Journals of the Board of Trade and Plantations: Volume 1, April 1704 - January 1709. Originally published by His Majesty's Stationery Office, London, 1920.
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Journal, March 1705
Sir Bartholomew Gracedieu and Sir Gilbert Heathcote attending, an extract of the minutes of the Assembly of Jamaica from the 8th to the 29th of November last, relating to several irregularities in that Assembly, was communicated to them, and the secretary directed to send them copies thereof, in order to their writing to their friends at Jamaica thereupon.
A letter from Colonel Dudley to the secretary of this Board, dated the 27th of November last, was read; and thereupon ordered that an extract thereof, relating to Colonel Dudley's expedition to L'Accady, be sent to Mr. Secretary Hedges for his information [fo. 293].
Sir Henry Ashhurst attending, acquainted their lordships that an Indian, a servant of his, who had some time since been demanded by Colonel Dudley, was now going to be a soldier in Captain James Tyrrell's troop, and that he would not consent to let the said Indian go till he had informed their lordships thereof; whereupon he was told that the Board had no objection thereunto.
Mr. Lone attending [fo. 285], presented to their lordships two affidavits of the masters of his ships mentioned in his petition which was read at the Board the 23rd of the last month relating to the said ships being stopt in Virginia and Maryland, which were read; and thereupon a representation to her Majesty upon the said petition, as also a letter inclosing the same to Mr. Secretary Hedges, were signed.
A memorial from Mr. Lillington, Mr. Tyrrel, Mr. Ramsay and Mr. Cryer [fo. 282], relating to their suspension from the Councill of Barbados, which was delivered yesterday by Mr. Bernard to the secretary, was read.
Mr. Maycock, Mr. Kirton [fo. 282, 302] and several Barbadoes gentlemen, with Mr. Cooper their counsell, on the one side, as also the Barbados agents with Sir Thomas Powis and Mr. Pooley, their councill (sic), attending, on the other, Mr. Secretary Hedges's letter of the 20th of September last [fo. 126] refering to the Board the petition of John Leisly, Thomas Maycock, Philip Kirton, William Tyrrell, Christopher Estwick, Enoch Gretton and Thomas Maxwell, late members of the Assembly of Barbadoes, was read; and her Majesty's Order in Councill of the 11th of January last, upon a petition in the name of all the said gentlemen (except Mr. Maycock and Mr. Tyrrell), and signed John Kirton, was also read. Whereupon Sir Thomas Powis desired to be informed by what authority Mr. John Kirton had signed the said petition, and whether that petition had not been drawn up in England; unto which the said Kirton replyed that, upon his coming from Barbados, the complainants and several other gentlemen had directed him to make applications here in England in their behalf, and that, upon his arrival, finding that there was full evidence in England to make good their allegations, he had drawn up this second petition (containing in substance the same as the first) praying to be heard before her Majesty in Councill.
1. Then Mr. Cooper opened the matter of the said petition, and in proof of the first article, which relates to the harrassing of the militia, by putting them upon hard and unnecessary duty, the depositions of Thomas Maycock, William Tyrrell, Lawrence Row and John Curl, were read. But Sir Thomas Powis objected that Mr. Maycock and Mr. Tyrrell were not proper evidences to any of these articles; for they were parties in the complaint, having signed the first petition, though their names were left out in the second.
2, 3, 4. To the 2nd, 3rd and 4th articles, relating to a bill brought into the House for raising two companies of granadiers, by which they alledged that Sir Beville Granville was to have got 3,000l., they produced the affidavits of the said Maycock and Tyrrell and of Mr. William Heysham and Mr. Guy Ball, which were read.
And to that part of the 3rd and 4th articles, which relate to the turning out of officers and putting others unqualifyed into their places, the said affidavits of Mr. Maycock, Mr. Tyrrell and Mr. Row were refer'd to.
5, 6. To the 5th and 6th articles, relating to Scotchmen being put into places, and to presents made to the Governor by the Assembly, the said affidavits of Mr. Maycock and Mr. Tyrrell were again produced.
7. To the 7th article, relating to Mr. Lee's being forcibly brought from that island by Captain St. Loe, they produced the affidavit of the said St. Loe, which was read, and refer'd themselves to what was said at the hearing of that matter the 28th of February last.
8. To the 8th article, which relates to the Assembly's allowing 600l. per annum for the Governor's house, instead of 300l. limited by her Majesty's instructions, and to 5,000l. expended in the building and repairing thereof, they produced the said affidavits of Mr. Maycock and Mr. Tyrrell.
10. To the 10th article, relating to the Governor's rejecting a petition of John Paston against Colonel John Holder for several cruelties and abuses committed by the said Holder, they again produced the affidavit of Mr. Maycock.
12. To the 12th article, relating to the trade of the island's not being protected by reason of the Governor's sending the men of war to cut wood at Tobago, and to the Governor's refusing to let the men of war cruize without allowing him a share in their captures, as likewise to the Governors stopping of convoys, they produced the affidavits of Mr. Guy Ball and Captain Samuel Martin, Commander of her Majesty's ship the Blackwall, which were read, and Captain Martin being asked whether Barbadoes could be supplyed with wood without sending to Tobago, he said that there was no necessity of sending thither, for there was wood enough on Barbadoes to supply all their wants.
Upon all which Mr. Cooper observed that they had fully proved three of the foresaid articles, viz.:—The first relating to the harrassing the militia, the 5th and 6th relating to presents, and the 8th relating to 600l. house rent instead of 300l. allowed by her Majesty.
Then Sir Thomas Powis, observing that their lordships had determined to hear this matter by way of affidavit, desired that in consideration they were not prepared to reply in the same manner, a further day might be appointed; which being agreed to by the other side, their lordships fixed upon Wednesday next at four o'clock in the afternoon.
Mr. Bernard [fo. 282, 301] attending, presented to their lordships a memorial signifying that having last Councill presented to her Majesty a memorial relating to the proceedings that have been had here upon the petition of the suspended counsellors, and being informed that her Majesty had made some order thereupon, he was not able to proceed to the hearing intended this day relating to the said counsellors till he had the said order, which he said he could not yet obtain from the clerks of the Councill. Whereupon he was acquainted by Mr. Blathwayt that there was no other order made upon his petition, but only a minute for the Board to proceed in hearing the petitioner and in reporting to her Majesty thereupon. But Mr. Bernard still insisted that he could not proceed till he had the said order or minute, and that he would be ready at a very short warning after he shall have received the same.
Then the agents of Barbadoes attending with their councill (sic), they were acquainted that Mr. Bernard was not ready to come to a hearing [fo. 290] this day, and that their lordships would to-morrow fix a short day for the hearing of that matter.
A letter from Lieutenant-Colonel Johnson, Lieutenant Governor of Nevis, dated the 9th of December last, signifying the death of Sir William Matthew, Governor in cheif of the Leeward Islands, was read, and an answer to the said letter agreed and ordered to be transcribed [fo. 301].
An order of the House of Lords of this day, directing the Board to lay before their lordships a draught of the scheme drawn by them for relief of the poor, was read; and an answer thereunto, for laying the said draught before their lordships, was signed.
A letter from Colonel Codrington [fo. 301], dated at Antego the 6th of December last, signifying the death of Sir William Matthew, and his willingness to serve her Majesty again as Governor of the Leeward Islands, was read.
Captain Lloyd attending in relation to his accounts [fo. 283, 320] laid before the Board the 23rd of February last, was desired to explain some articles in the said accounts, which he promised to do and lay the same before their lordships at their next sitting.
A letter to Colonel Johnson, Lieutenant Governor of Nevis, in answer to his of the 9th December last [fo. 299], relating to the government of the Leeward Islands devolving upon him by the death of Sir William Matthew, was signed.
An Order of Councill of the 1st instant [fo. 298] refering to this Board a petition of the four suspended counsellors of Barbadoes, relating to what has been transacted before this Board in their affairs, being yesterday received from Mr. Bernard, was read; and ordered that Mr. Bernard have notice [fo. 317] that their lordships intend on Monday next in the afternoon to hear the matters depending before them concerning the four suspended counsellors.
Colonel Maycock, Colonel Tyrrell [fo. 294, 320] and the rest of the gentlemen that appear against Sir Beville Granville with Mr. Cooper and Mr. Dodd, their counsell, on the one side, and the Barbados agents, with Sir Thomas Powis and Mr. Pooley, their counsell, in behalf of Sir Beville Granville attending on the other; Sir Thomas Powis entred upon Sir Beville Granville's defence, and insisted that Colonel Maycock and Colonel Tyrrell having been found guilty of the disorders that have happened at Barbados by their absenting themselves from the service of the Assembly, ought not to be looked upon as good evidence in a case wherein they themselves were particularly concerned, and, in order to prove that the said disorders have arisen from their absenting themselves as aforesaid, the affidavit of Mr. Charles Irwin (K. 19) and the representation of this Board of 26th of October last, as also Mr. Attorny General's report thereupon (L. 20) were read; and further to invalidate the evidence of Colonel Maycock, they produced the deposition of Colonel William Sharp and Colonel William Holder, two of the commissioners of publick accounts (No. 61), to prove that the said Maycock has not accounted for 1,500l. he had received for the use of the Leeward fortifications, as also the receipt of the said Maycock for the said summe (No. 5), which were read. They also produced a subpœna (No. 5) to the said Colonel Maycock to appear and answer in the Court of Chancery to a bill of complaint of Captain Josias Harrison, as also a Ne exeat Insulam (No. 5) against the said Maycock at the suit of the said Harrison, which were read.
They further produced the depositions of George Hay, Deputy Provost Marshall, and of Mr. Skene, secretary of the island (No. 61), to prove their endeavours to execute the said subpœna and Ne exeat Insulam against the said Maycock on board her Majesty's ship the Blackwall, and their being prevented therein by Captain Martin, commander of the said ship, which were read: and to invalidate the affidavit of John Curl they produced a minute of the General Assembly dated the 24th August, 1704 (No. 4), directing that application be made to Sir Beville Granville for prosecuting the said Curl for perjury, which was read.
Then Sir Thomas Powis, in answer to the first article of the charge, wherein it is alledged that the militia has been harrassed and fatigued by being put upon extraordinary duty in remote places and upon the mountains, without the advice of the Councill, said that it being a time of war, the island of Barbados, as the rest of her Majesty's plantations, was in danger of being attacked by the enemy; and therefore it was commendable in the Governor and his duty to keep guards in order to prevent any such attempt of the French, and he produced the minutes of Councill of the 18th of January and 8th of February, 170¾ (C., fo. 1 and 6), to prove that Sir Beville Granville had not only the advice of the Councill, but also of the colonels of the militia (of which number were Colonel Maycock and Colonel Kirton), which minutes were read.
In answer to the 2nd article, relating to the Bill brought into the Assembly for raising two companies of granadiers, by which it is alledged the Governor would have got 3,000l., he said that Bill was not brought in by direction of the Governor, but by the Assembly themselves, in order to ease the militia from the hard duty complained of in the first article. And they produced the affidavits of Mr. Alexander Walker, Colonel John Holder, and Mr John Harpur (No. 11), members of the Assembly, to prove that Mr. Kirton, Mr. Maxwell and Mr. Gretton, three of the complainants, were appointed as a committee to bring in the said Bill, and that Colonel Maycock and Colonel Kirton, when the question was put, upon the 17th clause of the said Bill, what summe should be deposited in the Governor's hands for getting of intelligence, voted that it should be 1,500l. and Colonel Tyrrell voted for 1,000l., whereas it was carryed by the majority but for 200l. And he observed that this charge was but a bare supposition; for they only pretend that the Governor might have made an advantage of 3,000l. in case the Bill had passed. But to clear the Governor even from that aspersion, he produced the affidavits of Colonel Sharp and Colonel Johnson, both of the Councill of Barbadoes (No. 62), who swear that the Governor told them and desired them to acquaint the Assembly and others, that when the said Bill was brought up to him, if it had anything in it that look'd like an advantage to himself, he would expunge the same, or not pass the Bill, and that the Governor had said the same thing to the Councill. Sir Thomas Powis then added that, supposing the Bill had passed, the Governor could not have made the advantage the complainants pretend; for the funds given for the expence of the services required by the Bill amount in all to 8,799l. 11s. 8d., and the expence of the said two companies of granadiers amount to 7,739l. 5s. 10d., according to the particulars following, viz.:—
So that there remains 1,060l. 5s. 10d. overplus, and there is a clause in the Bill directing that all the overplus of the monies raised by that Bill shall be applyed towards the maintenance and repair of the fortifications of that island. And Colonel Scott, Colonel Cleland and Mr. Foulerton affirmed that in Colonel Russell's time the soldiers there had 10d. a day each allowed them besides their ordinary pay,
Sir Thomas Powis, in answer to the 3rd and 4th articles, said that the complainants were not turned out of their places because they had voted against the said Bill, but because they had continued obstinate and would not attend the service of the House.
To the 5th article, relating to presents alledged to have been made the Governor, and to the 8th article relating to rent for a house and to 5,000l. expended in building and fitting the same, Sir Thomas Powis replyed that the 500l. given for house rent was by an Act which, upon a representation from this Board of the 3rd of February, 170¾, was confirmed by her Majesty in Councill the 13th of the same month. Unto which Colonel Scott added that that house was taken for Mr. Crow when he was appointed Governor, and that Sir Beville Granville arriving before the year was out, a lease was then taken of the said house for him and his successors for the term of 20 years; that the rent of it is not above 120l. per annum; that as to the 5,000l. said to be laid out upon the house, the Governor could have no advantage thereby, because it was disbursed by a committee of the Assembly, and comes not in any manner under the Governor's management. But Colonel Cleland affirmed that the summe expended upon the house was but 3,000l. As to the other summes of 500l. and 600l., Sir Thomas Powis alledged that they were not given as presents. It was only a vote of the Assembly that those summes should be paid by the Treasurer for reimbursing the Governor's expences in sending out spy boats and getting intelligence, in receiving flags of truce, in maintaining of French prisoners and in house rent till Pilgrim's House should be ready for him, and the complainants themselves at the voting of these summes gave their suffrages for 1,000l. instead of the 600l. In proof whereof the said affidavits of Holder and Harpur (No. 11) were again read.
To the 6th article, relating to Scotchmen being put into places of trust, Sir Thomas Powis alledged that there was none put into places by the Governor that were not in places at his arrival, and called Colonel Cleland and Colonel Scot, who affirmed the same.
As to the 7th article, relating to Mr. Lee's having been brought from that island, Sir Thomas Powis said that that matter having already been examined by the Board, he would not enter any further into it.
As to the 9th article, relating to exactions upon masters of ships for liberty to sail, he said that all masters of ships were obliged to petition in time of war for permission to saile, and that by an Act for regulating and appointing of fees (page 47 of printed laws) the fees of each respective officer was appointed, and that, if the secretary had transgressed that Act, he was punishable. But he did not see how the secretary's irregularities in that matter could be chargeable upon the Governor no more than the 200l. mentioned in Mr. Ball's affidavit to have been given to the said Skene for stopping of the said fleet. And in order to show that the fleet was not so stopped without a sufficient cause, he produced a petition to Sir Beville Granville, signed by 24 merchants and others concerned, praying that the said fleet might be stopped for a week longer; and Mr. Ball (being asked) acknowledged that he procured the said petition to be signed, and delivered it to Mr. Skene at the same time that he swears to have given him the 200l.
To the 10th article, relating to the Governor's rejecting a petition of John Paston against Colonel Holder for several cruelties and abuses committed by the said Holder, Colonel Cleland said that the Governor informed him that the petitioner had refused to sign his petition; that the matter of fact of the said petition being false, the petitioner had desired of the Governor that it might be dropt, and that the petitioner himself had told him, the said Cleland, that he was put upon making the said petition by the complainants.
In answer to the 11th article, relating to undue proceedings at an election of a new Assembly, Sir Thomas Powis produced the minutes of Assembly of the 24th August, 1704 (No. 4), whereby it appears that upon the examination of the election of St. Lucy's, Colonel Maycock and Colonel Tyrrell had been found guilty of using violence to the sheriffe and menaces to other people at the said election, for which reason they were voted not qualified to be elected for that time. Sir Thomas Powis also produced a minute of Councill of the 11th of September, 1704, and the petition of Mr. Gourdon (No. 5), who acted as sheriffe at the said election of St. Lucy's, to prove the said violence offered by Colonel Maycock and Colonel Tyrrell, all which were read.
As to the 12th article, relating to the men of war going to Tobago, Colonel Cleland was called upon, who said that Tobago was more convenient for careening than Barbados was, and that ships there might sooner get into the latitude, and Colonel Scott said that wood was difficult to be had in Barbados.
Then Sir Thomas Powis, in order to shew the opinion that the inhabitants of Barbados, as also the gentlemen in England who have considerable estates in that island have of Sir Beville Granville's behaviour amongst them, he (sic) produced the copy of an address to her Majesty from the Councill and Assembly in commendation of Sir Beville Granville's administration, and praying her Majesty to continue him amongst them, which was read; as also a petition by several gentlemen in England concerned in that island, presented to this Board the 8th of the last month upon the same subject.
Then Mr. Cooper in his reply took notice that the first part of Sir Thomas Powis's defence, being a sort of recrimination upon some of the witnesses produced against the Governor, was no justification of the said Governor, unless it had been proved that the witnesses were perjured in some of the matters of fact by them sworn, or that they had been guilty of such crimes as would incapacitate them by law to be witnesses in any case whatsoever. And to Sir Thomas Powis's objection that Mr. Maycock and Mr. Tyrrell were not good witnesses, because they were parties concerned, he said that unless persons who think themselves injured were allowed to be witnesses, it would hardly be possible to make out any accusation of this nature.
And in order to clear the reputation of those gentlemen, the Lord Grey was desired to give a character of them, who said that during his government in that island he always look'd upon Mr. Maycock and Mr. Tyrrell to be men of honesty and of a settled reputation, and had observed upon all occasions that they were always zealous and hearty for the service of the government.
Then Mr. Cooper observed that the last part of Sir Thomas Powis's defence, viz. the address of the Councill and Assembly to her Majesty and the petition of the gentlemen in England to this Board aforementioned, were no proper defence to a direct charge; for there was no man in such a station as Governor but who might make friends, and might by his interest obtain such assemblies as would be ready at any time to address in his favour, and that if such addresses were taken as a defence, then it would be difficult, if not impossible, to make out any accusation against any Governor whatsoever.
Then he observed that the first article of the complainants relating to the harrassing of the militia, in order to the bringing in of the Bill by which they alledged the Governor would have got 3,000l., had been fully proved by the affidavits of Mr. Maycock, Mr. Tyrrell, Lawrence Row and John Curl. And he further remark'd that by the minutes of the Councill of the 18th January, 1703, which had been read as a proof that the Governor had the Councill's concurrence to the placing of guards on the coast, it appears that he had for some while before taken upon him to place such guards.
Then, in order to justify the allegations of the Governor's getting of 3,000l. by the foresaid Bill, the third enacting clause in the first page of the said Bill, and Mr. William Heysham and Mr. Ball's calculation thereupon, were read. The said calculation is as follows, viz.:—
One hundred and fifty sentinels, 8 serjeants, 6 drummers, 1 drum major, 8 corporals and 56 matrosses (the matrosses having liberty by the words of the Bill to inlist themselves for victuals and cloaths), each man to receive weekly seven pounds of beef, pork or fish.
But Mr. Cooper said that he urged this no further than that the Governor might have got that summe had the Bill passed. And Mr. Heysham said that he would be obliged to pay 3,000l. to the publick if they would make him paymaster of the two companies intended to be raised by that Bill.
Mr. Cooper further insisted that the 5th and 6th articles relating to presents had been fully proved by the affidavits of Mr. Maycock and Mr. Tyrrell, particularly that the minutes of Assembly had been altered in relation to the 600l., that it might not appear as a present, but as a reimbursement of the Governor's expence in receiving flags of truce &c., though no account of such expence was ever produced, which would not have been omitted had there been any such thing in reality; as to the 500l. for furnishing the Governor's cellars, the defendants not having made any reply thereunto, that article was to be looked upon as sufficiently proved. And her Majesty having been pleased to confirm the Act for giving the Governor 500l. for house rent, he did not insist any further thereupon.
But he insisted that they had proved the article, which relates to the bringing off of Mr. Lee, by the affidavit of Captain St. Loe, who swears to his having acquainted the Governor with his having the said Lee on board.
As to the article relating to exactions of 17s. 6d. on masters of ships, as mentioned in the affidavit of William Baily and Henry Keys for permission to sail (which he observed was raising of mony without law), he said they did not directly charge the Governor with it, though, it being but a new practice, it was not to be supposed that the secretary would presume to do it without the Governor's knowledge; however, he pressed it no further and submitted it to the Board for their judgment thereupon.
Mr. Dodd called Mr. Beddingfield to prove that this exaction upon masters of ships was a new practice, who said that when he was secretary of the island during the Lord Grey's government there (which was in time of peace), no petitions were presented for liberty to sail, and no such fees were taken, but only between 4s. and 5s. for every ship's going out and coming in.
He insisted also upon having proved by the affidavit of Mr. Maycock that the Governor had rejected the petition aforementioned against Colonel Holder, and though the matter of the petition was indeed proper for judicial proceedings, yet the Governor might have done the petitioner justice in directing proceedings to have been had thereupon.
And as to the men of war being sent to Tobago, he said he looked upon that as a thing of small consequence, and did not therefore insist upon it. But Captain Martin and Mr. Ball aforesaid affirmed that wood enough might be had in Barbadoes, and that ships might careen there as well as at Tobago.
These gentlemen withdrawing, Mr. Bernard, who had been present at the hearing [fo. 302, 321], acquainted their lordships that he had received a letter from the secretary (as mentioned in the first article of these minutes), signifying that their lordships had appointed Monday next for hearing the matter before them in reference to the four suspended counsellors, and made it his request that it might be further put off; and Wednesday next being named by the Board as a proper day, he said he could not be ready by that time, and desired that it might be on Fryday, the 16th instant, to which their lordships, upon his declaring he could not be ready sooner, agreed, and notice thereof was given to the Barbados agents accordingly.
A letter from Mr. Penn desiring to know what it is the Board expects he should surrender [fo. 233, 370] in order to his having a draught of the surrender of his government prepared and presented to the Board, was read; and thereupon ordered that he be acquainted that their lordships expect he should surrender his letters patent for the government of Pennsylvania, and all the powers therein contained, reserving to himself the propriety of the soil and the quit rents thereof.
An Order of Councill of the 2nd January last, upon the petition of Sir Thomas Lawrence, secretary of Maryland [fo. 346], praying that direction may be sent to the Governor of that province for settling and preserving the secretary's office there in the quiet possession and injoyment of its old and just rights, were (sic) read.
Three letters from Mr. Clifford [fo. 281, 372] of the 23rd February, 2nd and 9th March instant, acquainting their lordships that Mr. Shepheard and Mr. Gardner had gon thorough the examination of his accounts, and had drawn up their report, and praying their lordships to send to them for it, were read; and thereupon ordered that the secretary write to Mr. Shepheard and Mr. Gardner to desire them to dispatch the same, and that the said letter be inclosed to Mr. Clifford.
Then their lordships took into consideration the minutes of the 7th instant [fo. 302], taken at the hearing of the complaints of several gentlemen late of the Assembly of Barbados against Sir Beville Granville, and gave directions for preparing a draught of a representation thereupon [fo. 327].
Captain Lloyd attending [fo. 300], his accounts, mentioned in the minutes of the 23rd February last, were returned to him, and their lordships at the same time advised him to lay them before such office to whom it might properly belong to inspect the same.
The draught of a letter to Mr. Secretary Hedges [fo. 325], relating to the inconveniences arising by the absence of members of Councill from Barbadoes, and particularly Mr. Patrick Meine, one of the said counsellors (now in England), desiring that he may be obliged to return to Barbados, or that another person be appointed in his stead, was agreed and ordered to be transcribed.
Then their lordships took into consideration the draught of a charge [fo. 281, 323], as directed by an Order of Councill of the 12th of the last month, against Rhode Island and Connecticut &c., and made some progress therein.
Sir John Stanley and Mr. Weston attending, acquainted the Board that Sir Thomas Powis is very ill, and Mr. Pooley indisposed, and pray'd that instead of Friday next agreed on [fo. 317] for the hearing of the matters depending before this Board relating to the four suspended counsellors of Barbados, another day might be appointed, and their lordships agreed on Fryday, the 23rd instant [fo. 330], and thereupon ordered that Mr. Bernard be acquainted therewith. Sir John Stanly at the same time presented to the Board an affidavit of William Cleland in vindication of Sir Beville Granville, as also four affidavits, viz:—Of Mel. Holder, John Rolleston, Samuel Child and Paul Carrington relating to the guarding the coast by the militia in time of war &c.
Mr. Maycock, one of the late Assembly of Barbados, also attending, desired that he might have a sight of the report to be made upon the last hearing at this Board, before it was sent to the Queen in Councill, that he might, if matters were not fully represented, petition her Majesty, before any order might be made on the said report, to be heard before her Majesty in Councill; whereupon their lordships acquainted him that they did not think it proper to communicate to any person their reports before they be presented to her Majesty.
Mr. Docmenique laid before the Board a petition [fo. 270] in the name of himself and the rest of the proprietors of West New Jersey, representing that they have received information from their agents that the Lord Cornbury has acted contrary to his instructions for that government in several particulars in relation to the proprietors, and praying for a copy of the said instructions. Their lordships acquainted him that they could not give a copy of the whole, but only of such part as might have any relation to the proprietors, as had already been done to Mr. Dockwra, which was accordingly delivered to him.
Copy of an Order of Councill of the 18th upon a representation of the 15th December, 1704 [fo. 209; K. fo. 131], on an Act of New Yorke, declaring the illegality of the proceedings against Colonel Bayard and Alderman Hutchins for pretended high treason null and voyd, approving the said representation, and directing the Board to write to the Lord Cornbury accordingly, was read.
Francis Gahtman presented to their lordships a petition setting forth that, being forced from his imployment as surgeon in New England, in order to be an evidence against Captain Larimore and Lieutenant Wells, accessories to pirates, and, being in his voyage to New England carryed into France, he lost all he had, and praying their lordships recommendation of him, so as he may receive wherewithall to pay his debts and to inable him to return back to New England, was read; whereupon a letter was writ to Mr. Lowndes accordingly.
A packet from Sir Beville Granville received yesterday from Captain Windsor, commander of her Majesty's ship the Milford, was laid before the Board, containing only duplicates of his letter of the 18th September already received and of the papers and minutes of Council therewith transmitted, except the following paper, which had not been before received, viz.:—
Mr. Bridger presented to their lordships a memorial proposing methods for proceeding in the production of naval stores in the plantations, pursuant to the Act of Parliament passed this session [fo. 225, 348], and offering his service in the management thereof, was read; and he was ordered to attend the Board again on Tuesday next.
Ordered that a letter be writ to Mr. Lowndes to desire him to move the Lord Treasurer that the Board may have one hundred copies of the Act for incouraging the importation of naval stores from the plantations [fo. 225], in order to the transmitting the same to the several Governors on the continent, to be distributed in their respective governments.
A letter from Mr. Secretary Hedges of the 16th instant refering to this Board the draught of new instructions to be given to privateers [fo. 24, 327] was read, and their lordships made some progress in the consideration thereof.
Mr. Pacy presented to their lordships a petition of the merchants of Bristol [fo. 283], commanders of ships and inhabitants of Newfoundland now in England, to which is annexed a certificate under the hand and seal of the Mayor of Bristol that four of the petitioners had made oath to the truth of the allegations therein set forth against Captain Lloyd's irregularities in Newfoundland, which was read. He further communicated to the Board a petition to her Majesty, as also another to the Bishop of London upon the same subject, and he acquainted their lordships that he intended to present the petition to her Majesty on Thursday next.
A letter from Mr. Secretary Hedges of the 19th instant [fo. 329] refering to the Board a proposal offered to him for making practicable a trade to and from Spain by the subjects of England in neutral ships, was read.
Ordered that a letter be writ to Mr. Lowndes to desire him to move the Lord Treasurer that the Board may have 50 copies of the Act for prohibiting trade and commerce with France, and 50 copies of the Act to prevent all traiterous correspondence with her Majesty's enemies.
Their lordships made a further progress in considering the draught of a representation [fo. 327, 342] to her Majesty upon the complaints exhibited against Sir Beville Granville by some of the late Assembly of Barbados.
The proposals for opening a trade with Spain refer'd to their lordships by Mr. Secretary Hedges's letter of the 19th instant [fo. 327, 330], mentioned in the minutes of the 20th, were now taken into consideration, and several observations made thereupon.
A letter to Mr. Secretary Hedges, in answer to his of the 19th instant [fo. 329], refering to the Board some proposals for making practicable a trade to Spain, returning to him the said proposals with their lordships observations thereupon, was signed.
Mr. Lillington and Mr. Bernard [fo. 321], in behalf of the four suspended counsellors of Barbados, with Mr. Cooper and Mr. Dodd their counsell, on the one side, and the Barbados agents in the behalf of Sir Beville Granville, with Sir Thomas Powis and Mr. Pooley their counsell attending on the other; her Majesty's Order in Councill of the 21st of September last upon the petition of George Lillington, Michael Tyrrell, David Ramsay and Benjamin Cryer, praying to be restored to their places in the Councill of Barbados, from which they had been suspended by Sir Beville Granville, Governor of that island, as also her Majesty's Order in Councill of the 1st instant upon another petition of the said suspended counsellors, directing the Board to proceed upon the papers lately received from Sir Beville Granville, were read.
Then the councill (sic) for the petitioners said that they did not object against her Majesty's power of suspending and even of turning out counsellors when she should see fit; nor did they dispute the Governor's power of suspending; but that power being limited by his instructions, he could not suspend any counsellor arbitrarily (as they believe he had done in this case), he being required by his instructions, upon such suspension, to send over his reasons with the proofs for his so doing; and, therefore, if he had complyed with his instructions in transmitting the said reasons and proofs, they were ready to hear the same and reply thereunto. But if he have not sent the same, then they doubted not but the Board would look upon the said suspension as an arbitrary and unjustifiable proceeding, and hoped their lordships would accordingly represent it to her Majesty.
Then the counsell for the Governor said that he had sent over his reasons for suspending the said four counsellors, and in that had complyed with his instructions; but they objected to the method proposed by the other side, and alledged that, the petition begining with a charge upon the Governor, they ought to proceed upon that part first, and that it was incumbent upon the petitioners to make good the same. That no ill consequence had happened, but, on the contrary, all things had gone well since the said suspension; therefore they saw no reason why they should not proceed methodically, beginning with that which is first laid in the petition.
To which the counsell for the petitioners replyed, that the Governor, having suspended the said counsellors upon reasons best known to himself, was in reallity the first complainant, and therefore he ought first to make good his charge against the said counsellors by proof, according to his instructions; that they were ready to enter upon that part, and desired that, according to her Majesty's foresaid order of the 1st instant, their lordships would proceed upon it, and that they would undertake to make good their charge against the Governor, if they might obtain her Majesty's letter impowering the petitioners to take examinations in Barbados, as they had formerly desired.
The counsell thus disagreeing upon which part of the petition they were to begin, both sides were ordered to withdraw, and their lordships resolved that the counsell for the Governor should assign the reasons for the suspension of the said four counsellors, and that the others should answer thereunto, and being called in again they were acquainted therewith.
Then the counsell for the Governor said that the petitioners were suspended for incouraging faction and not attending in Councill, and produced the minutes of Councill of the 9th of June last [E., fo. 3] in proof thereof, which were read. And in order to prove that there was a faction in the island, which had obstructed all publick business, even before the Governor's arrival, they refer'd to the representation of this Board of the 26th of October last, as also to Mr. Attorney and Mr. Sollicitor Generall's report of the 1st of February last thereupon, which were read. They further refer'd to the Governor's speech to the Assembly, taking notice of the ill condition of the island, and advising them to lay aside animosities &c. in the minutes of Councill of the 14th of September, 1703, which were read. They added that, notwithstanding the Governor's said speech, eight of the members of the Assembly continuing still in the said factious disposition, and taking advantage of a custome settled amongst them that fifteen should make a quorum, absented themselves, and thereby obstructed all publick business in the Assembly; upon which the Governor writ a letter to the Speaker, dated the 2nd of November, 1703 [No. 4; fo. 1], taking notice of their delays and recommending to them dispatch in the publick business of the island, which was read. They further produced an address of the 9th of November, 1703, from twelve of the Assembly to the Governor [in the minutes of the Councill, B. 28], charging several of their own members with causing a stagnation in the publick business, which was read. They produced the Governor's speech to the Assembly the 16th of March, 1703 [Minutes of Councill, C. 21], further taking notice of the ill state of the island by reason of these absenting members not attending their duty, and requiring them to repair to their House for dispatch of the publick business; as also another representation of twelve of the Assembly to the Governor [Minutes of Councill, D. fo. 2] further charging the absenting members with breach of duty, as also the minutes of the 26th of May, 1704 [E. 1 and 2], to shew that the absenting members still persisted in the neglect of their duty; all which were read.
Upon which the counsel observed that having made out that there was a faction carryed on in the Assembly, if now they did shew that the petitioners countenanced, or at least did not censure, according to their duty, such obstructors of the publick business, they doubted not but that the charge of faction would plainly appear to their lordships to be fully made out. And in order thereunto they produced the minutes of Councill of the 8th of February, 1703 [C. fo. 7], where the Governor declares to the Councill that the want of money in the Treasury for the pressing and publick services of the island was occasioned by the absenting members, and desired them to consider of some method how to prevent such inconveniencies. They also produced the minutes of Councill of the 9th of March, 1703 [C. fo. 17], where the Governor asks the Councill's opinion about the absenting members, who unanimously declared that the said members had not done their duty in respect of the people that chose them; upon which the Governor further asking their opinion whether the said absenting members should be continued in any imployments civil or military, three of the said petitioners, viz.:—Mr. Lillington, Mr. Tyrrell and Mr. Cryer were not of opinion for turning them out immediatly, but that they should be summon'd to attend the Assembly on some short day, and if they did not then appear, that (unless they had some lawfull excuse) they should be removed from their places. But others of the Councill were of opinion that they should be immediatly removed.
Then the counsel for the Governor further observed that the said absenting members having been summoned, according to the foresaid advice, but not attending, the Governor again asked the Councill's opinion thereupon [D. fo. 7], who all agreed that they had not performed the appointments of her Majesty's writ, or the trust reposed in them by the people. Upon which the absenting members being summoned before the Councill the 26th of May, 1704, and admonished by the Governor to apply themselves to their duty, and reprimanded for their neglect thereof, they declared [E. fo. 1] that when any Bills were before their House which they believed for the service of the country and the honour of the Queen they would attend, and when they believed the Bills to be otherwise, they would absent themselves again, and desired time to offer some matters in favour of themselves. Whereupon the Governor asked again the opinion of the Councill whether the said absenting members ought not to be removed, and the four suspended counsellors gave their opinion that no determination might be taken till the said members had been heard, though others of the Councill were of opinion that they ought to be removed. Upon which the Councill was adjourned to the 6th of June [E. fo. 2]; but three of the suspended counsellors not attending then, there was not a quorum of the Councill, so that no determination could be taken, and they were again adjourned to the 9th [E. 3], at which time two of the said counsellors being again absent, and the Governor finding that the publick business was obstructed by their frequent absenting themselves, and that they did not give him the assistance he expected from them, he suspended the said Lillington, Tyrrel, Ramsey and Cryer.
And, in order to shew how oft the said counsellors had been absent, the counsel for the Governor refer'd to the minutes of Councill of the 18th and 25th of May, 1703, the 8th and 9th of June, the 6th and 19th of July, the 4th and 13th of August, 14th and 28th of September, the 5th, 6th, 12th, 19th and 26th of October, the 9th, 16th, 23rd and 24th of November, the 1st, 20th and 21st of December, 1703, the 9th, 14th, 16th and 21st of March, 170¾, the 8th and 28th of April, and 6th and 9th of June, 1704.
Then the counsel for the Governor insisted that they had made out the charge of faction and non-attendance against the said suspended counsellors. They further insisted that no ill consequence had happened from the said suspension; but, on the contrary, that all things had gone well, the debts of the island had been provided for by a Bill for a tax, which has been actually levyed, and a sloop and a brigantine fitted out in the country's service, and they called upon Mr. Holder and Colonel Cleland, who affirmed the same, and they produced the affidavits of Mr. Foulerton and Mr. Bates to prove the qualifications of several of the officers put in the places of those turned out.
Then the counsell for the petitioners alledged that the only method for curing the pretended faction of the absenting members of the Assembly was by a dissolution of the Assembly, according to the advice of the said suspended counsellors. They owned that faction was a good cause for suspension, and even for deprivation, if it were made out; but nothing of that nature appeared, for the suspended counsellors had several times censured the absenting members in Councill, and if they differed in opinion from the Governor in relation to the punishing the said absenting members, that was not to be imputed as a crime, for by her Majesty's instructions they were allowed liberty and freedom of debate and voting; and as for their absenting, it never had been objected to them as a fault till the day of their suspension; that no notice had been taken of the other counsellors who had frequently been absent; and that none had been more diligent in their attendance than Mr. Lillington and Mr. Cryer. And in order to give a good character of the said suspended counsellors, they produced the affidavits of Colonel John Kirton, Roger Webb, Colonel Tyrrell, Colonel Maycock, Edmond Bedingfield, and a letter from the Lord Grey to that effect; and then further called upon Mr. Heysham and Mr. Ball, who confirmed the same. But it being observed that some of the affidavits make mention of the Bill by which they pretend the Governor might have got 3,000l. had it past, Mr. Heysham was asked whether the said Bill was brought into the Assembly by the Governor's direction or procurement; he answered that he did not know who promoted it.
Then the counsel for the Governor observed that three of the foresaid affidavits (viz., of Mr. Kirton, Mr. Tyrrell and Mr. Maycock) were of parties to the complaint of the Assembly men against the Governor, and therefore no stress ought to be laid upon them; that it did not appear that the Governor had suspended the said counsellors out of any malice or prejudice against them, but meerly for the publick good, and that there had been no objection to the administration in Barbados since the alteration of counsellors and other officers. They further took notice that the foresaid Bill, which was so much feared by the petitioners, had not been moved in the new Assembly, which was some proof that the Governor was not concerned in promoting it in the former Assembly. And they further observed that if the Governor had dissolved the Assembly upon the forementioned advice of the suspended counsellors, no benefit would have accured thereby, because the said counsellors being still in place they would have so influenced the elections that the same persons would have been chosen again. That the charge of faction had been made out against the petitioners; for though they had agreed that the absenting Assembly men had violated the trust reposed in them, yet they were so tender of them that they would not consent to their removal from their places, which ought to be looked upon as an abetting or incouraging the said Assembly men in their factious proceedings.
Ordered that Sir Henry Ashhurst and Mr. Wharton [fo. 323, 341] have notice to attend the Board on Tuesday morning next, in order to receive from their lordships the charge against the governments of Connecticut and Rhode Island, pursuant to her Majesty's Order in Councill of the 12th of February last.
Their lordships agreed upon the draught of a charge against the proceedings of the charter governments of Connecticut and Rhode Island [fo. 340, 358], and ordered copies thereof to be sent to Sir Henry Ashhurst and Mr. Wharton, agents for those colonies.
A letter from the Board of Ordnance, signifying the death of Mr. Bell, ingineer at Jamaica, and desiring to know whether it be necessary that another be sent in his place, was read, and an answer thereunto signed.
Then their lordships proceeded in the consideration of the draught of a report [fo. 328, et infra] upon the complaints exhibited against Sir Beville Granville, Governor of Barbados, and made some progress therein.
A further progress was made in the draught of a representation [fo. 342, and infra] upon the complaints exhibited against Sir Beville Granville, Governor of Barbados, by seven of the members of the late Assembly there.
A representation [v. supra and 344] upon the petition of George Lillington, Michael Tyrrell, David Ramsey and Benjamin Cryer, praying to be restored to their places in the Councill of Barbados, from which they had been suspended by Sir Beville Granville, was agreed, and added to the representation upon the petition of the absenting members of the late Assembly agreed at the last meeting, and ordered to be transcribed.
A letter from Mr. Secretary Hedges of the 27th instant, directing a commission and instructions to be prepared for Colonel Park [fo. 345, 383] to be Governor of the Leeward Islands in the room of Sir William Matthew, deceased, was read, and directions given for preparing the said commission and instructions accordingly.
A representation [fo. 343, 376; K. fo. 25, 28] upon the complaints exhibited against Sir Beville Granville, Governor of Barbados, by seven members of the Assembly of that island, as also upon the petition of Mr. Lillington, Mr. Tyrrell, Mr. Ramsey and Mr. Cryer, praying to be restored to their places in the Councill from which they had been suspended, was signed.
A letter from Mr. Secretary Hedges [fo. 347] of the 28th instant, refering to the Board a petition of Mr. Edmond Dummer, praying that the duty of powder money may not be demanded of his packet boats in the West Indies, was read; and thereupon ordered that the Acts for laying the said duty in the respective islands be lookt out and laid before the Board.
Sir Thomas Lawrence attending, the Order of Councill of the 2nd January last [fo. 319] upon his petition praying that directions may be sent to Maryland for settling and preserving the secretary's office there, was again read; whereupon their lordships agreed to write to Colonel Seymour [fo. 352] that he preserve, as much as may be, the antient rights of her Majesty's patent offices, and that he give all protection to the secretary and other patent officers, and, in case such a Bill be past as Sir Thomas Lawrence mentions in his foresaid petition, that Colonel Seymour sent it over immediatly, with his reasons for passing the same.