America and West Indies: June 1709, 11-20

Pages 343-370

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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June 1709, 11-20

June 11.
570. Mr. Pringle to Mr. Popple. Encloses following. Signed, Ro. Pringle. Endorsed, Recd. 13th, Read 15th June, 1709, 1 p. Enclosed,
570. i. The Earl of Sunderland to the Council of Trade and Plantations. Whitehall. June 11. You are to discourse with my Lord Chamberlain's Agents and report upon the following proposal with all the despatch possible. Signed, Sunderland. 1 p.
570. ii. Proposal by the Marquis of Kent, Lord Chamberlain, to allot lands in Herefordshire and Gloucestershire to the German Protestant Refugees. 1¼ pp. [C.O. 388, 76, Nos. 66, i., ii.; and 389, 36. pp. 423–426.]
June 13.
571. Col. Jenings to the Council of Trade and Plantations. I have but just time to acknowledge the honour of diverse letters from your Lordps. by the convoy wch. arrived within the Caps last night, not one ship of the Fleet missing. I have called a Council for advising of your Lordps.' commands, but beg your Lordps. will excuse me that I cannot have one so suddenly as to be able to return your Lordships a particular answer by the ships now bound out; they chiefly belong to Maryland, and will not stay, tho' I have written to, and daily expect the homeward bound men of war from New York to take them and some others of this Colony under convoy. Refers to letter of March 22 relating to fitting out a briganteen. That preparation has been very usefull in frighting the enemy from attempting anything within our Capes; tho' they have done much dammage on both sides of us, by plundering the Horekills, a town on the mouth of Delaware, and the inhabitants of Corrotuck in North Carolina, and they have owned to some of their prisoners that they would have done the like to Virginia, but that they found us on our guard. Since there's a guard ship now arrived, I shall ease H.M. Revenues by discharging the briganteen, and by the next opportunity send your Lordps. an account of the charge thereof. I hope in a few days to have the honour of writing to your Lordps. more fully by the men of war from New York if I can prevail with them to stay any time; but am afraid they will not, having on board my Lady Lovelace and her family, who on the unfortunate death of my Lord (a Gentleman very much lamented) is returning home and will no doubt be impatient to be in England. Signed, E. Jenings. Endorsed, Recd. Aug. 30, Read Sept. 5, 1709. 2 pp. [C.O. 5, 1316. No. 32: and 5, 1362. pp. 413, 414.]
June 14.
St. James's.
572. Copy of H.M. Warrant for payment of £40 a day for support of 2000 more German Protestant Refugees, in addition to the £40 already granted (June 4). Countersigned, Godolphin. Endorsed, Recd. Read June 23, 1709. 2 pp. [C.O. 388, 76. No. 78.]
June 14.
573. Governor Handasyd to the Council of Trade and Plantations. Acknowledges letters of Feb. 24, March 10, July 13, Aug. 4, 13, 23, Nov. 25 and Dec. 15, H.M. additional Instructions, and two Privy Seals, one for Col. Mumbee, the other for Cap. Peeke to be of the Councill. As to what you mention about the six cruisers, I mean six nimble ships from 40 to 50 guns for convoys to our trade to the Spanish coast, and to prevent the French bringing any merchantable goods to dispose of to the Spaniards, by which means it will enrich the British subjects, and destroy the interest of the French As to the giving an exact account of prizes, I have always given the best I could learn, being no way interested in them. I have consulted the Planters and Factors about the number of negroes the Island will have occasion for yearly, but cannot find any that can make a true estimate of the matter, it being uncertain what improvements are yearly made of land, or what negroes may die, or run into the woods and mountains from their masters. As to the oath of office, all patentees that come into these parts take the oaths the Law requires. As to the Flaggs of Truce from the Spaniards, it is still my opinion they only come as spys, to know what ships are out a cruizing, and what are in port, tho' all possible care is taken to prevent it, for the Spanish prisoners are constantly sent home by our sloops that go daily to the Spanish coast, and our prisoners brought from them by the same vessells, so that they have no occasion to come upon any other score than as spys. Your Lops. say you do not doubt but I know where to make application for the mony I have disbursed for private intelligence. It has been my misfortune these 38 years never to have much time to make application to Court, and that is the reason I am so much a stranger where to apply myself now in this affair, unless to your Lops. or the Secretary of State, whom I look upon as partrons to all Governors, and therefore must begg your Lops.' favour in assisting my agent there on this behalf. I find that one of the persons I had intelligence from has been clapt up betwixt 5 and six months upon suspicion, and likewise two others have been in prison these 18 months at Petit Guavas upon the same account, tho' I had no correspondence with them. So that that expence will now be at an end, which if the war continues will be very uneasy for the gentleman that relieves. The fourth instant was brought in here by a Jamaica privateer a Spanish brigantine loaden with corn and earthen ware of a small value. I send your Lops. herewith enclosed a list of the escheats found for the Queen this Grand Court, with the value of them, most of which are only land that has lain, unmanured for these 30 or 40 years, and pays no quitt rent to H.M., which if she is pleased shall be disposed of, may be of service to severall familys lately come from St. Christophers and the other Windward Islands, where they have been forced by the enemy to leave their places of abode, to settle in Jamaica, and therefore I desire your Lops.' speedy answer herein. Being informed that there was a quantity of ambergreese taken up at Withywood of about 20lb. weight, 10lb. of which being exposed to sale, and it plainly appearing to me that it was taken up within the ebbing and flowing of the water, I caused it to be seized by the navall officer on behalf of the Queen, and ordered the prosecution of the person, who had the other half, as the Law directs; but finding that it would go in the Grand Court against the Queen, as everything does where there is the least shadow to take hold of, I ordered the Attorney Generall and Col. Brodrick to demand a speciall verdict, which was possitively refused, and which in my opinion is contrary to the known Laws of England. I therefore send your Lops. here enclosed the papers relating to it, and desire they may be laid before H.M. Attorney General and what other Gentlemen of the Law your Lops. think fitt, to know if H.M. has had justice done her, and what methods are to be further used about it. The 10lb. that was seized by the Navall Officer I have ordered him to return to the person from whom he had it, that I may be at no further expence in the matter, having fee'd the Lawyers out of my own pockett, who would do nothing without ready mony, and there is no allowance for it out of the Treasury, Signed, Tho. Handasyd. Endorsed, Recd. Aug. 6, Read Nov. 11, 1709. 5. pp. Enclosed,
573. i. List of escheats found for the Queen at the Grand Court in Jamaica, 1709. 5 lots of land and some negroes. Same endorsement. 1 p.
573. ii. Deposition of A. Nowlan. He purchased 20lb. of ambergrease, thinking it to be pitch for his canoe, from James Litchell who keeps a storehouse belonging to Humphrey Mumby, William Kingston and John Hutchinson. At a horse-race at Salt Savanna his brother in law, James Davis, shewed it to Dr. Trapham who assured him it was very good ambergrease. To avoid a law suit, he shared it with Mumby. His half was seized by William Norris, H.M. Naval Officer. See supra. Signed, Arthur Nowlan. Same endorsement. 1 p. [C.O. 137, 8. Nos. 66, i., ii.; and (without enclosures) 138, 13. pp. 40–46.]
June 15.
574. Council of Trade and Plantations to the Earl of Sunderland. Reply to June 11. We have discoursed with the Lord Chamberlain's Agent, who hopes to make his proposal compleat in a week or ten days time, etc. [C.O. 389, 36. p. 427.]
[June 16.] 575. List of persons concerned in Capt. Breholt's intended expedition to Madagascar. See June 2 supra. The Earl of Morton, Hon. Charles Egerton, Sir John Bennett, Sir David Nairne, Sir James Gray, Paul Jodrell, the Earl of Carlisle, etc. etc. Endorsed, Recd. Read June 16. 1 p. [C.O. 323, 6. No. 78.]
June 16.
St. James's.
576. Order of Queen in Council. Mathew Newnam's fine is remitted etc. as proposed in Representation of July 15, 1708. v. A.P.C., II. No. 1097. Signed, John Povey. Endorsed, Recd. 5th, Read 10th Nov. 1709. 1¼ pp. [C.O. 37, 9. No. 2; and 38, 6. pp. 473, 474.]
June 16.
577. G. Newport to Mr. Popple. I was one of those who signed an Address to Governor Crowe protesting against the Address of the Assembly requesting him not to restore the 3 Councillors as directed by H.M. A few days later I justified my action when challenged by Col. Maycock. Six or seven days later I was summoned to appear before Joseph Brown to give an account of some words spoken by Col. Maycock to me, which reflected upon the honour and justice of H.M. I went and gave my depostiton of May 23, 1709, by which you'l perceive that the words that gave offence are Col. Maycock's saying the Queen was surprised or spiritted into the Order for restoring the Councellors. On June 1 H.E. issued an order to a cooper, one Mr. Conningham, and at present a J.P. too, commanding him to summon before him Col. Hallet, Col. Terril, Mr. Roberts, Mr. Townsend, and two Jews, and to take their depositions relating to may aforesaid discourse with Col. Maycock. I was not allowed to cross-examine them, but they could not give any tolerable account of the affair, or tell one single word of what I said in answer to Col. Maycock. All the time Col. Maycock was whispering the Justice and the deponents, and had free liberty to ask what he pleased. This proceeded from the awe that Col. Maycock has over the Justice, who is but a poor cooper, and Col. Maycock is Treasurer, and, (which is the greatest post that ever was in the Island) Commissioner for paying of Bank-notes; he is Chief Judge of the Court of Common Pleas and Col. of the Regiment, and Commander of the Forts and matrosses in the division where he lives and consequently cannot but be Assembly-man for the parish, and bring in such of his creatures as he pleases. etc. Signed, G. Newport. Endorsed, Recd. 5th, Read 15th Aug. 1709. 3¼ pp. Enclosed,
577. i. Deposition of George Newport, as to his interview with Col. Maycock, as supra. May 3, 1709. 1 p. [C.O. 28, 12. Nos. 38, 38.i.; and (without enclosure) 29, 12. pp. 6–12.]
June 16.
Perth Amboy.
578. Col. Ingoldesby to the Council of Trade and Plantations. Refers to former letters. I have not been favored with one line in answer. I presume [your] Lordshipps may already have received notice of the death of my Lord Lovelace, and from his Lady the minutes of all that passed either in Councill or Ass[embly], with other publique transactions dureing his Government, since the Secretary hath ass [ured] me that as to what relates to his office and duty, he hath delivered two coppys to her Lordsp. [sic] [to] be transmitted home. Togeather with this your Lordships will receive an accompt of what passed in both Governments of New York and New Jersey, since [I have] had the administration thereof, and hope nothing will be found wanting that your L [ordships] expect to have returned by me, although I cannot but acquaint your Lordships that [the] multiplicity of business ocationed by my Lord Lovelace's coming into the Government, [so suddain] death, and the arivall of Col. Nicholson and Col. Vetch with H.M. commands to call the Assembly in each Province, and to give them all possible assistance in that great and glorious designe hath rendred it very difficult to comply with H.M. instructions soe [punctually] as I might otherwise have done, and may excuse me to your Lordships in case there shou'd happen to be anything omitted. The present state of the Governmt. your Lordships will be fully acquainted with by the papers you will receive with this letter, and your wisdomes will discerne the unhappy causes of the non-complyance of the Province of New Jersey with H.M. commands in the supplying the expected Quotas of men and monery for the reduction of Canada to procede partly from the admision of Quakers into the Assembly and Governmt., and partly from the factious and turbulent spirit of some other persons in this Government, and is a full confirmation of all that hath formerly been wrot to your Lordships on that head, although your Lordships have all the voates of the Assembly and proceedings in Councill before you, yet I cannot omit mentioning two or three of them [as] a sufficient demonstration of the truth of my assertion. May 31. p.m.: Motion being made, and the question being putt whither this house would detach men for the present expedition, it passed in the negative. June 3, 1709; Resolved the following words [in] the Address to Col. Nicholson, vizt, that his honnor would obleige our Province and nation by taking on him the supreame command of the forces employed against [Canada] by land, this House takes to signifie none but such as volluntarily doe list themselves under his command. June 9: The engrossed bill for the raiseing of £3000 for H.M. service was read the third time, and uppon question put, was rejected. Mr. Gardner, on behalfe of the People called Quakers that were members of this house, desired that the following entry might be made, vizt., the Members of this [house] being of the people called Quakers, have always been and still are for raiseing [money] for the support of H.M. Governments. But to raise money for the raiseing souldiers [is] against their religious principles, and for conscience cannot agree thereto. I cannot [but] observe that had the Bill passed as it was rejected, it would not have [been] very servisable, since the sum of £3000 was to be paid to such as volluntarily [enlisted] themselves to goe on this presant expedition, and not otherwise, so that if there ware not [two] hundred vollunteers out of this Province, there was no provision for any men that ware [detached] out of the Militia. I doe assure your Lordshipps I have left no stone unturned to man [ifest] my zeale and diligence in this matter and heartily sorry that it hath miscarried. I think it my duty further to acquaint your Lordships that there are two of H.M. Council dead that are mentioned in my Lord Lovelace's Instructions, vizt. Mr. Davenport and Capt. Andrew Bowne, and two being at that time removed, vizt., Mr. Revell and Mr. Leeds, who both resided in the Western Division, that are two of the Members of the Councill for that Division still wanting. I have therefore according to H.M. Instructions sent a list of the names of such persons as I beleive most proper to fill up the said vacancys, which I think is for H.M. service to be spedily [done], that we may have as many of the Councill as is posible to assist on all occations. To acquaint your Lordships that the Assembly has raised nothing for the support of the Government and payment of sallaries of the officers nor contingent charges of expresses; that I have received no more then two years sallary since my arivall here in this Province, and have maintained the honor of my post and service of H.M. at my owne expence without any manner of reward for about 4 years, is but to say what I beleive your Lordships are already acquainted withall, onely I thinke it a justice due to myselfe to assure your Lordships that in all the course of my administration here, I dare challenge every individuall man in both the Provinces to instance in any one thing that they have been wronged, or might have any just complaint against me, and therefore cannot but hope that I may have your Lordship's recommendations of me to H.M., either for the continuance of me[n] in the chief command of these Governments, or such other provition as may in some measure reimburse me for my time and expences. I have been many years always in the service of the Crowne, and have had the honor of beareing a Commition under it, and am shure have never violated either my honor or the trust reposed in me, therefore thinke have a just pretention to this post that the death of my Lord Lovelace and H.M. Commission hath placed me in, and hope that I may receive a confirmation thereof from H.M. by her Letters Pattents. At the desire of the Gentlemen of H.M. Councill and for the reasons alledged in the Address that your Lordships will see in the Minutes of the Councill, I have thought it for H.M. service to suspend Lewis Morris Esq. from being one of H.M. Councill or any other office or place of profit or trust in this Province untill H.M. Pleasure be farther known and cannot but beleive that H.M. will see it to be for her service to confirme the same. My Lords, although the stubborness of the Assembly in not complying with H.M. commands relateing to the Expedition occationed my adjourning of them by the advice of H.M Councill, yet that nothing may be left untried to forward the same I have called them againe to meet at Burlington the 21st inst., and hope they may be prevailed with to study their own interest and H.M. service. Signed, Richd. Ingoldesby. Endorsed, Recd. Aug. 20, Read Sept. 5, 1709. 2 pp. [C.O. 5, 970. No. 82; and 5, 994. pp. 474–480.]
June 17.
[17 curtt.]
579. William Penn to the Council of Trade and Plantations. Honble. Friends, I humbly, pray yt. I may have a free access, or my clark and agent for me, to the Records of yr. Office in reference to affaires of America, especially of Virginia, Maryland and Pennsylvania, wth. coppyes of such records as I shall need and you will much oblige your very resp [ectful] friend, Signed, Wm. Penn. Endorsed, Recd. Read June 20, 1709. Addressed. Holograph. ¾ p. [C.O. 5, 1264. No. 710; and 5, 1292. p. 137.]
June 17.
580. Lt. Governor Gookin to Col. Nicholson and Col. Vetch. In answer to yours of 13th inst., notwithstanding all I could say, assisted by ye Councill and most of ye men of note in ye Town, Quakers and others, ye Assembly sent me their last answer in these words, "Resolved, n.c.d., that they cannot raise money directly or indirectly for ye expedition to Canada," to wch. they added they were preparing a Bill for raising £500 as a present to ye Queen for her favours etc., which should be ready at their next meeting on Aug. 15th, tho' I told them 'twould not be convenient to adjourne but from day to day till some matters of moment I had to communicate to them were answered, nor will they do anything to defend their own coasts or encourage our neighbouring Indians, who have offered their assistance, alledging for all their religeous principalis, so that there is nothing to be expected from hence. When you write to ye Ministry at home, I hope you will do me ye justice to acquaint them how far I have obeyed H.M. commands, as I shall also do myselfe, and transmitt to them ye Minutes of Councill with ye proceedings of ye Assembly, and whatever else may be thought necessary to justify such of this Province as are zealous for H.M. honored service. Signed, Charles Gookin. Holograph. ¾ p. [C.O. 5, 1234. No. 1.]
[June 17.] 581. Accounts of receipts and disbursements on behalf of the German Protestant Refugees, May 17—June 17, 1709. Signed, J. Tribbeko, A. Ruperti. Endorsed, Recd. June 21, 1709. 4 pp. [C.O. 388, 76. Nos. 71–74.]
June 18.
St. James's
582. The Queen to Governor Crowe. Instructions in the case of George Gordon as June 9, supra. Signed. A.R. [C.O. 5, 210. pp. 152–154.]
June 18.
583. Messrs. Sharpe, Walker and Beresford to the Council of Trade and Plantations. Our complaints against Governor Crowe have given your Lordships' Board much trouble, but we hope the papers which will be now layd before your Lordships will entirely put an end to it. Repeat part of May 14. Pursuant to H.M. Order, Jan. 22, we did this day goe Pilgrim, the Governor's residence, with a copy of our Representation and severall affidavits and other proofs to make good our charge conteyned therein. He refused us admittance, and sent us a message by Mr. Barron, Depty. Clerk of the Council that he wou'd receive no papers from us that required debate. We replied that these papers requir'd no debate and would not admit of any, and explained what they were, but were obliged to return without delivering them. Mr. Crowe's insolent disobedience his unaccountable conduct in this as well as on most other occasions, has brought on him the contempt of every one of all partyes who has common sense, and the just indignation of those who have any share of honour or probity. Signed, Wm. Sharpe, Saml. Beresford, Alexander Walker. Endorsed, Recd. 30th July, Read Aug. 2, 1709. 2 pp. Enclosed,
583. i. List of enclosures. 1¾ pp.
583. ii. Representation by Messrs. Sharpe, Walker and Alexander to Governor Crowe. Your refusal to obey H. M. Order of Jan. 22 (v. infra, No. iv.), is a plain proof that your Excellency is conscious of the truth of ye several charges in our Representation. Enclose proofs. If any particular charge shall seem imperfectly made out, 'tis not for want of evidence, but because your Excellency has refus'd to order us summons as H.M. directs. Within two days after the receipt of H.M. Order you did (as you formerly had done just before Mr Walker's tryal) by a private supersedeas turn 15 gentlemen out of ye Commission of the Peace, without ye consent or privity of ye Council, which is contrary to an Act passed by yourself, whereby your Excellency, dureing our suspension, has given up that part of H.M. prerogative of making or displacing Justices without the consent of Council. Whether these Gentlemen, who are men of known probity and moderation were not displac'd on purpose to prevent our applying to them, we leave all impartial men to judge. If you will please to signify H.M. pleasure to Mr. Beckles, or such other magistrate as we shall name, we can upon every general head of complaint produce many more instances of ye truth of them. However we believe the annexed papers will suffice. Enclosures analysed and amplified.
We could prove many more matters of a higher nature, if possible, then any contein'd in our Representation, but we shall only mention two: (1) Your exacting from Mr. Cox a second obligation to pay you a considerable summ for the Naval Office, after you had receiv'd a severe repremand from ye Lords of Trade on that occasion. (2) Your permitting the sloop Neptune, Hugh Christian, master, to sail before she came to a tryal, whilest she was under a seisure and libell'd on some depositions you had yourself taken to prover her guilty of the breach of ye Acts of Trade etc. The reasons are very publickly talkt of, etc. (3) Your intercepting, breaking open and concealing a letter from the Government of Surinam to Mr. Sharpe and Mr. Cox. To do right to ourselves, we insist upon it, that your Excellency will give us copys of all the depositions you have caused to be taken against us, and of whatever else you have written home against us, etc. Signed, Wm. Sharpe, Alexander Walker, Saml. Beresford. Barbados, June 16, 1709. Endorsed, Recd. July 30, Read Aug. 10, 1709. 7 pp.
583. iii. Same to Same. May 12, 1709. Pray H.E. to instruct Thomas Beckles or another judge to take depositions as ordered Jan. 22, 1709. Signed as preceding. 1 p.
583. iv. Governor Crowe's Reply to preceding. Barbados, May 16, 1709. By H.M. Order Jan. 22 directions were given to send him a coppy of their late Representation, which has not been done. Complainants inform him they have not received one either, so that he cannot make any answer thereto, or cross-examine any wittnesses. etc. Signed, M. Crowe. 1 p.
583. v. Reply to preceding. May 18, 1709. The Representation referred to is that of which your Excellency on May 12 owned you had the original still by you. We pray for a copy of the answer you say you have already sent home, etc. Signed, Wm. Sharpe, Alexander Walker, Saml. Beresford. 1¼ pp.
583. vi. Copy of Supersedeas signed by Governor Crowe, Pilgrim, Dec. 7, 1708, for removing William Sharpe, Alexander Walker, Samuel Beresford, Raynes Bate, Alexander Anderson, Thomas Sandiford, Richard Sandiford, Mathew Keynell, Charles Egerton, Francis Alexander, Peter Mascoll, John Rushworth, and Joseph Tod from the Commission of the Peace. ¾ p.
583. vii. Copy of Supersedeas, signed by Governor Crowe, Pilgrim, May 11, 1709, removing Joseph Salmon, John Sandford, Benjamin Bullard, Thomas Prideaux, George Forster, Daniel Hooper, Joseph Hannis, Robert Vaughan, Zachary Shute, Robert Lottis Hooper, Othniel Haggath, Thomas Stewart, Thomas Roulston, John Dorne, and Richard Wiltshire from the Commission of the Peace. 1 p.
583. viii. Certificate that H.E. and Council met 48 times during the suspension of Messrs. Sharpe, Cox, Milles and Walker, Aug. 26, 1707—June 1, 1708. Signed, A. Skene, Secry. June 1, 1709. ½ p.
583. ix. Certificate that from June 1st, 1708, the day the above were restored, to Sept. 25th, the day Messrs. Sharpe, Walker and Beresford were suspended, H.E. and Council met 3 times. Signed as preceding. ½ p.
583. x. List of meetings and adjournments of Assembly of Barbados, May—Sept. 1708. Signed, William Grace, Cl. of Assembly. 1 p.
583. xi. Votes of Assembly, June 5, 1707, of £200 for repair of roof and completing stables etc. at Pilgrim's, and £500 currt. money to H.E. for his habitation etc., July 18, 1707, and £500 for furnishing H.E.'s cellars, May, 1708. 8½ pp.
583. xii. Minutes of Assembly of Barbados, May 18—Aug. 31, 1708. 7½ pp.
583. xiii. Inhabitants of Bridge Towne to Governor Crowe. Petitioners' Representatives having communicated to them the heads of a Bill prepareing by the Assembly to impower the Publick Treasurer to issue a verry great summe in noates from 2/6 to £10 for dischargeing the publick debts, petitioners laid before the House the great losses the Island had sustained by the last paper money, together with their apprehensions that any attempt to establish any other paper credit would yet more discourage trade, and prayed that the said Bill containing matters of an extraordinary nature might not pass that House nor any noats issue thereon untill H.M. most gracious pleasure should first be known, and that in the meanetime some effectuall course might be taken for dischargeing the Bank and Country noates allready issued by the former Lawes, the time for paying the same haveing been long since elapsed. Notwithstanding which that House hath past the said Bill, and as if they had conceived a displeasure against petitioners, have layed 4 times a greater tax on them, in this great decay of trade then wass ever knowne even in the times when the number of inhabitants were considerably greater and our commerce at the highest. In 1692, when a very considerable tax was raised of 4s. per head on negros and £12 on each windmill, the proportion of this towne was on the Christian inhabitants £675, and on the Jews £750, and in 1704, when a verry great summe was raised for dischargeing the publick debts 5s. per head was laid upon negroes and £5 upon each windmill, the proportion laid on the Christian inhabitants of this towne was £1500 and on the Jews £750, which was soe grievious that the vestry found it almost impossible to raise, and occasioned several of the poore inhabitants to leave the Island, and yet in this intended levey, when 5s. per head is laid on negroes and £4 only on each windmill, the whole tax amounting to £23,129. 15s. the Christian inhabitants of this towne are taxed £6000, the Jews £1500, besides the lawyers, pattentees and other officers, which amount to above ⅓rd of the whole tax. Yet the proportion would have been considerably lessened if any regard had been had to the present great decay of trade, the number of merchant vessels haveing decreased from 552 in 1701 to 178 the last year. And which is yet a greater hardshipp, the inhabitants of this towne are the greatest creditors of the publick, to whome chiefly the debts intended to be discharged by this Bill are due, soe that should the same pass into a Law, petitioners will be oblidged themselves to pay above ⅓rd of the debts due to themselves, and to goe without the remainder or receive the same in the designed noates, which they have noe hopes to pass away under 50 p.c. loss, that discount haveing been on the former, soe that those who have credited the publick will be forct after soe long a stay to com pound for halfe their just debts. Pray that their proportion be justly laid, that no notes be issued until H.M. pleasure be known, and that the Assembly be recommended to relieve those who have the State Bank and Country noates lyeing by them useless and unpaid. 102 signatures. 1 large p.
583. xiv. Copy of proceedings in a Court of Chancery, held by Governor Crowe, Feb. 20, 1707. Mitford Crowe v. Butler Chamberlin (see No. xv.) H.E. acquainted the Board that he was a party in this cause and desired them to consider it. The Board decided that the injunction formerly granted in this cause should remain perpetual. Whereupon H.E., at their unanimous request, ordered accordingly. Leave to appeal granted, if appealable. 1¼ pp.
583. xv. Manasses Gilligan and Butler, his wife, formerly But'er Chamberlaine, administratrix of Sir John Witham, Bart., to Governor Crowe. Liberty to appeal having been granted, provided petitioners applyed for a warrant of appraisment to appraise the negroes, in question, and they be found to amount to the vallue of £500, they now apply for such warrant. Granted by H.E. March 20, 1707/8. 1¼ pp.
583. xvi. Governor Crowe's warrant appointing Commissioners of appraisement as desired in preceding. Signed, M. Crowe. March 23, 1707. Copy. 1 p.
583. xvi. Governor Crowe's warrant appointing Commissioners of appraisement as desired in preceding. Signed, M. Crowe. March 23, 1707. Copy. 1 p
583. xvii. Appraisement of negroes on Chappell Plantation, belonging to the late Sir Willoughby Chamberlaine, as ordered xv. xvi. supra. Total value, £565. April 15, 1707. Signed, John Frere, John Bowman, Ja. Aynsworth, John Rushworth. Copy. 1 p.
583. xviii. (a) Manuel Manasses Gilligan and Butler, his wife, to Governor Crowe. Pray for copies of proceedings in above case, in order to an Appeal to H.M. accordingly. Signed, Tho. Hodges, James Cowse. Overleaf, (b) Governor Crowe's order rejecting above petition, because the warrant of appraisement was not duely executed, nor the return thereof regularly made. Pilgrim, April 24, 1708. Signed, M. Crowe. Copy. The whole, 1¼ pp.
583. xix. (a) William Rayner and Eleanor, his wife, to Governor Crowe. Pray that William Copp be kept in close custody till he comply with an order of the Court and pay costs in a certain case, he having been committed for contempt in not paying, but being now at large. Signed, Wm. Rayner, Elenor Rayner.
(b) Governor Crowe's order for hearing this petition next petitioning day. Pilgrim, Aug. 9, 1707. Signed, M. Crowe.
(c) Order that Wm. Copps pay William Rayner the above-mentioned costs in two months. Pilgrim. Aug. 11, 1707. Signed, M. Crowe. 2 pp.
583 xx., xxi. Case of the Hon. Middleton Chamberlain, by his Attorney Dorothy Chamberlain his wife, and Dorothy Chamberlain and Eliza. Nanfan, the co-heiresses of William Chester, senr., v. John Egginton. Upon the petition of the latter, H.E. ordered that it be heard before him next Chancery day in course, and that meantime no attachment do issue against petitioner, for want of an answer. Pilgrim, Aug. 9, 1708. Copy. 4 pp.
583. xxii. Proceedings at a Court of Chancery held by Governor Crowe, May 12, 1708. In the case of John Milles v. Constance Shatterdon, 3 of the Council were of opinion that defendant's demurrer was good, and two of them together with H.E. that it ought to be overruled. Whereupon H.E. ordered it to be rejected. Copy. 1p.
583. xxiii. Proceedings at a Court of Chancery held by Governor Crowe, March 12, 1708. In the case of Sir John Colleton v. the Hon. John Colleton, defendant's Councill moving for costs, complainant's bill being dismist, H.E. ordered the said motion to be continued, there being no Court without the Hon. John Colleton. Copy. 1 p.
583. xxiv. Governor Crowe v. Cuthbert Mittford. Chancery Court, Barbados. Complainants filed their bill June 6, 1705. A series of delays up till July 22, 1707, since which no proceedings. Copy. 1 p.
583. xxv. Richard Williams to Governor Crowe. Aug. 11, 1707. Petitioner sold a negro to Capt. John Summers for £30, of which he has only paid 40s. Prays for relief, having lost his all in a fire. Signed, Richard Williams. H.E. Order for Capt. Summers to attend next petitioning day. Capt. Summers said he could not do so. On Aug. 18 Governor Crowe ordered Capt. Summers to pay Williams £28 in a month. Signed, M. Crowe. Copy. 2 pp.
583. xxvi. Deposition of Humphry Waterman, jr. In Aug., 1707, he was possest of some negroes he had purchassed at a publick outcry. Philip Bamfeild pretending he had a right to them, Governor Crowe on his petition ordered deponent to attend. After treating him with the greatest rudeness and most vilifying expressions, without allowing him or his Council a due liberty of speaking in his defence and without hearing any evidences sworne on either side, he ordered him to deliver the negroes to Bamfeild. Deponent conceiveing H.E. had noe power to determine rights or titles to estates of inheritance, refused to obey. Whereupon he was informed that a warrant did issue to imprison him, but upon his offering to support himself as an English subject and to surrender himself, he heard noe more of the affair. H.E. told deponent in the hearing of Bamfeild, that if he, Bamfeild, should shoot him, he would serve him but right enough, and within a short time afterwards deponent rideing quietly and unarmed in the Queen's highway, Bamfeild brought out a gunn and discharged it at him, shooting his horse in the shoulder, which died. Signed, H. Waterman. 1¼ pp.
583. xxvii. Deposition of Adrian Martin, Planter. On July 8, 1707, upon the petition of his wife setting forth grievances against him, which deponent offered to disprove, Governor Crowe, in spite of his protests, ordered said petition to be endorsed that deponent had agreed that his wife should have his only house with 3 acres of land and 3 negroes to live upon. H.E. called him a rogue, and told him if ever he went near his wife or said house he would send him to gaol, and turning to Mr. Sharpe said, what a sad misfortune 'tis we have not gallys for such rogues as this, etc. Signed, Adrian Martin. ¾ p.
583. xxviii. Deposition of William Anderson. In Oct. 1707, being then Marshall of the Court of Common Pleas, and having leveyd an execution on the estate of Thomas Dowding, decd., at the suite of the Attorneys of John Gardner, merchant of London, deponent was served with an order from H.E. to appear at Pilgrim on a petition of Mr. Stephen Gibbs against the aforesaid attorneys. H.E., upon hearing the said petition, ordered that deponent should forbear any further proceedings in the aforesd. executions. He did so, til some time after, upon a hearing of this matter before H.E. and Council deponent had liberty to proceed on the said execution. Signed, Wm. Anderson.
583. xxix. (a) Copy of an execution against Robert Arnol issued by Edward Burk, Chief Baron of the Court of Exchequer, Jan. 28, 1707. Signed, Ed. Burk. Copy. 1 p.
Proceedings were begun in accordance with above order, Feb. 28, 1707/8, but stopped by the Governor's order for 12 months. Signed, Arch. Darroch, Marshall. ¾ p.
583. xxx. (a) Copy of an execution against Mathew Gray, issued as xxix. (a). Jan. 31, 1707. Signed, Ed. Burk. 1 p.
(b)Proceedings were begun, but stopped by the Governor's order, as xxix. (b). Signed, Arch. Darroch. 1 p.
583. xxxi. Similar execution against John Smith, issued by Ed. Burk Feb. 3, 1707, and stopped by the Governor's order. Signed as preceding. 1 p.
583. xxxii. Similar execution against Charles Payton, issued by Ed. Burk Feb. 3, 1707, and stopped by the Governor's order. Signed as preceding. 1 p.
583. xxxiii. Petition of Katherine Herbert, wife and attorney of Capt. Saml. Herbert, to Governor Crowe. As relict of John Farmer petitioner had commenced several actions of dower against James Cowse and John Hothersall, residuary devisees of Farmer. Her proceedings are stayed by an injunction bill in ye Court of Equity brought against her by James Cowse. But now Alexander Walker in the name of himself and others the Attorneys of John Watter now in England hath caused execution to be leavyed on the works of John Farmer's plantation called Cabbage Tree Walk, of which petitioner hath not as yet been endowed etc., and threatens to take up the coppers etc., which will ruin the estate, if not prevented. Petition heard and dismissed July 26, 1708. Copy. 2 pp.
583. xxxiv. Petition of Arthur Slingsby and Susannah, his wife, to Governor Crowe. John Legay on Aug. 4, 1705 commenced an action against Susannah Slingsby, and claimed £2000 damage, for assaulting his wife, Sarah Legay, in Cheapside, St. Michael's, and causing a miscarriage thereby. Judgment was passed against them in default. On July 30, 1707 a writ of enquiry of damages issued upon the said judgment. The Jury found for plaintiff in £115 currt. with costs, upon which verdict the Court of Common Pleas have also given judgment for plaintiff. Pray for a writ of error, several matters having been unduly admitted in evidence. Writ ordered to issue accordingly by Governor Crowe, Sept. 1st, 1707. Copy. 3 pp.
583. xxxv. On hearing the above case, Oct. 28, 1707, H.E. and Council reversed the judgment given on the writ of enquiry. 1½ pp.
583. xxxvi. Deposition of Dorothy Chamberlain. Deponent and her sister having several suits pending, involving many thousands of pounds (see No. xxi.) and hearing that H.E. did generally take presents from persons haveing causes depending before him, they presented Dame Oriana, wife of Mitford Crowe, with his privity, 4 negro men slaves, value £128, and one fine silver brocade suit of cloths, a fine head-dress and rich ruffles and fan, of the value of £150, etc., all which the said Oriana received. 1¼ pp.
583. xxxvii. Deposition of John Nusum. Deponent lived with Governor Crowe as manager of his Chapel Plantation. In June 1708, on the Governor's behalf he received five bulls and an ox from Mr. Robert Gibbes. Signed, Jo. Nusum. 1 p.
583. xxxviii. Deposition of George Tyrwhitt. Robert Gibbes, being in custody for debt, ordered him to take six cattle to the Governor as a present, which he did. A month later he took him 30 negroes loads of yam seed. H.E. told him to deliver them to his Agent, Patrick Thompson. Signed, Geo. Tyrwhitt. 2 pp.
583. xxxix. Deposition of Robert Gibbes. Having a consider able cause depending, he made presents to H.E. (as xxxvii., xxxviii.), who gave him encouragement to rely upon his favour in the determination of the said cause. Signed, Robt. Gibbes. 1 p.
583. xl. Deposition of Tho. Beckles that on May 21, 1709, Robert Gibbes refused to renew preceding deposition, unless summoned to it, for fear Governor Crowe might do him a prejudice in his cause still depending. Signed, Tho. Beckles. 1 p.
583. xli. Deposition of Charles Buckworth. Mary Mill, wife of Capt. William Mill, a prisoner of warr at Martinique, lived and died without paying rent in part of deponent's house. On her death, deponent took an inventory of her goods on his own account and for his own justification. Susannah Scott, her mother, obtained administration of William Mill's estate when he died, and upon her petition Governor Crowe ordered deponent (Sept. 15, 1707) to deliver up his inventory. With this order he was never legally served, and it was illegal, even if he had been. Oct. 13, H.E. committed him to prison for refuseing to deliver up this, his own property. Bail was at first refused. When he appeared before the Court, a nolle prosequi was entered contrary to his desire. Signed, Cha. Buckworth. 1½ pp.
583. xlii. Deposition of William Small. Acting as gaoler in May 1707, he permitted John Markand, a prisoner, to go into the town in order to procure some subsistance and clean cloaths. Governor Crowe did thereupon commit deponent for contempt, and, whilst he was in prison and moved for a habeas corpus, gave his place as Marshall to the troop of guards and the regiment to one Mr. Gibson, who came hither with and was dependent on H.E. H.E. was angry at his moving for a habeas corpus, etc. Signed, W. Small. 1¼ pp.
583. xliii. Governor Crowe's warrant for committing Small as in preceding. May 21, 1707. ¾ p.
583. xliv. Deposition of Paul Manier, wig-maker. On Aug. 2, 1707, deponent having credited several sailors and fearing they would leave without paying, petitioned H.E. through Patrick Mein for relief. H.E. in great heat thereupon committed deponent to the custody of the guard, and refused to hear him. Signed, Paul Manier. ¾ p.
583. xlv. Deposition of Hugh Hall that Thomas Godfrey, in reply to his question, confirmed that the Governor had made him swear not to co-habit with Mrs. Ann Deacon. Signed, H. Hall. ½ p.
583. xlvi. Deposition of Norman Mackaskell, Depty. Clerk of the Crown. On Dec. 24, 1708, H.E. sent for him and required him to take this oath, vizt. that, "you shall true answer make to all such questions as shall be demanded of you relateing to the proceedings of the late Court of Grand Sessions." Deponent refused until he had copyes of the queries, which were produced but never read to him. He was the same night committed to the custody of the Provost Marshall, where he remained until he and his sureties had entered into a recognizance of £1000 for his enlargement. On Jan. 8, 1708, after the Councill was adjourned, the Governor tendered to deponent copies of two or three papers, all of the same tenor, the first draught whereof had been drawn up by Mr. Hodges, which were affixt to the copys of the Records of the Grand Sessions then prepareing to be transmitted under the Seale for England, to which papers the Governour (att the request of Hodges) demanded if deponent would swear. Deponent refused, and prayed to have the reasons of his refusall then taken and entered, which was denyed him, the Governor growing angry and threatening him. Deponent desired John Robinson and Patrick Davidson, then present, to take notice of all that had then past. Signed, Norman Mackaskell. 1½ pp.
583. xlvii. Deposition of Giles Cooke, Clerk to N. Mackaskell. Corroborates preceding. 1½ p.
583. xlviii. Protest by Alexander Skene, Public Notary, on behalf of Benjamin Ballard, Raynes Bate, and Thomas Stewart, Agents for the Royal African Company, against Samuel Cox and John Hinton, who placed two men on board the Sherbrowe frigat, and by order of H.E. refused to allow the negroes, elephants' teeth etc. on board her to come on shore. Nov. 21, 1707. Signed, A. Skene. 1½ pp.
583. xlix. Minutes of Council of Barbados, Nov. 21, 1704. 1½ pp.
583. l. Journal of Assembly of Barbados, Nov. 3, 1707—Jan. 8, 1708. 6 pp.
583. li. List of days on which the Assembly met and adjourned, Oct. 1707—Jan. 16, 1708. 1½ pp.
583. lii. Deposition of Daniel Hooper. On Dec. 28, 1707, deponent with his brother Robert Lettice Hooper asked H.E. how he intended to dispose of ye Regiment then under command of deponent by the death of Col. Lyte and the resignation of Lt. Coll. Whetstone. H.E. said he had given it to Mr. Maxwell and desired deponent to serve under him as Lt. Coll. and his brother as Major. Deponent refused, Mr. Maxwell having been publickly his enemy and never in a higher post then Major, till H.E. had made him a Brigadeer. The officers of the Regiment thereupon threw up their commissions. H.E. then proposed that if deponent and his brother would turn Mr. Maxwell out of the Assembly, he would give the regiment to deponent. They refused commissions on any such terms. Signed, Dan. Hooper. 1¼ pp.
583. liii. Deposition of Robert Lettice Hooper. Corroborates preceding. Signed, R.L. Hooper. 1 p.
583. liv. List of 5 Colonels, 9 Lieut. Cols. and 5 Majors in Barbados. 1 p.
583. lv. Christopher Codrington to [?]. Barbados, June 1, 1709. I informed H.E. that Mr. Maxwell was promoted contrary to all ye rules of military discipline, but has ever since been very jealous to deserve the honour that was done him, etc. Signed, Chr. Codrington. 1 p.
583. lvi. Rebecca Hay, widow of George Hay, to Governor Crowe. Executions were levied on her behalf on William Sealey's cattle. He petitioned Judge Richd. Downes that the levy might be removed under colour of a mortgage of the cattle which he pretended he had executed to Timothy Roberts and Thomas Bullen, planters. The petition was dismissed, but next day Richard Downes examined two evidences, without any new petition preferred or notice given to petitioner to crossexamine, and ordered petitioner's levy to be removed.
Order by Governor Crowe that Richard Downes rehear above case within ten days and proceed therein according to law. Sept. 27, 1708. Signed, M. Crowe. The whole, 2¼ pp.
583. lvii. Richard Downes' judgment etc., Sept. 14, 1708, referred to in preceding. 2½ pp.
583. lviii. John Bentley and Elizabeth his wife to Governor Crowe. Petitioners have actions for considerable sums of money depending in the Court of Common Pleas for St. Michael's, against Richard Downes, Chief Judge of the Court. William Roberts, one of the Assistants of the Court refuses to act as such, whereby petitioners' causes are delayed. Pray H.E. to appoint another assistant.
Order by Governor Crowe referring above petition to Richard Downes for his opinion. Feb. 25, 1708/9. 1½ pp.
583. lix. William Sharpe to Governor Crowe. May 17, 1709. I understand from Brittain that base unworthy persons have had the confidence to accuse me of being a forger of bonds. Repudiates the suggestion and appeals to H.E. and Council to declare whether they ever had so much as suspected of it, etc. Signed, Wm. Sharpe. Endorsed, Recd. July 30, 1709. Copy. 1½ pp.
583. lx. Christopher Codrington to Governor Crowe. I have been earnestly requested by many worthy Gentlemen to deliver your Excellency this paper, my hand and my heart goe along with it. We aim at nothing more than that the dignity of Government may be preserved, and H.M. sacred authority supported against all attempts whatsoever. Your Excellency cannot but remember what the Queen's answer was to an Address of Peeres concerning the Lord Almoner, and shall an Assembly of Barbados planters pretend to tell H.M. whom she shall or shall not employ in her service. Tis well known, sir, I have no unkindness for some of the Gentlemen who have unadvisedly consented to so bad an Address. But when they so far forget themselves as to become undutyfull to H.M., I think myselfe oblig'd in honour and prudence to express my just resentments, with other good subjects, that wee may not all be involved in their guilt, nor share in the ill consequences of their folly. Endorsed, Recd. Aug. 9, 1709. Copy. 1 p.
583. lxi. Address of the inhabitants of Barbados to Governor Crowe. Protest against Address of Assembly, which urged him not to admit the 3 Councillors as ordered by H.M. Signed, Chr. Codrington and 590 others. Copy. 2 large pp. The whole endorsed, Recd. July 30, Read Aug. 10, 12, 15, 1709. [C.O. 28, 12. Nos. 32, 32.i.–lxi.; and (without enclosures) 29, 11. pp. 486–488.]
June 20.
584. Council of Trade and Plantations to the Earl of Sunderland. Enclose copy of Major Loyd's letter, Feb. 4/15;, 1709. [C.O. 195, 5. p. 111.]
June 20. 585. Further proposal from the Marquis of Kent for settling the German Protestant Refugees (cf. June 11). Endorsed, Recd. 20th, Read June 21, 1709. 3 pp. [C.O. 388, 76. No. 67.]
June 20.
586. Governor Crowe to the Council of Trade and Plantations. Refers to duplicate of May 18. There has nothing since occurr'd new, but what relates to the men of warr, which the Council and Genl. Assembly has sent home to their Agents to lay before ye Queen and your Lordps. The Frankland packet arrived two dayes agoe, but honours me with none of your Lordships' commands. Signed, M. Crowe. Endorsed, Recd. July 30, Read Aug. 2, 1709. 1 p. [C.O. 28, 12. No. 31; and (duplicate) No. 51; and 29, 11. p. 485; and 29, 12. p. 56.]
June 20.
587. Governor Parke to the Council of Trade and Plantations. Refers to following. By Capt. Scot I shall send yr. Ldpps. my own answer, wch. will be a perfect history of my administration. I hope it will be sattisfactory, and if it be defective, please to let me know in what, etc. Signed, Daniel Parke. Endorsed, Recd 1st, Read 5th Aug. 1709. 2 pp. [C.O. 152, 8. No. 30; and 153, 10. p. 367.]
June 20.
588. Council of Antigua to the Council of Trade and Plantations. Commend Col. Yeamans, Lt. Governor of Antigua, against whom, as against Col. Parke, articles of complaint are being secretly prepared, for what cause we cann no ways imagine, etc. Signed, Jno. Hamilton, Will. Codrington, Thomas Morris, Geo. Gamble, Richard Oliver, William Byam. Endorsed, Recd. Sept. 20, Read Nov. 17, 1709. Addressed. 2 pp. [C.O. 152, 8. Nos. 31, 31. i.; and 153, 10. pp. 368, 369.]
June 20.
589. Lt. Governor and Council of Antigua to the Council of Trade and Plantations. Enclose following. Signed, John Yeamans, Jno. Hamilton, Will. Codrington, Thomas Morris, Geo, Gamble, Richard Oliver. Endorsed, Recd. 1st, Read 5th Aug., 1709. 2 pp. Enclosed,
589. i. Answer of the Lt. Governor and Council of Antigua to the 22 Articles of complaint exhibited against Governor Parke. (1). We never heard him say any such thing. (2). We approved of the General's treatment of Mr. Chester. Col. Gamble informes us that he was one of the Justices that took baile of Mr. Chester. The General never threatened him, but angrily told him he wondered he should take bail for a man committed by himself and Council for murder, but more especially considering he refused acting in other matters as a J.P. The General informed us that he turned out the Marshall for suffering Mr. Chester to go at large without any officer with him, before he had given bail, etc. (3). We never knew the General demanded by what right any man held his estate, except Col. Codrington, who refused to answer in the case of Barbuda. By the advice of the Council he proceeded no farther in it. (4–7). Refer to Minutes of Council. (8). Notoriously false; for at the election of the, Assembly before this, there was hardly any disputes, and the Generall was at St. Xtophers for severall weekes before and after the last Assembly was called; wee writt him whilst he was there to desire him to call an Assembly, and there he sign'd the writts etc. The first dispute about the negative voice was occasion'd by the Generall's being off the Island, they ordering their Speaker not to sign what laws were ready to be sent down to the General to pass, it being their opinion that a law is not in force untill it be signed both by the chief Governor and Speaker, so that if the Genll. had passed all the lawes sent him, if, when return'd, the Speaker refus'd to signe them, they were to be noe lawes, which was plainly giving the last sanction to, the Speaker, which no Assembly before thought of, and unless the General would consent to their Speaker should give the last sanction, they would neither quarter the soldiers, nor raise a tax to pay of the publick creditt, though the Generall generously desir'd them to lett alone what was due to him for house—rent, which was then £1000. (9). Defects in the Militia are chiefly occasion'd by want of a proper law to enforce officers and soldiers to doe their duty, which both the Generall and ourselves have recommended to noe purpose. As to the fortifications, he has always been desirous of carrying them on, and particularly that of Monk's Hill, because it was the inclination of the people, tho' himself had no great opinion of it; the discontinueance of the workes there being occasion'd for want of the Assembly's consent to a Law, without which they cannot be carry'd on. The removing of the gunns from the severall plattformes was left to the Generall's direction by the Assembly, and the Treasurer was order'd to pay the expence; the disposition the Genll. proposed to make in case the enemy attacked us, was contrary to the opinion of the Councill and the Militia Officers, and to our former Generall, Col. Codrington; but his opinion was not made into an order further than that he order'd all the Militia and Queen's troopes to meete in one body at St. Johns, which order, at the request of the Councill, the Generall afterwards revealed [sic]. (10). We have heard the Governor as Chancelor say that as he found (directing to the lawyers) the equity of the cause, notwithstanding their presidents and what they asserted for law, he would accordingly judge. As to his decrees, wee never heard of his making any, except in the case of Judge Wattkins, as executor to one Waller, to which he called the Council to his assistance, which decree wee are satisfied was reasonable, equitable and just. As to the generall injunctions mentioned frequently to be granted, wee know not but of one, and that in the case of Lt. Coll. Morriss and Capt. Wattkins, which being occasion'd by a mistake in the Clerke in the Secretary's Office, when it was issued, as soone as the Governor was appris'd of it, he declared he was wholly ignorant of it, and expressed his abhorrence thereto by owning such a proceeding would be very unjust, and did accordingly recall the same. Wee know of no injunction issued without bill first filed, nor has any been otherwise granted, tho' there is on the Chancery books such an order, but it was never putt in execution, nor does the General or either of us remember the Clerke had any direction for entering such an order, and believes it a mistake in the Clerke. As to bringing in bonds for ⅓rd or ½ the vallue, wee know not what is meant by it, nor do wee understand that any injunctions have been granted to avoid the penalty of the bond, that ever came to hearing, if there were any such, the parties made it up between themselves. The Generall was very far from being arbitrary, for he alwayes tooke the advice of those of the Council that satt with him, and when the cause seemed intricate, he referred it home for the opinion of two Chancery men there, as in the case of Col. Morriss. (11). Wee know not of his threatning to turne out any Judge or J.P., nor did he turne out Judge Wattkins, neither doe wee believe he would displace any officer for not being aplicable to ill purposes. As to the Mandamus mentioned, wee thinke it very just. v. Minutes of Council. (12). We believe the Governor is well justified. (13). Wee know of no seizures made by order of the Governor nor any Judge of the Admiralty appointed by him, save the present Judge Herbert Pember, Attorney General of the Leeward Islands, a person bred to the law, and of good life and conversation. He has encouraged all fair traders, and has never taken any advantage of the master when he had lost his register as his predecessors did. Wee never heard of any vessells seized in this Island, but a small sloope of Major Blizards; after she was condemned, he gave his part because he believed there was no designe of fraude: wee have heard of a small sloope he order'd to be seiz'd at St. Christopher's that came from Currasow, belonging to Mr. Chester, and another of his for carrying sugar without paying the 4½ p.c. or qualified. (14). The General is justified, being adressed to by the Assembly and Councill for so doing, and his revealing [sic] that order was after the hurricane there being a great quantity of powder lost. The very men that adressed him have signed this article, and made it a crime. (15). Wee have understood the fees mentioned to be so inconsiderable that the Governor has scarce thought them worth collecting. They were settled by the Councill and Assembly of St. Kitts at his first coming, and neither the Councill or Assembly of this Island ever acquainted him they thought them an agrievance, even when he offered to redress any grievance. (16). Refer to deposition of Capt. Roach, a merchant of a very fair character. (17). Wee know of few or no J.P.'s made, but what were formerly soe, except one Thomas Gateward, which was recommended to the Governor as a person knowing the law and living in St. John's; others refusing to act, he was put into the Commission; nor do wee believe (as wee take him to be a person chiefely they hinted at) to be of soe despicable a character as set forth in this Article. Wee are of opinion that when he was by us recommended to the Generall, he was a perfect stranger to him, it being at his first coming; he was also recommended to the Generall to be Master in Chancery, there being nobody fitter for it, that would accept of it. (18). Wee know that John Hain had the command of one of the Generall's sloops, and it is not deny'd, but it has been reported, that he killed some Spaniards in cold blood, but it was the beginning of this warr, when wee were in hostility with them, and tho' the action was no way commendable, yet wee see not what occasion there was for a pardon, nor do wee thinke he ever apply'd for, or any ever was given him; he lives with his family at St. Kitts, and may be taken up at any time; and wee are confident the Generall will not protect him from Justice. (19). The Governor has often expressed himself with a pecu culiar regard for this Island, etc. Refer to depositions. (20). Wee are wholly strangers to any such expressions proceeding from the Generall, nor ever heard of such reports. The Governor announced he was ready to receive grievances etc. and help to forward them to England. (21). Wee have not heard of any Commissions refused since the Act, nor have wee knowne of any tenths or other summs exacted for his Commissions, but it has alwayes been the custome of privateers to pay the tenths to the Lord High Admirall; and that he has had 1/10 and more out of what has been taken by his owne privateeres; and that according to agreement with the commanders that went in them, which wee thinke lawfull and reasonable for the owner. The Generall's privateeres were of great service to the Islands. As soone as the Act of Parliament for encouraging of privateeres came out, he disposed of all his. (22). Refer to depositions. 8½ pp.
589. ii. Reply of the Lt. Governor and Council of Antigua to the merchants' petition to the Queen. Several of the 21 subscribers are strangers to us, and have little or noe effects in this Island. The best part of the inhabitants thinke the Generall has acted with zeale for H.M. service and good of this Government. And whereas this petition mentions new Articles of insulting their persons, and by neglect of the guards the enemy's dayly insulting the Island, and their negroes being in danger, wee never heard the Generall insulted any of them, but on the contrary they have insulted him, both when they committed the riot at Mr. Chester's, and alsoe Barry Tankard in the street. And whereas they say they could have better proofes but that people were affraid of the Generall, little agrees with their actions here, for not only Mr. Nivine's chamber was an office for severall months for everyone to come and give an account of what they knew, or had heard of the Generall, but there were severall feasts made all over the Island, and all sorts of people treated and openly encouraged under the Generall's very nose to come in against him, and they gave out they were soe sure he would be removed, that those that had a just abhorence of their proceedings were unwilling to shew their resectment openly because they would not draw upon themselves the spite and malice of those men. As to their letters being intercepted, there was not for above 5 months any packett, and we think it a very scurrillous reflection, without any just cause, for the some. There has been few or no negroes taken of by the money since the Generall came, though before his time we lost above 100. Those merchants have little return to be afraied of their effects, if they had any here, for are man has ever encouraged the fair trader more than Generall Parke, though he is a scourge to the smuggler. We are not a little pleased to find that the merchants that have the greatest effects on this Island, have not signed this petition, etc. Signed, John Yeamans, Jno. Hamilton, Will. Codrington, Thomas Morris, Geo. Gamble, Richard Oliver. Endorsed, Recd. Aug. 1, 1709. 3 pp.
589. iii. Deposition of George Gamble. Antigua, June 14, 1709. Capt. Giles Wattkins said to him that they had raised a considerable sum of money and Nivine would see to it that Governor Parke was condemned, etc. Signed, Geo. Gamble. 1 p.
589. iv. Deposition of Elizabeth, wife of John Wright, merchant. Antigua, June 18, 1709. I informed the Generall that Mr. Sawyer of Virginia was killed by Mr. Chester, who bid me summon the Coroner. Next morning I being informed by the Constable that they did not like the jury he had summoned, and the next day he had gott another jury, and being told by others that Mr. Chester had sent for Mr. Glanvill to be of the jury, I concluded there was some unjust designe on foot, and told the Generall. He went to the crowd where the body was. He did not threaten anybody, but told the Marshal a man committed for murder ought not to walke the streets. He ordered Mr. Sawyer's wound to be exposed to everybody's view, and went away, having first ordered the Coroner to ask the witnesses some questions. Witness believes the wound Mr. Chester gave Mr. Sawyer caused his death, etc. Signed, Eliza. Wright (mark). 1½ pp.
589. v. The interrogatories of Samuel Wickham, Coroner, taken before the Lt. Governor and Council, June 18, 1709. Corroborates preceding. Signed, Sam. Wickham. 2½ pp.
589. vi. Col. Lilly to Governor Parke. I find [Antigua] open to the attempt of an enemy when and allmost wherever he shall please to attack. There is no such thing in the whole country as deserves the name of a fort, for that which is built upon Munck's Hill is not so, since an enemy may upon his first landing (without having occasion to bring any canon against it) easaly make himselfe master of it with sword in hand, nor can this place in my opinion be well fortifyed without a very great deal of unnecessary expence. Gives reasons. Proposes that some other place should be pitcht upon, etc. Signed, Cr. Lilly. Copy. 1 p.
589. vii. Deposition of Thomas Morris. Giles Watkins sued deponent in an action of ejectment. Deponent obtained an injunction to stay proceedings, signed by H.E. But when deponent found that the form of injunction granted was a general one, he informed Watkins that he would take noe advantage of it in any other cause, etc. Signed, Thomas Morris. 1¾ pp.
589. viii. Order of Court of Common pleas for the precincts of Falmouth, July 18, 1708, in the case of William Grear v. Henry Fletcher. In the absence of defendant and his counsel, Mr. Nivine, ordered that the 4 negroes in dispute be delivered to plaintiff, he giving security to prosecute at the next Court held, etc. Writ of attachment issued against defendant. etc. Signed, Thos. Kerby, Cler. Cur. 1½ pp.
589. ix. Deposition of John Brett, Naval Officer, Antigua. In May, 1707, Governor Parke showed to him an account settled between him and Edward Chester, senr., wherein Chester had given credit for two sums of £250 each, which deponent apprehending to be paid in specie, acquainted the Governor that he had injured himself in suffering the said two sums to go towards the discharge of the accompt which was £800 for 20 negro women bought to be paid in the country produce, their being at that time near 50 p.c. difference between country produce and specie in money. Whereupon the Governor said that the next time he adjusted accompts with Chester, he would do himself right by stopping so much as the difference amounted to. Deponent has since heard that the Governor did stop in his hands £150 of Chester's money on that score. Signed, John Brett. 1½ pp.
589. x. Deposition of Jos. French, Treasurer of Antigua. Governor Parke told deponent July, 1708, that he had informed some of the signatories to the Articles of complaint, that if they had any grievances they should set them forth and he would redress those that were really so. The Governor told deponent two of the articles were utterly false etc. as preceding. Signed, Jos. French. 1½ pp.
589. xi. Governor Parke's warrant to Custom House Officers to make diligent search in St. Johns and in the vessels in St. John's Harbour for prohibited goods, etc. Dec. 3, 1707. Signed, Daniel Parke. 1 p.
589. xii. Deposition of Richard Buckeridge, Collector, and John Brett, Naval Officer. Pursuant to preceding warrant, they made diligent search, especially for a parcell of brandy, which was noised abroad to be landed and belonging to Mr. Edward Chester, senr., but no brandy or prohibited goods were found. The Governor on this and other occasions caused deponents to be very exact in the discharge of their offices. Signed, Richd. Buckeridge, John Brett. 1½ pp.
589. xiii. Deposition of Thomas Kerby. Deponent drew the abovementioned warrants, etc. Signed, Tho. Kerby. 1¼ pp.
589. xiv. Deposition of John Barbollain. Deponent having been acquainted of the seizure of some butter and tobacco upon a supposition that it was intended to be carryed to Martinico in a French Flag of Truce, Aug., 1707, he never petitioned the Governor for it. Signed, John Barbollain. Copy. 1 p.
589. xv. Deposition of Richard Buckeridge, collector. Governor Parke instructed him to be very carefull in the exact discharge of his office. Deponent caused many seizures to be made accordingly. He does not remember any seizure made but not brought to tryal the last 18 months, but one small sloop alledged to have been belonging to Col. Wm. Thomas of this Island, which sloop because the Queen's Councillor was att a loss how readily to draw a libell suitable to the transgression, and Thomas refused to take her into his care til could be brought to a tryal, she perished in the harbour, and nothing since was done therein, she being scarce of any value. Signed, Richard Buckeridge. ¾ p.
589. xvi. Deposition of John Brett, Dep. Collector. Governor Parke frequently ordered him strictly to search all flaggs of truce, and hinder them from carrying any provisions or prohibited goods. Some butter and tobacco of very little worth was accordingly seized, said to belong to one Barbottaine (see xiv.), who said, Let them answer, that shipp'd it. No claim was made relating to this seizure. During his time of office no seizure except this was made and not brought to a tryall. Signed, John Brett.
589. xvii. Governor Parke's Warrant to Samuel Watkins, Receiver of the powder in Antigua. St. Kitts, May 20, 1708. You are to receive of all masters of ships the powder in kind, there being great want of powder. This you are to do notwithstanding a former order for excuseing the inhabitants of Antigua, the law not excuseing any one, that order being granted at the request of the Assembly of Antigua, when there was plenty etc. Signed, Daniel Parke. Copy. 1 p.
589. xviii. Deposition of Thomas Kerby, Register of the Ordinary's Office. H.E.'s fees in this office have amounted but to 113 pistoles, 24s., accounting 28 shillings for each pistole. H.E. has remitted fees of administration, guardianship and probates of wills to the poor and orphans, etc. Signed, Thos. Kerby. Copy. ¾ p.
589. xix. Deposition of John Roach. Oct. 1707, Edward Chester senr. offerred Governor Parke some damnified flour for his negroes, saying it was not worth anything. He never mentioned one word of any register, etc. ¾ p.
589. xx. Deposition of Francis Rogers. Dining at deponent's house, Governor Parke being moved in passion said that, were it not for some friends in Antegua, he did not care who the devill had the Island, or who ye devill had the Government, but deponent does not remember he should say he would send the Island to the Devill, but on the contrary has oftentimes heard him express himself with peculiar regard for its prosperity, as witness, his precautions for its defence. etc. Signed, Francis Rogers.
589. xxi. Deposition of the honble. George Gamble. Corroborates preceding. Signed, Geo. Gamble. 1 p.
589. xxii. Deposition of Joseph French, Treasurer of Antigua. Governor Parke has brought guns and troops from the other Leeward Islands for the defence of Antigua, etc. Corroborates preceding. Signed, Jos. French. 1 p.
589. xxiii. Deposition of John Roach. Governor Parke granted him a Commission for a privateer without making any bargain with him. As he let him have some guns, it was agreed to let him have the tenths formerly paid to Governors. Since the Act of Parliament, he has never taken anything for prizes. Edward Perrie, Commissioner of Customs, tried to induce deponent to swear falsely that he had taken the tenths since the Act. Signed, Jno. Roach. 1 p.
589. xxiv. Deposition of Capt. Thomas Newell. Governor Parke has often ordered him to go the rounds in the night at St. Johns, and several times accompanied him, by which means the Towne has been kept in very good order. He never saw him eves dropp at any house, etc. Signed, Tho. Newell. Copy. 1 p.
589. xxv. Deposition of John Bishop. Corroborates preceding. Signed, John Bishop (Mark). Copy. 1 p.
589. xxvi. Deposition of Robert Jones. Corroborates preceding. Signed, Robert Jones (Mark). Copy. ¾ p.
589. xxvii. Deposition of John Brett. Appointed by Mr. Dum mer to receive and open the mails, deposes that the Governor never received or asked for any letters but those directed to himself. No letter has been intercepted that he knows of. Signed, John Brett. 1 p. [C.O. 152, 8. Nos. 32, 32. i.–xxvii.; and (without enclosures) 153, 10. pp. 372, 373.]
June 20.
590. Governor Parke to the Council of Trade and Plantations. Refers to preceding. The affidavits were publickly taken. I have more to take, some who are off the Island, etc. I shall send the duplicates of the Minutes of Councill which I sent by Capt. Buor, and a coppy of all the proceedings of Chancery and the Councill of Officers. I durst not venture them by a single shipp for fear to loose them, considering with what difficulty I gett them. My predecessour Coll. Codrington did not care to send home his Minutes of Councill, and the Secretary being his friend and my enemy won't lett me have them to send home, knowing very well it is for my intrest to have your Lordshipps truly informed, and the Councill and myselfe both have reason to believe all along he has told them everything that has passed in Councill; that were noe great matter, but we believe he has misentered some things, and some others he has not entered at all, and though he lays it upon his Clerke, the writeing the generall injunction we all believe it was designed by him to give a collour for the Article, knowing I never read the injunctions, when I see his hand to them that they are passed the office, I signe them. Wee find in the Minutes of the Chancery that he has entered a short order that injunctions may issue though no bill filed, though both myselfe, Lt. Governour and Councill upon our oaths will declare he never had any such directions for soe doeing; but it being my constant custome to enquire if a bill was filed before I granted an injunction, his designe in that was defeated, for there never was any injunction granted till the bill was filed, as apears by the Minutes in Chancery, notwithstanding that order, soe that for the future I must be forced to see myselfe all the entrys. This is a hard case that I must have a Secretary put upon me, that shall use me after this manner. If Sir Charles Hedges does not send over a good Secretary, the Councill and myselfe shall be obliged to complaine in forme to your Lordshipps and desire redress. I hear now they are forgeing Articles of Complaint against their Lt. Governour, they have indeavoured by all the ways and means possible to draw him over to their side, he has often told them if they would prove any one Article against me, he would joyne in the complaint. This Gentleman is a man of good famally, and has been their Lt. Governour for many years, and in three years that I have been here he has never missed one Councill; he has one of the very best estates in the Island, and has none anywhere else, and has a numerous ffamally of children and grandchildren all settled here; therefore it would be strange he should not be in the true intrest of the Island, there was a great deale of paines taken to make a difference between Sir William Mathewes and this Gentleman, and Sir William writt home that he being no soldier (for he could lay nothing to his charge) desired he might be removed; but Sir William saw his error before he died, and owned that he had been abused. This Gentleman is as much a soldier as any of the other Lieut. Governours, for all the soldiershipp any of them can pretend to, is what they have seen here, and he has done the same, being a man bred to the Law, he never affected the title of Coll., but he understands as much of it as any of them doe and better as having more sence. Whatever articles they may draw up against him, when they come to be examined into your Lordshipps will find he will clear himselfe with honour, and they will all be found both false and malitious. I dare say in this case he desires noe more then common justice, which is all I desire myselfe; the reason the other three Councillors have not signed the answer etc., they were not able to come. Major Lyons has been lay'd up near this 18 months, and the Byams were sicke. Signed, Daniel Parke. Endorsed, Recd. Sept. 10, Read Nov. 17, 1709. 4 pp. Enclosed,
590. i. Copy of Proceedings of the Court of Chancery, Antigua, Sept. 12, 1707—Sept. 23, 1708. Endorsed, Recd. Sept. 10, 1709. 10 pp.
590. ii. Copy of proceedings of the Council of Officers, Antigua, July, 1706—March, 1709. Same endorsement. 14 pp. [C.O. 152, 8. Nos. 42, 42. i. ii.; and (without enclosures) 153, 10. pp. 421–425.]