinary. I believe it will prove to have bin the effect of those
differences and animosities have bin for some years past amongst
the people of this place, and which I found them in. I have
labour'd all I could to reconcile and unite them in which having
fail'd, I am endeavouring now to root out the seeds of these
dissentions then which nothing has nor can be more pernicious
to this place. Upon this occasion I don't doubt but I shall be
clamour'd at before your Lordships, being opposed by those
who, tho' being but few, are however the persons who had
wrested the whole managements of affairs here into their hands,
and the power too, which they have made use of towards repairing
their broken fortunes, impoverishing the Island and endangering
H.M. authority. The mony and the labour which has bin given
by this country for the encrease and repaire of their fortifications
amount to excessive sums, and yet they look like abandon'd
places. I have laboured all I could to bring this matter into
a true light and was in hopes I should before this have laid it
clearly before your Lordships, but these persons have turn'd
themselves every way to prevent me, and not stuck to raise
factions against me both in the Council and Assembly, but I
have now carried it so forward that I may promise myself very
speedily to give your Lordships the full informations of the rise
and progresse of these evill practices and afterwards hope by
your Lordships' directions such a settlement may be made here
that shall be lasting for the good of the people, interest of
England and H.M. service. As to what relates to the publick
transactions here, I must refer myself to the Minutes of the
Councill. Tho' by my Instructions I am directed to send them
but every three months, I have found it necessary to send now
what has bin done since [my last sending of them], it being from
them your Lordships will best discern the present condition of
this place as well as temper of the people; your Lordships will
see by them that I have suspended four of the Members of H.M.
Council and the occasions of it, in which I have acted with zeal
to H.M. service, resisting all temptations to divert me from
my Duty: the answers those gentlemen have given me were
put into my hands so late, that they could not be copyed now,
nor my reply to them, nor what is farther to be said in this matter,
but shall all be prepared for the next pacquet-boat. The
gentlemen I have put into the Council in the room of them I
have turned out are three, being by my instructions directed
to fill them up allwaies to seven, Col. Abel Alleyne, who as the
first of 'em is one of the gentlemen of the best reputation and
estates in the Island, a man of great honesty and integrety, whose
interest here is the most considerable of any man's whatsoever,
having a numerous family all grown up, his sons masters of
estates of their own equall to most, and his daughters married
to some of the best estates of the Island. Col. Cleeland has a
very considerable interest and estate, of known honesty and
integrity, has long bin settled upon this place and bin formerly
in some of the chief employments: amongst the rest and is fitt
to be encouraged here. He went the last war upon the expedition
to Martinique Lieut. Colonel to those men that went from this
Island and behaved himself very bravely. Mr. Callow is a
clergyman, Rector of St. Phillip's, and beleiving it to be H.M.
intentions that one of the clergy should allways be of the Councill,
having observed it to have constantly been so of late, I put him
in, he being also every way else qualified for it. He is a man
of an exemplary life and conversation (which is hardly to be
said of any other here), very well allyed in England, very easy
in his circumstances, having by his industry since his being
here acquired a very hansome fortune. He is free from all law
suits, and so are the other two, more than any persons I know
in the Island, whereas those I have turn'd out were involved
in many, and for that reason tho' I have sat oftener in Chancery
than any Governor has don before me, there has as little buisnesse
bin don, it being their interest to raise delays and carry matters
into length. I don't doubt but the successe this proceeding of
mine will have both in the dispatch of matters of Justice as well
as of all other publick buisnesse will justifye me in it, and that
these gentlemen I have put into the Council will deserve your
Lordships' confirmation. Upon the whole matter I must desire
leave to make this declaration, that I have acted on this occasion
with all resignation to H.M. service in discharge of the trust
she has done me the honour to confide in me, and that I allwaies
will doe so, ever esteeming H.M. favour my greatest Riches and
my greatest fortune. I have your Lorps'. farther commands of
May 4, wth Mr. Attorney General's opinion about Manasses,
and the stores demanded by the agents, it is what I was not
consulted in, and if I had I believe it would not have been my
opinion to make such large demands of that kind, as for the
24 pounders I should be glad of them, but for the rest of the great
ordnance, as it amounts to a great sum, so I beleive at this present
it might be laid out more for the advantage of this Island as well
as that for the small arms, which are generally what the people
of this place furnish themselves withall, and will not want tho'
they buy it out of their mony, and besides a greater magazine
of stores than can be for present use is improper here, the rust
spoiling all iron, the vermin destroying all wood and other
materials, and waste made when there is anything superfluous.
In your Lorps'. letters Feb. 16 last there is mention made of
copies of commissions and instructions for privateers to be sent
me, notwithstanding there has not any such yet come to my
hands. Signed, Bevill Granville. |
|
P.S.—As I was sealing this letter the Blackwall came in from
her cruize and brings an account that between Guadaloup and
Antego (where he had put in for wood, which is very scarce here)
he saw two French men of warr, one of 60 and the other of 36
guns; that they bore down upon him, but could not come up
with him; he was inform'd at Antego that these two men of
war came about a month since to Martinique convoy to a fleet
of 18 sail of merchant ships. Endorsed, Recd. 9, Read 19 Sept.,
1704. Holograph. 8 pp. [C.O. 28, 7. No. 36; and 29, 8.
pp. 474–481.] |
| July 3. |
433. Governor Dudley's Proclamation for permitting a
trade to the Spanish West Indies. Two printed copies. [C.O. 5,
751. Nos. 52, 52.A.] |
July 4.
Whitehall. |
434. W. Popple, jr., to Mr. Burchett. The Council of Trade
and Plantations having under consideration a Report to be made
to H.M. upon Jamaica, desire to be informed what Naval strength
is at present there. [C.O. 138, 11. p. 284.] |
July 4.
Admiralty Office. |
435. J. Burchett to W. Popple. Reply to above. Naval
strength at Jamaica: Norwich (4th rate), Anglesey (A.),
Experiment (5th), Seahorse (6th, lost). These are under orders
for England: Fireships, Earl, Harman; sloop, St. Antonio;
hulk, Lewis. Gone thither: Guernsey (4), Nonsuch (4),
Mermaid (5), Deal Castle (6). Signed, J. Burchett. Endorsed,
Recd. Read July 5, 1704. Addressed. 1 p. [C.O. 137, 6.
No. 57; and 138, 11. pp. 284, 285.] |
July 4.
New York. |
436. Roger Mompesson to the Earl of Nottingham. In
reference to H.M. commands as to Lord High Admiral's dues and
the proceed of prizes. Lord Cornbury dos take all due care in
this Province and New Jersey, which will tend to ye prejudice
of ye Trade of these Provinces, if the Govmt. of England dos
not speedily prevent the abuses in ye Proprietary Governments,
for now most Prizes are carryed thither, particularly to Road
Island, for H.M. and ye Lord High Admiral's dues are sunk
there. Before I was concerned there, the Governor and Council
took upon them to determine Admiralty causes. And Governour
Cranston pretended to grant commissions to privateers, and by
colour thereof a prize was taken and brought into Road Island
and condemn'd and adjudg'd a prize to ye Captor. This was
since Col. Dudley was Vice-Admiral there; 'tis true indeed at
first he oppos'd the proceedings till his son as Advocate recd.
50 or 60 pieces of eight etc., and then he suffered them to go on
to condemnation. And one Tongerlon, a Frenchman or Dutchman never naturalized, has lately recd. the like Commission,
and has taken 5 or 6 prizes, Dutch Curaso traders, one of them
is sent in already to Road Island, and ye others are dayly
expected. They did in all things behave themselves at Road
Island when I was there as if they thought themselves out of
ye dominions of ye Queen. And till they are reduc'd to their
due obedience to ye Crown, the Royal Goverments will suffer
very much in Trade. There may be legal ways found for bringing
these people to better obedience, notwithstanding their Charters,
perhaps by Commissions of Enquiry for informing the Parliament,
or for grounding a sciri facias agt. their Patents. And I doubt
not but many of the powers wch. they exercise will be found
to be usurped without any pretence of Law, etc. In the meantime it seems to me that the Governours of Connecticut and
Road Island, who are chosen every year and act without ye
Royal Approbation, or taking ye oath etc., forfeit for every year
1,000l. sterl. by the Stat. 7 and 8 Wm. III. c. 22, and that the
same may be recovered in the Court of Admiralty in the Plantations.
But 'tis a matter of so great concern that I would not direct such
a prosecution before me in Connecticute without the direction of
ye Government at home. As for Road Island, I have nothing to
do with it, Col. Dudley having gotten my Commission superseded for that place as well as for Massachusetts Bay and New
Hampshire for his friend Col. Byfeild, a true New England man,
a mercht. and independent elder or deacon. But if my Commission were continued for that place, I doubt how far I or any
man living could pretend to be serviceable to ye Crown or Church
of Engld. under the command or influence of Col. Dudley; or
how there can be any due prosecution whilst his son is Attorney
or Advocate Genl. there. Instructions alone from England
will not be sufficient. New and larger powers must be given
to persons that are willing and able to doe the Crown and Church
of England service, and that very speedily, for antimonarchical
principles and a malice to ye Church of England dayly encrease
in all those places where ye magistracy encourage them, wch.
is done in most Proprietary Govermts. not omitting Boston.
And to my own knowledge some of their leading men already
begin to talke of shaking off their subjection to the Crown of
England. |
|
As to a strict enquiry after Pyrates and goods pyratically
taken. My Lord Cornbury has made some progress therein
in ys. Province and New Jersey. And I doubt not but in a
convenient time a good account will be given of ye same. But
the neighbouring Colonys, especially Road Island, have more
of such effects amongst them. I began to be prying into them
whilst I was there, wch. I believe hastned the superseding my
Commission. The persons concerned are rich and wealthy
men, and should any prosecution be set on foot against them,
whilst the Goverment is there in the same hands as now, both
on land and sea, the pyrates would be in less danger then the
prosecutors or impartial judges. And tho' Col. Dudley has
condemned 14 or 15 pyrates on a Commission near 2 years since
expired, yet men that will make law and justice their guide
expect a renewal of yt. Commission before they proceed in any
such causes. Signed, Roger Mompesson. Endorsed, R. Aug. 11,
1704. Holograph. 4 pp. [C.O. 5, 1091. No. 12.] |
| July 4. |
437. Sir G. Heathcote and Sir B. Gracedieu to the Council
of Trade and Plantations. In reply to your Honors' desire for
for an account from us of the present state of Jamaica, both
as to its land and sea force. As to what concerns the two
Regiments, Capt. Gardner, their Agent, can give you the most
exact account; what we have further to offer is, that the
recruits and the intended additional Companys may be
immediately sent, for if they should now begin upon it, they
cannot arrive there till Oct., which is a healthy time, altho'
thank God the Island is now very healthy, and as it used to be
in former times. 'Tis the more necessary that they should
be dispatch'd, the men of war for these many yeares last past
having made such havock in the Island by pressing, that they
have scarce left white men enough to defend themselves against
thei own negroes, for 'tis not only to be considered what they
have taken off the Island, but the vast numbers they have frighted
away from it, as may now be more particularly seen by the many
hundred English seamen fled to the Dutch Settlement at Curassoa,
and the Island hath had no supplys, for, for fear of this pressing,
neither English seamen nor seamen of any other Nation will come
near it; next to the judgment of the earthquake and the sickness
that followed it, this hath been the great occasion of the Island's
being reduced to this miserable condition. As to the men of
war, by the last advices there were only three small frigats there,
and four more have been sent since, but those three friggats
and we suppose one of the last four, are by this time sailed from
thence convoys to the fleet of merchant ships for England. So
there will be but three small friggats left there. As to what
will be necessary for its defence, we can only say that that is
to be proportioned to the strength the enemy shall bring against
it, which we fear will be considerable, for it lying in the heart
of the Spanish Dominions and seated right to gaule them on every
side, now that they know the weakness of the Island, it may
be reasonably beleived they will no longer neglect the drawing
this thorn out of their side, all our letters from thence telling
us that, by the prisoners and other intelligence, the French and
Spaniards had jointly formed a design upon them. It is highly
necessary for the safety of that Island, and also to disturb the
French in their trade, that six or seaven frigats more be sent,
and that if the French make preparations of a considerable fleet
for those parts, that a further naval strength in proportion to
theirs be also sent thither. We are informed by persons that
have lived long in that Island, that for the safety of Port Royal
it will be necessary that a couple of fire-ships be sent well equipt
and kept continually in that Port during the war. Signed,
Gilbert Heathcote, Bartho. Gracedieu. Endorsed, Recd. Read
July 4, 1704. 1½ pp. [C.O. 137, 6. No. 56; and 138, 11.
pp. 280–283.] |
July 6.
St. James's. |
438. Order of Queen in Council. Upon Representation
on the case of Peter Van Belle [June 13], Ordered that the Council
of Trade and Plantations write to Governor Sir W. Mathew
accordingly. Signed, John Povey. Endorsed, Recd. Read
July 13, 1704. ¾ p. [C.O. 152, 5. No. 74; and 153, 8.
pp. 326, 327.] |
July 6.
St. James's. |
439. Order of Queen in Council. The heir of Major General
Selwyn is permitted to receive the 2,000l. [see June 21]. Signed,
John Povey. Endorsed, Recd. Read July 14, 1704. 1 p. [C.O.
137, 6. No. 58; and 138, 11. p. 293.] |
July 6.
Whitehall. |
440. Council of Trade and Plantations to Mr. Secretary
Hedges. Reply to letter of June 16 (q.v.). Quote Capt. Gardner's
account of the Regiments (June 27). According to the Establishment, two intire Companies are to be added to each Regiment,
and the several Companies now at Jamaica to be made up 59
men in each (servants included), so that 420 men are wanting to
compleat the same, as also 4 intire Companies, for the raising
of which 4 Companies orders have been issued some time past.
And we are humbly of opinion that as well the necessary recruits
as the said additional Companies be dispatch'd with the greatest
speed, the season of the year being now proper for their going
thither. As to the sea force, we are inform'd that there are at
present there 2 fourth rates, 1 fifth and 1 sixth rate. Sir B.
Gracedieu and Sir G. Heathcote propose that 10 ships of war
be appointed for the constant guard of that Island during this
time of war; but we are of opinion that the increase of the
Naval strength will be best determined by H.R.H. the Lord High
Admiral. Upon the application of the said Agents, we humbly
offer that the ships of war to be sent thither have their highest
complement, that they may not be obliged to take off men for
their supply from that Island, etc., as quote their Memorial July 4,
"which agrees with the information we have received from
the Governor." [C.O. 138, 11. pp. 286–288.] |
July 6.
St. James's. |
441. Order of Queen in Council. Refer enclosed petition
to the Council of Trade and Plantations, who are to write to
the Governor of Barbados, taking notice of the delays and
obstruction of Justice complained of and requiring him to take
care that the administration of justice be there expedited in the
petitioner's case as the Law requires, as also signifying that,
if Thomas Maycock, therein referred to, do by means or under
the protection of the offices he enjoys continue to impede or
obstruct the course of Justice in the present case, the Governor
do suspend him from the place of Judge and all other offices
until the cause or causes in which Maycock and the petitioner
are concerned shall be determined. Signed, John Povey.
Endorsed, Recd. Aug. 6, Read Oct. 19, 1704. 1¼ pp. Enclosed, |
|
441. i. Petition of Thomas Foullerton of Lincoln's Inn, Esq.,
to the Queen. In 1693 petitioner and John Farmer
and Joyce Keid did let a plantation in Barbados to
Thomas Maycock, John Waterman and John Beninger,
at a yearly rent of 750l. They did not pay the rent,
but abused and destroyed the plantation and negro
slaves thereunto belonging in a barbarous manner,
insomuch that petitioner's attorneys, after the death
of Beninger, were forced to compound with Maycock
and Waterman to get the plantation out of their hands.
On the surrender, Maycock and Waterman submitted
all their differences to arbitrators, who reported 1,547l.
to be due to petitioner. But such is the injustice of
Maycock, since Waterman's death, that tho' petitioner
hath his bond and covenants etc., he can neither get
one penny, nor bring Maycock to trial in any Court,
Maycock being Chief Judge of one of the Courts of
Common Pleas in the Island and Colonel of a Regiment and
a Justice of Peace, by means of these great offices he
finds ways to keep your Petitioner from any trial at
Law or in Equity. Prays H.M. directions that Maycock
may no longer by means of his great offices shelter
himself from Law and Justice, etc. Copy. 2 pp. [C.O.
28, 7. Nos. 37, 37.i.; and 29, 9. pp. 61–66.] |
July 6.
St. James's. |
442. Order of Queen in Council. Referring enclosed petition to
the Council of Trade and Plantations for their opinion. Signed,
John Povey. Endorsed, Recd. Read July 10, 1704. 1 p.
Enclosed, |
|
442. i. Peter Sonmans and William Dockwra for themselves
and the rest of ye Proprietors of the Eastern Division
of the Province of Nova Cæsarea or New Jersey to the
Queen. Staten Island lies within the boundary of the
land granted to the Proprietors by the Duke of York,
1682. The Governor of New York claims and keeps
possession of it in right and for the use of your Majesty.
Pray for the hearing and finall determining of the matter.
Endorsed, Recd. Read July 10, 1704. 2 pp. [C.O. 5,
970. Nos. 21, 21.i; and 5, 994.A. pp. 168–171.] |
July 7.
Jamaica. |
443. H.M. Instructions for Col. Handasyd, Governor of
Jamaica. [C.O. 138, 11. pp. 195–256.] |
July 7.
Whitehall. |
444. Council of Trade and Plantations to Mr. Secretary
Hedges. It being necessary that an Instruction be sent from H.M.
to the Governors in pursuance of a late Act of Parliament relating
to the navigating of ships, we pray you to present the enclosed
Instructions [see July 17] to H.M. for her royal signature. Signed,
Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior.
Autographs. 1 p. [C.O. 5, 3. No. 17; and 324, 8. p. 476; and
38, 6. p. 15; and 5, 726. p. 283.] |
July 8.
Jamaica. |
445. Governor Handasyd to the Council of Trade and
Plantations. There is a great fleet of merchant ships to saile,
being in number 52, besides the men of warr that are to convoy
them etc. I have sent all the French prisoners that were left here
to England by the Fleet and the Spanish I have kept in hopes to
have them exchanged, which may obliedge the Spaniards, who seems
to be inclinable to the House of Austria. I have communicated
Lord Nottingham's letter to the Council, who have given notice
to the merchants about trading with them etc. This island is at
present very healthy and very quiett from any attempt of the
enemy, since they have mett with soe many disapointments, and
soe many of their ships and sloops taken, and those that have
attempted to land have had their bones very well paid, and a
great many of them killed and the rest made prisoners of warr.
Signed, Tho. Handasyd. Endorsed, Recd. 28 Sept., Read
12 Oct., 1704. Holograph. 1½ pp. [C.O. 137, 6. No. 59;
and 138, 11. pp. 333, 334.] |
July 8.
Antigua. |
446. Governor Codrington to the Council of Trade and Plantations. Returns thanks for the great civility of your Lordships' of
May 4, as well as for all your former favours. The Ministers and ye
Nation too I find are easily satisfyed as to ye affair of Guadaloupe,
as well as other expeditions. Somebody has been to blame, I was
executed and then acquitted, but Truth will appear in time and
miscarriages prevented, for ye Nation does not seem to have either
blood or treasure to be threwn away. Something considerable
might have been done for ye service of England in America,
but ye opportunity is irretrivable. I have not been wanting
in my little station and might have been made more usefull. I
am glad yr. Lordsps. approv'd ye Act of Courts. I am sure 'tis
a good one, for 'twas ye effect not only of my reflections but my
experience. I sent yr. Lordsps. home some Acts from St. Kits,
one very good one for the recovery of ye Ministers' dues, a matter
yt. has given me much trouble. I coud never imagine why my
Lord Bishop did not approve our genll. Act, which I acknowledge
(and with pride) was wholy my own,—ye best of ye clergy
have thankt me for it and ye rejecting of it has been a prejudice
a very signal one to Religion, and must be accounted for at ye
day of judgement. One objection yt. ye Act allowed noe appeal,
with submission to ye Attorny Genll., seem'd to me a jeast, for
is not a freehold of 130l. per a year worth 500l.? But I provided
yt. even tho' there should be no appeal, ye Bishop shoud have
an exact acct. of wt. had past. I send your Lordships some Acts
from hence, one for Monks Hill and one for ye Chancery, which
I hope will please yr. Lordsps. because 'tis chiefly my own, that
or some wt. like it is absolutely necessary. There is but one
thing in it I suspect, which is concerning ye 2 seals, but I coud
think of noe expedient. I beg this parting favour of yr. Lordsps.
yt. if you shoud not wholly approve it, you wd. however not
repeal it till I have ye honour of seeing yr. Lordsps., wch. will
be as soon after Xtmas as I can get a good passage from these
Islands or Barbadoes. Signed, Chr. Codrington. P.S.—We
have yet noe news of ye Fleet. I shall receive ye General
as hansomly as I can. Endorsed, Recd. 9th, Read 21st Sept.,
1704. Holograph. 2¾ pp. [C.O. 152, 5. No. 75; and 153, 9.
pp. 38–40.] |
July 10.
Whitehall. |
447. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclose Capt. Lloyd's report, etc. of May 13. [C.O. 195,
3. p. 336.] |
July 10.
Whitehall. |
448. Council of Trade and Plantations to the Queen. Summarize Governor Dudley's recent reports of the present state of the
Massachusetts Bay and New Hampshire. Recommend his application for 500 small arms, "which would be of great assistance to the
friend Indians, who cannot purchase them, and encourage your
Majesty's subjects to defend themselves . . . . He again complains
of the Government of Rhode Island and Lord Cornbury of
Connecticut. Whereupon we humbly observe that in July, 1694,
the then Attorney and Solicitor-General did report in the like
case that upon an extraordinary exigency happening through the
default or neglect of a Proprietor, or of those appointed by him,
or of their inability to protect or defend the Province under their
Government and the inhabitants in time of war or universal
danger, H.M. might constitute a Governor of such Province, as
well for the civil as military part of Government, and for the
protection thereof and of his subjects there; which upon the
present occasion is humbly submitted to your Majesty's consideration." [C.O. 5, 911. pp. 358–364.] |
