America and West Indies
March 1708, 22-31


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Cecil Headlam (editor)

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'America and West Indies: March 1708, 22-31', Calendar of State Papers Colonial, America and West Indies, Volume 23: 1706-1708 (1916), pp. 708-715. URL: Date accessed: 28 November 2014.


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March 1708, 22-31

March 22.1401. Mr. Merrett to the Council of Trade and Plantations. The inhabitants of Newfoundland are fully satisfied with Major Lloyd, save five or six malicious persons of no account, etc. Prays for copies of the affidavits against him. Signed, Solomon Merrett. Endorsed, Recd. Read March 23, 1707/8. 1¼ pp. [C.O. 194, 4. No. 61; and 195, 5. pp. 21, 22.]
March 23.1402. (a) The Case of Mary Benger, touching Poole Plantation. [See April 1st and 15th.] 1½ pp.
(b) Her affidavit. Signed, Mary Benger. 1 p.
(c) Capt. Cleasby's affidavit. Signed, Tho. Cleasby. 1½ pp. The whole endorsed, Recd. Read March 24, 1707/8. [C.O. 194, 4. Nos. 62–64.]
March 23.1403. Deposition of Wm. Bushell [cf. March 12] and Roger Richardson. Governor Crowe refused to permit him to sail for Liverpool, but compelled him to give a bond of 500l. to touch at Antego or some of the Leeward Islands. Scared by a ship which he took to be an enemy, he failed to touch at Antigua as intended. Signed, Will. Bushell, Roger Richardson. Endorsed, Recd. Read March 31, 1708. 1 p. [C.O. 28, 11. No. 5.]
March 23.
1404. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M. in Council.
1404. i. Council of Trade and Plantations to the Queen. Recommend for confirmation an Act of Virginia for regulating the size of tobacco hhds., and for repeal two Acts of Maryland, (1) for ascertaining the guage of tobacco hhds. 1704, (2) to prevent cropping, cutting and defacing tobacco, taken on board upon freight, for reasons set out, Acts of Privy Council, II. pp. 547, 548, q.v. Propose that Col. Seymour be instructed to move the Assembly to pass another law conformable to that of Virginia in respect both to the size of the hhds. and to the penalty on the offenders therein. [C.O. 5, 1362. pp. 290–293.]
March 23.
1405. W. Popple to Wm. Penn. The Council of Trade and Plantations being pressed for their report touching the boundaries of Maryland and Pennsylvania, and their Lordships having thereupon daily expected that you would have attended them, have once more commanded me to let you know they cannot longer deferr their Report, that you may dispatch what you have to offer thereupon. [C.O. 5, 1292. p. 35.]
March 24.
1406. W. Popple, jr., to James Campbell. In pursuance of Messrs. Taverner's Memorial [March 5] the Council of Trade and Plantations expect that you should lay before them, as soon as conveniently you can, articles upon which you intend to charge Major Loyd. [C.O. 195, 5. p. 23.]
March 24.
1407. W. Popple, jr., to Mr. Merrett. Encloses Mrs. Benger's case [March 5] for his answer. [C.O. 195, 5. p. 24.]
March 25.1408. Petty Expenses of the Board of Trade, Christmas to Lady Day, 1708, 13l. 10s. 5d. Stationer's account, 37l. 11s. 6d. 2½ pp. [C.O. 388, 76. Nos. 35, 36.]
March 25.
1409. W. Popple, jr., to Wm. Lowndes. The Council of Trade and Plantations being directed by a clause in H.M. Commission to them "to require an account of all monys given for publick uses by the Assemblys in H.M. Plantations," etc., in order to their better proceeding therein, desire you will move my Lord High Treasurer that they may have an attested copy of the patent whereby Mr. Blathwayt is constituted Auditor General of H.M. Plantations, and of his Instructions therein. [C.O. 324, 9. pp. 164, 165.]
March 25.
1410. Council of Trade and Plantations to Governor Handasyd. Since our letter to you of Jan. 29, a duplicate whereof is here inclosed, we have received yours of Dec. 30. In order to protect and encourage the trade of Jamaica, you propose that 6 ships of war be appointed for that purpose. But as we do not clearly understand your meaning, we desire you to let us know whether you mean 6 ships of war besides the squadron appointed to attend your Government. We have acquainted the merchants with the substance of what you write in relation to goods for the Spanish market, and they tell us that it being their interest they constantly send the proper goods, such as are most vendable there. We are in great hopes that by your prudent conduct the Assembly will be brought to a good temper, and that they will fall upon such measures as will tend to H.M. service and the publick welfare of the Island. Upon perusal of the Minutes of the Councill of May 29, 1707, in the case of Col. Edlyn, we find that the Members thereof claime a priviledg of not being sued for their debts without leave first obtained from the Council. This being a matter that has often been complained of here, we desire to know upon what Law or usage such priviledg is founded. [C.O. 138, 12. pp. 234–236.]
March 25.
1411. Council of Trade and Plantations to Lt. Governor Bennett. We have not received any letters from you since June 7 last, and have therefore only to enclose H.M. Orders in Council Feb. 20, confirming and repealing Acts etc. [C.O. 38, 6. p. 333.]
March 25.
1412. Lt. Governor Bennett to W. Popple. Refers to letter of Feb. 10. This comes in the Grantham, which came from Jamaica and meeting with bad weather put in here to refitt. Col. White and Capt. Tucker [Feb. 10], since Mr. Hotchkin, her owner, being very much indisposed, could not part with his cabin for their accommodation, intend to goe by the way of Virginia next week. I have been addrest by the Council and Assembly to pray their Lordps. to suspend all matters relateing to this Govermt. till they arrive, etc. Signed, B. Bennett. Endorsed, Recd. 1st, Read 21st June, 1708. Holograph. 2½ pp. [C.O. 37, 8. No. 56; and 38, 6. pp. 378–382.]
March 25.
1413. Council of Trade and Plantations to Governor Crowe. Acknowledge letter of Dec. 7. We take notice of the preparations and dispositions that you have made to put the Island in a posture of defence, in case the Enemy had attacked you, and we are glad to learn by letters from other parts that that danger is blown over. If so, we doubt not but you will ease the country of the charge of the Militia as much as the publick safety will admitt of. We are sorry to perceive there is so little powder in the Island and we hope that you will take all possible care to replenish the magazines from the powder duty or otherwise, as occasion may offer. We cannot but think that the powder duty if duly collected in specie, and the powder not lavished in salutes as formerly, that duty will sufficiently answer the occasions of Barbadoes. We expect according to your promise, your answer to our letter of Oct. 30, and you may depend that upon all occasions we shall do you justice. We perceive by the Minutes of Councill and Assembly you have sent us, that there are several omissions which leaves us very much in the dark, for in several places there are par to this purpose, that such or such a paper was laid before yourself and the Council and is in the words following, vizt. But we find no such paper entred in the Minutes of Council, as particularly Sept. 16 last, Col. Cleland's answer to the complaints against him, which is a very great fault in the Clark of the Council or the transcriber of those Minutes, and therefore we expect that you take care that such faults be corrected for the future. Otherwise the Minutes you send us are of little information. Enclose H.M. Order repealing Act for House-Rent [March 5], which you are to cause to be published and entred in the Council books as usual. [C.O. 29, 11. pp. 224–226.]
March 25.
1414. Council of Trade and Plantations to Governor Parke. Acknowledge letter of Dec., 1707. We are glad the alarm you have had of the French has caused the inhabitants to repair Monk's Hill Fort, and draw the line you mentioned. And tho' that alarm be over, yet we cannot but think that the said inhabitants will see the necessity of finishing that work so necessary to their security. We shall expect the Minutes of Councill which you promise us, and then shall let you know what observations we may make thereupon. We explained to you, Oct. 30, 1707, what we meant by the list of the inhabitants we had required, and we have only this to add, that whenever you transmit to this Kingdome any papers which may be of ill consequence, should they fall into the enemy's hands, you ought to transmit them by the pacquet boat, the Master whereof has orders for the sinking of them in case of danger. Enclose duplicates of Jan. 29 and Feb. 26 etc. [C.O. 153, 10. pp. 140, 141.]
March 26.
1415. Col. Jenings to the Council of Trade and Plantations. I have not troubled your Lordps. for some months, I pray your Lordps. to beleive that my silence hath proceeded only from want of matter worthy your Lordps.' knowledge, and dayly expectation I have for a long time had of the Governor's arrival, and not from want of a due sence of my duty. Having not recd. any comands, I thank God have only now to acquaint your Lordps., that this H.M. Collony is in Peace, and hath noe other misfertune then an extraordinary scarcity of goods and ammunition, of wch. the Planters are almost totally unprovided, butt hope both the one and the other will be supplyed by ye speedy arrival of the ffleet, and yt. in the interim the stores of warr here belonging to H.M. will bee sufficient for our defence, being under noe apprehenssion at present of any enemy, except some of our neighbour Indians, who have of late given small jeloussyes, and the French annoying this coast with Privateers the approaching summer, wch. I doubt not but H.M. has given directions to allay our fears and secure us from, and then question not but to preserve this H.M. Collony in Peace, etc. Signed, E. Jenings. Endorsed, Recd. Read June 16, 1708. 1¾ pp. [C.O. 5, 1316. No. 5; and 5, 1362. pp. 295, 296.]
March 27.
Crotchett Fryers.
1416. Mr. Merrett to Mr. Popple. I do not know anything of the affair of Major Lloyd and Mrs. Benger's Plantation [March 5] etc. Prays for copies of complaints made against Lloyd, etc. Signed, Solomon Merrett. Endorsed, Recd. Read March 29, 1707/8. Addressed. Seal. Postmark. 1 p. [C.O. 194, 4. No. 65.]
March 28.
1417. The Earl of Sunderland to the Council of Trade and Plantations. H.M. having been pleased to appoint the Lord Lovelace Governor of New York and New Jersey, I desire you will prepare a Commission and Instructions for him as usual. Signed, Sunderland. Endorsed, Recd. 30th, Read 31st March, 1708. ¾ p. [C.O. 5, 1049. No. 47; and 5, 1121. p. 120; and 5, 994.a. p. 328.]
March 29.1418. Two certificates by Merchants and Planters of the Leeward Islands in favour of Lawrence Crabb. He is of good character and estate and was formerly Chief Justice of Antigua etc. 26 signatures. Endorsed, Recd. Read April 12, 1708. 2 pp. [C.O. 152, 7. Nos. 41, 42.]
[March 29.]1419. Wm. Penn to Wm. Popple. Esteemed ffriend, I cant goe to ye Lords, being under restraint, and wish those that occasion ye hast, dont for yt. reason press it. Indeed I have most reason, and think it a great hardship, yt. I, after haveing made a journey to Maryland, in obedience to that Borde in ye year 1700, for ye partition, should now be threatned to have it done over my head, if I will not attend and concurr. I say once more I will, if alive and able, waite upon them this day month, and then I shall make it appeare the delay has been for ye Crown's service more than mine. If this will not satisfy the Lords, I must desire the favour of thee to come to me, that I may, viva voce, give thee my thoughts, that have obliged me to desire ye time I have askt of ye Lords. I am, Thy sincere ffriend. Signed, Wm. Penn. Endorsed, Recd. Read March 29, 1708. Holograph. 3 pp. [C.O. 5, 1264. No. 31.]
[March 30.]1420. R. Davers to [? W. Popple]. Encloses following, etc. Signed, Robt. Davers. Endorsed, Recd. 8th, Read 12th April, 1708. 1 p. Enclosed,
1420. i. The Earl of Sunderland to the Council of Trade and Plantations. March 30, Whitehall. Having a good caracter given me of Timothy Salter of Barbadoes Esq., who is desirous to be one of ye Council there; I desire to know whether you have any objection, etc. Signed, Sunderland. [C.O. 28, 11. Nos. 6, 6.i.; and (without covering letter) 29, 11. p. 227.]
March 30.
1421. W. Popple, jr., to the Lord Baltemore. Mr. Penn having desir'd, by reason of the restraint he lyes under, that the business of the boundaries between Maryland and Pennsylvania may be put off for a month, April 26 is appointed to hear that matter, at which time he is not to fail to be here. Your Lordship may also, if you think fitting, be here at the same time. [C.O. 5, 727. p. 38.]
March 31.1422. H. Wigington to [? the Council of Trade and Plantations]. There came into S. Carolina, the last summer, a vessell from some of the Bahama Islands, on board of which there were some persons who had been taken among those Islands by the Spaniards, who came over to them in Spanish launches and such like craft. We of Carolina were inquisitive after the usage they mett with from the enemy; they told us that they stript them of their cloths, and took what they had from them, and then let them go and shift as well as they could; and we demanding of them further what the Spaniards came there for, with so many men, since they had plunder'd and took away from ye inhabitants what they could some time agon; they said, that the Spaniards came to look for small vessells, wch. sometimes traded there among ye Bahama Islands, and that the Spaniards said to them, that they would not suffer the English to settle Providence any more, but be continually over with them to prevent their liveing on those Islands, for that they design'd to settle that country with Spaniards in a little time etc. Signed, Henry Wigington. Endorsed, Recd. Read March 31, 1708. 1 p. [C.O. 5, 1264. No. 32; and 5, 1292. pp. 36, 37.]
March 31.
1423. Governor Handasyd to the Council of Trade and Plantations. I am favoured with your Lops.' letter of Dec. 30 and duplicate of Oct. 30, 1707, etc. The Assembly have passed all Laws that were necessary, viz. an Act for providing an additionall subsistance to H.M. officers and soldiers; an Act for the maintainance of prisoners of war; an Act for the raising an additionall Duty and Impost; an Act for making good the deficient Funds of the last Assembly; an Act for confirming a sale made by Joseph Booth; and two private acts in relation to two Free Negroes; all which I enclose, with the Minutes of the Councill and Assembly, by which you will see what work there has been between them and me in getting these Laws passed. I send likewise a copy of an Act which they were preparing with my notes upon it, by which your Lops. will plainly see their design to entrench on H.M. Royall prerogative, and the great injustice they would have done to severall of H.M. subjects, if such a Law had passed, therefore I must desire your Lops.' opinion how I shall behave myselfe for the future in the like cases. Your Lops. will see in the Minutes of the Councill of Feb. 21, 22 and 23, the reasons I offered for the not passing that Bill, and when I found the Councill were for it, I desired the two following clauses might be inserted in it, viz. a clause to preserve H.M. Royal prerogative and a clause to impower the Receiver Generall to administer an oath to all such as pay their Quitt-Rents, to declare whether they have any more land in their possession, than they pay their [pay] Quitt-Rent for, either for themselves or other persons, both which I found the Councill very much aversed to, except Mr. Stewart and one more; they putt it off with quibbles, saying they would endeavour to perswade the Assembly to pass it in a Bill by itselfe, to which I answered I knew the Assembly better than that; and to be plain with your Lops. except some method be taken, I cannot foresee any end of their turbulent factious humours. The great disrespect that severall of them have shewn to H.M. letter in relation to the hardships put on the Regiment here, will appear by the enclosed copy of an affittdavitt; a great many other pernicious words were made use of on the same occasion, which I cannot so well make proof of, because the evidence recant, as that the Queen was going to dragoon them, and the like; and upon this I thought myselfe obliged to turn one Major and one Captain out of their military posts, not thinking the power safe in their hands: By their message of Feb. 27, they desired leave to adjourn for three months, for that the Queen's and Country's business was done, but that being only an excuse to continue them, and prevent severall merchants and others getting their just debts from them, I found myselfe obliged to let them know, that I should prorogue them for nine months, and soon after I received intelligence from the House that they designed immediatly to adjourn themselves for three months, which would have been such a great intrenchment on H.M. prerogative that I ordered the Provost Marshall to acquaint them that I commanded the Speaker and the whole House to attend me immediatly in the Councill Chamber, where after some debates between the Councill and me, before they came, I fully resolved to prorogue them for 48 hours, and then dissolve them, as your Lops. will see by the Minutes of the Councill of Feb. 27 was done. All which proceedings of mine I hope H.M. and your Lops. will approve of. I do not know what will be the event of matters here, a great part of our people being inclined to the Vennerean Faction, and cannot endure Kingly Government; and except there be a Chief Justice sent over here from Great Britain who is a man of learning, and will support the Laws of Great Britain, I do not see that anything in our Court will go right. Your Lops. I do not doubt will have an account from the Prize Office how matters were managed in the last grand Court in relation to one Brown, Agent for Prizes, who was 700l. or 800l. in the Queen's debt. Monsr. Du Cass with his squadron is at the Havanna, and has been there a considerable time; seven Galleons and as many Spanish merchant ships sailed from Carthagene to Porto Bell seven weeks ago. The Scarborough man of war brought in about 14 days ago two French prizes, one a homeward bound ship of 300 tonn laden with sugar etc., the other the Queen Anne packett-boat, which the French were fitting out for a privateer. Mr. Wager is out with all his squadron, except the Portland, which lyes in harbour for want of men: he has on board him all the force I can spare him, which is 170 men of my Regiment, and if he can lie without being discovered in the passage between Porto Bell and the Havana, I hope he will give a very good account of the Galleons, it being almost impossible for them to have any help from the French Squadron, they are so far to leeward and the currents sett so strong against them. Here are arrived by this packet boat 39 recruits, I wish all the rest were come safe. Mr. Jenkins, the Navall Officer, being dead, I have been obliged to put in a person to officiate in his place, till H.M. or your Lordships' pleasure is known, his name is William Norris, he is a very ingenious Gentleman, and has been bred to the Law, and I earnestly recommend him to your Lops. that such men may be encouraged here for the interest of the Crown of Great Britain, the imployment is not worth above 150l. per annum, Jamaica mony, but it is something for him to begin upon. My reason is, that these Creoles, who will not allow themselves to be called Englishmen, would have all the imployments in their own hands, that an Englishman may have no encouragement to come amongst them. I recommended to your Lops. some packetts ago for the Councill Col. Brodrick and Capt. Oldfield, but I hear Col. Lowe is soon expected over, so shall only remind your Lops. of Col. Brodrick in the room of Col. Sadler, he being a very usefull man for me in the Councill, I having but very few I can depend on; and I must request the favour of your Lops. that, as usuall, I may have the recommending of Gentlemen for the Councill, that I know are persons in H.M. interest, otherwise I shall have more hardships put upon me than at present, which I shall not be able to bear. I shall acquaint your Lops. of another matter that concerns our interest here, most of our old Councellors are either Factors for the Guinea Company, or else Judges of the Grand Court, by which means there can be no redress as to appeals. Two or three days ago one of our privateers brought in a French prize of about 150 tonn, laden with wine, brandy and dry goods. Signed, Tho. Handasyd. Endorsed, Recd. May 27, Read June 21, 1708. 5¾ pp. Enclosed,
1423. i. Deposition of W. Parker, Bricklayer. On Dec. 31, 1707, being in company with Thomas Powell, Edward Smith, John Chambers and Richard Nicholls, under a tree before Mr. Henry Barritt's house, saw Mr. Francis March and Capt. Whitgift Aylmer in the Beef Markett. March called deponent and told him there was to be an election on Saturday to choose an Assemblyman, and desired to know who he would vote for. Deponent said he would vote for Capt. Beckford, as before. Then March went, as he told deponent, to the Clerk of the Assembly to get a copy of the Queen's letter, that had been laid before the Assembly. Deponent went to Mr. Murray's shop to buy a few nails. March then desired him to go with him to Mr. Spencer's house, where he read him the said letter, saying that it had relation to the officers and soldiers, and their being made freeholders by their marrying in the country, that so they might be qualified to vote, and then it was thought by that means they might be made Justices of the Peace and Assemblymen, which if they were, then they would raise hard taxes upon the Island, and the Lord have mercy upon us here, and that Mr. Thomas Beckford was a man always for the country. March then told deponent to show the letter to the freeholders, which he did, etc. Signed, Wm. Parker. Endorsed as preceding. Copy. 1½ pp.
1423. ii. Governor Handasyd's objections to the following Act. Clause i. is designed to confirm several orders given by the Governor at the first taking this Island, upon which several persons hold their lands without ever having taken out patents, on purpose to conceal their QuittRents etc. Clause 5 will result in stripping all infants of their estates as soon as they come into guardianship etc. Endorsed as preceding. 1¼ pp.
1423. iii. Copy of an Act of Jamaica for preventing vexatious suits at Law. 4 pp. [C.O. 137, 8. Nos. 9, 9.i.–iii.; and (without enclosures) 138, 12. pp. 276–287.]