America and West Indies
October 1706, 7-10

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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257-262

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'America and West Indies: October 1706, 7-10', Calendar of State Papers Colonial, America and West Indies, Volume 23: 1706-1708 (1916), pp. 257-262. URL: http://www.british-history.ac.uk/report.aspx?compid=73728 Date accessed: 29 July 2014.


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October 1706, 7-10

Oct. 7.
St. Xphers.
522. Governor Parke to the Council of Trade and Plantations. Repeats part of Oct 5. Signed, Daniel Parke. Endorsed, Recd. Read Dec. 5, 1706. 1 p. [C.O. 152, 6. No. 66; and 153, 9. pp. 417, 418.]
Oct. 7.
New Yorke.
523. Caleb Heathcote to the Council of Trade and Plantations. A proposal for fitting out men of war and building frigates in America at half the present cost in England. Signed, Caleb Heathcote. Endorsed, Recd. Nov. 26, 1706. Read Feb. 21, 1706/7. 2 pp. Enclosed,
523. i. Estimates for above scheme. Oct. 4, 1706. Signed, Caleb Heathcote. 3 pp. [C.O. 5, 1049. Nos. 25, 25. i.; and 5, 1121. pp. 2–12.]
Oct. 8.
New York.
524. R. Mompesson to the Council of Trade and Plantations. Returns thanks for their approbation of him as Chief Justice and Councillor, etc. I think ye best method is in all things (as far as conveniently may be) to observe the laws and statutes of England, and the practice of Westminster Hall. And I have had so good success therein, I may already say of this Province, that I should have no cause to be ashamed if any Record were removed hence by writt of error etc. And I hope in a term or two I may say the same of New Jersey, wch. I found without any scheme, or plan, of Law or Justice. Praises the Governor, who never interposes with ye proceedings of the Courts, but is still ready to hear anything that comes regularly before him. But there has been no writ of error brought from ye supream Court in either Province since I have ben concerned there, etc. On Mr. Pen's proposal before I left England, and request since, and ye invitation of the Lieut. Governor of Pensilvania and others there, I officiated as Cheif Justice of yt. Province and the Lower Countys in the Spring, and thought to have don so again this fall. But their Ordinance, or Act of Assembly, for establishing their Courts having been rejected in England, there must be a new establishment by the Governour and Assembly. At wch. time, if they give me any suteable encouragement and a power of doeing them good, wch. I scarce had by their last ordinance, I shall be ready to serve them: their Courts not interfering with those of York or New Jersey. Signed, Roger Mompesson. Endorsed, Recd. Nov. 25, 1706, Read Feb. 28, 1706/7. Holograph. 3 pp. [C.O. 5, 1049. No. 27; and 5, 1121. pp. 13–15.]
Oct. 8.
Boston.
525. Governor Dudley to the Council of Trade and Plantations. I humbly acquainted your Lordships by Mr. Popple on Sept. 7, which being an uncertain conveyance, I therefore now repeat. That I had a number of French prisoners belonging to Port Royall, and they had near an equall number of mine, and some that belonged to Virginia taken at sea, which I was willing to exchange, and accordingly sent a sloop to Port Royall on that score. The Master I employed was one Rouse, who foolishly and wickedly agreed with a fishing vessell or two to follow him, and hoping for some gain, carried trade with him, cloaths and grain, and at the same time one other vessell managed by Capt. Vetch, that came from Darien when that place broke up, was concerned also, and sayl'd to the Poynt of Cancer on the back of Newfoundland; I had soon advice thereof and they were all apprehended and committed to prison, and the people thereupon in a very great displeasure, that anybody should be so wicked as to labour to supply the Indian rebells that were fled from us, and whose planting these three years I had prevented by very hard marches of the Queen's subjects into all the remotest parts of their Settlements. The Generall Assembly being sitting at the time, I allowed them to take cognizance thereof, as the Charter doth admit, and upon a long hearing and process six of the said persons are fined as the inclosed account contayns. The Acts of the Assembly are now laid before your Lordships, and I have underwritten and agreed the Acts severally with these words, "saving to H.M. her royall prerogative referring to the fines as I am commanded." I am humbly of opinion that the fines are beyond the power of some of them (especially Rouse) to pay, and would have been glad they had all been moderate about the one half; to which if H.M. will of her royall grace please to remit them, or however it shall please H.M. to dispose, I most humbly and absolutely submit it to her royal pleasure. I am sensible that the persons in their applications to your Lordships and elsewhere will reflect upon some methods in the Proceedings especially of the House of Representatives, but when it shall be remembred that they are farr distant from home, of less education and knowledge in the Law, and in a very great displeasure against traders with the enimy, aggravated by a hard pressure of the enimy, at the very instant when this was discovered, it will go a great way in their excuse. It was a very difficult thing for mee to keep the people within bounds in their displeasure, and I was something fearfull of an outrage upon the delinquents, but it is well over, and the proceeding of the Generall Assembly. The members will to be sure use their endeavours to make it look well and satisfactory to the people everywhere, and no other Court could have done the same. I assure your Lordships that I was never more sorry for anything in my life than that so ill and inconvenient a thing should happen to enrage the people while they are under so heavy taxes and hard service to starve and destroy the enimy; that I have used all possible means in my power in the proceedings to have them moderate as well as reasonably satisfactory in so publick a case; that I have no animosity to any the persons delinquents, who had suffered to the last degree, if I had not with all the skill I have laboured to quiet the people; that I shall be very glad of H.M. favour to any or all of them, as well as to all her good subjects in the Government, who are at this time patient of the utmost charges and heavy service for H.M. honour as well as their own support. Repeats part of following. I further humbly acquaint your Lordships of the receipt of your Lordships' letter of May 31, commanding a Thanksgiving to Almighty God, which I have ordered to be celebrated on Thursday, Oct. 17, and doubt not but all H.M. said subjects will devoutly do their duty, and acknowledge such unspeakable favour to their Sovereign and nation, wherein they have their share. Signed, J. Dudley. Endorsed, Recd. Nov. 25, 1706, Read Feb. 28, 1706/7. 2½ pp. Enclosed,
525. i. Certificate that the following are authentic copies. Signed, J. Dudley. 1 p.
525. ii. Copies of the accusations, affidavits and proceedings July 12—Aug. 7, 1706, against John Borland, Saml. Vetch, Roger Lawson, William Rouse and Ebenezar Coffin for trading with the French etc., as above. (Cf. Oct. 21.) Endorsed, Recd. Nov. 25, 1706. 23 pp.
525. iii. Proclamation for a Day of General Thanksgiving on Oct. 17 for H.M. victories, the defence of the plantations, "the plentiful Harvest after the immoderate rains and excessive floods in the beginning of the summer; for the great measure of health, the return of many of our prisoners etc." Signed, J. Dudley. Boston, Sept. 19, 1706. Same endorsement. Printed. 1 p. [C.O. 5, 864. Nos. 134–138; and (without enclosures) 5, 912. pp. 300–306.]
Oct. 8.
Boston.
526. Governor Dudley to Mr. Secretary Hedges. My last to your honour was on April 23, since which I have the honour of yours of May 9, with directions about the Admiralty's fees, which I shall forthwith cause the Register to enter in his book, as also your Honour's letters of May 30, with the joyfull news of the glorious progress and success of H.M. armes everywhere, which is very farr advanced since, as I h[ear] by the news from Lisbon directly, and shall as I am commanded use all methods to let the Spaniards in the West Indies know it to advantage, and I believe it will be m[ost] certainly welcome to them. All H.M. shipps from Jamaica and Barbadoes are [gone] down into the great Bay, towards Port-Abell [? Porto Bello] in quest of the French shipps, and I hope carry this good news with them to give it to the Spaniards, and our Privateers in the Indies have been so busy that they have taken 5 of D'ebervill's prizes carryed from Nevis, in which most of their Treasure was, and brought them into several parts. The middle of Sept. 6 French shipps came into South Carolina and demanded the place. Sir Nathaniel Johnson was so ready as upon [their] landing to kill 60, and take 250 prisoners, and one of their shipps, and they are gone off. In these Provinces I have had the French and Indians in 3 small marches upon me this summer of 100 in a troop, who spread themselves like Raparees all over the frontiers, and thereby put me to a greate cost in garrisoning and scouting but have done mee no other harm, and I have o[bliged] the French Governour to restore mee my prisoners the Indians at the first erup[tion] took from mee, and I am in a much more secure posture than in any former warr and the people very easy and satisfied, the contrary to which having as [we are] informed been offered to H.M., I have allowed the military officers of 11 Regiments, the Ministers and principall merchants of the Country to make [their humble] Addresses to H.M., Mr. Phipps, their Agent, will wait upon your Honour with them for direction therein. I have got nothing here since my coming. The allowance the Assembly make is not worth 350l. sterling per annum, but they will do more in peace. I would not have all the hardship and another the profit, but I humbly and absolutely referr myself to H.M. favour, and desire to have it no longer than I shall strictly and successfully do my duty. Soon after the assault and ravage the French made upon St. Christophers, and their distress thereupon, I gave out a Brief for a charitable [colle]ction thro'out this Province, which amounted to about 700l. [wh]ich by the Commissary Generall I layd out in provisions, fish and flesh, and have [sen]t it to the Government of the said Island, in two vessells, one of them is already [arr]ived there, and the other gone, I hope it will be an acceptable service to H.M. to have this Province notwithstanding their trouble and distress to shew their [du]ty to their Nation. I continue humbly to pray that if it be possible these Provinces may [ha]ve the favour to be visited and assisted with a proper strength for the [sub]duing of Canada and Nova Scotia, without which it were better if H.M. [saw] meet that I did accept the truce they have offered mee these two years, not [that] they can do me any great mischief, but that they put mee to an infinite [cost] to guard the frontiers, which would thereby be saved, and they know that tho I have men enough, I cannot ruine Quebeck without 4 or 5 of H.M. [shi]ps and some mortars. Inclosed is the answer of the Judges of H.M. Superior Court of this Province for their refusall of Lawson's appeall v. Serjeant, which I was commanded by H.M. in Council to send home, and I humbly pray your Honor will let be presented, the order of Council was signed by Mr. Musgrave. Signed, J. Dudley. Endorsed, R. Nov. 26, 1706; and Recd. [from Mr. Sec. Hedges] Dec. 3, 1706, Read Feb. 21, 1706/7. Edges torn. 2 pp. [C.O. 5, 864. No. 85; and 5, 912. pp. 228–232.]
Oct. 8.
Boston.
527. Mr. Addington to Wm. Popple. The subscribers of enclosed are Members of Council and principal merchants within this Province, etc. Signed, Isa. Addington. 1 p. Enclosed,
527. i. John Foster and Andrew Belcher to [? Mr. Addington]. H.E. having communicated unto us a clause in a letter from John Colman to the Council of Trade and Plantations, that the owners of the Charles could not obtain a commission from him for her as a privateer, we make bold to observe that we have alwaies perceived a forwardness in H.E. to encourage privateers, and Commissions have been granted to many. At the time of that application, seamen were extreemly scarce and a considerable fleet was then preparing for the West Indies. The merchants seem'd very much concerned that a vessel that carryed a great number of men should be fitted out as a privateer to the obstruction of trade, and ourselves with others pray'd H.E. that they might not then have a Commission. Signed, John Foster, Andrew Belcher. Endorsed, Recd. Nov. 25, 1706, Read Feb. 28, 1706/7 1 p. [C.O. 5, 864. Nos. 145, 146.]
Oct. 8.
Boston.
528. Same to Same. Encloses Acts, Journals of Assembly, and Minutes of Council, etc. Signed, Isa. Addington. Endorsed as preceding. Addressed. 1¾ pp. [C.O. 5, 864. No. 147.]
Oct. 10.529. The Royal African Company to the Council of Trade and Plantations. Having by direction of your Loshps. viewed the Act of Barbadoes for establishing a paper creditt, we are of opinion that ye forceing a paper creditt in this manner will of consequence be very prejuditiall to all merchants traders to said Island, and that unless a circulation had been provided for, that all persons might have money for said paper on demand, it must inevitably occation a discount on said paper-creditt, and consequently in buying and selling of goods ye payments in paper must be considered, and cause a difference in prices betwixt that payment and money, whereby it will be a very great loss to us, the Royall African Company, and to all those who shall be forced to take their present debts in paper, which loss may be more insuportable by reason of the uncertainety of the discharge of said paper at ye expiration of the said Act. The hardships and inconveniencyes put upon ye traders by reason of this forct creditt will doubtless be a very great obstruction and discouragement to ye future trade and navigation to said Island, and doe pray your Ldshps.' intercession to H.M. that ye said Act be timely disannulled. Signed, John Pery, Sec. Endorsed, Recd. Read Oct. 10, 1706. ¾ p. [C.O. 28, 9. No. 55; and 29, 10. pp. 132, 133.]
Oct. 10.
Boston.
530. Mr. Addington to Mr. Popple. Refers to possible appeals of Rouse etc. [see Oct. 8], and encloses copies of his instructions, whereby all trade is plainly restrained, etc. But he managed a trade both with the French and Indians by himself and others etc. Signed, Isa. Addington. Endorsed, Recd. Nov. 25, 1706, Read Feb. 28, 1706/7. Addressed. 1 p. Enclosed,
530. i. Copy of Minutes of Council of the Massachusetts Bay, April 17 and 26, 1706, instructing Capt. Rouse to ransome some English ships at Port Royal. Endorsed as preceding. 3¼ pp. [C.O. 5, 864. Nos. 148, 149; and (without enclosure) 5, 912. pp. 310, 311.]
Oct. 10.
Boston.
531. Governor Dudley to Mr. Popple. This accompanies all the papers from both provinces etc. These provinces I thank god are in good order, well satisfied, better secured then in any former warr. I pray your favour in my affayres. I have lived ever since I came hither in a hurry of warr and trouble with the Indians, while all the other Govermts. are at peace etc. Signed, J. Dudley. Endorsed, Recd. Nov. 25, 1706, Read Feb. 28, 1706/7. Holograph. 1 p. [C.O. 5, 864. No. 140; and 5, 912. pp. 307–309.]
Oct. 10.
Boston.
532. P. Dudley, Attorney and Advocate General of the Massachusetts Bay, to the Council of Trade and Plantations. Encloses following in reply to Mr. Colman's "foolish and groundless aspersion." The sale was public and there was another negro sold at the same time at the same price etc. The Judge never asked above 5 p.c. for the condemnation of that prize etc. Your Lordships had never been troubled with that Gentleman's complaints, but that, contrary to his trust as Receiver, he has for the most part himself bought the prizes that have been imported to this place, etc. Signed, Paul Dudley. Endorsed as preceding. 2½ pp. Enclosed,
532. i. Certificate that a negro boy taken from the pirate John Quelch, was bought by Paul Dudley for 20l., the highest bid at a public sale at William Skinner's, the Swan Tavern, after some days notification in public places. Boston, Oct. 6. 1705. Signed, N. Shannon, Vendue-master. Endorsed, Recd. Nov. 25, 1706. 1 p. [C.O. 5, 864. Nos. 150, 151; and (without enclosure) 5, 912. pp. 312–315.]