|
March 17.
Whitehall. |
801. Council of Trade and Plantations to the Earl of
Sunderland. Enclose extracts from Gov. Dudley's letters,
Oct. 2 and 8, relating to Nova Scotia and driving the French
out of Canada, to be laid before H.M. [C.O. 5, 912.
p. 320.] |
March 18.
Whitehall. |
802. W. Popple to Sir H. Ashhurst. Encloses extract
of Governor Dudley's letter, Oct. 2, relating to the Mohegans.
[C.O. 5, 912. p. 321.] |
March 18.
Whitehall. |
803. Council of Trade and Plantations to the Lord Bishop
of London. Having received the inclosed deplorable letter
from Mr. Jackson, we have given him some immediate assistance,
and desire your Lordship's favourable consideration for some
small living, to preserve himself and family from starving. [C.O.
195, 4. p. 379.] |
| March 18 and 21. |
804. Address of the House of Commons to H.M. for a grant
in aid of Nevis and St. Kitts, and H.M. consent. See Journal
of H. of C. Endorsed, Read March 21, 1706/7. 1¼ pp. Enclosed, |
|
804. i. Proprietors and Merchants of Nevis and St. Kitts
to the House of Commons. Pray for relief of the
Islands damaged to the extent of at least 500,000l. sterl.
by the French raid, Feb. and March, 1706. Printed.
1p. [C.O. 152, 6. Nos. 78, 78.i.] |
| March 18. |
805. Proprietors of Plantations in Nevis and St. Christophers
to the Earl of Sunderland. Propose 29 persons to be of a
Commission to enquire into the losses there. Pray that, upon
a Treaty of Peace, H.M. will insist upon retaining the French part
of St. Kitts. Signed, Jos. Jory. Endorsed, Answd. March 21,
1706 (7). 1 p. [C.O. 152, 39. No. 113.] |
March 18.
Treasury Chambers. |
806. Mr. Lowndes to Mr. Popple. The Earl of Sunderland
having transmitted to my Lord Treasurer the Report concerning
Mr. Penn (Feb. 5), my Lord Treasurer conceives that the Council
of Trade and Plantations are the most competent Judges of
what may be a reasonable compensation. He prays them to
reconsider their said report, and let him have a state of the
advantage the Crown will receive, and what may be a fitting
recompence to Mr. Penn. Signed, Wm. Lowndes. Endorsed,
Recd. Read March 18, 1706/7. Addressed. 1½ pp. [C.O. 5,
1263. No. 143; and 5, 1291. pp. 459, 460.] |
March 18.
Whitehall. |
807. W. Popple, jr., to George Granville. Encloses extract
of letter from Capt. Lilly (Jan. 1st), and asks for the papers
therein referred to. [C.O. 29, 10. p. 419.] |
| March 18. |
808. G. Granville to W. Popple. Reply to preceding. I
sent all my brother's papers, of the kind referred to, to the Board
of Ordnance. Signed, G. Granville. Endorsed, Recd. Read
March 19, 1706/7. Holograph. 2 pp. [C.O. 28, 9. No. 96;
and 29, 10. p. 420.] |
March 18.
Whitehall. |
809. Council of Trade and Plantations to the Earl of
Sunderland. Enclose copies of Col. Sharpe's letters (Jan. 2 etc.),
whereby it will appear to H.M. the great necessity there is of a
speedy redress in those affairs, which may very much endanger
Barbados. Enclose copy of letter from Governor Park. One
of the store-ships intended for Nevis and St. Kitts is taken by
the French, which will require to be replaced. [C.O. 29, 10.
p. 418.] |
March 19.
Whitehall. |
810. W. Popple, jr., to Capt. Moody. Encloses copy of
Major Lloyd's charge, March 15, for answer in writing. [C.O.
195, 4. p. 380.] |
March 20.
Kensington. |
811. Order of Queen in Council. The Earl of Sunderland
is to receive H.M. directions concerning recruits for Jamaica.
[Feb. 19.] Signed, John Povey. Endorsed, Recd. Read April 18,
1707. 1 p. [C.O. 137, 7. No. 38; and 138, 12. pp. 74, 75.] |
March 20.
Kensington. |
812. Two orders of Queen in Council. John Ayscough
and John Stewart to be admitted to the Council of Jamaica.
Signed and endorsed as preceding. 3 pp. [C.O. 137, 7. Nos. 39,
40; and 138, 12. pp. 75–77.] |
March 20.
Kensington. |
813. Two orders of Queen in Council. Appointing (1)
Joseph Smith,(2) Winthrop Hilton to the Council of New Hampshire. Signed, John Povey. Endorsed, Recd. Read July 9,
1707. 3 pp. [C.O. 5, 864. Nos. 185, 186; and 5, 912. pp. 373,
374.] |
March 20.
Kensington. |
814. Order of Queen in Council. Wm. Lawrence is removed from the Council of New York and Col. Wm. Peartree
is to be admitted in his room. Signed, John Povey. Endorsed,
Recd. Read July 9, 1707. 1½ pp. [C.O. 5, 1049. No. 39;
and 5, 1121. pp. 77, 78.] |
March 21.
Doctors' Commons. |
815. Sir John Cooke to the Council of Trade and Plantations.
I concieve that the Proceedings of ye Justices in New England,
as represented in Coll. Dudley's letter (Feb. 1, 1705/6) are very
irregular; and not only invasive of the Admiralty Rights and
Jurisdictions but contrary to the duty of their offices, considering
that in the most of the Admiralty Commissions the Civil
Magistrates are required to be assisting to the Admiralty
Jurisdiction. If the Governor is not by his Patent sufficiently
authorized to restrain each Judicature within its proper bounds,
I am of opinion, that by Appeals, wch. will receive their final
determinations here, the same may be fixed: unless a representation from the Governor to H.M., and H.M. Letters thereupon, may be thought a more effectual and compendious method.
Signed, J. Cooke. Endorsed, Recd. Read March 23, 1707.
Addressed. Sealed. 1 p. [C.O. 5, 864. No. 164; and 5, 912.
p. 321.] |
March 22.
Kensington. |
816. The Queen to Governor Handasyd. Whereas complaint
has been made of great irregularitys and disorders in relation
to the delivery of letters sent to Barbados by the pacquet-boats
set up for that purpose, whereby our subjects are not onely
deprived of the benefit we were graciously pleased to intend
them, but do also suffer great prejudice in their trade and estates;
And our Postmaster[s] General, for the better preventing
these inconveniencys for the future, having appointed William
Bignall to be their Deputy there, to receive all such letters and
take care of the delivery thereof, wee command you that he be
not molested but have all fitting assistance and that no other
person intermeddle with the receipt and delivery of letters, etc.
Countersigned, Sunderland. [C.O. 5, 210. pp. 24, 25.] |
March 24.
Barbados. |
817. Col. Sharpe to the Council of Trade and Plantations.
According to what I had ye honor to write, Feb. 9, ye Councill
proceeded to take into their consideration the behaviour of
Col. Wm. Cleland, in petitioning and endeavouring to terrify
ye Assembly from acting as such, altho' ye Council had before
upon a Petition, preferred to them by him, dismist ye same,
and declared ye Assembly legal, and even himself consented
to their being sworne. And that House giving the Council
several reasons for their resolves against him, I was of opinion
that H.M. service did require Coll. Cleland should be immediately
suspended from the Council, and so were two others, and all the
Members (but one, who voted him deserving a high censure,
but not suspension) voted that he deserved suspension. But
there being an equality of voices between suspending him immediately and waiting for H.M. previous pleasure upon a just
representation (he being a Member of the Government), he still
continued to sitt. But this lenity and moderation was so farr
from influenceing him to desist from his violent courses, in
disturbance of the publick affairs, that he continued to take
most unwarrantable ffreedoms to abuse and vilifye ye Government here in ye most notorious manner, not omitting menaces
and subtle insinuations of his pretended great ffavour with the
expected Governour. These outrages have obliged the Council
to suspend him from their Board, which with the reasons your
Lordships will find in the Minutes of Council, I now transmitt.
The Council were also of opinion that Coll. John Holder for his
behaviour at ye late Court of Oyer and Terminer, an account
of wch. I did myself ye honor of sending to your Lordships, should
be removed from all military posts. The command of a Regiment
of Horse being vacant by the death of James Colleton Esq.,
the Council have conferred it upon John Frere, Esq., a Gentleman
of a very good estate, sense and courage, the former Lieut. Coll.
Prideaux and Major Robert Vaughan of ye said Regiment having
been concerned in ye same ffactious application with Coll. Cleland
to ye Assembly, to deterr them from acting, and the said Lieut.
Coll. neglecting also, tho' in very good health and at leisure to
visit that day, to appeare at ye general review I lately made of
all the fforces. The Council have also desired me to give the
command of the Regiment of which Mr. Holder was lately Coll.,
to Robert Yeamans, and that of the Regiment lately commanded
by Coll. John Wiltsheire decd. to Henry Peers, both Gentlemen
of good estates and other qualityes; ye former Lieut. Collonels
and Majors of ye said Regiments having been concerned in the
same ffactious protesting against the Assembly etc. Your
Lordshipps will find by ye Minutes of Council now transmitted,
that this Government hath settled a Cartel with that of Martinique.
The reasons wch. chiefly moved us to it were not only in
compassion to our poor inhabitants who had been so many yeares
prisoners there, but also that few sailors in the Northern Colonyes
could be prevailed with to venture hither, well knowing that we
had no Cartel, and that in such case, if taken, they must be sent
away to Europe, to the utter ruine of their ffamilyes in America.
These ffears, not in themselves groundless, has so general an
influence that very few vessells came hither from thence, and
such as did had been obliged to enter for another port, which
layd us lyable to many inconveniencyes. The method of guarding
ye coasts by ye Militia of this place having been found a heavy
burthen upon the poorer sort of our inhabitants, and ye occasion
of driveing severall of them off the Island, I have lately passed
an Act for taking off that grievance, provision being made in
the same for effectual guarding ye coasts dureing ye warr, in a
manner the least burthensome to the people, and at the same
time secure against any surprize from an enemy, as by ye Act
sent your Lordships will appeare. The Assembly having been
above two months convened, I did hope ere this to have prevailed
so farr, as to have obtained a Bill for the satisfaction of those
persons who had been sufferers by ye late paper credit, according
to H.M. most gratious Order; but after several recommendations
from myself and ye Council, and a Petition to me from the
Merchants to press the consideration thereof to them (copy
enclosed) they sent ye Council up a Bill, in effect re-enacting
for 15 months longer the very Act H.M. was pleased to disallow
as pernicious. The Council for that reason rejected the same,
and sending for ye Assembly, gave them some resolves upon
which to frame a Bill pursuant to H.M. Order. Upon this they
desired and had a conference, wherein they insisted upon having
the Bank Bills issued by virtue of ye repealed Law, enacted
to be as currant money in all payments till May, 1708, and
that all persons who had been bound to ye late Bank should
have till that time to discharge their obligations. Hereupon
the Council sent them several Heads, upon wch. to ground a
Bill; they desired and had a second conference, wherein they
still insisted upon what they had insisted in the first conference.
Their perseverance (to say no more) in points directly contrary
to H.M. sacred commands has given great uneasiness to myself
and ye Council, and general dissatisfaction to all persons concerned
in trade, who have neare 55,000l. of ye 60,000l. odd issued by virtue
of the late Act. The Council have sate de die in diem, and
resolved to continue so to doe, to bring this affaire to some happy
conclusion; but the arrival of the pacquet obliged them to
adjourn for a week, when they will send down to ye Assembly
a Bill founded upon H.M. Order, and press them to agree to ye
same, tho' with what success I don't promise; ffor of late some
hot spirits in that House (who had, in expectation, ingrossed
to themselvs the disposal of all posts in the Government, and
wch. ye publick peace required they should be disapointed in)
industriously oppose all harmony with ye Council. I have,
my Lords, in concert with ye Council, laboured to promote Peace
and Union, and in order to obtain that happiness, have carefully
avoided advanceing any person who had been principally
concerned in either of the ffactions that have so lately torn this
place, allwayes preferring such persons to trust and power as
have not been signally involved in our unhappy divisions; for
such is our misfortune, that so general has been the contagion,
that a very few indeed have escaped the infection. And as we
have been obliged to remove Coll. Cleland and Coll. Holder,
who have been hot and violent men of one side, so we have not
preferred Coll. Richard Downes or Capt. Wm. Cole, who were
much more ye constant inflamers of the people on ye other; and
the first of ye two last under H.M. censure for notorious adultery.
These measures, my Lords, I flattered myself would in a little
time have procured tranquillity, and indeed for some time I
found the good effects of them, and have yet no reason to repent
me of such honest counsells. But these resolutions have
occasioned a more than ordinary ffamiliarity between those four
Gentlemen, Coll. Cleland and Coll. Holder being by ye interest
of the other two encouraged to apply to ye Assembly for redress
of pretended grievances against some of ye Council, and by false
glosses to asperse ye Government; ye other two at ye same
time discontented with myself and ye Council for refuseing to
advance them to some posts they were no wayes deserveing;
provoking some unexperienced persons of their House to spend
their time in scandalous and unjust retrospections, wch. can
have no other consequence than to add fresh ffewell to our scarce
extinguished flames, as if these Gentlemen were resolved, jointly
or severally, for ever to embroil their Countrey. I shall, my
Lords, with the Council continue to pursue the measures we have
fallen upon, as those wch. can alone restore that serenity so
necessary to the publick good; and harsh methods shall be ye
last I will have recourse to. And if I am so happy as to be
honoured with your Lordships' approbation, I shall esteeme
it the greatest honor can be conferr'd on, Signed, Wm. Sharpe.
P.S.— Enclosess Act For examining the late paper bills, and the
list of ships that have entred and cleared here, from Sept. 25
to Dec. 24, 1706. Endorsed, Recd. 2nd, Read June 6, 1707.
3 large pp. Enclosed, |
|
817. i. Merchants of Barbados to the President and Council.
Petition, referred to in preceding, for an Act to make
provision for the satisfaction of the Bills issued under
the late Act for Paper Credit March 22, 1706 (7). Signed,
Geo. Mackenzie, Samuel Durousseaue, Edwd. Kemp,
John Warter, John Legay, John Clark, John Watts,
Jasper Bullard, John Gough, Jos. Mason, Jno. Lane,
Willm. Chearnly, Wm. Rosell, Jno. Arrowsmith, H. Hall,
Patrick Thomson, James Miln, John Smith, Saml.
Jacklen, Zachy. Shute; Jos. Swane, Ed. Niccolls, Benja.
Bissell, Robt. Moore, Ja. Aynsworth, Willm. Moore,
Geo. Newport, Paul Carrington, Caleb Lindall, Eneas
Driscoll, Sam. Hasell, Tho. Shawe, Edwd. Crofts, Arth.
Upton, Wm. Crofts, Wm. Godman, John Townsend,
Benja. Curtis, Antho. Lane, Christo. Fowler, Wm. Read,
Edwd. Cordwent, Jos. Salmon, John Merring, Benja.
Bullard, Tho. Beckles, Tho. Stewart, Wm. Cogan,
Benja. Matson, Jos. Harbin, Jos. Salmon, jr., John
Harbin, Wm. Mackclew, Domk. Arthur, Wm. Kirkham.
Endorsed, Recd. June 2, 1707. Copy. 1 large p. |
|
817. ii. President and Council of Barbados to the Queen.
Petition for the confirmation of the suspension of Wm.
Cleland from the Council, on the grounds specified in
preceding letter. Signed, Wm. Sharpe, Samll. Cox,
John Milles, Alexr. Walker, Raynes Bate, Samuel
Berresford. Endorsed as letter. Copy. 3 pp. [C.O.
28, 10. Nos. 24, 24.i.-iii.; and (without enclosures)
29, 11. pp. 25–35; and (duplicate of No. ii.), 28, 43.
No. 28.] |
March 24.
Barbados. |
818. Col. Sharpe to the Earl of Sunderland. Duplicate of
preceding. 4 pp. Enclosed, |
|
818. i. Journal of Assembly of Barbados, Feb. 11, 1706 (7).
Their reasons for their vote of Jan. 29 concerning Col.
Cleland. 1½ pp. Copy. [C.O. 28, 43. Nos. 18,
18.i.] |
| March 25. |
819. Mr. Jones' reply to the complaints against him. Signed,
Ed. Jones. Endorsed, Recd. 25th, Read March 28th, 1707.
4 large pp. [C.O. 37, 7. No. 45.] |
| March 25. |
820. Petty Expenses of the Board of Trade, Xmas, 1706—Lady Day, 1707; 10l. 16s. 5d. Stationer's Account, 22l. 12s. 6d.
Postage, 34l. 11s. 4d. 3½ pp. [C.O. 388, 76. Nos. 17–19.] |
| March 26. |
821. Copy of Journal of the House of Delegates of Maryland,
March 26—April 15, 1707. 66 pp. [C.O. 5, 721. No. 8.] |
March 26.
Whitehall. |
822. Council of Trade and Plantations to Governor Dudley.
Acknowledge letters of Feb. 1, April 23, July 22, October 2 and 8,
May 2, Oct. 10 and 21, 1706, with enclosed plans etc. As to
the affair of Owaneco and the Mohegan Indians, H.M. has been
pleased to order a Commission of Review, etc. We doubt not
but your proceedings will be strengthned and confirmed by
their report, when they have examined the whole matter. We
have laid before H.M. your proposal for attacking the French
in Canada, and for settling a Colony of Scots in Nova Scotia.
We have also laid before H.M. the account you give us of your
successes against the French Indians, and we doubt not but
your conduct therein will be approved. We do not blame your
pressing the Governments of Connecticut and Rhode Island
for assistance in carrying on the war against the French and
Indians. On the contrary we think them very remiss in not
complying with what H.M. has required, according to the quota
settled in that behalf. We are surprized that the Council and
Assembly are so little sensible of H.M. favour in giving them
her picture as not to have returned H.M. their humble acknowledgments of the same. We approve your inlisting the Mohegan
Indians in the service against the French and their Indians,
and you will do well to encourage the said Indians, by inlisting
them upon occasion. We take notice that you have transmitted
to the Duke of Marlborough an account of the expences at the
several Forts, wherein you have don well, but you ought at the
same time to have transmitted the like account unto us, and
therefore we desire you to do it by your next. As to the affair
of Vetch, Rouse and the others who were prosecuted by the
Assembly for trading with the French at Canada, we are expecting
the Attorney General's report, in order to lay the same before
H.M. You are very much to be commended for raising 700l.
by a brief for the distressed inhabitants of St. Christophers after
the ravage made there by the French, which undoubtedly was
a very considerable and seasonable relief to them. The pitch
and tar which arrived by the last Fleet has for the most part
been approved at the Custom House, and we hope that by
Mr. Bridger's instructions and the care of the inhabitants in
the manufacturing of those commodities, they will be made as
good as what is received from the Swedish Dominions, and we
do not doubt of a very good market here, the Muscovites having
distroy'd a great part of those countries where pitch and tar is
usually made. We desire you to send us as often as you can
an account of the fishery upon your coast, particularizing the
number of quintals of fish taken, the number of whales, the
quantity of train oil made, as also where and how the same is
disposed of. We have laid before H.M. the collection of the
Laws of New Hampshire. Enclose Orders in Council, Nov. 19,
1706, thereupon. And that the Assembly may not for the future
commit the like errors in the passing of Laws, we think fit to
give you the reasons for the repealing of the 13. Repeat reasons
given 1706. Amongst the Laws past in the Massachusets Bay
in May, 1701, there is an Act to prevent and make void clandestin
and illegal purchases of land from the Indians, whereupon we desire
to know the reason of the Assembly's passing this Act, and that
you wou'd explain the clause relating to Martha's vineyard.
We have laid before H.M. your desire that Col. Hilton and Major
Smith be of the Council of New Hampshire. Enclose H.M. letter
relating to the passing of Laws of an extraordinary nature, as
Nov. 8; and directions for correspondence as Dec. 13, 1706.
[C.O. 5, 912. pp. 322–329.] |
March 26.
Whitehall. |
823. Council of Trade and Plantations to Governor Lord
Cornbury. Since our letters of July 8 and 17, duplicates whereof
are here inclosed, we have received your Lordship's of Aug. 10,
Sept. 10 and Oct. 3. The account of stores of war remaining
at New York, which is said to be inclosed (Aug. 10), is not come to
our hands, and therefore we desire that your Lordship wou'd send
it by the next opportunity. Refer to their representation of
March 13. We have not received the catalogue of Mr. Mott's
books, which your Lordship writes you have sent us, and shal
therefore expect the same, as also an inventory of what he has
left, together with an acct. of the salary due to him at his death.
We have sent to Mr. Attorney General what you writ in relation
to the granting of letters of administration etc. We desire your
Lordship to be mindful of sending us all the Minutes of Council
and Journals of the Assembly, both for the Province of New
York and New Jersey since your Lordp.'s Government, as also
accounts of the Revenue of both Provinces for the same time.
We have laid before the Lord High Admiral what you writ us
in relation to Capt. Fane and Capt. Miles, and enclose copy of
Mr. Burchet's letter to Capt. Miles. We commend your Lordship's
care and diligence in providing for the security of New York,
upon the alarm of the French. And Coll. Dudley having writ
us some while ago that Capt. Rednap the Engineer was gone
to New York, we hope that by his assistance your Lordship will
have put that Province in a good posture of defence. We have
not received the old Seal of New York which your Lordship mentions
to be sent Oct. 3, 1706, and having enquired of Mr. Sloper for it,
he has acquainted us that it did not come to his hands; so that
we desire it may be sent by the next conveyance. Your Lordp.
may have opportunities of writing frequently to us by the way
of Virginia, Barbadoes or the Leeward Islands; by which
conveyances we shal be glad to hear from your Lordp. as often
as may be of the state of the Provinces under your Government.
Enclose H.M. letter relating to the passing of laws of an extraordinary nature as Nov. 8, and directions for correspondence
as Dec. 13, 1706. [C.O. 5, 1121. pp. 18–21.] |
March 26.
Whitehall. |
824. Council of Trade and Plantations to the President
and Council of Virginia. Acknowledge letters of Aug. 29
and 30, Sept. 2, Oct. 14 and 26, and Nov. 8 last. We are sensible of what you write of the low price of tobacco, and
the bad returns from England, and H.M. has been pleased upon
our representation to order convoys as Dec. 20 and Feb. 24;
which method we hope (tho the merchants here cannot agree)
will prove to the advantage of the Planters and of the tobacco
trade. We have under consideration the collection of laws you
have transmitted to us, and your remarks thereupon, and we
hope to be able in our next to give you an account of what is to
be done therein. As to what you write concerning forts, that will
depend upon the building of towns; and the Act for erecting
of ports and towns being before the Commissioners of the Customs,
we expect the same will be referred to us, which we shall thereupon take care to dispatch. In the meantime having look'd
over some of the said laws we shal give you our opinion thereupon
as follows, vizt. As to the Act for establishing the General Court etc.,
we cannot, as it is penn'd, present it to H.M. for her royal confirmation, for that in the last clause but one it enacts that there shal
be no Court of Record in Virginia but the General Court and the
County Courts, which derogates from H.M. royal prerogative,
by restraining her power of constituting other Courts of Record
as may hereafter upon emergent occasions be found convenient,
besides that the said Act ought to have mentioned H.M.
undoubted right of receiving Appeals in such manner as is
directed by H.M. Instructions in that behalf, and therefore
we think it requisit that the Act may be amended and passed
with a proviso to the effect following, vizt. "Provided always
that nothing contained in this Act shal be construed or deemed
to derogate from the royal power or prerogative of H.M., her
heirs and successors, of receiving Appeals, and of granting
Commissions of Oyer and Terminer, or of constituting and
erecting such other Courts of Record as H.M., her heirs and
successors, by her or their Commissions or Instructions to her
or their Governor or Commander in Chief of this Colony and
Dominion for the time being shal direct." As to the Act concerning the granting, seating and planting, and for settling the title
and bounds of lands, and for preventing unlawful shooting
and ranging thereupon, H.M. has thought fit to repeale the
same; so that you are to have recourse to H.M. Instructions
and former Laws until another Act be passed, according to the
Bill amended by us, and transmitted with other Bills by Coll.
Nott. As for the Bill you mentioned for establishing the County
Courts, Coll. Nott was much in the right not to pass it as the
Assembly had amended it, and we insist upon it that the words
vizt. the advice of the Council or 5 of them at the least, be left out,
for the restraining the Governors from making Justices of the
Peace without the advice of 5 of the Council is intrenching upon
H.M. Royal Prerogative, and therefore you may be assured it
will not be approved here; for that in all the other Plantations
the power of appointing and displacing Justices of Peace is solely
in the Governor without the necessity of the advice and consent
of the Council, with whom it wou'd nevertheless be prudence
in the Governor to advise for his better information as he shal
find convenient. As to your doubt about the style of Proclamations, it ought to be by the President and Council of H.M. Colony
of Virginia. We are glad the Assembly have appropriated a
fund for the building of a house for a Governor. As to the
patenting of lands on the South side of Blackwater Swamp and
elsewhere, we are of opinion that the grants ought not to be
made upon natural surveys, but that officers be appointed to
take exact surveys of the number of acres, and that the grants be
then made according to the proposal in Coll. Nott's Instructions,
which will be most conducive to H.M. service. However, the
grants that have been already passed and signed, or were prepared
for signing may stand good when signed by you, provided
sufficient care be taken that the persons to whom the grants
are made do seat the said lands as directed by the foresaid
Instructions and duely naving their quit-rents. We think it
absolutely necessary for H.M. service that the bounds be run
and ascertained between North Carolina and Virginia, and
therefore we wou'd have you see it perfected as soon as may
be. We think it further necessary that the dispute about the
lands in the Fork of Rappahannock River be determined; we
have seen the report relating thereunto which you have sent
us, but as that gives us no satisfaction, we desire you to cause
that matter to be thoroughly examined and then to transmit
to us your opinion upon the whole. In the meanwhile we must
advise you to be watchfull that H.M. lands be not invaded under
pretence of a grant to any Proprietors. We hope that the
differences which you say Coll. Nott had in a great measure
composed, will by your prudent management be brought to
an amicable determination. As to what you suppose, that the
Assembly is dissolved upon the death of a Governor, we are
of opinion that the Assembly is not dissolved thereby; for
the same royal power from which the Assembly had it's first
being does subsist notwithstanding the death of the Commanderin-Chief, and therefore the person succeeding the Governor in the
chief administration (who with the advise of the Council is the
proper judge whether it be for H.M. service that such Assembly be
dissolved or not) may dissolve the same if he finds cause. We have
laid before H.M. what you write concerning the French prisoners
sent to Virginia from the Government of Carolina, and are expecting
H.M. pleasure thereupon. As for your sallary as President of
the Council, that matter will be determined by my Lord High
Treasurer to whom it belongs. Enclose H.M. letter relating to
the passing of laws of an extraordinary nature, as Nov. 8, and
directions for correspondence, as Dec. 13, 1706. [C.O. 5, 1362.
pp. 111–116.] |
March 26.
Whitehall. |
825.Council of Trade and Plantations to Governor Seymour.
Acknowledge letters of Aug. 21, and another without date, as
also one to our Secretary of Aug. 15, wherein you say that you
had transmitted the old Seal by Mr. Evans; we have not yet
received the same. We have under consideration the Laws
you have sent us, and we hope in our next to be able to give you
an account of what will be done therein, in the mean time we
think fit to acquaint you that the Act for Ports being referr'd
to the Commissioners of the Customs, we expect their Report
thereupon, which so soon as we receive, we shall take care to
dispatch. We have represented to H.M. what you write about
the consequence of the uncertainty of convoys, whereupon H.M.
has been pleas'd to order that for this season a convoy do immediately proceed with such ships as shall be ready to sail for your
Parts; and that another convoy do sail from hence the latter
end of Aug., or beginning of Sept. next, but that for the future
there be but one convoy every year, during the war, to sail in
Aug. or Sept., which method we doubt not will prove to the
advantage of the Planters and of the tobacco trade. As to what
you write concerning the Jesuits, who are so troublesome under
your Government, we have it under consideration, and shall
not fail to acquaint you with H.M. pleasure thereupon. As to
what you write in reference to the Provisional Court's opinion
about the Statutes of England being in force in Maryland, we
are consulting H.M. Council learned in the Law, and shall let you
know their opinion therein as soon as may be, and for greater
certainty you may continue to pass any Laws for the good of
the Colony, which ought to be made in separate Bills by themselves. Tho' the encouragement of the production of naval
stores in the Plantations be[ing] of the highest importance to
England, yet it is not fitting to be encouraged in those places
which are proper for the production of tobacco, and therefore
you will take care therein; but that the production of naval
stores may be in such parts of your Government as are only
proper for them. As to the want of skill in your people to
manufacture pitch and tar, you may take notice that H.M. has
been pleased to send a person on purpose into America, to instruct
the people in the best method of making those commodities;
who is Mr. John Bridger, now in New England, from whence
he will write such directions in that matter as he is able to give,
if you require the same from him. As to the 260l. of the 3d. per
hogshead, which the Assembly find to have been misapply'd
in Col. Blakiston's time, that matter is now before my Lord
Treasurer, who will give the necessary directions therein. And
as to the Assembly's desire of a small species of copper coin, if
they send over the value hither, we shall move H.M. that such
a quantity of copper coin be sent in lieu thereof; upon condition
that no persons be forced to take the same in payments, wch.
ought to be voluntary. We send you here inclosed a letter from
H.M., in the same terms as to the Governors of H.M. other
Plantations, relating to the future passing of Laws of an extraordinary nature, by which you are to be guided and directed
upon such occasions. Add Instructions as to Correspondence
as Dec. 13, 1706. Enclose copy of Sir T. Laurence's reply to
the reasons given by the Assembly for taking the benefit of the
wine-licences from the Secretary's Office. [C.O. 5, 726. pp. 427–431.] |
March 26.
Whitehall. |
826. W. Popple, jr., to Isaac Addington. Acknowledges
letters of Oct. 8 and 10 etc. [C.O. 5, 912. pp. 329, 330.] |
March 27.
Whitehall. |
827. Council of Trade and Plantations to the Earl of
Sunderland. Enclose following to be laid before H.M. |
|
827. i. Council of Trade and Plantations to the Queen. Having
considered an Act of Virginia, passed by the late Governor
Nott, concerning the granting, seating, and planting
lands, etc., we find therein several clauses which render
the said Act unfit for your Majesty's royal confirmation,
for that amongst other things it enacts, that all persons
may take up 200 acres of land for each taxable servant
they have above the number of five, besides 50 acres
allowed the importer for each servant brought into
that Colony, and tho they are restrained not to have
above 4,000 acres in one patent, they are not prohibited
from having several patents, so that by this clause
any person having 100 negroes may take up 19,000 acres
of land, which is more than can be cultivated by one
owner, and so in proportion for any greater or lesser number. By which means all the lands remaining ungranted
in that Colony may fall into a few rich men's hands,
which will be a discouragement to such persons as
might go to settle there. The said Act declares that
the building of one house of wood, of 12 ft. square,
and the clearing, planting and tending at least one
acre shall be deemed a good and sufficient seating and
planting of land, but does not specify for what number
of acres; whereas it ought to have been for each 50 acres,
pursuant to your Majesty's Instructions in that behalf.
And, as the Act is now penn'd, if such a house be built
and one acre of land cleared and planted, it will be
judged sufficient for a grant of 4,000 acres, which we
are humbly of opinion will further hinder the settlement
of that Colony. For which reasons and several other
imperfections in the Act, we humbly offer that your
Majesty be pleased to signify your disallowance of the
same. [C.O. 5, 1362. pp. 117–119.] |
March 27.
Kensington. |
828. The Queen to Governor Handasyd. Warrant for
the admission of John Stewart to the Council of Jamaica, in
the room of Col. Charles Knight decd. Countersigned, Sunderland.
[C.O. 5, 210. p. 26.] |
March 27.
Kensington. |
829. Order of Queen in Council. Referring following to
the Council of Trade and Plantations for their report. Signed,
John Povey. Endorsed, Recd. Read April 2, 1707. 1 p.
Enclosed, |
|
829. i. Petition of Charles Squire to the Queen. Governor
Sir B. Granville and the present Council of Barbados
refuse, without reason, to allow petitioner to practise
at the Bar. Prays relief. Copy. 1 p. [C.O. 28, 9.
Nos. 99, 99.i.; and 29, 10. pp. 430–432.] |
March 27.
Kensington. |
830. Order of Queen in Council. Referring following to
the Council of Trade and Plantations for their report. Signed,
John Povey. Endorsed, Recd. 3rd, Read April 17, 1707.
1 p. Enclosed, |
|
830. i. Petition of John Sandford and John Dorn to the Queen.
Petitioners were members of a Court of Oyer and
Terminer, Barbados, Dec. 10 last, when Samuel Cox,
Chief Judge, took upon himself to nominate and impanel
the Juries, and for that purpose brought into Court a
paper containing the names of the Juries he had chosen
out of 66 returned by the parishes. Sandford and
other Justices upon the Bench told him there were
several other fit persons to be impanelled, and averred
they had a right to be consulted in the impannelling, both
by law and practise. The Chief Judge affirmed that he
had the sole right of empannelling the Jurys, and ordered
the Grand Jury to be sworn. On the second day of
the sitting, and before the Petty Jury was sworn,
petitioners and other Justices drew up a paper requesting
the Chief Justice to put the matter to the vote of the
whole body of Justices then assembled. He refused,
but replied next day in a paper threatening such
Members as should interrupt his proceedings. Upwards
of 20 Members then signed a protest and a bill of
exceptions, which the Chief Judge refused to accept.
When these exceptions were offered in the Court,
William Walker, then at the Barr, said that none were
entitled to a Bill of Exceptions but the parties concerned.
Sandford did without hesitation say "We are a Party,"
at which the Chief Judge and two or three Members
of the Court raised a tumult, as if Petitioner had been
declaring himself of a party, and he was hurried off
the Bench by constables and armed men, whom the
Chief Judge etc. called into Court. Without any order
of the Court, he was carried to prison, even tho' he
desired to explain himself, which liberty the Chief
Judge refused, which occasioned him to call out if
there were no Members of the Court to do justice, and
Dorn affirming the right of the Court and arguing with
one of the Members about the word "party," all the
Justices being then in disorder, some declaring they
would stand by the Chief Judge, but the major part
ascertaining the right of the whole Court, was pickt
out from the rest and by the said Cheif Judge ordered
to prison, without any vote of the Court, neither did
any Member who disliked such arbitrary proceedings,
dare offer any motion in behalf of Petitioners, the Cheif
Judge calling out aloud, Are there any more of you
have anything to say ? Petitioners were detained in
the common goal many days, and were refused and
delayed the benefit of their Habeas Corpus by
contrivances uncommon and unwarrantable, some
lawyers having given it under their hand they were
not bailable. During their imprisonment, several
depositions were obtained to be transmitted for England,
the Justices interrogating and swearing the persons
only to a part of what happened, neither were Petitioners
summoned or suffered to be present. Pray for relief
and that the Chief Judge be dealt with accordingly.
Copy. 6 pp. [C.O. 29, 8. Nos. 100, 100.i.; and
29,10. pp. 435–445.] |
March 27.
Kensington. |
831. Order of Queen in Council. Referring following to
the Council of Trade and Plantations for their report. Signed
and endorsed as preceding. ¾ p. Enclosed, |
|
831. i. Petition of Wm. Cleland, James Colleton and John
Holder to the Queen. When Col. Sharpe took upon
him the title of Commander in Chief of this and other
of your Majesty's Charibbee Islands, and did exercise
an authority contrary to your Majesty's Commission,
and even contrary to the Articles laid down by Sir B.
Granville and signed by the Council, petitioners made a
Representation to him. He has exceeded his powers
(1) in issuing commissions as Commander in Chief
without the advice and consent of the Council, whereas
petitioners think that by H.M. Commission all such
commissions ought to be issued by your Majesty's
Council, and that he as President ought to sign them,
as hitherto has been practised. (2) The President has
made publication in the Churches to the great amusement of your Majesty's subjects without the privity
of the Council. (3) He has never consulted the Council
in giving orders to your Majesty's ships for cruizing,
but has all along done the same by his own authority.
(4) He has received addresses from many inhabitants
directed to him as Commander in Chief in a tumultuous
manner, which were carryed about the parishes and
signed by ignorant people, servants etc., and at the
same time there were collections of money throughout
the Islands to procure the dissolution of the Assembly,
one man having for that purpose offered to pay down
2,000l. sterl. (5) He has threat'ned several Members
of the Council with suspension without cause, and did
transact business in Council with only two Members,
Samuel Cox and Alexander Walker, when the quorum
is 5, as will appear by a Minute taken by the Clerk
when the resolution was taken to dissolve the Assembly.
(6) He has in an unparalleled manner, taken upon
himself by his own authority and without the consent
of the Council, to dissolve the Assembly, tho petitioners
protested in Council, which protest he would not suffer
to be read or entered. (7) He has by his own authority
called a new Assembly and issued writs for that purpose
in his own name, without the advice or consent of the
Council. (8) He has proceeded to issue orders to
take depositions against several persons ex parte. (9)
He has not communicated to the Council letters he
has received from the Board of Trade etc. Sir John
Jennings affirmed to one of our Members that if
H.M. pleasure concerning St. Vincents had been disclosed to him, he would have appeared before that
Island with his squadron, to have given credit to any
person sent from Barbadoes for cultivating correspondence with the Indians, as directed. (10) He has
countenanced Samuel Cox, C.J., in an open violation
of the laws and libertys of H.M. subjects etc. Pray
that depositions be ordered to be taken under the seal
of the Island, which the President has refused etc.
Signed, Wm. Cleland, James Colleton, John Holder.
Jan. 2, 1706/7. Copy. 4¾ pp. [C.O. 28, 9. Nos. 101,
101.i.; and 29, 10. pp. 446–454.] |
| March 28. |
832. Attorney General to the Council of Trade and Plantations. Reply to Queries, Feb. 27, relating to fines laid on
Vetch and Rouse. I have perused the Charter of the
Massachusets Bay, the severall Acts of Assembly, and heard
Mr. Phips, the Agent, and am of opinion, (1) The General
Assembly there have no power granted them by Charter to
proceed in the manner they have done, the power granted them
being onely to make laws, to be a rule to the people there, but
no power is granted them to execute the Laws, or proceed against
criminals, but that is to be in the Courts of Justice there. (2) If
they had such power, I am of opinion they might legally impose
a fine on a man without a salvo contenemento, otherwise a poor
man is not to be ffined at all. (3) For the reasons in the answer
(1) I am of opinion those Acts are not fitt to be confirm'd, and
confirmation of the same will make a precedent, wch. I apprehend
will be attended with dangerous consequences and inconveniencys,
and deprive the subjects of their birthrights, to be tryed by a
Jury upon oath. (4) I am of opinion, these laws being repealed,
the offenders may be tryed as they might have been, before
these Acts were made. Signed, Edw. Northey. Endorsed,
Recd. Read April 7, 1707. 2 pp. Enclosed, |
|
832. i., ii. Copies of letters Feb. 27, '07 and Oct. 8, '06. 5¼ pp. |
|
832. iii. Deposition of John Nelson and Capt. Jno. Alden,
mariner. Having long resided there, deponents affirm
that the Indians who traded with Vetch etc. never
could, by their situation, be offensive to H.M. subjects
etc. Their country was formerly under the Crown
of England by the Patent of Sir Thomas Temple, Barot.
of Novæ Scotiæ, dated July 17, 1662. 1 p. |
|
832. iv. Saml. Vetch and others to the Council of Trade and
Plantations. Pray for the remission of their fines etc.
Signed, Saml. Vetch. 1 p. [C.O. 5, 864. Nos. 177,
177.i., 178, 179, 180; and (without enclosures) 5, 912.
pp. 349–352.] |
| March 28. |
833. Attorney General to the Council of Trade and Plantations. In reply to letter of Feb. 11. I am of opinion that Pogson,
having been tryed and acquitted for murder, cannot now be
tryed for manslaughter on the statute of stabbing. He might
have been tryed on both indictments if the Jury had found them
at the same time, but cannot at different times, manslaughter
on the statute being included in murder, and his life shall not
be twice in danger at the Queen's prosecution, the acquittall
of murder is no barr of an Appeal, which is the subject's suite,
but that may be brought against him within the year and day
after the death of Col. Johnson. Signed, Edw. Northey.
Endorsed, Recd. Read April 1, 1707. 1 p. Enclosed, |
|
833. i. Duplicate of No. 757. 1½ pp. |
|
833. ii. Extract of Governor Parke's letter Oct. 31, 1706. 1 p. |
|
833. iii. Duplicate of proceedings at trial of Pogson. Nos.
559.i., ii. 6 pp. [C.O. 152, 7. Nos. 1, 2, 2.i., ii.; and
(without enclosures) 153, 9. pp. 473, 474.] |
March 28.
Whitehall. |
834. Earl of Sunderland to Governor Parke. In reply to
letters of Dec. 9, and Jan. 19, H.M. approves of your having
refused to renew the leases of the French lands in St. Kitts, and
would have you to do nothing therein till you receive her further
orders. Care is taken here to send you forthwith a considerable
quantity of stores and provisions, and all possible methods will
be made use of to restore Nevis and the rest of the Leeward
Islands in the most effectual manner to their former flourishing
condition. I am to tell you H.M. does totally reject your
proposall of sending 10,000 Scots into your parts: perhaps the
sentiments of those may differ from yours as to religious matters,
yet H.M. looks upon them as good subjects and good Christians,
too good to be knock't on the head upon so wild a project. I
am glad your scheme did not appear before the Union was
finished, for if it had, possibly it might have occasioned some
delay to that which all Well-wishers to Great Brittain think
so great an advantage to H.M. Interest and the People of both
Nations. Signed, Sunderland. [C.O. 5, 210. p. 12.] |
March 28.
Whitehall. |
835. Earl of Sunderland to Governor Crowe. In reply to
Mr. Sharp's letters Dec. 5 and Jan. 2 etc. By all of them it
appears that the heats and disorders in Barbadoes are as great
as ever. Mr. Sharp has done all that in him lay to putt an end
to them, and has acted with a great deal of prudence and courage,
much to the satisfaction of H.M., therefore it is expected you
should pursue the same methods as he has done. The Queen
would have you strictly to enquire into the authors of these
disorders, particularly into Cleland's behaviour, who seems
to be the chief actor and promoter of all these mischiefs; you are
sufficiently arm'd with powers to putt an end to them, and I
hope by your steady conduct, you will prove the happy Instrument of restoring that Island to its former flourishing condition
and quiet. Signed, Sunderland. Duplicate signed Oct. 14,
1707. [C.O. 5, 210. p. 13.] |
March 28.
Whitehall. |
836. Same to Mr. Sharpe. H.M. is very well pleas'd with
your prudent conduct etc. as preceding, and is very sensible
how difficult a task you have had to keep things upon any tolerable foot, considering the Disorders that have been occasion'd
by some turbulent spirits amongst you. I don't see what
assistance you can have at present from hence more than is
already sent you; therefore you must wait the arrival of your
new Governor, Mr. Crow, who is sufficiently arm'd with
Instructions and Powers to putt an end to all these disturbances;
I don't doubt but he is with you before now, but if by any accident
he should not, H.M. would have you continue to act as you do,
and use your utmost endeavours for suppressing and quietting
those heats and tumults amongst you. I shall write to Mr. Crown
by this Pacquet and acquaint him how much it concerns H.M.
interest and the good of your Island to have an example made
of the promoters of these disturbances. Signed, Sunderland
Duplicate, Oct. 14, 1707. [C.O. 5, 210. pp. 13, 14.] |
March 28.
Whitehall. |
837. Same to Governor Handaside. I have laid your letter
of Jan. 29 before the Queen, who very well approved of the conduct
you have shewn in relation to your Assembly, and of your resolution of not passing any Laws of extraordinary nature without
first having H.M. approbation; I don't question but your
prudent management will allways prevent the mischiefs which
may arise from the extreams and errors such popular Assemblys
are too apt to run into. H.M. does likewise approve of what
you have done to Burrow, such a one ought to have all the discountenance can be shewn him by Law, and if possible, you are
to suppress that turbulent spirit of his, which may be sc
mischievous to the Peace and Quiett of H.M. subjects. Care
will be speedily taken for sending the Recruits you require.
The Spaniards in your parts will soon be convinc'd that our
affairs in Spain are not in so desperate a condition as they foolishly
imagine. My Lord Rivers has landed 10,000 effective men in
Valentia, which with the forces that were there before will make
an army of near 40,000 effective men: the first notice of our
landing had this good effect, that the enemy immediately quitted
severall posts upon their frontiers to retire nearer to their Capitall.
Our army there has without doubt taken the field by this time,
and I don't see how the Duke of Anjou can bring together a
force sufficient to oppose them, especially considering the desperate
condition the affairs of France are in everywhere else both as
to sea and land, that they are not able to send any considerable
succours to Spain. The French have given up all Lombardy
which is now actually in the possession of the Allies, only for
the saving about 7,000 men etc. The Duke of Savoy and Prince
Eugene will have an army of at least 70,000 men ready to march
into France early this campaigne; and the allies on the other
side of France under the Duke of Marlborough will be able to
do the same with a much greater army, so that I don't see how
France can shelter herself from the storms which are immediately
coming upon Her, without giving up Spain to King Charles,
and add to all this that the troops which France has now on
foot are in a miserable condition, having been recruited with
boys that can be no ways serviceable to them this campaigne;
and those of the Allies are stronger and in a better condition
than ever they were. Besides the Force we have now in Spain,
we are sending immediately 4,000 men more to Portugall, which
when joyned with the Portuguese will make a body of 20,000
men, and the enemy has no force on the frontiers to oppose our
march into Spain on that side. Part of our Fleet is now in the
Mediterranean, and a great reinforcement speedily going to
them, so that we shall be absolutely masters at sea in those parts,
and soon reduce the Islands to the obedience of King Charles.
You will do well to publish an accot. of this, and disperse it amongst
the Spaniards that they may see their true interest, and be no
longer deceived and impos'd upon by the false relations sent
them from France. There is a ship going to Jamaica called
the Kingston freighted by Mr. Dummer: I desire you will give
directions to have her clear'd as soon as may be, for after she
has made this trading voyage, which is the only one she is to
make, she is to be taken into service for carrying the mails between
England and the West Indies. Signed, Sunderland. [C.O. 5,
210. pp. 15–17.] |
March 29.
Antigua. |
838. Governor Parke to the Council of Trade and Plantations. Encloses duplicates. Our apprehension of being attacked
is now over, having an account that what men of war arrived
att Martinico are gone to Leeward, and the 18 sayle the last
Packett saw at sea were Dutch ships bound for Surrynam, where
they are arrived; whilst the Fright lasted the People sent negroes
to fortyfie Monks Hill, but being over I can't gett a negroe to
finish what I had begun, but they promise to doe it when the
crop is over; I desired them to make a regular Fort, and Coll.
Lilly being here offered his service, but they could not be perswaded
to be at that expence. In your last to me you direct me not to
enclose any of my letters in your packett, had I ever done any such
thing I should have deserved a reproof, etc. I never will trouble
myself to write to any one that is unwilling to be at the charge
of postage. The Assembly of this Island have allwaies allowed
quarters to the soldiers, and tho they make the Act but for
three months, yet the Treasurer does allwaies continue the
quarters till another Assembly sitts, and 'tis allwaies allowed,
the other Islands did the same, whilst they were able, but now
they have it not for themselves, had the men their cloaths and
pay allowed by the Queen, they might live very well. I have
informed the Assembly that the Act for regulating their Courts
did not pass at home, and gave them the Attorney General's
reasons. I have not as yett gott them to pass another Act agreable
to his exceptions, soe that as yet there is no Court kept, the Act
last sent home repealed their former Act, and that not passing
in England, the Lawyers dispute whether the old Act be in force
or not. On Munday next they meet, and hope there will be
some expedient found, that people may know how to come by
their right, which hitherto has been noe easy matter. Your
Lordships when I send the Journalls of the Councill and Assembly
will see whatsoever has been done since I came to my Goverment;
it had been sent sooner but our continuall allarms has been a
good excuse for the Deputy Secretary not coppying them for
me. I should have sent the broken Seale, if it had been in my
power, tho old Col. Codrington and Sir N. Johnson in the like
cause were permitted to keep it as a perquisite, the vallue of the
silver is not above 3 or 4 pounds sterl., when I arrived, pursuant
to your order, I caused the Seale to be brought before the Councill
and broke, the peices lay upon the table, there was a vast crowd
of all sorts of people as saylors, negroes etc., when the Councill
broke up, I went away and forgot it, the Deputy Secretary said
he gave it to my man, he said he put it into a table drawer, I
never thought of it till I went to St. Christophers, I sent about
it but the table was removed out of the house by the owner,
and from that day to this I never could hear what became of it.
Had it been possible to have procured such peices, if it had cost
never soe much, I would have done it, but all that can be done
now is to pay the vallue of it, the man that made the seale your
Lordships' Secretary gave me can inform the vallue, etc. which
I will order my Agent to pay. I thought I did a very prudent
act in removeing Col. Hamilton from St. Christophers to Nevis
and making Col. Lambert Lt. Governor of St. Kitts, for there
were a great number of complaints against Col. Hamilton at
St. Kitts, being generally haited there on account of Col.
Codrington's putting him upon some things not to be justified
and he being himself desireous to be removed to Nevis; upon
Col. Johnson's death, by desire of the people of both Islands,
I made Hamilton Lieut. Governour of Nevis, and Lambert
Lt. Governour of St. Kitts, they were strangers to me, but I
thought it Col. Lambert's due, he haveing been President of
the Councill many years, and has been in all the West India
service etc. Repeats conclusion of following. Signed, Daniel
Parke. Endorsed, Recd. 2nd, Read June 5th, 1707. 4 pp.
[C.O. 152, 7. No. 8; and 153, 10. pp. 12–17.] |
March 29.
Antigua. |
839. Same to [the Earl of Sunderland]. Repeats part of
preceding. I cannot very much blame [the people for not continuing the fort], for every year they are allarmed, which
putts them to a great expence, and hinders their makeing
sugar. I had an Order of the Queen and Councill to oblige Col.
Codrington to restore Mr. Baron a ship of his etc. His answer
was, the Law was open, and if he owed anything, he might sue
for it. I desire your Lordship's Instructions how I am to proceed
with him. I have it in my Instructions, and alsoe a power from
Mr. John Parkhurst by order from my Lord Treasurer to prosecute
Col. Codrington for the prizes taken last war, which I am about,
and want only one Buckeridge, the principal witness against
him, who is comeing from England, as soon as he arrives I don't
doubt but to recover a considerable summe, which shall be sent
to my Lord Treasurer. I have by doing my duty in these orders
disobliged this Gent. to a very great degree. I hope my
Ld. Peterborough, who is very much Col. Codrington's freind,
will not do me any disservice with your Lordship, and I hope I
shall have your Lordship's protection, whilst I doe my duty,
and that if anything be told your Lordship to my prejudice,
it may not hurt me in your Lordship's esteem untill your Lordship
hears what I have to say, etc. P.S.—One of the Queen's bounty
ships is arrived with the Speedwell and Maidstone. I have sent
orders to the Lieut. Governours of Nevis and St. Christophers
to distribute the provisions to the people; I had done it myself,
had I not expected then to have been attacked in this Island.
Signed, Daniel Parke. Endorsed, Recd. June 1st. 3 pp. [C.O.
7, 1. No. 16.] |
March 29.
Whitehall. |
840. Earl of Sunderland to the Council of Trade and Plantations. I have sent you the names of some merchants and others
concerned in the Plantations of Nevis and St. Christophers,
proposed as Commissioners for enquiring into the losses of the
said Islands, and how to restore the same to their former condition
pursuant to the Address of the House of Commons [March 18]
I desire you will let me know as soon as may be whether you
have any objections against any of them and what they are.
Signed, Sunderland. Endorsed, Recd. Read March 31, 1707.
Enclosed, |
|
840. i. Names of proposed Commissioners for Nevis and
St. Kitts; 8 from each Island and 13 from London. ¾ p.
[C.O. 152, 6. Nos. 79, 79.i.; and 153, 9. pp. 471,
472.] |
| March 30. |
841. Capt. Moody to the Council of Trade and Plantations.
Reply to March 15. (1) The bread was unfit for use. (2) (3)
I did buy the bread which was destroyed by the French, and
I left provisions, etc. etc. Signed, J. Moody. Endorsed, Recd.
Read April 1, 1707. Addressed. 2 pp. Enclosed, |
|
841. i.–iii. Depositions of A. Cumings, Merchant, Peirce Griffith,
and Tim. Moore, Pursers, in support of preceding. 3 pp. |
|
841. iv. List of provisions left at St. Johns by Capt. Moody,
Nov. 1, 1705, and surveyed by order of Commodore
Bridge. Signed, Hu. Dart, Tim. Moore, Jno. White.
1 p. [C.O. 194, 4. Nos. 24, 24.i.-iv.] |
| March [? 31]. |
842. Attorney General to the Council of Trade and Plantations. Reply to letter of Dec. 6, 1706. By Law where a man
dyes intestate in the Plantations having a personal estate there,
and also any personal estate or debts owing here in England,
the right of granting administration belongs to the Archbishop
of Canterbury, and if administration be granted in the Plantations
also (which may be) that administrator will be accountable to
the administrator in England, but will be allowed the payment
of just debts, if paid in the order the Law allows of, that is to
say, the whole personal estate in England and the Plantations
will be liable to all the intestate's debts in both places, and out
of the whole, first, debts owing to H.M., then judgments,
statutes and recognanzes, their bonds, their debts without
specialty both there and in England are to be satisfied, and the
administrator in the Plantations will not be allowed the payment of any debts without specialty, if there be debts of a superior
nature unsatisfied in England, for every administrator is bound
to take care to apply the intestate's assets to discharge his debts
in the order the Law directs, and it matters not whether the
debts were contracted in England or the Plantations. If there
be debts of equal nature in England and the Plantations, the
administrator may discharge which he pleases before he be sued
for any other of the like nature. This indeed is some difficult
on administrators, but it is no more there than in England
And attempts have been made by Acts of Assembly in some
of the Plantations, particularly, as I remember, in Pensylvania
to appropriate the effects in the Plantations of persons dying
there to the discharging debts contracted there, but those Acts
have been repealed here, as being prejudicial to this Kingdom
I am also of opinion that when the letters of administration
arrive at the Plantations under the Seal of the prerogative Cour
of Canterbury, they are to be allowed there, and the authority
of the administration granted in the Plantations from that time
ceases. Signed, Ed. Northey. Endorsed, Read April 1, 1707
2½ pp. [C.O. 5, 1049. No. 28; and 5, 1121. pp. 22, 23.] |
March and
April, and May. |
843. Permits for 21 ships bound for Virginia, Maryland and
the West Indies, not to be embargoed there. [C.O. 5, 210.
pp. 22, 23, 27, 28, 30, 35.] |
