America and West Indies: November 1706, 16-30

Pages 307-323

Calendar of State Papers Colonial, America and West Indies: Volume 23, 1706-1708. Originally published by His Majesty's Stationery Office, London, 1916.

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November 1706, 16-30

Nov. 16.
Customhouse, London.
605. R. Savage to Mr. Popple. Encloses following. Signed, Rich. Savage. Endorsed, Recd. 18th, Read 25th Nov., 1706. Addressed. ½ p. Enclosed,
605. i. Mr. Davenant to Mr. Popple. Encloses following etc. Signed, Charles Davenant. 1 p.
605. ii. Imports of Naval Stores and Whale fins and oil from the Plantations, Dec. 25, 1705—Sept., 1706. See House of Lords MSS., New Series, VII. No. 2402 (c). Signed, Charles Davenant. Nov. 15, 1706. 1 p. [C.O. 323, 6. Nos. 20, 20.i., ii.; and 324, 9. pp. 129, 130.]
[? 16 Nov.] 606. Lt. Governor Bennett to the Council of Trade and Plantations. The copies of Acts demanded [May 30] are preparing, and shall be transmitted as soon as possible, but the sending of them was not omitted, they haveing been twice returned. I shal for the future take care (if time permits me) to examine Acts of Assembly and Minutes of Council with the Secretary, but with submission, my Lords, it's his particular business that they are true copys from the Records, he swearing to that purpose to the best of his examination. I shal be exact in sending half yearly accounts of public stores, and wou'd now again transmit what hath been expended since my arrivall, but have not time to transcribe. Refers to letters etc. of Sept. 19 and Nov. 8, concerning Capt. Jones, who remains in Virginia, awaiting an opportunity for England. Repeats parts of Nov. 8. Pray my Lords compare the infamy he brands me and the country with, mentioned in Greatbatch his affidavit (formerly transmitted) and the villainous crimes he charges me with, in the enclosed affidavit, and then judge how far it may be thought to be a continued opinion which may induce your Lordships to credit the former (wherein I am said to be a perjur'd dog) altho' Capt. Jones offer'd to swear in contradiction thereof. As for the management of his office of Secretary by which he claims the clarkships of all Courts, your Lordships have had particular accounts of from the Council, and also now again in the preamble of an Act of Assembly for the further regulating the Courts of Judicature, and some time since from the Judges by their remonstrance, also from the Justices of the Peace, enclosed. And because Capt. Jones publickly affirmed that what was incerted in the preamble of the abovesaid Act was all a lie, and that the Judges would not own it, therefore they prayed me to grant an authority to persons to take their affidavits to the truth of what they had remonstrated, as also did the Justices of the Peace, and now comes their affidavits to confirme them I have had many complaints from the Quarter Sessions of his imperious behaviour there, and of the unpresidented liberty he gave (as being Provost Marshall) to prisoners committed for contempt to Government, one representation is herewith sent. As to what it mentions relateing to prisoners, I know great part of it to be true, and much more might have been added. I have received your Lordships' of May 31, and a day of Thanksgiveing has been accordingly religiously observed throughout these Islands, for H.M. happy success over her enemys in Brabant. Inclosed is an Address from the Assembly which they desired me to transmitt, it relates to Capt. Jones. I have likewise sent copies of two petitions with interrogatories annext, which he gave me but a few days before he went on Sept. 22. What use he intends to make of them I know not, but my answer to him was when he would depute according to my nomination pursuant to H.M. Order in Council of April 4 last, I would imediately call a Council and consult on his petitions, and what examinations were proper to be taken should be before me. If I had imediately comply'd and appointed persons, it was impossible any thing could have been done therein, his stay being soe short. I am apprehensive (because he hath said soe) that he will complain I have made noe officers in the Government but such as are his enemys, more especially the Chief Justice and Attorney General, the first being Col. Anth. White, the other Mr. Tho. Burton, both which were unanimously recomended by the Council, to which my Instructions obliges me to have regard. My Lords, I am very unhappy under the circumstance of not haveing persons amongst us qualifyed to make up a Govermt., which occasions me continuall trouble and uneasyness (this being a very poor place, therefore ingenious men that's knowing in the law will not settle here) but my endeavours have never been to disturb Capt. Jones in his offices, altho' I frequently told him of his thin and weak contrivances and endeavours to enthrall me. Refers to enclosures. With Capt. Jones went from hence one Capt. Martin Enley, Thomas Nitchells and Thomas Dunscomb, whom I presume will appear on behalf of Capt. Jones. My brother is prepared to answer them etc. Signed, Ben. Bennett. P.S.—Since I had finished this letter, a master of a vessell arrived from Barbados, who tells me on the 9th inst. came in there Sir John Jennings on board the Devonshire with the blew fflag at the mizzen top-mast head, and with him tenn sail of men of war, one fire-ship, and a tender from the strieghts, and on the 12th following sailed to the Leeward Islands (leaveing only the Northumberland behind who sprang her main-mast), and by advice from Anguilla I understand seven of them anchored under Mountserratt, the other three were delivering guns att Nevis. Signed, B. Bennett. Endorsed, Feb. 7, Read March 14, 1706/7. Holograph. Undated. 6 pp. Enclosed,
606. i. (a) Deposition of Daniel Greatbeatch. Duplicate of C.S.P. 1703, No. 1014. lviii. (b) Deposition of Benjamin Fox. Duplicate of Nov. 8. (c) Speech of Col. Anthony White to the Grand Jury, thereupon, Dec. 2, 1706. (d) Reply of the Grand Jury, affirming the integrity and good government of Col. Bennett. Endorsed, Recd. Feb. 7, 1706/7. 7 pp.
606. ii. Copy of trial of Thomas Barrow, Nov. 20, 21, 1706. Grand Jury: Capt. Daniell Keele, Foreman; Samuel Newbald, Mathew Witter, Joseph Durham, Richard Huntt, Robert Dickinson, John Darrell, Capt. Wm. Outerbridge, Capt. John Harvey, Benja. Burton, Daniell Tucker, John Gibbs, Richard Gilbert, James Bassett, Joseph Hutchins. True bill returned that Barrow publicly declared that he knew he could have no law or justice in the Island. He now denied the jurisdiction of the Court and refused to plead. He was fined 40l., and in event of refusing to pay, to be kept in charge of the Provost Marshall. Endorsed as preceding. 4 pp.
606. iii. Trial of Capt. Newnam. Duplicate of Nov. 8.
606. iv. Act for regulating the Courts etc. Duplicate of Nov. 8.
606. v. Petition of E. Jones to Lt. Governor Bennett. June 4, 1705, petitioner moved to be admitted Clerk of the Court of Assize, but never impeded the Judges from holding the Court by denying them the perusal of the Records, nor protested against their proceedings. Petitions for the examination of said Judges in his presence before his departure on Saturday, Sept. 19, 1706. Signed, Ed. Jones. Endorsed, Recd. Feb. 7, 1706/7. Copy. 1½ pp.
606. vi. Interrogatories proposed to be put to the Judges Samuel Sherlock and Samuel Smith, as in preceding. Same endorsement. Copy. 1½ pp.
606. vii., viii. Petition of Mr. Jones to Lt. Gov. Bennett, with Interrogatories, praying that the witnesses against him may be cross-examined thereupon. Sept. 18, 1706. Same endorsement. Copies. 2¼ pp.
606. ix., x. Depositions of Thomas Bostock and George Darrell, Nov. 12, 1706, that by claiming the right of being Clerk of the Courts and refusing to part with the Records out of his hands Jones caused adjournments of the Courts, 1704, 1705. Same endorsement. Copies. 2¾ pp.
606. xi. Justices of the Peace to Lt. Governor Bennett. Protest against the liberty allowed to Mr. Nelson by Mr. Jones as Provost Marshall, the irregularity of his accounts, his failure to produce a Grand Jury, his refusal to allow Dr. Josias Starr to be tried, on the grounds that he is his prisoner, though he has allowed Dr. Starr to be at liberty for many weeks etc. Pray H.E. to suspend Jones. Signed, Francis Jones, John Dickinson, Dll. Johnson, Tho. Burton, Richd. Gilbert, Henry Tucker, Wm. Outerbridge. Same endorsement. Copy. 4 pp.
606. xii. Assembly of Bermuda to Lt. Governor Bennett. Sept. 13, 1706. Mr. Samuel Daffy having carried about a paper for subscription setting forth that Mr. Jones was generally esteemed etc., and that the Secretary for the time being allwayes acted as Clerk of the Council and Clerk of the Generall Assize, things notoriously false and scandalous, wee have voted that the Attorney Generall doe prosecute the subscribers. Severall of them have been examined before a Committee of this House, who all declare being perswaded and ignorant in such matters was the occasion of their signing it; indeed one Member of this House also signed, for which he hath been expelled the House, and lyable to be prosecuted with the rest; which libellous paper is supposed by us to be contrived by Jones to confront our former proceedings allready transmitted against him, wee make it our chiefest care and hope in a little time to finde out all the subscribers that they may receive their just reward and condign punishment. Jones has neglected his duty and obstructed the course of Justice by claiming the clerkship and calling the Court of Quarter Sessions his Court etc. Same endorsement. Copy. 3 pp.
606. xiii. Deposition of Lt. Col. Tucker, Nov. 12, 1706. Mr. Jones claimed the Clerkship at the Court of Assize held before Mr. Sherlock and Mr. Smith June 4, 1705, and caused the adjournment of the Court by refusing to produce their Commissions from the Records in his office etc. Since his last arrival, Capt. Jones, when deponent was one of the Justices at Quarter Sessions, claimed the Clerkship again and said it was his Court. Signed, Will. Tucker. Same endorsement. Copy. 1½ pp.
606. xiv. Copy of Deposition of Thomas Burton, J.P. and Richd. Gilbert, J.P. to same effect as preceding. Same endorsement. 1 p.
606. xv. Copy of Deposition of Charles Minors. Capt. Jones threatned to sue any person who should act as Clerk of Assize without his permission, and thereby deterred him from so acting. Same endorsement. 1½ pp.
606. xvi. Copy of Deposition of John Dickinson, J.P. Mr. Jones refused to provide a jury for the Court at Quarter Sessions, July 18, 1706. The Court complained to the Governor of his contempt, etc. Same endorsement. 1 p.
606. xvii. Copy of Deposition of Saml. Sherlock and Samuel Smith, as first part of No. xiii. Same endorsement. 1½ pp. [C.O. 37, 7. Nos. 42, 42.i.–xvii.; and (without enclosures) 38, 6. pp. 234–243.]
Nov. 16.
607. Lt. Governor Bennett to Mr. Popple. Repeats part of preceding and refers to above enclosures relating to Mr. Jones. Signed, B. Bennett. Endorsed, Recd. 11th, Read 14th March, 1706/7. Holograph. 2¾ pp. [C.O. 37, 7. No. 44; and 38, 6. pp. 245–248.]
Nov. 18.
New York.
608. Governor Lord Cornbury to the Council of Trade and Plantations. Refers to letter of Sept. 10. The Assembly of New Jersey was to sit at Amboy on Oct. 24. At my arrival at Amboy, I found none of the Councill there, and but four of the Assembly, this was upon Friday, soe I thought fit to adjourn the Assembly till the Munday following, to give the Members both of Councill and Assembly time to come in, on the Saturday Mr. Pinhorn, Mr. Mompesson and Col. Townley arrived, on Munday Col. Ingoldsby and Coll. Cox came to towne and 4 more of the Assembly, soe there not being enough to make a House I adjourned the Assembly till the next day, and soe for severall days, on Tuesday Major Sandford arrived and 4 more of the Assembly, and on Thursday I received letters from the Western Division, to acquaint me that Mr. Revell, Mr. Davenport, and Mr. Leeds, all three of the Councill, were very ill, and likewise that the Speaker was ill, but hoped in few days to be able to travell. Mr. Jennings, who is a Quaker and one of the Councill, wrote to me himself to desire that he might be excused from serving any more in Councill, saying that the charges that attended that service were too great for a man in his circumstances. I acquainted the rest of the Councill with that letter, who were all of opinion that his request ought to be granted, which I have agreed to, and if your Lordshipps please that Mr. Sonmans may be admitted in his stead, it shall be done as soon as I receive your orders for it. After having attended till Nov. 14, and finding noe likelihood of any more Members of the House coming, I adjourned the Assembly by proclamation to March 12, 1706, but since that, having discours'd Col. Quary and some others of the Councill, I have resolved to dissolve that Assembly, that we may have a new one chosen according to H.M. additional Instruction to me. Having last summer received from Mr. Secretary Harley H.M. Royall Commands to cause a grant or grants to be passed under the Seale of the Province of New Jersey of all the Proprietys and shares of Proprietys of Arent Sonmans, deceased, and Peter Sonmans his son, to one Joseph Ormston of London, merchant, and Rachell, his wife; this letter was brought to me by one John Ormston, at a time when my wife lay very ill of a sicknesse of which she is since dead; this Ormston was very pressing for me to goe immediately into New Jersey to dispatch that grant; the letter being directed to me and Councill, I told him that as soon as I could see my wife in such a condition that I might hope to find her alive at my return I would goe, and accordingly I did in some time after that (hoping my wife had been upon the recovery) send to the Secretary of New Jersey to acquaint all the Gentlemen of the Councill that I desired them to meet me at Amboy on a certain day in June, at which time I was there according to appointment, but there met me but 3 of the Council, and as by my Instructions I am directed not to act with lesse than 5, unlesse it be in cases of emergency, in which I may act with 3, soe I did not think this case to be of that nature, espetially when the Secretary acquainted me that Mr. Peter Sonmans had entred a caveat in his office against the passing of any such grant, before he was heard; I told Mr. Ormston that I was sorry it happned soe that he could not be dispatched at that time, but that I hoped in a little time I should get the Councill together, and that he should always find me ready to obey H.M. commands in all things; after this I returned to York, where the people were in continual allarms, occasioned by the frequent accounts we had from the West Indies, of Monsieur d' Iberville's design of attacking this place, and indeed I did not think that a proper time to be absent from this place. I was therefore forced to put Mr. Ormston off till the time the Assembly was to meet at Amboy, which was to meet in October, this Mr. Ormston was extreamly angry at, and told some persons here that he would send complaints against me into England for this delay, this came to my knowledge but within a few days, and that is the cause of my troubling your Lordshipps with this matter at this time, hoping you will be soe kind as to stand my friends upon this occasion, considering the reasons that obliged me to it. Being at Amboy at the time the Assembly was to have sate there, and there being 5 of the Councill there, I did acquaint them with the commands I had received from H.M., and ordered the letter to be read, which being done and the Secretary acquainting the board that Mr. Sonmans had entred a caveat in his office, I ordered Mr. Ormston and Mr. Sonmans to be called in, and acquainted them that I had communicated the Queen's commands to the Councill, and that we were ready to hear what they had farther to offer. Mr. Ormston said that the Queen's orders were positive and that he expected in obedience to them he should have a grant under the seale of the Province of the estate of Arent Sonmans deceased, and Peter Sonmans his son. To this Mr. Sonmans replied, that this Order was obtained after he left England, and consequently without his being heard, that he is naturalised and consequently ought to be looked upon as a naturall born subject, and that as such he ought not to be divested of his freehold without being heard, that he had many things to offer against the passing of any such grant, and desired he might be heard by his Councill on the Munday following, this order was made on Saturday, Nov. 9, and accordingly on Munday Mr. Sonman's Councill was heard; Mr. Ormston having Councill alsoe, the Councill for Mr. Sonmans insisted that the Queen was deceived in her grant, and offered many reasons to prove it, which I don't trouble your Lordshipps with now, because I have sent a full account by the way of the West Indies, they further insisted that though an Alien can hold noe lands but in right of the Crowne, yet the Queen can make noe grant of any such lands till they are vested in the Queen by an office found upon Record; the Councill for Mr. Ormston did not offer any things against the points of Law urged by the Councill of the other side, but insisted that the Queen's commands were positive, and ought to be obeyed, and that the Governor and Councill of New Jersey are not competent judges whether the Queen's commands shall be obeyed or not, and this was all that was offered on that side, this being done, I desired the Gentlemen of the Councill to consider what had been offered on both sides, and that if they were not ready to give their opinions then, they should have time, but I had rather they would doe it then, they all said they were ready, and declared one after another, that they were of opinion that noe grant ought to passe, till the whole matter were humbly laid before H.M., and her pleasure farther known; this I have endeavoured to do as fully as I could by way of the West Indies, both to the Rt. Hon. Mr. Secretary Harley and to your Lordships, of which I would have sent duplicates by this ship, but I am come to towne just time enough to write this letter. Signed, Cornbury. Endorsed, Recd. April 28, Read May 7, 1707. Holograph. 3¾ pp. [C.O. 5, 970. No. 44; and 5, 994A. pp. 293–300.]
Nov. 18.
609. W. Popple to Sir John Stanley and Wm. Bridges. The Council of Trade and Plantations being informed that you have received severall papers from Barbadoes and in particular the Act for ascertaining the continuance of the General Assembly, desire you to let them have them as soon as possible. [C.O. 29, 10. p. 207.]
Nov. 18.
610. Mr. Secretary Hedges to the Council of Trade and Plantations. You are to transmitt the Instructions for Governor Crowe, in order to their being laid before H.M. in Council tomorrow. Signed, C. Hedges. Endorsed, Recd. Read Nov. 19, 1706. ½ p. [C.O. 28, 9. No. 77; and 29, 10. pp. 211, 212.]
Nov. 19.
611. Council of Trade and Plantations to Mr. Secretary Hedges. Acknowledge preceding. We have transmitted the Instructions. We should have been very glad to have received the directions of the Lords in the choice of a new Councill (Nov. 15) but being pressed by your letter we have annexed the names of such persons as upon the most impartial enquiry wee find most proper etc. See following. Autograph signatures. Endorsed, R. Nov. 19. 1¾ pp. [C.O. 28, 38. No. 55; and 29, 10. pp. 348, 349.]
Nov. 19.
612. Council of Trade and Plantations to the Queen. Enclose draught of Instructions to Governor Crowe. But whereas it has been represented to us, that several of your Majestie's Councill there have been contrivers and promoters of the late Acts, to supply the want of cash and for ascertaining the continuance of the General Assembly, which have occasioned much trouble and disorder there, and that the said Counsellors have made use of the Paper Bills issued out according to the late Act to pay their particular debts; that they are incumbred with debts and ingaged in Law Suits: We are humbly of opinion that those persons are not proper to assist your Majestie's Governor in the execution of your Majestie's Commission and Instructions, nor will readily contribute to the passing any future Law for the indemnifying such persons as have been sufferers by the Paper Act, as has been already directed by your Majesty. We therefore herewith humbly offer the names of such persons as the Merchants and others concerned in the trade of Barbadoes, several of which were upon the Island during these transactions, have represented to us as most fit and proper in this conjuncture to carry on your Majesty's service and the good of the Island. Autograph signatures. Endorsed, Recd. Nov. 19. 2 pp. Annexed,
612. i. Lists of persons recommended to be Councillors of Barbados by Lord Grey, Sir B. Granville, and others. Present Council: Characters by Mr. Heysham, Col. Scot and others:—
George Lillington: Suspended. A sensible man and good estate.
Wm. Sharpe: Much in debt: an execution against him. He was for the Paper Bill, and paid severall of his debts with those Bills.
Pat Meine: In England. He has no estate in Barbadoes, but what he detains from orphans.
Richard Scot: In England. An honest man.
Thomas Merrick: For the Bill. Dead.
Saml. Cox: Much in debt and for the Bill.
Wm. Cleland: For the Bill. The promoter of all their disorders.
John Mills: Much in debt; for the Bill and has paid off a judgment of 1,000l. in Bills.
James Colleton: For the Bill (Dead).
Alex. Walker: Very much in debt, a promoter of ye Bill.
Middleton Chamberlain: In debt, very much involved in Law.
Council agreed by the Board, Nov. 19, 1706. George Lillington, Tobias Frere, Richard Scott, Thomas Merrick (dead), Wm. Wheeler, John Hallett, John Lesley (bad and in debt), John Wiltshire (dead), Thomas Alleyne, John Pilgrim, Simon Lambert (Promoter of Divisions), Wm. Cole. 2 pp. [C.O. 28, 38. Nos. 56, 56.i.; and 29, 10. pp. 212–215; and (without covering letter) 28, 9. No. 78.]
Nov. 19.
613. Order of Queen in Council. Referring following to the Council of Trade and Plantations for their report. Signed, John Povey. 1¼ pp. Enclosed,
613. i. Council and Assembly of Barbados to the Queen. Upon alarm of a French invasion last December, the Governor put the Militia in the best disposition they were capable of, and fortifications, laid out by Col. Lilly, were begun at great expence and labour night and day. The charge has been very grievous and infinitely prejudicial to the Plantation affairs of your subjects here, and so by consequence a loss to Trade. Pray that the 4½ p.c. collected in the Island may be disposed of there by H.M. Commissioners of Customs of the Island in the completion of the said fortifications, thereby saving the hazard and great charges of transmitting the same to England and back. Petitioners represent the weak condition of their Militia, and pray H.M. to order a full Regiment of regular troops for strengthning the same. For the better encouragement of such troops, an Act is passing appointing free quarter as an addition to your Majesty's pay, which petitioners humbly pray may be fully and punctually paid them within said Island; without which, notwithstanding of said free quarter, they will not be upon equal foot with your Majesty's troops in Europe. Signed, Wm. Sharpe, Saml. Cox, Wm. Cleland, John Milles, James Colleton, Middleton Chamberlen, Alexander Walker. Thomas Alleyne, Speaker, John Holder, George Peers, Thomas Sandiforde, Paul Lyte, Reynd. Alleyne, Sim. Lambert, Benj. Bullard, Elisha Holder, Thos. Prideaux, Richd. Sandiford, Robert Waite, Thos. Prideaux. Endorsed, Recd. Read Jan. 8, 1706/7. 2 pp. [C.O. 28, 9. Nos. 86, 86.i.; and 29, 10. pp. 377–383.]
Nov. 19.
614. Order of Queen in Council. Repealing 13 Acts of New Hampshire as advised July 19. Signed, John Povey. Endorsed, Recd. Read Dec. 6, 1706. 2½ pp. [C.O. 5, 864. No. 79; and 5, 912. pp. 210–213.]
Nov. 19.
615. Order of Queen in Council. Ratifying 13 Acts of New Hampshire, as advised July 19. Signed and endorsed as preceding. 2 pp. [C.O. 5, 864. No. 80; and 5, 912. pp. 213–216.]
Nov. 19.
616. Governor Handasyd to the Council of Trade and Plantations. Acknowledges duplicate of July 19, with H.M. Instructions on a Petition from Bristol relating to bottled ale, which I have laid before the Assembly now sitting. I inclose the best account I can gett of the French and Spaniards' attempt on Carolina, which I desire your Lops, after your perusall, will send to the Secretary of State, if you think it proper. The Chief Justice of this Island, Col. Walters, departing this life, I have been obliged to appoint in his stead Coll. Peter Heywood, who has been the eldest Assistant Judge these 12 or 13 years; I must confess I have no extraordinary opinion of him, but he was the best I could get, having proffered it to severall other Gentlemen, who I thought were fitter for it, and they all declined it. The Assembly have made three Bills ready which they would oblige me to pass before they go on any other business, though they are all contrary to H.M. Instructions, one for quartering the Regiment for three months; another an explanatory Act as they call it, to the Act relating to H.M. Quitt-Rents, and in effect is the recalling an Act made two years ago, by which severall lands fell to H.M. for the non-payment of the Quitt-rents. In which they first gave 12 months time for the advantage of the Proprietors, before the land became forfeited to the Queen; and after that re-enacted it for six months longer; and it is possitively contrary to H.M. Instructions, that any Act should be re-enacted but on an extraordinary occasion, and on no pretensions to do it a second time without H.M. leave first obtained for the same. The third is an Act for regulating the ffees of offices, vizt. the Secretary of the Island's, the Provost Marshall's, the Clerk of the Crown's, the Clerk of the Court's, and the Register's in Chancery; but in plain is for no other reason than to discourage Englishmen's serving in any office here, that they may engross all into their own hands; in the same Act they oblige all lawyers to take a ffee of a piece of eight and no more, which will not go farther here than a shilling in England, considering the charges of travelling and other expenses they must be at; but there being good and sufficient Laws already made for 21 years for the regulation of all fees of offices etc., I am therefore resolved not to pass this Bill; nor will I do the two former till I have directions from your Lops., which I cannot expect this Sessions. But as to the Quartering Act, they are beginning another for 12 months, and I hope I shall be able to prevent their tacking the other two to it, this year. I proposed to the Assembly for the advantage of H.M. Revenue, the inserting a clause in the Quitt-Rent Act to impower the Receiver-Generall to tender an oath to all such as come to pay their Quitt-Rents, to oblige them to discover whether they have any more lands in their possession than they then pay Quitt-Rent for, either belonging to themselves or others; but it being a custom here for persons to keep in their possession several hundred acres of land they pay no Quitt-rent for, they have wholly declined it, as appears by the Minutes of the Councill and Assembly now sent to your Lops. I am now to recommend to your Lops. Mr. John Ayscough to be one of the Councill in the room of Coll. John Walters deceased; he has always behaved himselfe in the Assembly with a great deal of respect to the Queen's authority: he understands the Law, and is a man of as good substance as any in the Island. I have taken care to give the Spaniards all the notice I can of the success of H.M. and her Allies, and here being some Spanish letters taken in a Spanish vessell, I have sent such of them as were for the advantage of King Charles to the Spanish coast, as directed. Understanding the Attorney General is endeavouring to get leave to go home, I desire if it is so and that he has leave, I may have such a one in his stead that I can depend on. The Island is at present healthy, the fleet is in a fair way of recovery, but has lost betwixt 400 and 500 men. I enclose to your Lops. a clause the Assembly have made and inserted in the Bill for regulating ffees, with some remarks on it, by which your Lorps. will plainly see the barbarous designs of the people here to defraud every honest man who has any rent charge or other debt on any estate in the country. Signed, Tho. Handasyd. Endorsed, Recd. Jan. 6, Read Feb. 17, 1706/7. 3 pp. Enclosed,
616. i. Clause inserted by the Assembly of Jamaica in the Act for regulating fees. All bills of sale and conveyances, by any person who by law might sell or convey any lands or tenements (infants under age excepted) and the same duly acknowledged before any Court of Record and duly recorded in the Secretary's Office, shall be good and valid in the Law against every person that shall claim any manner of estate or interest of, in, or to the lands, tenements etc. conveyed as aforesaid, as fully as any lands in England might be passed by ffine and recovery duly levied in H.M. Courts of Westminster etc. Note by Governor Handasyd:—By this clause it will be in the power of the husband and wife, or of tenant in tayl, under pretence of cutting off the entayl, not only to defeat all persons that have any collaterall interest issuing out of the estate-tayl of their right, but also to cheat all minors of their portions etc., and it is plainly calculated for the case of a particular Gentleman in this Island etc. This clause must also endanger the interest of several mortgages of estates in this Island. No regard is had to the interests of infants by inserting a proviso for saving their interests in any estate to be conveyed by this Act, for such a proviso would have defeated the design of the Act, the clause being levelled against a particular infant etc. Endorsed, Recd. Jan. 6, 1706/7. 1½ pp. [C.O. 137, 7. Nos. 35, 35.i.; and (without enclosure) 138, 12. pp. 53–58.]
Nov. 19. 617. Account of the invasion of South Carolina, forwarded by Governor Handasyd. [See Oct. 3.] Endorsed, Recd. Jan. 6, Read Feb. 17, 1706/7. 5 pp. [C.O. 5, 1263. No. 135; and 5, 382. No. 10.]
Nov. 19.
618. W. Popple, jr., to Mr. Attorney General. The Council of Trade and Plantations desire your opinion, whether the Queen or any of her Judges have power to suspend a Barrister at Law from the practice of the Law. [C.O. 29, 10. p. 349; and 319, 1. p. 70.]
Nov. 20. 619. Attorney General to the Council of Trade and Plantations. Reply to preceding. I am of opinion that a Barrister at Law for a contempt committed in Court, and recorded by the Court, may for ye same be for some time suspended from practising in that Court, and being legally convicted of any enormous crime, which makes him unworthy to practise the Law, may be adjudg'd incapable to practice for ever after, but no Judge can without such reason, suspend any Barrister from practising the Law, and it hath not been usual for H.M. predecessors to intermeddle in matters of this nature, but the same have been left to their Judges and Courts of Justice. Signed, Edw. Northey. Endorsed, Recd. Read Nov. 21, 1706. 1 p. [C.O. 28, 9. No. 79; and 29, 10. pp. 350, 351; and 319, 1. pp. 70, 71.]
Nov. 21. 620. Board of Ordnance to Sir C. Hedges. Wee had, before the receipt of your letter of Nov. 18, put the 500 arms on board the two vessels, laden with Ordnance stores for Nevis and St. Kitts; and have since put the like number of swords and bayonets on board etc. Signed, C. Musgrave, Ja. Lowther, Ja. Craggs. 1 p. [C.O. 152, 39. No. 112.]
Nov. 22. 621. John Lyon to the Council of Trade and Plantations. Prays that Patrick Meine may not be continued a Member of Council of Barbados, for he has no estate and is indebted for the rents etc. of the estate of John Johnstone, which he unjustly detains etc. There is now a Bill in Chancery against him. Signed, John Lyon. Endorsed, Recd. Read Nov. 22, 1706. 1¼ pp. [C.O. 28, 9. No. 80; and 29, 10. pp. 356, 357.]
Nov. 22.
622. Mr. Ball to the Council of Trade and Plantations. My affidavit against Mr. Skeene is in every part true. The justice of his trial at Barbados may be inferred from their sending a false copy of my affidavit, etc. Signed, Guy Ball. Endorsed, Recd. Read Nov. 22, 1706. 1 large p. [C.O. 28, 9. No. 81; and 29, 10. pp. 358–361.]
Nov. 22.
623. Council of Trade and Plantations to the Queen. It not appearing to us that Thomas Hodges [see Nov. 14] did commit any contempt to your Majestie's Court in which he pleaded or that there is sufficient proof of the misbehaviour alledged against him, we humbly offer that his suspension be revoked. [C.O. 29, 10. pp. 352, 353.]
Nov. 22.
624. Council of Trade and Plantations to the Queen. We have considered the petitions [Nov. 14], against the Act of Barbados for continuing Assemblies etc. This Act having past Aug. 13 last, and we not having yet received a copy thereof in due form under the Seal of the Island, nor the Minutes of Councill and Journals of Assembly by which this and the Act for establishing a Paper credit were past, we are making the best enquiry to find out by what neglect this failure in your Majestie's service has been occasioned; But having received from the Petitioners, whom we find to be very considerable in number and estates, an authentick copy of the said Act attested by the Deputy Clerk of the Assembly, we humbly lay the same before your Majesty, with our opinion that the former Law of 1660, which is superceded by this Act, has been esteemed a good and usefull Law to the Island, and that the changing that Law as intended by the late Act at the time when it was past may be of ill consequence; it appearing to us that it was cheifly intended to support, for the term of 3 years in the Assembly, those persons who had most contributed to the passing the late Act for Paper money. Upon which we humbly offer that your Majesty be pleased to disallow and repeal the above-mentioned Act; Whereby the present Assembly will be dissolved and your Majesty's Governor will be at liberty to call a new one. [C.O. 29, 10. pp. 353–355.]
Nov. 22.
625. Mr. Secretary Hedges to the Council of Trade and Plantations. Encloses following. Signed, C. Hedges. Endorsed, Recd. Read Nov. 25, 1706. ½ p. Enclosed,
625. i. Lt. Governor Bennett to Sir C. Hedges, March 11 (q.v.). Copy. 3 pp. [C.O. 37, 7. Nos. 35, 35.i.; and 38, 6. p. 222.]
Nov. 25. 626. Account of Trade and Fishery of Newfoundland. Abstract of Nov. 11. [C.O. 195, 4. p. 329.]
Nov. 25.
627. Council of Trade and Plantations to Mr. Secretary Hedges. In reply to No. 625, refer to representation of July 4 and H.M. Order, July 15, "so that we do not find there is at present any want of Counsellors in" Bermuda. Autograph signatures. 1 p. [C.O. 37, 26. No. 17; and 38, 6. pp. 222, 223.]
Nov. 26. 628. G. Willcocks to the Council of Trade and Plantations. I have been appointed Agent for Merchants etc. in Pensylvania to oppose some Laws lately passed there. One reason is because they are not approved by a Governour lawfully authorized for that purpose. That Government is actually conveyed and not legally delegated by Mr. Penn to John Evans, who pretends to an authority to approve the Acts, directing the qualifications of officers, and laying a duty ofd. per lb. and 10s. per head, as also a duty of excise upon liquors etc. Signed, Geo. Willcocks. 1½ pp. Enclosed,
628. i. J. Moore to Mr. Willcocks. Philada., March 12, 1705/6. Some worthy and honest gentlemen (sons of the Church) put into your hands the sollicitation of above business, etc. Signed, J. Moore, Saml. Pinney, Willm. Trent, George Rock, Jos. Pidgeon. 1¾ pp.
628. ii. Same to Same. Philada., Aug. 18, 1706. Encloses preceding etc. Signed, J. Moore. Endorsed, Recd. Read Nov. 27, 1706. ¾ p. [C.O. 5, 1263. Nos. 126, 127, 127.i.; and (without enclosures) 5, 1291. pp. 426–428.]
Nov. 26.
629. Council of Trade and Plantations to Mr. Secretary Hedges. We think it requisite to inform you of the death of Col. Nott, Governor of Virginia, and desire you to lay the same before H.M., in order to the nomination and dispatch of another Governor for that Colony, which is of so great importance to H.M. Autograph signatures. 1 p. [C.O. 5, 1341. No. 3; and 5, 1362. p. 86.]
Nov. 27. 630. Governor, Council and Assembly of Maryland to the Queen. Whereas this your Majesty's Province is wholly destitute of any manner of coyne, for want of which we labour under the greatest difficultys and inconveniences imaginable, our Tradesmen for want of prompt payment deserting us, our Country exposed to every insult that may be made on us, and for many other weighty reasons too tedious here to be inserted, we do most humbly address your sacred Majesty, that you will be most graciously pleas'd to grant us a particular species of a small copper coyn in pence, threepences and sixpences, with your Majesty's Royall Portraiture on the one side and Maryland on the other, the intrinsick vallue thereof, and your Majesty's charge of coynage amounting to 700l. sterl., to be remitted by us your Loyal Subjects to your Treasury in England, and the said coyne to be made only currant in this your Majesty's Province by your Royal Proclamation, the Publick faith here standing engaged for the security of all such, who shall receive any of the said coyns. Which will be a most Royall Benificence to your Majesty's most loyal and dutiful subjects. Signed, J. Seymour, Tho. Tench, Robert Smith, John Hammond, Fra. Jenckins, Edwd. Lloyd, Wm. Holland, James Sanders, Kenelm Cheseldyn, Will. Coursey, Thomas Ennalls, Tho. Greenfield, R. Bradly, Robt. Tayler, Samuel Magruder, Tho. Smyth, Speaker, G. Muschamp, James Hay, R. Gouldesborough, James Smallwood, Jno. Contee, Ch. Greenberry, Nico. Lowe, Wm. Frisby, Elias King, Saml. Young, Tho. Frisby, Jno. Wells, Robt. Skinner, Will. Stone, Richd. Jones, jr., Joseph Hill, James Maxwell, Joseph Ennalls, James Phillips, John Jones, Fra. Dallahide, Henry Coursey, Jno. Machall, Hu. Eccleston, Gerard Fowke, Edward Blay, Jno. McClester, Wm. Watts, Tho. Howe, Wm. Aisquith, Jno. Leach, Thomas Beale, Jos. Gray, Wm. Dare. Subscribed,
630. i. H.M. having been moved on this Petition, refers the same to the Councill of Trade and Plantations, to consider thereof, and report what may be fit for H.M. to do therein, whereupon she will declare her further pleasure. Whitehall, Nov. 27, 1706. Countersigned, C. Hedges. Endorsed, Recd. Read Dec. 19, 1706. 1 large p. [C.O. 5, 716. Nos. 18, 18.i.; and 5, 726. pp. 395–398.]
Nov. 27.
631. Council of Trade and Plantations to the Lord High Treasurer. Enclose letters etc. from Mr. Bridger (Oct. 18 and 24). We humbly offer that it may be for H.M. service that this Trade (in Naval stores), which will every year be carried on to greater perfection may not in it's beginning meet with any exceptions and scruples as to the goodness of the commodity, so as to hinder the payment of the full premium directed by Act of Parliament, lest otherwise the people be deverted from the produce of these stores and turn their labour to the woollen manufacture, wherein they have already made too great a progress. [C.O. 5, 912. pp. 206, 207.]
Nov. 28.
632. Col. Sharpe, President of the Council of Barbados, to the Council of Trade and Plantations. I am honoured with your Lordships' letter of Sept. 26, directed to Sir B. Granville etc. I doubt not your Lordships have been thoroughly made sensible of ye generall dissatisfaction [the Act to supply the want of cash] has given. I have presumed to inclose ye Minute of ye General Assembly here at its passing, which shews it was then carryed but by one voice; as also my opinion of it in what I say'd to ye Members of H.M. Council and ye General Assembly, at their first meeting me in Council. Col. Merrick, one of ye Members of Council here, is lately dead, and there being now but 6 on this Island, I designed to sweare Raynes Bate, Esq., an honest worthy Gentleman, in his room, to make up ye number 7, according to H.M. direction; but not being able for several meetings to make a Council ye vacancy still remains. Col. John Wiltsheire, late Receiver of H.M. Casual Revenues here, being also dead, I have placed Thomas Affleck, Esq. in his stead, who I hope will meet your Lordships' approbation as a person duely qualifyed for that trust. I shall endeavour to improve ye good agreement Sir B. Granville began with ye inhabitants on H.M. Island St. Vincents, and take all ye care imaginable to engage them to throw off their dependence on ye French, as a matter of considerable advantage to this place. I now send your Lordships, under ye Seale of this Island, the following Acts:—(i.) For ye better regulation of ye Courts of Common Pleas etc.; (ii.) To repeal certain Clauses in an Act, to preserve ye ffreedom of Elections etc. (iii.) Concerning ye Agents for solicitation of ye publick affairs of this Island. And also ye Naval Officer's two quarterly lists of ships that have entred and cleared here, March 25 to June 24, and June 25 to Sept. 24, 1706. Signed, Wm. Sharpe. Endorsed, Recd. 8th, Read 17th Feb., 1706/7. 3 pp. Enclosed,
632. i. Minute of Assembly of Barbados, May 7, 1706, referred to in preceding. Endorsed, Recd. Feb. 8, 1706/7. 1 p.
632. ii. Part of Col. Sharpe's speech to the Council and Assembly of Barbados. (See Dec. 5.) "We now find that the Act designed for a paper creditt has been so far from answering the ends proposed by it, that I much fear it has given a dangerous blow to our reputation in all parts of our commerce, nor has it been less greivious to the poor Inhabitants, who in great measure are the sinews of our country, and deserve particular care and protection. It being from 40 to 50 p.c. in exchange worse than silver, as also in Barter for all comodities, tho' in all payments forc't upon the creditor at par, we have had a large creditt from home and we have discharged it with imaginary payments, so that the generous Adventurer scarce has return'd him half his own. What misfortunes this will bring upon us, is easier to conceive than avoid. The defects and errors in the most essential parts of that Act, I'm apprehensive are too many for a slight amendment or correction; yet some resolutions you must fall upon to preserve the poor remains of our creditt, lest we be represented under such characters as I'm asham'd to think of." Endorsed as preceding. 1 p. [C.O. 28, 9. Nos. 91, 91.i., ii.; and (without enclosures) 29, 10. pp. 393–398.]
Nov. 29.
633. Mr. Dummer to Mr. Popple. Encloses printed list of sailings of the West India packets. Signed, E. Dummer. Endorsed, Recd. Read Dec. 6, 1706. Addressed. 3 pp. [C.O. 323, 6. Nos. 22, 22.i.]
Nov. 30.
634. Mr. Secretary Hedges to the Council of Trade and Plantations. Encloses following. Signed, C. Hedges. Endorsed, Recd. Dec. 3, 1706, Read Jan. 20, 1706/7. ½ p. Enclosed,
634. i. Commodore Underdown to Mr. Secretary Hedges. Falkland in Plymouth Sound, Nov. 11, 1706. Upon my arrival in St. John's Harbour, I published H.M. Declaration for constituting a Militia to be published there and in other inhabited harbours, and appointed officers fittest for that purpose. Refers to enclosures. I cannot find that any of H.M. officers carry on any trade there. I endeavered to perswade the inhabitants to dwell as near the Fort as possible, where is a spott of ground addopted for that purpose, with good banks thrown up, and has had very good effect, for there was nere 100 houses and about 500 men, besides women and children, which men will be of great service to ye garrison, should it be attackt. I have on board as prisner, Thomas Larimore, a person suspected of very ill desighns and practices. Copy of his examination and the commission he so impudently personated of Capt. Larrimores inclosed. I have also on board one Willm. Goffe who had the misfortune at St. Johns accidentally to kill a man etc. Signed, Jno. Underdown. Endorsed, Recd. Dec. 3, 1706. Addressed. 2 pp.
634. ii. A survey of provisions at St. John's Fort, Sept. 20, 1706. Signed, Jno. White, Wm. Lee, Wm. Lloyd. Endorsed, Recd. Dec. 3, 1706, Read Jan. 20, 1706/7. 1½ pp.
634. iii. Capt. Lathum's report on the Fort at St. Johns, and proposal for securing the Boom. Signed, Robt. Lathum. 2 pp.
634. iv. List of the guns in Fort William, St. Johns. Signed, Robt. Lathum. Endorsed, Recd. Dec. 3, 1706. ¾ p.
634. v. Muster-Roll of the Garrison at St. Johns, Oct. 4, 1706. 77 men and 12 officers etc. Endorsed as preceding. 1 large p.
634. vi. Account of the inhabitants, fishing ships and fish caught in Newfoundland, 1706. [See Nov. 11.] Signed, Jon. Underdown. Same endorsement. 1 p.
634. vii. Officers of Militia appointed by Commodore Underdown, St. Johns, Sept., 1706. Captains:—Henry Studley, Rich. Colesworthy, John Collins, Jeffery Lang, Matthew Hudson, Xpher Archer, Elias Andrews, Walter Short, William Short. Lieuts.:—Thomas Minshaw, John Jenkins, Gilbert Jane, Wm. Roberts, Oliver Lang, Thomas Hawkins, Peter White, Thos. Codner, John Tucker. Ensigns:—Richd. Roberts, Wm. Squary, Edwd. Shepheard, John Collins, Azarias Condett, Wm. Topley, John Ellott, Richd. Clog. Signed and endorsed as preceding. 1 p.
634. viii. Stores of War in Newfoundland, Sept. 20, 1706. Signed, Jno. Huxford, Charles Turner, Nicholas Ardrin, Edward Elward. Endorsed as preceding. Lists partly printed. 3 large pp. [C.O. 194, 4. Nos. 11, 11. i.-viii.; and (without enclosures) 195, 4. p. 336.]
Nov. 30.
Treasury Chambers.
635. Mr. Lowndes to Mr. Popple. Encloses following. My Lord Treasurer desires the Lords Commissioners of Trade to send for some of the Commrs. of the Navy and consider with them of the severall proposalls, and report to his Lopp. what they thinke fit to be done. Signed, Wm. Lowndes. Endorsed, Recd. Read Dec. 6, 1706. 1 p. Enclosed,
635. i. J. Bridger to the Lord High Treasurer. Repeats proposals of Oct. 18, q.v. Signed, J. Bridger. 4 pp. [C.O. 5, 864. Nos. 77, 78; and (without enclosure) 5, 912. pp. 207, 208.]