America and West Indies
November 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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303-317

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'America and West Indies: November 1704, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 22: 1704-1705 (1916), pp. 303-317. URL: http://www.british-history.ac.uk/report.aspx?compid=73671 Date accessed: 24 July 2014.


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November 1704, 1-15

Nov. 1.
Whitehall.
633. Council of Trade and Plantations to Mr. Secretary Hedges. Mr. Bonet, Minister of the King of Prusia, having sent to our Secretary a paper relating to a Colony to be settled in H.M. Plantations, we have not thought it proper for us to proceed thereon without H.M. directions, and do therefore transmit the same to you to be laid before H.M., if you shall so think fit. 1p. Enclosed,
633. i. Extract of a letter from P. Dupuy, Berne, Sept. 6, 1704. A merchant druggist of this town, a very honest man, has formed the design of going to Virginia or Pennsylvania, if he can learn the state of those countries, and could make some establishment there. He would take several artisans with him, if the Queen would grant him a certain quantity of land with some materials for building, some privilege for 10 years in favour of their work, and a free passage from Rotterdam, etc. French. Copy. 1½ pp.
633. ii. M. Bonet to [? W. Popple]. I beg you to lay before the Commissioners of Trade the enclosed letter from M. L'Avocat-General Dupuy to H.E. Monsieur le Baron et Ambassadeur de Spanheim, etc. Signed, Frid. Bonet, Suffolk Street, Nov. 1, 1704. French. [C.O. 5, 3. Nos. 19, 19.i.; and 5, 1361. pp. 30–33.]
Nov. 1.
Whitehall.
634. Mr. Secretary Hedges to the Council of Trade and Plantations. Encloses following for their report. Signed, C. Hedges. Endorsed, Recd. Read Dec. 5, 1704. 1 p. Enclosed,
634. i. Mathew Plowman to the Queen. See Cal. 1700, No. 807, i. Claims for 600l. ½ p. [C.O. 5, 1048. Nos. 93, 93. i.; and 5, 1120. pp. 231, 232.]
Nov. 2.
Whitehall.
635. Extract of a letter from Capt. Wenham to [?]. I have seen a Proclamation for settling the money in these parts. It will certainly ruin these parts that have not staple commodities of their own produce to answer what effects they receive from England, so all the money must goe, and if noe cash among us no Trade, and as 'tis settled we can't buy a loaf of bread or a joynt of meat for our Family, for 'tis hardly possible to weigh or compute every groat and sixpence wee pay, if they had sett our small money at a certain rate without weighing and have weighed nothing under a piece of eight, and allowed a piece of eight of 17dwt. to pass for six shillings, must [? might] have been tolerable, but to weigh all small money, and to sett the standard 17½dwt. when not one piece in a hundred weighs so much, we cannot but think those that recommended that to be done understood little of the matter, and if not undone, we are soe. Endorsed, Communicated to the Board by Mr. Blathwayt. Recd. Read Jan. 9, 1704/5. 1 p. [C.O. 5, 1048. No. 94.]
Nov. 2.
New York.
636. N. Cary to the Council of Trade and Plantations. In reply to letter of Oct. 31, I am advised by Gentlemen conversant in Military affairs that six 42 pounders and fourteen 32 pounders are necessary for H.M. Fort on Castle Island; with 200 rounds of shot and 100 barrels of powder, 500 small arms and cuttlasses with 100 pair of pistolls and bayonetts are the least that will be necessary for defence of H.M. Province. Signed, Nathll Cary. Endorsed, Recd. Read Nov. 2, 1704. 1p. [C.O. 5, 863. No. 121; and 5, 911. pp. 397, 398.]
Nov. 2.
London.
637. Attorney General to Mr. Popple. I am at a loss to find how a quorum of 15 became necessary to make an Assembly [see Oct. 26], the whole number being but 22, and H.M. Instruction to the Governor impowering him to make Lawes with the consent of the Assembly or ye Major pt. of ym. wch. is 12, and wee taking it (the contrary not appearing) that the right of having an Assembly arises only from the Commission to the Governor, there not being any direction therein to have 15 to make an Assembly, wee desire to be informed how 15 comes to be necessary, wt. orders of H.M. predecessors or other Acts have been declaring that 15 at least must be present. I have perused the Lawes of Barbadoes, and find nothing in ym. touching ye necessity of having 15; as to an immemorial usage, yt can not be pretended too, that Island having gained in less yn within 100 years past. Soe soon as I have ye answer to this matter, Mr. Soll. and myselfe will despatch the papers back to the Lords Commrs. Signed, Edw. Northey. Endorsed, Recd. Read Nov. 3, 1704. Holograph. 1 p. [C.O. 28, 7. No. 57; and 29, 9. pp. 78, 79.]
Nov. 3.
Whitehall.
638. W. Popple, jr., to Mr. Attorney General. The Council of Trade and Plantations direct me to answer [to preceding] that it is agreed by both contending parties that such an usage or practice has obtained in the Assembly since the settlement of Barbadoes in 1627, but when the said practice begun, they doe not find, nor any Law relating to Assemblies otherwise than for their annual sitting. The Constitution of such a Quorum seems to their Lordships to be particular order of these Assemblies, which therefore they conceive may be altered by H.M. Encloses extract of Lord Carlisle's Patent of 29th Sept., 1629, for the Propriety of that Island, concerning the Legislature. [C.O. 29, 9. pp. 80, 81.]
Nov. 3.
Whitehall.
639. W. Popple, jr., to J. Burchett. Encloses letter etc. from Governor Handasyd (June 17) to be laid before H.R.H. the Lord High Admiral's Council. [C.O. 138, 11. pp. 342, 343.]
Nov. 4.
Whitehall.
640. W. Popple, jr., to Wm. Bridges. The Council of Trade and Plantations desire you to inform them as soon as conveniently you can whether the stores demanded for Barbadoes March last have been sent, etc. [C.O. 29, 9. p. 82.]
Nov. 4.
New York.
641. Governor Lord Cornbury to the Council of Trade and Plantations. The Assembly of New Jersey met Sept. 1st, to which time I had adjourned them by Proclamation. I was in hopes they would have done what might have been expected from them; but they fell upon the Proprietors' Bill again, and never brought in any Bill to settle a Revenue, till soe late that they knew I could not stay to pass it, because I was to meet the Assembly of New York, besides the sum was not suitable to the occasion, for they proposed to settle noe more than 1,000l. a year, and but for 3 years, indeed at last they would have made it 1,500l., but I saw very plainly that they did not intend to doe anything, so upon 28th 7ber. I dissolved that Assembly, and in few days issued writs for another, which I hope will doe better, to meet Nov. 9 at Burlington. I intend in two days to set out for that place, though it is very late in the year. The Quakers in West Jersey interrupt the proceedings in Courts of Judicature very much, for now they find that they are admitted into all manner of employments without taking of oaths, their consciences are so tender that they can't suffer an oath to be taken in their presence, soe that either Quakers must not be admitted to sit in Courts of Judicature, or else all causes must be tried by Jurys who have taken noe oaths, and upon the evidence of witnesses not sworn. I think it would be much more for the service of the Queen that none should be admitted into employments but those who are willing to take the oaths; the people in New Jersey seem uneasy at the quallification prescribed for persons to serve in the Assembly, they could rather wish that each County might send two, and I am of opinion we should have better Assemblys if it were soe, then we have now, however I shall be able by the next vessel to give your Lordships an account what the new Assembly will do. Signed, Cornbury. Endorsed, Recd. Jan. 16, Read Feb. 2, 1704/5. 1½ pp. [C.O. 5, 970. No. 22; and 5, 994A. pp. 186–188.]
Nov. 6.
New York.
642. Governor Lord Cornbury to the Council of Trade and Plantations. Dr. Bridges, Chief Justice of this Province, is dead. That there might be no failure of justice, I have appointed Roger Mompesson to be Chief Justice till H.M. pleasure may be known. I hope she will be graciously pleased to confirm him in that place; he has held two Courts already, in which he has given general satisfaction to all people, and has dispatched a great many causes which had been depending a great while. I dare be bold to say he will serve the Queen with the utmost fidelity, and indeed in this country that place should be filled by a man of resolution, which Mr. Mompesson does not want, etc. Signed, Cornbury. Endorsed, Recd. Jan. 16, Read Feb. 1, 1704/5. Holograph. 1 p. [C.O. 5, 1048. No. 95; and 5, 1120. pp. 243–244.]
Nov. 6.
New York.
643. Governor Lord Cornbury to the Council of Trade and Plantations. Repeats beginning of letter June 30 [No. 427] and refers to proposed meeting with Col. Nicholson and Col. Seymour, "at which time I likewise hoped we should have seen Col. Dudley, he having writ me word that he would meet them here, I did intend to have proposed to them the laying a tax in each Province by Act of Assembly, for the setling and defraying the charges of the post, which then might have gone from Boston to North Carolina, but this meeting was hindered by several accidents, first Col. Dudley was busy about his expedition to the Eastward, Coll. Nicholson was hindered by the sitting of the Assembly of Virginia, and as soon as the Assembly of New York was over and I thought to go into New Jersey, to the Assembly which was to sit at Burlington, I was forced to adjourn them, in order to go up to Albany, where there was an alarum that the French were marching towards that place with 1,000 French, and Indians. I went and when I arrived there I found the people in a very great consternation, but that was over in a few days by the arrivall of some Indians I had sent out to see if they could discover any numbers of men marching our way, at their return, they informed me they had been as far as the Lake without seeing anybody, but that upon the Lake they had met some of the Ottowawa Indians, who had informed them that 300 French and Indians were marched with a design to attempt Northampton in New England, but that they could not find there were any marching our way; however, by this accident, I had an opportunity to see how far we may depend upon our own people, and the Indians too in case of need, and I must say the Militia of the County of Albany were very ready if the enemy had been coming, I could in 48 hours time have drawn together upwards of 700 men, reckoning the garrison, the Militia of Albany and that of Ulster Countys, and the Indians of the Five Nations were soe ready that they all left their Castles, and were coming towards Albany before I could send them any orders; at the same time that I was at Albany, where I stayed but ten days, there was an alarum at New York occasioned by a gentleman who, coming from Long Island, informed the Councill that 10 French men of warr were come within Sandy Hoock, and upon this the Gentlemen of the Councill sent an expresse to me to desire me to make what hast I could downe to New Yorke, and at the same time sent to the Colonells of the Militia in the severall Countys about New York to get their men ready to opose the ennemy; I did make all the hast I could, but before I could get to New York, their fears were over, for the 10 men of warr were dwindled away to one French privateer of 14 guns, who took just without Sandy Hook a ship commanded by one Sinclair, who was bound to this Port from England, on board of whom were all the packets your Lordshipps were pleased to send to me; they were given into the charge of one Glenerosse, a merchant of this place, who left them on board, by which means they are fallen into the hands of the enemy. I can not say that the Militia of this City did their duty, for very many of the Dutch men ran away into the woods, but the Militia of Long Island deserve to be commended. Col. Willet, who commands the Militia of Queen's County, in 10 hours time brought 1,000 men within an hour's march of New York, the Militia of King's County was likewise in good readinesse, but there being noe occasion for them they were sent home; by this account your Lordshipps will perceive how necessary it is to have a standing force in this Province, where we are exposed to the invasions of the ennemy by sea in the Southern parts of it, and to the attacks of the French and Indians by land in the Northern parts of it. If the proposall I made to your Lordshippes formerly had been approved of, I make noe doubt but it might have been effected with much lesse charge then the business of Guadalupa has cost, and I conceive would have been of much greater advantage to the Crown of England than the taking of that Island could have been. The more I inquire into that matter the more feasible I find it, but not with a lesse force then I proposed to your Lordshipps. I have seen a copy of a Memoriall Mr. Livingston laid before your Board, in which he seems to be of opinion that a regiment of well disciplin'd men with some officers to head the men that might be raised here would be sufficient, and perhaps it might have been soe when Sir William Phipps attempted the taking of it, but the case is much altered since that time, for that attempt, though very ill contrived and worse executed, did so fully convince them how easy it was to take Quebeck, that they have made it much stronger than ever it was, and have erected very good batterys along the waterside, which will make that undertaking more difficult then it was then, and the reason that made me propose soe much a greater force then Mr. Livingstone has mentioned is because I should be very sorry to propose any thing lesse then will effect the thing proposed, and if I have proposed a greater force than is of absolute necessity I hope I shall not be blamed for that. I did it because I was not willing so good a thing should miscarry for want of sufficient force, and the same reason still remaining I can't help being of the same mind still. When the Eagle gally sailed, it was soe soon after the Assembly was adjourned that the Clerk could not get a copy of their proceedings ready to send by that ship, therefore I now send it to your Lordshipps, by which you will perceive that the Assembly here is going into the same methods that the Assemblys of some other Provinces upon this Continent have fallen into, who think themselves equal to the House of Commons of England and that they are intituled to all the same powers and priviledges that a House of Commons in England enjoys, how dangerous it may be to suffer them to enjoy and exercise such powers I need not tell your Lordshipps, only I shall observe that the holding of General Assemblys in these parts of the world has been setled neither by Act of Parliament in England nor by Act of Assemblys here, soe that the holding General Assemblys here is purely by the grace and favour of the Crown, this I have told them often, but notwithstanding that, they will passe noe Bill for the service of the Queen, nor even for their own defence unlesse they can have such clauses in as manifestly incroach upon the prerogative of the Crown, or in some measure destroy the power of the Governour (which will pretty well appear by a Bill prepared by them this Sessions, enclosed). I did not think it proper to suffer either, so I adjourned the Assembly. I did once intend to have dissolved them, but upon the account I had that some persons here had put them upon those methods in hopes to provoke me to disolve them, and the assurances I had from several of the Members that they would take better measures if they might have another Sessions, I adjourned them to Oct. 2, at which time they met, but instead of taking better measures, they have gone on in the same, where they don't only incroach upon my right (for that I should not have minded) but they take it upon them to apoint at what rates the money shall passe here, which I take to be the undoubted right of the Queen. Your Lordshipps will perceive by the copys I send herewith that the Gentlemen of the Councill made proper amendments to the Bill, but these Gentlemen have thought fit to declare in their message to the Councill of Nov. 4 that it is inconvenient for that House to admit of any amendment made by the Councill to a Money Bill, by which your Lordshipps will easily see that they intend to make the Councill as inconsiderable as they can, it is a thing was never attempted by any of their predecessors, but as the Country increases they grow sawcy, and noe doubt but if they are allowed to goe on, they will improve upon it, how far that may be of service to the Queen I leave your Lordshipps to judge. I have lately perused the grant made by King Charles II to H.R.H. Duke of York of all the lands from a place called St. Croix to the Eastward of New England, to the Eastern shore of Delawarre River, by which it appears that that grant impowered the Duke of York to correct, punish, pardon, gouvern and rule all such the subjects etc. as shall from time to time adventure themselves into any the parts or places aforesaid, or that shall or doe at any time hereafter inhabit within the same according to such Laws, orders, ordinances, directions and instruments as by the said Duke of York or his assigns should be established, and in defect thereof in cases of necessity, according to the good discretions of his Deputies, Commissioners, Officers or Assigns respectively, as well in all causes and matters capital and criminal or civil, both marine and other etc., as will more plainly appear to your Lordshipps by the copy I herewith send of the said grant, and it is certain that in the time that my Lord Limerick was Governour of this Province for H.R.H. Duke of York he governed without Assemblys, and even after King James came to the throne, the same Lord continued the same method, and certainly if the late King Charles II could grant that Power to the Duke of York at that time, H.M. may exert the same Power if she pleases. I intreat your Lordshipps to beleive that I am not pleading for the laying aside of Assemblys, it is farr from my thoughts, but I think it my duty to acquaint you with what I take to be the Queen's right, espetially when Assemblys begin to be refractory, when I have done that I have done my duty and shall wait your Lordshipps' directions, which I shall always punctually observe; In the meantime I have this day disolved the Assembly, and intend to issue writs for the calling of another in March next, which I hope will behave themselves better than the last, however I am sure they can't be worse; I am going to-morrow to New Jersey to the Assembly there; I take the liberty to beg your Lordshipps that I may have all manner of stores sent over. I have not 120 barrells of Powder left, and severall of them are spoiled. I have noe small arms at all, noe cartouch boxes nor paper, not one bed for the men to lye upon, but what have been pieced over and over again, not a sword in the Garrison, nor a dagger, if the ennemy should attempt anything upon our frontiers this winter we shall not have powder enough left for salutes; I intreat your Lordshipps to intercede with the Queen that some presents may be sent over for the Indians, for if we must buy them here, they will cost three times the price they will cost in England, and sometimes the goods proper for the Indians are not to be got here for money, such as light gunns, duffles, strouds, kettles, hatchetts, stockings, blanketts and powder; and till Canada is reduced we shall never be able to keep the Indians steady without presents. I must farther intreat your Lordshipps to interceed with my Lord High Admiral, that a man of war may be appointed for this Province, if there is not one appointed the French privateers will intirely destroy our trade to the West Indies, which will soon destroy the Trade of this place, which consists chiefly in flower and provisions, and if I may propose, a ship of 40 guns will be the fittest for this place. I intreat you to represent our condition to H.M. that we may be supply'd early in spring, else we shall be in a very poor condition even to defend our selves if we should be atacked, etc. Signed, Cornbury. Endorsed, Recd. Jan. 16, Read Feb. 1, 1704/5. Holograph. 5¼ pp. Enclosed,
643. i. Declaration of the Officers of the soldiers at New York that they have regularly received their subsistence since Lord Cornbury arrived. July 4, 1704. Signed, Peter Mathews, John Riggs, Lancaster Symes, R. Hopson. Endorsed, Recd. Jan. 16, 1704/5. 1p.
643. ii. Declaration by the Commissioners for managing the Office of Collector and Receiver General of New York, that all public money disposed of by them has been by warrant signed by Lord Cornbury in Council. We never paid H.E. but what his bare salary amounted to, to June 25, 1703. Signed, P[eter] Fauconnier. June 20, 1704. Endorsed as preceding. 1p.
643. iii. Declaration by the Clerk of the Council that Lord Cornbury swore the Council named in his Instructions. Col. Romer was then absent, but subsequently sworn (May 26, 1702), but has not since attended or acted as Councillor. Signed, B. Cosens. Endorsed as preceding. 1p.
643. iv. Opinion of the Attorney General of New York upon the importation of wine from Maderas by Capt. Dawson. March 29, 1704. Signed, Sa. Sh. Broughton. Endorsed as preceding. 1 p.
643. v. Mr. Weaver's certificate that he has accounted with the Deputy Auditor, Col. Abraham De Peyster, for fees due to the Auditor General of the Plantations, Wm. Blathwait. 309l. 11s. 3d. Signed, T. Weaver. A true copy, Signed, Geo. Clarke. Endorsed as preceding. 1p.
643. vi. Mr. Weaver to Dr. Samuel Staats. To balance Mr. Blathwait's account, I must pay him the ready money in your hands. Pray let Mr. Vanderspeigle this night weigh it out and pay him 100l. July 22, 1702. Signed, T. Weaver. Endorsed as preceding. 1p.
643. vii. Copy of the Deputy Auditor's Account with Mr. Blathwait, Nov. 29, 1700—March 25, 1703. Signed, A. De Peyster. Endorsed as preceding. 1 p.
643. viii. Copy of a Bill for the Defence of the Frontiers of New York, passed in the Assembly Oct. 25, 1704 (referred to in above letter). Endorsed, Recd. Jan. 16, Read Feb. 1, 1704/5. 5 pp.
643. ix. Copy of a Report of a Committee of the Council of New York upon the above Bill. Propose amendments to two clauses which encroach upon the prerogative of the Crown and H.E. See Minutes of Council, Nov. 3, 1704. Same endorsement. 2 pp.
643. x. Copy of amendments made by the Council to above bill. Nov. 3, 1704. Same endorsement. 1 p.
643. xi. Copy of Message from the General Assembly of New York in answer to preceding. As quoted in above letter. Nov. 4, 1704. Same endorsement. 1 p. [C.O. 5, 1048. Nos. 96, 96.i.–xi.; and (without enclosures) 5, 1120. pp. 245–260.]
[Nov. 6.]644. "Will and Doom, or the Miseries of Connecticut by and under an usurper and arbitrary Power. A Narrative of the first erection and exercise, but especially of ye late changes and Administration of Govermt. in their Majesties Colony of Connecticot etc., wherein the manner of the late Revolution, May, 1689, is descovered," etc. The Preface is signed Philanax, Dec. 12, 1692. Endorsed, Mr. [? Gresham] Bulkley's Book, entituled Will and Doom, Recd. with preceding. Recd. 16th Jan., Read Feb. 1st, 1704/5. 100 closely written pp. [Cf. C.S.P. 1689–93.] [C.O. 5, 1263. No. 7.]
Nov. 7.
Whitehall.
645. Council of Trade and Plantations to the Queen. Your Majesty, upon our Representation of April 17, 1702, having directed us to signify your pleasure to the Colony of the Massachusets Bay for the building of several forts and fortifications as well for the safety of that Colony as for the better securing the production of Naval Stores, and to acquaint them that when the said fortifications should be built, your Majesty might be induced to send thither some stores of war for the use of the same, which we did accordingly; And we having likewise by your Majesty's Order of July 30, 1703, required Governor Dudley to send us a specification of the guns and stores which that Colony stood in need of for the fortifications built or enlarged by them, the said Governor in conjunction with the Councill and Assembly has lately sent Capt. N. Cary on purpose, with Addresses to be laid before your Majesty, and with other papers particularizing the wants of that Colony, who has informed us that in his voyage he was met by a French privateer who carried the ship to Brest, with goods to the value of 300l. loaden by order of that Government for buying of small arms, and on that occasion had according to his Instructions thrown overboard all the dispatches committed to his charge, so that he could only offer to us what he remembred relating to his Commission, vizt., that your Majesty would be graciously pleased to assist that Government with 20 great gunns and 100 barrils of powder and ball proportionable for the fort on Castle Island. And he further prays that having lost in his passage the effects wherewith he was to have purchased 500 small arms for their better defence against the French of Canada and the Indians who have invaded them and destroyed several of their towns, your Majesty would be pleased to assist them by a necessary supply. Whereupon we are humbly of opinion that in consideration of the dangers that Colony is exposed to from the French and Indians, the expence they have been at, as well in the war as in repairing, enlarging and finishing the fort upon Castle Island for the security of Boston, the chief seat of the Government, pursuant to your Majesty's orders, and that they cannot provide themselves with those guns in that country, it would be a seasonable relief and bounty from your Majesty if you would bestow on that Colony 20 great gunns such as the principal Officers of the Ordnance, upon discoursing with Capt. Cary, shall find proper, with ball proportionable. And as to the small arms and powder, in consideration that the goods wherewith they should have been purchased are lost, we humbly offer that the quantitys desired may be sent thither by your Majesty and consigned to the Governor to be delivered to such persons, and for such uses within his Governments of the Massachusets Bay and New Hampshire, as he shall find requisite, the Assemblys of those Provinces, on the particular persons receiving the same, paying the value of the said powder and small arms, for which the said Governour may be accountable to the Office of Ordnance here. And we further represent to your Majesty, that you having by your repeated letters directed the Governour to acquaint the Assembly of the Massachusets Bay with your Majesty's expectation that they should settle a constant and fixt allowance on your Majesty's Governour and Lieut. Governour for the time being, as also that they should take effectual care for the rebuilding a good fort at Pemaquid which they lost by their negligence during the last war to the French and Indians, as also to contribute towards the fort at Piscataway, the same being of absolute necessity for the security of those Colonies and for protecting your Majesty's subjects in providing masts and other stores for your Majesty's Royal Navy; and finding that the Assembly do still persist in refusing to comply with your Majesty's commands in those particulars, we humbly offer that in case your Majesty shall think fit to gratify them in their present requests, your Majesty renew your former commands for their setling such a salary on your Governors and Lieut. Governors, as is done in all your Majesty's other Plantations, and that they immediately take care for the rebuilding of Pemaquid Fort, [and] the fort at Piscataway, your Majesty signifying that if they do not forthwith comply with your just expectations herein, they will appear undeserving of your Majesty's favour towards them on the like occasions. 5 pp. [C.O. 5, 751. No. 58; and 5, 911. pp. 399–404.]
[Nov. 7.]646. Thomas Bayley and others to the Council of Trade and Plantations. Repeat petition of Oct. 26. The Expectation was unavoidably detained before setting sail by contrary winds etc. attending the West India Convoy. Otherwise would have arrived timely in Virginia to have returned with the last convoy. Her case is particular. Endorsed, Recd. Read Nov. 7, 1704. ¾ p. [C.O. 5, 1314. No. 33; and 5, 1361. pp. 37, 38.]
Nov. 7.647. Mr. Jenings to the Council of Trade and Plantations. Prays for allowance for expenses for 18 months absence from Virginia upon the Laws and public affairs of the Dominion. Signed, E. Jenings. Endorsed, Recd. Read Nov. 8, 1704. 1 p. [C.O. 5, 1314. No. 34; and 5, 1361. pp. 39, 40.]
Nov. 7.
Newport. Rhode Island.
648. A Privateer's Commission from Governor Cranston to Capt. John Halsey of the briganteen Charles, late of Boston, to fight and destroy any privateers or others, subjects and vassalls of France and Spaine, for 12 months if the War continue so long. Signed, Samuel Cranston. A true copy, Nathl. Coddington, Register. June, 1705. Endorsed, R. Dec. 25, 1705. 2¼ pp. [C.O. 5, 751. No. 57.]
Nov. 9.
Whitehall.
649. Council of Trade and Plantations to the Queen. Representation upon Order of Queen in Council, Oct. 26, concerning the Expectation. Your Majesty's Instructions to the Governor of Virginia direct that during the time of war no ships, trading to Virginia, be permitted to come from thence for England but in fleets, or under the convoy or protection of some of your Majesty's ships of war, or at such times as the said Government shall receive notice from hence of their meeting such convoys as may be appointed for bringing them safe to some of the Ports of this Kingdom. But having more particularly enquired into the present case from the Petitioners, and understanding that the circumstances alledged by the Petitioners are peculiar to this ship, she having been designed to sail from hence in December last, but was detained 5 months in expectation of the West India convoy, which sailed not till May following, so that if she be now obliged to stay in Virginia till the arrivall and departure of the next convoy from thence, and the worm may occasion loss of the ship by her remaining so long in those waters. Whereas this ship being of some force, provided with letters of marque, and a very good sailer, the owners and freighters are willing, for the preventing of a certain ruine in Virginia, to venture her coming single. And having further understood from others the most considerable traders to Virginia, not concerned in this ship, that the permitting her the liberty now desired will be no prejudice to the generall Trade of those parts, we humbly offer that in consideration of the particular case of this ship, your Majesty may be pleased to grant the Petitioners their request. [C.O. 5, 1361. pp. 41–43.]
Nov. 13.
Whitehall.
650. W. Popple to Micajah Perry. The Council of Trade and Plantations understanding by the Naval Officers' Accounts which they have received from Virginia, that there were 228 barrells of pitch shipt in the last fleet from thence, they desire you to let them know to whom they were consigned, and, if you can, to inform them of their qualitys if fit for service. [C.O. 5, 1361. p. 44.]
Nov. 13.
Whitehall.
651. W. Popple, jr., to Mr. Perry. The Council of Trade and Plantations desire you to give them the best account you are able of the number of ships arrived this year from Virginia and Maryland, with the number of their men and guns, their burden, and quantity of tobacco imported by them. If you can particularize or distinguish the quantities arrived at Bristoll, as well as here, it will be very acceptable, and the sooner the better. [C.O. 5, 1361. p. 45.]
Nov. 13.
Fleet.
652. Jeronimy Clifford tothe Council of Trade and Plantations. I have wrot several times to Messrs. Shippard etc., but in vain. Prays relief. Signed, Jer. Clifford. 1 p. Enclosed,
652. i. Mr. Clifford to Messrs. Shippard etc., Oct. 28, 1704. Prays them to report on his case. [Feb. 10.] Endorsed, Recd. Nov. 13, 1704, Read Jan. 10, 1704/5. Copy. 1 p. [C.O. 388, 75. Nos. 105, 105.i.]
Nov. 14.
Barbados.
653. Four suspended Members of the Councill of Barbados to the Council of Trade and Plantations. We are forced to be further troublesome to your Lordships, in our own defence, by the subtle and indirect arts and methods that have been lately used to make us appear guilty to H.M. and your Lordships of that heavy charge H.E. has been pleased to lay upon us, for the justification of his own proceedings in our suspension. We might have expected to have been more fairly proceeded with, and that H.E. would have attempted at least, according to H.M. Instructions, to have made some proofs here of his accusations against us, to the end we might be in some condition of making our defence, and giving in our answer to be transmitted to your Lordships, in order to H.M. judgement thereupon. But it being impossible to make any proof here of those charges of which we are altogether innocent, it is thought more advisable by those whose interest it is that we should appear guilty, and are very industrious to transfer their own crime upon us, to make their accusations against us at a large distance in England, where they hope their own confident allegations may be taken for granted and we be run down by interest, noise and clamour, but we are more truly sensible and certain of H.M. great justice and goodness, as also of your Lordships', than to be under any apprehension of such a misfortune. Since we have been turned from the Councill Board, much time hath been spent by H.E. and his new Councillors in forming Proclamations, Declarations, Speeches, and Propositions to the Assembly, and all ordered to be published in the Churches throughout the Island, only to put a fair gloss upon their late transactions; to this we may add the Protestation and Address of those 12 Gentlemen of the Assembly who have been so industrious to promote the Bill for standing forces as to obstruct all other business, thereby also endeavouring to evade the good design of her sacred Majesty for the advantage of this Island, express'd in her most gracious letter, one of the 12 Members of the Assembly and cheif promoter of the Bill, saying that this was the only way to make a present to the Governour without the Queen's knowledge, in which Protestation and Addresses (as we are informed), for they will give no copies, they are pleased to bestow very large and extravagant enconiums upon themselvs, and disadvantagiously represent, and cast undeserved reflections upon H.M. better subjects, and in order to carry on this design, Presentments and Addresses for the Grand Jury to sign to the Judge of the Court of Grand Sessions, to H.E. and to H.M., have been framed, and to the same purpose tend the Addresses of the new Councillors and Military Officers to H.E., being pick'd out for this very purpose, the great revolutions and alterations that have been in all Offices, military and civill, being made only to serve this design, and therefore we humbly hope that the suggestions of such persons as these (who are parties and cannot but be supposed to be very partial) may not easily obtain beleif, but that proofs may be required, and full enquiry first be made into the truth of things, and therefore we humbly pray that we may know all the particular charges that are laid against us, that we may be enabled to make our defence, in order to which we humbly desire that a Dedimus Potestatem may be granted, empowering some indifferent persons here to take depositions, and then we doubt not but we shall be able to make our own innocence appear, and to show where the faction lies. We entreat your Lordships to observe that the grand charge laid against us, is the encourageing faction of which no particular instance hath been offered, only H.E. is pleased to say in his Speech (to which his creatures eccho we are informed in their Address) that he hath some reason to beleive that the absenting Members of the Assembly have been encouraged by the suspended Members of the Councill; but we hope that a bare suggestion without any proof will not be favoured to our prejudice, especially when we can make the contrary appear (if we may have an opportunity) as clear as the sun by incontestible evidence (vizt.) that we endeavoured by all the arguments reproofs and entreaties we could use to prevail upon them to give their attendance and make an House, particularly telling them that we looked upon it to be a great reflection upon the Councill to suspect that they would pass any Bill that plainly appeared to be prejudicial to the Island, to which they made the same answer we mentioned in our former answer, that H.E. could suspend, put in and turn out Members of the Councill, as he thought fitt, and they doubted not but (if the Bill once passed their House) that H.E. would take that method to make way for it, in which the event proved they were not mistaken. Now, whether this be a sufficient excuse for their not meeting, we do not undertake to determine, it being referred to H.M. judgement and your Lordships' consideration, but we hope (if it shall be deem'd a fault) that we who were not in the least partakers of the guilt, shall not be sharers in the punishment, the proceedings of those Gentlemen in that matter, being contrary to our judgement and most constant advice. Signed, Geo. Lillington, Michll. Terrell, David Ramsay, Benj. Cryer. Endorsed, Recd. from Mr. Bernard. Recd. Read Nov. 14, 1704. 5 pp. [C.O. 28, 7. No. 58; and 29, 9. pp. 87–94.]
Nov. 14.
Whitehall.
654. W. Popple to J. Burchett. Encloses extract of Governor Handasyd's letter, Sept. 17, relating to ships of war at Jamaica. [C.O. 138, 11. p. 348.]
Nov. 15.655. Mr. Thurston to Mr. Popple. Enclosing following. Signed, J. Thurston. Endorsed, Recd. 15th, Read Nov. 28th, 1704. ¾ p. Enclosed,
655. i. Capt. Moody to J. Thurston. Repeats part of letter of Oct. 10. The provision ship from the Victualling Office is arrived, but out of 11,179lb. of biskett, 8,494 is condemned. I must supply the soldiers with necessaries and draw upon you for the same. I make no doubt to defend ourselves this year, the soldiers' hearts upon this change [the arrival of deserters from Placentia] being fixt to the service of H.M. intirely, but with full expectation of relief next year, which if neglected may prove of ill consequence to the whole country. This dismall country affords nothing worth your acceptance, only a barrel of fish which I have sent, etc. Signed, Jno. Moody. P.S.—The Surgeon's chest of medicins prove extrerordinary good. Addressed. Sealed. 2 pp.
655. ii. John Adams, inhabitant of St. John's Harbour, to the Council of Trade and Plantations. He was last year barberously beat and abused by Capt. Lloyd, to the utter ruin of him and his whole family. Prays for satisfaction out of his pay. Endorsed, Recd. 13th, Read Nov. 28, 1704. 1p.
655. iii. Deposition of several of the inhabitants of Newfoundland. In 1703 Capt. Lloyd did summon most of the inhabitants to fetch wood for H.M. Fort; Adams among the rest did so. Lloyd did then in a very barbarous manner beat and abuse him, and made several holes in his head, rendering him wholly incapable of ever managing business, etc. No signatures. Endorsed as preceding. 1p.
655. iv. Deposition of Tho. Adams, that he dressed five cuts in Adams' head. Next day Capt. Lloyd's cruelty continuing denied me forcibly. Signed, Tho. Adams. Sept. 6, 1704. Subscribed, I then dressed him. Signed, Christopher Wood. The whole, endorsed as preceding. 1 small p.
655. v. Certificate as to the truth of above. St. John's, Sept. 6, 1704. Signed, Tho. Adams, Surgn., Buckle Powell, Archi. Taylor, John Jordan. Endorsed as preceding. 1 p. [C.O. 194, 3. Nos. 31, 31.i.–v.; and (without enclosures) 195, 3. pp. 342–344.]
[Nov. 15.]656. Deposition of Charles Irvine, Clerk, Barbados. July 6 1704. Some time about the begining of this Assembly, before the election of the present Treasurer, Capt. Enoch Gretton and deponent were lamenting the heats and differences that had been in the former Assembly and began to appear in this, for the preventing of any farther increase in them. Capt. Gretton desired deponent to make a proposal to any of his friends in the Assembly, that if they would choose Col. Downes to be Treasurer for this one year, Col. Downes' friends would joyne with them in other things, and the business of the Assembly should be done; but if they would not choose Col. Downes, he had friends enough there to break the House, and no business would be done. He computed Col. Down's friends to be, for Christchurch parish two, for St. Philips one (I suppose meaning himself), for St. John's two, for St. Lucie's two, for St. Peter's one, and we found that the Assembly could not make a House without them. Capt. Gretton was positive that he knew of no other cause of difference in the Assembly, but that Col. Downes was struck at without a particular charge against him. Deponent concluded that the electing any other person to be Treasurer would cause a rupture in the Assembly, and would tend to its being dissolved. He argued with Lt. Col. Alleyne to that effect, etc. Signed, Cha. Irvine. Endorsed, Recd. Read Nov. 15, 1704. Recd. from Melisha Holder. 1 p. [C.O. 28, 7. No. 59.]