America and West Indies
May 1710, 1-15

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Institute of Historical Research

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Cecil Headlam (editor)

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1924

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84-102

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'America and West Indies: May 1710, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 25: 1710-1711 (1924), pp. 84-102. URL: http://www.british-history.ac.uk/report.aspx?compid=73830 Date accessed: 17 September 2014.


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May 1710, 1-15

May 1.
Whitehall.
211. Mr. Popple to Isaac Addington. Acknowledges letters and public papers. Col. Nicholson, who is on his return to your parts, has promised to convey this letter to you, and will, I doubt not, give you a particular account of his negotiations here, with relation to the late intended expedition against Canada, and of what has been done in order to a revival of that undertaking. [C.O. 5, 913. pp. 235, 236.]
May 2.
St. James's.
212. Additional Instruction to Governor Hunter, revoking clause in additional Instruction of Jan. 26, directing him to take care that a clause be inserted in grants of land to Palatines declaring said grants void, if the grantee apply himself to the making the woollen or such like manufacture; it having been represented unto us that the inserting such clause is unusual and unnecessary, sufficient provision in that respect having already been made by the Laws in that behalf, etc. A. R. [C.O. 5, 210. pp. 207, 208.]
May 2.
St. James's.
213. Additional Instruction to Governor Hunter. Approving Representation of Council of Trade as to illegal trade and Flags of Truce, we strictly charge you that whenever you shall think it convenient or necessary for exchanging of prisoners or upon any other account whatsoever to send out ships with Flags of Truce to any Islands, Colonys or Plantations in the possession of our said enemys, you take particular care that no more goods or provisions be laden on board such ships or vessells than what shall be necessary for such their voyage, and that you do not under any pretence whatsoever offer or allow of any such traiterous and illegal practices as have been heretofore used of sending to our said enemies Islands, Colonys or Plantations any supplys of provisions or other goods whereby they have been assisted, comforted and relieved to the great prejudice of our good subjects in those our Dominions. A.R. The like Instruction was sent to the Governors of Jamaica, Leeward Islands, New Hampshire, Virginia, Barbados, Bermuda, and the President and Council of Maryland. [C.O. 5, 210. pp. 209, 210.]
May 2/13.
Fort Kykoveral, Rio Essequibo.
214. P. Van der Leyden Rezen to the Directors of the Dutch West India Company. Signed, P. Van der Leyden Rezen. Endorsed, Read Sept. 15, 1710. Dutch. 5¼ pp. [C.O. 116, 21. No. 1.]
May 2.
Whitehall.
215. Council of Trade and Plantations to Governor Dudley. Acknowledge letters of Jan. 31 and Feb. 3. We have laid before H.M. what you write in relation to the great expence the Provinces under your Government have been at for their defence and the late intended expedition against Canada, as also what you say in relation to the ready complyance of both Provinces with H.M. commands touching the said expedition, and what you say abt. your having a Quota of men superiour to the neighbouring Provinces and to the revival of the foresaid expedition, and must refer you to Col. Nicholson, the bearer hereof, for an account of H.M. pleasure thereupon. Refer to letter of Jan. 16, and proposal for the passing of an Act of Parliament for the preservation of mast trees in New England (q.v.). But this proposal being made towards the end of the last sessions, nothing was done therein. However, we shall early the next sessions again humbly propose to H.M. the passing of such an Act, which can only prevent the great spoile and waste in H.M. woods in those parts. Upon your recommendation of Richard Waldron, Winthrop Hilton, Joseph Smith, Mark Hunkins, and Thomas Packer, to be members of Councill of New Hampshire, we did propose accordingly (v. Dec. 1705, March 1707, 1709), and H.M. gave directions to a Secretary of State to prepare warrants for H.M. signature accordingly; but upon enquiry we do not find that any such warrants have been prepared, or that any person appear'd to solicite the dispatch of them, or to take out the same, if they had been signed by H.M.; wherefore you will do well to send us a list of such persons as you shall judge fitly qualifyed to serve H.M. in that station, and who will employ some person here to take out the warrant for the same; and when we shall have received such a list, we shall propose so many of them to be Counsellors, as shall be found requisite to make up the number 12 compleat. As to the Act passed by the Genll. Assembly of the Massachusets Bay in 1705, for the better preventing a spurious and mixed issue, etc., wherein there is a clause relating to a duty upon negroes, we shall take the same into consideration, with what you write thereupon, and give you an account of what shall be done therein. We are glad to hear from you that the supply of ordnance and stores of war sent by H.M. for New Hampshire are safely arrived there, and doubt not but the disposal you mention to have made of them in the Fort and elsewhere, will be for the service of the said Province; you have done well in taking and securing the thousand small arms sent by H.M. for the late expedition to Canada, which otherwise as you observe might have been lost; whereas they will now allways be ready as any future service may require. As you have from time to time with great care and diligence, endeavoured as much as in you lay, to promote the encrease and production of Naval Stores, so we doubt not but you will continue to do the same, and as occasion offers give Mr. Bridger all the assistance in your power in the due execution of his office. We have considered the Representation of the Principal Merchants of the Massachusets Bay to yourself, containing proposals for the farther incouraging the production of the said stores in New England, and are to acquaint you that, before the receipt thereof, we had laid before H.M. the substance of the principal matters therein set forth upon Col. Hunter's going over H.M. Governor of New York, and his taking with him 3000 Palatines, to be settled there at H.M. charge, etc. But we must observe to you, that what is proposed by the last clause in the merchants' foresaid Representation, is not likely to be complyed with here, nor indeed is it reasonable, to suppose that altho' the goodness and fitness of such stores be certifyed by officers in the Plantations, they will be taken or accepted into H.M. stores in this Kingdom, before their goodness and quality have been examined by persons appointed by the Navy Board to do the same. There is yet no complaint come before us, relating to the line of division between Connecticut, and your Government, nor do we hear that there is any before H.M. When anything of that nature shall be referred to us, you may assure yourself, we shall be ready to hear what you and the Assembly of the Massachusets Bay may have to offer thereupon, in order to the laying a true state of the matter as it shall then appear to us, before H.M. We are sensible you find it very difficult to furnish the Commanders of H.M. ships of war with men; however your endeavours to supply Capt. Teat is commendable, and all that we conceive you could do in that matter. [C.O. 5, 913. pp. 236–242.]
May 2.
Whitehall.
216. Mr. Popple to Govenor Dudley. Acknowledges letters. Mr. Collins has promised to lay before their Lordships a full answer to Mr. Bridger's complaint (v. Feb. 3), which so soon as he shall have done, you may expect a further account of that matter from their Lordships, etc. [C.O. 5, 913. p. 243.]
May 4.
Whitehall.
217. Mr. Popple to Mr. Carkesse. Enquires how the duties collected in Jamaica by virtue of the Act for the encouragement of Trade, are accounted for here, and applyed, and whether those duties were payable before the said Act. [C.O. 138, 13. pp. 114, 115.]
May 5.
Whitehall.
218. Mr. Popple to Mr. Burchett. Encloses extract of Governor Handasyd's letter. March 25, relating to the bad condition of H.M. ships, and the arrival of two French men of war. [C.O. 138, 13. p. 116.]
[May 5.]219. Petition of Merchants, Owners and commanders of privateers at Jamaica to the Queen. Upon the rumour of the encouragement given by the Act for the encouragement of the trade to America, severall hundreds of seamen, your Majesties subjects who were in the service in the Dutch at Curasow etc. quitted it and resorted to Jamaica, which some hundred of Forreigne seamen have done likewise, and severall inhabitants of this Island fitted out privateers and abundance of prizes were takeing from the enemy, particularly the French, whose trades in these parts, were it not for the advantage of useing the Spanish ports would be thereby entirely ruined. Untill July last noe customes or dutyes were exacted on any prize goods, except some dutyes laid on some particular comodityes by an Act of this Island passed April 14 last, which were demanded by Charles Chaplin, Receiver Generall and Collector of the Imposts of the Island. The said dutys, tho' they fall very severe in some instances, did not so far discourage your Majesties subjects but that they continued to annoy to a greater degree than ever was known before, and the owners of the said private men of warr have constantly divided among the marriners the neat produce of the respective prizes according to their agreemts., without reserveing any summes on account of customes and dutys, (other then those demanded by the said Chaplin), believeing either that no other customes and dutys were payable to your Majestie, or that your Majestie was graciously pleased to remitt them, because that noe demand was ever made by any officer whatsoever untill the above mentioned month. Peter Beckford, jr., Collector of the outward-bound Customes of this Island, gave out that he had instructions for the Commissioners of Customs not only to collect such customes and dutys as should become due and payable to your Majestie by vertue of the Act for the encouragement of the trade to America for the future, but likewise to prosecute all owners and agents for your Majesties ships of warr or privateers that have disposed of prize cargoes and not pd. the sd. customes and dutys. Very soon after Beckford pretended he had the above-mentioned instructions, one Capt. Charles Pinkeman haveing brought into the harbour of Port Royall a French prize, the Vigilant, and haveing according to the demand of the said Beckford made an entry of the said prize goods, he demanded for customes and dutys £25 p.c. ad valorem on all the said prize goods without exception, being made sensible of his mistake, he afterwards demanded 15 p.c. under colour of an Act of Parliamt. passed in England in the second yeare of your Majestie's reigne, which is expired, and actually collected of Pinkeman and his marriners £1,600 on pretence of customes and dutyes; this proceeding haveing occasioned a very great murmur and discontent, he refunded £400 to the captors, under pretence of finding out his mistake. The Commissioners of Customs have agreed with Beckford to allow him the third pt. of the said customes in lieu of a sallery, which occasions Beckford to be very rigid in the execution of the pretended office, demanding dutyes pro rata for all prize goods as they are sold here without regard to the book of rates, or the English prices and vallues, and prompt paymt. without any deduction or abatemt. whatsoever. One Capt. Darby Donovan, Commander of a private man of warr. the Charles, having brought into Port Royall a French prize, L'Aurore, being very leaky, the Court of Admiralty, on motion of the Captor's proctors, ordered the goods of the sd. prize to be landed, and appraised and put into a publick storehouse, as they are oblidged to do by the Act. Yet Beckford, on pretence that the goods were forfeited by being landed without haveing pd. the customes and dutyes procured a Justice's of Peace's warrant to seize them, altho' the Captors offered to make a due entry of the said goods and to give undeniable security to pay such customes etc. as should appear really due. The Clause relateing to the Customes and Dutys, there being no proviso that, upon the paymt. of them in this Island and certificate thereof given, allowance shall be made upon an importation of the said prize goods into great Britain, or an exemption from the taxes laid thereon by the Assembly here, contradicts the title of the American Act so far and is soe unhapily calculated with respect to the interest and circumstances of this Island, that if the sd. clause was put in execution with the utmost caution and care to render it supportable, it must be in time the certaine ruin of this Country. Beckford has been soe far from useing any tenderness in this affaire, that he has actually prosecuted some Agents for Customes and Dutyes, altho' they have actually accounted with their respective captors and made no deductions for the said dutys, and in severall instances exceeded both the intent and letter of the law, and by his threatening speeches and violent and arbitrary way of proceeding has alarmed the privateers to that degree that some of them have actually acquitted the Island, and the rest threaten to follow and enter into foreigne service, if there is not some speedy redress. As there will be an imediate end of privateering if the above-menconed clause in the American Act stands repealed, and the French have by the free use of the Spanish ports such advantage over the inhabitants of this Island by the way of trade that can only be ballanced by the encouragemt. of privateers, that if the sd. privateers should desert this Island, it would be extreamly exposed to the enemy, and its loss would be irreparable, Petitioners pray H.M. to give such reliefe in the premisses as shall seem fitt. Signed, Charles Gandy, Tho. Perkin, John Ramsey, Richard Sleign, Will. Hayman, Sam. Tudman, Peter Day, Tho. Simson, Alex. Hamilton, Robt. Tredwey, Tho. Tyldesley, Will. Crombie, John Beswick, John Willard, Tho. Fagg, John Yannes, Tho. Wells, Wm. Hall, Tho. Novell, John Lodge, John Ga, Wm. Lodge, Robt. Howard, Wm. Tempest, Tho. Colbey, Darby Dovanan, John Marshall, John Sparkes, Robt. Buckingham, George Hall, Garritt Moore, John Gibbens, Sam. Tynes, Edger Tipper. Endorsed, Recd. May 5, 1710. 2½ pp. [C.O. 137, 9. No. 1; and 138, 13. pp. 117–126.]
May 6.
Custom house, London.
220. Mr. Carkesse to Mr. Popple. Encloses following (cf. Feb. 25, May 4), relating to the customs payable by the Act for the encouragement of trade to America. The duties payable on prize goods in the Plantations by virtue of the said Act are applicable to the different fonds charged by the respective Acts that lay the same. They were not payable in the Plantations before the said Act. Signed, Cha. Carkesse. Endorsed, Recd. 8th, Read 9th May, 1710. 1 p. Enclosed,
220. i. Copy of the Solicitor General's opinion about the duty on prize goods in the Plantations. Signed, Jam. Mountague, May 25, 1708. Endorsed as preceding. 1½ pp.
220. ii. Copy of a presentment to the Lord High Treasurer, with his order thereupon relating to the duties on prize goods in the Plantations. Signed, Godolphin. June 14, 1708. Same endorsement. 1 p.
220. iii. Commissioners of Customs to the Officers in the Plantations about the duty on prize-goods there. Sept. 25, 1708. Signed, S. Clark, W. Culliford, J. Werden, J. Stanley. Same endorsement. Copy. 1 p.
220. iv. Scheme of the duties payable upon prize goods in the Plantations. Custom House, London. Nov. 11, 1708. Signed, by Order of the Commrs., Richard Savage, Secy. Same endorsement. 1¾ pp. [C.O. 323, 6. Nos. 102, 102 i.–iv.; and (without enclosures) 324, 9. pp. 432–434.]
May 6.
Barbados.
221. Governor Crowe to the Council of Trade and Plantations. By Capt. Span I received your Lordps. of Dec. 9, and immediatly ordered the entring in the Council Books those papers your Lordships was pleased to direct, as also the breaking of the Great Seal, which shall be sent per H.M.S. Greenwich, the new one is now in use, and that for Bermudas I have ordered to be sent per first good conveyance. By the extracts in your Lordps. of Jan. 19, I perceive the intelligence of an illegal trade at Curaçoa from H.M. Collonies, I have endeavoured what has in me layn to prevent it from hence, as I formerly advised your Lordps. Haveing no orders for any of H.M. ships to conduct me home, and least any delay should be numbred among the many crimes I am censured with, I intend to embarke on a merchant ship, Capt. Swan Commander, who is now loaden and will sail in three dayes for London, being the first that has offered for that Port since H.M. orders. The Councill has not thought fitt to pass the excise or Levy Bills from the new Assembly, altho' I have layd before them the necessity thereof at this juncture, their being no money in the Treasury, and it is but this very day that the three gentlemen has brought me their papers to attest to goe under the seal, notwithstanding my sollicitations for them long agoe. I shall leave all necessary instructions with Major Lillington, who is the first in H.M. Council, and hope so to acquit myself as to have the honour of continueing amongst, my Lords, your Lordships' Most obedt. humble servants, Signed, M. Crowe. Endorsed, Recd. 14th, Read 17th July, 1710. 2 pp. [C.O. 28, 13. No. 31; and 29, 12. pp. 114, 115.]
May 6.
Barbados.
222. Governor Crowe to the Earl of Sunderland. The Frankland Packet arrived here three dayes ago, but I was not honoured with any from your Lordship. The enclosed is a duplicate of my last, the ship I intend to imbarke on is fully loaden, so I hope to leave this Island in 3 dayes. Signed, M. Crowe. 1 p. [C.O. 28, 43. No. 40.]
May 8.223. Charles Mason to the Council of Trade and Plantations. Thes are to certifie that Capt. Edward Cowley was in Holland the last year of his Majesty's reigne, King William, for the carying on the designe of peopling and planting Tobago, and was very much encouraged by Charles, Earle of Maxellfild, [?Macclesfield, Ed.] who finding by the report of Capt. Cowley, the Governer, that severall in England did all they could to frustrat that undertaking, delivered a petition with his owne hands to H.M. att Loo, who received itt very graciously, and promised his Lordship itt should be according as was requested in the pettion. Capt. Cowley lived very handsomly and keptt the best of Company, which must be a great expence to him. Signed, Cha. Mason. Endorsed, Recd. Read May 17, 1710. ¾ p. [C.O. 28, 13. No. 26.]
May 9.
Whitehall.
224. The Earl of Sunderland to the President of the Council in Maryland. I enclose a petition of John Chidly and Peregrine Brown of London, merchants, who alledge that they are very unjustly dealt with by one James Frisby, who has defrauded them of a number of negroes to the value of £2700, I desire you will enquire into this matter, and give them all the assistance in your power towards the recovery of their just rights. Signed, Sunderland. [C.O. 5, 210. p. 211.]
May 9.
Whitehall.
225. The Earl of Sunderland to Governor Hunter. I have received the favour of yours of April 10th, and enclosed the Instruction you desired concerning the Palatines, and another (v May 2) etc. I have given directions to the Commissioners for the exchange of prisoners about facilitating Monsr. Varenne's exchange, and you may depend upon his being kindly used, and that all possible regard shall be had to your recommendation by, Signed, Sunderland. [C.O. 5, 210. p. 211.]
May 10.226. Sir Wm. Ashhurst to the Council of Trade and Plantations. I received some time since a Commission from the Assembly and Council of Massachusets Bay, empowering me to be their Agent here, but was obliged to decline, my health not permitting me. etc. However lest the Province should suffer in its interests, till the Assembly's further pleasure shall be known, I have desired the bearer, Mr. Dummer, to take upon him that post. He is a native of the country, and fully acquainted with all things relating to their trade and Government, and was desired to be assisting to me, if I had accepted of the Agency. My humble request is therefore to your Lordships, that you will please to order his admittance to yr. presence upon such occasions as relate to the Province, etc., etc. Signed, Wm. Ashhurst. Endorsed, Recd. Read June 6, 1710. 1 p. [C.O. 5, 865. No. 45.]
May 10.
Bristol.
227. Merchants of Bristol to the Council of Trade and Plantations. We beg your Lordships pardon for this trouble, which we give you at the request of the merchants in this City on acct. of the Trade to Newfoundland, wch. is much decayed of late years. We doubt not your Lordships' perticular regard for it, when H.M. shall think fit to treat of a peace with France, and your concurance with us, that if the whole country. islands and banks were subject only to Great Britain, it would very much advance the generall trade of this Nation and increase our seamen. Signed, Antho. Swymmer (?), Master of the Society of Merchants; Robert Yate, Wm. Dames. Endorsed, Recd. 13, Read 16th May, 1710. Addressed. ¾ p. [C.O. 194, 4. No. 134.]
May 11.
Antigua.
228. Governor Parke to the Council of Trade and Plantations. I here send the Minutes of the Generall Councill and Assembly, mett at St. Kitts, your Lordshipps will see the privilleges they insisted upon, if they be agreeable to the English Constitution, or not. I have had a hard game to play, my predecessours used to lett them do what they pleased, and found their account in it, for the Assembly in returne made them presents. I might have had presents too, if I had pleased to do the same things, for I was offer'd it. I must confess they acted more prudently, but I can't much commend their honesty, they betrayed their trust (for gaine) by giveing away the prerogative, and conniveing at a clandestine trade, and were quiet in their Government though they hardly kept any one of their Instructions, and had not any sent from home to fish for complaints against them. I (on the contrary) have followed all my Instructions, have punctually obey'd all my orders, have maintained the prerogative, have prevented their clandestine trade with the French and Dutch Islands, and have considerably increased the Revennue of the Crowne, and now behold my reward. The malefactors have claymoured, I have never been paid my sallary for house-rent, they have raised vast summs (and I don't doubt but some merchants of Curaçoa and St. Thomass's have contributed) to gett me out. by bribery, and what protection I have had at home, and what incouragement the Assassines have had there in carryeing on their complaints, the world shall know, and I have and shall spend more to defend myselfe then I have gott by my post. I may add to this the loss of the use of my arme by assassination, and Col. William Thomas. and that virtuous parson Mr. Field, who by all circumstances were the contrivers of itt, and fledd into England, there had their affidavitts taken against me, and it is given out, 'tis upon their affidavitts the order was made for calling me home, to answer to their false articles, as if a voyage of three thousand odd hundred miles were a trifle. I have once more called an Assembly for Antigua. I shall lay your Lordshipps' letter (about the negative voice) before them, I wish it had come some months ago; but I am of opinion, if they are pleased to allow the Queen that, they will start some other priviledge that I must not allow them, but however as I have all along done my duty, so I shall to the last moment I am in my post, etc. I had long since settled these Islands in an honest method of Government, and hurt nobody, if I had had the protection at home I ought to have had till it had apeared I did not deserve it. I must do your Lordshipps the justice to owne, I have no reason to complaine of your justice in the matter of the complaint, though they impudently gave out at first they had secured two of the Board that had dined with Nivine at Robert Chester's in the Citty; I confess I did not believe it when it was reported, and much less since, when I found they opposed the hearing before your Lordshipps: that was the wisest thing they ever did, for had the complaint been heard before your Lordshipps, they knew your Board would not have grudged time to have inquired into the bottome, and after a faire heareing have made a just report, which would have been no service to them. My friends write me word the order is that they are to signe the articles before wittness, and take their affidavitts publickly and that I have liberty to interrogate them, if it be soe, I shall be satisfied, provided I have justice at last, etc. etc. Notwithstanding all this clamour, and the great paines that has been taken, and vast summs expended, to make me apear a villain, a tyrant and oppressour, you will find at the conclusion I have all along acted with zeale for her service, that sent me here, and with a due regard for the good of the people, and that I have taken no man's ox nor ass from him, and as for tyranny, that is impossible, for no man has been punished, and yet here has been as base murders and other crimes committed as ever was heard off, but their jurys have allways accquitted them. One would think it were impossible that men should so openly and barefacedly perjure themselves, but yet they do, had I had authority, many that have signed the articles, had long since been hanged, and justly too, Tankerd some time since waylay'd a man, (a poor midwife's husband) and shott him because the man had sent to him for a debt he owed him, the man died, and Tankerd was carryed to Barbados in the Hector man of warr, tho' I told Captain Clarke of the action, but I suppose he found his account in it. Codrington (that Machivall) that was the author and contriver of all this villanny against me, is now answering for it, and a Vollpony (fn. 1) will he made takes place so that the most of his estate goes to those he mortally hated, before he died he was in great perplexity before he died to alter his will and accordingly sent six times for one to do it, but those about him prevented the messengers going. He lived like a wretch and dyed unlamented, and had not the pleasure to heare of the order for my comeing home, and they say he broke his heart, not being able to get the better of me, for the news we had before was, that I had intirely gott the better, and the complaint layd aside, and we were going all to be friends, till a Bristoll man arrived at Nevis, brought the news of this order, then they fired their gunns and drank my Lord Sunderland's health, etc., and the Generall Assembly, that was then sitting and going on upon bussiness, begann to renew their messages about their chimericall priviledges, etc. Had the news not come but for tenn days, I have reason to believe the Assembly had made some good laws, and repealed some very badd ones. I here send the Minutes of Councill of Antigua, to the 14 March last. Signed, Daniel Parke. Endorsed, Recd. 3rd, Read 7th July, 1710. 4 pp. [C.O. 152, 9. No. 24: and 153, 11. pp. 42–48.]
May 11.
Antigua.
229. Same to same. I have by this packett reciev'd three letters from your Lordshipps, Nov. 29, Jan. 19 and 24. In the first your Lordshipps advise me to follow my Instructions, which is what I have allways punctually done, and what relates to the soldiers that I ought to lay before the Secretary of Warr. Your Lordshipps may remember by my Instructions I am to send from time to time to your Lordshipps what relates to my Goverment, but that I might noways be wanting in my duty, I have not only severall times sent to your Lordshipps, but also to Mr. Wallpole, Secretary of Warr, and to my Lord Sunderland the Secretary of State, to informe them of the miserable state of the Regiment, but those great men never did me the honour to answer any one of my letters; I also writt to Mr. How the Pay master, so that the lives of a great number of the poor soldiers that have perrished meerely for want of their pay and cloaths does not lye at my door, nor shall I think I have done my duty till I have brought Col. Jones to a Court Marshall to answer for his false musters, and not paying or cloathing his Regimt. It is impossible for me to perswade the Assembly to do anything when every shipp for this 18 months past brings them news I am to be removed. Your Lordshipps very mildly reprimands me for falling into the same error as that your Lordshipp(s) complained off, Nov. 25th, by admitting Mr. John Norwood into the Councill of Nevis, when it appeared on your bookes there was tenn besides the Lieut. Governour upon the Island. I thought I had suffitiently satisfied your Lordshipps in my answer to that complaint, that I was guilty of no error then nor am I now, but what I did was agreeable to my Instructions, for there was but Six Counsillours on Nevis when I order'd Mr. Norwood to be swore, nor did I do it till I had recieved severall letters from the Lieut. Governour that he could not meet a Councill for want of Councillours. for there must be five besides himselfe to hold a Councill; I had the same reason for not recommending Mr. Norwood as I had for not recomending Col. William Byam. for at the time I sent your Lordshipps those lists, Mr. Norwood was not at Nevis, nor Col. William Byam at Antigua. After I sent those lists, Mr. Norwood was apointed Commissioner of the Customs for Nevis. and St. Kitts, and went and lived at Nevis, and it has allways been the custome to put in the Commissioner of the Customes into the Councill, and that was my reason and no other, for he is a stranger to me, nor shall it be any concerne to me whether he be confirmed or not. I have been so often affronted in matters of greater moment, this will be a trifle. Your Lordshipps sent me out an order to sweare four more into the Councill, which made them up tenn, but the order never came to me till some months after Mr. Norwood had satt, as will apear by the Minutes of the Councill of Nevis. I returne your Lordshipps my most humble thanks for your promise in not putting in any those that have signed articles against me. I have reciev'd a letter from Sir C. Hedges in relation to what I writt to your Lordshipps about his Secretary. What I writt is true, nor did I write all the truth, for I never could to this day gett a coppy of all the Laws to send to your Lordshipps, as I am oblieged to by my Instructions, tho' I have demanded them from time to time, ever since I came, allmost every time the Councill sitts, as his under-Clerk can justifie, and when the complaint went first home. I could not gett the Minutes of the Councill for 8 months together, and when I did gett them, I was forced to buy the paper, which cost me 30s., for he pretended he had no paper, nor would he buy any himselfe. In answer to your Lordshipps of Jan. 19, about clandestine trade, what is there mentioned is a trifle to what has been done. I have all along prevented that trade to the utmost of my power, and have in a great measure put a stopp to it, and in short this, and supporting the Queen's Prerogative is the greatest grieveance. If your Lordshipps remember, about 18 months since I writ from St. Kitts, wherein I gave you an account of one La Mount that came there with a sloope laden with dry goods from Curaçoa. I imediately ordered two wayters on board, the next day the Assembly mett, and were in an uproare, and were going to article against me, and did draw up a parcell of stuff, which I answered and made them ashamed of their articles, so that they never sent them home. Mr. Perrie (who has been Codrington's chiefe Instrument in all these claymours) when he was first made a Commissioner of the Customs for Antigua was a little zealous, in preventing the clandestine trade, but they soon made it his intrest to be quiet, and has given them no disturbance ever since I came. But on the contrary has discouraged those that I have sent to seize prohibitted goods, but I understand he is put into a very good post, he is made Surveyor Generall of the Customes, but I don't doubt but suffitiently to expose both him and them that have advanced him. I am oblieged to your Lordshipps for the concerne you express for my assassination, all the leading men of the party were privvy to it. I was shott at twice before, but I find instead of hurting their cause, it has done them a kindness, for as they give out, they have at last obtained an order for calling me home to answer their articles. If it be true, I hope I shall have damages given me in case they don't make out their articles. I shall only say now what I have all along. I desire strickt justice. However I am dealt withall. I will do myselfe the justice to print a true account of my administration etc., and then the world shall be judge, whether I have behaved myselfe well or ill, for I vallue my reputation more then all the Govermts. the Queen has to give. I am glad your Lordshipps has at last given me your opinion of my insisting upon the Negative voice, when that dispute first begann, I showed them that paragraph of my Commission which your Lordshipps mention, but to no purpose, they said they were in possession of it, for Governours allways allowed it them, and I was look't upon as a tyrant, for offering to take away their priviledges. I have long wayted for your Lordshipps' orders about the rioters, and have so long deferr'd calling a Sessions for that reason. If there be an order for calling me home, as my friends write me word there is, I admire that your Lordshipps or my lord Sunderland has not sent it me. Whatever the order is, I shall religiously obey it, etc. Signed and endorsed as preceding. 5 pp. [C.O. 152, 9. No. 25; and 153, 11. pp. 49–55.]
May 11.
Antigua.
230. Governor Parke to the Earl of Sunderland. I have not had the honour to recieve any letter from your Lordshipp since that dated Feb. 24, 1708. Acknowledges Seal. I have very often writt to your Lordshipp and Mr. Wallpoole about the deploreable condition of Col. Jones Regiment, that they were neither clothed, paid not recruited, nor the officers that are at home ordered to their posts; but I have never recieved any answer either from your Lordshipp or Mr. Wallpoole. The soldiers (in hopes of some reliefe) have at last petitioned me and the Councill so that I shall bring Coll. Jones to a Court Marshall for false musters, and not paying cloathing or recruiteing his Regiment, great part for want of which have perrished, and are reduced to about one third of a regiment, and many of them want armes. Though Mr. Wallpoole never did me the favour to answer my letters, yet I find care was taken to supercede all the officers I put in, though I took that care to give the Commissions as became their due, for I allways made the eldest Lieutennant Captain, the eldest Ensigne Lieutennant, and the Ensignes I made out of the young Gentlemen that came over and carryed armes in the Regiment for preferment. I had a nephew of my owne (who is no discreditt to the Regiment) yet before I gave him a Commission, I made him carry armes, and then made him no more then youngest Ensigne, in which post he has continued three yeare. I have not advanced him because I would do no injustice to the other Ensignes. One would think in four yeares (that I have had the command of these Islands) I should be able to preferr my own nephew higher then an Ensigne, but I must take it as a great favour he is that, for he is the only one that has not been superceded. I think the officers very hardly used as well as soldiers to have strangers put over their heads that never served, and some children. I was in hopes your Lordshipp would not have suffered such injustice to have been done the Regiment and my selfe to be so used when I had a warrant for what I did, not only by my Commission but by the perticular establishment of this Regiment signed by the Queen and Lord Treasurer. When first I had an account of the great number of Pallatines that were come into England, I writt to your Lordshipp that if I had a good number of them sent to St. Xphers, they would have been of great service to the Nation and to this Goverment, and there was good land enough there for them, but I had not the honour to recieve any answer to my letter, and since, I heare great numbers are sent to Carolina, where (submitting to your Lordshipps' better judgement) I thinke they will be of less service to England, then they would have been here. I am extreamly concern'd it has never been my good fortune to please your Lordshipp in any one thing I ever proposed. When the Union was on foot, I proposed the takeing of Martineque and settling it with the Scotch, for which your Lordshipp writt me an angry letter. I offered (with 2000 men) to take Porto Rico, which is a better Island (take it in all respects) then all these Islands, put them together with Barbados joyned to them, and I was morrally sure of success, but I have had Cassandra's fate never to be creditted. Since the arriveall of this packett, there has been great rejoiceing among those that have subscribed the Articles. Parson Field and Thomas has writt them word they had at last done my bussiness, they had an order for calling me home, they fired their gunns, and drank your Lordshipp's health, as their chiefest friend. I don't much wonder at their impudence, wretches that have no notion of honour, and will justifie assassination (as many of them have done) will do anything. Nivine (who is their Agent in England) has (at my table) justified the murder of the Arch-bishopp of Saint Andrews. Perrie (that was Codrington's chief Agent here, and Commissioner of the Customs), justified publickly King Charles' murder, and bid me take warning by him, upon which and their feasting on a calfe on Jan. 30th, my friend's called them the Calve's Head Clubb. This man is since made Surveyor Generall of the Customes, tho' ever since I came he has to the utmost of his power discouraged all seizures, and by his neglect lost a considerable summ due to the Queen from the late Collector. They give out he was preferr'd for quarrilling with me; had his quarrill arose from my discourageing the Custome-house Officers in their doing their duty it would have been just he should have been preferred, but the case is reverse. 'Tis true when he first had his Commission he was zealous in doing his duty, which was before I came, and the people were ready to stone him for it, but they soon made it his intrest to be quiet, and for this four year past he has been as deaf dumb and blind as they could wish; as to his personall virtues, since I came another man's wife, one Kate Atkinson, a notorious woman, has lived with him, and he has a mulatto bastard by one of Col. Long's negroe women. The only good thing I know in him is, as he proffesses himselfe a Presbyterian, and an enemy to the Episcopall Church and Monarchy, he never plays the hypocrite so farr as to recieve the Sacrament in the Church, this is his greatest merritt. I shall not trouble your Lordshipp more about him, till I publickly accuse him, which I will do as soon as I gett home. I admire your Lordshipp did not send me by this packett this order they so rejoyce at, when I recieve it, I shall religiously obey it; if it be in order to be truly informed of my actions, I shall have reason to rejoice provided I have justice done me at last, though I have the fateague of a 3000 mile's voyage, if not I shall take care the world at least shall know the truth. Signed, Daniel Parke. 5 pp. [C.O. 152, 42. No. 18.]
May 11.
St. James's.
231. Order of Queen in Council. Referring following to the Council of Trade and Plantations, and to H.M. Attorney and Solicitor General for their report. Signed, Chris. Musgrave. Endorsed, Recd. 14th. Read 15th Sept., 1710. 1 p. Enclosed,
231. i. Petition of Wait Winthrop, Elisha Hutchinson, John Leveret, and William Tayler, in behalf of themselves and the rest of the Associated Proprietors of that part of the Narraganset Country called the Mortgage Lands, to the Queen. Recount their concession and the commission appointed to enquire into it by Charles II., who reported in favour of Petitioners. "Since which all persons that pleased have settled themselves upon parts and places of those lands as seemed them best, and shelter themselves under the Government of Rhode Island, who pretend to protect them therein to the great prejudice and damage of your petitioners and their associates, who would settle towns and make great improvement upon the same, being generally good land and very capable thereof." Pray H.M. confirmation of the said lands pursuant to the report of the aforesaid Commrs. Copy. 2½ pp. [C.O. 5, 865. Nos. 49, 49 i.; and 5, 913. pp. 253–257.]
May 12.
Plymouth.
232. Col. Nicholson to [?Mr. Pringle.] Acknowledges letter of 4th, with H.M. Instructions relating to ye plunder. My lord Sunderland's letter to me and Coll. Schuyler I read to the Indians on board ye Royall Soveraigne in presence of Admirall Ellmore. I was in hopes to have reced. H.M. commands concerning the men of warr with us and those gon to Newfoundland our assisting one another. But I hope that affair will be adjusted and sent after us. Inclosed is a copy of a paper wch. my Lord Dursley was pleased to give me. But I suppose that the men of warr and severall of ye merchant ships are bound to Newfoundland, Port Royall and Canada. I am heartily sorry yt. I have reced. no orders about ye Chappell house and Indian fort for ye conveniency and securing ye two Missionarys because ye Indians do depend upon these things being gon about as soon as they arrive there, and that ye two Ministers be sent to them with all possible speed. I desire that you'l be pleased to communicate these affairs to my Lord Sunderland, etc. Signed, Fr. Nicholson. 1½ pp. Enclosed,
232. i. [?Paper referred to in preceding as communicated by Lord Dursley] Rochell. April 22. 1710. Monsr. Du Clair's squadron is ready to sayle with ye first fair wind and consists of five of the [French] King's ships (enumerated). It is said these ships are bound for Brazill to possess themselves of an island or some other place where there are gold mines, they are victualled for 7 or 8 months, etc. It's certaine nobody but Monsir Du Clair himselfe knows where he is to goe. There are here a great many merchant ships that will saile with him, three or four that carys from 18 to 24 guns and men proportionably are bound to St. Domingno, one of 26 guns is bound to Guinia, and is to cruize for two months being man'd with 110 men. There are likewise some ships from Nantz and Bordeaux that are come to joine with them, and they will make up a fleet of about 80 ships. They have been frightened with an English squadron said to be at sea, but it is not known whither that will hinder them from putting to sea. Details of other French ships arming at Rochfort and Dunkirk. Copy. 1¾ pp. [C.O. 5, 9. Nos. 52, 53.]
May 12.233. Mr. Solicitor General to the Council of Trade and Plantations. Reply to March 22. Having heard Mr. Baber on behalf of himself, of Mr. Compier, the Receivour General of Jamaica, and of Mr. Winter, Clerk or Register of the Court of Chancery there, against the Act for regulating fees, and Col. Lloyd and Mr. Aylmer, one of the members of the Assembly, for it, and having compared this Act with that of 1684, I most humbly certifie that in my humble opinion the officers have no reason to complain, for this Act is more for their fair profit and advantage than the former; But the clauses which oblige lawyers to take retaining fees under a penaltie, and restrain Plaintiffs from retaining more Council than one, till 10 days after a declaration be deliver'd to, or a subpoena in the cause serv'd on the defendant, and the clause which requires certain qualifications in writing clerks, seem to me to be very unreasonable, and there is nothing in the law or practice of England, which favours any such regulation. I have no objection to any other part of the Act, but think it reasonable and for the good of the Island. Signed, R. Eyre. Endorsed, Recd. 13th, Read June 15, 1710. 2 pp. Enclosed,
233. i. W. Popple to Mr. Solicitor General, March 22, 1710. Duplicate. [C.O. 137, 8. Nos. 7, 7 i.; and (without enclosure) 138, 13. pp. 134–137.]
May 12.234. Mr. Solicitor General to the Council of Trade and Plantations. Reply to April 24 q.v. I have consider'd of the Charter of the Massachusetts Bay, and humbly conceive that the words "private persons" must be construed to mean "particular persons," and not bodies politick, touns, villages, colleges, or schools; but 'tis my humble opinion that the Crown has no more power to cut timber upon the lands granted to bodies politick, etc., under the two former Charters, than upon the lands granted to private persons, for when the inheritance of lands was granted or disposed of by virtue of former Charters, in which the trees growing upon the lands within this province or territory were not reserv'd to the Crown, the trees pass'd as part of the inheritance, and an exception or reservation in a subsequent Charter can't deprive the Proprietors of their interest in those trees which was well vested in them before. The clause (referred to) therefore can be of no consequence in regard to any trees growing upon lands granted by vertue of any former Charter, but will have its intended effect upon all grants pass'd under this. Signed, R. Eyre. Endorsed, Recd. 13th, Read 15th June, 1710. 1¾ pp. Enclosed,
234. i. Duplicate of No. 205. [C.O. 5, 865. Nos. 46, 46 i.; and 5, 913. pp. 244–247.]
May 13.
Barbados.
235. Wm. Sharpe, Alexander Walker, and Saml. Beresford to the Council of Trade and Plantations. You will permit us the honour of laying a true and full state of our complaints against Mr. Crowe, with all the proofs for maintaining our Representation delivered to himself, Sept. 1, 1708, which we were so happy to have H.M. approbation thereof. Your Lordships will please to observe Mr. Crowe's disobedience to H.M. repeated orders through the whole course of his Government, as well as in this affair, and our punctual observation on them, for he not only disobeyed H.M. Order of restoring us to the Councill, but also rejected the methods which H.M. had prescribed for an impartial examination into our complaints, which disobedience H.M. was pleased to resent (cf. Jan. 22, Feb. 19, July 2, 1709), and to order him at his peril to restore us to Her Council, etc., which Order we delivered to Mr. Crowe, Sept. 22 last, and press'd him in Councill, Sept. 29th, to enter H.M. Order in the Councill Books, and to give the necessary directions thereon, but he then refused to do either, upon which we petitioned him Oct. 11, of which he took not the least notice, till the 27th when a vessell arrived, and brought an account that H.M. had been pleased to recall him from his Governmt., and to appoint another method for transmitting our papers. Then indeed Mr. Crowe on the 28th issued his Orders to Mr. Beckles pursuant to our foresaid petition, since which time we have been using our utmost endeavours to get these papers finished. But having many persons to deal with, together with their great distance from the place of the Judge's residence, the searching several offices for certificates and other Records, our often attendance on publick affairs, but cheifly the apprehensions people form'd to themselvs from the Governour's, and his Party's arbitrary tempers, prevented us from laying these papers before Mr. Crowe till the 4th instant, when we delivered them to him in Council, and prayed that he would give us copys of the depositions, proofs and other papers he had sent home against us; but, according to his usual manner, he refused the same, and ordered us to attend him at Pilgrims for the seals, which we did. Your Lordships will please to observe that Mr. Grace, Clerk of the Assembly, was only summon'd to appear before ye Govr. to prove the Minutes, which he had attested; but by a management of H.E. and his creature Mr. Downes, Mr. Grace was sent out of the way the preceding night, notwithstanding which contrivance, immediatly after the testimonials had been writ and the seals affixed thereto, Mr. Grace came, who not being appris'd of the Governor's design, seem'd to resent the usage very much, saying the Governor knew very well where he had been, and upon what occasion, and offered to be sworn to the Minutes. And though Mr. Sharpe and Mr. Walker (Mr. Beresford being absent thro' indisposition) several times earnestly prest the Governour, that Mr. Grace might be sworne to the Minutes of the Assembly, yet he refused the same, saying with a great deal of warmth, that he had something else to doe, than attend us. Refer to Minutes, their Representation and the Report of the Board of Trade in detail. Since the delivery of our letter and papers on the 4th inst. to Mr. Crowe, he takes all possible measures to discountenance those who have either the honour or resolution to obey H.M. orders, an instance whereof will appear from the deposition of Mr. James Brown, whom he ordered to be summoned to take the oaths on pretence of his being a Jesuit. This looks the more arbitrary on this occasion, when there's not the least grounds for the same: and that Mr. Crowe keeps one Domingo Vaus, a profess'd Roman Catholick, as his darling servant. 'Tis not strange to see Mr. Crowe go on in a continued course of disobedience, when he has the mobb and militia of a country, so much at his beck that he can prevail on them to sign an Address in his favour in contempt of your Lordships' report, H.M. gracious approbation thereof, and Royal Order for his return to answer our reports. We hope your Lordships will lay before H.M. the dangerous consequence of drawing such a crowd of poor, illiterate, ignorant servants, and other people together into arms, as was done on the 6th inst., where their Commanders brought Addresses ready drawn to the heads of their several Companys, the truth whereof such miserable poor souls cou'd never know, however apprehensive of their officer's power, they signed the same. The same people so influenced by a like authority might be brought to sign any Address whatsoever, etc. Appeal to the Board's protection. Signed, Wm. Sharpe, Alexander Walker, Saml. Beresford. [C.O. 29, 12. pp. 232–244.]
May 13.
(N.S.) Rio Essequibo, Fort Kykoverall.
236. P. Vanderheyder Réze to the Dutch West India Company. With 19 enclosures. Signed as above. Endorsed, Read, Aug. 21, 1710. Dutch. 4½ pp. [C.O. 116, 21. Nos. 3, 3 i.–xix.]
May 15.
Boston.
237. Col. Vetch to [? the Earl of Sunderland]. I cannott but still judge it my duty by every opportunity that offers to let your Lordship know the state of these Governments to which I had the honour to bring H.M. royall commands; which were then loked upon by them as the best news ever came to the Brittish Continent, but the non-arivall of the promised fleet and troops is like to prove the reverse of the same, not only by reason of the vast expense it ocasioned, which all proved to no purpose, but by giving the French the alarum, they are now not only better secured against any attempts can be made upon them, but more frequent in their attempts against thiss country particularly by sea, in so much that within these five days last past they have taken nine vessels in thiss bay within fifteen leagues of thiss town, which it is almost impossible to prevent while the French possess Port-royal; for att the same time besides the man of warr that attends thiss station the country maintain a good sixt rate galey and a sloop with 70 hands: only to guard thiss bay. The season being so farr advanced, without my having the least orders, relating to the Expeditions being renewed, mightily discourages all the people who had so readily complyed with H.M. orders last year, and were in hopes of having the enterprize renewed thiss spring. If peace should putt a period to the design I should be glad to receive your Lordship's commands, how to dispose of the provisions and other preparations I have made here conform to H.M. orders; which I doubt not will be wanted, towards the reduction of some parts of New Spain; towards which I should be verry ready to contribute my mite of advice and assistance having bein formerly uppon that coast: but if H.M. shall not think fitt to prosecute any of these two projects: I hope your Lordship will please to countinance me with your recommendation to H.M. for some of the vacant Governments in America, in any of which I doubt not to approve myself deserving of the same. P.S. Give me leave to beg your Lordship's favour and justice to me with H.M., and my Lord Treasurer, that since I am here oblidged hitherto to maintain the rank and character of a generall officer, my pay and allowance may be accordingly, etc. Signed, Sam. Vetch. Holograph. 1 p. [C.O. 5, 9. No. 54.]
May 15.
Whitehall.
238. Mr. Popple to Mr. Carkesse. Enquires what difference there is in the duty on prize goods and in those imported as merchandize, etc. cf. May 6. [C.O. 138, 13. p. 128.]

Footnotes

1 Vollpony = Volpone. cf. Ben Jonson's play of that name. Ed.]