America and West Indies
March 1705, 26-31

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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456-475

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'America and West Indies: March 1705, 26-31', Calendar of State Papers Colonial, America and West Indies, Volume 22: 1704-1705 (1916), pp. 456-475. URL: http://www.british-history.ac.uk/report.aspx?compid=73682 Date accessed: 26 July 2014.


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March 1705, 26-31

March 26.
Fleet Prison.
974. Mr. Clifford to the Council of Trade and Plantations. Encloses copy of his letter to Mr. Shepherd etc., March 22, asking whether they intend to report on his accounts. Signed, Jer. Clifford. Endorsed, Recd. 26 March, Read May 2, 1705. 1½ pp. [C.O. 388, 75. Nos. 118, 118. i.; and 389, 36. pp. 259–263.]
March 26.
Whitehall.
975. W. Popple to Mr. Wharton. Encloses Order of Council, Feb. 12, with a copy of the charge against the Government of Rhode Island, for their answer. Annexed,
975. i. Charge exhibited against the Proceedings of the Chartered Government of Rhode Island. (1) The Government does not observe the Acts of Trade and Navigation, but countenances the violation thereof by permitting and encouraging of illegal trade and piracy. (2) Rhode Island is a receptacle of pirates, who are encouraged and harboured by this Government. (3) The Government harbours and protects soldiers, seamen and servants that desert from other H.M. Plantations; and will not deliver them up when they are reclaimed. They also give shelter to malefactors who make their escapes from other parts without delivering them up when demanded. Great numbers of the young men go out of the Massachusetts Bay and New York (where they are obliged to pay taxes for the support of H.M. Government and maintaining the war against the French and Indians) to Rhode Island, and are there entertained and induced to settle, chiefly for that no taxes are raised there for those necessary purposes. (4) The colony will not furnish their Quota towards the fortifying of Albany and assisting New York, the place of common security for all those parts, nor doe they give due assistance to the Massachusetts Bay against the French and Indians. (5) If any of H.M. subjects, being not inhabitants of this Colony, sue for a debt in the Courts, they can have no right done them if the Defendant be one of that Colony. (6) Under colour of their Charter they try robberies, murders and other crimes, make capital laws and punish with death without any legal authority for the same. Their proceedings in their Courts are very arbitrary and unjust. (7) They do not allow of the Laws of England to be pleaded in their Courts otherwise than as it may serve a turn for themselves. (8) They have refused to allow of Appeals to H.M. in Councill, and give great vexation to those that demand the same. (9) The Government have refused to submit to H.M. and H.R.H. Commissions of Vice-Admiralty, and for commanding their Militia, and have defeated the powers given to the Governors of H.M. neighbouring Colonies in this behalf. (10) When Col. Dudley went to Rhode Island to publish a Commission granted to him by H.M., by which he is impowered to command their Militia during the War, as likewise another Commission by which he is invested with the power of Vice-Admiralty, the Governour and Councill used indecent expressions towards H.M., saying they were insnar'd and injur'd, and would not give (nor have they since given) due obedience to the said Commissions. (11) When Col. Dudley desired to review their Militia, in order to the making proper regulations, he could not obtain any complyance from them, notwithstanding H.M. Commission, but on the contrary they say they would rather loose all at once and not by pieces. (12) The Quakers by their interest in this Government will not admit of any persons of estates or abilities into any places of publick trust. (13) Two privateers (Lawrence and Blew), commissioned by Col. Dudley, took a Spanish ship upon the coast of Cuba, which they brought into Rhode Island, where the men were debauch'd by that Government and prevented from sailing to their Commission Port, where they would have been made accomptable for H.M. dues and rights of the Lord High Admiral, and although he writ to the Captains, directing them to bring their said Prize to Boston, where they had received their Commission and their owners and sharers dwelt, there was no complyance therewith, but on the contrary the Receiver of H.R.H. dues was hindered from receiving the same. [C.O. 5, 1291. pp. 133–138.]
March 26.
Whitehall.
976. W. Popple, jr., to Sir H. Ashhurst. Encloses following charge against the Government of Connecticut for their answer. Annexed,
976. i. Charge exhibited against the Proceedings of the Charter Government of Connecticut. Nos. 1–9 identical with the corresponding charges against Rhode Island in preceding. (10) They have made a Law that no Christians who are not of their Community shall meet to worship God or have a Minister without lycense from their Assembly, which Law even extends to the Church of England as well as other professions tolerated in England. [C.O. 5, 1291. pp. 139–143.]
March 26.
Whitehall.
977. Council of Trade and Plantations to the Principal Officers of H.M. Ordnance. We do think it absolutely necessary that another Engineer be sent to Jamaica. [See March 24.] [C.O. 138, 11. pp. 387, 388.]
March 26.
Whitehall.
978. Council of Trade and Plantations to Governor Nicholson. Since ours of Aug. 24, we have received none from you. We have had under our consideration the Collection of Bills we received with your letter of Oct. 22, 1703, and have made such alterations therein as we judged proper for H.M. service and the benefit of Virginia, upon which H.M. has been pleased to direct us that the said Bills thus amended be transmitted to you to the end that you lay them before the Council and Assembly together with those other Bills upon which no alterations have been made, that as well the one as the other may be past into Acts in the usual manner; and that you thereupon transmit unto us a compleat Collection of all the Acts so past, as also of such as have been past since the compiling the said Body of Bills, for H.M. further pleasure thereupon. We therefore enclose copies of such Bills or clauses as we have amended, together with a list of the whole with plain notes in the Margent, whereby you will easily perceive what is intended should be done upon each Bill, and we recommend the same to you to be layd before the Council and Assembly at the first opportunity, according to H.M. foresaid directions. In consideration of his great pains and charges, etc., we recommended Mr. Jennings for an allowance of 200l., besides the 100l. advanced him at his coming from Virginia, for which he has obtained warrants, and he having represented that his charges have been augmented by a longer stay here than was expected, and that he has sustained a considerable loss in the profit of his offices, and of part of H.M. allowance as one of the Council, as also by his long absence from his private concerns, we are of opinion that the allowance granted him is too small, but since it is not in our power to recommend his case a second time to H.M., we refer him to your favour, that you may bestow on him what suitable reward may fall in your gift, sufficient to defray his expences and losses, which we shall take kindly in respect to him, and think it may give encouragement for others readily to undertake H.M. extraordinary services as Mr. Jennings has done to our satisfaction. You are to take care that upon the passing the new Body of Laws and of any other Laws, the same be passed seperately, and so sent to us that H.M. assent or dissent may be signified thereupon in the same separate manner. Enclose Acts of Parliament for prohibiting all Trade and Commerce with France, and for preventing all traiterous correspondence with H.M. enemies, which you are to publish in your Government, and which will be a direction to you in all cases of that nature. We enclose several printed Acts of Parliament for the encouraging the importation of Naval Stores into this Kingdom, together with a letter from Mr. Secretary Hedges in that behalf, hoping for a good effect from this new undertaking. Annexed,
978. i. Index of enclosed Virginia Bills. Memorandum subscribed The stile of enacting ought to be altered in all the Bills, vizt., "Be it enacted by the Governor, Councill and Burgesses of this present General Assembly, and it is hereby enacted by the authority of the same."
There ought to be an Act for settling of the fees of officers.
H.M. name to be inserted in all the Acts instead of his late Majesty. [C.O. 5, 1361. pp. 57–68.]
March 26.
Whitehall.
979. Council of Trade and Plantations to Governor Lord Cornbury. Since ours of Aug. 24, we have received two from you, Nov. 6., with papers said to be enclosed, except only the copy of the grant by King Charles II. of the lands from St. Croix eastward to the Duke of York. As to Mr. Mompesson's being Cheif Justice in the room of Mr. Bridges deceased, we do not doubt but that he will answer the character you give of him, and the expectation you have that he will discharge his duty, but do not think it needfull to apply to the Queen for her confirmation, not judging it to be either of use to your Lordship or advantage to him, since by the Commission given him by your Lordship, he is actually Cheif Justice, and entituled to the proffits appertaining to that office. As to the account you give us of your hasty call from Jersey by an allarm at Albany upon some mistaken advice of the French Indians falling into those parts, we are very well satisfyed to hear that the Militia was in a condition to anticipate your orders, and that even the neighbouring Indians show'd themselvs so stedfast in their being ready to come in to their assistance if there had been occasion. As to the Assembly, we very much approve of your Lordship's care in preserving H.M. prerogative and ye rights of Government, and we hope your endeavours will prove effectual to bring them to that moderation and obedience that may most tend to the publick good. We conceive no reason why the Councill should not have right to amend all Bills sent to them by the Assembly, even those relating to money. But more particularly we cannot but blame the Assembly for their assuming a right to settle the value of coin (which as your Lordship observes, does incroach upon H.M. undoubted Prerogative). As to the raising or falling of coin, you have H.M. Proclamation, which we sent you June 29, which ought to put an end to all disputes upon that subject. We told your Lordship in our last, the difficulties we should meet with in representing your want of supplies of stores of war, not having been furnished by your Lordship with exact accounts of what you desire, as likewise of the consumption of those stores you have already had, which we desire you to send on the first occasion. In the meantime we do not find there has been any real occasion for the consumption of powder, and desire you for the future that the powder be frugally mannag'd, and no part thereof wasted in unnecessary salutes. H.M. expects you should move the next Assembly that they raise a fund for the purchasing of military stores and for the supplying other uses as the defence of the Province may require. We further observe that the soldiers having been once provided with small arms and accoutrements, those things are afterwards to be furnished out of their pay, so that such arms are not properly to be demanded of H.M. We have laid before H.M. the state of the Province in all respects as your Lordship gives it us and have represented as Feb. 22. We have further represented what your Lordship writes of the necessity of a man of war of 40 guns. And H.M. has instead thereof appointed 2 ships of a lesser rate which may be more usefull. Upon all which as we receive H.M. directions, we will not fail to acquaint your Lordship therewith. The Act declaring the illegality of the Proceedings against Col. Bayard and Alderman Hutchins has been observed by H.M. Attorney Generall to be defective in a very material point, for which reason we have not offer'd it to H.M. for her royal confirmation, but have proposed our opinion that the defect may be amended. We therefore send you our Representation, together with H.M. Order in Councill thereupon [No. 741], that you may take care accordingly, etc. Enclose, Petition of Capt. Nanfan [Feb. 15, '05]. We hereupon desire your Lordship to acquaint us what those Actions were which he mentions, and further that you would give such directions as may be fit, that no person whatsoever may in any manner hinder his correspondent from transmitting over hither the vouchers of his accounts, which he would refer to, and that your Lordship would give your assistance herein, for the expediting his affairs, his condition seeming worthy of compassion. P.S.—We enclose H.M. letter, by which your Lordship will be more particularly directed in the accounts you are to give of the publick stores. We have under consideration the business of New Jersey, as transmitted to us by your Lordship, and having communicated to the Proprietors here what to them appertains we hope to come to a speedy resolution thereupon. We likewise send you copies of 2 Acts past here the last Sessions of Parliament, for prohibiting all trade and commerce with France, and for preventing all traiterous correspondence with H.M. enemies, which you are to publish in your Government, and which will be a direction to you in all cases of that nature. We do likewise inclose to you severall printed Acts of Parliament for the encouraging the importation of Naval Stores into this Kingdom, together with a letter from Mr. Secretary Hedges in that behalf, hoping for a good effect from this new undertaking. [C.O. 5, 1120. pp. 278–286.]
March 27.
Cock-pitt.
980. Sir C. Hedges to the Council of Trade and Plantations. The Queen having been pleased to appoint Col. Park to be Governor of the Leeward Islands in the room of Sir W. Matthews deceased, it is H.M. pleasure that you cause a Commission and Instructions to be prepared for him for that Government. Signed, C. Hedges. Endorsed, Recd. Read March 28, 1705. ¾ p. [C.O. 152, 6. No. 8; and 153, 9. p. 93.]
March 27.981. W. Popple, jr., to Mr. Burchett. The Council of Trade and Plantations finding that there hath been much powder wasted by unnecessary salutes in some of H.M. Plantations, desire a copy of the regulation of salutes, in order to their giving directions to the Governors thereupon. [C.O. 324, 9. p. 71.]
March 27.
Newcastle.
982. Lt. Governor Usher to the Council of Trade and Plantations. Since mine of March 21, did order Samuel Penhollow, Treasurer, to gett his accounts of revenue redy to be sent for England by this conveyance, it being above one year since were sent, but he refused soe to do. In the accounts of Major Vaughan, considerable summs money paid without order Council. In Penhollow's account mony paid out of the Treasury for carrying on Walderon's case against Col. Allen, and several hundreds pounds charged for disbursments, when there noe account of one penny on file for same, etc. As to minnitts Council, nott one halfe year since sent. Account of King's stores I here inclose. Col. Allen, March 23, had a tryal, before which H.E. (by providence God prevented being here) sent to me he was sorry cou'd nott be here to say over and again what he had formerly in Council opened, and directed Capt. Hincks to find a speciall verdictt; thatt the Courtt procede with other cases; and in case Col. Allen desired further time to be staid and adjourn'd, to acquaint Mr. Hincks with same, all wch. was done; Coll. Allen proceeding with his case, in hearing of which the Council on both sides had a faire hearing, and all justice that could be granted; the case committed to the Jury, with copy of Queen's Order for a speciall verdictt, Jury brought in for Deft. costt Courtt; could nott expectt otherwise, the Judges and jurors persons which give money to Walderen to cary on his case. The verdictt being broughtt in and read, Coll. Allen by his Attorney moved the Jury be directed to finde specially, produced and offered the Queen's Order in Council for the Judges to direct Jury find specially, wch. they refused. I did before ye verdictt received and recorded, as Lt. Governor demand and require the Judges to directt the Jury to finde specially, pursuant to Queen's Orders, wch. they refused; and while Coll. Allen's Attorny and myself pressing for a speciall verdictt (they would nott read the Queen's Order and direction with the seal) butt in a contemptuous manner, and with greatt partiallity and violence ordered the verdictt to be recd. and recorded, and gave costt 5l. 7s. 0d. Coll. Allen appealed to Governor and Councill, wch. is to sitt 2nd Tuesday in May. To actt contrary to the Governor's directions to the Judges and mine, pursuant to Queen's directions under Seal, and doeing of it with contempt, hope H.M. will order the Judges to appear in England to answer for there contempt, and denying justice to the subjectt, with the case; itt will soon make them become more loyall and dutifull. Repeats complaints of March 21. No lodgings provided for me ever since arriveall mastt-ships, the carriage of people contemptuous, persons Councill affronting, disrespectfull to Queen's Commission, and in contempt refuse to attend in Councill when summoned, ytt [? at] moste meetings in Councill butt three or foure, not being able to uphold the Queen's Honor, and Councill declaring have nothing for H.M. service or country for me to doe, not being able to bare such affronts, the Province being in good posture of defence, I shall leave the Province till receive further orders from you. Signed, John Usher. Endorsed, Recd. June 25, 1705. Read March 28, 1707. Holograph. 1 p. [C.O. 5, 864. No. 172; and 5, 912. pp. 334–337.]
March 28.
Portsmouth in America.
983. Col. Romer to the Council of Trade and Plantations. Returns thanks for leave to come home. My pen is not able to expres the calamityes and contempts I have suffered and do still suffer. I wish Capt. Redknap may be happyer and meet with better treatment in avancing our Great Queen's service. Upon his arrival, I was just upon the finishing part of Piscataqua's Fortifications, but a severe winter ushering in retarded the worke, and there is now five or six weeks time required to accomplish it. etc. I intend to return by the Virginia convoy. Signed, Wolfgang Römer. Endorsed, Recd. June 29, 1705. Read Feb. 28, 1706/7. 1 p. [C.O. 5, 864. No. 154.]
March 28.984. Attorney General to the Queen. In obedience to your Majesty's Commands to Mr. Sollicitor General and myself, I have in his absence reviewed our opinions given to the Council of Trade and Plantations, and have heard Thomas Maycock and William Tyrrell on their petition, and the Agents for Barbadoes. The petitioners have alledged that by the standing orders, the Assembly may expell any member for misbehaviour, but no instance hath been given of any Member having ever been expelled. And there is another order, that every Member of that Assembly voluntarily absenting himself forfeits 4s. per hour to be paid to the Clerk of the Assembly, but not more than 20s. for one day, for non-payment whereof the Assembly have committed some of their Members, and the Agents for the Plantations have agreed that there is such an order, which is read and agreed to by the Members at the beginning of every Assembly, and by every new Member when he first comes into the Assembly, but that the same is not a binding order, being only an agreement of the Members that they will attend the Assembly under those forfeitures, and that there is no power to compel payment of them by imprisonment or otherwise. I am humbly of opinion that such an order hath not the force of a Law, but is only a private agreement among themselves in order to keep the Members of the Assembly together, and cannot exclude your Majesty from punishing the Members for their contempt of your Majesty's authority in absenting from the Assembly, as is expressed in our former Report. But whether the prosecution of an Assembly-man in the Courts of Justice of that Island without any application from the Assembly to your Majesty or your Governor there for that purpose, may not tend to your Majesty's disservice by creating an uneasiness in the present and all future Assemblys, and occasion an unwillingness to serve therein, is most humbly submitted to your Majesty. I have had no consideration of the particular case of the Petitioners, although they offered to have stated matters relating to their justification, the same depending before the Council of Trade, and not being referr'd to Mr. Sollicitor and myself. Signed, Edw. Northey. Endorsed, Recd. March 30, 1705. 2¾ pp. [C.O. 28, 7. No. 149; and 29, 9. pp. 275–278.]
March 28.
Whitehall.
985. W. Popple to Sir John Colleton, Bart. Sir B. Granville having put Mr. James Colleton into the Council of Barbadoes, the Council of Trade and Plantations desire you to inform me whether you have any objection. [C.O. 29, 9. p. 226.]
March 28.986. Mr. Thurston to Mr. Popple. The discourse which has been for some time of the Company at Newfoundland being to be relieved, and that the Garrison there for the future is to be upon another foot, has made me defer laying my yearly demands before the Council of Trade and Plantations. I desire you will move their Lordships for their directions. Signed, J. Thurston. Enclosed, Recd. Read April 11, 1705. Addressed. 1 p. [C.O. 194, 3. No. 50; and 195, 3. pp. 410, 411.]
March 28.
Whitehall.
987. Sir Charles Hedges to the Council of Trade and Plantations. I am commanded by H.M. to refer to your consideration the following. Signed, C. Hedges. Endorsed, Recd. Read March 30, 1705. 1 p. Enclosed,
987. i. Edmund Dummer to the Queen. Prays that his packet-boats to the West Indies may be exempt from paying powder-money and other duties there. 1 p. [C.O. 323, 5. Nos. 75, 75.i.; and 324, 9. pp. 81, 82.]
[March 29.]988. John Bridger to the Queen. Prays to be appointed H.M. Surveyor of Woods and Naval Stores in America. [See March 16.] Inscribed,
988. i. H.M. refers this petition to the Council of Trade and Plantations for their report. St. James'. March 29, 1705. Signed, Ro. Harley. Endorsed, Recd. Read April 2. The whole 1 p. [C.O. 323, 5. Nos. 77, 77. i.; and 324, 9. pp. 83–86.]
March 29.
St. James'.
989. Order of Queen in Council. Refer enclosed representations concerning the ports of Virginia to the Council of Trade and Plantations. [See Acts of Privy Council, II. No. 965.] Signed, John Povey. Endorsed, Recd. April 2, 1705. ¾ p. Enclosed,
989. i. Lord High Treasurer to the Queen. Treasury Chambers, March 19, 1705. I am of opinion with the [following] that it will be for the benefit of the Revenue to have a settlement of such ports and places as the merchants propose for the exclusive discharge and lading of ships to [? at] Virginia, but how far this settlement may be for the advantage of Trade in generall, etc., I conceive most proper to be considered by the Council of Trade and Plantations. Signed, Godolphin. Copy. 1 p.
989. ii. Commissioners of Customs to the Lord High Treasurer. Custom House, London, March 7, 1704/5. See preceding. It has been found by experience that by the present practice of ships lying dispersed up and down, at the election of the masters, far remote from the officers' abodes, they have not been able to attend the due delivery and lading. Pray that the Governor of Virginia be recommended to establish ports by an Act of Assembly etc. Signed, T. Newport, Sa. Clarke, Wm. Culliford, Rich. Breton. Copy. 1½ pp.
989. iii. Mr. Jenings etc. to H.M. Commissioners of Customs. Propose the settlement of Ports in Virginia as above. Signed, E. Jenings, Micajah Perry, Tho. Lane, Richard Perry, Jona. Mathew, Francis Willis, M. Corbin. 2 pp.
989. iv. Ports proposed by above:—2 in James River, 2 in York River, one at Williamsburgh, Rappahanock 2, Potomock 2, Eastern Shore 1. The particular places to be appointed by the General Assembly or Governor in Council. ¾ p. [C.O. 5, 1314. Nos. 45, 45.i.–iv.; and 5, 1361. pp. 70–79.]
March 29.
Admiralty Office.
990. Mr. Burchett to Mr. Popple. In reply to March 27, encloses the last regulation about salutes with gunns, it being supposed that their Lordps. intend to regulate such salutes as the Governours of the Plantations shall have occasion to make, and not to interfere with anything therein which may relate to the Captains of H.M. shipps appointed to attend the sayd Plantations. Signed, J. Burchett. Endorsed, Recd. March 30, 1705. Addressed. 1 p. Enclosed,
990. i. Copy of regulations as to salutes, March 3, 170½, referred to in preceding. 10 pp. [C.O. 323, 5. Nos. 74, 74.i.; and 324, 9. pp. 72–81.]
March 29.
Tower of London.
991. Mr. Bridges to Mr. Popple. Encloses following. Signed, W. Bridges. Endorsed, Recd. Read March 30, 1705. 1 p. Enclosed,
991. i. Printed Instructions to H.M. Governours and Commanders of Forts etc. relating to salutes. Signed, W. Blathwayt. With Order of Council as to same. March 13, 1689. 6 pp. [C.O. 323, 5. Nos. 76, 76.i.; and (without enclosure) 324, 9. p. 83.]
March 29.
Whitehall.
992. Council of Trade and Plantations to the Queen. Report upon the complaints of the absenting Members of the late Assembly of Barbadoes, and of the Four Suspended Counsellors, against Governor Sir B. Granville. We have several times been attended by Col. Maycock and Col. Tyrrel (two of the complainants who signed the first petition against the Governour) and by other Merchants and Planters of Barbadoes, as also by the Agents of that Island and severall gentlemen who appear in vindication of the Governour, and have also severall times heard both parties by their Councill, who have exhibited to us severall affidavits to prove the [complaints made]; and we do thereupon humbly take leave to represent to your Majesty what has been offer'd to upon the severall heads as follows: (1) As to Article 1, which relates to the harrassing the Militia, the complainants have produced to us the depositions of the said Maycock and Tyrrell, and of Lawrence Row and John Curl, etc. In answer, the Agents for the Governour have objected against the evidence of Col. Maycock and Col. Tyrrell, as having signed the first petition, and being therefore parties concerned. They objected against the evidence of John Curl, for that it had been directed by the Assembly of Barbadoes that the said Curll should be prosecuted for perjury. In proof whereof a Minute of the Assembly of Aug. 24, 1704, was produced. The Agents for the Governour insisted that it being a time of war and the Island exposed to the enemy, it was the Governour's duty as Capt.-Generall to keep guards upon the coast and elsewhere; and they produced the Minutes of Councill of Jan. 18, and Feb. 8, 170¾, whereby it appears that the Councill and the Collonels of the Militia (of which number were two of the complainants, Maycock and Kirton), did unanimously declare that it was absolutely necessary that a constant guard should be kept on the coasts, without which they were of opinion the Island could not be safe. Upon examination of this article we find that the Governour as Captain Generall has not harass'd (as the complainants express it) the Militia, but ordered them as the safety of the Island and your Majesties' service required in this time of war and of continual alarms. (2) As to the second article, that the Governour had endeavoured to procure the passing of a Bill in the Assembly for raising two Companies of Granadiers, whereby he would have drawn an advantage to himself, the complainants have produced to us the affidavits of the said Col. Maycock and Col. Tyrell that they beleive that the reason for putting the Militia upon hard duty was to induce the Assembly to pass an Act for the raising two Companies of Granadiers as aforesaid, to keep guard in the fortifications under certain allowances of provisions and pay, which, by a clause in the Bill, were to be satisfyed and attributed to the Companys by such persons as the Governour should appoint, whereby as they alledge the Governour would have got 3,000l. and might by this means have evaded your Majesties commands restraining Governours from receiving presents from General Assemblies. For that provisions might have been purchased at a cheaper rate then the money allotted for this service amounted unto. They have likewise produced the affidavits of Mr. Guy Ball and Mr. William Heysham [see March 2]. In answer whereunto the Agents for the Governour aver that this Bill was not brought in by the direction or at the desire of the Governour, but by the Assembly themselvs, in order to ease the inhabitants from the hard duty of guards, which must have been kept without this provision. They produced the affidavits of Mr. Alexander Walker, Col. John Holder and Mr. John Harper, Members then of the Assembly, that Mr. Kirton, Mr. Maxwell and Mr. Gretton (three of the complainants) were appointed as a Committee to draw up and bring in the Bill; and that when the question was put upon a clause in that Bill, what summ should be deposited in the Governour's hands for getting of intelligence, Col. Maycock and Col. Kirton, two of the complainants, voted that the summ might be 1,500l., and Col. Tyrell, another of the complainants, voted it might be 1,000l., whereas it was carryed by the majority but for 200l. The Agents for the Governour further observed that this charge was but a bare supposition, for the complainants only pretended that the Governour might have made an advantage of 3,000l. by that Bill, in case it had passed. But to clear the Governour from that imputation they further produced the affidavits of Col. Sharp and Col. Johnstown, Members of your Majesties Councill, that the Governour declared to them, and desired them to acquaint their friends in the Assembly, that in case the Bill passed that House and was brought up to the Councill, if he, the Governour, found anything in it that looked like an advantage to himself, he would expunge the same, or not pass the Bill. And that he had said the same thing to the Councill. They further alledged that according to the intent of the Bill, the Governour could not make this supposed advantage to himself, for that the person to be appointed by him for the disposal of this money, was still accountable by Law for what might have been saved by the provisions, though no particular mention were made thereof in the Bill. It does not appear by any evidence offered to us that the Governour procured the bringing in this Bill to the Assembly, and the said Bill not having been brought up to the Councill where the Governour presides, we do not find that he gave any approbation or countenance thereunto. As to the Articles 3 and 4, relating to the turning out of Officers, and putting others unqualified in their places. Analyse affidavits of Col. Maycock, Col. Terrill and L. Row [see March 2]. To which it is answered by the Agents in behalf of the Government that they were not displaced for voting against the said Bill, but because they continued obstinate in absenting themselvs from the service of the Assembly, notwithstanding the frequent admonitions of your Majesty's Governour and Councill, and the endeavours of the major part of the Assembly to reclaim them to their duty, which occasioned a total cessation of business in the Assembly, to the great prejudice of your Majesty's affairs, and that this practice of Members absenting themselvs from the service of that House was not occasioned by the foresaid Bill, for that it appeared by the Minutes of the Assembly, that from Oct. 27, 1702, to Nov. 24 following, and from Jan. 7, 1702/3 to March 2 following (those two spaces of time making three months) the Assembly was forc'd to adjourn themselves by five severall adjournments; and this happened before the arrival of Sir B. Granville. Upon which we humbly offer that this combination and practice of Members absenting themselves from the Assembly, and thereby hindering the progress of the publick business, is distructive to the ends of Government, as we represented at large to your Majesty Oct. 26, 1704, and we take leave to add that the said persons did justly merit the discountenance of your Majesties Governour by his removing them from their respective employments in that Island. (5) As to the Governour's receiving of presents, quote affidavits of Col. Maycock and Col. Terril, March 2. In answer to this Article, the Agents for the Governour alledged that the 600l. was really given for reimbursing the Governour, according to the particulars mentioned in the Minutes aforesaid, and to shew that the Assembly did understand it so, they produced the latter part of the said Minute, omitted by the complainants, which are in the words following, "And that the same do not exceed 600l. sterling, yet if the expences aforesaid surmount that summe, a further allowance should be made," They produced the affidavits of Col. John Holder and Mr. George Harper (Members of the then Assembly) that to the best of their remembrance Col. Maycock and Col. Tyrrell (two of the complainants) thought these charges so reasonable that when the question was put what summ should be allowed, they voted for 1,000l., whereas ye summ of 600l. only was carrayed by ye majority and that ye complainants seemed afterwards concerned it was not carry'd for 1,000l. And as for the present of 500l., they alledged that it was only in wine and provisions for the Governour's reception and accomodation, according to the Minute. Upon which we are humbly of opinion that as to the 600l., though said to be given for flaggs of truce and other publick uses, and particularly for the reception and entertainment of his family till a house should be appointed, yet the Governour receiving the said summ has not conformed himself to your Majesties Instructions, and as to the 500l. said to be allowed him for supplying his celler with liquors, tho' it be averred by the Agents for the Governour that he had spent a great quantity of his own liquor upon his arrival at the Island, and that this supply was as well for the entertainment of the Councill and Assembly, as for his own particular use, and that such entertainment had always been customary, yet we conceive that herein also the Governor has not duly observ'd your Majesty's Instructions, by which he is forbid to receive presents of any kind, or from any persons whatsoever. As to a present said to be made to the Governour by the Jews, the complainants have not offer'd any proof to make out that charge. And as to the alterations deposed to be made at the Governour's desire in the Minutes of the Assembly, we do humbly offer that the Governour may be acquainted with this charge and return his answer thereunto. As to Article 6, that the said Governour favours Scotchmen, we do not find that he has made any national distinction between your Majesty's subjects in the disposal of places. Nor have the complainants produced any evidence of the Governor's having received presents from any of the Scots nation. As to the Article relating to Mr. Francis Lee's having been forcibly brought off that Island by Capt. St. Loe, we have [see Jan. 11] particularly heard and examined that matter. Lee has exhibited to us his affidavit, setting forth that he has for 7 years last past practised as a Sollicitor at Law in the Island of Barbadoes, and was intrusted with the deeds and titles of severall considerable persons' estates, that on Sep. 16, 1704, being on duty as an Ensign of the Militia, he was sent for several times under pretence of his settling the affaires of a private person; that soon after going from his post, he was violently seized by Nicholas Wanley, Lieut. of H.M.S. Dolphin, and hurryed aboard the said ship, that he there demanded of Capt. St. Lo the cause of that proceeding and desired to be set on shore, which the said Captain refused, pretending he was a stranger to the matter, and would the next day inquire into it; that he acquainted Captain St. Lo with his circumstances, and that severall persons, with whose papers he was intrusted, would be sufferers by his detention, and again desired to be released, which the said Captain still refused; that the said Captain carryed him to Nevis, where he was set on shore, and there meeting with Col. Maycock and Col. Tyrrell, two of the complainants, on board your Majesties ship the Blackwall, they indeavoured to perswade him the said Lee, that Sir. B. Granville was concerned in his being so brought off, and that if he should return to Barbadoes, those that had so contrived his ruine, would endeavour to destroy him, which so terrifyed him that he came to England in company of Coll. Maycock and Tyrrell. To which Lee added that he believes the reason for his being thus brought away was because he was to have been an evidence against one Slingsby for severall evill practices in Barbadoes, and for that he had begun a suit against the said Slingsby. On the other side Capt. St. Loe presented to us his affidavit [quoted]. And Capt. St. Loe being asked by us, why he would take upon himself to impress any man in the Plantations, he answer'd that he had no Instructions to the contrary, and that he had prest no other person besides the said Lee, not wanting men, nor would have prest him, had it not been at the instigation of Skene. Upon which we are humbly of opinion that Capt. St. Loe, in taking the said Lee from off the Island, has acted in a violent and unwarrantable manner, such proceedings causing great terrour to your Majesties subjects inhabiting the Plantations; that Alexander Skene, Secretary of that Island, is guilty of a great misdemeanour in contriving and abetting the carrying off Lee from his profession and dwelling; that as to what Capt. St. Loe alledges, that he acquainted the Governour of his having prest the said Lee and carryed him on board, the Governour ought not to have consented to his being taken from the Island, but on the contrary, should have endeavoured to prevent the same. As to Article 8, whereby Skene is charged with taking irregular fees, the complainants produced to us the affidavit of William Bayly and Henry Keys quoted. To which the Agents for the Governour reply, that this matter wholly regards Mr. Skene, and noe ways effects the Governour, who is not concerned in the fees of the Secretary of the Island, and that if Mr. Skene in this particular has been faulty, he is punishable by the Laws of the Island. Whereupon, we finde by the two depositions before mentioned and the concurrent testimony of several merchants, that Skene has required more fees for permits to outward bound ships than usual, which laying a new burthen upon trade, we are of opinion that the Governour and Councill be directed to call before them the said Skeen, and likewise all persons herein concerned, that they make a strict enquiry into this complaint, and that they transmit a true account thereof for your Majesty's final directions thereupon. As to Article 9, wherein it is set forth by the complainants, that Col. W. Holder has by the Governor been appointed Chief Judge of the Court of Common Pleas of St. Michaels and been admitted by him Speaker of the Assembly, although he is not known to be of any Christian community, nor has ever been baptized; the Agents do affirm that Holder was appointed Judge of the said Court in Councill, and have produced to us the Minutes of Councill of March 16, 1703, to that effect and that he was twice chosen Speaker by the Assembly. It appears to us that Col. Holder was appointed Cheif Justice in Councill, and that he was twice regularly chosen Speaker by the Assembly. And as to his having not been christ'ned, the complainants have not undertaken either here or in Barbadoes to prove that allegation; so that it does not appear to us, that the Governour is affected by this Article. As to Article 10, that the Governour had not caused expeditious justice to be done in a particular case, upon which complaints have been made to him against Col. Holder, then Speaker of the Assembly, quote Col. Maycock's affidavit March 2. In answer to which Col. Cleland, in behalf of the Governour, affirms that the petitioner before mentioned had refused to sign the petition wherein he gave the information against the said Holder, and had desired that the said petition might not be examined (the matter of fact therein contained being false), that the petitioner had told him, Cleland, that he was put upon presenting that petition by the complainants, and he added that the person said to have been murder'd had been seen severall times since the presenting the said petition. We do not find that the Governour deserved any blame, or that he did hinder the regular proceeding of justice in this case, besides that it does not appear to us that any man was killed, or the soldiers cruelly used by Holder. As to Article 11, that the Governour used indirect proceedings in the elections of the Assembly-men, the complainants, Col. Maycock and Tyrrell, produce their own affidavits, as likewise those of Lawrence Row, John Curl, and Francis White [quoted], that on the day of election for the parish of St. Lucy's, where Col. Maycock and Col. Tyrrell stood candidates, many of the freeholders were kept on the guard, and such only permitted to poll as would vote for the other candidates; notwithstanding that Samll. Osburn, who that day commanded the guard, was desired by Maycock and Tyrrell to permit all to come who had a right to vote, and that he refused it, saying his orders were not to suffer them to stir; that William Gourdon, who was appointed by the Governour to execute the writ of election, in the room of Mr. Tyrrell, at that time suspended from the Councill, refused to swear a voter according to the Law of the Island, and under pretence of being affronted, shut up the poll 4 hours sooner than he ought to have done, whereby 30 voters were excluded from polling; for which service of the said Gourdon's he was prefer'd from a place of 80l. a year to a place of 100l. In answer to this Article, the Defendants have produced the petition of William Gourdon to the Governour, setting forth the injurious affronts he received from Maycock and Tyrrell, particularly that they violently or forcibly wrested from him the holy Bible and the book of Laws, denying him to act as the Law had appointed; whereupon the petitioner, finding himself unlawfully restrained, shut up the poll, whilst Maycock and Tyrrell continued to collect the votes of the freeholders, and declar'd that notwithstanding the Governour had appointed Gourdon to act as Sherriff, they would act as they pleased, swear whom they pleased, and order the proceedings of the election as to them should seem proper. The Agents further referr'd themselves to the Minutes of Assembly August 24, 1704, whereby it appears that upon the hearing of the petition of Maycock and Tyrrell in relation to the said election, the Assembly voted Maycock and Tyrrell guilty of using violence to the Sheriff and menaces to other people there, and that accordingly the Assembly voted that Maycock and Tyrrell were not qualify'd according to Law to be elected Representatives for the said parish for that year. The Agents for the Governour further offer'd that in case the matter of the complaint as stated in the petition were true, it does not affect the Governour, for that it does not appear that he was any ways concerned therein. Upon this Article, we do not find that the Governour was otherwise concerned in this election than in issuing out the writs, as his duty obliged him, and as to what tumults and irregularities might have happn'd at the said election, the same having been brought before the Assembly as usual, where the case was adjudged against the complaints., we have nothing further to answer thereupon. As to Article 12, that your Majesty's ships of war attending that Island had been diverted from their proper service, and that the Governour stopt a convoy and a fleet from sayling upon application and presents from particular persons, the complainants produced the affidavits of Capt. Martin and Guy Ball [see March 2]. The Agents on the Governour's behalf observed that Mr. Ball does not swear positively that the Governour had the money, and that therefore what Mr. Skene transacted in that matter ought not to be imputed to the Governour; that the Governour granted the order for stoping the fleet upon a petition signed by 24 merchants and others concerned, which petition Mr. Ball acknowledg'd himself to have signed and delivered. Upon which we humbly observe that what is alledged by Capt. Martin, that the Governour expected any number of negroes or other presents from the Captains of your Majesty's ships of war upon their taking any prizes is only by hearsay from a third person, and as for what the Governour intimated to Martin, that he could make an advantage of a third ship, we have only the deposition of Martin, to which the Governour has not had an opportunity of returning his answer. Further, the Governour before we received this affidavit had sent over a charge of misdemeanors against Martin, for which Martin is to be tryed by a Court Martial. To what Mr. Guy Ball deposeth, that he gave the summ of 210l. to Mr. Skene, for obtaining a stop of the merchants ships for some days, we are humbly of opinion that it is not only a very great accusation against Skeene, but a reflection upon the Governour; whereupon we offer that the Governour be required to make an answer for his own justification in this matter, which otherwise will deserve your Majesty's highest displeasure, and as to Skeen, against whom there is personal evidence of Guy Ball, that he gave the money into his hands, we do represent him as unfit for the trust he holds from your Majesty, in case, upon receiving the copy of this and the other depositions against him, he shall not be able to clear himself from the foresaid accusations. And whereas the Complainants do in the general alledge, that many considerable traders in the Island are so much dissatisfyed with the proceedings of the Governour that some have already left the Island, and others are preparing to do the same, the Agents in behalf of the Governour have laid before us the copy of an Address presented to your Majesty from the Members of your Majesty's present Councill and Assembly, in behalf of themselves and the rest of the inhabitants, wherein they render their most humble thanks to your Majesty for your bounty and favour in appointing Sir Beville Granville their Governour, and further taking notice that the complainants and others have endeavoured the subversion of the Laws and Government, and having been discountenanced in their irregular proceedings therein, were exasperated to petition against the Governour, humbly praying your Majesty to continue him in that station. They further offered us a petition of several gentlemen, merchants and planters now in England, who have estates in the Island of Barbadoes, setting forth that they are convinced that the said Governour hath ever since his entrance into the administration of that Government, behaved himself with all possible diligence, fidelity and care for your Majesty's service, and with impartial justice and moderation for the true interest and welfare of your Majesty's subjects in that Island. We further take leave humbly to represent to your Majesty, that we have gone through divers examinations, in obedience to your Majesty's Orders of Councill, refering to us several petitions of George Lillington, Michael Tyrrell, David Ramsay and Benjamin Cryer, suspended by the Governour from your Majesty's Councill, and praying to be restored to their places; upon all which we humbly offer that the Governour being obliged by his Instructions, upon suspending any of the Councill, to give reasons and transmit his proofs for his so doing, we find that the Governour has suspended the said Counsellors for acting with and privately countenancing those Members of the Assembly from whose irregular proceedings and contrived absence the Island was brought under the greatest distress, and the usual revenue discontinued, which correspondence he conceived to have amounted to faction against the Government; and we humbly conceive that in that difficult juncture of affaires the Governour had reason to suspend them from the Councill. But whereas the said Counsellors have publickly disavowed any such combination or contrivance, and declared their dislike of these irregular proceedings of the said Members of Assembly; upon consideration also that the suspension itself has been so far a punishment, we humbly offer that it may contribute to your Majesty's service and to the peace and quiet of that Island that your Majesty signify your royall pleasure to your Governour that the said Counsellors, making a due and respectfull submission to him and declaring their resolution of laying aside all personal animosities, and contributing to the utmost of their power to the publick good, your Majesty's Governour do re-admit the said persons to their former places in the Councill. We further beg leave to observe that upon the re-admission of these 4 Counsellors, those which the Governour has appointed in their room may have your Majesty's confirmation, in which case the Counsellors residing upon the place will not exceed the usual number of 12. And whereas the petitions above mentioned of the suspended Counsellors doe likewise contain matters of complaint against the Governour, upon which your Majesty had ordered letters to be prepared for the examination thereof in Barbadoes, we humbly represent that these complaints are to the same effect with those made by the Members of the Assembly, which together with our humble opinion we have laid before your Majesty in this report. [C.O. 29, 9. pp. 227–275.]
March 29.993. Capt. Lloyd to [? Sir Charles Hedges]. Placentia may be taken, if surprised, by 400 soldiers, with the assistance of the inhabitants. [See March 21.] Makes proposals for supplies, etc. for the attempt, and offers to command. Signed, Tho. Lloyd. Endorsed, R. April 2, 1705. 2 pp. [C.O. 194, 22. Nos. 16, and (duplicate) 16.i.]
March 29.
Whitehall.
994. Mr. Secretary Hedges to Governor Handaside. Sir Salathiel Lovell, Recorder of London, whose son is Major of your Regiment, being desirous to have him stay in Jamaica, and H.M. thinking it for her service that he should do so, I am to desire you will use your endeavours to perswade him to it, but not to let him know that this is done at his father's request. You will find that H.M. has by her Declaration in Council of 15 inst. resolved to open a trade with Spain, and it seeming to be more particularly beneficiall to her subjects in the West Indies, I do not doubt you will give all the encouragement to it you can.
The last paragraph was writ to Governor Sir B. Granville, the Commander in Chief of the Leeward Islands, and Capt. Bennet. [C.O. 324, 30. p. 26.]
March 29.995. Order of Queen in Council. Granting leave to James Hannay, Provost Marshall of Barbados, to be absent for one year for the recovery of his health, upon leaving a sufficient deputy, etc. Signed, William Blathwayt. 1 p. [C.O. 28, 38. No. 38.]
[March 29.]996. Draft of warrant for Mr. Hannay's leave of absence, as in preceding. 1 p. [C.O. 28, 38. No. 39.]
March 29.
Whitehall.
997. Council of Trade and Plantations to the Queen. Enclose following,
997. i. Draught of a Commission to Daniel Park to be Governor of the Leeward Islands. Similar to Governor Codrington's Commission abstracted C.S.P. 1699. No. 382, q.v. Add: With the advice and consent of the Councils respectively to summon Assemblies of Freeholders and Planters jointly or severally within any of the Islands according to the custom and usage of the said Islands. Members of Assembly to take the oaths appointed. They, with the advice and consent of the Governor, or in his absence, of the Lieutenant-Governors and Councils respectively, to make laws which are to be agreable to the Laws of England. The Governor and in his absence the Lieut.-Governors to appoint Judges, Justices, Sheriffs, etc., and to cause to be administered to them such oath and oaths as are usually given for the due execution and performance of offices and for the clearing of truth in judicial causes. The Governor to have power to raise Militia and transfer them from one Island to another or to any of our Plantations, if necessity should require, for defence against invasions, pirates and rebels. Power to build and fortify cities, towns and forts. In case of the Governor's death or absence, the Lieutenant-General of the Islands to administer the Government, and in case of the death or absence of the Governor and Lieut.-General, the Lieut.-Governor of Nevis; and in the absence of these, the President and Council of Nevis, the first nominated Councillor to preside. [C.O. 153, 9. pp. 94–117.]
March 29.
St. James's.
998. Order of Queen in Council. Mr. Secretary Hedges to prepare a warrant for H.M. signature for passing Governor Park's commission as above. Signed, Chris. Musgrave. Endorsed, Recd. Read May 2, 1705. 1 p. [C.O. 152, 6. No. 12; and 153, 9. pp. 135, 136.]
March 31.
Bermuda.
999. Lt. Governor Bennett to the Council of Trade and Plantations. Repeats part of letter of Dec. 28. In mine of Jan. 31, I acquainted your Lordships that on Jan. 5 arrived here Capt. Jones, with the duplicate of H.M. Order to take off his suspension and to remit the fines imposed on him. To all which obedience has been shown. He demands an account of perquisites from those that executed the offices of Secretary, Provost Marshall and Sheriff during the time of his suspension. I find nothing mentioned of that in the order, and I presume it is not expected people should act in those stations for nothing. As for Mr. Minors, whom I put in Secretary, he officiated as his Deputy before suspension, but often told him he would quit it, as not being worth his while. The Provost Marshall who officiated at Capt. Jones, his return, was a person whose affairs called him to sea as Master of a vessell, which employmt. he quitted, under expectation of the advantages accruing by those offices, so that I desire your Lordships' directions herein, those two persons insisting on their rights to perquisites of their several places, Capt. Jones being suspended from his places and benefits thereof. Repeats passage from letter of Dec. 28, 1704. On Feb. 13 Capt. Jones delivered me a paper in the nature of a remonstrance, which I have now transmitted with my answer to it and proofs accordingly. I am concern'd at what I foresee, which is, that your Lordships will again be troubled with examining into the discontents and differences that will be represented from hence, occasioned by malicious and designing men. All I beg is that what comes relating to me may have no credit, till I have had the favour and opportunity of answering to my charge, I defying the most malignant of my enemys rightfully to accuse me with either wilfull injustice or partiality, any immoral act, vicious or undecent behaviour, neglective to promote the honour and interest of the Church, or anything else that's required of me, either in point of my duty to H.M., or what's becoming a Man and a Christian. I have received the duplicate of your Lordships' packet of Aug. 24 last (but the originall is not yet come to hand) which I have not time now fully to answer. In one part of your Lordships' letter you require my reason for not transmitting the Act against bastards with the rest on Oct. 19, 1703, which was that by the words of that Act (with submission I think) it was no further penal nor in force, but upon such as should commit bastardy within 9 months after publication: the words from the record being as followeth. (viz.) "Be it enacted by the Governor, Councill and Assembly, and hereby it is enacted by the authority of the same, that in case any bastard shal at any time or times hereafter within the space of 9 months hence after publication hereof be committed in these Islands that then, etc." Besides I conceive that Act (and pray your Lordships' consideration thereon) would rather encourage vice than prevent it, for no person that was able to pay the penalty therein prescribed, would ever be exposed, whenas if all were equally to suffer alike (as the law in such case directs) it would be a much greater restraint than tollerating it by setting a price on sin. Signed, Ben. Bennett. Endorsed, Recd. 6th, Read Aug. 10th, 1705. 4 pp. Enclosed,
999. i. Copy of Mr. Jones' Remonstrance (referred to in preceding) with Col. Bennett's reply. Endorsed, Recd. Aug. 6, 1705. 3¼ pp. [C.O. 37, 7. Nos. 9, 9.i.; and 23, 25; and (without enclosure) 38, 6. pp. 127–134, 173–175; and (enclosure only) 37, 26. No. 6.]
March 31.1000. Copy of Mr. Jones' paper of claims with answers thereto. Referred to in preceding. Endorsed, Recd. Nov. 14, 1705, Read May 28, 1706. 18 pp. [C.O. 37, 7. No. 25.i.]