America and West Indies
February 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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366-387

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'America and West Indies: February 1707', Calendar of State Papers Colonial, America and West Indies, Volume 23: 1706-1708 (1916), pp. 366-387. URL: http://www.british-history.ac.uk/report.aspx?compid=73736 Date accessed: 23 July 2014.


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February 1707

[? Feb.]
Barbados.
740. Wm. Cleland to the Council of Trade and Plantations. I represented to the late Governor and Councill and the Generall Assembly att my arrivall from England what I had observed there might be necessary for them to do for the peace and good Government of the Island, in particular the repealing of the Act concerning grants, and of clauses in an Act about the ffreedom of Elections, which, I believe your Lordships are acquainted before this tyme, are done. The President has not yet communicated to the Councill your Lordships' letter concerning the Act establishing a paper credit, and concerning St. Vincent's, therefore, tho' wee had a good oppertunity (with the assistance of Sir John Jennings' Squadron) to do some service in the last, we have hitherto been able to do nothing in these things. And tho wee are told Instructions are sent hither by the last packet about the said Paper Act, yet the President has communicated no part thereof to the Councill. I was not upon the Island when that Act past, and constantly endeavour'd since I came hither that that Law might be either repealed or amended, but private animosities and intrests has hitherto prevented it, and now a repeale of that Act is come over as I am informed there is in my opinion for want of money, and barter being as the state of the Island now is impracticable, great fear that inhabitants and trade will be much injured, etc. My reasons for concurring in passing the Trienniall Bill are, that about 6 years ago, when I departed this Island, the heats and annimositys which annually happen'd upon elections were very great, but since they are much increased, insomuch that before the last Governor left, at which tyme the Act past, there were great tumults which had very ill appearance, and therefore it was the said Law past the Governor, well knowing that H.M. had therein resolved [? reserved] to herself a power to dissolve and call Assemblys as often as shall seem proper, so that H.M. has the remedy ready, etc. The bones of contention amongst the inhabitants are (1) The chief commands of the Militia, for which tho the officers have no pay, yet they are ambitious of the character of commanding their neighbors, and also sometymes of easing themselves of the burthen of answering the Act of Militia. (2) Then there are officers in the Civill power, such as Judges, Justices of Peace, and the like, tho they bring litle profitt, yet they by corruption too often bring some, and these places also are nurseries of the people's vaine expectation. (3) But that which is the great bone of contention is the office of Treasurer; it was that which begun our late contentions, and is the only valuable place in the Island H.M. has not already settled by patent. There are many jealousies of misapplication of the public money, which I think can only be prevented by the Councill Generall Assembly Committee of Publick Accounts, the Treasurer and Comptroler takeing an oath every tyme they are admitted to their trusts, etc. I have been advised that there has been a complaint before your Lordships against me by one Burgus. I have not influenced that matter any way whatsoever, but have lett it take the free current of the Law, and beside I had some tyme since come to an agreement in that affare, but which was broake off but not on my part, and now very lately wee are come to a finall conclusion thereof, and the whole matter in question is but 23 acres. I suspect that these complaints have been encouraged from the violence of some men concerned in a party etc. etc. Signed, Wm. Cleland. Endorsed, Recd. Read March 19, 1706/7. 3 pp. [C.O. 28, 9. No. 98; and 29, 10. pp. 424–429.]
[Feb. 3.]741. Extract of letter from Sir C. Hedges to Governor Parke, Aug. 1st, 1706, directing him to reside at Nevis. Endorsed, Recd. Read Feb. 3, 1706/7. 1 p. [C.O. 152, 6. No. 71; and 153, 9. p. 439.]
Feb. 5.
Kensington.
742. Order of Queen in Council. The Lord High Treasurer is to do as proposed Jan. 29 touching provisions for Newfoundland. Signed, John Povey. Endorsed, Recd. Read Feb. 12, 1706/7. ¾ p. [C.O. 194, 4. No. 19; and 195, 4. p. 372.]
Feb. 5.
Kensington.
743. Order of Queen in Council. The Lord High Admiral is to give directions as proposed Jan. 29 touching convoys and provisions for Newfoundland. Signed and endorsed as preceding. 1 p. [C.O. 194, 4. No. 20; and 195, 4. pp. 372, 373.]
Feb. 5.744. E. Jones to the Council of Trade and Plantations. Lt. Governor Bennett having refused me copies of complaints against me, obliged me to apply to the Assembly, who gave me only copies of former complaints, which were fully answered (1704, etc.). Prays for copies of new complaints. Signed, Ed. Jones. Endorsed, Recd. Read Feb. 5, 1706/7. 1¾ pp. [C.O. 37, 7. No. 36.]
Feb. 5.
Whitehall.
745. Council of Trade and Plantations to the Earl of Sunderland. H.M. having some time past directed us to treat with Mr. Penn in order to his surrender of the Proprietary Government of Pennsylvania, and his other claims and pretensions of government to the adjoyning territories, and to report the same to H.M., for her further directions thereupon, we have accordingly received from him divers proposals, and having endeavoured to bring him to such terms as should be most advantagious to H.M. service; upon the whole we humbly offer that, whereas in regard to the memory and merit of the Father of Mr. Penn in divers services (and as Mr. Penn alledges) in consideration of a debt of 16,000l. due to him from the Crown at the date of his Letters Pattents, a charter of the Proprietary Government of Pennsylvania was granted by King Charles II to him and his heirs, containing many large and ample priviledges, immunities and liberties, which in our humble opinion are capable of being extended to the diminution of the Royal Prerogatives of the Crown, and which if reunited to the Crown, from whence they were originally derived, by a voluntary surrender of the said Charter, wou'd be of great use and benefit, and conduce to the obtaining of these ends following:—To the establishment and maintenance of H.M. more immediate authority in that Province; To the more speedy and impartial administration of justice to all persons, tho under different perswasions in religious matters; To the more regular carrying on of a legal trade in those parts, conformably to the several Acts of Parliament made in that behalf; To the better security, protection and defence of H.M. subjects in that Province, as well against intestine dissentions, as against a foreign enemy. And finding in Mr. Penn a ready concurrence and disposition upon fit encouragements to make such surrender, we take leave to represent, that upon consideration of his case, it appears to us that Mr. Penn, with great expence, many risques and dangers, both to his Person and Fortune, with continued Pains and Industry, and by the help of his own Personal interest, hath in great part accomplished a very difficult undertaking, by cultivating and improving what before was a Desolate Wilderness into a well peopled Colony; which by an increase of trade, as appears by the accounts of the Custom-house, dos yearly bring an additional revenue to H.M., for effecting of which public work he hath much impaired and diminished his own private fortune not having had time enough hitherto to reap the proffits of his forepast charge and labour, and the returns which have been made him not countervailing in any reasonable degree his many expences. And whereas Mr. Penn hath often attended us with certain proposals of terms and conditions, previous to his surrender, some of which we cou'd not approve of, and tho we are satisfied that he hath deserved an equitable consideration of his expences and services, and that his surrender, as is before mentioned, may be a valuable benefit to the Crown, yet we are humbly of opinion that such surrender ought to be absolute and unconditional, including a renunciation of all right, claim and pretension, as well to the Government of Pennsylvania, as to that of New Castle and the two Lower Counties, the whole to be stated and drawn up in such form and manner as by H.M. Council, learned in the Law, shal be advised. As to the quantum to be given Mr. Penn in consideration of the surrender of his Government, and in recompence of his services, we humbly conceive it will be best to submit both to H.M. royal grace and goodness, and we find in Mr. Penn a ready disposition so to do. 6 pp. [C.O. 5, 1233. No. 53; and 5, 1291. pp. 439–442.]
Feb. 5.
Kensington.
746. Order of Queen in Council. The Earl of Sunderland, Secretary of State, is to prepare the Commission of Review [Jan. 28, 29] for H.M. signature. Signed, John Povey. Endorsed, Recd. Read Feb. 12, 1706/7. 1 p. [C.O. 5, 1263. No. 134; and 5, 1291. p. 444.]
Feb. 6.
Virginia.
747. President and Council of Virginia to the Queen. Congratulatory Address upon the successes of H.M. arms in Brabant, Flanders, Spain and Savoy. Signed, E. Jenings, Presidt., Hen. Duke, John Smith, W. Churchhill, James Blair, Philip Ludwell, jr., Wm. Bassett, Dudley Digges, Benja. Harrison, Robert Carter. 1 p. [C.O. 5, 1341. No. 7.]
Feb. 6.748. J. Tucker to Mr. Addison. Encloses pacquet from Bermuda, addressed to Sir Charles Hedges [? Dec. 30, 1706], to be put into my Lord Sunderland's hands, etc. Signed, J. Tucker. 1 p. [C.O. 37, 28. No. 3.]
Feb. 7.
Whitehall.
749. Council of Trade and Plantations to the Earl of Sunderland. Encloses Memorial from merchants trading to Newfoundland relating to prisoners that have been or may be taken in those parts. [C.O. 195, 4. p. 368.]
Feb. 7.750. Mr. Dummer to W. Popple. Sailings of the Frankland packet-boat. Out and home, 103 days. Sir J. Jennings arrived at the Leeward Islands about Dec. 8. Signed, E. Dummer. Endorsed, Recd. Read Feb. 8, 1706/7. Addressed. 1 p. [C.O. 323, 6. No. 26.]
Feb. 7.751. An account of the sailing of H.M.S. Warwick. Ordered Feb. 20, 1705/6, to prepare for an eight months' voyage to Newfoundland, the Captain received orders to sail on Feb. 27, but could not obtain gunners' stores till March 25, when the ship being unable to take in all her bread, he was obliged to delay to get freight for it. April 1—May 8 he was delayed by contrary winds with the Newfoundland and Virginia trades, as were also the West India squadron and Sir Stafford Fairborne's squadron. Endorsed, Feb. 7, 1706/7. 2½ pp. [S.P. Naval, 7, under date.]
Feb. 9.
Barbados.
752. Col. Sharpe to the Council of Trade and Plantations. Refers to letter of Jan. 2. Since which, in persuance of their former resolutions, the Council took into consideration whether Col. Holder had been legally appointed a Counsellor by Sir B. Granville, the many errors which might ensue from his acting in such a station requireing a speedy determination. The Councill were of opinion that Sir Bevill haveing nominated Col. Holder when there were 8 Members of the Council upon the Island, had therein exceeded the powers granted to him, and that Col. Holder, so illegally appointed, should be removed from the Board. At the same time, I did myself the honour of transmitting to your Lordships the many addresses I had received from near 2,000 inhabitants of this Island, praying for a dissolution of the then Assembly, continued beyond their usual time by the Triennial Bill, as also the opinions of Mr. Cox and Mr. Walker, the only Members of H.M. Councill who would attend their duty, together with that of H.M. Attorney General and Councill at Law, that a dissolution only could restore the quiet of this Colony, and that by the Triennial Act the Commander in Chief had full power of himselfe to dissolve. I did then also honour myself with sending a coppy of the Proclamation and writ issued upon the same opinions for a dissolution of the old, and calling a new Assembly accordingly, duplicates of all which your Lordships are now troubled with. In obedience of which writs a General Assembly was convened, against the several Elections which Col. Cleland and Col. Holder, with some very few others seduced by them, protested, and after some of them preferred a petition to the Council against the same, which was declared false and seditious, and upon the return day of the said writs, the Members elected by virtue of the same were, by the unanimous opinion of the Councill, Coll. Cleland also concurring, called in, sworne and order'd to proceed as an Assembly. Notwithstanding which so solemn decision of that affair, Col. Cleland and Col. Holder again prevailed with the same persons, and a few others added to them, to present a Petition to the Assembly so elected, in the nature of a protest against their Proceedings, and as it were, to terrifie and detir them from acting as an Assembly. The reason of which is plain, they were affraid the Assembly should proceed upon the late paper credit, which these persons and the interest of Col. Holder, which they espoused, were too deeply involved in, ever to admit any scrutiny or amendment therein. The Assembly, after considering this Petition, came to several resolutions relateing to the Petitioners, and in a more especial manner to Col. Cleland and Col. Holder, and addressed the Councill to concur with them in the same, authentick copies of all which I transmit. One of the writs was by Law directed to Col. Holder, who refused to publish or execute it, and yet in their Petition to the Assembly, insists upon the non-publication and execution of that very writ as an argument to make void the General Election, tho that omission lay wholly at his own door. The Councill have appointed to-morrow to take into consideration the Address of the Assembly upon those resolves, as also some other things, and severall depositions accuseing Col. Holder of an arrogant expression uttered by him at the late Court of Oyer and Terminer, and comparing his authority to that of her most sacred Majesty; when, I hope, such measures will be fallen upon as may promote the general peace of this place. The Council thought fit to displace John Sandford and John Dorne from all places civil and military, for their insolence to and assault of the late Chief Justice of the said Court on the Bench, and in the room of Mr. Sandford, have sworne Jno. Milles Judge of the Bridge Court. Thomas Merrick, one of H.M. Council, being lately dead, Mr. Rayns Bate has been sworne in his room, and James Colleton, a Member also of H.M. Councill, being dead, the Rev. Samuell Beiresford, Rector of St. Michael's Parish, has been sworne in his place. The Captain of this pacquet informing me he fell in with a squadron of large ships consisting of 18 sail, one of which carryed a flag, and other letters from Europe adviseing of such a French squadron sail'd for the West Indies, I immediately sent out a sloop to acquaint Capt. Camock thereof, who had a few days before sail'd with all the ships of warr here, being 4, in quest of the merchant ships, which sail'd under his convoy from Ireland, but were separated by bad weather, adviseing him to return hither for the defence of this place in case of an attack from the said squadron, as also for the security of H.M. ships against them. I have also order'd a sloop to the coast of Martinique and to Tobago, for advice, and from whence it is most probable we shall be invaded. I shall forthwith call a Councill of War, and shall in conjunction with the Council omit no care that can contribute to the preservation of this place on any such event. I am under great concern, that notwithstanding my constant endeavours to serve H.M. and Predecessors as a Councellor here for near 20 years, to the general satisfaction of this Island, many endeavours should yet be now used to misrepresent me, etc. I have now received H.M. royall approbation of some Acts, and repeal of others, etc. The peaceable possession of negroes etc. is of the greatest importance to us, and we must accomodate it according to the directions from your Lordships. It was extreamly unhappy to this place that Col. Lilly, H.M. Engineer here, should be ordered to Antegoa at this juncture. Refers to enclosed Minutes of Councill, and regrets that he be taken away before Castle St. Ann be finished, a worke that has cost us so much pains and mony, and cannot (I beleive) be perfected without him. Encloses Minutes of Council and Assembly, and an Act we have past pursuant to H.M. royal commands, touching the late unhappy Paper-Credit, as a necessary preliminary to it. As also answers to the remonstrance and protests of some of the Members of H.M. Councill here, whose great interest in secureing the continuance of the Paper Act has carried them beyond all bounds, and been the only occasion of all the heats and differencys of the Island, which otherwise I had brought to a perfect peace and union.—And have (notwithstanding their endeavours), I thank God, effected beyond all imagination; for excepting Col. Cleland, all the Councill and the Assembly are now under such a harmonious agreement as has never been known nor expected for many years past. I presume to fling myself upon your Lordships for protection. Signed, Wm. Sharpe. Endorsed, Recd. 24th, Read 29th April, 1707. 3 pp. Enclosed,
752. i. Deposition of Capt. Vring. On Jan. 19 he sighted 18 sail in latitude 37°., one with a flag. Signed, Nathl. Vring. Endorsed, Recd. April 24, 1707. 1 p.
752. ii. Copy of Col. Sharpe's Speech to the new Assembly of Barbados. See Minutes of Council and Assembly. Endorsed as preceding. 2¾ pp.
752. iii. Answer to the protest of some Members of Council against the dissolution of the Assembly. Same endorsement. 3¾ pp. [C.O. 28, 10. Nos. 1, 1.i.–iii.; and (without enclosures) 29, 10. pp. 455–467.]
Feb. 9.
Barbados.
753. Col. Sharpe to the Earl of Sunderland. Repeats gist of proceding letter. Signed, Wm. Sharpe. Endorsed, R. June 1st. 4 pp. [C.O. 28, 43. No. 19.]
Feb. 10.
Barbados.
754. Col. Cleland to the Council of Trade and Plantations. I arrived here on July 4, so that it was impossible for me to be concern'd in the Paper Act. When, a few days after my arrivall, the Kingsayle brought in two prizes, which I as Agent to Prizes set up to be sold for silver, and declared it would be an hardship for H.M. and the Captor to be affected by that law. Upon many occasions I did advise the Government either to repeal or amend the Law, etc. Since the departure of the late Governor there has been great disturbances here. I did all that lay in my power to prevent them, but a president Government can hardly succeed better etc. Repeats charges against Col. Sharper etc. Signed, Wm. Cleland. Endorsed, Recd. Read May 16, 1707. Holograph. 3¼ pp [C.O. 28, 10. No. 5; and 29, 10. pp. 479–483.]
Feb. 10.
Whitehall.
755. Council of Trade and Plantations to Lord Sunderland. Enclose extract of letter from Virginia (Oct. 26, 1706) relating to French prisoners, to be laid before H.M., with our humble opinion that it may be for H.M. service that directions be given in that manner that the French prisoners taken in America, either by the Queen's ships or otherwise, shall be subsisted and disposed of for the future; and that the Commissioners for exchange of prisoners do settle a fitting establishment for that purpose, as also that the Government of Virginia be reimbursed the charge they have been at in subsisting these prisoners. [C.O. 5, 1362. p. 99.]
[Feb. 11.]756. A Book of Entries of Land on the South side of Blackwater Swamp and other papers relating thereunto 1702, 1703. Endorsed, presented to the Board by Col. Nicholson. Recd. Read Feb. 11, 1706/7. 43 pp. [C.O. 5, 1315. No. 41.]
Feb. 11.
Whitehall.
757. W. Popple to Mr. Attorney General. The Council of Trade and Plantations send you enclosed. Upon the perusal of which their Lordships observe that the said tryal has been managed with great partiality and in an undue manner, and so as may in other cases be of evil example. Col. Johnson had been Commander in Chief of the Leeward Islands, and was at the time of his death, Lieut. Governor of Nevis, and the said Pogson has since the tryal absented himself. Their Lordships therefore desire your opinion what further proceedings may be had therein, on H.M. behalf, for the loss of her subject, who at the time of his death bore so considerable a character there. Enclosed,
757. i. Extract of letter from Governor Parke, Oct. 31, 1706. 1 p.
757. ii. Copy of trial of Mr. Pogson. Duplicate of No. 559.ii. 6 pp. [C.O. 152, 7. Nos. 2, 2.i., ii.; and (without enclosures) 153, 9. p. 458.]
Feb. 12.
Whitehall.
758. W. Popple, jr., to Wm. Lowndes. By enclosed survey it appears that there was remaining in Sept. last near upon two years' provisions for the garrison in Newfoundland. But whereas, since that time, the Council of Trade and Plantations have not been certainly informed what quantity of good provisions is now remaining there, they think it safest that H.M. order already given for the next year's provisions be nevertheless complied with, lest the garrison be reduced to want. And in the meantime the Board has it under their care that the Commodore of the Convoy going thither be directed upon his arrival to inspect the whole stores and provisions as well in regard to their quantity as to their goodness, and to return an account thereof to this Board. But they conceive that it is necessary that this state of the provisions be sent to the Victuallers of the Navy, that they may know how to proportion the provisions for the future, and that directions be given that whatever overplus there may be, may be disposed of, as may be most convenient for H.M. service. Annexed,
758. i. Commodore Underdown's Account of provisions remaining in Newfoundland Sept. 20, 1706. [C.O. 195, 4. pp. 368–371.]
Feb. 12.
Whitehall.
759. Council of Trade and Plantations to the Earl of Sunderland. Enclose letters from Governor Parke [? Oct., Dec., 1706], to be laid before H.M. for her pleasure thereupon, pa ticularly with relation to the great want the Leeward Islands are in of stores of war, men and ships for the defence thereof. Also an Address from the Lt.-Governor, Council and Assembly of Antigua. [C.O. 153, 9. p. 459.]
[Feb. 13.]760. Commander in Chief and Captains of H.M. ships of war to the Council of Trade and Plantations. We have enquired into Mr. Jackson's charges against Major Lloyd (Jan. 16, 1705/8). The people unanimously declare them false, except as to the hiring of the soldiers, which was done upon the petition of the commanders of merchant ships. The soldiers were willing, in order to provide themselves for the winter, and always worked within beat of drum. Signed, Jo. Underdown and 4 others. H.M.S. Faulkland. Oct. 8, 1706. Endorsed, Recd. 13th, Read 18th Feb., 1706/7. 1 p. Enclosed,
760. i. Certificate that the signatories of following Addresses have declared it to be their own voluntary act. Signed as preceding. 1 p.
760. ii. Commanders of merchantships and inhabitants of Newfoundland to the Council of Trade and Plantations. Praise Major Lloyd. 101 signatures. Endorsed as above. 1 large p.
760. iii. Inhabitants of Consumption Bay to the Council of Trade and Plantations. Praise Major Lloyd. 40 signatures. Same endorsement. 1 large p. [C.O. 194, 4. Nos. 21, 21.i.-iii.]
[Feb. 13.]
Bermuda.
761. Lt. Governor Bennett to Mr. Popple. Encloses following, through Mr. Noden, made Agent for this country. The Assembly desiring us to transmit our opinion with it, wee were all of opinion that to continue that method of loading and unloading would be destructive to the poor and ruin to the merchant etc. The Council pray their Lordships' resolutions thereon, which would be very acceptable to the people, who are impatient to know what to trust to. Our sentiments and opinions on this remonstrance would have been sent more regular, if the Council could have been perswaded to sit and doe business, if I sent for the Secretary to act as Clark, which when I propose, on all occasions they unanimous desire to be excused and to withdraw, nor is it possible for H.M. to make choice of a qualified Council that will sit, if Capt. Jones officiates in that post, the whole Country is soe much against him etc. Dated, Bermuda, Oct. 19, 1705. Signed, B. Bennett. Endorsed, Recd. from Mr. Noden, Feb. 13, Read March 14, 1706/7. Holograph. 2 pp. Enclosed,
761. i. Assembly of Bermuda to Lt. Governor Bennett. The Lords Commissioners' directions to you not to allow any ships to load or unload except in St. Georges or Castle Harbour, would inevitably ruin the generall part of the inhabitants. We pray you to transmit your Excellency and Council's opinion thereon. Your Excellency hath allways been ready to concur in whatsoever might be for the good of the Islands. What manufacture this Island ever hath produced, hath been tobacco, which hath in great manner decayed within these few years; whatsoever else produced here is provisions (which is not half neither what's eaten), and also cabbages, onyons, and straw were; and were it not for our small vessells which carryes out such produce and brings in provisions and other necessaries, these Islands could not subsist. Pray for like privileges as the neighbouring Plantations, to load and unload in any place, which cannot in any part be far from St. Georges, these islands being much subject to storms, and there being no passable wayes for carts the carriage of provision will be impossible, etc. Altho' some wicked persons have endeavoured to perswade their Lordshipps that these Islands are inhabited by a stubborne and ill-tempered people, wee hope to shew the contrary, and allwaye continue to be H.M. most faithfull subjects etc. Signed, Francis Jones, Speaker, in behalfe of himself and ye house. Sept. 4, 1705. Endorsed, Recd. Feb. 13, 1706/7. 1 large p. [C.O. 37, 7. Nos. 43, 43.i.; and (without enclosures) 38, 6. pp. 243, 244.]
Feb. 14.762. Arthur Freeman to the Council of Trade and Plantations. Prays for the confirmation of an Act of Antigua impowering Robert Freeman, decd., and his wife Mary, to sell lands bequeathed to her by her father John Slicer. She having since married one Perne, he threatens the purchasers with law-suits, pretending the law was not confirmed, and would so ruin the infant heir, Robert Freeman. Endorsed, Recd. Read Feb. 14, 1706/7. [C.O. 152, 6. No. 76; and 153, 9. pp. 460, 461.]
Feb. 15.
Monks Hill in Antigua.
763. Governor Parke to the Council of Trade and Plantations. The people of these Islands are under very great apprehensions the French designes to attack some one or all of them. I have been these three months at St. Christophers, endeavouring to fortify that Island which is the most capable of it of any; I was three times at Nevis, and gave directions for placing the gunns Sir J. Jennings brought, the People of Antegua expecting to be first attacked, sent to desire me to come up, accordingly I came the first instant, some time before a spy that was put on shore came in and discovered that the French expected at Martinico a strong squadron, and that they designed to attack Antigua; I sent out the Sheerness to look into Gaurdilupa and Martinico, she brought me the news of 5 saile of men of war that were arrived, one of them gone to Leeward with some merchant ships, the other 4 are at Martinico; Indians at Domineco informed the Captain that the French that came there to trade informed them that they expected a Great Fleet, when they were arrived they designed to take Antigua and the rest of these Islands. Upon which the Councill and Assembly of this Island addressed me to send for the few soldiers that were in the other Islands, which I did because I concluded that Antigua being the windermost and much the richest Island wou'd be first attacked; if they pass this Island, I hope I shall be able to throw myself into either Nevis or St. Christophers with the few troops I have, tho' God knows they are in a bad condition to expect any service from them; I shall hardly be able to procure arms for them, and great part of them sick and lame; I don't think there will be 120 fitt to doe duty; never was any regiment soe used; they have been in these Islands, they tell me, about five years, and in all that time there has been noe recruits sent, nor no arms, nor till this year any cloathes. I had a petition given me at St. Christophers, signed by the three Companies there, complaining they had not received any pay since they came, I sent for their officers and asked them the reason, they informed me that the Collonell not sending any cloathes, they were forced to lay out their pay to purchase them, and their pay wou'd not doe it, some of the men produced accounts for cloathes, where they were charged 14s. for a pair of shoes that cost in England 3s., and everything else in proportion, the officers complained as much as the soldiers that they were paid here and allowed but 15 per cent. for difference of mony, whereas the difference from merchant to merchant was 51 to 60 (I myself had 60 for money in England) by this article the Collonell gets 35 per cent. at least of all the money of the regiment besides the cloathes. I think the Collonell ought to make good every man's pay to him, since he stops soe much for cloaths, and since the officers were forced to buy cloaths for them here, he ought to pay for them, for it was his own fault he did not buy at the first hand, and they ought alsoe to be supplied with arms. If the people here had not been very kind to them, they must all have starved, what service can be expected from men thus used; severall have deserted, four went off to a privateer upon bark loggs. Upon the sending this regiment to these Islands, there was an order from the Queen that the Commander in Chief should upon the death of an officer fill up ye vacancy, which accordingly I have done, but Col. Whetham I find intends to have them superceeded. I have filled up all vacancys with the next in Commission, I had no reward or present from any, the Major dying, I made the eldest Captain Major, and the CaptainLieutenant Captain, the eldest Lieutenant Captain-Lieutenant, the eldest Ensign Lieutenant, and two Serjeants that have served long in the regiment, I made Ensignes, I made but two new officers and those Ensignes, one is Mr. Ryley's son, of the Excise, the other Mr. Mitchell's son of Surry, both very pretty Gent. and a creditt to the Regiment. Col. Johnson made one Ensign which was a Serjeant, but Col. Whetham got him superceeded and sent over a poor creature to be an Ensign, I wou'd not have hired to be my footman, he confesses he gave Col. Whetham 70 guineas for his Commission. The Collonell had the regiment given him to come over to it, he did, but soon got leave to return, and has never been with it since, had he been obliged to live here, the clamour of his own men and the People would have obliged him to have used them better; the cloathes sent out this year never cost 30s. the mounting, they are almost all worn out already, and not a sufficient quantity sent, there is a whole mounting kept to be produced if occation, one of the Ensigns that I made was killed upon service in the Swan, 'tis very unreasonable that a Gent. shou'd serve perhaps 6 or 8 months and venture his life severall times and at last be superceeded. I think it my duty to inform your Lordpps. of this affair, that it may be laid before the Queen, that the poor soldiers may have justice done them, and the Officers their just due. I hope your Lordships will see that they be redressed. there are severall other complaints against the Collonell here, as false musters etc., for my part I expect as soon as they have an oppertunity they will desert. I am at Monks Hill fortifying of it as well as I can, I have been as it were encamped ever since I came, the People seem to be cheerfull, tho' they expect the enemy. I hope if they do come, I shall doe my duty, tho' I have received noe sallery yett, and my Agent writes me word there will be none paid till the 4½ per cent. has paid for the stores sent, which perhaps may not be in two years. I am in a very great hurry, therefore I hope your Lordships will pardon my not obeying your orders; I shall do it if the French will give me leave in the next. Signed, Daniel Parke. Endorsed, Recd. 24th, Read 29th April, 1707. 7 pp. [C.O. 152, 7. No. 3; and 7, 1. No. 15; and 153, 9. pp. 480(b)–486.]
Feb. 15.
Monks Hill, Antigua.
764. Governor Parke to [? the Earl of Sunderland]. Congratulates him on his appointment and repeats part of preceding. We are in a very bad condition to receive the enemy, the inhabitants fitt to bear armes not quite 800, etc. Col. Whetham lives at his ease in London, and getts more money by this Regiment than any five Collonells that have been in the Battles of Blenheim and Rammalies, etc. Signed, Daniel Parke. Endorsed, Recd. April 24. 5 pp. [C.O. 7, 1. No. 14.]
Feb.17[n.s.].
Curacoa.
765. Mr. Aneau to Mr. Gautier in Jamaica. Desires him to forward letters to Holland. There is an embargoe laid here, on account of ye news we have here that there is expected 16 sail of men of war and 4 brigandeens laden with provisions and ammunition, which are fitting out at Rochefort. This news came by 4 shipps of war arrived at Tobago, each of which has on board 300 soldiers with their arms, etc. We have the same account from a saylor, who was on board one of those French ships and was since taken on board a bark with 20 soldiers. One of those men of war was dispatched to Martinico, to know if the Fleet was arrived, and the said Frigat returning brought advice to the shipps that were at Tobago, that they were daily expected. The sd. sailor also says that the expedition was against this Island and Jamaica, so that you will do very well to be upon guard, as we are in this Island, the which is in very good condition to make a vigorous resistance. Signed, Aneau. Copy. 1¾ pp. [C.O. 137, 45. No. 86.]
Feb. 18.
Whitehall.
766. W. Popple, jr., to Mr. Solicitor General. Encloses, for his opinion in point of law, an Act of Antigua, 1700, to enable Robt. Freeman etc. (See Feb. 14.) [C.O. 153, 9. p. 462.]
Feb. 18.
Whitehall.
767. W. Popple to Mr. Heysham. Encloses Col. Sharpe's opinion on the Act of Barbados for establishing credit, for his observations thereupon. [C.O. 29, 10. p. 398.]
Feb. 19.
Whitehall.
768. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M. Annexed,
768. i. Council of Trade and Plantations to the Queen. Having receiv'd news from Governor Handasyd, that he wants 300 men to compleat his Regiment, we think it our duty to represent that it highly imports your Majesty's service that these recruits be hasten'd over for the defence of that Island. Since the expiration of the late Act of Assembly for quarters and additional subsistance for the officers and soldiers there, Col. Handasyd has been using his endeavours to induce the Assembly, to make a new Act for that purpose, and is now in hopes of prevailing with them. Recommend Mr. Ayscough and Mr. Stewart for the Council of Jamaica. [C.O. 138, 12. pp. 64–66.]
Feb. 19.
Whitehall.
769. Council of Trade and Plantations to Lord Sunderland. Press for H.M. Order concerning a convoy for Virginia (see Dec. 20, 1706), it being very necessary that the inhabitants of that Colony, as well as the merchants here, be informed of H.M. intentions … in a matter of so great importance to the Revenue and the Tobacco Trade. [C.O. 5, 1362. pp. 100, 101.]
Feb. 19.
Admiralty Office.
770. J. Burchett to W. Popple. Asks for Heads of Enquiry for Newfoundland, the men of war bound thither having their orders to proceed. Signed, J. Burchett. Endorsed, Recd. Read Feb. 20, 1706/7. Addressed. 1 p. [C.O. 194, 4. No. 22; and 195, 4. p. 374.]
Feb. 20.
Whitehall.
771. W. Popple, jr., to Josiah Burchett. Encloses Heads of Enquiry in reply to preceding. The Council of Trade and Plantations desire that the Commodore may return his answer relating to the fishery according to the enclosed scheme. Annexed,
771. i. Heads of Enquiry for the Commodore at Newfoundland. Same as 1706, with addition:—You are upon your arrival to inspect the whole stores and provisions as well in regard to their quantity as quality or goodness, and to return a particular account to the Commrs. of Trade of the disposal of the double quantity of victuals for the soldiers sent in 1705, as also of those sent in 1706, and of what shall be remaining at your arrival, etc. [C.O. 195, 4. pp. 374–376.]
Feb. 20.
Kensington.
772. Order of Queen in Council. Convoys ordered for Virginia and Maryland in accordance with Representation of Dec. 20, 1706. Signed, John Povey. Endorsed, Recd. Read Feb. 24, 1706/7. 1 p. [C.O. 5, 1315. No. 44; and 5, 1362. pp. 108, 109.]
Feb. 20.
Kensington.
773. Order of Queen in Council. Referring following to the Council of Trade and Plantations for their report. Signed, John Povey. Endorsed, Recd. Read Feb. 25, 1706/7. ¾p. Enclosed,
773. i. Petition of S. Vetch, J. Barland and R. Lawson to the Queen. Petitioners being your Majesty's loyal subjects of Massachusetts Bay were in June last unjustly accused before the General Court etc. as in following. Petitioners, relying upon their innocency, were desirous to be brought to their tryalls in the establish'd course of Justice, but the Assembly, instigated by the clamours and threats of a multitude of people, to take the said accusation under their own enquiry, Petitioners, after 30 days' imprisonment, were by advice of the Governor prevailed on to submit to their Judicature. The said Court immediately passed an Act for imprisoning petitioners without bayle or mainprise untill the next Meeting of the Assembly in Aug. following, when the Attorney Generall of that Province exhibited articles of impeachment against petitioners for high misdemeanour, and for want of a full legall evidence to convict them, the Assembly, overaw'd by the same unruly multitude, assumed an exorbitant power not warranted by their Charter, and proceeded to impose extravagant fines upon them by several Acts of Assembly, which are transmitted to your Majesty. Pray to be heard against the said Acts before H.M. declares her royal pleasure therein, and for such further relief as shall seem meet. Copy. 2 pp.
773. ii. Case of S. Vetch. Dureing the late peace he traded to Cannada, and has from thence bills of exchange to 800l. value payable in France, which were not paid before the present warr commenc'd, but the merchant, his debtor in Cannada, sent him word, that he would pay his debt in merchandize of that country, when any oppertunity should offer. In 1705 the Governor of Cannada sent one Cartemash to the Governor of New England to treat about the exchange of prisoners, but Cartemash's Commission impowering him to treat only for such prisoners as were in the hands of the French, and not for such as were in the hands of the Indians, the Governor and Councill of New England thought fitt to send one back with Curetmash to treat with the Governor of Cannada for the prisoners taken by the Indians. Vetch, speaking French very well, was pitched upon to goe. He acquainted the Governor and Councill with the debt due to him at Cannada, and offered to accept the imployment without any reward upon condition they would permitt him to bring back the value of his debt in beaver, which they readily consented to. Vetch and Curtemash sett sail with a fflagg of truce in July, and arrived at Cannada in August, where Vetch executed his commission and agreed with the Governor of Cannada to forbear all hostilitys on the frontiers of New England till the last day of Feb. following, and entred upon a further Treaty for a totall cessation of armes between those two Governments, which the Governor of Cannada expected a confirmation of, from the Governor and Councill of New England, before the end of Feb. Vetch received his debt in beaver; but before he could ship it off a new Intendant arrived from France, with orders that noe beaver should be shipt from Canada, but in French ships directly bound for France, and the beaver was stopt from being put aboard; but his debtor told him that if Vetch would meet him in May, 1706, at Little Cancer (a place about the midway between Quebeck and Boston) and bring with him some merchandize proper for the Indian trade and fishing, he would bring his debt in beaver. The forbearance of hostility on the Frontiers till the Feb. 28, which the French observed inviolably, saved the country 10,000l., as their Commissary acknowledged, besides the lives of many inhabitants there, who might otherwise have been destroyed, and the Governor and Councill were soe sensible of it, that they very much applauded his good conduct and gave him their thanks. Vetch acquainted the Governor of the disappointment he had mett with about his debt, and the proposall made to him by his debtor, and his designe of going to fetch it at the time appointed, which the Governor seemed to think reasonable, because it should be noe injury to H.M. interest to have her subjects' effects out of the enemies' hands, and those effects would produce customes to the Crown. In April, 1706, Vetch hyred a small sloop of the petitioners, Borland and Lawson, upon Charter party, and caused a small cargoe proper for the Indian trade and ffishing to be put on board. Borland and Lawson were not otherwise concern'd therein then as owners of the vessell and agents for Vetch to ship his goods. The vessell was entred for Newfoundland because Little Cancer is noe port, and within the limitts of the New England Charter, lying in Arcadia, or Nova Scotia, and inhabited only by straggling Indians, who never had any warr with the English. Vetch sett sail in Aprill, and arrived at Little Cancer upon the day prefixt, and stay'd there 20 days in expectation of the merchant from Canada; but he did not come; and the weather proving very stormy, Vetch was obliged in his returne to put into some harbour in Nova Scotia every night for safety, his vessell being but about 20 tuns burthen. The Indians and a Frenchman or two, who had marryed and lived amongst them, seeing the sloop, offered to truck some ffurrs for blanketts, rum and drop shott, which the smallness of his vessell and of its crew (it consisting but of 5 men), obliged him to comply with at severall places, lest they should, upon his refusall, have fallen upon him, but the whole goods he barter'd for, did not exceed 50l. He brought back all the rest of the goods he had carryed out, and arriving at Cape Anne in New England, he put the ffurrs he had traded for, and the rest of his goods in a boate and went for Boston. Att his arrivall there he found the General Court, or Assembly, sitting, and the people of the country in a great fferment, on the following occasion. The Governor and Councill had neglected to send a proper person to Canada to conclude the Articles concerted between the Governor of Canda and Vetch, 1705, for a totall cessation of armes between the two Governments., but only sent a country ffarmer, who was not master of the language, nor of address suitable to that character, and without any orders to agree to such cessation. This exasperated the haughty French Governor, who to shew his power to doe mischeif, gave liberty to the Indians under his command to fall upon the English ffrontiers, which they did, and destroyed severall familys. The news of this incursion arrived at Boston a little before Vetch return'd, and because he had been at sea, on the coast of Nova Scotia in the way to Canada, tho the Indians he had bartered with there were not the Indians that fell upon the ffrontiers, but lived 1,000 miles distant from New England, the multitude accused him to the Generall Assembly of having supply'd the French and Indian enemies with goods. He was summoned before the House, to whom he frankly related the whole matter, and after answering some few questions, was dismissed upon giving 1,000l. security to appear when required. About 4 dayes after, without further examination of him, he was committed to the common prison by a warrant from the Speaker, for being vehemently suspected of tradeing with the French and Indian enemies. Then the Assembly sent for Borland and Lawson, who gave soe frank an account of the whole truth that the House dismiss'd them with thanks for their candour, yett, within a few dayes following, they were likewise committed to the common goal. Dureing their confinement, their sloop and cargoe of 500l. value were condemned in the Court of Admiralty, without suffering them to make any defence, or allowing them an appeal from the sentence, tho they demanded both. Repeat preceding. The Assembly examined as witnesses the master of the sloop and two of the mariners, whom the mobb had terrifyed with great threats, but their evidence, tho stretch'd and improv'd to the utmost, was soe deficient, that to gratifye the mobb, who kept them in awe, the Generall Court proceeded to convict the petitioners by Acts of Assembly, and to fine Vetch in 200l., Borland in 1,100l., and Lawson in 300l. besides costs. This violent proceeding arose from their ffear of the mobb, who instigated by a party, enemies to the Govermt., scatter'd about papers, threatening to cutt them in pieces, unless they would hang up those who were accused of tradeing with the French. As a testimony that these Acts were not the result of their judgement, but of their ffear, it was proposed by the Assembly before they pass'd the Acts, to send Vetch as their Agent to Canada, and after they had pass'd the Acts, it was proposed in both Houses to send him their Agent into this Kingdome, to endeavour, after an Union of England and Scotland, to procure a body of Scotts to settle in Nova Scotia. The Governor was frighted into an assent to these Acts, by the threats of the mobb to pull down his house, and accusing him as a party concern'd, but he ordered the ffines should be paid into the publick Treasury, and not to be disposed of till H.M. should signifye her pleasure therein. 3 pp. [C.O. 5, 864. Nos. 89, 89.i., ii.; and 5, 912. pp. 234–247.]
Feb. 20.
Kensington.
774. Order of Queen in Council. Referring following to the Council of Trade and Plantations. Signed, John Povey. Endorsed, Recd. Read Feb. 25, 1706/7 ¾ p. Enclosed,
774. i. Petition of William Rouse, Ebenezar Coffin and John Philips, Mariners, of Boston, to the Queen. Pray that the Acts of the Massachusetts Bay, inflicting fines upon them upon suspicion of aiding the French and Indians, as in preceding, may be repealed. Copy. 3½ pp. [C.O. 5, 864. Nos. 90, 90.i.; and 5, 912. pp. 247–252.]
Feb. 20.775. Col. Jenings to the Council of Trade and Plantations. H.M. commands permitting ships not ready for the last convoy to sayle without has given mee the oppertunity to acquaint your Lorps. with the peaceable state of the country, etc. The certaine knowledge of ye glorious victoryes obtained by H.M. arms haveing not long reached this Government., gave us not the oppertunity of soe early addressing as others; As soon as I could have the Council meet, a day of Thanksgiveing was appointed and observed, and since they have humbly addressed H.M. etc. This winter season has hitherto proved mild, and being soe farr advanced, hope the extremity is over, wch. truly is happy for the poore planters, who are in the most want of cloaths and ye fewest goods in the country that I ever knew; the apprehensions of wch. caused the inhabitants of four countys on the south side of James River to betake themselves cheifly to makeing woollen and linnen, and can supply many familys besides there own, wch. gives great encouragemt. to others. Here is not any advice of the arrival of the ffleet that sayled in Sept., wch. makes the Traders and inhabitants uneasy, six of the ffleet haveing recd. damage was forced back by stress of weather, and gave a dismol account of others, etc. Signed, E. Jenings. Endorsed, Recd. 22nd, Read 27th Aug., 1707. Holograph. 2 pp. Enclosed,
775. i. Congratulatory Address of the President and Council of Virginia to the Queen, upon the victories in Brabant, Flanders, Spain and Savoy. Feb. 6, 1706/7 Signed by the President and 9 of the Council. Endorsed as preceding. 2 pp. [C.O. 5, 1315. Nos. 68, 68.i.; and (without enclosures) 5, 1362. pp. 256, 257.]
Feb. 21.
Nevis.
776. Lt. Governor Hamilton to the Council of Trade and Plantations. It is now almost five months since Generall Parke commanded me to come up and take care of this ruinated Island, which I did with a great deal of chearfullness, etc. Ever since I came here I have hardly been able to make up a sufficient number of either Gent. of the Councill or Assembly (by reason of the great sickness that has attended this Island ever since the French left it, I suppose occasion'd by the hard fair, as to their diett, bad lodging and the unusuall cold blustring rainy weather wee have had for these five months past) so was uncapable to proceed upon any public bussyness, except what was done voluntary by the well disposed people; upon the death of Phineas Andrews, and the absence of Col. Daniel Smith, Azariah Pinney and Thomas Minor, John Smargin being bedridded, and Thomas Butler refuseing to serve, all of the Councill; which, I acquainted the Generall with, and desired some other might be appointed in their room to prevent further delays in public bussyness, who order'd me to swear Thomas Belman, Lawrence Brodbeld and James Milliken, Esqs., all three (I think) as good men as any H.M. has within this Island, therefore could wish your Lordships would order them to be confirmed in the Council. Wee begin to mend as to our health thro' out the Island, and shall do my utmost to proceed upon publick bussyness as fast as possible our mean circomstances will permitt us; wee have now order'd a detachment of negros out of the few wee have left to go on to repair the publick works, and have under consideration the raiseing of a small tax for the defraying of the encueing charges. I formerly wrote your Lordships from St. Christophers the necessity of having a certain number of souldiers fixt to each Island, for without it noe Lieutenant Governor can be answerable, they being constantly remov'd at the discretion of the Generall or Commander in Cheif for the time being, for I have not one of the Queen's regular troops now in this Island, all being carry'd up to Antigua, so that I have none but a handfull of almost spiritles people left with which the best officer or souldier in the world could do but very little or nothing; also I recommend to the consideration of your Lordships the sending of an Ingineur, which if I had for some time, I would ingage to make Charles Fort with the hills call'd the Bath, and Wignalls Hill (and if well provided) tenable longer then an enemy would be willing to stay, etc. Sir J. Jening landed here in December last 20 pieces of ordnance, which are all mounted in Charles and Black Rock Forts, with powder, ball etc. proportionable, cartridge paper excepted, which he had none to spare, nor I can gett none for any mony, likewise 150 musketts. Only one of H.M. bounty ships arriv'd with provissions for the poor of St. Christophers and this Island, the rest missing; the Speedwell friggatt not come as yett, still a cruising to windward in hope of meeting with said store ships. Wee are under mighty apprehention of a squadron of French men of warr under Monsieur du Cass, which it's said are dayly expected in these parts, etc. Signed, W. Hamilton. Endorsed, Recd. 28th April, Read May 3rd, 1707. [C.O. 152, 7. No. 4; and 153, 9. pp. 489–492.]
Feb. 22.
Kensington.
777. The Queen to the Governor of Barbados. Whereas Manuel Menasses Guilligan has by his petition humbly represented unto us that for many years past he has been an inhabitant of St. Thomas and afterwards of Curassaw and traded with the Spanish plantations, in which trade he has met with discouragement from the privateers of Barbadoes and the Government there; but having obtained our Gracious Letter for his discharge and Our High Court of Admiralty having ordered the restitution of his goods, he intends at present to return to Barbadoes and to settle there, and conceives he may be usefull in promoting the Trade of our subjects with those of the Spanish West Indys aforsaid. We therefore command you to suffer him peaceably to dwell there, and to trade as above-mentioned, and afford him all due encouragement, etc. Coutersigned, Sunderland. [C.O. 5, 210. pp. 20, 21.]
Feb. 24.
Whitehall.
778. Council of Trade and Plantations to the Lord High Treasurer. Enclose Office accounts, Midsummer and Christmas, 1706. [C.O. 389, 36. pp. 321, 322.]
Feb. 24.
Whitehall.
779. W. Popple, jr., to Mr. Davenant. Desires an account of the pitch, tar and rozin imported from the Plantations since Sept. 29th. [C.O. 5, 912. pp. 233, 234.]
Feb. 24.780. Mr. Noden, Agent for Bermuda, to the Council of Trade and Plantations. Prays to see the charges against Mr. Jones. Signed, Cha. Noden. Endorsed, Recd. Read Feb. 24, 1706/7 ½ p. [C.O. 37, 7. No. 37.]
Feb. 24.
Whitehall.
781. W. Popple, jr., to Lord Baltimore. I am commanded by the Council of Trade and Plantations to send your Lordship the inclosed paper for your writing to Maryland thereupon, as your Lordship may see proper, and to desire that your Lordship will be pleas'd to let them have your answer to the first head contain'd in the said paper. Annexed,
781. i. To know how many Irish servants have been carry'd to Maryland within 3 or 4 years last past. They were promis'd a free toleration. They make proselytes of Protestant servants. William Hunter and Robert Brook to be sent out of the Province. [C.O. 5, 726. pp. 415, 416.]
Feb. 25.782. Mr. Wharton to Mr. Popple. Encloses following, to be presented when the petition of Vetch and Lawson (Feb. 20) comes to be read. Prays for notice. Signed, Wm. Wharton. Endorsed, Recd. Read Feb. 27, 1706/7. Addressed. Sealed. 1 p. Enclosed,
782. i. Mr. Wharton to the Council of Trade and Plantations. Vetch, Lawson and Boreland were highly guilty. Prays in behalf of several gentlemen that they may be heard on the matter. Signed, Wm. Wharton. 1½ pp. [C.O. 5, 864. Nos. 92, 92.i.; and 5, 912. pp. 254–256.]
Feb. 25.
Whitehall.
783. W. Popple, jr., to Wm. Borrett. By order of the Council of Trade and Plantations, I send you here inclosed a letter for Mr. Solicitor General, upon letters they have receiv'd from Coll. Seymour, H.M. Governor of Maryland, relating to Papists, and to irregular proceedings of the Jesuites there. Their Lordships desire that you will procure his opinion thereupon as soon as possible, some ships being now ready to sail for Maryland, and a determination thereupon being absolutely necessary. Annexed,
783. i. W. Popple, jr., to Mr. Attorney General. Whitehall, Feb. 25, 1706/7. The Council of Trade and Plantations again (see July 2, 1706) desire you will let them know as soon as possible whether H.M. may not direct her Governor of Maryland to issue a Proclamation directing the two Jesuites, mentioned in enclosed extract from Gov. Seymour's letter (Aug. 21, 1706), to withdraw out of that Government by a stated day. [C.O. 5, 726. pp. 416, 417.]
Feb. 27.
St. James's.
784. Order of Queen in Council. Referring to the Lord High Treasurer for his opinion the Representation of Jan. 14 touching the 4½ p.c. in Barbados. Signed, John Povey. Endorsed, Recd. Read March 3, 1706/7. ¾ p. [C.O. 28, 9. No. 92; and 29, 10. p. 399.]
Feb. 27.
Bermuda.
785. Lt.-Gov. Bennett to Mr. Popple. A vessell touching in here from Virginia, bound to Barbados, gives me the oppertunity of acquainting you that yesterday I received letter of Aug. 30, etc. with enclosures, including copies of letters from Mr. Nelson and Mr. Jones (June, 1706), both which I doubt not but to answer to satisfaction. What I conceive is meant most mischievous in Mr. Jones his letter is in his 18th paragraph, whereby he would insinuate great imbezelments have been made of H.M. stores, which I hope makes noe impression; for I have a better regard for my life and reputation than to be guilty of such a crime, besides, he does not charge me knowingly, but as he is informed: methinks he being (as he says) sworn to preserve H.M. stores, ought in consideration of such his oath, and as being one of H.M. Patent officers, to have immediately come and acquainted me when he had been soe informed. True it is, I have lent to severall vessells outward bound a barrell of powder when none has been to be bought, and have taken the Masters' and owners' obligation to returne it again, which I concluded was for H.M. service, for the powder sent here from the Tower is old, all the barrells being mark't with King James his marke, and when that has been return'd in which was soe lent, I ordered it to be opened and inspected. As for Capt. Nelson his rediculous account of passages which he says is convenient for H.M. service should be known, I say, true it is, that a vessell did goe with prisoners to Martinique, but doe not know nor believe she brought back any French commodities as he alledges, for when she arrived, the searcher went on board and made returne, he could find nothing but a few bottles taken in for sea store, and as for my goeing for a tast, I solemnly protest I never was on board that sloop in my life; but if I had gone with that company he mentions and had tasted plentifully, I hope it cannot be thought it could have influenced us (as he calls it) to have stript and exposed ourselves to the sailors; neither was I ever at any such mirth as dancing naked. Sir, I am advised from Barbados that by the packet boat that arrived there in Nov. last, I had letters which were put on board a sloop bound heither, which ffoundered att sea, the men saveing themselves in their boat, and went back to Barbados, being about 5 leagues from thence when the vessell sunk. I mention this to intimate that if any letters were sent to me between the dates of their Lordship's of May 31 and Aug. 30 (being the latest date I have received) or of any date to November, they I conclude miscarryed as before. I shall not add any more now, but refer my answere to all allegations and complaints against me to my letter to their Lordships, which I am preparing, etc. Signed, Ben. Bennett. Endorsed, Recd. 2nd, Read 5th June, 1707. Holograph. 3 pp. [C.O. 37, 8. No. 10; and 38, 6. pp. 268–271.]
Feb. 27.786. Remarks upon the trials of Mr. Vetch etc. Recd. from Mr. Vetch, Read Feb. 27, 1706/7. 1 p. [C.O. 5, 864. No. 93.]
Feb. 27.
Whitehall.
787. W. Popple, jr., to Mr. Borret. Encloses letter to Mr. Attorney General, enclosing Orders of Council, Feb. 20, and papers relating to the case of Vetch and Rouse. The Council of Trade and Plantations desire your opinion, (1) Whether the Governor, Councill and Representatives of the Massachusets Bay, which together compose the General Assembly, have a power granted them by Charter to try and punish by fine offenders in case of misdemeanor, and that without verdict of Jury, but immediatly by themselves in their Legislative capacity, and by Acts or Laws made in their Assembly after the offences committed. (2) Supposing that a power is granted them by Charter, whether is it unlimitted and arbitrary without a salvo contenemento, or whether the fine to be imposed is to be moderated and restrained to the condition, circumstances and abilities of the persons offending. For example, in the present case, Rouse is fined 1,200l., which is alledged to be more than he is worth, and if he should be detained in prison till he has paid his fine, he must lose his liberty during life. (3) Whether it will be advisable for H.M. to confirm the aforesaid Laws, the like whereof have never been enacted heretofore in that Province, lest the introducing and establishing such a new precedent be attended with dangerous consequences and inconveniences for the future in that and the other Plantations. (4) In case H.M. shall think fit to repeal those Acts, and consequently vacate the fines imposed by them, whether may not the offenders be tryed over again in the ordinary course of Law, either by Commission of Oyer and Terminer, or by some other method, and what will be the best method for bringing to condign punishment such as by a legal tryal shall be found guilty of the crime they are charged with, which is no less than trading and corresponding with H.M. declared enemies. [C.O. 5, 912. pp. 257–261.]
Feb. 28.
Custom-House.
788. Account of pitch, tar and rosin imported from the Plantations, Michaelmas—Christmas, 1706. Pitch and tar:—London 186 last, 8 barrels. Outports 152 last, 9 barrels. Rozin:—35 cwt. 1 qr. Signed, Charles d'Avenant. Endorsed, Recd. Read March 3, 1706/7 ¾ p. [C.O. 5, 864. No. 163.]