America and West Indies
June 1705, 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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524-539

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'America and West Indies: June 1705, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 22: 1704-1705 (1916), pp. 524-539. URL: http://www.british-history.ac.uk/report.aspx?compid=73687 Date accessed: 28 July 2014.


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Contents

June 1705, 1-15

June 1.1142. Capt. Lloyd to Mr. Secretary Hedges. I have this morning sent my Memorial relateing to Newfoundland to my Lord High Treasurer, and hope your Honour will please to put his Lordship in mind of it; Admirall Churchill having told me yesterday that the convoy would saile in a very few dayes, which will put things in a great deal of confusion, if your Honour thinks it not fitt to order there may be a little more time to provide. Signed. Tho. Lloyd. Endorsed, R. June 1, 1705. Addressed. 1 p. [C.O. 194, 22. No. 26.]
June 1.1143. Mr. Thurston to Mr. Popple. Desires that the Admiralty be moved for orders to the Commander of the Convoy to receive the money due to the Company at Newfoundland. Signed, J. Thurston. Endorsed, Recd. Read June 1, 1705. Addressed. 1 p. [C.O. 194, 3. No. 56; and 195, 3. p. 444.]
June 1.
Whitehall.
1144. W. Popple, jr., to Mr. Burchett. Desires him to move H.R.H. Council as in preceding. [C.O. 195, 3. p. 445.]
June 2.1145. Mr. Mein to W. Popple. I fully purpose to return to Barbados as soon as possible. I have stayed here, with H.M. permission, having had a suit in Chancery for nine months past, and still undetermined etc. Signed, Pat. Mein. Endorsed, Recd. Read June 5, 1705. Addressed. 1 p. [C.O. 28, 7. No. 155; and 29, 9. pp. 304, 305.]
June 4.
Admiralty Office.
1146. Mr. Burchett to Mr. Popple. The money for Newfoundland is ordered to be carried by Capt. Peter Chamberlain of the Lichfield's Prize, as desired June 1st. Signed, J. Burchett. Endorsed, Recd. Read June 5, 1705. ¾ p. [C.O. 194, 3. No. 57; and 195, 3. p. 446.]
June 4.
Whitehall.
1147. Mr. Secretary Hedges to the Council of Trade and Plantations. Your letter of May 16 having been layd before the Queen, H.M. cannot think it proper for her service that the Commodore of the Convoy should have any command or power over the land officers and forces there; but, however, would have him be impowered, with the assistance of the C.-in-C. of the Forts and soldiers, to inspect the stores, ammunition and provisions in it, and the condition of it, that an account may be given thereof at his return, to which purpose the Lord High Admirall is to give an Instruction to the Commodore, and H.M. would have you prepare an Instruction for the C.-in-C. of the Fort and forces there to permitt the Commodore to make such inspection. Signed, C. Hedges. Endorsed, Recd. Read June 8, 1705. 1½ pp. [C.O. 194, 3. No. 58; and 195, 3. pp. 447, 448.]
June 4.1148. Mr. Clifford to Mr. Popple. Prays for copies of Mr. Shepheard's report [No. 1111] and of representation thereon. And pray let me know whether H.M. hath sent back those papers to the Councill of Trade for a further consideration, as I have been informed H.M. hath done last Council night. Signed, Jer. Clifford. Endorsed, Recd. Read June 5, 1705. Holograph. 1 p. [C.O. 388, 75. No. 127; and 389, 36. pp. 297, 298.]
June 5.
Whitehall.
1149. W. Popple, jr., to Mr. Clifford. The Council of Trade and Plantations acquaint you that they do not usually give copies of their Representations, and never before they have been read to H.M., that Representation has not yet been read in Council. If you will send anybody to the Office, they may copy Mr. Shepheard's report, for we have at present no hands to spare. [C.O. 389, 36. pp. 298, 299.]
June 5.
Whitehall.
1150. W. Popple to Mr. Attorney General. Enquires whether Mr. Knight is a fit person for the post (see No. 1151 below). [C.O. 5, 1120. p. 295.]
[June 5.]1151. J. Knight to the Council of Trade and Plantations. Formerly High Sheriff of New York, Secretary, and Clerk of the Council (1686), he has since practised at the Bar here. Prays to succeed Mr. Broughton, decd., as Attorney General of New York. Endorsed, Recd. Read June 5, 1705. 1 p. [C.O. 5, 1048. No. 115; and 5, 1120. pp. 293–295.]
June 5.
Whitehall.
1152. W. Popple, jr., to the Lord Bishop of London. The Council of Trade and Plantations will enter upon the consideration of Governor Nicholson's letters on Friday. [C.O. 5, 1361. pp. 353, 354.]
[June 5.]1153. Mr. Feild and Mr. Wyeth to the Council of Trade and Plantations. Reply to Sir H. Ashhurst, May 4. He does not deny that Quakers were also intended to be suppressed by the Act complained of. It is of no great moment to our Friends that the Agent here looks on this Law as obsolete, while they feel its force there. We do not want instances of late inhuman prosecutions, wch. we should rather forbear to relate if the disallowance of this law may be obtained without ym. If the Agent please, he may find yt. among the reasons for peopling yt. Colony it was not ye least yt. they might there enjoye peaceably ye liberty of their consciences etc. His other suggestion is groundless. The meer motive of our proceeding herein is not ye ruin of ye Government, but for our Friends' security there, and at their instance only, etc. Pray the Board to represent that this Law is now in force and is contrary to the Laws of this Kingdom, and that H.M. will disallow it and recommend to yt. Colony a Tolleration at least equal to wt. ye Queen hath been graciously pleased to maintain here. Signed, John Field, Jos. Wyeth. Endorsed, Recd. Read June 5, 1705. 2¾ pp. [C.O. 5, 1263. No. 18.]
June 5.
Whitehall.
1154. W. Popple to Sir H. Ashhurst. Encloses copy of preceding for reply. [C.O. 5, 1291. p. 147.]
June 5.
Bermuda.
1155. E. Jones to the Council of Trade and Plantations. I well hoped those gentlemen who before my suspension were my professed enemies, would upon my unexpected return have lain aside their malicious contrivances, and upon sight of H.M. Order in Council have readily submitted to a reconciliation and complied with H.M. royal commands. But neither can my patent or the said Order tho' urged with all the intreaties and assurances imaginable prevail with them to do me common justice, such is their stupid ignorance and ill nature. My Lords, it has bin the constant custome and practice here from the first settling these Islands hitherto for the Secretary to act by himself or deputy as Clarke in Councill, Clarke in Chancery, Clarke of Assize and in all or most of the clarkeships of these Islands, all their proceedings being lodged and united to the Secretary's office, and the Secretary being compell'd by the oath which is administered to him to keep the records thereof, the Clarke of the Assizes takes the same oath and is oblig'd thereby to keep his own records; it is therefore an infallible conclusion that those two oaths cannot be comply'd with by any other person than the Secretary, who both as Secretary and Clark of Assize is obliged to keep all the Proceedings. But instead of suffering me to act in any of these stations they continually spurn at the powers and priviledges granted by H.M., and endeavour to reduce the Secretary's office to so mean a scantling that in a little time, as they themselves have openly declared, it shall not be worth 5l. per annum. Yesterday the Judges pretended to hold a Generall Assizes, I attended them to the Court House, where I humbly offered to officiate as Clark either by myself or deputy, and carried with me my Patent, the Queen's Order in Councill, and my reasons why I claimed that office, and quoted or pleaded their own Act of Assembly, the oaths administered to the Secretary and the Clark of the Assizes, but the Judges would not suffer me to read the said Patent or Order, or any other thing whatsoever, or to accept of either me or my deputy to officiate, altho' Mr. Charles Minors, who last managed the same office, utterly refus'd it in open Court concluding it to be my undoubted right. I urged (for a continued time) my readiness to serve H.M. and them in that post, but instead of permitting me so to do, they made choice of a poor despicable schoolmaster, who cannot draw any manner of proceedings, but what must be dictated to him verbatim. I offer'd to read their Commission and at their request I fetch'd the book out of the Secretary's office wherein the same was recorded. But the Judges would not suffer me to read it, alledging they themselves had power to make whom they thought fitt Clarke of the Assizes, and demanded the Records of their Commission from me, which I utterly refused to surrender, telling them I was sworn to keep them as Secretary.
After a tedious debate of the matter, they said that they knew not whether I or my deputy were either of us qualified or fitt to be entrusted with the records, for I might for ought they knew cut their Commissions out of the Records, so little veneration they have for persons commission'd by H.M., and persisting in their obstinacy they at last drew up their own opinions that I would not suffer them to sit, to the delay of justice, and therefore they adjourned the Court to the first Monday in October next. Thus my Lords you may plainly perceive the whole drift and design of the Governour, and those gentlemen who were the causes of my suspension, is still to continue their inbred malice against me by all the intrigues imaginable which they resolve, if not timely curb'd by a more strict censure from H.M., shall never end but in my ruine. Neither have I any hopes of redress, unless your Lordships will vouchsafe to obtain a Commission from her most sacred Majesty directed to four or more gentlemen, the one half to be nominated by H.E. the Governor, and the other half by me and other gentlemen that be under severe circumstances by their arbitrary dealings and injustice, not a man being suffer'd to swear or to appear in their or my behalf, but draw up what accusations they please without the liberty of answering them, which gentlemen with my self may have power to inspect into the Proceedings had against Gilbert Nelson, Esq., Dr. Starr, myself and severall others, and to examine witnesses and to report the whole circumstance to your Lordships etc. Signed, Ed. Jones. Endorsed, Recd. Dec. 31, 1705, Read March 4, 1705–6. 1½ pp. [C.O. 37, 7. No. 20; and 38, 6. pp. 155–158.]
[June 5.]1156. Mr. Penn's Draught of Surrender of his Government of Pennsylvania to the Queen. Endorsed, Recd. Read June 5, 1705. 3 pp. [C.O. 5, 1263. No. 19.]
June 6.
Whitehall.
1157. Council of Trade and Plantations to Mr. Secretary Hedges. Enclose Governor Parke's Memorial (May 31), to be laid before H.M. During the last warr there were 500 men in 5 companies in the Leeward Islands, which cannot be safe with a less number during this time of warr. [C.O. 153, 9. p. 239.]
June 6.
[6 m/4 (Jun.) 1705.]
1158. Mr. Penn to the Council of Trade and Plantations. Honble. Frds. I returne yr. remarks wth. my answear, as my Counsel has drawn it, and pray yr. consideration of it. I am your respectfll. ffriend, Wm. Penn. Endorsed, Recd. Read June 7, 1705. Holograph. ¾ p. Enclosed,
1158. i. Mr. Penn's observations upon the objections made by the Lords Commissioners of Trade and Plantations to ye Charter humbly desired by him. [See May 23, 1705.] 3½ pp. [C.O. 5, 1263. Nos. 20, 20.i.; and 5, 1291. pp. 148–152.]
[June 7.]1159. Agents of Barbados to the Council of Trade and Plantations. Upon the answer of the Council and Assembly to the petition of the absenting Assemblymen, we observe that it appears the Assembly had made an estimate of money that the Governor had laid out for spye-boats, flags of truce, and necessary charges of a house till one was provided for him, before they voted the 600l. for his re-imbursements. We also observe, that, until he was restrained by H.M. Order, he had just pretences by his patent to all the profits and perquisites that former Governors enjoyed, and that other Governors have been repaid the money they disbursed for the service of the country and the charges they were at till houses were provided for them, and had presents of wine made them att the country's expense, and that H.M. Order did not come to Sir Bevill's knowledge till after those expenses were contracted, which they therefore thought just to allow. Your Lordships will find from this answer that the Petitioners have misinformed you in asserting that the Assembly made alterations in their Minutes concerning the 600l., the Speaker having made that matter very clear by his deposition. As to the affidavits of Capt. St. Loe and Mr. Ball, we hope you will suspend judgment till the Governor and Secretary have time to answer. We have received a letter from Capt. Windsor, H.M.S. Milford, who was present when Capt. St. Loe acquainted the Governor that he had prest one Lee, and is ready to testify upon oath that the Governor then made answer, he had received no complaint about it, but if any came, he should be obliged to take notice of it.
As to the Four Suspended Councillors, your Lordships will find that the rest of the Council and Assembly did believe upon good grounds that they encouraged and countenanced faction in the Assembly. Signed, J. Stanley, Wm. Bridges, Mel. Holder, Wm. Cleland. Endorsed, Recd. Read June 7, 1705. 2½ pp. Enclosed,
1159. i. Capt. Windsor to Capt. Barnard Granville. Quotes Governor Sir B. Granville's reply about Lee in preceding. Signed, E. Windsor. June 2. The Pool in Long Reach. Endorsed, Communicated to the Board by Sir John Stanley. Recd. Read June 7, 1705. Copy. 1 p. [C.O. 28, 7. Nos. 156, 157; and (without enclosure), 29, 9. pp. 306–309.]
June 7.
Whitehall.
1160. W. Popple, jr., to Wm. Heysham and John Bernard. Encloses copy of above Memorial. You may see the papers therein referred to and have copies, etc. [C.O. 29, 9. p. 310.]
June 71/8.
Fort Kijkoveral.
1161. Commandant Beeckman to the [? Dutch West India Company]. Signed, Samuel Beeckman. Dutch. 3½ pp. [C.O. 116, 20. No. 2.]
June 71/8.
Fort Kijkoveral.
1162. Same to Same. Signed, Samuel Beeckman. Endorsed, Read Sept. 17 (n.s.), 1705. Dutch. 16 pp. Enclosed,
1162. i. Petition for goods required for the Colony of Essequebo. Signed, Samuel Beeckman. June 15, 1705. Dutch. 9 pp.
1162. ii. Muster-roll of the free inhabitants of the Colony of Essequebo, etc. Dutch. 4 pp.
1162. iii. Inventory of the Company's property. Feb. 1 (n.s.),9 1705. Signed, Samuel Beeckman, Jan Van Dÿck. Dutch. 31 pp.
1162. iv.–xiii. Invoices, bills of lading, lists of requirements, clearings, etc. Dutch. 15 pp. [C.O. 116, 20. Nos. 3, 3.i.–xiii.]
June 7.1163. Mr. Thurston to John Tucker. I pray leave to remind you of moving Mr. Secretary [? Hedges] for some directions for paying me the Newfoundland money, notwithstanding the stop put to it by Capt. Lloyd. I also pray an order to the Board of Ordnance for bedding for the company (enumerated). Signed, J. Thurston. Endorsed (? by Sir C. Hedges), Mr. St. to settle ye matter between Lloyd and Thompson. 1 p. [C.O. 194, 22. No. 27.]
June 8.1164. Mr. Thurston to Mr. Popple. Encloses following to be laid before the Council of Trade and Plantations. Signed, J. Thurston. Endorsed, Recd. Read June 14, 1705. 1 p. Enclosed,
1164. i. Money wanting for subsistance and cloathing of the Company at Newfoundland, 1705. 1,011l. 12s. 6d. New bedding and a chest of medicines. Cloathing, 129l. 16s. 10d. 2 pp. [C.O. 194, 3. Nos. 59, 59.i., ii.; and 195, 3. pp. 456–458.]
June 8.
Whitehall.
1165. Council of Trade and Plantations to Mr. Secretary Hedges. Enclose draught of Instruction for Capt. Lloyd as ordered June 4. We take notice that no mention is made in your letter of the Musters to be taken by the Commadore, which was always done, the advantage in case of false musters if any, accruing to the Captain. And whereas at the return of the last Fleet from Newfoundland, we received divers complaints of wrongs and hardships alledged to be done to the Fishery by the Captain of the said Fort the last year, and do judge the same to be most properly examinable by the succeeding Commadore, as has been usual in such cases, we humbly submit whether the same and such complaints as may be made for the future, shall not likewise be enquired into by the Commodore under whose superior care the protection of the Fishery is left by Act of Parliament. 2 pp. Annexed,
1165. i. Instruction to Capt. Lloyd as ordered June 4. [C.O. 195, 3. pp. 448–451; and 194, 22. Nos. 28, 28.i.]
June 9.
Whitehall.
1166. Mr. Secretary Hedges to the Council of Trade and Plantations. Returns the above Instruction to Capt. Lloyd for the insertion of a clause for mustering the soldiers as proposed. The Commodore is to have an Instruction to receive and examine into any complaints of wrongs and hardships that may be done to the Fishery, or to the prejudice of it. Signed, C. Hedges. Endorsed, Recd. Read June 12, 1705. 1 p. [C.O. 194, 3. No. 60; and 195, 3. pp. 451, 452.]
June 10.
Barbados.
1167. Governor Sir B. Granville to the Council of Trade and Plantations. I send this by the Warwick which sailes this day with her convoy's for England, being in all one and thirty sail, and with it a duplicate of the Laws and Minutes, as also Col. Lilly the Engineer's report (following). The Country have passed an Act to raise as much as I believe will finish what is intended at Needham's, and that work is already began, but they inclined to wait H.M. pleasure about the 4½ p.c, which they would have apply'd to those uses, before they raise more money for the rest of the fortifications. Signed, Bevill Granville. Endorsed, Recd. 18th, Read Aug. 30th, 1705. Holograph. 1½ pp. Enclosed,
1167. i. Report upon the fortifications of Barbados. Presented to Governor Sir B. Granville by Lt. Col. Christian Lilly, H.M. 3rd Ingenier of England, 1705. The windward parts are naturally fortified by rocks and shoals. The leeward part is alltogether in a very weak and allmost defenceless condition, which weakness does chiefly proceed from ye many landing places and ye want of people for to defend them, the ill-contrivance of all ye fortifications, the decay of some and ye want of new modelling of all ye rest, the ill disposition of great part of ye Artillery, and ye decay of ye carriages, the ill regulation and ye want of gunners and matrosses, the want of security for ye munition, and ye horrible disorder of chief magazin of powder, and lastly ye ill regulation and want of sufficient guards and garrisons in proper places. In short, the western part of the Island is allmost everywhere open for an enemy to land, and there is no such thing in the whole country as deserves the name of a Fort, nor anything capable of hindring a vigorous ennemy's takeing possession of it, unless it be thought that 4 or 5,000 of ye militia without experience may in open field bee likely to beat 8 or 10,000 of regular and well-disciplined troops, which such ennemys as the French now are may easily enough bring, and for ought anybody here knows it may bee to-morrow morning. Discountenances the proposal, of which many are fond, to build a citadel of refuge somewhere towards the middle of the country, and recommends the fortification of the sea-coast, especially some advantageous situations at or near ye cheif landing-places, to be garrisoned by H.M. forces with properly regulated artillery. Meantime it is most proper to begin with the amendment of the fortifications at Needham's Point. Details. 4¾ closely written pp.
1167. ii. Plan of Needham's Fort as proposed by Lt. Col. Lilly above.
1167. iii. Plan of Needham's Fort, 1705. [C.O. 28, 9. Nos. 4, 4.i.–iii.; and (without enclosures), 29, 9. pp. 366, 367.]
June 11.1168. Governor Handasyd to the Council of Trade and Plantations. Acknowledges letter of March 6. As to the list of the ships, Mr. Jenkins, from whose office they are to come, has promised to send me it to enclose in this packet, which I now send. The Minutes of the Assembly that are wanting are not in my power to procure, till the sitting of the next Assembly. What your Lordships mention in relation to the artificers, I have given an account of them to the Board of Ordnance, by this packett, they being of no manner of service here, nor have for these severall months past. I have received H.M. Order, March 24, 1704, for incorporating of the private soldiers of Col. Livesay's Regiment into mine, to compleat each Company 70 private men, and for the return of the remainder of Col. Livesay's Regiment to England, all which shall to the utmost of my power duly [be] comply'd withall. Our Fleet, consisting of 12 merchant ships, arrived here May 17, under the convoy of Reer Admirall Whetstone, with six men-of-war. They took in their passage a brigantine and sloop. H.M. ships continue healthy. They sailed the 6th inst. to cruise on the coast of Carthagene and Porto Bell for a month or five weeks. Our homeward bound fleet will sail by the latter end of July, under the convoy of 4 men-of-war. Capt. Nathanael Boys, H.M.S. Deal Castle, has been accused and taken up for sodomy committed upon 2 boys of his own ship. The Admiral designed to try him, as soon as he came from this cruize, but he made his escape out of prison 8 or 9 days before the Admiral sailed; all care imaginable has been taken to apprehend him, but I can hear nothing of him, which makes me believe he is got off to the enemy. I haveing received an account by a spy, whom I employed to know what the French were doing at Petty Guavas, and other neighbouring French Colonies, who returned March 25 last, that there was a French sloop prepareing with a Flagg of truce under pretence for exchange of prisoners, with a letter from the Governor of Petty Guavas directed to me, and that the gentleman who was to come in the sloop was Lieut. Governor of that place, a very cunning intrieguing Blade, by name de Chouppe Salampar, I thereupon immediately ordered two men-of-warr, that were then in the harbour (the other two being upon a cruize round the Island) to get ready to sail with all expedition, one of them to cruize 3 or 4 leagues to windward of the Island, in search of such Flagg of Truce, and if he met with her, to take care to bring her in, not admitting anybody to go on board of her, nor to suffer her to come within the harbour, but to keep her without the Keys at anchor by him; the other man-of-war I ordered to lye at anchor without the Keys, lest the man-of-war that went to meet with the Flagg of Truce should miss of her, giveing him the same orders not to suffer her to pass the Keys, etc. On March 30 at night she past the man-of-war that lay to windward, and by morning was within a league of the other man-of-war, that lay at the Keys, who upon sight of her, fired a gun, and brought her to, and caused her to cast anchor close by him. I ordered the Captain of Port Royal Fort to go on board her, and know her business here. The Commander's answer was that he had brought 35 prisoners to exchange for French, most of which were men taken at the Bay of Andoras with turtlers, and others belonging to the Windward Islands.
Refers to Minutes of Council enclosed. I replied that I could not receive the French Governor's letter, nor keep any correspondence with him, since the Queen of Great Brittain, my mistriss, and the French King were at war—that I could exchange no French prisoners without positive orders from H.M. or the Lord High Admiral of England, and that I would lay the just reasons before H.M. how great a disadvantage it would be to her service to have the French prisoners exchanged in these parts, and that if he or his sloop's Company wanted any refreshment that this Island afforded, I would give orders he should be furnished with the same. According to my demands in the Minutes of the Councill, I had the 35 prisoners delivered to me in lieu of those sent to France, and the Lieut. Governor's word of honour to have satisfaction made for the sloop; after which I ordered a man-of-war to convoy him to the coast of St. Domingo, and had nothing further to do with him, which, as I am informed, has been very much to the dissatisfaction of the French, that they could not have an opportunity of settling a correspondence with Jamaica as formerly.—What I mentioned, Feb. 27, of severall French to the number of 70 or 80, who were desirous to come under our protection; before I could send a sloop there, the French and Spaniards had fallen upon them, and obliged them to surrender at their mercy.—The Act for Quartering the soldiers expiring August 1st, I have been obliged to call an Assembly, which is to meet July 10. I must own I am very apprehensive of their stubborn, cross tempers, but I shall use all my endeavours to make them sensible of our gracious Queen's care for them, as well as the vast expence she is at to preserve their lives and fortunes. Our late Chief Justice, Col. Beckford, having desired leave to lay down thro' the infirmity of his age and for other reasons, which are not proper here to insert, I have granted his request and have appointed Lieut. Coll. John Walters in his place, who has been Assistant Judge upon the Bench these 5 years past, and I hope will prove a very even tempered man, and that justice and equity will take place. We have here a report by a Master of a vessell, who has made his escape from Martinico, that the French expect forces from Old France, with a Fleet of men-of-war, to come and attack Jamaica; for my own particular, I take it to be nothing but a French Gasconade, to keep the Spaniards in hopes, but if it should happen otherwise I hope we shall shew ourselves faithfull servants to our gracious Queen, and like true English men, not be daunted at their numbers. I have seen a letter of credit from the Lord High Treasurer, directed to me, for the supplying Rear-Admirall Whetstone with 2,000l., which as soon as he has occasion shall be duly comply'd withall, etc. Signed, Tho. Handasyd. P.S. Proposes Col. Edmund Edlyne for the Council in place of Col. Ayscough decd. Endorsed, Recd. 6th, Read Aug. 10th, 1705. [C.O. 137, 7. No. 7; and 138, 11. pp. 400–407.]
June 11.
Jamaica.
1169. Governor Handasyd to Sir Charles Hedges. Acknowledges letter of March 29 and H.M. Proclamation in the Gazette. As to Major Lovell, he is not in my Regiment, neither will my Major change with him, so that, unless he quits his Military post, he cannot stay here, which he is not inclined to do. Repeats part of preceding. Signed, Tho. Handasyd. Endorsed, R. Sept. 1st. 4 pp. [C.O. 137, 45. Nos. 65; and (duplicate), 65.i.]
June 12.1170. W. Popple, jr., to Wm. Heysham and Mr. Bernard. Encloses extract of Journal of Council of Trade and Plantations and copies of papers desired. (Cf. June 7.) [C.O. 29, 9. p. 311.]
June 13.1171. J. Barnard to the Council of Trade and Plantations. In reply to [June 7], there is no proper ground there given for any such inference concerning the Four suspended Councillors of Barbados; neither is a bare surmise or suggestion of such belief to be admitted as any evidence or proof in the cause before your Lordships, etc. Prays for a speedy determination. Signed, Jno. Barnard. Endorsed, Recd. Read June 13, 1705. ¾ p. [C.O. 28, 7. No. 158; and 29, 9. pp. 312–315.]
June 13.
New York.
1172. Governor Lord Cornbury to the Council of Trade and Plantations. After having had severall accounts of Mr. Byerley's ill usage of severall persons in the execution of his office of Collector and Receiver Generall of this Province, besides his ill behaviour to me, not to give it a worse term, which was his dayley practice, and his constant disobedience to Orders made by me in Councill, I was att last informed that Mr. Byerley countenanced illegall trade. I told the person that informed me that that was a very generall charge, and that unless he would come to a more particular one, I should take noe notice of itt; upon which he told me that Mr. Byerley gave Bills of Store for enumerated commodities to be carried to foreigne plantations, for instance, one to Capt. Cholwell (who is a mercht. of this city) for 200 cwt. of cocoa to be putt on board ye sloop of one Claas Evertsen, one Egbertsen Commander, wch. was bound to Surinam, and he told me that the Bill of store was in the hand of the Register of ye Court of Vice-Admiralty; I sent for ye Register, who did bring me the bill of store under Mr. Byerley's hand; I have it now in my custody. Upon this I enquired what the usage had been here in the time of other Collectors. I find yt. most of the former Collectors have been very sparing in that matter, and yt. when they have granted bills of store, it has been for some small quantity of tobacco or sugar to a Master, or some passenger for their use in ye voyage, and even of these I have not seen any but to vessells bound to some English Plantation, but not to any foreign Colloney. I advised likewise with some of the Lawyers here, who were of opinion yt. it was a manifest breach of the Laws of Trade, and having consulted H.M. Instructions to me, I find that in the last clause H.M. is pleased to express her self in these terms (We take the good of our Plantations and the improvement of the trade thereof by a strick and punctual observance of the several laws in force concerning the same to be of so great importance to this our Kingdom, and to the advancing the dutys of our Customes here, that if we shall be hereafter informed, that at any time there shall be any failure in the due observance of those laws within the aforesaid Province, by any wilfull fault or neglect on your part, we shall look upon it as a breach of the trust reposed in you by us, which we shall punish with the loss of your place in that Government, and such further marks of our displeasure, as we shall judge reasonable to be inflicted upon you, for your offence against us in a matter of this consequence that wee now so particularly charge you with), so that this matter of fact being so fully proved, I thought it my duty to suspend Mr. Byerley, till I could receive H.M. commands thereupon, and in the meane time I have appointed Mr. Peter Fauconnier to execute this office. Recommends him for the appointment. He has given security to the value of 8,000l. and has been Navall Officer ever since I came into this Province, which he has executed with utmost dilligence, and has taken pains to acquaint himself very well with the Laws of Trade. He will give any security the Lord High Treasurer shall require. This matter had not come to light, had not the sloop been seized for illegal trade by the Navall Officer, for carrying enumerated commodities to Surinam, haveing taken the same on board privately, after she had clear'd at the Custom House here, ye sloop being seized, ye Navall Officer libelled agst. her in ye Court of Vice-Admiralty, where the Master Ebertsen appeared to defend her, she was accused of having taken on board at a place called ye Watering-place, 9 miles below this City, some hogsheads of tobacco and of cocoa; the Master, to alleviate his crime as much as he could, produced the bill of store for the cocoa in Court. This sloop had been seized by Mr. Fauconnier, ye Navall Officer, before, on suspicion of illegal trade, and as belonging to an alien, but the proofs not being so full as they ought to be, and ye sloop being laden ready to saile for Surinam, and the Master pressing for leave to proceed on his voyage, he had leave, haveing first given security to ye value of the sloop and cargoe, if in case she should be condemned; at the return of the sloop, ye information was given against her and she was condemned. This is not the first thing of this nature yt. this Gentleman has done, but he had so possessed ye people here wth. notions of ye great interest he has in England, yt. they durst not say anything against him, but now things begin to come to light. In Sept., 1704, one Hugh Coward, Master of the sloop Mary, came from Rhode Island to this Port, and applyed himself to ye Navall Officer for leave to unload his goods (wch. were bound for London) here, pretending his sloop was so leakey yt. she could not performe her voyage till she was repared; ye Navall Officer, upon his makeing oath before the Mayor of this Citty, yt. his sloop was leaky, gave him a certificate (copy enclosed) to ye Collector. Mr. Byerley did give leave yt. ye goods should be landed, but instead of taking care yt. ye cocoa, of wch. ye cargoe consisted, should be put into the warehouses belonging to ye Custome House, by wch. means he might have been certain yt. ye same should have been shipped again, he lett the mercht. (one Joseph Bueno, a Jew, a particular freind of his) carry the cocoa to his owne warehouse, and has taken noe care to see yt. ye same goods should be shipped again, and ye Mercht. finding yt. cocao bore but a low price in England, would never have troubled himself to ship itt off, had not Mr. Fauconnier enquired into that matter and obliged the Jew to ship itt off, wch. is done, and ye sloop is sail'd for Virginia, in hopes to gett a convoy, but ye intention of ye Jew appears pretty plain, by his offering Mr. Fauconnier 50l. to pass itt by, but he rejected itt wth. contempt. Mr. Byerley ordered the Ketch Mary to be seized, upon suspicion of illegall trade, he libell'd her, and upon the tryall the ketch was discharged, but the goods were condemn'd. Mr. Byerley took ye goods into his own custody and sold them for his owne use, for he has not given the Queen credit in his accots. for her Third, he has not payd me my third, nor he has not so much as payd the fees of the Court. I could acquaint your Lordships with severall other things concerning Mr. Byerley's behaviour here, wch. I suppose would not be approved of, but I am unwilling to be tedious. Signed, Cornbury. Endorsed, Recd. Feb. 1, 1705/6, Read April 3, 1706. 3½ pp. Enclosed,
1172. i. Certificate granting store for 1 cask of cacao in the sloop Catherine, Dirick Egbertsen, Master, for Surinam, at the request of Capt. John Cholwell. July, 1704. Signed, Thomas Byerley, Collr. Endorsed, Recd. Feb. 1. 1705/6. Copy. ¾ p.
1172. ii. Certificate of Naval Officer granting leave to the Mary sloop of New York to unlade and refit, she proving very leaky, provided the Collector's officers take an account of the cacao laden, soe that we may be sure he'll take the same on board again. New York, Sept. 14, 1704. Signed, P. Fauconnier. To Thomas Byerley, Collr. etc. Same endorsement. 1 p. [C.O. 5, 1049. Nos. 8, 8.i., ii.; and (without enclosures), 5, 1120. pp. 418–426.]
June 13.
Whitehall.
1173. Council of Trade and Plantations to Mr. Secretary Hedges. Enclose following:—
1173. i. Instructions to Capt. Lloyd, as June 8, with additional clause impowering the Commodore to muster the Company there. "You are likewise to take care that no person is to be listed into our pay by you in Newfoundland, but you are to expect the necessary recruits from hence. … And you are to take care that the soldiers constantly attend their duty and be in a readiness as our service shall require." [C.O. 195, 3. pp. 453–456; and (covering letter with autographs), 194, 22. No. 31.]
June 13.1174. Attorney General to the Council of Trade and Plantations. In obedience to your Lordships' commands, I have considered the Act of Antigua [see April 17], for holding a Court of Chancery, etc. I am humbly of opinion that Act is not fitt to be approved by H.M. (1) For that by the Act as penned it must be taken that the Governor in Cheif of that Island is absolute Chancellour there, and the Court of Chancery to be holden before himself alone, and this may give him another authority than he hath, for that (as I take it) the Courts of Chancery in the Plantations are to be holden before the Governor and Councill. (2) For that the powers given by this Act to the Lieut. Governour or President of the Councill and three of the Councill in the absence of the Governor, to hold the Court of Chancery, will be properly done by H.M. Instructions to the Governor, which will be in H.M. power to alter, if any inconvenience appears, but will not be if this Act be approved. (3) For that this excludes all appeals to H.M. from the decrees of the Lieut. or President and Councill, how unjust soever, if the value of the matter decreed does not exceed 500l. currant money of that Island, which ought not to be, but be left to H.M. royall breast, to receive all appeals of her subjects if she shall see cause so to do. (4) For that it settles rules for proceedings in the Court of Chancery, which will be more properly settled by orders in that Court, to be made by the Judges of the Chancery; for that if these rules be established by an Act, it will not be in the power of the Court of Chancery to allow any longer time than is allowed by the Act, though Justice on ye circumstances of particular cases should so require. (5) For that by this Act another Court of Chancery is to be erected, in the Court of Exchequer there, and a Chancellor of the Exchequer, with power to proceed in all Causes arising in that Island, as the Court of Exchequer in England may proceed, which relating only to H.M. rights and revenues, may be prejudiciall to H.M. interest, besides that no appeal is reserved to H.M. from the decrees to be made by the Court of Exchequer, and to me it seems one Court of Equity is sufficient for the Island. (6) It is provided that no Administrations shall be granted but in open Court, and on hearing the partys opposing the same, which seems to imply that every Administration to a person dying intestate in that Island is to be granted there, which is not necessary, for that an Administration granted to such intestate in the Prerogative Court of Canterbury is a valid Administration, and being produced in the Plantations must be allowed there. Signed, Edw. Northey. Endorsed, Recd. July 6, Read Oct. 30, 1705. 2 pp. Enclosed,
1174. i. Copy of Mr. Popple's letter, April 17. 1 p. [C.O. 152, 6. Nos. 26, 26.i.; and 153, 9. pp. 265–268.]
June 13.1175. Colin Campbell to [? Mr. Secretary Hedges]. Duplicate of June 15. 3 large pp. [C.O. 194, 22. No. 29.]
[June 14.]1176. T. Kirton to the Council of Trade and Plantations. The answer of John Leslye and others, the petitioners against Governor Sir B. Granville to part of the Memorial of the Agent of Barbados [June 7]. The sums of 600l. and 500l. was given him as a meere present after H.M. letter was signified to him, and by the Governor's directions the Minutes were made for defraying his charges for spy-boats etc., to conceal the same from H.M., and not intended to reimburse him any such charge, there being no such estimate or charge contracted for, his cellars (besides the two aforesaid summes) being supplied with liquors, his houserent paid for, and a small vessel as a spy-boat, out of the public Treasury of the Island, besides the present of all the duties of his liquors etc. Signed, Jno. Kirton. Endorsed, Recd. Read June 14, 1705. 1 p. [C.O. 28, 7. No. 159; and 29, 9. pp. 316, 317.]
June 14.1177. Capt. Lloyd to the Council of Trade and Plantations. Refers to news of the destruction of St. Johns etc. [April 20], confirmed by Mr. Campbell, the Prize officer there [June 15]. When I was at the head of the Company there, the like attempts were continually threatened, but, by my obliging the inhabitants to build guard-houses and keep guards among themselves, and my maintaining of spies to observe the motions of the enemy, I always prevented it. This method has been wholly neglected since my being in England, and from thence the enemy has prevailed, by putting the inhabitants upon keeping the guards aforementioned (tho' the same was altogether calculated for their own preservation and the soldiery ne'er the less upon duty) has been the Chief, if not the only occasion, of their complaints against me. Prays for Instructions for his future guidance in this matter. Signed, Tho. Lloyd. Endorsed, Recd. Read June 19, 1705. 2 pp. [C.O. 194, 3. No. 62; and 195, 3. pp. 479, 480.]
June 14.
Whitehall.
1178. W. Popple, jr., to Mr. Lowndes. Encloses wants of Newfoundland Company (June 8) to be laid before the Lord High Treasurer. [C.O. 195, 3. p. 459.]
June 14.
Whitehall.
1179. Mr. Thurston to W. Popple. Prays that the Admiralty be moved for orders to the man of war appointed for Newfoundland to take on board the soldiers' cloaths, etc. Signed, J. Thurston. Endorsed, Recd. Read June 14, 1705. Addressed. ¾ p. [C.O. 194, 3. No. 61; and 195, 3. p. 460.]
June 14.
Whitehall.
1180. W. Popple, jr., to Mr. Burchett. Desires him to move the Admiralty according to Mr. Thurston's request above. [C.O. 195, 3. p. 461.]
June 15.
Admiralty Office.
1181. Mr. Burchett to W. Popple, jr. Reply to preceding. The two men of warr bound to Newfoundland are so full of stores and provisions that they cannot carry the cloathing. Signed, J. Burchett. Endorsed, Recd. Read June 15, 1705. Addressed. 1 p. [C.O. 194, 3. No. 63; and 195, 3. p. 462.]
[June 14.]1182. Contractors with the Czar to the Council of Trade and Plantations. Pray that Peter Marshall and his wife may not be recalled till they have done their work in Russia [May 23, 26]. Signed, Nath. Gould, Sam. Heathcote, Wm. Dawsonne. Endorsed, Recd. Read June 14, 1705. 1½ pp. [C.O. 5, 1314. No. 62; and 5, 1361. pp. 354, 355.]
June 15.
Whitehall.
1183. Council of Trade and Plantations to Mr. Secretary Harley. Recommend preceding petition, "in case the direction of this affair as to the time and manner of sending those persons and destroying the engins and materials be wholly left to your Majesty's Envoy, and that he be ordered to cause the said persons to be conveyed out of Muscovy and the engines to be broken immediately, in case he shall judge that any danger shall arise to the publick in disolving those mysteries by such prolongation of time." [C.O. 5, 1361. pp. 356–358.]
June 15.
Whitehall.
1184. Council of Trade and Plantations to the Queen. In obedience to Order of April 23, we have examined the papers and parties concerned (June 7 etc.) and do not find anything in further justification of the Governor of Barbados, or cause to make any alteration in our report. [C.O. 29, 9. pp. 317, 318.]
June 15.1185. Colin Campbell to the Council of Trade and Plantations. On April 28 Lt. John Moody ordered me for England in the sloop Friendship of Boston impressed by him for H.M. service with sundry packetts for your Lordships, the Board of Ordnance etc. Describes capture by a French privateer after he had thrown all his papers overboard. I ransomed the sloop for 100 guineas giving him Bills of Exchange, thinking it would be to the advantage of the Government to have speedy advice of the distressed condition of Newfoundland. Enumerates the sunken papers. The box directed to the Board contained a Journal of M. Subercasse's invasion, Jan 21—Feb. 23. Gives his own account from memory:—On Jan. 21 the Governor of Placentia with about 600 men, including 150 Indians and Canadians, did march from Placentia by land to Bay Bulls, thence to Petty Harbour and St. John's, which Harbour they took by surprise about 3 a.m., and after having barbarously murdered many of the inhabitants and made the rest prisoners, they laid siege to H.M. Fort, commanded by Lt. Moody and Robert Latham with about 70 men whereof about 20 inhabitants, etc. [See April 20]. We lost no more than I sergeant and 2 or 3 private men. On Feb. 23 the French marched S. to Fair Ellen's carrying away as prisoners all the inhabitants and myself, and left behind the Canadians and Indians to make good their retreat, who joined them soon after, committing the like barbarity as they had done at St. John's all along as they went, at Kitty Vitty, Patty Harbour, Bay of Bulls and Fair Ellen, etc, where I obtained my liberty by humble solicitations. There M. Subercass ordered the Canadians and Indians under M. Mountigny to march to the Northward, which they did by way of Hollyrood, in the Bay of Consumption, burning and destroying in like manner the harbours of Harbermaine, Breckhouse, Portegrave, Island Cove, Harbour Grace, Carbineer, Bay of Verdes, etc., all along to the northward, and when I came from Newfoundland (May 4) they were not gone from Trinity Bay, M. Subercass being with the rest of the forces returned to Placentia by the way of Trepasse and the Bay of St. Mary's with about 200 English prisoners and is there safely arrived, as we understand by some that have since made their escape from thence.
The packet also contained sundry depositions taken by Lieut. Moody against John Roop, that he had endeavoured during the last winter industriously to diswade the inhabitants from contributing any assistance by watching or otherwise for the security of the Forts and Harbour, and that he had, while the French were there, discovered to them what he knew of the weakness of the Fort and Castle, and that the enemy acknowledged to have received very considerable services from him by intelligence, etc., and that after the first 3 or 4 days he was at perfect liberty during all the time the French continued in St. John's. A petition to H.M. from the inhabitants of Carboneer did referr to two former petitions laid before your Lordships, and did represent their great sufferings and services both during the last warr and now in defending the Island of Carboneer from the utmost insults of the French, and praying H.M. orders for their relief and future security by appointing a Fort and garrison there. As to the Fort and Batterys, I believe they need very much to be repaired, especially Fort William, both within and the outworks. Signed, Colin Campbell. Endorsed, Recd. Read June 15, 1705. 3¾ large pp. [C.O. 194, 3. No. 64; and 195, 3. pp. 463–476.]