840. Mr. Attorney and Mr. Sollicitor General to the Council
of Trade and Plantations. We have considered what method
may be proposed for punishing such Members of the Assembly of
Barbados as wilfully absent themselves from the said Assembly
etc. [see Oct. 27, 1704]. The Assembly in Barbados begun and
hath been continued by virtue of the Commissions granted from
time to time to the Governors of that Island by H.M. Predecessors
and by H.M., whereby the Governour is inabled, by the advice of
H.M. Council there, to summon and call General Assemblies of the
Freeholders and Planters there, and with the advice and consent
of the said Councill and Assembly or the major part of them,
to make laws for the publick peace, welfare and good government
of that Island, and the number of persons of the Assembly being
22, 12, being the majority of them, is sufficient to be present,
and the appointing 15 to be necessary, which was done by an
Order of the Assembly, as we are informed, and not by order
of H.M. or her Predecessors, or by any Act of the Assembly
confirmed by H.M. or her royall Predecessors, is irregular, and
could not alter the quorum appointed by H.M. Commission.
As to the case of the absenters, we are humbly of opinion, that
they being chosen and having accepted of the places and acting
in the Assembly, and wilfully absenting themselves, without
any just occasion, to the total obstruction of all business, they
are guilty of an high misdemeanor in the execution of the trust
in them reposed, and contempt of H.M. royal authority; And
there being no power expressly lodged by H.M. in the Assembly
to punish such offences, they may be proceeded against in H.M.
ordinary Courts of Justice there, and punish'd by fine and
imprisonment. But whether a prosecution of an Assembly-man
in the Courts of Justice of that Island, without any application
from the Assembly to H.M. or her Governor there for that purpose,
may not tend to H.M. disservice by creating an uneasiness in the
present and all future Assemblies, and occasion an unwillingness
to serve therein, is most humbly submitted to H.M. Signed,
Edward Northey, Sim. Harcourt. Endorsed, Recd. Read Feb. 7,
1704/5. 2 pp. [C.O. 28, 7. No. 80; and 29, 9. pp. 148–151.]
841. J. Burchett to Mr. Popple. Orders have been sent to
Capt. St. Loe and Lt. Wanley as desired Jan. 26. Signed, J.
Burchett. Endorsed, Recd. Read Feb. 5, 1704/5. Addressed.
1 p. [C.O. 28, 7. No. 79; and 29, 9. p. 147.]
842. Mr. Popple to Mr. Clifford. In reply to Jan. 17 and 26.
842. i. Council of Trade and Plantations to Messrs. Shepperd,
Gardner and Oosterland. We pray you either to
make a speedy report or return Mr. Clifford's accounts
etc. [C.O. 389, 36. pp. 238, 239.]|
843. Mr. Jenings to the Council of Trade and Plantations.
Prays for some further consideration for his services. Signed,
E. Jenings. Endorsed, Recd. Read Feb. 2, 1704/5. 1 p. [C.O. 5,
1314. No. 37; and 5, 1361. pp. 48, 49.]
844. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclose extracts from Governor Dudley's letter, July 13,
1704, relating to pirates etc., to be laid before H.M. etc. [C.O. 5,
911. p. 448.]
845. John Yeamans to the Council of Trade and Plantations.
Lt. Gov. of Antigua since Sept. 7, 1702, prays for an order from
the Lord High Treasurer for his salary in accordance with the
Order in Council April 10, 1703. ¾ p. Annexed,
845. i. Certificates that Lt. Gov. Yeamans has not taken
any manner of gift from the Council or Assembly.
Signed, Tho. Kerby, Depty. Sec. and Clerk of the Council,
Francis Rogers. Feb. 5, 1704. 1 p. The whole endorsed,
May 30, 1705. [C.O. 152, 6. Nos. 13, 13.i.; and
153, 9. pp. 233–235.]|
846. Lt. Governor Johnson to the Council of Trade and
Plantations. I am now to answer your Lordships' letter directed
to Sir W. Matthews, Nov. 30. He arrived at his Government
July 14, and his Commission was published the same evening at
Antigua, and dyed Nov. 4. I cannot find any collection of laws
in a readiness to be sent your Lordships. The great complaint
here is against Secretarys and Marshalls, and it's in every body's
mouth, that till these imploys are put on a better foot, it signifies
very little whether there are any laws or not. Everyone will
be very glad here that your Lordships have represented the
pernitious consequence of the trade of St. Thomas, besides other
ill effects, these Islands are really in very great danger by the
continuall corrispondence, which is so easily and certainly carryed
on by that conveyance, so that indeed nothing we can do can
possibly be kept secret for a week. The other friggat your
Lordships' promise is very much wanted; these poor Islands
have suffered more in their trade than can well be borne or indeed
exprest. I most humbly thank your Lordships for that part
of the letter which relates to myselfe, I shall in that station and
in the general Government do my best for the Queen's service,
being tyed up by a particular Instruction shall not be much
troubled with considering laws, therefore the more strenuously
apply myself to the millatary part. I have again made
Mr. Brodrick Attorney General upon Mr. Nichols' death, having
no other person fit for that post in these Islands, 'twas not without
difficulty he could be prevailed with to undertake it, his practice
being very considerable, and his fortune by his lady in these
Islands yet much more considerable; he is a person extreamly
well affected to the Government and extreamly well beloved
by the Inhabitants. By every packet I shall write to your
Lordships etc. Signed, Jon. Johnson. Endorsed, Recd. 18,
Read 24 April, 1705. 2 pp. [C.O. 152, 6. No. 10; and 153, 9.
pp. 122–124; and (extract) 152, 39. No. 99.]
847. J. Clifford to the Council of Trade and Plantations.
Your letter of Feb. 2 was delivered to Mr. Shepherd etc. But
since that time I have neither seen nor heard from any of them.
The papers you require of them are in my possession, and I will
deliver them to your Messenger, etc. Signed, Jer. Clifford.
Endorsed, Recd. Read Feb. 14, 1704/5. 1 p. [C.O. 388, 75.
No. 111; and 389, 36. pp. 240, 241.]
848. Petition of severall gentlemen residing in England
who have Estates in Barbadoes to the Council of Trade and
Plantations. The petitioners are very much concerned for the
wellfare and prosperity of the said Island, both by interest and
inclination, being the place where great part of their estates are,
and the native country of severall of them. The reflections by
Kirton etc. (Jan. 11) upon Governor Sir B. Granville are false
and unjust etc. Their correspondents inform them that the said
Governour hath ever since his entrance upon the administration
of that Government behaved himself with all possible diligence,
fidelity and care for the honour and service of H.M. and with
impartial justice and moderation for the true interest and wellfare
of her subjects of that Island. Complainants represent a very
few unquiet spirits that have but small estates, that will be
contented with no Governour, unless they can prevail upon him
to pursue their measures, however injurious etc. Signed, Charles
Cox, John Walter, Richd. Bate, Samll. Child, Phill. Scott, John
Rollstone, Mel. Holder, John Hill, Wm. Trent, J. Colleton, Robert
Davers, Jno. Bromley, Pat. Mein, Rd. Scott, Wm. Cleland, H.
Bendyshe, Tho. Foulerton, Rob. Chester, Timothy Salter, Hen.
Evans, Paul Carrington, W. Andrews. Endorsed, Recd. Read
Feb. 8, 1704/5. 2 pp. [C.O. 28, 7. No. 81; and 29, 9. pp. 172–176.]
849. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclose extracts from letters about Martinique from
Governor Sir B. Granville [Sept. 18 and 29], to be laid before
H.M. [C.O. 29, 9. p. 177.]
850. W. Popple to J. Burchett. Encloses similar extracts to
be laid before the Lord High Admiral's Council. [C.O. 29, 9.
851. Commandeur Beeckman to [? the Dutch West India
Company]. Dutch. 21 pp. [C.O. 116, 19. No. 1.]
852. Mr. Willcocks to [? the Council of Trade and Plantations].
Encloses following, to explain the non-arrival of Governor
Nicholson's answer. Signed, Geo. Willcocks. Endorsed, Recd.
Read Feb. 12, 1704/5. 1 p. Enclosed,
852. i. Certificate of R. Smith. Captured by a French
privateer off Scilly, I threw pacquetts I had on board from
the Governor of Virginia and Maryland overboard.
Signed, Richd. Smith. ½ p. [C.O. 5, 1314. Nos. 38,
853. Mr. Cary to the Council of Trade and Plantations.
Capt. Larimer and Lieut. Wells, accessories to the pirate
Capt. Quelch, have been seen on the Royal Exchange etc. Signed,
Nathl. Cary. Endorsed, Recd. Read Feb. 8, 1704/5. ¾ p.
[C.O. 5, 863. No. 129.]
854. Evidence of F. Gahtman, ship's surgeon, as to
Capt. Larimore and Lieut. Wells being accessories to some of
Capt. Quelch's men, pirates, Sent to England as evidence,
was taken by the French off Scilly. Prays for relief and return
to New England. Signed, Francis Gahtman. 2½ pp. [C.O. 5,
863. No. 130.]
855. Mr. Povey to Mr. Popple. The business of Connecticott
and Rhode Island [Jan. 28] is put off. Signed, John Povey.
Endorsed, Recd. Read Feb. 8, 1704/5. Addressed. ¾ p. [C.O. 5,
1263. No. 9; and 5, 1291. p. 126.]
Council Office. Evening.
856. Mr. Povey to Mr. Popple. Feb. 12 is appointed for
preceding. Signed, John Povey. Endorsed, Recd. Read Feb. 9,
1704/5. ½ p. [C.O. 5, 1263. No. 10; and 5, 1291. p. 127.]
857. Mr. Congreve to the Council of Trade and Plantations.
Report on the garrisons and forts of New York, July 1704. By
the direction of Lord Cornbury. (1) The Fort at New York.
The wall is falty in many places. Many of the guns are remounted.
The new magazine for powder is large and secure, but the storeroom for the arms is ready to fall, and all sorts of stores wanting.
(2) Albany. The old fort is repaired and new palisadoes set
round it and round the whole city, and blockhouses repaired.
(3) The fort at Schennectady is of noe strength and palisadoes
are very rotten. The inhabitants have petitioned for a stronger
one. (4) At Half Moon there is a Fort, but no forces posted in it.
The forts at Nestigaune, Saractoge and Kinderhook are not in
order, but ye inhabitants on the frontier proposed to have them
repaired against winter, but it's feared there will not be men
raised to man them as has been usual, the Assembly having
represented to H.E. (1703) that the country is not able to raise
men and money for that and other services; and the Four
Companies, were they all full and fit for service (some of ye men
being old and have been in ye Province this thirty years without
being relieved) together with ye forces ye Country is able to raise
added unto them, are too few to man all ye garrisons and secure
ye frontier, there being a necessity of keeping guards in war time
at five several places within the City of Albany, besides the fort,
which with the garrisons of New York and Schennectady alone
will take 550 men. The others will require 130 men. If the
frontier were thus secured, and this number of regular forces
allowed during the war, the French cannot hurt the inhabitants,
and would secure the merchants and planters in looking out for
Naval Stores, and encourage them to sow hemp and improve the
waste lands, now yt. trading is so hazardous, near 30 vessels
belonging to New York have been lost, some worth 12, 14 and
In consideration whereof, and yt. that the Province is 10,000l.
in debt (contracted during the late peace) and out of credit, and
very poor, by reason of ye decay of trade, it is proposed (1) that
recruits for the 4 Companies be sent out at spring, there being
but 325 effective private centinells in the last muster-rolls of
Sept. and Oct., 1704, and that the 17 old and unserviceable men
be sent to Chelsea Hospital, and for the future to have 100 recruits
sent over every two years and ye like number discharged at New
York, which would prevent desertion and the charge of following
them, which is often extraordinary. (2) That arms etc. at
least as many as were shipped and taken by the French be sent, and
great guns for Albany and the Narrows. (3) That 2 fifth-rate men
of war be sent early in spring to guard the harbour and cruise on
the coast. The Assembly of New York have given 1,500l. towards
building the two batteries at the Narrows, but the full estimate
is 2,025l., the furnishing of which and the stone fort begun at
Albany is of absolute necessity, by reason of the great warlike
preparations yt. are and have been making this three years by
the French at Canada, who aime at ye destruction of ye frontier
of New York the first opportunity. Prays for a grant from
H.M. Signed, C. Congreve. Endorsed, Recd. Read Feb. 9, 1704/5.
3 pp. [C.O. 5, 1048. No. 102; and 5, 1120. pp. 261–266.]|
858. Sir E. Northey to Mr. Popple. Some members of the
late Assembly of Barbados having represented to me that the
matter of fact stated in the Report lately made by Mr. Sollicitor
and myself hath been misrepresented, that the said Assembly
hath power to punish their own Members, and therefore they
desire an opportunity to make out the same, I am content
that the Report may be reviewed and altered as Justice shall
require. Signed, Edw. Northey. Endorsed, Recd. Read Feb. 9,
1704/5 ¾ p. [C.O. 28, 7. No. 82; and 29, 9. p. 179.]
859. Mr. Popple to Mr. Attorney General. In reply to
preceding. The Council of Trade and Plantations acquaint you
that the case of the absenting Members has not been misrepresented
by them in their report to H.M. It is no ways their desire that
their Report should be returned for your review and alteration.
But if it be your intention to have your Report return'd you
will please to signify the same. [C.O. 29, 9. p. 180.]
860. Lt. Governor Johnson to the Council of Trade and
Plantations. The transcripts ordered to be made by the
Secretarys of the respective Islands are so voluminous that it is
morally impossible to have them transcribed by three expert
clarks within the time limmetted by the Instructions, though
the time were to be computed from this day, besides I finde yt.
ye Deputy Secretarys in generall through the foure Islands are
reather inclinable to quitt their imploys then undertake soe
troublesome and expensive a taske, however noe care shall be
wanting in me to see that matter performed. Since I have had
the honour to command here as Lieutenant Governour, 7 forts
have been new raised, 5 whereof are actually finished, 2 neare
finished, 2 more a raising, and the 2 old ones repaired and putt in
a very good condition, so that this Island is at present in a very
good posture and defence and will I hope in a short time be in
great measure secure from any attempt of the enemie, but wee
are still in want of gunns here, as well as in the rest of the Islands,
of the numbers and kindes whereof your Lordships may expect
a particular account per the next; the Fort upon Monk's Hill in
Antigua, which I hope to have finished in six months, after eight
years' labour spent upon it, will take up a large share. I have
by the advice of the Councill, both of Antigua and Mountserrat,
filled up the vacancyes in both the Councills of those Islands,
occasioned by the death of severall persons named in the Queen's
Instructions, and have therein taken care to swear such persons,
whose estates, reputations and capacitys are such as will I doubt
not justify my choice to your Lordships; in Antigua, I have
sworn Col. Codrington, the late Generall, and Col. George Gambell
in the places of Wm. Fry, sr., and James Thynne, both deceased;
in Mountserrat I have sworn William Broderick the Attorney
Generall, George Wike the late Chief Justice, and William Geerish,
in the places of Wm. Fox, John Scott and James Thynne above
mentioned, who are all dead; and design to proceed to fill up the
vacancyes in the Councill of Nevis and St. Christophers speedily,
it being thought necessary to have the Councill of each Island
full now in time of war, that so a quorum thereof may be neere
and easily assembled upon any danger. I hope by ye next conveyance to send your Lordships a regular draught of the fortifications that are finished within the severall Islands under my
Government together with an account of the Militia thereof.
Signed, Jon. Johnson. Endorsed, Recd. 18th, Read 24th April, 1705.
3 pp. Enclosed,
860. i. Copy of an agreement made with M. de Machault,
Intendant of the French Islands in America [Feb. 6,
1705, N.S.], concluded at Martinique by Col. Edward
Byam, one of H.M. Council of Antigua, deputed by
Lt. Gov. Johnson. (1) All French prisoners in the
Leeward Islands to be sent direct to Martinique, and
not be detained more than 10 days when there shall be
25, and 20 days when less. (2) All English prisoners
likewise to be returned to Antigua. (3) If any French
prisoners have been sent from Antigua to New England,
Col. Byam gives his word of honour to enquire
after them, that they may be sent to Martinique.
(4) Spaniards to be treated as French and Dutch as
English. (5) Mulatoes and negroes that are free to be
delivered as other freemen; their liberty, if required,
to be certified by the Chiefs in each Government. (6)
Prisoners on both sides to be treated with humanity
and furnished with the ordinary allowance of seamen,
which is a pound of bisket or the equivalent in cassadar
flower, a pound of beef or the equivalent of pork, salt
fish or peas(e), all which shall be good. The captains
and other officers to be treated with distinction. (7) The
English of Barbados. Jamaica and their dependances shall
not be comprized in this treaty. (8) The flags of truce
sent on either side shall not be stopped upon any pretence
whatever, but be dispatched within 10 days. They
shall be furnished with sufficient provisions at the
charge of those that send them. (9) Yet if any vessel
designed for Jamaica be taken to windward of Antigua,
intending to touch at any of the Leeward Islands, the
prisoners shall be esteemed as those of the Leeward
Islands. The French taken at New England, who
shall be sent to Antigua or any of the Leeward Islands,
shall also be sent to Martinique, as prisoners of that
Government, etc. Endorsed as preceding. French and
English. 8 pp. [C.O. 152, 6. Nos. 11, 11.i.; and
(without enclosure) 153, 9. pp. 125–127; and (enclosure
only) 152, 39. No. 100.]|
861. Extract of Letter from Lord Cornbury to the Earl of
Clarendon. The Colony of Connecticut is now a Charter Government, but they have forfeited their Charter very many times over,
which shall be proved whenever the Queen pleases to command
it; that Colony is peopled with the spawn of Rebellion, they
have made Laws directly repugnant to the Laws of England,
by which they dispose of the lives of H.M. subjects and of their
estates as they please, and if any man pleads any of the Lawes of
England in defence of his right, they laugh at it, they carry
on all manner of illegal trade impunedly, they pay noe Customes,
nor other duties to the Queen, they are a sanctuary to all soldiers,
seamen or servants, who either desert H.M. service, or run away
from their masters in the neighbouring Colonies after having
robb'd them, and if we send after them, the persons we send are
either abused or laughed at, but we can never recover one man
from them, let his crimes be never soe great, if any inhabitant
of this or any other neighbouring Colony goes into Connecticut
to sue for a debt that may be due to him from any inhabitant
of that Colony, he shall have noe Justice don him, but on the
contrary shall be put to great charges to recover nothing; I
could reckon several enormities more, which are dayly committed
by that Government, but I think these may be sufficient to
satisfy anybody, that unless that Government is reduced under
the immediate obedience of the Crowne, the Trade of all the
Colonies, more particularly under the Queen's Governors, will be
ruined by that Nest of Thieves; besides they are beginning to
sett up a Woollen Manufacture, which, if allowed, will soon
appear to be a mighty prejudice to the consumption of the Manufacture of England, which I hope England will never allow of.
Endorsed, Presented to the Board by Mr. Congreve. Recd.
Read Feb. 9, 1704/5. 1½ pp. [C.O. 5, 1263. No. 11.]
862. Order of Queen in Council. The Agents for the Charter
Governments of Connecticut and Rhode Island having prayed
for time to answer the complaints against them, the Council of
Trade and Plantations are to prepare a charge which the said
Agents are to answer in six months. The Governors of the
Massachusetts Bay and New York are to take and transmit
depositions etc. [See Acts of Privy Council, II. p. 481.] Signed,
John Povey. Endorsed, Recd. Read Feb. 22, 1704/5. 1½ pp.
[C.O. 5, 1263. No. 12; and 5, 1291. pp. 128–130.]
863. Extract from Daniel Leeds' Almanack for 1701. In
Sept., 1699, the Freeholders in West Jersey were computed as—Burlington Country, 302; Gloster County, 134; Salem County,
326; Cape May County, 70. Total, 832. Whereof Quakers,
266. In all more Christians, 566. The Quakers are more
numerous in Burlington County than all the other Countys.
Endorsed, Presented to the Board by Mr. Dockwra etc. Recd.
Read Feb. 13, 1704/5. 1 p. [C.O. 5, 970. No. 23.]
Philada. in the Prov. of Pensylvania.
864. Lt. Gov. Evans to the Council of Trade and Plantations.
Since my last of Oct. 10, I have received yours of June 29, with
H.M. Proclamation for ascertaining the current rates of fforeign
coins etc., wch. I have caused to be published with all due
solemnity in Philadelphia and the other principall parts of this
Government. But I am sorry I have to acquaint your Lordships
that thro' the scarcity of money creddit in trade running high
amongst us, the People found themselves under such inconveniencies upon accot. of fformer debts contracted, that notwithstanding any authority that att present could be used, they
resolv'd by general compact to receive all fformer dues in coine
under the same denomination off value that it passed ffor all the
time of the contract without regard to the regulation, and for
new Bargains they are perticular in their agreement. This and
the intire damp to all Business by the extream rigour of the
season has hindered the Traders from falling into the practice of
it as yett; Besides that they are very desirous to take example
from our neighbouring Governmt. New York, whose measures
in Traffique, as being much more considerable therein, have
generally a great influence over us. I request yr. Lordps., if
there be not so speedy a compliance att once as the sacred
authority off the command requires, to believe it is owing to no
slackness in the Govt. to putt H.M. Orders in execution, butt to
the liberty that trading men will allwayes take in their own
bargains, as was largely seen in the time of regulating ye coine
in England in the late Reign, notwithstanding the Acts of
Parliamt. provided for that purpose, and that your Lordps.
would be assured of the uttmost observance of and obedience
to all H.M. commands and your orders in, Signed, John Evans.
Endorsed, Recd. June 25, Read July 3, 1705. Holograph. 2 pp.
[C.O. 5, 1263. No. 23; and 5, 1291. pp. 158–160.]
865. Mr. Clifford to W. Popple, jr. Prays for a copy of
the Report of Mr. Shepheard etc., which they promised me to
deliver to the Board this week. Signed, Jer. Clifford. Endorsed,
Recd. Read Feb. 14, 1704/5. 1 p. [C.O. 388, 75. No. 12; and
389, 36. pp. 242, 243.]
866. W. Popple, jr., to Jer. Clifford. The Report will be
communicated to you as soon as it shall be received etc. [C.O. 389,
36. p. 243.]
867. Sir C. Hedges to the Council of Trade and Plantations.
In your late report to H.M. concerning Newfoundland, there
being no notice taken of Capt. Lloyd, I desire you will examine
the papers that ly now before you, as soon as you shall see cause.
Signed, C. Hedges. Endorsed, Recd. Read Feb. 23, 1704/5. 1 p.
[C.O. 194, 3. No. 48; and 195, 3. p. 404.]
868. John Nanfan to the Council of Trade and Plantations.
Having subsisted the four Companies at New York 4½ months
more than Mr. Champante received their subsistance from the
Pay Office, and his bills thereupon protested, the merchants
concerned kept him under arrest May 19, 1703—Nov. 6, 1704,
when at last they accepted his obligations to make payment in
London by March 25 next. The day after he had so adjusted
matters with them, he had private notice that Mr. Mathews and
others had entered actions against him to a considerable value,
to the intent, as he conceives, to make him end his life in prison.
He flung himself on board H.M.S. Jersey with only the cloaths he
had on his back and came to England in a miserable and naked
condition. His accounts now stand referred to Mr. Blathwayt
and the two Comptrollers of the Army, but, being deprived of his
vouchers in the unheard of manner aforesaid, he can only justify
his payments by muster-rolls of the Companies, according to
which is allowed by the Lord Cornbury's Agents to have issued
the subsistance, and by which over 1,700l. will appear due to
him, to answer which demand for near two years 1,500l. has
been set aside and is now in the Widdow Thrale's hands. Prays
that his accounts be stated by the Muster-rolls, and that the
1,500l. meanwhile be paid to him, that he may discharge his
obligations, he offering to give sufficient security to stand the
event of his account. Signed, John Nanfan. Endorsed, Recd.
Read Feb. 15, 1704/5. 2 pp. [C.O. 5, 1048. No. 103; and
5, 1120. pp. 267–270.]