America and West Indies
March 1707, 17-31

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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395-416

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'America and West Indies: March 1707, 17-31', Calendar of State Papers Colonial, America and West Indies, Volume 23: 1706-1708 (1916), pp. 395-416. URL: http://www.british-history.ac.uk/report.aspx?compid=73738 Date accessed: 01 September 2014.


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March 1707, 17-31

March 17.
Whitehall.
801. Council of Trade and Plantations to the Earl of Sunderland. Enclose extracts from Gov. Dudley's letters, Oct. 2 and 8, relating to Nova Scotia and driving the French out of Canada, to be laid before H.M. [C.O. 5, 912. p. 320.]
March 18.
Whitehall.
802. W. Popple to Sir H. Ashhurst. Encloses extract of Governor Dudley's letter, Oct. 2, relating to the Mohegans. [C.O. 5, 912. p. 321.]
March 18.
Whitehall.
803. Council of Trade and Plantations to the Lord Bishop of London. Having received the inclosed deplorable letter from Mr. Jackson, we have given him some immediate assistance, and desire your Lordship's favourable consideration for some small living, to preserve himself and family from starving. [C.O. 195, 4. p. 379.]
March 18 and 21.804. Address of the House of Commons to H.M. for a grant in aid of Nevis and St. Kitts, and H.M. consent. See Journal of H. of C. Endorsed, Read March 21, 1706/7. 1¼ pp. Enclosed,
804. i. Proprietors and Merchants of Nevis and St. Kitts to the House of Commons. Pray for relief of the Islands damaged to the extent of at least 500,000l. sterl. by the French raid, Feb. and March, 1706. Printed. 1p. [C.O. 152, 6. Nos. 78, 78.i.]
March 18.805. Proprietors of Plantations in Nevis and St. Christophers to the Earl of Sunderland. Propose 29 persons to be of a Commission to enquire into the losses there. Pray that, upon a Treaty of Peace, H.M. will insist upon retaining the French part of St. Kitts. Signed, Jos. Jory. Endorsed, Answd. March 21, 1706 (7). 1 p. [C.O. 152, 39. No. 113.]
March 18.
Treasury Chambers.
806. Mr. Lowndes to Mr. Popple. The Earl of Sunderland having transmitted to my Lord Treasurer the Report concerning Mr. Penn (Feb. 5), my Lord Treasurer conceives that the Council of Trade and Plantations are the most competent Judges of what may be a reasonable compensation. He prays them to reconsider their said report, and let him have a state of the advantage the Crown will receive, and what may be a fitting recompence to Mr. Penn. Signed, Wm. Lowndes. Endorsed, Recd. Read March 18, 1706/7. Addressed. 1½ pp. [C.O. 5, 1263. No. 143; and 5, 1291. pp. 459, 460.]
March 18.
Whitehall.
807. W. Popple, jr., to George Granville. Encloses extract of letter from Capt. Lilly (Jan. 1st), and asks for the papers therein referred to. [C.O. 29, 10. p. 419.]
March 18.808. G. Granville to W. Popple. Reply to preceding. I sent all my brother's papers, of the kind referred to, to the Board of Ordnance. Signed, G. Granville. Endorsed, Recd. Read March 19, 1706/7. Holograph. 2 pp. [C.O. 28, 9. No. 96; and 29, 10. p. 420.]
March 18.
Whitehall.
809. Council of Trade and Plantations to the Earl of Sunderland. Enclose copies of Col. Sharpe's letters (Jan. 2 etc.), whereby it will appear to H.M. the great necessity there is of a speedy redress in those affairs, which may very much endanger Barbados. Enclose copy of letter from Governor Park. One of the store-ships intended for Nevis and St. Kitts is taken by the French, which will require to be replaced. [C.O. 29, 10. p. 418.]
March 19.
Whitehall.
810. W. Popple, jr., to Capt. Moody. Encloses copy of Major Lloyd's charge, March 15, for answer in writing. [C.O. 195, 4. p. 380.]
March 20.
Kensington.
811. Order of Queen in Council. The Earl of Sunderland is to receive H.M. directions concerning recruits for Jamaica. [Feb. 19.] Signed, John Povey. Endorsed, Recd. Read April 18, 1707. 1 p. [C.O. 137, 7. No. 38; and 138, 12. pp. 74, 75.]
March 20.
Kensington.
812. Two orders of Queen in Council. John Ayscough and John Stewart to be admitted to the Council of Jamaica. Signed and endorsed as preceding. 3 pp. [C.O. 137, 7. Nos. 39, 40; and 138, 12. pp. 75–77.]
March 20.
Kensington.
813. Two orders of Queen in Council. Appointing (1) Joseph Smith,(2) Winthrop Hilton to the Council of New Hampshire. Signed, John Povey. Endorsed, Recd. Read July 9, 1707. 3 pp. [C.O. 5, 864. Nos. 185, 186; and 5, 912. pp. 373, 374.]
March 20.
Kensington.
814. Order of Queen in Council. Wm. Lawrence is removed from the Council of New York and Col. Wm. Peartree is to be admitted in his room. Signed, John Povey. Endorsed, Recd. Read July 9, 1707. 1½ pp. [C.O. 5, 1049. No. 39; and 5, 1121. pp. 77, 78.]
March 21.
Doctors' Commons.
815. Sir John Cooke to the Council of Trade and Plantations. I concieve that the Proceedings of ye Justices in New England, as represented in Coll. Dudley's letter (Feb. 1, 1705/6) are very irregular; and not only invasive of the Admiralty Rights and Jurisdictions but contrary to the duty of their offices, considering that in the most of the Admiralty Commissions the Civil Magistrates are required to be assisting to the Admiralty Jurisdiction. If the Governor is not by his Patent sufficiently authorized to restrain each Judicature within its proper bounds, I am of opinion, that by Appeals, wch. will receive their final determinations here, the same may be fixed: unless a representation from the Governor to H.M., and H.M. Letters thereupon, may be thought a more effectual and compendious method. Signed, J. Cooke. Endorsed, Recd. Read March 23, 1707. Addressed. Sealed. 1 p. [C.O. 5, 864. No. 164; and 5, 912. p. 321.]
March 22.
Kensington.
816. The Queen to Governor Handasyd. Whereas complaint has been made of great irregularitys and disorders in relation to the delivery of letters sent to Barbados by the pacquet-boats set up for that purpose, whereby our subjects are not onely deprived of the benefit we were graciously pleased to intend them, but do also suffer great prejudice in their trade and estates; And our Postmaster[s] General, for the better preventing these inconveniencys for the future, having appointed William Bignall to be their Deputy there, to receive all such letters and take care of the delivery thereof, wee command you that he be not molested but have all fitting assistance and that no other person intermeddle with the receipt and delivery of letters, etc. Countersigned, Sunderland. [C.O. 5, 210. pp. 24, 25.]
March 24.
Barbados.
817. Col. Sharpe to the Council of Trade and Plantations. According to what I had ye honor to write, Feb. 9, ye Councill proceeded to take into their consideration the behaviour of Col. Wm. Cleland, in petitioning and endeavouring to terrify ye Assembly from acting as such, altho' ye Council had before upon a Petition, preferred to them by him, dismist ye same, and declared ye Assembly legal, and even himself consented to their being sworne. And that House giving the Council several reasons for their resolves against him, I was of opinion that H.M. service did require Coll. Cleland should be immediately suspended from the Council, and so were two others, and all the Members (but one, who voted him deserving a high censure, but not suspension) voted that he deserved suspension. But there being an equality of voices between suspending him immediately and waiting for H.M. previous pleasure upon a just representation (he being a Member of the Government), he still continued to sitt. But this lenity and moderation was so farr from influenceing him to desist from his violent courses, in disturbance of the publick affairs, that he continued to take most unwarrantable ffreedoms to abuse and vilifye ye Government here in ye most notorious manner, not omitting menaces and subtle insinuations of his pretended great ffavour with the expected Governour. These outrages have obliged the Council to suspend him from their Board, which with the reasons your Lordships will find in the Minutes of Council, I now transmitt. The Council were also of opinion that Coll. John Holder for his behaviour at ye late Court of Oyer and Terminer, an account of wch. I did myself ye honor of sending to your Lordships, should be removed from all military posts. The command of a Regiment of Horse being vacant by the death of James Colleton Esq., the Council have conferred it upon John Frere, Esq., a Gentleman of a very good estate, sense and courage, the former Lieut. Coll. Prideaux and Major Robert Vaughan of ye said Regiment having been concerned in ye same ffactious application with Coll. Cleland to ye Assembly, to deterr them from acting, and the said Lieut. Coll. neglecting also, tho' in very good health and at leisure to visit that day, to appeare at ye general review I lately made of all the fforces. The Council have also desired me to give the command of the Regiment of which Mr. Holder was lately Coll., to Robert Yeamans, and that of the Regiment lately commanded by Coll. John Wiltsheire decd. to Henry Peers, both Gentlemen of good estates and other qualityes; ye former Lieut. Collonels and Majors of ye said Regiments having been concerned in the same ffactious protesting against the Assembly etc. Your Lordshipps will find by ye Minutes of Council now transmitted, that this Government hath settled a Cartel with that of Martinique. The reasons wch. chiefly moved us to it were not only in compassion to our poor inhabitants who had been so many yeares prisoners there, but also that few sailors in the Northern Colonyes could be prevailed with to venture hither, well knowing that we had no Cartel, and that in such case, if taken, they must be sent away to Europe, to the utter ruine of their ffamilyes in America. These ffears, not in themselves groundless, has so general an influence that very few vessells came hither from thence, and such as did had been obliged to enter for another port, which layd us lyable to many inconveniencyes. The method of guarding ye coasts by ye Militia of this place having been found a heavy burthen upon the poorer sort of our inhabitants, and ye occasion of driveing severall of them off the Island, I have lately passed an Act for taking off that grievance, provision being made in the same for effectual guarding ye coasts dureing ye warr, in a manner the least burthensome to the people, and at the same time secure against any surprize from an enemy, as by ye Act sent your Lordships will appeare. The Assembly having been above two months convened, I did hope ere this to have prevailed so farr, as to have obtained a Bill for the satisfaction of those persons who had been sufferers by ye late paper credit, according to H.M. most gratious Order; but after several recommendations from myself and ye Council, and a Petition to me from the Merchants to press the consideration thereof to them (copy enclosed) they sent ye Council up a Bill, in effect re-enacting for 15 months longer the very Act H.M. was pleased to disallow as pernicious. The Council for that reason rejected the same, and sending for ye Assembly, gave them some resolves upon which to frame a Bill pursuant to H.M. Order. Upon this they desired and had a conference, wherein they insisted upon having the Bank Bills issued by virtue of ye repealed Law, enacted to be as currant money in all payments till May, 1708, and that all persons who had been bound to ye late Bank should have till that time to discharge their obligations. Hereupon the Council sent them several Heads, upon wch. to ground a Bill; they desired and had a second conference, wherein they still insisted upon what they had insisted in the first conference. Their perseverance (to say no more) in points directly contrary to H.M. sacred commands has given great uneasiness to myself and ye Council, and general dissatisfaction to all persons concerned in trade, who have neare 55,000l. of ye 60,000l. odd issued by virtue of the late Act. The Council have sate de die in diem, and resolved to continue so to doe, to bring this affaire to some happy conclusion; but the arrival of the pacquet obliged them to adjourn for a week, when they will send down to ye Assembly a Bill founded upon H.M. Order, and press them to agree to ye same, tho' with what success I don't promise; ffor of late some hot spirits in that House (who had, in expectation, ingrossed to themselvs the disposal of all posts in the Government, and wch. ye publick peace required they should be disapointed in) industriously oppose all harmony with ye Council. I have, my Lords, in concert with ye Council, laboured to promote Peace and Union, and in order to obtain that happiness, have carefully avoided advanceing any person who had been principally concerned in either of the ffactions that have so lately torn this place, allwayes preferring such persons to trust and power as have not been signally involved in our unhappy divisions; for such is our misfortune, that so general has been the contagion, that a very few indeed have escaped the infection. And as we have been obliged to remove Coll. Cleland and Coll. Holder, who have been hot and violent men of one side, so we have not preferred Coll. Richard Downes or Capt. Wm. Cole, who were much more ye constant inflamers of the people on ye other; and the first of ye two last under H.M. censure for notorious adultery. These measures, my Lords, I flattered myself would in a little time have procured tranquillity, and indeed for some time I found the good effects of them, and have yet no reason to repent me of such honest counsells. But these resolutions have occasioned a more than ordinary ffamiliarity between those four Gentlemen, Coll. Cleland and Coll. Holder being by ye interest of the other two encouraged to apply to ye Assembly for redress of pretended grievances against some of ye Council, and by false glosses to asperse ye Government; ye other two at ye same time discontented with myself and ye Council for refuseing to advance them to some posts they were no wayes deserveing; provoking some unexperienced persons of their House to spend their time in scandalous and unjust retrospections, wch. can have no other consequence than to add fresh ffewell to our scarce extinguished flames, as if these Gentlemen were resolved, jointly or severally, for ever to embroil their Countrey. I shall, my Lords, with the Council continue to pursue the measures we have fallen upon, as those wch. can alone restore that serenity so necessary to the publick good; and harsh methods shall be ye last I will have recourse to. And if I am so happy as to be honoured with your Lordships' approbation, I shall esteeme it the greatest honor can be conferr'd on, Signed, Wm. Sharpe. P.S.— Enclosess Act For examining the late paper bills, and the list of ships that have entred and cleared here, from Sept. 25 to Dec. 24, 1706. Endorsed, Recd. 2nd, Read June 6, 1707. 3 large pp. Enclosed,
817. i. Merchants of Barbados to the President and Council. Petition, referred to in preceding, for an Act to make provision for the satisfaction of the Bills issued under the late Act for Paper Credit March 22, 1706 (7). Signed, Geo. Mackenzie, Samuel Durousseaue, Edwd. Kemp, John Warter, John Legay, John Clark, John Watts, Jasper Bullard, John Gough, Jos. Mason, Jno. Lane, Willm. Chearnly, Wm. Rosell, Jno. Arrowsmith, H. Hall, Patrick Thomson, James Miln, John Smith, Saml. Jacklen, Zachy. Shute; Jos. Swane, Ed. Niccolls, Benja. Bissell, Robt. Moore, Ja. Aynsworth, Willm. Moore, Geo. Newport, Paul Carrington, Caleb Lindall, Eneas Driscoll, Sam. Hasell, Tho. Shawe, Edwd. Crofts, Arth. Upton, Wm. Crofts, Wm. Godman, John Townsend, Benja. Curtis, Antho. Lane, Christo. Fowler, Wm. Read, Edwd. Cordwent, Jos. Salmon, John Merring, Benja. Bullard, Tho. Beckles, Tho. Stewart, Wm. Cogan, Benja. Matson, Jos. Harbin, Jos. Salmon, jr., John Harbin, Wm. Mackclew, Domk. Arthur, Wm. Kirkham. Endorsed, Recd. June 2, 1707. Copy. 1 large p.
817. ii. President and Council of Barbados to the Queen. Petition for the confirmation of the suspension of Wm. Cleland from the Council, on the grounds specified in preceding letter. Signed, Wm. Sharpe, Samll. Cox, John Milles, Alexr. Walker, Raynes Bate, Samuel Berresford. Endorsed as letter. Copy. 3 pp. [C.O. 28, 10. Nos. 24, 24.i.-iii.; and (without enclosures) 29, 11. pp. 25–35; and (duplicate of No. ii.), 28, 43. No. 28.]
March 24.
Barbados.
818. Col. Sharpe to the Earl of Sunderland. Duplicate of preceding. 4 pp. Enclosed,
818. i. Journal of Assembly of Barbados, Feb. 11, 1706 (7). Their reasons for their vote of Jan. 29 concerning Col. Cleland. 1½ pp. Copy. [C.O. 28, 43. Nos. 18, 18.i.]
March 25.819. Mr. Jones' reply to the complaints against him. Signed, Ed. Jones. Endorsed, Recd. 25th, Read March 28th, 1707. 4 large pp. [C.O. 37, 7. No. 45.]
March 25.820. Petty Expenses of the Board of Trade, Xmas, 1706—Lady Day, 1707; 10l. 16s. 5d. Stationer's Account, 22l. 12s. 6d. Postage, 34l. 11s. 4d. 3½ pp. [C.O. 388, 76. Nos. 17–19.]
March 26.821. Copy of Journal of the House of Delegates of Maryland, March 26—April 15, 1707. 66 pp. [C.O. 5, 721. No. 8.]
March 26.
Whitehall.
822. Council of Trade and Plantations to Governor Dudley. Acknowledge letters of Feb. 1, April 23, July 22, October 2 and 8, May 2, Oct. 10 and 21, 1706, with enclosed plans etc. As to the affair of Owaneco and the Mohegan Indians, H.M. has been pleased to order a Commission of Review, etc. We doubt not but your proceedings will be strengthned and confirmed by their report, when they have examined the whole matter. We have laid before H.M. your proposal for attacking the French in Canada, and for settling a Colony of Scots in Nova Scotia. We have also laid before H.M. the account you give us of your successes against the French Indians, and we doubt not but your conduct therein will be approved. We do not blame your pressing the Governments of Connecticut and Rhode Island for assistance in carrying on the war against the French and Indians. On the contrary we think them very remiss in not complying with what H.M. has required, according to the quota settled in that behalf. We are surprized that the Council and Assembly are so little sensible of H.M. favour in giving them her picture as not to have returned H.M. their humble acknowledgments of the same. We approve your inlisting the Mohegan Indians in the service against the French and their Indians, and you will do well to encourage the said Indians, by inlisting them upon occasion. We take notice that you have transmitted to the Duke of Marlborough an account of the expences at the several Forts, wherein you have don well, but you ought at the same time to have transmitted the like account unto us, and therefore we desire you to do it by your next. As to the affair of Vetch, Rouse and the others who were prosecuted by the Assembly for trading with the French at Canada, we are expecting the Attorney General's report, in order to lay the same before H.M. You are very much to be commended for raising 700l. by a brief for the distressed inhabitants of St. Christophers after the ravage made there by the French, which undoubtedly was a very considerable and seasonable relief to them. The pitch and tar which arrived by the last Fleet has for the most part been approved at the Custom House, and we hope that by Mr. Bridger's instructions and the care of the inhabitants in the manufacturing of those commodities, they will be made as good as what is received from the Swedish Dominions, and we do not doubt of a very good market here, the Muscovites having distroy'd a great part of those countries where pitch and tar is usually made. We desire you to send us as often as you can an account of the fishery upon your coast, particularizing the number of quintals of fish taken, the number of whales, the quantity of train oil made, as also where and how the same is disposed of. We have laid before H.M. the collection of the Laws of New Hampshire. Enclose Orders in Council, Nov. 19, 1706, thereupon. And that the Assembly may not for the future commit the like errors in the passing of Laws, we think fit to give you the reasons for the repealing of the 13. Repeat reasons given 1706. Amongst the Laws past in the Massachusets Bay in May, 1701, there is an Act to prevent and make void clandestin and illegal purchases of land from the Indians, whereupon we desire to know the reason of the Assembly's passing this Act, and that you wou'd explain the clause relating to Martha's vineyard. We have laid before H.M. your desire that Col. Hilton and Major Smith be of the Council of New Hampshire. Enclose H.M. letter relating to the passing of Laws of an extraordinary nature, as Nov. 8; and directions for correspondence as Dec. 13, 1706. [C.O. 5, 912. pp. 322–329.]
March 26.
Whitehall.
823. Council of Trade and Plantations to Governor Lord Cornbury. Since our letters of July 8 and 17, duplicates whereof are here inclosed, we have received your Lordship's of Aug. 10, Sept. 10 and Oct. 3. The account of stores of war remaining at New York, which is said to be inclosed (Aug. 10), is not come to our hands, and therefore we desire that your Lordship wou'd send it by the next opportunity. Refer to their representation of March 13. We have not received the catalogue of Mr. Mott's books, which your Lordship writes you have sent us, and shal therefore expect the same, as also an inventory of what he has left, together with an acct. of the salary due to him at his death. We have sent to Mr. Attorney General what you writ in relation to the granting of letters of administration etc. We desire your Lordship to be mindful of sending us all the Minutes of Council and Journals of the Assembly, both for the Province of New York and New Jersey since your Lordp.'s Government, as also accounts of the Revenue of both Provinces for the same time. We have laid before the Lord High Admiral what you writ us in relation to Capt. Fane and Capt. Miles, and enclose copy of Mr. Burchet's letter to Capt. Miles. We commend your Lordship's care and diligence in providing for the security of New York, upon the alarm of the French. And Coll. Dudley having writ us some while ago that Capt. Rednap the Engineer was gone to New York, we hope that by his assistance your Lordship will have put that Province in a good posture of defence. We have not received the old Seal of New York which your Lordship mentions to be sent Oct. 3, 1706, and having enquired of Mr. Sloper for it, he has acquainted us that it did not come to his hands; so that we desire it may be sent by the next conveyance. Your Lordp. may have opportunities of writing frequently to us by the way of Virginia, Barbadoes or the Leeward Islands; by which conveyances we shal be glad to hear from your Lordp. as often as may be of the state of the Provinces under your Government. Enclose H.M. letter relating to the passing of laws of an extraordinary nature as Nov. 8, and directions for correspondence as Dec. 13, 1706. [C.O. 5, 1121. pp. 18–21.]
March 26.
Whitehall.
824. Council of Trade and Plantations to the President and Council of Virginia. Acknowledge letters of Aug. 29 and 30, Sept. 2, Oct. 14 and 26, and Nov. 8 last. We are sensible of what you write of the low price of tobacco, and the bad returns from England, and H.M. has been pleased upon our representation to order convoys as Dec. 20 and Feb. 24; which method we hope (tho the merchants here cannot agree) will prove to the advantage of the Planters and of the tobacco trade. We have under consideration the collection of laws you have transmitted to us, and your remarks thereupon, and we hope to be able in our next to give you an account of what is to be done therein. As to what you write concerning forts, that will depend upon the building of towns; and the Act for erecting of ports and towns being before the Commissioners of the Customs, we expect the same will be referred to us, which we shall thereupon take care to dispatch. In the meantime having look'd over some of the said laws we shal give you our opinion thereupon as follows, vizt. As to the Act for establishing the General Court etc., we cannot, as it is penn'd, present it to H.M. for her royal confirmation, for that in the last clause but one it enacts that there shal be no Court of Record in Virginia but the General Court and the County Courts, which derogates from H.M. royal prerogative, by restraining her power of constituting other Courts of Record as may hereafter upon emergent occasions be found convenient, besides that the said Act ought to have mentioned H.M. undoubted right of receiving Appeals in such manner as is directed by H.M. Instructions in that behalf, and therefore we think it requisit that the Act may be amended and passed with a proviso to the effect following, vizt. "Provided always that nothing contained in this Act shal be construed or deemed to derogate from the royal power or prerogative of H.M., her heirs and successors, of receiving Appeals, and of granting Commissions of Oyer and Terminer, or of constituting and erecting such other Courts of Record as H.M., her heirs and successors, by her or their Commissions or Instructions to her or their Governor or Commander in Chief of this Colony and Dominion for the time being shal direct." As to the Act concerning the granting, seating and planting, and for settling the title and bounds of lands, and for preventing unlawful shooting and ranging thereupon, H.M. has thought fit to repeale the same; so that you are to have recourse to H.M. Instructions and former Laws until another Act be passed, according to the Bill amended by us, and transmitted with other Bills by Coll. Nott. As for the Bill you mentioned for establishing the County Courts, Coll. Nott was much in the right not to pass it as the Assembly had amended it, and we insist upon it that the words vizt. the advice of the Council or 5 of them at the least, be left out, for the restraining the Governors from making Justices of the Peace without the advice of 5 of the Council is intrenching upon H.M. Royal Prerogative, and therefore you may be assured it will not be approved here; for that in all the other Plantations the power of appointing and displacing Justices of Peace is solely in the Governor without the necessity of the advice and consent of the Council, with whom it wou'd nevertheless be prudence in the Governor to advise for his better information as he shal find convenient. As to your doubt about the style of Proclamations, it ought to be by the President and Council of H.M. Colony of Virginia. We are glad the Assembly have appropriated a fund for the building of a house for a Governor. As to the patenting of lands on the South side of Blackwater Swamp and elsewhere, we are of opinion that the grants ought not to be made upon natural surveys, but that officers be appointed to take exact surveys of the number of acres, and that the grants be then made according to the proposal in Coll. Nott's Instructions, which will be most conducive to H.M. service. However, the grants that have been already passed and signed, or were prepared for signing may stand good when signed by you, provided sufficient care be taken that the persons to whom the grants are made do seat the said lands as directed by the foresaid Instructions and duely naving their quit-rents. We think it absolutely necessary for H.M. service that the bounds be run and ascertained between North Carolina and Virginia, and therefore we wou'd have you see it perfected as soon as may be. We think it further necessary that the dispute about the lands in the Fork of Rappahannock River be determined; we have seen the report relating thereunto which you have sent us, but as that gives us no satisfaction, we desire you to cause that matter to be thoroughly examined and then to transmit to us your opinion upon the whole. In the meanwhile we must advise you to be watchfull that H.M. lands be not invaded under pretence of a grant to any Proprietors. We hope that the differences which you say Coll. Nott had in a great measure composed, will by your prudent management be brought to an amicable determination. As to what you suppose, that the Assembly is dissolved upon the death of a Governor, we are of opinion that the Assembly is not dissolved thereby; for the same royal power from which the Assembly had it's first being does subsist notwithstanding the death of the Commanderin-Chief, and therefore the person succeeding the Governor in the chief administration (who with the advise of the Council is the proper judge whether it be for H.M. service that such Assembly be dissolved or not) may dissolve the same if he finds cause. We have laid before H.M. what you write concerning the French prisoners sent to Virginia from the Government of Carolina, and are expecting H.M. pleasure thereupon. As for your sallary as President of the Council, that matter will be determined by my Lord High Treasurer to whom it belongs. Enclose H.M. letter relating to the passing of laws of an extraordinary nature, as Nov. 8, and directions for correspondence, as Dec. 13, 1706. [C.O. 5, 1362. pp. 111–116.]
March 26.
Whitehall.
825.Council of Trade and Plantations to Governor Seymour. Acknowledge letters of Aug. 21, and another without date, as also one to our Secretary of Aug. 15, wherein you say that you had transmitted the old Seal by Mr. Evans; we have not yet received the same. We have under consideration the Laws you have sent us, and we hope in our next to be able to give you an account of what will be done therein, in the mean time we think fit to acquaint you that the Act for Ports being referr'd to the Commissioners of the Customs, we expect their Report thereupon, which so soon as we receive, we shall take care to dispatch. We have represented to H.M. what you write about the consequence of the uncertainty of convoys, whereupon H.M. has been pleas'd to order that for this season a convoy do immediately proceed with such ships as shall be ready to sail for your Parts; and that another convoy do sail from hence the latter end of Aug., or beginning of Sept. next, but that for the future there be but one convoy every year, during the war, to sail in Aug. or Sept., which method we doubt not will prove to the advantage of the Planters and of the tobacco trade. As to what you write concerning the Jesuits, who are so troublesome under your Government, we have it under consideration, and shall not fail to acquaint you with H.M. pleasure thereupon. As to what you write in reference to the Provisional Court's opinion about the Statutes of England being in force in Maryland, we are consulting H.M. Council learned in the Law, and shall let you know their opinion therein as soon as may be, and for greater certainty you may continue to pass any Laws for the good of the Colony, which ought to be made in separate Bills by themselves. Tho' the encouragement of the production of naval stores in the Plantations be[ing] of the highest importance to England, yet it is not fitting to be encouraged in those places which are proper for the production of tobacco, and therefore you will take care therein; but that the production of naval stores may be in such parts of your Government as are only proper for them. As to the want of skill in your people to manufacture pitch and tar, you may take notice that H.M. has been pleased to send a person on purpose into America, to instruct the people in the best method of making those commodities; who is Mr. John Bridger, now in New England, from whence he will write such directions in that matter as he is able to give, if you require the same from him. As to the 260l. of the 3d. per hogshead, which the Assembly find to have been misapply'd in Col. Blakiston's time, that matter is now before my Lord Treasurer, who will give the necessary directions therein. And as to the Assembly's desire of a small species of copper coin, if they send over the value hither, we shall move H.M. that such a quantity of copper coin be sent in lieu thereof; upon condition that no persons be forced to take the same in payments, wch. ought to be voluntary. We send you here inclosed a letter from H.M., in the same terms as to the Governors of H.M. other Plantations, relating to the future passing of Laws of an extraordinary nature, by which you are to be guided and directed upon such occasions. Add Instructions as to Correspondence as Dec. 13, 1706. Enclose copy of Sir T. Laurence's reply to the reasons given by the Assembly for taking the benefit of the wine-licences from the Secretary's Office. [C.O. 5, 726. pp. 427–431.]
March 26.
Whitehall.
826. W. Popple, jr., to Isaac Addington. Acknowledges letters of Oct. 8 and 10 etc. [C.O. 5, 912. pp. 329, 330.]
March 27.
Whitehall.
827. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M.
827. i. Council of Trade and Plantations to the Queen. Having considered an Act of Virginia, passed by the late Governor Nott, concerning the granting, seating, and planting lands, etc., we find therein several clauses which render the said Act unfit for your Majesty's royal confirmation, for that amongst other things it enacts, that all persons may take up 200 acres of land for each taxable servant they have above the number of five, besides 50 acres allowed the importer for each servant brought into that Colony, and tho they are restrained not to have above 4,000 acres in one patent, they are not prohibited from having several patents, so that by this clause any person having 100 negroes may take up 19,000 acres of land, which is more than can be cultivated by one owner, and so in proportion for any greater or lesser number. By which means all the lands remaining ungranted in that Colony may fall into a few rich men's hands, which will be a discouragement to such persons as might go to settle there. The said Act declares that the building of one house of wood, of 12 ft. square, and the clearing, planting and tending at least one acre shall be deemed a good and sufficient seating and planting of land, but does not specify for what number of acres; whereas it ought to have been for each 50 acres, pursuant to your Majesty's Instructions in that behalf. And, as the Act is now penn'd, if such a house be built and one acre of land cleared and planted, it will be judged sufficient for a grant of 4,000 acres, which we are humbly of opinion will further hinder the settlement of that Colony. For which reasons and several other imperfections in the Act, we humbly offer that your Majesty be pleased to signify your disallowance of the same. [C.O. 5, 1362. pp. 117–119.]
March 27.
Kensington.
828. The Queen to Governor Handasyd. Warrant for the admission of John Stewart to the Council of Jamaica, in the room of Col. Charles Knight decd. Countersigned, Sunderland. [C.O. 5, 210. p. 26.]
March 27.
Kensington.
829. Order of Queen in Council. Referring following to the Council of Trade and Plantations for their report. Signed, John Povey. Endorsed, Recd. Read April 2, 1707. 1 p. Enclosed,
829. i. Petition of Charles Squire to the Queen. Governor Sir B. Granville and the present Council of Barbados refuse, without reason, to allow petitioner to practise at the Bar. Prays relief. Copy. 1 p. [C.O. 28, 9. Nos. 99, 99.i.; and 29, 10. pp. 430–432.]
March 27.
Kensington.
830. Order of Queen in Council. Referring following to the Council of Trade and Plantations for their report. Signed, John Povey. Endorsed, Recd. 3rd, Read April 17, 1707. 1 p. Enclosed,
830. i. Petition of John Sandford and John Dorn to the Queen. Petitioners were members of a Court of Oyer and Terminer, Barbados, Dec. 10 last, when Samuel Cox, Chief Judge, took upon himself to nominate and impanel the Juries, and for that purpose brought into Court a paper containing the names of the Juries he had chosen out of 66 returned by the parishes. Sandford and other Justices upon the Bench told him there were several other fit persons to be impanelled, and averred they had a right to be consulted in the impannelling, both by law and practise. The Chief Judge affirmed that he had the sole right of empannelling the Jurys, and ordered the Grand Jury to be sworn. On the second day of the sitting, and before the Petty Jury was sworn, petitioners and other Justices drew up a paper requesting the Chief Justice to put the matter to the vote of the whole body of Justices then assembled. He refused, but replied next day in a paper threatening such Members as should interrupt his proceedings. Upwards of 20 Members then signed a protest and a bill of exceptions, which the Chief Judge refused to accept. When these exceptions were offered in the Court, William Walker, then at the Barr, said that none were entitled to a Bill of Exceptions but the parties concerned. Sandford did without hesitation say "We are a Party," at which the Chief Judge and two or three Members of the Court raised a tumult, as if Petitioner had been declaring himself of a party, and he was hurried off the Bench by constables and armed men, whom the Chief Judge etc. called into Court. Without any order of the Court, he was carried to prison, even tho' he desired to explain himself, which liberty the Chief Judge refused, which occasioned him to call out if there were no Members of the Court to do justice, and Dorn affirming the right of the Court and arguing with one of the Members about the word "party," all the Justices being then in disorder, some declaring they would stand by the Chief Judge, but the major part ascertaining the right of the whole Court, was pickt out from the rest and by the said Cheif Judge ordered to prison, without any vote of the Court, neither did any Member who disliked such arbitrary proceedings, dare offer any motion in behalf of Petitioners, the Cheif Judge calling out aloud, Are there any more of you have anything to say ? Petitioners were detained in the common goal many days, and were refused and delayed the benefit of their Habeas Corpus by contrivances uncommon and unwarrantable, some lawyers having given it under their hand they were not bailable. During their imprisonment, several depositions were obtained to be transmitted for England, the Justices interrogating and swearing the persons only to a part of what happened, neither were Petitioners summoned or suffered to be present. Pray for relief and that the Chief Judge be dealt with accordingly. Copy. 6 pp. [C.O. 29, 8. Nos. 100, 100.i.; and 29,10. pp. 435–445.]
March 27.
Kensington.
831. Order of Queen in Council. Referring following to the Council of Trade and Plantations for their report. Signed and endorsed as preceding. ¾ p. Enclosed,
831. i. Petition of Wm. Cleland, James Colleton and John Holder to the Queen. When Col. Sharpe took upon him the title of Commander in Chief of this and other of your Majesty's Charibbee Islands, and did exercise an authority contrary to your Majesty's Commission, and even contrary to the Articles laid down by Sir B. Granville and signed by the Council, petitioners made a Representation to him. He has exceeded his powers (1) in issuing commissions as Commander in Chief without the advice and consent of the Council, whereas petitioners think that by H.M. Commission all such commissions ought to be issued by your Majesty's Council, and that he as President ought to sign them, as hitherto has been practised. (2) The President has made publication in the Churches to the great amusement of your Majesty's subjects without the privity of the Council. (3) He has never consulted the Council in giving orders to your Majesty's ships for cruizing, but has all along done the same by his own authority. (4) He has received addresses from many inhabitants directed to him as Commander in Chief in a tumultuous manner, which were carryed about the parishes and signed by ignorant people, servants etc., and at the same time there were collections of money throughout the Islands to procure the dissolution of the Assembly, one man having for that purpose offered to pay down 2,000l. sterl. (5) He has threat'ned several Members of the Council with suspension without cause, and did transact business in Council with only two Members, Samuel Cox and Alexander Walker, when the quorum is 5, as will appear by a Minute taken by the Clerk when the resolution was taken to dissolve the Assembly. (6) He has in an unparalleled manner, taken upon himself by his own authority and without the consent of the Council, to dissolve the Assembly, tho petitioners protested in Council, which protest he would not suffer to be read or entered. (7) He has by his own authority called a new Assembly and issued writs for that purpose in his own name, without the advice or consent of the Council. (8) He has proceeded to issue orders to take depositions against several persons ex parte. (9) He has not communicated to the Council letters he has received from the Board of Trade etc. Sir John Jennings affirmed to one of our Members that if H.M. pleasure concerning St. Vincents had been disclosed to him, he would have appeared before that Island with his squadron, to have given credit to any person sent from Barbadoes for cultivating correspondence with the Indians, as directed. (10) He has countenanced Samuel Cox, C.J., in an open violation of the laws and libertys of H.M. subjects etc. Pray that depositions be ordered to be taken under the seal of the Island, which the President has refused etc. Signed, Wm. Cleland, James Colleton, John Holder. Jan. 2, 1706/7. Copy. 4¾ pp. [C.O. 28, 9. Nos. 101, 101.i.; and 29, 10. pp. 446–454.]
March 28.832. Attorney General to the Council of Trade and Plantations. Reply to Queries, Feb. 27, relating to fines laid on Vetch and Rouse. I have perused the Charter of the Massachusets Bay, the severall Acts of Assembly, and heard Mr. Phips, the Agent, and am of opinion, (1) The General Assembly there have no power granted them by Charter to proceed in the manner they have done, the power granted them being onely to make laws, to be a rule to the people there, but no power is granted them to execute the Laws, or proceed against criminals, but that is to be in the Courts of Justice there. (2) If they had such power, I am of opinion they might legally impose a fine on a man without a salvo contenemento, otherwise a poor man is not to be ffined at all. (3) For the reasons in the answer (1) I am of opinion those Acts are not fitt to be confirm'd, and confirmation of the same will make a precedent, wch. I apprehend will be attended with dangerous consequences and inconveniencys, and deprive the subjects of their birthrights, to be tryed by a Jury upon oath. (4) I am of opinion, these laws being repealed, the offenders may be tryed as they might have been, before these Acts were made. Signed, Edw. Northey. Endorsed, Recd. Read April 7, 1707. 2 pp. Enclosed,
832. i., ii. Copies of letters Feb. 27, '07 and Oct. 8, '06. 5¼ pp.
832. iii. Deposition of John Nelson and Capt. Jno. Alden, mariner. Having long resided there, deponents affirm that the Indians who traded with Vetch etc. never could, by their situation, be offensive to H.M. subjects etc. Their country was formerly under the Crown of England by the Patent of Sir Thomas Temple, Barot. of Novæ Scotiæ, dated July 17, 1662. 1 p.
832. iv. Saml. Vetch and others to the Council of Trade and Plantations. Pray for the remission of their fines etc. Signed, Saml. Vetch. 1 p. [C.O. 5, 864. Nos. 177, 177.i., 178, 179, 180; and (without enclosures) 5, 912. pp. 349–352.]
March 28.833. Attorney General to the Council of Trade and Plantations. In reply to letter of Feb. 11. I am of opinion that Pogson, having been tryed and acquitted for murder, cannot now be tryed for manslaughter on the statute of stabbing. He might have been tryed on both indictments if the Jury had found them at the same time, but cannot at different times, manslaughter on the statute being included in murder, and his life shall not be twice in danger at the Queen's prosecution, the acquittall of murder is no barr of an Appeal, which is the subject's suite, but that may be brought against him within the year and day after the death of Col. Johnson. Signed, Edw. Northey. Endorsed, Recd. Read April 1, 1707. 1 p. Enclosed,
833. i. Duplicate of No. 757. 1½ pp.
833. ii. Extract of Governor Parke's letter Oct. 31, 1706. 1 p.
833. iii. Duplicate of proceedings at trial of Pogson. Nos. 559.i., ii. 6 pp. [C.O. 152, 7. Nos. 1, 2, 2.i., ii.; and (without enclosures) 153, 9. pp. 473, 474.]
March 28.
Whitehall.
834. Earl of Sunderland to Governor Parke. In reply to letters of Dec. 9, and Jan. 19, H.M. approves of your having refused to renew the leases of the French lands in St. Kitts, and would have you to do nothing therein till you receive her further orders. Care is taken here to send you forthwith a considerable quantity of stores and provisions, and all possible methods will be made use of to restore Nevis and the rest of the Leeward Islands in the most effectual manner to their former flourishing condition. I am to tell you H.M. does totally reject your proposall of sending 10,000 Scots into your parts: perhaps the sentiments of those may differ from yours as to religious matters, yet H.M. looks upon them as good subjects and good Christians, too good to be knock't on the head upon so wild a project. I am glad your scheme did not appear before the Union was finished, for if it had, possibly it might have occasioned some delay to that which all Well-wishers to Great Brittain think so great an advantage to H.M. Interest and the People of both Nations. Signed, Sunderland. [C.O. 5, 210. p. 12.]
March 28.
Whitehall.
835. Earl of Sunderland to Governor Crowe. In reply to Mr. Sharp's letters Dec. 5 and Jan. 2 etc. By all of them it appears that the heats and disorders in Barbadoes are as great as ever. Mr. Sharp has done all that in him lay to putt an end to them, and has acted with a great deal of prudence and courage, much to the satisfaction of H.M., therefore it is expected you should pursue the same methods as he has done. The Queen would have you strictly to enquire into the authors of these disorders, particularly into Cleland's behaviour, who seems to be the chief actor and promoter of all these mischiefs; you are sufficiently arm'd with powers to putt an end to them, and I hope by your steady conduct, you will prove the happy Instrument of restoring that Island to its former flourishing condition and quiet. Signed, Sunderland. Duplicate signed Oct. 14, 1707. [C.O. 5, 210. p. 13.]
March 28.
Whitehall.
836. Same to Mr. Sharpe. H.M. is very well pleas'd with your prudent conduct etc. as preceding, and is very sensible how difficult a task you have had to keep things upon any tolerable foot, considering the Disorders that have been occasion'd by some turbulent spirits amongst you. I don't see what assistance you can have at present from hence more than is already sent you; therefore you must wait the arrival of your new Governor, Mr. Crow, who is sufficiently arm'd with Instructions and Powers to putt an end to all these disturbances; I don't doubt but he is with you before now, but if by any accident he should not, H.M. would have you continue to act as you do, and use your utmost endeavours for suppressing and quietting those heats and tumults amongst you. I shall write to Mr. Crown by this Pacquet and acquaint him how much it concerns H.M. interest and the good of your Island to have an example made of the promoters of these disturbances. Signed, Sunderland Duplicate, Oct. 14, 1707. [C.O. 5, 210. pp. 13, 14.]
March 28.
Whitehall.
837. Same to Governor Handaside. I have laid your letter of Jan. 29 before the Queen, who very well approved of the conduct you have shewn in relation to your Assembly, and of your resolution of not passing any Laws of extraordinary nature without first having H.M. approbation; I don't question but your prudent management will allways prevent the mischiefs which may arise from the extreams and errors such popular Assemblys are too apt to run into. H.M. does likewise approve of what you have done to Burrow, such a one ought to have all the discountenance can be shewn him by Law, and if possible, you are to suppress that turbulent spirit of his, which may be sc mischievous to the Peace and Quiett of H.M. subjects. Care will be speedily taken for sending the Recruits you require. The Spaniards in your parts will soon be convinc'd that our affairs in Spain are not in so desperate a condition as they foolishly imagine. My Lord Rivers has landed 10,000 effective men in Valentia, which with the forces that were there before will make an army of near 40,000 effective men: the first notice of our landing had this good effect, that the enemy immediately quitted severall posts upon their frontiers to retire nearer to their Capitall. Our army there has without doubt taken the field by this time, and I don't see how the Duke of Anjou can bring together a force sufficient to oppose them, especially considering the desperate condition the affairs of France are in everywhere else both as to sea and land, that they are not able to send any considerable succours to Spain. The French have given up all Lombardy which is now actually in the possession of the Allies, only for the saving about 7,000 men etc. The Duke of Savoy and Prince Eugene will have an army of at least 70,000 men ready to march into France early this campaigne; and the allies on the other side of France under the Duke of Marlborough will be able to do the same with a much greater army, so that I don't see how France can shelter herself from the storms which are immediately coming upon Her, without giving up Spain to King Charles, and add to all this that the troops which France has now on foot are in a miserable condition, having been recruited with boys that can be no ways serviceable to them this campaigne; and those of the Allies are stronger and in a better condition than ever they were. Besides the Force we have now in Spain, we are sending immediately 4,000 men more to Portugall, which when joyned with the Portuguese will make a body of 20,000 men, and the enemy has no force on the frontiers to oppose our march into Spain on that side. Part of our Fleet is now in the Mediterranean, and a great reinforcement speedily going to them, so that we shall be absolutely masters at sea in those parts, and soon reduce the Islands to the obedience of King Charles. You will do well to publish an accot. of this, and disperse it amongst the Spaniards that they may see their true interest, and be no longer deceived and impos'd upon by the false relations sent them from France. There is a ship going to Jamaica called the Kingston freighted by Mr. Dummer: I desire you will give directions to have her clear'd as soon as may be, for after she has made this trading voyage, which is the only one she is to make, she is to be taken into service for carrying the mails between England and the West Indies. Signed, Sunderland. [C.O. 5, 210. pp. 15–17.]
March 29.
Antigua.
838. Governor Parke to the Council of Trade and Plantations. Encloses duplicates. Our apprehension of being attacked is now over, having an account that what men of war arrived att Martinico are gone to Leeward, and the 18 sayle the last Packett saw at sea were Dutch ships bound for Surrynam, where they are arrived; whilst the Fright lasted the People sent negroes to fortyfie Monks Hill, but being over I can't gett a negroe to finish what I had begun, but they promise to doe it when the crop is over; I desired them to make a regular Fort, and Coll. Lilly being here offered his service, but they could not be perswaded to be at that expence. In your last to me you direct me not to enclose any of my letters in your packett, had I ever done any such thing I should have deserved a reproof, etc. I never will trouble myself to write to any one that is unwilling to be at the charge of postage. The Assembly of this Island have allwaies allowed quarters to the soldiers, and tho they make the Act but for three months, yet the Treasurer does allwaies continue the quarters till another Assembly sitts, and 'tis allwaies allowed, the other Islands did the same, whilst they were able, but now they have it not for themselves, had the men their cloaths and pay allowed by the Queen, they might live very well. I have informed the Assembly that the Act for regulating their Courts did not pass at home, and gave them the Attorney General's reasons. I have not as yett gott them to pass another Act agreable to his exceptions, soe that as yet there is no Court kept, the Act last sent home repealed their former Act, and that not passing in England, the Lawyers dispute whether the old Act be in force or not. On Munday next they meet, and hope there will be some expedient found, that people may know how to come by their right, which hitherto has been noe easy matter. Your Lordships when I send the Journalls of the Councill and Assembly will see whatsoever has been done since I came to my Goverment; it had been sent sooner but our continuall allarms has been a good excuse for the Deputy Secretary not coppying them for me. I should have sent the broken Seale, if it had been in my power, tho old Col. Codrington and Sir N. Johnson in the like cause were permitted to keep it as a perquisite, the vallue of the silver is not above 3 or 4 pounds sterl., when I arrived, pursuant to your order, I caused the Seale to be brought before the Councill and broke, the peices lay upon the table, there was a vast crowd of all sorts of people as saylors, negroes etc., when the Councill broke up, I went away and forgot it, the Deputy Secretary said he gave it to my man, he said he put it into a table drawer, I never thought of it till I went to St. Christophers, I sent about it but the table was removed out of the house by the owner, and from that day to this I never could hear what became of it. Had it been possible to have procured such peices, if it had cost never soe much, I would have done it, but all that can be done now is to pay the vallue of it, the man that made the seale your Lordships' Secretary gave me can inform the vallue, etc. which I will order my Agent to pay. I thought I did a very prudent act in removeing Col. Hamilton from St. Christophers to Nevis and making Col. Lambert Lt. Governor of St. Kitts, for there were a great number of complaints against Col. Hamilton at St. Kitts, being generally haited there on account of Col. Codrington's putting him upon some things not to be justified and he being himself desireous to be removed to Nevis; upon Col. Johnson's death, by desire of the people of both Islands, I made Hamilton Lieut. Governour of Nevis, and Lambert Lt. Governour of St. Kitts, they were strangers to me, but I thought it Col. Lambert's due, he haveing been President of the Councill many years, and has been in all the West India service etc. Repeats conclusion of following. Signed, Daniel Parke. Endorsed, Recd. 2nd, Read June 5th, 1707. 4 pp. [C.O. 152, 7. No. 8; and 153, 10. pp. 12–17.]
March 29.
Antigua.
839. Same to [the Earl of Sunderland]. Repeats part of preceding. I cannot very much blame [the people for not continuing the fort], for every year they are allarmed, which putts them to a great expence, and hinders their makeing sugar. I had an Order of the Queen and Councill to oblige Col. Codrington to restore Mr. Baron a ship of his etc. His answer was, the Law was open, and if he owed anything, he might sue for it. I desire your Lordship's Instructions how I am to proceed with him. I have it in my Instructions, and alsoe a power from Mr. John Parkhurst by order from my Lord Treasurer to prosecute Col. Codrington for the prizes taken last war, which I am about, and want only one Buckeridge, the principal witness against him, who is comeing from England, as soon as he arrives I don't doubt but to recover a considerable summe, which shall be sent to my Lord Treasurer. I have by doing my duty in these orders disobliged this Gent. to a very great degree. I hope my Ld. Peterborough, who is very much Col. Codrington's freind, will not do me any disservice with your Lordship, and I hope I shall have your Lordship's protection, whilst I doe my duty, and that if anything be told your Lordship to my prejudice, it may not hurt me in your Lordship's esteem untill your Lordship hears what I have to say, etc. P.S.—One of the Queen's bounty ships is arrived with the Speedwell and Maidstone. I have sent orders to the Lieut. Governours of Nevis and St. Christophers to distribute the provisions to the people; I had done it myself, had I not expected then to have been attacked in this Island. Signed, Daniel Parke. Endorsed, Recd. June 1st. 3 pp. [C.O. 7, 1. No. 16.]
March 29.
Whitehall.
840. Earl of Sunderland to the Council of Trade and Plantations. I have sent you the names of some merchants and others concerned in the Plantations of Nevis and St. Christophers, proposed as Commissioners for enquiring into the losses of the said Islands, and how to restore the same to their former condition pursuant to the Address of the House of Commons [March 18] I desire you will let me know as soon as may be whether you have any objections against any of them and what they are. Signed, Sunderland. Endorsed, Recd. Read March 31, 1707. Enclosed,
840. i. Names of proposed Commissioners for Nevis and St. Kitts; 8 from each Island and 13 from London. ¾ p. [C.O. 152, 6. Nos. 79, 79.i.; and 153, 9. pp. 471, 472.]
March 30.841. Capt. Moody to the Council of Trade and Plantations. Reply to March 15. (1) The bread was unfit for use. (2) (3) I did buy the bread which was destroyed by the French, and I left provisions, etc. etc. Signed, J. Moody. Endorsed, Recd. Read April 1, 1707. Addressed. 2 pp. Enclosed,
841. i.–iii. Depositions of A. Cumings, Merchant, Peirce Griffith, and Tim. Moore, Pursers, in support of preceding. 3 pp.
841. iv. List of provisions left at St. Johns by Capt. Moody, Nov. 1, 1705, and surveyed by order of Commodore Bridge. Signed, Hu. Dart, Tim. Moore, Jno. White. 1 p. [C.O. 194, 4. Nos. 24, 24.i.-iv.]
March [? 31].842. Attorney General to the Council of Trade and Plantations. Reply to letter of Dec. 6, 1706. By Law where a man dyes intestate in the Plantations having a personal estate there, and also any personal estate or debts owing here in England, the right of granting administration belongs to the Archbishop of Canterbury, and if administration be granted in the Plantations also (which may be) that administrator will be accountable to the administrator in England, but will be allowed the payment of just debts, if paid in the order the Law allows of, that is to say, the whole personal estate in England and the Plantations will be liable to all the intestate's debts in both places, and out of the whole, first, debts owing to H.M., then judgments, statutes and recognanzes, their bonds, their debts without specialty both there and in England are to be satisfied, and the administrator in the Plantations will not be allowed the payment of any debts without specialty, if there be debts of a superior nature unsatisfied in England, for every administrator is bound to take care to apply the intestate's assets to discharge his debts in the order the Law directs, and it matters not whether the debts were contracted in England or the Plantations. If there be debts of equal nature in England and the Plantations, the administrator may discharge which he pleases before he be sued for any other of the like nature. This indeed is some difficult on administrators, but it is no more there than in England And attempts have been made by Acts of Assembly in some of the Plantations, particularly, as I remember, in Pensylvania to appropriate the effects in the Plantations of persons dying there to the discharging debts contracted there, but those Acts have been repealed here, as being prejudicial to this Kingdom I am also of opinion that when the letters of administration arrive at the Plantations under the Seal of the prerogative Cour of Canterbury, they are to be allowed there, and the authority of the administration granted in the Plantations from that time ceases. Signed, Ed. Northey. Endorsed, Read April 1, 1707 2½ pp. [C.O. 5, 1049. No. 28; and 5, 1121. pp. 22, 23.]
March and
April, and May.
843. Permits for 21 ships bound for Virginia, Maryland and the West Indies, not to be embargoed there. [C.O. 5, 210. pp. 22, 23, 27, 28, 30, 35.]