America and West Indies
November 1709, 1-15

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Institute of Historical Research

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Cecil Headlam (editor)

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1922

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503-522

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'America and West Indies: November 1709, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 24: 1708-1709 (1922), pp. 503-522. URL: http://www.british-history.ac.uk/report.aspx?compid=73810 Date accessed: 18 September 2014.


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November 1709, 1-15

Nov. 1.
Whitehall.
820. Council of Trade and Plantations to Governor Seymour. Enclose Order, Oct. 24, repealing Act for relief of poor debtors. We also send you the reasons for the repeal of the said Act (Oct. 18), that you may avoid passing the like for the future. Enclose letter to be forwarded to the President of the Council of New Jersey. [C.O. 5, 727. pp. 139, 140.]
Nov. 1.
Whitehall.
821. Council of Trade and Plantations to the President of the Council of New Jersey. Enclose Order, Oct. 24, repealing Act for regulating negroes, etc., by reason the punishment inflicted on negroes etc. is such as never was allowed or known in the Laws of this Kingdom. [C.O. 5, 995. p. 24.]
Nov. 1.
Whitehall.
822. Council of Trade and Plantations to the Lord High Treasurer. Having been in treaty with the Earl of Carbury for his lands [see Oct. 18] lying in the parish of St. George, in Jamaica, his Lordship is ready to surrender to H.M. in fee such land as he has within those limits being by estimation about 1,000 acres, upon condition that the said 1,000 acres, as likewise the rest of his lands consisting of about 8,000 acres lying in the parish of St. Mary's at a very considerable distance from the limits aforesaid, may be discharged from all arrears of quit rent to the time that such surrender shall be made. Wherefore if H.M. shall be pleased to approve thereof, we desire your Lordship will enable us to acquaint the Lord Carbury therewith, as soon as conveniently may be, in order to the dispatch of our Report to H.M. [C.O. 138, 12. p. 495.]
Nov. 2.
Treasury Chambers.
823. Wm. Lowndes to Mr. Popple. My Lord Treasurer is inclinable, on H.M. behalf, to approve of Lord Carberry's proposition (Nov. 1), and in order thereunto he has directed Mr. Blathwayt, H.M. Auditor for the Plantations, to lay before him a state of the arrears owing from the Earl of Carberry upon the quit rents issuing out of the said lands, and what the value of the lands proposed to be surrendred by the said Earl may reasonably be computed at. Signed, Wm. Lowndes. Endorsed, Recd. Read Nov. 3, 1709. Addressed. 1 p. [C.O. 137, 8. No. 59; and 138, 12. p. 497.]
Nov. 2.
Whitehall.
824. Mr. Popple to Mr. Blathwayt. Requests reply to letter, Oct. 27. The proposal for settling the poor Palatines at Jamaica is obstructed for want of the account desired. [C.O. 138, 12. p. 496.]
Nov. 2.
Whitehall.
825. Mr. Popple to Mr. Attorney General. Encloses an Act of Barbados (1708) for holding a Court of Grand Sessions, etc., for his opinion in point of Law, etc. [C.O. 29, 12. p. 38.]
Nov. 3.
Whitehall.
826. Mr. Popple to the Earl of Carbury. Mr. Pulteney having acquainted the Council of Trade and Plantations that your Lordship is willing to surrender to H.M. in fee all your Lordships lands lying in the parish of St. George in Jamaica, and comprized in a deed of conveyance from Nicholas Smith to your Lordship, which deed, together with a survey of those lands, Mr. Pulteney has delivered to the Board from your Lordship: they did give my Lord Treasurer an account thereof, who has signifyed that he is inclinable on H.M. behalf to approve of the said proposition. Your Lordship will please to signify to the Board, in such manner, that the same may be transmitted to the Governor of Jamaica, that you do consent, the said lands may be cleared by H.M. for the use of the poor Palatines, and your Lordship will be pleased to do it with all convenient speed, this matter not admitting of any delay. [C.O. 138, 12. pp. 498, 499.]
Nov. 3.
Whitehall.
827. Wm. Blathwayt to Mr. Popple. Reply to Oct. 27 and Nov. 2. Explains delay by his absence etc. Mr. Compere, Receiver Generall of Jamaica, could give me no light, but only undertook to procure from his Deputy in Jamaica as soon as possible a particular answer. In reference to my part therein, encloses accompt, to which I might have been able to have added a further information, if I had not been disappointed by the death of the Deputy Auditor there, about 3 months past, etc. There are in Jamaica more than 6 millions of acres of profitable land, of which above one half remain unpossess'd or unpatented, so that the Island might with due prevision and assistance receive with great advantage the whole number of poor Palatines. The tract referred to is at least 1/12 part of the whole Island, and consequently capable of receiving a considerable number of these Palatines, tho' it may be observed that the North Eastermost part of this tract be most exposed to pirates and the invasion of the French and Spaniards from the neighbourhood. As to the Quit-rents reserv'd to the Crown, the lands granted by Sir Tho. Modyford pay 2/6 per 100 acres, by Sir Tho. Lynch ½d. per acre, by Lord Vaughan 1d. per acre, and by some of the succeeding Governors three halfpence or 2d. per acre. Signed, Wm. Blathwayt. Endorsed, Recd. 5th, Read 7th Nov. 1709. 1¾ pp. Enclosed,
827. i. Accompt of H.M. Quit-rents, Jamaica, Sept. 29, 1706–1707. Total, £2174. 9.1. Signed, Charles Chaplin. 2 pp. [C.O. 137, 8. Nos. 60, 60.i.; and (without enclosure) 138, 13. pp. 1–3.]
Nov. 3.
Craven House.
828. Lords Proprietors of Carolina to Edward Moseley and John Lawson, Surveyor General of N. Carolina. The better to enable you to put in execution your Commission (Oct. 29) we thought it proper to inform you that the Lords' Proprietors' Charter, Charles II., is the only legall evidence they can make use of to assert their bounds with the Governor of Virginia. We have therefore sent you herewith a true printed copy, etc. Signed, Craven Palatin, Beaufort, M. Ashley, J. Colleton, J. Danson [C.O. 5, 289. p. 234.]
Nov. 3.
Craven House.
829. Same to Governor Tynte, and Col. Thomas Broughton, Surveyor General of S. Carolina. Warrant to set out 100 acres of land to all such poor Palatines that shall land there, free from any quit-rent for 10 years, after which they are to pay 1d. yearly per acre. Signed as preceding. [C.O. 5, 289. p. 235.]
Nov. 4.
Whitehall.
830. Mr. Attorney General to the Council of Trade and Plantations. I have no objections to the Act of Barbados for holding a Court of Grand Sessions etc. (Nov. 2). Signed, Ja. Mountague. Endorsed, Recd. 5th, Read 10th Nov. 1709. 1 p. [C.O. 28, 12. No. 46; and 29, 12. p. 47.]
Nov. 4.
Admiralty Office.
831. Mr. Burchett to Mr. Popple. Encloses following and two Bills of Exchange signed Peter Holt, to be laid before the Council of Trade and Plantations. Signed, J. Burchett. Endorsed, Recd. 5th, Read 8th Nov. 1709. 1 p. Enclosed,
831. i. E.B. to the Earl of Pembroke, Lord High Admiral. On the 29th Oct. goeing over Tower Hill, I chanced to take up the enclosed, etc. Signed, E.B. Addressed. 1 p.
831. ii. Peter Holt to Capt. William Billton, upon the CamperHoofe in Amsterdam. London, Oct. 26, 1709. Encloses two bills "for the rest of the men," with directions for transmitting the money to the sender. As to the brigintine, if you'll take my advice, lett hir alone, for I shall never ingadge myselfe with hir againe. She is 20 year old, and could she be bought for little who will goe swair that she belongs all to Englishmen, I shall not. etc. Have made some inquiery whether anything can be recovered from Capt. Stone or his security for the damage he did me in the Bay of Hundoras, but I am afraid their will not. I am sorry Mr. Handes should be so great a sufferer, he being the only friend an Englishman can find in Curacao, and without dout its £500 sterl. out of my owners pocket. If such men have Commissions given them, in a little time thear will be no going to the West Indies. The Governor of Carolina had but little to say for himselfe when I tould him Capt. Stone shewed me his Commission. When the Governor gave Stone a Commission, he knew him to have don that which is by all men called piracy, and since he robed me in the Bay, Stone met with a briganteen that was a prise belonging to a Jemeca privateer, and tooke hir from theyr men that was carrying hir home, and carryed hir to Carolina and had liberty to condemn and sell the same. As for Curacao, if it was sunk under water, it woud be beter for England by 5 or £600,000 in one year, thear is not a marcht. in England that trades to ye West Indies but what is, has been and will be the worse for that Island. You may think what I now say is a little straing, but no more strange then new, and the Island of St. Thomases to help us this war has been with Curacao more dammage then Martineco. And our owne Plantations are cheefly in the fuilt. You say you think it might be a good thing to goe with provision from Ireland. I cannot think it can. If 6 or 800 barills of beefe comes in at a time, ye Jews blowe upon it, etc. I have seene so much hard dealing by Englishmen thear, that my bely is full of Curacao. etc. etc. Signed, Peter Holt. 2 pp. [C.O. 323, 6. Nos. 90, 90.i.,ii.; and (without enclosures) 324, 9. p. 414.]
Nov. 8.
Treasury Chambers.
832. Mr. Lowndes to Mr. Popple. Encloses following. Signed, Wm. Lowndes. Endorsed, Recd. Read Nov. 8, 1709. Addresseâ. 1 p. Enclosed,
832. i. Mr. Blathwayt to Mr. Lowndes. Cf. Nov. 2. The 1000 acres Lord Carberry proposes to surrender in Jamaica pay a quit rent of 1d. per acre per annum. How much the arrears thereof do amount unto does not appear by the last return. I conceive these lands, as unsettled, may be worth at present about £400 sterl. Whitehall, Nov. 3, 1709. Signed, William Blathwayt. 1¾ pp.
832. ii. Duplicate of No. 827. 1. [C.O. 137, 8. Nos. 61, 62, 62.i.; and 138, 13. pp. 4–9.]
Nov. 8.
St. John's, Newfoundland.
833. Mr. Collins, Commander in Chief at Newfoundland, to Col. Nicholson. Being ordered by the Commander in Chief of Newfoundland to command in said place untill further orders from H.M., and being perfectly acquainted with the poverty of the people, by reason of the many insults made against them by the French from Placentia, and more especially since the scandallous loss of said place last winter, I think it my duty to acquaint your Honour, that there is in the Garrison, (which as well as we cou'd we have re-built) 9 pieces of cannon, 20 barrils gunpowder and 100 small arms, with which we shall to the utmost of our power defend H.M. said garrison etc. There is within said garrison 470 persons, including women and children, which for want of provisions, are like to be miserable, without H.M. early relieves us, there being amongst us, at this time, but 30,000 of bread and flour, which will scarce last 3 months at a short allowance; pork, beef and all other provisions being wanted in the same manner; so that, unless H.M. out of her Royal Bounty, do's give us an early and seasonable relief, we must all of us unavoidably become slaves to the French, or perish with famin; all which, as being in the place yourself, you find too apparent; etc. Prays him to solicite H.M. assistance in their behalf. Signed, John Collins. Endorsed, Recd. Read Jan. 27, 170 9/10. Copy. 1 p. [C.O. 194, 4. No. 105.]
Nov. 9.
Whitehall.
834. Council of Trade and Plantations to the Queen. Representation upon an Act of Jamaica for the further quieting of possessions. By this Act it is declared that all possessors of lands, houses, negroes etc., by virtue of any deed or conveyance whatsoever, who have been in peaceable possession for 5 years before this Act, or shall continue in such possession from the first possessing such lands for the space of 5 years, shall injoy such estate and hold the same in fee against all persons whatsoever. This term of 5 years we are humbly of opinion is too short to barr the titles of persons who are Proprietors of lands in Jamaica, many of which Proprietors may be resident in some of your Majesty's Dominions in Europe, or in some other of your Majesty's Plantations, and may not have timely notice of the loss of their possession, besides that your Majesty's claim to any lands ought by no means to be barr'd by so short a space as 5 years, the term of 7 years in our humble opinion is little enough to be allowed in this case, and was the time limmitted by a former Act of yt. Island. The Act further allows to infants, women under coverture, and to persons of non sane memory but three years after their being of age, the death of their immediate husbands, or their becoming of sound mind and memory, to commence their actions respectively for such estates as they may lay claim to. This we think a hardship, five years having been thought little enough here in such cases. It is further enacted that all bills, bonds, mortgages, judgements and all other writings obligatory whatsoever that have not been legally demanded within 20 years since the dates thereof, and shall not be legally demanded within 12 months from the passing of this Act, shall become null and void. Upon this we take leave to observe that where interest is constantly paid, there may be no occasion to make a demand of the principal; and therefore it seems unreasonable to make void all debts not demanded in 20 years, besides that it may be very inconvenient to compell persons to demand their debts within the space of 12 months. All lands, tenements, negroes etc. convey'd by bills of sale, deeds or other conveyancies whatsoever, for valuable considerations, are by this Act declared to have pass'd and to be conveyed by the said bills of sale, deeds etc. as fully to all intents and purposes, as any real estate might or could pass in this Kingdom, by fine and recovery in your Majesty's Court of Common Pleas. Upon this we humbly observe that to make bargains and sales and other conveyances not of record to be of equal force with fines and recoveries may be of ill consequence to subseqt. purchasers, who may not be privy to or cognosant of such secret conveyances; and we find that by a former Law made there, for prevention of Law suites, such bills of sale and conveyances were to be acknowledged before the judge of some Court of Record, and duly recorded there. There is a proviso in this Act, which declares that nothing therein contained shall disannull or make void any rents or services reserved to your Majesty. Yet should this Law be confirmed, the possession of the several grantees from the Crown wou'd be quieted, and their titles confirmed, notwithstanding any forfeiture they may have incurr'd, by reason of the nonperformance of covenants contained in their respective grants. Propose that the Law be repealed and that H.M. royal pleasure be signifyed to the Governor that, if a Law for this purpose shall be pass'd there, not lyable to any of these or other just objections, H.M. will be graciously inclined to approve of such Act. [C.O. 138, 13. pp. 10–14.]
Nov. 9.
Whitehall.
835. Council of Trade and Plantations to the Earl of Sunderland. Enclose following. We asked Mr. Whitchurch and Mr. Jones whether they were willing to make an agreement with H.M. in order to the providing for the poor Palatines, but they declined to do it. Annexed,
835. i. Council of Trade and Plantations to the Queen. Recapitulate their negotiations with Mr. Whitchurch, Mr. Jones, Sir Robert Cotton, Lord Carberry and Mr. Compeer, for settlement of Palatines in Jamaica. Propose that 1000 Palatines be transported at H.M. charge to Lynch Island, there to continue till they shall be settled in Jamaica, and that the harbour of St. Antonio be made a Port of Entry, and that a small Fort be built there for its security. The most commodious place for their settlement in Jamaica is between the N.E. of Rio Grande and the S.E. of Point Morante, where a sufficient number of acres may be granted under the Seale of the Island to them and their heirs for ever, not exceeding 5 acres per head for every person in each family, which proportion of acres we conceive may, when cultivated yeild a reasonable maintenance for them, by ye produce of ginger, cotton, indigo, annotto, rice and other commodities. As for sugar, the produce thereof is a work of time and great expence, yet they may fall into it as they grow able to purchase negros and cattle; such a settlement, especially if there be a small fort built on Linch Island will effectually secure the south as well as north side of Jamaica, from any attempt of an enemy, and when these people are well settled in planting, they will soon reimburse your Majesty and this Kingdom, as well by their consumption of Brittish manufactures, as by the duties arising on their produce, which after 8 or 10 years may be a considerable increase of the Customes, besides the benefit to Navigation. Although the greatest part of the land within the limmits aforementioned is already granted by letters patents to others, who have held the same for 20 or 30 years past without making the least step towards settling it, and as we have reason to beleive, seldome if ever paid the quitrent, to the great injury and loss of the publick and of your Majesty's Revenue there, and without any benefit to themselves; yet Col. Lloyd, Col. Long and Mr. Broughton, who have good estates there, make no doubt if the Palatines were sent to Jamaica, but without having recourse to any other method for revesting these lands in the Crown, the present owners will, for so great a good, freely surrender to your Majesty 2/3rds or ¾ths of their said lands. But if the lands which shall be voluntarily surrendered by the Proprietors (Lord Carberry etc.) shall not be sufficient for this intended settlement, we humbly represent that there are in Jamaica some millions of acres of proffitable land, of which more than one half remain unpossessed or unpatented, and therefore in such case we humbly offer that the Governor and Councill be directed to seat the said Palatines on the said unpatented lands in the severall parishes (though this will not be so advantagious as the seating them near Port St. Antonio) and according to the information we have had the inhabitants will help them to make their settlements, as 'tis their interest so to do, they being sensible how much they want numbers of white people in those parts.
On this occasion we take leave to observe that by a Law of Jamaica, 1682, every master of slaves, for ye first 5 working slaves, is obliged to keep one white man-servant, overseer or hired man for 3 months at the least; for 10 slaves two whites, and for every 10 slaves over and above the said number one white to be resident on the Plantation where the negroes are employed, on penalty of £5 for every servant that shall be wanting, which Law being not complyed with by many of the said masters, such of them as are deficient in their respective proportions of white men, are compelled to quarter a soldier belonging to the regular forces, for every white man he wants of his quota, or else to allow to every such soldier 5/s. per week. Wherefore we humbly offer, whether as a temporary provision for these Palatines, or for a good number of them, till they shall be otherways settled, in case they are not settled near Port St. Antonio, according to the first part of our proposal, it may not be proper to recommend it to the Governor, Councill and Assembly to subsist them on such deficiencies whereon soldiers are not already charged. And whereas great tracts of lands have been granted to persons who have neglected to seat or plant the same (as already mentioned) to the great prejudice of that Island, for the prevention of the like mischeif for the future it will be necessary that in every grant hereafter to be made to the said Palatines or to any other persons, there be an express proviso that the lands so granted shall be seated and planted within a reasonable time to be therein prefix'd, or on failure thereof, such grant to be void, and the lands to revert to the Crown. And we further humbly offer that, in every such grant to the said Palatines there be a clause exempting them from the payment of any quit-rents for a reasonable number of years from the date of each respective grant. If your Majesty shall approve of what we have herein humbly offered, it will be requisite that these poor people before they begin their voyage, be supplyed with convenient cloathing, bedding, tools, armes, provisions, etc. In regard these poor people will not be able to maintain themselvs wholly out of the produce of their labour till about 12 months after the clearing and planting the ground, it is proposed that they be subsisted with bread for one year, and with other provisions for 6 months, according to the annexed paper, which we hope may be sufficient, for that there are potatoes, peas, and several other sorts of pulse, that will be ready for their food in a less time, besides that there is plenty of fish on the coast, and wild hogs etc. in the woods. If these Palatines shall be settled near Port St. Antonio, which we look upon as the most advantagious place being so scituated, that the windward passage from thence to Great Britain may be made at any time of ye year, and consequently the trade from thence very much facilitated and increased, and therefore most proper for a settlement, we offer that they be encouraged to settle in partnership, that is, three or four families in one Plantation, whereby some may hunt, fish or fowl, while others clear and plant the land. While they are on Lynch Island, the Channell is so narrow and the passage so short to the Island of Jamaica, that they may easily and frequently cross over and help to clear the land, on which as it is cleared, they may by degrees seat themselvs. And for their further encouragement thereto, we humbly offer that the Governor of Jamaica be directed upon their arrival to grant them letters of naturalization without fee or reward, and that they may enjoy all such priviledges and advantages as are enjoyed by the present inhabitants of that Island. In this manner we hope these poor people, or a considerable number of them, may be disposed of, and settled to the benefit not only of Jamaica, but of the trade of this Kingdom, the persons themselvs gain a comfortable livelyhood by their industry, your Majesty eased of the great charge you are now at in the subsisting of them, and reap a considerable advantage by the increase of the Customes. Refer contracts for transportation to the proper officers. Lastly we humbly offer that your Royal pleasure be signifyed to the Governor and Councill of Jamaica that they cause Lynch Island to be forthwith cleared and hutts built for the reception of these Palatines upon their first landing, the clearing of the whole Island being convenient for the preserving the health of those who shall be settled there, and the charge thereof will not exceed the rate of £3 per acre for clearing the ground, which (the Island consisting of about 80 acres) will not amount to above £240; nor can the building of a sufficient number of hutts, where there is wood and timber plentifull, add much to the expence, and that the Governor and Councill be directed to recommend it in ye most effectual manner they can to the Assembly, that provision be made by a law for the settlement of these poor people on the main Island, in the manner hereby proposed, a copy of which proposal may be transmitted to the said Governor and Councill for that purpose, to which we have reason to beleive the Assembly will agree, on account of the great benefit the Island will receive, as well in regard to their security against an enemy as to the advancement of their trade; But if the Assembly shall not be prevailed upon to undertake this service, to the end the same may not be disapptd., we humbly propose that the Governor and Councill be ordered to make such provision for their settlement at your Majesties expence. Annexed,
835. i. List of stores and ordinance to be sent with the Palatines. [C.O. 138, 13. pp. 15–30.]
Nov. 9.
Whitehall.
836. Council of Trade and Plantations to the Queen. Representation upon petition of Lt. Gov. Hamilton, Sept. 16. q.v. We have been attended by several planters and considerable merchants trading to the Leeward Islands, who have produced to us ample certificates of his affection to your Majesty's Government, of his having distinguish'd himself by his courage and good conduct in several considerable posts both civill and military, and of his being generally in good esteem of the inhabitants. Finding therefore that there are presidents of what he desires (vizt. Col. Thomas Hill and Col. Edward Fox were constituted Lt. General by King William) and that this is only an honorary title which will be no addition of charge to your Majesty, for during the presence of a Capt. General, Hamilton will receive no other salary than what he now does as Lt. Governor of Nevis, and in case of the death or absence of the Captain General, he will have the command of all the said Islands, and receive a moiety of the salary and the perquisits, which is no more than he will now do, as he is Lt. Governor of Nevis, we have nothing to object, if your Majesty please to grant him a Commission to be Lt. Governor of the Islands. [C.O. 153, 10. pp. 383–385.]
Nov. 9.
Whitehall.
837. Council of Trade and Plantations to the Queen. Representation upon an Act of Barbadoes, May 10, 1709, appointing Agents to transact the publick affairs of this Island. We find since 1666 there have been frequent disputes between the Council and Assembly about the nominating and appointing Agents residing within this Kingdom, the Assembly having claimed a right of such nomination and appointment exclusive of the Governor and Council, and they having for the most part done the same by a clause in the Excise Bill, refusing to grant the duty arising thereby, unless they named the sd. Agents in the Bill, to which the Council were sometimes necessitated for the sake of the said duty to consent; by this means (the Excise Bill being made for one year only) the Assembly annually nominated the Agents notwithstanding the opposition made thereunto by the Council. But we do not find that any of those Laws whereby Agents have been constituted have at any time been confirmed by your Majesty or any of your Royal predecessors. In 1697, when the Assembly insisted on their pretended right, the then President in Council disallowed thereof for the reasons mentioned Minutes of Council Aug. 24, 1697. But not to go too far back we shall only humbly lay before your Majesty what has passed relating to the appointment of Agents since Mr. Crow's arrival there. The Assembly in March 1707/8 sent up to the Council a new Excise Bill with the usual clause for the Agents in it, the Council upon consideration thereof, gave their reasons for not allowing the said clause; this occasioned several messages and conferences between the Council and Assembly, and upon the Council's insisting to have the said clause omitted, the Assembly on March 19, 1707/8, in consideration of the great want of mony there was at that time, passed the Excise Bill without the said clause, but made the following resolves:—"that from the first constitution and appointing of Agents in England for the publick service of this Island, the right of appointing such Agents was and is in the Representative Body of this Island. The Members of Council by setting up a right with this House to nominate and appoint such Agents, have endeavoured to invade the right which is solely vested in this House." In Dec. 1708, the first above-mentioned Act for appointing Agents (which is founded upon the foresaid resolves, the preamble setting forth the necessity of the inhabitants having Agents here, to solicit for them, and the next clause desiring the Governor and Council to ratify the Assembly's nomination and appointment of their Agents) was brought into the Assembly, where it lay till May, and was then passed by them and sent up to the Council; but whether the Council made then any objections to this Act or no, does not appear to us, their Minutes for that time not having been yet transmitted. However as this Act excludes the Governor and Council from nominating and appointing Agents, we humbly conceive that Mr. Crow has not done his duty in passing the same. But that your Majesty may have a clearer view of this pretention of the Assembly, we further take leave to represent that in Nov. 1708, the persons named in the first abovementioned Act for Agents delivered to us a paper entitled some positions laid down, that the General Assembly exclusive of the Governor and Council may appoint Agents to negotiate the publick affairs of this Island in England, which paper containing some positions of a very extraordinary and dangerous consequence, we take leave to annex a copy thereof, and upon it to make the following observations:—We do agree that it is the undoubted right of the subject, either in his private capacity, or as a body politic, to apply to your Majesty by petition, complaint or other Address, so it be done in such manner as the Law directs; yet we can by no means admit it to be a necessary consequence, that therefore the Generall Assembly of Barbadoes, exclusive of the Governor and Council there, has a right to appoint persons under a publick character of Agents for negotiating in this Kingdom the public affairs of that Island, by way of application to your Majesty; such a pretended right is no ways founded upon good reason, nor warranted by the like usage in any other Plantation under your Majesty's imediate Government; but is inconsistant with the nature and form thereof, and may tend to create jealousies and divisions in the several parts of that Legislature, to the manifest disquiet of your Majesty's subjects there, and to the prejudice of that trade. If such exclusive power of appointing publick Agents be allowed to the General Assembly, with as much reason may the Governor and Council severaly claim a like power, exclusive one of the other, to appoint their respective Agents; for if the General Assembly cannot (as they suggest) rely upon the service of any other Agents than such as are solely chosen by and intirely dependant on them; what use can the Governor or Council expect to have of Agents so chosen, who are intirely independant either of the Governor or Council? What mischief and confusion in business such distinct agencies may occasion by their interfering and clashing one with another, according to the several instructions they may receive from their respective principals is so obvious, we [will] not trouble Your Majesty therewith. Among the several reasons given for allowing an exclusive right in the General Assembly, some of them are very extraordinary, they being founded upon unjust suppositions, that the Governor and Council will refuse or neglect to employ their best offices for procuring from your Majesty a concession of whatever may reasonably be desired for the ease, safety or benefit of the Island; and that they will in all matters be inclined to support and maintain the Prerogative without having a due regard to the rights and priviledges of the subject. This is to suppose not only that so many of the principal inhabitants as constitute the Council have no share in, or concern for the good of their country; but that both Governor and Council will act contrary to the express trust reposed in them; and we look upon any insinuation as tho' the interest of the Crown were separate from that of the subject to be fals and of dangerous consequence. Wherefore we are humbly of opinion that the General Assembly of Barbadoes, exclusive of the Governor and Council, has not any right nor ought to be allowed to appoint persons under the character of publick Agents for negotiating in this Kingdom the publick affairs of that Island, nor do we see wherein such appointments of Agents by the Assembly can answer the end they propose, since they cannot reasonably expect that your Majesty will come to any resolution upon the applycation of such Agents in publick matters without refering the same to the Governor, or to him and the Council there, for their opinion therein. And therefore we humbly offer that your Majesty be pleased to signify your disallowance and disapprobation of the said Act for appointing Agents. But in case your Majesty shall think fit that Agents may be nominated and appointed by the joint consent of the Governor, Council and Assembly, to negotiate here the publick affairs of that Island, as is practised in Jamaica, and some other of the Plantations, we have no objection to it. [C.O. 29, 12. pp. 39–45.]
Nov. 10.
Whitehall.
838. W. Popple to the President of the Council of New York. Encloses H.M. letter of Oct. 29. [C.O. 5, 1121. p. 445.]
Nov. 10.
Whitehall.
839. Same to Lt. Governor Gookin. Encloses letters for the Presidents of the Council of New York and New Jersey, to be forwarded with all dispatch, etc. [C.O. 5, 1121. p. 446.]
Nov. 10.
Whitehall.
840. Same to the President of the Council of New Jersey. Encloses H.M. letter to Col. Ingolsby, revoking his commission, Oct. 29. [C.O. 5, 995. p. 31.]
Nov. 10.
Whitehall.
841. Mr. Pringle to Mr. Popple. Encloses letter from Lord Sunderland, to be forwarded to the President of New York, about making provision for the Palatines, etc. Signed, Ro. Pringle. Endorsed, Recd. Read Nov. 11, 1709. 1 p. [C.O. 5, 1049. No. 133; and 5, 1121. p. 447.]
Nov. 11.842. Mr. Delafaye to Mr. Popple. Encloses 2 duplicates of Lord Sunderland's letter as preceding. Signed, C. Delafaye. Endorsed, Recd. 12th, Read 14th Nov., 1709. 1 p. Enclosed,
842. i. Earl of Sunderland to the President of the Council of New York. The Queen having thought fit to order the sending of 3000 of the poor Palatines to New York, has commanded me to tell you that they are to sail from hence about Dec. 15, to the end that you may consult with H.M. Council there upon the proper measures to be taken for providing for these poor people at their arrival in your parts, both as to lodging and provisions. H.M. does particularly recommend this to your care; the expence of it will be answered from hence, H.M. intention being that these people should in no wise become a burthen to your Colony. Countersigned, Sunderland. [C.O. 5, 1049. Nos. 134, 134.i.; and 5, 1121. pp. 449, 450; and 5, 210. p. 185.]
Nov. 11.
Whitehall.
843. Mr. Popple to Lt. Governor Gookin. Encloses above letter to be forwarded, etc. [C.O. 5, 1121. p. 448.]
Nov. 11.
Whitehall.
844. Council of Trade and Plantations to the Queen. Representation upon an Act of Barbados, 1708, for holding a Court of Grand Sessions, etc. This Act is the same in substance with an Act concerning the General Sessions, 1698. That wherein we find they chiefly vary is, that the charges of each Session not exceeding £100 sterl. in any session, are by this Act to be defray'd out of your Majesty's casual Revenue in that Island, whereas by the former Act they were defray'd out of part of the said Revenue, vizt. out of the fines, forfeitures and amerciaments. But as the said Casual Revenue is apply'd there for the uses of that Government, we have no objection why your Majesty may not be graciously pleased to ratify and confirm the said Act. [C.O. 29, 12. p. 18.]
Nov. 12.
Whitehall.
845. Mr. Popple to Mr. Attorney General. Encloses extract from Governor Handasyd's letter (June 14) relating to a seizure of ambergrease, for his opinion what is proper to be done in that matter. [C.O. 138, 13. p. 52.]
Nov. 12.846. Draft of a letter of Attorney from the Earl of Carbery impowering the Council of Jamaica to surrender his lands near Port St. Antonio, etc. Signed, Carbery. Endorsed, Nov. 14, 1709. 1½ pp. Enclosed,
846. i. Plan of Lord Carbery's lands referred to in preceding. 1 p. [C.O. 137, 8. Nos. 68, 69.]
[Nov. 14.]847. Mr. Fauconnier to [? Governor Lord Lovelace]. New York, Feb. 8, 1708/9. Encloses accounts etc., of New Jersey up to Dec. 13, 1706, "since which all salaries etc. are owing," and a list of papers relating to that Province, which are yet in my Lord Cornbury's hands, and which I supose the trouble of mind he lays under has made him forget to deliver to your Excellency. Signed, P. Fauconnier. Endorsed, Recd. Nov. 14, 1709. (Transmitted by Mr. Cockeril to the Earl of Stamford). 1 p. Enclosed,
847. i. A general state of the accounts of H.M. Revenues and Fines in New Jersey, Dec. 1704–1706. Revenue: total, £3894. 8. 1. Charges, £4054. 15. 6. Fines, 1706; £40. 12. Mr. Fauconnier's expenses, £46. Signed and endorsed as preceding. 2 pp. Torn.
847. ii. Speech of Governor Lord Lovelace to the Assembly of New Jersey, March 4, 1708; the Council's Address to H.M.; and Addresses from the Council and the Assembly to Lord Lovelace. Endorsed as preceding. Printed. 12 pp.
847. iii. Duplicate of preceding. [C.O. 5, 970. Nos. 89, 89.i.–iii.]
Nov. 14.848. Observations upon several grants of land at New York. (1) Grants have been made of all the lands that could be discovered: some of them very large tracts, and in all that are good and valuable Mr. Fauconnier or Mr. Bridges, and sometimes both, are pattentees. (2) Grants have been made of such lands as should hereafter be discovered, as to Capt. Lancaster Symes of all the unpatented land on Staten Island, by which meanes several poor persons who were by the permission and connivance of the Government setled on small tracts of land where neither the persons nor lands were of value to pay the fees of a patent are lyable and already threatned to be turned out of possession. (3) Where persons have by license purchased lands from the Indians, their lands have been granted away to others. Dr. Staats' case concerning Wiwanda. (4) Grants have been made of lands formerly pattented to others, which former patents have thereby (as far as in Governor and Councill lys) been set aside, so was Newton patent in effect declared void tho' under the Seale of the Province, because not found on the Records, tho indorsed by the then Secretary to be recorded. But part of the lands contained in that Patent were since granted to the town of Bushwick for £300 (as 'tis said), other part to Mr. Bodinot in discharg of £300 due for part of Lady Cornbury's funeral, other part to Mrs. Bridges, Capt. Ask, Mr. Hoogland, Mr. Milward and others for £400. Lands between high water and lowater mark on Long Island lately granted to ye City of New York for £300, being the lands lately in possession of several inhabitants, tho' now covered with the sea, the land being washed away. (5) Some, or at least one grant has been made without advice of the Councill, which is conceived to be against the Queen's Instructions, as the houses in the City of New York lately burnt down, said to belong formerly to Governour Lovelace, and no person claiming from him as heir at law, the same was seized for the Crown and lately granted privately to Wilson and Ask etc.
In relation to the Revenue (1) The Act says for the better defraying of the Publick and necessary charges and expences of this Province, the money is raised. By the Governor's Instructions he is not to permit any of the Revenue to be issued forth but by order from himself by advice of H.M. Councill. Hence it followed that whatever was proposed by the Govr. to the Councill, and consequently whatever Mr. Fauconnier demanded, was allowed of by the Councill and warrants granted accordingly. So the extravagant charges of one voyage to Albany amounted to near £2,200, and no stint was put to the expence of firewood and candles for the fort. (2) The officers of the Government and others to whom money is oweing on warrants think the late Act for refunding £711. 5. misapplyed in the £1800 tax very greivous on them, being to be raised out of the Revenue which should grow due on or before Dec. 3, being to reimburse Col. Wenham and Mr. Fauconier, who had misimployd £500 and upwards in ye £1800 tax formerly rais'd for building forts etc. on pretence that it was imployd for the Queen's service in payment of warrants, which the officers say were to defray the extravagant expences in the Albany journey, which if they ought to have been payed should have given place to sallary warrants. Nor was there any reason to forestall the Revenue and raise an interest of 10 p.c. to be paid out of the Revenue, if that money had been imployd in paying sallary warrants then due. They say 'tis plain that Col. Wenham and Mr. Fauconier did not discharg their duty, and if they are money out of pocket, there is no reason they should be reimburs'd out of moneys due to others, who have discharg'd their dutys, and the question is whether a Revenue granted to the Queen can be taken from H.M. even by Act of Assembly without H.M. or the Lord Treasurer's express directions. The officers likewise suffer £500 and upwards by two sallarys being taken for ye same office Mr. Fauconier and Mr. Byerley, if Mr. Byerley suspension was unlawfull, then Mr. Fauconier must apply himself to him that sett him at worke for his wages. (3) It is thought a hardship on the officers of the Governmt. that when Mr. Byerley was suspended Mr. Fauconier should be put in Comn. on purpose as they imagin that he should pay himself the £2000 or thereabouts which he pretended he disburst for ye Government, whereas if the same were bona fide due to the said Fauconier, which they deny, yet sallary warrants ought first to be paid, and they think it still harder on them yt. when Mr. Byerley was restored, Feb. 1, 170 8/9, that Mr. Fauconier should detain in his hands recognizances of excise due and payable Feb. 18 and May 18 following, when the condition of those recognizances were for paymt. of moneys to ye Queen's Collector or Receiver Generall, and they look on Mr. Fauconier's pretences that the recognizances were burnt, to be a fraud to deceive the Queen. Endorsed, Transmitted by Mr. Cockeril to the Earl of Stamford, Recd. Nov. 14, Read Dec. 27, 1709. 2¼ pp. [C.O. 5, 1049. No. 146.]
[Nov. 14.]849. Messrs. Rip van Dam, Wenham and Philips to the Governor Lord Lovelace, New York, Feb. 3, 1708/9. Enclose following. The stores in Fort St. Ann are in great disorder. We propose that the Commission Officers of H.M. Forces be ordered to make a compleat list of the old stores before they are intermixt with the new ones, etc. Signed, Rip van Dam, Tho. Wenham, C.v. D. Philips. Endorsed as preceding. 1 p. Enclosed,
849. i. List of stores and arms in Fort St. Anne, New York. 6 pp. [C.O. 5, 1049. Nos. 147, 147.i.]
Nov. 14.
London.
850. Micajah Perry, Thomas Byfield and Co. to the Council of Trade and Plantations. Mr. Thomas Wenham owes us a large sum on account of cargoes of goods. But he having a great intrest with the Ld. Cornbury, and being one of the Councell of New York, we cannot bring him to justice. Pray that he be removed from the Council. Signed, Micaj. Perry, Thomas Byfield, Joseph Marshall. Endorsed, Recd. Read Nov. 14, 1709. 1 p. [C.O. 5, 1049. No. 135; and 5, 1121. pp. 451, 452.]
Nov. 14.851. Mr. Solicitor General to the Council of Trade and Plantations. Reply to Oct. 31. I find the Act to relieve this Colony (New York) from divers irregularities and extortions agreable to the Law and practise of England in every part but the last clause, whereby 'tis enacted that no person prosecuted for any crime, and acquitted by verdict, shall be oblig'd to pay any fees for or relating to his prosecution, unless the Fees of the Officers respectively, whom he does or shall employ, for and in order to his necessary defence and discharge; for this clause may discharge such persons from paying the ordinary Fees to the officers of the Courts where they are prosecuted and tried, whereas Fees are due to the officers of our Courts upon all acquitalls. I am of opinion that the Act for the easier partition of lands in joint tenancy or in common will clear a difficulty which the people of the Colony who are jointenants or tenants in common have hitherto labour'd under, and is well enough contrived to answer the purpose intended by it. Signed, R. Eyre. Endorsed, Recd. 16th, Read 21st Nov., 1709. 1 p. Enclosed,
851. i. Duplicate of Mr. Popple's letter, Oct. 31. [C.O. 5, 1049. Nos. 136, 136.i.; and (without enclosure) 5, 1121. pp. 453, 454.]
Nov. 14.
Antigua.
852. Governor Parke to the Council of Trade and Plantations. Though I have not had the honour of recieving any letter from your Lordshipps since Aug. 12, yet I thinke it my duty (by all opertunitys) to informe your Lordshipps of the state of my Government. Wee are all in peace, and like to make good cropps (as the Planters tell me). Wee are threatned with the comeing of Ducass, but the Islanders will not believe it, and consequently will not spare one negroe to be imployed for their defence; they insist still upon their Speaker's haveing the negative voice, (or signeing last, which is the same thing) in passing all Laws. I have already writt so largely on this, and it being so largely treated of in my answer to the Articles, I shall not trouble your Lordshipps further with it, but expect your orders what I shall doe further in it. I have soe often tryed them, and they still insisting upon this point that I will never put the Island to the charge of calling them together untill I have your orders how to behave myselfe in this point. I have for this 8 months expected orders about it for the minutes relateing to this dispute were sent last November. All those that subscribed the Articles have been sumoned before the Councill to know if they did subscribe them, but there was not one that would owne it. I hope your Lordshipps will send me the originall to answer, and if what I am charged with be true, I ought to be punished, but if not, those that have falsely accused me. I can have no remedy but by action at law, and except I can have the originall (which they signed) I can have no action for the Law allows of noe coppys for evidence. By Act of Parliament, if I injure any one in my Government he may bring his action against me in any part of the Queen's dominions; if I have not the same liberty, I had better have been a Porter then a Governour. As I have been inform'd those that complained against Governour Crow signed what they had to say against him, and deliver'd it to him, this was acting fairely with him; on the contrary when I sent to them to desire them to lett me know my crimes, and if I had done anyone an injury, I would make them satisfaction, or if the Publick had anything to charge me with, let me know it, I would redress it, or the Assembly should sitt till they had drawne them up, to send home and my answer should goe with them, but I had no answer from them, but the articles were a secret to all but the managers. Two thirds of those that subscribed them knew not what they were (as has plainly apeared since) and it is a plaine demonstration those Articles were only to throw dyrt, for they expected to gett me out by the £5000 they had raised, and by my Lord Peterborrough's (Coll. Codrington's great friend) intrest, and it is their custome, after the Queen's, to drink his health. My Lord Marleborrough's is never dranke but by my friends, because he is my patron, nor do they ever rejoyce at his success, they never expected I should have had the Articles sent me, and have liberty to answer them, and talked soe in their publick discourse, and now it plainly appeares how much they depended on their Articles; for the Diamond comeing here the latter end of August brought me a letter from my Agent, Mr. Perry, which informed me that your Lordshipps had made a report that I ought to have liberty to answer. This piece of Justice (which your Lordshipps did me) had like to have cost me my life, for on Sept. 5th, I was waylayd as I came home in the evening with two Gent. with me, and shott at from behind a hedge in a kane piece etc. as letter from Michael Ayon. Sept. 20. I shall loose the use of my arme. All that my friends could doe could not take the negroe, or him that was with him, they gott them of off the Island. I have charity enough to believe that not above 5 or 6 of them were guilty of this piece of villany, and by a great many circumstances the managers that sett Mr. Otto, and the negroe to do it, were Coll. William Thomas, and one Mr. Field, a drunken quarrellsome fighting parson, who runn away on the Saturday night, which was the night the first designe was laid, for I went out in the morning to view the troope, and Col. Byam's Regiment, but disapointed them by lyeing out at the Governour's. I was waylayd on Sunday night comeing home, but being surrounded by Gentlemen, they could not doe it; on the Monday night it was done, Otto and the negroe imediately absented. Repeats part of Ayon's letter. This negroe is a very noted fellow (though I don't know him myselfe) and is very remarkeable for his courage and being a good markesman, being a native of the place and imployed to shoot wild pigeons and the parson is noted even in this place for his cruelty, never was knowne to forgive a slave for absenting from his worke, often whipping them without mercy and castrateing them. The best negroe he had and one of the finest in the Island, he not only castrated but cutt off one of his leggs for absenting himselfe from his worke, the fellow dyed under his hands, he never was knowne to forgive a negroe or to begg for any. I haveing (myselfe) begg'd off severall negroes, the parson being afraid I should (sometime or other) begg for some of his, told me if anyone should begg for a negroe of his he would punish him the more for it, now the Parson's begging for this notorious fellow was a surprize to everyone till they found he was the negroe that shott me, the Parson's going off that very day that I was laid to be shott at night, for nobody that I can find out knew of his going off, till after he was gone, Mr. Laferte the Parson that preached for him the next day told me he knew nothing of his going off, and that he desired him only to preach that day, telling him that he was to goe to the other side of the Island. Mr. Field for this 4 or 5 year has constantly talked of going hence every fleet, and there was then some shipps ready to sayle, and the mann of warr was ordered to convoy them, and did doe it 3 or 4 days after, and our Great Fleet was to saile in 3 weekes; it is true the small vessell he went in was not used to stay for the great convoy, she had been ready for severall days, and I had writt my letters to goe by her, but the master told me he would stay a few days for the mann of warr to see him off, but just as I was going to bedd on the Fryday night, he comes to me and tells me he should sayle to-morrow. I did all I could to persuade him to stay two days longer for the mann of warr, since he had stayed already, 5 or 6. I was the more earnest with him because she belonged to my friends Mr. Perry and Sir Jeffry Jeffreys, the Master seemed to be under some concerne, and went from me, as I thought, resolved to stay. I told him if he resolved to goe, to send for my letters in the morneing. I stayed at home till 10 in the morneing, nobody comeing for my letters, I sent them to the Collectors with orders if Capt. Harry sailed, to give him them, he sailed that afternoon and lay by over against Dr. Mackinnen's, which is about 3 miles to the northward of the harbour, it was there it seems hee tooke on board the Parson and Col. Thomas, and one he calls his wife, and their things which had layne there sometime ready. The Collector sent the Custome-house boate with my letters, but he would not stay for her. Everyone concludes they hired him to be ready at an hour's warneing, for he seem'd for severall days to be under some concerne, and used to say for severall days, he did not know but he might sayle to-morrow, and had been cleared at the Custome-house some time. I daresay they never told Capt. Harry the true reason, but what made him have a concerne upon him was, he being a stranger could gett nobody to be his secureity here, for all vessells by the law of the place, are to give a thousand pound secureity to carry nobody off without the Governour's lycence, and his vessell belonging to my friends in London, I desired two of my friends here to be his secureity, and they are (by his takeing off those people without a certificate) lyable to pay the penalty. The reason wee suppose of his being kept soe long and allways to be ready, they wayted for my rideing out, which I seldome doe except it is to a muster, and since I was shott my people tells me this negroe came severall times to enquire if I was to ride out or not, and the first time I rid out they designed to sett sayle, for they were afraid (as I suppose) if the negroe or young Otto were taken, one or both might confess who sett them on to doe it. Another circumstance is, noe one had any influence over the young Otto but Parson Field, for though his father has a good estate here, yett the young man is a profligate wretch keeping company only with mallattoes, and such sort, they picked him to begin the riot. A circumstance against Col. Thomas besides his going off after this manner is that about Xmas last everyone thought that Mr. Nivine was lost going home with their Articles, for severall vessels comeing in brought no news of him. Col. Thomas at a meeting of their party at his house, they all being concern'd for the loss of Nivine, said lett us imploy some of our negroes to shoot him, and accordingly some litle time after, I was shott at but missed, and Capt. Clarke was alsoe shott in the eveneing takeing him for me, being such another as myselfe in my colloured clothes and on a white horse, which collour'd horse I generally ride. I tooke then no notice of it, though I was desired by my friends, for the future I shall never be out after sunnsett, nor goe out but I will have a number of my friends about me. This action of theirs will doe me a kindness, if I have justice done me at home, for the people that were drawne in by their falce and scandallous storys beginns to see through it all, and very many abhor what they have done, so that I have noe doubt but when this complaint is over, to live very happy and to persuade them to make good Laws. Your Lordshipps may naturally conclude I had done some very great injury to these three people Otto, Field and Thomas; about two year agoe young Otto had a bastard by a poor wench, and he refused to take any care of it she complained to me I sent her to a Justice she told me she had but they would not meddle in it, whereupon I sent to him to take care of the child. In running the lines round the towne, I was forced to goe throw part of Parson Field's ground, and yet I did him very litle hurt, but he was as angry as if I had taken away part of his land for my owne use, and from that time preached such sermons to the people as I thanke God I never heard before. I disoblieged Col. Thomas because I would not turne out a man that I found Treasurer, and to whome the Country was much in debt, to put himselfe in his place; I would have made him of the Councill, and put him into the list I sent your Lordshipps, but that would not then please him because the other was more profitable, these are the crimes for which I was to be assassinated. A Bristoll shipp has brought us the good news of the Duke's victory near Mons. My friends and myselfe that evening expressed our joy in the best manner wee could, but the others seemed rather angry then pleased; they looked just as the Jacobites did when I brought the news of the victory of Hochstat. Signed, Daniel Parke. Endorsed, Recd. 14th, Read 19th Jan. 170 9/10. 7 pp. [C.O. 152, 9. No. 5; and 153, 10. pp. 458–470.]
[Nov. 14.]853. Some considerations relating to the good Government of Barbados, presented to the Council of Trade and Plantations. Proposal to increase the Governor's salary, in order to keep him out of temptation, etc. If the Island decline as much in the next 20 years as it has done in the last, what will become of the women and children; for it will be incapable of subsisting the inhabitants? Endorsed, Recd. 14th, Read 28th Nov. 1709. 6½ pp. [C.O. 28, 13. No. 1.]
Nov. 15.
Whitehall
854. Mr. Popple to John Baber. The Council of Trade and Plantations desire to speak with you upon your memorial, etc. (cf. Oct. 29). [C.O. 138, 13. p. 53.]