America and West Indies
May 1706

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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125-141

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'America and West Indies: May 1706', Calendar of State Papers Colonial, America and West Indies, Volume 23: 1706-1708 (1916), pp. 125-141. URL: http://www.british-history.ac.uk/report.aspx?compid=73721 Date accessed: 25 October 2014.


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May 1706

May 1.302. Attorney General to the Council of Trade and Plantations. Report upon the Laws of Nevis passed Feb. 23, 1704. (1) I take the Act for the establishing of Courts and settling due methods for the administration of justice to be of an extraordinary nature, for H.M. by her Commission to the Governour hath empowered him to erect Courts and name Judges and other Officers, and wt. such Governour may doe, is done by this Act, wch. seems to be prejudicial to ye authority given by H.M. to ye Governour, and there not being an Appeal reserv'd to H.M. in Council, tho an appeal is allow'd to ye Governour, if this law be confirm'd it may be a question if any such Appeal can be admitted, the Court erected by this Act being declar'd to have ye same power and jurisdiction as ye Courts in Westminster Hall have. However on perusall of an Abstract of ye Plantation Laws lately printed, I find there are laws allow'd in Barbados, Jamaica and Virginia, for erecting of Courts. An Act to regulate the proceedings of Courts may be usefull, but many of ye regulations mention'd in this Act I do not think are proper, particularly making a summons fix'd up at ye Court House door to be sufficient, where the Defendt. is absent and hath no Attorney, but hath a freehold, for that ye summons should be in reason on his freehold, by which he may have notice. Judgments may be given by this Law against absent persons, on such summons so fix'd, and ye Court is without Jury to ascertain damages, and the plaintif is to give security to refund if in two years ye Deft. makes appear less is due than is allowed, without regard to his being an infant or mad, or in prison, or beyond sea. Issuable Pleas are to be try'd at ye Court they are pleaded, wch. may be inconvenient. On executions the Provost Marshall is enabled to sell inheritances if ye Deft. has no goods, wch. is unreasonable, the Law of England allowing to hold ye same by extent till ye debt recover'd be satisfy'd. Besides, the sale is made good against ye Deft., and all persons claiming by, from or under him, wch. will avoid ye Deft.'s acts precedent to ye judgmt. not being restrained to claims after ye judgmt. One party is not allow'd a lawyer to plead for him, if the other cannot gett one. After verdict the deft. is barr'd from arresting ye judgmt. in all cases, wch. is unreasonable, for it may be (and often happens) yt. no action by law lyes for the matter mention'd in ye plaintif's declaration as for words not actionable, and yet having a verdict, ye Plantif by law must have execution. All extraordinary contempts of Jurymen, and tales are to be punish't by ye Judges by ffine; what contempts are meant doth not appear, perhaps it may be taken to be a contempt, for not finding a verdict according to ye direction of ye Court, for which by law they are not to be fined. A lawyer is oblidged to give his argumt. to ye Judge in writing, wch. is ridiculous; the Judge is to observe and take notes. A bill return'd protested, the drawer is to pay ye deliverer 10l. damage and 10l. interest, with allowances for Exchange. This is a matter different from ye title of ye Bill, and is not proper, being ye same allowance in all cases, be ye summe in ye Bill more or less. There is also erected by this law a perpetual Court Mercht., who are impowered to hear and determine with a Jury, according to Law, equity and good conscience, all causes between transient persons, not exceeding ye value of 100l. current money, wch. power given is arbitrary and uncertain, whether the Judges are to act according to Law or Equity, and not fit to be allowed. (2) The Act for the better Government of negroes and other slaves. I am of opinion that this Law extending to other slaves as well as negroes, which will include persons stole in England and sold there, will be unreasonable, for it makes it felony for any person to endeavour to regain or restore them to ye liberty they were unlawfully depriv'd off, and it will be unreasonable to subject the white slaves, who may fairly become slaves by their own contracts, to ye power by this Act given to two Justices of ye Peace to condemn them to death or dismember them arbitrarily without any form of proceeding for offences capital, and if any white or black slave shall wound, hurt, bruize or maim any white person, not excepting in defence of his owner, two Justices of the Peace may sentence him to death or dismembring, and the very attempting to carry a slave (which includes white slaves) from ye Island is made felony. Therefore I am humbly of opinion this law giving such powers, and depriving all persons stol'n and sold into slavery from all assistance of their ffriends for regaining their Liberty, is fitt to be rejected. If it had extended onely to ye negroe slaves, I am of opinion it were not fitt to be confirm'd absolutely, but onely for a time, that it might be seen how usefull it would be. P.S.—Having discoursed Coll. Jorey on this law, he tells me that none are taken to be slaves but the negroes and Indians neighbours of Nevis, and that the white servants are not taken to be slaves; if that be soe, it answers the objections I have made. Signed, Edw. Northey. Endorsed, Recd. Aug. 4, 1704, Read May 1, 1706. 3 pp. [C.O. 152, 6. No. 43; and 153, 9. pp. 333–340.]
May 1.
Whitehall.
303. Council of Trade and Plantations to Governor Lord Cornbury. In reply to letter of Nov. 27, 1705. Refer to their letter of Feb. 4. We do not think it necessary that the salaries of officers in your Government of New Jersey should be so high as those at New York, New Jersey not being so considerable a Province; however, your Lordship will do well to move the Assembly again to provide sufficient salaries for them, in case the present settled Revenue will not answer those ends, whereof the establishment should be sent to us. Your Lordship says that H.M. has been pleas'd to settle 500l. sterl. a year upon you for that Government. But your Lordship does not tell us how and when the same was done, and by what establishment. We are glad to understand your Lordship's resolution of not engaging yourself in any party, but of behaving yourself equally to all H.M. subjects, which will most tend to H.M. service and the good of the country. As to Coll. Ingoldesby, H.M. has been pleas'd to revoke the Commission to him as Lieut. Governor of New York, and to order that he do reside in New Jersey, where he is likewise appointed one of the Council. [C.O. 5, 994A. pp. 282, 283.]
May 1.
Whitehall.
304. Council of Trade and Plantations to Governor Lord Cornbury. Since Feb. 4 we have received your Lordship's of July 13, and Nov. 20 and 26. As to the first, relating to Mr. Mr. Byerly, we understand that my Lord Treasurer has restored him to the execution of his office, for that amongst other things, he being his Lordship's immediate officer, complaint should have been made to him, and his Lordship's directions received before any suspension. We have not received the copy of King Charles II's grant to the Duke of York for lands from St. Croix to Delaware Bay, mention'd to be inclosed in your letter of Nov. 20, but instead of it, the draught of the surrender from the Proprietors of E. and W. New Jersey. However, we have an entry in our books of the said grant, and therefore your Lordship need not send us any copy of it. But Mr. Penn having a lease thereof from the Duke of York, who was in possession, he does insist upon his own right by virtue thereof. Your Lordship will perceive, by our letter of Feb. 4, that the accounts of stores of war, which you had then sent us, was not so particular as was expected, and therefore we again inclose, in the duplicate of our said letter, a copy of H.M. letter to you in that behalf, and desire that the next accounts of stores your Lordship shall send may be conformable thereunto. Wee have acquainted Mr. Sloper, your Lordship's Agent, with what your Lordship writes about the 20 barrells of powder. But your Lordship ought to have sent us the receipt of Capt. Rogers, which would have facilitated your Agents procuring the repayment thereof from the Admiralty. Your Lordship having found the small arms out of repair, they ought to have been mended at New York or sent home to England to have been exchanged. However, your Lordship will do well to move the Assembly to settle and appropriate a certain fund for the buying of arms for the use of the Province, as is done in other H.M. Plantations. We have communicated to Capt. Nanfan what your Lordship writes, and so soon as wee have his answer, wee shall not fail of giving you notice thereof. Wee must again remind your Lordship of dating and signing the Acts, for those we have received with your Lordship's letter of Nov. 20, are again transmitted without dates, and therefore desire that at the bottom of all Acts the year of H.M. reign, in which they were pass'd, be express'd, and also the time when they pass'd the Assembly, as well as when they pass'd the Councill and received your Lordship's assent. We have consider'd your Lordship's letter, etc. of Nov. 26, relating to the irregularities in Connecticut and Rhode Island, and expect the further proofs your Lordship does promise to send us, in order to the laying that whole matter before H.M. In the mean time we send you copies of two Addresses from the House of Lords to H.M., upon complaints made to them against the Proprietary Governments of Carolina and the Bahama Islands, for your information. As to Coll. Ingoldesby, repeat preceding. [C.O. 5, 1120. pp. 459–463.]
May 2.
Boston.
305. Governor Dudley to Mr. Popple. For want of a better conveyance, I have adventured one letter to their Lordships by a poor vessel to the North of England. Repeats part of April 23. I am at the same great expence of garrison and marching partyes, because I am sensible every day of [the enemy's] scouts to see in what posture I am, and whether there be any weak part where they may do mee damage. I am very easy with the Assembly in the affayr of the warr, they have alwayes approved the draught of their men and expence of their money for their necessary defence, and they have prospered accordingly; of the whole Eastern Tribes in five forts the Indians have no habitation nor planting that I have not destroyed, and they live in a starving and uneasy condition with the French in severall parts at the utmost distance from mee. I am only sorry the Assembly have not done their duty in obedience to H.M. commands for the rebuilding Pemaquid etc. Referring to salaryes for the officers, I will not be uneasy. I have my own estate and an arbitrary subsistence from them, which tho' it amounts not to above 350l. sterl. per annum, I will be contented till H.M. can better provide, and am only sollicitous to approve my service to H.M. and their Lordships at the Board, if I may be well recommended by their Lordships, I have what I desire, I pray your freindship therein. I hope Col. Povey is well arrived, by whom I wrote to the Board, and do not repeat it, the conveyance being so very uncertayn. I hope your health may be by this time restored, my last was signed by your son, which I answered then and now, and have no other commands from their Lordships, but hope the favour of being directed in their next packetts in what I wrote by Capt. Huntington and Col. Povey. I pray your favour for the inclosed, least they should be lost, if they had not been under cover. The letter to their Lordships is covered to the Rt. Hon. Sir Charles Hedges. Signed, J.Dudley. Endorsed, Recd. 6th, Read July 15th, 1706. Holograph. 2 pp. [C.O. 5, 864. No. 69; and 5, 912. pp. 180–182.]
May 2.
Whitehall.
306. Council of Trade and Plantations to the Queen. Offer the Acts of Nevis [see March 12], to raise an impost on strong liquors imported, and to prevent fires, for H.M. confirmation. Recommend that the 2 Acts to settle the Secretary's and the Marshall's fees be repealed, as "intrenching upon your Majesty's Prerogative and diminishing the rights of Officers holding under your Majesty's Letters Patents." [C.O. 153, 9. pp. 340–342.]
May 2.
Kensington.
307. Order of Queen in Council. Repealing 2 Acts of Nevis as recommended in preceding. Signed, Chris. Musgrave. Endorsed, Recd. Read June 13. 1½ pp. [C.O. 152, 6. No. 51; and 153, 9. pp. 373, 374.]
May 2.
Kensington.
308. Order of Queen in Council. Confirming 2 Acts of Nevis as recommended in preceding. Signed, Edward Southwell. Endorsed as preceding. 1¾ pp. [C.O. 152, 6. No. 52; and 153, 9. pp. 375, 376.]
May 3.
Whitehall.
309. W. Popple, jr., to W. Lowndes. Encloses Act of Nevis for making Indian Castle a shipping place, which being for establishing a Port, the Council of Trade and Plantations desire you would move my Lord Treasurer that they may have the opinion of the Commissioners of H.M. Customs thereupon. [C.O. 153, 9. p. 343.]
May 3.
London.
310. Mr. Linton to the Council of Trade and Plantations. Short drye tobacco is unfitt to manufacture into Roll; the sort most proper is a thin, waxy, large ffresh Leafe, and is commonly pick'd out of severall parcells that were entred at the Customehouse at diverse times, the scruffe, or short tobacco is generally throwne into one heape, and afterwards repack'd into hhds. in order to be ship'd off or sold in England for the inland consumption. The tobacco being thus mixt at a Workehouse, out of the sights and knowledge of both importer and exporter, there is great difficulty on the exportation to distinguish what part belongs to the severall entrys, according to the present practice of the Custom-house, where the exporter's oath is required. This discourages many persons from being concerned in the export trade. Signed, John Linton. Endorsed, Recd. Read May 3, 1706. ¾ p. [C.O. 5, 1315. No. 32; and 5, 1362. pp. 64, 65.]
May 8.
Whitehall.
311. Council of Trade and Plantations to the Board of Ordnance. Enclose copy of stores of war expended at New York since Lord Cornbury's arrival. [C.O. 5, 1120. p. 466.]
May 8.
Whitehall.
312. W. Popple, jr., to Stephen Duport. Encloses two Acts of Nevis for his objections. [C.O. 153, 9. p. 344.]
May 9.
Whitehall.
313. Mr. Sec. Hedges to Govern'or Nott. The late glorious successes of the arms of H.M. and her allys on the frontiers of Portugall will no doubt be very wellcome news to you, and I question not but you will take all opportunities of spreading it in your parts, so as that it may reach the Spanish Plantations and undeceive those people whom we have reason to believe are impos'd upon by idle stories reported among them by H.M. enemies, and we hope the example of their countrymen in Europe will incite the Spaniards in the West Indies to free themselves from the tyranny of a forreign Government, and to assert their own liberty, and the rights of their naturall and lawfull Prince, King Charles III. I therefore send you the enclosed Prints, where you will observe with pleasure two defeats given the Duke of Berwick's army etc. etc., in short, such an [un]interrupted series of success that we make no doubt but our next letters from Lord Gallway will be dated either from Toledo or Madrid. The zeale of the inhabitants of Valentia and the Earl of Peterborow's good reception there deserve to be particularly mentioned, but above all the loyalty, courage and resolutions of the Catalans, and especially the inhabitants of Barcelona are well worth your notice. Gives latest account of the progress of that siege. May 10. We beleive the seige is raised and the French fleet either defeated or retired. Signed, C. Hedges. [C.O. 324, 30. pp. 84–86.]
May 9.
Whitehall.
314. Mr. Secretary Hedges to Governor Dudley. I enclose tables of fees taken in the Court of Admiralty here; the officers of the Admiralty with you are to govern themselves by the same rules as are observed here. Refers to successes of H.M. arms as in preceding. Signed, C. Hedges. Similar letter to Governor Lord Cornbury. [C.O. 324, 30. pp. 86, 87.]
May 9.
Whitehall.
315. Same to Governor Seymour. Acknowledges letters, and refers to the answers of the Council of Trade, and to successes of H.M. arms as above. [C.O. 324, 30. p. 87.]
May 9.
Whitehall.
316. Same to Governor Handasyd. Mr. Daniell Stacy, sole executor of his brother, Adam Stacy, has appointed Dr. Mayo of King's Town in Jamaica to be his agent, whom I recommend to your protection etc. Signed, C. Hedges. [C.O. 324, 30. pp. 87, 88.]
May. 9.
Whitehall.
317. Same to Governor Sir B. Granville. Encloses duplicate of April 20, and announces successes as above. Similar letter to Governor Handasyde. Signed, C. Hedges. [C.O. 324, 30. p. 88.]
May 11/12.318. Extract of the Paris Gazette, May 22, 1706. Comte de Chavagnac ravaged St. Christophers from Feb. 21 to March 2 (N.S.), when he returned to Guardeloupe with a great booty. The damage inflicted on the enemy is estimated at 3 millions. On the 7th March (N.S.) the Sieur d'Iberville, arrived at Martinique with another squadron of the King's ships. He embarked 1,100 inhabitants, or flibustiers, of that Island, and having joined the Comte de Chavagnac made a descent in the night of April 1st upon Nevis. He turned the enemy out of several advantageous positions and from the Fort of the Point, where they had retired with the greater part of their artillery, and seized 22 ships which were anchored under the Fort. On April 4 (N.S.) he marched to attack them in the mountains, where they were entrenched in a position, the approaches to which were almost inaccessible; but he called upon them to surrender, and they accepted his terms. The principal conditions were that the Commander, the soldiers and all the inhabitants without distinction of age or sex should be prisoners of war, and that they should give up all their negroes. The value of the rest of the booty is not yet known; but there are more than 7,000 negroes, about 30 armed vessels, and we are assured that these two Islands will not be able to regain their former state in ten years time. These two expeditions have not cost us 50 men, killed and wounded, etc. Endorsed, Recd. Read May 22, 1706. French. 2 pp. [C.O. 152, 6. No. 46.]
May 12.
Jamaica.
319. Governor Handasyd to the Council of Trade and Plantations. Refers to enclosures. I have for some weeks past been making preparations to receive [the enemy] and putting everything in as good a posture of defence as it's possible, and I doubt not if they do come but we shall give them a very warm Reception; the ffatigue I went thro in this in this business put me into a violent ffeavor, which continued on me a few days, but I thank God the worst is past, and I beg your Lordships will not take it amiss that I do not write at large, for I am hardly able to sign my name. I have been obliged to proclaim Martiall Law, finding the inhabitants so obstinate, that they would do nothing without it, but if the enemy's designe is not against us, the colours shall soon be lodged again. I have advice that there are 12 sail of French men of war at Carthagene, whether they are come to fetch away the Spanish fflota, or get fforces from the Spaniards to come against Jamaica, I know not, but if they do make an attempt on us, I do assure your Lops. Jamaica shall not be lost without the lives of the best part of us, if the fforces here will stand by their colours, as I expect they will. Admiral Whetstone came in yesterday, but brings no other news than that the Barlaventure fleet is at Carthagene, what their design is now the French ffleet is there with them I know not, but shall be able to give a further account per my next. I, thinking it absolutely necessary in the present emergency, that the Gentlemen who are fforeigners and lately served as officers of the Militia of this Island, but by a late Act of Assembly were made incapable of bearing Commissions, should be restored to their former commands, most of them being Gentlemen of the best interests in the country, and persons on whom I can best depend, I have therefore issued out a Proclamation for the same untill H.M. pleasure be further known, which I hope will be approved of by H.M. and your Lops. The flagg of Truce is not yet returned from Carthagene, and I suppose the reason is because of the Fleet's being there. It is once more my humble request to your Lops. that I may be relieved when my Regiment is at the expiration of the 6 years, if H.M. think fitt, ffor what with my long service in the army, and the ffatigue and sicknesses I have gone through in this country, the constitution of my body is quite worn out. My ffamily is very great, and my ffortune but small, yet I am not at all apprehensive I shall want bread, while I serve so good a Mistress, and have so good friends as your Lops. to patronize me. I again earnestly recommend to your Lorps. that the person who is appointed to relieve me from this Government, may be a man of undoubted loyalty to H.M. as well as resolution to manage affairs here, or else I dread the consequence. Signed, Tho. Handasyd. Endorsed, Recd. 24th, Read June 26th, 1706. 2 pp. Enclosed,
319. i. Governor Sir B. Granville to Governor Handasyd. Duplicate of April 8.
319. ii. Lt. Governor Johnson to Governor Handasyd. Antigua, April 15, 1706. We have an account of Ducass's squadron passing Barbados on the 6th, etc. Copy. 1 p. [C.O. 137, 7. Nos. 25, 25.i., ii.; and (without enclosures) 138, 11. pp. 478–482; and (extract of covering letter) 137, 45. No. 78; and (enclosure ii. only) 7, 1. No. 10.]
May 12.320. Governor Handasyd to Mr. Secretary Hedges. Repeats preceding. Signed, Tho. Handasyd. Endorsed, R. June 23. 2 pp. Enclosed,
320. i. Duplicate of No. 319.ii. [C.O. 137, 45. Nos. 77, 77.i.]
May 14.321. Copy of commission to Rd. Taliaferro to be Chief Justice of the Bahama Islands. C.S.P. 1699. No. 465.i. [C.O. 23, 12. No. 67.]
May 16.
Bermuda.
322. Lt. Governor Bennett to Mr. Popple. Repeats letter of March 11 etc. Signed, B. Bennett. Endorsed, Recd. Oct. 15, 1706, Read March 14, 1706/7. Holograph. Addressed. Sealed. 2 pp. [C.O. 37, 7. No. 32; and 38, 6. pp. 228, 229.]
May 16.
Bermuda.
323. Lt. Governor Bennett to W. Popple. The vessell that gives the opportunity of sending this, just touched here from Barbados. I transmit the enclosed duplicate [? April 22], concluding it will arrive sooner than the original. Besides I do not find by the Captain that at Barbados they have so particular an account of Nevis as therein related. He likewise tells me it's concluded there Antigua is taken. My reason to the contrary is that the Master that brought my letter from Antigua [see April 22] told me that a sloop lay ready, in case the French made any show of landing there, to bring several gentlewomen of that Country here, but I have heard nothing of them; it may be the vessel has been intercepted: he added that the Enemy was on shore on Nevis when he sailed from Antigua, March 30, and by a letter from Barbados I find they were there on April 10. In that letter it is also said that Nevis surrendred on articles, but I fear it was taken, for that day (being Good Friday) the French attacked and took the forts, they landed their men, and at night great fires were seen supposed to be the town and plantations of Canes. A vessell that came from Curicao about six weeks since being arrived here, the Master reports that upon the French their takeing St. Xtophers, a strict embargo was laid there, but upon hearing the enemy was return'd to Martinique, it was taken off, and that when he came away it was not known there the French were out again. From Virginia I am advised that 11 sail of merchantmen bound thither were attacked by two large privateers, off the Canaries, who took 5 of them, the other 6 are safely arrived (as also is the Barbados fleet). I inclose the condemnation of the French ship brought in here [see March 11]. I hope the proceedings thereon have been regular and satisfactory, if not, I should be glad to know my errors. When I was making up this packett, I sent to the Secretary for copies of Minutes and Journals of the Council, but they are not compleated. I will doe what I can to return everything that's required as expeditious as possible, but Clarks are not to be had. Pray excuse my scribling, which hast obliges me to. Signed, B. Bennett. Endorsed, Recd. Oct. 15, 1706, Read March 14, 1706/7. Holograph. 2 pp. [C.O. 37, 7. No. 39; and 38, 6. pp. 226, 227.]
May 16.
St. James's.
324. The Queen to Governor Sir B. Granville. Whereas humble suit has been made unto us on your behalf, that for the recovery of your health wee would be pleased to give you leave to remove from Barbadoes for 6 months, Wee hereby grant you full leave, etc., you taking effectual care to leave things there in such a condition that the Publick may suffer no prejudice by such your absence etc. Countersigned, C. Hedges. Endorsed, Recd. Read May 14, 1707. 1 p. [C.O. 28, 10. No. 4; and 29, 10. pp. 478, 479.]
May 16.
St. James's.
325. Mr. Sec. Hedges to Governor Lord Cornbury. I send this by a flying pacquet, hoping it will overtake the maile to acquaint you with the good news of an entire and glorious victory over the French, etc. [Ramillies. See Marlborough's Dispatches]. I have ordered a printed paper which will come out late to-night to be sent to your Lordship from the Office, which will give you some more particulars etc. Signed, C. Hedges. Similar letter to Governors of Barbados, Jamaica, Virginia, Maryland, Leeward Islands, and a printed relation to Governor Dudley. [C.O. 324, 30. p. 89.]
May 17.
Bermuda.
326. Lt. Governor Bennett to Mr. Popple. By my other letters it is said that they come in Capt. Jennings. But the wind blowing very hard, the ship's cable parted, and the Capt. was forced to put to sea, etc. My letters now goe by the way of New England. I enclose duplicates of Naval Officers' Accts. If you received the originals, please to let my brother have these to deliver into the Custom-House etc. Signed, B. Bennett. Endorsed, Recd. Oct. 15, 1706, Read March 14, 1706/7. Holograph. 1½ pp. [C.O. 37, 7. No. 40; and 38, 6. p. 230.]
May 17.327. Attorney and Solicitor General to the Council of Trade and Plantations. Reply to April 12. It appearing by the Address of the House of Lords, March 18 (Lords' Journal, XVIII. p. 159), that the Proprietors of the Bahama Islands have deserted the same, and that there is not now any forme of Government remaining there, we are of opinion they have thereby forfeited their powers of Government, and those powers may by scire facias in H.M. Court of Chancery on the Patent, or by quo warranto in H.M. Court of Queen's Bench be by judgment seiz'd into H.M. hands as forfeited. And we are also of opinion that this extraordinary exigency happening thro' the default and neglect of the Proprietors, H.M. may, for the securing those Islands and the inhabitants, constitute a Governor, and provide both for the civil and military Governmt. thereof before any suit be commenc'd. Signed, Edw. Northey, Sim. Harcourt. Endorsed, Recd. Read May 21st, 1706. 1 p. [C.O. 5, 1263. No. 107; and 5, 1291. pp. 375–377.]
May 17.328. Same to Same. Reply to April 12. Upon the Address of the House of Lords (Lords' Journal, XVIII, p. 150), we have perused the two Acts of Carolina and the two grants of Charles II, whereby is granted to ye Proprietors powers to make laws with the assent and approbation of ye freemen, so as such laws be consonant to reason and as near as may be conveniently agreeable to ye laws and customs of England. And the laws mentioned in ye sd. Address not being consonant to reason, and being repugnant to ye Laws of England, are not warranted by ye sd. Charter, but wee are humbly of opinion were made without any sufficient power or authority derived from ye Crown of England, and therefore doe not oblige or bind the inhabitants of that Colony, and H.M. may lawfully declare those Laws as to the matters therein contain'd, mention'd in the said Address, to be null and void, and command that the same shall not be put in execution or observ'd, and may also require and command the Proprietors and Assembly by Act of Assembly to enact and declare ye same to be null and void. And wee are further of opinion that the making such law is an abuse of ye power granted of making Laws and will be a fforfeiture of such power. And that that power may be seiz'd into H.M. hands by scire facias in the Chancery on ye Patents, or by quo warranto in the Queen's Bench, if the Laws were approv'd and confirm'd by the present Proprietors, wch. doth not fully appear to have been soe by the sd. Address. Signed, Edw. Northey, Sim. Harcourt. Endorsed as preceding. 2 pp. [C.O. 5, 1263. No. 108; and 5, 1291. pp. 378–380.]
May 20./June 1.
Fort Kijkoveral.
329. Commandant Beeckman to the Dutch West India Company. Encloses following etc. Dutch. 6 pp. Enclosed,
329. i. List of goods required. Dutch. 6 pp.
329. ii. Copy of letter to the Dutch West India Company, June, 1706 [? 1707]. See Appendix to Venezuelan Boundary Commission Report. No. 137. Dutch. 6¼ pp. [C.O. 116, 20. Nos. 4, 4.i., ii.]
May 21.
London.
330. Mr. Dummer to Mr. Popple. Gives sailings of the Prince George packet. Out and home, 116 days. All the extraordinary that comes in my letters is the enclosed paper. Signed, E. Dummer. Endorsed, Recd. Read May 23, 1706. Addressed. 1 p. Enclosed,
330. i. Brief Account of the French invasion of St. Kitts, Feb. 5. 1 p. [C.O. 323, 6. Nos. 5, 5.i.]
[May 21.]331. Copy of King Charles II's grant of the Bahama Islands to the Duke of Albemarle and others. [C.S.P. 1670. No. 311.] Endorsed, Recd. Read May 21, 1706. [C.O. 5, 1263. No. 109.]
May 23.
Whitehall.
332. Council of Trade and Plantations to Mr. Secretary Hedges. Enclose extracts of letters from Nevis, March 12 and 13. The request that the poor men and servants should not be inlisted there, agrees with the general direction usually given and may, if H.M. thinks fit, be renewed to all the Governors and Commanders of the Plantations; for that the inlisting of inhabitants there, who are otherwise all of them obliged to serve in person upon occasion in the Militia, is of no additional strength to those Plantations. Enclose Petition from Nevis (March 12th) to be laid before H.M. [C.O. 153, 9. pp. 361, 362.]
May 24.333. Mr. Thurston to W. Popple. The Newfoundland Convoy is just upon its departure, and yet not a ragg of cloathing provided by reason of a dispute between the Company and Lord Paston's regiment as to off reckonings. Prays for a line to Mr. Burchett to have the medicines and shoes and stockings taken on board. There's not a penny of money yet ordered. Signed, J. Thurston. Endorsed, Recd. Read May 24, 1706. 1 p. [C.O. 194, 3. No. 161; and 195, 4. p. 280.]
May 24.
Whitehall.
334. Council of Trade and Plantations to Mr. Sec. Hedges. We thought it our duty to acquaint you with preceding, that the necessary order may be given herein. [C.O. 195, 4. pp. 281, 282.]
May 24.
Whitehall.
335. W. Popple to Mr. Burchett. Moves as desired in preceding. [C.O. 195, 4. p. 281.]
May 24.
Whitehall.
336. Council of Trade and Plantations to Mr. Secretary Hedges. Enclose following,
336. i. Council of Trade and Plantations to the Queen. Recommend that the Acts of Carolina be repealed, and directions given for reassuming that Government into H.M. hands, as proposed by the Attorney and Solicitor General, May 17.
336. ii. Council of Trade and Plantations to the Queen. Repeat former Representations as to the Bahamas, and quote John Graves' evidence, and the opinion of the Attorney and Solicitor General, May 17, with which they concur. Offer that, "Your Majesty, at such time as other affairs shall permit, appoint and send over a Governour with your Royal Commission and a sufficient force and suitable provisions of warlike stores for the security of the said Islands and the protection and good Governmt. of your Majesty's subjects," etc. [C.O. 5, 1291. pp. 381–392.]
May 27.337. Lt. Moody to the Council of Trade and Plantations. Thanks for their justice and penetration and prays for a certificate that he has cleared himself of the complaints against him. Signed, J. Moody. Endorsed, Recd. Read May 27, 1706. 1 p. [C.O. 194, 3. No. 162.]
May 28.
Antigua.
338. Lt. Governor Johnson to Mr. Secretary Hedges. I believe I was too possitive [see April 17] that M. Ducas was arriv'd. We are yet to learne what that fleete was; the French say they were the Spanish Galleons, and wee apprehend them to have been the homeward-bound Dutch shipps from Surinham. Our danger seems to be pretty well over for the present; I could wish our feares and allarmes would vannish with it. But the enemy were so faithfull in making good their former threates, that the people here in generall think they have too much reason to regard what they give out is further intended against us. The French at Martinico talke very freely of the project that is fully settled by their Ministers of sweeping all the English Collonies; that the weakness or disorder of the best of our Islands is sufficiently knowne at Versailes; and that whilst we are amuzing ourselves at Catalonia (for amuzement they are pleased to give the terme of that expedition), they will prove themselves to be more usefull friends to ye Spaniard than we can possibly bee by furnishing them with season'd nigros from our Islands every yeare. The next fleete, they say, will be much more considerable than the last, a squadron of capitall men of warr, with 20 large privateeres, and a good number of transport shipps, with regular troops, are promis'd, to joyne the Privateeres and other fforces they have already here, to attack Barbados and these Islands; and they think their success, which they seem pretty well assur'd of, will doubly pay the expence of such an expedition. Indeede they talke but too knowingly upon this occasion and I am sorry their intelligence has beene soe good, and their reflections soe just: such discources, which have [been] brought hither by our flaggs of Truce, and the consideration of their owne circumstances raise apprehensions in the inhabitants which seeme but too well grounded; and which 'tis not in my power to quiett. The people here are very much dispirited, not to say despairing; they think themselves neglected, if not abandon'd, and a great many have already declar'd they will live soe precarious noe longer, and are preparing to seek for settlements and security elsewhere. The common people and artificers, whose fortunes are easily remov'd with them, will for the most part goe to Coracoa, and St. Thomas's; that is, will turne privateeres during the wars and pyrates for ever after. The people of Nevies have begun the ill example, tho none have beene carry'd off, nor have they lost above halfe, or a third part of their nigroes or effects; but the gilt and shame of some, the feare of others, and chiefely the unhapy engagement of the greater part, have influenc'd them to take such resolutions as I can only lament, which 'tis very much in my inclination, and shall be in my heartiest endeavors to prevent; but the daily expectation of our Generall makes me very uncertaine in my measures. It may be thought, Sir, at home the neighbourhood of Berbados is a sufficient protection to these weaker collonies. 'Tis certaine there are a great many People in that Island; But whence it is I know not, the Gentlemen there not only pretend, but really seeme to think themselves in equall danger with us; and whether able or no, are certainly unwilling and determin'd not to spare any succors to these Islands. So that the hopes and dependance of the people here are entirely plac'd in H.M. great goodness and wisdome etc. Signed, Jon. Johnson. P.S. —The Gentlemen of this Island have beene at a very great charge for severall yeares to raise an inland fortification here, for the retreat of their women, children, etc. This yeare in particular they have given proofs of extraordnary zeale for the publick honor and interest, and have putt themselves to a charge much beyond what could be expected from them; their loyalty and publick spiriteness seeme to deserve all possible countenance from the Ministers. Prays, on behalf of the Council and Assembly, for 40 or 50 twenty-four to thirty-six pounders etc., etc. Signed, Jon. Johnson. Endorsed, R. Jul. 31. 3 pp. [C.O. 7, 1. No. 12.]
May 28.
Admiralty Office.
339. Mr. Burchett to Mr. Popple. Encloses order to the Captain of H.M.S. Falkland to receive aboard his ship and the Larke stores for Newfoundland, as desired May 24. Signed, J. Burchett. Endorsed, Recd. May 28, 1706. 1 p. [C.O. 194, 3. No. 163; and 195, 4. pp. 282, 283.]
May 28.
Whitehall.
340. Council of Trade and Plantations to the Board of Ordnance. Enquire what has been or can be done by the office of the Ordnance in the matter of the bond of Mr. Daniel of Carolina (see April 1st), that we may be assisting in the recovery of the stores of war borrowed at Jamaica. [C.O. 138, 11. pp. 473, 474.]
May [29].341. Merchants and Planters of St. Xphers. to the Queen. Recount invasion of Feb. 11. The French destroyed everything they could come att, to the entire ruine of most of the inhabitants, who are reduced to the most lamentable condition imaginable. The enemyes carried off all the great guns planted on batteries at the anchering places, so that the shipping is now exposed to the least of their privateers, as they have had experience. Petitioners humbly conceive this high misfortune was partly occasioned by the misunderstanding that is since a long time between the Commanders and the Inhabitants upon acct. of the Act for subjecting the French part of the Island to the Civill Government never put in execution, together with the enemyes knowledge of the small number of standing forces that were in the island, the whole Regiment now there being reduc'd to less than 300 men, wch. with their present misery and apprehension of new danger has so dejected the inhabitants that most of them are resolv'd to desert the Island, for to settle where they may expect to live with more freedom, security and ease. Pray H.M., in compassion to their most dolefull present condition, to direct speedy reliefe to be sent, to encourage them to resettle etc. With great pains, cost and charge since several years they have erected two good forts, for preserving of which 2 independant companies of 100 each with some heavy cannon would suffice. No enemy's force in those parts could then reduce Brimstone Hill Fort otherwise than by famine. They also want several good cannon with carriages to replace those taken etc. Nothing can encouridge more those unfortunate inhabitants to this new settlement than to be excused from paying the duty of 4½ p.c. for such time as Y.M. shall think fitt, and be allowed a free trade wth. all other nations, which is no more than what the French King granted to the inhabitants of their part of the Island, when they went to resettle in 1700. Signed, Saml. Balls, F. Duport and 7 others. Endorsed, May, 1706. Mem. [by ? Sir C. Hedges]. Col. Park has orders, and nothing more can be done till ye effect of those orders is known as to ye Fr. St. Xphers. not contributing. Wt. relates to cannon etc. send to ye Ordnance. 1¾ pp. [C.O. 239, 1. No. 11.]
May 29.
Whitehall.
342. W. Popple, jr., to Mr. Secretary Hedges. In explanation of preceding petition, repeats what has been done in regard to the Act for subjecting the French part of the Island to the Civil Government. "Which matter in difference and cause of dissension between the inhabitants is supposed by the Commissrs. for Trade to be in some measure the cause of the misfortune that has lately befaln them." Encloses copy of the Representation of April 12. 2 pp. [C.O. 239, 1. Nos. 10, 10.i.; and (without enclosure) 152, 6. No. 50; and 153, 9. pp. 371, 372.]
May 29.
Whitehall.
343. Council of Trade and Plantations to Mr. Secretary Hedges. H.M. having appointed a Day of Thanksgiving throughout England for the great success of H.M. arms in Flanders, we put you in mind of the Plantations, etc. [C.O. 324, 9. p. 121.]
May 30.
Whitehall.
344. Mr. Sec. Hedges to the Council of Trade and Plantations. A day of thanksgiving is to be observed in the Plantations as in preceding. Signed, C. Hedges. Endorsed, Recd. Read May 31, 1706. 1 p. [C.O. 323, 6. No. 7; and 324, 9. p. 122.]
May 30.
Whitehall.
345. Council of Trade and Plantations to Governor Handasyd. Acknowledge letter of April 1, and are glad to find the progress you have made, pursuant to your Instructions, in incouraging the Spaniards to acknowledge their lawfull sovereign, King Charles II, which we hope will meet with no difficulty, when they are informed of the further great success of his Catholick Majesty King Charles III in Spain, and H.M. arms in Brabant and Flanders. And as to your desire that your regiment be relieved, we do not think H.M. can dispense with the service of so good a regiment in Jamaica, and so able a Commander in this juncture of affairs. We shall be always ready to intercede with the Queen in anything that may be for your interest, except your coming home, especially at this time, when your personal attendance may be of great service in executing such orders as may be sent you in relation to the Spanish Governments. Whereas we have received from you an account of ordnance stores, we desire you to continue the same, according to your Instructions. You don't give us a distinct account of Mr. Daniel's bond. You should have informed us what stores you had lent him; whether you have recieved the same again; whether you have put the bond in execution, or what other method is to be taken for the recovery of the said stores. P.S.—Sir Salathiel Lovel having writ to you about the death of his son, we desire you to do what you can in his behalf that his son's effects may be remitted, etc. [C.O. 138, 11. pp. 474–476.]
May 30.346. Council of Trade and Plantations to Lt. Governor Bennett. Acknowledge letters of March 31, June 29 and Oct. 9, 1705. But we have not received the copys of the Acts past in 1694, 1698, and 1701, tho therein refer'd to, and therefore desire you not to faile to send them by the first opportunity. Tho it is not expected you shou'd examine and colate yourself all the Acts and Minutes of Council, yet you wou'd do well to supervise the same, so as not to depend entirely upon the clerk whose business it is: and to take care that the essential part of those Acts (as the dates) be not forgot. We shal expect the half yearly accounts of publick stores you promise, but we desire you to be very particular in observing the directions of H.M. Order thereupon. We commend your diligence in forming a troop of Horse Granadieers, which we assure ourselves will be of use. We have laid before H.M. what you writ of the behaviour of Mr. Jones, and you will see by the inclosed Order in Council, April 4, H.M. pleasure thereupon. [C.O. 38, 6. pp. 190, 191.]
May 30.
Whitehall.
347. Mr. Sec. Hedges to Governor Lord Cornbury. I have writt to your Lordship so lately that I had not troubled you now, but upon the happy occasion of the good news we received this morning by an express from Barcelona, which I am confident your Lordship will improve for H.M. service and the good of the common cause by publishing it so as it may reach the Spanish Plantations, and incite those people to follow the example of their countrymen in Old Spaine, by signalizing their loyalty for King Charles III, etc. P.S.—I enclose a continuation of the great and glorious progresses the Duke of Marlborough is making in the Netherlands, etc. I recommend to your favour Mr. John Riggs, a Lieut. in the Garrison at New Yorke, recommended to me by the late Governor of Virginia, Col. Nicholson. Signed, C. Hedges.
Similar letter, without last sentence, to Governors of Virginia, Maryland, Massachusetts Bay, Leeward Islands and Barbados. To Governor Sir B. Granville was added: Understanding from Sir John Stanley that H.M. letter to you of July 29 last, wherein she was graciously pleased to approve of your proceedings in severall particulars in relation to some complaints against you, has never come to your hands, I send you a copy. [C.O. 324, 30. pp. 90, 91.]
May 30.
Whitehall.
348. Council of Trade and Plantations to the Bishop of London. Mr. Jackson having represented to us that your Lordship's letters in his behalf to his Grace of Canterbury might be of great use to him, we recommend this unfortunate man to your charity. [C.O. 195, 4. p. 283.]
May 30.
Office of Ordnance.
349. Accounts of Ordnance Stores issued and remaining in the several Plantations. Endorsed, Recd. Read July 23, 1706. 13 large pp. [C.O. 323, 6. Nos. 13, 13.i.]
May 30.
Whitehall.
350. Mr. Secretary Hedges to Governor Handasyd. Some merchants having represented that if Spanish ships might come securely to Jamaica, a very beneficial trade for negroes, woollen manufactures and other commodities might be opened between that Island and the Spanish Plantations in the West Indies, H.M., being very desirous to make use of all opportunities for the advancement of trade and for promoting the welfare of H.M. subjects, has been graciously pleased to order the issuing of passes in the form herewith sent you for such merchants as shall desire them, who are to send them to their correspondents in Jamaica, and to prevent any abuse of the said passes, their correspondents are in your presence to fill up the blanks left for the name and ports etc. of the ships. Another blank is left to be filled up with the word Indigo, if you judge it for H.M. service and the advantage of Trade, or else to be left in blank, if you find it reasonable. You are to keep a register of the passes, and send me an account from time to time of your proceedings, etc. Encloses happy news from the Netherlands and Barcelona to be published among the Spanish Plantations. Signed, C. Hedges. [C.O. 324, 30. pp. 92, 93.]
May 30.
Whitehall.
351. Council of Trade and Plantations to Governor Sir B. Granville. Acknowledge letter of March 4. We hope that long before this comes to your hands, Commadore Kerr will be arrived in your parts with a squadron of men of war. We do not doubt of your courage and conduct in the defence of Barbadoes, in case of an attack, and of your giving such aid to your neighbours as may consist with the safety of your Government. We just now hear by Sir J. Stanley that you have not received H.M. pleasure by a Secretary of State concerning the late differences in Barbadoes, and particularly for the restoring the suspended Counsellors upon their submission, which we think was incumbent on the Agents to have sollicited in that Office, and transmitted to you, as we have acquainted him. We are preparing a report upon his Memorial following. [C.O. 29, 10. pp. 61, 62.]
[May 31.]352. Sir John Stanley to the Council of Trade and Plantations. H.M. granted the Governor of Barbados power to restore the four suspended Councillors upon their submission. Three of them are dead; and Major Lillington has not made any submission. He prays H.M. to confirm those gentlemen who have been sworn into the Council. Signed, J. Stanley. Endorsed, Recd. Read May 31, 1705/6. 1 p. [C.O. 28, 9. No. 45; and 29, 10. pp. 63, 64.]
May 31.
Whitehall.
353. Council of Trade and Plantations to the Queen. Recommend H.M. confirmation of Abell Alleyn, Wm. Cleland, James Colleton and Middleton Chamberlain in the Council of Barbados, as preceding. [C.O. 29, 10. pp. 65, 66.]
May 31.
Whitehall.
354. Circular letter to the Governors of Plantations from the Council of Trade and Plantations. You are to appoint a proper and speedy Day of Thanksgiving for H.M. victories in the Spanish Netherlands and Catalonia, as is prescribed by enclosed Proclamation. See March 29, 30. [C.O. 324, 9. pp. 122, 123.]
[May.]355. Merchants and Planters concerned in Nevis and St. Kitts to Sir C. Hedges. Recount the invasions of the French Feb. 11, and March 22. The damage done to Nevis, by a modest computation, amounts to a million of money, besides all H.M. Forts, with 100 cannon and all warlike stores. Two days before their departure they forced the inhabitants' consent to deliver 1,400 negroes or 42,000l. by Oct. 8, taking as hostages 4 of the principal inhabitants. Propose speedy reliefe in respect to that article; the inhabitants, not being able to comply, will be forced to desert the Island, as some have already done, the Enemy having threatned, if not performed, to use the utmost extremity of fire and sword, and will send all the men to New Spaine and the women and children among the French. Pray that sufficient ships of war and regular forces, guns, warlike stores and provisions be sent there, the enemy destroying and carrying away all provisions and live cattell that are proper for subsistance; soe that the poor distressed inhabitants will starve unless releived by H.M., the merchants tradeing there being wholly disabled to supply them. That H.M. take into her princely compassion the deplorable condition of her distressed subjects for the further reliefe of their great losses, etc. Signed, Jos. Jory, Rich. Meriwether, F. Duport, John Tonstall, Jasper Wall, Joseph Martyn, Ja. Walker, Saml. Ball, Dan. Alford. Endorsed, May, 1706. 1¼ pp. [C.O. 152, 39. No. 110.]