America and West Indies
February 1704, 1-15

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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25-41

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'America and West Indies: February 1704, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 22: 1704-1705 (1916), pp. 25-41. URL: http://www.british-history.ac.uk/report.aspx?compid=73650 Date accessed: 28 July 2014.


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February 1704, 1-15

Feb. 1.
Westminster.
55. John Chamberlayne to the Council of Trade and Plantations. In consequence of your Lordships' Representation, the Society for Promoting the Gospel in Foreign Parts have found out two Reverend Divines, Mr. Smith and Mr. Moor, to be missionaries among the Five Nations. Repeats gist of Mr. Livingstone's letter Dec. 18, 1703 (q.v.), and list of requirements "which can hardly be compassed but by a royal purse." Signed, John Chamberlayne. Endorsed, Recd. Read Feb. 3, 170¾. 2 pp. [C.O. 5, 1048. No. 75; and 5, 1120. pp. 33–35.]
[Feb. 1.]56. Case of the Mohegan Indians in Connecticot. Repeats substance of Memorial of Dec. 3, 1703, and quotes Charter of Charles II. to the Governor and Company of Connecticot, and concludes:—Whether this being a controversy between the Indians and that Government, H.M. may, notwithstanding the privileges then granted to the said Government, grant a Commission to indifferent persons in that or the adjacent Colonies to enquire into and determine this matter, and also to put the Indians into possession of their lands in case it shall duly appear they have been wrongfully disseised etc. Endorsed, presented to the Board by Mr. Wharton and Mr. Hallam, Recd. Read Feb. 1, 170¾. No signature. 2 closely written pp. [C.O. 5, 1262. No. 66; and 5, 1290. pp. 417–421.]
Feb. 2.
Whitehall.
57. Council of Trade and Plantations to the Board of Ordnance. Desire an estimate for the stores of war required for the Leeward Islands by Governor Mathew. [C.O. 153, 8. pp. 238, 239.]
Feb. 2.
Whitehall.
58. W. Popple to Sir Edward Northey. The Council of Trade and Plantations desire your opinion upon the enclosed case of the Mohegan Indians [Feb. 1] as soon as conveniently may be, the convoys for those parts being very speedily to sail. Mr. Wharton will attend you in behalf of those poor Indians. [C.O. 5, 1290. p. 422.]
Feb. 2.59. Patrick Mein to Wm. Popple. In reply to letter of Jan. 26, I shall not have time to attend to their Lordships' commands before the Barbados Fleet is gone. As to the Flaggs of Truce, I can say very little more than what I have already. If their Lordships shall think fit to send for one Col. Scot, who is now in town and a Member of Council in Barbados, he will be able to give an accot. of all proceedings there as well as myself etc. Signed, Pat. Mein. Endorsed, Recd. Read Feb. 3, 170¾. ¾ p. [C.O. 28, 7. No. 14.]
Feb. 2.
Whitehall.
60. W. Popple to Sir Edward Northey, enclosing extract of Gov. Sir B. Granville's letter, Oct. 31, 1703, and the state of the case of Capt. Gilligan etc. The Council of Trade and Plantations desire your opinion how he and other H.M. subjects trading in that manner may be proceeded against. [C.O. 29, 8. p. 374.]
Feb. 3.
Treasury Chambers.
61. Mr. Lowndes to Mr. Popple. My Lord Treasurer taking notice that the several Bills of incidents [Dec. 25, 1703] are not signed by the Lords Commissioners in such manner as the Privy Seal directs, desires their signing thereof. He also observes that the prices charged are extraordinary high (particularly the staconary ware), especially since there can be no pretence of charge by the Tradesmen on receiving their money, because in every subsequent account you have inserted the charge of receiving the money on the preceding acct. of incidents. His Lordship therefore expects that you should take care for the future to manage the expense on account of incidents with all possible frugality. Signed, Wm. Lowndes. Endorsed, Recd. Read Feb. 8, 170¾. Addressed. 1 p. Enclosed,
61. i. Report to [? the Lord High Treasurer] to the above effect. Copy. 2½ pp. [C.O. 388, 75. Nos. 85, 85.i.; and 389, 36. pp. 171, 172.]
Feb. 3.
Whitehall.
62. W. Popple to John Chamberlayne. In reply to yours of the 1st inst. the Council of Trade and Plantations acquaint you that H.M. dos allow 20l. a piece to all Ministers going to the Plantations for their passage. They are of opinion that it will be a great incouragement to such Ministers if they can be assured of a benefice in England after so many years service, as may be thought reasonable, among the Indians. There being a Society for evangelizing Indians in New England, which has a considerable revenue by gifts from particular persons, their Lordships think it would be of some service if your Society could inform themselves how such summes of money as have been given for that end have been imployed. They will take care to recommend the said Ministers to the Lord Cornbury. [C.O. 5, 1120. p. 36.]
Feb. 3.
Whitehall.
63. Council of Trade and Plantations to the Queen. Report on the three Acts of Jamaica referring to Kingston and Port Royal. Summarise evidence given C.S.P., 1703. Continue; Upon which we humbly represent, that by an Act past in Jamaica and confirmed by his late Majesty in Dec. 1695, the town of Kingston is made a Port and does enjoy the liberty of loading and unloading goods and all other priviledges necessary to the carrying on a trade in the same manner as Port Royal then had. Upon consideration whereof and the reasons aforesaid, we humbly offer to your Majesty that the Act to prevent the resetling of Port Royal be repealed, that Act forbidding any publick offices to be kept or any market to be held, or the necessarys of life to be sold at Port Royal; that the Act to invest H.M. in land in Kingston for the reception of the sufferers by the late dreadfull fire at Port Royal, declaring Kingston to be the chief seat of trade and head port of entry, and fortifying West Chester, be likewise repealed, because (1) by that Act the rebuilding at Port Royal is prohibited and rents and annuities discharged, which in consequence would deprive the owners of their lands and others of their rent charges and annuities. (2) Because the forts at Port Royal which have 120 gunns mounted, and cost great summs of money, cannot well be supplied with necessaries, nor men to defend them, but by rebuilding the town of Port Royal; and it seems designed by the preamble of the said Act, that the said forts shall be slighted; whereas we are of opinion that the safety of your Majesty's men of war, and the security of the said Port, Trade, and Island does much depend upon the support and preservation of the said forts. (3) For that notwithstanding this Act be repealed, Kingston does and will enjoy all priviledges necessary to make it a port of entry and place of trade, by the Act that was confirmed by his late Majesty in Dec. 1695, to which no material addition is made by this Act, excepting the depriving Port Royal of all priviledges; whereas we are of opinion that it will be most agreable to the right of the Proprietors, prosperity of the Island, and for the advantage of Trade, that a free liberty be allowed, that the people there may take their choice as to building of houses, unloading of ships or carrying on their trade at either of the said places as their interest and inclinations may lead them. That the Act for making the Kay whereon Fort Charles and Fort William are erected Port of Entry be likewise repealed; for that by your Majesty's disallowance of the two forementioned Acts this last Act becomes altogether useless. So that upon the whole if it may please your Majesty to repeale these 3 Acts, the towns of Kingston and Port Royal will possess equal liberties and immunities in the enjoyment of their estates, and in the carrying on of their trade, which we humbly offer as the best expedient for the present securing the Island and resettling the trade thereof. We have very lately received a letter from Col. Handasyd (Nov. 27) together with several Acts past in the General Assembly of that Island, and amongst others one entituled an Act for raising a Revenue to H.M., her heirs and successors, for the support of the Government of this Island, and for maintaining and repairing H. M. forts and fortifications, by which your Majesty's Revenue is continued for 21 years to commence in October next pursuant to your Majesty's Instructions, wherein we conceive Col. Handasyd has done your Majesty very good service and deserves your Majesty's favour. [C.O. 138, 11. pp. 123–137.]
Feb. 3.
Whitehall.
64. Council of Trade and Plantations to the Queen. We have received from Governor Sir B. Granville an Act of Barbadoes for setling 500l. a year upon him for house rent, during his government. Your Majesty having given Instructions whereby the said Governour was limitted to the summ of 300l. sterling for house rent, these Instructions did not arrive at Barbadoes till after the passing of this Act, and the 500l. currant money of that Island not exceeding the sum of 370l. sterling, and the said Act in all other respects being conformable to your Majesties Instructions, we are humbly of opinion that your Majesty be pleased to approve of the said Act, the said Governour having since his receiving the said Instructions, refused a present of 2,000l. offered to him by the Assembly, and having in all other particulars behaved himself with great zeal and application in your Majesties service. [C.O. 29, 8. pp. 376, 377.]
[Feb. 4.]65. Sir Thomas Lawrence to the Council of Trade and Plantations. Not having enjoyed his health these two years last past in Maryland, prays leave to return to England and put in a Deputy to execute his office of Secretary till his return. Signed, Thomas Lawrence. Endorsed, Recd. Read Feb. 4, 170¾. 1 p. [C.O. 5, 715. No. 77; and 5, 726. p. 277.]
Feb. 4.
Whitehall.
66. W. Popple to Mr. Burchet. Enclose letter from Gov. Sir B. Granville (Oct. 31, 1703) relating to fleet from Barbados; to be laid before H.R.H. [C.O. 29, 8. p. 378.]
Feb. 4.
Whitehall.
67. W. Popple to Mr. Champante. I inclose a copy of the Lord Cornbury's letter relating to the Lady Bellomont's accounts. In relation to your desire of having the prosecution of the Lady Bellomont's securities at New Yorke suspended for six months longer, the Council of Trade and Plantations, before they take any resolution thereupon, desire to be informed whether her Ladyship will agree to the method of accounting, as proposed by the Lord Cornbury. [C.O. 5, 1120. p. 37.]
Feb. 4.68. Mr. Thrale to the Council of Trade and Plantations. Your Lordships having made a Representation to H.M. concerning the sending stores and cannon together with recruits to the Province of New Yorke, and, having apply'd myself to my Lord Nottingham's office to desire a speedy dispatch by reason the ships will be going out of hand, I was asked whether your Lordships had no new matter to represent for that Province; which if your Lordships have, I humbly beg that you not only do give it dispatch, but represent that it's highly necessary that his Lordship would facilliat those already sent down by your Lordships with all speed; for I am very well informed that, above all, they stand in very great neede of powder, and that the merchants here will ship none, by reason they are sensible the Government will have occasion for it, and command it out of their hands upon creditt. Signed, Jno. Thrale. Endorsed, Recd. Read Feb. 4, 170¾. 1 p. [C.O. 5, 1048. No. 76; and 5, 1120. pp. 37, 38.]
Feb. 5.
Barnstaple.
69. Mr. Webber to the Council of Trade and Plantations. Encloses following; I think it no difficult task [to reduce Newfoundland] (with Divine permission), could the Government allow but 10 frigots and 500 landmen well appoynted. I know Sir Francis Wheeler was sent there last warr to reduce it, but took very indirect courses to effect it. The last year a squadron was order[ed] for yt. expedition, but put it in execution too late, nor were the forces in a condition to enterprize. Heer are several ship bound for yt. Plantation this yeare, if they can have protections for their men. Signed, Peter (?) Webber. Endorsed, Recd. Feb. 9, Read March 21, 170¾. Addressed. 1 p. Annexed,
69. i. Reflections on the present settlement of Newfoundland. The French, by the great number of ships occupied in the Fishery (supposed to be upward of 800 saile) have encreased their seamen to that degree as to enable them to man such fleets wch. none of their predecessors could. They supply not only their own country with fish, but also Spain, Portugal and Italy, where they are always before us, to the utter ruin of our trade, for they are possest of the greatest part of that Island, the best fishing grounds, where the fish come sooner then where the English fish, making their voyages quicker, and can render their fish to markets at least 6 weeks sooner than we can. There is not that great quantities of ice on the coasts the French possess as on that wch. we enjoy, wch. obstructs our fishery, so that they end their voyages sooner etc. If entire to England twould breed us many thousand seamen yearly etc. 1½ pp. [C.O. 194, 3. Nos. 12, 12.i.]
Feb. 5.
Custome House, London.
70. Mr. Sansom to Wm. Popple. In answer to yours of yesterday's date, Mr. Patrick Mein was the last Surveyor General imployed in the Southern Plantations in America, which survey ended Feb. 1695/6, and in 1699 the Commissioners being acquainted that he was going from England with a prospect to stay in Barbadoes some considerable time on some affairs of his own, and having had experience of his former good service, they took that occasion (for saving of charge) to recommend to him severall matters relating to the Customes, of which he hath from time to time given them satisfactory accompts; and particularly since his return to England; and Col. Quary being lately established Surveyor Generall of the Customes in America, the Commissioners design, as occasion offer, to order him to go from the Continent and visit the Islands in that capacity. Signed, Jno. Sansom. Endorsed, Recd. Read Feb. 8, 170¾. Addressed. 1 p. [C.O. 28, 7. No. 15; and 29, 8. pp. 379, 380.]
Feb. 6.
Jamaica.
71. Lt. Governor Handasyd to the Council of Trade and Plantations. Acknowledges letter of Oct. 28 and Nov. 24 and Order of Council Nov. 18 in relation to prizes. For my part I have not directly or indirectly had the value of a glass of wine from any prize since I came into the country, laying that down for a rule at my first entering into the Government to be faithful to my trust, and never to eat H.M. fowls for fear the feathers should choak me. Sends duplicates of Acts sent Nov. 27. I hope they will be to your Lopps. satisfaction, for such a difficult piece of work I never did go through. Refers to enclosures, and embargo, which I hope, (having it confirmed by several who made their escape from the enemy, that they are not in a condition to make a general attempt on Jamaica) will in three or four days be taken off, I having called a Council for that purpose. As to the settling a Govern. in the Bay of Campeachie, I shall endeavour to give your Lops. a satisfactory acct. per next. As to the intreaguing, designing men, you have had some of them from this place already, and I wish you had two or three more, who fancy themselves greater men than any body else can believe they are, and want to bashaw it over Englishmen as over their slaves, which they never shall obtain as long as H.M. continues me in my post etc. Oppression has been too much accustomed here, therefore very hard to be broken off. As to the giving out arms to the Militia, I shall take all the care imaginable to take the Captains' notes for them. We are dayly fatigued by small parties of the enemy, who land in the night by sloops and barquelongos, running them into small cricks and covering them with bows, lying themselves in woods till they have an opportunity of surprizeing the Plantations, altho' I have taken every care imaginable in ordering the stations of the four men of war, and likewise have ordered soldiers to every place of consequence to keep guard there, but the Island being of so large extent, and but thinly inhabited, 'tis a meer impossibility to prevent all accidents of that nature with the small number of ships and soldiers that we have, since they can run over from Cuba in one night. I thank God the advantage they have made of us as yet has not been great, having not got 50 slaves since my coming to the Government, for which we have gott three times the number from them. They have made three attempts within these two months by small parties, the last of which was on the north side of the Island, where they landed 70 men and left ten in the Barquelongo and took from a Plantation 11 slaves, and designed to have gone farther into the country, but the country being alarmed, one of our Captains with 12 soldiers and 19 inhabitants marched above 20 miles thro' woods and over mountains, the River being high by great Rains prevented any more joyning them: they came up with the enemy as they were embarking and fell upon them so vigorously that they killed 20 upon the spott and took 4 prisoners, the rest making their escape in the Barquelongo; how many were wounded, I can't learn, but they have troubled us no more. The other two actions were much of the same nature, but the number of men less. Our people, not above one third, killed the enemy's Captain, wounded and took the Quartermaster and three more, and made them retire in great confusion. We are dayly threatened by the French and Spaniard to make a general attempt on Jamaica. I am sorry we are not in a better condition of defence, as to the number we have, I believe they are very good, and hope we shall shew ourselves faithful servants to our Queen and Country, and like true Englishmen not be daunted at their numbers. As to the state of the men of war, two of them are in a very indifferent condition, being much damnified by the worms, and the two fireships hardly able to float. As to the petition of the officers and soldiers, we do not doubt but it will have a very good issue, since your Lordps. have befriended us in that matter. Six months ago I writ to the Bishop of London, giving an account of the vacancys of the Parsonages here, and having no answer, makes mee believe tis miscarried, we having 16 parishes and no more than 5 Parsons, the rest being all dead or left us, which may prove of ill consequence if not remedied in making us turn Atheists. Altho' the sallarys of some are but small, yet the smallest Parsonage is commonly made up 120l. per annum. I enclose a letter to the Bishop, which, if your Lordships approve of, I desire you will order to be sealed and sent, etc. Signed, Tho. Handasyd. Endorsed, Recd. 30, Read 31 March, 1704. Holograph. 3 pp. Enclosed,
71. i. Copy of letter sent by Lt. Gov. Handasyd to the Spanish Governors of St. Domingo, Cartagena, Porto Bello and the Havanna in pursuance of Lord Nottingham's Instructions. Signed, Tho. Handasyd. Endorsed as preceding. 1½ pp.
71. ii. Copy of Instructions to the Master of the sloop carrying above letters, Dec. 17, 1703. See Minutes of Council of Jamaica, Dec. 7 and Jan. 11. Signed and endorsed as preceding. 1½ pp. [C.O. 137, 6. Nos. 36, 36.i., ii.; and (without enclosures) 138, 11. pp. 162–169.]
Feb. 6.
Jamaica.
72. Lt. Governor Handasyd to the Earl of Nottingham. I enclose a copy of my letters to the Spanish Governor etc. (see preceding). I hope it will have good effect, having understood by an Englishman that made his escape from the enemy that Señor Pemento, Governor of Cartagena, has retired to a Castle with several of his friends and stands upon his own defence, and I hope by the sloop that's gone with the flagg of truce to have a confirmation of the same, and that several others will follow his example, which if so, I hope Monsieur will have his hands full in these parts. Repeats parts of preceding. Signed, Tho. Handasyd. Endorsed, R. March 30, 1704. 2 pp. Enclosed,
72. i. Duplicates of above, i., ii. [C.O. 137, 45. Nos. 60, 60.i., ii.; and (duplicates) 137, 51. Nos. 1, 1. i., ii.]
Feb. 6.
Barbados.
73. Governor Sir B. Granville to the Council of Trade and Plantations. On the 3rd inst. the pacquet boat with the mail of Jan. 1 arrived here, but brought me from your Lordships only duplicates of what I had received before and acknowledged. I have very little to add except it be expressing the sence I have of your Lordships' favour in the promise you make me of endeavouring to obtain from the Queen's bounty a compensation for what I loose by the late restraining order. This pacquet boat is come so much quicker after the other then usual that the severall offices have neither got their duplicates ready of what I sent last nor the originals in relation to the prizes and Admiralty which I promist, however I hope they may be as soon in your Lordships' hands, intending to put them on board a merchant ship of good force which is bound hence for England in eight days. The Dreadnought which sailed from England in Sept. last arrived here on the 1st inst.; she had bin all that time at sea, bin separated from her fleet and suffer'd much damage by the violent storms and bad weather, Colonel Seymour, the Governor of Maryland, and his family is on board. Signed, Bevill Granville. Endorsed, Recd. 24th, Read 25th April, 1704. Holograph. 2 pp. [C.O. 28, 7. No. 16; and 29, 8. pp. 428–430.]
Feb. 6.
Antigua.
74. Governor Codrington to the Council of Trade and Plantations. Your Lordships command me to give an account of the affair at Guadaloupe. I wish I could my Lords, but tis really unaccountable in all respects, as to what preceeded and followed it. I could ask a great many questions which I believe it would be hard for anyone to answer, I must humbly own I cannot divine at the reason of the measures which were taken, why a few heavy foul ships were sent out without any light fregate, why no artillery or ammunition was sent, why the troops were sent out in so ill a condition and but half officered. Why such recruits were sent almost naked without arms fit for service, and none to take care of them but 2 or 3 young idle fellows and one drunken Major who soon dispatch'd himself. Why the fleet was so long coming to Barbadoes, and why they staid two months there, in the only season fit for action, that the officers, soldiers and seamen might have time enough to destroy themselves with debauchery, and loose their lives with poxes, fluxes and feavers, which might have been more usefully disposed of. Why the Commodore never gave me any notice of his being there, and why he afterwards came down so far to Leeward, that he might not be able afterwards to turn to Windward again, why there was so much perverseness and ill will to the Service in all the commanding officers in the Navy (except Col. Moses and Lt. Col. Martin, who did their duty extremly well) and why Guardaloupe was quitted, just when we were to reap the fruit of our hazards and fatigues, as we had indisputably done if the fleet had continued but five days longer for the arrival of Admiral Graydon, are misteries I cannot fathom. I could ask as many questions as to what followed. But that part may seem without my province, and therefore I shall not meddle with it. As to what relates to my own conduct, as well as the great pains, trouble and charge I was at in preparing for it, I think I may safely trust the representation of it to others, tho' I am very much aware of the envy and baseness of mankind. I have as ill an opinion of the management as any one living, but my scheme was not executed, and I had no command of the ships or boats, and I will venture to affirm very positively no expedition can succeed where there is not one sole Commander, unless Providence should work a miracle and effect an agreement between the land and sea officers. The resolutions taken in the several Councills of Warr, particularly one letter to the Commodore will give your Lordships a great deal of light, I could be more particular, but am unwilling, since I cannot be at home to explain and justify my observations. I did, I believe, more then another General would have done in my place. For when I had got a bloody flux by overfatiguing myself, I kept it private for severall days and supported myself as well as I could with vast quantities of laudanum to which I attribute the loss of my sight, as to a severe cold which I caught during my illness, the loss of my limbs and the terrible pains which I was afflicted for four or five months after frequent bathings and drinking great quantities of cold water (which I take to be the West Indian panacea) have at length wholy restored me to my health and I am now able as I shall always be willing to serve H.M., whenever she pleases to employ me. I humbly hope my zealous endeavours in all respects have been accepted, success was not in my power, especially where I had so little authority, for I had not any commission to call a Court Marshall or punish disorders, till Admiral Graydon's arrival when the business was over. Signed, Chr. Codrington. Endorsed, Recd. 24th, Read 25th April, 1704. 3¾ pp. Enclosed,
74. i. Copy of proceedings of a Council of War held on board H.M.S. Boyne, Feb. 20, 1702/3, in relation to the expedition at Guardaloupa. See Cal. 1703. No. 737. Same endorsement. 6½ pp. [C.O. 152, 5. Nos. 48, 48.i.; and (without enclosure) 153, 8. pp. 276–280.]
Feb. 6.75. Duplicate of preceding. Holograph. 4 pp. [C.O. 152, 5. No. 49.]
[Feb. 8.]76. Draught of an Instruction received from the Treasury to be inserted in H.M. Instructions to Col. Mathew. "And whereas severall Prizes were taken in the last warr with France and carried into the Leeward Islands, of which no due accompt has been rendered to the Crown, you are therefore to give the necessary orders and to be otherwise aiding and assisting within your Government to all such persons as are appointed for the recovery of the arrears due for such Prizes" etc. Endorsed, Recd. Read Feb. 8, 1703–4. ¾ p. [C.O. 152, 5. No. 51.]
Feb. 8.
Whitehall.
77. W. Popple, jr., to W. Lowndes. Encloses accounts signed by the Commissioners as desired, Feb. 3. The accounts of postage are wholly for letters from the Plantations, which are rated in the Post Office, and if there be therein any excess, it cannot be controuled by my Father. As to the accounts of the Woodmonger and Stationer, my Father is assured by them that scarce any other Office about Whitehall is furnished with the like sorts at so cheap rates, nor that the quantities expended in any office where so much buisness is done are so small as in this. As to the account of petty expences, which is for disbursements made by my Father himself, he is ready however unusual to attest the truth thereof upon oath, and will endeavour to manage all the incidents, as he has allways done, with all possible frugality, and therefore desires you to do him the justice to represent him to my Lord Treasurer as not having needlessly expended any money that has gone through his hands. [C.O. 389, 36. pp. 172–174.]
Feb. 10.
St. James'.
78. Order of Queen in Council. Referring petition of Jeronimy Clifford, (that he has not yet had any good effect from the several applications made to the States General in the matter of his estate in Surinam, and praying for redress) to the Council of Trade and Plantations, who are to recommend the consideration of his case [see Cal. A. and W. I. 1702. Nos. 360.i.–iv. etc. and Acts of Privy Council II. No. 551.] to some able merchants to adjust his accounts, and then to report thereupon. Signed, John Povey. 1 p. Enclosed,
78. i.–lxxiv. The case and claims of Jeronimy Clifford referred to in preceding. [C.O. 388, 75. Nos. 86, 86.i.–lxxiv.]; and (without enclosures) 389, 36. pp. 175, 176.]
Feb. 10.
Whitehall.
79. Council of Trade and Plantations to the Queen. Propose Charles Long and Richard Thompson for the Council of Jamaica as recommended by Lt. Gov. Handasyd. [C.O. 138, 11. pp. 137, 138.]
Feb. 10.
Whitehall.
80. Council of Trade and Plantations to the Earl of Nottingham. Recommend Sir T. Lawrence's petition (Feb. 4), his absence not to be above 18 months. [C.O. 5, 726. p. 278.]
Feb. 10.
St. James'.
81. Order of Queen in Council. Approving above Representation and ordering warrants to be prepared for H.M. signature accordingly. Signed, John Povey. Endorsed, Recd. Read Feb. 18, 170¾. 1 p. [C.O. 137, 6. No. 37; and 138, 11. p. 150.]
Feb. 10.
Whitehall.
82. Council of Trade and Plantations to the Queen. Recommend Dudley Diggs to be a Councillor of Virginia. [C.O. 5, 1360. p. 453.]
Feb. 10.
St. James's.
83. Order of Queen in Council. Upon reading Representation (Feb. 3) and a petition of the Merchants and Planters of Jamaica, the three Acts referred to are repealed and declared null and voyd and of none effect. Signed, John Povey. Endorsed, Recd. Read Feb. 18, 170¾. 2 pp. [C.O. 137, 6. No. 38; and 138, 11. pp. 147–149.]
Feb. 10.84. Mr. Thrale to the Council of Trade and Plantations. Having told Mr. Warr that your Lordships have no new matter to represent for New Yorke, he tells me, unless yr. Lordships do signifie by letter, yt. the ships are going with all speed and that it would be convenient that a dispatch may be given to those representations etc. as lye before H.M. for New Yorke. Signed, Jno. Thrale. Endorsed, Recd. Read Feb. 10, 170¾. Addressed. ½ p. [C.O. 5, 1048. No. 77; and 5, 1120. p. 39.]
Feb. 10.
Whitehall.
85. Council of Trade and Plantations to the Earle of Nottingham. The convoys for the continent of America being shortly to saile, we remind your Lordship of the Order of Councill, May 1st, upon the Report of the Board of Ordnance relating to stores of war for New Yorke, that your Lordship be pleased to lay the same before H.M. as soon as may be, those stores being absolutely necessary for the security of the Colony. 1 p. [C.O. 5, 1084. No. 20; and 5, 1120. p. 40.]
Feb. 11.86. Col. Mathew to the Council of Trade and Plantations. By his Commission and Instructions as Governor of the Leeward Islands, he hath no power given him to direct the service of such ship of war as shall be appointed to attend the Leeward Islands, nor any authority given him to oblige the Commanders, officers and seamen of such ships to do their duty, nor is there any power to that effect in his Commission as Vice-Admiral of the Leeward Islands, that relating wholly to the civil jurisdiction of the Admiralty. The Governours of the Leeward Islands have been always empowered to command and direct the service of such ships of war as have been appointed to attend there, and without which the service of such ships of war will be altogether precarious and uncertain. Although directions may be given from time to time to the Commanders of such ships of war as shall be sent to the Leeward Islands to observe the orders of the Governour, yet if the Governour be not authorized to command them, H.M. service must very much suffer, and those stationary ships become in some manner useless. Prays their Lordships to represent this matter to the Lord High Admirall, that such Instructions may be given him as shall seem meet and proper, and that he may have a copy of such part of the Instructions to the Captain of such stationary men of warr, as are appointed for the service of those Islands from time to time, that he may govern himself accordingly. Endorsed, Recd. Read Feb. 11, 170¾. 170¾ pp. [C.O. 152, 5. No. 52; and 153, 8. pp. 244–246.]
[Feb. 11.]87. (a) Robert Beverly to the Queen. In an ejectment brought by Francis Ballard, lessee of Samuel Selden and Rebecca his wife against John George, for certain lands in Elizabeth City. County in Virginia, the Jury, April 23, 1703, found a general verdict against petitioner with excessive damages, contrary to evidence and right, and upon appeal before your Majesty in Council, judgment being granted, whereby the General Court of Virginia will deny the petitioner any further process, he therefore prays an Order of Leave that he may take in Virginia a writ of attaint and inquire in the said verdict. Signed, R. Beverley. Countersigned, John Povey. Copy.
(b) Order of Queen in Council. St. James's, Feb. 3, 1703(–4). Referring above to Mr. Attorney General for his opinion what may be fit for H.M. to do therein. Signed, John Povey. Copy.
(c) Attorney General to the Queen. Petitioner is intituled to a writ of attaint without suite to your Majesty, and not having been denied it by your Majesty's Courts in Virginia, I do not see any reason for your Majesty to give any direction for his having a writ which he may sue out of course.
But as the Petitioner's case is the question tried by the Jury, being matter of title arising on construction of deeds and wills, in determining which the Jury (it's probable) followed the directions of the Court in which the cause was tried, I see no ground for his troubling the Jury by a writ of attaint; and therefore I am humbly of opinion it will not be reasonable to give any countenance to it by your Majesty's Order, and the rather for that your Majesty hath been pleased, on affirming the judgment given against the Petitioner, to direct that, if he shall think fit to bring another ejectment for regaining the lands lost by the verdict found against him, and desire the title may be specially found, that it shall be so found, which will be a proper method for his relief. Signed, Edw. Northey. The whole endorsed, Recd. Read Feb. 11, 170¾. 4 pp. [C.O. 5, 1313. No. 38; and 5, 1360. pp. 449–452.]
Feb. 12.88. Office of Ordnance to the Council of Trade and Plantations. Enclosing estimate for stores of war wanting in the Leeward Islands [Feb. 2]. Signed, Granville, C. Musgrave, Ja. Lowther, Wm. Bridges. Endorsed, Recd. Read Feb. 18, 170¾. 1 p. Enclosed,
88. i. Estimate referred to above. Total, 2,199l. 4s. 5d. + Freight, 550l. 2 pp. [C.O. 152, 5. Nos. 53, 53.i.; and 153, 8. pp. 250–252.]
Feb. 13.
St. James's.
89. Order of Queen in Council. Approving Representation [of Feb. 3] and ratifying the Act of Barbados referred to. Signed, John Povey. Endorsed, Recd. Read Feb. 18, 170¾. 1 p. [C.O. 28, 7. No. 17; and 29, 8. pp. 386, 387.]
Feb. 14.
Whitehall.
90. William Popple, jr., to Mr. Burchett. Enclosing copy of Col. Mathew's Memorial, Feb. 11. [C.O. 153, 8. p. 246.]
Feb. 14.
Whitehall.
91. Earl of Nottingham to the Council of Trade and Plantations. Col. Rd. Downes has been so highly recommended as ye fittest person to be of ye Council of Barbados, that H.M. desires to be informed whether you have any other objection, than that he is not ye first upon the list of those who are designed for it. Signed, Nottingham. Endorsed, Recd. Read Feb. 21, 170¾. Holograph, 1 p. [C.O. 28, 7. No. 18; and 29, 8. p. 387.]
[Feb. 14.]92. Daniel Cox to the Council of Trade and Plantations. [Reply to Memorial by Sir T. Lane etc. Jan. 27.] Mr. Dockwra's recommendation of me was absolutely without my knowledge. My father absolutely denies having sold his entire interest in those Provinces, but reserved to himself very considerable tracts of land, as the conveyance etc. will prove. Had these Gentlemen any such right as they pretend to, and any writings to confirm it, they surely would never suffer those contumelys and reproaches wch. are every day thrown on them, not only by some of their own Agents and perticular purchasers, but by almost the whole country, who for near 12 years have demanded them to be sent over to the Province and entered upon the Register, wch. is always customary, and without which no man can bee assured or secured in the possession of his lands and estate. I deny encouraging any faction. Lord Cornbury has seen fit to intrust me with the command of all the forces in the Western Division of New Jersey etc. etc. I can prove that what monys I received for any lands in New Jersey was some months before the arrival of your Lordships' Instruction to Lord Cornbury or my knowledge of it, and nothing but my indisputable right could have secured the payment. The wealthier people think the (qualification) part of the Constitution of so small security to themselves or the country, that they are extreamly fearful least the meaner sort of people being discontented hereat should leave the Province. Should your Lordships admit these Gentlemen's plea against me, for the very same reasons I humbly presume you will expunge Mr. Lewis Morris, their Agent. I was almost the only man in the Western Division that publicly opposed the transaction regarding the purchase of land from the Indians. Signed, Daniel Cox, jr. 9 pp. [C.O. 5, 970. No. 17.]
Feb. [14.]93. William Dockwra to the Council of Trade and Plantations. Reply to Memorial, Jan. 27. His address was only on behalf of Mr. Sonmans, by special direction of the Committee and on behalf of the Proprietors of the Eastern Division, of whom all that were in England (except these factious subscribers and their partners) had then constituted Mr. Sommans their Agent, the Committee of Proprietors having his orders and instructions at that time under consideration for his dispatch, his Commission being delivered to him under the hands and seals of all the Proprietors in England as aforesaid, except those men who usually stile themselves ye West Jersie Society, who might have signed it too, if they had not thought themselves too great to condescend to a friendly compliance with the rest etc. Mr. Dockwra would not exchange his single interest for the whole joynt interest that the Society has in the Eastern Division. His reputation is unblemished etc. Signed, Wm. Dockwra. 3 pp. [C.O. 5, 970. No. 18.]
[Feb. 14.]94. Peter Sonmans to the Council of Trade and Plantations. Answer to same. Losses in the war cause his bankruptcy; his creditors are long ago paid. Some of the signatories not only failed many years ago but omitted to give their creditors any satisfaction. He has for divers years been possessed of 5¼ Proprietys of the Eastern and 2 of the Western Division, his title never disputed save by Joseph Ormston, whose bill was dismissed with costs. The Proprietors of the Eastern Division being in England, who for many years have had the management of all affairs, having among them 14 of the 24 Proprietys, being desirous to have the advice and consent of all their fellow Proprietors in the choice of a General Agent, before they chose him, not only summoned the West Jersey Society, who among them have but 2 Proprietys, to all their intended meetings, but also frequently mentioned the occasion and necessity thereof to induce them to come; wch. letters, or several of them, Sir T. Lane, whom they call their President, owned to have received. But none of them attending, the other Proprietors chose Sonmans and signed his Commission, and ordered him to desire the Society's concurrance. He left his Commission with Sir T. Lane and Mr. Docminique. The latter told him the Society had no objection to him, and would sign it if new drawn without the clauses relating to Mr. Dockwra etc. etc. Signed, Peter Sonmans. Endorsed, Recd. Read Feb. 14, 170¾. 2 pp. [C.O. 5, 970. No. 19.]
Feb. 14.
Nevis.
95. Governor Codrington to the Council of Trade and Plantations. I send your Lordships Lieut.-Col. Ling's and Capt. Parry's accounts of the prizes, whom I appointed Commissarys, and it was a favour to me they wd. accept of ye employ. I have not toucht one farthing of ye produce, nor have I, nor would I upon any terms concern myself with publick money. I smarted sufficiently by ye delays yt. were used in making up my Father's accts., and had been 10,000l. a saver if I had immediately have come to ye Indys upon my Father's death, but as I had need of a great deal of patience then, I have still so, and instead of growing rich by my employ, and by my faithfull and zealous services to the Crown, I have attained some qualitys, wch. I did not bring into the world with me, and which I hope will doe me more good than an estate. I have not received the furlow your Lordships promist me, tho' my Lord Orrery went once and sent twice to ye Secretary's Office for it, so that I shall loose a year by it. My successor cannot well be expected before June; I must be contented to stay till ye spring after. I shall bear this and everything else patiently, till some mistakes are rectified, wch. I must believe I lye under, or else I cannot think the Queen would have given away my Government before I had had ye honour to kis her hands and give her an account of my conduct. I am very easy under this because I shall soon put things in a better light upon my arrival and your Lordships shall be so far my inquisitors, that I will oblige myself to answer all the questions you will give yourself ye trouble to ask me upon oath, without any reserves whatsoever, and I wish all West Indian Governours were to doe ye same by a Law. I have been so far from making any unlawfull advantages that I have not taken the usual fees, tho' of five years salary, which will be due to me May 1 next, I have yet recd. but 900l. this country money, which reduced to sterling will not be one year's salary. I hope your Lordships will be pleased to recommend my case to my Lord Treasurer; ye worst of servants are paid their wages when they are turned off. I humbly beg one favour more of your Lordships, which is, that you will be pleased to let H.M. know I doe not desert her service, but since I have recovered my health, shall be always ready with as much zeal and affection as any Englishman wtever to hazard my life, wherever she will please to commend me. I beg ye honour of your Lordships' good opinion till you are convinced I doe not deserve it. Signed, Chr. Codrington. I shall meet the Assembly of this Island tomorrow and hope to get ye Antigua Act past here. Endorsed, Recd. 24th, Read 25th April, 1704. Holograph. 2 pp. Enclosed,
95. i. Reply of the Assembly [of Nevis] to H.E. Speech. The wholesome counsell this day recommended for our future conduct, and that excellent proposall in relation to our Laws, confirms in us those undoubted proofes your Excellency has repeatedly given of your heartiness and zeale for the good and wellfare of the People wee represent, and as Capt. Nathaniel Crump with 5 Members more are appointed to return your Excellency the humble thanks of this House for the same, so are they likewise ordered to assure your Excellency wee shall cheerfully and readily contribute to the good work therein mentioned. Signed, George Gamble, Speaker. Endorsed as preceding. ¾ p.
95. ii. Lt.-Col. Ling to Governor Codrington. Encloses accounts of the Lord High Admiral's tenths, for the time of my acting as Commissioner of Prizes, ye ballance of wch. is ready for those who shall be directed to receive ye same. Mr. Sygismond Cooper by a second hand lately sent me for perusal a Commission he hath for receiving ye aforesaid tenths, which according to my small knowledge does not impower him to receive what hath already been collected, but have offered to pay him upon his bond to indempnefy me etc. Signed, W. Ling. Nevis, Feb. 15, 170¾.
95. iii. Accompt of the Lord High Admiral's Tenths of (4) prizes condemned in Nevis July, 1702–March 27, 1703. Total, 284l. 12s. 8½d. Signed, Wm. Ling. Endorsed as No. 95. 1 p.
95. iv. John Perrie's Account of Prizes condemned at Antigua since the wars. Feb. 6, 1703. Signed, Jno. Perrie, Register of the Admiralty Court. Same endorsement. 6 pp. [C.O. 152, 5. Nos. 50, 50.i.–iv.; and (without enclosures) 153, 8. pp. 271–275.]
Feb. 15.
Whitehall.
96. Earl of Nottingham to the Council of Trade and Plantations. The Queen having appointed Col. Thomas Handasyd to be Governour of Jamaica, H.M. would have you prepare his Instructions and Commission for her approbation. Signed, Nottingham. Endorsed, Recd. Read Feb. 21, 170¾. 1 p. [C.O. 137, 6. No. 39; and 138, 11. p. 151.]
Feb. 15.
Whitehall.
97. Council of Trade and Plantations to Col. Codrington. Wee have received no letter from you since yours of Aug. 8 last, but have writt to you Oct. 28 and Nov. 24 last, whereof duplicates have also been dispatched to you. We are at present to acquaint you, that H.M. having been pleased to gratify you in your desire of coming to England, has appointed Collonel Mathew to succeed you. H.M. having been pleased to refer to our consideration a Presentment from the Commissioners of the Customes relating to your forbidding the officers from collecting the duty of 4½ per cent. in the French part of St. Christophers, and having consulted H.M. Attorney General thereupon, we reported our opinion to H.M., a copy whereof is here inclosed, as also a copy of H.M. order thereupon for your information. We have laid before the Admiralty the want of sailers in the men of war that attend the Plantations, and the necessity of having a sufficient provision of supernumerary seamen on board those ships which may supply the places of those that become deficient; and we have likewise offer'd to them the want of guard-ships necessary for the Leeward Islands, and of convoys for their trade. And what the Lord High Admirall shall order thereupon will be sent you by the first opportunity. Wee send you here inclosed a letter from the Earle of Nottingham, by which you will see how you are to govern yourself in this conjuncture, in relation to the Spaniards. [C.O. 153, 8. pp. 247, 248.]
[Feb. 15.]98. Leonard Compere, Receiver General of Jamaica, to the Council of Trade and Plantations. By a recent Act of Jamaica, for raising an Additional Duty, the Receiver has been allowed only 2½ per cent. of the tax, he or his Deputy to enter into a bond of 5,000l., conditioned to account with the Assembly; and by another Act for Raising a Revenue, petitioner's percentage on customs etc. has been reduced from 10 to 5 p.c., and he obliged to enter into security for 5,000l. conditioned to account to the Governor and Council or Assembly, by which H.M. Prerogative is restrained and petitioner's freehold apparently prejudiced; prays their Lordships to represent the same, that H.M. may repeal the said laws, "the rather for that the said Assembly consisting of 32 persons, 8 whereof were expelled the House and 7 of them chosen again and another person in room of the 8th, but the 25 sitting Members refused to admit them, and made a new parish and received 2 new Members for the same" etc. Signed, Leonard Compere. Endorsed, Recd. Read Feb. 15, 170¾. 1 large p. [C.O. 137, 6. No. 40.]
Feb. 15.99. W. Popple, jr., to J. Champante. The Council of Trade and Plantations desire your speedy answer to the letter writ you the 4th inst., they being now about to write to my Lord Cornbury. If you can produce to them a certificate from any of the auditors of the Exchequer of the method of accounting here, and if that be different from the method proposed by the Lord Cornbury, their Lordships will then send a copy of it to him for his direction. [C.O. 5, 1120. p. 41.]
Feb. 15.
Whitehall.
100. W. Popple, jr., to Sir E. Northey. Enclosing clause in the Charter of the Massachusetts Bay (see March 22). The Council of Trade and Plantations thereupon desire your opinion whether H.M. may not by her Royal Prerogative establish a Court of Chancery in the said Province, notwithstanding the aforesaid clause. [C.O. 5, 911. pp. 205, 206.]