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Nov. 16.
Customhouse, London. |
605. R. Savage to Mr. Popple. Encloses following. Signed,
Rich. Savage. Endorsed, Recd. 18th, Read 25th Nov., 1706.
Addressed. ½ p. Enclosed, |
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605. i. Mr. Davenant to Mr. Popple. Encloses following etc.
Signed, Charles Davenant. 1 p. |
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605. ii. Imports of Naval Stores and Whale fins and oil from
the Plantations, Dec. 25, 1705—Sept., 1706. See
House of Lords MSS., New Series, VII. No. 2402 (c).
Signed, Charles Davenant. Nov. 15, 1706. 1 p. [C.O.
323, 6. Nos. 20, 20.i., ii.; and 324, 9. pp. 129, 130.] |
| [? 16 Nov.] |
606. Lt. Governor Bennett to the Council of Trade and
Plantations. The copies of Acts demanded [May 30] are
preparing, and shall be transmitted as soon as possible, but the
sending of them was not omitted, they haveing been twice returned.
I shal for the future take care (if time permits me) to examine
Acts of Assembly and Minutes of Council with the Secretary,
but with submission, my Lords, it's his particular business that
they are true copys from the Records, he swearing to that purpose
to the best of his examination. I shal be exact in sending half
yearly accounts of public stores, and wou'd now again transmit
what hath been expended since my arrivall, but have not time
to transcribe. Refers to letters etc. of Sept. 19 and Nov. 8,
concerning Capt. Jones, who remains in Virginia, awaiting an
opportunity for England. Repeats parts of Nov. 8. Pray my
Lords compare the infamy he brands me and the country with,
mentioned in Greatbatch his affidavit (formerly transmitted)
and the villainous crimes he charges me with, in the enclosed
affidavit, and then judge how far it may be thought to be a
continued opinion which may induce your Lordships to credit
the former (wherein I am said to be a perjur'd dog) altho' Capt.
Jones offer'd to swear in contradiction thereof. As for the
management of his office of Secretary by which he claims the
clarkships of all Courts, your Lordships have had particular
accounts of from the Council, and also now again in the preamble
of an Act of Assembly for the further regulating the Courts of
Judicature, and some time since from the Judges by their
remonstrance, also from the Justices of the Peace, enclosed.
And because Capt. Jones publickly affirmed that what was
incerted in the preamble of the abovesaid Act was all a lie, and
that the Judges would not own it, therefore they prayed me
to grant an authority to persons to take their affidavits to
the truth of what they had remonstrated, as also did the Justices
of the Peace, and now comes their affidavits to confirme them
I have had many complaints from the Quarter Sessions of his
imperious behaviour there, and of the unpresidented liberty
he gave (as being Provost Marshall) to prisoners committed
for contempt to Government, one representation is herewith
sent. As to what it mentions relateing to prisoners, I know
great part of it to be true, and much more might have been added.
I have received your Lordships' of May 31, and a day of Thanksgiveing has been accordingly religiously observed throughout
these Islands, for H.M. happy success over her enemys in Brabant.
Inclosed is an Address from the Assembly which they desired me
to transmitt, it relates to Capt. Jones. I have likewise sent
copies of two petitions with interrogatories annext, which he
gave me but a few days before he went on Sept. 22. What use
he intends to make of them I know not, but my answer to him
was when he would depute according to my nomination pursuant
to H.M. Order in Council of April 4 last, I would imediately
call a Council and consult on his petitions, and what
examinations were proper to be taken should be before me. If
I had imediately comply'd and appointed persons, it was
impossible any thing could have been done therein, his stay
being soe short. I am apprehensive (because he hath said soe)
that he will complain I have made noe officers in the Government
but such as are his enemys, more especially the Chief Justice
and Attorney General, the first being Col. Anth. White, the other
Mr. Tho. Burton, both which were unanimously recomended
by the Council, to which my Instructions obliges me to have
regard. My Lords, I am very unhappy under the circumstance
of not haveing persons amongst us qualifyed to make up a Govermt.,
which occasions me continuall trouble and uneasyness (this
being a very poor place, therefore ingenious men that's knowing
in the law will not settle here) but my endeavours have never
been to disturb Capt. Jones in his offices, altho' I frequently
told him of his thin and weak contrivances and endeavours to
enthrall me. Refers to enclosures. With Capt. Jones went
from hence one Capt. Martin Enley, Thomas Nitchells and Thomas
Dunscomb, whom I presume will appear on behalf of Capt.
Jones. My brother is prepared to answer them etc. Signed,
Ben. Bennett. P.S.—Since I had finished this letter, a master
of a vessell arrived from Barbados, who tells me on the 9th inst.
came in there Sir John Jennings on board the Devonshire with
the blew fflag at the mizzen top-mast head, and with him tenn
sail of men of war, one fire-ship, and a tender from the strieghts,
and on the 12th following sailed to the Leeward Islands (leaveing
only the Northumberland behind who sprang her main-mast),
and by advice from Anguilla I understand seven of them anchored
under Mountserratt, the other three were delivering guns att
Nevis. Signed, B. Bennett. Endorsed, Feb. 7, Read March 14,
1706/7. Holograph. Undated. 6 pp. Enclosed, |
|
606. i. (a) Deposition of Daniel Greatbeatch. Duplicate of
C.S.P. 1703, No. 1014. lviii. (b) Deposition of
Benjamin Fox. Duplicate of Nov. 8. (c) Speech
of Col. Anthony White to the Grand Jury, thereupon,
Dec. 2, 1706. (d) Reply of the Grand Jury, affirming
the integrity and good government of Col. Bennett.
Endorsed, Recd. Feb. 7, 1706/7. 7 pp. |
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606. ii. Copy of trial of Thomas Barrow, Nov. 20, 21, 1706.
Grand Jury: Capt. Daniell Keele, Foreman; Samuel
Newbald, Mathew Witter, Joseph Durham, Richard
Huntt, Robert Dickinson, John Darrell, Capt. Wm.
Outerbridge, Capt. John Harvey, Benja. Burton, Daniell
Tucker, John Gibbs, Richard Gilbert, James Bassett,
Joseph Hutchins. True bill returned that Barrow
publicly declared that he knew he could have no law
or justice in the Island. He now denied the jurisdiction
of the Court and refused to plead. He was fined 40l.,
and in event of refusing to pay, to be kept in charge of
the Provost Marshall. Endorsed as preceding. 4 pp. |
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606. iii. Trial of Capt. Newnam. Duplicate of Nov. 8. |
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606. iv. Act for regulating the Courts etc. Duplicate of Nov. 8. |
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606. v. Petition of E. Jones to Lt. Governor Bennett. June 4,
1705, petitioner moved to be admitted Clerk of the
Court of Assize, but never impeded the Judges from
holding the Court by denying them the perusal of the
Records, nor protested against their proceedings.
Petitions for the examination of said Judges in his
presence before his departure on Saturday, Sept. 19,
1706. Signed, Ed. Jones. Endorsed, Recd. Feb. 7,
1706/7. Copy. 1½ pp. |
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606. vi. Interrogatories proposed to be put to the Judges
Samuel Sherlock and Samuel Smith, as in preceding.
Same endorsement. Copy. 1½ pp. |
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606. vii., viii. Petition of Mr. Jones to Lt. Gov. Bennett,
with Interrogatories, praying that the witnesses against
him may be cross-examined thereupon. Sept. 18,
1706. Same endorsement. Copies. 2¼ pp. |
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606. ix., x. Depositions of Thomas Bostock and George
Darrell, Nov. 12, 1706, that by claiming the right of
being Clerk of the Courts and refusing to part with
the Records out of his hands Jones caused adjournments of the Courts, 1704, 1705. Same endorsement.
Copies. 2¾ pp. |
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606. xi. Justices of the Peace to Lt. Governor Bennett.
Protest against the liberty allowed to Mr. Nelson by
Mr. Jones as Provost Marshall, the irregularity of his
accounts, his failure to produce a Grand Jury, his
refusal to allow Dr. Josias Starr to be tried, on the
grounds that he is his prisoner, though he has allowed
Dr. Starr to be at liberty for many weeks etc. Pray
H.E. to suspend Jones. Signed, Francis Jones, John
Dickinson, Dll. Johnson, Tho. Burton, Richd. Gilbert,
Henry Tucker, Wm. Outerbridge. Same endorsement.
Copy. 4 pp. |
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606. xii. Assembly of Bermuda to Lt. Governor Bennett.
Sept. 13, 1706. Mr. Samuel Daffy having carried
about a paper for subscription setting forth that Mr. Jones
was generally esteemed etc., and that the Secretary
for the time being allwayes acted as Clerk of the Council
and Clerk of the Generall Assize, things notoriously
false and scandalous, wee have voted that the Attorney
Generall doe prosecute the subscribers. Severall of
them have been examined before a Committee of this
House, who all declare being perswaded and ignorant
in such matters was the occasion of their signing it;
indeed one Member of this House also signed, for which
he hath been expelled the House, and lyable to be
prosecuted with the rest; which libellous paper is
supposed by us to be contrived by Jones to confront
our former proceedings allready transmitted against
him, wee make it our chiefest care and hope in a little
time to finde out all the subscribers that they may
receive their just reward and condign punishment.
Jones has neglected his duty and obstructed the course
of Justice by claiming the clerkship and calling the
Court of Quarter Sessions his Court etc. Same endorsement. Copy. 3 pp. |
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606. xiii. Deposition of Lt. Col. Tucker, Nov. 12, 1706.
Mr. Jones claimed the Clerkship at the Court of Assize
held before Mr. Sherlock and Mr. Smith June 4, 1705,
and caused the adjournment of the Court by refusing to
produce their Commissions from the Records in his
office etc. Since his last arrival, Capt. Jones, when
deponent was one of the Justices at Quarter Sessions,
claimed the Clerkship again and said it was his
Court. Signed, Will. Tucker. Same endorsement. Copy.
1½ pp. |
|
606. xiv. Copy of Deposition of Thomas Burton, J.P. and
Richd. Gilbert, J.P. to same effect as preceding. Same
endorsement. 1 p. |
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606. xv. Copy of Deposition of Charles Minors. Capt. Jones
threatned to sue any person who should act as Clerk
of Assize without his permission, and thereby deterred
him from so acting. Same endorsement. 1½ pp. |
|
606. xvi. Copy of Deposition of John Dickinson, J.P. Mr. Jones
refused to provide a jury for the Court at Quarter
Sessions, July 18, 1706. The Court complained to the
Governor of his contempt, etc. Same endorsement. 1 p. |
|
606. xvii. Copy of Deposition of Saml. Sherlock and Samuel
Smith, as first part of No. xiii. Same endorsement.
1½ pp. [C.O. 37, 7. Nos. 42, 42.i.–xvii.; and (without
enclosures) 38, 6. pp. 234–243.] |
Nov. 16.
Bermuda. |
607. Lt. Governor Bennett to Mr. Popple. Repeats part
of preceding and refers to above enclosures relating to Mr. Jones.
Signed, B. Bennett. Endorsed, Recd. 11th, Read 14th March,
1706/7. Holograph. 2¾ pp. [C.O. 37, 7. No. 44; and 38, 6.
pp. 245–248.] |
Nov. 18.
New York. |
608. Governor Lord Cornbury to the Council of Trade and
Plantations. Refers to letter of Sept. 10. The Assembly of
New Jersey was to sit at Amboy on Oct. 24. At my arrival at
Amboy, I found none of the Councill there, and but four of the
Assembly, this was upon Friday, soe I thought fit to adjourn
the Assembly till the Munday following, to give the Members
both of Councill and Assembly time to come in, on the Saturday
Mr. Pinhorn, Mr. Mompesson and Col. Townley arrived, on
Munday Col. Ingoldsby and Coll. Cox came to towne and 4 more
of the Assembly, soe there not being enough to make a House
I adjourned the Assembly till the next day, and soe for severall
days, on Tuesday Major Sandford arrived and 4 more of the
Assembly, and on Thursday I received letters from the Western
Division, to acquaint me that Mr. Revell, Mr. Davenport, and
Mr. Leeds, all three of the Councill, were very ill, and likewise
that the Speaker was ill, but hoped in few days to be able to
travell. Mr. Jennings, who is a Quaker and one of the Councill,
wrote to me himself to desire that he might be excused from
serving any more in Councill, saying that the charges that attended
that service were too great for a man in his circumstances. I
acquainted the rest of the Councill with that letter, who were all
of opinion that his request ought to be granted, which I have
agreed to, and if your Lordshipps please that Mr. Sonmans may
be admitted in his stead, it shall be done as soon as I receive
your orders for it. After having attended till Nov. 14, and
finding noe likelihood of any more Members of the House coming,
I adjourned the Assembly by proclamation to March 12, 1706,
but since that, having discours'd Col. Quary and some others
of the Councill, I have resolved to dissolve that Assembly, that
we may have a new one chosen according to H.M. additional
Instruction to me. Having last summer received from
Mr. Secretary Harley H.M. Royall Commands to cause a grant
or grants to be passed under the Seale of the Province of New
Jersey of all the Proprietys and shares of Proprietys of Arent
Sonmans, deceased, and Peter Sonmans his son, to one Joseph
Ormston of London, merchant, and Rachell, his wife; this letter
was brought to me by one John Ormston, at a time when my
wife lay very ill of a sicknesse of which she is since dead; this
Ormston was very pressing for me to goe immediately into New
Jersey to dispatch that grant; the letter being directed to me
and Councill, I told him that as soon as I could see my wife in
such a condition that I might hope to find her alive at my return
I would goe, and accordingly I did in some time after that (hoping
my wife had been upon the recovery) send to the Secretary of
New Jersey to acquaint all the Gentlemen of the Councill that
I desired them to meet me at Amboy on a certain day in June,
at which time I was there according to appointment, but there
met me but 3 of the Council, and as by my Instructions I am
directed not to act with lesse than 5, unlesse it be in cases of
emergency, in which I may act with 3, soe I did not think this
case to be of that nature, espetially when the Secretary acquainted
me that Mr. Peter Sonmans had entred a caveat in his office
against the passing of any such grant, before he was heard; I
told Mr. Ormston that I was sorry it happned soe that he could
not be dispatched at that time, but that I hoped in a little time
I should get the Councill together, and that he should always
find me ready to obey H.M. commands in all things; after this
I returned to York, where the people were in continual allarms,
occasioned by the frequent accounts we had from the West Indies,
of Monsieur d' Iberville's design of attacking this place, and indeed
I did not think that a proper time to be absent from this place.
I was therefore forced to put Mr. Ormston off till the time the
Assembly was to meet at Amboy, which was to meet in October,
this Mr. Ormston was extreamly angry at, and told some persons
here that he would send complaints against me into England
for this delay, this came to my knowledge but within a few days,
and that is the cause of my troubling your Lordshipps with this
matter at this time, hoping you will be soe kind as to stand my
friends upon this occasion, considering the reasons that obliged
me to it. Being at Amboy at the time the Assembly was to
have sate there, and there being 5 of the Councill there, I did
acquaint them with the commands I had received from H.M.,
and ordered the letter to be read, which being done and the
Secretary acquainting the board that Mr. Sonmans had entred
a caveat in his office, I ordered Mr. Ormston and Mr. Sonmans
to be called in, and acquainted them that I had communicated
the Queen's commands to the Councill, and that we were ready
to hear what they had farther to offer. Mr. Ormston said that
the Queen's orders were positive and that he expected in obedience
to them he should have a grant under the seale of the Province
of the estate of Arent Sonmans deceased, and Peter Sonmans
his son. To this Mr. Sonmans replied, that this Order was
obtained after he left England, and consequently without his
being heard, that he is naturalised and consequently ought to
be looked upon as a naturall born subject, and that as such he
ought not to be divested of his freehold without being heard, that
he had many things to offer against the passing of any such
grant, and desired he might be heard by his Councill on the
Munday following, this order was made on Saturday, Nov. 9,
and accordingly on Munday Mr. Sonman's Councill was heard;
Mr. Ormston having Councill alsoe, the Councill for Mr. Sonmans
insisted that the Queen was deceived in her grant, and offered
many reasons to prove it, which I don't trouble your Lordshipps
with now, because I have sent a full account by the way of the
West Indies, they further insisted that though an Alien can
hold noe lands but in right of the Crowne, yet the Queen can
make noe grant of any such lands till they are vested in the
Queen by an office found upon Record; the Councill for Mr.
Ormston did not offer any things against the points of Law
urged by the Councill of the other side, but insisted that the
Queen's commands were positive, and ought to be obeyed, and
that the Governor and Councill of New Jersey are not competent
judges whether the Queen's commands shall be obeyed or not,
and this was all that was offered on that side, this being done,
I desired the Gentlemen of the Councill to consider what had
been offered on both sides, and that if they were not ready to
give their opinions then, they should have time, but I had
rather they would doe it then, they all said they were ready,
and declared one after another, that they were of opinion that
noe grant ought to passe, till the whole matter were humbly
laid before H.M., and her pleasure farther known; this I have
endeavoured to do as fully as I could by way of the West Indies,
both to the Rt. Hon. Mr. Secretary Harley and to your Lordships,
of which I would have sent duplicates by this ship, but I am
come to towne just time enough to write this letter. Signed,
Cornbury. Endorsed, Recd. April 28, Read May 7, 1707.
Holograph. 3¾ pp. [C.O. 5, 970. No. 44; and 5, 994A. pp.
293–300.] |
Nov. 18.
Whitehall. |
609. W. Popple to Sir John Stanley and Wm. Bridges.
The Council of Trade and Plantations being informed that you
have received severall papers from Barbadoes and in particular
the Act for ascertaining the continuance of the General Assembly,
desire you to let them have them as soon as possible. [C.O. 29,
10. p. 207.] |
Nov. 18.
Whitehall. |
610. Mr. Secretary Hedges to the Council of Trade and
Plantations. You are to transmitt the Instructions for Governor
Crowe, in order to their being laid before H.M. in Council tomorrow. Signed, C. Hedges. Endorsed, Recd. Read Nov. 19,
1706. ½ p. [C.O. 28, 9. No. 77; and 29, 10. pp. 211,
212.] |
Nov. 19.
Whitehall. |
611. Council of Trade and Plantations to Mr. Secretary
Hedges. Acknowledge preceding. We have transmitted the
Instructions. We should have been very glad to have received
the directions of the Lords in the choice of a new Councill (Nov. 15)
but being pressed by your letter we have annexed the names
of such persons as upon the most impartial enquiry wee find
most proper etc. See following. Autograph signatures. Endorsed,
R. Nov. 19. 1¾ pp. [C.O. 28, 38. No. 55; and 29, 10.
pp. 348, 349.] |
Nov. 19.
Whitehall. |
612. Council of Trade and Plantations to the Queen.
Enclose draught of Instructions to Governor Crowe. But
whereas it has been represented to us, that several of your Majestie's
Councill there have been contrivers and promoters of the late
Acts, to supply the want of cash and for ascertaining the continuance
of the General Assembly, which have occasioned much trouble
and disorder there, and that the said Counsellors have made use
of the Paper Bills issued out according to the late Act to pay
their particular debts; that they are incumbred with debts
and ingaged in Law Suits: We are humbly of opinion that those
persons are not proper to assist your Majestie's Governor in the
execution of your Majestie's Commission and Instructions, nor
will readily contribute to the passing any future Law for the
indemnifying such persons as have been sufferers by the Paper
Act, as has been already directed by your Majesty. We therefore
herewith humbly offer the names of such persons as the Merchants
and others concerned in the trade of Barbadoes, several of which
were upon the Island during these transactions, have represented to us as most fit and proper in this conjuncture to carry
on your Majesty's service and the good of the Island. Autograph
signatures. Endorsed, Recd. Nov. 19. 2 pp. Annexed, |
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612. i. Lists of persons recommended to be Councillors of
Barbados by Lord Grey, Sir B. Granville, and others.
Present Council: Characters by Mr. Heysham, Col.
Scot and others:— |
|
George Lillington: Suspended. A sensible man and
good estate. |
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Wm. Sharpe: Much in debt: an execution against
him. He was for the Paper Bill, and paid severall
of his debts with those Bills. |
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Pat Meine: In England. He has no estate in
Barbadoes, but what he detains from orphans. |
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Richard Scot: In England. An honest man. |
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Thomas Merrick: For the Bill. Dead. |
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Saml. Cox: Much in debt and for the Bill. |
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Wm. Cleland: For the Bill. The promoter of all
their disorders. |
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John Mills: Much in debt; for the Bill and has
paid off a judgment of 1,000l. in Bills. |
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James Colleton: For the Bill (Dead). |
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Alex. Walker: Very much in debt, a promoter of
ye Bill. |
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Middleton Chamberlain: In debt, very much involved
in Law. |
|
Council agreed by the Board, Nov. 19, 1706.
George Lillington, Tobias Frere, Richard Scott, Thomas
Merrick (dead), Wm. Wheeler, John Hallett, John
Lesley (bad and in debt), John Wiltshire (dead), Thomas
Alleyne, John Pilgrim, Simon Lambert (Promoter of
Divisions), Wm. Cole. 2 pp. [C.O. 28, 38. Nos. 56,
56.i.; and 29, 10. pp. 212–215; and (without covering
letter) 28, 9. No. 78.] |
Nov. 19.
Kensington. |
613. Order of Queen in Council. Referring following to
the Council of Trade and Plantations for their report. Signed,
John Povey. 1¼ pp. Enclosed, |
|
613. i. Council and Assembly of Barbados to the Queen.
Upon alarm of a French invasion last December, the
Governor put the Militia in the best disposition they
were capable of, and fortifications, laid out by Col.
Lilly, were begun at great expence and labour night
and day. The charge has been very grievous and
infinitely prejudicial to the Plantation affairs of your
subjects here, and so by consequence a loss to Trade.
Pray that the 4½ p.c. collected in the Island may be
disposed of there by H.M. Commissioners of Customs
of the Island in the completion of the said fortifications,
thereby saving the hazard and great charges of transmitting the same to England and back. Petitioners
represent the weak condition of their Militia, and pray
H.M. to order a full Regiment of regular troops for
strengthning the same. For the better encouragement
of such troops, an Act is passing appointing free quarter
as an addition to your Majesty's pay, which petitioners
humbly pray may be fully and punctually paid them
within said Island; without which, notwithstanding
of said free quarter, they will not be upon equal foot
with your Majesty's troops in Europe. Signed, Wm.
Sharpe, Saml. Cox, Wm. Cleland, John Milles, James
Colleton, Middleton Chamberlen, Alexander Walker.
Thomas Alleyne, Speaker, John Holder, George Peers,
Thomas Sandiforde, Paul Lyte, Reynd. Alleyne,
Sim. Lambert, Benj. Bullard, Elisha Holder, Thos.
Prideaux, Richd. Sandiford, Robert Waite, Thos. Prideaux. Endorsed, Recd. Read Jan. 8, 1706/7. 2 pp. [C.O.
28, 9. Nos. 86, 86.i.; and 29, 10. pp. 377–383.] |
Nov. 19.
Kensington. |
614. Order of Queen in Council. Repealing 13 Acts of
New Hampshire as advised July 19. Signed, John Povey.
Endorsed, Recd. Read Dec. 6, 1706. 2½ pp. [C.O. 5, 864.
No. 79; and 5, 912. pp. 210–213.] |
Nov. 19.
Kensington. |
615. Order of Queen in Council. Ratifying 13 Acts of
New Hampshire, as advised July 19. Signed and endorsed as
preceding. 2 pp. [C.O. 5, 864. No. 80; and 5, 912. pp. 213–216.] |
Nov. 19.
Jamaica. |
616. Governor Handasyd to the Council of Trade and
Plantations. Acknowledges duplicate of July 19, with H.M.
Instructions on a Petition from Bristol relating to bottled ale,
which I have laid before the Assembly now sitting. I inclose
the best account I can gett of the French and Spaniards' attempt
on Carolina, which I desire your Lops, after your perusall, will
send to the Secretary of State, if you think it proper. The Chief
Justice of this Island, Col. Walters, departing this life, I have
been obliged to appoint in his stead Coll. Peter Heywood, who
has been the eldest Assistant Judge these 12 or 13 years; I must
confess I have no extraordinary opinion of him, but he was the
best I could get, having proffered it to severall other Gentlemen,
who I thought were fitter for it, and they all declined it. The
Assembly have made three Bills ready which they would oblige
me to pass before they go on any other business, though they
are all contrary to H.M. Instructions, one for quartering the
Regiment for three months; another an explanatory Act as
they call it, to the Act relating to H.M. Quitt-Rents, and in
effect is the recalling an Act made two years ago, by which severall
lands fell to H.M. for the non-payment of the Quitt-rents. In
which they first gave 12 months time for the advantage of the
Proprietors, before the land became forfeited to the Queen;
and after that re-enacted it for six months longer; and it is
possitively contrary to H.M. Instructions, that any Act should be
re-enacted but on an extraordinary occasion, and on no pretensions
to do it a second time without H.M. leave first obtained for the
same. The third is an Act for regulating the ffees of offices,
vizt. the Secretary of the Island's, the Provost Marshall's, the
Clerk of the Crown's, the Clerk of the Court's, and the Register's in
Chancery; but in plain is for no other reason than to discourage
Englishmen's serving in any office here, that they may engross
all into their own hands; in the same Act they oblige all lawyers
to take a ffee of a piece of eight and no more, which will not go
farther here than a shilling in England, considering the charges
of travelling and other expenses they must be at; but there
being good and sufficient Laws already made for 21 years for
the regulation of all fees of offices etc., I am therefore resolved
not to pass this Bill; nor will I do the two former till I have
directions from your Lops., which I cannot expect this Sessions.
But as to the Quartering Act, they are beginning another for
12 months, and I hope I shall be able to prevent their tacking
the other two to it, this year. I proposed to the Assembly for
the advantage of H.M. Revenue, the inserting a clause in the
Quitt-Rent Act to impower the Receiver-Generall to tender an
oath to all such as come to pay their Quitt-Rents, to oblige
them to discover whether they have any more lands in their
possession than they then pay Quitt-Rent for, either belonging
to themselves or others; but it being a custom here for persons
to keep in their possession several hundred acres of land they
pay no Quitt-rent for, they have wholly declined it, as appears
by the Minutes of the Councill and Assembly now sent to
your Lops. I am now to recommend to your Lops.
Mr. John Ayscough to be one of the Councill in the room of
Coll. John Walters deceased; he has always behaved himselfe in
the Assembly with a great deal of respect to the Queen's
authority: he understands the Law, and is a man of as good
substance as any in the Island. I have taken care to give
the Spaniards all the notice I can of the success of H.M. and
her Allies, and here being some Spanish letters taken in a Spanish
vessell, I have sent such of them as were for the advantage of
King Charles to the Spanish coast, as directed. Understanding
the Attorney General is endeavouring to get leave to go home,
I desire if it is so and that he has leave, I may have such a one
in his stead that I can depend on. The Island is at present
healthy, the fleet is in a fair way of recovery, but has lost betwixt
400 and 500 men. I enclose to your Lops. a clause the Assembly
have made and inserted in the Bill for regulating ffees, with
some remarks on it, by which your Lorps. will plainly see the
barbarous designs of the people here to defraud every honest
man who has any rent charge or other debt on any estate in the
country. Signed, Tho. Handasyd. Endorsed, Recd. Jan. 6,
Read Feb. 17, 1706/7. 3 pp. Enclosed, |
|
616. i. Clause inserted by the Assembly of Jamaica in the
Act for regulating fees. All bills of sale and conveyances,
by any person who by law might sell or convey any
lands or tenements (infants under age excepted) and
the same duly acknowledged before any Court of Record
and duly recorded in the Secretary's Office, shall be good
and valid in the Law against every person that shall
claim any manner of estate or interest of, in, or to
the lands, tenements etc. conveyed as aforesaid, as
fully as any lands in England might be passed by ffine
and recovery duly levied in H.M. Courts of Westminster
etc. Note by Governor Handasyd:—By this clause it
will be in the power of the husband and wife, or of
tenant in tayl, under pretence of cutting off the entayl,
not only to defeat all persons that have any collaterall
interest issuing out of the estate-tayl of their right,
but also to cheat all minors of their portions etc., and
it is plainly calculated for the case of a particular
Gentleman in this Island etc. This clause must also
endanger the interest of several mortgages of estates
in this Island. No regard is had to the interests of
infants by inserting a proviso for saving their interests
in any estate to be conveyed by this Act, for such a
proviso would have defeated the design of the Act,
the clause being levelled against a particular infant etc.
Endorsed, Recd. Jan. 6, 1706/7. 1½ pp. [C.O. 137, 7.
Nos. 35, 35.i.; and (without enclosure) 138, 12. pp. 53–58.] |
| Nov. 19. |
617. Account of the invasion of South Carolina, forwarded
by Governor Handasyd. [See Oct. 3.] Endorsed, Recd. Jan. 6,
Read Feb. 17, 1706/7. 5 pp. [C.O. 5, 1263. No. 135; and 5,
382. No. 10.] |
Nov. 19.
Whitehall. |
618. W. Popple, jr., to Mr. Attorney General. The Council
of Trade and Plantations desire your opinion, whether the Queen
or any of her Judges have power to suspend a Barrister at Law
from the practice of the Law. [C.O. 29, 10. p. 349; and
319, 1. p. 70.] |
| Nov. 20. |
619. Attorney General to the Council of Trade and Plantations. Reply to preceding. I am of opinion that a Barrister
at Law for a contempt committed in Court, and recorded by
the Court, may for ye same be for some time suspended from
practising in that Court, and being legally convicted of any
enormous crime, which makes him unworthy to practise the
Law, may be adjudg'd incapable to practice for ever after, but
no Judge can without such reason, suspend any Barrister from
practising the Law, and it hath not been usual for H.M.
predecessors to intermeddle in matters of this nature, but the
same have been left to their Judges and Courts of Justice. Signed,
Edw. Northey. Endorsed, Recd. Read Nov. 21, 1706. 1 p.
[C.O. 28, 9. No. 79; and 29, 10. pp. 350, 351; and 319, 1.
pp. 70, 71.] |
| Nov. 21. |
620. Board of Ordnance to Sir C. Hedges. Wee had, before
the receipt of your letter of Nov. 18, put the 500 arms on board
the two vessels, laden with Ordnance stores for Nevis and
St. Kitts; and have since put the like number of swords and
bayonets on board etc. Signed, C. Musgrave, Ja. Lowther,
Ja. Craggs. 1 p. [C.O. 152, 39. No. 112.] |
| Nov. 22. |
621. John Lyon to the Council of Trade and Plantations.
Prays that Patrick Meine may not be continued a Member of
Council of Barbados, for he has no estate and is indebted for
the rents etc. of the estate of John Johnstone, which he unjustly
detains etc. There is now a Bill in Chancery against him. Signed,
John Lyon. Endorsed, Recd. Read Nov. 22, 1706. 1¼ pp.
[C.O. 28, 9. No. 80; and 29, 10. pp. 356, 357.] |
Nov. 22.
Whitehall. |
622. Mr. Ball to the Council of Trade and Plantations.
My affidavit against Mr. Skeene is in every part true. The
justice of his trial at Barbados may be inferred from their sending
a false copy of my affidavit, etc. Signed, Guy Ball. Endorsed,
Recd. Read Nov. 22, 1706. 1 large p. [C.O. 28, 9. No. 81;
and 29, 10. pp. 358–361.] |
Nov. 22.
Whitehall. |
623. Council of Trade and Plantations to the Queen. It
not appearing to us that Thomas Hodges [see Nov. 14] did
commit any contempt to your Majestie's Court in which he pleaded
or that there is sufficient proof of the misbehaviour alledged
against him, we humbly offer that his suspension be revoked.
[C.O. 29, 10. pp. 352, 353.] |
Nov. 22.
Whitehall. |
624. Council of Trade and Plantations to the Queen. We
have considered the petitions [Nov. 14], against the Act of
Barbados for continuing Assemblies etc. This Act having past
Aug. 13 last, and we not having yet received a copy thereof in
due form under the Seal of the Island, nor the Minutes of
Councill and Journals of Assembly by which this and the Act
for establishing a Paper credit were past, we are making the
best enquiry to find out by what neglect this failure in your
Majestie's service has been occasioned; But having received
from the Petitioners, whom we find to be very considerable in
number and estates, an authentick copy of the said Act attested
by the Deputy Clerk of the Assembly, we humbly lay the same
before your Majesty, with our opinion that the former Law of
1660, which is superceded by this Act, has been esteemed a
good and usefull Law to the Island, and that the changing that
Law as intended by the late Act at the time when it was past
may be of ill consequence; it appearing to us that it was cheifly
intended to support, for the term of 3 years in the Assembly,
those persons who had most contributed to the passing the late
Act for Paper money. Upon which we humbly offer that your
Majesty be pleased to disallow and repeal the above-mentioned
Act; Whereby the present Assembly will be dissolved and your
Majesty's Governor will be at liberty to call a new one. [C.O.
29, 10. pp. 353–355.] |
Nov. 22.
Whitehall. |
625. Mr. Secretary Hedges to the Council of Trade and
Plantations. Encloses following. Signed, C. Hedges. Endorsed,
Recd. Read Nov. 25, 1706. ½ p. Enclosed, |
|
625. i. Lt. Governor Bennett to Sir C. Hedges, March 11 (q.v.).
Copy. 3 pp. [C.O. 37, 7. Nos. 35, 35.i.; and 38, 6.
p. 222.] |
| Nov. 25. |
626. Account of Trade and Fishery of Newfoundland.
Abstract of Nov. 11. [C.O. 195, 4. p. 329.] |
Nov. 25.
Whitehall. |
627. Council of Trade and Plantations to Mr. Secretary
Hedges. In reply to No. 625, refer to representation of July 4
and H.M. Order, July 15, "so that we do not find there is at
present any want of Counsellors in" Bermuda. Autograph
signatures. 1 p. [C.O. 37, 26. No. 17; and 38, 6. pp. 222,
223.] |
| Nov. 26. |
628. G. Willcocks to the Council of Trade and Plantations.
I have been appointed Agent for Merchants etc. in Pensylvania
to oppose some Laws lately passed there. One reason is because
they are not approved by a Governour lawfully authorized for
that purpose. That Government is actually conveyed and not
legally delegated by Mr. Penn to John Evans, who pretends
to an authority to approve the Acts, directing the qualifications
of officers, and laying a duty of 2½d. per lb. and 10s. per head, as
also a duty of excise upon liquors etc. Signed, Geo. Willcocks.
1½ pp. Enclosed, |
|
628. i. J. Moore to Mr. Willcocks. Philada., March 12, 1705/6.
Some worthy and honest gentlemen (sons of the Church)
put into your hands the sollicitation of above business,
etc. Signed, J. Moore, Saml. Pinney, Willm. Trent,
George Rock, Jos. Pidgeon. 1¾ pp. |
|
628. ii. Same to Same. Philada., Aug. 18, 1706. Encloses
preceding etc. Signed, J. Moore. Endorsed, Recd.
Read Nov. 27, 1706. ¾ p. [C.O. 5, 1263. Nos. 126,
127, 127.i.; and (without enclosures) 5, 1291. pp. 426–428.] |
Nov. 26.
Whitehall. |
629. Council of Trade and Plantations to Mr. Secretary
Hedges. We think it requisite to inform you of the death of
Col. Nott, Governor of Virginia, and desire you to lay the same
before H.M., in order to the nomination and dispatch of
another Governor for that Colony, which is of so great importance
to H.M. Autograph signatures. 1 p. [C.O. 5, 1341. No. 3;
and 5, 1362. p. 86.] |
| Nov. 27. |
630. Governor, Council and Assembly of Maryland to the
Queen. Whereas this your Majesty's Province is wholly destitute
of any manner of coyne, for want of which we labour under the
greatest difficultys and inconveniences imaginable, our Tradesmen for want of prompt payment deserting us, our Country
exposed to every insult that may be made on us, and for many
other weighty reasons too tedious here to be inserted, we do
most humbly address your sacred Majesty, that you will be most
graciously pleas'd to grant us a particular species of a small
copper coyn in pence, threepences and sixpences, with your
Majesty's Royall Portraiture on the one side and Maryland
on the other, the intrinsick vallue thereof, and your Majesty's
charge of coynage amounting to 700l. sterl., to be remitted by
us your Loyal Subjects to your Treasury in England, and the
said coyne to be made only currant in this your Majesty's Province
by your Royal Proclamation, the Publick faith here standing
engaged for the security of all such, who shall receive any of the
said coyns. Which will be a most Royall Benificence to your
Majesty's most loyal and dutiful subjects. Signed, J. Seymour,
Tho. Tench, Robert Smith, John Hammond, Fra. Jenckins,
Edwd. Lloyd, Wm. Holland, James Sanders, Kenelm Cheseldyn,
Will. Coursey, Thomas Ennalls, Tho. Greenfield, R. Bradly,
Robt. Tayler, Samuel Magruder, Tho. Smyth, Speaker,
G. Muschamp, James Hay, R. Gouldesborough, James Smallwood,
Jno. Contee, Ch. Greenberry, Nico. Lowe, Wm. Frisby, Elias
King, Saml. Young, Tho. Frisby, Jno. Wells, Robt. Skinner,
Will. Stone, Richd. Jones, jr., Joseph Hill, James Maxwell,
Joseph Ennalls, James Phillips, John Jones, Fra. Dallahide,
Henry Coursey, Jno. Machall, Hu. Eccleston, Gerard Fowke,
Edward Blay, Jno. McClester, Wm. Watts, Tho. Howe, Wm.
Aisquith, Jno. Leach, Thomas Beale, Jos. Gray, Wm. Dare.
Subscribed, |
|
630. i. H.M. having been moved on this Petition, refers the
same to the Councill of Trade and Plantations, to
consider thereof, and report what may be fit for H.M.
to do therein, whereupon she will declare her further
pleasure. Whitehall, Nov. 27, 1706. Countersigned,
C. Hedges. Endorsed, Recd. Read Dec. 19, 1706.
1 large p. [C.O. 5, 716. Nos. 18, 18.i.; and 5, 726.
pp. 395–398.] |
Nov. 27.
Whitehall. |
631. Council of Trade and Plantations to the Lord High
Treasurer. Enclose letters etc. from Mr. Bridger (Oct. 18 and
24). We humbly offer that it may be for H.M. service that
this Trade (in Naval stores), which will every year be carried on
to greater perfection may not in it's beginning meet with any
exceptions and scruples as to the goodness of the commodity,
so as to hinder the payment of the full premium directed by
Act of Parliament, lest otherwise the people be deverted from
the produce of these stores and turn their labour to the woollen
manufacture, wherein they have already made too great a progress.
[C.O. 5, 912. pp. 206, 207.] |
Nov. 28.
Barbadoes. |
632. Col. Sharpe, President of the Council of Barbados,
to the Council of Trade and Plantations. I am honoured with
your Lordships' letter of Sept. 26, directed to Sir B. Granville etc.
I doubt not your Lordships have been thoroughly made sensible
of ye generall dissatisfaction [the Act to supply the want of cash]
has given. I have presumed to inclose ye Minute of ye General
Assembly here at its passing, which shews it was then carryed
but by one voice; as also my opinion of it in what I say'd to
ye Members of H.M. Council and ye General Assembly, at their
first meeting me in Council. Col. Merrick, one of ye Members
of Council here, is lately dead, and there being now but 6 on this
Island, I designed to sweare Raynes Bate, Esq., an honest
worthy Gentleman, in his room, to make up ye number 7, according
to H.M. direction; but not being able for several meetings to
make a Council ye vacancy still remains. Col. John Wiltsheire,
late Receiver of H.M. Casual Revenues here, being also dead,
I have placed Thomas Affleck, Esq. in his stead, who I hope will
meet your Lordships' approbation as a person duely qualifyed
for that trust. I shall endeavour to improve ye good agreement
Sir B. Granville began with ye inhabitants on H.M. Island
St. Vincents, and take all ye care imaginable to engage them to
throw off their dependence on ye French, as a matter of considerable
advantage to this place. I now send your Lordships, under
ye Seale of this Island, the following Acts:—(i.) For ye better
regulation of ye Courts of Common Pleas etc.; (ii.) To repeal
certain Clauses in an Act, to preserve ye ffreedom of Elections etc.
(iii.) Concerning ye Agents for solicitation of ye publick affairs
of this Island. And also ye Naval Officer's two quarterly lists
of ships that have entred and cleared here, March 25 to June 24,
and June 25 to Sept. 24, 1706. Signed, Wm. Sharpe. Endorsed,
Recd. 8th, Read 17th Feb., 1706/7. 3 pp. Enclosed, |
|
632. i. Minute of Assembly of Barbados, May 7, 1706, referred
to in preceding. Endorsed, Recd. Feb. 8, 1706/7. 1 p. |
|
632. ii. Part of Col. Sharpe's speech to the Council and Assembly of Barbados. (See Dec. 5.) "We now find that the
Act designed for a paper creditt has been so far from
answering the ends proposed by it, that I much fear
it has given a dangerous blow to our reputation in all
parts of our commerce, nor has it been less greivious
to the poor Inhabitants, who in great measure are
the sinews of our country, and deserve particular care and
protection. It being from 40 to 50 p.c. in exchange worse
than silver, as also in Barter for all comodities, tho' in
all payments forc't upon the creditor at par, we have
had a large creditt from home and we have discharged
it with imaginary payments, so that the generous
Adventurer scarce has return'd him half his own. What
misfortunes this will bring upon us, is easier to conceive
than avoid. The defects and errors in the most essential
parts of that Act, I'm apprehensive are too many for
a slight amendment or correction; yet some resolutions
you must fall upon to preserve the poor remains of our
creditt, lest we be represented under such characters
as I'm asham'd to think of." Endorsed as preceding.
1 p. [C.O. 28, 9. Nos. 91, 91.i., ii.; and (without
enclosures) 29, 10. pp. 393–398.] |
Nov. 29.
London. |
633. Mr. Dummer to Mr. Popple. Encloses printed list
of sailings of the West India packets. Signed, E. Dummer.
Endorsed, Recd. Read Dec. 6, 1706. Addressed. 3 pp. [C.O.
323, 6. Nos. 22, 22.i.] |
Nov. 30.
Whitehall. |
634. Mr. Secretary Hedges to the Council of Trade and
Plantations. Encloses following. Signed, C. Hedges. Endorsed,
Recd. Dec. 3, 1706, Read Jan. 20, 1706/7. ½ p. Enclosed, |
|
634. i. Commodore Underdown to Mr. Secretary Hedges.
Falkland in Plymouth Sound, Nov. 11, 1706. Upon
my arrival in St. John's Harbour, I published H.M.
Declaration for constituting a Militia to be published
there and in other inhabited harbours, and appointed
officers fittest for that purpose. Refers to enclosures.
I cannot find that any of H.M. officers carry on any
trade there. I endeavered to perswade the inhabitants
to dwell as near the Fort as possible, where is a spott
of ground addopted for that purpose, with good banks
thrown up, and has had very good effect, for there
was nere 100 houses and about 500 men, besides women
and children, which men will be of great service to ye
garrison, should it be attackt. I have on board as
prisner, Thomas Larimore, a person suspected of very
ill desighns and practices. Copy of his examination
and the commission he so impudently personated of
Capt. Larrimores inclosed. I have also on board one
Willm. Goffe who had the misfortune at St. Johns
accidentally to kill a man etc. Signed, Jno. Underdown.
Endorsed, Recd. Dec. 3, 1706. Addressed. 2 pp. |
|
634. ii. A survey of provisions at St. John's Fort, Sept. 20,
1706. Signed, Jno. White, Wm. Lee, Wm. Lloyd.
Endorsed, Recd. Dec. 3, 1706, Read Jan. 20, 1706/7.
1½ pp. |
|
634. iii. Capt. Lathum's report on the Fort at St. Johns, and
proposal for securing the Boom. Signed, Robt.
Lathum. 2 pp. |
|
634. iv. List of the guns in Fort William, St. Johns. Signed,
Robt. Lathum. Endorsed, Recd. Dec. 3, 1706. ¾ p. |
|
634. v. Muster-Roll of the Garrison at St. Johns, Oct. 4, 1706.
77 men and 12 officers etc. Endorsed as preceding.
1 large p. |
|
634. vi. Account of the inhabitants, fishing ships and fish
caught in Newfoundland, 1706. [See Nov. 11.]
Signed, Jon. Underdown. Same endorsement. 1 p. |
|
634. vii. Officers of Militia appointed by Commodore
Underdown, St. Johns, Sept., 1706. Captains:—Henry Studley, Rich. Colesworthy, John Collins, Jeffery
Lang, Matthew Hudson, Xpher Archer, Elias Andrews,
Walter Short, William Short. Lieuts.:—Thomas
Minshaw, John Jenkins, Gilbert Jane, Wm. Roberts,
Oliver Lang, Thomas Hawkins, Peter White, Thos.
Codner, John Tucker. Ensigns:—Richd. Roberts,
Wm. Squary, Edwd. Shepheard, John Collins, Azarias
Condett, Wm. Topley, John Ellott, Richd. Clog. Signed
and endorsed as preceding. 1 p. |
|
634. viii. Stores of War in Newfoundland, Sept. 20, 1706.
Signed, Jno. Huxford, Charles Turner, Nicholas Ardrin,
Edward Elward. Endorsed as preceding. Lists partly
printed. 3 large pp. [C.O. 194, 4. Nos. 11,
11. i.-viii.; and (without enclosures) 195, 4. p. 336.] |
Nov. 30.
Treasury Chambers. |
635. Mr. Lowndes to Mr. Popple. Encloses following.
My Lord Treasurer desires the Lords Commissioners of Trade
to send for some of the Commrs. of the Navy and consider with
them of the severall proposalls, and report to his Lopp. what
they thinke fit to be done. Signed, Wm. Lowndes. Endorsed,
Recd. Read Dec. 6, 1706. 1 p. Enclosed, |
|
635. i. J. Bridger to the Lord High Treasurer. Repeats
proposals of Oct. 18, q.v. Signed, J. Bridger. 4 pp.
[C.O. 5, 864. Nos. 77, 78; and (without enclosure) 5,
912. pp. 207, 208.] |
