America and West Indies
July 1704, 1-10

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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194-211

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'America and West Indies: July 1704, 1-10', Calendar of State Papers Colonial, America and West Indies, Volume 22: 1704-1705 (1916), pp. 194-211. URL: http://www.british-history.ac.uk/report.aspx?compid=73663 Date accessed: 25 November 2014.


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July 1704, 1-10

July 1.
Barbados.
431. The four suspended Members of the Council of Barbados to the Council of Trade and Plantations [see Sept. 21, 1703.] We lay before your Lordships the true state of our case, having great reason to beleive that this last transaction of H.E. doth not only wound our particular reputations and interest, but in the designe and consequences of it will have a pernicious influence upon the publick welfare. Refer to H.E. Speech on that occasion given below. (1) We answer that the heats and animosities mentioned by him owe their first rise to a Bill brought into the Assembly, for the raising of standing forces, which was apprehended by the generality of the Island to be of pernicious consequence, so that the absenting of several Members from the House seems rather to be the effect and consequence than the originall cause of our heats and animosities, which this Bill first produced. H.E. observes that the absence of those Members from the House hath given a stagnation to all business of the greatest moment, which is very true, and we allways lookt upon them to be very blameworthy, but at the same time cannot acquit the other Members who attended the House from all blame, who for a considerable time would give this Bill the preference before all other business, which (if it were not so hurtfull and pernicious as was generally apprehended) yet ought not to have stood in competition with other affairs that more immediately concerned the safety of the Island, and were confessedly of far greater consequence and moment. (2) He says that he hath good reason to beleive that the absenting Members have been encouraged by severall Members of the Board, and that our behaviour upon his application made to us concerning the absenting Members is convincing proof of it. Our behaviour is rather a convincing proof to the contrary. For all of us that are now suspended and two Members that are not, were very far from excusing those Members or refusing to censure them, insomuch that upon every application H.E. was pleased to make for our advice upon this occasion we unanimously pronoune'd them culpable, and that by their absence the Island was very much exposed. And seeing the absenting Members were so numerous as to render the whole House useless, we earnestly moved H.E. for a dissolution, which we look't upon as the most proper and naturall if not the only remedy for these obstructions and the animadversion to be most suitable to their crime. As to our encouraging them upon other occasions out of Councill in their absence, we answer, that upon all occasions we have constantly expressed our dislike of their proceedings in this case, and one of us being in discourse with a gentleman of experience and very good account in this Island, complaining of the dangers we were exposed to by the absenting Members, and saying that their apprehensions of this Bill was not a sufficient excuse, for that the Gentlemen of the Councill who had considerable interests in this Island would be very deep sharers in the common calamity if anything should pass them of extraordinary bad consequence to the Publick, therefore if these Gentlemen found themselves too weak to oppose the Bill in the Lower House, they might confide in the prudence and integrity of the Councill, to this it was answered, that the Assembly knew what power was lodg'd in the Governor, and that he could easily suspend such Members of the Councill as should obstruct the passing of the Bill, and put in others in their room. And H.E. himself being in discourse some months ago with another of the suspended Members, and complaining of the unkindness of the Assembly in their not passing the Bill for the standing forces, and being told by the said Member[s] that he beleived the Bill would hardly pass the Councill, he answered 'twas easy to remedy that by suspending four or five of the Members if they withstood any Bill which a Governour thought to be for his interest, and put in others who would do the business, and then being asked how he thought that would look at home, upon the complaint or restoration of the Members so suspended, he answered 'twas no matter for that, soe as the turn was serv'd in the meantime. And now H.E. hath been as good as his word, and hath made it manifest that the apprehensions of the absenting Members were not altogether vain. Paragraphs 3–6 contain some arguments by which H.E. saith he is convinced that the suspended Members of the Councill encouraged the absenting Members. [Quoted.] In answer to which, we intreat your your Lordships to observe that H.E. proceeds from the beginning upon a mistake, and misrepresents the matter, as will evidently appear by the Minutes of the Councill, there never being by us any such vote passed judging the absenting Members guilty of a contempt of H.M. authority, which rather was esteem'd to be an error than a willfull contempt, and a fault of the understanding not of the will, which was the vote that pass'd, and the judgment not only of us four suspended Members but of two of the eldest of the Councill, that are still continued and only dissented to by the two youngest, and to prove this, desire we may have the Minutes of the Councill attested, which we are not now permitted to have. But we did not think these Gentlemen were to be indulged in an error which might prove prejudicial to the Island, or that they should pass without censure, as H.E. seems to intimate, but we earnestly press'd that the Assembly might be dissolved, that being the only way we could think of to remove the stagnation of the publick affairs by which the Island was so much endanger'd; to which remedy, tho' constantly advised by us, H.E. and the two youngest Members of the Councill were allways very averse, saying that was what they themselves would be at, and would be to punish the good with the bad, and H.E. proposing other methods, sometimes that the absenting Members should be sent home to the Queen, in order to which the Secretary and Clerk of the Councill were commanded to search the Councill Books, in relation to Judge Farmer, his being formerly sent home; sometimes he proposed that they might be committed for contemning the Queen's writ, at other times that they had forfeited and abdicated their places in the Assembly, as King James did the Crown, and that after the example of England, it was lawfull for the other two parts of the Legislature to supply their vacancies, and to issue out new writts for the choice of others in their places. And so we had the misfortune to fall under H.E. displeasure, because we could not so far comply with his inclinations as to advise him to such proceedings as were very extraordinary, and without any law or precedent, that we could find, when at the same time it appeared to us that a dissolution was most natural, effectual and only remedie; and we are morally assured that such a dissolution would have had a very good effect, and that other Members would have been chose, who would have applyed themselves diligently to promote the common safety. But that would not answer the designs then on foot, it being very probable, the Island being generally under strong apprehensions of the bad consequences of this Bill, that those 12 gentlemen who had zealously promoted it, would have been left out in the next choice, and others elected in their places, who would have preferred the publick interest before any private considerations. For that the body of the Island in generall is so inclined, plainly appears by what happen'd at the Grand Sessions held upon the Tuesday after we were suspended, and continued from June 13 for severall days after, where notwithstanding H.E. had modell'd the Court as he thought fit, by turning out or putting in what Justices he pleas'd. And the Court so modell'd pickt out a Grand Jury of 15 out of 66 persons, so many being return'd for Jurymen for the whole Island; yet 7 of the 15 could not be prevailed upon by all the arguments the Court could use, who urged them very vehemently to sign an Address to H.M., ready drawn up for them, wherein all who were against the Bill, and the Members of the Council lately suspended, were reflected upon as factious, and others of them who did sign it, were prevail'd upon by extraordinary solicitations contrary to their judgments. (5) We cannot discern any inconsistency in the assertion (quoted by H.E., paragraph 5), it being very possible that a man may be expert in military affairs, who may not be so well inform'd in matters relating to the Civil Government. And further, H.E. reports our opinion we gave upon this question imperfectly, and in part only, as well as what he says of that Member upon whom he seems to reflect, as if he had said something absurdly, for we very well remember what was then said by him, vizt., that he apprehended it then to be the great business of the Board to provide a proper and speedy remedy for those great inconveniences we lay under, and dangers that threatened us, caused by the stagnation of all publick affairs made by the absenting Members of the Assembly, to which the turning any Members out of other Offices would avail nothing at all as long as they were still kept in the Assembly, and therefore again proposed a dissolution, in which opinion all the Councill resident in this Island (except the two youngest) agreed. This Member also said upon H.E. naming Col. Maycock and Col. Kirton to be unfit for their employments, military and civil, that he apprehended we were too much endangered already, several regiments being unsettled by many of the cheif Officers being turn'd out, and would be more. So by this means (which is too sad a truth) yet neither did we absolutely dissent from H.E., tho' we thought it inconvenient in this present juncture to displace them, but only gave our opinion that since H.E. had by the humble motion of the absenters given them libertie and a few days' time to offer what they could to H.E. and the Board in excuse for their absence, that H.E. might deferr these censures till these gentlemen were heard, and afterwards proceed as he thought fitt. (6) H.E. expresses his dissatisfaction with our particular behaviour to himself, which we can (with a great deal of truth) aver hath been always (as became us) with all due respect and deference to H.E., of which no one instance (with proof) can be given to the contrary, unless our dissenting in some things wherein our consciences, judgment and duty to H.M. directed us so to do, may be esteemed too great a liberty, and interpreted a misbehaviour. We have not been wanting, according to our best abilities, diligently and faithfully to discharge the trust H.M. hath reposed in us; two of us, vizt., Major Lillington and Mr. Cryer, have been allways most constant and early attendants upon H.E. in Councill, as all the Members and Officers can testify, and the Minutes will make appear. And the other two, vizt., Mr. Terrill and Col. Ramsay, living more remote, and having been of late afflicted with sickness, have attended as often as their health and contingencies of the weather would permit, and in case of involuntary absence have desired to be excused and signified their reasons. As to a Councill not being made on June 6, Major Lillington was detained at home by an acute and violent distemper; Mr. Terrill was also sick, Col. Ramsay was prevented by the violent raines, which fell the day before and the same morning, from coming so early as he intended, and Mr. Cryer came early, as Mr. Sharp can testify, with whome he came to Councill. To (7) we answer, as farr as relates to our own behaviour, we hope that we shall never have any opportunity of returning to our duty, either to H.M. or H.E., having never yet (we hope) been guilty of any violation of it; and shall be most carefull not to deviate from it. And as for the tenderness and moderation H.E. seems to insinuate that he hath been guilty of towards us, we are sorry that he hath made it necessary for us to lay before H.M. and your Lordships some particular instances in which we conceive he hath acted quite otherwise, and in so doing departed from several of H.M. Instructions, if his be the same that we find have been given to some preceeding Governours. He communicated to us one Instruction that the Members of the Councill shall have and enjoy freedome of debate and vote in all matters of publick concern. Besides some other instances wherein he hath appear'd to be uneasy when we have taken this freedom, which we have never done without all due modesty and deference to H.E., he hath very much restrained that liberty which H.M. hath graciously given us, particularly in that instance mentioned in his Speech, wherein he proposed the question, whether the absenting Members of the Assembly ought to have any other place or trust in the Government. For tho' we thought there was a necessity of censuring that error by a dissolution, yet being very sensible that we were sufficiently exposed already by the turning out the Officers of the Militia (which is now in a miserable confusion), against whom H.E. was not pleased to make any objection with relation to the discharge of their duty in those posts, nor doth it appear that their greatest enemies have anything to say against them in that point; and for that we did not think it seasonable at that time by encreasing the disorders of the Militia to expose ourselves further to the insults of an enemy very near us and watchfull of all opportunities to take us unprepared, and could not in conscience or judgment of charity joyn with H.E. in pronouncing the absenting Members guilty of a wilfull contempt of H.M. authority, disloyalty and faction, when no instance was offered in all their other behaviour, which lookt like anything of that nature, yet because we could not depart from our judgment and conscience to comply with H.E. inclinations in this point, he treated us with a very unusuall severity, and told us with frowns that we were factious and cowards, and afraid of displeasing the people, in a threatning manner, saying, "Gentlemen, have a care," which we look upon to be an extraordinary way of proceeding with H.M. Councill, and in H.E. a manifest violation of H.M. Instruction before recited, and to be altogether inconsistent with that patience and moderation which H.E. commends himself for. We find another Instruction that the Governor shall communicate to the Councill such of H.M. Instructions wherein their advice and consent is mentioned to be requisite, which H.E. hath not thought fit to comply with, for we find another Instruction, wherein, to prevent arbitrary removalls of Judges or Justices of the Peace, it is provided that H.E. should grant all such Commissions with the advice and consent of H.M. Councill to fit persons for those employments, which Instruction H.E. hath not thought fitt to communicate to us, because he has no mind to observe it. It would be very tedious to enumerate those multitudes of instances wherein H.E. hath acted contrary to H.M. Instructions, placing and displacing a great number of Judges and Justices of the Peace, not only without the consent, but against the advice of the majority of the Councill, and therefore we shall only trouble your Lordships at present with one instance that was attended with remarkable circumstances, and that was his making William Holder, Esq. (the Speaker of the Assembly) Cheif Judge of Common Pleas for the Precincts of St. Michael (the greatest Court in the Island), against whom several Members of the Councill objected, as a person unfit for that place and office, because there were very violent presumptions that Holder was never baptiz'd, that he never had taken care that any of his children should be baptiz'd (being seven in number), that he never received the Holy Sacrament, nor came to Church at any time, unless upon the occasion of funeralls, and that very rarely, holding no Communion with ye Church of England or any other Christian Congregation, which objections are not any of them as yet removed; and when three of the Members of the Councill did not only dissent but desired their dissent might be entred in the Councill Book, and the fourth was going to give his opinion the same way, who made up the majority of the Councill (there being then but seven present), H.E. was pleased to tell us that tho' he ask't our advice, yet he would not have us think that this matter should be determined by votes, but that he would do in it what he himself thought fitt, and that Holder should be judge, and presently call'd for a Commission that was ready drawn, ordered it to be fill'd up, and Holder's name to be inserted, who now acts as Cheif Judge to the great affront of our Church by law established, and discouragement of Christianity. We shall only trouble your Lordships with one instance more, which (we doubt not) will plainly discover to your Lordships the true reasons of our being suspended, and that those assigned are but pretences, wherein H.E. hath not complyed with a late Instruction from the Queen (Aprill 20, 1703). This Bill for the raising of standing forces is an evident breach of H.M. command that no Governor should pass any Law for, or receive any gift to be made either by the Assembly or others upon any account in any way whatsoever; this Bill if passed, being in effect a standing present to H.E. of at least 3,000l. per annum, so much at least, by an exact calculation the highest rate for provisions being allow'd, appearing to remain after all the appointments of the Bill are complyed with, which calculation hath been made by several skilfull in accounts, and amongst the rest by a certain gentleman of this Island of a very considerable intrest, who offered that in case he might be made Paymaster of the Forces, he would comply with all and singular appointments contained in the Bill, and be obliged to pay annually into the Publick Treasury the summ of 3,000l., during the time he should continue so. And this is the reason that it became impossible for any person who was not a favourer of this Bill to be in favour with H.E., and it is a very plain case that H.E. suspicions of our not being such was the true reason of our being suspended from the Councill, and this made H.E. so fond of this Assembly that he would not be prevail'd upon to remove those disorders, and that dangerous stagnation of all publick business which he so much complains of, by a dissolution, when he might have had another Assembly in three weeks, because 12 of them (the majority of 22) were resolved to prefer this Bill before all other affairs. And it is very plaine they did so, for tho' the Bill was speciously laid by for some time, yet the necessary publick affairs were as much neglected as before. And those 12 gentlemen would always proceed upon such things as tended to facilitate the passing of the Bill, as the altering of the Quorum of the Assembly from 15 to 12, or upon a Bill for regulating elections, in order to the modelling of the next Assembly, and in the meantime our intrenchments and fortifications lay as much neglected as ever; whilst only private considerations took place, and the publick was in nothing provided for. And this (no doubt) was the reason of H.E. arbitrary displacing so many old officers both military and civill, to the great encreasing of our confusions and danger, none being promoted but the favourers of the Bill, nor any kept in office who opposed it, this one qualification being sufficient to recommend persons not otherwise extraordinarily qualifyed to places of honour and trust, and the want of it to displace gentlemen of the greatest worth and merit. The cause of the Bill, as appears by the preamble, did proceed from the hardships the inhabitants lay under by H.E. appointing guards in all the forts etc. without the advice and consent of the Council, which is positively contrary to the 38th clause of the Act of the Militia for this Island, which illegal proceedings are punishable by an Act of King William III. to punish Governours of Plantations in this Kingdom for crimes by them committed in the Plantations. We lay before your Lordships, how precarious and insignificant H.M. Councill in Barbados is made by the Governour, and how uncapable to render H.M. those services she expects from them, to promote anything for the good or to oppose anything that tends to the detriment of the publick, whenever private interests stand in competition with it, or to hinder the oppression of H.M. good subjects here, when any Governour to serve a present turn, upon any pretence he shall please to frame, can suspend what Members at the Council he pleaseth, without sending his reasons first to H.M., and put in such others as he shall think fitt, and will assume an arbitrary power without the consent and contrary to the advice of H.M. Council (which is the present case) of placing and displacing all officers, military and civil; by which means he will be able to influence and overawe the freeholders in the choice of their Representatives, and so purge and pack the Queen's Council and make such an Assembly as he shall think fit. By this means H.E. becomes arbitrary, and absolute maker and disposer of the lives, liberties and estates of all H.M. subjects here, and contrary to H.M. most gracious intentions, may under the pretence of law exact what summs he pleases from them, and wholly make void that her gracious design for the ease and good of her subjects here, in advancing the Governor's salary to 2,000l. per annum, which she is pleased to express in her letter to be this, vizt., that the Assembly of Barbados may have an opportunity of applying those large summs which they usually gave in presents to the Governours, towards such other publick uses as may be most necessary for the defence and safety of the said Island etc. (April 20, 1703). We hope it will appear plain to your Lordships (for we have asserted nothing here but what we are able to make appear upon oath, if liberty be granted of taking depositions which we humbly pray for) that our willingness that these good intentions of H.M. towards her good subjects here should not be evaded, was the real occasion of our being suspended, and not any faction in us, the promoting of which we utterly abhor. And whereas we have upon June 26 given in our answers to H.E. reasons assigned for his suspending us, and at the same desired that we might have copies of any proofs taken against us (if any such there were) in order to be transmitted home to your Lordships together with our answers, according to H.M. Instructions, since which H.E. hath said nothing further, We therefore most humbly pray your Lordships, that if H.E. should offer or make any further complaints against us, we may have copies thereof, and time and liberty to make our defence thereto, and if liberty be granted for the taking depositions, we doubt not but our innocence will plainly appear, and that the before mentioned, and a great many more enormities, have been acted on the other side. And as our hearts are full of loyalty, and possest with the deepest sence of gratitude to H.M. for the great advantages we reap by her good and gentle government, so nothing could more sensibly afflict us, nor wound us deeper, than the apprehension that H.M. should esteem us capable of the least disloyalty or disobedience etc. Signed, Geo. Lillington, Michael Terrill, David Ramsay, Ben. Cryer. Endorsed, Recd. Read Sept. 26, 1704. 9 large pp. Enclosed,
431. i. Governor Sir B. Granville's Speech to the Councill of Barbados (referred to in preceding). Present, the Hon. Geo. Lillington, William Sharp, Ben. Cryer, Robt. Johnston. June 7, 1704. "(1) The heats, confusion and animosities that are now and have been for some time amongst the inhabitants of this Island have appeared plainly to owe their rise and occasion to the absenting of severall Members of the Assembly from their House in contempt of the Queen's authority and breach of the trust reposed in them by the people, and that their obstinately refusing to doe their duty has given a stagnation to all business of the greatest moment. (2) I must be plaine to tell you that I have good reason to beleive such practices have rather been incouraged than discountenanced by severall Members of this Board, and your behaviour upon application made to you concerning the absenting Members of the Assembly is a convincing proofe of it. (3) Notwithstanding that a vote passed here judging such Members guilty of a contempt of H.M. authority and breach of their trust, yet it was the opinion of some of you that such Members should not be farther censured, but that tryall should be made whether they would returne to their duty or not, and tho' this favour was granted to them, and also their owne termes from the rest of the Assembly, contrary to all reason or precedent, they being the lesser part of that body, yet they have persisted in the same crime, and after many weekes had beene spent notwithstanding of repeated summons from me, and severall adjournments of ye major part of ye Assembly, yet their absenting themselves hindred that body from doing the business of the Island, which was indispensibly necessary. (4) Upon this account twelve of the Members represented the condition of the country, and that the occasion of all the misfortunes that had happened and might befall the Island ought to be laid at the doors of the absenting Members, and not to theirs, for they had given their constant attendance. This Representation was read and entred in the Councill books, and another vote past censuring the absenting Members in the same manner as before, and when I proposed the question desiring your advice and opinion (5) whether they ought to have any trust in the Government, yet severall of you were soe farr from concuring with me that it was said by one of you that a man might make a good officer in the Militia, and at the same time be unfit for an Assembly man, and four more of you refused to pass any further censure upon them. Whatever meaning you may put upon this behaviour, I can take it to be noe other than a justification of those you have judged guilty, and it seems to me a strange contradiction, that a man who has been declared guilty of contemning the Queen's authority, and breach of trust to the people in one capacity, should not onely be suffered to goe unpunished, but be thought fitt to be trusted in another. (6) As I am not satisfied with your behaviour in these matters for the reasons I have given you, neither am I so in your particular carryage to me, and I can look upon your often absenting yourselves from this Board, and your frequent attending at houres so much later than ordered noe other than a contempt of my authority, in violation of the trust H.M. had done you the honour to put in you, and I must particularly take notice of your not makeing a Councill on Tuesday last when you were so expressly enjoyned by me to do it, and upon matters of so much concerne to H.M. service and the interest of this her Island. (7) I have hitherto used all moderation and waited many months with patience to see if men would returne to their dutys, my doing so has had effects contrary to my expectation, and rather encreased than removed these disorders. Seing therefore your forts and intrenchments, which are your defence against an enemy powerfull and neare you, are in so bad a condition, the debts of the Island many and growing, the matrosses sterved, criminalls escaped for want of a gaol, and every man thereby encouraged to do what mischeife he thinks fitt, in a word, which way soever I look the Queen's subjects in danger, seeing, I say, that these and many more misfortunes which attend us are all occasioned by the neglect and refusall of severall Members of this Government doing their duty, and that H.M. will require from me principally an account of the administration of this Government, I doe now think it my duty to make use of the power and authority shee has been pleased to lodge in me, for the peace, good government and preservation of this her Island, and the inhabitants thereof, and doe by virtue of that and for the reasons above mentioned as well as for some others (which shall be entred in the Councill Books) suspend the Honble. George Lillington, Michael Terrill, David Ramsay, and Benjamin Cryer, Esqrs., from being Members of H.M. Councill of this Island." Then H.E. was pleased to declare that he did suspend George Lillington, Esqr:, for encouraging faction, and his name being in H.M. Instructions called Richard Lillington, when his name is George Lillington; Mr. Terril for encouraging faction and not attending in Councill; Col. Ramsay for encouraging faction and not attending in Councill; Mr. Cryer for encouraging faction, for not attending as he ought to doe in Councill, and for his marrying people without any licence from H.E. in breach of H.M. power exprest in her Patent. Copy. 2½ pp. [C.O. 28, 7. Nos. 35, 35.i.; and 29, 9. pp. 7–47.]
July 2.
Barbados.
432. Governor Sir B. Granville to the Council of Trade and Plantations. A pacquet boat arrived here June 29 and brought me your Lordships' commands of May 4, those relating to the not sending away an advice boat to General Codrington when Commadore Walker was here, I will strictly examine into and give your Lordships a very exact account by the next ordinary. I believe it will prove to have bin the effect of those differences and animosities have bin for some years past amongst the people of this place, and which I found them in. I have labour'd all I could to reconcile and unite them in which having fail'd, I am endeavouring now to root out the seeds of these dissentions then which nothing has nor can be more pernicious to this place. Upon this occasion I don't doubt but I shall be clamour'd at before your Lordships, being opposed by those who, tho' being but few, are however the persons who had wrested the whole managements of affairs here into their hands, and the power too, which they have made use of towards repairing their broken fortunes, impoverishing the Island and endangering H.M. authority. The mony and the labour which has bin given by this country for the encrease and repaire of their fortifications amount to excessive sums, and yet they look like abandon'd places. I have laboured all I could to bring this matter into a true light and was in hopes I should before this have laid it clearly before your Lordships, but these persons have turn'd themselves every way to prevent me, and not stuck to raise factions against me both in the Council and Assembly, but I have now carried it so forward that I may promise myself very speedily to give your Lordships the full informations of the rise and progresse of these evill practices and afterwards hope by your Lordships' directions such a settlement may be made here that shall be lasting for the good of the people, interest of England and H.M. service. As to what relates to the publick transactions here, I must refer myself to the Minutes of the Councill. Tho' by my Instructions I am directed to send them but every three months, I have found it necessary to send now what has bin done since [my last sending of them], it being from them your Lordships will best discern the present condition of this place as well as temper of the people; your Lordships will see by them that I have suspended four of the Members of H.M. Council and the occasions of it, in which I have acted with zeal to H.M. service, resisting all temptations to divert me from my Duty: the answers those gentlemen have given me were put into my hands so late, that they could not be copyed now, nor my reply to them, nor what is farther to be said in this matter, but shall all be prepared for the next pacquet-boat. The gentlemen I have put into the Council in the room of them I have turned out are three, being by my instructions directed to fill them up allwaies to seven, Col. Abel Alleyne, who as the first of 'em is one of the gentlemen of the best reputation and estates in the Island, a man of great honesty and integrety, whose interest here is the most considerable of any man's whatsoever, having a numerous family all grown up, his sons masters of estates of their own equall to most, and his daughters married to some of the best estates of the Island. Col. Cleeland has a very considerable interest and estate, of known honesty and integrity, has long bin settled upon this place and bin formerly in some of the chief employments: amongst the rest and is fitt to be encouraged here. He went the last war upon the expedition to Martinique Lieut. Colonel to those men that went from this Island and behaved himself very bravely. Mr. Callow is a clergyman, Rector of St. Phillip's, and beleiving it to be H.M. intentions that one of the clergy should allways be of the Councill, having observed it to have constantly been so of late, I put him in, he being also every way else qualified for it. He is a man of an exemplary life and conversation (which is hardly to be said of any other here), very well allyed in England, very easy in his circumstances, having by his industry since his being here acquired a very hansome fortune. He is free from all law suits, and so are the other two, more than any persons I know in the Island, whereas those I have turn'd out were involved in many, and for that reason tho' I have sat oftener in Chancery than any Governor has don before me, there has as little buisnesse bin don, it being their interest to raise delays and carry matters into length. I don't doubt but the successe this proceeding of mine will have both in the dispatch of matters of Justice as well as of all other publick buisnesse will justifye me in it, and that these gentlemen I have put into the Council will deserve your Lordships' confirmation. Upon the whole matter I must desire leave to make this declaration, that I have acted on this occasion with all resignation to H.M. service in discharge of the trust she has done me the honour to confide in me, and that I allwaies will doe so, ever esteeming H.M. favour my greatest Riches and my greatest fortune. I have your Lorps'. farther commands of May 4, wth Mr. Attorney General's opinion about Manasses, and the stores demanded by the agents, it is what I was not consulted in, and if I had I believe it would not have been my opinion to make such large demands of that kind, as for the 24 pounders I should be glad of them, but for the rest of the great ordnance, as it amounts to a great sum, so I beleive at this present it might be laid out more for the advantage of this Island as well as that for the small arms, which are generally what the people of this place furnish themselves withall, and will not want tho' they buy it out of their mony, and besides a greater magazine of stores than can be for present use is improper here, the rust spoiling all iron, the vermin destroying all wood and other materials, and waste made when there is anything superfluous. In your Lorps'. letters Feb. 16 last there is mention made of copies of commissions and instructions for privateers to be sent me, notwithstanding there has not any such yet come to my hands. Signed, Bevill Granville.
P.S.—As I was sealing this letter the Blackwall came in from her cruize and brings an account that between Guadaloup and Antego (where he had put in for wood, which is very scarce here) he saw two French men of warr, one of 60 and the other of 36 guns; that they bore down upon him, but could not come up with him; he was inform'd at Antego that these two men of war came about a month since to Martinique convoy to a fleet of 18 sail of merchant ships. Endorsed, Recd. 9, Read 19 Sept., 1704. Holograph. 8 pp. [C.O. 28, 7. No. 36; and 29, 8. pp. 474–481.]
July 3.433. Governor Dudley's Proclamation for permitting a trade to the Spanish West Indies. Two printed copies. [C.O. 5, 751. Nos. 52, 52.A.]
July 4.
Whitehall.
434. W. Popple, jr., to Mr. Burchett. The Council of Trade and Plantations having under consideration a Report to be made to H.M. upon Jamaica, desire to be informed what Naval strength is at present there. [C.O. 138, 11. p. 284.]
July 4.
Admiralty Office.
435. J. Burchett to W. Popple. Reply to above. Naval strength at Jamaica: Norwich (4th rate), Anglesey (A.), Experiment (5th), Seahorse (6th, lost). These are under orders for England: Fireships, Earl, Harman; sloop, St. Antonio; hulk, Lewis. Gone thither: Guernsey (4), Nonsuch (4), Mermaid (5), Deal Castle (6). Signed, J. Burchett. Endorsed, Recd. Read July 5, 1704. Addressed. 1 p. [C.O. 137, 6. No. 57; and 138, 11. pp. 284, 285.]
July 4.
New York.
436. Roger Mompesson to the Earl of Nottingham. In reference to H.M. commands as to Lord High Admiral's dues and the proceed of prizes. Lord Cornbury dos take all due care in this Province and New Jersey, which will tend to ye prejudice of ye Trade of these Provinces, if the Govmt. of England dos not speedily prevent the abuses in ye Proprietary Governments, for now most Prizes are carryed thither, particularly to Road Island, for H.M. and ye Lord High Admiral's dues are sunk there. Before I was concerned there, the Governor and Council took upon them to determine Admiralty causes. And Governour Cranston pretended to grant commissions to privateers, and by colour thereof a prize was taken and brought into Road Island and condemn'd and adjudg'd a prize to ye Captor. This was since Col. Dudley was Vice-Admiral there; 'tis true indeed at first he oppos'd the proceedings till his son as Advocate recd. 50 or 60 pieces of eight etc., and then he suffered them to go on to condemnation. And one Tongerlon, a Frenchman or Dutchman never naturalized, has lately recd. the like Commission, and has taken 5 or 6 prizes, Dutch Curaso traders, one of them is sent in already to Road Island, and ye others are dayly expected. They did in all things behave themselves at Road Island when I was there as if they thought themselves out of ye dominions of ye Queen. And till they are reduc'd to their due obedience to ye Crown, the Royal Goverments will suffer very much in Trade. There may be legal ways found for bringing these people to better obedience, notwithstanding their Charters, perhaps by Commissions of Enquiry for informing the Parliament, or for grounding a sciri facias agt. their Patents. And I doubt not but many of the powers wch. they exercise will be found to be usurped without any pretence of Law, etc. In the meantime it seems to me that the Governours of Connecticut and Road Island, who are chosen every year and act without ye Royal Approbation, or taking ye oath etc., forfeit for every year 1,000l. sterl. by the Stat. 7 and 8 Wm. III. c. 22, and that the same may be recovered in the Court of Admiralty in the Plantations. But 'tis a matter of so great concern that I would not direct such a prosecution before me in Connecticute without the direction of ye Government at home. As for Road Island, I have nothing to do with it, Col. Dudley having gotten my Commission superseded for that place as well as for Massachusetts Bay and New Hampshire for his friend Col. Byfeild, a true New England man, a mercht. and independent elder or deacon. But if my Commission were continued for that place, I doubt how far I or any man living could pretend to be serviceable to ye Crown or Church of Engld. under the command or influence of Col. Dudley; or how there can be any due prosecution whilst his son is Attorney or Advocate Genl. there. Instructions alone from England will not be sufficient. New and larger powers must be given to persons that are willing and able to doe the Crown and Church of England service, and that very speedily, for antimonarchical principles and a malice to ye Church of England dayly encrease in all those places where ye magistracy encourage them, wch. is done in most Proprietary Govermts. not omitting Boston. And to my own knowledge some of their leading men already begin to talke of shaking off their subjection to the Crown of England.
As to a strict enquiry after Pyrates and goods pyratically taken. My Lord Cornbury has made some progress therein in ys. Province and New Jersey. And I doubt not but in a convenient time a good account will be given of ye same. But the neighbouring Colonys, especially Road Island, have more of such effects amongst them. I began to be prying into them whilst I was there, wch. I believe hastned the superseding my Commission. The persons concerned are rich and wealthy men, and should any prosecution be set on foot against them, whilst the Goverment is there in the same hands as now, both on land and sea, the pyrates would be in less danger then the prosecutors or impartial judges. And tho' Col. Dudley has condemned 14 or 15 pyrates on a Commission near 2 years since expired, yet men that will make law and justice their guide expect a renewal of yt. Commission before they proceed in any such causes. Signed, Roger Mompesson. Endorsed, R. Aug. 11, 1704. Holograph. 4 pp. [C.O. 5, 1091. No. 12.]
July 4.437. Sir G. Heathcote and Sir B. Gracedieu to the Council of Trade and Plantations. In reply to your Honors' desire for for an account from us of the present state of Jamaica, both as to its land and sea force. As to what concerns the two Regiments, Capt. Gardner, their Agent, can give you the most exact account; what we have further to offer is, that the recruits and the intended additional Companys may be immediately sent, for if they should now begin upon it, they cannot arrive there till Oct., which is a healthy time, altho' thank God the Island is now very healthy, and as it used to be in former times. 'Tis the more necessary that they should be dispatch'd, the men of war for these many yeares last past having made such havock in the Island by pressing, that they have scarce left white men enough to defend themselves against thei own negroes, for 'tis not only to be considered what they have taken off the Island, but the vast numbers they have frighted away from it, as may now be more particularly seen by the many hundred English seamen fled to the Dutch Settlement at Curassoa, and the Island hath had no supplys, for, for fear of this pressing, neither English seamen nor seamen of any other Nation will come near it; next to the judgment of the earthquake and the sickness that followed it, this hath been the great occasion of the Island's being reduced to this miserable condition. As to the men of war, by the last advices there were only three small frigats there, and four more have been sent since, but those three friggats and we suppose one of the last four, are by this time sailed from thence convoys to the fleet of merchant ships for England. So there will be but three small friggats left there. As to what will be necessary for its defence, we can only say that that is to be proportioned to the strength the enemy shall bring against it, which we fear will be considerable, for it lying in the heart of the Spanish Dominions and seated right to gaule them on every side, now that they know the weakness of the Island, it may be reasonably beleived they will no longer neglect the drawing this thorn out of their side, all our letters from thence telling us that, by the prisoners and other intelligence, the French and Spaniards had jointly formed a design upon them. It is highly necessary for the safety of that Island, and also to disturb the French in their trade, that six or seaven frigats more be sent, and that if the French make preparations of a considerable fleet for those parts, that a further naval strength in proportion to theirs be also sent thither. We are informed by persons that have lived long in that Island, that for the safety of Port Royal it will be necessary that a couple of fire-ships be sent well equipt and kept continually in that Port during the war. Signed, Gilbert Heathcote, Bartho. Gracedieu. Endorsed, Recd. Read July 4, 1704. 1½ pp. [C.O. 137, 6. No. 56; and 138, 11. pp. 280–283.]
July 6.
St. James's.
438. Order of Queen in Council. Upon Representation on the case of Peter Van Belle [June 13], Ordered that the Council of Trade and Plantations write to Governor Sir W. Mathew accordingly. Signed, John Povey. Endorsed, Recd. Read July 13, 1704. ¾ p. [C.O. 152, 5. No. 74; and 153, 8. pp. 326, 327.]
July 6.
St. James's.
439. Order of Queen in Council. The heir of Major General Selwyn is permitted to receive the 2,000l. [see June 21]. Signed, John Povey. Endorsed, Recd. Read July 14, 1704. 1 p. [C.O. 137, 6. No. 58; and 138, 11. p. 293.]
July 6.
Whitehall.
440. Council of Trade and Plantations to Mr. Secretary Hedges. Reply to letter of June 16 (q.v.). Quote Capt. Gardner's account of the Regiments (June 27). According to the Establishment, two intire Companies are to be added to each Regiment, and the several Companies now at Jamaica to be made up 59 men in each (servants included), so that 420 men are wanting to compleat the same, as also 4 intire Companies, for the raising of which 4 Companies orders have been issued some time past. And we are humbly of opinion that as well the necessary recruits as the said additional Companies be dispatch'd with the greatest speed, the season of the year being now proper for their going thither. As to the sea force, we are inform'd that there are at present there 2 fourth rates, 1 fifth and 1 sixth rate. Sir B. Gracedieu and Sir G. Heathcote propose that 10 ships of war be appointed for the constant guard of that Island during this time of war; but we are of opinion that the increase of the Naval strength will be best determined by H.R.H. the Lord High Admiral. Upon the application of the said Agents, we humbly offer that the ships of war to be sent thither have their highest complement, that they may not be obliged to take off men for their supply from that Island, etc., as quote their Memorial July 4, "which agrees with the information we have received from the Governor." [C.O. 138, 11. pp. 286–288.]
July 6.
St. James's.
441. Order of Queen in Council. Refer enclosed petition to the Council of Trade and Plantations, who are to write to the Governor of Barbados, taking notice of the delays and obstruction of Justice complained of and requiring him to take care that the administration of justice be there expedited in the petitioner's case as the Law requires, as also signifying that, if Thomas Maycock, therein referred to, do by means or under the protection of the offices he enjoys continue to impede or obstruct the course of Justice in the present case, the Governor do suspend him from the place of Judge and all other offices until the cause or causes in which Maycock and the petitioner are concerned shall be determined. Signed, John Povey. Endorsed, Recd. Aug. 6, Read Oct. 19, 1704. 1¼ pp. Enclosed,
441. i. Petition of Thomas Foullerton of Lincoln's Inn, Esq., to the Queen. In 1693 petitioner and John Farmer and Joyce Keid did let a plantation in Barbados to Thomas Maycock, John Waterman and John Beninger, at a yearly rent of 750l. They did not pay the rent, but abused and destroyed the plantation and negro slaves thereunto belonging in a barbarous manner, insomuch that petitioner's attorneys, after the death of Beninger, were forced to compound with Maycock and Waterman to get the plantation out of their hands. On the surrender, Maycock and Waterman submitted all their differences to arbitrators, who reported 1,547l. to be due to petitioner. But such is the injustice of Maycock, since Waterman's death, that tho' petitioner hath his bond and covenants etc., he can neither get one penny, nor bring Maycock to trial in any Court, Maycock being Chief Judge of one of the Courts of Common Pleas in the Island and Colonel of a Regiment and a Justice of Peace, by means of these great offices he finds ways to keep your Petitioner from any trial at Law or in Equity. Prays H.M. directions that Maycock may no longer by means of his great offices shelter himself from Law and Justice, etc. Copy. 2 pp. [C.O. 28, 7. Nos. 37, 37.i.; and 29, 9. pp. 61–66.]
July 6.
St. James's.
442. Order of Queen in Council. Referring enclosed petition to the Council of Trade and Plantations for their opinion. Signed, John Povey. Endorsed, Recd. Read July 10, 1704. 1 p. Enclosed,
442. i. Peter Sonmans and William Dockwra for themselves and the rest of ye Proprietors of the Eastern Division of the Province of Nova Cæsarea or New Jersey to the Queen. Staten Island lies within the boundary of the land granted to the Proprietors by the Duke of York, 1682. The Governor of New York claims and keeps possession of it in right and for the use of your Majesty. Pray for the hearing and finall determining of the matter. Endorsed, Recd. Read July 10, 1704. 2 pp. [C.O. 5, 970. Nos. 21, 21.i; and 5, 994.A. pp. 168–171.]
July 7.
Jamaica.
443. H.M. Instructions for Col. Handasyd, Governor of Jamaica. [C.O. 138, 11. pp. 195–256.]
July 7.
Whitehall.
444. Council of Trade and Plantations to Mr. Secretary Hedges. It being necessary that an Instruction be sent from H.M. to the Governors in pursuance of a late Act of Parliament relating to the navigating of ships, we pray you to present the enclosed Instructions [see July 17] to H.M. for her royal signature. Signed, Ph. Meadows, Wm. Blathwayt, John Pollexfen, Mat. Prior. Autographs. 1 p. [C.O. 5, 3. No. 17; and 324, 8. p. 476; and 38, 6. p. 15; and 5, 726. p. 283.]
July 8.
Jamaica.
445. Governor Handasyd to the Council of Trade and Plantations. There is a great fleet of merchant ships to saile, being in number 52, besides the men of warr that are to convoy them etc. I have sent all the French prisoners that were left here to England by the Fleet and the Spanish I have kept in hopes to have them exchanged, which may obliedge the Spaniards, who seems to be inclinable to the House of Austria. I have communicated Lord Nottingham's letter to the Council, who have given notice to the merchants about trading with them etc. This island is at present very healthy and very quiett from any attempt of the enemy, since they have mett with soe many disapointments, and soe many of their ships and sloops taken, and those that have attempted to land have had their bones very well paid, and a great many of them killed and the rest made prisoners of warr. Signed, Tho. Handasyd. Endorsed, Recd. 28 Sept., Read 12 Oct., 1704. Holograph. 1½ pp. [C.O. 137, 6. No. 59; and 138, 11. pp. 333, 334.]
July 8.
Antigua.
446. Governor Codrington to the Council of Trade and Plantations. Returns thanks for the great civility of your Lordships' of May 4, as well as for all your former favours. The Ministers and ye Nation too I find are easily satisfyed as to ye affair of Guadaloupe, as well as other expeditions. Somebody has been to blame, I was executed and then acquitted, but Truth will appear in time and miscarriages prevented, for ye Nation does not seem to have either blood or treasure to be threwn away. Something considerable might have been done for ye service of England in America, but ye opportunity is irretrivable. I have not been wanting in my little station and might have been made more usefull. I am glad yr. Lordsps. approv'd ye Act of Courts. I am sure 'tis a good one, for 'twas ye effect not only of my reflections but my experience. I sent yr. Lordsps. home some Acts from St. Kits, one very good one for the recovery of ye Ministers' dues, a matter yt. has given me much trouble. I coud never imagine why my Lord Bishop did not approve our genll. Act, which I acknowledge (and with pride) was wholy my own,—ye best of ye clergy have thankt me for it and ye rejecting of it has been a prejudice a very signal one to Religion, and must be accounted for at ye day of judgement. One objection yt. ye Act allowed noe appeal, with submission to ye Attorny Genll., seem'd to me a jeast, for is not a freehold of 130l. per a year worth 500l.? But I provided yt. even tho' there should be no appeal, ye Bishop shoud have an exact acct. of wt. had past. I send your Lordships some Acts from hence, one for Monks Hill and one for ye Chancery, which I hope will please yr. Lordsps. because 'tis chiefly my own, that or some wt. like it is absolutely necessary. There is but one thing in it I suspect, which is concerning ye 2 seals, but I coud think of noe expedient. I beg this parting favour of yr. Lordsps. yt. if you shoud not wholly approve it, you wd. however not repeal it till I have ye honour of seeing yr. Lordsps., wch. will be as soon after Xtmas as I can get a good passage from these Islands or Barbadoes. Signed, Chr. Codrington. P.S.—We have yet noe news of ye Fleet. I shall receive ye General as hansomly as I can. Endorsed, Recd. 9th, Read 21st Sept., 1704. Holograph. 2¾ pp. [C.O. 152, 5. No. 75; and 153, 9. pp. 38–40.]
July 10.
Whitehall.
447. Council of Trade and Plantations to Mr. Secretary Hedges. Enclose Capt. Lloyd's report, etc. of May 13. [C.O. 195, 3. p. 336.]
July 10.
Whitehall.
448. Council of Trade and Plantations to the Queen. Summarize Governor Dudley's recent reports of the present state of the Massachusetts Bay and New Hampshire. Recommend his application for 500 small arms, "which would be of great assistance to the friend Indians, who cannot purchase them, and encourage your Majesty's subjects to defend themselves . . . . He again complains of the Government of Rhode Island and Lord Cornbury of Connecticut. Whereupon we humbly observe that in July, 1694, the then Attorney and Solicitor-General did report in the like case that upon an extraordinary exigency happening through the default or neglect of a Proprietor, or of those appointed by him, or of their inability to protect or defend the Province under their Government and the inhabitants in time of war or universal danger, H.M. might constitute a Governor of such Province, as well for the civil as military part of Government, and for the protection thereof and of his subjects there; which upon the present occasion is humbly submitted to your Majesty's consideration." [C.O. 5, 911. pp. 358–364.]