America and West Indies
December 1707

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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614-628

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'America and West Indies: December 1707', Calendar of State Papers Colonial, America and West Indies, Volume 23: 1706-1708 (1916), pp. 614-628. URL: http://www.british-history.ac.uk/report.aspx?compid=73752 Date accessed: 17 April 2014. Add to my bookshelf


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Contents

December 1707

Dec. 2.
Whitehall.
1214. Mr. Secretary Harley to the Council of Trade and Plantations. I am commanded by H.M. to send you the enclosed Address that you may give the necessary directions, etc. Signed, Robert Harley. Annexed,
1214. i. Resolution of the House of Commons. Dec. 1. That an humble Address be presented to H.M. that such Representations as have been presented to H.M. by the Council of Trade relating to convoys and cruizers for the last year, may be layd before this House. [C.O. 389, 20. p. 4.]
Dec. 2.
London.
1215. Mr. Way and others to the Council of Trade and Plantations. Recommend Robert Hotchkyn, Attorney General of Jamaica, and possessed of a very plentifull and clear estate there, to fill a vacancy in the Council. Signed, Benj. Way, John Heathcote, Ja. Whitchurch, Samuel Jones. Endorsed, Recd. Read Dec. 3, 1707. ½ p. [C.O. 137, 7. No. 67; and 138, 12. p. 183.]
Dec. 2.
Custom-house, London.
1216. Mr. Savage to Mr. Popple, jr. Reply to Nov. 28. The reason why the Commissrs. of the Customes proposed the admeasuremt. from out to out was because it was found that the taking the breadth from inside to inside did in the operation fall considerably short of the reall burthen, or tonnage of the ship, and that the breadth from out to out came nearest to the shipwright's rule, being rather short then over. To which, the merchts.' cheif objection seem'd to be, that the shipps must be laid on ground in order to be admeasured, and that there is no place in Virginia for that purpose, for which cause only the Commrs. departed from the shipwright's rule. Signed, Richd. Savage. Endorsed, Recd. Read Dec. 3, 1707. Addressed. ¾ p. [C.O. 5, 1315. No. 75; and 5, 1362. pp. 268, 269.]
Dec. 3.
Whitehall.
1217. W. Popple, jr., to Micajah Perry. Encloses preceding. Unless you and the other gentlemen concern'd have anything further to offer upon this head, the Council of Trade and Plantations concur that this is the proper rule to be followed. [C.O. 5, 1362. p. 269.]
Dec. 3.
Custom house, London.
1218. Mr. Savage to Mr. Popple. Encloses following. "in order to the allowance of the premiums" etc. Signed, Richd. Savage. Endorsed, Recd. Read Dec. 4, 1707. Addressed. ¾ p. Enclosed,
1218. i. Naval Stores from the Plantations that have received certificates of their goodness from the commencement of the Act 3 and 4 Anne to Nov. 29, 1707. Tarr, 588 tons; pitch, 643 tons; rozen, 11 tons; turpentine, 117 tons. 1 p. [C.O. 323, 6. Nos. 48, 48.i.; and 324, 9. pp. 152, 153.]
Dec. 3.
Whitehall.
1219. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M. in Councill.
1219. i. Council of Trade and Plantations to the Queen. Refer to Representation of June 9 and Order of July 21 thereupon, and propose that the Act of Jamaica to provide an additional subsistence for H.M. Officers and Soldiers, etc. be now repealed. [C.O. 138, 12. pp. 180, 181.]
Dec. 4.
Whitehall.
1220. Council of Trade and Plantations to the Earl of Sunderland. Col. Henry Lowe having communicated to us a copy of H.M. lycence for his absence from Jamaica for one year from Nov. 1, we take leave to inform your Lordship that Col. Handasyd having writ to us that by the absence of Col. Long and Col. Lowe, which last he says had been above three years from Jamaica, and by the death of Charles Sadler, he found it difficult upon many occasions to get a quorum of the Council, and therefore desiring that others might be put into their places, that H.M. affairs might not suffer for want of a sufficient number of Councellors, We immediatly made enquiry concerning the stay of the said Lowe and Long in this Kingdom, and were informed that they intended to return by the ships, but were surprized to find that since our making the enquiry Col. Lowe has obtained the above said lycence, and we wish it had been communicated to us, as has always been done in like cases, before H.M. had signed the same, for then we should have acquainted your Lordship with the true state of that affair, and with the ill consequence that may happen from the granting of such lycences, especially where the person desiring the same has been so long absent, for by means of these lycences the Councill still may appear to be full, tho there be not Members enough upon the place to make a Quorum when H.M. requires it. For prevention whereof we prepared circular letters which were sent your Lordship Oct. 23 last for H.M. Royall signature to all the Governors in America. And upon this occasion we must remind your Lordship of those letters that they may be dispatched to be sent by the Fleet which now onely stays for a fair winde. [C.O. 138, 12. pp. 184–186.]
Dec. 4.1221. Merchants trading to Jamaica to the Council of Trade and Plantations. Memorial upon Sir Wm. Hodges' petition for passes for ships to carry on a trade between Cadiz and the Honduras. To grant the pass desired is to put our enemies in much better state then H.M. subjects from Jamaica driving a constant trade to the same place, etc. Signed, Benj. Way and 11 others. [C.O. 389, 20. pp. 5, 6.]
Dec. 4.
Whitehall.
1222. Council of Trade and Plantations to the House of Commons. Reply to Order of Dec. 2. Report, embodying representations relating to cruisers and convoys made during the last year. [C.O. 389, 20. pp. 7–27.]
Dec. 5.1223. Governor Handasyd to the Council of Trade and Plantations. I am by this packett favoured with two duplicates of your Lordships', one of June 26, the other of July 31, etc., and from the Earl of Sunderland H.M. letter to the Assembly in relation to the Quartering Act. The Assembly is to meett the 29th inst., at which time I shall lay it before them, in hopes they may have more regard to it than they have had, but I am very apprehensive they will act little better than their former proceedings. The squadron under Commadore Wager sailed to the Spanish coast Nov. 27, on a designe to intercept the Galleons. H.M.S. Margarett and Sheerness (Hector) with a ffireship are arrived here as convoy to three store-ships and a merchant ship; The men of war and ffire-ship are sailed with Commadore Wager to the Spanish coast, where if he finds no likelihood of the Galleons coming out, will dispatch them to the Windward Islands, as directed. I have put on board the men of war about 200 men of H.M. Regiment under my command to help to man them, 7 trading sloops with the English manufactures are sailed out to the Spanish coast with the men of warr to the value of 100,000l. sterl. in hopes to recover the trade. I wish they may meet with a good markett, which will in some measure encourage them again. Mr. Wager has assured me he will send two men of war with them to protect them from the French privateers, who are come down in great numbers on these coasts from Martineco. I hope care will be taken to send the 300 recruits over, which I hear are raised, for fear we should have more than ordinary occasion for them. H.M. ships are in very great want of sailors, having lost a great many since their arrivall here, tho' not so many as usuall. I should be very glad I could have an order not to grant any more Commissions for privateers, they are doing us a great deal of disservice in carrying the men off the Island, of which we are in great want. I gave you an account in my last of the prizes brought in by H.M. men of war; duplicate enclosed. The Grand Court is now sitting, and I hope all the care imaginable is taken that every one has Justice. The Island is at present healthy. We have lately had three shakes, but I thank God they have done no damage. Encloses Minutes of Councill. P.S.—Since my writing of this, I received the enclosed advice from Antigua, upon which I immediatly dispatched a vessell to Mr. Wager, who lies to Leeward of Carthagene, about 12 leagues from the shore, to give him an account of it, for fear they should come down upon him, and be too strong for him. I shall let slip no opportunity of putting the Island in the best posture of defence I can, and begg leave to assure your Lops. that the Island of Jamaica shall never be lost, while I am here but with the best part of our lives, if their design should be against us, etc. Signed, Tho. Handasyd. Endorsed, Recd. 23rd, Read 26th Jan., 1707/8. 4 pp. Enclosed,
1223. i. Governor Parke to Governor Handasyd. Antigua, Nov. 18, 1707. Announces arrival of M. Du Casse and the French fleet at Martinique, etc. Signed, Daniell Parke. Endorsed as preceding. Copy. 2 pp. [C.O. 137, 7. Nos. 72, 72.i.; and (without enclosure) 138, 12. pp. 203–209.]
[Dec. 5.]1224. Merchants trading to Virginia and Maryland to the Council of Trade and Plantations. Virginia and Maryland have made severall severe Lawes in relation to shiping, wch. lyes before you; and to aggravate ye prejudices of navigation have increased the guage of hhds. and at the same time made ships pay double tonnage, etc. Signed, Micajah Perry and 9 others. Endorsed, Recd. Read Dec. 5, 1707. 1 p. Enclosed,
1224. i. Copy of Act of Maryland, March, 1707, to prevent cropping, cutting and defacing tobacco hhds. taken on board upon freight. 1 p. [C.O. 5, 716. Nos. 34, 34.i.]
Dec. 7.
Barbadoes.
1225. Governor Crowe to the Council of Trade and Plantations. The sundrey encloseds will fully informe your Lordships of our reaysons hourely to expeckt the Enimie, and whatt meathuds I have taken to putt this Island into the best posture of defence, thatt want of money, creaditt and the short time will admitt off. I have not been wanting day or night to vew the lynes and forsese and to give all nessisarey orders. Soe long as I have a drop of blood to loose, your Lordships may depend on the most vigerus resistance thatt can be made with such a devided people, and unexpearianced Malitia. I have raysed a good batrey of 20 gunns on ye Bay near Neadham's Poynte for the better securetye of H.M. ships, and caussed all the trenches to be new scoured, raised battereys on thosse places we apprehend the most danger from, as also on ye passes leading into the cuntrey. All the stores in ye Magazine are destributed wheare most wanted, and the little powder thatt's left taken carre off. The field trayne is fitted and ready to march on an alarme. The hurrey thatt your Lordshipps may belive I am now in, by distributeing of orders, I hope will excuse my not answearing paragraffically your Lordships' last letter of Oct. 30, which I hope to doe to your Lordships' satisfaction per next packett, in the intrime I begg soe much justice from your Lordshipps that noe false suggestions may have any power of prevaileing with your Lordships against, Signed, M. Crowe. Endorsed, Recd. 8th, Read 15th March, 1707/8. Holograph. 2 pp. Enclosed,
1225. i. Governor Parke to Governor Crowe. Antigua, Nov. 17, 1707. Informs him of the arrival of M. Du Casse at Martinique with ships and men etc. Endorsed, Recd. March 8, 1707/8. Copy. 2 pp.
1225. ii. Copy of Governor Crowe's Proclamation, Nov. 26, 1707, requiring all persons in Barbados to prepare for the defence of the Island. All merchants possessing gunpowder, provisions and war-like stores are to give an account thereof. Endorsed as preceding. 1 p.
1225. iii. Copy of Governor Crowe's Proclamation postponing the Grand Sessions from Dec. 9th to June, 1708, owing to the threatened invasion. Same endorsement. 1 p.
1225. iv. Copy of Governor Crowe's Proclamation, Dec. 4, 1707. All persons possessed of 40 acres of land shall, upon the alarm given, over and above the number of negros which by the Laws they are obliged to send down on every alarm, send down to their respective divisions for every 40 acres they are soe possessed of, one able negro or mallato slave armed with a spear or bill upon a staffe, and all persons possessed of any horse shall immediately upon ye appearance of an enemy send such downe to their respective divisions, to be employed in ye publick service. Same endorsement. 1 p.
1225. v. (a) Measures of defence decided upon by Governor Crowe and the Captains of H.M.S. Greenwich, Lynn and Deal Castle. That the ships be haled as near as possible to the shore and unrigged, the lower tier guns brought on shore to form a battery, a regiment of 13 companies be formed out of the sailors, and powder and ammunition be landed and stored in the magazine. Nov. 27, 1707. Signed, M. Crowe, Ja. Jesson (Commadore), Ar. Hamilton, Hen. Blinston. Subscribed, (b) Governor Crowe to Capt. Hamilton. Capt. Jesson by his long sickness being so disabled as not now capable of going abroad you, as the next commanding officer, are hereby desired to secure H.M. ships in the Bay in the best manner you judge proper, to command all merchant ships into the stations you judge most proper and to unload such guns, powder and stores as you shall think best etc. Signed, M. Crowe. Endorsed as preceding. Copy. 2 pp.
1225. vi. Copy of Agreement with the Captains of the Indians at St. Vincent's to assist any English ship arriving there and to secure and return any negros running away thither from Barbados. Signed, On board H.M.S. Lynn at St. Vincent, Oct. 22, 1707. Seven signatures, with Totem Marks, of Carib Chiefs; Malego Bay, Capt. Bugecent, Capt. Sanson; Wilary Bay, Sanson; Valevo Bay, (?) Destee, Capt. Abell; Rebeco Bay, Capt. Nicloa; Marco Bay, Capt. Winiam. Signed in the presence of Henry Blinston, Andrew Barns, Matt. Harman, Wm. Elding. Same endorsement. 1 p.
1225. vii. List of Troops in Barbados, 6 regiments of foot numbering 3,062, of whom 1,904 appeared at the review, Sept. 22, 1707, 51 without arms. 3 regiments of horse, numbering 1,050, of whom 858 appeared. Same endorsement. 1 p.
1225. viii. Account of Stores in the Magazine. Signed, Wm. Lesly, Keeper, Nov. 17, 1707. Same endorsement. 2 pp.
1225. ix. Journal of Capt. Davison, of the sloop Sarah Nicholas, sent out by Governor Crowe to cruize for intelligence of the enemy's ships, Dec. 2, 1707. Reports several ships standing away to the Southward. Signed, Nic. Davison. Same endorsement. 1 p.
1225. x. Journal of Capt. Willoughby, of the Jane and Elizabeth, sent from Barbados to get intelligence of the French fleet at Martinico. Nov. 28—Dec. 5, 1707. Indians at St. Vincent reported 30 to 40 sail at Martinique preparing to attack Barbados and Antigua; others, that there were only 9 at Fort Royal. At Fort Royal I could see but one ship and at Fort St. Peers 14 small vessels and two ships etc. Signed, Thomas Willoughby. Same endorsement. 1½ pp.
1225. xi. Minutes of Councils of War held at Barbados 26th, 27th, and 30th Nov., 1707. Same endorsement. 10¼ pp.
1225. xii. Minutes of Council of Barbados, Nov. 25, 26, 1707. Same endorsement. 2¾ pp.
1225. xiii. Minutes of Council of Barbados, Nov. 27, 1707. Same endorsement. 3 pp.
1225. xiv., xv. Minutes of Council of Barbados, Nov. 28th, 29th, 30th, 1707. Same endorsement. 4¼ pp.
1225. xvi., xvii. Minutes of Council of Barbados, Dec. 1st and 5th, 1707. Same endorsement. 3 pp.
1225. xviii. Journal of Assembly of Barbados, Nov. 25, 1707. Same endorsement. 5½ pp. [C.O. 28, 11. Nos. 3, 3.i.–xviii.; and (without enclosures) 29, 11. pp. 210–216.]
Dec. 10.
Whitehall.
1226. W. Popple, jr., to the Attorney and Solicitor General. The Council of Trade and Plantations having under consideration several Acts past in Virginia, they have commanded me to state the case of one of the said Acts as follows. In 1679 three Acts were sent to the Lord Culpeper under the broad seal of England, in order to be passed into Acts by the Assembly of Virginia. The Assembly passed the said Acts except only that they added two provisoes to the Revenue Act, which is one of the three Acts abovementioned. In Oct., 1680, the said Revenue Act so passed by the Assembly was laid before his then Majesty in Council and was then by an Order in Council, Oct. 14, 1680, confirmed and finally ratified with one of the said provisoes, but by the said Order the proviso exempting Virginia owners was disallowed. (Order quoted. See C.S.P., 1680, No. 1542.) Notwithstanding the above Order, their Lordships are informed that the said Proviso has constantly been put in execution. They desire your opinion (1) Whether the words of ratification and confirmation of the said Law, in the first part of the Order, are made nul and void by the disallowing and making void the said proviso, as mentioned in the latter part of the said Order. [C.O. 5, 1362. pp. 269–271.]
Dec. 10.1227. Mr. Willcocks to the Council of Trade and Plantations. Reply to Mr. Penn's Answer [Aug. 14] to objections to the Act directing the qualifications of Magistrates. (i) It is very plaine that the only pretence made use of for the passing this Act was, that there were not a suffitient number of persons qualified to execute Justice without admiting Quakers to execute Justice amongst them, and that unless they were admitted, there would be a failure of Justice, and the only argument made use of by Mr. Pen to prove it, is that the Quakers are more in number; which may be (which the Replyant doth not admitt) and yett there may be a suffitient number of persons to execute Justice, tho' exclusive of the persons called Quakers. But Mr. Pen seems afraid that his friends will be left out of the administration, which he thinks hard, since his friends have been at such expences in improveing the Country (for which they are suffitiently rewarded), which he need not be, for this Repliant knows of no attempt that has been made to abridge them of the previlidges granted them; and therefore they ought to be satisfied with what they have, and not endeavour to graspe at all, for if they should once make the question to be, which should be excluded, there can be no doubt but it would be determined for those who are and have been for many ages established by Law. (ii) The antient practice of this nation has been to determine all controversies both as to men's lives and estates by an oath, and surely there is no reason to alter it only for the sake of a few persons, who are of late against it, and thereby introduce a practice, whereby men may loose both, by only a bare affirmation, which few or none think so valid as an oath, tho' the punishment is ye same. (iii) Tho' the affirmation may be worded alike, yett there is nott so solemn a way prefixt by this pretended Act as here for the takeing of it, and therefore Mr. Pen might have spared that expression of saying that what this Replyant had said concerning it, seemed a reflection on the wisdom of Parliament, unless he had said there was the same way prefixt for the takeing of it too, but that he cunningly passes by. (iv) Mr. Pen hath given no suffitient reason to alter a Law for persons who thinks that an oath is more oblidgeing then a bare affirmation, unless Mr. Pen hopes that the Quakers being more in number, therefore the others must be devested of theire antient native rights, and loose that which has secured to them the enjoyment of theire liberties and properties, and be brought into subjection to the humours and new opinion of the Quakers, which surely is too great an attempt for them to hope to succeed. (v) It is very inconsistent that one person should be said to give an oath in a Court, when more persons are required to constitute and make that Court, but if the persons called Quakers haveing now the power in theire own hands by this Act, should wholly compose the Court, then there would be a failure of Justice, since they won't give an oath, and many witnesses, denying the obligation of the affirmation, [that] there would be no way left to oblidge men to speake the truth. (vi) Mr. Pen saith that it is presumed that the Quakers hold themselves as firmly bound by an affirmation as by an oath, but doth not so much as averr that they doe; soe if presumation is to determine the difference, it would scarse have an end, for it may as well be presumed that they doe not, as that they do, and the rather since Mr. Pen does not so much as aver that they doe; which he would not have omitted if they had. (vii) The danger is soe great of examineing of witnesses but in open Court, for the reasons before given, that this Replyant shall add no more, but if this way is once introduced no man can have any security for his life or estate, and therefore nothing but the utmost necessity should occasion such a law to be made. Signed, Geo. Willcocks. Endorsed, Recd. Read Dec. 10, 1707. 3 pp. [C.O. 5, 1264. No. 17.]
Dec. 11.
Whitehall.
1228. Council of Trade and Plantations to Governor Parke. We are very sorry for the loss sustained in the Leeward Islands from the late Hurricane, [see Oct. 8], and we have a due sence of your particular share therein. And that no time may be lost in the doing of what shall be found necessary, we have this day laid before H.M. your said letter etc. [C.O. 153, 10. pp. 87, 88.]
Dec. 11.
Whitehall.
1229. Same to the Earl of Sunderland. Enclose Governor Parke's letter of Oct. 8 to be laid before H.M., so as that if possible H.M. pleasure may be signifyed to Col. Parke by the packet boat now ready to sail. [C.O. 153, 10. pp. 88, 89.]
Dec. 11.1230. Sir John Bennett to the Council of Trade and Plantations. The matters relateing to Lt. Governor Bennett and Capt. Jones being referred to Samuel Eyres on Councell for Jones and myselfe on the said Governor's behalfe, I did attend Mr. Eyre, who acquainted me Mr. Jones' demands was 4,000l. I made severall proposalls; that a purchasor was ready to give him satisfaction for his offices, and that the Governour should make him satisfaction for what he could make out the Governour had received of the profits of his offices; But Mr. Eyres said the difference was so great from their demand that he could say no more till he had acquainted them with the proposalls, and then I should hear further from him. And whilst I waited expecting their answer, on Tuesday last Capt. Jones and his Sollicitor came to me to discourse me about my proposalls. But I find they had before applyed to your Lordships for a report, complaining of my delay whilst they held me in expectation of their answer. Prays to be heard by the Board etc. Signed, Jo. Bennett. Endorsed, Recd. 11th, Read 16th, 1707. 1 p. [C.O. 37, 8. No. 43; and 38, 6. pp. 317–319.]
Dec. 13.
New York.
1231. Mr. Byerley to the Council of Trade and Plantations. I humbly crave leave to lay before your Lordps. an account of severall difficulties and hinderances I meet with in the discharge of my Office, as Collector and Receiver General of this Province by H.M. Letters Pattents. I have heretofore been suspended from my Office, by H.E. the Govr. here, and restor'd by directions from the Lord High Treasurer, yet not so effectually as H.M. service requires. The books and papers, relating to my Office and recognizances given for payment of monys due to H.M. Revenue, being deteined from me by Mr. Fauconnier, who acted as Commissioner dureing my suspention. And notwithstanding I have been arrived here almost 12 months, he has not been obliged to adjust his accounts, without which I can't perfect mine etc. This I have humbly represented to H.E. here, but without success, that gentleman being Navall Officer and Chiefe Manager of affairs here, which are, by him and others the chief in the Government, carry'd on contrary to H.M. interest, and whatever is acted to that end, if contrary to theirs, is spurned at and disencouraged; that, in doing my duty, I have been threatned to be murdered, to be pull'd out of the Custom House and to have that pull'd down, and this (tho complained of) is gone unpunished. I have given 2,500l. security to H.M., for the due discharge of my Office, and that is well known to H.E., yet H.E. has lately issued his warrant under his own hand and seale, and caused me to be taken by the Sherffe. here, and to give 2,000l. security to appear before H.E. and Councill, under pretence I had imbezelled the Queen's mony, and caused the books belonging to my Office to be taken away, which are since restor'd to me, and at my appearance before H.E. and Councill, was told by H.E. that he heard I was running away. These are some of the many indignityes and hardships put upon me, in acting for H.M. service, which I shall always endeavour to promote, yet without your Lordships' protection and assistance, it will be extreame difficult. Prays that if Lord Cornbury complains of him, he may be allowed time to justify himself etc. Signed, T. Byerley. Endorsed, Recd. 12th, Read 15th July, 1708. 2 pp. Enclosed,
1231. i. Copy of Lord Cornbury's Warrants for the arrest of Thomas Byerley and sealing up the Custom House books etc. H.E. was then in New Jersey, etc. Signed, Cornbury. Oct. 27, 1707. Endorsed as preceding. 1½ pp.
1231. ii. Copies of several petitions of Mr. Byerley to Governor Lord Cornbury, relating to his suspension, etc. and Minutes of Council of New York thereon, Feb. 6—July 1, 1707. Same endorsement. 3½ pp.
1231. iii. Proclamation by Governor Lord Cornbury, New York, Feb. 6, 1706(7), upon his restoring Thomas Byerley to the office of Collector and Receiver General. Same endorsement. Printed. 1 p. [C.O. 5, 1049. Nos. 82, 82.i.-iii.; and (without enclosures) 5, 1121. pp. 305–308.]
Dec. 15.
Whitehall.
1232. The Earl of Sunderland to the Council of Trade and Plantations. H.M. has heard with concern the account of the late losses in the Leeward Islands [Oct. 8]. H.M. has already ordered two fregates to be forthwith sent 'em as Coll. Park has desired for the protection of those Colonys and their trade, and does now desire to know from you what can further be done towards their relief. Signed, Sunderland. Endorsed, Recd. Read Dec. 18, 1707. 1 p. [C.O. 152, 7. No. 29; and 153, 10. p. 90.]
Dec. 16.
Crotchett Fryers.
1233. Mr. Merrett to Mr. Popple. I duely forwarded the letter, committed to my care by their Lordships, by Capt. Peter Chamberlaine, H.M.S. Advice, who, 3 or 4 leagues off St. Johns, mett with Capt. Underdowne with the fleet for England, and by him was commanded to returne with him to England, so that not only what letters be carried, but the monye for the Garrison and souldiers' cloaths, with the Ingenieer and Gunner are brought backe with him etc. Signed, Solomon Merrett. Endorsed, Recd. Read Dec. 17, 1707. Addressed. Postmark. ¾ p. [C.O. 194, 4. No. 32; and 195, 4. pp. 390, 391.]
Dec. 17.
Whitehall.
1234. Council of Trade and Plantations to the Earl of Sunderland. Report upon Sir Wm. Hodges' petition for passes for some Spanish ships [see Dec. 4]. For some years since there has been a constant trade from Jamaica to Porto Cavallio (Honduras), to which place the Jamaica merchants have sent as much woollen and other Brittish manufactures as that place will take off, by two sloops which make about 8 voyages a year. Our exports would yearly be increas'd, if the merchants had due encouragement. In return they bring back silver, gold, indigo, sasaparilla, hides etc. The granting of such a pass as desired would be a great security to our enemies, no advantage to Great Brittain, but a discouragemt. to the fair trader from hence to Jamaica and the Spanish West Indies, etc. [C.O. 389, 20. pp. 49–51.]
Dec. 18.
Kensington.
1235. Order of Queen in Council. Col. Tobias Frere is to be restored to his place in the Council of Barbados, with the same precedency he had when he layd it down. Signed, John Povey. Endorsed, Recd. Read Jan. 12, 1707/8. 1½ pp. [C.O. 28, 10. No. 53; and 29, 11. pp. 155, 156.]
Dec. 18.
Kensington.
1236. Order of Queen in Council. Appointing Major John Pilgrin [sic] to the Council of Barbados. Signed and endorsed as preceding. 1 p. [C.O. 28, 10. No. 54; and 29, 11. pp. 157, 158.]
Dec. 18.
Kensington.
1237. Order of Queen in Council. Repealing Act of Jamaica to provide an additional subsistence etc. See June 9, and Dec. 3. Signed, Chris. Musgrave. Endorsed, Recd. Read Dec. 29, 1707. 1¼ pp. [C.O. 137, 7. No. 69; and 138, 12. pp. 187–189.]
Dec. 19.
Whitehall.
1238. Council of Trade and Plantations to the Earl of Sunderland. Reply to Dec. 15. Recommend cruisers and supplies to be sent for relief of the Leeward Islands as proposed by the agent. Set out, B. of T. Journal, Dec. 18, 1707. Add; Col. Parke having complained that soldiers had not received any pay since their arrival, the Agent for that Regiment assured us that they received 800l. before their going from Ireland, and that he had since remitted to them 2,350l., which, if the Regiment be compleat, would pay them to July last. It is absolutely necessary the said Regiment should be kept compleat, and the absent officers ordered to their respective posts. [C.O. 153, 10. pp. 91–94.]
Dec. 19.
Whitehall.
1239. W. Popple, jr., to the Attorney and Solicitor General. Encloses extract of Lord Culpeper's Commission directing the manner of passing Laws in Virginia, and a similar extract from Governor Hunter's Commission. [See Dec. 10.] [C.O. 5, 1362. p. 272.]
Dec. 19.1240. Mr. Thurston to Mr. Popple. Capts. Underdown and Chamberlain are expected in the River the beginning of next week. Mr. Latham stopt at Exeter in his journey hither etc. Signed, J. Thurston. Endorsed, Recd. Read Dec. 19, 1707. Addressed. 1 p. [C.O. 194, 4. No. 33.]
Dec. 20.
Kensington.
1241. H.M. Warrant for Tobias Frere to be of the Council of Barbados. Countersigned, Sunderland. [C.O. 5, 210. pp. 73, 74.]
Dec. 23.1242. Attorney and Solicitor General to the Council of Trade and Plantations. We have considered the manner of passing the Act of Revenue sent to the Lord Culpeper in 1679, etc. [see Dec. 10 and 19]. It appears that the method now used in passing Acts for Virginia is extremely different from what it was in 1679. By Lord Culpeper's Commission, the Governor and Council at Virginia are to lay before the King in Council here such Bills as shall be prepared for making new laws for that Colony, in order to have the Sovereign's approbation thereof, and if that be obtained, such Bills are to be transmitted under the Great Seal of England to the Assembly in Virginia, where (if what shall be so transmitted be assented to by the major part of such Assembly) it becomes a law from thenceforth, untill it shall be repealed by the like method and authority. But by the Constitution, which seems now to be established, the General Assembly in Virginia have a liberty of enacting among themselves such laws as they think convenient, and the same are to be looked upon in force, untill the Sovereign, upon a transmission hither, shall disapprove the same, provided the transmission be made within three months after the Act passes in the Assembly of Virginia, for the Sovereign here either to confirm or annull the same. The former of these ways, for enacting new laws, seems to us to be the rule that must govern in the present case concerning the said Act of Revenue, which passed in 1679, under Lord Culpeper's Government, and the method that was then taken for passing that Act appears to be directly opposite to the said method that ought then to have been pursued. For the Bill was originally begun here in England and from thence transmitted, under the Great Seal of England, to the General Assembly in Virginia; there the Bill was not assented to, as it was transmitted, but was returned back with two proviso's added thereunto, which provisos being made part of the said Bill ought regularly to have been wholly approved off, or rejected by King Charles II. But neither one or the other was directly done, for the Bill with one of the provisos was confirmed by the said King, and the other proviso was disallowed of and annulled. We are of opinion that the ratification of the said Act, with one of the proviso's only, did become null and void by the disallowance of the other proviso. If any part of her present Majesty's revenue subsists by the authority of this Act only, we conceive it may be for H.M. service to have a new Bill pass in the General Assembly at Virginia, and be transmitted hither for H.M. approbation, pursuant to the method prescribed in Col. Hunter's Commission, which will take away all doubts concerning the collecting and payment of the said revenue. Signed, Sim. Harcourt, Ja. Mountague. Endorsed, Recd. 30th, Read 31st Dec., 1707. 3 pp. Enclosed,
1242. i.–iv. Duplicates of Nos. 1226, 1239. [C.O. 5, 1315. Nos. 76, 76.i.-iv.; and (without enclosures) 5, 1362. pp. 273, 274.]
Dec. 25.1243. Petty Expenses of the Board of Trade, Michaelmas to Christmas, 1707. See B. of T. Journal, Jan. 23, 1708. [C.O. 388, 76. Nos. 32–34.]
Dec. 29.
Whitehall.
1244. W. Popple, jr., to the Attorney and Solicitor General. Presses for immediate reply to Dec. 10. See Dec. 23. [C.O. 5, 1362. p. 272.]
Dec. 29.
Whitehall.
1245. W. Popple, jr., to Mr. Wood. The Council of Trade and Plantations desire you to let them know, as soon as possible, the names and the particular limmits within which the Jamaica merchants carry on their trade with the Spaniards in America. [C.O. 389, 20. p. 60.]
Dec. 30.
Whitehall.
1246. Council of Trade and Plantations to Governor Handasyd. Enclose Order of Council, Dec. 18, repealing Act for additional subsistence, etc., and H.M. letter, Aug. 2, thereupon; also Circular Letter as to attendance of Counsellors. [C.O. 138, 12. pp. 189–191.]
Dec. 30.
Whitehall.
1247. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M. in Council.
1247. i. Council of Trade and Plantations to the Queen. Report upon the Act of Pensylvania directing the qualifications of all Magistrates and Officers, also the manner of giving evidence. By a clause in the same a Deposition in writing of a person sick or going out of that Province is allowed to be good evidence, which sort of evidence being seldom allowed in your Majesty's Courts of Justice within this Kingdom, even in civil matters, nor even then without observing a much more solemn and safe method for allowing the same, than what is laid down and directed by the said clause; but such paper evidence having with great reason always been disallowed in criminal proceedings, because of the known benefit of cross-examining a witness, who very often by an unexpected question discovers the truth, which might otherwise by secret examination have been concealed, and some time[s] from the manner of delivering his testimony a Jury has not beleived a witness; for these reasons, we are of opinion that no such paper evidence should be allowed in Pensylvania, and therefore do humbly offer that your Majesty be pleased to signify your disapprobation of the said Act. [C.O. 5, 1292. pp. 22, 23.]
Dec. 30.
Whitehall.
1248. Circular Letter from the Council of Trade and Plantations to the Governors of Plantations, enclosing H.M. Instructions relating to the attendance of Councillors (Oct. 23). [C.O. 324, 9. p. 154; and 153, 10. p. 95.]
Dec. 30.
Whitehall.
1249. Council of Trade and Plantations to the Earl of Sunderland. Enclose Address of Maryland concerning boundaries [Sept. 10] to be laid before H.M. for her pleasure therein. [C.O. 5, 727. p. 4.]
Dec. 30.
Jamaica.
1250. Governor Handasyd to the Council of Trade and Plantations. Acknowledges letter of Oct. 30. The inclosed will inform your Lops. of M. Du Cass's being arrived in the West Indies, but at what part he is, I cannot at present learn, some say he is not come from Martinique, others say he is at the Havana; but my opinion is he is at Port Lewis, and if so, he is within 18 hours' sail of us: Upon this intelligence I dispatch'd a sloop to give Mr. Wager advice of it, etc. as Dec. 5. He returned into port Dec. 22 with 5 men of war and a ffireship, finding by the account that was given him, that the French squadron would be of too great force for him: he was out a month and two days, but met with very bad weather, and had the misfortune to loose the Margarett upon the Spanish coast, a ship of 24 guns, but all the men were saved. Mr. Wager, upon his leaving the coast, dispatch'd two men of war to the trading vessells that lie at Porto Bell with one man of war, to give them notice of the arrivall of Monsieur Du Cass, which I beleive will hasten them away and occasion a broken voyage to the traders, they are not yet returned, so can give no account of what success they have had. The galleons are making ready at Carthagene with all speed to go to Porto Bell, as soon as they receive orders from M. Du Cass, who, they say, has brought possitive orders for them, but it is my opinion they will not be able to sail so soon by reason the Plate is not come from Lima; but the affairs of the Spaniards are so uncertain that there is no giving any true account of them. As to your Lops.' commands to me to give you my opinion in relation to our trade here, one chief reason that it is at present discouraged is, that abundance of our manufactures are sent to Curasao and St. Thomas's, from whence the French and Spaniards are supply'd with them, by which means we loose the opportunity of putting off our other goods, and I could heartily wish there may be a method taken to prevent it. What will in a great measure encourage our trade, will be the ordering two or three ships of war, that are nimble cruisers, to be always upon the coast, to prevent the French from trading and protect us; and as many more to lie ready carreened in harbour, against their cruize is out, to supply their places: and likewise that the merchants at home do constantly supply us with such goods as are proper for the Trade. I received by the Kingston gally 22 recruits, and do wish the rest may come safe. I am of opinion that M. Du Cass's whole business is for the Galleons, without any design to make an attempt against this place, but if he does pay us a visitt, I am sure they shall not all go back to tell the news, nor am I in the least apprehensive of his taking Jamaica, for I have been acquainted these 35 or 36 years with the French methods of making attempts and attacks. The Assembly mett yesterday, I can say nothing of them yet, but a short time will discover their tempers. Here has been an imbargo since the 3rd inst., which I beleive will soon be off, when we have heard what way M. Du Cass steers his course. About 14 days ago, here was brought in a small Spanish sloop, taken by a Jamaica privateer, she has some dry goods, but what else I can't tell. The Island is indifferent healthy, here is a distemper that comes with a sore throat, of which some people die. Signed, Tho. Handasyd. Endorsed, Recd. 8th, Read 15th March, 1707/8. 3½ pp. [C.O. 137, 7. No. 77; and 138, 12. pp. 230–234.]
Dec. —(no date). Antigua.1251. Governor Parke to the Council of Trade and Plantations. Encloses Journal of Council and Assembly up till Oct. 31, and duplicate of letter Nov. 18 etc. I hyred a sloop to carry my letter and news of Du Cass to Jamaica at my own charge. My Govermt. leying so near Martineco gives me a great deal of trouble as well as some expence more than any of the other Governors, therefore I hope your Lordships. will be my friends to get me the Regiment, if Coll. Lillingston does not come over. Du Cass sailed to Leeward Nov. 22 last; the acct. is from a flagg of truce sent from Martineque to me wth. some prisoners; the allarm he caused has done us some good, I have got the walls at Monk's Hill repair'd and a lyne drawn abt. the town tho' not finished. When they are ffrightned they will send their negroes to the publick workes, but they will lett them remain their no longer than the freight lasts. I shall send the jurnalls of the other Islands as soon as I can get them wth. a list of 6 of the ablest men of each Island. Had I had a man of warr, I would have gone down and done it myselfe. Mr. Crabb, who the Queen has put in one of the Council of this Island, is a perfect stranger to me, but the Gent. of the Council informes me he owes more than he is worth, and if his estate was clear, 'tis but an indifferant one. I comunicated your Instruction to the Council abt. sending a list of all the inhabitants, they thought it of ill consequence, as I writ your Ldps. before, during the warr, for when a man loses his ship, his thoughts are imployed abt. his own intrest, and will forgett to sink my packett, but since it is your Ldpps. 'Order, it shall be done as soon as may be, and sent. Signed, Daniel Parke. Endorsed, Recd. 8th, Read 15th March, 1707/8. 3 pp. [C.O. 152, 7. No. 40; and 153, 10. pp. 132–134.]