America and West Indies
February 1708, 16-28

Sponsor

Institute of Historical Research

Publication

Author

Cecil Headlam (editor)

Year published

1916

Pages

675-680

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'America and West Indies: February 1708, 16-28', Calendar of State Papers Colonial, America and West Indies, Volume 23: 1706-1708 (1916), pp. 675-680. URL: http://www.british-history.ac.uk/report.aspx?compid=73756 Date accessed: 02 October 2014.


Highlight

(Min 3 characters)

February 1708, 16-28

Feb. 16.
Whitehall.
1341. Council of Trade and Plantations to the Lord High Treasurer. Enclose account of 6 months' salaries due to the office at Christmas. [C.O. 389, 36. pp. 359, 360.]
[Feb. 16.]1342. Copy of lease of Mr. Pilgrim's House in Barbados to the Treasurer, for the residence of the Governor. Feb. 7, 1705. Signed, John Frere, Tho. Palmer, Saml. Forte. Endorsed, Recd. from Major Pilgrim, Read Feb. 16, 1707/8. 9 pp. [C.O. 28, 10. No. 80.]
Feb. 16.1343. Copy of an Act of Barbados, 1706, confirming above lease. Endorsed as preceding. 6 pp. [C.O. 28, 10. No. 81.]
Feb. 18.
Whitehall.
1344. The Earl of Sunderland to the Council of Trade and Plantations. Encloses following for their report. Signed, Sunderland. Endorsed, Recd. Feb. 28, Read March 2, 1707/8. ½ p. Enclosed,
1344. i. S. Duport to the Queen. Refers to Orders of Council in his favour. See C.S.P. 1693, 1694. Nos. 707, 1011, 1012, and 1698. No. 675. Hearing that Col. Codrington out of spite threatened to give away his plantations to other men (as he really offered them), Petitioner was forced to leave of his solicitations and embark for America etc. He was taken by the French in his passage coming from the Leeward Islands, but refused to command an expedition against the English Plantations. He suffered very much by the late French invasion and hurricane in St. Kitts and is in actual want. Prays that he may partake of H.M. bounty intended for St. Kitts and Nevis. 1 p.
1344. ii. Copy of Order in Council May 12, 1694. Cf. C.S.P. 1694. No. 1012. 3 pp. [C.O. 152, 7. Nos. 39, 39.i., ii.; and 153, 10. pp. 126–131.]
Feb. 19.
Whitehall.
1345. Council of Trade and Plantations to Col. Jenings. Enclose Order of Council, Jan. 25, and H.M. Letter, Feb. 6. [C.O. 5, 1362. p. 287.]
Feb. 20.1346. Lord Baltimore to [? the Council of Trade and Plantations]. My Lord Baltemore, in 1699, haveing his house in Maryland plundred, and all his books of accounts and papers burnt and distroyed, whereby his Lordship was disabled to make his just and proper demands of such rents, ffines and other duties as were due to him from the Planters in that Province, to retrive this inconvenience, made a lease and a grant of all such rents, ffines and duties to Richd. Bennett and James Heath, two persons well acquainted with the severall and particular duties, rents and ffines due from the pattentees of lands under his Ldship. for 8 years ending Aug. 1, 1707, to ye end ye sd. leassees or grantees might in that time by theire care and inspection make perfect roles, and setle a true state of ye Revenue of Maryland due from ye sd. Planters, both for theire owne and his Lordps. use and benefitt, and to avoyd all controversies yt. might for ye future arise concerning ye sums and values of such rents and duties; but instead thereof, the said Bennet and Heath have neglected to prepare and make such accts. and rent roles, and theire terme being now expired, upon pretence yt. they are without remedy to recover ye sd. rents, arrears of rents and dutyes by distress after ye end of their term, and yt. my Lord Baltemore may by giveing acquittances and discharges for such rents and duties as shall grow due after ye end of yt. term, extinguish ye arrears due to them, yt. they shall be without all remedy by actions of debt or otherwise, have obtained an Act of Assembly in yt. Province, giveing them remedy for recovery of ye sd. arrears by action of debt, which Act is very injurious to ye Ld. Baltemore, in yt. the sd. Bennet and Heath have not complied on their part in finishing all ye rent roles; ye sd. Act being also grownded upon two gross mistakes in Law, ye one is, that although ye remedy by distress is gon, after ye end of ye sd. term for 8 years, yet ye remedy by action of debt remains good to them, wch. is as much as this Act provides, and such remedy is and ought to be had only in ye Provinciall Court there, and no statute of limitations can barr or hinder them, but by theire owne gross neglect; ye other mistake is, yt. ye Act supposes yt. my Ld. Baltemore's receipt of a year's rent after ye end of ye sd. term will extinguish or discharge ye arrears, this is allso an error, for my Lord's receipt of a subsequent rent might debarr his Lordship of a former rent due to himselfe, but cannot prejudice ye right and just demands of others; and as yt. Act of Assembly is in favour of ye sd. Bennet and Heath, for whose benefit it is aleadged to be made, soe it is really prejudicall and injurious to my Ld. Baltemore, to prejudice whom it seems to be contrived and framed, for it contains a clause yt. no orphan shall be sued in an action of debt for arrears of rent till 5 years after such orphan attains his age, wch. is to introduce a strange and unreasonable law, and thus instead of my Ld. Baltemore's rent-roles being retrived and made good againe, his Lordp. is not only left in ye darke by those yt. shoud have don yt. worke, being ye cheife consideration for farming ye rents to ye sd. Bennet and Heath, but put to greater inconvenience then before, and ye further to disable his Lordp. from coming to ye right knowledge of his affairs in Maryland, by ye assistance of such friends and Agents as his Lordp. has there, another Act of Assembly is made, yt. his Lordp.'s Agents shall certifie into ye Secratary's Office ye instructions and conditions of ye Plantations, with ye ffees by them demanded, and obliging all his Lordp.'s deputy-surveyours to qualifie themselves according to Law; as for ye instructions and conditions of ye Plantations, every pattentee knows by his grant or pattent what concerns himselfe, why shoud this be certified into ye Secratary's Office ? and as for my Lord's Agents or Surveyors qualifieing themselves according to Law, it is the same as if all the noblemen and gentlemen's stewards or agents in England should be put to qualifie themselves in such manner as Magistrats, officers, and publicke Ministers of Justice are required to doe, wch. would be absurd and troblesome; however, his Lordp. desires to employ none yt. shall refuse to take any oath of fidelity or obedience to H.M., and if they exact any fees that are not due and accostomed, ye Courts of Justice are there open as in England against all exactions and extortions whatsoever, where good and sufficient remedy is to be had against all such offences; it is observable in this Act of Assembly there is not so much as a colour given or alledged of any abuse in my Lord's Agents or Surveyours concerning unjust demands of fees, as in truth there has been noe occasion of complaint given, and why there shoud be any Act of Assembly for redress, where there is no grivance soe much as suggested, is not to be understood. Endorsed, Recd. Read Feb. 20, 1707/8. 1 large p. [C.O. 5, 716. No. 42; and 5, 727. pp. 25–29.]
Feb. 20.
Boston in New England.
1347. Capt. Redknap to the Council of Trade and Plantations. There was an expedition in May last, form'd by H.E. Col. Dudley and the General Assembly of the Massachusetts Province against H.M. Enemies, the French and Indian rebells in the severall parts of Nova Scotia and L'Accidie. The Governour caused to be raised 1,100 men for the said service, all vollonteers, and as good Officers as could be found in the Country at the head of them, the men were well armed, and part of them in regimentall clothing, beleiving it would add life to the service. As H.M. Engenier, I was ordered by H.E. to imbarque with the forces, with the charge of carring on the trenches, in case we should find ourselves capable of laying siege to the Enemies' principall place of strength, the fort of Port Royall, we imbarked May 12 att Nantaskett (or Boston) with a sufficent quantity of provisions and ammonition, and 8 field peces and 2 small morters, we came to an anchor the 26th in Port Royall bay, where we landed the same day, and took posession of the ground a small distance from the Fort with little loss, we lay before the fort 10 days without being able to gett our guns or morters before the place, by reason of the extream woods and marshes, we must of necessity pass for neare 6 miles togeather, and the great hazard of transporting our artillery in small boats, we not being acquainted with the River. The difficultys being such, the Commander in Chief called a Councill whither they should attempt besieging the Enemie, or lying before the place, and starve them, the Commander finding by Deserters and prisoners that we took, that the Enemy had upwards of 500 fighting men in the fort and 12 months' provision, so that they came to a resolution to distroy the Enemy's settlements, which was done effectually for near 20 miles togeather, by burning theire houses, killing the cattle, cutting theire dams, and drowning theire corn and pastures, which I judge will reduce them to the last necessity. The Fort of Port Royall is a fortification of 4 bastions, a half moon and a large battery, to command the Port, there is 38 gunns mounted and 2 large morters, with large quantitys of ammonition, your Lordships shall have a plann of the place, what I have to add, I now send your Lordships a plan by H.M.S. Depford, that your Lordships may better judge of the Enemy's strength in these parts, the rather because I perceive the Governour is reflected upon by some malitious men that love change and themselves to be masters of all things, though theire number is very few, yett two of them, and I think no more, are Minesters in this town, which make all the noyse they can invent. We have no regular Companys in these parts (but Millitia only) and are very difficultly governed especialy in any action that is hazardous, to my knowledge the best Officers and men that could be pick't out of the whole Province, were imploy'd in this Expedition, and I think it impossible to have done more, unless we had had cannon and morters superiour to theires, to have thrown away the Country people in assaulting the place to no effect had been much worss, we had not above 30 men killed in the whole Expedition; we brought away a number of the Enemy prisioners, and burnt their houses to the gates of their fort, I beleive 150; kill'd 1,000 head of cattle, and all their sheep and swine, etc. If we had sustain'd so great a loss upon any settlement of this province, then they would make a clamour of our being undon. The country is well defended, and universaly satisfied, if a very few men, who are of an insolent spiritt, would be contented in doing theire dutys, I am apt to beleive they will never be easey with anybody. Signed, J. Redknap. Endorsed, Recd. 16th, Read 23rd July, 1708. 4¾ pp. [C.O. 5, 864. No. 233; and 5, 912. pp. 485–488.]
Feb. 20.
St. James's.
1348. Order of Queen in Council. Approving Representation of July 1, 1707, relating to the tobacco trade, and directing that orders be given accordingly. Set out, Acts of Privy Council, II. pp. 536, 537, q.v. Signed, John Povey. Endorsed, Recd. 4th, Read March 5, 1707/8. 1½ pp. [C.O. 5, 1316. No. 1; and 5, 1362 pp. 288, 289.]
Feb. 20.
St. James's.
1349. Order of Queen in Council. Repealing Act of Carolina, to encourage the settlement of this Country, etc. See Nov. 12, 1707. Signed, John Povey. Endorsed, Recd. Read March 2, 1707/8. 1½ pp. [C.O. 5, 1264. No. 28; and 5, 1292. pp. 31, 32.]
Feb. 20.
St. James's.
1350. Order of Queen in Council. Confirming several Acts of Bermuda, 1690–1704, according to Representation of June 27, 1707. Signed, John Povey. Endorsed, Recd. Read March 2, 1707/8. 3¾ pp. [C.O. 37, 8. No. 44; and 38, 6. pp. 320–325.]
Feb. 20.
St. James's.
1351. Order of Queen in Council. Repealing 5 Acts of Bermuda, 1690–1704, as proposed by Representation of June 27, 1707, q.v. Signed and endorsed as preceding. 1½ pp. [C.O. 37, 8. No. 45.]
Feb. 20.
[Whitehall.]
1352. W. Popple, jr., to William Penn. The Council of Trade and Plantations desire to speak with you on Tuesday, or at any other time which you will please to let me know, concerning the boundaries of Maryland and Pensylvania. See Jan. 8. [C.O. 5, 1292. p. 30.]
Feb. 20.
Whitehall.
1353. W. Popple to W. Lowndes. The Council of Trade and Plantations having, by the returns made them by the Commodores of the Newfoundland convoys, been informed that considerable quantities of wine, brandy, salt, oyle, French linnens, etc., are carried to Newfoundland by our ships that fetch salt from Portugal, and that the said commodities are at Newfoundland truck'd with the Masters of New England ships for tobacco, sugar and other of the enumerated commodities, which are then carried to Portugal and other foreign markets in the streights, their Lordships desire you to move the Lord High Treasurer that they may have the opinion of the Commissioners of H.M. Customs how this irregular practice may be prevented. [C.O. 195, 4. pp. 438, 439.]
Feb. 21.
Ratclif.
1354. Mr. Conaway to Lord Baltimore. The day the observation was made on Palmer's Island was Feb. 28, 1682/3, with an instrument of 10 feet radius. The sun's meridian altitude being that day 46°26, which (after it was wrought according to Art) produced for ye latitude of that place 39°44. Signed, James Conaway. Endorsed, Recd. Read Feb. 23, 1707/8 Addressed. 1 p. [C.O. 5, 716. No. 43.]
Feb. 23.1355. Mr. Heysham and Mr. Royle to the Council of Trade and Plantations. Refer to recent irregularities by the Governor and Council of Barbados, Nov., 1707, in favour of Col. Cleland and Col. Holder etc., and pray the Board to represent these transactions to H.M., in order that the Law to ascertain the payment of bills etc., dispensed with by the Governor, may have effect. Signed, William Heysham, John Royle. Endorsed, Recd. Read Feb. 23, 1707/8 1 p. [C.O. 28, 11. No. 1; and 29, 11. pp. 202, 203.]
Feb. 23.
Kensington.
1356. H.M. Warrants appointing John Contee, Samuel Young, and Thomas Greenfield to the Council of Maryland in the room of John Addison, Robert Smith and James Saunders, decd. Countersigned, Sunderland. [C.O. 5, 210. p. 88.]
Feb. 23.
Kensington.
1357. H.M. Warrant appointing Dixey Percival AttorneyGeneral of Jamaica upon the death or resignation etc. of Robert Hodgskin. A clause to be inserted in his Letters Patents obliging him to actual residence and to execute the office in his own person. [C.O. 5, 210. pp. 89, 90.]
Feb. 23.
Kensington.
1358. H.M. Warrant for dismissing Thomas Brook from the Council of Maryland and appointing Seth Biggs in his place. Countersigned, Sunderland. [C.O. 5, 210. pp. 90, 91.]
Feb. 25.
Boston.
1359. Mr. Addington to Mr. Popple. Gives list of papers transmitted by Governor Dudley Nov. 10, 1707. Signed, Isa. Addington. Endorsed, Recd. 16th, Read 19th July, 1708. 2 pp. [C.O. 5, 864. No. 232.]
Feb. 25.
Whitehall.
1360. The Earl of Sunderland to Governor Handasyd. Recommends Mr. Percival (cf. Feb. 23) to his protection etc. Signed, Sunderland. [C.O. 5, 210. p. 92.]
Feb. 26.
Whitehall.
1361. Council of Trade and Plantations to Governor Parke. Enclose Additional Instruction relating to House-rent. [See Jan. 8 and Feb. 3.] You are to take care that H.M. pleasure herein be punctually obeyed. [C.O. 153, 10. pp. 124, 125.]
Feb. 27.
Whitehall.
1362. W. Popple to Josiah Burchett. The Council of Trade and Plantations find that Capt. Underdown has not given a perfect answer to one of his Instructions, having only made a return of the provisions remaining at Newfoundland on June 28th last. They therefore desire you to move H.R.H. that Capt. Underdown may give them an account how the three years' provisions have been disposed of, or the reasons of his not taking such an account. They desire to know the name of the Commodore appointed for this year's convoy for Newfoundland, and also when he will be ready to sail. [C.O. 195, 4. pp. 439–441.]