America and West Indies
February 1709

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Institute of Historical Research

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Cecil Headlam (editor)

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1922

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214-230

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'America and West Indies: February 1709', Calendar of State Papers Colonial, America and West Indies, Volume 24: 1708-1709 (1922), pp. 214-230. URL: http://www.british-history.ac.uk/report.aspx?compid=73795 Date accessed: 29 November 2014.


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Contents

February 1709

Feb. 1.
Jamaica.
339. Governor Handasyd to the Council of Trade and Plantations. I think myself obliged by this opportunity to acquaint your Lops. that the Assembly after sitting 4 weeks have made ready two Laws, one for the quieting possessions, the other the settling the ffees of the severall Offices of this Island. After many disputes for and against them, by the advice of the Councill and Attorney Generall, as your Lops. will see in the Minutes of the Councill of Jan. 29, which I shall send you by the first packett-boat or man-of-war, being very well assured the Assembly resolved to enter on no other business, till satisfaction was given them in relation to these two Bills, and most part of the objections that were to them before being removed, I have at last passed them which I hope will be approved of by H.M. and your Lops. I have not been backward to put the Assembly in mind how much they will be obliged to H.M., if she is pleased to give her royall assent to them, and therefore do assure myself they will enable the Treasury to pay its contingent charges for the support of the Government. The Quartering Act expiring was another motive of my passing these two Bills, and I hope it may be the means of the Assembly's making a better provision for the Officers and soldiers of H.M. Regiment here, as well as the Treasury. The enclosed paper will give your Lops. an account of what prizes have been taken and brought in here since my last, the value of them I am not acquainted with, but believe some of them were very considerable. Here are severall sloops and other vessells going to trade on the Spanish coast under convoy of two men of war. A French privateer sloop and periago lately landed on the north side of this Island, and took off 32 slaves, they likewise took 3 sloops from thence, 2 of which were loaden with ffurstick and piemento, but of no great value. The good news of the glorious success of H.M. fforces, under the comand of his Grace the Duke of Marlborough, we had the other day by a runner from Bristoll, which puts me and the Regiment under my command in hopes of being soon relieved. Mr. Wager designs very shortly to sail with all the fforce he can make to windward, to endeavour to intercept some merchant ships coming from Old France to Hispaniola under convoy of two men of warr, one of 70 guns, the other of 50, which are to cruize there some time, and then go down to the Havanna, where they are to bee joined by a ffleet from La Vera Cruz, which is very rich, to strengthen their convoy home. I have given instructions to all the privateers commissioned from hence to join with some Dutch privateers that lie to windward, if they can, and cruize between La Vera Cruz and the Havanna, in hopes to fall in with that fleet, which is now under a very weak convoy. I have been obliged to put on board Mr. Wager's squadron betwixt 200 and 300 men of H.M. Regiment, to help to man the ships, which makes the duty very hard on those left on the Island. I shall give your Lops. a more particular account of affairs here by the first packett boat that arrives, or man of war that sails from hence.
P.S. Since my concluding this letter here is arrived in the harbour of Port Royall a Gunea ship of 300 tonn retaken by H.M.S. Jersey from two French privateers, who took her off Cape Tiberoon in her way to this Island. Signed, Tho. Handasyd. Endorsed, Recd. 2nd, Read 4th April, 1709. 3 pp. Enclosed,
339. i. An account of prizes brought into Port Royal since Nov. 12, 1708=10. (4 French and 4 Spanish). Same endorsement. 1 p. [C.O. 137, 8. Nos. 33, 33. i.; and (without enclosure) 138, 12. pp. 377–380.]
Feb. 2.
Whitehall.
340. Council of Trade and Plantations to the Queen. Report upon the petition of the Bahama Merchants etc., Dec. 30, 1708. We have heard the petitioners, as also the Lords Proprietors by their Council. It did appear to us, at the said hearing, that these Islands have been wholly neglected; that no arms, ammunition or stores of war have been sent thither by the Lords Proprietors these 20 years past; tho' frequent applications have been made to them upon that account; that the side of the Fort next the sea, upon the Island of Providence (which was the only place of strength) has been demollished and still lyes unrepaired; that the guns that were in the Fort have been spiked up and thrown over the wall by the French and Spaniards, when they plundered the said Islands in 1703, as they have done 2 or 3 times since, insomuch the inhabitants have deserted to such a degree, that of 150 families formerly on the Island of Providence, there are now but 12 remaining, and those dispers'd. So that the Petitioners have fully proved the allegations of their petition. etc. Repeat argument for resuming the Islands to the Crown. See June 17, 1707. In the meantime, since the defenceless state of those Islands hath been thro the neglect of the Proprietors, we humbly offer that, to prevent their falling into the hands of the enemy, and for the better administration of the Civil and Military Government there in time of war, your Majesty be pleased to send over with your Royal Commission a Governor well experienced in Military affairs, and fitly qualify'd for such an employment, as was done in some other Propriety Governments during the late war; and which your Majesty may legally do in the present case, according to the opinion annexed. And we further humbly offer that your Majesty be pleased to send along with the said Governor at the least one compleat company of foot for the defence of the said Islands, and that such Governor be impowered and enabled by a suitable number of gunners, with a supply of warlike stores and other necessaries, to be sent from hence to repair the said Fort, and to put the said Islands in a good state of defence, as has allready been humbly proposed, May 24, 1706, June 17, 1707. [C.O. 5, 1292. pp. 92–95.]
Feb. 2.
Whitehall.
341. Council of Trade and Plantations to the Lords Proprietors of Carolina. Refer to letter of Dec. 9, 1708. It being some time since the Virginia Fleet arrived, we desire to know whether you have received any further account of the goods of the Virginia Indian traders seized in S. Carolina, etc. [C.O. 5, 1292. p. 96; and 5, 289. p. 153.]
Feb. 3.
Craven House.
342. Lords Proprietors of Carolina to the Council of Trade and Plantations. Reply to preceding. Since the arrivall of the Virginia Fleet, we hear that the Loyal Johnson from Carolina, on board of which our Secretary and Attorney General are, fell short in her voyage, and was left in Virginia, but we are dayly in expectation of her arrivall, etc. Signed, Craven, Pallatine; Beaufort, J. Colleton, J. Danson. Endorsed, Recd. 4th, Read 7th Feb., 1708/9. 1 p. [C.O. 5, 1264. No. 60; and 5, 1292. p. 98; and 5, 289. p. 153.]
Feb. 3.
Westminister.
343. Certificate of the Queen's Remembrancer's Office that Governor Tynt has given security in £2000 to observe the Acts of Trade. Signed, Hen. Stevens. Endorsed, Recd. Read Feb. 9, 1708/9. ¾ p. [C.O. 5, 1264. No. 61.]
Feb. 3.
St. James's.
344. Order of Queen in Council. Referring Representation upon the Bahamas, Feb. 2, to H.M. Attorney and Solicitor General, who are to report, with all convenient speed, what they conceive may be fit to be done thereupon. Endorsed, Recd. 9th, Read 15th Feb., 1708/9. 1 p. [C.O. 5, 1264. No. 62; and 5, 1292. pp. 132, 133.]
Feb. 4.
[15. N.S.] Platientia.
345. Major Lloyd to the Council of Trade and Plantations. The Garryson of St. Johns haveing been surprised on Dec. 21 last and carryed by the Enemy before ye soldiers could gett under armes, I take leave to acquaint you therewith by this which goes by the way of France, therefore cannot expect to say more then to pray your Lordshypps I may be demanded by ye commanding officer of St. Johns next summer according to ye Chartell formerly settled between ye commanding officers of both nations for exchange of prisoners in this Collony, in order to my being tryed there by a Court Martiall for ye justification of my behaviour relateing to ye misfortune that happen'd. Signed, Tho. Lloyd. Endorsed, Recd. 17th, Read 20th June, 1709. Holograph. 1 p. [C.O. 194, 4. No. 95; and 195, 5. p. 110.]
Feb. 4.
Whitehall.
346. Council of Trade and Plantations to the Earl of Sunderland. Enclose following for H.M. signature, at the first convenient oppertunity, the convoys bound with the trade for Virginia having orders to sail with the first fair wind after the 10th. Annexed,
346. i. Additional Instruction to Governor Hunter. Revoking Instruction about granting lands in Virginia, April 30, 1707. The method of granting lands is to be according to the Charter and Laws of Virginia, "due care being taken that in all such grants of lands hereafter to be made, regard be had to the profitable and unprofitable acres, and particularly that every pattentee be obliged in the best and most effectual manner to cultivate and improve 3 acres part of every 50 acres so granted within the term of 3 years after the passing of such grant. And in case of failure thereof, such grant or grants to be void and of none effect. [C.O. 5, 1362. pp. 350–355.]
Feb. 5.
African House.
347. Royal African Company to Mr. Popple. Ask for names of ships that have, since the passing the Act to settle the trade to Africa, imported negroes into Jamaica and Antegoa, and the number of such negroes imported by the separate traders into each of these Plantations. Signed, John Pery, Sec. Endorsed, Recd. 5th, Read 7th Feb., 1708/9. Addressed. ½ p. [C.O. 388, 11. No. 110; and 389, 20. p. 316.]
Feb. 8.
6 p.m.
348. James Campbell to Mr. Popple. I was this day to waite on you, but came too late, from thence I went to ye House of Lords to waite on my Lord Stamford, but missed of him. At my return to ye Citty, I just now received the favor of yours, and in answer send you the inclosed coppy of a letter I had last night by the Lisbon male from Newfoundland, etc. Signed, Ja. Campbell. Endorsed, Recd. Read Feb. 9, 1708/9. Holograph. Addressed. Sealed. 1 p. Enclosed,
348. i. H.E. to James Campbell. Harbargrave Island, Jan. 4, 1708. I writ you by Mr. Archey Cummings, who I hope is safe with you. I am now to informe you of the misfortun of the countrey since Mr. Cumming left this countrey. On Dec. 21 the French from Placentia to the number of 160 cam to the Fort of St. Jones, and ther with skaling ladders gott over the work without any resistance, only two small armes the sentry fir'd. Major Loyd then asleep in his bed, and after the French gott into the Fort, the inhabitants in the new Fort rose in armes, and would have taken the Fort again from the French, but the shouldiers could not gett the keyes out of the Major's house, but when the French cam he could find them, soe from some of those men that have made their escape to those respective Islands, Harbargrav and Carbanere Island the Fort was actually sold to the French, or els that number would never have taken it, they surrender'd the Castle next day, being never an officer in it to command it. Wee have petition'd the Queen to send us succors betimes in the spring, for I doe hope if we can have succors betimes in the spring, we shall be able to keep those Islands from the insults of the Ennimie. I hope you will doe what you can to the Government, or els we shall make noe voyages this yeire insuing, etc. Signed, H.E. Copy. 1 p. [C.O. 194, 4. Nos. 83, 83.i.; and 195, 5. pp. 79, 80.]
Feb. 8.349. Deposition of Capt. John Wentworth, Commander of the Lusitania, and Capts. Thomas Lemon and Isaac Goswill. Have used the trade to Barbados upwards of ten years, and have in time of peace as well as war been obliged to clere at the Secretary's Office, and take out a licence to saile, signed by ye Governor and attested by ye Secretary. The fee for the licence to ye Secretary hath never bine less then 3/9. Signed, J. Wentworth, Tho. Lemon, Is. Goswill. Endorsed, Recd. Read Feb. 14, 1708/9. ¾ p. [C.O. 28, 12. No. 5.]
Feb. 9.350. Copy of the Privy Seal for establishing the salaries of the Commissioners of Trade and Plantations, as appointed May 4, 1708:—£1000 per annum to Thomas, Earl of Stamford, William Lord Dartmouth, Sir Philip Meadows, John Pulteney, Robert Monckton, Sir Charles Turner, and in proportion to the day of his death, to the executors of Lord . . . . Herbert of Cherbury lately decd. £400 per annum to the four Clerks of the Privy Council for dispatch of orders and business relating to the Council of Trade; and £73 to be divided equally between the two Doorkeepers of the Council Chamber; £500 to Wm Popple, Secretary, and £650 to be divided amongst the under-officers, etc. Signed, John Tench, Deputy to Thomas Gosling. 7½ pp. [C.O. 388, 76. No. 50; and 389, 36. pp. 380–387.]
Feb. 10.351. Order of Committee of House of Commons (appointed to consider of methods for the more effectual execution of the Laws now in force for excluding from the House of Commons Officers and such as receive pensions during pleasure.) The Commissioners of Trade are to lay before the Committee on Tuesday an accompt of such pensions during pleasure as paid by them. etc. Signed, Tho. Onslow, Chairman. Endorsed, Recd. Read Feb. 11, 1708/9. ¾ p. [C.O. 388, 76. No. 48; and 389, 36. p. 377.]
Feb. 11.
Whitehall.
352. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M.
352. i. Council of Trade and Plantations to the Queen. Representation upon the complaints against Governor Crowe. Cf. Dec. 3, 1708. We have received his answer and the Minutes of Council Sept. 25, 1708, whereby it appears that he has suspended the Complainants from the Council, during your Majesty's pleasure, without assigning any other cause for his having so done, than that they delivered to him the said Articles of complaint, which he terms a false, libellous and scandalous paper. When the Complainants are prepared with their proofs, and the Governor to make his defence, as by your Majesty's Order (Dec. 30) is directed, and the complaint shall thereupon have been fully heard in such manner as your Majesty shall think fit to appoint, it will then appear whether the Governor has been guilty of what is laid to his charge; therefore we shall not presume now to offer anything to your Majesty in regard either to the truth or falsehood of the matters contained in the said complaint. But we thought it our duty so far to enter into the consideration of the complaint and answer, as to whether the complainants had thereby given just cause for such their suspension; and thereupon do find that, as the Complainants affirm the said articles of complaint were by them delivered to the Governor in a private and respectfull manner at his own house, no other person being present or privy thereunto, which method they say they took the better to prevent any heats or disorders in the Island on that account. As they took this method to acquaint the Governor with the complaint they intended to lay before your Majesty of his maleadministration, so have they taken care in the framing thereof not to make use of any scurrilous or indecent expression, which might give just offence. Nor does the complaint seem to be without ground, since the Governor in his answer does admit several of the facts, tho' not as the same are set forth in the complaint; however that will more fully appear, upon such further examination as your Majesty shall think fitt to direct. In the meantime, there does not appear to us any good reason for the Governour's having suspended the complainants from the Council. If they had laid this complaint before your Majesty without acquainting the Governour therewith, and upon it your Majesty had thought fit to have put the same into a method of examination, in that case we cannot imagine that the Governor wou'd have suspended them from the Council, while the complaint was under examination, and there seems to be less reason for his doing it in the present case, which differs only in their having given him a copy of the complaint in the manner before-mentioned, whereby he might be better prepared to make an early defence, and if inocent, be the sooner eased of the weight of so heavy an accusation. Tho' it be the undoubted duty of every Member of that your Majesty's Councill to pay all due and lawfull submission to the authority wherewith your Majesty has been pleased to intrust the Governour; yet if upon a complaint made to your Majesty by any of the Members of that Board (who in some cases have a concurrent power with the Governor and in others are assistants to him) the persons so complaining shall by reason thereof without any other cause be liable to suspension, we think that such proceeding will greatly tend to discourage all manner of complaint, how just or well grounded soever the same may be; and that thereby the Governor will be left without any sort of cheque in the administration of Government. Wherefore we do humbly propose that the suspension of the said Counsellors, William Sharpe, Alexander Walker and Samuel Beresford be taken off, and that they be restored to their respective places in that your Majesty's Council. [C.O. 29, 11. pp. 398, 410–415.]
Feb. 11.
Whitehall.
353. W. Popple to W. Lowndes. Encloses Gov. Parke's complaints as to illegal trade in the Leeward Islands, (Oct. 1, 1708) to be laid before the Lord High Treasurer. [C.O. 153, 10. p. 304.]
Feb. 11.
Whitehall.
354. Council of Trade and Plantations to Governor Dudley. In pursuance of Order in Council, Jan. 27, you are to take care that the stores of war ordered for New Hampshire be not issued, but as the necessary defence of the inhabitants shall require; and that you transmit to us and to the Board of Ordnance regular accounts of the expenditure and remain of all such stores, as by your Instructions and our letter of Aug. 4 last you are required to do. You are therefore to give the necessary directions both in New Hampshire and the Massachusets Bay that H.M. pleasure herein be punctually and duly complied with. [C.O 5, 913. p. 51.]
Feb. 12.
Whitehall.
355. Mr. Popple to Thomas Corbin. Encloses letters for Col. Jenings, to be forwarded by the convoy for Virginia, etc. [C.O. 5, 1362. p. 356.]
Feb. 13.
St. James's.
356. Order of Queen in Council. Messrs. Sharpe, Walker and Beresford are to be restored to their places in the Council of Barbados, etc. Warrant to be prepared accordingly. Cf. Feb. 11 and 19. Signed, John Povey. Endorsed, Recd. Feb. 25, Read March 2, 1708/9. 1½ pp. [C.O. 28, 12. No. 15; and 29, 11. pp. 424–426.]
Feb. 13.
Whitehall.
357. Mr. Popple to Mr. Burchett. Quotes Governor Handasyd (Oct. 27, 1708) as to need of sailors at Jamaica, for the Lord High Admiral's information. [C.O. 138, 12. p. 360.]
Feb. 14.
Customhouse, Lyme.
358. Thomas Jans to Mr. Popple. Encloses following. Signed, Tho. Jans. Endorsed, Recd. Read March 3, 1708/9. ¾p. Enclosed,
358. i. List of ships wch. sailed from Port Lyme Regis to the fishery at Newfoundland, Christmas 1707–1708, =1. Signed, Tho. Jans, Collector, Wm. Bennett. 1 p. [C.O. 194, 4. Nos. 88, 88. i.]
Feb. 14.
Whitehall.
359. Council of Trade and Plantations to the Earl of Sunderland. Representation on petition of Mary Bowden (April 22, 30th, and Nov. 12, 1708.). It appears by the report and affidavits transmitted from St. Kitts, that she could not show any title to the Plantation, nor that she had made any improvement thereon; that Governor Parke had paid her the full of what her negroes were appraised at; and that he was so far from hindring her from coming over to this Kingdom, that when (upon her endeavouring to come away) she was arrested for debt (which was the true reason of her being stopp'd) the Governor himself became her security, upon which she was discharged. And therefore we humbly represent, in concurrence with the oppinion of the Lieut. Governor and Councill of St. Christophers, that it does not appear the petitioner had any ground for complaint against Governor Parke, and that her allegations are not true. [C.O. 153, 10. pp. 305–307.]
Feb. 14.360. Deposition of J. Warters as to the rights of the Provost Marshal of Barbados. Similar to No. 362. Signed, J. Warters. Endorsed, Recd. Read. March 1, 1708/9. 1 p. [C.O. 28, 12. No. 14.]
Feb. 14.
Whitehall.
361. Council of Trade and Plantations to the Committee of the House of Commons (v. Feb. 10). No such pensions are paid, nor ever have been paid by us to any person whatsoever. [C.O. 389, 36. p. 378.]
Feb. 14.
London.
362. Deposition of Mr. Woodbridge, Judge of the Court of Admiralty, Barbados, till Sept., 1708, that George Hannay and James Hannay, Provost Marshal, and George Hays, Deputy Marshal, executed the office of Marshal of the Admiralty and received the profits thereof. Signed, Dudley Woodbridge. Endorsed, Recd. Read March 1, 1708/9. 1 p. [C.O. 28, 12. No. 11.]
Feb. 14.
London.
363. Deposition of Patrick Mein, formerly Judge of the Court of Admiralty, Barbados, to the same effect as preceding. Signed, Pat. Mein. Endorsed, Recd. Read March 1, 1708/9. 1 p. [C.O. 28, 12. No. 12.]
Feb. 15.364. Deposition of Tho. Foulerton and Wm. Heysham. George Hannay, as Provost Marshal, used himself or by Deputy, to levy executions upon the judgments obtained in all or most of the Courts of Common Law. Before his death the Judges of the respective Courts began to claim a right of appointing their own Marshal by vertue of an old obsolete law of the Island, but Mr. Hannay contested the matter and maintained his patent. Whilst the office of Provost Marshal General extended all over the Island it was better executed than it has been since. The offices of Marshal of the Assembly, Marshal for the Council and Court of Errors, Marshal of the Court of Admiralty, Serjeant at arms for the Court of Chancery, were always, dureing our residence in Barbados without interruption or dispute executed by Mr. Hannay and his deputies. Signed, Tho. Foulerton, Wm. Heysham. Endorsed, Recd. Read March 1, 1708/9. 2¾ pp. [C.O. 28, 12. No. 13.]
Feb. 15.365. Order of Committee of the House of Commons (See Feb. 10). The Commissioners of Trade are to lay before the Committee the establishment of their Office, and whether the persons therein named are interessed for themselves or in trust for any other person, and for whom. Signed, Tho. Onslow, Chairman. Endorsed, Recd. 15th, Read 18th Feb., 1708/9. ¾ p. [C.O. 388, 76. No. 49; and 389, 36. p. 379.]
Feb. 15.
New York.
366. Joshua Kocherthal to the Council of Trade and Plantations. Returns thanks for the favours of the Board to himself and the poor German Protestants. See C.S.P. 1706–8. Signed, Josua Kocherthal. Endorsed, Recd. Read Aug. 29, 1709. Addressed. Sealed. Latin. 1 p. [C.O. 5, 1049. No. 108.]
Feb. 15.
Whitehall.
367. Council of Trade and Plantations to Mr. Secretary Boyle. In obedience to H.M. commands (Aug. 4, 1708), we have examined the complaints from Antigua against Governor Parke, etc. March 9, 1707/8. As to what relates to the dissolving of the Assembly, we find by the Minutes of Councill in Assembly, March 1–5, 1707/8, that the Assembly did sit but three days, but that their dissolution was by advice of the Councill there in regard the Assembly did refuse or neglect to proceed upon the publick business of the Island, unless some unwarrantable priviledges by them claimed were first complyed with, not for addressing in behalf of the woman who complained of having soldiers put into her house. We find by the foresaid Minutes that Mrs. Cardro, or Hasings, the woman named in the Address, had no right or title to the said House, she having forfeited the land whereon it was built, by not complying with the directions of the Law of that Island, relating to the seating of lands; the said lands and house (if it can be called so, being but 8 foot square) were thereupon granted to another person, who likewise forfeited the same, and for the same reason; that one of the Lieutenants of the Regiment having complain'd to Col. Park that the Magazine [s] were so crouded that he feared they might get distempers, Col. Park ordered the said Lieutenant to put some of the said soldiers into that House, which he did accordingly. This is what the complaint calls sending of soldiers to take possession of a poor woman's house without law or reason. Having on this occasion perused the several Minutes of Councill, we find that the Governor has behaved himself with great zeal for H.M. service, as likewise with great care and diligence for the good and security of those Islands, which in justice to him we cannot but acquaint you with. Autograph signatures. 3 pp. Enclosed,
367. i. Minutes of Council of St. Christophers, Nov. 12, 1708. 2¾ pp.
367. ii.–iv. Extracts of letters from Antigua, March 9, 1708, St. Kitts, Nov. 13, 1708 and Governor Parke Nov. 14, 1708, referred to in preceding. Duplicates. 5 pp. [C.O. 152, 39. Nos. 118, 118. i.–iv.; and (without enclosures) 153, 10. pp. 308–310.]
Feb. 15.
Whitehall.
368. Council of Trade and Plantations to the Earl of Sunderland. Enclose draught of Instructions, relating to the Acts of Trade and Navigation, for the Lords Proprietors of Carolina, to be given to Major Tynte, appointed Governor, they being to the like effect as those given to them and all other Proprietors of Plantations on the like occasion. Annexed,
368. i. Instructions referred to in preceding. Cf. March 24. [C.O. 5, 1292. pp. 99–131.]
Feb. 18.
Whitehall.
369. Council of Trade and Plantations to the Queen. Representation upon the petition of A. Skene (Cf. July 8 and Sept. 20, 1708). Quote charges and defence (Cf. Journal of Council of Trade, Feb. 14). It appears to us, the said Skeen is not the first Secretary who hath taken such fees, the like having been received by his predecessors; however the compelling masters of ships to petition for liberty to sail, whereby they are put to the charge of having such petitions drawn, and the 5/s. paid for the Governor's Order upon every petition, over and above 3/9d. for every licence to sail are an imposition and burden upon trade, and therefore we humbly offer that your Majesty signify to the Governor your dislike thereof, and that for the future masters of ships may be put to no other charge for licence to sail than that of 3/9d., the ancient and accustomed fee: and that such signification of your Majesty's pleasure be entred in the Councill Books there, and that the same may be made publick. The second charge relates to Skeen's receiving £210 for procuring a fleet to be stopt in May, 1704. Upon the whole matter, tho we cannot but adhere to our former opinion that he has justly incurred your Majesty's displeasure in having been engaged in the several beforementioned practices, yet in regard that the aforesaid fees of 12/6 and 5/s. imposed upon trade were not first introduced and demanded by him, and that he has continued for more than three years past under a suspention from the execution and profit of his office of Secretary, that he has past the form of a tryal (tho' we cannot think the same so regular as it ought to have been) and in regard of the good character which has been given of him, we do humbly submitt it to your Majesty, whether he may not be a proper object of your Majesty's clemency and goodness in directing that his suspention be taken off, and he restored to the execution of his office; which if your Majesty shall be gratiously pleased to doe, we presume that the punishment he has already undergone will deter him from the like practices for the future. [C.O. 29, 11. pp. 403–409.]
Feb. 19.
St. James's.
370. The Queen to Governor Crowe. You are to restore Messrs. Sharpe, Walker and Beresford to their respective places in the Council, etc. Countersigned, Sunderland. 1 p. Endorsed, Recd. Read Feb. 23, 1708/9. 1 p. [C.O. 28, 12. No. 10; and 29, 11. pp. 419, 420.]
Feb. 19.
New London in Connecticut Colony.
371. Governor Saltonstall to the Council of Trade and Plantations. Upon the arrival of my Ld. Lovelace to his Govermt. I recd. from him yr. Lordships' letters of May 14 and July 13, 1708. etc. I immediately caused the 2 Acts of Parliament therein mentioned to be published, and shall use my utmost care yt. H.M. Instructions be very punctually observed. Signed, Gurdon Saltonstall. Endorsed, Recd. 9th June, Read 12th Dec., 1709. 1 p. [C.O. 5, 1264. No. 89; and 5, 1292. p. 186.]
Feb. 20.
Whitehall.
372. The Earl of Sunderland to the Council of Trade and Plantations. I desire to know whether you have any objection to the granting such a pass as is desired in enclosed, and what proviso's or restrictions you will think necessary to be inserted in a pass in this particular case. Signed, Sunderland. Endorsed, Recd. 25th, Read 28th Feb., 1708/9. 1 p. Enclosed,
372. i. Petition of Peter Diharce, of London, Merchant, in behalf of the owners of a Spanish ship Nuestra Senora de Begona, for a pass to proceed on a voyage from Spain to Newfoundland or New England, and to return to Spain with goods not contraband. Signed, P. Diharce. 1 p. [C.O. 388, 11. Nos. 115, 117; and 389, 20. pp. 323–325.]
Feb. 21.
Whitehall.
373. Council of Trade and Plantations to the Committee of the House of Commons. Reply to Feb. 15. Enclose Privy Seal (Feb. 9). We certify, each of us for himself, and not one for the other, that the respective salaries and every part thereof payable to us by the said Privy Seal are to our own proper use, and not in trust for any other person or persons whatsoever. Signed by the Commissioners, Secretary and Officers, Cf. Feb. 9. [C.O. 389, 36. pp. 387–389.]
Feb. 21.374. Samuel Barons to Governor Parke. Prays that H.M. Order, July 9, 1705, for the restitution of his ship, the America and cargo, condemned by Governor Codrington in 1700, may be put in execution. Case stated. Endorsed, Recd. Feb. 21, 1708/9. 3½ pp. [C.O. 152, 8. No. 11.]
Feb. 22.
Whitehall.
375. Council of Trade and Plantations to the Queen. Representation on Lord Cornbury's letter, Oct. 18, 1708. Foreign coins are by this Act of Assembly (of New York) raised to a higher rate than at which they are allowed to be current by the Act for ascertaining the rates of foreign coins etc.; and we take leave to instance in one particular, vizt., all Spanish coins of Mexico, Sevill and Pillar are not to pass at less than 8/the ounce Troy; whereas, according to the proportion settled by the foresaid Act of Parliament, the ounce Troy ought to be but 6/10¼. Upon this occasion, we cannot but observe that the Lord Cornbury, in giving his assent to this New York Law, has acted contrary to his Instructions, whereby he is required not to permit any Act of Assembly to pass for altering the price or value of the current coin within his Government without your Majesty's particular leave or direction for the same. Tho', in the forementioned Act of Parliament, there be a Clause (quoted) that this Act shall not restrain H.M. from regulating the rates of foreign coins in the Plantations by Proclamation, or from giving Her royal assent to any law hereafter to be made in any of the said Colonies or Plantations, for ascertaining the current rates of such coins, etc., yet the intent of the said Law was that there should be but one and the same value of the same species of foreign coins throughout all your Majestys Plantations in America. When your Majestys royal Proclamation for settling the rates of foreign coins was sent over to New York in 1704, the complaints then made by that Government were, that if the said Proclamation was duly put in execution at New York, that Province would suffer very much thereby, for that the neighbouring Provinces of the Massachusets Bay or Pennsylvania did not pay any obedience thereunto; and therefore the Lord Cornbury suspended the execution of the said Proclamation within his Government, but they did not then make any objection to the rates at which your Majesty was pleased to order the said coins to pass. We further humbly offer, that, should this New York Act be confirm'd by your Majesty, it may reasonably be presumed the other Plantations will also pass laws of the like nature, and thereby raise the value of such coins as they shall think most to their particular advantage; which method would entirely defeat the intent of the foresaid Act passed here the last Session of Parliament, and bring the Plantations under the same inconveniencies as formerly. We are humbly of opinion that your Majesty be pleased to signify your disallowance and disapprobation of the forementioned New York Act. [C.O. 5, 1121. pp. 359–362.]
Feb. 23.
Admiralty Office.
376. Mr. Burchett to Mr. Popple. I have received and communicated to my Lord High Admiral your letter. (Feb. 13). As my Lord High Admiral is very sorry for this great want of men for the ships in Jamaica, soe is his Lordship not a little surprized at it, since the Governor is pleased to say that the shipps are very healthy. However I am to observe to you that the late Act of Parliament, which restraines the Captains of H.M. shipps from impresting men, even in the greatest necessity, has undoubtedly put it out of their power of keeping their sd. ships soe well mann'd as otherwise they might have been, insomuch that both Rear Admiral Wager and Mr. Baker, who is now going to succeed him in the command of the squadron at Jamaica, have orders to send their ships home, when they find their men soe reduced, as that there are not more than a sufficient number to sayl them; but as it is to be hoped that the squadron now going will sett forward well mann'd, soe will they carry with them supernumerary men, the better to enable the ships to come home which are to convoy the Trade, etc. Signed, J. Burchett. Endorsed, Recd. Read Feb. 24, 1708/9. Addressed. 1¾ pp. [C.O. 137, 8. No. 30; and 138, 12. pp. 371, 372.]
Feb. 24.
Whitehall.
377. The Earl of Sunderland to Governor Parke. Acknowledges letter of Sept. 29. I am yet a stranger to any articles Mr. Nevin may have brought against you. Be they what they will, you need not doubt of justice and a fair hearing. Signed, Sunderland. [C.O. 5, 210. p. 132.]
Feb. 24.
Whitehall.
378. The Earl of Sunderland to Governor Handasyd. Acknowledges letters of Oct. 27, Nov. 23 and Dec. 4. H.M. has not yet come to any determination upon your request to be recalled, and that your Regiment may be releived. As soon as I know H.M. resolution in it, I shall not fail to send you an account by the first opportunity; in the mean time you may be assured of H.M. favourable acceptance of your service Signed, Sunderland. [C.O. 5, 210. p. 133.]
Feb. 24.
Whitehall.
379. Same to Governor Crowe. Acknowledges letters of Sept. 6 and 23, and Nov. 2. The charge against you is so heavy that H.M. could not but grant her letters to the Complainants for their being restored to their places in the Council of your Island, and for a fair and full examination of this matter, which I hope instead of doing you any prejudice will prove of service to you in giving you an opportunity fully to clear yourself, and then you need not doubt of H.M. justice and favour, and you may be assured of the good wishes of, Signed, Sunderland. [C.O. 5, 210. pp. 133, 134.]
Feb. 24.
Whitehall.
380. Council of Trade and Plantations to Governor Crowe. Acknowledge letter of Nov. 2. As to what you write in relation to the remissness of the Custom House Officers, and to the power they pretend to have from hence of disposing of all inferior places with regard to the Customes in Barbadoes, we have laid that matter before the Lord High Treasurer. However you ought to have transmitted the like accounts to the proper offices. We have had under consideration your answer to the complaints of Messrs. Sharpe, Walker and Beresford, as also the Minutes of Council to which you referr us for the reason of your suspending the said Counsellors; which do's not seem to us to be well grounded; for the presenting to you in the manner they did their paper of complaints, is not a sufficient reason for suspending them from the Councill, especially H.M. pleasure not being first known upon the complaints, nor you cleared of what they lay to your charge: wherefore we have thought it our duty to represent the same to H.M., who has thereupon been pleased to direct that they be restored etc. (Feb. 19). So that the Council as appears by our list (Mr. Timothy Salter and John Frere having been lately appointed by H.M., and Mr. Middleton Chamberlain being some time since gone over) will be full, and therefore Mr. Samuel Berwick and Mr. James Aynsworth are no longer to be continued. Upon this occasion we cannot but take notice that after you had received H.M. Order for swearing Major Pilgrim of the Councill, it was 51 days before you did it, which delay in obeying H.M. Orders you ought not to have been guilty of. Enclose H.M. letter, Jan. 22. We shall expect the public accts. you promise us, by the next conveyance. [C.O. 29, 11. pp. 421–423.]
Feb. 24.
Whitehall.
381. Council of Trade and Plantations to Governor Parke. Acknowledge letters of Oct. 1 and Nov. 3 and 13 and 14. The Address from St. Kitts transmitted Nov. 3 has been laid before H.M. As to what you write in relation to the Court Law, you wou'd have done well to have sent us the title thereof, the time when it was past, and whether the same be confirmed here or not, which wou'd have enabled us to have been more particular in our answer; therefore we shall expect in your next that you do give us an answer to these particulars, to the end we may lay yt. matter before H.M., if it shall be found necessary for her pleasure therein. We cannot but conour with you, that it will tend very much to the advantage of the Island, that persons be oblig'd to pay the debts they have already, or may hereafter contract there, and we are sorry to find the inhabitants refuse to do it, and are therefore of opinion that you do use your best endeavours with the Assembly as well in that Island as in the other three under your Government, to get a Law past to oblige all persons to pay their just debts; this we take to be the readiest way to prevent fraud and oppression, and what we conceive will turn to the good of trade and generall benefit of those Islands. We must again repeat what we have severall times writt to you, that whilst you continue to act for H.M. service and the welfare of the said Islands, the resentmts. of those persons concerned in illegal trade and dissatisfied with you for doing your duty shall make no impressions upon us to your prejudice. On the contrary, we do assure you, that when Mr. Nevin, whom we have not yet seen, shall lay the complaints you mention he is to make against you before us, our opinion will be that the said complaints be transmitted to you for your answer before any determination be had thereupon. What you have writ touching illegal trade, has been laid before the Lord High Treasurer. We have laid before H.M. your answer to Mrs. Bowden's complaints as likewise to those from Antigua, with our opinion, that you have fully cleared yourself thereof, We have not received the accounts of stores of war in each of the Islands, which you mention to have sent, Nov. 13, therefore you will do well to transmit the same by the next conveyance, as well to us as to the Board of Ordnance; and henceforth yearly accounts of the receipts, expence and remains of stores of war within your Government or oftener, as oppertunity shall offer, etc., as you are required, July 25, 1708 etc. Mr. Samuel Barons owner of the America illegally condemned in 1700 by Col. Codrington, has acquainted us that finding his business has hitherto been delayed through the neglect of his former Agent, Col. Thomas, he intends for the future to employ Mr. Edward William and Samuel Byam as his Attorneys for the prosecution of that matter; and has thereupon desired us to recommend it to you to use your interest with those gentlemen to engage them in that undertaking, and protection in the management thereof, which request of his being founded upon Justice, and consonant to H.M. former directions given in his behalf, we do therefore recommend the doing thereof to your care. [C.O. 153, 10. pp. 311–314.]
Feb. 24.
Whitehall.
382. Council of Trade and Plantations to Governor Handasyd. Acknowledge letters of Oct. 27, Nov. 23, and Dec. 4, 1708. As to the contract made between the French King and the Duke of Anjou for transporting goods from France etc. to the West Indies, we have not yet had time to consider the same fully as it ought to be, but we shall do it at the first convenient oppertunity, and if thereupon anything occur to us that may be of use to you for your future directions in this matter, we shall communicate it to you. The practice of privateers selling or burning their prizes as you mention in the first of your foresaid letters, may be of ill consequance, but having writ fully to you upon the subject of privateers Aug. 23, 1708, we refer you thereto, and only recomend to you that the directions in that letter be observed as much as possible, in that case we have reason to hope that the trade with the Spanish West Indies will increase and flourish again. We have laid before my Lord High Admiral what you write in relation to the want of seamen for the ships of war. Wee see no reason why the Councellors who are Agents for the African Company should think themselvs not to be within the meaning of the Act for settling the trade to Africa, it appearing very plainly to us that they are within the intent and meaning of that Act, in regard that they are Judges upon Writs of Error and Appeals in Equity, and therefore if they do persist in the said Agency, notwithstanding what we writ you June 25, 1708, and now write, you are to send over to us a list of their names, that H.M. pleasure may be known therein. We are sorry to perceive by your letter that you apprehend the Assembly will be averse to the quartering of the Officers of the Regiment at Jamaica, since H.M. is at the expence of keeping a Regiment in that Island for their security, we think that the least return they can make is to give quarters to the said Officers and soldiers. You will do well therefore to use your utmost endeavours in this matter. As to what you write about the Spanish brigantine, taken at sea by the Commander of the Kingston gally without any commission, we shall consider of that matter, and by the next oppertunity you may expect to hear further from us about it. You say that you were not pleased with the arrival of a flag of truce from St. Iago, we wish you had explained yourself a little further, for we do not see if due care be taken, and that the flag of truce come only for the exchange of prisoners, what the inconvenience can be. We observe that there was 28 Spanish prisoners exchanged for 12 Brittish, we presume that was done in order to have a proportionable number of our men return'd when they fall into the hands of the Spaniards, however we desire you to explain this in your next. We have not heard of any design the French have upon the Island of Jamaica, but in case they should make any attempt, we do not doubt of your zeal and care to defend the same. As to your desire of having your Regiment and yourself releived, that matter is now before H.M., whose pleasure therein will be communicated to you from the Earl of Sunderland. We are glad to perceive the Island is at present healthy, we shall expect the account of stores of war you promise. As to the laying of embargoes, that is a matter you ought to be tender in, least it prove an obstruction to trade. But however when there is an absolute necessity and when it is for so short a time as what you mention, we have no objection to it.
P.S. Since our writing what is above we have received a letter from Mr. Burchet, a copy whereof is here inclosed. [C.O. 138, 12. pp. 367–370.]
Feb. 25.
Whitehall.
383. W. Popple to Sir John Cook. Refers to capture of a Spanish brigantine by the Kingston galley without a commission. See Governor Handasyd, Dec. 4, 1708. The Council of Trade and Plantations desire your opinion whether, the aforementioned brigantine having upon her arrival at Jamaica been seized by the Naval Officer in port, the cognizance thereof does lye in the Court of Admiralty there, or in what other Court the same may be tryed. [C.O. 138, 12. pp. 372, 373.]
Feb. 26.
St. James's.
384. H.M. Additional Instruction to Governor Hunter, relating to the method of granting lands in Virginia, as Feb. 4 and A.P.C. II. p. 588. [C.O. 5, 210. pp. 137–139.]
Feb. 26.
St. James's.
385. H.M. Additional Instruction to Governor Handasyd, for the more strict observance of his Instructions relating to escheats as June 15, 26 and A.P.C. II., No. 1059. [C.O. 5, 210, pp. 135, 136.]
Feb. 27.
St. James's.
386. Order of Queen in Council. A copy of enclosed petition by Norman Mackaskell to the Queen, complaining that Governor Crowe had committed him to gaol for refusing to answer all such questions as should be demanded of him concerning the proceedings of the late Court of Grand Sessions (see June 18, '09, No. xlvi.), and praying for relief therein, is to be sent to the Governor and Council of Barbados, who are to return to H.M. in Council a true state of the matter and answer to petitioner's complaints. Endorsed, Recd. 16, Read 17 Nov., 1709 1¼ pp. Enclosed,
386. i. Certificate that the above Order has not been read att the Council, since it was presented to the Governor. Aug. 31, 1709. Signed, A. Skene. Endorsed, Recd Read Nov. 23, 1709. 1 p.
386 ii. Deposition of Norman Mackasgell, Deputy Clerk of the Crown, Barbados. Duplicate of June 18 No. xlvi.
386. iii. Deposition of Giles Cooke, Clerk to Mackasgell. Corroborates preceding. Signed, Giles Cooke. Endorsed, Recd. Read Nov. 23, 1709. 1½ pp. [C.O. 28, 12. Nos. 48, 48.i.–iii.; and (without enclosures) 29, 12. p. 52.]