America and West Indies
January 1707

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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344-366

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'America and West Indies: January 1707', Calendar of State Papers Colonial, America and West Indies, Volume 23: 1706-1708 (1916), pp. 344-366. URL: http://www.british-history.ac.uk/report.aspx?compid=73735 Date accessed: 23 September 2014.


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Contents

January 1707

Jan.–Feb.690. Permits to 26 ships bound for Virginia, Maryland and the West Indies not to be embargoed there. [C.O. 5, 210. pp. 5–11.]
Jan. 1.
Boston.
691. Governor Dudley to the Council of Trade and Plantations. The Act of Parliament for the incouragement of Naval Stores from these Provinces, is what I earnestly laboured for these 20 years last past, both for the benefit of the Crown, as well as keeping up the consumption of the woolen manufactory of England in the Plantations, and I am now in earnest every where to raise a just reputation of H.M. premium granted to the importers, and have prevailed so farr that in ye last Fleet, there came more tarr and turpentine than in some whole years before; and the Assembly have come into an Act for the just care and survey of what is sent home; and I am in great hopes if these returns are well accepted, it will be the staple of this countrey and they will be further perswaded to go upon the raising of hemp for which we have lands eno' proper, but it is altogether new and will demand some time to bring the countreymen into the proper method of it. Your Lordships have very much forwarded the matter in sending so good and industrious an officer as Mr. Bridger etc. Supports his Memorial Jan. 5.
In the affairs of the masts I have allways kept good guards over the axes and trains in the woods at all times at the Undertakers' request, as well as I shall take the care of Mr. Bridger in his travel that he fall not into the enemies' hands, which is an addition to the charge of these Provinces in the present warr, and would be greivous if it were taken notice of, which as carefully as I can I labour to prevent, lest H.M. service should fail therein. I have at this time about 300 men upon snow shoes looking out for new quarters of the Indians half way between this and Quebeck, having all this warr kept them from their planting ground, and the people are so sensible of the benefit they have by these hard marches, wherein no souldier has more subsistance for 25 days than he carrys out on his back besides his arms, that they are very patient of the service. Signed, J. Dudley. Endorsed, Recd. 24th, Read 28th July, 1707. 2¾ pp. [C.O. 5, 864. No. 187; and 5, 912. pp. 376–378.]
Jan. 1.
Barbados.
692. Capt. Lilly to the Council of Trade and Plantations. I furnished Sir B. Granville with plans and projects relating to the fortification of Barbados, which have cost me a great deal of labour. I desire you will cause them to be called out of his executor's hands, etc. Refers to his letter to the Board of Ordnance Aug. 15, 1706, for an account of what has been done and what he thinks necessary for the security of the Island, etc. Signed, Chr. Lilly. Endorsed, Recd. 14th, Read 17th March, 1706/7. Sealed. Postmark. 1 p. [C.O. 28, 9. No. 95.]
Jan. 1.
New Year's Day, at Noon.
693. Mr. Delafaye to Mr. Popple. Here are some alterations to be made to ye Instructions for Mr. Crowe, wch. will occasion ye writing over 2 half sheets anew; My Lord Sunderland desires you would employ in it yé Clerk in your Office that writ ye Instructions, that ye whole thus amended may be in ye same hand; and his Lordship desires to have it to-night, etc. Signed, C. Delafaye. Endorsed, Recd. Read Jan. 2, 1706/7. 1 p. Enclosed,
693. i. Names of the Councillors of Barbados to be inserted in Governor Crowe's Instructions:—George Lillington, Wm. Sharp(e), Richard Scott, Patrick Mein, Thomas Merrick, Samuel Cox, William Clealand, John Mills, James Colliton, Alexander Walker, Midleton Chamberlain, Thomas Alleyn. ½ p.
693. ii. Additional Instruction. Paragraphs to be added to Governor Crowe's Instructions:—(a) And whereas we have receiv'd from divers of our subjects, who have estates in the said Island, complaints against several of the Members of the said Council for misbehaviour in that station, you shall immediately upon yr. arrivall in the sd. Island, carefully and impartially examine into the grounds of these complaints, and if you find that the said members have given just occasion to such complaints, you shall remove such members from the said Council, and put such others into their room as are not liable to the like exceptions, and are more proper for the promoting of our service and ye good of the Island. (b) At the end of the clause relating to St. Vincents.—You are also to give the like encouragement to the natives of any of our Colonies under your Government, or the countrys thereunto adjoining to quit the enemy's protection and put themselves under ours, and to make it known as far as you can to all those people that are not yet under our Government, that upon application made to the Governours of such our Plantations as lie nearest to them, they shall be receiv'd into our protection and enjoy all Freedom and security under our Government. 1¾ pp. [C.O. 28, 9. Nos. 84, 84.i., ii.; and 29, 10. pp. 372–374.]
Jan. 2.
St. James's.
694. Order of Queen in Council. Approving draft of Instructions for Governor Crowe. Signed, Edward Southwell. Endorsed, Recd. Read Jan. 20, 1706/7. 1 p. [C.O. 28, 9. No. 87; and 29, 10. pp. 387, 388.]
Jan. 2.
St. James's.
695. Order of Queen in Council. Upon petition of Thomas Hodges, the order of the Governor and Council of Barbadoes suspending him from practicing the Law there, is annulled. Signed and endorsed as preceding. 1¼ pp. [C.O. 28, 9. No. 88; and 29, 10. pp. 388, 389.]
Jan. 2.
St. James's.
696. Order of Queen in Council. Repealing Act of Barbados for the continuance of the Assembly. Signed and endorsed as preceding. 1½ pp. [C.O. 28, 9. No. 89; and 29, 10. pp. 390, 391.]
Jan. 2.697. Col. Sharpe to the Council of Trade and Plantations. By the severall papers herewith transmitted under the Seal of this Island, your Lordships will have all the Proceedings of this Government since the late Governor's departure. As the late heats and animosities had miserably divided and distracted this Island, I have and still do find it a matter of great difficulty to heal those breaches: and the more by reason that some Members of the Councill (whose names are mentioned in the depositions and papers hereunto annexed), have been so far from concurring in such measures that they have generally absented themselves from the Councill Board ever since the Governour's departure, tho' always summoned; so that I have been very seldom able to hold a Councill, tho' they have passed by the Councill-House when I have waited for them; and yet they have made a Protest against the Proceedings of this Government, which Protest and an Answer to it is herewith sent. The said absenting Councillors did neither discover any dissatisfaction or absent themselves from the Councill untill I had expressed my desire, that the greivances of the paper money might be remedyed; since which time they have wholly changed their conduct towards me; the benefit of the said Act to Col. Holder being 5l. p.c. per annum out of all the said Bills. In the Minutes of Sept. 14, 1706, which was the last sitting of the said Governor in Councill, your Lordships have 14 Articles, containing the powers and preheminencies which the said Governor and the whole Councill unanimously agreed were necessary to be lodged in the President pursuant to H.M. Commission and Instructions. These Articles were unanimously agreed to by two successive Councills, since the Governor's departure, and on Sept. 14 the oath as President and Commander in Cheif of this Island was administered to me by the Councill. I have lately had Addresses made to me, one from the Grand Jury, the rest from about 1700 of the principal Inhabitants, praying a dissolution of the Assembly, and a remedy against the paper money (enclosed). I had on my first entrance on the Presidentship recommended that matter with others to the consideration of the Assembly; but finding that nothing to the purpose would be affected by them, sometimes by not making a House, and sometimes by long adjournments, and finding it to be the general desire of the people to have a new Election of Assembly-men, I took the opinion of Mr. Cox and Mr. Walker, Members of Councill, who did attend with me in Councill, and they concurred with me in opinion, that nothing could conduce more to the good and quiet of this Island than a dissolution of the Assembly. I likewise took the opinion of H.M. Councill learned in the Law, whether by the late Act of this Island for a Triennial Assembly, I had power without a full Councill to dissolve the Assembly, and had their opinions, that by vertue of the said Act I might, which Minutes of Councill and opinions are likewise sent; whereupon I did accordingly issue a Proclamation to dissolve the said Assembly, and have since issued writts to call a new one. By the Act for Elections, all the writts are to be publish'd in one day, but Col. Cleland, Col. Colleton and Col. Holder having refused to publish the writts directed to them, have thereby as far as in them lay, made a breach of that Law. The late Court of Grand Sessions was held by Justices, who were put into the Commission of the Peace by the late Governor. By the Report of the Cheif Justice of the said Court, and by about 40 depositions, confirming the truth of the said Report, your Lordships will observe with what violence a ffaction in the said Court carryed matters, so far as to assault the Cheif Justice on the Bench, and to have brought it almost to a general massacre in the said Court, which at that time might have occasioned a generall one throughout the Island. I have good reason to beleive that the great disturbance raised in the said Court by a party adhering to Col. Holder, was to prevent a Grant Jury from presenting some of the greivances of the Island, and particularly relating to the paper-money, as by the deposition of Col. Merring sent with the rest appears. Your Lordships will likewise thereby see who were the persons principally concerned in it, and will be pleased in due time to give directions concerning them. It appears by the said report and depositions that Col. Holder affirmed it to be as criminall and a parralel case to question whether he were a legall Member of H.M. Councill of this Island, as to question whether H.M. were rightfull or lawfull Queen, and repeated these and the like words with great heat and violence severall times, and by the strength of a party adhering to him in the Court, got it voted that Mr. Hodges, a Barrister at Law, who in pleading for his clyent, had offer'd his reasons to prove that Col. Holder was not a legall Member of the Councill, was thereby guilty of a great crime, and ought to be fined, the said Coll. dictating the question in writing, tho' he was no Member of the said Court. Before the fine was sett, Mr. Hodges by petition prayed my Order to stay the proceeding of the said Court against him, till he were heard before me in Councill, offering therein to prove that Col. Holder was not legally constituted a Member of the Councill, which Order I granted, and that matter still remains undetermined, but is appointed for next Councill day. On this occasion all the other Barristers at Law delivered a representation of the said matter to me, setting forth the wrong thereby done to Mr. Hodges, to the profession of the Law, and to all the Queen's subjects in depriving them of the benefit of Councill to plead for them; and concluded with their thanks to me for the said Order, as by the representation herewith sent appears. I have likewise sent depositions of the said Barristers etc. by which it appears that the said Mr. Hodges in speaking to the said matter did behave himself with all due modesty and respect to the said Court. John Sandford and John Dorn Esqs., two of the persons concern'd in the said riot, and assault of the Cheif Justice, and by the said Court committed for the same, have been since bayled by Thomas Alleyne, one of the Judges of this Island, who was in some measure concerned in the same riott and opposing the Cheif Justice, etc. Refers to enclosures. I had the opinion of the Attorney Generall, and all the other Councill in the Island, that persons committed by a Court of Justice for a contempt to the said Court and breach of the peace, were not bailable, but your Lordships will best judge of this matter. I have appointed the Councill to meet on Tuesday next, and will then communicate H.M. severall Orders to them. On Monday following the Assembly is to be elected, so soon as they can meet, I will also acquaint them with H.M. Orders; and will do all that is possible for me to have them fully obeyed; of which I have no reason to doubt, since those Orders have been received here with the universall joy and satisfaction of the people. I have done nothing without the advice of those Members of H.M. Councill who would attend their duty; I have transacted nothing but what I had the previous opinions of all the Barristers at Law I might do. All my proceedings have given universall joy and satisfaction to H.M. subjects (those very few excepted whose interest was involved with the paper creditt), and therefore I humbly presume I shall have the honour of your Lordships' approbation. Signed, Wm. Sharpe. P.S.—I find myself so straitned in time by the Pacquet-boat, that I cannot now finish my intended answer to the above-mentioned protestation of Col. Cleland etc., and therefore send an answer some time since writt by a person here, wch. contains some part of what I have to offer in answer. I have since received a protest from them against the dissolveing of the Assembly, which with my answer I intend to send by the next Pacquet. Endorsed, Recd. 14th, Read 17th March, 1706/7. Enclosed,
697. i. Copy of Presentment of the Grand Jury of Barbados to Samuel Cox, C.J. That the Freeschoole already founded be finished, and care taken of encouraging those who undertake the education of youth. (2) That a mould and harbour for careening shipping be provided. (3) That the streets of Bridge Town be cleaned and paved, and some officer appointed to remove all stinking provisions and other nuisances out of the town. (4) That the Justices for the parish of St. Michael be empowered to remove all tottering buildings etc. (5) That the Vestries of the parishes be empowered to lay any additional tax they shall think propper for prepairing the highways. (6) That the respective parishes that use the ways leading to the several towns pay 1d. per acre for amending the said ways. (7) That care be taken that H.M. ships may not carry off any person without a legal ticket as the Law directs. (8) That the paper bills be put on a better foot, itt being att 40 p.c. exchange worse than silver, and att a much higher rate in barter for all commodities, and yet in all payments forced on the creditors att par. Signed, Nicholas Edwards, George Keyzar, Benja. Wright, Henry Carl, Hillary Row, George Leech, John Combes, Alex. Paris, Hugh Howell, Saml. Maynard, Giles Hall, Robert Arnoll, William Godman, Anthony Lane, Thomas Terrill, Lawrence Hide. 3½ pp. Enclose following addresses.
697. ii. Address of the Grand Jury to President Wm. Sharpe. The trade is reduced to a very low and miserable condition, and many of the inhabitants have departed. Many others will do the like unless the following discouragements under which they lye may be removed. (1) They are obliged to receive Paper Bills, which carry no interest to the receivers, but an interest of 5 p.c. per annum to the issuer. They are the more grievous by reason they are to charge and affect all persons' estates who do first borrow and take them up, so as to take place from the day the Act was passed before all judgements and other incumbrances since the date of the Act, att what distance of time soever the said bills should be after taken up. By reason of which and because it is not publickly knowne what summes are so borrowed and by whom, noe person can tell whom he may safely creditt with goods or money, nor of whom he may safely purchase any estate. Pray the Council and Assembly to address H.M. to raise the value of silver, so that a piece of 8 of 12 dwt. may pass for 5s., which will bring coin to the Island.
The great trust and power of makeing what paper money he shall think fitt being lodged in one person without controul seems to be of dangerous consequence, and lessens the credit of the bills, many of which having been issued without dates gives great cause to suspect that the said trust is not managed in such manner as the weight and consequence of it requires. Demand a new election of Assembly. The severe duty of guarding the coast as it is now practiced lyes very heavy on the poorer sort of inhabitants. If effectual care were taken that persons who are impowered to issue executions for defaults in the militia should issue them in an equall and impartiall manner without makeing such power subservient to their private interests and passions, it would very much contribute to the quiet and prosperity of this Island. If the power of receiving in the publick taxes were equally and impartially executed, it would very much contribute to the prosperity of this Island, etc. After the deplorable heats and animosities which have of late been in this unhappy Island, nothing can so effectually restore us to our former happy and flourishing condition as a general reconcilement. Praise the President. Signed as preceding. 3½ pp.
697. iii. Address of Grand Jury of Barbados to the Queen. Return thanks for protection lately given by Sir John Jennings, Rear Admirall of the Blue Squadron. Praise the President, Wm. Sharpe. Congratulate H.M. on her victories. Signed as preceding. Endorsed, Recd. 14th March. 2 pp.
697. iv. Representation of Wm. Cleland, James Colleton, and John Holder, Members of Council, to Wm. Sharpe, President. Deny the Council's power to give the President a negative voice to laws, etc. The whole Council have the Government and Chief Command, and whatsoever officer they appoint in the Militia cannot be called Commander in Chief of this Island, but may have the chief command of the Militia under the Council. Sir B. Granville himself could not depute this power. When we consented to the Minutes of Councill entered before he left, we were assured that the President would not take upon him to exercise any such power, and that what was then done was intended only as a piece of respect to him, which if we did not agree to wee were told we should all fall to pieces. But seeing the President has executed a power beyond even what is expressed in the aforesaid Minutes, we think it high time to declare our dissent to his executing any such power, and protest against any further executeing H.M. Commission than has hitherto been used by former Presidents, etc. Executing the laws already made seem by the Commission to be more our province than makeing new projects, dissolveing the Assembly, createing a Councellour, removeing of officers and the like. We ought to support the Paper credit, etc., and make good laws for mending highways and the mole, removing nuisances, laying equal taxes and easing the poor etc. Justice should be administered freely, and occasion not given for the suspicion that corruption prevails etc. But as yet we have little hopes of comeing to this good state, being surprised to find by a paper sent to us by the President's order that we're threatened with a suspension in case we're absent this day, and have also been credibly informed that last Tuesday this paper was warmly proposed in the Councill Chamber to be published by beat of drum, but was opposed by two members, there being in all but four present. This we take to be extraordinary proceedings and coram non judice, for we adhere to this opinion, that the Government is in the Councill and ye President hath the Chair and is an honble. Member of the Councill, and that therefore any number under 5, which is the majority of the members now upon the Island, cannot make a Councill etc. and without wch. number the President hath already refused to act. Such proceedings against us was therefore usurping a power unwarrantable, etc. We alwaise have and shall be ready to attend the Councill and discharge our duty, unless in cases of sickness, which was the cause of our absence last Tuesday. It savours much of pique and private designe to offer at a suspension upon so slight an occation, especially it being the first time that one of our members was ever absent, etc. Dec. 3, 1706. Signed, Wm. Cleland, James Colleton, John Holder. Copy. 9 pp.
697. v. Observations on the above Representation. On Sept. 4, 1706, Governor Sir. B. Granville in a full Councill, and by all their consents settled the Government, before his departure, in 14 articles, which have been twice unanimously confirmed in a full Councill Sept. 14 and Oct. 1. On Sept. 14 the President was sworn C. in C., since which he has several times summoned the Council to sit, but could not proceed on any business because a sufficient number did not attend. The first failure was Nov. 14, and again Nov. 26, James Colleton and John Holder refusing to come, pretending they were ill, although they were a great part of that day publickly about the town of St. Michael's, and passed by the place where the President attended for them. On 27th severall of the Councill did again fail of their attendance, so that no Councill could be held, and this when a pacquet boat from England attended for dispatch. Whereupon the President and Members attending, having credible information that the said Members did absent themselves designedly and were resolved to continue so to do, agreed that the Councill should be adjourned to Dec. 3, 1706, and the absenting Members have notice, and that unless they attended, the President and attending Members would proceed according to H.M. Instructions to swear so many other Members as should enable the Government to act. This notice had so good effect that they attended the next sitting, to the great satisfaction of the President and other Members, who are very sensible they are not to have recourse to extraordinary means for the support of the Government, but where the ordinary fail. On this occasion the above Representation was delivered. Their contentions are argued, and inconsistencies pointed out. Endorsed, Recd. March 14. 6 pp. [C.O. 28, 9. Nos. 94, 94.i.-v.; and (without enclosures) 29, 10. pp. 406–417; and (duplicates of Nos. iii., v.) 28, 43. Nos. 11, 16, 17.]
Jan. 2.
Barbados.
698. Col. Sharpe to Sir Charles Hedges. Duplicates of preceding letter and Feb. 9. No. iii. [C.O. 28, 38. Nos. 59, 60, 61.]
Jan. 2.
Barbados.
699. Same to [? the Earl of Sunderland]. Congratulates him upon H.M. favour, and repeats gist of preceding. Signed, Wm. Sharpe. 3 pp. [C.O. 28, 38. No. 58.]
Jan. 2.
Barbados.
700. Depositions of Thomas Affleck, Wm. Grant, and Wm. Gordon that Col. Holder was out and in good health on Nov. 26. Copies. 2 pp. Enclosures in preceding. [C.O. 28, 43. No. 12.]
Jan. 2.
Barbados.
701. (a) Deposition of John Merring. John Sandford told him that he thought it but reasonable that there should be 5 or 6 persons on the Grand Jury, such as he should approve of, to make an equality for disputing the continuance of the Paper Act etc. (b) Deposition of George Church that Josias Tuckerman, Minister of St. Lucy's Parish, said the President was a rogue and had no more power than his—, etc. Copies. 2 pp. Enclosures in preceding. [C.O. 28, 43. No. 15.]
Jan. 2.
Barbados.
702. Mr. Hodges to Wm. Popple. Returns thanks for the recommendation of the Board. Encloses following, to be laid before the Board. Signed, Tho. Hodges. Endorsed, Recd. 17th, Read 19th, March, 1706/7. 1 p. Enclosed,
702. i. Same to the Council of Trade and Plantations. On Dec. 13, 1706, at a Court of Grand Sessions in Barbados, I was of Councill for one Margaret Coe, who was indicted on the Act for a Paper Credit. I objected to a Juror, being instructed that he was returned by John Holder as a Member of H.M. Council. I offer'd to give my reasons why Holder was not legally constituted a Member of Council, but he and his party on the Bench raised so great a clamour that I was not suffered to proceed, Holder often saying that it was as criminall to question whether he was a legall Councillor as to question the Queen's title to the Crowne, and dictated to the Court a question whether I should be fined for offering this objection in open Court, and my behaviour thereupon. 29 voted that I should, 25 against, of which number the Chief Justice was one. I petitioned the President to stay proceedings until the matter should be heard in Council, offering to prove what I had alleged. My petition was granted, but the appeal remains undetermined. My objection is, that when Sir. B. Granville put Col. Holder in, there were already eight Members of Council in the Island, etc. Signed, Tho. Hodges. Endorsed as preceding. 2¾ pp.
702. ii. Copy of proceedings of the Court referred to in preceding. Names of the Members of the Court with their votes as above. Endorsed as preceding. 2¾ pp.
702. iii. Remonstrance of Wm. Rawlin, Attorney General, Wm. Walker, James Cowse, John Peers and Richd. Carter, barrister at law, to the President, in favour of Mr. Hodges, as above. Endorsed as preceding. Copy. 2 pp.
702. iv. Deposition that Hodges behaved as described above, with all due modesty and respect etc., and said nothing but what was lawfull and fit etc. Signed, Wm. Rawlin, Wm. Walker, John Peers, Richard Carter. James Cowse being ill, his affidavit was not taken. Same endorsement. 1 p. [C.O. 28, 9. Nos. 97, 97.i.-iv.; and (without enclosures) 29, 10. pp. 421–423; and (duplicates of ii., iii.) 28, 43. Nos. 13, 14.]
Jan. 3.
Whitehall.
703. Earl of Sunderland to the Council of Trade and Plantations. Amongst the papers carried yesterday to the Council to be laid before the Queen, there was one from your Board in behalf of Col. Lambert to be Lt. Governor of Nevis, which I was surprized to find, having never seen it, or heard anything of that matter from you before. I thought it had been usual to acquaint the Secretary of State with all business that relates immediately to his Province before it be brought to the Council; I am sure it is so reasonable that I may very well expect it: Therefore I must desire it may be so from you for the future. Signed, Sunderland. Endorsed, Recd. Read Jan. 3, 1706/7. 1 p. [C.O. 323, 6. No. 24; and 324, 9. pp. 133, 134.]
Jan. 3.704. Mr. Churchill to [? W. Popple]. Whether of course all Governors abroad complaine of great hardsps., I know not; but Coll. Park has wrote me a dismall acct. of the dificultys he labours under by the poverty of the Leeward Islands, and the excessive price of all necessarys for humaine life there etc. Prays H.M. approval of Acts of Antego and St. Kitts granting him a settlement amounting to 400l. per annum, etc. Signed, Wm. Churchill. Endorsed, Recd. Read Jan. 7, 1706/7. 1 p. [C.O. 152, 6. No. 70; and 153, 9. p. 438.]
Jan. 3.705. Heads of Complaints exhibited to this Board against several of the Council of Barbadoes, delivered to the Earl of Sunderland. Repeats No. 612. 1½ pp. [C.O. 28, 9. No. 85; and 29, 10. pp. 375, 376.]
Jan. 3.706. Solicitor General to W. Popple. I have carefully perus'd the Laws of Maryland recd. from you, but very many of them referring to Laws formerly pass'd in Maryland, I am very unwilling to make any report upon the Laws I have now by me till I can have the perusal of the Laws referred to. There are many other Laws in the book, which now lyes by me, which make it absolutely necessary for me, in order to the makeing my report, to desire that I may have the perusal of the several Laws which have bin pass'd in Maryland since the Revolution, and which have been approv'd of in this or the last reign. Mary Land, being originally a proprietary Governmt., I would willingly see the coppy of the first Charter, and of the Act or Instrumt. for resuming the Governmt. by the late King. If you can transmit these things to me, in a week's time I can return them with the book of Laws I have by me, and my report thereupon, but I must then desire I may have them as soon as may be, it being now vacation-time. It has been some inconvenience to me that I have not seen you since I desir'd Mr. Borrett to acquaint you that I had some occasions to speak with you. Signed, Sim. Harcourt. Endorsed, Recd. Read Jan. 7, 1706/7. 1½ pp. [C.O. 5, 716. No. 19; and 5, 726. pp. 399, 400.]
Jan. 4.707. Instructions for Mitford Crowe, Governor of Barbados etc. See C.S.P. 1705, No. 1113.i., and 1707, No. 693. [C.O. 29, 10. pp. 216–347; and 319, 1. pp. 141–179.]
Jan. 4.
Whitehall.
708. W. Popple, jr., to Mr. Penn. The Council of Trade and Plantations desire to speak with you and Mr. Willcocks at the same time etc. [C.O. 5, 1291. p. 429.]
Jan. 5.
Boston, New England.
709. Mr. Bridger to the Council of Trade and Plantations. Since my last, i have been travaling southward above 60 miles, where i find great quantitys of very good masts, but are left without any care as to the preservation of them. I would have appointed a Deputy, but must have your Lordshipps' aprobation. 30l. per annum will be enough at this place. As to Piscataqua, there cannott be less than 3 Deputies, at the 3 great rivers, at 50l. per annum, for there all the great masts are cutt, and by all there have been such a distruction and wast made by the people there, that 'twill be a worke of very great dificulty to bring those people to any tolarable method. I have daily complaints made to me wch. obliges me to go thither tho' 'tis very dificult travaling by reason of the snows and Indians. I have ordred 3 persons—Richd. Waldron, Iccabod Plaisted, and Robert Coffin—to take care of the logging, for they cut all down wherever they come for boards.—Prays that their salaries may be paid to him and that he may be allowed travelling expenses as in former letter. The people are generally inclined to promote the raising naval stores, and have given me leave to move the next Assembly to the passing any Law that I think may promote the undertaking. If I had power to survey all H.M. land, 'twould be of great concequence, for here is a great many thousand acres possessed without any rights etc. Signed, J. Bridger. Endorsed, Recd. 24th, Read 28th July, 1707. Holograph. 2¼ pp. [C.O. 5, 864. No. 190; and 5, 912. pp. 381–384.]
Jan. 6.
London.
710. Mr. Dummer to W. Popple. Sailings of Jamaica packet-boat. Out and home, 106 days. Sir J. Jennings was not heard of at ye Carribee Islands. Nevis begins again to looke in a good condition, they don't apprehend any insult from the French: But are informed from Martinico, Guardalupa and St. Thomas that those people fear a descent upon themselves. Those Islands are very healthy, but complain that all their money is gone, and much murmuring is at Barbadoes on that account. Nothing material comes from Jamaica. Commerce with the Spanyard hath been but small of late. Commodore Kerr's ships have been very sickly, having lost 300 men, but are recovering and preparing for a cruize. So has this packet-boat, having lost 10 men in the voyage etc. Signed, E. Dummer. Endorsed, Recd. Read Jan. 7, 1706/7. Addressed. Sealed. 1 p. [C.O. 323, 6. No. 25.]
Jan. 6.
Whitehall.
711. Earl of Sunderland to Governor Crowe. Being inform'd that Mr. Steele, a Gentleman belonging to H.R.H. family, has an estate in Barbados legally conveyed to him by his late wife, I desire you will not let him suffer by his absence etc. Signed, Sunderland. [C.O. 5, 210. p. 7.]
Jan. 7.
Whitehall.
712. Same to Governor Parke. I have received your of Oct. 4 and 31, and will make the best use I can of the infor mation you give me for H.M. service. I find the present conditio of the people under your Government requires your utmost discretion, temper and humanity, which I question not but you will show on all occasions, as I shall endeavour on my part to promote everything that may contribute to their relief and safety, according to the advices I shall receive from you. Signed, Sunderland. [C.O. 5, 210. p. 7.]
Jan. 7.
Whitehall.
713. Earl of Sunderland to Mr. Sharpe. Thanks for account of Barbados etc. Signed, Sunderland. [C.O. 5, 210. p. 18.]
Jan. 7.
Whitehall.
714. Same to Governor Handasyd. Acknowledges letters of Sept. 16 and Oct. 25. I am to commend your discretion and diligence in giving notice to the Spanish Governors of the French designs etc. I desire you will continue to give me information at large of all affairs that relate to your own Government, and of any remarkable occurrences in other parts of America that shall come to your knowledge. I am sorry to find (Nov. 19), that the Assembly have made any Bills that according to H.M. Instructions you ought not to pass, but can say nothing farther of 'em till you have sent me over copys, which I desire you to do by the first opportunity, and when you have any news I think you ought rather to referr the Committee of Trade for it to the Secretary of State, than to send him thither for his Information. I shall always have a particular regard to those you recommend to me, and will let you know by the first opportunity H.M. pleasure in relation to the persons mentioned in your last. Signed, Sunderland. [C.O. 5, 210. p. 19.]
Jan. 7.
Whitehall.
715. W. Popple, jr., to Sir Simon Harcourt. Sends Laws of Maryland as requested Jan. 3. I have been three times at your Chambers, but had not the good fortune to find you there. There was no Instrument for resuming the Government of Maryland, but what is express'd in the Preamble of Col. Copley's Commission. Copy enclosed. [C.O. 5, 726. pp. 400, 401.]
Jan. 10.716. Merchants of Barnstaple and Biddiford trading to Ferreland to the Council of Trade and Plantations. Return thanks for convoy, which proved very beneficial. Pray that Ferreland may be fortified and a man of war yearly attend and guard that harbour. The fishery is much decayed. In Ferreland and the adjoining harbours the inhabitants, who once kept 86 boats, now keep only 7. etc. 30 signatures. Endorsed, Recd. 10th, Read 24th Jan., 1706/7. 1 p. [C.O. 194, 4. No. 13; and 195, 4. pp. 357–359.]
Jan. 13.
St. Christophers.
717. Governor Parke to the Council of Trade and Plantations. Repeats gist of Jan. 19. I am finishing the workes. I don't think, except what the officers have, there is 10 swords in the whole Island, etc. The best way to preserve these Islands would be to distroy Martineque, or take Porto Rico, and settle all the inhabitants on that one Island; the advantage of the sugar-trade would more than countervail the charge, and as it might be order'd, it might be done wth. little charge; the people of New England, New Yorke, Road Island, etc. would gladly send a good number of men as volunteers, for they are allmost undone by haveing all their vessells in a manner taken by the privateers of Martineque, etc. Signed, Daniel Parke. P.S.—If the Queen will not spare English troops, send us 10,000 Scotch, etc. as No. 723. If they chuse out all zealous kirkmen, I promise they shall never trouble the Queen's affairs more; if they do not take Martineque, I will gett them disposed off, and I think that will be some service. Endorsed, Recd. 14th, Read 17th March, 1706/7. 2¾ pp. Enclosed,
717. i. List of Stores of War left by Sir J. Jennings at St. Kitts, Dec. 23, 1706. Endorsed, Recd. March 14, 1706/7. 2 pp.
717. ii. List of Stores of War at St. Kitts before Sir J. Jennings' arrival. Endorsed as preceding. 1 p. [C.O. 152, 6. Nos. 77, 77.i., ii.; and (without enclosures) 153, 9. pp. 467–470.]
Jan. 13.
Whitehall.
718. Council of Trade and Plantations to Lord Sunderland. Reply to Jan. 3. We shal be very ready at all times to comply, it being very reasonable that your Lordp. be fully informed in all those matters from us that come before H.M. [C.O. 324, 9. p. 134.]
Jan. 14.
Whitehall.
719. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M.
719. i. Council of Trade and Plantations to the Queen. Report upon the petition of the Council and Assembly of Barbados. If the 4½ p.c. were collected in Barbados and disbursed there for the fortifications and other uses of the Island, the danger of the seas might in a greater measure be avoided, and some charges saved, as petitioners suggest; but whether it be most convenient to make the alteration desired, or to continue the remittance of the said Duty to your Majesty's Exchequer, as is now practised, we humbly conceive is best known to the Officers of your Majesty's Revenue. The said Councill and Assembly, having represented the weak condition of their Militia and thereupon prayed that your Majesty will be graciously pleased to order a full Regiment for the defence of that Island, and that for the further support of that Regiment they were passing an Act for appointing free quarters as an addition to your Majesty's pay, we do humbly represent that the danger to which Barbados is exposed during the war does require a regular and disciplined force, as well for the immediate preservation of that important Island, as because it lying most to windward, the forces sent thither may conveniently succour your Majesty's other Charribbee Islands in case of distress. [C.O. 29, 10. pp. 383–386.]
Jan. 16.720. Order of the House of Commons. The Council of Trade and Plantations are to lay before the House a state of the Newfoundland Fishery. Signed, Paul Jodrell, Cl. Dom. Com. Endorsed, Recd. Read Jan. 17, 1706/7. ½ p. [C.O. 194, 4. No. 1; and 195, 4. p. 329.]
Jan. 17.
London.
721. Merchants trading to Newfoundland to the Council of Trade and Plantations. Pray that the convoy may sail the first fair wind after March 10. The fishery has decayed through the late arrival of the fishing ships owing to the convoy not sailing till April or May. Commanders of ships and inhabitants of Newfoundland praise the care and indifatigable dilligence of Capt. Lloyd. Signed, Solomon Merrett, Charles Houblon, and 23 others. Endorsed, Recd. 17th, Read 24th Jan., 1706/7. 2 pp. [C.O. 194, 4. No. 14; and 195, 4. pp. 360, 361.]
Jan. 18.722. Mr. Perry to Mr. Popple. Encloses following. Endorsed, Recd. Read Feb. 12, 1706/7. ½ p. Enclosed,
722. i. Mr. Bassett to Mr. Perry. Announces death of our good Governor [of Virginia], Aug. 23. A greater loss could not have happened to this poor country, for it seemed to me his whole studdy was to doe everybody justice, and soe clear from the least shaddow of parsiallity, that in a little time he would have healed all those unhappy differences that have of late made us uneasy, and united us again to be one people etc. Prays to be omitted from the Council in the new Governor's list, on account of his health and private affairs, etc. Signed, Wm. Bassett. 1¾ pp. [C.O. 5, 1315. Nos. 42, 42.i.; and (without enclosure) 5, 1362. p. 100.]
Jan. 19.
St. Christophers.
723. Governor Parke to Mr. Secretary Hedges. The sickness at Nevis is abated. Sir J. Jennings has left us some stores (a scedule enclosed). The musketts he left are of no great use to us, they are very short, they are serviceable on board tho' not on shore, we are in great want of musketts and ball and swords, bayonets and catuch boxes. I hope the store ships that are comeing will supply us. The French threatened to take me and this Island before New Year's day, and to keep the Island; I had an acctt. from St. Thomasses of their designe, and put the Island into the best posture our cyrcomstances were capable off, and continued myselfe uppon it; severall slupes lay hovering about the Island, but they did not think fitt to land. I am finishing the workes, when they are done, I hope this Island will be secure against any American fforce, and I hope you will imploy them so in Europe they will have no leisure to send any from thence. The only way to secure these and the other Islands will be to take Martineque. Send me over tenn thousand Scotch with otemeal enough to keep them for 3 or 4 months, lett them be well provided with armes, wee will make what men we can(e) here, and if I might have leave, I would go to the Contient and gett some there, and lett us try our ffortune, if wee take it, we will have the plunder, the Scotch shall have the Land, in time the warm sun will exhale all those crudeties that makes them so troublesom, and 'tis not impossible but it may have the effect to make them of a more sociable Religion; if we have not success if you chuse out those that are so zealous to maintain the Kerke and against the Union: if I gett them all knock'd on the head, I am off the openion the English Nation will be no great loosers by it. I think this no ill project, the Queen venturing nothing but a few armes and otemeal, and 'tis possible may for ever preserve her Islands here, and gain a very considerable one, and wth. it the sugar trade, etc. If this won't do, we can go take the finest Island in America, wch. is Porto Rico, etc. I will dispose of the Scotch for you there; 'twill be a better settlement for them than their beloved Darien. Prays for a letter by every packet. Signed, Daniel Parke. 3¼ pp. [C.O. 239, 1. No. 19.]
Jan. 22.724. Mr. Thurston's Memorial of the necessaries to be sent to the garrison at Newfoundland. Set out, Acts of Privy Council, II. pp. 512, 513. Endorsed, Recd. Read Jan. 22, 1706/7. 2 pp. [C.O. 194, 4. No. 12; and 195, 4. pp. 338, 339.]
Jan. 22.
Whitehall.
725. Council of Trade and Plantations to the Board of Ordnance. Pray for an account of the charge of maintaining the forts and garrison of Newfoundland, to be laid before the House of Commons. [C.O. 195, 4. p. 340.]
Jan. 23.
Whitehall.
726. Council of Trade and Plantations. Report upon Newfoundland in pursuance of Order of the House of Commons, Jan. 16. Repeat previous accounts showing increase in 1706 over 1705, in fishery and inhabitants, etc., cost of garrison, proceedings of the Board during the year, etc. and the most notorious abuses in the fishery reported by Capt. Underdown. [See Nov. 11, 1706.] Concludes: For the prevention of which irregularities. we take leave to offer that a power be given, by a clause in an Act that shall be passed, to the Commanders of H.M. ships of war, that shall come into any Harbour in Newfoundland, to lay fines and penalties upon offenders against the Newfoundland Act, according to the nature of the offence committed, such fine not exceeding 5l. sterl.; and that a power be likewise given them of confining such offenders in case of non-payment, such confinemt. not exceeding the space of ten days. We further humbly offer that the Commanders of H.M. ships may have the power of a Custom-house officer to search the New England ships upon their coming, and to take an account of the number of their seamen and passingers, and to take bond from each of the masters, that they shal not carry away a greater number of men than they brought, which we hope wou'd in a great measure prevent the irregularities committed by the New England Traders. [C.O. 195, 4. pp. 341–357.]
Jan. 24.
Office of Ordnance.
727. Board of Ordnance to the Council of Trade and Plantations. Enclose following in reply to letter of Jan. 22, "received about 4 o' clock this afternoon." Signed, C. Musgrave, Ja. Lowther, Ja. Craggs, Wm. Bridges. Endorsed, Recd. Read Jan. 27, 1706/7. 1 p. Enclosed,
727. i. Account of the charge of the Engineers, gunners etc., repairs of fortifications and stores of war sent to Newfoundland, 1705 and 1706. Total, 7,486l. 17s. 1d. ¾ p.
727. ii., iii. Account of stores referred to in preceding. 4¼ pp. [C.O. 194, 4. Nos. 15, 15.i.-iii.; and (without enclosures) 195, 4. p. 362.]
Jan. 24.
Whitehall.
728. Council of Trade and Plantations to the Earl of Sunderland. Enclose extract of letter from the President and Council of Virginia shewing the expediency of a convoy to be speedily sent as recommended Dec. 20, 1706. [C.O. 5, 1362. pp. 91, 92.]
Jan. 27.
London.
729. S. Merrett and other Newfoundland Merchants to the Council of Trade and Plantations. Memorial concerning French prisoners there. See Journal of Council of Trade. 8 signatures. Endorsed, Recd. Read Jan. 27, 1706/7. 1 p. [C.O. 194, 4. No. 16.]
Jan. 27.730. Mr. Feild and Mr. Wyeth, on behalf of their Friends called Quakers in Connecticut, to the Council of Trade and Plantations. Complain of several laws of Connecticut as inconsistent with the Laws of England and their Charter, and pray for their repeal. Signed, Jos. Wyeth, John Feild. Endorsed, Recd. Read Jan. 27, 1706/7. 2½ large pp. [C.O. 5, 1263. No. 130.]
Jan. 28.731. Sir T. Laurence to the Council of Trade and Plantations. Pursuant to your Lordships' late order I have carefully examin'd the Journals of Council and Assembly of Maryland, April, 1706, etc. I am very much surprized to find that the Governor, instead of endeavouring to rectify the mistake relating to the taking away the Ordinary licences from the Secretary's Office, or giving his reasons, pursuant to your Lordships' letter, hath only communicated to the Council in Assembly my Petition to H.M. and one of your Lordships' letters, which he sent down to the House of Delegates, not only without any recommendation for redress, but rather with encouragement and advice to assert their reasons for having passed that Law, or else they must expect H.M. dissent thereunto, but how far the reasons now drawn up by their Committee of Laws for taking away the Ordinary Licences from H.M. Secretary's office, reported to the House of Delegates, and concurred to by them, and sent back to the Governor in Council (where it appears not by the Journal that he was present), will include his assent, he not having been pleased to send any reasons of his own, or will justify his having passed that Law, or answer your Lordships' demands for an account of his so doing, I leave to your Lordships' prudent consideration. As to the Committee's Report (1) I know not but that it may be true that in 1662, the Law for setting up Ordinaries was first made, and perhaps without fee, since the Colony and Government had not long before been tolerably peopled and settled. (2) It may be true, that in 1678 the first Act might pass which appointed a fee of 2,000 lb. of tobacco yearly to be paid by each Ordinary Keeper at the seat of Government, and 1,200 lb. tobacco in all other places to the Lord Baltimore, for advancing the Revenue of the Lord Proprietor, and therefore for the support of the Government, which having been by him first settled on the Secretary's Office, was with all other parts of the Publick Revenue (given for that end) in 1691 yielded by him up to the Crown; and as it is true that his Lordship, with the consent of the Assembly, did settle certain fees and perquisites upon each respective office of the Government, so did he assign the benefit of the Ordinary Licences to the Secretary's, but not, as it is pretended, by meer favour to them, as his relations, but by an advantageous exchange for the Naval officer's fee of 40s. for the entrance and clearing of each ship trading to Maryland, which the Secretaries before enjoy'd, and which his Lordship oblig'd them to quit for the Ordinary Licence fee. (3) It is true that Col. Lionell Copley coming into the country with his late Majesty's Commission, before the Secretary arrived, and designing to get what he could, and intending the suppression of the Secretary's Office, did perswade the Assembly in May, 1692, to give unto himself both the benefit of the Ordinary Licences, and also that of the Naval Office, by two Acts then passed to that purpose, both which at several times had belonged to the Secretary's Office, and this I did assert in my humble Petition to his late Majesty, and with it sent home the proofs thereof the latter end of 1692, but went not then my self, as is wrongly alledged. But that upon my Petition, the said Act for Naval officers' fees (then given to the Governor) was dissented to by the King, and ordered to remain as a perquisite to the Secretary's Office, is utterly false in fact, as is evident by your Lordships' own Report, confirmed by H.M. Order in Council, March 2, 1692/3, and is notoriously known to all the Council, and especially to all the Governors of Maryland, who pursuant to the said Order of Council and the Act of Assembly of 1692, confirmed by it and by an Act of Parliament, have ever had the Naval Office vested in them and have received the profits thereof; which falsity of fact could never have passed the notice of the Governor and Council, had those reasons been read and agreed to by the Honourable— as Mr. Bladen, the Clerk of the Council, either by mistake or artificially has either affirmed or denyed. As strange and untrue it is, which the House of Delegates affirms, that they do not find any Order from the King and Council, that the Ordinary Licences should or ought to be a perquisite of the Secretary's Office, since your Lordships by that very Order were pleased to advise his late Majesty that the Act for regulating Ordinaries, whereby the benefit of Licences for Ordinaries is given to the Governor (Copley), may be disallowed by H.M. for this very reason, that you were satisfied (by the proofs sent with the Petition), that they formerly belonged to the Secretary; and his late Majesty, upon your Lordships' Report having actually set aside and disallowed the said Law, does manifestly declare that he was of opinion that it was not in the power of the Assembly to give the profits arising from those Ordinary Licences to whom they pleased. (4) Upon the said Order of March 2, 1692/3, being brought into Maryland the latter end of 1693, the very next Assembly in the same year (as I take it) under Governor Nicholson, by an Act pursuant to the said Order did settle the benefit of those Ordinary Licences upon the Secretary of Maryland for the time being, from three years to three years, and continued so to do until Oct., 1703, which plainly shew against themselves that they thought they were limited and restrained to settle them as they had done, in obedience to the said Order, nor does the enacting of that Law from three to three years make any difference in the right or power in disposing of that fee at their pleasure, but rather confesses in four Assemblies the limitation of their power; but that that Law and that other Law made for the settling and declaring the certain fees of the officers of the Government were not made perpetual (as perhaps the respective Governors might and ought to have done, according to their royal Instructions), hath given an occasion to the Assemblies to attempt the making the fees of all offices precarious and uncertain, and to myself of another last complaint to your Lordships against the Governor and the Assembly held in Dec., 1705, for taking away at least 7,000 lb. of tobacco yearly of the old Provincial Court and Land Office fees, none of the other offices being touched, of which complaint the Governor has taken no notice, nor applied any remedy, which practice will soon discourage any Gentleman to seek for that office. (5) As to the Committee of Laws refusing, in April, 1704, to receive the Secretary's reasons offered them against the Bill, themselves confess it, by saying it was given them in charge by the House of Delegates (who, indeed, had voted that they would not recede from their resolve), and therefore that the Committee could not act contrary to their directions not to receive it. Prays for the protection of his rights, the repeal of the Law April, 1704, and recompense for 600l. already taken from him thereby, etc. Signed, Thomas Laurence. Holograph. 3¾ pp. Enclosed,
731. i. Extract of Journal of House of Delegates of Maryland. Proposal to take away the Land Office Record from the Secretary etc. Sept. 14, 1704, April 4, 1706. 2 pp.
731. ii. Extract of Journal of Assembly and Council in Assembly of Maryland, April 2, 1706, relating to the taking away the Ordinary licences from H.M. Secretary's Office there, and setling the same upon the country. 3 pp. The whole endorsed, Recd. Jan. 27 (sic), Read March 7, 1706/7. [C.O. 5, 716. Nos. 21, 21.i., ii.; and (without enclosures) 5, 726. pp. 418–426.]
[Jan. 28.]732. Sir E. Northey to the Council of Trade and Plantations. Encloses following. Signed, Edw. Northey. Endorsed, Recd. Read Jan. 28, 1706/7. ½ p. Enclosed,
732. i. Names of Commissioners of Review in the case of the Mohegan Indians. Lord Cornbury and 11 Councillors of New York. ¾ p.
732. ii. Draft of Commission of Review. 6¼ pp. [C.O. 5, 1263. Nos. 131, 131.i., ii.; and 5, 1291. pp. 430–436.]
Jan. 29.
Whitehall.
733. Council of Trade and Plantations to the Earl of Sunderland. Enclose following. Annexed,
733. i. Council of Trade and Plantations to the Queen. Enclose draft of a Commission of Review [Jan. 28] of the complaints of the Mohegan Indians, etc. [C.O. 5, 1291. pp. 436, 437.]
Jan. 29.
(29 currt.).
734. Wm. Penn to the Council of Trade and Plantations. Honble. ffriends. There lyes a Reference before you in relation to my surrend of my Govermt. of Pennsylvania to the Queen, I earnestly beg that matter may proceed, and yt. you will please to compleat yr. report, remembring my expences and long Toyles to make a prosperous Colony to ye Crown, the certificate of ye Custom-house officer of ye benefitt thereof to the Crown, both ye 1d. per lb., and ye revenue upon Tobaccos at large, to neer 9,000 lb. per annum, and ye 1d. per lb. to between 5 and 600 lb. per ann., besides wt. is circulated by Barbados, Jamaica, Nevis, Antegua, etc. for England of their growths for ours, and wt. you please of its being for ye Queen's service as you have been pleas'd often to alledge, but forget not yt. I am ye last Colony, so ye youngest, and have not enjoy'd it long enough to have reapt the crop I have sown. I am Your Respectfll. ffriend, Wm. Penn. Endorsed, Recd. Read Jan. 29, 1706/7. Holograph. 2 pp. [C.O. 5, 1263. No. 132; and 5, 1291. p. 438.]
Jan. 29.
Jamaica.
735. Governor Handasyd to the Council of Trade and Plantations. I am favoured with your Lorps. of Sept. 26, and Nov. 12, 1706, by this packett, with an enclos'd letter from H.M., whereby I am commanded not to pass any Laws of an extraordinary nature before they are approved of by H.M., which I shall not fail to observe; and had in some measure resolved on before, as I have mentioned in a former letter, finding an Assembly run out on such extreams and errors, as I never could have complyd with. The news I have now received from Sir C. Hedges confirms an account we had of the glorious success of the Duke of Marlborough, etc. and I hope our intrest in Spain is retrieved, tho the Spaniards here have had advice from thence, much to our disadvantage, that the Duke of Anjou has again in his possession all Spain, and has put to the sword all those who were in the interest of King Charles, which has mightily discouraged King Charles' party here and encouraged those of the Duke of Anjou's, but I have taken all the care I can to undeceive them, by giving them an account of what successes we have had in Savoy and Milan, and that there is a powerfull force gone to Spain to oblige the Spaniards to a true obedience to their lawfull King. The squadron under the command of Sir J. Jennings arrived here Jan. 2; he sent three men of war with letters to the Spanish coast on his first coming into the West Indies: by the answers enclosed yr. Lops. may judge how matters are altered in these parts on the news lately recievd by French emissarys. The squadron under Commadore Kerr has been attended with great mortality, but four of them are gone with Sir J. Jennings to the Spanish coast to make as great an appearance as they can, in hopes something may offer for the advantage of H.M. and her Allies: the Admirall designs to return in three weeks' time, and in four or five days after to begin his voyage for England, the ships being not in a condition to continue longer here, both for want of provisions, and by their not being sheathed: all the ships under his command are very well, except the Northumberland, which has lost a great many men, and most of those remaining are ashore sick at the Hospitall. I have been obliged to put on board a hundred odd men of my Regiment, to assist the four ships belonging to Capt. Kerr, not being able to supply them with sailors. I enclose an Address to H.M. from the Councill, Assembly and myselfe, which I request your Lordships will recommend to Sir C. Hedges to lay before H.M. I desire your Lorps. will be pleased to prevail with H.M. for her Privy Seal, to the disallowing of a clause in the Quartering Act past the last year, whereby all fforeigners were made incapable of acting either in civill or military employments, upon a very severe penalty, and I finding it absolutely necessary to restore all those gentlemen, they are still liable to that penalty, unless H.M. repeal the Act. The Assembly have now pas'd an Act for quartering the Regiment another year, to commence Feb. 1, but will not admitt of any conference with the Councill upon it, calling it a Mony Bill, tho they have tack't severall clauses to it, for perpetuity, as will appear by the Minutes of the Councill, to be sent home with the Bills by the next packett, but I could not help passing it, unless I had proclaimed Martiall Law for the subsisting the soldiers, which would have been very pernicious to the manufactory of England, as well as to the trading people of this Island. Here are two or three other Acts which I think myselfe obliged not to pass, but shall send them home to your Lops. to shew you the design of these people, notwithstanding my communicating to them H.M. Privy Seal, and using all other arguments I could think of. I enclose the Minutes of the Councill and Assembly. Here is one Barrow, a blind man, who was formerly Attorny General of this Island, and was turned out on my first coming to the Government for his villainous practices against the Queen's authority; after which, he made it his business to get into the Assembly, where he put everything into such a flame that I apprehended it would have been of very evill consequence; he has been off the Islande for these three years past, in which time he has visited severall of H.M. Colonies, as New England, New York, Carolina and Bermudos, in all which places he endeavoured to sew the seed of sedition, taking part with the disaffected, as appears by a letter from the Governor of Bermudos now enclosed. He lately returning to this Island, I have refused letting him practise in any Court of Law here, as an utter enemy to the peace and tranquility of H.M. subjects, therefore hope what I have done herein will be approved of by your Lordships. Here is arrived, by this packett boat, an officer and 20 recruits, one of the new Captains is left sick at Barbadoes. I have writt at large to Mr. St. John, to lay before H.R.H. and his Grace the Duke of Marlborough a scheme for the recruiting my Regiment, which I hope will not be neglected. The Spaniards are as willing as ever to continue a private trade with us, but we are not yet supply'd with woollens for that trade, which I much wonder at. Signed, Tho. Handasyd. P.S.—The present Attorney General beleiving he shall soon have leave to go home, I recommend in his stead Coll. Wm. Brodrick, who was formerly in that post, and is a very fitt man. Endorsed, Recd. 14th, Read 17th March, 1706/7. 3¾ pp. Enclosed,
735. i. Governor of Carthagena to Sir J. Jennings. The news your Excellency writes (Dec. 14, 1706) is wholly made void by letters I have received from the Catholick Majesty, Philip V, that he is restored to the Court of Madrid and hath regained all the other towns etc. In his defence we will spill the last drop of our blood. Jan. 5, 1707. Copy. 1 p.
735. ii. Lt. Governor Bennett to Governor Handasyd. Bermuda, Nov. 10, 1706. Describes Mr. Barrow's foolish and insolent behaviour. He went from Jamaica to Rhoad Island, New England, and New York and finding himself neglected there, to Carolina, where, being treated according to the post he had in your Island, "which soe much puffed him and his homely yoak up that he had the insolence to contradict and affront the Chief Justice on the Bench, and she the confidence to redicule and abuse the best of both sexes on the place, insomuch that the Carolinans gave it out they would set up a cucking-stool for her, which is thought was the occasion of their scouring hither." After making pretence of friendship for me, he presently, when warm with wine, contradicted me and refused to apologize. He then openly sided with the malecontents, Dr. Starr etc. He declared he knew he could have noe justice done him here and was prosecuted and fined 40l. He refused to plead, denying the jurisdiction of the Court,—a villainous contrivance to help his associates and to destroy our constitutions, for had his argument prevailed and the Bench been startled att his quotations of Acts of Parliament, which are very positive, that noe Commissions shall be granted but in the name of the King or Queen (which as I take it only relates to England), he had gain'd his point, by unraveling and seting aside the whole authority of the magistracy, and consequently released his friends in the jail, who are there for being under contempt thereof, etc. Signed, B. Bennett. Holograph. Endorsed, Recd. March 14, 1706/7. 4pp.
735. iii. Address of the Governor, Council and Assembly of Jamaica to the Queen. Congratulations on Marlborough's victories, and thanks for the protection afforded by H.M. soldiers and ships. Signed, Tho. Handasyd, Richd. Rigby, Cl. Concil., by order of the Councill, John Peeke, Speaker. Past the Assembly Jan. 25, 1706. Endorsed as preceding. 1 p. [C.O. 137, 7. Nos. 37, 37.i.-iii.; and (without enclosures) 138, 12. pp. 69–74.]
Jan. 29.
Whitehall.
736. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M.
736. i. Council of Trade and Plantations to the Queen. Recommend supply of provisions and clothing for the Garrison at Newfoundland, and sailings of 6 convoys in Feb., March and May to cruise off the coast and harbours. Set out, Acts of Privy Council, II. pp. 512–514. [C.O. 195, 4. pp. 363–365.]
[Jan. 31.]737. Merchants of Dartmouth trading to Newfoundland to the Council of Trade and Plantations. Memorial concerning convoys and prisoners etc. as Jan. 17 and 31. 14 signatures. Endorsed, Recd. Read Jan. 31, 1706/7. 1 p. [C.O. 194, 4. No. 17.]
Jan. 31.738. Mr. Thurston to W. Popple, jr. Encloses following. You'll find the number provided for to be 100, when that of the Company's 92. I presume the gunners are included, altho I formerly acquainted the victuallers that the officers of the Ordnance desired no such provision might be made for them, since they payd them their full mony, and are therefore to take care of themselves. If this be so, there has been another undue care of themselves. If this be so, there has been another undue advantage to somebody, and will continue unless restrained. Signed, J. Thurston. P.S.—Mr. Moody has since told me the gunners had no provisions from the publick stores during his time. Endorsed, Recd. Read Feb. 7, 1706/7. 1¼ pp. Enclosed,
738. i. R. Stephens to Mr. Thurston. Victuallers' Office, Tower Hill, Jan. 29, 1706/7. Encloses following. Signed, Robt. Stephens. Addressed. Sealed. ¾ p.
738. ii. Account of provisions for 100 men sent to Newfoundland, 1706. ¾ p. [C.O. 194, 4. Nos. 18, 18.i., ii.; and 195, 4. pp. 306, 307.]
Jan. 31.
Plymouth.
739. Governor Crowe to the Council of Trade and Plantations. By H.M. Orders from the Seacritare of State, I was soe hurried out of Towne, thatt I had not an opertunity of takeing leave of your Lordships. We have been these 12 dayes detained by contrare winds in this Porte, etc. Signed, M. Crowe. Endorsed, Recd. Read Feb. 5, 1706/7. 1 p. [C.O. 28, 9. No. 90; and 29, 10. p. 392.]