America and West Indies
July 1705, 11-20

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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567-584

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'America and West Indies: July 1705, 11-20', Calendar of State Papers Colonial, America and West Indies, Volume 22: 1704-1705 (1916), pp. 567-584. URL: http://www.british-history.ac.uk/report.aspx?compid=73690 Date accessed: 17 April 2014. Add to my bookshelf


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Contents

July 1705, 11-20

July 11.1236. Memorial of Peter Dyer. A long time prisoner with about 200 others in the Spanish West Indies, I purchased my escape, and was entrusted to make known their sufferings. Some of them have perished with their heads in the stocks, others with irons on their legs, others by stripes, others smothered, others for want, and others with cold blood, 3, 4 and 5 days after fair quarter given. The survivors continue in miserable bondage, some put aboard their ships of war, others sent to the mines, others to build their forts, castles or churches, others to work in the mint, etc., having no allowance but what they work for like slaves, etc. Signed, Petter Dyer. Endorsed, Recd. 25th, Read Aug. 28th, 1705. 1 p. Enclosed,
1236. i. Petition of English prisoners of war to the Queen. Pray that the Governor of Jamaica may have directions to exchange them, etc. 93 signatures. 2 pp. [C.O. 137, 7. Nos. 8, 8.i.]
July 11.
Bristol.
1237. Mr. Whitchurch to W. Popple, jr. In reply to July 5, the memorial of Bristol Merchants [July 17] goes up to night, etc. Signed, Fra. Whitchurch, Mayor. Endorsed, Recd. Read July 17, 1705. Addressed. Sealed. ½ p. [C.O. 194, 3. No. 75.]
July 12.
Whitehall.
1238. Mr. Secretary Hedges to Lt.-Gov. Johnson. Yours of March 22 is but this day come to my hands, which I shall take the first opportunity of laying before the Queen, and hope to send you an answer by the next Pacquet Boat. Encloses duplicates of letters to Sir. Wm. Mathew, the Postmaster Genll. having informed me that the boat they were sent by was lost, etc. [C.O. 324, 30. p. 31.]
July 12.
Whitehall.
1239. Mr. Secretary Hedges to Governor Handasyd. Encloses duplicates, the packet boat having been lost as above. [C.O. 324, 30. p. 32.]
July 12.
Whitehall.
1240. W. Popple, jr., to Mr. Lowndes. Desires 40 copies of the Act to encourage the trade to Newfoundland, for distribution there. [C.O. 195, 4. p. 30.]
July 12.
Whitehall.
1241. Council of Trade and Plantations to Mr. Secretary Hedges. In reply to letter of July 4. We are humbly of opinion that as to the Magistrates proposed, the late Act for encouraging the Newfoundland trade does so regulate the Fishery as not to intend or allow any other Civill Government there than by the Fishing Admirals and the Commodore of the Convoy for deciding of all differences and abuses that may happen in Newfoundland, nor doe we find how in that desolate country there can be found a sufficient number capable of discharging those offices, or that those Civill Magistrates can secure the country against the French. But as to the establishing of a Militia, we are humbly of opinion that H.M. by her Royal Declaration to be published by the Commodore do impower him to constitute such and so many Militia officers in the Harbours there as he shall find most conducing to H.M. service and the security of the Fishery, who are to enlist the inhabitants of their respective Harbours, and discipline them in the best manner they can, and to appoint a constant watch to be kept during the winter season, to prevent as much as may be any surprizes from ye enemy, and we enclose the draught of a Declaration for H.M. signature.
And whereas the Merchants concerned insist that 1,000 firearms be sent over, to be disposed of by the Commodore, amongst the principal inhabitants, we have nothing to object provided he take the best security he can from them that such arms be well kept, repaired, and replaced upon the loss of any of them, and that it be declared to be penal to pawn, bartar or sell them, or to take the same in pawn, sale or barter, and that such as shall not be thus disposed of, be deposited in H.M. Fort there. We are also of opinion that there be no exemption of the inhabitants from pressing to serve H.M. ships as proposed, for that the men going and coming to and from Newfoundland with the fishing ships from England would conceive it too great a hardship and discouragement to them to be solely exposed to the Press, and that it would occasion too great a resort of vagabonds and runaways to Newfoundland by debauching of the Fishermen and inducing them to turn Planters, which wee judge would be detrimental to the Western Fishery, and leave the Country nevertheless exposed to the winter incursions and inroads of the enemy, which it always will be by reason of the great distance of the severall Harbours and habitations as long as Placentia shall remain in the hands of the French, all other expedient being, as we humbly conceive, ineffectual. As to the hindring the inhabitants from going to New England, the Commodores have always had Instructions, as the Commodore for this year likewise has, to prevent it as much as in him lies, the aforesaid Act of Parliament having made no provision in this case. And whereas the French in their late Incursion have carryed several of the Inhabitants from St. John's, etc. to Placentia, we humbly offer that the Commissioner for the Exchange of Prisoners may have directions to demand an exchange of the said men and particularly Mr. John Roope, who was sent over by H.M. to fix a chain and boom at the entrance of St. John's Harbour, which, as we are informed by the Commodore, he has brought to good perfection, so that the French were not able to destroy the same, but lost severall men in the attempt. We concur with the proposal that the officers of the garrison be strictly prohibited from trading, for that they will thereby have opportunities of engrosing the Trade to themselves and forestalling the market, to the great discouragement of the merchants and Western Fishermen. We humbly offer that the Prize Officer settled there be for the same reasons prohibited to trade, otherwise than according to such Instructions as he shall receive from the Commissioners of Prizes here for the disposal of prizes etc.
In obedience to letter of July 6 enclose following Instruction. As to impowering Capt. Lloyd to inlist straglers etc., a power of so great a latitude is liable to great abuse, and will very much terrify the Fishermen, By-boat keepers and Planters, wee therefore offer that for keeping the Company the more compleat, none of the soldiers now going there be discharged either here or there without the particular leave of H.M. or her General, and that Capt. Lloyd do not inlist straglers at Newfoundland (as we have heretofore several times humbly represented both in relation to Newfoundland and other H.M. Plantations) for that such people as he may inlist there are always apt to desert, and are unfit for service, besides that though they be not inlisted they will be no less obliged upon an invasion to fight under the discipline now to be settled there, so that by this proposition of inlisting men we are of opinion that there will be no additional strength to Newfoundland, and we do find that by the last muster rolls there were no more than six men wanting in the whole Company, consisting of 4 score private soldiers. We have sent to the principal towns in the West for their opinion relating to the Fishery etc. Annexed,
1241. i. Draught of Instruction to the Commander-in-Chief of this year's Convoy to Newfoundland, and to Capt. Lloyd. With the assistance of such of the fishing Admirals and Commanders of our ships of war as may be at hand, you are to enquire into the affair of last winter etc. as July 6. You are likewise to doe all that in you lies to perswade and encourage the inhabitants of St. Johns, or such as shall come to fish there, to build storehouses for the materials requisite for the Fishery within the reach of the guns and protection of the Fort. You are not to do anything that may anyways contradict or interfere with the Act to encourage the Trade to Newfoundland.
1241. ii. Draught of H.M. Instruction to the Commodore at Newfoundland to constitute a Militia in the several Harbours etc., and to appoint officers, etc. The Commander of the garrison is hereby required to aid and assist them, as they him. [C.O. 195, 4. pp. 31–45; and (Representation only, with autograph signatures), 194, 22. No. 39; and (extract relating to fire-arms), 194, 22. No. 40.]
[July 13.]1242. Affidavit of R. Sampson. When the French surprised St. John's, they destroyed all the houses in the harbour except those of Richard Coles, or Colesworthy, James Benger, John Rallins, Capt. Stuckley's house, which belongs to Richard Cole, and Thomas Greasly. The French left Mr. Campbell's house, his brass, pewter, cloaths, beds and laced coat, several barrels of flower and all his papers. Tallick, formerly a poor man, by other people's goods left him by the French is much enriched and now keeps a boat. The enemy inquired of the houses, whose they were. Mr. Campbell went several times to the Fort with a flag of truce, deponent heard, and with a French officer with a flag of truce to the South Battery, his business being to get Mr. Robert Latham, who commanded in it, to come and discourse Capt. Moody in the Fort, and there was an ambuscade of Indians laid to kill Latham. But Latham not coming out, Deponent heard Mr. Campbell say as he returned an Indian on the stagehead as he landed would have killed him, had not the French Officer prevented him, and that it was the common report that the Indians took him for Latham. Lt. Moody furnished the poor inhabitants' wives and children in the Fort with provisions out of the Queen's stores without any price made, and afterwards sent to inform them they were indebted to him in their respective sums, which he expected to be paid in money. Deponent was demanded 2l. 8s. 0d. for 26lb. of bread, 28lb. of flour, 1 gall. of pease, 1 gall. of oatmeal, and about 12lb. of beef. Several paid him that had money after that extravagant rate. The inhabitants esteemed themselves indebted to Mr. Moody after his rate about £400. When the French had left, the souldiers took what remained in the inhabitants' houses, whom they forced to pay extravagant rates for their owne goods. Mr. Ellis Hoare followed a soldier who had taken a net from his house and complained to Mr. Moody, who made the soldier return his net, but did not punish him. In the meane time other soldiers took what goods he had remaining. One Griffith, a housekeeper, had a barrel of beef taken by a soldier, who when he spoke threatened to shoot him. Lt. Moody, on some words with Mr. Roope, threatened to make him ride the wooden horse, which occasioned an enmity between them. Deponent saw him the day before he was carried away, and he had tears in his eyes and told him he feared the French would send him to France etc. Deponent saw a letter Mr. Campbell writ to Mr. Waine that he wondered he would make any affidavit of the affairs of Newfoundland without his order etc. Deponent lost at St. Johns about 120l. damage. The flag at the Fort was not hoisted till an hour after day, although the harbour was surprised an hour before day (Sunday), and then two guns was fired, the rest, as the soldiers informed deponent, being covered with snow, which fell the Friday before. In December one Christian, a maid to Mr. Jackson, the Minister, falling out with his daughter, who calling the maid whore, was answered with the same language, and being asked whose, the maid replied Capt. Moody's, for which a short time after she was fastened to a gun and whip'd, and afterwards cold water flung on her, and died in a few days after. Deponent helped to sail the Friendship sloop for Mr. Campbell for which he is to have 25l. from him, etc. Signed. Richard Sampson. Endorsed, Recd. Read July 13, 1705. 1 large p. [C.O. 194, 3. No. 74.]
July 13.
Crotchett Fryers.
1243. Mr. Merrett to Mr. Popple. Enclosing following. Signed, Solomon Merrett. Endorsed, Recd. Read July 13, 1705. ½ p.
1243. i. S. Merrett to the Council of Trade and Plantations. In obedience to your commands I herewith offer some proposed Heads of Instructions to Capt. Lloyd. (1–2) That he take affidavits as to correspondence with the French, their late devastations in Newfoundland, why some houses were left standing and no guard kept. (3) How Phillip Tollett, whose circumstances were very low, is now able to fit fishing boats to sea, the charge of which is almost 70l. per boat. (4) That inquiry be made of the whipping of the Minister's maid, and the occasion of her sudden death. (5) How powder and arms came to be left without the Fort, etc., and about the provisions sold the poor women and children who were in the Fort while the French remained. (6) Whether the soldiers, after the French were gone, took the inhabitants' goods and sold them to them at their own prices: particularly how Ellis Hoare and Old Griffith was used by them. (7) Whether John Roope went voluntarily with the French. (8) What guard was kept at the Fort? (9) Capt. Lloyd to have strict orders not to hinder the inhabitants during the fishing season; afterwards to instruct them in arms, etc., etc. Signed, Solomon Merrett. 1½ pp. [C.O. 194, 3. Nos. 73, 73.i.]
July 13.
Whitehall.
1244. Mr. Secretary Hedges to Governor Lord Cornbury. The petition of Richard Budge being brought before the Queen and Councill, it was pressed that the judgement upon the Appeal should be put in execution according to the ordinary course of Law, but in regard to your Lordship it was thought more proper, in the first place to take the report of H.M. Advocate and Surrogate of the Admiralty and to transmitt the same to your Lordship, which I now doe by H.M. command, that you may find some way to satisfy the Petitioner without further trouble or proceeding in the method that Law requires, and this I must needs say in my opinion is highly for your Lordship's service, and interest, and what part I have in that matter is really to do your Lordship all the service I can. Signed, C. Hedges. [C.O. 324, 30. pp. 32, 33.]
July 13.
Barnstaple.
1245. Merchants and Shipmasters of Barnstaple to the Council of Trade and Plantations. In reply to July 5. Approve the memorial of the Merchants of London concerning Newfoundland. Propose that Ferryland Harbour be fortified, and that the ancient custom, that first ship that arrives in each harbour is Admiral and has the sole government thereof and of the Fishery during his stay, be continued. Enclose copy of their Memorial, 1702. 17 signatures. Endorsed, Recd. Read July 18, 1705. 2 large pp. [C.O. 194, 3. No. 76; and (abstract only), 195, 4. p. 51.]
July 13 (?).
Bydeford.
1246. Merchants of Biddeford to the Council of Trade and Plantations. Approve the Memorial of London Merchants. But seeing the harbours of Newfoundland are so far distant from each other, and so thinly peopled, the yearly choosing of one chief Magistrate and Constable will be of little import. Signed, Geo. Strange, Mayor, and 8 others. Endorsed as preceding. Addressed. 1 p. [C.O. 194, 3. No. 79; and 195, 4. pp. 49, 50.]
July 14.
Whitehall.
1247. Sir Robert Harley to the Governor of Virginia. The Elizabeth, of Liverpool, is granted leave to sail from Virginia without convoy. Signed, Ro. Harley. [C.O. 324, 30. pp. 33, 34.]
July 14.1248. Copy of Minute of Assembly [? of New York]. Duplicate of No. 1230.iv. ¾ p. [C.O. 318, 3. No. 23.]
July 15.1249. H. Greenhill to W. Popple, junr. In reply to July 11. Stevens has gone to Poole, etc. Signed, Henry Greenhill. Endorsed, Recd. Read July 19, 1705. Addressed. ¾ p. [C.O. 194, 3. No. 77; and 195, 4. p. 52.]
July 15.
New York.
1250. Governor Lord Cornbury to Sir Charles Hedges. Since mine of Feb. 28, 1704/5, in which I promised you an account of the two Provinces under my care, I have had noe opportunity of writing till now, that Col. Quary has informed me that his affairs require his going into England. He is as able to give you a true account of all the parts of this vast Continent, as any subject the Queen has. Recounts history of New York since 1702. We yet want recruits, swords, and all manner of stores of warr. I found the Fort here much out of repair and the Province much in debt, and I am afraid it will continue soe a great while, unlesse H.M. will please to give something towards the clearing of that debt. The Trade of this Province consists chiefly in flower and Biskett, which is sent to the Islands in the West Indies, in return they bring rum, sugar, molasses and sometimes pieces of eight, and cocao and logwood; to Europe our people send skins of all sorts, whale oyle, and bone; which are the only commoditys this country sends to Europe, of it's own produce as yet, but if they were incouraged, the people of this Province would be able to suply England with all manner of Navall Stores in abundance of all sorts, and very good in their kinds; I am very sensible that a project which my Lord Bellomont had set on foot to suply the Navy with masts and timber has been a prejudice to this Province, because his Lordship thought fit to imploy unskilfull people to cut the Masts at the charge of the Crown, soe the charge was greater much then the service; but if the Queen is pleased to direct whoever has the honour to serve her as Governor of this Province to contract with people here for masts and timber at certain rates according to the severall scantlings (an estimate whereof I sent to the Lords of Trade, 1702) then the Queen would be well served, for the persons contracted with must deliver at New York everything in its kind good, etc. By encouragement to supply Navall Stores, I mean, if the people had a certain sure market for their produce, for as the case now stands they aply their land to corn of all sorts, but chiefly wheat, because they have a certain market for that in the Islands, but if they had a sure market for hemp and flax in England, they would greedily fall to the planting of hemp and flax, because they want commoditys to make returns to England for the goods they take from thence, besides, if part of their lands were employed to those uses, their corn would fetch a better price, besides the want of wherewithall to make returns for England sets men's witts at work, and that has put them upon a trade which I am sure will hurt England in a little time, for I am well informed that upon Long Island and in Connecticut they are setting up a woollen manufacture, and I myself have seen serge made upon Long Island that any man may wear; now if they begin to make serge, they will in time make course cloth and then fine. We have as good fullers earth and tobacco pipe clay in the Province as any in the world, how farr this will be for the service of England, I submit to better judgments; but, however, I hope I may be pardoned, if I declare my opinion to be that all these Colloneys, which are but twigs belonging to the main Tree (England) ought to be kept intirely dependent upon and subservient to England, and that can never be if they are suffered to goe on in the notions they have, that as they are Englishmen, soe they may set up the same manufactures here as people may doe in England, for the consequence will be that, if once they see they can cloath themselves, not only comfortably, but handsomely too without the help of England, they who are already not very fond of submitting to Government, would soon think of putting in execution designs they had long harboured in their breasts, this will not seem strange when you consider what sort of people this countrey is inhabited by. Sketches history of Dutch occupation, etc., Bellomont's encouragement of the Dutch, and his own administration; and repeats account of the recent Assembly as in letter of July 8, etc., and argues as elsewhere that "the people here have noe claim of right to Generall Assemblys …" There are some very good men among us, but the inhabitants are of three Nations, English, Dutch and French; the Dutch are very much the most numerous, and these are not Dutch by Nation only, but by Inclination, at least generally speaking, which appears here every day, the French have during the disorders which have hapned here formerly always espoused the interest of the English; among the English in this City there are a great many good men, but in the countrey, espetially in Long Island, most of the English are Dissenters, being for the most part people who have removed from New England and Connecticut, who are in noe wise fond of Monarchy, soe that they naturally incline to incroach as often as they can upon the Prerogative, soe it is noe wonder if they are willing to extend the power of their Assemblys as far as they can, how farr it will be for the interest of the Crown to suffer them to doe it, I submit to your better judgment. Sketches history of New Jersey. There is a Church erected at Burlington, which I have named St. Ann's Church, and notwithstanding that Burlington is the chief habitation of the Quakers, I have seen a Congregation of above 300 people at Church there, etc. There have for some years past been great disputes between those persons here who call themselves Proprietors, and the people, by reason whereof there has been noe administration of Justice for at least two or three years before the Government was surrendered to the Queen, but now I hope a little time will quiet all those disputes. The last Assembly settled a Revenue for two years of 2,000l. a year, etc. P.S.—I have not had one line from England above these seaven months. Signed, Cornbury. Endorsed, R. Dec. 3. Holograph. 9 closely written pp. Enclosed,
1250. i., ii. Duplicates of No. 1230.i.
1250. iii. Duplicate of No. 1230.ii.
1250. iv. Copy of Journal of Assembly of New York, June 7—Aug. 4, 1705. 40 pp.
1250. v. Duplicate of No. 1230.iv. [C.O. 5, 1084. Nos. 28, 28.i.–v.; and (duplicate of letter) 27.]
July 16.
Barbados.
1251. Governor Sir B. Granville to the Council of Trade and Plantations. Acknowledges letter of May 30. I shall transmit the old seal broken by the next conveniency. I had also a duplicate relating to Sir John Colleton. There has been no delays given to Sir John's law suit since my being here that I know of: at my arrival I did not only strictly observe my additional Instruction, but exceeded it by removing Mr. Colleton from being Cheif Judge of the Court of Common Pleas: nor Mr. Colleton, nor any other Member of the Council, has ever sat as Judge or at the Council table upon any matter wherein they were concern'd in interest. The fleet from England arrived the 7th inst., and that from hence wil sail the beginning of Sept. With this your Lordships will receive Minutes of Council and Assembly, and also the following enclosures. Mr. Chilton, the Queen's Attorney, was convicted of very great crimes, and for which I have by the the advice of the Council suspended him: Til H.M. signifies her pleasure, I have made Wm. Rawlins Attorney General, he is an ancient practiser of the Law, has long bin Sollicitor General very well qualify'd and very well deserving the place. Signed, Bevill Granville. Endorsed, Recd. 2nd, Read Oct. 31st, 1705. Holograph. 4 pp. Enclosed,
1251. i. (a) Proceedings at a Court of Oyer and Terminer held for Barbados, June 4–15, 1705, at the house of Edward Arnell, decd., on Egginton's Green in St. Michael's Town. Present, William Sharpe, Chief Justice, Saml. Cox, John Mills, James Colleton, Councillors. Jurors:—William Holder, Edward Burke, Alexander Wallker, Christopher Warren, Richard Brewster, Charles Buckworth, Alexander Skeene, Joseph Sallmon, John Merring, John Sandford, Thomas Beckley, Thomas Afflick, Thomas Prideaux, Dudly Woodbridge, George Harper, Robt. Waite, Robt. Stillingfleet, Giles Theyer, Thomas Rawlins, Robt. Vaughan, Othniel Haggar, Francis Bond. Middleton Chamberlaine, Edmond Sutton, William Leslie, Richard Harwood, William Davies, Hugh Hall, John Dorne, Charles Eggerton, John Rushworth, John Vaughan, James Graham. Edward Skeet. Abstract of proceedings: Indictment read against George Lillington for faction, and reflecting on the Governor, and wishing his death. Lillington requiring in Court that Thomas Hodges might be his Council, it was granted. Hodges was refused a copy of the Commission, but granted a copy of the Indictment; he demanded time till next morning to plead to the same, but was ordered to plead at 3 p.m. Lillington made no exception to the Jury. Leslye upon oath proved the fact. Hodges endeavouring to blacken him was silenced thereon, but liberty was given to all the evidence to invalidate what Lesly had alledged. Lillington's Council had liberty to examine 12 witnesses singly, none of which could say anything against Lesly's testimony, but that Lillington had often dranck the Governor's health. Richard Downes, an evidence for Lillington, confessed that Lillington had said he believed ye Governor's poverty forced him to take ill measures. Lesly denied on oath that he had been Lillington's servant and by him delivered out of prison in England, and swore that what he did was purely to serve H.M. Lillington's Council excepted against Lesly's evidence etc., but was overruled, the Court saying that such persons who discovered anything against the State were worthy of incouragement. Lesly upon oath declared that he apprehended Lillington designed to hire him to shoot the Governor. Downes declared Lesly had promised to shoot Col. Holder, if he and Lillington and one Benja. Hawkins would stand by him. Counsell for the Queen said that his having tendered his service in one ill design was the reason which encouraged Lillington to endeavour to engage him in one of a more villainous nature; and that Lillington and Downes entertaining Lesly with intimacy and in their familys after such his offers, was a sign they approved of his designs. The Jury brought in a verdict of Guilty. Upon which Lillington's Councill offered reasons in writing for an arrest of judgment, which were refused, etc. Sentence. With abstract. 12 pp.
(b) June 14. The Grand Jury delivered in an Indictment against Edward Chilton, Attorney, for seditiously uttering these scandalous words against the Governor, on Sept. 10, 1704, etc.: "These Governours take themselves to be Grand Bassa's, and that this one might come to be Nanfann'd" (treated like Capt. Nanfan of New York). Thomas Hodges, Counsel for prisoner, offered a paper to the Court, which he called a plea to the jurisdiction of the Court, which was rejected, by 24 votes to 7, as frivolous, tricking, uncertaine, double and complicate, being at once a seeming Demurrer to the indictment, and at the same time to avoid the ill consequences of a demurrer (matter of fact being confessed by demurring). He then presented a challenge to the array, for that the Venire was not returned by the Sherif as in England. The Queen's Counsel answered that the Act of this Island had appointed all returns of juries in these cases to be made by the Members of Council, and if none such in a parish, then by some chief Magistrate, etc., etc. The Court overruled the challenge. A jury was empanelled, and Arthur Slingsby swore to the fact charged. Prisoner acknowledged he had spoke the words. He was found guilty. Prisoner's counsel moved, in arrest of judgment, that he had no addition of County, which the Court, upon inspecting the indictment finding to be false, (of Barbados), which is the only County here, being in the said indictment, overruled, and adjourned June 15. The Grand Jury delivered in the Indictment against Edward Chilton for betraying the Queen's secrets contrary to his oath as Councillor and Attorney General, and endeavouring to stifle the Queen's evidence (Lesly) against George Lillington. After having advised on the case of Thomas Maycock and Wm. Terrill, and been present in Council when it was decided to take them into custody, he did (Sept. 15, 1704), maliciously, cunningly, craftily, falsely and seditiously and in elusion of H.M. Justice, advise them to abscond. He pleaded guilty and submitted to the Court. Fined 25l. and 50l. and committed to custody till he enter into recognizances in 200l. and two sureties of 100l, each to be of the peace, etc. 8 pp.
(c) Thomas Leslie pleaded not guilty to the charge of murdering Samuell Rushworth. Verdict of misadventure, Rushworth being wounded as Leslie was handing a pistol to James Fontleroy. Anthony Burton acquitted of charge of murdering John Thompson.
June 13–15. True Bills were found against John Usher, Alexander Dunbar, John Gale, John Smith, Ann Laycorne, John Combes, for publishing false reports against the Government contrary to the statute of 3 Edward I, whilst Miles James, John Gittens, Francis Blackard, Richd. Dowell, Robt. Richards, and Isabella Headstow were acquitted. True Bills returned against Rose Gollaher for theft and William Arnell for perjury.
Charles Cleaver pleading guilty to seditious and scandalous words against the Queen, the Court considering that he had hitherto behaved as a loyal subject, and was very poor, fined him 9l., payment to be stayed until H.E. pleasure be known.
Elizabeth Mallony, alias Horner, a single woman, was condemned to be hanged for the murder of her bastard child, sentence to be reprieved till she shall be delivered of her expected child.
The Grand Jury presented a loyal Address to the Queen, expressing their unanimous appreciation of Governor Sir B. Granville, and hoping that the false complaints against him by a set of vicious men will serve to make his injured innocence shine etc. Signed, Samll. Maverick, Richd. Haslewood, Tho. Shaw, Wm. Godman, John Thorne, James Aris, Jacob Luke, Wm. Clancy, Wm. Allamby, Jno. Whetstone, Simon Lambert, Elisha Holder, Wm. Grant, Danl. Hooper, Peter Mascoll, Robt. Lettice Hooper, Charles Tirrwhite. Also, an Address to the Governor, returning "hearty thanks for the continued series of blessings which we have reaped under your most auspicious Government," after a period of great calamity, etc. And as it is our inexpressible grief that detestable and villainous designs have been basely carried on by some amongst us against H.M. authority and your Excellency's precious life, so it is great satisfaction that some of the wicked contrivers who were providentially discovered have been brought to justice etc. Also an Address to William Sharpe, C.J.
Presentments of the Grand Jury. (1) Nothing has been more prejudiciall and will continue so to be to this Island then the unhappy want of good Schools and a sufficient number of learned men for the education of youth, by which means we are destitute of men of learning etc. Pray the Legislative power to pass an Act to settle an annuity in every parish for teachers to instruct the poor gratis, this with the other advantages from those who are able to pay for their children's schooling, will be a very comfortable living and doubtless encourage severall well-bred men to come hither from England etc. (2) That the Act about the Highways may be well considered, all of which, more especially those in the parish of St. Michaell's, being at this time impassable and dangerous upon the least raines, the several penalties of the Law now in force may be put in execution against all the offending officers appointed by the said Law to take care thereof. (3) That the great inconveniences attending the want of the Great Bridge leading into the country and towards the Bay may be taken into consideration, etc., and that it be speedily rebuilt, and all the other smaller bridges in and near the town repaired, which are at this time in a ruinous and shattered condition. (4) That the beastliness and filthiness of the streets of St. Michael's is such an annoyance to the inhabitants, that they are thereby rendered unhealthy as well as uneasy, etc. (5) That the water courses and common shoares are so stopt up that unless they are cleared, the Town must upon every great rain be overflowed, also made liable to floods and stagnating waters by means of the alleys and lanes leading to the water side, which are built higher then the streets and without draines. (6) That the several decayed buildings in the said Town seem to be very dangerous. (7) That some speedy care may be taken for the watches appointed for the security of the Town, and that the Constables may have full power to compel the persons belonging to their severall watches to the performance of their duty. (8) That the briggantine and sloop be ordered out for securing our coast, and that constant care may be taken for their not lying in the harbour. (9) That care may be taken about erecting a mould and making a safe harbour for ships, and that the wharfs may be all cleared and made navigable that boats may come into them. (10) That the Law obliging all owners of boats etc. to secure them in some convenient place, to prevent our enemies and others from running of this Island, may be vigorously executed, etc., etc.
Address of the Chief Justice. (d) Certificate that above is a true copy. Signed, Bevill Granville. 12 pp. [C.O. 28, 9. Nos. 18, 18.i.; and (without enclosures) 29, 9. pp. 406–408.]
July 17.
Whitehall.
1252. Council of Trade and Plantations to the Lord High Treasurer. Enclose accounts of incidental expenses of the office, Michaelmas, 1704—Midsummer, 1705 (224l. 4s. 3d.), and pray for the payment of these, and those of the preceding quarter. [C.O. 388, 75. Nos. 128, 128.i.–viii.; and 389, 36. pp. 299–304.]
July 17.
Whitehall.
1253. W. Popple, jr., to Paul Docminique. The Council of Trade and Plantations desire your answer [July 6] as soon as possibly you can. [C.O. 5, 994.A. p. 229.]
July 17.
Whitehall.
1254. W. Popple, jr., to Mr. Burchett. Desires that Richard Sampson may have a passage to Newfoundland on board a man of war. [C.O. 195, 4. pp. 46, 47.]
July 17.
Admiralty Office.
1255. Mr. Burchett to Mr. Popple, jr. Encloses following. Signed, J. Burchett. Endorsed, Recd. Read July 18, 1705. Addressed. Sealed. 1 p. Enclosed,
1255. i. Mr. Burchett to Capt. Partington, H.M.S. Anglesea. Order to carry Mr. Sampson to Newfoundland. July 17. Signed, J. Burchett. 1 p. [C.O. 194, 3. Nos. 78, 78.i.; and 195, 4. pp. 48, 49.]
[July 17.]1256. Merchants of Bristol to the Council of Trade and Plantations. Approve Memorial of London merchants concerning Newfoundland. Propose that Magistrates and Constables be annually chosen before the fishing Admirals leave, each Master of a ship to have a vote. Some men of war, soldiers and provisions to be sent at once. A reward to be given to any person that shall discover such as shall correspond with the enemy. The soldiers to be paid in specie in the presence of the Commanders of H.M. ships of war and the fishing Admirals, to prevent the paymasters keeping their money and paying them in goods at dear rates. The practice of letting the soldiers to hire, which we conceive to be a great discouragement to them, to be restrained etc. Signed. Fra. Whitchurch, Mayor, and 15 others. Endorsed, Recd. 17, Read 18 July, 1705. 1¾ pp. [C.O. 194, 3. No. 81; and 195, 4. pp. 50, 51.]
[July 17.]1257. Thomas Byfield and Co. to the Council of Trade and Plantations. [Cf. Feb. 27.] A stop was put to their Charter, it being misrepresented to the Attorney General and Commrs. of Customs that they never intended to import pitch and tarr. They have now imported 400 barrels from Carolina, but it has arrived before the bounty comes into force. Pray that their case may be reccommended to the Commrs. of the Navy, that they may have an encouraging price for it, and also for any larger quantity that they are willing to contract for, they having refused a good price at Lisbon etc. Endorsed, Recd. Read July 17, 1705. 1¼ pp. [C.O. 5, 1263. No. 25.]
[July 17.]1258. Certificate of several shipwrights and ropemakers, that the above pitch and tar is fit for H.M. Navy. July 13, 1705. 5 signatures. Endorsed as preceding. 2 pp. [C.O. 5, 1263. Nos. 26, 26.i.]
July 17.
Whitehall.
1259. Council of Trade and Plantations to Mr. Secretary Harley. Recommend preceding petition of Messrs. Byfield to be laid before H.M. for her pleasure therein. [C.O. 5, 1291. pp. 163, 164.]
[July 17.]1260. Sir H. Ashhurst to the Council of Trade and Plantations. There is a design carrying on destructive to H.M. Colony of the Massachusets Bay, to erect a Court of Chancery there. At the request of the chief inhabitants, prays to be heard, if any such commission comes before the Board. Signed, Hen. Ashhurst. Endorsed, Recd. Read July 17, 1705. 1 p. [C.O. 5, 863. No. 138.]
[July 17.]1261. Sir H. Ashhurst to the Council of Trade and Plantations. His cousin, Peter Sergeant, hath been constantly chosen a Counsellor in New England ever since Col. Dudley's being Governor, and as constantly he hath used his negative upon him without any reason. Prays redress etc. Signed, Hen. Ashhurst. Endorsed, Recd. Read July 17. Holograph. 1¼ pp. [C.O. 5, 863. No. 139.]
July 18.
Jamaica.
1262. Governor Handasyd to the Council of Trade and Plantations. Acknowledges letter etc. of April 20 and 26. I enclose all the Minutes I could procure from Coll. Stanton, the late Speaker of the Assembly, who, poor gentleman, is since dead. Two days before he died he sent me the following message, which I, not well understanding the meaning of, think fitt to relate to your Lordships, tho' I shall make the best use of it I can. He desired two Gentlemen that were at his house to give his humble duty to the Governor, and tell him there was very soon an Assembly to meet, and that he wisht him a safe deliverance from them; this message being delivered to me as I was going to his funeral, I took the opportunity to talk of it amongst some of the Assembly men, and told the Gentlemen that brought me the message that they must go before a Magistrate, and declare it upon oath, for that I did believe Coll. Stanton knew very well the temper and inclination of the people, and as a dying man would not offer to say anything but what was just, and that such words might be taken in a dangerous sense, and that I hoped they had no design against H.M. Royall Authority, and I did assure them as to my own part, they would never find me do as Sir Wm. Beeston did, run into my closet and let them fire their guns after me; at which some of the thinking men seemed to be surprized. I shall take no notice of this to the Secretary of State, because I do not think it of that dangerous consequence; their temper is to make a noise, and I am of opinion no more, when it comes to the tryall. The Assembly met the 10th inst., and on the 11th desired they might adjourn till the Fleet sailed. I hope I have broke the ffactious knott of them that has always opposed Government, but I shall be capable of giveing your Lorps. a better account of that by my next, since they have now sate but two days, and are adjourned. The Fleet will sail tomorrow; I believe it is as rich a Fleet as ever sail'd out of Jamaica; pray God send them safe; besides the produce of the country, I am of opinion there are a great many thousand pounds in silver, therefore I doubt not but your Lordships will take care that a convoy will meet them before they come to the Soundings; there are 50 odd merchant ships, most of them of great burthen, besides 4 men of war. I have writt to the Lord High Admirall to the same purpose. As to the packett-boats' powder, I shall take care they meet with no hardships. The Acts your Lordships were pleased to send me, I have already caused to be published according to order, as likewise the Act for encouraging Navall stores. Sir Wm. Whetstone has taken a French ship of 46 guns off Carthagene, she has done a great deal of damage both on the coast of Guinea and here amongst our traders: I had two soldiers of my Regiment killed on board the Mairmaid, which was the ship that first engaged her, but she proved too many for the Mairmaid, and night comeing on had like to make her escape from them all into Carthagene, but the Flagg himselfe happen'd to spy her early in the morning, and engaged her two hours before she struck, the Captain being fortunately killed with a chain-shott, who had resolved either to blow up his ship or sink her. I must confess, tho' an enemy, I cannot but commend his brave Resolutions, and wish all Gentlemen that eat the Queen's bread would be of his opinion. Some say she was a very rich prize, and had a great deal of boulion in her, but most of her riches being betwixt decks, I believe the Admirall knows best her value: she had above 200 French men and 60 slaves. Conformable to H.M. Orders, I have had all the private men of Coll. Livesay's Regiment incorporated into mine, and although H.M. Orders say I should have done it after the arrival of the two Companys, yet the necessity Coll. Livesay's Officers, Serjants, Corporalls and Drummers were in for want of quarters, the Act being expired and they having no money to support themselves, besides the unavoidable danger they would run by going in straggling ships without convoy, both of the enemy as well as of the winter weather, which might prove the utter ruine of the Regiment, has obliged me to permitt them to go home by this convoy; and I beg your Lordships will recommend it to the Secretarys of State and War, as being absolutely for the the good of H.M. Service, to which purpose I have writ to them both by this packet. As to H.M. men of war, under command of Admiral Whetstone, I doubt not but he will give a full account of them himself, therefore I shall not trouble your Lordships with that matter. They continue healthy, only the Admirall's ship, which I have advised him to send to sea. The Island is at present, Blessed be God, very healthy. Signed, Tho. Handasyd. P.S.—A Jamaica privateer has taken a French tradeing ship of 24 gunns, the men having run her ashore and deserted her without striking a stroke; they say she is very valuable, but that I am not yet certain of, she being not come in, but expected every minute. Endorsed, Recd. 3rd, Read 31st Sept. 1705. Holograph. 3 pp. [C.O. 137, 7. No. 16; and 138, 11. pp. 427–432.]
July 18.
Jamaica.
1263. Governor Handasyd to Sir Charles Hedges. Repeats gist of preceding. Gives account of a Court Martial—one soldier suffered the death penalty, one on plea of non compos mentis reprieved in hopes of H.M. pardon. I send by this Fleet 50 odd French prisoners, and four Englishmen upon suspicion of piracy, two of which were concerned in running away with a brigantine from Barbados, but having no evidences to appear against them, send them to England, that, if 'tis thought fitt, they may be sent to Barbadoes. Signed, Tho. Handasyd. Endorsed, R. Sept. 1. Holograph. 3 pp. [C.O. 137, 45. Nos. 66, and (duplicate) 66.i.]
July 18.
H.M.S. Suffolk at Jamaica.
1264. Rear-Admiral Whetstone to the Secretaries of State. I believe it my indispensable duty to give you an account of the inclination of the Spaniards in these parts from whose coasts I lately came and chance about 10 leagues of Carthagene to meet with a French shipp of 46 gunns, who after two houres dispute, wee took and have delivered her to the Prize Officer here, there was on board that shipp three Spaniards whom I immediately sent a shoar to the Governour of Carthagene, assureing him that what Spanyards should happen into my custody, should allways be well used, and ye like I expected he would doe by the English, of which he gave me great assurance, and sent down an officer with a Flagg of Truce to acquaint me of ye same, and to tell me that what English prisoners had been there, he had used well and carefully sent over to Jamaica, and by the discourse with ye officers he sent downe and others with them, I find they are very weary of ye French yoak and tyranny, and that they are mighty desireous of a trade and correspondence with Jamaica; what sloopes have been over with them they have used with great kindness and permitted them to trade, even under the walls of their fortifications. Their kindness and willingness to trade I shall endeavour to improve. Whilst wee were upon yt. coast wee burnt a privateer, which was fitted out from Martineco to destroy or disturb the Jamaica sloopes tradeing there, one of wch. he had taken wee retook from him and saved most of her cargo etc. The Jamaica Fleet sailed this day under ye convoy of H.M.S. Guernsey, Nonsuch, Marmaid, Deale Castle. Signed, Will. Whetstone. Endorsed, R. Jan. 25. Addressed. Postmark. Seal. Stamped, "Kinsale." 1½ pp. [C.O. 137, 45. No. 67.]
July 18.
Whitehall.
1265. Council of Trade and Plantations to Governor Lord Cornbury. Acknowledge letters of Feb. 19 and 25. As to what your Lordship writes of the coin and of your having suspended the execution of H.M. Proclamation, we find that your Lordship was obliged thereunto by the necessity of the affairs and trade of that Colony, occasioned by the refractory humours and disobedient proceedings of the people of New England and other Proprieties. Whereupon we have referred the consideration of that whole matter to H.M. Attorney Generall, in order to the proposing proper means to oblige those people and all H.M. subjects in the Plantations to a complyance with H.M. pleasure therein, and in the meantime, we doe expect to hear from you, what has been the effect of the said suspension. We have laid what you write in favour of the widdow Bridges before the Lord High Treasurer, and you will have notice when his Lordship shall have determined anything thereupon. We shall expect the accounts of stores of war you promise us. We have represented to H.M. your Lordship's desire that Mr. Mompesson, Mr. Barbarie and Mr. Phillips be constituted Members of the Councill of New York, which H.M. has been pleased to approve; but wee must upon this occasion take notice, that though we have complyed with your Lordship's desire in this particular, yet we doe observe that your Lordship could not legally and properly by your Instructions admit the said gentlemen into the Councill without H.M. previous appointment, the number of the Councill then not being under 7, and therefore we desire you would for the future be more punctual in observing your Instructions therein, and not fill up the Councill above the number of 7, to which number you are limmitted by your said Instruction. And we must further desire you to be mindfull of another of your Instructions, which requires you to transmit to us the names and characters of 12 persons as you shall esteem best qualifyed to serve H.M. in the Councill of New York in order to our filling up of vacancies as there may be occasion, which we desire your Lordship to be carefull in for the future. We must observe to your Lordship that we have not received from you any Minutes of Councill since your being in the Government of New York, and therefore we desire you by the first oppertunity to send us transcripts for all those Minutes since your Government; we having constantly received transcripts of such Minutes from the preceding Governours. [C.O. 5, 1120. pp. 327–330.]
July 19.
Bristol.
1266. N. Byfield to [? Sir C. Hedges]. Mr. Colman's complaint that I did not condemn the Charles prize at Rhode Island for want of 200l., is a very great abuse, for all that I did was to tell Capt. Halsey, before I held any Court about her, that I expected somebody should engage to pay the Court's dues, which I then said was 5 p.c., but I never demanded any sum, and the only reason for delaying the condemnation was to advise upon Gov. Cranston's Commission etc. Signed, Nathal. Byfield. Endorsed, R. Nov. 2. 1 p. Enclosed,
1266. i. Nathal. Byfield to Sir C. Hedges. Boston, Feb. 22, 1704(5). Duplicate of No. 884. 1 p. [C.O. 5, 751. Nos. 66, 66.i.; and (duplicates) 66.ii., iii.]
July 20.
Kensington.
1267. Order of Queen in Council. H.M. Principal Secretary of State is to prepare a letter for H.M. signature, whereby Sir B. Granvile may be acquainted with H.M. royal approbation of his proceedings in the suspension of the Four Councillors of Barbados for acting with and privately countenancing those Members of the Assembly from whose irregular behaviour and contriv'd absence from their duty H.M. Island of Barbados had greatly suffered, and by which letter the said Governor may be impowered, upon the application and submission of the said Councillors, or any of them, unto him, to readmit them, or any of them into H.M. Councill, if he shall so think fitt; and that the said Governor be further acquainted with H.M. due sence of the great confusion and disorders that have hapned and may happen there by Members wilfully absenting themselves from their duty in the Assembly, by which means the administration of H.M. Government may be entirely obstructed, and that he be directed to represent, in H.M. name to the Councill and the next Assembly, such great inconveniencys, and to recommend unto them the providing a sufficient remedy against the same by an Act to be past by them. The Governor to be further acquainted with H.M. approbation of his proceedings concerning Richard Downes, who is not to be admitted to the Council. Signed, John Povey. Endorsed, Recd. Read July 24, 1705. 2¾ pp. [C.O. 28, 7. No. 162; and 29, 9. pp. 351–353.]
July 20.
Kensington.
1268. Order of Queen in Council. A. Skeen to be dismissed from his office of Secretary of Barbados for his misdemeanors, for which the Governor is to cause him to be prosecuted by the Attorney General in that Island. Mr. Sollicitor and Mr. Attorney General to collect and examine the evidence brought against him here and to transmit to the Attorney General in Barbados etc. One of H.M. Principal Secretaries of State to signify H.M. pleasure to the Governor. Signed, John Povey. Endorsed, Recd. Read July 27, 1705. 2 pp. [C.O. 28, 7. No. 163; and 29, 9. pp. 354, 355.]