America and West Indies
November 1707, 1-15

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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579-602

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'America and West Indies: November 1707, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 23: 1706-1708 (1916), pp. 579-602. URL: http://www.british-history.ac.uk/report.aspx?compid=73750 Date accessed: 21 October 2014.


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November 1707, 1-15

Nov. 1.
Kensington.
1173. H.M. Warrant granting Henry Lowe, Councillor of Jamaica, leave of absence for a year. Countersigned, Sunderland. Endorsed, Recd. Read Dec. 3, 1707. 1 p. [C.O. 137, 7. No. 66; and 137, 45. No. 89; and 5, 210. pp. 68, 69; and 138, 12. pp. 182, 183.]
Nov. 3.
Whitehall.
1174. Council of Trade and Plantations to the Earl of Sunderland. Enclose, for H.M. signature, Instruction to Edmond Jenings, President of the Council of Virginia, as to the devolution of the Government. (Cf. Oct. 31.) [C.O. 5, 1362. pp. 264–266.]
Nov. 3.
Whitehall.
1175. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M.
1175. i. Council of Trade and Plantations to the Queen. Quote Representation of Dec. 15, 1704, and Attorney General's opinion, Aug. 27, 1707, and recommend accordingly H.M. approbation of Act of New York declaring the illegality of the proceedings against Col. Bayard and Alderman Hutchins. [C.O. 5, 1121. pp. 106–108.]
Nov. 5.
Barbados.
1176. Governor Crowe to the Council of Trade and Plantations. Your Lordships' letter of Aug. 14 with its sundry incloseds lyes now before me, and for the ffuttur I shall take care to signe all duplicates. Col. Lilly has not yett finish't the draughts of the fortifications, when compleated shall be sent home with the nearest calculate that can be made of their repaires. St. Ann's will be ruined by the excessive raines, which often falls on the unfinish't workes, and the Assembly is soe farr from thinking on that most importunate place, that I cannot perswade them as yett to raise any fund for the most necessary expence and repaires of those places already provided for the stores; all ye field trayne and waggons now lyeing exposed to the weather, without a barrle of tarr to preserve them. The last year's tax is not yett all pay'd into the Treasury, which will not discharge by some thousands of pounds the orders already granted thereon. And as I have already wrote your Lordships, this Island is soe drained of cash that there is little to be procured for the menutest occasions, which is one great reason for the poorer sortes leaving us. And last week one Harrison, a Planter (being much in debt) (notwithstanding the strictest orders given to the fforts), run off in a sloop with above 60 negros, leaveing his land to the creditors; I wish this may be the only instance of that kinde, considering the misserable and low condition of the inhabitants, which will be insuportable, except H.M. be gratiously pleased to take this place under her consideration and compassion. I have perswaded the Assembly, instead of an Act to enquire into past grivances, to prepare a Bill only to settle all publick accounts unajusted, which now lyes before the Councill: for the other would have been a means to ffoement their unhappy devisions. I have already wrote your Lordships that the late Cartell with Martinique only served to promote the French trade and intelligence, every Flag of Truce bringing up a cuning officer, the last had a Merreen Capt. on board with a parcele of cocco, which I ordr'd the seizing of after it had been landed here; They have severall privateer sloops, which very much anoy our Northern trade, and wou'd much more if they cou'd by their often being here gett intelligence when we expect the said vessells, or their time of saileing hence, which with the noe proffitt that I could perceive by a correspondency with them (except H.M. would be pleased to allow of a trade), were my reasons for not allowing the continuance of sd. Cartell. As to my sitting in ye Grand Sessions, it was by the desire of all, and request of the Councill, as by the inclosed Minute, and had its intended effect of avoiding the disorders that had been often committed, by commissionating that Court, which I likewise had their thanks for. But I shall for the ffuttur (as in all things) acquesce with your Lordships' better judgements, and the liberty given me by the last printed Law, to eas myself of soe great a trouble. I shall order H.M. gratious pleasure in confirming the Act to ascertain the payment of Paper Bills, to be publish't as all Acts heretofore in the Church's, this being the first of that kinde, for formerly all Acts were in force untill H.M. repeal'd them, and for want of a due entery of such Repeals, disputs are arrisen thereon, which to prevent, I humbly beg your Lordships would be pleased to order the sending me a list of all those that have been soe repeal'd. I have notified to ye Councill, and order'd the entery into ye Books, H.M. pleasure in discharging Messrs. Sharpe and Cox from the complaints against them, and dismist Col. Cleland from that Board and all other imployments. By the inclosed coppys of the Committe appointed for the examining into the present state of affaires, your Lordships I hope will be convinc't that I have not been wanting on my part, what ever others are on theirs. It would be some help to this Island, if the trade between New England and Suranam were obstructed, for if I bee rightly informed, great quantitys of rum, sugar and molasses goe in returnes for their horses, flower and other provisions. By the inclosed Minute of a Court of Grivance, and the Members' reasons for the same, your Lordships will perceive H.M. pleasure is humbly desired in Mr. Holder's case. The Navall Office list for the last 3 months I have sent a coppy thereof to the Commissioners of the Customs. The two men of war that went downe to St. Vincents, and to cruise in the latt. of Martinique for 12 days, are not yett returned. Amongest ye inclosed papers your Lordships will perceive the unaccountable last night's resolves of the Assembly, against the admitting of Col. Holder's grivance to H.M. gratious determination. Which shews how much they would incroach upon the Prerogative, for the whole Law has it's due course. Signed, M. Crowe. Endorsed, Recd. 23rd, Read 28th Jan., 1707/8. 7 pp. Enclosed,
1176. i. Minutes of Council of Barbados. Oct. 28—Nov. 4, 1707. Upon the petition of John Holder, the Council agree (Wm. Wheeler and Saml. Beresford dissenting) that, upon giving good security, he be relieved from the clause in the Act for ascertaining the payment of bills, obliging him to refund 2,592l. 6s. 10d., being the commission given him under the Paper Act. Their reasons for this vote are given by Patrick Mein, Wm. Cleland, Thomas Alleyne, John Colleton and Timothy Salter. Endorsed as preceding. 4¼ pp.
1176. ii. Observations of the Council of Trade and Plantations upon the preceding. We cannot be of opinion that the clause against Mr. Holder is contrary to natural equity, Magna Charta, and H.M. Instructions, etc. as is suggested. The Council's reasons answered in detail. We are of opinion that the stopping the execution against Mr. Holder, according to the powers in that clause, was illegal and of dangerous consequence. June 23–25, 1708. 4½ pp.
1176. iii. Journal of Assembly of Barbados, Nov. 3, 1707. Resolved, that the action of the Council in suspending the proceedings against Col. Holder, as above, is illegal and leads to the oppression of H.M. subjects; that the Governor and Council have no power to dispense with any law legally passed, and that a petition to H.M. be prepared upon this matter, etc. Endorsed as preceding. 4 pp.
1176. iv. Minutes of Council of Barbados, June 5, 1707. The Board unanimously desired H.E. to sit in the ensuing Court of Oyer and Terminer in the Grand Sessions. Same endorsement. ½ p.
1176. v. Minutes of Council of Barbados, July 23 and Sept. 2, 1707, appointing Committees to revise the Laws, and to inspect the Forts and Magazines etc. Same endorsement. 2 pp. [C.O. 28, 10. Nos. 58, 58.i.-v.; and (without enclosures) 29, 11. pp. 169–175; and (enclosures i., ii. only) pp. 259–266; and 319, 1. pp. 128–133.]
Nov. 5.
Barbados.
1177. Extract of a letter from Mr. Sharpe to Mrs. Sharpe. The Governor has declar'd, that if H.M. should restore us again to the Council, yet he will not suffer us to sit, but as youngest Counsellors, under those he has put in our places, at the Board, which I desire you will take particular care to have prevented by some special appointment; for notwithstanding the mighty complements made us at our removal, we well know what Justice we have to trust to here. I am heartily sorry to see what confusions our unhappy Island is like to be brought into by some unfortunate measures, which must inevitably ruine it, unless H.M. interpose and remove the cause. They charge me with having receiv'd, or that I was to receive 2,000l. for dissolving the Assembly and turning out the Colonels and Judges; I assure you, 'tis a damn'd lye. The truth is, when I was first apply'd to, and desir'd to dissolve the then Assembly, 'twas propos'd, that if H.M. should not approve a thing, tho so entirely design'd for the good of the Country, and I should be call'd home, or put to any trouble on that matter, that then 'twould be hard I should suffer for so good a design; and therefore they offered to advance that sum to answer any such unhappy occasion, if need should require the same. But when I found they would not be satisfyed barely with a dissolution, but would also have me breake the Colonels and turn out the Judges, I at once with great heat and indignation told them I would not do any such thing for ten times the value of the Island etc. I did not dissolve the Assembly till long after that on the desires of all the Island, and never had one farthing from any of them all, etc. I am astonished Cleland of all men living should charge me with any such thing, when he himself told Judge Walker (as I have often heard Judge Walker say he could prove on oath) that provided he might have 500l. for it, he would give his vote for dissolving that and as many other Assemblies as they pleased, etc. There is a thing which now seems very odd indeed, the restoring Judge Sandford to his place: but the matter in short was thus; after he had (by some measures which were very extraordinary, and others that did not then appear) been acquitted by the Grand Jury, the Governor ask'd us, if he was put out for any other cause than the former Grand Session business, we told him for nothing else; then he told us, we must now consider that the animosities, heats and divisions of our country had just ruin'd it, and that he saw no other means left to retrieve it, but to forget all that had been past, and to reconcile and heal all for the future, and (not knowing him as well as we do now, but believing he really design'd, and had the good of the Island in view), so the matter went, and he restor'd him without opposition. It is not to be supposed, how easily he had it in his power to reconcile all our unhappy differences here, for all parties (except a few damn'd Incendiaries) began to make all the steps imaginable to that end, and declar'd they were sensible their Country must otherwise be inevitably ruin'd, but wrong measures were taken, the disturbers of our quiet only caress'd and valu'd; so that no[w] we are in ten times a more miserably divided condition than ever, and God knows how fatal the consequences may prove. But by the hints you have given me, I hope H.M. will take compassion upon us. I cannot omit the mentioning some instances of his great justice and prudent conduct; by a late Hurricane the Leeward Islands, we hear, are almost destroy'd, even their very ground provisions are destroy'd, so that if they be not supply'd from hence, they are like to be all starv'd. The poor unfortunate Bankers in a full body also by their humble petition shew'd H.E. they must be inevitably undone, and all their estates laid waste, if not protected by him, etc. But this also met the same answer, with seasonable remarks that even Kings had proved too weak a match for a dispencing power, etc. He has not only dispens'd with the Law in Col. Holder's case, but done it after a most unjust manner, having averr'd that myself and the other Members of the Council, did declare that we thought the clause against him very unjust, but that we chose rather to do him unjustice, than not pass the Bill, which was for the publick advantage etc. I just now hear the Governor has given private orders for several Justices to take such depositions as Col. Cleland thinks fit, 'tis pretended to justify him; but they say 'tis only to make farther animosities and set us together by the ears here; to send Justices about to pick up table discourses and private conversations is a very bad way to heal our differences etc. Endorsed, Recd. (from Mrs. Sharpe), Read Jan. 12, 1707/8. 4 pp. Enclosed,
1177. i. Duplicate of No. 1176. iii. etc. [C.O. 28, 10. Nos. 52, 52.i.]
Nov. 7.
Whitehall.
1178. Council of Trade and Plantations to the Earl of Sunderland. Representation upon Acts of Antigua and St. Kitts, 1706, each granting Governor Parke between 5 and 600l. sterling for house rent. These Acts are ill penned and the sums allowed too much, etc. Propose that he should reside at Antigua and move the several Assemblies in his Government to settle 400l. sterl. per annum for the Governor's house-rent, to be payd in proportion to the number of days he shall actually reside upon each Island respectively etc. Set out, Acts of Privy Council, II. pp. 534–536, q.v. [C.O. 153, 10. pp. 79–83.]
Nov. 7.
Whitehall.
1179. W. Popple, jr., to W. Lowndes. Moves for a return upon Naval Stores imported since 1700, as set out, B. of T. Journal, Nov. 6. [C.O. 389, 19. p. 174.]
Nov. 9.
Jamaica.
1180. Governor Handasyd to the Council of Trade and Plantations. Acknowledges letters of June 26, July 31, and a duplicate of May 9, with enclosures. I understand by your letter of July 31 that you have been informed by a very good hand, that two privateers from Jamaica should have committed piracy and acted contrary to their Instructions on the Spanish coast. There is nothing concerns me more than the having a check from my Superiors for the neglect of duty, where I have faithfully endeavoured to perform it; I must confess there was such a report of a sloop and periago commissioned from Jamaica, one commanded by Charles Knott, the other by Benjamin Scrivner, upon which I gave orders immediatly to apprehend and seize those two vessells and bring them in, but before the sloops that were sent out after them came upon the coast, one of the vessells was cast away but all the men saved, and the other brought in with both the Captains. I secured them, and gave publick notice of the same, that if any persons were injured by them on the coast, or could alledge anything against them, they might declare it in order to have them prosecuted, but nobody could say anything against them, and they brought letters both from Porto Bell and Carthagene of their behaviour upon the coast. I am humbly of opinion that the good hand your Lops. had that information from, wanted something to say to blind his own misbehaviour whilst in these parts. I hope your Lops. will not harbour an ill opinion of me, before I have notice to make a defence for myselfe. I have taken both those privateers' Commissions from them, and have their bonds signed by very secure persons for 1,500l. each, which shall be forfeited if any breach of their Instructions can be proved against them. As to what your Lops. have transmitted me relating to Leters of Administration, I begg leave to give you my opinion in that matter, that according to Mr. Northey's determination of it, in case the administration is granted to a person here to take care of the estate or effects of anyone deceased, he is not secure in paying any debts here, since debts may appear in England which he knows nothing of, and may afterwards be obliged to pay out of his own estate, so that I know of no way he has to be secure, but by keeping the whole estate or effects he administers upon in his own hands; but I shall as near as possible comply with everything your Lops. shall recommend to me. As to your Lops.' order to give you an account of all transactions that have happened in the Councill and Assembly for these four years past, and likewise in relation to the publick Revenue and other Offices, I shall make known the same to the persons now in those Offices and give them directions to observe them, but I know it will be impossible for some of them to comply, severall of them being new Officers, and cannot answer for the neglects of persons before them; and particularly in matters relating to the Assembly. I am of opinion your Lops. are not very well acquainted with the nature of our Assemblys here, they never keep any record of our Minutes, or transcribe them any other wise than as they send them up to me, during their sitting, in the manner I have sent them to your Lops. I shall be obliged to call an Assembly within these two months, the Quartering Act being near expired; and I am very apprehensive they will provide but indifferently for the officers and soldiers, tho they cannot but be sensible of the services they have done them in preventing the insults of the enemy, who have not taken above 28 slaves off the Island this war, they have severall times attempted it, but meeting with handsome repulses have since been very quiet. Your Lops. command me to give an account to the Prize Office of what relates to the prizes. It is impossible for me to do it, the place where I am obliged to reside being 18 or 20 miles from the Port, and can have no other account of the prizes than what the captors or Prize Officers give me, and I take it to be properly their business: Whoever is Governor here in time of war, never wants business, if he does the part of a faithfull servant, as I hope I have done, without having business crowded upon him that is so fforreign to his imployment. I have seen a letter to the Agent for prizes here, Mr. Hamilton, from the Prize Office in London, the purport of which is "You are in any of the Islands in the West Indies belonging to the Crown of Great Britain to call to you so many of the Commissioners of the Island you are at, as you shall judge most proper, together with yourselfe to make up the number five, and the Governor of the place for one, and then to call before you or summons such persons as you think fitt to make what discoverys you can of any embezlements made of H.M. prizes." This I think is heaping more hardships upon me than I am able to support, that I shall be obliged to sitt with the Agents for Prizes, and be at their call to go where they think fitt, and leave all other business at a stand; therefore must desire your Lops.' favour in these matters, which are impossible for me to perform. I gave an account in my last of the ships taken by Commadore Wager's squadron, but not having then an account of their names and by what ships taken, shall now give it you in a more particular manner:—The Jesus Maria Joseph, bound to Campeachy, of 160 tonn, 60 men and 14 guns, laden with cocoa, taken by the Assistance; the Young John of Flushing, trading on the Spanish coast, of 120 tonn and 18 guns, loaden with divers contraband goods taken by the Severne; the Sancta Rosa from Canaries bound to Campeachy of 250 tonn, 160 men, 20 guns, loaden with wine, brandy, iron, steel and sundry dry goods, taken by the Kingston and Portland; she was burnt by accident at the Keys of Port Royall: El Gravelein from Canaries, bound to Havana of 150 tonn, 129 men and 10 guns, loaden with wine, brandy, iron, steel and sundry dry goods, taken by the Kingston and Portland: Le Brave from Rochell bound to Leogan, of 200 tonn, 60 men and 18 guns, loaden with wine and other goods, taken by the Dunkirk's prize. Mr. Wager and I are doing all we can to get the squadron out, which I hope will be ready within four or five days. I am putting on board all the soldiers of H.M. Regiment I can spare, and raising what volunteer sailors we can, on a designe to endeavour to intercept the galleons in their way from Carthagene to Porto Bell, which we are informed will sail the latter end of this month. I think the Island, and merchants, as well as myselfe very happy in the exchange of the Commadores. Trade continues very dull, everybody being discouraged from venturing since our last misfortunes, but I doubt not but it will soon recover, Mr. Wager taking all the methods he can to protect our Traders. I return your Lops. thanks for your timely assistance in relation to recruits for the Regiment, which we very much want. I understand my officers have raised and embarqued 180, which I hope will be ship't on board men of war for fear of being taken by the enemy. The Island is healthy. We had on Oct. 30 about 7 a'clock at night a severe shake, but I thank God has done no damage that I hear off. Signed, Tho. Handasyd. Endorsed, Recd. 23rd, Read 26th Jan., 1707/8. 5½ pp. [C.O. 137, 7. No. 71; and 138, 12. pp. 194–203.]
Nov. 9/20.
Fort Kijkoveral.
1181. Commandant Beeckman to the Directors of the Dutch West India Company. Signed, Samuel Beeckman. Dutch. 10 pp. [C.O. 116, 20. No. 10.]
Nov. 10.
Whitehall.
1182. Council of Trade and Plantations to the Lord High Treasurer. Enclose Office Accounts, Midsummer to Michaelmas, 1707. [C.O. 389, 36. pp. 338, 339.]
Nov. 10.1183. Petty Expences of the Board of Trade from Midsummer to Michaelmas, 1707. See B. of T. Journal, Nov. 10. 5 pp. [C.O. 388, 76. Nos. 28–30.]
Nov. 10.
Antigua.
1184. Governor Parke to the Council of Trade and Plantations. I here send some part of the Minutes of the Council of this Island, as allso the imports and exports from Montserratt. I am promised per the next packett to have from each Island the severall Journalls of the Councils and Assemblys, and from the Collectors the accts. of the importes and exports since I came to my Government. I shall take care as soon as may be to gett an exact acct. of all the gunns and stores in each Island, and send them to your Lordshipps. The London Fleet arrived the 2nd inst., but the men of warr are gone for Jamica, so that we are still distitute of any support from the Queen's shipps. I once more beg leave to desire the favour of your Lordshipps to recomend me to the Queen for the Regiment in my Government, for I am informed that Col. Lillingston will not come over. And as it is my right to be made a Brigadeer Generall, I hope your Lordshipps will allso lay that before the Secretary of Warr, and that my Commission may bear date with Col. Crowther's, who is much a younger Coll. than myselfe. P.S.—I shall give all the assistance in my power to Mr. Eastwick and Mr. Rhodes, tho I have no man of warr to carry them or the Comrs. from Island to Island. Signed, Daniel Parke. Endorsed, Recd. 23rd, Read 26th Jan., 1707/8. 2 pp. Enclosed,
1184. i. Naval Officer's List of ships cleared from Montserrat, July 13, 1706—Nov., 1707. 18 ships for England, 7 for Boston. Laden with sugar and indigo. Same endorsement. 1 p. [C.O. 152, 7. Nos. 32, 32.i.; and (without enclosure) 153, 10. pp. 103, 104.]
Nov. 10.1185. Order of the House of Commons. The Council of Trade are to lay before this House a list of the Governors and Deputy Governors of the Plantations. Signed, Paul Jodrell, Cler. Dom. Com. Endorsed, Recd. Read Nov. 11, 1707. ¾ p. [C.O. 323, 6. No. 43; and 324, 9. p. 150.]
Nov. 10
[and Feb. 16, 1707/8]. Boston.
1186. Governor Dudley to the Council of Trade and Plantations. I have taken three or four opportunitys by Portugal and the West Indies lately, which are very uncertain for want of a direct passage by any of H.M. ships of war, but the mast fleet being now arrived under convoy of the Reserve, I am preparing the whole year's accounts of the Acts of the Assemblys, Minutes of the Council, and other accounts of the Revenue and state of H.M. fortifications for the several Offices, which will be all transmitted to your Lordships by the Deptford, ordered to attend that fleet, but the winter is so near upon us that I fear whither the mast ships will be able to get in their loading before Christmas, and then the winter's passage is very hazardous. I am desirous in the meantime that your Lordships should allways know the state of H.M. affairs in these Provinces, etc. I had severall inroads of the rebells in the winter past, of 20, 50 at a time, sometimes a French Officer with them, but while the snow was upon the ground, my snow shoes are better than theirs, and we have overtaken them, outmarcht them often, and in one week in February last destroy'd one of their troops consisting of 25, which is a very great loss to them, and in the spring 200 or 300 of ours kept the woods to divert their planting and settlement in their old places, which this year was thereby prevented, as has been four years past, so as instead of a crop of corn for the support of their women and children, they have nothing but what comes from the muzzle of their guns, and are fain to dwell, all their three tribes, under the cover of Quebeck and Montreall, at 300 miles distance, when in all former troubles, they were seldom at the distance of 40 miles, in their known antient settlements. And early in the spring, in April, at the desire of both the Assemblys of the Provinces, I equipt 1,000 musquetteers and put them on board proper transports, and they have been all this summer in the Bay of Funde upon the French coast, and in June they landed upon Port Royall headland, where the only fortification of L'Acadie and Nova Scotia is, upon which there was a town and other scattered settlements depending, to the number of 150 familys, out of which the people soon fled, and the forces kept their quarters in those houses untill they found it impracticable to bring up any great cannon, nor had I any mortarrs to supply them with, more than two smal ones of 50 weight the shott, very unequall to the enemies for number or bigness, whereupon they burnt all the town home to the Fort gate and all the depending settlements, and destroy'd their cattle, 1,000 horned beast, and sheep and hoggs to a farr greater number, and came off the ground sooner than I intended, upon which I stopt them in their return, and reinforced them and made them go upon the ground again, and stay there some longer time, rather to shew their obedience than in hopes of taking the Fort, which is a very regular work of 40 pieces of cannon, many of them cannon of 7, as your Lordships will see by Col. Redknap's plan and description thereof, which I shall send in the Deptford, who was present and of the Council of warr in this whole occasion, upon their return they brought with them 30 or 40 prisoners for exchange for any of ours that may be of the sea in the French hands; and during their whole absence, by the enimy sickness and casualty, I had lost upon the review of them but 24 men, which I hope will encourage them in the service next year either at Port Royall or Quebeck, if it shall be H.M. pleasure to direct us thither. Col. Cranston and the Assembly of Road Iland, upon my letters to them, very readily came in to this expedition, and sent me a man of warr sloop and 80 men, under the care of Lieut. Col. Wanton, who shew'd themselves very obedient and serviceable, and I should be wanting to my duty if I should not let your Lordships know it, and I doubt not to maintain a good correspondence in H.M. service with that Governmt. for the future. In all this time of the absence of the forces I had 8 or 10 small troops of the enemy of 20 or 40 each upon the inland frontiers, who were allways well mett and sent home with loss, and last of all about a month since I had advice of 60 canoes, with 4 or 5 in each canoe, French and Indians, coasting towards Wells in the Province of Mayn, whither I sent 6 troops of horse with 100 foot souldiers, who all came upon the ground at Winter Harbour, tho' at the distance of 100 miles from hence, in two days' time after the notice given me, and found that one of our fishing shallops, of 10 men only, had a rencounter with them, and having the advantage of a good shallop against their birch canoes, had kill'd and wounded about 20 of them, upon which and this appearance of the troops abovesaid they fled away secretly, and I have not heard of them since. It is impossible to represent to your Lordships the infinite disadvantage of an unpassable forrest, full of waters and lakes over which we cannot march in our pursuit of them, so that we cant boast of great destructions made upon the enimy, but all H.M. good subjects are universally sensible of their preservation and security, that we have not lost one village nor poor garrison to the enimy, these four years last past, and notwithstanding any insinuation made to your Lordships against myself or my administration, it is apparent to everybody here that it is nothing but falsehood to the last degree, and impositions offered to H.M. and your Lordships, as I hope the papers covered with this to Mr. Chamberlayn will demonstrate, which he will wait upon your Lordships with. And I may humbly and truely assure your Lordships that all the Magistrates, Ministers, military officers and principall merchants and inhabitants of these Provinces are as ready to address H.M. for her Royall favour in the continuance of Her Governour as they were, and did the last year, if it might not look too much like presumption. I humbly submit my defence in the papers to your Lordships' censure and amendment, and pray your Lordships' patronage and favour so long as I shall do my duty to H.M., and show my obedience to your Lordships' commands, and while the people universally continue easy and satisfyed, as I humbly assure your Lordships it is in both the Provinces at this time. I have lately received two new Officers, Mr. Jekyll, Collector, and Mr. Newton, Comptroller. Their Commissions seem to be restrained to the Port of Boston, tho' in Mr. Brenton's, the former Collector's Commission there is Road Island, New Hampshire and the Massachusets, in which are other Ports by the allowed Acts besides Boston. I know not whether it be a mistake, or whether I am to expect other orders for those Ports, I have humbly acquainted my Lord Treasurer herewith. I am sending the Reserve friggot with the West India and Saltertudas Fleet, who I hope will return in Aprill for the defence of the coast.
[Feb. 16,
1707–8.]
Thus farr I adventured by Lisbon; the Fleet haveing stay'd to this time, the winter is now past, and I have no further discovery of the enimy in any quarter; my scouts and small partys have been out all this winter at a great distance where the Indians use to pass, but it appears they have perfectly given over their winter expeditions, upon experience they gain nothing by them. Mr. Armstrong returns in this Fleet with the papers and proceedings in Mr. Allen's affair referring to the property of the soyl in N. Hampshire. I used all possible means according to H.M. commands to have the verdicts upon those tryalls to be found speciall, that so the whole affair might be open before H.M. in Council, but could not obtain it, but Armstrong brings home all the papers and pleas fairly transcribed, and I hope there will now be an issue of that affair. Mr. Usher also sends home his accounts of debt from the Province of the Massachusets in which he cannot obtain any payment in this Province. He will himself lay the matter before your Lordships. Since the arrivall of the mast Fleet I was advised by Mr. Mico and Mr. John Plaisted, mercheants and inhabitants of the best value, that they were correspondents to Mr. Francis Collins, merchant of London, and that Mr. Collins had contracted with the Navy Board for certain masts to be cut for H.M. use in these Provinces. I directed them to attend Mr. Bridger, and give him satisfaction therein, and I would then understand it further, soon after Mr. Bridger and Mico attended me severall times, and acquainted me that they had a copy of the contract between the Commissioners of the Navy and Mr. Collins, and an originall letter signed by the Commissioners of the Navy, referring to the said contract, which they shewed me, and also alledged they had two shipps of Mr. Collins's now in the Harbour concern'd in that affair of stores for H.M., as appear'd by Captain Stucley's orders to take especial care of their return, being particularly named in his sailing orders, which I also saw. The originall contract for masts and H.M. sign manuel for their being cutt were yet wanting, upon which I told them I was strictly required to prevent any wast in H.M. woods, and had been so happy in these five years past as to have no complaint from the Surveyor or his deputys, and I would do nothing but what Mr. Bridger should desire, being most particularly concern'd and improv'd therein. The gentlemen offered any maner of bonds to the value of 10,000l. that the contract was bona fide made and the warrant coming, and that whatever they cut should be delivered to H.M. in the ports of England for nothing, in case their agreement etc. did not appear, whereupon Mr. Bridger took 2,000l. bond of Mr. Mico for his indemnity, and afterwards acquainted me with it, but upon further consideration being fearfull I suppose that he had passed his Instructions and power, he returned that bond again and desired that one of the shipps of Mr. Collins which had some masts on board might be embargo'd which at his desire was done, tho' to no inconvenience to her, the fleet being not, a long time after, ready to sail. Upon which Capt. Stucley, the Comodore home, complained to me that he dare not go home without Mr. Collins's two shipps, being especially in his orders, upon which Mr. Bridger was contented and desired that the said ship of Mr. Collins might be released to go home, the corespondents of Mr. Collins allways protesting they would deliver her to H.M. yards at Portsmouth or Deptford, since which the said correspondents upon the same pretence without any knowledge or any manner of consent of mine or Mr. Bridger's, that I know of, have proceeded to cut a greater quantity of masts in severall parts of these Governments, alledging there is a friggot coming with two ships of Mr. Collins for them; against which proceedings I have put out proclamations and given warrants to command their ceasing, and the arrest of all their trees so cut, and Mr. Bridger is carefully pursuing them in Law, their ax-men and servants, and will soon have all those trees in his keeping, and if it shall appear that what they alledge is false, there is so much service lost to them, and gotten for H.M., but if it be pleasing and agreable to their contract, there is no harm done them, and I humbly assure your Lordships that no one stick of that timber shall be shipt or transported till H.M. pleasure be known therein, and if Mico and Plaisted are found breachers in the matter, they are men of estates very capable to answer any process H.M. shall direct to be taken against them. The Province of New Hampshire by their Representatives have pray'd that they might send their Agent to attend H.M. with their humble Address, referring to the state of that Province, Capt. George Vaughan, who was born in that Province, and will attend your Lordships, and is very capable to give account of everything there, haveing sat in their Assembly and sustained the principall offices of the Goverment. P.S. (in Dudley's hand).—I should be wanting in my duty if I should not acquaint your Lordships that Capt. Stucley in the Deptford who brings home a fleet of 24 ships, the masts and stores for H.M. yards, has served here very carefully three years last past and I hope will deserve your Lordships' favour. Signed, J. Dudley. Endorsed, Recd. 16th, Read 19th July, 1708. 5 pp. Enclosed,
1186. i. Governor Dudley to the Council of Trade and Plantations. Memorial referring to the French Settlement in America. Having been these five years last past employed in a war and troubles with the French and their dependant Indians, he is sensible of their Settlements and strength. Port Royal is the head of L'Accadie and Nova Scotia, consisting of a very regular work with 40 peices of cannon at the mouth of a good harbour, has in it 6 regular Companys of near 300 men. Its dependants are—the town of Port Royal lately destroyed (as above); the town of Menis and Secanecte, open villages, which together make 500 men more, which is all the strength of that Government, and lyes not above 60 leagues from the coast of the Province of Main, where the English garrisons are. Quebeck, upon Canada River, is a fortifyed town, where the French General resides, has in it a Regiment making about 500 regular forces; the towns of Mont Real, Troy River and other French Settlements, who make in the whole about 3,000 men, and so distant and divided to 300 miles at least, that they can be no assistants to each other, unless they leave the whole countrey void. These Settlements have no manner of shipping, except a few fishing boats of no force, but only once a year in August, one frigot usually comes from Placentia with two store ships for their year's supply. Notwithstanding their small number abovesaid, by their Priests and Jesuits [they] have gotten the command of all the inland Indians and have debauched the Indians of the Province of Mayn, and by their late trade and discovery of Messaseppi River have in a manner made a circle round all the English Colonys from New England to Virginia and do every year give the Governments of New England very great trouble. If in process of time they should be able to debauch the five nations of the Maquas, which have a long time been very difficultly kept steady to the English interest, they would bring Maryland and Virginia to the last distress, who are plainted in no posture of defence, to the loss of the best trade belonging to H.M. in all the West Indies. At the issue of every war between the Crown of England and the French King they have always added to their strength and trade in their Northern Settlements in America, so that every 7 years makes a conquest of them more dificult, and they will at length, if not prevented, be able to ravage all H.M. Governments and put them beyond a capacity of carrying on the trade so necessary and beneficial to the Kingdom of Great Brittain to whom they have been hitherto so advantagious. If it might please H.M. to send early in the year 5 or 6 frigots with 2,000 regular men and two bomb ketches and stores, and let all the Governments of New England, New York, Connecticut and Rhode Island be comanded to prepare a just quota of men to assist in the said service, one summer would, with the favour of Almighty God, reduce all those parts to the English obedience, and make room for very good Settlements and Provinces of H.M. subjects, and the soldiers sent thither would soon be induced upon sight of so good a country to become planters there, if it should so please H.M. The benefits of the success of this are, it would for ever put these Provinces to a perfect repose, and reduce all the dependant Indians to a vassalage to the English Government, secure the whole trade of furrs, Naval Stores, the fishery for Spain and elsewhere intirely into the English hands, to the unaccountable proffitt of the nation, as well as glory to H.M. victorious arms, and the loss to the French would be in all things equall to the English gain.
1186. ii. Governor Dudley to the Queen. Nov. 10, 1707. Reply to charges against him presented in an Address to H.M. at Windsor, June 23. [Cf. Aug. 15, 1707.] His Father was one of the three first Undertakers that purchased the Province of the Massachusetts and Governor for many years to his death. Himself, during the continuance of the Charter, served the Province as one of the Council, and their Agent in England in the reign of King Charles II, and since the alteration of the Government in the last year of that King, was named President of the Province, and served in that and other stations till the happy Revolution, when he attended King William and served as Governor of the Isle of Wight near ten years etc. Refers to recent Address from the Massachusetts Bay in his favour. He was never during all these 30 years any trader or owner of shipping, nor partner with such, but has always dwelt upon his own estate as a Countrey Gentleman. He never was twice Plaint. or Defendt. in any case for himself or his estate. He was twice complained of, once at the happy Revolution, and again for the same matters impeached and heard at his coming to this Government of New England, before King William and the Privy Council, in both which hearings he was acquitted, and sent away with honour into this service. He has to the satisfaction of all mankind put into offices, civil and military, the best men of estates, birth, education and religion, and supported them in their places. He has never laboured by conference or letters to influence any judgmt. between man and man, but left the Courts always to their own just and free consideration, so as all things have well proceeded. During the 5 years of his service he has contented himself with the allowance from this great Province of 500l. per annum, which makes but 300l. sterl. to support him in the Government, having an estate of his own to assist him, without which he could not have supported himself, and is no otherwise chargeable to H.M. Whereas in all former warrs with the French and Indians, H.M. Government has been always fain to purchase their prisoners at 5l. a head, or more, he has forced them to exchange prisoners without the least ransome or count on either side, to the saving a great expence. Notwithstanding the constant incursions of the enemy French and Indians in troops like Wolves have these four years made very hard impressions upon an open frontier of 200 miles, in poor and undefensible villiages, he, to the observation and satisfaction of all mankind, has met and defeated them many times every summer, and beat them from all their places of planting, so that they can't live within 300 miles of the English settlements, nor hath H.M. lost one village to the enemy since the first eruption, which have been always beaten in in former warrs, of all which there are 10,000 Freeholders in this great Province would freely give their evidence, as H.M. Council and their Representatives have often done. Notwithstanding all which, if it shall not appear that the allegations in the petition are false, the Petitioners incompetent by their own confession, and several of their hands forged and set by others to sd. paper, Col. Dudley pleads no merit for so many years' service to her sacred Majesty etc., but humbly submitts his honour and life to H.M. disposal. The 1st Article in the Petition contains that, notwithstanding at the Revolution Col. Dudley's Countreymen were angry with him, he has obtained both from the late King and her present Majesty the Governmt. of the Countrey. It is true, that the People were in a hurry at that time, but upon a full hearing before the King and Council, Col. Dudley was justifyed and employed by the King in several Commissions executed his to satisfaction, and at length, when the Massachusett Government was void, that was given him also. And it is apparent to all men that Col. Dudley and his Countreymen are so good Christians that they have long since forgiven any supposed injury, and it is impossible for these poor petitioners, that have neither name, estate, nor influence in the Province to revive that displeasure again. The second Article is only hard and general words, which they say truly are unheard of, for when the Petition came to be read before the General Assembly of New Hampshire, the Council and Representatives in full Assembly, nemine contradicente, have voted them scandalous, unheard of and false reproaches, as appears by their Address herewith laid before H.M., wherein they acquit his administration from all those calumnys, and pray H.M. ffavour to him. The 3rd, 4th and 5th Articles contain the one thing they accuse him of, that is, his supporting the Indians in a trade to their benefit and the destruction of the English, his being partner with Capt. Vetch, and avoiding their tryal and punishment. Coll. Dudley has, immediately upon the eruption of the French and Indians, fitted all the frontiers with snowshoes, and kept out in the winter 4 or 500 men to march hundreds of miles into the depth of the Countrey in all parts towards the French settlements, to the terror of the enemy, and thereby defeated all their inroads, and in the summer beat them from their fishing and planting grounds, so as they have not had one acre of corn at all their antient planting places, thereby keeping them in a starving condition; and has obtained of the Assembly to set the Rebells' heads at 100l. each that should be brought in, so as their Commander Escambuit at Newfoundland in his letter to Capt. Moody, as his affidavit certifys, threatned to kill 60 English prisoners then in his hands, if Capt. Moody would not prevail with the Queen to recall Col. Dudley. Mr. Wm. Partridge in his evidence gives the reason why Col. Dudley must needs correspond with the enemy, because he knew at all times where to meet them upon the frontiers, Col. Dudley confesses that by very great difficulty by some ffaithful Indians at Albany, as well as from his own Agents at Quebeck, which he kept publickly there with the knowledge and consent of the Council and Assembly, he had constant secret intelligence of the enemie's numbers and marches, and to the observation of all, met them often to a day, always seasonably, so as they have been forever defeated, and left their designs, and fled home naked and wounded, which all the Ministers in the Countrey have given publick Thanks to God for, as well as the General Assembly every year in their Thanksgiving publickly celebrated, and sent home in print etc.; And if this be the Demonstration of his Corresponding with the enemy, he do's acknowledge it to the praise of Almighty God and H.M. Honour. For his being partner with Capt. Vetch, the seizure of his and his partners' estate and effects, confiscating them to H.M. and his proceeding against them to fines to the value of 3,000l., and saving those fines to H.M. disposal, which was never before done in any of these H.M. Provinces, it is hoped will acquit him of partnership with any of them, as well as Capt. Vetche's oath. If for 30 years past any person in New England will give oath, and prove that ever he was concerned in whole or part in any trade by sea or land to the value of 5s., he is willing to fforfeit H.M. Favour and all that he has in the world.
Col. Dudley further prays that the quality and circumstances of the petitioners may be considered. Mr. Higginson, the first, is a Gentleman of good value, but has been absent in the East Indies 26 years, and so may be presumed to know nothing of the Countrey, to be sure his Father has been a Minister in the Countrey near 60 years, yet living, and his brother, a Member of H.M. Council, must know more, the brother having been always assisting the Governour, and consenting in Col. Dudley's justification at this time with the Council, where no man has dissented from the vote sent herewith. Col. Partridge can't forgive Col. Dudley's not reversing a judgmt. for the Queen against one Furbur in his imploy, as his own deposition confesses, but has since attended Col. Dudley and asked his pardon. Mr. Taylor's letter, and his affidavit since, say he was perswaded over a bowl of punch to sign, and knows nothing of the matter, a passenger not concerned in the Countrey. Mr. Musson swears he was trappan'd, and in his oath asks pardon of the Queen and of Col. Dudley. Mr. Armstrong before H.M. Council and Judges of the Superiour Court denys his hand to the printed letter. Mr. Thomas Allin writes to the Governor that he is abused and never set his name to the petition, tho it is there set by forgery. John Hincks run away with 29 pounds due to the poor montross's at H.M. Fort which he commanded, and took no leave of the Government, as the Minute of Council declares. Of the other petitioners 14 are utterly unknown unto Col. Dudley, taylors, porters, and others gotten over a bowl of punch at Sr. Charles Hobby's cost, as Thomas Taylor's letter affirms, and the report of Mr. Street's oath, alledged by Mr. Sergeant Hook before H.M., is the last falsehood in the world, as well as the reason given why he did not appear, and the matter of ffact will make it evident, the ships that brought to New England the acctt. of this Petition against Col. Dudley arrived here Oct. 24, 1707, before which no man knew anything of it, and the proceeding before H.M. was in June, and yet Sergt. Hook says Col. Dudley sent him money to prevent his oath. There is but one evidence that says anything of Col. Dudley's trade with the Indians, viz. John Calley, who tells the truth, that being a poor ffisherman and coaster was improved by Col. Dudley to seize Capt. Vetch's vessell and effects, because he had been used to such a skulking trade before, as Col. Dudley was informed, but did not forget his trade, so that when he had gotten the vessell and goods into his hands, before he came into the Port of Boston to render them into H.M. Storehouse, as his orders commanded him, privately stole salt and other goods, and put them on board another vessell, which were sold at Marblehead for his own private use, but afterward discovered to Col. Dudley, and Cawley was forced to account for them. Col. Dudley confesses to have done some unpopular acts, which none of his predecessors have undertaken to do before him, such as totally extirpating piracy in his Governmt. (where many of the meaner people were concerned) and returning their ill-gotten wealth into the Queen's Treasury. His raising and shipping off to Jamaica, in obedience to H.M. commands, two foot companys of near 100 men each, on his own credit and charge, has made him obnoxious to the displeasure of the relations of several of those people that either dyed there in the Queen's service, or never since have been permitted to return to their ffriends. He prevailed with the people under his Government to send two cargos of provisions to St. Christophers as a present from the Province to relieve H.M. subjects, when the French had left them to starve. He has so effectually prosecuted the encouragement of Naval Stores, that there was more pitch and tarr sent home the last year than in many years before. He has served H.M. with all truth and plainess and just moderation being an instance of virtue, sobriety and everything becoming Religion, to the satisfaction of the Church of England in their Government, as well as to all the other Ministers, who every day visit him and bless him for his just administrations, etc. Signed, J. Dudley. Endorsed, Recd. 16th, Read 19th July, 1708. 3 closely written pp.
1186. iii. List of the Council of New Hampshire. Persons recommended for the Council:—Winthrop Hilton, Mark Hunkins, George Vaughan, George Jaffrey, Thomas Phipps, Theodore Atkinson. Signed and endorsed as preceding. 1½ pp.
1186. iv. List of Causes and Judgments in the several Courts of New England, 1706, 1707. 33 pp.
1186. v. Governor Dudley's Proclamation, summoning deserters to return to their posts. Boston, July 21, 1707. Printed by B. Green. 1 p.
1186. vi. Governor Dudley's Proclamation laying an embargo on ships in New England until June 30th, there being an expedition seting forward against the French in the parts of Nova Scotia and L'Accadie etc. Seamen entering themselves in H.M. service on the said expedition shall be intituled to the like addition of wages and shares of plunder as is granted to the Land forces, for the service they shall perform on shoar. And shall be justly paid and dismiss'd the Service immediately upon their return, etc. Boston, April 22, 1707. Printed. 1 p.
1186. vii. Governor Dudley's Proclamation to prevent the destruction of H.M. Woods, and calling upon Justices etc. to assist John Bridger, Surveyor General of H.M. Woods etc. Boston, Dec. 15, 1707. Printed. 1 p.
1186. viii. Governor Dudley's Proclamation for a Day of Thanksgiving on Dec. 11 for the Union, the Successes of H.M. arms, the protection of these Provinces, for the plentiful harvest, and the lengthening out of our civil and religious Liberties etc. Boston, Nov. 24, 1707. Printed. 1 p.
1186. ix. Governor Dudley's Proclamation for a Day of General Fast to implore Peace and prosperity, the remission of sins and the success of the Expedition against the enemy in Nova Scotia, etc. Roxbury, July 10th 1707. Printed. 1 p. Nos. iv.-ix. endorsed as preceding. [C.O. 5, 864. Nos. 231, 231.i.–ix.; and (covering letter and enclosure i. only) 5, 912. pp. 463–479.]
Nov. 11.
Antegua.
1187. Capt. Buor to Col. Lillingston. The reason the muster-roles were not sent before Col. Jones told me he waited ye next packett for his Commission to have ye Regt. muster'd in his name. His factious, uneasy temper continues fomenting divisions in ye Regt. and against ye Genll. with severall Gentlemen of ye Country; H.E. hath order'd him away from this Island, and Capt. Whalley with theire companys to St. Christophers. Lt. Col. Floyer and Capt. Kent's companys come here. H.E. orders me to acquainte you that he hath taken such care in provideing yr. Regt. with quarters etc., that they are all in good health; and that Col. Jones and a party he hath created against you have done things not fitt to relate, and yt. cou'd not be answer'd etc. The day before he left Antigua he nearly murdered Capt. Newell, etc. Copy. Signed, Luke Lillingston. (Incorrectly dated 1707/8.) Endorsed, Recd. Read Jan. 29, 1707/8. 1 p. [C.O. 152, 7. No. 35.]
Nov. 11.
Whitehall.
1188. Council of Trade and Plantations to the Earl of Sunderland. Representation upon petition of Oct. 31. The Suedes being neuters, they cannot be prohibited trading to the Spanish West Indies with goods not contraband: But as the trade of Jamaica to the Spanish coast is of great advantage to this Kingdom, by the returns of bullion and other valuable commodities for our woollen manufactures, so it ought to be preserved, as much as possible, entire to this Kingdom. This trade from Stade is new, and may be of dangerous consequence, and therefore, tho' it can't be wholly prevented, nothing should be done that may give encouragement thereunto etc. as B. of T. Journal, Nov. 7. So that we think it needless to give passeports to the particular traders, either of Sueden, or of any other Crown or State in amity with H.M., because the Commanders of all British ships of war and privateers, are by their Generall Instructions strictly commanded not to molest or disturb any of H.M. Allies in the pursuit of their lawful trade. If the petitioners mean by passports a leave only to carry on a lawful trade with the allies of the Crown of Sueden, they have it already. But if under the Collour of Passeports, their meaning is to have the liberty of trading with the British Plantations in America, or of carrying contraband goods to any enemy, both which are against Law, their petition is unreasonable, and not fit to be granted. [C.O. 389, 19. pp. 176–178.]
Nov. 12.
Whitehall.
1189. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M.
1189. i. Council of Trade and Plantations to the Queen. Governor Seymour having transmitted to us an Act lately past in North Carolina, to encourage the settlement of this country, we humbly take leave to lay the same before your Majesty. The purpose of the said Act is, that no person that shall, after the ratification thereof, transport themselves into that Province, shall be arrested, sued or impleaded in any Court, or be imprisoned for any debt contracted before their arrival in that Province, till and after 5 years after their said arrival, excepting such who shall be indebted to your Majesty or the Government in which they lived before their coming thither; and it further excepts all persons transporting themselves from your Majesty's Colony of Virginia, and such who have contracted debts within 6 months before their arrival in the said Province. The Act further provides, that if any person so transporting themselves, and having had the benefit of this Act, shall depart out of that Province, and afterwards return again, shall not then receive any benefit by the said Act. Upon this we humbly represent, that notwithstanding the exceptions in the said Act, it appears to us to be of very pernicious consequence to your Majesty's Province of Maryland and the other more Northern Plantations; for that the encouragement and protection by this Act given to such who shall retire thither is such, that great numbers of debtors (particularly in Maryland, where the generality are much indebted to the merchants in this Kingdom) will be induced to quit their settlements and withdraw themselves to Carolina, where by virtue of this Act they may continue 5 years exempted from the payment of their just debts, which mischief, if not timely prevented, will very much lessen your Majesty's Revenue in the dutys upon tobacco; wherein we are the more confirmed by what your Majesty's said Governor of Maryland has writ us, vizt., that several families have already removed themselves thither, where they may be out of the reach of their creditors. We further humbly represent to your Majesty, that this Act, not being consonant to reason, nor agreeable to the laws and customes of this Kingdom, which the Lords Proprietors are obliged to observe in the passing of laws, the said Act ought to be repealed. But that your Majesty may be fully apprised of this matter, we humbly lay before your Majesty the opinion of your Majesty's late Attorney and Solicitor General upon a former Act of Carolina, which opinion we conceive applicable in all respects to the present Act, viz. That by the Grants of that Province made by his late Majesty King Charles II, bearing date March 24 in the 15th and June 20 in the 17th years of his reign, a power of making laws, with the assent and approbation of the Freemen there inhabiting, is granted to the Proprietors, for the good and happy Government of that Province, so as such laws be consonant to reason and, as near as may be, conveniently, agreeable to the laws and customs of England; and they were of opinion that laws consonant to reason and repugnant to the laws of this Kingdom are not warranted by the said Charters, and that your Majesty may declare these laws to be null and void; that your Majesty may command that the same shall not be put in execution or observed; and may also require and command the Proprietors and Assembly of that Province by Act of Assembly to enact and declare the same to be null and void. And they were further of opinion that the making such laws is an abuse of the power granted of making laws, and will be a forfeiture of such power, and that that power may be seized into your Majesty's hands by scire facias in the Chancery, on the Patents, or by quo warranto in your Majesty's Court of Queen's Bench, if the laws were approved and confirmed by the present Proprietors. Whereupon, having had this matter under consideration, and concurring with the above Report of your Majesty's Attorney and Solicitor General; we doe humbly offer that your Majesty be pleased by your Order in Council to declare the said Law to be null and void, and that your Majesty be further pleased to signify your Royal pleasure to the Proprietors and Assembly of that Province, that they do not permit the said Law to be put in execution, but to declare the same null and void, as was done by your Majesty's Order in Council of June 10, 1706, upon the laws therein mentioned. The making of such a Law we conceive to be an abuse of the power granted to the said Proprietors, and a forfeiture of such their Charters, which may be vacated by due course of law. [C.O. 5, 1292. pp. 17–21.]
Nov. 12.
Whitehall.
1190. Council of Trade and Plantations to the House of Commons. A list of Governors, as ordered Nov. 10. [C.O. 324, 9. pp. 150, 151.]
Nov. 12.1191. Order of the House of Lords. That the Commissioners of Trade do lay before this House a state of ye Trade of this Kingdom etc. Signed, Mat. Johnson, Cl. Parl. [C.O. 389, 19. p. 178.]
Nov. 12.
Whitehall.
1192. Council of Trade and Plantations to the Lord High Treasurer. Report upon Mr. Sliford's proposal [No. 967]. It has been the constant practice of the Commissioners to send for the most eminent merchants, as occasion required, to discourse them about matters of trade, who have always attended with great readiness, and have from time to time given ye best accounts they could of the state of the several trades wherein they were experienced. And we have reason to beleive that we can not so safely depend upon the accounts or schemes of trade which shall be collected and given in to us by the Proposer, or any other single person, as we may do upon such as we shall receive from the merchants themselves, since by discoursing them, we may have an opportunity of being more fully informed of all such matters by the questions and answers that may arise in order to the forming our Judgement, and the laying the same before H.M. or either House of Parliament, when required. For besides that some Trades interfere with one another, it has frequently been found by experience that in the management of one and the same trade, merchants have differed in opinion, according to their respective private interest or way of trade; so that in order to form a right judgement upon any part of our Trade, we think it absolutely necessary (notwithstanding the informations the Proposer may lay before us) not only to have the opinion of the most eminent and best experienc'd merchants in the severall trades so interfering, but likewise the different opinions, on one side and t'other, of the traders, even in one and the same trade. This we think cannot well be performed by any one person (especially under the character proposed, which will not carry a sufficient weight). For the person so to be employed, having an acquaintance with merchants (perhaps no great traders) he may be inclin'd to take his accounts from them, how partial soever they may be to their own interest, rather than give himself the trouble of being informed by strangers, tho' much more considerable traders, admitting he could procure such accts. from thence; nor is it easily to be beleived, that the most eminent merchants will care to subject their accounts of trade to the representations that may be made by a single person (unknown perhaps to them), under the character of Agent; and if the Proposer has been formerly concerned in Trade, 'tis possible he may be byassed in his accounts, in favour of that particular trade, wherein he was so concerned, to the prejudice of other parts of trade, or partial to his own method of trading, contrary to the true interest even of that particular trade. Whereas we do not find, that the methods of inquiry used by this Board have at any time been liable to the like objections, all matters relating to trade, having as occasion required, been fully and impartially inquired into, with the best assistance that could be had from the most experienced merchts. and traders of the fairest character. Mr. Sliford further proposes to correspond with merchants in other parts of the Kingdom etc. What acquaintance the Proposer has with such traders, we know not; but this method of correspondence being no more than what has been used by the former Commissioners, or our Secretary, and the carrying it on by a particular person under the character proposed, being liable to the before-mentioned objections, we do not see of what use such an officer can be to us in this particular. He likewise proposes to settle a correspondence with H.M. publick Ministers abroad, and any eminent merchants etc. in foreign parts, for acquiring early notices of all material transactions of trade, and especially such which most concerns England to know. We find this has been practised by the former Commissioners who, as occasion required, have had freqt. accounts from severall of the publick Ministers and others of the state of Trade in the respective places where they resided, and particularly in relation to our trade with the two Northern Crowns for Naval Stores, nor can we think but that they will have a greater regard to such a correspondence wth. us, and be more exact in their accts. of all matters relating to trade, than can be expected if the same were carryed on by the proposer, or any other person under the character of Agent. And either we must forbear all such correspondencies while they are carryed on by the Proposer, or put those Ministers to the charge and trouble of a double correspondence. These are all the methods which the Proposer lays down for procuring accounts or materials for a Trade History, as he terms it. As for his method of entring the same into Books, and the drawing up Abstracts and Memorials of such Accounts, to be from time to time laid before us; 'tis no more then what has constantly been done by our Secy. in a very exact and ready method. We do readily concur in opinion with the Proposer, that a full and exact Collection of all matters anyways relating to trade, must be very usefull and necessary to our forming a right judgement, and to the enabling us to discharge the trust reposed in us for the advancement of Trade, yet from anything he has offer'd, we can by no means agree that such a collection is not to be made, but by some one person to be constituted Agent for that purpose, since all the methods laid down in his said proposal, to which he wholly referred himself, have already been put in practise, and likewise severall other methods not mentioned by the Proposer. Upon desiring Mr. Sliford to give any one instance wherein Trade might be improved, he mentioned the regaining the Greenland Trade, the improving the manufacture of saile cloath, and the setting up a trade for our home salt to the Northern Crowns. But being pressed to show which way anything of that kind might be effected, he absolutely declined to give any answer. The greatest part of the business intrusted to our care does regard the administration of the Government, the Laws, Commerce, and the security of H.M. Plantations in America, wherein wee do not see of what use the Proposer can be to us. So that upon the whole matter, wee are of opinion, that the constituting such an officer as is proposed, will not be of any use to us, or advantage to H.M. service. [C.O. 389, 36. pp. 340–348.]
Nov. 12.
Custome-house, London.
1193. Mr. Savage to Mr. Popple. In reply to Oct. 22. The Commissioners of Customs have again consulted with a profest mathematician and others, who propose a system of measuring ships described, which they desire you to lay before the Council of Trade and Plantations. Signed, Rich. Savage. Endorsed, Recd. Read Nov. 14, 1707. Addressed. 1 p. Enclosed,
1193. i. Duplicate of Memorial, Oct. 22, 1707.
1193. ii. Copy of a clause in an Act of 6 and 7 Wm. III. as to the admeasurement of ships. 1¾ pp. [C.O. 5, 1315. Nos. 74, 74.i., ii.; and (without enclosure) 5, 1362. pp. 266, 267.]
Nov. 12.
Barbadoes.
1194. Governor Crowe to the Council of Trade and Plantations. By the packett bote that sayled hence the 5th inst., I sent a full account of all occurrances heare, but doe not thinke it saife to send coppys thereof by this single vessell, the Capt. desingeing alone ffrom Antigoe. H.M. two men of warr are returned from theire crousse, and brought up some more Indieans. By next I shall troble your Lordships with a coppy of ye Agrement the Commanders made with them. Signed, M. Crowe. Endorsed, Recd. Read Jan. 12, 1707/8. Holograph. 1 p. [C.O. 28, 10. No. 51; and 29, 11. p. 154.]
Nov. 14.
Whitehall.
1195. Mr. Secretary Harley to the Council of Trade and Plantations. The Queen having ordered several estimates etc. to be laid before the House of Commons, upon their Address to H.M., I send you here inclosed a list of such of them as relate to the Plantations, that you may take care to have the same prepared with as much speed as possible. Signed, Rob. Harley.
1195. i. Order of the House of Commons. That an account of the state and trade of the Plantations be laid before this House. Nov. 14, 1707. [C.O. 389, 19. p. 178.]
Nov. 15/26.
Berbice.
1196. P. Vanderheÿde Reze to the Directors of the Dutch West India Company. Signed, P. Vanderheÿde Reze. Dutch. 2 pp. [C.O. 116, 20. No. 11.]
Nov. 15.
Whitehall.
1197. W. Popple, jr., to Micajah Perry. Encloses copy of Mr. Savage's letter, Nov. 12, for the opinion thereon of the signatories of Memorial, Oct. 22. [C.O. 5, 1362. p. 267.]
Nov. 15.
Whitehall.
1198. W. Popple, jr., to John Hyde. The Council of Trade and Plantations desire to speak with you and any other merchants trading to Maryland upon the Act ascertaining the guage of tobacco hhds. etc. [C.O. 5, 727. p. 1.]