America and West Indies: December 1708, 16-31

Pages 182-193

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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December 1708, 16-31

[Dec. 16.] 249. The present state of the Tobacco Plantations, etc. Before the present war, France and Spain annually took off near 20,000 hhds. of Virginia and Maryland tobacco; but of late both those Kingdoms have been otherwise supply'd. The troubles in Sweden, Poland, Russia, etc., have prevented the usual exportations of great quantities of tobacco to those parts. Virginia and Maryland have severely felt the loss of such exportations, having so far reduc'd the Planters that for several years past the whole product of their tobacco would hardly clothe the servants that made it, notwithstanding the ready and earnest endeavours of the Lords Commissioners of Trade, etc., to prevent such mischiefs, and encourage the tobacco-trade. This hath produc'd two effects. (1) Some, in hopes of better success, have continued planting till they have run themselves so far in debt that they have been forc'd to sell part of their land and servants, to secure the rest. (2). Others, out of meer necessity, have fallen into the manufacturing of woollen, cotton, flax, leather, etc. Which they have brought to such perfection, that four whole counties, and part of several others, not only clothed themselves, but sold great quantities of the same manufactures to other neighbouring counties. These Plantations of Virginia and Maryland, in times of peace, yearly, (and in the war, in fleets) have taken off not less than the value of £300,000 sterl. in the woollen and other manufactures of this Kingdom; and, in return, send the product of their labour, tobacco; which pays annually to the Crown above £400,000 Customs, exclusive of what is drawn-back, by debenture, on exportation. Wherefore it is humbly hop'd, a general liberty, and further encouragement may speedily be given for the exporting of to bacco and all other products of the Plantations, and manufactures of Great Britain not counterband, for France, etc., to prevent the impending ruin of the Plantations, and regain the advantagious trade of sending the woollen and other manufactures of Great Britain to those Colonies, which otherwise must annually decrease. Note. The establishing of woollen and other manufactures in America will not only lessen the planting tobacco, but consequently very much diminish the revenue and navigation of this Kingdom. Endorsed, Recd. Read Dec. 16, 1708. Printed. 1 p. [C.O. 5, 1316. No. 8; and 5, 716. No. 55.]
Dec. 17. 250. Attorney General to the Council of Trade and Plantations. Report upon Act of Nevis (1704) for establishing of Courts, etc. (Cf. Aug. 24, 1708). I am of opinion that the said Act is not in all respects such as ought to be allowed of by H.M., notwithstanding there be in it very many usefull clauses; for, in the first place, tho' it be very fit to have such a number of judges as are therein constituted, and it, may be convenient that they should be appointed by the C. in C. of the Leward Islands, yet it will be certainly better for the Crown to have it still in their power to direct how they shall be commissionated from time to time; For H.M., who is the Fountain of Justice, ought alwayes to have it in her power to appoint who shall be judges; and tho for her ease she often delegates that power to her Governors in Chief, yet it may not be convenient to have that power annexed to the office of C. in C. by an Act of Assembly, especially when the Act gives the judges as ample powers and jurisdictions as the judges in Westminster Hall have in their respective Courts in England, without reserving liberty of appeal to H.M. here in England. In the next place it is in my opinion not fitting to fix the Courts to be holden at any one particular place; for tho Charles Town be the most convenient place at present for such Assemblies to be holden at, yet it may be visited with a plague, or may be in the possession of enemies or rebells; and tho' it's said the power of adjourning the said Courts shall be discretionary in the judges, yet it may be questioned hereafter whether it be left to their discretions to appoint another place for holding the Courts by adjournment, it not being said in the Act that they may adjourn to such other places as they shall think fitt. Thirdly, 'tis enacted that all actions shall be enter'd in the Secretarye's Office 10 dayes before the holding such respective Courts, and the Plaintiff must give the Deft., or his Attorney copyes of his charge within 3 dayes after the entring dayes are over, when perhaps the Deft. has not appeared, and is not to be mett with. Fourthly, the summons for to compell Defts. to appear is to be issued forth by the judges before whom there is no cause depending; for the actions are to be enter'd in the Secretarye's Office, and from thence the summons ought to issue and be made returnable before the judges as our originall writs are, which are taken out of Chancery and made returnable in the Queen's Bench or Common Pleas. Fifthly, it sayes the Deft. or his Attorney must be summoned full six dayes before the sitting of the Court, and served at the same time with a copy of the Plaintiff's declaration, which restrains the serving process within the compass of 3 dayes, for the copyes of the charge must not be delivered till after the entring dayes are over, and the entring dayes continue till within 10 dayes of the charge must not be delivered till after the entring dayes served, and the copy of the declaration must be delivered six dayes before the sitting of the Courts, there cannot be more than three or four dayes for finding out the Deft. But to ease this difficulty 'tis enacted, sixthly, that leaving a note at the usuall abode of the Deft. shall be as effective as a personall summons; and if a Deft. be absent from ye Island, having made no Attorney, his effects in the Island shall be as lyable to the Plaintiff's suit as if the Deft. had appeared, that may be hard on the Defts., since their effects can't make the defence that might be made by the party himselfe. Seventhly, 'tis enacted that issues shall be tryed the same Court they are pleaded, which may be very inconvenient to both partyes, for perhaps neither of their wittnesses may at that time be forthcoming. Eighthly, it requires the appraisors, that appraize goods upon an execution, to be sworne by the Judge that signed the execution, or in his absence by the next to him in Commission, wch. restrains the giving such oathes to two Judges, whereas the officer, that is entrusted with the execution, may administer such an oath as well as any judge. Ninethly, 'tis enacted that all ffees belonging to any officer of any of ye Courts are to be levyed by attachmt. to be signed by ye first judge on ye Bench without any other suit, woh. may encourage ye officers to exact ffees of ye suitors; therefore upon ye whole I am of opinion that this Act ought not to be established one of ye Laws of ye said Island. Signed, Ja. Mountague. Endorsed, Recd. Read Dec. 20, 1708. 4 pp. [C.O. 152, 8. No. 2; and 153, 10. pp. 250–254.]
Dec 17.
251. Council of Trade and Plantations to the Earl of Sunderland. Recommend Mr. Christopher Rhodes for the office of Secretary of one of the Plantations when a vacancy occurs, he, being a person of good capacity and integrity, having given a general satisfaction as Secretary to the Nevis Commission, and having been bred up in business etc. [C.O. 389, 36. pp. 372, 373.]
Dec. 18.
New York.
252. Governor Lord Lovelace to the Council of Trade and Plantations. I do myselfe the honour to acquaint your Lordships that I very happily arrived here this morning, having been 9 weeks and odd days in my passage, the Kingsale in which I came, being separated from the fleet, got into Buzard's Bay in New England, and getting pilots there, gained our passage through the Sound between Long Island and the Main, and landed at Flushing. I do not yet hear of the arrivall of any other ship of our fleet, except the Unity, which struck on the Bank at Sandy Hook. She was left by all her seamen, but has since got off, and is gone to sea again. Wee have not since heard of her, but hope she is safe, having two good pilots from hence on board. Our winter sets in very hard, ye ports and rivers are full of ice. I am in pain for the Germans and recruits on board the Globe, they wanting water, and the weather not permitting us to assist them. This coast is so terrible in the winter, I think no ship ought to be sent hither from England after August at farthest. Our poor seamen were so benummed with cold, that at last wee had but 25 men fitt to do any duty, and had not the soldiers which wee had on board assisted, the ship had been in great danger. I shall take care to send the dispatches I have for the severall Governours on the Continent, and to conforme myselfe to the severall Instructions I have received from your Lordships. Signed, Lovelace. Endorsed, Recd. 2nd, Read 4th April, 1709. 2 pp. [C.O. 5, 1049. No. 101; and 5, 1121. pp. 365, 366.]
Dec. 18.
253. Mr. Popple to Mr. Burchett. Encloses extract from Col. Jenings' letter, Sept. 20. The Council of Trade and Plantations desire to be informed whether any guard ship is appointed for that service. Encloses extract from Governor Seymour's letter, complaining of his not having timely notice of the sailing of Commodore Huntingdon. As this may tend very much to the prejudice of the Maryland trade, should it be continued, I am to desire you would lay the said extract before the Lord High Admiral. [C.O. 5, 1362. p. 326.]
Dec. 18.
Admiralty. Office.
254. Mr. Burchett to Mr. Popple. Reply to preceding. The Guardland is appointed a guardshipp for Virginia, and will proceed on her voyage soe soon as the Trade is ready. I will enquire into the matter of Col. Seymour's complaint. Signed, J. Burchett. Endorsed, Recd. Read Dec. 20, 1708. Addressed. 1 p. [C.O. 5, 1316. No. 10; and 5, 1362. p. 327.]
Dec. 18.
255. Mr. Dummer to Mr. Popple. The Antego packett boate, which sailed Nov. 13th from Bristoll, had the misfortune on the 9th day following, 45 leagues N.W. of the Norward Cape, to meet with a French privateer etc., and was brought to St. Mallo, soe that all those dispatches which shee carryed outward were put overbord and lost. Signed, E. Dummer. Endorsed, Recd. 18th Dec., 1708. Holograph. Addressed. Postmark. 1 p. [C.O. 323, 6. No. 73.]
Dec 18.
256. W. Popple to William Penn. The Council of Trade and Plantations having long expected to be informed of what determination you and the Lord Baltemore should come to in relation to the boundaries between Pensylvania and Maryland, and not having received any such account from either of you, they have commanded me to acquaint you that they shall be obliged to represent the matter as it now lyes before them, unless you have some good reason to the contrary. Mem. The Lord Baltemore was spoke to by the Secretary to the same purpose. [C.O. 5, 1292. p. 71.]
Dec. 18. 257. Same to [John] Lloyd. The Council of Trade and Plantations command me to remind you of the promise you made them, July 6th, to give them a particular information of the trade you then mentioned to be carryed on between Carolina and Portugal, this their Lordships desire you would do as soon as possibly you can. [C.O. 5, 1292. p. 71.]
Dec. 20.
258. Council of Trade and Plantations to the Queen. Propose Philip Lynes, Thomas Addison, John Hall and William Whittington to be of the Council of Maryland, they having been recommended by the Governor and by Col. Blakiston. [C.O. 5, 727. pp. 108, 109.]
Dec. 21. 259. Account of the taking of St. Johns, Newfoundland, by the French upon this day. See Dec. 3, 1709.
Dec. 21.
260. Lt. Governor Usher to the Council of Trade and Plantations. Since mine in June lastt H.E. haveing recd. accott. of a body of French and Indians design'd from Canada to assault our frontiers, in Augtt. lastt was pleased to give me orders forthwith to repaire into Govermt. of N. Hampshire, to take care thereof. Upon my there ariveall, found people very secure and remiss. I sentt for Malitia Officers, enformed myselfe of true state of places, forthwith gave outt orders for due scoutting and strict watching and warding. After had bin there some time, haveing setled all matters, with H E.'s leave return'd to Boston, gave H.E. accott. of my procedeings, copy inclosed. For me to goe into the Province in time of greatestt hazard of my life by the enemy: expecting hourly to be attacked, to bare all my own charges and nott allowed one peny, and for the Treasuror to pay £20 for one Pickerin goeing to Boston to vissitt an Agentt, sentt by Assembly (George Vaughan) and nott by Governor and Councill, leave itt wth. yor. Ldships. the respectt they have for Queen's comistion. I judge your Ldships. have a full acct. from H.E. of the attack by French and Indian enemys, whoe mett with a repuls, and loss of severall men, since wch. have butt litle mischeife done. In mine June lastt gave accott. of about £488 pd. by the Treasuror for one George Vaughan for Agency, when in truth nott sentt by Governor and Councill, if he be an Agentt, wish he may shew his authority as soe, and give your Ldships. the Adress to the Queen, in wch. is onely setting forth there mindes relateing to the controversy betwene Mr. Allen and Walderen. I hope directions may be given yt. mony be nott raised of H.M. subjects for maintaining law suites under notion of Agency: for noe Agentts ever sentt, butt when case of Allen and Walderen by apeal wentt for Engd. H.E. is pleased to communicatt nothing to me from your board, haveing recd, noe lines from same, have nothing further to ad, salveing our country being on defencive partt are att greatt expence, while other Governmtts. sitt att ease, wish H.M. apointt a Vice-Roy over all thatt all Govermtts. may putt theire helping hand agtt. the publick enemy, and in case H.M. will be pleased to send and take Portt Royall and St. Jno's, will be of great service to H.M. Kingdom in promoteing of fishery, and the cole mines; there incomes thereof will contribute greatly for suportt. Signed, John Usher. Endorsed, Recd. 26th, Read 28th March, 1709. Holograph. 1 p. Enclosed,
260. i. Lt. Governor Usher to Governor Dudley. Aug. 30, 1708. Yours 15th recd. att 9 a.m. to repaire into ye Province, forthwith wentt and ytt. nightt did gett to Hampton and sentt for Councill to sett. 16th Councill mett. I dispatched what was proper, and pressed a sloope to make discovery of aproache enemy by sea. Being in the Province enformed Major Smith had your commistion for Justice of Peace, Councill refuseing to give him the oaths, I sentt for him and gave his oaths in Councill. I thinck wrong in them in refuseing, find they are of a levelling spiritt. I gave accott. of Major Walton's neglectt of his duty, and contemptt both in words and actions. I confined him till your further order, and leftt the charge of fourtt with Lt. Atkinson. As to Capt. Puttman with his souldiors from Musathusetts posted att Portsmoth, in case of an attack by ye enemy in any place, ytt he forthwith march to there releife. Alsoe gave orders to Col. Hilton in case of an attack, ytt. he marched with rest of Massathusett souldiors forthwith to there releife. As to Malitia of Province, had Col. Hilton, Major Smith, Capt. Phips and Capt. Coffin to consider of state of province and whatt to doe in this juncture of time. Advized to have a scoutt of 30 or 40 men for 3 days outt and every town doe there partt accordingly, and for Capt. Coffin's troope, one halfe to be on constantt duty. According gave orders. Garisons in Hampton within the line of Province refuseing to doe there duty as warding and watching, gave orders to yeild obedience and doe there duty, and Capt. Green to take care thereof. I am sorry mustt say all places secure as if in Boston, neither watching nor warding when I came there. I wentt to Kittery, in case of an attack by sea upon the fourtt, to know whatt assistance from them mightt exspectt. Answered, none, they had noe orders, judge may nott be amiss to give orders. I laid an imbargoe on all vessells to secure men for the ffourtt, ytt. lasted nott 10 days, when I came away, ordered in the morning all souldiors to apear, and apeared butt nine. For fear of an attack by sea, I did take my lodgings in the fourtt, gave directions to Treasuror provide all things necessary, butt the lodgings worse then my negroes, noe provistions laid in for me, and recd. nott 1d. towards my exspence and charge, though £20 could be pd. outt of Treasury for one Pickerin to Boston. Haveing your leave to return to my family, called the Councill to know if had anything to offer for H.M. service. Answered, noe. Soe took my leave, etc. Signed, John Usher. Holograph. 1 p. [C.O. 5, 865. Nos. 13, 14; and (without enclosure) 5, 913. pp. 61–63.]
Dec 21.
261. Mr. Popple to Mr. Perry. Refers to letters of Dec. 18. H.M.S. Guardland is appointed, etc. The Council of Trade and Plantations have commanded me to signify the same to the merchants trading to Virginia, and to desire that they will let them know when the ships designed to go with the said convoy will be ready to sail. If the said merchants shall judge it necessary to have a briganteen as is proposed by Col. Jenings, it will be proper that they make application to the Lord High Admirall, etc. [C.O. 5, 1362. pp. 328, 329.]
Dec. 22. 262. [—?] to Thomas Hopkins. Prays for a respite in the hearing of Mr. Skene's case, referred back to the Council of Trade Sept. 20., etc. Addressed. 1 p. [C.O. 28, 38. No. 75.]
Dec. 23. 263. Masters of ships to the Council of Trade and Plantations. Mr. Skeen, Secretary of Barbados, was never guilty of extortion, etc., such as he is charged with. 12 signatures. Endorsed, Recd. Dec. 23, Read Jan. 3, 1708(9). 1 p. Enclosed,
263. i. Certificate by 3 of the above-mentioned masters. Mr. Skeen acted in accordance with custom and did not exact exorbitant fees, etc. Dec. 23, 1708. 1 p. [C.O. 28, 11. Nos. 44, 44.i.]
Dec. 23.
264. Council of Trade and Plantations to the Queen. Report on Act of Nevis for establishing Courts, etc. (1704). Quote some of the objections advanced by the Attorney General, Dec. 17. Add:—Tho' it may be usefull and necessary to have Acts in the Plantations for regulating the proceedings of Courts, yet we look upon many of the regulations mentioned in this Act to be improper. For it provides that a summons fixed up at the Court House door shall be sufficient in the absence of the Defendant, and where he hath no Attorney, tho' such Defendant be a freeholder, whereas the summons ought in reason to be served on his freehold, whereby he may have due notice of the service. By this Law judgements may be given against absent persons on such summons so affix'd; and the Court is without jury to ascertain damages, and the Plaintiff to give security to refund, if in two years the defendant makes appear less is due than is allowed, without any regard to the defendant's being an infant, or madd, in prison, or out of the Island. The Provost Mashal is inabled on executions to sell inheritances, if the defendant has no goods, this is different from the Law of this Kingdom, which only allows the Plaintiff to hold the lands under an extent, till the debt be satisfy'd; besides the sale is made good against the Defendant, and all persons claiming by and from or under him, which will void the Defendant's acts precedent to the judgement, such judgement not being restrained to subsequent claims. This Act further provides that in all cases after the verdict the Defendant shall be barr'd from moving in arrest of judgement; which seems unreasonable: for it may be that no action at law lyes for the matter mentioned in the Plaintiff's declaration, or the words not actionable, and yet the Plaintiff having a verdict by this law must have execution. That all extraordinary contempts of jurymen and talesmen are to be punished by the judges by fine: what contempts are meant doth not appear by the Act. It may be taken to be a contempt for not finding a verdict according to the direction of the Court, for which by law they are not to be fined. If a bill of exchange be returned protested, the drawer is to pay to the person for whose use the same was drawn £10 damage, with £10 interest, and an allowance for exchange; this is a matter different from the title of the bill, nor is it reasonable in itself, the allowance of damage and interest being the same in all cases, be the summ in the bill greater or lesser. There is likewise erected by this law a perpetual Court Merchant, which is impowered to hear and determine without a jury, according to law, equity and good conscience, all causes between transcient persons not exceeding the value of £100 current money; this power is arbitrary and uncertain, whether the judges are to act according to law or equity, and is not therefore fit to be allowed. There are objections to several other clauses, etc. In case your Majesty shall think fit to disallow the said Act, we do then propose that your Majesty's Royal pleasure be signifyed to your Governor there, to recommend to the Assembly the passing of another Law for the establishing of Courts and settling due methods for the administration of Justice in Nevis, and in like manner to the Assemblys of the other Leeward Islands; which Acts may not be lyable to these or any other objections. And till such a law shall be past by the Legislature there, we beg leave to inform your Majesty that the course of Justice may go on, for your Majesty by your Commission to your Governor there, hath impowered him to erect Courts and name judges and other officers for the due administration of Justice.
We further humbly represent that at a General Assembly of all your Majesty's Leeward Islands held at Nevis, 1705, an Act was past for establishing Courts etc., the purport of which is only to make an Act past at Antego Feb. 8, 170¾ to be in force throughout all the Leeward Islands. And whereas that Act of Antego did contain clauses to the same purpose as those aforementioned, your Majesty did think fit, Dec. 13, 1705, to repeal it, and therefore we humbly offer that the Act of Nevis, 1705, be likewise repealed. [C.O. 153, 10. pp. 255–260.]
Dec. 27. 265. Sir T. Laurence to the Council of Trade and Plantations. Refers to Governor Seymour's letter of Sept. 7, 1708. I have not overrated the receipts from the ordinary licences, as is pretended. £150 per annum at least hath been taken away from me and the Secretary's Office for five years. etc. Details given. Signed, Thomas Laurence. Endorsed, Recd. Read Jan. 3, 1708/9. Holograph. 3 pp. Enclosed,
265. i. A computation of the value of the ordinary licences in Maryland, Oct. 1703—1707. Total, 193600lb. tobacco at 5/s. the hundred. Estimated total loss to Sir T.L. =£1167. 18. 1. Signed and endorsed as preceding. Holograph. 3 pp. [C.O. 5, 716. Nos. 57, 57.i.]
Dec. 27.
Boston, New England.
266. Governor Dudley to the Council of Trade and Plantations. This morning the post from New York brought us the good news of my Lord Lovelace's arrival, and my packet from their Lordships, and a single ship being now under sayle, I thought it my duty to acquaint you that I have them safe, etc., and perticularly that if there be any necessity of seeing the present state of the fortifications here, they have been carefully sent every half year to the Board of Ordnance, and will come again by the Mast fleet, there being no other safe conveyances but that, once a year. etc. P.S. I think it is now four year since I returned Major Smith's name with others for Councellors of New Hampshire etc. There is one thing happened ill to him last year, he was accused of a bastard child by a young woman, and by the Sessions was ordered to mayntayn the child, tho' he alwayes denyed the matter and is by many judged innocent, however I thought it my duty thus to acquaint you of it, his service will be very acceptable to mee, etc. Signed, J. Dudley. Endorsed, Recd. May 23, Read Dec. 8, 1709. Holograph. 2 pp. [C.O. 5, 865. No. 19; and 5, 913. pp. 80–82.]
Dec. 30.
St. James's.
267. Order of Queen in Council. Upon Representation of Dec. 3 (q.v.), Governor Crowe is to return answer to the complaints against him, with depositions on either side etc. Set out, Acts of Privy Council, II. pp. 575, 576. Signed, Edward Southwell. Endorsed, Recd. 9th, Read Feb. 15th, 1708/9. 2 pp. [C.O. 28, 12. No. 8; and 29, 11. pp. 400–402.]
Dec. 30.
St. Nicholas Lane.
268. John Lloyd to W. Popple. Reply to Dec. 18, etc. I wrote to a particular friend, but he is unwilling to give any information. All that I can learne is, that 3 ships loaded att Carolina and took oute cleareings for Rhode Island, from whence they gott certificates to cleare their bonds att Carolina, and thence reloaded their ships, the masters names are Samuell Jones, Thomas Thatcher, and one—Pitts, all New England men. I have a ship lately arrived from Carolina, now att Portsmouth, when the master comes for London, if I can learne anything farther, shall waite on their Honours. Presume one way to stop this trade wou'd be to give power to our Consuls abroad strictly to examine all ships from H.M. Plantations, that shall be loaded with fish, whether part of their cargoe be nott rice, logwood, pitch or tarr, which are often imported in those parts. As for Rhode Island, 'tis a place where all roguerys are committed, and greate quantitys of goods from Portugall are landed there, and so convey'd to severall parts. Signed, John Lloyd. Endorsed, Recd. 1st, Read 3rd Jan., 1708/9 Addressed. 1 p. [C O. 5, 1264. No. 53; and 5, 1292. p. 72.]
Dec. 30.
St. James's.
269. Order of Queen in Council. Repealing Act of Nevis for establishing Courts, and Act of Leeward Islands for establishing Courts. (Cf. Dec. 23.) Signed, Chris. Musgrave. Endorsed, Recd. Read Jan. 13, 1708/9. 2¼ pp. [C.O. 152, 8. No. 3; and 153, 10. pp. 261, 262.]
Dec. 30.
St. James's.
270. Order of Queen in Council. Referring following to the Council of Trade and Plantations for their report. Signed, Chris. Musgrave. Endorsed, Recd. 5th, Read 7th Jan., 1708/9. 1¼ pp. Enclosed,
270. i. Petition of Merchants and Commanders of shipps tradeing to and liveing on the Continent of North America and on the Island of Jamaica, and the distressed inhabitants of the Bahama Islands, to the Queen. Pray H.M. to take the Bahamas under her protection and government, and to fortify the harbour of New Providence, for securing petitioners' trade in their passage through the said Islands and the Gulph of Florida. It is threatened to be settled by the Spaniards etc. Set out, Acts of Privy Council, II. p. 550. 91 signatures. Copy. 5 pp. [C.O. 5, 1264. Nos. 54, 54.i.; and 5, 1292. pp. 75–81.]
Dec. 30.
St. James's.
271. Order of Queen in Council. Approving Major Edward Tynt as Governor of Carolina. The Council of Trade and Plantations are to take care that he give good security to observe the Acts of Trade and obey H.M. Instructions, etc. Signed, Chris. Musgrave. Endorsed, Recd. Read Jan. 7, 1708/9. 1 p. [C.O. 5, 1264. No. 55; and 5, 1292. pp. 82, 83.]
Dec. 30.
St. James's.
272. Order of Queen in Council. Referring following to the Council of Trade and Plantations for their report. Signed, Chris. Musgrave. Endorsed, Recd. 5th, Read 7th Jan., 1708/9. 1 p. Enclosed,
272. i. Petition of Thomas Pilgrim to the Queen. Prays to be restored to his estate in Barbados, which he bought of Mrs. Butler Chamberlain, and which Governor Crowe has violently seized, without any form of Law, etc. 1 p.
272. ii. Case of Thomas Pilgrim. 2 pp. [C.O. 28, 11. Nos. 45, 45.i.,ii.; and (without enclosures) 29, 11. pp. 367–369.]
Dec. 30.
St. James's.
273. Order of Queen in Council. Col. John Frere is appointed to the Council of Barbados, in place of Col. Richard Scot, dismissed. Cf. Dec. 14. Signed, John Povey. Endorsed, Recd. 15th, Read 17th Jan., 1708/9. 1½ pp. [C.O. 28, 11. No. 46; and 29, 11. pp. 371, 372.]
[? 1708.] 274. Address of the Assembly of Barbados to the Queen. [Cf. Jan 26, 1708.] Whereas an Act was sometime since passed in this Island for allowing £500 per annum to H.M. Governour to supply the inconveniencies and defects of the habitation provided for Sir B. Granville, which your Majesty hath been pleased to repeale, we humbly represent that we were induced to pass the said law for the following reasons; (1) to show all possible regard for H.M. Governours; (2) that all former Governors had, besides convenient houses, a considerable quantity of land found them, which Sir B. Granville declined for greater advantage; (3) that the house of Pilgrim, built by Sir B. Granville at the great expence of the Island, has only about 19 acres of land belonging to it, whereas less than 150 acres is not sufficient for the convenient support of such a ffamily as your Majesty's Governours must necessarily have; (4) that the nature of this Island is such, and differs so much from the way and manner of liveing in England, that it is almost impossible to subsist a large ffamily with any conveniency without a proportionable quantity of land near the dwelling-house, and where it is done without such a conveniency, the expence is above four times as much as in England. Pray H.M. licence to settle £380 for the purpose aforesaid, which, with £120 rent now paid for Pilgrim's house, was the sum allowed to former Governours. Signed, Richd. Downes, Speaker, Tho. Maxwell, Tho. Beckles, Wm. Leslie, Edmund Sutton, James Vaughan, Tho. Maycock, Wm. Grant, Wm. Roberts, Thomas Neale, Hen. Peers, Rob. Yeamans, Will. Terrill, John Bowman, Richd. Sandiford. 1 p. [C.O. 28, 38. No. 69.]
[? 1708.] 275. Instructions concerning Prizes by the Governor [? of Barbados]. [C.O. 319, 1. pp. 33. ff.]
1700, 1708. 276. Laws of Barbados. [319, 1. pp. 201–240.]
[1708 ff.] 277. Shipping returns and List of negroes imported Barbados, 1708–1726. [C.O. 33, 15.]
[1708 ff.] 278. Abstracts of Letters from Governors of Jamaica, 1708—1719. [C.O. 137, 41.]
[? 1708–9.] 279. Report [? of a Committee of Assembly of Jamaica to the Governor of Jamaica] upon the petitions of Nicholas Gualtier and Thomas Abell Bassett. In Jan., 1708 Mr. Gualtier on hoard the brigantine St. Nicholas was taken by H.M.S. Roebuck, which was condemned at Port Royal, about which an appeal is now depending. He appears to be a Frenchman and in the interest of the French King and has abused the trust reposed in him by the States General, and ought therefore to be sent to Great Britain, and not to be allowed to go to Curacoa according to his petition. With respect to Mr. Bassett, we know nothing except his commanding this snow, etc., and think he may be a naturalised subject of Holland, and be allowed to go where he desires etc. 2½ pp. [C.O. 137, 51. No. 7.]