America and West Indies
November 1706, 1-15

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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286-307

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'America and West Indies: November 1706, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 23: 1706-1708 (1916), pp. 286-307. URL: http://www.british-history.ac.uk/report.aspx?compid=73731 Date accessed: 24 July 2014.


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November 1706, 1-15

Nov. 1.
Prize Office.
561. Commissioners of Prizes to W. Popple, jr. We think the Instructions [Oct. 30] are very full, only desire this may be added, that whereas the fees for condemning a prize in England is but 12l. 10s., we hope that strict orders may be sent to all the Courts of Admiralty abroad to oblidge them to take noe more for condemning a prize there; and alsoe desire that copys of such Instructions may be sent to all H.M. Governours of her severall plantations abroad with strict orders for the observance thereof, which would much contribute to H.M. service. Signed, Ant. Duncombe, T. Baker, W. Pollexfen, Fleet. Dormer. Endorsed, Recd. Read Nov. 4, 1706. Addressed. 1½ pp. [C.O. 28, 9. No. 60; and 29, 10. pp. 164, 165.]
Nov. 1.
Whitehall.
562. Council of Trade and Plantations to Mr. Secretary Hedges. Enclose following, "intended for such Plantations as are under H.M. immediate Government. Though the Propriety Governments be lyable to the same irregularities, the same restraints cannot be extended to them by reason of the Charters and Priviledges already granted them from the Crown." Autograph signatures. 1¾ pp. Annexed,
562. i. Draught of circular letter to H.M. Governors of Plantations. See Nov. 8. [C.O. 5, 1120, pp. 478–482; and (without enclosure) 5, 3. No. 32.]
Nov. 1.563. Draught of H.M. letter to the Government of Barbados. See Nov. 8. [C.O. 29, 10. pp. 160–162.]
Nov. 2.
Whitehall.
564. W. Popple, jr., to Patrick Mein. The Council of Trade and Plantations desire that you will give them in writing, as soon as possible, a particular account how the Councill of Barbadoes managed the Government of that Island, during the Presidentship of Mr. Bond and Mr. Farmer, as also how they behaved themselves with respect to elections of Assembly-men, during their administration. [C.O. 29, 10. p. 163.]
Nov. 4.
Whitehall.
565. W. Popple, jr., to Mr. Burnaby. The Council of Trade agree to the alteration proposed [No. 561], and return the enclosed list of fees, that it may be signed authentically as soon as may be etc. [C.O. 29, 10. p. 166.]
Nov. 6.
Whitehall.
566. Mr. Secretary Hedges to the Council of Trade and Plantations. H.M. has approved of the circular letters [Nov. 1st and 8th], and it is her pleasure that in the Instructions of all Governors for the future you also make provision against all unusual and extraordinary Laws. Signed, C. Hedges. Endorsed, Recd. Read Nov. 7, 1706. 1 p. [C.O. 28, 9. No. 62; and 29, 10. p. 171.]
Nov. 6.
Whitehall.
567. Same to Same. It is H.M. pleasure that you forthwith inform yourselves, as well as you can, of the present state of Barbadoes, and transmit the same to me to be laid before the Lords of the Committee of Councill on Friday morning. Signed and endorsed as preceding. 1 p. [C.O. 28, 9. No. 66; and 29, 10. p. 173.]
Nov. 6.
New Yorke.
568. Mr. Heathcote to the Council of Trade and Plantations. Encloses duplicate of No. 523. Signed, Caleb Heathcote. Endorsed, Recd. Read Feb. 21, 1706/7. 1 p. [C.O. 5, 1049. No. 26; and 5, 1121. pp. 12, 13.]
Nov. 6.569. G. Willcocks to the Council of Trade and Plantations. Reasons against confirming the Act of Pennsylvania, directing the qualifications of officers etc. [June 17]. (1) Though the major part of the inhabitants are Quakers, it does not follow there will be a failure of justice as pretended in the preamble, there being a sufficient number of others who do not scruple to take and administer oaths. (2) The first clause, as it must be intended to establish Quakerism, so it will destroy the present settlement, ecclesiastical and civil, any persons being here qualified to act in all offices and trusts without taking the oaths of allegiance required by the first of Wm. and Mary, or oaths for the due execution of their offices etc. etc. (3) The clause enacting the form of affirmation, seems not to be wth. sufficient solemnity or propriety, for that it is not an express declaration of the party that he says the truth, but declares in the presence of God the witness of the truth of what he says, which gives too much room for equivocating etc. (4) The clause impowering such who scruple to administer oaths to administer the affirmation instead, even to persons willing to take oaths, may be of ill consequence, since many may esteem themselves more bound by an oath than by such affirmation. (5) The clause enacting that the tender of an oath by one magistrate in the presence of a bench of magistrates shal be esteemed his Act only, and yet as valid as if done by the whole, will extend the power of any one Magistrate too much etc. (6) The penalty for perjury on affirmation as upon oath, will not deter those who think to evade breaking an oath by taking the affirmation. (7) The clause, that the deposition or affirmation of a witness, being taken before a Judge or J.P., after summons of the adverse party, shall be as valid as if they had sworn in a Court, where a witness hath occasion to go out of the Province or is sick, may be very inconvenient not only to the properties but to the lives of the subjects, depriving them of the known benefit of cross-examination etc. Quotes English practice, etc. Signed, Geo. Willcocks. Endorsed, Recd. Read Nov. 6, 1706. 2½ pp. [C.O. 5, 1263. No. 125; and 5, 1291. pp. 420–426.]
Nov. 6.570. H.R.H. the Lord High Admiral's Commission of Vice-Admiralty to Governor Crowe. Countersigned, Richard Crawley. Latin. [C.O. 319, 1. pp. 10–21.]
Nov. 6.
Kensington.
571. Permits for the Elizabeth, Generous Jenny, and Oronoko, bound for Virginia and Maryland, not to await convoys in America. Voyage to be performed within 12 months. Countersigned, C. Hedges. [C.O. 324, 30. pp. 116, 117.]
[Nov. 7.]572. Journal of Assembly of Barbados, Aug. 13, 1706, concerning the passing of an Act of Barbados for ascertaining the continuance of the Assembly, by a majority of 12 to 7. Of the dissentients, John Frere, Henry Pears, William Leslie, Nathaniel Webb, Thomas Maxwell, and Samuel Adams desired that their dissent might be entered upon the Journal of the House, with their reasons, viz. that the Representatives were elected for one year, which was nearly expired, and that they cannot continue themselves for a longer time without infringing on the rights and liberties of H.M. subjects. Endorsed, Recd. (from Mr. Heysham) Read Nov. 7, 1706. Copy. 3 pp. [C.O. 28, 9. No. 63.]
573. Copy of Act of Barbados referred to in preceding. 4 pp. [C.O. 28, 9. No. 64.]
574. Copies of petitions to H.M. and the House of Lords against the above Act. See Nov. 14, Same endorsement. [C.O. 28, 9. No. 65.]
Nov. 7.575. Mr. Mein to the Council of Trade and Plantations. I know not how to give a particular accot. of what their Lordships desire of me, without ye perusal of ye Minutes of ye Council of Barbados, but so far as I can remember, during ye Presidentship of Mr. Bond and Col. Farmer the Governmt. was managed by ye Council, and in ye same method as when there was a Governour, ye Council meeting on Tuesdays every 4 weekes, and ye Assembly at ye same time, ye Council passing or rejecting such Bills as were brought up from ye Assembly. But ye Council met upon other matters very often once a week, especially in war-time, and usually held a Court of Chancery on ye aforesaid monthly Tuesdays, and sometimes by shorter adjournmts., and if there was occasion for it, turn'd themselves into a Court of Errors, The most remarkable difference in ye administration was, yt. ye Council understood ye Governmt. to be devolved upon them in such manner as yt. ye whole authority was lodg'd in them all jointly, and therefore yt. ye eldest member had no superiority or any power apart from them, notwithstanding yt. in H.M. Commission to ye Governor, such person is denominated President, with all ye authorities and preeminencies belonging thereto. And upon this accot., because they could not be allwayes at hand to do what used to be ye particular business of a Governor, as ordinary etc., they by an Act of Council authorised ye President to do in their absence, and dureing their pleasure, but so as when they met in Council, they might notwithstanding have ye hearing of such matters themselves. As to ye election of Assemblymen during that administration, there was an Act of that Island which appointed all writs for electing of them to be directed by ye Governor etc. for ye time being, to one of ye members of ye Council resideing in each Parish, and if none there, and more than one in another Parish, the youngest member of them shoud go to execute ye writ; but if there were not Councillors enough for every Parish, then ye writ was to be directed to ye shoud go to execute ye writ; but if there were not Councillors enough for every Parish, then ye writ was to be directed to ye oldest Justice of ye Peace in that Parish. Dureing ye Presidentship of Mr. Bond and Col. Farmer, ye Council takeing ye Governmt. to be wholly in themselves, judged it improper to have those writs both directed and returnable to themselves, and therefore directed them to ye eldest Justice of ye Peace in each Parish, and ye elections were made and return'd accordingly, without any dispute, while Mr. Bond was President. But in Coll. Farmer's Presidentship, ye Representatives who were so elected and return'd, and after being sworn and allowed of as ye Law required, had chosen their Speaker, they came to acquaint ye President and Council yt. they did not think themselves legally constituted, because ye writts were not directed to ye members of ye Council, as ye Law appointed, which they beleived would make a nullity in their proceedings. But ye Council insisting upon ye legality of it, ye Assembly after much debate gave way, and went upon business. Signed, Pat. Mein. Endorsed, Recd. Read Nov. 7, 1706. Addressed. Holograph. 1 p. [C.O. 28, 9. No. 61; and 29, 10. pp. 167–170.]
Nov. 8.
Bermuda.
576. Lt. Governor Bennett to Mr. Popple. Refers to letter of Sept. 19. In the vessel that carried Capt. Jones went one Mr. Holland, our late Minister, who was likewise bound home, by him I sent my packt. with all matters relateing to Capt. Jones inclosed, but I have an account they came to late for the Fleet, therefore conclude Capt. Jones will make the best of his way to Piscataqua, from whence the mast Fleet does not sail till this month, but Mr. Holland I believe will not goe thither, having his family with him, because their coasters are but smal vessells, soe that in all probability Capt. Jones will be att home before my letters can arrive; and being assured he has exprest himself to have matters of great complaint agt. me, I pray noe hearing may be had till my packt. arrives, or a duplicate thereof which goes via Jamaica. From Carolina I am informed that the French and Spaniards had fitted out five ships from the Havana, and had on board, with some Indians they took in att St. Augusteen, about 1,000 men, with which they made an attempt on Carolina in Augt., where they landed detachments in severall places, but were repulsed by the inhabitants, many of them being killed, and 230 taken prisoners, the rest retreating to their boats with great precipitation and soe to their ships, and all with very little loss on our side, upon which the Carolinans fitted out two sloops, and according to advise stood for a place where one of the enemy's ships lay, and as they were runing on board the French cryed out for quarter, and soe took them without fireing one gun. In this vessel was their Land Generall, and severall other officers with their Field pieces of copper. Refers to enclosures. Capt. Newnam, who is now in goal for his fine, I know is a pentioner to Capt. Jones, he being daily subsisted by one Jennings a victualer, by Capt. Jones his order. The oppertunity that offer'd to send this is by a sloop that touched in here from Anguilla, in her way for England, to take in water. Signed, B. Bennett. As I was makeing up my letters a vessel arrived here from Virginia, the Master whereof acquainted me that the Fleet was sailed from thence before the dispatches arrived from Carolina. I therefore conclude this will be the first advice thereof, etc. I desire their Lordships would examine Capt. Jones on the enclosed affidavit, and if he can make good his charge, I shall most willingly submitt to my Fate; if not I doubt not but their Lordships will consider some way to salve my injured reputation. If my account about Carolina be the first, pray, after the Lords have seen it, lett it be carryed to Mr. Sec. Hedges, to whom I have not time to write. Signed, B. Bennett. Endorsed, Recd. Feb. 1, Read March 14, 1706/7. Holograph. 3 pp. Enclosed,
576. i. Copy of an Act of Bermuda for the further regulating the Courts. Aug. 31, 1706. Endorsed, Recd. Feb. 1, 1706/7. 4 pp.
576. ii. Copy of the trial of Mathew Newnam, Aug. 22, 1706. For calling all the Justices rogues and vilains etc., he was fined 100l., to be released from custody on payment of same and producing a surety in 100l. for good behaviour. Court: Col. Francis Jones, Lt. Col. Wm. Outerbridge, John Dickinson, Capt. George Darrell, Charles Minors, Capt. Daniell Johnson, Thomas Burton, Capt. Richd. Gilbert, Henry Tucker. Grand Jury: Capt. Daniell Keele, Foreman, Daniell Tucker, John Hilton, James Wright, Perient Trott, sr., Joseph Cox, Jeremiah Burges, Samuel Dunscome, Christiphor Pitt, sr., Adaman Eve, Richard Pitt, Wm. Lecroft, John Jennings, Samuel Browne, Daniell Hinson. Petit Jury: Wm. Stroude, Foreman, John Mallorey, Joseph Evans, John Reilly, James Darrell, John Darrell, Richd. Wolrich, Samuel Harvey, jr., Josias Smith, Mathew Witter, Edwin Stone, Benjamin Apowen, Capt. Daniell Johnson, and Peter le Counte gave evidence. Endorsed as preceding. 4 pp.
576. iii. Affidavit of B. Fox, Master of the sloop The Blessing, Nov. 11, 1706. Oct. 23 last Capt. Jones said to him that men dare not be honest jurors for fear of the Governor, etc. Signed, Benja. Fox. Endorsed as preceding. 1 p. [C.O. 37, 7. Nos. 41, 41.i.-iii.; and (without enclosures) 38, 6. pp. 231–233.]
Nov. 8.577. List of fees in the High Court of Admiralty for the condemnation of prizes. Signed, Richd. Crawley, Regr. Endorsed, Recd. Read Nov. 12, 1706. ¾ p. [C.O. 28, 9. No. 73; and 29, 10. pp. 198, 199.]
Nov. 8.578. William Heysham and other Barbados Merchants to the Council of Trade and Plantations. Wee render to H.M. our most humble and sincere thanks for her great goodness, extended to the Planters, Merchants, and other Inhabitants belonging and tradeing to her distressed Island of Barbadoes, in her repealing that pernicious and fatall Act of Assembly relateing to paper money; and for her gracious favour in appointing a person of such great worth and experience as Mitford Crow, Esq., is, to be Governour. And in obedience to what your Lordships were pleased yesterday to communicate to us, in relation to the giving our sentiments what will be the most effectuall meanes to heale and reconcile the animosities and compose the differences that have of late happened in that Island, propose (i.) that no person be a Member of Councill there who has been either a contriver, promoter or encourager of such differences, either by voting for the Paper Act or Trienniall Bill, or is considerably in debt; (ii.) that with all convenient speed, H.M. would give her commands for the dissolution of this present Assembly, and for the speedy calling an annuall Generall Assembly, and that the inhabitants may be protected in the ffreedom of their choice, according to their antient constitutions; to which purpose Petitions are sent over to H.M. from under the hands of many hundreds of the most substantiall ffreeholders of that Island; (iii.) that, in case there be any failure in the payments of the Bills raised upon the ffunds of the Paper Act, your Lordships represent to H.M. that she would give her royal Instructions to the next Assembly, for the raising a proper ffund to supply such deficiencys, and (iv.) that as soon as H.M. service will permit, the Governour may imbark for that Island. Signed, Robt. and William Heysham, Guy Ball, E. Chilton, and 43 others. Endorsed, Recd. Read Nov. 8, 1706. 1 large p. [C.O. 28, 9. No. 67; and 29, 10. pp. 174–176.]
Nov. 8.579. List of persons proposed to be of the Council of Barbados: Geo. Lillington, Wm. Wheeller, Jno. Hallett, Tho. Allen, Jno. Frere, Jno. Maxwell, Jno. Pillgrim, Tob. Frere, Wm. Cole, Richd. Downs, Jno. Adams, Benj. Hawkins, Richd Worsham.
The following Councillors were for passing the Paper and Triennial Acts:—Wm. Cleeland, Wm. Sharpe, Saml. Cox, Jno. Mills, Alex. Walker, [Middelton] Chamberlin, Tho. Merricke. Endorsed, Recd. from Mr. Heysham, Read Nov. 8, 1706. 1 p. [C.O. 28, 9. No. 68; and 29, 10. p. 177.]
Nov. 8.580. Mr. Bridges to W. Popple. Encloses following. Signed, Wm. Bridges. Endorsed, Recd. Read Nov. 8, 1706. Addressed. 1 p. Enclosed,
580. i. Mr. Bromely and other Gentlemen of estates in Barbados to the Council of Trade and Plantations. [See Journal of C. of T.] Propose (i.) no immediate alteration in the Council or Assembly; (ii.) the immediate sending over of the Governor or appointment of a Lieut. Governor, by whom the Assembly may be adjourned or dissolved; (iii.) that, as there is not silver sufficient to negotiate the trade of the Island, sugar should be made use of instead, as it was about 35 years ago; (iv.) that a regiment of Foot be forthwith sent thither and a convoy twice a year; (v.) that one of H.M. ships may be appointed on purpose for protecting a trade from the Island to the Spanish Indias, which would be a means to resupply the Island with silver in time; (vi.) that the duty of 4½ p.c. arising in the Island be applied towards the finishing the fortifications begun under Col. Lilly. 3¼ pp. [C.O. 28, 9. Nos. 69, 69.i.; and 29, 10. pp. 178–182.]
Nov. 8.
Whitehall.
581. Council of Trade and Plantations to Mr. Sec. Hedges. In reply to Nov. 6. Upon the coming away of Sir B. Granville (who is since dead), and until the arrival of another Governor, the Government of [Barbados] is vested in the Council, wherein the first Counsellor does preside. And having informed ourselves from the most eminent merchants and persons of estate concerned in Barbados, we do understand from them, and from other advices received from thence, that ye Island att the coming away of the Packett and Fleet, was in the greatest confusion, occasioned chiefly by the late Act for Paper Money, and an other Act lately passed for continuing the same Assembly for three years, which has divided the Island into Parties and open animosities; and altho the said Merchants and others attending us do appear in many points to disagree, yet we find them unanimously of opinion that nothing can more tend to the allaying these Divisions, than that a Governor in Chief receive H.M. Orders forthwith to repair to that Government, and being unconcerned in those Heats may by the Authority of his Presence and his impartial Administration of Justice be able to redress the Disorders and abuses under which that Island labours at present, and to provide against the dangers to which it is exposed during this time of war, and they earnestly desire his dispatch accordingly, wherewith we do concurr. And we are likewise of opinion that the Governor upon his arrival dissolve the present Assembly and call another in order to an impartial administration, as proposed. And whereas it has been represented to us by several of the aforesaid merchants that some of the present Counsellors have been engaged in the ill practices that have occasion'd these distractions; that they are incumbered with Law-suits and debts and unfit for the discharge of that Trust, We are further of opinion that it will be for H.M. service that there be a reform made in the Council. And whereas we have just now received divers papers relating to the particular characters of these Counsellors, and of others proposed as fittest to supply their places, together with other particulars relating to the State of the Island, We are examining the same for H.M. further information. Autograph signatures. Endorsed, R. 8. 3 pp. [C.O. 28, 38. No. 53; and 29, 10. pp. 182–184.]
Nov. 8.
The Court at Kensington.
582. The Queen to the Governor of Barbados. Whereas a Law has lately passed in our Island of Barbadoes, to supply the want of cash, etc., which has been represented to us as hurtfull to trade, injurious to creditors, prejudicial to our revenue, and the safety of that our Island, Wee have thought fitt to disallow and repeal the same: And it appearing to us that the said Act has from the time of passing thereof been put in execution to the great prejudice of our subjects, Wee do hereby will and require you or the Commander in Chief of our Island of Barbadoes for the time being, not to pass any Law or Act of Assembly for the future of an unusuall and extraordinary nature and importance, wherein our prerogative or property of our subjects may be prejudiced, without having either first transmitted unto us the draught of any such Bill or Act, and our having signifyed our Royall Pleasure therein, or that you do take care in the passing of any Act of an extraordinary nature, that there be a clause inserted therein, suspending and deferring the execution of such Act, untill our pleasure be known therein, that our prerogative may not suffer, and that our subjects may not have reason to complain of hardships put upon them by any such Act, as on the present occasion. And whereas the foresaid Act will have drawn upon our said Island great inconveniencies in the course of trade, and in reference to debts, Wee do further direct and injoyn you to move our Councill and Assembly to be forthwith convened by you upon the receipt hereof, that they take all possible care and make the best provision they can, that any of our subjects who have already been obliged to receive such bills as are appointed to be currant by the said Act, and that the persons to whom any debts were owing, and who have been obliged by the said Act to part with their legall securityes for such bills be not sufferers thereby, but be restored, as far as may be, by some new Law, to the same state they were in before the passing of the said Act, which wee judge absolutely necessary for our service, and the good of our said Island. Countersigned, C. Hedges. [C.O. 324, 30. pp. 111–113.]
Nov. 8.
The Court at Kensington.
583. The Queen to the Governor of New Hampshire. Whereas a representation has been humbly made unto us by our Commissioners for Trade and Plantations upon an Act lately passed in our Island of Barbadoes, to supply the want of cash etc., which being very prejudicial to our subjects in the course of their trade, as forcing them to receive bills instead of money in satisfaction of all debts and contracts whatsoever, wee have thought fit to disallow and repeal the same; and taking notice of severall ill consequences of passing Bills of an unusual and extraordinary nature and importance in our Plantations, which Bills remain in force there from the time of enacting until our pleasure be signifyed to the contrary, wee do hereby will and require you not to pass or give your consent hereafter to any Bill or Bills in the Assembly of our Province of New Hampshire under your Government of unusual and extraordinary nature and importance wherein our prerogative or property of our subjects may be prejudiced without having either first transmitted unto us the draught of such a Bill or Bills and our having signifyed our royal pleasure thereupon, or that you take care in the passing of any Act of an unusual and extraordinary nature that there be a clause inserted therein suspending and deferring the execution thereof untill our pleasure be known concerning the said Act, to ye end our prerogative may not suffer, and that our subjects may not have reason to complain of hardships put upon them on the like occasions. Countersigned, C. Hedges. The like letter was sent at the same time to the Governours of New-Yorke, New Jersey, Jamaica, Maryland, Virginia, Massachusetts Bay, Bermuda, and the Leeward Islands. [C.O. 324, 30. pp. 113–115.]
Nov. 8.
Virga. Williamsburg.
584. Mr. Jenings to the Council of Trade and Plantations. Recommended by the Board for suitable reward for his services, petitioner was granted by the Council, April 20, 1706, priority to enter for a tract of land in King William's County, the granting of a patent being deferred till the lands in that county should be laid open. June 20, 1706, the Governor and Council allowed him to make entry for 4,000 acres of land in that County for his services as Secretary, in issuing commissions, etc., the Assembly having twice voted that he ought to be paid out of H.M. Revenue. Prays that a patent may issue, in spite of the recent stop put to patenting lands. Signed, E. Jenings. Endorsed, Recd. (from Mr. Corbett) Read March 25, 1707. 1½ pp. Enclosed,
584. i., ii. Copies of Minutes of Council of Virginia, April 20, June 20, 1706, referred to in preceding. 2 pp. [C.O. 5, 1315. Nos. 45, 45.i.; and (without enclosure) 5, 1362. pp. 109, 110.]
Nov. 8.
Virga. Williamsburgh.
585. Mr. Jenings to the Council of Trade and Plantations. My last was of Oct. 14, by a ship bound for Bristol, since which all the Council except Coll. Custis detained by sickness attended and passed the business of the Genll. Court, and in a joynt letter now sent by Mr. Wm. Robinson, have acquainted your Lordships with what has lately occurred, and particularly from South Carolina, which account if not sooner with your Lordships may not be ungrateful, tho' the measures taken by that Proprietor Governmt. for the disposal of the prisoners is not pleaseing here; nor the late pretentions made by ye Governmt. of North Carolina to land as wee presume within this Governmt.; and likewise of the Proprietors of the Northern Neck to a neck of land between the South and North sides of Rappahanock River. If these pretended bounds are found or allowed to bee the Proprietors on each side cutts off many thousands of acres ever reputed to belong to Virga., the Bounds between Virga. and Carolina being never run, and ye Blackwater land restrained by this Governmt., has incouraged the inhabitants to take up and patent land under the shelter of the Proprietors' Grant. The Council's Proceedings your Lordships will receive, and we hope to have your perticular commands therein. Coll. John Smith in obedience to H.M. commands took the oaths and reinstated in his place of Counsellor, etc. The Country is very easy and dayly appearance of good and resolved inclinations to forgett all misunderstands, wch. on all occasions I do indeavour to promote, etc. P.S.—Mr. Robinson having a better state of health of late, has delayed his voyage for some time. Signed, E. Jenings. Endorsed, Recd. Jan. 20, Read Feb. 7, 1706/7. Holograph. 2¼ pp. [C.O. 5, 1315. No. 40; and 5, 1362. pp. 97–99.]
Nov. 8.
Whitehall.
586. Mr. St. John to the Council of Trade and Plantations. H.M. having ordered Col. Lillington's Regiment to be sent from Ireland to the Leeward Islands, to relieve the detachment of Col. Whetham's Regiment remaining in those parts, and it having been represented to the Prince as well by the officers who have been there as by those now going, that the Act of Assembly for quartering of the officers and soldiers in those parts has not been made for any time heretofore for a longer term than three months, whereby great inconveniency has arisen, the soldiers having been upon such expiration put out of quarters till a new Act has been obtained, H.R.H. has therefore directed me to lay this matter before your Lordships in order to your taking such measures therein as shall appear to you to be for the advantage of H.M. service and the relief of the officers and soldiers employed in those Islands. Signed, H. St. John. Endorsed, Recd. Read Nov. 12, 1706. 1 p. [C.O. 152, 6. No. 64; and 153, 9. pp. 406, 407.]
Nov. 11.
Whitehall.
587. Mr. Secretary Hedges to the Council of Trade and Plantations. Encloses H.M. circular letters [Nov. 8], to be forwarded to the Governours of Her Plantations in America. Signed, C. Hedges. Endorsed, Recd. Read Nov. 12, 1706. 1 p. [C.O. 28, 9. No. 72; and 29, 10. p. 196; and 324, 30. p. 115.]
Nov. 11.
Falkland, Plymouth Sound.
588. Capt. Underdown to the Council of Trade and Plantations. Encloses following. In answer to yours of April 5, 1706, soon after my arrival at St. Johns, I ordered those from whom there was any fish due to pay it unto Mr. Jackson's order, which they all refused to do and gave me their reasons (below). Signed, Jno. Underdown. Endorsed, Recd. 16th, Read 25th Nov., 1706. Addressed. 1 p. Enclosed,
588. i. Reply to Heads of Enquiry relating to the Trade and Fishery of Newfoundland. [See March 19.] (1) These heads coming to my hands but at Plymouth, just before we sayled, and not knowing shou'd be Commodore, cou'd not provide Acts of Parliament to be distributed among the inhabitants. (2) Though my time was short, used all the dilligence to make what possible enquiries cou'd, which are hereafter mentioned. (3) According to the account I have had from the several harbours etc., there do remain in the winter 181 planters, 1,180 men servants, 215 women and 421 children, which is not above ⅓ of what have formerly inhabited there; their trade and manner of living is wholly by fishing, having no husbandry nor tillage nor any cattle but what are brought thither from New England every year; they catch their fish with lines and hooks in shallops for the most part, being 3 men to a boat, but som have lesser boats; their employment in the summer is wholly about their fish, and in winter in fetching of wood and building their boats against the spring. (4) It is yearly practised both by the fishing ships and inhabitants to rind the trees for covering of their stages, cook rooms and dwelling houses, but something more than the Act of Parliament allows of. (5) A great many stages and rooms in St. Johns belonging to fishing ships are now engrossed and in the hands of private persons; I made what progress I could in discovering the same whilst there, but several of the antient Masters of ships who were well acquainted with the said harbour being absent, I could not trace out the truth thereof, for they are every day selling the sd. stages and rooms from one to another, and so seem to produce a good title, having purchased the same tho of those who had no right to sell, and this abuse requires an early and strickt inquiry into. (6) I have not heard any complaint of this kind from any, further than what is said in preceding. (7) The fishing-ships etc. do carry their due proportion of Fresh men or Green men, and what men the inhabitants keep are all of them generrally such, but few produce certificates of their having such Fresh or Green men. (8) I do not find any misdemeaner of this kind has been comitted this year. (9) I do not find that anything has been done in this particular, contrary to the direction of the Act. (10) I do not find that the ships frequenting Newfoundland do, dureing their stay there, or at their departure, commit any spoil upon the stages, cook rooms etc., but that the inhabitants are guilty of the breach of this head in a very high degree, pulling downe and destroying all or most of the stages, flakes etc. in the winter for firewood, so that in the spring their is left standing (as I am informed by all the Masters of ships there) hardly one whole stage etc., as it was particularly this spring, and the fishing-ships being oblidged to rebuild such stages, flakes etc., much to their hindrance and loss of time, and is one of the greatest abuses, annoyance and detriment to the fishery, and from wch. there is no power there to restrain the inhabitants in the winter. (11) I find no abuse nor any complaint relating to this head. (12) The Admirals, Vice Admirals etc. of harbours are very deficient in putting in execution the rules and orders of the Act, and few or none of them keep any journal or account of the number of ships, boats, etc., except when cal'd upon to give in the said accounts to the Comadore for the time being. (13) The Admirals of the harbours do determine such differences as are brought before them, and the parties when agrieved by their determination do appeal to the Commanders of H.M. ships of warr, for a final determination, and both sides submit thereunto; but I do find that the Admirals (being tradeing men) are very partial in the complaints coming before them where their interrist is any where concerned, and the partys agreived by their determination do suffer much for want of timely redress in appealing to the Commanders of H.M. ships of warr, they comeing late into the countrey. (14) I do not find that any abuse of this kind has been committed this year, except in the Harbour of St. Johns, where one John Templeman, Commander of the Dolphin of Bristol, and Admiral of the said harbour this year, did in July throw into the said harbour a great deale of ballast, and that a great many ships afterwards did the like. Affidavits by Capt. Peardon and Capt. Arthur Holdsworth, that there has been more ballast thrown into the said harbour this year than in any year since they have known it. I could not make any further enquirey into it, Templeman being sail'd before I got into the countrey. (15) The Lord's Day is observ'd, as to their forbearing to fish, but the fishermen and seamen do particularly upon this day haunt the Publick Houses which were always open to them, which though my stay was short, I in some measure put a stop to. (16) None that I can hear of. (17 and 18) I do not find that there is any abuse of this kind, the interrest as well of the inhabitants as the boat-keepers and fishing ships oblidging them to the well cureing and ordering their fish for the better saile thereof. (19) No breach nor complaints of this that I find. (20) The produce of the country is inconsiderable, and the late and frequent incursions of the French have almost ruined the furr trade, the little of that kind now remaining being carried on by the people of Bonavist, who go 40 leagues and upwards to the Northward upon the furring designe. (21) The inhabitants have their provisions and cloathing from Old England, Ireland and New England, their provisions mostly from New England, their salt from Portugal, nets and other fishing tackle from Old England and Ireland. (22) I do not find that any wine and brandy is brought thither from New England, but vast quantities of rum, with which the fishermen do debauch themselves, they buying it of their masters the planters at excessive rates, especially in the winter, in so much that servants who have 20l. or 24l. a year do commonly run out the same in liquors, so that at the year's end, they shall not only have no wages due, but be indebted to their masters, and forced to hire themselves again. (23) None that I can find, besides what comes from Portugal, all ships coming from thence bringing thither generally wine, brandy, oyl, linnen, cloath and salt, in great quantitys. There was one Spanish ship there this year with the Queen's pass, the Master's name is Juan Baptista de Scarra, the ship's name Marianna of Bilboa, and came laden with wine, salt, brandy and iron, and returned laden with fish for the said place. (24) Part of the said wines is dispos'd and sold to the fishermen, seamen and inhabitants there, and a great part carryed to New England, and I do find it a general complaint amongst the fishers that such great quantities of salt are yearly carry'd thence to New England that, should not an early supply of salt come in the spring, t'would be of very ill consequence to the fishery. (25) There is rum, molosses and tobacco brought their from the West Indies and New England in great quantitys, but I do not find that any other commodities are brought there from the Plantations, nor transported thence to Foreign parts, but I am of opinion that the quantity of tobacco imported there is too great for the expence of the countrey. (26) The number of boats employed by them is 232, and the men employed about the boats and cureing the fish is 1,180, besides the planters, as aforesaid; they have taken this year 72,920 quintals of dry fish, the charge of catching and cureing the same is much alike both to the inhabitants and those coming from England, and their rates the same. (27) The number of fishing ships in the country this year is 46, their boats employed by them 136, their burthen from 60 to 300 tunns, and mann'd from 12 to 30 hands, there has been caught by them this year 33,350 quintals of dry fish; their manner of catching is the same as with the inhabitants, the charge of catching and cureing of their fish is as followeth; the charge of one boat with masts, sails and fishing tackle, 6 men's wages and victuals, and all other charges (salt excepted) is 176l.; one hhd. of salt will cure 10 quintals of fish, the price of the salt is from one quintall to two a hhd. (28) Fish has been this year generally sold at 15s. per quintall, and oyle at 14l. per tun, and the fish is carryed to Leghorn, Portugal, and all parts of Spain we have commerce with, and the refuse fish which is always sold at half price to the West Indias, and some merchantable and refuse to New England, and the oyle for England. (29) 25 saile have taken sailing orders and are bound for Spain and Portugal and 12 ships that have saild without convoy, some of them for Leghorn. (30) I do not find that any men are encourag'd to stay behind by the Masters of ships, but some do of their owne accord leave there ships and stay there yearly, and particularly last year 30; the inhabitants giving them great incouragement to stay, and this year the Masters of ships made great complaint to me of the want of men. (31) I do not find that the inhabitants of New England do now fish upon the Newfoundland coast. As to the Fishery on their own coast, I can get no true accot. of it. (32) The French about Placentia have great plenty of furrs, but are not so industrious in catching them, the management of their fishery at Placentia and neighbouring harbours of St. Mary's, St. Peter's etc. is carryed on by fishing ships, sack-ships, by-boats and planters, as ours is, the number of the ships at Placentia when I came from Newfoundland was betwixt 40 and 50, 36 of which were fishing-ships and had for convoy a man of warr of 36 guns, the manner of their fishing is much the same as ours, only they bring their fishing boats with them from France, haveing each boat in three parts, for the more convenient stowing them, but to the Norward of Bonavist they have severall good harbours, where a great many ships from 14 to 46 guns and generally from 60 to 150 men, catch and cure their owne fish, no planters resideing there in the winter, the number of ships thereabouts 30. This account I had from a Master taken by the French to the Norward, and who made his escape from them this summer. (33) The number of inhabitants at Great and Little Placentia resideing last winter was not fully 300, and as for the other places thereabouts I could get no information, they follow no manner of husbandry nor planting, but their whole dependance is upon what is brought from Europe. (34) They are of no other use (that I can find) than the catching of fish early in the year, and the inhabitants in the winter for want of other employ do busy themselves in molesting the English inhabitants, but now seem to be weary of it, having met with severall repulses last winter. (35) I cannot get any true account of the quantity of Fish taken by them, nor at what price they sell, but am credibly informed that their charge in catching and cureing of fish is less than ours, the men's wages being less and their living harder than the English. (36) They come earlier to the Fishery than the English, and depart sooner, and consequently get sooner to their markets, France, Spain, Leghorn. (37) The French fishing trade doth to all appearance yearly encrease, but in what proportion I cannot give account, nor the cause thereof other than the decrease of the English trade. (38) I do not find that they have any places of strength except at Placentia, where they have two Forts, one at the entrance of the harbour close by the water, of 36 guns, another on the top of the hill, of 15 guns, 7 of which were mounted this summer. They have there 3 Companys of foot-soldiers, of 50 in a Company, they have there ammunition and victuals yearly in store ships from France, their victuals some times from Canada. (39) By reducing of Placentia. (40) None that I can hear of. (41) A great number of French ships yearly fish upon the Banks, man'd from 18 to 30 men, but of small force. (42) No other besides French and a few Biscaigners. Signed, Jon. Underdown. Endorsed as preceding. 37½ pp.
588. ii. Answer to the additional Instructions. The inhabitants in general rind the trees as far Norward as Carbinere, and Southward as far as Ferryland, for the use of their stages, store-houses, cook-rooms etc., and I conceive the chiefe reason thereof is their not having timber large enough to make boards of. The Admirals and Masters of ships have been guilty of the breach of the Act in severall particulars, as in preceding. The vessels from New England do early in the spring and at other times, supply the inhabitants with pork, bread, flower (live sheep, cows, etc. which they have from no other place, and is of great service to them). The New England traders comeing and going all ye season, and I am inform'd they used to carry men away with them, and some of them remain in the countrey after the convoy sayled, though there was none this year, and as for their carrying men out of the country that came not with them, I gave the Mas[ters] of ye vessells their oaths, and took bond that they [did not], which I conceive put a stop to that abuse this year. The Masters of ships do generally leave men behind as some have done this year, [but] 'tis of the men's own free will, out of lucre of the large wages given them by the Inhabitants. Europian commodities are very frequently brought from Portugall, as salt, wine, oyle, brandy (and linnen cloath) in great quantitys, but I could not learn (my time being short) that they were truckt away to the New England traders for sugar, tobacco, or any other enumerated commodities, though have been informed that such abuses have been formerly commited. And as to the illegiall proceedings in the trade to Newfoundland I took due care to inspect into. But there being no clause in the Act to redress those abuses of the trade from Portugall, Spain, etc., I humbly conceive that an officers to reside their impowr'd to inspect into those abuses (and likewise to keep a register of all stages, cook-room, warehouses, etc.) would be a means to prevent that and others. Signed and endorsed as preceding. 1½ pp.
588. iii. Account of the inhabitants, boats and fishery of Newfoundland, 1706. Abstract of preceding, with details of each place. Inhabitants, total:—181. Men servants 1,180, women 215, children 421. Signed and endorsed as preceding. 1 p.
588. iv. Affidavit of John Davis, Commander of the Henry of Exon., that Dr. Jackson, minister at St. Johns, drank to the confusion and damnation of Capt. Michael Richards, and became intoxicated, etc. 1 p.
588. v. Inhabitants of St. Johns to Commodore Underdown. Their reasons for not paying Mr. Jackson his allowance of fish. Give instances of his coarse and cruel behaviour. He has always sowed discord amongst the inhabitants and goaded the soldiers to mutiny etc. Signed, Richard Colsworthy, John Collin, Thomas Gruchy, Jno. Cock (mark), Tho. Hawkins, Christopher Archer, William Robarts, Guilbard Jan. (mark). Endorsed, Recd. 16th, Read 25th Nov., 1706. Addressed. 2 pp. [C.O. 194, 3. Nos. 169, 169.i.–v.; and (without enclosures) 195, 4. pp. 296–328.]
[Nov. 11.]589. Address of the Council and Assembly of Barbados to the Council of Trade and Plantations. As wee are sensible of the great trust reposed in your Lordships by H.M. Commission as Guardians of the Trade and Plantations of England, so wee in particular express our acknowledgement of your Lordships' great care in interposeing your Counsel to H.M. on many late occasions for the peace and good Government of this place, and being acquainted by our Agents (who we hope will be always admitted to your Lordships) that your Lordships have shewn great inclinations to promote anything that might be proposed for the good Government of H.M. subjects here and encouragement of the Trade of this place, wee do therefore acquaint your Lordships that H.E. Sir B. Granville, has at our request promised upon his arrivall in England to make propper applications for severall indispensibly necessary expedients to be laid before H.M., the Parliament and your Lordships for the wellfare and preservation of this place, as, the 4½ p.c. and regular troops [see Nov. 19]. And likewise for the continueing of 3 shipps to guard our coasts, and two convoys a year for our trade, and then for easing the duty upon white sugars. And H.E. being fully apprized of all these matters, and also of the miserable and low condition of the inhabitants, and of the necessity of speedy care to prevent their utter destruction, we hope your Lordships will give a chearfull assistance in representing to H.M. or the Parliament as ye case may require ye reasonableness and necessity of granting our Petitions. Signed, Wm. Sharpe, Saml. Cox. Wm. Cleland, John Milles, James Colleton, Middleton Chamberlen, Alexander Walker. Tho. Alleyne, Speaker, John Holder, George Peerse, Thomas Sandiford, Paul Lyte, Reynd. Alleyne, Benja. Bullard, Sim. Lambert, Elisha Holder, Tho. Prideaux, Richd. Sandiford, Robert Waite. Endorsed, Recd. Read Nov. 11, 1706. 1 large p. [C.O. 28, 9. No. 70; and 29, 10. pp. 185–188.]
Nov. 12.
Whitehall.
590. Council of Trade and Plantations to the President and Council of Barbados. Enclose H.M. repeal of the Act to supply the want of cash, etc. It will be your duty to take care that it be immediatly published and made known to all whom it may concern. And the same being accompanied by H.M. letter [Nov. 8], it is withall incumbent upon you to do all that in you lyes that H.M. Royall intentions therein meet with a dutyfull compliance, and we expect an accot. thereof from you by the first oppertunity. [C.O. 29, 10. pp. 197, 198.]
Nov. 12.
Whitehall.
591. Mr. Secretary Hedges to Governor Parke. I have received your letters of Aug. 28 and 29; the Addresse which was enclosed in the latter has been presented to H.M., who was pleased to receive it very graciously. You have already heard how H.M. has taken care to supply most of your wants by ordering ordnance stores from the Tower, and 300 men to be sent to you with all possible diligence, and that, in the meantime, Sir John Jennings, who is to touch at your Islands with a squadron, has directions to leave with you all things that you have necessity for, and he can spare from the ships, and finding now by your letter and the representation of some merchants here, that you were in great want of small arms, she has ordered 500 to be sent to Nevis and St. Christophers, and care will be taken that they shall be as good as can be had. As to your design on Martinico, it is thought impracticable in the manner and time you mention, if it were possible at this juncture to find the troops and ships requisite for such an undertaking, but H.M. would not have you discouraged, and hopes she shall find an opportunity to retaliate on the French Islands the violences the enemy have committed at Nevis and St. Christophers, and I wish you may have the honor of having a good share in such an expedition, but as to your project upon Porto Rico there are many reasons against giving any sort of attention to it, and I need not enter into them, but rather remind you of what you have in direction already for using your utmost endeavours to perswade and encourage the People under your care to resettle, and never to give them the least hopes of any assistance in removing themselves and their effects to any other place, your Island being the key to all the rest of H.M. Plantations, as you are sensible of, and have truely hinted in your letter the great importance and usefulness they are of to H.M., you have no reason to believe but H.M. will support their re-establishment, and you need not be in pain about making good the contract with Monsr. Iberville for Negroes which you take notice of. I have already acquainted you that H.M. is taking measures to free and indemnify her people from so unreasonable a capitulation, which was extorted by him contrary to the Laws of War and consented to by force by a few Persons who had no right to make it, and after all the articles of it were barbarously violated by Iberville himself. It has been formerly reported that severall of the inhabitants, and particularly the officers have pretended to claim the goods and utensils of others by vertue of a grant from Iberville. You are to make strict enquiry of all such gross abuses and unwarrantable practises, and by your own authority cause restitution to be made to the proper owners by such pretenders, if you found any such that could be guilty of so much villany, and you are to give a particular account of all such persons that they may be further dealt with according to their demerits, and punish't with such marks of H.M. displeasure as she shall think proper in such case. H.M. has received one complaint of this kind which I send you, that you may examine into it, and certify how you find it, and if it be true that is in the meantime you give to the complainant all the relief that is in your power. As to your own particular affairs, I shall be glad of any opportunity to serve you in them, and will acquaint the Duke of Marlborough with your request as soon as he returns, which is every day expected. Mr. Finch who was Secretary of the Leeward Islands being dead, H.M. has been pleased, upon my nomination, to bestow that employment upon a person who not being able to go over at present, and this being so lately done that there is not time to appoint a Deputy, I must desire you to direct the person or persons who acted in that capacity for Mr. Finch to continue to do so, keeping an account of the business til further order; if they discharge their trust to satisfaction, they may be continued, and will be no losers by Mr. Finch's death. My last gave you an account of the great victory obtained by the Duke of Savoy and Prince Eugene over the French army in Italy commanded by the Duke of Orleans. You will see in the newspapers sent you from the office the improvements that have been made of this advantage in the reducing of the City and Dutchy of Milan; the few places which are yet in the enemy's hands being given for lost by the French themselves, who have found it impossible to putt their army into a condition to return into Piemont. The glorious campain in the Netherlands concluded with the taking of Aeth, and his Grace the Duke of Marlborough is now daily expected home, having concerted matters at the Hague in order to the carrying on of the war next year more vigorously, if possible, than has yet been done. The latter end of the campain in Spain has not been so successfull as the beginning, but a fleet and a considerable body of troops being now sent thither, such measures are taken as will retrieve all; of which I hope to send you an account in my next. Signed, C. Hedges. P.S.—You will receive by this post a letter from H.M. against your passing any Laws of an extraordinary nature without her approbation being first had. [C.O. 324, 30. pp. 117–120.]
Nov. 12.
Whitehall.
592. Mr. Secretary Hedges to Governor Handasyd. I have received the favour of yours of Sept. 13 with the papers enclosed. Care is taken to send some of H.M. ships to meet the fleet coming home, and I am glad to find the trade with the Spanish Plantations increased, and that the merchant men from your parts bring so good a return. We have an account from Lisbon of Sir John Jenning's being sailed thence with a squadron of H.M. ships bound for the West Indies, who will probably be with you before these letters come to hand. I am sorry I can't tell you that the latter end of the campain in Spain has been so successfull as the beginning; but there is a very good fleet and a strong body of land forces sent to Spain, and such measures are taken as I hope will soon retrieve all. My last gave you an account etc., as in preceding. Signed, C. Hedges. P.S.—As preceding.
The like circular of news as to Collonel Parke, together with the postscript was sent to the Governors of New York, New England, Maryland, Virginia, Barbadoes. [C.O. 324, 30. pp. 120, 121.]
Nov. 12.
Whitehal.
593. Council of Trade and Plantations to Governor Handasyd. We have received your letter of Sept. 16, and are well satisfied to find you have put the Island in such a good posture that you are not in any present apprehension of the enemy. And whereas you have recommended to us that the Regiment be recruited with 150 men more which are wanted, we have laid the same before H.M. We are glad to understand the Assembly are like to proceed well, and do not doubt of your contributing thereunto in the best manner. As to the woollen manufactures, which you say are much wanted in those parts, the merchants have been apprised thereof, and we do not doubt but a further provision will be sent. P.S.—We enclose H.M. letter relating to the passing of laws of an extraordinary nature etc. [Nov. 8]. [C.O. 138, 12. pp. 37, 38.]
Nov. 12.
Whitehall.
594. Council of Trade and Plantations to Governor Parke. Acknowledge letter of Aug. 28. We do approve your diligence in the drawing out the troops, and in your watchfulness against the Enemy. We have laid the several particulars desired in your letter before H.M., and are expecting her Royal Pleasure therein; In the meantime we do not doubt of your care in the preservation of H.M. Islands under your Government. Same postscript as preceding. [C.O. 153, 9. pp. 407, 408.]
Nov. 12.
Whitehall.
595. Council of Trade and Plantations to Governor Parke. Enclose copy of Mr. St. John's letter, Nov. 8. We judge it highly for H.M. service that you use your utmost endeavour at the first meeting of the respective Assemblies to procure the prolonging of such term during the continuance of H.M. Forces in the Leeward Islands, not doubting of your due care in the matter, which is absolutely necessary for the safety of those H.M. Islands under your Government. [C.O. 153, 9. pp. 409, 410.]
Nov. 13.
Whitehall.
596. Council of Trade and Plantations to Henry St. John. Communicate contents of preceding. [C.O. 153, 9. pp. 410, 411.]
Nov. 13.
Whitehall.
597. Council of Trade and Plantations to Mr. Secretary Hedges. Enclose Governor Handasyd's request for recruits and for a squadron to meet the Jamaica fleet; also Governor Parke's request for 50 great guns and stores, and muskets: the number tho not named by him we judge by the best information we can get may be 500. As to the rest we cannot but take notice the stile of the letter is very extraordinary. Autograph signatures. Endorsed, R. 13. 2 pp. Enclosed,
597. i. Extract of letter from Governor Handasyd, Sept. 16. 1 p.
597. ii. Copy of Governor Parke's letter, Aug. 28. 4¾ pp. [C.O. 137, 45. Nos. 85, 85.i., ii.; and (without enclosures) 138, 12. pp. 39, 40.]
Nov. 14.
St. James's.
598. Order of Queen in Council. Referring following to the Council of Trade and Plantations for their report. Signed, John Povey. 1 p. Enclosed,
598. i. Petitions of Merchants and Planters, belonging and trading to Barbados, to the Queen. A Bill being past the Councill for altering an antient Law appointing a free annual election of a Generall Assembly, and for continuing the present Assembly for 2 years longer, and the same being sent down to the Assembly for their concurrence, great numbers of your Majestie's most loyal and faithfull subjects did in humble manner exhibit their Petition to H.E. Sir B. Granville, praying that he would not give his assent to the passing any new Law that might repeal or dispence with the said antient Law, and at the same time did exhibit several other Petitions to the Assembly, praying that they would not pass any Bill to that purpose. Notwithstanding which, the said Bill was passed into a Law by the Government there, the same day the said Petitions were presented to them, as by several Petitions from under the hands of many hundreds of the most considerable Freeholders and Merchants residing there, herewith humbly presented, may more fully appear. By the passing of which Law, your Majesty's dutyfull and loyal subjects belonging and trading to the said Island, are extremely discourag'd, and laid under such ffears and apprehensions, that Petitioners have great reason to believe the said Island will in a short time be dispeopled, and the trade thereof utterly ruin'd, unless reliev'd by your Majesty. 80 signatures. Endorsed, Recd. Read Nov. 18, 1706. Copy. 1 large p. [C.O. 28, 9. Nos. 74, 74.i.; and 29, 10. pp. 201–206.]
Nov. 14.
St. James's.
599. Order of Queen in Council. Referring following to the Council of Trade and Plantations. Signed, John Povey. 1½ pp. Enclosed,
599. i.–v. Copies of 5 petitions from Barbados merchants, planters and freeholders to the Queen, similar to preceding. 95, 272, 265, 170 and 73 signatures. Endorsed, Recd. Read Nov. 18, 1706. 7 pp: [C.O. 28, 9. Nos. 75, 75.i.–v.; and (without enclosures) 29, 10. pp. 208, 209.]
Nov. 14.
St. James's.
600. Order of Queen in Council. Referring following to the Council of Trade and Plantations for their report. Signed, John Povey. Endorsed, Recd. Read Nov. 18, 1706. 1 p. Enclosed,
600. i. Tho. Hodges, barrister, of Barbados, to the Queen. Governor Sir B. Granville conceived some displeasure against him for acting as Counsel for several of H.M. distressed subjects, who were greatly oppressed by prosecutions commenced against them. The Governor and Council, Aug. 6, upon a mere allegation of Susannah Sadleir, without any proof or notice given to petitioner, forbade him to practice the Law until he had cleared himself of the said allegation. In response to his petitions for copies of proofs in writing and to be heard in his defence, he was censured and suspended. Prays that the said order of suspension be discharged. Signed, Tho. Hodges. Copy. 3 pp.
600. ii. Minute of Council of Barbados, Aug. 6, referred to in preceding. 1 p.
600. iii. Thomas Hodges to Governor Sir B. Granville. Petition referred to in preceding. Copy. 2 pp.
600. iv. Merchants and Planters of Barbados to Governor Sir B. Granville, Aug. 10, 1706. Pray for the withdrawal of Mr. Hodges' suspension until proof be given of his misbehaviour, he being their Counsel. 45 signatures. On receipt of above H.E. said he would consider of it, pointed to the door, and turned his back on us. Signed, Rich. Husbands, Michll. Cove. 3 pp.
600. v. Copy of Thomas Hodges' complaint against Susana Sadleir, Aug. 10, 1704. 1 p.
600. vi. Copy of T. Hodges' petition to Governor Sir B. Granville, Aug. 13, 1706, referred to in preceding. 1 p.
600. vii. Copy of Minute of Council of Barbados, dismissing above petition as "insolent, false and scandalous," and suspending Hodges from practising the Law, Aug. 13, 1706. ¾ p. [C.O. 28, 9. Nos. 76, 76.i.-vii.; and (without enclosures) 29, 10. pp. 210, 211.]
Nov. 14.
St. James's.
601. Order of Queen in Council. Repealing Act of Jamaica, Oct., 1705, to provide an additional subsistance for H.M. officers and soldiers. Signed, John Povey. Endorsed, Recd. Read Dec. 6, 1706. 2 pp. [C.O. 137, 7. No. 33; and 138, 12. pp. 40–42.]
Nov. 14.
Whitehall.
602. W. Popple, jr., to Mr. Savage. Desires a return of imports of naval stores and whale oil etc. from the Plantations, 1706. [C.O. 324, 9. p. 129.]
Nov. 15.
Whitehall.
603. Council of Trade and Plantations to Mr. Secretary Hedges. Having under our consideration the present state of Barbadoes, and particularly the reform of the Councill there, which we find to be a matter of great difficulty and importance, we think it very much for H.M. service that the Lords and other great Officers nominated in our Commission would give us leave to attend them etc. Autograph signatures. Endorsed, R. Nov. 15. 1 p. [C.O. 28, 38. No. 54; and 29, 10. p. 200.]
Nov. 15.
Kensington.
604. The Queen to Charles Hedges, Secretary of the Leeward Islands. Leave of absence granted, the office to be performed by a Deputy. Countersigned, C. Hedges. Whitehall, Feb. 8, 1706/7. Directed to Governor Parke. [C.O. 324, 30. pp. 122, 123.]