America and West Indies
March 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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62-76

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'America and West Indies: March 1704, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 22: 1704-1705 (1916), pp. 62-76. URL: http://www.british-history.ac.uk/report.aspx?compid=73652 Date accessed: 21 October 2014.


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March 1704, 1-15

? March 1.
(Written February.)
Office of Ordnance.
150. Board of Ordnance to the Council of Trade and Plantations. Enclose following. Signed, C. Musgrave, Wm. Bridges. Endorsed, Recd. Read March 2, 170¾. 1 p. Enclosed,
150. i. Estimate of the value of the stores required for Barbados. [See Feb. 28.] Total, 7,667l. 6s. 5d. 3 pp. [C.O. 28, 7. Nos. 22, 22.i.; and 29, 8. pp. 392–395.]
March 2.
Whitehall.
151. Council of Trade and Plantations to the Queen. We humbly lay before your Majesty the draught of a Commission for Col. Handasyd to be your Majesty's Captain General and Governor in Chief of Jamaica, together with an additional Instruction relating to quarters for your Majesty's Regiments there. Annexed,
151. i. Additional Instruction to Governor Handasyd. Whereas by an Act past in Jamaica in June last, entituled an Act for raising money for providing an addition to the subsistance of our officers and soldiers, it is left to the choice of the inhabitants either to receive the soldiers into their houses or pay them 5s. per week for quarters, by which means the soldiers receiving this money misspend it to the ruine of their health and are frequently left without quarters, it is our will and pleasure, that you recommend to the Council and Assembly the case of the said officers and soldiers, so that a clause may be inserted in a future Act, or other provision made by which quarters may be secured to the soldiers, and not money allowed them instead thereof, whereby the forementioned inconveniences may be prevented. [C.O. 138, 11. pp. 151–153.]
March 2.
St. James's.
152. Order of Queen in Council. Approving above Representation, and ordering the said draught of a Commission for Governor Handasyd to be prepared for H.M. signature and to pass the Great Seal. Lord Nottingham is to prepare the said draught of an Instruction, both which are hereunto annexed, for H.M. Royal Signature and sent to the said Governor. Signed, John Povey. Endorsed, Recd. Read March 9, 170¾. 1 p. [C.O. 137, 6. No. 41; and 138, 11. pp. 153, 154.]
March 2.
Whitehall.
153. Council of Trade and Plantations to the Queen. We humbly offer that the stores required [Feb. 28], or such part thereof as the present state of the Revenue of 4½ p.c. arising in the Charibbe Islands may answer, be sent to Barbadoes for the security thereof. [C.O. 29, 8. p. 396.]
March 2.
St. James's.
154. Order of Queen in Council. Referring above Representation to the Lord High Treasurer, who is to consider how far the demand may be complyed with in relation to the present state of the Revenue of 4½ p.c. Signed, John Povey. Endorsed, Recd. Read March 9, 170¾. 1 p. [C.O. 28, 7. No. 23; and 29, 8. pp. 409, 410.]
March 2.
Whitehall.
155. Council of Trade and Plantations to Mr. Secretary Hedges. Enclosing report upon petitions of Sir Richard Levett etc. to be laid before H.M. 1 p. Note on back: H.M. approves of the Report so far as yt. ye ships shall not be stopt for convoys: letters to the Governors accordingly; as to the press, care is taken for that in a Genll. Standing Order to ye Governor and Commander. Enclosed,
155. i. Sir Richard Levett and William Lone, in behalf of themselves and the rest of the owners of the Dolphin and Mermaid now lying in Bristol outward bound for Callabar. These ships, carrying letters of marque, and being lately arrived from Virginia, where they delivered in Sept. last 546 slaves for the benefit of the inhabitants there and in Maryland, and paid also to the said Governments 546l. by virtue of an Order of Councill in those Colonies made for all ships bringing slaves there to pay 20s. per head for every slave towards the building of a Colledge and other charitable uses, and were afterwards not permitted by the said Governours of Virginia and Maryland to take in any of the growth of those Plantations, unless they would continue there untill a convoy should present from some other of your Majesty's Plantations, there being, no convoy there to convoy them to England, altho' built on purpose to saile without convoy, nor were permitted to clear in their ballast directly from thence for England, but were obliged upon their being cleared, to give bond to touch at the Island of Maderas, which severe usage being of great discouragement to your Majesties subjects adventuring their estates for the support of your Majesties Plantations and to trade in general, Petitioners pray for H.M. letters commanding all and every of the Governours of your Majesties Plantations in the West Indies or Virginia, into what Port soever the said ships shall of choice put in or by contrary winds be forced into, not to detain them beyond the time their Commanders shall judge agreeable to the interest of the owners, nor that any of their ship's crew shall be lyable to be imprest by any of your Majesty's Commanders of ships of war etc. 3½ pp.
155. ii. Sir Richard Levett and William Lone to the Queen. In a former petition laid before your Majesty in Council, Feb. 18, the merits of which was referred to the Lords Commissioners for Trade and Plantations by Sir Charles Hedges, with an exception to so material a part in it as related to the impressing of ye men, to which they in all humility refer. Since so few ships are concerned in the African Trade on account of the great hazards which particularly attends that Trade more than others, and the said Trade is of so great advantage to your Majesty's Plantations in America, and generally at the arrival of such ships from Guinea at Jamaica, or any other of your Majesty's Islands etc. in those parts, one half of the ship's crew are disabled by sickness, Pray for protection for these ships; "Otherwise their Letters of Mart, which might make them of service to your Majesty's Government under ye force of their full complement of men, may render them a sacrifice to the watchfulness of their enemys." 1 p. [C.O. 5, 3. Nos. 11, 11.i., ii.]
March 2.
Whitehall.
156. Council of Trade and Plantations to the Queen. Report on above. Though it do's in the Generall very much contribute to the security of a trade that all ships bound from the Plantations to England do saile with convoy according to your Majesty's Instructions to your Majesty's Governors in America, yet forasmuch as these two ships are designed for the coast of Guinea and from thence to Jamaica, with negroes, which may likewise promote the trade with the Spaniards, so that the time of their arrival at, and departure from the Plantations cannot be so well ascertained as to depend upon convoys, and they being light sailors and of force, we have nothing to object why your Majesty may not grant your orders to your said Governors to permit the said ships to sail without convoy for the present voyagge to be performed within 12 months. 2 pp. [C.O. 5, 3. No. 12.]
March 2.
Whitehall.
157. Council of Trade and Plantations to Saml. Shepherd, Jno. Gardner and Jacob Osterland. Recommend to them (the merchants named by Mr. Clifford, Feb. 29) the stating of his accounts. [C.O. 389, 36. p. 178.]
March 2.
Nevis.
158. Col. Codrington to Mr. Popple. I gave ye Lords trouble enough by Col. Whetham for some time, and they wd. scarce chide me again for my short accts., if I were to stay here never so long. I have finisht an Act of Courts in this Island, tho' wth. some difficulty; wt. good effects it will have I know not, tho' ye Cheif Justice I have named here is ye man of ye four Islands I can most depend on for his steddines in ye discharge of his duty. The constitution of these Islands must be wholy altered before ye English trade be duly supported. This I am satisfyed of by melancholy conscience, and shall think it my duty to write very fully on this head to ye Lords. I should have chose rather to have laid my observations before them when present, but I have yet recd. noe licence to leave these parts, and before Col. Mathews's arrival, I doubt ye summer will be spent etc. In ye meantime as a Private Gentleman and Planter I shall endeavour to be as serviceable to ye respective Governors, and to promote H.M. and ye English interest wth. as much zeal and sincerity as if I still were Commander here. If I know myself right, I act by principles, and as I have satisfyed my own conscience and honour in every step I have made since I came here, I beleive I shall be able to satisfy everyone else at my arrival—till then my innocence will support me, and ye hearty contempt I have for my declard enemys as well as false and treacherous Friends leaves me a tranquility which I beleive their guilt makes them want. I am now going to St. Kitts, and will still use my best endeavours to reduce that People to some sense of their duty, but I can promise myself noe great succes there, for they are a parcell of Banditts, and wd. willingly be without government, religion, or any appearance of order—but this will require a large and particular acct. wch. ye Lords shall know at my return to Antigua in my farewell letter to them. You will please to inform ye Lords yt. before my leaving yt. Islands, I put Peter Lee, Esq., into the Councill, wch. I had long since done, but yt. I was in hopes I should have perswaded him to have continued Chief Justice, for wch. post he is certainly ye fittest man, but I coud not prevaile on him, nor wd. he serve in ye Assembly, so I was unwilling so usefull and so honest a Gentleman shoud be wholy lost to ye public. Signed, Chr. Codrington. Endorsed, Recd. 9, Read 14 June, 1704. Holograph. 2½ pp. [C.O. 152, 5. No. 61; and 153, 8. pp. 317–319.]
March 3.
Boston.
159. Governor Dudley to Mr. Popple. The Centurion has stayed till this date, and being lately returned from Piscataqua I enclose following. I shall go on to do my duty as H.M. has commanded, and have assured Mr. Allen, if he bring forward any tryalls, I will be in the Province to see the proceedings just and open, and the verdict special in any case he shall desire, as farr as is in my power. I have also inclosed Major Hilton's march, humbly to acquaint their Lordships the hardship I have to march after the Indians. Since his return I have now 300 men in the forest upon snow shoes in three partyes in other parts of the country. The Assembly of this Province will be very uneasy under the charge, but I cannot suffer the fronteirs to be insulted as they will be if I march not after them. I am in great want of small armes for both the provinces, being dayly lost and spoyled in the service and cannot be helpt. I thank your favour to myself and this government etc. Signed, J. Dudley. Endorsed, Recd. April 29, Read May 2, 1704. Holograph. 1 p. Enclosed,
159. i. Journal of Major Hilton's March against the Indians. Feb. 9, we marched 16 miles. Discovered nothing. Feb. 10, we marched 21 miles and discovered two of the enemy's camps. Judged they might hold 40 or 50 Indians. Feb. 11, marched about 30 miles. Discovered 2 similar camps. Feb. 12, marched very early still upon the enemy's track, and came to Saco River about 8 a.m., judged by the Pilots to have fal'n upon the River about 50 miles upwards, having before we came to the River travailed about 18 miles, where we found the greatest part of the enemy had left the River to the Southward, we sent out a scout to discover further after them. Feb. 13, we found they altered their course again etc. We left the Eastern track and made the best of our way to Pegwockit Fort etc. Feb. 16, we found it a large place of about an acre of ground taken in with timber set in the ground in a circular form with Ports, and about 100 wigwams therein, but had been deserted about 6 weeks as we judged by the opening their barnes where their corn was lodged, and that they deserted it in hast upon some alarm, because we found their corn scattered about the mouths of their barnes. Feb. 17–23, marched homewards past Wells and Saco. The marches vary from 18 to 30 miles a day. The winter is the onely time ever to march against the Indian enemy, both for their discovery and the health and least danger of our People, etc. Signed, Winthrop Hilton. Note by Governor Dudley:—This march was made upon the snow a yard deep, every man in snow shoes, with 20 dayes provisions upon small Land sleeds carrying each 4 men's provisions, and of 300 men no man returned sick. Endorsed as preceding. 2¼ pp.
159. ii. Governor Dudley's Speech to the Assembly of New Hampshire, Feb. 20, 170¾. I am glad that notwithstanding the troubles with the Indians no part of this Province hath had any impression from their barbarous hand, and I am the more sensible of the Gentlemen's services that have assisted me in the raising the Voluntiers now sent out, wch. are truly every fourth man fitt to march in the Province, wch. I shall humbly represent to H.M. As soon as is possible, I shall order the incidentall charges to be layd before you for their advance, and the Treasurer very justly presses me to desire you to raise what is proper to pay your engagements and debts, and a just induction to you so to doe is, that nothing hath been raised in this Province by a tax this year, when your Neighbours pay 12 or 15 single rates for the necessary service of the year. I have also to communicate to you H.M. commands referring to the Fort at Newcastle, that it be perfected in all poynts. The date of those letters may allow you to suppose that the account of your grant of 500l. for that service may not come to hand, however I am bound to communicate that letter, and it will give you a good demonstration of H.M. care of the preservation and security of her good subjects here residing, and encourage you in what is further wanting for that service, to do your duty. I think it also proper to acquaint you with H.M. commands which I have received refering to Mr. Allen's title to the waste of this Province etc., nothing will more tend to your quiet and repose, nor to H.M. just satisfaction than to have an amicable and quiet issue in that matter. The last judgment upon the appeal makes you sensible of H.M. equall administration of Justice to all Her good subjects, and I desire your regard to H.M. Directions to what remaines may give a like instance and satisfaction of your obedience. I have also to recommend to you what the L.G. hath already offered to the Council, that lodgings may be provided for him on the Great Island near the Fort, until he may have a lodging in the Fort itselfe, which will be most proper. It can amount to but a small matter by the year, and will shew your respect to the Government. Endorsed, Recd. April 29, 1704. 1¼ pp.
159. iii. Answer of the Assembly of New Hampshire to the above, Feb. 21, 170¾. The Representatives are always glad when they may attend you in General Assembly, being sensible of your great care for H.M. service and the good and welfare of this Province. We humbly thank God for our preservation hitherto, during the late and present troubles, and attribute much to your constant care and sollicitude for us, and what the Gentlemen here have done to your assistance in raising Voluntiers is no lesse acceptable to us than to your Excellency, and we thankfully accept your assurance that it shall be represented to H.M. As to the supply of the Treasury for the payment of debts, the time of year drawes near when the Revenues arising by a duty on lumber will shew itself; and if that fall short at the year's end, we shall account the Province debts our owne, and take effectuall care for payment of whatever appeares justly due. As to the great taxes your Excellency intimates has been layd this year upon our Neighbours of the Massachusetts, we presume it has principally been occasioned by the war, and we have taken care to support that charge by having our men alwayes ready with sufficient subsistence for so many as at any time your Excellency shall see cause to command forth against the present enemy. We are sensible your Excellency is not ignorant of our poverty by which we are disabled raising the necessary fortification for this port, and that the 500l. raised beares some proportion to our present ability, and hope the Province will alwaies doe theyr utmost for theyr own preservation, and humbly pray that you will farther represent the matter to H.M., that by some meanes we may be assisted in that great charge, and that great Ordinance, armes and ammunition may be supplyed to us. As to Mr. Allen's title etc., we pray that it may be laid before H.M. that we are very sensible of H.M. princely regard and justice to Her most dutiful subjects of this Province in the late triall between Mr. Allen and Mr. Waldron, which has forever obliged us to a sense of and resolution in our duty and obedience to H.M.; that this Province is at least 60 miles long and 20 miles wide, containing 1,200 square miles, and that the Inhabitants have only claimes to the property of such land as is contained within their Town bounds, which is lesse than ⅓rd part of the Province, and has been possessed by them and theyr ancestors for more than 60 years, but have nothing to offer as a greivance if the other 2/3rds be adjudged to Mr. Allen, and shall be glad to see the same planted and setled for the better security and defence of the whole, withall humbly desiring it may be considered how much time, blood and treasure has been spent to settle and defend this part of H.M. Dominion, and that the cost and labour bestowed thereon farre exceeds the present true value of the lands, so that we humbly hope H.M. intention is not to take off all herbage, timber and fewell from the inhabitants, without which they cannot subsist, and lesse than the bounds of theyr present Townes, which were but foure in number untill of late two were divided, will not give feed for theyr cattle, nor timber and fewell necessary, it being not usuall in those plantations to fence in much more of theyr land than serves for tillage, leaving the rest infenced for the feed of their cattle in common. We are well assured of H.M. gracious regard to all her good subjects of this Province, and humbly prostrate ourselves at her feet in this affair of so great concernment to us. As to providing lodging for the L.G., our poverty is such we are not able to doe what is necessary for our own preservation and defence; however, if your Excellency sees meet to appoynt two of the Council, we will nominate two of this House to joyne with them as a Committee to consider that matter, and make report to the next session of the Assembly. We pray your Excellency to continue your care of us, as hitherto, that we may not be insulted by the enemy, and that our principall Gentlemen, such as the Judges, Justices of the Peace etc. may not be exposed as private sentinells, and sent out upon the Scout in a small number after the enemy, as some have lately been in your Excellency's absence, to the great hazard of their lives, without any prospect of service to H.M. Copy. Signed, Mark Hunting, Clerk. Endorsed, Recd. April 29, Read May 2, 1704. [C.O. 5, 863. Nos. 85, 85.i.–iii.; and (without enclosures) 5, 911. pp. 253–255.]
March 3.160. R. Warre to [Mr. Popple ?]. Enclosing following. Signed, R. Warre. Endorsed, Recd. Read March 3, 170¾. 1 p. Enclosed,
160. i. Memorial from M. Van Vryberge, Envoy Extraordinary from the States General to H.M., relating to Trade with the Spaniards. The Directors of the [Dutch West India] Co. complain that two English privateers, Frank Johnson and Thomas Colby, with commissions from the Governor of Jamaica, seized last October six vessels belonging to subjects of the States General inhabiting Curassau, on the pretext that they were laden with Spanish goods. Argues that trade with the Spaniards in the West Indies ought to remain open to the subjects of H.M. and the United Provinces, in order to secure their support, and weaken their alliance with the French. Besides it is only through this trade that England and the United Provinces can obtain bullion, whilst the Spanish galleons are enabling France to multiply specie, etc. Signed, M. Van Vryberge. London, Feb. 13/24, 170¾. Endorsed as preceding. French. 5 pp. [C.O. 323, 5. Nos. 42, 42.i.]
[March 3.]161. List of names to be inserted in the Commission of Inquiry relating to the Mohegans. Same as Commissioners appointed March 15, q.v., except that T. Povey is not mentioned. Endorsed, Recd. Read March 3, 170¾. 1 p. [C.O. 5, 1262. No. 71.]
March 4.
Boston.
162. Mr. Addington to Mr. Popple. The ship for England having been detained by a misfortune befalling their convoy I enclose Journal of Assembly, Sept.; and Minutes of Council [of the Massachusetts Bay], May 20–Oct. 21, 1703. Signed, Is. Addington. Note in margin. The Journal not come to hand. [C.O. 5, 911. p. 259.]
March 4.163. H.R.H. the Lord High Admiral to Col. Mathew. Enclosing copy of an article of the Treaty lately concluded with Algiers, to the end that Governors of H.M. Plantations in America, as well as the Commanders of all H.M. ships, may give certificates to the Masters of Merchants ships built in the Plantations and to such prizes as shall be taken. Signed, George. Endorsed, Recd. Read March 16, 170¾. Copy. 1 p. [C.O. 152, 5. No. 62; and 153, 8. pp. 260, 261.]
March 5.
Jamaica.
164. Lt. Gov. Handasyd to the Council of Trade and Plantations. Acknowledges duplicates. I am of opinion it will be of great advantage to the Crown to settle a Governor in the Bay of Campeachee. Recommends writer of enclosed as a very substantial planter and merchant here, and fit for that imployment etc. Having had no answer of mine in relation to the dissolution of the Assembly, and the time for quartering the two Regiments expiring May 1st, I have been obliged with the advice of the Council to dissolve the former Assembly, and call a new one to meet the first Tuesday of April, I having found that it was the general opinion of the Island that they should be dissolved, there being above a third of the Members not admitted to sit in the House, and by dissolving of them I hope to unite all former divisions, by which means H.M. and the Island's business may with all chearfulness be brought to a good conclusion. I have not yet had any return of the sloop sent to the Spanish Governors conformable to Lord Nottingham's Orders, which makes me apprehensive that she is either lost or taken by the enemy. Two of the men of war here are in very bad circumstances and very ill mann'd, which obliges me to supply the defect of sailors with soldiers, to prevent the pressing of the inhabitants, which would very much discourage them, therefore I hope that your Lops. will take care that other ships may be sent, and sailors to supply the defects, I being wholly a stranger to the methods of the Admiralty Office. The Island is at present healthy, and I thank God the enemy has got no advantage of us, tho' they have made several attempts by their privateers, and have within these 10 days attempted with 3 privateers to land and take off negroes, but they were all taken, with a sloop of ours retaken, and 120 French and Spanish prisoners, who are here in gaol, and shall be sent to England by the first opportunity, which I hope has ruined their designs against us. The methods I have taken with our privateers I hope will prevent all their attempts and surprizes for the future, I not granting any privateer a commission but upon condition that he cruize round the Island and call in at four several places, leaving a letter for me at each place, what he has seen or done, which has proved of that consequence that all these privateers were taken by one of them. As to what exploits our men of war do, I can say but little to their advantage. We had a small shake of an Earthquake the last of Feb. about 10 a.m., but I do not hear of any damage it has done. We are dayly threatned by our enemies, but I am not in the least apprehensive they are in a condition, but in case they should, I can assure yr. Lorps. we will not part with our Beef and puddin without bloody noses, we at present not having much to spare. Signed, Tho. Handasyd. Endorsed, Recd. 24th, Read 25th April, 1704. Addressed. Holograph. 2½ pp. Enclosed,
164. i. Abstract of preceding. 2 pp.
164. ii. John Lewis to Lieut. Governor Handasyd. Kingston, March 2, 1703. The Bay of Campeache, where the English cut Logwood, having several enterances, requires some charge to defend it, to prevent our neighbours receiving the same advantage as those of H.M. subjects that are the first settlers, and to carry on soe good and profitable a trade as it now is and has bin of late to the Crown and this Island. Proposes (1) That a Commission be granted to some person there residing in time of war, that H.M. may have title in time of Peace. (2) That an Act of Parliament be made that noe vessel shall load any logwood until bond be given that the wood so loaded shall be landed in some of H.M. Plantations or England. (3) That 1/10th of all logwood cut shall be employed in fortifieing and building a galley or two for the defence of the place etc. (4) That a certain sum of money shall be employed by such a number of people as your Honour shall think fit, and the Logwood aforementioned shall repay them with reasonable profits as shall be suteable incuridgement for the undertakers. Signed, John Lewis. Endorsed as letter. 1½ pp.
164. iii. List of prizes taken in Jamaica, May 4, 1702—March 1, 170¾. 41 vessels; 20 French, 10 Spanish; the rest Danish or Dutch trading with the enemy. Value as appraised, Total, 17, 914l. 2s. 10d. Signed, Bar. Jenkins, Reg. Adm. Endorsed, Recd. 24, Read 25 April, 1704. One large double p. [C.O. 137, 6. Nos. 42, 42.i., ii., v.; and (without enclosures) 138, 11. pp. 257–262.]
March 5.165. Lt. Gov. Handasyd to Lord Nottingham. Repeats part of preceding and other letters. Signed, Tho. Handasyd. Endorsed, R. Ap. 23. 1½ pp. Enclosed,
165. i. List of parishes of Jamaica with Ministries vacant. ¾ p. [C.O. 137, 51. Nos. 2, 2.i.]
March 6.
St. James's.
166. The Queen to Governor Nicholson. Warrant to pay Stephen Thomson, Attorney General of Virginia, an additional 60l. per annum (making in all 100l.) out of the Quit-Rents. Countersigned, Godolphin. Endorsed, Recd. March 22, 170¾. 1½ pp. [C.O. 5, 1314. No. 1a.]
[March 7.]167. Draught of a Charter for importing Naval Stores, presented to the Board by Mr. Byfield and others, Members of the Pennsylvania Company. Endorsed, Recd. Read March 7, 170¾. 10 large pp. [C.O. 5, 1262. No. 72.]
March 9.
St. James's.
168. Order of Queen in Council. Referring enclosed petition to the Council of Trade and Plantations to examine and report upon. Signed, John Povey. Endorsed, Recd. Read May 15, 1704. 1 p. Enclosed,
168. i. Petition of Peter Vanbelle to the Queen. Praying that his case may be ordered to be enquired into by the Governor of the Leeward Islands and that he return a true state thereof together with copys of proceedings, in order to his being heard before H.M. in Council. Copy. 3 pp.
168. ii. The case of Peter Vanbelle, as above. Copy. 7 pp. [C.O. 152, 5. Nos. 63, 63.i., ii.; and 153, 8. pp. 289–304.]
March 9.
Whitehall.
169. Council of Trade and Plantations to the Queen. We have examined the petition of James Cowse [Feb. 23], and humbly offer that your Majesty by your letter to the Governor and Council of Barbados take notice of the delays and obstructions of Justice frequently complained of in matters where any of your Majesty's Council or Judges in that Island are concerned, as in the case of the Petitioners, and require the Governour to take care that the administration of Justice be expedited in this particular, in such manner as the Law requires, and declare that if William Sharp or any other of your Majesty's Council or Judges for the future do or shall, under the protection of that authority impead the course of Justice in any case whatsoever, your Majesties Governor be impowered and directed to suspend such persons from the said Council or place of Judge until the cause in which such persons shall be concerned be determined; and that thereupon the said Governour do give your Majesty an account thereof, that in case any wilful delay do appear to your Majesty from such Councillor or Judge in the proceedings of Justice, your Majesty may remove the said Councillor or Judge accordingly. [C.O. 29, 8. pp. 406–408.]
March 9.
St. James's.
170. Order of Queen in Council. Approving above Representation. A letter to the Governor and Council of Barbados to be prepared for H.M. signature accordingly. Signed, John Povey. Endorsed, Recd. Read March 16, 170¾. 1 p. [C.O. 28, 7. No. 24; and 29, 8. pp. 411, 412.]
March 9.
Whitehall.
171. Council of Trade and Plantations to the Queen. Report upon the complaints on behalf of the Mohegan Indians (summarised). Concludes: Whereupon we humbly offer our opinion that your royal letter be writ to the Government of Connecticut, and a Commission granted according to the opinion of your Majesty's Attorney General unto your Majesty's Governour of the Massachusets Bay and other persons whose names are hereunto annexed, any five of whom to be a quorum, and the Governour or Lieutenant Governour to be one. And whereas the said Indians have not the use of money, whereby the charge of such a Commission and other dispatches may be defrayed, and that your Majesty is pleased by presents or otherwise to gratify such Indians as are under your Majesty's Dominion, we humbly offer that such Commission be past, with the other necessary dispatches, at your Majesty's charge, which may be a means to prevent their defection to your Majesty's enemys of Canada. Annexed,
171. i. List of the names to be inserted in the Commission: Joseph Dudley, Esq., Govt. of the Massachusets Bay; Thomas Povey, Esq., Lieut. Govt.; Edward Palms, Esq., of New London in Connecticut; Francis Brinly, Esq., of Rhode Island; Giles Silvester, Jahleel Brenton of Boston, Esqrs.; Nathaniel Byfeild of New Bristol in the Massachusets Bay, Gent.; Thomas Hooker of Hertford; James Avery, John Avery, John Morgan of New London in Connecticut; Thomas Lepingwell of Norwich. [C.O. 5, 1290. pp. 453–457.]
March 9.
St. James's.
172. Order of Queen in Council. Approving above Representation and ordering the Council of Trade and Plantations to prepare draughts of letters for H.M. signature to the Governors named, together with the Minutes of a Standing Commission to be prepared by Mr. Attorney General as proposed; the said Commission and other necessary dispatches to be past and expediated at H.M. charge in favour of the said Indians accordingly. Signed, John Povey. Endorsed, Recd. Read March 13, 170¾. 1¼ pp. [C.O. 5, 1262. No. 73; and 5, 1290. pp. 458, 459.]
March 10.173. Capt. Gardner to the Council of Trade and Plantations. Prays for Report on the Act of Jamaica granting to the heir of Governor Selwyn 2,000l. in consideration of his and family's charge of transportation. Signed, Robt. Gardner. Endorsed, Recd. Read March 16, 170¾. ¾ p. [C.O. 137, 6. No. 43; and 138, 11. pp. 154, 155.]
March 11.
Treasury Chambers.
174. Mr. Lowndes to Wm. Popple. The Lord High Treasurer desires enclosed may be laid before the Council of Trade and Plantations, and that their Lordships will obtain such directions from H.M. to the Governors as may be effectual for redressing the mischeife complained of. Signed, Wm. Lowndes. Endorsed, Recd. 11, Read 16 March, 170¾. Addressed. Sealed. 1 p. Enclosed,
174. i. Commissioners of Prizes to Wm. Lowndes. Prize Office, Feb. 22, 170¾. Enclose the following to be laid before the Lord High Treasurer. Signed, Wm. Gosselin, Edw. Brereton, Geo. Morley, Ant. Duncombe. 1 p. Enclosed,
174. ii. Commissioners of Prizes to the Lord High Treasurer. Your Lordship having approved of divers persons to act as Agents for prizes in H.M. Plantations, we have issued our deputations to them accordingly etc. nevertheless several of them have been interrupted by the Governors. We therefore humbly desire that the Council of Trade may be ordered to give directions that our officers may be permitted to take into their possession all such vessels as already have been or hereafter may be taken as prize etc. Signed, Wm. Gosselin, Geo. Morley, John Anstis, Edw. Brereton. 1 p. [C.O. 323, 5. Nos. 41, 41.i., ii.; and 324, 8. pp. 399–401.]
March 12.
Philadelphia in the Province of Pensylvania.
175. Lt. Governor Evans to the Council of Trade and Plantations. Upon my arrival I found affaires relating to the Publick in no worse order nor altogether so bad as might be reasonably expected from the oppositions that have been made to the Administration and the advantages that have been taken from the weaknesse of Governmt., first thro' the want of the Royal Approbation to Coll. Hamilton in his life time, and next thro' the incapacity of the Council upon his decease fully to answer all the requisite ends of Government. All the quarterly Courts of the Province have been held since my arrival upon their old Commissions, of which I have renewed none as yett, being desirous to bring all matters in a general way to a better regulation concerning our Courts of Justice, and the effectual establishment of H.M. subjects in their Rights and Priviledges, of which sufficiently to be appriz'd there requires some time and consideration, but will now 'tis hoped by reason of H.M. gracious approbation be much facilitated, the former opponents promising all compliance, and to be peaceable and easy for the future etc. Since my arrival (Feb. 2) I have made it my businesse more carefully to inspect that important branch of my duty, Trade, and shall endeavour exactly to observe H.M. commands. I have allso enquired into the failures that have given occasion of complaint, but find the merchants very bold in challenging the officers to tax them with unfairnesse, and with confidence assert themselves to be the most free from indirect practices on that score of any of H.M. Colonies in America equal to this in trade. What truth there is on either side, I shall be more able to judge when time shall give more experience. I have seen a letter from your Lordships' Board to the Honble. the Proprietor by H.M. Command directing him by his Lieut. to press the raiseing of that summe of money required from this Province by his late Majesty's Letter for the assistance of New York. The letter was sent to Coll. Hamilton after his decease, and till my arrival nothing could be done, but the next Assembly that sits, I shall presse that affaire to the utmost, as also what I find enjoyn'd concerning the defence of this place now in a time of war etc. Signed, John Evans. Endorsed, Recd. Sept. 8, Read Oct. 19, 1704. Holograph. 4 pp. [C.O. 5, 1262. No. 74; and 5, 1291. pp. 46–49.]
March 13.
[Lond. the 13 l/m (c. March) 170¾.]
176. William Penn to [? Council of Trade and Plantations]. A brief Memorial of several matters of complaint against Coll. Quary and others more largely exprest in the pacquet laid before you, and my humble request thereupon. 1st. That he has aggravated divers things against us in reference to the Laws of Trade and Navigation, either where the Attorney General and Judges of England have given their judgements for us, or where we, for the encouragement of Trade and preventing of ruin to the parties, have forbore an immediate confiscation of ships, meerly upon clearings or registry by them undesignedly left behind, they giving sufficient security for ships and cargos with all demands and damages. 2. That when upon his complaint of the want of a Militia, and that people were tried for life without oaths, Coll. Hamilton to accomodate that matter gave Commission for raising a Militia, and to such Judges as could take oaths to try by juries that were of the same sentiments, he or his adherents as strenuously discouraged what they had before complained of, least that occasion they took against the Government should thereby be removed. 3. That he has manifestly endeavoured to disaffect the Lower Counties with the Upper, thâ they first desired the Union, to the great disorder of the publick and unspeakable prejudices to me and my familly, since they generally refuse to pay their quit-rents, thô some are very many yeares in arrear; who no longer since then 99, were the People that in an Address to the late K. William, vindicated the Province against Coll. Quary's suggestions of Illegal Trade, and among whom (if any) it must needs have laid, they being the great Tobacco-planters under that Government. But I must own that when I prest the Law we made at that time against Illegal Trade, so much aggravated by that gentleman, they began to sowr to me, which was heightened by him, saying I was too strait to trade, for he even told me so himself on that occasion; thô there was no other way to prevent what he had complain'd of, in so wilde a bay and so full of creeks as that of Delaware. 4. Nor is this enough to content him and his secret agent Moor, who in good Measure has had his Bread from me, and that at the instance of Coll. Quary too; but not having the Patience of staying till he received an account how matters went between this Board and myself relating to the Government, by way of Anticipation at the head of his pack'd Vestry complemented the Ld. Cornbury with an Address, wherein they hope by their Applications they shall prevail with the Queen to extend the limits (as they phrase it) of his Government over them, that they may enjoy the same Blessings with others under his Authority; a Passage one would not expect from those that pretend to be lights and examples of obedience and submission to Government. These things I complain of, and I hope you think I ought to do so. Redresse is in your power. and therefore I beseech you effectually to apply it, be it for Reprehension or Advice or both that we may no longer be troubled with their little spites to serve Private Turns. Of which I desire a dupplicate. Signed, Wm. Penn. Endorsed, Recd. Read March 13, 170¾. 3 pp. [C.O. 5, 1262. No. 75; and 5, 1290. pp. 459–462.]
March 15.
Whitehall.
177. Council of Trade and Plantations to the Earl of Nottingham. Enclosing draught of Instructions to Privateers with such alterations as we think proper with relation to Spain in the present conjuncture, to be laid before H.M. Annexed,
177. i. Draught of Instructions to Privateers referred to in preceding. (These were not sent: see May 2.) [C.O. 324, 8. pp. 380–398.]
March 15.
Whitehall.
178. William Popple, jr., to Sir E. Northey. Enclosing draft of a Commission of Inquiry [see March 9] relating to the Mohegan Indians, "that you may prepare such a Commission in order to it's being sent to New England." Annexed,
178. i. Draft of Commission referred to above. [C.O. 5, 1290. pp. 463–467.]