America and West Indies
November 1709, 17-30

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Institute of Historical Research

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Cecil Headlam (editor)

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1922

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522-540

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'America and West Indies: November 1709, 17-30', Calendar of State Papers Colonial, America and West Indies, Volume 24: 1708-1709 (1922), pp. 522-540. URL: http://www.british-history.ac.uk/report.aspx?compid=73811 Date accessed: 22 August 2014.


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November 1709, 17-30

[Nov. 17.]855. Separate traders to Africa to Mr. Popple. Reply to queries, Oct. 21, 1709. Discuss relations with the African Company. As to the imports of negroes into the Plantations, but 3 of the 40 ships dispatched for this yeares trade are yett arrived in the Plantations, etc. Refer to enclosure. Negroes imported into Jamaica by separate traders have been usually sold at from £15 to £26 per head, at Virginia for about £25; but at Barbados and the Leeward Islands very deare, by reason of the Planters of Barbados their creditt not being reestablished since they made their payments for negroes in paper money, nor is the creditt at the Leeward Islands well esteemed since the takeing of Nevis. The loss of 20 odd ships belonging to the separate traders last year, and 5 more lately hath been noe small discouragement to the progress and success of this trade to Africa this year. etc. The continuance of the 10 p.c. to the Company is noe small prejudice to the trade. etc. Signed, Peter Paggen and 7 others. Endorsed, Recd. 17th, Read 29th, Nov. 1709. 3 pp. Enclosed,
855. i. Account of negroes delivered at the Plantations by the separate traders Michaelmas, 1708—July, 1709. Jamaica, 3982; Virginia, 630; Barbados, 340; Antigua, 970. Endorsed, Recd. 17th, Read 29th Nov., 1709. 1 p. [C.O. 388, 12. Nos. 61, 61.i.,ii.; and (without enclosures) 389, 20. pp. 488–497.]
Nov. 17.
Whitehall.
856. Mr. Popple to Mr. Solicitor General. Encloses Act of Jamaica, 1709, to enable the sale of certain lands, part of the estate of George Joy decd., etc., for his opinion in point of law, and particularly whether by the proviso "that nothing in this Act contained shall be construed to extend to barr or make void the right of any other person whatsoever to any of the lands abovementioned," the right of H.M. be sufficiently saved, in regard that H.M. is not expressly named therein. [C.O. 138, 13. p. 54.]
Nov. 18.
Barbados.
857. Governor Crowe to the Council of Trade and Plantations. This packet honours me with none of your Lordships. The three Councilours were immediatly sworne, and orders given for the takeing such affidavits as they think fitt, but as yet they have not sent me any coppys. I hear H.M. has been pleased to order me home, wch. I shall readily obey so soon as I have directions therein. My Lord High Admiral has sent over a Commission as Commissary to Mr. Woodbridge, which wholly takes away that of Vice-Admiralty; the Governours of Barbados have ever been invested with that power, so I thought it my duty to inform your Lordp. of this innovation that it may be lay'd before H.M. Signed, M. Crowe. Endorsed, Recd. 2nd, Read 16th Feb. 170 9/10. 1 p. Enclosed,
857. i. Address of the General Assembly of Barbados to Governor Crowe, Oct. 5, 1709. Reasons against repealing a clause in the Act appointing a Committe to settle the publick accounts, which impowers the said Committe to appoint a clerk and marshall. (1) It is an ancient right and privilege, etc. (2) By Mr. Gordon's Patent he is only appointed Provost Marshall General, which wee can never suppose gives him a right to dispose of all other Marshalls' places to such persons as wee have seen lately striveing who should bid most, without regard to their qualifications, whereby extortion and exorbitant ffees will be exacted from the poor inhabitants to make up the annual rent for the same. (3) Mr. Gordon's Patent is directly contrary to the Act of 1667 authoriseing the Governour to appoint a Provost Marshall, etc. Copy. Signed, William Grace. Endorsed, Recd. Feb. 2, 170 9/10. 1½ pp.
857. ii. Governor Crowe's Speech to the Assembly of Barbados, Oct. 31, 1709. Lays following estimate before them, and urges them to act without delay, etc. Same endorsement. ¾ p.
857. iii. Estimate of necessaries wanting for the repair of the fortifications. Sept. 20, 1709. Signed, Jno. Pilgrim, Tho. Maxwell, Saml. Husbands, Saml. Adams, John Bowman, Wm. Ramsay, etc. Same endorsement. 14 pp.
857. iv. Copy of Governor Crowe's Order to Judge Thomas Beckles for taking depositions in behalf of Messrs. Sharpe, A. Walker and Beresford. Oct. 28, 1709. Signed, M. Crowe. Same endorsement. 1 p.
857. v. Deposition of Arthur Upton that he delivered above order with a copy of Mr. Sharpe's Representation, to Mr. Beckles, Oct. 28, 1709, etc. Same endorsement. ½ p.
857. vi. Deposition of Arthur Upton that Alexander Walker delivered to the Governor H.M. Order for the re-admitting of the three Councillors, when the packet was out for sailing etc. Governor Crowe told Walker the order should be immediately obeyed, etc. Same endorsement. ½ p.
857. vii. Deposition of Arthur Upton. On Oct. 14, H.E. ordered deponent to wait upon Mr. Sharp for a copy of his representation, in order to H.E.'s giving an order thereon for examining witnesses according to H.M. Instructions, Mr. Sharpe said he would order the coppying of it out, but did not deliver it till Oct. 22nd, although deponent several times called upon him for it by H.E.'s express commands. Same endorsement. ¾ p. [C.O. 28, 13. Nos. 21, 21.i.–vii.; and (without enclosures) 29, 13. pp. 96, 97.]
Nov. 18.
St. James's.
858. Order of Queen in Council. Repealing Act of Jamaica for quieting possessions and giving directions therein to the Governor as recommended, Nov. 9. q.v. Signed, Wm. Blathwayt. Endorsed, Recd. Read Nov. 24, 1709. 2 pp. [C.O. 137, 8. No. 73; and 138, 13. pp. 65, 66.]
Nov. 18.
Litchfield, Bearhaven in Ireland.
859. Commodore Taylor to the Council of Trade and Plantations. I herewith give the best account I can of Newfoundland, but am asham'd it cannot be perticular to every Article of your Instructions, which I did not recieve untill Oct. 4. Signed, Jos. Taylor. Endorsed, Recd. 1st, Read 5th Dec., 1709. Addressed. ½ p. Enclosed,
859. i. Commodore Taylor to the Earl of Sunderland. Nov. 18, 1709. This gives an account of what condition I found St. John's, which had been taken Dec. 21, 1708, by about 160 Frenchmen from Placentia, commanded by Monsr. St. Ovide de Brouillion. The Castle on the South side of the entrance of the harbour was blown up and demolished, the cannon that were there, and those that were in the Old Fort were carried to Placentia, where they are said to be all mounted; all the buildings that were in the Old Fort, with the gates and drawbridges, were burnt down, the platforms pull'd up and spoyl'd, part of the Bank on the Southside pull'd down, the pallisadoes cut, pull'd up and destroy'd, and everything ther ruin'd, all the inhabitants' houses in the town or New Fort burnt, and to save their summer houses, stages, shallops etc., ransom'd at 100 quintals of fish, or £70 sterl. for each shallop they should send to sea a-fishing, the enemy to find for each shallop 20 hhds. of salt, which ransome is payd. After the fishing season was over, I had severall meetings with the inhabitants of St. Johns, Quidi-Vidi, and Petty Harbour, to desire them to build their winter houses in the Old Fort, which when I had perswaded them to give their consent to do, I (with the men of H.M. ship under my command, and some out of the Rye, and the help of the fishing ships) began to rebuild it, whilst they built their houses in it, which by Oct. 20 was completely finish'd, and in the opinion of all that had seen it before it was destroy'd by the Enemie, is now much more defenceable, there have (by the nearest computation) been used about it in pallisading, stockading etc. 10,000 sparrs, which wee cut and brought out of the woods, the charge I have put H.M. to is very little, and only for nails to fasten the pallisadoes, etc., and boards for the guard-houses, a prison, centinel-boxes, and trunks to throw the bomb shells into the ditches, etc. I have mounted 8 guns in it. etc. Refers to enclosures, and repeats preceding. I have given a Commission to Mr. John Collin to be Governour; he is an inhabitant of St. John's of good repute there, and was chosen Governour by the rest of the inhabitants, who also chose all the other officers, which are in a list now sent, together with the Officers of the Isle of Boys and the Island in Conception Bay, where I have oblig'd the inhabitants of the Main to transport themselves, their families, effects and provisions, and to whom I supply'd all such stores as they wanted. I have done all that was possible for me to do, and what I thought best for H.M. service, etc. And for the farther security of that Country, I believe it necessary to send speedily a supply of provisions to St. Johns, which they will be in need of, and to send proper persons to rebuild the Castle on the South side of the entrance of that harbour, with men, cannon and ammunition for the defence of the same, and when H.M. shall be pleased to garrison the Fort of St. John's, I pray that H.M. may be moved to give some allowance to the Inhabitants for their houses in the said Fort, which must then be pull'd down, and if the Governour and Officers there should behave themselves well in maintaining and defending the Fort, I humbly pray they may be recommended to H.M. favour, as they shall deserve. And whereas there are some persons in and about St. Johns, who may after my comeing away slight and contemn the Governor's authority to the prejudice of H.M. service, I therefore pray that the Officers who shall be appointed to command in Newfoundland the next year, may have orders to enquire into the same, and punish the offenders, according to the merit of the cause, and countenance and incourage the Governour in his authority. After the enemy had taken St. Johns, a French shipp of 26 gunns made an attempt upon the Isle of Boys, but was repulsed from thence without doing much damage, so made no other attempt anywhere. The New England sloops which bring to Newfoundland bread, flour, pork, rum, mallasses, suger, tobacco, sheep, etc., at their going from St. John's, when the fishing season is over, stop at severall small harbours and coves on the coast, and there take in artifficers and seamen, (who wait their for their comeing) and carry them to New England. I have endeavour'd as much [as] I could to prevent it, though impossible, unless a sloop be kept upon H.M. charge to see them off the coast. The Governour of Placentia sent two shallops with about 70 of H.M. subjects who had been prisoners there, but all the seamen went out of them to the Southard of Ferryland, and I suppose went from thence to New England, there being no account to be had of them in Newfoundland. All the French prisoners which have been taken and brought into Newfoundland by H.M. shipps and privateers, which were to the number of about 120, have been sent to Placentia; there are now aboard H.M.S. under my command one serjeant and 3 private centinells of the Garrison of St. John's Fort when it was taken. I desire to know what I must do with them. Signed, Jos. Taylor. Endorsed, Recd. Dec. 1, 1709. Copy. 2¾ pp.
859. ii. (a) Account of the stores left in the Fort of St. Johns by Commodore Taylor, and a list of the Officers there. 3¾ pp.
859. ii. (b) List of Officers at Newfoundland. Signed and endorsed as preceding. 1¾ pp.
859. iii. Account of the Fishery in Newfoundland, 1709. Number of ships 35; men, 985; ships' burthen, 3650; shalops, 384; half shalops, 6; quintals of fish made, 90,364; hhds. of traine made, 2013; masters, 181; servants, 1251; women, 171; children, 280.
Export; to Portugal, the Streights, West Indies and Great Brittain; ships and sloops, 62; burthen, 6370; quintalls of fish, 80,600 (3500 to the West Indies, the rest to Portugall and the Streights); hhds. of traine oil, partly from seal, 2292 to Great Brittain.
There are ships enough in the land to carry away what fish is left. The prices of fish was 24 royalls per quintal, some have been sold for 22, and at the last of the year for 28. Bread have been sold there for 40s. per cwt., and all other provisions proportionable. Signed and endorsed as preceding. 2 pp.
859. iv. Account of Placentia in 1709. There are liveing upon the Great Beach of Placentia 47 familys, the greatest part boat-keepers, upon which beach there is no manner of fortification; the inhabitants are well arm'd, and commanded by one Rochford a Militia Major and inhabitant of the place; the inhabitants in case of an allarm have their respective posts for their defence. Upon the Little Beach are but few houses except what are built within the Fort, and those only stores, excepting one suttling house. The Fort itself is a quadrangle, and has in it 26 gunns mounted, 16 of which front towards the sea, 8 fronting the entrance of the harbour, and 2 faceing the Little Beach, with pallisadoes sett double about 10ft. distance and fill'd up with dirt, the platform raised in the inside that fronts the sea and entrance of the Harbour of about 4 foot, upon which the gunns are mounted, and the works not above 5ft. high from the platforme, the other two sides are plain and only fortify'd with a double row of pallisadoes, between which are placed 2 cannon fronting the mound; the magazine is in one corner of the Fort next the little Beach built with stone. A considerable quantity of ammunition with one chaine for to secure the Harbour, was brought from France in the Fiddell (?Fidèle) man of warr this year. The redoubt upon the hill looking into the Fort is built with stone and pallisado'd round, in which a guard of 30 men are kept, commanded by a Lieutenant and relieved monthly; they have now 14 gunns and 2 mortars, the gunns are mounted over the walls upon which are placed great stones to roll down if assaulted. There is another small Fort building opposite to the Redoubt, which is design'd for the muskittry to cleer the redoubt when attempted, at the foot of the redoubt under the hill is four gunns mounted to defend the entrance of the road etc. There is not water to be had at the Castle, but what is brought up by soldiers and mules and kept in cisterns, which water is brought from a valley near the fourth of a mile from the Redoubt. The inhabitants on the Great Beach are oblig'd to cross an arm of the harbour for all the water they use. The Fort has the same trouble of bringing in their water. Little Placentia is about two leages to the southard of Great Placentia. The Harbour's mouth is so shallow that only vessells of 40 tuns can enter, so that no manner of commerce is there had by shipping. The Bay is large and good rideing for shipps, there are about 20 familys boatkeepers that keep 24 boats and 150 men, no fortification. Upon the seaboard side going along to Little Placentia is a small Chappell, before which is raised works with sodds about 6ft. high in forme of a half moon, out of which are cut 6 posts, a large flagg-staff and cross standing by it, the which is only built for a show of a Fort, when really it is nothing but a scarecrow. It's dangerous sailing along that shore in the night by reason of a rock which appears above water at low-water about a mile from the shoare, the Rock is call'd Le Bass de la Marquise. At Odiorn in the Bay lives but 2 familys, the Principal, who has a Pattent from the King of France for that place, and has at his own charge built a fort of 4 gunns: keeps 10 boats and 60 men. Little Paradise, a fishing harbour in the Bay by pattent to Mr. Lartogue, keeps 8 boats, 50 men, no fortifications. At Cape St. Mary's are no inhabitants, the Fishery there is only kept by the Bask shipps, that have yearly upwards of 150 boats, the fish is there salted, and brought thence in shalloways to Placentia where it is cured. The trade of Placentia is much inferiour to that of the English coast of Newfoundland; nothing but the Fishery is there minded; here are about 50 Artificers dayly at work cutting stone out of a large quarry, of which they have abundance, in order to build a wall all round the Fort, and have allready built one square, that fronts to the harbour about 10ft. high, which is levell with the lowest platforme of the Fort. The ships useing Placentia are generally fishing ships; each shipp commonly kills their ladeing of fish, there are yearly from 40 to 60 sail, the greatest number of which are Bask, and but few of them off any force. The Malwinds that use the trade are generally shipps from 10 to 24 gunns, of which there are 15 to 20 sail yearly. The number of boat-keepers by the French at Placentia and places adjacent, I judge may be 360, of which belongs to the shipping 230, there is not left in the whole country, soldiers included, (of which there are now near 400) not 800 men after the saileing of their shipps. The French trade from Canada, although but very small, is very advantagious to the inhabitants, there does not above 6 small vessells use the trade yearly; their loading consists of flour, bread, and pease, for which they expect salt, wine, brandy, and other merchandize; the prices of bread and flour are generally from 18 to 24 livres per quintall. Two shipps and a sloop was sent in June last to load provision for the garrison, which if miscarry will raise the price to a prodigious degree, and most of the people must starve for want of bread. St. Peter's Island being so often plundered and taken by our English galleys is allmost abandon'd, few shipps fish in that place, and none since the last year in St. Mary's Harbour. Endorsed, Recd. Dec. 1, 1709. 2½ pp. [C.O. 194, 4. Nos. 97, 98, 98.i.a,b.–iii.; and (without enclosures) 195, 5. p. 112.]
Nov 18.860. Address of the Governour, Council and Assembly of the Massachusets Bay to the Queen. Boston, Nov. 18, 1709. Address concerning Port Royal and Nova Scotia in the same terms as tho resolution of Oct. 27, q.v. 1 p. Signed, J. Dudley, Isa. Addington, Sec. Council, John Clark, Speaker. 1 p. [C.O. 5, 9. No. 46.]
Nov. 18.
St. James's.
861. Order of Queen in Council. Repealing Act of Barbados for appointing Agents, etc. v. Nov. 9. Signed, Wm. Blathwayt. Endorsed, Recd. Read Nov. 24, 1709. 2 pp. [C.O. 28, 12. No. 49; and 29, 12. pp. 53, 54.]
Nov. 18.
St. James's.
862. Order of Queen in Council. Confirming Act of Barbados, for holding a Court of Grand Sessions, etc. v. Nov. 11. Signed and endorsed as preceding. 1½ pp. [C.O. 28, 12. No. 50; and 29, 12. pp. 55, 56.]
Nov. 18.
Whitehall.
863. Mr. Popple to Mr. Perry and Mr. Hyde. The Council of Trade and Plantations desire to know what has been done in Virginia and Maryland towards the building of ports in pursuance of the Acts of each Province, etc. [C.O. 5, 1362. p. 436.]
Nov. 18.
Whitehall.
864. Mr. Popple to Sir Charles Hedges. Encloses extract of letter from Governor Parke, June 20, complaining of the Depty. Secretary of the Leeward Islands. [C.O. 153, 10. p. 435.]
Nov. 19.
Antigua.
865. Governor Parke to the Council of Trade and Plantations. Last night a litle before midnight I recd. a letter from the Lt. Governour of Nevis, that Saint Eustatia was taken by the French on Monday the 14th inst. The Capt. of the Diamond mann of warr informes me that on the 17th being under Dominico he was chaced by two menn of warr and six sloopes that came from Martineque to Guardalupa. I am afraid that those vessells waytes for the returne of those that tooke Saint Eustatia and will attacke some or all of those Islands, if they doe we cannott assist one another, haveing but one man of warr here, and no vessells to transport our men our fleet being just gone, if they attacke us, we are in a very bad condition to recieve them, but I hope I shall doe my duty. Signed, Daniel Parke. Endorsed, Recd. 16th, Read 19th Jan. 170 9/10. Addressed. Postmark. 1 p. [C.O. 152, 9. No 6; and 153, 10. pp. 483, 484.]
Nov. 21.
Whitehall.
866. Mr. Popple to Mr. Jenings. Encloses duplicate of letter to be forwarded to the President of the Councill of New York. [C.O. 5, 1362. p. 437.]
Nov. 22.867. Mr. Solicitor General to the Council of Trade and Plantations. Reply to Nov. 17. I have no objection to the Act of Jamaica referred to, and am of opinion that the right of H.M. is sufficiently saved by the proviso, etc. Signed, R. Eyre. Endorsed, Recd. Read Nov. 23, 1709. 1 p. Enclosed,
867. i. Duplicate of Mr. Popple's letter, Nov. 17. [C.O. 137, 8. Nos. 70, 70.i.; and (without enclosure) 138, 13. pp. 55, 56.]
Nov. 23.868. Mr. Attorney General to the Council of Trade and Plantations. Reply to Nov. 12. I am of opinion that the Governor and Queen's Councel at Jamaica have done all that by Law can be done for recovery of this ambergrease for the Queen. For a jury have it in their power whether they will give a general verdict or a special verdict. And the most that the Queen's Councel can do is to desire them not to take upon them the determination of matters wch. in point of law are disputable, but find the facts specially, and submitt the points of Law to the judgemt. of the Court, and this I understand was done by the Queen's Attorney General and Mr. Brodrick, but the Jury refus'd to give a special verdict, and found generally for the Deft. agt. the Queen. This refractoriness in the Jury is oftentimes seen in our Courts here in England, and when it do's happen, the Queen's Councel are forc'd to submitt, unless they can hope to get a more favourable Jury return'd, and then indeed they move for a new tryal. But in this Grand Court of Jamaica I understand it usually go's agt. the Crown, where there is the least shaddow for so doing. And therefore I much question whether granting a new tryal will be of any avail. In all likelyhood it will only run the Queen into greater charges and expences, for wch. reasons I cannot advise anything further to be done than what has been already directed and attempted. Signed, Jas. Mountague. Endorsed, Recd. Read Nov. 23, 1709. 1¾ pp. Enclosed,
868. i., ii. Duplicates of Mr. Popple's letter and enclosure, Nov 12. [C.O. 137, 8. Nos. 71, 71.i.,ii.; and (without enclosures) 138, 13. pp. 56–58.]
Nov. 24.
Antigua.
869. Governor Parke to the Council of Trade and Plantations. In obedience to your Lordshipps' commands I have made dilligent inquirey concerning the affair relateing to Robert Freeman and the petition of his brother. The petition and reasons therein delivered to have an Act to pass for the sale of certain parcells of land he then held in right of his wife, was in every part true; the said land was a burthen and charge, at that juncture of time, unto him. I further certifie that he with his wife did sell, after the passing of the Act, some parcells of land which were improved by the purchacers before his wife was of age, and that the deeds of sale was not brought for aprobation and wittnessed by the Governour, Councill and Assembly, as the said Act directs should be, and likewise the said Robert with his wife did live together for some years after she came to her full age, and then he dyed without makeing any other deed to the purchacers of the said land, some of which have been since sued for by one Pearne, who intermarryed with the said Mary. Freeman by his will did devise to his said wife all his plate and houshold stuff, with the choice of 7 negroes, a rideing horse and furniture for ever, which is of more vallue here then £500 currant money of this Island, as also the third part of what sugars, or other commoditys, shall be made of his plantation or plantations dureing her life, which some yeares may be worth more than £100. Signed, Daniel Parke. Endorsed, Recd. 2nd, Read 16th Feb. 170 9/10. 1 p. Enclosed,
869. i. Petition of Robert Freeman to the Queen, that an Act of Antigua, 1700, may be confirmed. Copy. 1½ pp. [C.O. 152, 9. Nos. 12, 12.i.; and (without enclosure) 153, 10. pp. 481–483.]
[Nov. 24.]
Carolina.
870 Extracts of letters to Col. Rhett from Carolina by his Lady, concerning the Bahama Islands, Feb. and April, 1709. Adrean Willson, Master of Mr. Gibbins' sloop laden with provisions bound to Jamaica was taken of the Bahama Islands by Capt. Pasquean, who was Commander of one of the French shipps who invaded us and you tooke afterwards at Seawee Bay. Hee has a sloop of fouer gunn and 70 men, and has taken 17 prizes this summer amoungst the Bahama Islands. Poore Benja. Symms bound for Jamaica, and wee fere Capt. Watson has meet the same fate, for hee has binn expected any time this too mounths. The French and Spaniards are settled at Exuma and cruse of all the Bahama Islands, soe that wee fere noe vessell will be able to escape them that are bound that way or to Jamaica; they have taken Capt. Holmes and his wife and all his richis, tying lighted macthes beetwene there fingers, and burnt them to the bone, to make them discover there wealth, and they killed Mr. Perrion Trot's wife in a most barberous manner with there crueltys, to make hir confess where Col. Elding and his riches were. The Capt. of the French privatere which took Capt. Williams gave him a sloop to carry him and the rest of the priseners to Carrolina, but as hee was going by Providence, the French and Spaniards tooke them againe and stripped them, tooke there sloop away and put them on a maruaen [—? maroon] Island, where they lived upon ćonckes and wilkes seavrall weekes, till Capt. Joyce by chance found them and tooke them on board, else must have perrished. The Governor of Bermuda haith lately sent a sloop on purpose with ann express to our Governor to acquaint him that the French and Spaniards desinge to attack us this summer, and wee are satisfied the Lords Proprietors will neither supply us with powder nor nothing else for the defence of this place, tho' they have binn addressed. Therefore our Assembly has sent a petition to the Queene humbly requesting to take us into hir imediate care and protection, the coppy of which I here inclose to you. Signed, Wm. Rhett. Endorsed, Recd. Read Nov. 24, 1709. Copy. 1½ pp. [C.O. 5, 1264. No. 85.]
Nov. 24.
Whitehall.
871. Council of Trade and Plantations to the Earl of Sunderland. Enclose extracts of Governor Handasyd's letter, Sept. 8, relating to privateers and ships of war. [C.O. 138, 13. p. 64.]
Nov. 25.
Whitehall.
872. Council of Trade and Plantations to Governor Handasyd. Acknowledge letters of May 25, 26, June 14, July 18, and Sept. 8. The news of the Portland's taking the French Guinea ship and of your privateers taking the 3 prizes, was very acceptable to us; though at the same time we were very sorry to find your Regiment had suffered so much on board the Portland; and should have been ready to have assisted Capt. Gardner in what we were able, but that on discourse with him we are informed 120 recruits have been already shipt off, and that 30 more are to go by the next packet boat, so that according to what he tells us there will be 30 men sent more than were wanting when you last writ to him. We have likewise discoursed with him on the subject of the mony you have expended for private intelligence, but as you have neither sent to him nor to us any particular account of that expence, we cannot proceed therein. So soon as you shall send to Capt. Gardner such an account, he will lay the same before H.M., and if it be referr'd to us, we will farther it all we can. We have considered the Acts you sent us, and shall lay our opinion thereupon before H.M., and particularly that that relating to the estate of Mr. Ivy decd. be confirmed. What you have done in relation to the fortifications is very commendable, and we hope that before this time the new line you were making is perfected. You complain, and we beleive with reason, of the deadness of our trade to the Spanish coast: but we wish you had been able to have explained that matter more fully; particularly how it comes that the Spaniard want mony now more than formerly. Is not the reason of their not buying of us, that they are furnished with European commodities from the French: may they not also be supplyed with the said commodities for Curacao and St. Thomas. What you say of 6 nimble ships of war for protection of tho trade, would undoubtedly be of service; but we very much question, that besides the squadron that attends your Government, whether such a number can be spared now. We observe what you write in relation to flags of truce, and can onely advise you, that when any arrive all the care possible be taken that they get as little intelligence of the state of Jamaica as may be: fo-¨ we do not think it proper you shou'd absolutely forbid them your Government. In relation to the ambergreece, we enclose the opinion of Mr. Attorney General (Nov. 23). In relation to the Members of the Councill that are Factors to the African Company or others concerned in the negro trade, we can onely advise you to pursue your Instructions, the Act of Parliamt., and such directions in relation thereunto as were sent you by the Earl of Sunderland (cf. April 21). What we desire in relation to the value of prizes is onely the best account you can give. We have transmitted to ye Lord Treasurer the accounts of the Revenue you sent to us. We are in hopes to hear a good account of La Vera Crux Fleet and of the pirates you mention, from the vigilance of your privateers. As to what you write us in relation to the lands claimed by Mr. Jones, we think it just and reasonable that he and others having lands in Jamaica should pay their quit-rents according to the Laws and Constitutions of that Island. We have no account of any intended expedition of the French against your Government. However in case such a thing should happen, we have no doubt of your care and zeal in the defence of the Island. We have received your letter of July 18 last, but not the duplicate thereof mentioned to be inclosed in yours of Sept. 8. You say, Sept. 8, that "ye great disputes betwen the Collectors of H.M. outward customs and the Captains of the privateers, as also the private sailors will be a disadvantage." We wish you had explained this; for we do not understand what the disputes are you mention, nor how they arise, you will do well therefore to give us more particular information if you expect that we should do anything in it. We have received the list of escheats you sent us, and are of opinion that you forbear granting the same, till you hear further from us thereupon. The reason is, that there is a proposal before H.M. for settling 1000 Palatines at Jamaica, the substance of the proposal is contained in the inclosed paper, and therefore till H.M. pleasure be known, we think it will be prudent to forbear regranting the said escheats. Enclose Order in Council repealing Act for quieting possessions etc. with reasons etc. (Nov. 18). [C.O. 138, 13. pp. 67–73.]
Nov. 25.
Antigua.
873. Governor Parke to the Council of Trade and Plantations. This is the minutes of the Councill to this day. Your Lordshipps will observe that at the last meeting I had the Assembly before the Councill, and before they were summoned I asked the opinion of the Councill what was to be done in case they refused to give me assurance, when I called them before me, to allow the Queen the negative voice; their opinion was to adjourne them, which accordingly I did. Now I begg leave to informe your Lordshipps that when they sent me word they would allow the Queen the negative voice, we had an account the French had taken Eustatia, but that morneing they mett (which was in two days after) we had an account they were only some privateers, that had taken Eustatia, and they were gone to Leeward, soe the danger was over; as to the answer they gave me, they would answer me in the house, this was bantering me, for they met together before I sent for them some time, and came to me in a body with the Speaker at the head of them; I told them I never would receive any message from them signed by a Clerke that was not sworne truly to enter what passed, for I have found the effect of not haveing a sworne Clerke upon severall occasions, and that Nivine in England in his and the seaven merchants' last petition to the Queen had the impudence to averr that the Assembly unanimously came to a resolution May 29, 1708, to lay before the Queen, etc., and that it was soe entred in their bookes, which if soe is false, for that severall of the Members doe avver they never came to such a resolution, so that haveing no sworne Clerk, and the Speaker keeping the Assembly bookes, he might enter what he pleased; and that I was refused coppys of their Journalls to send home as I am oblieged by my Instructions, and that the man that acted for them last as Clerke, declared on oath that he was forbidd to give me coppys, and the Speaker tooke the books from him. When I have Justice done me at home, they will doe their duty here, and not before, for every packett they recieve letters that I either am suspended or will be by the next packett. I designe to call a Generall Councill and Assembly of all the Islands, and they can make Laws for the whole Goverment; this is the only Island that pretends to this ridiculous priviledge, of the negative voice or signeing last, which is the same thing, for it is giveing the last sanction, and to act without a sworne Clerke. Signed, Daniel Parke. Endorsed, Recd. 2nd, Read 16th Feb. 170 9/10. 2 pp. [C.O. 152, 9. No. 10; and 153, 10. pp. 476–478.]
Nov. 25.
Antigua.
874. Governor Parke to Mr. Popple. Acknowledges letter of Sept. 14. I was mightily surprized when I heard my tryall was to come on before the Queen and Councill, of Sept. 5, without haveing the affidavitts sent me by the Lords; one of the affidavitts came to my hands, the which I can prove to be false, and the deponent perjured, but by such affidavitts all false articles must be supported. etc. Repeats part of preceding. Signed and endorsed as preceding. Addressed. Sealed. Postmark. 1 p. [C.O. 152, 9. Nos. 11 and 25; and 153, 10. pp. 479, 480; and 153, 11. pp. 38, 39.]
Nov 25.
Antigua.
875. Governor Parke to the Earl of Sunderland. I am heartily sorry for all the trouble your Lordshipp and the Councill has been put too on my account, etc. I hope the inveteracy of the stile the spirit of malice that appears in the whole charge will pass as evidence for me; but men who will not stick at assassinations will scarce make any scruples at perjurys, etc. But I need not feare Justice from them who administer it, etc., etc. Signed, Daniel Parke. 3 pp. [C.O. 152, 42. No. 12.]
Nov. 26.
London.
876. Majority of the London Proprietors of New Jersey to the Council of Trade and Plantations. Pray that Daniel Cox, Roger Mompesson, Richd. Townly, Peter Sonmans, Wm. Pinhorn, and Wm. Sandford be left out of the Council, as disturbers of the People. Mr. Sonmans is charged with oppression and maleadministration, and both he and Mr. Cox with having grossly abused the interest they had with Lord Cornbury to the prejudice of the rights of the Proprietors, etc. Set out, N.J. Archives, 1st ser. iii. 497. q.v. Endorsed, Recd. Read Nov. 30, 1709. 1 large p. Torn. Enclosed,
876. i. Petition of Freeholders of Middlesex to the Representatives of New Jersey against Mr. Sonmans. 41 Signatures. [C.O. 5, 970. Nos. 90, 90.i.; and (without enclosure) 5, 995. pp. 31–33.]
Nov. 28.
Queen Street, Westminster.
877. Commissioners for stating the Arrear due from King William, to Mr. Popple. We find in your demand of the arrears due to the Council of Trade and Plantations, a demand for the Earl of Stamford as one of those Commissioners on his salary of £1000 per annum from Michaelmas 1700 to March 8, 1701. We do not find his Lordship in the Exchequer Account among the other Commissioners, and therefore desire to know whether his Lordship was on the establishmt. with salary, or whether his Lordship might not be cleared that arrear. And observing that in the Exchequer account, John Lock Esq. is inserted as a Commissioner of Trade, and made to be in arrear from Midsummer, 1700 to March 8, 1701, with a Memorandum "if not dead or superseded," there being no demand made for him in your list, we desire to know the reason, and whether he was succeeded by the Earl of Stamford, any other, and the time when. Signed, Grery. King, Wm. Vanbrugh, Edmd. Williamson. Endorsed, Recd. Nov 28, 1709. 1 p. [C.O. 388, 76. No. 91; and 389, 36. pp. 449, 450.]
Nov. 29.
Whitehall.
878. Council of Trade and Plantations to Governor Parke. Acknowledge letters of 4, 16, 23, 24 May, 20, 26 and 27th June. As to the Assembly of Antego, we can only advise you to pursue the Instructions you have from H.M., which will be a sufficient justification to you. If there be any irregularity committed in the clothing or paying of the soldiers, which is a matter not properly in our Province, you ought to lay the same before the Secretary of War, in as particular a manner as you are able, that the necessary directions may be given for the relief and ease of the said soldiers. We are glad H.M. provision ships were arrived and we hope they have been a seasonable relief to St. Christophers and Nevis. The Acts we have received from you will be considered; the other papers you have sent us, which in any ways related to your justification, have been communicated to Mr. Perry etc. You will do well to use your utmost endeavours to convince the Assembly of the necessity of passing of good laws for setling of Courts, which is so much their own interest, for that without such laws, whereby persons may easily come to their right, the credit of the Islands under your Government will very much suffer. You have again fallen into the same error as that we complained of, Nov. 25, by admitting Mr. John Norwood into the Councill of Nevis, when it appears by our books notwithstanding the absence of Col. Smith, that there was 10 Counsellors besides the Lt. Governor upon the Island, and besides the said Norwood is not upon the list of those recommended by you. This is the more irregular in that we had already admonished you of it, and therefore we do not think fit to recommend him to H.M. till we are better sattisfyed in this matter; however we shall not offer any to be of your Councills who have signed the articles against you. We have acquainted Sir Charles Hedges with what you writ in relation to the Deputy Secretary, and Sir Charles has thereupon assured us to write to the said Deputy that he behave himself better for the future or that he shall be obliged to remove him, and you will do well to admonish all the other officers that unless they furnish you with copies of such papers as are necessary to be transmitted to us from their respective offices, we shall complain to H.M. of their neglect. We hear as yet of no complaint against the Lieut. Governour of Antigua, if any such do come to us, we shall not fail of doing him justice, and that he will not be censured without being heard, wherewith we desire you to acquaint him. [C.O. 153, 10. pp. 436–439.]
Nov. 29.
Whitehall.
879. Council of Trade and Plantations to the Queen. Report upon Acts of New York, 1708, 1709. Act for regulating fees. In Sept. 1693 a table of fees was prepared by the then Assembly, and sent to the Governor and Council, with their desire that the Governor would establish the same as the standing fees of the officers in that Government, which was accordingly done; and no complaint that we have heard of has hitherto been made against the same. The present Act reduces most of those fees so low that it is alledged 'tis very difficult, if possible, for the officers to live upon the profits of their places; and in many cases it allows no fees for several particular services necessary to be done. It lays a penalty of £50 upon any person who shall demand or receive other fees or sums of mony than are therein mentioned, and disables all practicers of the Law that shall do so from ever practising any more in that Province, tho' the Act itself is but for 3 years. It lays yet a greater hardship upon the said practisers at Law; for it enacts that none of them shall receive under the said penalty above 6s. retaining fees, New York money, and obliges them under the said penalty of £50 to accept the said retaining fee, if not already retained by the adverse party, tho' against a friend or nearest relation, and tho' the cause in their opinion be never so unjust. There are several other objections to this Act; but as we think these are sufficient to trouble your Majesty with at present, we humbly offer that your Majesty be pleased to signify your disallowance and disapprobation of the said Act, in which case the Table of Fees established in 1693 will be in force again. (2) An Act to releive this Colony from divers irregularities and extortions. By a clause in this Act, all the officers are prohibited from taking any fees but what shall be settled by consent of the people convened in General Assembly, and some positive law so enacted, etc. Whilst this Act is in force, no fees can be taken but such as are settled by Act of Assembly, so that if your Majesty shall think fit to repeal the foregoing Act for establishing fees, unless this be likewise repealed, no fees can be received by the Officers there, those of 1693 not having been established by a law, and therefore we humbly offer that it be repealed. In case your Majesty repeal the said two Acts, we further offer that your Governor now going over have an Instruction to reconsider the said table of fees of 1693, and with the advice and assistance of the Council, if need be, to prepare such another as may make a reasonable provision for the said officers, and be most agreable to the circumstances of that Province. (3) An Act to enable the Mayor, Aldermen and Commonalty of the City of New York to raise £600 in two years for the uses therein mentioned. (Oct. 1708). By your Majesty's Instructions the Governor is required not to pass any Act for levying of money without express mention be made in the Act that the said mony is granted or reserved to your Majesty for the publick uses of the said Province; and whereas the said Act grants tho £600 thereby to be levied to the Mayor, Aldermen and Commonalty for the use of the City of New York, contrary to this rule, we humbly offer that it be disallowed. (4) An Act for levying of £6000 (May 1709). The preamble sets forth that it is for defraying the charge of the intended expedition against Canada; it is therefore temporary and has had it's effect. But as there is a clause in it that directs that the mony thereby to be raised shall be paid to and issued by the Treasurer according to the value of money in the Act (1708) for regulating current coin which was repealed (March 3, 1708/9), we humbly offer that this Act be likewise repealed. (5) An Act for the currency of bills of credit for £5000 (1709). This is to give currency to bills for part of the £6000 in the foregoing Act, and therefore it will be proper that this likewise be repealed. Besides, this Law is compulsory, and enacts that the tender of the said bills for the payment of any debts whatsoever shall be as good and effectual in law as if the current coin of that Colony had been offerred; which is an intolerable hardship upon creditors who have already lent their mony or sold their goods under convenants or obligations of being repaid in the current mony of that Province. It is yet a greater hardship upon those who have lent their mony upon mortgages, that they should be obliged to give up that security for those bills. It is further enacted that the said bills shall be issued pursuant to the currency of mony in the last abovementioned Act; for which reasons we humbly offer that your Majesty be pleased to repeal this Act. (6) Act for levying £4000 (1709). This is for paying 487 men to be raised for the intended expedition to Canada, and is lyable to the same objections as the aforesaid Act (4).
There are other of the said Laws that are temporary and some of them already expired, and therefore do not require anything farther to be done thereupon. Recommend for confirmation 9 other Acts of 1708. [C.O. 5, 1121. pp. 455–463.]
Nov. 29.
Whitehall.
880. Council of Trade and Plantations to the Queen. Report upon Act of Maryland, 1708, ascertaining what damages shall be allowed upon protested bills of exchange, whereby 10 p.c. only is allowed to be recovered for costs, damages and interest upon all protested bills, whereas the other Plantations in America do allow some 20 p.c. (as did this Province before this Act), and others not less then 15 on all such protested bills. By this Law the persons who take bills of exchange will not get common interest for their money, in case the bills be protested, for it often happens that it is 18 months or two years from the time of drawing such bills before they can be returned, and the payment demanded, which is often not to be obtained by reason of the death of the drawer or indorser; and at the best the loss by disappointments is very considerable in trade. These are hardships which the merchants here complain of besides that there is an omission in the Act relating to the time within which such protested bills are to be returned into that Province, whereby the said Act is defective in a very material part. Therefore we humbly offer that your Majesty be pleased to signify your disallowance of the said Law. [C.O. 5, 727. pp. 141, 142.]
Nov. 29.
Whitehall.
881. The Earl of Sunderland to the Council of Trade and Plantations. Col. Hunter will attend you with some proposals relating to the Palatines, on which you are to report with all possible expedition, etc. Signed, Sunderland. Endorsed, Recd. Read Nov. 30, 1709. ¾ p. [C.O. 5, 1049. No. 137; and 5, 1121. p. 464.]
Nov. 30.
London.
882. Col. Hunter to the Council of Trade and Plantations. Proposals relating to the settlement of 3000 Palatines in New York. Kenebec River in the northern part of New England is beyond all dispute the most proper place for that purpose, etc. Set out, N.Y. Col. Docs. V. p. 112. q.v. Signed, Ro. Hunter. Endorsed, Recd. Read Nov. 30, 1709. 2½ pp. [C.O. 5, 1049. No. 138; and 5, 1121. pp. 465–469.]
Nov. 30.
Whitehall.
883. Council of Trade and Plantations to the Queen. Representation upon an Act of Virginia for establishing ports and towns. Recapitulate the occasion of it. See C.S.P. March 170 4/5 ff. In pursuance of Instructions sent to Governor Nott, this Act was passed in Virginia 1706, which extends much further than was intended by your Majesty's foresaid Instructions, for it is thereby enacted that each place therein mentioned for ports be established into a township or free burgh; that they have a market at least twice a week and a fair once a year; that the same shall have a merchant guild and community, with all customs and liberties belonging to a free burgh, etc. that all the inhabitants of the said ports shall be acquitted of ¾ths of the duties that all other persons shall be obliged to unless otherwise directed by the Acts imposing them; that they shall be acquit for 15 years from Dec. 20, 1708 from all levies to be raised by poll in tobacco, except parish levies where there are Churches or where Churches shall be built; that no dead provision either of flesh or fish shall be sold within 5 miles of any of the said ports or towns', but within the limits of the said town, upon pain of forfeiture of the said provisions by the purchaser, and of the purchase mony by the vendor.
We shall forbear to trouble your Majesty with any further particulars, the whole Act being designed to incourage, by great priviledges, the settling in townships, and such settlement will incourage their going on with the woollen and other manufactures there, we having for some years past received repeated advices from thence, that by reason of the low price of tobacco, they had fallen upon the making those manufactures, tho' we have from time to time writ to your Majesty's Cheif Governor of that Colony, to discourage and prevent their doing thereof as much as possibly he could. Wherefore should this Act be confirmed, the establishment of towns and incorporating of the planters as intended thereby, will put them upon further improvements of the said manufactures, and take them off from the planting of tobacco, which would be of very ill consequence, not only in respect to the exports of our woollen and other goods, and consequently to the dependance this Colony ought to have on this Kingdom, but likewise in respect to the importation of tobacco hither for the home and foreign consumption; besides a further prejudice in relation to our shipping and navigation. Upon the whole matter, having had the opinion of the Commissioners of your Majesty's Customs, who concur with us in these particulars; and in regard (as we have been informed) that nothing has yet been done in Virginia towards tho settlement of such ports; we humbly offer that your Majesty be pleased to signify your disallowance and disapprobation of the said Act. In pursuance of your Majesty's Instruction to the Governor of Maryland, 3 Acts have been passed there for advancement of trade and erecting ports and towns, 1706–1708, against which there are the like objections as to the forementioned Virginia Law, and therefore in consideration (as we have been informed) that there has been hitherto very little done in pursuance of the said Acts, we humbly offer, in case your Majesty shall think fit to repeal the Virginia Act, that these Acts be repealed also. [C.O. 5, 1362. pp. 438–442.]
Nov. 30.
Whitehall.
884. Mr. Popple to the Commissioners for stating the arrear due from King William. Reply to Nov. 28. The Earl of Stamford informs me that, H.M. was pleased to direct that the arrears due to his Lordship from King William for his place of Commissioner of Trade and Plantations, should be paid him, and that he has received the same. As to Mr. Lock, he laid down his place June 27, 1700, and was paid to the 24th. Mr. Prior succeeded Mr. Lock, and his Privy Seal, Nov. 30, 1700, directs that his salary shall commence from Midsummer, 1700. [C.O 389, 36. pp. 450, 451.]