America and West Indies: November 1708, 1-10

Pages 123-141

Calendar of State Papers Colonial, America and West Indies: Volume 24, 1708-1709. Originally published by His Majesty's Stationery Office, London, 1922.

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November 1708, 1-10

Nov. 2.
178. Messrs. Sharpe, Walker and Beresford to the Council of Trade and Plantations. Refer to former letters, and their charges against Governor Crowe. We hoped that H.E. would have waited H.M. determination of this affair or given us an opportunity of makeing good our charges, but on Sept. 25th he removed us from the Council Board for presenting him with a scandalous libel, as he was pleased to call our representation, and tho' we insisted at the Council Board that we had done nothing but what we conceived was our dutys pursuant to our oaths, and had been prevented from offering in Council by the several adjournments therein complained off, and tho we earnestly prest him that the said Representation might be read at the Board and that he would enquire into the several allegations, and offer'd to prove them all and tenn times more, yet nothing coud prevail on him to doe either himself or us justice, but proceeded to suspend us from the Council, tho several members offered to protest against such suspension, and pray'd that we might be admitted to make good our charge, which he rejected. We submit it to your Lordships consideration. if the suspension of Members of H.M. Council for offering their advice in matters to which they are obliged by their oaths will not have a very fatal influence on the publick affairs, etc. Signed, Saml. Beresford, Alexander Walker, Wm. Sharpe. Endorsed, Recd., Recd Jan. 19, 1708/9. 1 p. [C.O. 28, 11. No. 47; and 29, 11. pp. 374–376.]
Nov. 2.
179. Major Pilgrim to the Earl of Stamford. My last of Aug. 28 acquainted you of my health and safe arrivall with my wife and daughter in this poor distressed Island, occasioned by the illegall and arbitrary proceedings of Mr. Crow, who governs by his will and pleasure, as is dayly seen by everyone, to the great greif of the poor inhabitants, a great many of which have been ruin'd by the late Paper Act, and now Mr. Crow with the Assembly are projecting another Paper Act, which if he can get to pass the Council will wholy ruin the poor Island, which he endeavours to accomplish by suspending Mr. Sharpe, Mr. Walker, and Mr. Berrisford, for acquainting him of his illegall and arbitrary proceedings, etc. He has placed two in their places, (viz.) one Barwick that came here from England in the ffleet with me, and is Mr. Blathwait's kinsman, and will doe what he will have him, the other is one Aynsworth, who is another tool for his purpose, at the suspending the above gentlemen, Mr. Cox and myself did protest against his suspending them, and desired our protest might be entred in the Council book, which we showed to him, which he refused, telling us he did not ask any man's consent to the suspending them, but did what he thought fitt; I asked him why he called a Council, there being no other business that day, if he did not intend to take their advice, to which he replyed, he would call them when he pleased; the next sitting of the Council, the Minutes of their sitting before was read, and there the Minutes said the former day's minutes were read and approved of, to which I told him it was a wrong minute, for that Mr. Cox and myself desired our protest might be entered, and we were dismissed, so that we did not approve of the same, his answer was nothing should be altered, and we might write for England and make the most of it we could; and the last sitting of the Council, there were severall petitions heard, there being only five Members which made a Council and Mr. Crow, a petition being read and argued, three of the Members were for the petitioner, two against him, Mr. Crow voted against him, which made the votes but equall, nevertheless he gave it against the Petitioner; I told him the votes were equall, and unless he had two votes, it was not carried, his answer was, wherever he voted, he would carry it. By all which your Lordship may see he will doe what he thinks fit; he has now severall suits depending in the Chancery where he is Judge in his own cause, he has also severall suits at the Common Law now depending, and no Governour before him ever had the like, he has a Judge in the precincts where his causes are to be tryed, that will doe what he will have him; the said Judg is Speaker of the Assembly and is more in debt than he is worth; so that did not Mr. Crow keep him in a Judge, his crediters would fall on him, and extend all his estate, so that this Judge must do something for this favour; you must also note that this Judge is Judge in the precincts where his estate is, so that he also is Judge in his own causes. As to the Millitia, he makes so often alterations in the Feild Officers, in turning out and putting in new ones, that at this time we have not two regiments settled in the Island, which would be of ill consequence, were we attack'd; by all which I hope your Lordship will commisserate our deplorable condition, by making known the same to H.M., that we may be releived from a Governour that has acted illegall and arbitrary, which will easely be made to appear very plain by the suspended gentlemen, and by a great many other complaints made against him. Signed, Jno. Pilgrim. Endorsed, Recd., Read Jan. 20, 1708/9. 3 pp. [C.O. 28, 11. No. 48; and 29, 11. pp. 377–380.]
Nov. 2.
180. Governor Crowe to the Council of Trade and Plantations. Acknowledges letters of July 13, Aug. 4 and 13. Your Lordships' commands shall be punctually observ'd, etc. I cannot but take notice of the Custom-hous officers' remissness in their duties; they pretend to dispose of all inferiour places by order from the Commissioners in London, so that Governor's directions is not regarded by them, nor will by any others, except H.M. will be pleased to support it by showing her displeasure on those that have so scandalously condemn'd it. Refers to enclosures. I hope that your Lordshipps will make such a representation thereof, that I may have justice don me—and the authority of the Governmt. preserved, for as it now is, a Governor's whole time is taken up in vindicateing himselfe against the unjust aspertions of a sett of ill-designing men, who want nothing but a change, in hopes their corruptions will (as heretofore) then take place. I refer your Lordships to the Minutes of Councill of Sept. 25th for my reasons of displaceing them, wch. I doubt not will be as well approved off by yr. Lordships as it has been here; there then wanting two Members to make up the number seven, I offer'd to reinstate Col. Hallet and Mr. Salter, but they both refus'd it, with this excuse, off experiencing the uncertainty of the continuance, so I thought it was not proper to run the hazard of the like answere from Messrs. Colleton and Warren, therefore pitcht upon Mr. Samuel Barwick and Mr. James Aynsworth, who are gentlemen without exceptions, and very agreable to the people Yr. Lordshipps will receive their characters from their friends in England, wch. I hope will be so satisfactory to yr. Lordshipps, that they will be confirm'd by H.M. At the request of the Grand Jury, Generall Assemblie, and Attourney Generall I have, with the unanimous advice of the Councill, alter'd that rule in the Chancery Court, whereby the Register in Chancery unjustly demanded and kepp 10 p.c. (of all mony deposited) for his own use. Mr. Mein, who went home in H.M.S. Greenwich, can give your Lordships a very particular acct. of all occurrences dureing his time. I suppose your Lordships will think fitt to supply his place in the Councill. H.M.S. Weymouth about 20 days ago took off Martineek a French shipp of 120 tunns loaden from Nants with beefe, pork, flower, wine and brandy, wch. has been sould here. The Assembly are now about raising a leavy to pay off the country's debts, wch. amounts to above £20,000, but the methods they propose are not so agreable to the merchts. as I could wish, the bill now lys before the Councill, for their consideration. As soon as the publick accts, are all stated, yr. Lordshipps may depend on a coppy thereof. Signed, M. Crowe. Endorsed, Recd. 22nd, Read 24th Jan., 1708/9. 3 pp. Enclosed,
180. i. Representation of Mr. Sharp, Mr. Walker and Mr. Beresford to Governor Crowe, touching his maladministration, etc. Duplicate of Sept. 1, 1708. Endorsed as preceding. 7 pp.
180. ii. Governor Crowe's Reply to the foregoing complaint. Nov. 2, 1708. The Council has alwayes been called when anything occurred, and never mist the usual monthly sittings, but on Aug. 3 last, which was occasioned by a cold and feaver that confined me to my chamber for four days, and on the meeting of Council, Aug. 30, I gave them the reasons for not holding on the next day, which they then approved off, and notwithstanding I demanded, if they had anything to communicate for the service before the Council was adjourned, they declared they had not as per the Minute here adjoyn'd, and by those already at large sent home, will appear. Although they tell of general dissatisfactions (which I immediatly thought convenient to inform myself of by the Generall Assembly), your Lordships will perceive the falcity of that assertion by said General Assembly's Address. It has alwayes been the custom of the Assemblys to meet (altho' the Council did not sitt) to prepare buisness or bills, in order to be passed into laws by the Governour and Council, as by all former Minutes of the Councill and Assembly sent home may appear I never did, nor do they instance any Cause of Error or Grievance determin'd without the due forms by a majority of the votes of the Councill, and as to what relates to ye affairs of Sir Willoughby Chamberlain, as my wife is sole executrix, all determinations relateing thereto was unanimously consented to and adjudged by the Council, and their prayer for my decreeing accordingly. I have duely observ'd H.M. Instructions in the disposal of Civil Offices, nor do they give one particular instance to the contrary, and as to ye millitary, I refer to the above Address, of the satisfaction of the people under the present Officers. But I must observe that untill this paper, those Gentlemen, if there had been any error committed, never were so just as to advise me thereof. I never consented to the Assembly's employing any Agents in England, nor did the General Assembly ever ask my leave for so doeing; as for the Council not sitting so often as at my first comeing, the reason is evident, that I then so regulated the affairs of the Government, that there was no occasion for such a constant attendance, nor do they mention one instance. As to the dreadfull apprehensions of another Paper Act; I referr to the General Assemblies Address. As to the charges 3, 4, 5, 7, refers to enclosures. As to 6, setting aside orders, I apprehend it was alwayes the custom of the Court of Chancery in this Island to be determined by the vote of the Chancellor when the votes were equal, and so the Barristers were of opinion, otherwise the party supposed to be grieved would have objected thereto. (7). If my private secretary, Mr. Skene, committed any abuses in extorting undue fees, it was contrary to my orders, and what I am wholly ignorant of, never haveing had any complaints relateing thereto. Nor did ever I determine any matter of law by private petitions, they do not give any instance, only that I threatned Mr. Summers, wch. was for abusive language, and not for not complying with the just debt; I have to relieve the poor (who before my arrival were much oppressed, and durst not complain of a rich planter, for if they did to any neighbouring Justice of the Peace, had little or no redress.) I set aside one day of the week to hear their complaints, and have taken all proper methods to relieve them, which' was the only means to protect them from their accustomed oppression, and to keep them amongst us, as also to oblige the Justices of ye Peace to comply with their dutys. As to the case of Bamfeild against Waterman, the petitions are not to be found in the Offices. So that I cannot remember what was ordered in that case, but that there's no complaint from the partys. (8). As to stopping executions after judgment at Common Law, it has alwayes been done by petition and injunctions granted. (9). As to Mr. Arnol and Grey's fine, it was done on their petition according to my Instruccions; it's true Mr. Arnol being next neighbour to one of my plantations and seeing the neglect of my overseer, did send 30 negroes for two dayes to help to hole a piece of ground, wch. is not yet paid for. It amounts to £1–10–0 at 7½ per day. (10). As to Mrs. Walter's recovery against Farmer's estate, refers to enclosure. On the day appointed for the hearing the petition, it was dismisst by the plaintiff's consent, on a better understanding between her and the defendants, as I was informed. They do not instance any one case of hardship putt upon any person, on a private petition. (11). As to the affair(s) of the Grand Sessions, I do not now remember it. But why did not these Gentlemen who were Councillors, as Messrs. Sharpe and Walker, and at that time on the bench, as it was their duty then to have informed and advised me better, if by my then sickness in Court, or inadvertency any mistake had been committed. Nor did I ever hear this affair mention'd before this paper charge. It was also the duty of the then Attorney General to have protested against any irregularity of ye Court. (12). There is no instance given or ever any question made (but by these Gentlemen) of my partiallity in judgment, either in Chancery, Error or Grievances, nor of receiving any presents but from Mr. Slingesby. Refers to enclosure. (13). If I continued at Pilgrim after the Act of £500 was past, it was well known the reason was because I could not rent a convenient plantation, and that my own house was at that time fitting up. (14). As to imprisoning Judge Buckworth, refers to enclosure. The noli prosequi was entred by the Attorney Generall without any order from me. (15). As to the committing the undergoaler Smal, it was for contempt and letting prisoners for debt goe out of prison. (16). As to imposeing new oaths, it's like the rest, false. (17). As to trade, I have been so far from discourageing, that never no Governour went so far to encourage it. (18). And as to the Sherbrough ffrigot, I believe the concern'd do not think they have any ground for complaint. That affair would have been brought to a trial, if the Custom House Officer who ought to have prosecuted, had not failed in his duty. I never gave any orders, or obliged, or ever so much as spoke to any Master to have his petition drawn by my private Secretary, or ever refused, when it was propper and consistent with H.M. Instructions, to sign any petition for sailing, nor do they pretend to give an instance, but in the general discontent. (19). As to appointing Coll. Cleland Lieut. Governor, these Gentlemen would make a handle thereof to insense the People, who know as well as they that no Lieut. Governor can be appointed here but by H.M.; so I could not by letters or otherwise pretend to the disposal of it without H.M. approbation: whatever might be pretended in this was before I left England, when H.M. was pleased to order my returning into Spaine as her Envoy extraordinary and Plenipotentiary but, on' the planters' and merchants' petition for my comeing directly for Barbados, there was an end of it. (20). As to the not passing the new Excise Bill, it was the Gentlemen of ye Councill who disputed it with the Assembly on account of the Agency being incerted therein, and had several conferences with them thereon, nor was ever the General Assembly adjourned on that account; much to the contrary, long before their time expired they were ordered to sitt de die in diem, untill that should be accomodated between them, to which I referr to the General Assembly's Address; nor in the interval, to the best of my memory, did there more than one smal sloop arrive with 35 pipes of wine consigned to Mr. Mackenzie, the duty whereof amounts to no more than about £157–10–0. (21). As to the alterations in the Militia, I was several months in the Island before any was made, and those that has since been, are to the general satisfacion of the people, as appears by the Assembly's Address. (22). As to the Brigadeer, there are two that bears that Commission, which they mean doth not appear, but I must do them both that justice, as to declare my opinion of their being gentlemen of as good estates, and as much honour, courage and integrity as any in this Island. And as to the Judges, there has been but two new ones made since my arrival. The first was Coll. Reynd. Alleyne, of whom I have not heard any complaint, and Coll. Downes, who has for some years been Speaker of the General Assembly, and in his place as Judge as done his duty with as much expedition and justice as ever any man that sat on that Bench. Whatever disadvantages any of these Gentlemen might at my first comeing to this Island lye under by misrepresentations to me from some of these discontented persons or others, I have now been long enough here to know them personally, and think myself obliged to acknowledge my satisfaction with their conduct and proceedings. As to their charge of my illegally dispensing with the law in Coll. Holder's case, it is as falsely represented as the rest; ffor what was done in that case was in a Court of Grievance and voted by a majority of the Councillors, by which I was obliged to give sentence, so that I had no other share therein than to pronounce the judgment, as in all other cases, which is carried by a majority of votes in Council, which by my oath I was obliged to, as the General Assembly was soon sensible of, and that was the reason they did not proceed on the Representation, haveing detected the false insinuations by which they were led into that error, and Mr. Beresford gave his vote for ye supporting that Order he now exclaims against. So that there doth not in the least appear what they so falsly and scandalously assert, that by any way or thing I have prostituted the dignity of the Government, or sacrificed the publick good to my private safety, etc. (23). As to their additional charge, dated Sept. 1, 1708, their false pretence of want of oppertunity or time to consider of publick affairs is answered by the Minutes of Councill, and as to the Assemblys addressing H.M. without the concurrence of the Council, it is both parliamentary and hath often been done by former Assemblys, and is a priviledge that even a private subject cannot be debarred from, nor did any of these Gentlemen give me notice of such proceedings of ye Assembly (untill by their paper), that I might, if there had been any just grounds, have stoped it. (24). And as to my permitting of the Assembly disposing of the publick money without advice of the Council, it is so notorious[ly] false, that the Assembly never offered or demanded any such thing, as by their Address. So that I think it's plain how falsely and scandalously they have abused me. Upon the whole matter it appears that the instances these gentlemen have given of male administracion (if they were true), were matters transacted many months since, so that, if the zeal they pretend for H.M. service and a due administration of the affairs of this Governmt. were real, they, on consideration of their oaths and duty as Councillors, ought long since to have given me their opinion and advice in these matters, which I do averr they never did till the delivery of the said paper, excepting only Mr. Sharpe's protest concerning the business of Coll. Holder, which was the last Council day before the delivery of this paper: and it is observable that they do not so much as pretend they had ever given me any advice in the affairs complained of, till the delivery of said paper, which would have been such an aggrevation as they would not have omitted, as may appear by the temper shewed in their remonstrance. I beleive they will not be justified in treating me in the manner they have done, when I am by H.M. Commission their Governour, which could tend only to create sedition and ffaction in the Island, and endanger the safety thereof. What this action of theirs and their publick proclaimeing and bragging of it had like to have produced may in part appear by enclosure. In respect to the Queen's authority, I think their advice should have been given with some decency and modesty, and without the many unnecessary and impertinent reflections with which it is filled. And if my managment of this Government had been imprudent or even criminal, till H.M. had judgd it so, I beleive they cannot justifie their insolence, which, if it go uncensur'd, will be a president for the like treatment of future Governours, the consequence of which may be easily forseen. It was neither zeal for the Queen's service nor sense of their duty that moved these Gentlemen to deliver the said paper to me, but some of the true reasons are these:—On Aug. 31, 1708, in the Assembly of this Island there happened some warm debates concerning the accusation and imprisonment of Mr. Lillington and Coll. Downes for High Treason, in the later end of Sir B. Granville's Government, and the forceing from one of them, as it was said, great summs of money. The Assembly thought it very much for the safety of H.M. subjects of this Island that so villainous a practice should be thoroughly enquired into and detected, and in the said debates Alexander Walker and his brother William Walker Esqs. were by some of the Members charged to be persons against whom there was violent cause of presumption, that they first had suborn'd an evidence to swear against the said gentlemen, and that they had after their commitment made their advantage of it, but that debate was adjourned till a further and more particular discovery might be made, wch. I am informed is carried so far that one or both of those brothers will probably have a trial at ye next Grand Sessions, which is to be on Dec. 12 next. The Assembly then proceeded to consider of other transactions of Alexander Walker, and particularly of his takeing a sum of money of Col. Holder for promoteing and voteing for the Banke bills issued in the time of Sir B. Granville, the said Walker being then a leading Member in the Assembly, on which they made an Address to me (enclosed). The said Walkers sometime before foreseeing that there would probably be some enquiry made into those matters, by many applications and insinuations endeavourd to gain the same credit and power with me that they formerly had with Sir B. Granville, supposeing that the only way by which they could avoid the penalties of the Law if they were prosecuted here, but being before that well informed of their characters, their endeavours were in vain. Thus the matter stood till the Assembly proceeded and addressed as aforesaid on Aug. 31, when, finding themselves without the protection they expected, and despairing thereof whilst I continued in this Governmt., they framed the aforesaid libell, and Alexander Walker prevailed with Mr. Sharpe and Mr. Beresford to joyne with him therein, and deliverd it to me the next day after the proceedings of the Assembly, being September 1, artificially dateing the first part of it August 27, as if it had been prepared sometime before the said proceedings of ye Assembly. To omit many other reasons which Sharpe had, not to seperate himself from the Walkers (with whom he has alwayes been strictly united), his very great debts and low circumstances in ye world have given him sufficient occasion to be dissatisfied with the frequent sitting of the Courts and more speedy execution of justice in the time of my Government than was formerly used in this Island, as by the Records of the Courts and the general confession of all persons interrested here may appear by enclosure. It will likewise appear that he now owes the sum of £15,739 by judgments, besides what he owes on bonds and open accounts, so that for want of the security from payment of his debts which he formerly enjoyed, and the hopes he publickly declared he has of this Government on the next vacancy, he has been tempted to joyne with the said Walker. As to Mr. Beresford, he was first placed in the Council by Mr. Sharpe in the time of his Presidentship, and is a dependant on him. His low character in the Church I believe is well known to my Lord Bishop of London, his Diocesian, as well as to all persons here, some part of which will appear by the depositions of Brigadeer Thomas Alleyne and Mr. Salter, sent herewith. I think his temper will likewise appear by the paper to which this is an answer, which showes not much of the spirit and discretion of a worthy and sober Divine fitly qualified to be a Member of H.M. Council. What I believe has most provoked those Gentlemen is to see their scheem of Government projected in the President's time by Mr. William Walker, as by his letter to Coll. Cleland, and Cleland's explanation thereof to the Assembly, wholly frustrated. Coppy goes herewith. I hope by what has been said it will appear that those three Gentlemen has falsely and scandalously abused me. Signed, M. Crowe. Endorsed as preceding. 10½ pp.
180. iii. Certificate that the following are sworn copies of the originals. Signed, M. Crowe. Nov. 1. 1 p.
180. iv. (a). Minutes of Council of Barbados, Aug. 30, 1708.
180. iv. (b). Address of the Assembly of Barbados to Governor Crowe, in reply to the paper of Messrs. Sharpe, Walker and Beresford. Sept. 4, 1708.
180. iv. (c). Depositions and petitions of Arthur Slingesby, Susanna Scott, John Pittman, Thomas Baron, Tho. Godfrey, Arthur Upton, W. A. Moore, Wm. Godman, Wm. Shuller, Patrick Thomson, John Holder.
180. iv. (d). Minutes of Council of Barbados, Oct. 11, 1707—July 6, 1708.
180. iv. (e). Copy of Warrant for arrest of Cuthbert Mitford on the petition of Joseph Swaine. Nov. 1, 1705.
180. iv. (f). Copy of petition of Richard Williams and an order against John Summers for payment of a debt referred to therein, after he had refused to attend the Governor. Aug. 18, 1707.
180. iv. (g). Copy of petition of Katherine Herbert, and summons against Alexander Walker, dismissed July 26, 1708.
180. iv. (h). Depositions by Thomas Baron, Secretary, that he cannot find in his office the petition said to be preferred by John Holder against the proceedings of the Bank Marshal, or of Gibbes v. Walter, or Bamford v. Waterman. Oct. 12, 1708.
180. iv. (i). Petition of Manuel Manasses Gilligan and Butler [Chamberlain] his wife, administratrix of Sir John Witham, Bart., for leave to appeal from a decision upon an action of detinue against William Battyne, Cuthbert Mitford and John Cleland. Granted, provided the negroes in debate be found upon appraisement to be of the value of £500. Leave to appeal was then refused, April 24, 1708, upon the grounds that the warrant of appraisement was not duly executed.
180. iv. (j). Address of the Assembly to Governor Crowe, Aug. 1, 1708. Pray that Alexander Walker may be removed from the Council, if Col. Holder's allegation be proved, that he received £527 out of the profits of the Bank Bills, he having zealously promoted the Paper Act, etc.
180. iv. (k). Certificates of 20 judgments entered against William Sharpe since 1681, varying in amounts from £3000 downwards, upon which no satisfaction has been made. Signed, Wm. Burnet, Cl. Cur.
180. iv. (l). Deposition of Capt. Alexander Arnot, that in 1706 he with Capt. Christopher Jackson, entered into bond of £2000 for Cuthbert Mitford, then taken up on a ne exeat insula on a bill in Chancery filed against him by the Attorneys of Mitford Crowe, then in England. Soon after, they caught him at sea endeavouring to escape and refused any longer to stand his security. Oct. 28, 1708.
180. iv. (m). Deposition of Richard Downes, Nov. 1, 1708. On Sept. 4, when he was with H.E., Mr. Bate waited upon deponent. In reply to his enquiry by letter as to his business, he received a letter from Mr. Bate: "Sir, my business was to give you a letter from Col. Codrington, written at the desire of 4 or 5 gentlemen, who are willing to preserve the rights of their constitution as long as they can. The business of the letter was this, that if publick business could not be dispatcht without private quarrells (which as it was your duty. so you had authority enough to prevent), it was not reasonable Mr. Maxwell and Mr. Carter should be engaged alone, but that Mr. Carter had 3, 4 or half a dozen freinds to attend him whenever his enemys should think fitt to call on him. Wee went to drink chocolat with Col. Carter this morning, and haveing made him our complements came back to towne. Signed, Raynes Bate. Sept. 5, 1708. For the honble. Mr. Speaker Downes. The whole endorsed, Recd. 22nd, Read 24th Jan. 1708/9. 62 pp.
180. v. Address of the Assembly of Barbados to Governor Crowe Oct. 5, 1708. Return thanks for abolishing the practice of the Registrar of the Chancery Court in keeping to his own use 10 p.c. of money deposited in the Court. Same endorsement. 1 p.
180. vi. Deposition of Thomas Alleyne, Oct. 8, 1708. After the Council had risen from business, they were one day discoursing of the debaucherys of the youth of this Island, and particularly toward ill women. Some of the company said that Oxford and Cambridge affoarded as great oppertunitys for that vice as any place else. Deponent replyed, he was sorry to hear that, he haveing a son at each University, and that if he should know either of his sons guilty of such wickedness, he would discard them from his favour. Mr. Samuel Beresford said he was of a quite different opinion, etc. Same endorsement. 1 p.
180. vii. Minutes of Council of Barbados, Sept. 25, 1708. Same endorsement. 2¼ pp.
180. viii. (a). William Walker to Col. Cleland. A project for sharing the Government in Mr. Sharpe's Presidentship. W.S. to be made Commissary General with the allowance formerly projected, and the Treasury being secured to J. H[older], I believe he'l be content to quitt the Bank. Then W. C[leland] and A. W[alker] to have the management of the Bank, and J[ohn] S[harpe] to have the direction of it under them, with a certain sallary, and W. S. to have out of the profitts of the Bank £4 or £500 per annum. And in regard of the loss the Register's Office will sustain by reason of the Bank credit, R[obert] S[tewart] or W. W[alker] dureing his continueing in the said office be allowed £4 or £500 per annum out of the profitts of the Bank. The letter is signed Philotas and writt in Mr. William Walker's own hand.
180. viii. (b). William Walker's explanation of above to the Speaker. April 24, 1707. Neither Col. Holder nor I approved of this project. Another project was by James Vaughan, who declared the President was to have £2000 to dissolve the Assembly and grant new commissions etc. Signed, Wm. Cleland. Same endorsement. 1½ pp. [C.O. 28, 12. Nos. 2, 2. i.–viii.; and (without enclosures) 29, 11. pp. 385–390.]
Nov. 2.
181. The Earl of Sunderland to the Council of Trade and Plantations. Encloses extracts from Col. Jenings' letter of June 24, relating to Indian trade and European goods etc., and from Governor Parke, July 1, relating to trade with Martinique. "Of which advices, you'll please to make such use as you shall judge to be for H.M. service." Signed, Sunderland. Endorsed, Recd. 3rd, Read 8th Nov. 1708. 1 p. Enclosed,
181. i., ii. Extracts of letters referred to in preceding. See under June 24 and July 1. 2½ pp. [C.O. 5, 1316. Nos. 6, 6. i., ii.; and (without enclosures) 5, 1362. pp. 303, 304.]
Nov. 3
St. Christophers.
182. Governor Parke to the Council of Trade and Plantations. Inclosed I send an Address from the Lt. Governour and Councill of St. Kitts to the Queen, all has signed but Capt. Crook, who is so disabled with the gout he cannot hold a pen, or he had sign'd it, the Assembly as soon as they sitt I dont boubt [sic] but will signe it; I am but just come from Antigua, as soon as the Fleet is dispatched, I shall vissitt the other Islands of Nevis and Montserratt. I have no doubt but to have an Address in my behalfe from them, notwithstanding Col. Hodges is my enemy whome I disobliged by chaseing away the Daneish sloops; I have sent an attested coppy of the Lieut.Governour and Councill of Antigua's letter to me and their letter to Mr. Cary their Agent, for I ordered them to be entred on the Councill Books; It's very surprizeing that I should be guillty of so many crimes, and in such a small Government, and that nobody should know of it but a caball of five or six people, for tho by extraordinary methods they have got many to signe the Articles and Address, yet they know not what they are; I hear they have taken depositions before the Cheif Justice, one Samuel Wattkins; I beg leave to informe your Lordshipps the charectar of this man. I found him Cheif Judge, and by my Instructions was not to turne him out. Sometime before he was made Cheif Justice, he murder'd a man that had neither stick or sword in his hand, the Jury here brought him in guilty onely of manslaughter. (There never was any inhabitant that ever I heard of brought in guilty of murther; There was a merchant once, one Lloyd, they did bring in guillty, the reason they gave, he had sold his goods too dear). Coll. Codrington pardon'd his manslaughter, and some time after was made Cheif Justice, therefore he thinks he ought to do all manner of clandestine things to carry on Codrington's intrest. I have the misfortune to disoblige this Gentleman by makeing a decree; the story is this, one in Buckinghame had sent some goods to Antigua, he to whom they were sent died; Wattkins, the cheif Justice, and Mr. Feild were executors; Feild refused, but Wattkins acted as Executor, one Andrew Martin was sent over to sue Wattkins, but was three years about it to no purpose, at last brought it before me in Chancery, he plainly prov'd his debt. I had the whole Councill with me, who were unanimous of opinion I ought to decree for the Plaintiff, which I did; 'tis impossible for your Lordshipps to imagine what a clamour this decree made, tho' the most just in the world. That which galled them was that an attachment went to take him up untill he had paid the man the mony decreed, this they cryed was ruineing the Island and breaking into their constitution, for by their Court law a debtor may tyre out his creditor till he obliges him to take what he thinks fitt; for after a man has obtain'd judgement, he must give 20 dayes notice to the debtor before he can lay his execution. In that time he removes what the execution can be levied upon to his next neighbours, and it must be 6 months before he can have another, and then he must againe give 20 dayes notice, and so on for eighteene months, and if the Marshall should catch his effects (which is very improbable), then the creditor must choose two and the debtor two men to appraise the goods, and the Law sayes, except they all four agree, it shall be no appraisement, now 'tis hard if the Debtor cant find one friend that will not agree to the appraisement; so that I may justly say they have established iniquity by a Law, and in Antigua any man may choose wether or not he will pay his debt, tho' one has his bond or judgement; this may seem strange, but 'tis very true, read but the Law, and your Lordshipps will see it; What they call my goeing about to ruine their country would be the makeing of it, they would have more goods sent them, if a man knew how to come by his owne, after he had trusted it out; and if the rich did not oppress the poor as they do; a fellow that a few years ago was not worth a groat haveing by wayes and means got into a Plantation and some negroes, tyranises over all the poor about him worse than a Bashaw; There is one Daniel Mackenin, that 20 years ago was chyrurgeon to a little merchant ship, has drove off the Island near a hundred men, all the land where he lives was inhabited by poor people, that live upon some three, some five and some ten acres of land, for a little land here will maintaine a poor family. I could name you severall instances of the like kind, thus the poor are drove off, and the Queen loses so many subjects; for they go to the Dutch or Daneish Islands, or to some of the little Islands to Leeward, which is the same thing, for what they make they sell to the Dutch or Danes; 'tis the intrest of the Brittish Nation that the Islands should be well inhabited, and not ingrossed by a few rich men; all these Islands decreases in inhabitants every year, and will do so untill the Parliament makes some laws to keep the poor on the Islands, and keeps the rich from breeding up their slaves to all manner of trades, and from oppressing the poor, and wholesome laws to encourage trade by makeing it easy for creditors to come by their debts, and the poor have justice against the rich; it must be the Parliament must do it, for they have such laws putts it out of the power of a Governour, except he will dispence with their Laws, wch. I shall observe, tho' they were worse than they are (which can hardly be). Whatever Governour goes about to remedy these abuses, and will hear the complaints of the poor against the rich will fall under the same fate with myselfe, bring a wasp's nest about his ears; there are a great many Gentlemen, as all the Councill in generall, would gladly make laws to remedy these evills, but the Assemblys will not give into it. Your Lordshipps may see in the Minutes of the Councill of Antigua how many messages I sent with the consent of the Councill to the Assembly to get a wholesome law made for regulateing the Courts of Judicature etc., but to no purpose; my endeavouring both publickly and privately to perswade them to make wholesome laws, and my endeavouring to prevent a clandestine trade to the French, Dutch and Daneish Islands carryed on by the Factors here to the prejudice of the merchants in England (for 'tis with the effects they ought to send home to their employers that they carry on this trade). These, my Lords, I may justly say they think are their great greviances whatever else they may pretend to, or they had not subscribed such a great summ of mony to be disposed off to gett me removed that have done no one of them any injury either in their person or estate, nor never took any advantage of any masters of ships not haveing his register; but on the contrary have to the utmost of my power encouraged all fair traders (tho perhapps Mr. Chester may say his sloop that was catched landing of hollands and other goods was a fair trade). I never spared my person any fateigue to do the Islands good, and yett I am complained off, and not paid my sallary for house-rent neither; they would neither do that nor give the soldiers quarters except I would give away the Queen's negative voice; this was what Codrington contrived for me; if I had betrayed my trust, the Queen would have removed me, if I did not, they would give me no sallary. Signed, Daniel Parke. Endorsed, Recd. 18th, Read 20th Jan., 1708/9. 6 pp. [C.O. 152, 8. No. 5; and 153, 10. pp. 267–273.]
Nov. 3.
St. Kitts.
183. Governor Parke to Mr. Secretary Boyle. Encloses letter from Lt. Governor and Council of Antigua and address from St. Kitts, by wch. you may see what just cause Col. Codrington and his emissarys have to frame articles against me. They have raised a great summe to be distributed in order to gett me removed, in their cupps they name how much such a one is to have and how much another, whose names I durst not so much as mention beside a vast quantity of cytron water for presents, for my part I could not gett any, Col. Codrington had bought it all up in Barbadoes. I don't doubt but their articles will prove as falce and scandalous as Mrs. Bowden's, in whose petition there was not one word of truth, as I have allready proved, and by the next packett will be certefied by the Lt. Gover. and Councill of this Island: and yet this scandalous petition was read before the Queen and Councill as was procured only to throw dyrt: my friend Col. Lillingston, who is Mr. Bowden['s] brother, I sopose had read Machiavill, both he and Codrington think if they fling dyrt enough some will stick. Signed, Daniel Parke. Endorsed, Recd. Mar. 12. Holograph. 2 pp. Enclosed,
183. i. Governor Parke to Mr. Secretary Boyle. Sept. 29, 1708. Duplicate. 2 pp.
183. ii. Lt. Governor and Council of Antigua to Governor Parke. Aug. 24, 1708. We do not know of any male- administration your Excellency has committed, etc. Duplicate. 1 p.
183. iii. Address of the Lt. Governor and Council of St. Kitts to the Queen. Oct. 31, 1708. In praise of Governor Parke, as preceding. We conceive the Articles of complaint against him will be deemed groundless. The malecontents have raised £5000 to be disposed of by Mr. Nevin, etc. Signed, Mich. Lambert, Hen. Burrell, John Garnett, Steph. Payne. 1½ pp. [C.O. 152, 42. Nos. 10, 10. i.–iii.]
Nov. 3.
184. W. Popple to W. Lowndes. Reply to Oct. 26. The Council of Trade and Plantations are informed the surgeons are in hopes the said Gilles' wife may be cured of the cancer in her breast in 3 or 4 months time. Proposes that he and his family be allowed H.M. bounty in proportion as the other Lutherans before their departure. [C.O. 5, 1121. p. 327.]
Nov 8.
185. Council of Trade and Plantations to the Queen. Representation upon Addresses from New Hampshire for a supply of arms etc. By reason of the great charges and loss of men which the inhabitants have sustained in their necessary defence against the frontier Indians, assisted by the French from Canada and Port Royal during the late and present war, we do believe they are much weaken'd, and reduced to a necessitous condition. The Province lying to the sea, and the principal settlements thereof being on the Piscataway, a large and navigable river, (among other advantages in trade) it is so well furnished with ship timber of the best sort and largest size, that it supplies masts and other materials fit for the use of your Majesty's Royal Navy; we are therefore of opinion that all due care should be taken, and fitting provision made for the security of that Province, which (in regard of the present condition of your Majesty's subjects there) will require a supply from your Majesty of such stores of war as may be proper for their defence. Col. Dudley having omitted to transmit to us a state of Ordnance Stores there (for the doing whereof circular letters have lately been sent to him, and to the other Governors in America) on this occasion we writ to the principal officers of your Majesty's Ordnance for an account of what stores of war were last issued by them for the use of New Hampshire, and when issued, who having made a return, we find that in July 1692 a supply of powder and small stores was sent thither from that Office, but it does not appear that any cannon or small arms were then sent, or that these last mentioned, or any other stores of war, have at any time since been issued for the use of that particular Province; however supplies of Ordnance stores having at several times been sent to the Massachusetts Bay (as the said Principal Officers do alledge), the Province of New Hampshire might upon any exigency have been supply'd from thence. Refer to Col. Romer's report (See Aug. 24, 1708.) We humbly offer that a further suply of ordnance stores as mentioned [Aug. 24] may be sent to New Hampshire etc., and consigned to the Governor, with a strict charge that the same be not issued but as the necessary defence of the inhabitants shall require, and that regular accounts of the expenditure and remain of all such stores be taken and transmitted hither in such manner as by his Instructions and the said circular letter is directed. Your Majesty's Fort William and Mary (first raised by Col. Romer, and near finished by him when recall'd) is the most considerable place of strength in that Province, which he then offered to have finished for £100, most of the materials being upon the spot, and he computes that the said Fort, as likewise barracks, a guardhouse, and what else is necessary, may now be finish'd for £200 sterl., amounting to about £320 currant money of that country. Wherefore, if your Majesty shall be further graciously pleased to extend your Royal bounty to that Province in granting £200 sterl. for the finishing the said works (a charge, as we are informed, too great for the inhabitants under their present circumstances) we are then humbly of the opinion that directions be sent to the Governor to exhort them to provide for a sufficient guard to be regularly kept in the said fort, and to take care that their powder-duty be duly paid in kind. It is proposed by their Agent that (1) 200 disciplined men be sent from hence to do duty in that fort; (2) that a fourth-rate man of war be appointed for the service of that Province, with orders to cruize off the Eastern coast; (3) that packet-boats be set up for the use of the Continent, in like manner as they now are for the Islands in America. But we shall forbear to to trouble your Majesty upon those matters, what we have already offered, with the ships of war usually appointed for the service of those parts, being, as we hope, sufficient for the security of that Province, and to protect the inhabitants while they are at work in the woods, especially if your Majesty's Governor of New York do take effectual care to support and encourage the Five Indian Nations subject to your Majesty, as by his Instructions he is required to do. As to the claim made by Thos. Allen to the Propriety of New Hampshire, mentioned in the other Address from that Province, that matter now depending before your Majesty in Council (upon an appeal brought by the said Allen) will be laid fully before your Majesty in a report from the Committee of Council appointed to hear the said appeal; therefore we shall not presume to offer anything therein. Annexed,
185. i. Duplicates of enclosures, Aug. 24, 1708. [C.O. 5, 913. pp. 9–20.]
Nov. 9.
186. Council of Trade and Plantations to the Earl of Sunderland. Reply to Nov. 2. We have the matters referred to by Col. Jennings under consideration, in order to our proposing remedies for prevention of such mischeifs for the future. As to Col. Parke's complaint of an illegal trade from Ireland and Barbadoes to Martinico, we refer to our letter of Oct. 26. Enclose extract of letter from Col. Jennings, relating to a murder committed in New Kent County, whereby your Lordship will perceive that the person condemn'd is a fitting object of H.M. mercy, and therefore we desire your Lordship will please to lay that matter before H.M. [C.O. 5, 1262. pp. 316, 317.]
[Nov. 9th.]
187. Some Merchants of Nevis to their Correspondent in London. Wee lay before you the prosseedings of our Councill and Assembly, that you may plainly see what sinister ways and means they take to resetle the Island again, etc. All their publique meetings has cheifly tended to make acts for puting a stop to the due currancy of the Law, without any exceptions of poor or rich, that they may have time to recrute their estates, without any regard to us here, that were fellow sufferers with them. Wee have laboured under great dificulties in oposition to their passing their Act. H.E. has a great regard for the merchants' interest boath at home and here; he will not pass any of their Acts, notwithstanding he intends to send them home without the broad seale. After they made their first Act, which the Generall would not pass, Mr. Fowler went up to Antegua with a petition to the Generall; H.E. very readily granted a Commission for houlding the Courts, notwithstanding the Councill and Assembly put a stop to [that] proseeding, and sent Mr. Bevon, Mr. Goar, Sp., and James Symonds with an Address to the Generall [for] stoping the law. This put a demur till the Generall came down [to] St. Christophers, and then wee proferd another petition, which went down by Dr. Semple; the Generall on sight of the petition promised to come up himselfe and compose matters between planters and merchants, which in two days he did. At his coming up, the Councill and Assembly mett, the Generall entered some Minnuts in the Councill Book with his own hand, that a bill should be prepared by a Commity of two of the Councill and four of the Assembly, and the [? same] number of merchants. The bill was to oblige planters to ajust with and give bond for what was justly due those that were not able to make prompt payment, a time should be allowed them, and those that were able and not willing, [the] Law should proseed against them, and that all debits contracted since our misfortune shou'd be payd. The Generall had a conference of the Councill and Assembly and merchants in the Councill Chamber, and made the above proposals, which the Councill and Speaker agreed to, but as soon as the Generall was gone, they prepared this bill. We heard Coll. Abbott and Thomas Bridgwatter and Mr. Horn was goeing down with the bill to gett the broad seale to itt; Mr. Huffam, Mr. Washington, and Dr. Semple went downe before, and acquainted the Generall with their bill and left some proposals with him, which he aproved of, and when Col. Abbot shoud the bill, the Generall altogither refused to pass any such bill, and dd. to Coll. Abbot the proposalls left with him, and signed the same, and told him he would pass no other Act, but what was agreeable to the proposalls. The publication [? is] up for holding the Courts, but it's so late in the year the Generall thinks itt conveniant to pass it over till the Spring, and then intends the Courts shall be open. In the [? meantime the] planters are using all their interest both here and in England to gett an Act past [? for put]ting a stop to the Law for some time, till they can think of some more effectuall means either to make former debts altogether voyd, or downright to defraud their creditors by private conveyances of their estates to their relations, or one to another, and they to make itt over to their children again; and all this is acted through a pretence of poverty; ther is some of them will not stand to say they are in a better condition then, before the misfortune. Wee hope you will use your uttmost endeavours that the Law may have its due currancy, and that the Courts may be open in the Spring, that we may be able to oblige them to ajust accompts, etc. Signed, Samuel Browne, Chas. Minors, [?] Geo. Meriwether, Tho. Washington, Will. Semple. Endorsed, Recd. (from Mr. Duport, Mr. Pindar, etc.) 9th, Read 9th, 22nd Nov., 1708. 2¾ pp. [C.O. 152, 7. No. 60.]
Nov. 9. 188. Copy of an Act of Nevis to oblige the inhabitants who shall refuse to settle their accounts, etc.; with proceedings relating to the opposition against passing the same; and copy of a Bill for stopping the further proceedings of the Courts of Queen's Bench, Common Pleas and Exchequer, and for establishing a Court Merchant, etc. Endorsed as preceding. 10 pp. [C.O. 152, 7. No. 61.]
Nov 10.
189. Council of Trade and Plantations to the Lords Proprietors of Carolina. Having received a complaint from Col. Jennings, that the Government of South Carolina has lately seized divers goods which the Indian traders of Virginia were carrying to the Western Indians, to the great disturbance and interruption of that trade; we have thought it convenient to acquaint your Lordships therewith, and to desire we may know whether the same has been done by vertue of any orders from your Lordships, and upon what grounds. [C.O. 5, 1292. p. 69.]