1142. Capt. Lloyd to Mr. Secretary Hedges. I have this
morning sent my Memorial relateing to Newfoundland to my
Lord High Treasurer, and hope your Honour will please to put
his Lordship in mind of it; Admirall Churchill having told me
yesterday that the convoy would saile in a very few dayes, which
will put things in a great deal of confusion, if your Honour thinks
it not fitt to order there may be a little more time to provide.
Signed. Tho. Lloyd. Endorsed, R. June 1, 1705. Addressed.
1 p. [C.O. 194, 22. No. 26.]
1143. Mr. Thurston to Mr. Popple. Desires that the Admiralty be moved for orders to the Commander of the Convoy to
receive the money due to the Company at Newfoundland. Signed,
J. Thurston. Endorsed, Recd. Read June 1, 1705. Addressed.
1 p. [C.O. 194, 3. No. 56; and 195, 3. p. 444.]
1144. W. Popple, jr., to Mr. Burchett. Desires him to move
H.R.H. Council as in preceding. [C.O. 195, 3. p. 445.]
1145. Mr. Mein to W. Popple. I fully purpose to return to
Barbados as soon as possible. I have stayed here, with H.M.
permission, having had a suit in Chancery for nine months past,
and still undetermined etc. Signed, Pat. Mein. Endorsed,
Recd. Read June 5, 1705. Addressed. 1 p. [C.O. 28, 7.
No. 155; and 29, 9. pp. 304, 305.]
1146. Mr. Burchett to Mr. Popple. The money for Newfoundland is ordered to be carried by Capt. Peter Chamberlain
of the Lichfield's Prize, as desired June 1st. Signed, J. Burchett.
Endorsed, Recd. Read June 5, 1705. ¾ p. [C.O. 194, 3. No. 57;
and 195, 3. p. 446.]
1147. Mr. Secretary Hedges to the Council of Trade and
Plantations. Your letter of May 16 having been layd before the
Queen, H.M. cannot think it proper for her service that the
Commodore of the Convoy should have any command or power
over the land officers and forces there; but, however, would
have him be impowered, with the assistance of the C.-in-C. of
the Forts and soldiers, to inspect the stores, ammunition and
provisions in it, and the condition of it, that an account may
be given thereof at his return, to which purpose the Lord High
Admirall is to give an Instruction to the Commodore, and H.M.
would have you prepare an Instruction for the C.-in-C. of the
Fort and forces there to permitt the Commodore to make such
inspection. Signed, C. Hedges. Endorsed, Recd. Read June 8,
1705. 1½ pp. [C.O. 194, 3. No. 58; and 195, 3. pp. 447, 448.]
1148. Mr. Clifford to Mr. Popple. Prays for copies of
Mr. Shepheard's report [No. 1111] and of representation thereon.
And pray let me know whether H.M. hath sent back those papers
to the Councill of Trade for a further consideration, as I have
been informed H.M. hath done last Council night. Signed, Jer.
Clifford. Endorsed, Recd. Read June 5, 1705. Holograph.
1 p. [C.O. 388, 75. No. 127; and 389, 36. pp. 297, 298.]
1149. W. Popple, jr., to Mr. Clifford. The Council of Trade
and Plantations acquaint you that they do not usually give
copies of their Representations, and never before they have been
read to H.M., that Representation has not yet been read in
Council. If you will send anybody to the Office, they may copy
Mr. Shepheard's report, for we have at present no hands to spare.
[C.O. 389, 36. pp. 298, 299.]
1150. W. Popple to Mr. Attorney General. Enquires whether
Mr. Knight is a fit person for the post (see No. 1151 below).
[C.O. 5, 1120. p. 295.]
1151. J. Knight to the Council of Trade and Plantations.
Formerly High Sheriff of New York, Secretary, and Clerk of the
Council (1686), he has since practised at the Bar here. Prays
to succeed Mr. Broughton, decd., as Attorney General of
New York. Endorsed, Recd. Read June 5, 1705. 1 p. [C.O.
5, 1048. No. 115; and 5, 1120. pp. 293–295.]
1152. W. Popple, jr., to the Lord Bishop of London. The
Council of Trade and Plantations will enter upon the consideration
of Governor Nicholson's letters on Friday. [C.O. 5, 1361. pp.
1153. Mr. Feild and Mr. Wyeth to the Council of Trade
and Plantations. Reply to Sir H. Ashhurst, May 4. He does
not deny that Quakers were also intended to be suppressed by the
Act complained of. It is of no great moment to our Friends
that the Agent here looks on this Law as obsolete, while they
feel its force there. We do not want instances of late inhuman
prosecutions, wch. we should rather forbear to relate if the disallowance of this law may be obtained without ym. If the
Agent please, he may find yt. among the reasons for peopling yt.
Colony it was not ye least yt. they might there enjoye peaceably
ye liberty of their consciences etc. His other suggestion is
groundless. The meer motive of our proceeding herein is not
ye ruin of ye Government, but for our Friends' security there,
and at their instance only, etc. Pray the Board to represent that
this Law is now in force and is contrary to the Laws of this
Kingdom, and that H.M. will disallow it and recommend to yt.
Colony a Tolleration at least equal to wt. ye Queen hath been
graciously pleased to maintain here. Signed, John Field, Jos.
Wyeth. Endorsed, Recd. Read June 5, 1705. 2¾ pp. [C.O.
5, 1263. No. 18.]
1154. W. Popple to Sir H. Ashhurst. Encloses copy of preceding for reply. [C.O. 5, 1291. p. 147.]
1155. E. Jones to the Council of Trade and Plantations.
I well hoped those gentlemen who before my suspension were
my professed enemies, would upon my unexpected return have
lain aside their malicious contrivances, and upon sight of H.M.
Order in Council have readily submitted to a reconciliation and
complied with H.M. royal commands. But neither can my
patent or the said Order tho' urged with all the intreaties and
assurances imaginable prevail with them to do me common
justice, such is their stupid ignorance and ill nature. My Lords,
it has bin the constant custome and practice here from the first
settling these Islands hitherto for the Secretary to act by himself
or deputy as Clarke in Councill, Clarke in Chancery, Clarke of
Assize and in all or most of the clarkeships of these Islands,
all their proceedings being lodged and united to the Secretary's
office, and the Secretary being compell'd by the oath which is
administered to him to keep the records thereof, the Clarke
of the Assizes takes the same oath and is oblig'd thereby to
keep his own records; it is therefore an infallible conclusion that
those two oaths cannot be comply'd with by any other person
than the Secretary, who both as Secretary and Clark of Assize
is obliged to keep all the Proceedings. But instead of suffering
me to act in any of these stations they continually spurn at the
powers and priviledges granted by H.M., and endeavour to
reduce the Secretary's office to so mean a scantling that in a
little time, as they themselves have openly declared, it shall
not be worth 5l. per annum. Yesterday the Judges pretended
to hold a Generall Assizes, I attended them to the Court House,
where I humbly offered to officiate as Clark either by myself
or deputy, and carried with me my Patent, the Queen's Order
in Councill, and my reasons why I claimed that office, and quoted
or pleaded their own Act of Assembly, the oaths administered to
the Secretary and the Clark of the Assizes, but the Judges would
not suffer me to read the said Patent or Order, or any other
thing whatsoever, or to accept of either me or my deputy to
officiate, altho' Mr. Charles Minors, who last managed the same
office, utterly refus'd it in open Court concluding it to be my
undoubted right. I urged (for a continued time) my readiness
to serve H.M. and them in that post, but instead of permitting
me so to do, they made choice of a poor despicable schoolmaster,
who cannot draw any manner of proceedings, but what must
be dictated to him verbatim. I offer'd to read their Commission
and at their request I fetch'd the book out of the Secretary's
office wherein the same was recorded. But the Judges would
not suffer me to read it, alledging they themselves had power to
make whom they thought fitt Clarke of the Assizes, and demanded
the Records of their Commission from me, which I utterly refused
to surrender, telling them I was sworn to keep them as Secretary.
After a tedious debate of the matter, they said that they
knew not whether I or my deputy were either of us qualified or
fitt to be entrusted with the records, for I might for ought they
knew cut their Commissions out of the Records, so little veneration
they have for persons commission'd by H.M., and persisting in
their obstinacy they at last drew up their own opinions that
I would not suffer them to sit, to the delay of justice, and therefore they adjourned the Court to the first Monday in October next.
Thus my Lords you may plainly perceive the whole drift and
design of the Governour, and those gentlemen who were the
causes of my suspension, is still to continue their inbred malice
against me by all the intrigues imaginable which they resolve, if
not timely curb'd by a more strict censure from H.M., shall
never end but in my ruine. Neither have I any hopes of redress,
unless your Lordships will vouchsafe to obtain a Commission
from her most sacred Majesty directed to four or more gentlemen,
the one half to be nominated by H.E. the Governor, and the
other half by me and other gentlemen that be under severe
circumstances by their arbitrary dealings and injustice, not a
man being suffer'd to swear or to appear in their or my behalf,
but draw up what accusations they please without the liberty of
answering them, which gentlemen with my self may have power
to inspect into the Proceedings had against Gilbert Nelson, Esq.,
Dr. Starr, myself and severall others, and to examine witnesses
and to report the whole circumstance to your Lordships etc.
Signed, Ed. Jones. Endorsed, Recd. Dec. 31, 1705, Read
March 4, 1705–6. 1½ pp. [C.O. 37, 7. No. 20; and 38, 6.
1156. Mr. Penn's Draught of Surrender of his Government
of Pennsylvania to the Queen. Endorsed, Recd. Read June 5,
1705. 3 pp. [C.O. 5, 1263. No. 19.]
1157. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclose Governor Parke's Memorial (May 31), to be
laid before H.M. During the last warr there were 500 men in
5 companies in the Leeward Islands, which cannot be safe with
a less number during this time of warr. [C.O. 153, 9. p. 239.]
[6 m/4 (Jun.) 1705.]
1158. Mr. Penn to the Council of Trade and Plantations.
Honble. Frds. I returne yr. remarks wth. my answear, as my
Counsel has drawn it, and pray yr. consideration of it. I am your
respectfll. ffriend, Wm. Penn. Endorsed, Recd. Read June 7,
1705. Holograph. ¾ p. Enclosed,
1158. i. Mr. Penn's observations upon the objections made
by the Lords Commissioners of Trade and Plantations
to ye Charter humbly desired by him. [See May 23,
1705.] 3½ pp. [C.O. 5, 1263. Nos. 20, 20.i.; and
5, 1291. pp. 148–152.]|
1159. Agents of Barbados to the Council of Trade and
Plantations. Upon the answer of the Council and Assembly
to the petition of the absenting Assemblymen, we observe that it
appears the Assembly had made an estimate of money that the
Governor had laid out for spye-boats, flags of truce, and necessary
charges of a house till one was provided for him, before they
voted the 600l. for his re-imbursements. We also observe, that,
until he was restrained by H.M. Order, he had just pretences by
his patent to all the profits and perquisites that former Governors
enjoyed, and that other Governors have been repaid the money
they disbursed for the service of the country and the charges
they were at till houses were provided for them, and had presents
of wine made them att the country's expense, and that H.M.
Order did not come to Sir Bevill's knowledge till after those
expenses were contracted, which they therefore thought just to
allow. Your Lordships will find from this answer that the
Petitioners have misinformed you in asserting that the Assembly
made alterations in their Minutes concerning the 600l., the Speaker
having made that matter very clear by his deposition. As to the
affidavits of Capt. St. Loe and Mr. Ball, we hope you will suspend
judgment till the Governor and Secretary have time to answer.
We have received a letter from Capt. Windsor, H.M.S. Milford,
who was present when Capt. St. Loe acquainted the Governor
that he had prest one Lee, and is ready to testify upon oath that
the Governor then made answer, he had received no complaint
about it, but if any came, he should be obliged to take notice
As to the Four Suspended Councillors, your Lordships will
find that the rest of the Council and Assembly did believe upon
good grounds that they encouraged and countenanced faction
in the Assembly. Signed, J. Stanley, Wm. Bridges, Mel. Holder,
Wm. Cleland. Endorsed, Recd. Read June 7, 1705. 2½ pp.
1159. i. Capt. Windsor to Capt. Barnard Granville. Quotes
Governor Sir B. Granville's reply about Lee in preceding.
Signed, E. Windsor. June 2. The Pool in Long Reach.
Endorsed, Communicated to the Board by Sir John
Stanley. Recd. Read June 7, 1705. Copy. 1 p.
[C.O. 28, 7. Nos. 156, 157; and (without enclosure),
29, 9. pp. 306–309.]|
1160. W. Popple, jr., to Wm. Heysham and John Bernard.
Encloses copy of above Memorial. You may see the papers
therein referred to and have copies, etc. [C.O. 29, 9. p. 310.]
1161. Commandant Beeckman to the [? Dutch West India
Company]. Signed, Samuel Beeckman. Dutch. 3½ pp. [C.O.
116, 20. No. 2.]
1162. Same to Same. Signed, Samuel Beeckman. Endorsed,
Read Sept. 17 (n.s.), 1705. Dutch. 16 pp. Enclosed,
1162. i. Petition for goods required for the Colony of Essequebo.
Signed, Samuel Beeckman. June 15, 1705. Dutch.
1162. ii. Muster-roll of the free inhabitants of the Colony of
Essequebo, etc. Dutch. 4 pp.|
1162. iii. Inventory of the Company's property. Feb. 1 (n.s.),9
1705. Signed, Samuel Beeckman, Jan Van Dÿck.
Dutch. 31 pp.|
1162. iv.–xiii. Invoices, bills of lading, lists of requirements,
clearings, etc. Dutch. 15 pp. [C.O. 116, 20. Nos.
1163. Mr. Thurston to John Tucker. I pray leave to remind
you of moving Mr. Secretary [? Hedges] for some directions for
paying me the Newfoundland money, notwithstanding the stop
put to it by Capt. Lloyd. I also pray an order to the Board of
Ordnance for bedding for the company (enumerated). Signed,
J. Thurston. Endorsed (? by Sir C. Hedges), Mr. St. to settle
ye matter between Lloyd and Thompson. 1 p. [C.O. 194, 22.
1164. Mr. Thurston to Mr. Popple. Encloses following to
be laid before the Council of Trade and Plantations. Signed,
J. Thurston. Endorsed, Recd. Read June 14, 1705. 1 p.
1164. i. Money wanting for subsistance and cloathing of the
Company at Newfoundland, 1705. 1,011l. 12s. 6d.
New bedding and a chest of medicines. Cloathing,
129l. 16s. 10d. 2 pp. [C.O. 194, 3. Nos. 59, 59.i., ii.;
and 195, 3. pp. 456–458.]|
1165. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclose draught of Instruction for Capt. Lloyd as
ordered June 4. We take notice that no mention is made in your
letter of the Musters to be taken by the Commadore, which was
always done, the advantage in case of false musters if any, accruing
to the Captain. And whereas at the return of the last Fleet
from Newfoundland, we received divers complaints of wrongs and
hardships alledged to be done to the Fishery by the Captain of the
said Fort the last year, and do judge the same to be most properly
examinable by the succeeding Commadore, as has been usual
in such cases, we humbly submit whether the same and such
complaints as may be made for the future, shall not likewise be
enquired into by the Commodore under whose superior care the
protection of the Fishery is left by Act of Parliament. 2 pp.
1165. i. Instruction to Capt. Lloyd as ordered June 4. [C.O.
195, 3. pp. 448–451; and 194, 22. Nos. 28, 28.i.]|
1166. Mr. Secretary Hedges to the Council of Trade and
Plantations. Returns the above Instruction to Capt. Lloyd for
the insertion of a clause for mustering the soldiers as proposed.
The Commodore is to have an Instruction to receive and examine
into any complaints of wrongs and hardships that may be done
to the Fishery, or to the prejudice of it. Signed, C. Hedges.
Endorsed, Recd. Read June 12, 1705. 1 p. [C.O. 194, 3.
No. 60; and 195, 3. pp. 451, 452.]
1167. Governor Sir B. Granville to the Council of Trade and
Plantations. I send this by the Warwick which sailes this day
with her convoy's for England, being in all one and thirty sail,
and with it a duplicate of the Laws and Minutes, as also Col.
Lilly the Engineer's report (following). The Country have passed
an Act to raise as much as I believe will finish what is intended
at Needham's, and that work is already began, but they inclined
to wait H.M. pleasure about the 4½ p.c, which they would have
apply'd to those uses, before they raise more money for the
rest of the fortifications. Signed, Bevill Granville. Endorsed,
Recd. 18th, Read Aug. 30th, 1705. Holograph. 1½ pp. Enclosed,
1167. i. Report upon the fortifications of Barbados. Presented
to Governor Sir B. Granville by Lt. Col. Christian Lilly,
H.M. 3rd Ingenier of England, 1705. The windward
parts are naturally fortified by rocks and shoals. The
leeward part is alltogether in a very weak and allmost
defenceless condition, which weakness does chiefly
proceed from ye many landing places and ye want
of people for to defend them, the ill-contrivance of all
ye fortifications, the decay of some and ye want of new
modelling of all ye rest, the ill disposition of great part
of ye Artillery, and ye decay of ye carriages, the ill
regulation and ye want of gunners and matrosses,
the want of security for ye munition, and ye horrible
disorder of chief magazin of powder, and lastly ye
ill regulation and want of sufficient guards and garrisons
in proper places. In short, the western part of the
Island is allmost everywhere open for an enemy to
land, and there is no such thing in the whole country
as deserves the name of a Fort, nor anything capable
of hindring a vigorous ennemy's takeing possession
of it, unless it be thought that 4 or 5,000 of ye militia
without experience may in open field bee likely to
beat 8 or 10,000 of regular and well-disciplined troops,
which such ennemys as the French now are may easily
enough bring, and for ought anybody here knows it
may bee to-morrow morning. Discountenances the
proposal, of which many are fond, to build a citadel of
refuge somewhere towards the middle of the country,
and recommends the fortification of the sea-coast,
especially some advantageous situations at or near ye
cheif landing-places, to be garrisoned by H.M. forces with
properly regulated artillery. Meantime it is most
proper to begin with the amendment of the fortifications
at Needham's Point. Details. 4¾ closely written pp.|
1167. ii. Plan of Needham's Fort as proposed by Lt. Col. Lilly
1167. iii. Plan of Needham's Fort, 1705. [C.O. 28, 9. Nos. 4,
4.i.–iii.; and (without enclosures), 29, 9. pp. 366, 367.]|
1168. Governor Handasyd to the Council of Trade and
Plantations. Acknowledges letter of March 6. As to the list
of the ships, Mr. Jenkins, from whose office they are to come,
has promised to send me it to enclose in this packet, which I now
send. The Minutes of the Assembly that are wanting are not in
my power to procure, till the sitting of the next Assembly. What
your Lordships mention in relation to the artificers, I have given
an account of them to the Board of Ordnance, by this packett,
they being of no manner of service here, nor have for these severall
months past. I have received H.M. Order, March 24, 1704, for
incorporating of the private soldiers of Col. Livesay's Regiment
into mine, to compleat each Company 70 private men, and for
the return of the remainder of Col. Livesay's Regiment to England,
all which shall to the utmost of my power duly [be] comply'd
withall. Our Fleet, consisting of 12 merchant ships, arrived
here May 17, under the convoy of Reer Admirall Whetstone, with
six men-of-war. They took in their passage a brigantine and
sloop. H.M. ships continue healthy. They sailed the 6th inst.
to cruise on the coast of Carthagene and Porto Bell for a month
or five weeks. Our homeward bound fleet will sail by the latter
end of July, under the convoy of 4 men-of-war. Capt. Nathanael
Boys, H.M.S. Deal Castle, has been accused and taken up for
sodomy committed upon 2 boys of his own ship. The Admiral
designed to try him, as soon as he came from this cruize, but he
made his escape out of prison 8 or 9 days before the Admiral sailed;
all care imaginable has been taken to apprehend him, but I can
hear nothing of him, which makes me believe he is got off to the
enemy. I haveing received an account by a spy, whom I employed
to know what the French were doing at Petty Guavas, and other
neighbouring French Colonies, who returned March 25 last, that
there was a French sloop prepareing with a Flagg of truce under
pretence for exchange of prisoners, with a letter from the Governor
of Petty Guavas directed to me, and that the gentleman who was
to come in the sloop was Lieut. Governor of that place, a very
cunning intrieguing Blade, by name de Chouppe Salampar, I
thereupon immediately ordered two men-of-warr, that were then
in the harbour (the other two being upon a cruize round the
Island) to get ready to sail with all expedition, one of them to
cruize 3 or 4 leagues to windward of the Island, in search of such
Flagg of Truce, and if he met with her, to take care to bring her
in, not admitting anybody to go on board of her, nor to suffer
her to come within the harbour, but to keep her without the Keys
at anchor by him; the other man-of-war I ordered to lye at
anchor without the Keys, lest the man-of-war that went to meet
with the Flagg of Truce should miss of her, giveing him the same
orders not to suffer her to pass the Keys, etc. On March 30 at
night she past the man-of-war that lay to windward, and by
morning was within a league of the other man-of-war, that lay
at the Keys, who upon sight of her, fired a gun, and brought her
to, and caused her to cast anchor close by him. I ordered the
Captain of Port Royal Fort to go on board her, and know her
business here. The Commander's answer was that he had brought
35 prisoners to exchange for French, most of which were men
taken at the Bay of Andoras with turtlers, and others belonging
to the Windward Islands.
Refers to Minutes of Council enclosed. I replied that I could
not receive the French Governor's letter, nor keep any correspondence with him, since the Queen of Great Brittain, my mistriss,
and the French King were at war—that I could exchange no
French prisoners without positive orders from H.M. or the Lord
High Admiral of England, and that I would lay the just reasons
before H.M. how great a disadvantage it would be to her service
to have the French prisoners exchanged in these parts, and that
if he or his sloop's Company wanted any refreshment that this
Island afforded, I would give orders he should be furnished with
the same. According to my demands in the Minutes of the
Councill, I had the 35 prisoners delivered to me in lieu of those
sent to France, and the Lieut. Governor's word of honour to
have satisfaction made for the sloop; after which I ordered a
man-of-war to convoy him to the coast of St. Domingo, and had
nothing further to do with him, which, as I am informed, has
been very much to the dissatisfaction of the French, that they
could not have an opportunity of settling a correspondence with
Jamaica as formerly.—What I mentioned, Feb. 27, of severall
French to the number of 70 or 80, who were desirous to come under
our protection; before I could send a sloop there, the French
and Spaniards had fallen upon them, and obliged them to surrender
at their mercy.—The Act for Quartering the soldiers expiring
August 1st, I have been obliged to call an Assembly, which is to
meet July 10. I must own I am very apprehensive of their
stubborn, cross tempers, but I shall use all my endeavours to make
them sensible of our gracious Queen's care for them, as well
as the vast expence she is at to preserve their lives and fortunes.
Our late Chief Justice, Col. Beckford, having desired leave to lay
down thro' the infirmity of his age and for other reasons, which
are not proper here to insert, I have granted his request and
have appointed Lieut. Coll. John Walters in his place, who has
been Assistant Judge upon the Bench these 5 years past, and I hope
will prove a very even tempered man, and that justice and equity
will take place. We have here a report by a Master of a vessell,
who has made his escape from Martinico, that the French expect
forces from Old France, with a Fleet of men-of-war, to come
and attack Jamaica; for my own particular, I take it to be nothing
but a French Gasconade, to keep the Spaniards in hopes, but
if it should happen otherwise I hope we shall shew ourselves
faithfull servants to our gracious Queen, and like true English
men, not be daunted at their numbers. I have seen a letter
of credit from the Lord High Treasurer, directed to me, for the
supplying Rear-Admirall Whetstone with 2,000l., which as
soon as he has occasion shall be duly comply'd withall, etc.
Signed, Tho. Handasyd. P.S. Proposes Col. Edmund Edlyne
for the Council in place of Col. Ayscough decd. Endorsed, Recd.
6th, Read Aug. 10th, 1705. [C.O. 137, 7. No. 7; and 138, 11.
1169. Governor Handasyd to Sir Charles Hedges. Acknowledges letter of March 29 and H.M. Proclamation in the Gazette.
As to Major Lovell, he is not in my Regiment, neither will my
Major change with him, so that, unless he quits his Military post,
he cannot stay here, which he is not inclined to do. Repeats
part of preceding. Signed, Tho. Handasyd. Endorsed, R. Sept. 1st.
4 pp. [C.O. 137, 45. Nos. 65; and (duplicate), 65.i.]
1170. W. Popple, jr., to Wm. Heysham and Mr. Bernard.
Encloses extract of Journal of Council of Trade and Plantations
and copies of papers desired. (Cf. June 7.) [C.O. 29, 9. p. 311.]
1171. J. Barnard to the Council of Trade and Plantations.
In reply to [June 7], there is no proper ground there given for
any such inference concerning the Four suspended Councillors
of Barbados; neither is a bare surmise or suggestion of such
belief to be admitted as any evidence or proof in the cause before
your Lordships, etc. Prays for a speedy determination. Signed,
Jno. Barnard. Endorsed, Recd. Read June 13, 1705. ¾ p.
[C.O. 28, 7. No. 158; and 29, 9. pp. 312–315.]
1172. Governor Lord Cornbury to the Council of Trade and
Plantations. After having had severall accounts of Mr. Byerley's
ill usage of severall persons in the execution of his office of Collector
and Receiver Generall of this Province, besides his ill behaviour
to me, not to give it a worse term, which was his dayley practice,
and his constant disobedience to Orders made by me in Councill,
I was att last informed that Mr. Byerley countenanced illegall
trade. I told the person that informed me that that was a very
generall charge, and that unless he would come to a more
particular one, I should take noe notice of itt; upon which he
told me that Mr. Byerley gave Bills of Store for enumerated
commodities to be carried to foreigne plantations, for instance,
one to Capt. Cholwell (who is a mercht. of this city) for 200 cwt.
of cocoa to be putt on board ye sloop of one Claas Evertsen,
one Egbertsen Commander, wch. was bound to Surinam, and
he told me that the Bill of store was in the hand of the Register of ye
Court of Vice-Admiralty; I sent for ye Register, who did bring
me the bill of store under Mr. Byerley's hand; I have it now
in my custody. Upon this I enquired what the usage had been
here in the time of other Collectors. I find yt. most of the former
Collectors have been very sparing in that matter, and yt. when
they have granted bills of store, it has been for some small quantity
of tobacco or sugar to a Master, or some passenger for their use
in ye voyage, and even of these I have not seen any but to vessells
bound to some English Plantation, but not to any foreign
Colloney. I advised likewise with some of the Lawyers here,
who were of opinion yt. it was a manifest breach of the Laws of
Trade, and having consulted H.M. Instructions to me, I find that
in the last clause H.M. is pleased to express her self in these
terms (We take the good of our Plantations and the improvement
of the trade thereof by a strick and punctual observance of the
several laws in force concerning the same to be of so great
importance to this our Kingdom, and to the advancing the dutys of
our Customes here, that if we shall be hereafter informed, that at
any time there shall be any failure in the due observance of those
laws within the aforesaid Province, by any wilfull fault or neglect
on your part, we shall look upon it as a breach of the trust reposed
in you by us, which we shall punish with the loss of your place
in that Government, and such further marks of our displeasure,
as we shall judge reasonable to be inflicted upon you, for your
offence against us in a matter of this consequence that wee now
so particularly charge you with), so that this matter of fact being
so fully proved, I thought it my duty to suspend Mr. Byerley,
till I could receive H.M. commands thereupon, and in the
meane time I have appointed Mr. Peter Fauconnier to execute
this office. Recommends him for the appointment. He has given
security to the value of 8,000l. and has been Navall Officer ever
since I came into this Province, which he has executed with
utmost dilligence, and has taken pains to acquaint himself very
well with the Laws of Trade. He will give any security the
Lord High Treasurer shall require. This matter had not come
to light, had not the sloop been seized for illegal trade by the
Navall Officer, for carrying enumerated commodities to Surinam,
haveing taken the same on board privately, after she had clear'd
at the Custom House here, ye sloop being seized, ye Navall Officer
libelled agst. her in ye Court of Vice-Admiralty, where the Master
Ebertsen appeared to defend her, she was accused of having
taken on board at a place called ye Watering-place, 9 miles below
this City, some hogsheads of tobacco and of cocoa; the Master,
to alleviate his crime as much as he could, produced the bill of
store for the cocoa in Court. This sloop had been seized by
Mr. Fauconnier, ye Navall Officer, before, on suspicion of illegal
trade, and as belonging to an alien, but the proofs not being so
full as they ought to be, and ye sloop being laden ready to saile for
Surinam, and the Master pressing for leave to proceed on his
voyage, he had leave, haveing first given security to ye value
of the sloop and cargoe, if in case she should be condemned;
at the return of the sloop, ye information was given against her
and she was condemned. This is not the first thing of this nature
yt. this Gentleman has done, but he had so possessed ye people
here wth. notions of ye great interest he has in England, yt. they
durst not say anything against him, but now things begin to
come to light. In Sept., 1704, one Hugh Coward, Master of the
sloop Mary, came from Rhode Island to this Port, and applyed
himself to ye Navall Officer for leave to unload his goods (wch.
were bound for London) here, pretending his sloop was so leakey
yt. she could not performe her voyage till she was repared; ye
Navall Officer, upon his makeing oath before the Mayor of this
Citty, yt. his sloop was leaky, gave him a certificate (copy enclosed)
to ye Collector. Mr. Byerley did give leave yt. ye goods should
be landed, but instead of taking care yt. ye cocoa, of wch. ye
cargoe consisted, should be put into the warehouses belonging
to ye Custome House, by wch. means he might have been certain
yt. ye same should have been shipped again, he lett the mercht.
(one Joseph Bueno, a Jew, a particular freind of his) carry the
cocoa to his owne warehouse, and has taken noe care to see yt.
ye same goods should be shipped again, and ye Mercht. finding
yt. cocao bore but a low price in England, would never have
troubled himself to ship itt off, had not Mr. Fauconnier enquired
into that matter and obliged the Jew to ship itt off, wch. is done,
and ye sloop is sail'd for Virginia, in hopes to gett a convoy, but
ye intention of ye Jew appears pretty plain, by his offering
Mr. Fauconnier 50l. to pass itt by, but he rejected itt wth.
contempt. Mr. Byerley ordered the Ketch Mary to be seized,
upon suspicion of illegall trade, he libell'd her, and upon the tryall
the ketch was discharged, but the goods were condemn'd. Mr.
Byerley took ye goods into his own custody and sold them
for his owne use, for he has not given the Queen credit in his
accots. for her Third, he has not payd me my third, nor he has
not so much as payd the fees of the Court. I could acquaint
your Lordships with severall other things concerning Mr. Byerley's
behaviour here, wch. I suppose would not be approved of, but I
am unwilling to be tedious. Signed, Cornbury. Endorsed, Recd.
Feb. 1, 1705/6, Read April 3, 1706. 3½ pp. Enclosed,
1172. i. Certificate granting store for 1 cask of cacao in the
sloop Catherine, Dirick Egbertsen, Master, for Surinam,
at the request of Capt. John Cholwell. July, 1704.
Signed, Thomas Byerley, Collr. Endorsed, Recd. Feb. 1.
1705/6. Copy. ¾ p.|
1172. ii. Certificate of Naval Officer granting leave to the Mary
sloop of New York to unlade and refit, she proving
very leaky, provided the Collector's officers take an
account of the cacao laden, soe that we may be sure he'll
take the same on board again. New York, Sept. 14, 1704.
Signed, P. Fauconnier. To Thomas Byerley, Collr. etc.
Same endorsement. 1 p. [C.O. 5, 1049. Nos. 8, 8.i., ii.;
and (without enclosures), 5, 1120. pp. 418–426.]|
1173. Council of Trade and Plantations to Mr. Secretary
Hedges. Enclose following:—
1173. i. Instructions to Capt. Lloyd, as June 8, with additional clause impowering the Commodore to muster
the Company there. "You are likewise to take care that
no person is to be listed into our pay by you in
Newfoundland, but you are to expect the necessary
recruits from hence. … And you are to take care
that the soldiers constantly attend their duty and be
in a readiness as our service shall require." [C.O. 195,
3. pp. 453–456; and (covering letter with autographs),
194, 22. No. 31.]|
1174. Attorney General to the Council of Trade and Plantations. In obedience to your Lordships' commands, I have considered
the Act of Antigua [see April 17], for holding a Court of Chancery,
etc. I am humbly of opinion that Act is not fitt to be approved
by H.M. (1) For that by the Act as penned it must be taken
that the Governor in Cheif of that Island is absolute Chancellour
there, and the Court of Chancery to be holden before himself
alone, and this may give him another authority than he hath,
for that (as I take it) the Courts of Chancery in the Plantations are
to be holden before the Governor and Councill. (2) For that
the powers given by this Act to the Lieut. Governour or President
of the Councill and three of the Councill in the absence of the
Governor, to hold the Court of Chancery, will be properly done
by H.M. Instructions to the Governor, which will be in H.M.
power to alter, if any inconvenience appears, but will not be if
this Act be approved. (3) For that this excludes all appeals to
H.M. from the decrees of the Lieut. or President and Councill,
how unjust soever, if the value of the matter decreed does not
exceed 500l. currant money of that Island, which ought not to
be, but be left to H.M. royall breast, to receive all appeals of
her subjects if she shall see cause so to do. (4) For that it settles
rules for proceedings in the Court of Chancery, which will be
more properly settled by orders in that Court, to be made by the
Judges of the Chancery; for that if these rules be established
by an Act, it will not be in the power of the Court of Chancery
to allow any longer time than is allowed by the Act, though
Justice on ye circumstances of particular cases should so require.
(5) For that by this Act another Court of Chancery is to be
erected, in the Court of Exchequer there, and a Chancellor of the
Exchequer, with power to proceed in all Causes arising in that
Island, as the Court of Exchequer in England may proceed, which
relating only to H.M. rights and revenues, may be prejudiciall to
H.M. interest, besides that no appeal is reserved to H.M. from the
decrees to be made by the Court of Exchequer, and to me it seems
one Court of Equity is sufficient for the Island. (6) It is provided
that no Administrations shall be granted but in open Court, and
on hearing the partys opposing the same, which seems to imply
that every Administration to a person dying intestate in that
Island is to be granted there, which is not necessary, for that an
Administration granted to such intestate in the Prerogative Court
of Canterbury is a valid Administration, and being produced in
the Plantations must be allowed there. Signed, Edw. Northey.
Endorsed, Recd. July 6, Read Oct. 30, 1705. 2 pp. Enclosed,
1174. i. Copy of Mr. Popple's letter, April 17. 1 p. [C.O.
152, 6. Nos. 26, 26.i.; and 153, 9. pp. 265–268.]|
1175. Colin Campbell to [? Mr. Secretary Hedges]. Duplicate
of June 15. 3 large pp. [C.O. 194, 22. No. 29.]
1176. T. Kirton to the Council of Trade and Plantations.
The answer of John Leslye and others, the petitioners against
Governor Sir B. Granville to part of the Memorial of the Agent
of Barbados [June 7]. The sums of 600l. and 500l. was given him
as a meere present after H.M. letter was signified to him, and
by the Governor's directions the Minutes were made for defraying
his charges for spy-boats etc., to conceal the same from H.M., and
not intended to reimburse him any such charge, there being no
such estimate or charge contracted for, his cellars (besides the
two aforesaid summes) being supplied with liquors, his houserent paid for, and a small vessel as a spy-boat, out of the public
Treasury of the Island, besides the present of all the duties of
his liquors etc. Signed, Jno. Kirton. Endorsed, Recd. Read
June 14, 1705. 1 p. [C.O. 28, 7. No. 159; and 29, 9. pp.
1177. Capt. Lloyd to the Council of Trade and Plantations.
Refers to news of the destruction of St. Johns etc. [April 20], confirmed by Mr. Campbell, the Prize officer there [June 15]. When
I was at the head of the Company there, the like attempts were
continually threatened, but, by my obliging the inhabitants to
build guard-houses and keep guards among themselves, and my
maintaining of spies to observe the motions of the enemy, I
always prevented it. This method has been wholly neglected
since my being in England, and from thence the enemy has
prevailed, by putting the inhabitants upon keeping the guards
aforementioned (tho' the same was altogether calculated for their
own preservation and the soldiery ne'er the less upon duty) has
been the Chief, if not the only occasion, of their complaints against
me. Prays for Instructions for his future guidance in this matter.
Signed, Tho. Lloyd. Endorsed, Recd. Read June 19, 1705.
2 pp. [C.O. 194, 3. No. 62; and 195, 3. pp. 479, 480.]
1178. W. Popple, jr., to Mr. Lowndes. Encloses wants of
Newfoundland Company (June 8) to be laid before the Lord High
Treasurer. [C.O. 195, 3. p. 459.]
1179. Mr. Thurston to W. Popple. Prays that the Admiralty
be moved for orders to the man of war appointed for Newfoundland to take on board the soldiers' cloaths, etc. Signed, J. Thurston.
Endorsed, Recd. Read June 14, 1705. Addressed. ¾ p. [C.O.
194, 3. No. 61; and 195, 3. p. 460.]
1180. W. Popple, jr., to Mr. Burchett. Desires him to move
the Admiralty according to Mr. Thurston's request above. [C.O.
195, 3. p. 461.]
1181. Mr. Burchett to W. Popple, jr. Reply to preceding.
The two men of warr bound to Newfoundland are so full of stores
and provisions that they cannot carry the cloathing. Signed,
J. Burchett. Endorsed, Recd. Read June 15, 1705. Addressed.
1 p. [C.O. 194, 3. No. 63; and 195, 3. p. 462.]
1182. Contractors with the Czar to the Council of Trade
and Plantations. Pray that Peter Marshall and his wife may
not be recalled till they have done their work in Russia [May
23, 26]. Signed, Nath. Gould, Sam. Heathcote, Wm. Dawsonne.
Endorsed, Recd. Read June 14, 1705. 1½ pp. [C.O. 5, 1314.
No. 62; and 5, 1361. pp. 354, 355.]
1183. Council of Trade and Plantations to Mr. Secretary
Harley. Recommend preceding petition, "in case the direction of
this affair as to the time and manner of sending those persons and
destroying the engins and materials be wholly left to your Majesty's
Envoy, and that he be ordered to cause the said persons to be
conveyed out of Muscovy and the engines to be broken
immediately, in case he shall judge that any danger shall arise
to the publick in disolving those mysteries by such prolongation
of time." [C.O. 5, 1361. pp. 356–358.]
1184. Council of Trade and Plantations to the Queen. In
obedience to Order of April 23, we have examined the papers
and parties concerned (June 7 etc.) and do not find anything in
further justification of the Governor of Barbados, or cause to
make any alteration in our report. [C.O. 29, 9. pp. 317, 318.]
1185. Colin Campbell to the Council of Trade and Plantations.
On April 28 Lt. John Moody ordered me for England in the
sloop Friendship of Boston impressed by him for H.M. service
with sundry packetts for your Lordships, the Board of Ordnance
etc. Describes capture by a French privateer after he had thrown
all his papers overboard. I ransomed the sloop for 100 guineas
giving him Bills of Exchange, thinking it would be to the advantage
of the Government to have speedy advice of the distressed condition
of Newfoundland. Enumerates the sunken papers. The box
directed to the Board contained a Journal of M. Subercasse's
invasion, Jan 21—Feb. 23. Gives his own account from memory:—On Jan. 21 the Governor of Placentia with about 600 men, including 150 Indians and Canadians, did march from Placentia by
land to Bay Bulls, thence to Petty Harbour and St. John's,
which Harbour they took by surprise about 3 a.m., and after
having barbarously murdered many of the inhabitants and made
the rest prisoners, they laid siege to H.M. Fort, commanded by
Lt. Moody and Robert Latham with about 70 men whereof about
20 inhabitants, etc. [See April 20]. We lost no more than I
sergeant and 2 or 3 private men. On Feb. 23 the French marched
S. to Fair Ellen's carrying away as prisoners all the inhabitants
and myself, and left behind the Canadians and Indians to make
good their retreat, who joined them soon after, committing the
like barbarity as they had done at St. John's all along as they
went, at Kitty Vitty, Patty Harbour, Bay of Bulls and Fair
Ellen, etc, where I obtained my liberty by humble solicitations.
There M. Subercass ordered the Canadians and Indians under
M. Mountigny to march to the Northward, which they did by way of
Hollyrood, in the Bay of Consumption, burning and destroying
in like manner the harbours of Harbermaine, Breckhouse, Portegrave, Island Cove, Harbour Grace, Carbineer, Bay of Verdes, etc.,
all along to the northward, and when I came from Newfoundland
(May 4) they were not gone from Trinity Bay, M. Subercass being
with the rest of the forces returned to Placentia by the way of
Trepasse and the Bay of St. Mary's with about 200 English
prisoners and is there safely arrived, as we understand by some
that have since made their escape from thence.
The packet also contained sundry depositions taken by Lieut.
Moody against John Roop, that he had endeavoured during the
last winter industriously to diswade the inhabitants from
contributing any assistance by watching or otherwise for the
security of the Forts and Harbour, and that he had, while the
French were there, discovered to them what he knew of the weakness of the Fort and Castle, and that the enemy acknowledged to
have received very considerable services from him by intelligence,
etc., and that after the first 3 or 4 days he was at perfect liberty
during all the time the French continued in St. John's. A
petition to H.M. from the inhabitants of Carboneer did referr
to two former petitions laid before your Lordships, and did
represent their great sufferings and services both during the last
warr and now in defending the Island of Carboneer from the
utmost insults of the French, and praying H.M. orders for their
relief and future security by appointing a Fort and garrison there.
As to the Fort and Batterys, I believe they need very much
to be repaired, especially Fort William, both within and the
outworks. Signed, Colin Campbell. Endorsed, Recd. Read
June 15, 1705. 3¾ large pp. [C.O. 194, 3. No. 64; and
195, 3. pp. 463–476.]|