America and West Indies
January 1708

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Institute of Historical Research

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Cecil Headlam (editor)

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1916

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633-652

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'America and West Indies: January 1708', Calendar of State Papers Colonial, America and West Indies, Volume 23: 1706-1708 (1916), pp. 633-652. URL: http://www.british-history.ac.uk/report.aspx?compid=73754 Date accessed: 24 October 2014.


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Contents

January 1708

Jan.—June.1258. Permits for 21 ships not to be embargoed in the West Indies. [C.O. 5, 210. pp. 79, 80, 84, 87, 92–94, 97, 99.]
Jan. 5.
Whitehall.
1259. Council of Trade and Plantations to the Queen. Report upon Act of Virginia for raising a public Revenue etc., 1705, containing several clauses not fit to be allowed. (1) The clause as to the measurement of ships, etc. All the merchants and owners of ships trading to Virginia have complained to us that by this rule they would pay considerably more tunnage than the real burthen of their ship. (2) The clause acquitting vessels owned by inhabitants of the country for half fees. This clause is a great hardship on your Majesty's Naval Officer and Collector, may prove a discouragement to their diligence and integrity, and consequently lead to the lessning your Majesty's Revenue there; besides that it is a burthen upon the owners of vessels of this Kingdom, who by this clause will pay double the fees of the Virginia owners. (3) Another clause enacts that out of the money arising by the duty of 2s. per hhd. of tobacco exported, imposed by this Act, there shall be annually paid unto such Members of H.M. Council for the time being as now are inhabitants, or at the time of such payment shal have been inhabitants of that Colony for the space of three years then next preceding, 350l. sterl. etc. This clause directing a qualification of a Counsellor is an incroachment on your Majesty's Royal Prerogative; it being your Majesty's undoubted right to appoint such persons as your Majesty shal think fit to that station, and may prove a great discouragemt. to your Majesty's subjects of this Kingdom and elsewhere, who may at any time, upon account of trade or otherwise, transport themselves into that Colony. Nor is there in the Act past in 1680 for raising a public Revenue, and which is still in force, any such clause to ascertain the salaries payable to Counsellors, which we are of opinion ought to be left to your Majesty's Royal pleasure. Recommend the disallowance of the Act, which will not be any prejudice to your Majesty's affairs in Virginia, for that the above-mentioned Act passed there in 1680, which grants the same Revenue, tho' it has not the abovemention'd unreasonable clauses, will still subsist and be in force upon your Majesty's repealing the Act of 1705. We further take leave to offer, in case your Majesty shal think fit to disallow the foresaid Law, that a letter be writ to the Governor or Commander in Chief of Virginia, that a new Law be passed for the admeasuremt. of ships, and that the rule for doing the same be that contained in the Act of the 6th and 7th William III, if it be found practicable in those parts, to measure the length of the keel so much as the ship treads upon the ground, several of the Virginia Merchants, and Coll. Nicholson, late Governor of that Colony, affirming to us that the same cannot be done, for want of conveniency to lay such vessels dry, which is the only objection they have to it: But if this Rule be found impracticable, then we humbly offer that the method, agreed unto by the Commissioners of Customs, be inserted in such new Bill. Quote rule from No. 1193. [C.O. 5, 1362. pp. 275–278.]
Jan. 6.1260. Order of Committee of the House of Lords. The Council of Trade and Plantations are to lay before their Lordships a copy of their charge against the Charter and Proprietary Governments, and the opinions of Mr. Attorney and Mr. Solicitor General given at any time concerning them. Signed, Math. Johnson, Cler. Parliamentor. Endorsed, Recd. Read Jan. 7, 1707. ¾ p. [C.O. 5, 1264. Nos. 18; and (duplicate) 19; and 5, 1292. p. 24.]
[Jan. 7.]1261. Copy of Mr. Attorney and Mr. Solicitor General's Report upon Representation of July 10th, 1704, etc. We concur with them that, upon an extraordinary exigency happening through the default or neglect of a Proprietor etc., your Majesty may constitute a Governor, as well for the Civil as Military part of Government, with this addition only that, as to the Civil Government, such Governor is not to alter any of the rules of property or methods of proceedings in civil causes established pursuant to the Charters granted, whereby the Proprietors of those Colonies are incorporated; on perusal of which Charters we do not find any Clauses that can exclude your Majesty (who have a right to govern all your subjects), from naming a Governor on your Majesty's behalf for those Colonies at all times. Signed, Edw. Northey, Sim. Harcourt. Endorsed, Recd. Read Jan. 7, 1707/8. 1¾ pp. [C.O. 5, 1264. No. 20; and 5, 1292. pp. 24–26.]
Jan. 7.
Whitehall.
1262. Council of Trade and Plantations to the Board. Enclose favourable character, received from Major Lloyd, of Mr. Latham late engineer at Newfoundland. We find that Mr. Vane, who was designed to supply his place there, is returned back on board Capt. Chamberlain; but we hope orders will be given for his going thither by the first opportunity. [C.O. 195, 4. p. 424.]
Jan. 7.
Whitehall.
1263. W. Popple, jr., to the Attorney General. The Council of Trade and Plantations desire your opinion in point of law upon the inclosed Book of Laws pass'd in Maryland, 1705, etc. List annexed. [C.O. 5, 727. pp. 5–8.]
Jan. 8.
Kensington.
1264. Order of Queen in Council. Confirming Act of New York, 1704, declaring the illegality of the proceedings against Col. Bayard and Alderman Hutchins. See Nov. 3, 1707. Signed, Edward Southwell. Endorsed, Recd. 19th, Read 21st Jan., 1707/8. ¼ p. [C.O. 5, 1049. No. 42; and 5, 1121. pp. 109, 110.]
Jan. 8.
Kensington.
1265. Order of Queen in Council. Repealing Act of New York, 1705, with the same title as above. Signed and endorsed as preceding. 1¾ pp. [C.O. 5, 1049. No. 43; and 5, 1121. pp. 110, 111.]
Jan. 8.
Kensington.
1266. Order of Queen in Council. A letter is to be written to Governor Lord Cornbury on Budge's case, as proposed Oct. 23, 1707. Signed, Edward Southwell. Endorsed, Recd. Read Jan. 29, 1707/8. 1¼ pp. [C.O. 5, 1049. No. 44; and 5, 1121. p. 112.]
Jan. 8.
Kensington.
1267. Order of Queen in Council. Repealing Act of Pennsylvania directing the qualifications of Magistrates. See Dec. 30, 1707. Signed, Edward Southwell. Endorsed, Recd. 19th, Read 21st Jan., 1707/8. 1¾ pp. [C.O. 5, 1264. No. 22; and 5, 1292. pp. 26, 27.]
Jan. 8.
Kensington.
1268. Order of Queen in Council. The Representation of the Council of Trade relating to the disobedience of the Propriety and Charter Governments relating to H.M. Proclamation for settling the rates of forreign coin in the Plantations is referred to Mr. Attorny and Mr. Sollicitor Generall to consider the remedys proposed for settling the rates of forreign coin upon the same foot throughout all H.M. Plantations, etc. Signed, Edward Southwell. Endorsed, Recd. 19th, Read 21st Jan., 1707/8. 1 p. [C.O. 323, 6. No. 50; and 324, 9. p. 159.]
Jan. 8.
Kensington.
1269. Order of Queen in Council. A letter is to be written to the Governor of Maryland, in accordance with the Representation of Oct. 23, 1707 (q.v.) on Sir T. Laurence's petition. Set out, Acts of Privy Council, II. pp. 528–532. Signed, Edward Southwell. Endorsed, Recd. 19th, Read 21st Jan., 1707/8. ¾ p. [C.O. 5, 716. No. 36; and 5, 727. pp. 8, 9.]
Jan. 8.
Kensington.
1270. Order of Queen in Council. Referring following to the Council of Trade and Plantations for their report. Signed, Edward Southwell. Endorsed, Recd. Jan. 17, Read Feb. 5, 1707/8. ¾ p. Enclosed,
1270. i. Address of the Governor, Council and Assembly of Maryland to the Queen. Duplicate of No. 1115.i. [C.O. 5, 716. Nos. 39, 39.i.; and 5, 727. pp. 16–18.]
Jan. 8.
Carrolina.
1271. Thomas Gower to John Graves. I long to here what is liked to be done for Providence. The French often visit the Salt Ponds, and have latly taken five vessells there; the Continent of North America will bee very much damnified for want of salt, and if Exuma Salt Pond bee cut of by the Enemy, it will be of great dammadge to us, etc. A true extract. Signed, Jno. Graves. Endorsed, Recd. Read June 11, 1708. 1 p. [C.O. 5, 1264. No. 41.]
Jan. 8.
Kensington.
1272. Order of Queen in Council. Approving Representation of Nov. 7, and ordering an Instruction to be sent to Governor Parke concerning his house-rent accordingly. Set out, Acts of Privy Council, II. pp. 534–536. Signed, Edward Southwell. Endorsed, Recd. Read Jan. 23, 1707/8. 5¼ pp. [C.O. 152, 7. No. 30; and 153, 10. pp. 96–100.]
Jan. 10.
Philadelphia.
1273. Col. Quary to the Council of Trade and Plantations. I have omitted no opportunity of writing, my last was of June 28, etc.; since which I have in the discharge of my duty visitted all the Provinces on the Main of North America, after I had taken my departure from New York Government the next place I came to was the Province of Connecticut, the seate of Government is called New London, tho not much like old London; I attended the Governour, Coll. Winthrope, who received me very kindly, and desired me not to look to narrowly into the mistakes of that Governmt. I quickly found that there was good reason for this caution, for when I went to examine the Custome-house, I found nothing but confusion and roguery. I was apprised of many dishonest practices acted in that place before I went, but did not expect to have found matters so very bad, the person that acts as Collector was one Mr. Withred, a Pillar of their Church, but a great Rogue, wch. am sure your Lordships will believe when I tell you that there is no villany that a man in his post could doe, but was constantly practiced by him, severall vessells that made a trade of runing tobacco from the outparts of Virginia without entry or clearing, came directly to this Governmt. and landed their tobacco, but, what was farr worse, he gave false certificates for the shiping off this tobacco to other of the Plantations, in which he certifyed that the tobacco illegally imported was legally imported, and that the Queen's duty was payd. I have found severall of these false certificates filed in the Custom house of Boston, where considerable quantitys of this tobacco hath been sent, as well as to other of the Plantations, it would tire your Lordships, should I give you the history of the illegall trade carried on and encouraged in this Government from Curacoa, Surinam and other places. This is a very popolous country, able to raise 10,000 effective men, and yet would never assist their neighbours in defending the ffrontiers from the publick Enemy, nor secure their own from the insults of the Enemy, who hath destroyed whole towns and carried away the inhabitants for want of a regulated Government and Militia, there is in this Government five or six ports of trade, some of them considerable, the people are of a very turbulent, factious, uneasy temper, I cannot give their character better than by telling yr. Lordships that they have made a body of Laws for their Governmt., which are printed, the ffirst of which is, that no Law of England shall bee in force in their Governmt., till made so by an Act of their own; and when I have told yr. Lordships this, I think there is no further room to admire at any extravagancy acted in that Governmt. I have turn'd out all the Collectors in this Governmt., and putt others in their places, wch. I hope will make some alteration, though I must own that I have no hopes of preventing illegall trade in that Governmt., whilst it is in the hands of those people, after I had spent some time in this country, view'd all the sea-ports and settled the Officers of the Customs, as well as I could, I went hence to Rhode Island, which is a distinct Governmt., not so populous as Connecticut, but have been more ready in assisting their neighbours against the Publick Enemy, it is scituated betwixt Connecticutt province and that of New England, the situation of this place is very happy for trade, having a very good Harbour, with an easy and quick inlett from the sea, their chief trade is to the West Indies, but more especially they have a great trade to Curacoa and Surinam, the chief town of trade in New Port, wch. is grown in few yeares to be a great town, mainly by illegall trade to those places, nor is it possible to prevent it, whilst the Governmt. is in Proprietors' hands. From this place I went to Boston, where I spent some time, and am obliged to make some remarks to yr. Lordships on the trade and circumstances of that place and Governmt. Boston hath been a place of great trade, but the warr hath extreamly impoverish'd them, so that the trade is not now one third of what it was, the main of their trade consists in their ffishing, lumber and building of shipping, the ffish they carry to Lisborne, Spain, and to severall ports in the streights, and this gives them an oppurtunity of carrying on an illegall trade by bringing the produce of those countrys, contrary to Law, nor doe they want conveniency enough to run these goods before they come into the harbour of Boston, as at Marblehead, Martin's Vineyard and other places; and nothing can prevent it but a small sloop, the lumber they carry in theire ships they build to Barbados and the other Islands, from whence they gett freight for England, but this part of their trade is very much lessen'd by the great number of their ships taken by the Enemy, but what is farr worse then all this, unless H.M. be graciously pleased to apply a very speedy and effectuall remedy and that against their own wills, they and that Country will be utterly ruin'd by the French, who are now settled and fixed at Port Royall just under their noses, which will quite destroy their ffishery; nor will their ships be able to goe in or out of their Harbour, without being taken, unless they are at more charge in maintaining ships of fforce then all their trade is worth, and all this misery they have brought on themselves, by the cowardice and ill conduct (to say no worse) of their late expeditions. Were this matter searched to the bottom, it would discover a black story not fitt for me to mention. I am sure yr. Lordships will be strangely surprized at my telling yr. Honours, that notwithstanding all the misery that hath happen'd, and still threatens New England, from the settlement of the French at Port Royall, yett there hath been and still is a trade carried on with that place by some of the topping men of that Governmt., under the colour of sending and receiving Flaggs of Truce. The history of this affair is to long and perhapps not so proper or safe for me, but it being of so great a consequence to H.M. service, I thought it my duty to give yr. Lordships this hint. Mr. Brenton, the late Collector of New England, designs for England by this Fleet, and will attend yr. Lordships, hee is able to sett this matter in a true light, having ample vouchers for every thing, and therefore shall referr yr. Lordships to him. The Governmt. of New England hath not only intailed this misery on themselves, but on all the Continent of America, for the French haveing so effectually settled themselves at Port Royall, all their privateers will settle there and ruin the trade of all H.M. Governmts. on the main, haveing a safe Port to goe too, and so neare, whereas they were forced to come from Martineco or Canada to infest our coasts, but now it will be done with ease. I have often represented to yr. Honours the unhappy circumstances of H.M. Provinces on North America, who are ruin'd in their trade, harrass'd and destroyed by a handfull of people, for the French are not more then 3,000 efective men in all the parts of Canada and Port Royall, whereas the Queen hath more then 80,000 men in her severall Provinces, which are able to eat up the French, and yett this handfull of men with their conduct will in time, if not prevented, ruin us all, I have represented the true state of this affair to yr. Lordships very fully in severall Memorialls, to wch. I cannot add, but am sure if some effectuall means be not used this warr to remove the French, it will bee too late afterwards, etc. I will return to the Governmts. of New Yorke, and New Jersy, neither of which places have taken the proper methods of raiseing a fund for the support and defence of the country, the Assembly of New Yorke hath hitherto had some regard to the safety of their ffrontiers and support of Government, but not so effectuall as to answer the end, perhapps they may better consider the state of affairs at their next meeting, but as for the Assembly of New Jersy, I much feare that they will not do any thing either for the Queen's service or the Country in respect to its defence or support, especially so long as they are influenced by three or ffour men amongst them, they sate at Amboy in October last, but would doe nothing, but past a vote that they would raise no mony till their grievances were redrest, and then but for one yeare, wht. their grievances are will appeare to yr. Lordships by the inclos'd Remonstrance of theirs [see Nov. 29, 1707], to which H.E. hath given an answer. Yr. Lordships will find that the Queen's Instructions are part of their greivances. I am very sure that it is impossible to satisfy or please the turbulent uneasy spiritts of two or three men in that Assembly, who would sacrifice the happyness and quiet of the whole Country to their private resentments, revenge and malice. I assure yr. Lordships that I have no difference or the least prejudice to any of these men, but what I say is the opinion of almost all that know these men, nay, there are many that will give this character of these men, who at the same time will warmly justify their proceedings in Assembly, by reason that they think they reap the benefitt of it in not paying any mony towards the support of Governmt., or being under any regulation of a Militia, these are powerfull motives for their choosing such men into the Assembly, as for Mr. Samuell Jennings and the rest of the Quakers, they are driving at the same game acted in Pennsylvania by their Friends there, who are resolved to allow no Prerogative of the Crown, nor any power in a Governour, but will have all power lodg'd in themselves, and therefore, since their principles and practices are such, I think they are inconsistent with Government, and ought not to be entrusted with it. I doe most humbly presume to mind yr. Lordships that this growing evill and mischeif requires a speedy remedy, else I feare it will spread over the whole Continent, so that in time, if not prevented, the Assemblys of America will find work enough for yr. Honble. Board to reduce them to reason or keep them within the bounds of it, to dispute the Queen's Prerogative in her Instructions of Governmt., to refuse the raiseing such a revenew as may support her Governmt., to neglect the settling a militia for the defence of the Queen's Provinces, to libell, sleight and affront her Governours, are such stepps as ought to be taken notice off in time, for feare they should goe further, etc. Signed, Robt. Quary. Endorsed, Recd. 7th, Read 28th June, 1707/8. 3¾ pp. [C.O. 323, 6. No. 62; and 324, 9. pp. 200–208.]
Jan. 10.1274. Order of Committee of the House of Lords, upon the Representation of Nov. 28, 1707. The Council of Trade and Plantations are to prepare a draught of an Act of Parliament for establishing the rate and value of the fforeign coyns in the Plantations. Signed, Math. Johnson, Cler. Parliamentor. Endorsed, Recd. 10th, Read 12th Jan., 1707/8. ½ p. [C.O. 323, 6. No. 49; and 324, 9. p. 155.]
Jan. 10.1275. Mr. Way to Mr. Popple. I am informed that Mr. Brodrick, after all his extravagant and wicked practices, hath by flattery and cajoling gott himself into ye Governour's good opinion, and thence promises himself to gett once more into ye Councill, and to be Attorney Generall of Jamaica; his character and how he behaved himself in both before, you can't but have heard too often, etc. I pray you to use your utmost endeavour to prevent so great a mischeif to yt. Island; ye present Attourney Generall, Mr. Hotchkyn, hath demean'd himself to generall satisfaction, but being some time since indisposed, and design'd to gett leave to go off the Island for recovery of his health, he was given to understand yt. he could not have leave, unless he would resigne his office to Mr. Brodrick, which he then declin'd, but to prevent that ill effect another time, it would much abate ye people's fears, if H.M. were to appoint some gentleman fittly quallified, of abillity and integrity, to supply that place during Mr. Hotchkyn's absence, etc. Signed, Benj. Way. Endorsed, Recd. Jan. 10, Read Feb. 10, 1707/8. 1 p. [C.O. 137, 7. No. 74; and 138, 12. pp. 216–218.]
Jan. 12.
Falkland, at Woolwich.
1276. Commodore Underdown to W. Popple. The Council of Trade and Plantations on the 7th inst. demanded a copy of my Instructions, which I have ready, and shall send them, as soon as have H.R.H. directions for so doing. Signed, Jo. Underdown. Endorsed, Recd. Read Jan. 12, 1707/8. ¾ p. [C.O. 194, 4. No. 36; and 195, 4. p. 425.]
Jan. 13.1277. Mr. Wood to the Council of Trade and Plantations. [Reply to Dec. 29.] How far the encourageing and protecting the trade from Jamaica to the Spanish West Indies is of advantage to the Kingdom of England by employing the poor on ye manufactures of ye Island, will appear by the quantitys sold Aug., 1706—Aug., 1707, of which the most modestest computation is 1,400 negroes=56,000l. 4,000 bayes=48,000l. 10,000 perpitts=45,000l. 8,000 sayes=36,000l. 4,000 scarletts=20,000l. 1,000 mixt serges= 3,500l. In sundry goods as laces, worsted stockins, wax, hatts, lynnens of all sorts, by the lowest computation can't have bin sold for lesse then 66,500l. Total, 275,000l. Besides ye above goods wee supply ye Spaniards with great quantitys of flower which brings in returns only silver. Wee might augment our trade to a farr greater value [if it] was protected, and such encouragemt. given as the Dutch have, who supply them with manner of counterband goods, by which meanes they introduce there own manufactures more securely, if wee had such priviledges, our trade would flourish to a great degree, and bring into Jamaica a great many seamen and merchants, etc. But instead, the merchants labour under great difficultys, by the arbitrary proceedings of some Commodors, who have lately bin amongst us by seizeing of our sloops, and if can but gett any one sailor to swear she had iron or steele aboard, then ye sloop is condemned, soe that as matters now stand it lyes in the breast of any sailor hired by such a malicious man to putt aboard our sloop a small parcell of iron or steele, and then informe, by which the sloop and cargoe is lyable to be seized, of which wee have had instances, therefore it's humbly offered yt., if possible, this may be prevented. I am sure it's of noe advantage to this Kingdome, but a great detriment to itt in generall and of infinite service to our neighbours the Dutch, who gaine by our neglect great advantages in trade, wch. wee are better scituated to carry on. I might instance a great many perticulars of sundery other goods we supply ye Spaniards with, but as it's of great many i'le excuse itt, only in generall dare affirme yt. wee might vend among ye Spaniards yearly nigh 500,000l. worth of ye afore-mentioned goods, wch. would imploy great numbers of our men, etc. Endorsed, Recd. Read Jan. 13, 1707/8. 2 pp. [C.O. 137, 7. No. 70; and 138, 12. pp. 191–194.]
Jan. 15.
Whitehall.
1278. W. Popple to Mr. Attorney General. The Council of Trade and Plantations desire your opinion by Monday next whether the frame of the enclosed draught of a Bill for ascertaining the rates of foreign coins in H.M. Colonies and Plantations in America, will answer the end designed, or whether it will be more effectual in case the several species of foreign coin be specified in the enacting clause of the Bill, etc. Annexed,
1278. i. Draught of Bill referred to in preceding. [C.O. 324, 9. pp. 155–158.]
Jan. 15.
London.
1279. Merchants trading to and concerned in the Fishery of Newfoundland to the Council of Trade and Plantations. Notwithstanding the Fishing convoys for Newfoundland have been ordered to be ready to saile for these severall years past, with the first fair wind after March 10th, and the convoys for the sack ships by May 20th, yett so it hath happened by some hindrance or other, the Fishing convoys have not sailed till the latter end of Aprill and beginning of May, and the convoy for the sack ships till the latter end of July, and sometimes till the latter end of August, by which delays not only the Fishing voyadges have been half spoilt, to the great loss of the merchants concerned, and H.M. Customs, but by the late arrivall of the men of war, the Country hath been left open to the insults of the enemy. Pray the Board to represent the great decay of this very advantagious Fishery by these occasions, and the necessity of sending a sufficient convoy to saile by March 1st, and not to stay for any, "whereby fair winds have been lost, and the ships thereby detained sometimes more then 6 weeks"; a convoy for the salt ships from Lisbon, April 1st, and a convoy for the sack ships the first fair wind after May 10. And that protection be granted for men to fit and sail said ships. The damage the French have suffered by our ships and forces in the North Harbours of Newfoundland will certainly induce them (as they have often done) to repay us an hundredfold, unless H.M. shall send a sufficient force of ships to be early in the country, commanded by Gentlemen who have been formerly there. We further offer the necessity of having a fort and garrison at Ferriland, where a fort may be built, which with one or two companies of soldiers, will defend the fishery of that, and four or five harbours adjacent, the best for fishing in Newfoundland. 42 signatures. Endorsed, Recd. Read Jan. 15, 1707/8. 2 pp. [C.O. 194, 4. No. 37; and 195, 4. pp. 425–428.]
Jan. 15.
Kensington.
1280. The Queen to Governor Seymour. Letter directing him to restore the Ordinary licences to Sir T. Lawrence, etc., as ordered Jan. 8. Countersigned, Sunderland. Endorsed, Recd. 27th, Read 28th Jan., 1707/8. 4½ pp. [C.O. 5, 716. No. 37; and 5, 210. pp. 75–78; and 5, 727. pp. 9–13.]
[Jan. 19.]1281. Mayor and Merchants of Poole to the Council of Trade and Plantations. Return thanks for convoys for ships last yeare, "out and home and allso in the Newfoundland." Pray for an early convoy this year (as Jan. 15), and that the Lisbon convoy be not ordered to call at any other porte, as it was last year, and was thereby deteined so long that the sallt shipps were forced to runn, and severall of them were taken etc. On arrival, the convoys to be stationed at Trinity Harbour and Faryland. Signed, George Lewen, Mayor, and 37 others. Endorsed, Recd. Read Jan. 19, 1707/8. 1 large p. [C.O. 194, 4. No. 38.]
Jan. 19/30.
Fort Kijkoveral, Essequibo.
1282. P. Vanderheijde Reze to the Directors of the Dutch West India Company. Signed, Pa. Vanderheijde Reze. Endorsed, Read July 9 (n.s.), 1708. Dutch. 17 pp. [C.O. 116, 20. No. 12.]
[Jan. 20.]1283. List of provisions etc. required for the garrison at Newfoundland, 1708, with Memorandum as to their pay. [Set out, Acts of Privy Council, II. p. 537.] Signed, J. Thurston. Endorsed, Recd. 20th, Read 22nd Jan., 1707/8. 1 p. [C.O. 194, 4. No. 39; and 195, 4. p. 429.]
Jan. 21.1284. Copy of new Privy Seal for the establishment of the Commissioners of Trade and Plantations:—Thomas, Earl of Stamford, William, Lord Dartmouth, Henry. Lord Herbert of Chirbury [sic], Sir Philip Meadows, John Pulteney and Robert Monckton, 1,000l. each per annum, and 1,150l. for the office. [See B. of T. Journal, Jan. 22.] [C.O. 389, 36. pp. 349–355.]
[Jan. 21.]1285. Mr. Solicitor General to Mr. Popple. Mr. Attorney Generall and I call'd ye other day to acquaint the Lords that it will be necessary for us to have the copyes of the Charters granted to the Proprietary Govermts. to peruse as we shall have occasion to answer any questions their Lordships shall think fit to ask of us etc. Sends clerk for the loan of the books in which they are entered, whose receipt is given overleaf. Signed, Jas. Mountague. Endorsed, Recd. Read Jan. 21, 1707/8. Addressed. 1¼ pp. [C.O. 5, 1264. No. 23.]
Jan. 22.
Kensington.
1286. Order of Queen in Council. Referring following to the Council of Trade and Plantations for their report. Signed, Edward Southwell. Endorsed, Recd. 26th, Read 29th Jan., 1707/8. 1 p. Enclosed,
1286. i. Petition of James Benger, of Newfoundland, merchant, and Mary his wife, to the Queen. Complain that they have been arbitrarily dispossessed of Poole Plantation in Ferryland and can obtain no redress there. [See March 5 and April 15.] [See Acts of Privy Council, II. No. 1048.] 1½ pp. [C.O. 194, 4. Nos. 40, 40.i.; and 195, 4. pp. 434–436.]
Jan. 22.
Whitehall.
1287. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M.
1287. i. Council of Trade and Plantations to the Queen. Representation concerning Newfoundland provisions and convoys in accordance with Jan. 15, 19, 20 and 22. Capt. Chamberlain, who carried the cloths and mony for the said soldiers the last year, meeting Commodore Underdown within 5 leagues of St. John's Harbour was by him ordered back, so that they have been this year without either mony or cloths, etc. [C.O. 195, 4. pp. 430–433.]
Jan. 22.
Kensington.
1288. Orders of Queen in Council, as to provisions, pay, bedding and convoys for Newfoundland. Cf. Jan. 15. Set out, Acts of Privy Council, II. pp. 537, 538. Signed, Edward Southwell. Endorsed, Recd. Read Feb. 4, 1707/8. 3 pp. [C.O. 194, 4. Nos. 41–43; and 195, 4. pp. 436–438.]
Jan. 22.
Kensington.
1289. Order of Queen in Council. Upon reading a Report from Mr. Atturney and Mr. Sollicitor Generall upon a Representation of June 10, 1707, together with a letter from the Council of Trade and Plantations to the Earl of Sunderland, Oct. 24, 1707, in relation to the disobedience of the Proprietary and Charter Governments to H.M. Proclamation for setling the rates of foreign coin in the Plantations, and proposing an Act of Parliament for enforcing it, Ordered that the aforementioned papers be sent to the Earl of Sunderland, who is to receive H.M. further pleasure thereupon. Signed, Edward Southwell. Endorsed, Recd. Read Feb. 4, 1707/8. 1 p. [C.O. 5, 1264. No. 24; and 5, 1292. pp. 28, 29.]
Jan. 22.
Kensington.
1290. Order of Queen in Council. Approving Representation of Oct. 28, 1707, and ordering Governor Crowe to restore Messrs. Sharpe, Cox, Milles and Walker to the Council of Barbados as Jan. 24. Signed, Edward Southwell. Endorsed, Recd. Read Feb. 4, 1707/8. 1¼ pp. [C.O. 28, 10. No. 60; and 29, 11. pp. 186, 187.]
Jan. 22.
Kensington.
1291. Order of Queen in Council. Referring following to the Council of Trade and Plantations for their report. Signed, Edward Southwell. Endorsed, Recd. Jan. 24, Read Feb. 4, 1707/8. ¾ p. Enclosed,
1291. i. Samuel Cox, Clerk of the Naval Office at Barbados, to the Queen. Petitioner had a grant of this Patent Office under the Great Seal. At Col. Cleland's instigation, Governor Crowe has seized on it as his perquisite. Petitioner was forced to account to him for the profitts thereof, in order to avoid the effects of an arbitrary power which the Governor assumes, by imprisoning without any process of Law, all who dare dispute his pleasure. This office has been always executed by persons appointed by the Crown. In 1693, His late Majesty asserted the right of the Crown against the pretences of Col. Russell, then Governor. Prays to be restored to his place and the profits extorted from him. Copy. 2 pp. Note.—This petition was withdrawn. Oct. 26, 1708. [C.O. 28, 10. Nos. 61, 61.i.; and 29, 11. pp. 187–190.]
Jan. 22.
Kensington.
1292. Order of Queen in Council. Referring enclosed to the Council of Trade and Plantations for their report. Signed, Edward Southwell. Endorsed, Recd. 26th, Read 29th Jan., 1707/8. ¾ p. Enclosed,
1292. i. Sir T. Laurence to the Queen. Prays that the Governor and Assembly of Maryland may be ordered to recompense him for the damage they have done to him in regard to their illegal and unjust proceedings affecting the office of Secretary, 1703–1707. Signed, Tho. Laurence. Copy. 1¾ pp.
1292. ii. Account showing the diminution of the Secretary's fees caused by the Act of Maryland, 1704. 1 p. [C.O. 5, 716. Nos. 38, 38.i., ii.; and (without enclosure ii.) 5, 727. pp. 13–16.]
Jan. 23.
London.
1293. Mr. Dummer to Mr. Popple. Gives sailings of Antegoa packet-boat, out and home 118 days. Brings news of French squadron of 8 ships under Du Casse at Martinique, as supra, and sundry letters from the Spanish coast captured in a sloop between the Capes. Reports from Barbados say the animosities are higher than ever, and that that Island is in a miserable condition. The Leeward Islands have receiv'd more damage by the Hurrican on Aug. 29 than by the late invasion. Antego is reported to have receiv'd 500,000l. damage, and the others in proportion, and in Jamaica hath been felt two earthquakes of two minutes durance each. The Captain when he was plying to the Capes, Dec. 13, saw 9 sail standing for Jamaica, which he took to be Commodore Wagar's squadron. Signed, E. Dummer. Endorsed, Recd. 24th, Read 26th Jan., 1707/8. Addressed. 1¾ pp. [C.O. 323, 6. No. 51.]
Jan. 23.
Whitehall.
1294. Council of Trade and Plantations to the Lord High Treasurer. Enclose account of incident charges of the office, Michaelmas to Christmas, 58l. 5s. 1d., etc. See B. of T. Journal, Jan. 23. [C.O. 389, 36. pp. 357, 358.]
[Jan. 23.]1295. Extract from Governor Crowe's Instructions as to turning out Councillors guilty of misbehaviour. Signed, A. Skene. 1 p. [C.O. 28, 10. No. 65.]
[Jan. 23.]1296. A. Walker to Charles Cox. Barbados, Nov. 5, 1707. H.E. refused us the Seals to our Address, yet granted them to Col. Holder, etc. Signed, Alexander Walker. Endorsed, Recd. from Mr. Cox Jan. 23, Read Feb. 10, 1707/8. Sealed. ½ p. [C.O. 28, 10. No. 66.]
[Jan. 23.]1297. Certificates, attested before Governor Crowe, Oct.—Nov., 1707, that no suits in any of the Courts of Barbados had been commenced against Alexander Walker since 1688. Signed, by Wm. Davies, Alleyne Culpeper, Alexander Burnet, William Burnet, Clerks of the Courts. Endorsed as preceding. 10 pp. [C.O. 28, 10. Nos. 68, 69, 71–78.]
[Jan. 23.]1298. Copy of complaints against Sharpe, Cox, Cleland, Milles, Colleton, Walker, and Chamberlain, Members of Council of Barbados, as being concerned in the Paper Act, etc. 1 p. [C.O. 28, 10. No. 69.]
[Jan. 23.]1299. Messrs. Sharpe, Cox, Milles and Walker to Governor Crowe. Reply to preceding. Signed, Wm. Sharpe, Saml. Cox, John Milles, Alexander Walker. 3 pp. Overleaf,
1299. i. Merchants of Barbados to Col. Sharpe. Praying for an Act of Relief in regard to the paper bills, etc. 52 Signatures. [See Oct. 8, 1707.] 1 p. [C.O. 28, 10. Nos. 70, 70.i.]
Jan. 23.1300. Sir F. Wyndham to the Council of Trade and Plantations. In the right of his wife, Sir Francis is, by a judgment obtain'd in the Court of Common Pleas, held for the precinct of Christ Church and St. Phillip's towne in Barbadoes against the late Sir Willoughby Chamberlain, entitled to 1,600l., besides a trust of 4,000l. more still owing from the estate of the said Sir Willoughby in that Island. For ten years last past, he hath been at great charge and trouble in prosecutions, in the Court of Equity in the said Island, for the recovery of the said debt, and obtain'd a decree for the same, but Mitford Crow, Esq., having since had the honour to be appointed H.M. Governor there, marrying the widow of the said Sir Willougby, and thereby become lyable to answer the said demands, sitting as Chancellor in his own Cause, hath arbitrarily and unjustly overturn'd all Sir Francis's proceedings for these ten years past, and obtain'd a decree in his own favour in three Chancery Courts, for an unjust debt, pretended to be owing to himself, in the right of his wife. And committs divers other irregularities, as well to the great prejudice of H.M. interest and service, as to the inhabitants there, and the said Sir Francis. All which may more fully appear by several letters of complaint from Sir Francis's Agents in that Island, which he hath ready to produce. Prays for redress, etc. Signed, Fra. Wyndham. Endorsed, Recd. Read Jan. 23, 1707/8. 1 p. [C.O. 28, 10. No. 55; and 29, 11. pp. 159, 160.]
Jan. 23.
Whitehall.
1301. Dixey Percival to the Queen. Prays to be appointed Attorney General of Jamaica in place of Robert Hodgskins, who is about to resign. Subscribed,
1301. i. H.M. refers this petition to the Council of Trade and Plantations for their report. Whitehall, Jan. 23, 1707. Signed, Sunderland. Endorsed, Recd. 26th, Read 28th Jan., 1707/8. 1 p. [C.O. 137, 7. No. 73; and 138, 12. pp. 209–211.]
Jan. 24.
Kensington.
1302. The Queen to Major Lloyd. Upon a Representation from the Board of Ordnance, Our will and pleasure is that such numbers of the soldiers under your command be employed in building the fortifications and barracks at St. Johns as our service may require, for which they are to be paid 6d. per man per day by the persons who shall have the inspection of those works. Countersigned, Sunderland. [C.O. 5, 210. pp. 81, 82.]
Jan. 24.
Kensington.
1303. The Queen to Governor Crowe. You are not to suspend Wm. Sharpe, Samuel Cox, John Milles, and Alexander Walker from the Council of Barbadoes, and in case you have already suspended them, you are immediately to restore them to their places and precedencys, etc. Countersigned, Sunderland. Endorsed, Recd. Read Jan. 28, 1707/8. 2 pp. [C.O. 28, 10. No. 57; and 29, 11. pp. 167, 168; and 5, 210. pp. 80, 81.]
Jan. 25.
Kensington.
1304. Order of Queen in Council. Repealing Act of Virginia, 1705, for raising a publick Revenue and ascertaining the salary of the Councill. Signed, John Povey. Endorsed, Recd. Read Feb. 4, 1707/8. 1¼ pp. [C.O. 5, 1315. No. 77; and 5, 1362. pp. 279, 280.]
Jan. 25.
Kensington.
1305. Order of Queen in Council. Instructions are to be prepared for the Governor of Virginia that a new Law is to be passed, in place of preceding, for the admeasurement of ships, as proposed Jan. 5. Signed, Edward Southwell. Endorsed, Recd. Read Feb. 4, 1707/8. 2 pp. [C.O. 5, 1315. No. 78; and 5, 1362. pp. 280, 281.]
[Jan. 26.]1306. Major Pilgrim to the Council of Trade and Plantations. The Councill and Assembly of Barbados had considerred that the habitation of some Governors formerly ware at soe greate a distance from the cheife towne, and all masters of vessells ware obleidged at thaire first arrivall to waite on the Governor to acquaint him from whence they came, and what thaire loading was, that the verry journey in that hot countrey did verry offten cause them to fall into ffevers, whereof severall lost thaire lives; thay thought of a verry convenient howse with 20 acres of land adjoyning to it, a small mile from the said towne, belonging to Mr. Tho. Pilgrim, which thay rented of him for 21 yeares, paying him 120l. p. annum, and to make it comodious for the reception of a Governor, thay added new buildings to said hous, as allso built verry comodious stables and outhowses, all which cost them above 10,000l. Notwithstanding Mr. Croe at his first arrivall, desired the Assembly to give him the allowance that my Lord Gray had to provide himselfe with a howse, thaire being no howse provided for my Lord Gray, which thay readily granted by passing an Act that he should have 500l. p. annum, which is a greate burthen to that countrey, considering how much monys they had laid out in soe convenient a place, that was verry healthy, in a verry good aire, and had plenty of extreordinary water, and a Governor in any part of said howse, mought see all vessells that came in and went out of the cheife rode of that Island, as allso in sight of the cheife fforts, thay being about a mile distance, it is hoped your Lordships will take some care that the countrey may be eased of the 500l. p. annum given Mr. Croe, beleiveing he would chuse to leave said howse that has cost the countrey soe much money, rather then loose the 500l. per annum, and putt all Masters of Vessells to the same ill conveniencys as formerly. Endorsed, Recd. Jan. 26, Read Feb. 10, 1707/8. 1 p. [C.O. 28, 10. No. 79; and 29, 11. pp. 198–200.]
Jan. 26.1307. James Whitechurch to the Queen. Wroth Delamaine, of the Island of Jamaica, about 28 years since dying intestate, administration of his personal estate was granted to Francis Vincent, Esq., deceased. The said Wroth Delamaine being at his death indebted to Sarah, your petitioner's late wife, in a considerable summe of money, the said Francis Vincent sold and delivered a Negro woman slave belonging to the estate of the said Delamaine, called Catalena, in satisfaction of the said debt. Petitioner, in 1682, intermarried with the said Sarah, his late wife, and became intituled to the said Negro woman, and for 25 years quietly enjoyed her without any interruption or disturbance, during which time she had ten children and grandchildren born on petitioner's Plantation. By the great earthquake and dreadfull fire at Port Royall, great part of the Records of the Island, and petitioner's papers, which would have made out his title to the said Negro woman and her family, were destroyed. The loss of the Records being a generall calamity that all the inhabitants were like to suffer by, for the prevention of the mischief that might thereby happen, an Act was made, by which it was ordained that the present possessors of lands, tenements, hereditaments or Negroes, who had been five years in quiet and peaceable possession without claime or interruption, or should remain quietly and peaceably possest without claime or interruption for the space of five years from the time of such possession, should for ever after hold the same against all persons whatsoever. Notwithstanding your petitioner's having had many years quiet possession of the Negro woman and her family, both before and after the making the said Act, without claime or interruption, and the said children and grandchildren were born on petitioner's Plantation and bred up by him at his charge, yet petitioner being necessitated to return to England for the recovery of his health, the present Governor, Col. Handasyd, in his absence caused the said Negro woman and her children and grandchildren, being 11 in number, to be seized as escheated to the Crown, on a pretence that Charles Delamaine, son of Wroth Delamaine, dyed without heir, and the Governor was so very expeditious in his proceedings, that contrary to the opinion of the Cheif Justice of the Island, he gott an inquisition executed on a writt of escheat before it was possible for petitioner to send any directions to his Agent for his defence, nor could inform him what petitioner's title was. Notwithstanding he very importunately desired time to send to petitioner for such instructions. The Governor hath made a grant of the said Negro woman, her children and grandchildren, to one Richard Rigby, Esq., formerly Provost Martiall, and now Secretary of the said Island. Such proceedings of the said Governor, your petitioner is informed, is without president, and will render the estates of all persons that are absent from the said Island very precarious, if their Agents there cannot have time to receive instructions from their Principalls in England how to make a defence for them, when the Governor thinks fitt to sett up a pretended title to their estates, and will very much discourage your Majesty's subjects from trading to the said Island or purchasing estates there, etc. Prays that the Negro woman may be restored to him, etc. Overleaf,
1307. i. Whitehall, Jan. 26, 1707/8. H.M. refers the above petition to the Council of Trade and Plantations for their opinion. Signed, Sunderland. Endorsed, Recd. Feb. 4, Read March 2, 1707/8. 1¼ pp. [C.O. 137, 7. Nos. 76, 76.i.; and (petition only) 138, 12. pp. 222–227.]
[Jan. 26.]1308. S. Berresford to [? Mr. Popple]. We have had most violent oppotitions here of late betwene the Governour and the Assembly upon his dispensing with the Paper Act in favour of Col. Holder. The Governour has espoused Cleland and Holder soe farr that he has mightely lost himselfe, having taken the verry same measures as you hinted to me in yours per the packet you suspected he would. He has drawne the odium of the peopell generally upon himselfe by siding soe farr as he has doun with Cleland and Holder, thaire is none admitted to the Cabt. Councill but Cleland, Holder and Skene, who are the only enemyes the Governour has, as I beleive will appeare in a little tyme. I mention'd in my last the greate unjustice doun to myselfe, as well as the arbitrary determination of the Governour and Councill upon my presenting my Mandamus to the Board. The usuall custom is to sware every Member, and then to lett them take thaire place, but the Governour, contrary to that custom, first demanded of me what place I expected. I told him the place I had given me by Mr. Sharpe, from wch. he was pleased to remove me. I insisted in it for as much as my Mandamus run diffrent from the usuall forme, haveing the verry word confirm in it, wch. I humbly conceived was therefore incerted in the same. I reason'd and instanst in the case of Cleland against Mills and Walker. The whole Board oppos'd me with violence, and in short the Governour told me, I should not be sworn at all if I would not sitt belowe those fower which he had putt in, urging to me in plaine and express words, that they ware as good Councillers as myselfe. Upon which I denighed it, alleidging as in my owne case, that if he should dey or remove, and another person should have the administration of the Goverment, thay might be postponde as well and as justly as thay pretended to deale by me. The Governour exprest himselfe verry angrely, and us'd what methods he could to brow beate me. Upon which I told him I was obleig'd to submitt to his determination, but desired leave to enter my protest in the Councill Bookes, wch. was denighed me. Prays to be restored. Endorsed, Recd. 26th, Read Jan. 29th, 1707/8. 1 p. [C.O. 28, 10. No. 59; and 29, 11. pp. 176–178.]
Jan. 27.1309. Order of Committee of House of Lords. The Council of Trade and Plantations are to prepare the draught of a Bill for enforcing obedience to H.M. Proclamation of June 18, 1704. Cf. Nov. 28, 1707. Signed, Math. Johnson, Cler. Parliamentor. Endorsed, Recd. Read Jan. 28, 1707/8. ½ p. [C.O. 323, 6. No. 52; and 324, 9. p. 159.]
Jan. 27.
Kensington.
1310. The Queen to the Attorney or Solicitor General. A warrant is to be prepared appointing Norman Meckaskell to the office of Clerk of the Markets in Barbadoes, to be held by himself or his deputy or deputies, and revoking the letters patent of K. William III, granting the said office to Robt. Harmsworth. Countersigned, Sunderland. 1 p. [C.O. 28, 38. No. 67; and 5, 210. pp. 83, 84.]
Jan. 28.
Whitehall.
1311. W. Popple, jr., to Mr. Solicitor General. Encloses Mr. Percival's petition, Jan. 23, and enquires whether, in regard to his abilities and knowledge in the Law, he be a person fit to be recommended etc. [C.O. 138, 12. pp. 211, 212.]
Jan. 28.
Whitehall.
1312. Same to Sir Gilbert Heathcote. Desires him to communicate Mr. Percival's petition (Jan. 23) to the merchants trading to Jamaica, for what they may have to offer thereupon. [C.O. 138, 12. p. 212.]
Jan. 28.
Whitehall.
1313. Council of Trade and Plantations to the Earl of Sunderland. Enclose Address from St. Kitts for H.M. pleasure thereupon. We cannot but remind your Lordship of the letters we writ you the 11th and 19th of the last month, relating to those Islands, wherein we conceive it necessary that H.M. pleasure be speedily known. Enclose extracts from Col. Parke's letter, Nov. 10, 1707, as to ships of war and the regiment there etc. We cannot but repeat (Dec. 19) that it is absolutely necessary the said Regiment should be kept compleat, and the absent officers ordered to their respective posts. As the other matters in the said letter are of very great importance, we pray your Lordship as soon as possible to receive H.M. pleasure thereupon. We likewise enclose the extract of a letter from Mr. Crow, Oct. 8 last, by which your Lordship will observe in what a weak state of defence Barbadoes is at present, and what the consequence thereof may be, if the French force should attack that Island, and therefore we take leave to repeat (Jan. 14, 1706/7; q.v.), that Barbadoes requires a regular disciplined force etc. [C.O. 153, 10. pp. 110–112.]
[Jan. 29.]1314. Mr. Baron to the Council of Trade and Plantations. Prays that the case of his ship America, condemned by Col. Codrington in 1700, may be recommended to Governor Parke for dispatch etc. Signed, Samuel Baron. Endorsed, Recd. Read Jan. 29, 1707/8. 1 p. [C.O. 152, 7. No. 34.]
Jan. 29.
Whitehall.
1315. Council of Trade and Plantations to Governor Parke. Acknowledge letters of Oct. 22, Nov. 10 and 18. The Address of St. Kitts, relating to the distressed condition of that Island, and to the application of the 4½ p.c., we have laid before H.M., and hope in a little time to be able to give you some account thereof. We have also laid before H.M. what you write relating to the want of ships of war etc., and we doubt not but H.M. will give the necessary directions therein. We shall expect the Minutes of Councill and Assembly, the account of imports and exports, and the account of stores of war, which you promise us. We commend your dilligence and zeal in giving notice to Jamaica and Barbadoes of the arrival of the French at Martinico: and we cannot but think the Assembly of Jamaica will be so sensible of your service to that Island: that they will thankfully reimburse the charge you have been at in giving them that intelligence. P.S.—We desire you to send us a list of all the Patent Officers in your Government, specifying the annual value of each office. Mr. Samuel Baron attended us this morning, and shew'd us letters from his Agent of his willingness to proceed in the suit against Coll. Codrington, therefore, since there will be no delay on his part, we do expect that in compliance to the Order formerly given you, you do take care that there be such reasonable dispatch as may be suitable to the course of Justice. [C.O. 153, 10. pp. 113–115.]
Jan. 29.
Whitehall.
1316. Council of Trade and Plantations to Governor Crowe. Acknowledge letters of Oct. 8 and Nov. 5. As to the Cartel between Barbadoes and the French, we writ to you Aug. 14, 1707, and have now recd. your answer. But we do not find reason from what you say to alter our opinion; for though the abuse of flags of truce may be of ill consequence, yet the use of them with due care may be of considerable service. And therefore we are of opinion you ought not to discontinue them, but when any shall arrive, if you take care that the persons who come therein be not permitted to come on shore, and that they speak with none but whom you shall appoint, we cannot conceive but that such flags of truce must be for H.M. service. We expect the accounts of the Revenue which you promise us, it being absolutely necessary for H.M. service that we have a true state thereof, as also a report from the Committee you mention to be appointed for examining into the disbursments of the publick mony. We have not received the copy of the amended Bill relating to the Matrosses, nor of that relating to the Paper Credit, wch. you mention to be inclosed; And therefore we can say nothing upon that matter. You ought not to have turned Coll. Sharpe, Mr. Cox, Mr. Mills, and Mr. Walker out of the Councill, the intent of H.M. Instructions, upon which you ground their dismission, was not to punish them for an error in judgement, and it plainly appears by what they have since done, that their voting for the Paper Act was such, as we writ to you more at large Oct. 30, 1707. H.M. has therefore thought fit to restore them to their places and precedencies in ye Councill, as you will see by her inclosed letter to you upon that subject, which you are to cause to be entred in the Councill Books, and observed accordingly. By such readmission the number of the Councill will be compleat, and therefore the four gentlemen you have put in cannot sit as Counsellors till there be further vacancies, and H.M. pleasure be known. Upon this occasion, we cannot but take notice to you that we have heard that you have refused to admit Mr. Berresford into the Councill, unless he took his place after the four gentlemen you had taken in, which you ought not to have insisted upon, he having been made a Counsellor by Coll. Sharpe, the late President, and confirm'd therein by H.M. We have laid before H.M. what you write of the weak state of the Militia of Barbadoes, and the necessity of sending a regiment thither. When any resolution shall be taken thereupon, we will give you notice thereof. We shall lay before H.M. the Acts you have sent us and shall receive H.M. pleasure thereupon. We expect the plans of the fortifications you promise us, with your opinion upon the same, as also an account of the stores of war in the Island, and what you shall think necessary for its defence. We must exhort you to use your utmost endeavours with the Assembly, and to represent to them the necessity of raising a fund for repairing the places appointed for the publick stores; it being not only for their own honour and reputation but interest also. We are sorry to perceive that the want of cash forces some of your inhabitants from the Island, but that is no more than what we feared, and what Col. Sharpe and the other three abovementioned Councellors very early endeavoured to prevent. In the close of what you write in relation to your sitting in the Grand Sessions you say, "But I shall for the future (as in all things) acquiesce with your Lordships' better judgements and the liberty given me by the last printed Law, to ease myself of so great a trouble." You leave us in the dark what you mean by the last printed Law etc., and therefore desire you to explain it to us. Inclosed we send you a list of such laws as we know of that have been repealed by the Crown. The Minutes of Councill and other papers which you have sent us shall be duly considered. We shall also consider the Minutes of the Assembly in relation to Mr. Holder, and in the mean time we can only tell you that we think you are very much in the wrong to take upon you to suspend the execution of an Act of Assembly, especially one that has been confirmed by H.M. That is what ought not to be done. You have done well to send to the Commissioners of the Customes the Naval Officers' list of ships for last Michaelmas quarter, but you ought likewise according to your Instructions to have sent us a transcript thereof, and therefore we shall expect the same by the next conveyance. We desire you to send us a list of all the Patent Officers in your Government, specifying the annual value of each office. H.M. has been pleased to restore Tobias Frere to his place and precedence in the Councill and to appoint Major John Pilgrim a Member of yt. Board. The Orders are sent you by this conveyance. Annexed,
1316. i. List of 11 Acts of Barbados repealed since 1685. [C.O. 29, 11. pp. 178–185.]
Jan. 29.
Whitehall.
1317. Council of Trade and Plantations to Governor Handasyd. Acknowledge letters of Nov. 9, and Dec. 5. We are satisfied with what you write us about the two privateers, which we informed you had done some irregular things in trading upon the Spanish Coast; but you are mistaken in your conjectures, for the person who gave us the information was never upon the Island of Jamaica, yet very knowing in the state of affaires there. However as you say you are of opinion that the person we had the information from, wanted something to say to blind his own misbehaviour whilst he was in your parts, we cannot doubt but you know of some person who has so misbehaved himself, which you ought to have given us notice of, and therefore we shall expect it from you. You are also mistaken in your opinion that we are not acquainted with the nature of your Assemblies. If they do not keep any records of their Minutes, it is a fault which you ought to have prevented, for it is one of your standing Instructions from H.M. that you transmit to us transcripts of the Journalls of the Assembly, as well as of the Councill, as is done by the other Governours, and therefore we expect it from you. You will see (Dec. 30), what is H.M. pleasure in relation to the Act for quartering of soldiers. We are a little surprized at your answer to what we writ you in relation to the sending the accounts of prizes to the Prize Office, and especially at your calling that a crowding of business, foreign to your employment, upon you. We did not understand that the taking care of what relates to H.M. service in your Government was foreign to your employment, nor are we willing to understand it so yet, till you explain yourself further. And therefore we do expect that you do observe the directions we gave you in our letter of June 26 last, upon that matter, and such others as we shall give you from time to time. We are in hopes, from what you write, that the trade between Jamaica and the Spanish coast will be resettled to the advantage of that Island, and of this Kingdom. We have considered your objections to Sir E. Northey's opinion relating to Letters of Administration, but as that opinion is founded upon the Law of this Kingdom, it is to be a guide to you in all cases of that nature. We commend your diligence in giving Admiral Wager notice of the intelligence you received from Col. Park, and hope your care therein, as also of Jamaica in this conjuncture, will prevent any insults of the enemy.
P.S.—We desire you to send us a list of all the Patent Officers in your Government, specifying the annual value of each office. [C.O. 138, 12. pp. 213–216.]