America and West Indies
August 1710, 16-31

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Institute of Historical Research

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Cecil Headlam (editor)

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1924

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161-185

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'America and West Indies: August 1710, 16-31', Calendar of State Papers Colonial, America and West Indies, Volume 25: 1710-1711 (1924), pp. 161-185. URL: http://www.british-history.ac.uk/report.aspx?compid=73836 Date accessed: 19 April 2014. Add to my bookshelf


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August 1710, 16-31

Aug. 16.
Antigua.
344. Governor Parke to the Council of Trade and Plantations. According to H.M. directions transmitted me from my Lord Sunderland by one Nivine, the Complainants against me have made a scrutiny into my life and conversation, as well as into my administration of this Government. By a modern Court of Inquisition wch. cannot but appear very severe to me, by debarring me from the benefit of the laws, which every Englishman but myselfe claimes and enjoys, by incourageing others to vilifie me, whilst I am forbid bringing my action against them with a sort of a non obstante to all the laws, and which is as highly prejudiciall to H.M. service, by exposing her authority in the person of Her Chief Governour to great contempt, while his name is posted like an outlaw in the common market, where everyone is invited to abuse him to his face, and where such scandalous rediculous lyes are publickly told as no one private person cou'd bear with: which in a country of so much licentiousness as this, where the laws with so much difficulty are put in execution, and where the Magistrate will always be hated who therein does his duty, must be of very ill consequence: for the fear of so severe a tryall or inquisition of the most trivial words and actions may make some Governours preferr enjoying their Government in peace and quiet, and letting every man do what they please, rather than by exerting the laws, administring and maintaining Justice and supporting the Queen's Prerogative, make his life be raked into in so contemptible a manner by a sett of people who neither stick at perjury or murther to procure anything they are sett on. So plainly does this modern Court make it ye interest of the Chief Governour to be remiss in his duty and rather consult pleasing the people than what may be for H.M. service, and the honour and interest of the British Nation. I do not, my Lord, pretend to be infallible, and there are very few who do not sometimes say or do what might be better lett alone, but I have had such guard on my behaviour since I have found who I had to do with, that the impartial world will wonder that a people who will betray common conversation, and who plead a power to force my most intimate friends to do the same, have been able to make out so very little against me. And I shall have the happinesse by these Articles to show H.M. what labour I have undergone to maintaine Her dignity and Her laws, and that I have preferr'd Her honour and service to my own quiett and advantage, and that I wou'd be neither bribed nor frighted from it: of which my assassination and my refusing the present they wou'd have made me to have quitted H.M. negative voice are ample prooffs. But I need not trouble your Lordship by defending myselfe against this Article made great with the specious name of priviledge of the Assembly, the Lords of Trade having resolved it was my duty to preserve the Queen's negative voice against all the attempts of an undutyful people, as their Lordships express it. But before I can consider their Articles and set them in their true light, I am obliged to observe to you how strangely they used the power they imagined the Queen's Order had given them, and how they laid it down as a principle on which all their management turned, to reduce me to the necessity either of staying here behind the Fleet, and to seem thereby to faile in my regard to H.M. Order, or to appear before Her covered with crimes they had just started, and which they allow'd me not an hour to cleare myselfe from. But 'tis my Lord my happinesse that my conduct is to be examined by a Board not to be imposed upon by such insinuations, and who have already show'd my enemies they determine nothing ex parte. And tho' I am fully satisfyed that they will deafen your Lordshipp with clamours of my disobedience and eluding the Queen's Orders, I will willingly put it on the issue, that if they can in any wise make that out, I be esteemed as guilty and condemn'd accordingly, provided they will give H.M. no further trouble if I make it plain to a demonstration, that from their first arrival with the Queen's Order they have laid all their designs to make my return with this Fleet impracticable, by loading me the very day the Fleet sailed with such fresh accusations, that I ought forever to be excluded from H.M. favour, if they were true, and which they wou'd have alledged ought to be took pro confessu, if I had come over without attempting to answer. Nothing my Lord can be plainer than that my adversarys well knew that the men of warr were to attend the Fleet but 60 days in these Islands. And as they were mightily pleas'd with ye Queen's Order about my return, they also knew the limitation of it, that in each Island in my Government, notices were to be fixed on the publick Court Houses for any person whatsoever to make deposition against me, and H.M. according to Her usual Justice in the said Order expressly allows me a liberty to cross examine all such persons, and to take such depositions as might be necessary for my defence, and then interchangeably to fix the Broad Seal to both, after which the Order was express, I should return with the first man of warr. Therefore those 60 days ought to have been divided by my adversaries that I might had time to make my defence against whatsoever they wou'd charge me with in each of these Islands, and tho' this by way of distinction may well claim the title of the Clamorous Isle, yet the three days expressly ordered by H.M. for a publication and for notice on each side, takes up an entire week, altho' they should finish their complaints and I my defence in one sitting. Thus your Lordshipps see that the three Islands as necessarily took up a month among them, allowing a week for sailing from one to the other, as the sun takes up 24 hours for his diurnal course. And it naturally follows that my enemies ought so to have regulated their complaints here that I might have answered them within the first month, that I might have proceeded in the next to the other Islands. Your Lordshipps will also certainly agree with me that as my enemies should have endeavoured to have dispatched what related to this Island in a month, they ought to have finished their complaints in halfe that time, that I might have had the rest to answer in, forasmuch as 'tis easier to bring in depositions to a charge already form'd from them, than to find such prooffs as are requisite to invalidate such a charge. And altho' three days notice was directed to be given before every hearing, they might (de die in diem) have put up fresh notices, and have had more sittings and took more depositions than they have yet got against me, altho' they would not have bated their stories of cocks shedds and rumps of beef, and other triffles wherein I am never named, and which are too mean to move a laughter, unless for their exposing themselves. But from the first so farr were they from designing a dispatch, that altho' the Fleet came here the 27th of May, they so loytered away their time that I had no copies of any depositions taken by them till June 19th following at night, before which I could not begin my defence, and the very next day I put up my publication, and as it took up the whole day, I dispatched more businesse in it than they had in three sittings. I then told them how much time was run away, and observed to them how little they did in their days, and how easily they might long before have given me fair copies of their first depositions, and particularly told Mr. Nivine that these delays must needs be designed by him, by spinning this matter to a tedious length to amuse his clients, and gett what he could of them. But the repetition of their delays are so many, I will not trouble your Lordships with them, for you will find that they deferr'd till the week before the Fleet was to sayle, depositions that appeared of most moment which required the longest time to answer, and which they might have as well brought in the first day. And I then complain'd that altho' I cou'd not begin my defence till above three weeks after they might have begun their charge for want of copies of their depositions, and that by such an advantage in time they might have given me copies immediately after their taking them, yet they then had not delivered those of their three last sittings, tho' I had of mine to that very day. You see, my Lords, how very near the two months were expired, and the businesse of the first Island not finished, yet this did not prevent my attempting it, and desireing 'em to fix a time to compleat their charge that I might conclude my defence, and have the liberty H.M. gave me to return with the Fleet, and answer for myselfe, for as I was not conscious of deserving any complaint, or that there was any in those Islands, who had so lately solemnly acknowledged what I had done for 'em, who cou'd be perswaded to complaine against me. I flattered myself that nobody would appear on their publications, and that possibly I might still have the happinesse to return with the men of war, for I need not describe to your Lordships what uneasyness a man of honour must lie under who knows that he is villanously reflected on before them he has the highest regard for, when he cannot appear to confront them. But they were not pleased either then or in their last sitting to tell me when they designed to finish, knowing I could not conclude my defence, till I had their charge, which they resolved should not be till the Fleet was gone. Thus, my Lords, till the end of two months, till the man of war was sail'd that was ordered to carry me, I did not receive copies of the last depositions they had taken against me here, nor the new additional Articles, nor did they once tell me they had any new Articles forming. So impossible did they make it for me to finish my defence against the charge of the four Islands, when they had not compleated their charge against me in one. But during this management they made a step that must surprize you when explained. They sent an Agent down to the other Islands to take depositions, without regarding the Queen's Order and the liberty that order expressly gave me to cross-examine them. Mr. Nivine indeed told me in Court of his design, and I assur'd him I should go down to those Islands as soon as he cou'd dispatch the business of this. And as they could not be so stupid as to think I cou'd attend 'em here and at the other Islands at the same time, so neither cou'd they imagine I could depute any mortal who I could instruct to make a defence against a charge not made, and who could know what persons cou'd contradict it, and by counter-depositions and by plain reason confute what should be alledged before it was alledged. For tho I knew my own innonence. and that they cou'd therefore charge me with nothing I cou'd not set aside, 'twas evident from what I had here been accused of and fully answered, that the wisest man alive who had heard the charge cou'd not by any meanes have known how plainly and by what wittnesses cou'd disprove and contradict them without my telling him, much less cou'd I depute anyone to answer what I no more than they knew nothing of. You see my Lords to what a heighth of rediculousness these people are arrived. for while this is one of their charges, they in effect article against me for not being omniscient, or for not being able to depute somebody that was so. And their pretending to take depositions on any Island, where I was not on the spott, and cou'd not cross-examine and take counter-deposi tions is not only eluding H.M. Order by quibbling with the liberty allowed me to depute any person to appear for me, which can only be supposed on the Island where I am, any other deputation I having so plainly proved to be in itself impossible, and contrary to the eternal law of equity, that always will allow to whosoever is accused of any crime, a fair oppertunity of answering it, and for which the reign of Her present Majesty will to the latest ages be glorious. But I have to do with a sett of people who always wou'd lay me under impossibilities because I cou'd not go down to the other Islands and be here at the same time, nor instruct anybody to answer accusations before I knew them. They bring before the Justices of this Island affidavitts taken in the other three. To those that have not had the misfortune to be used to their little designes, 'twill not easily appear what they could mean by it. They will scarce allow my denying the truth of those depositions, nor giving reasons to prove them rediculous to be a full answer to them. They also knew the people who I should interrogate or bring as wittnesses were on the Islands where they took their respective depositions, besides the Fleet was to sail the next day, and that the wittnesses cou'd not so soon be brought up to Antigua 25 leagues distance and in the wind's eye, nor that it was reasonable they shou'd, or indeed cou'd be forced to such a voyage, and that the Queen's Order made no distinction, or gave Antigua any preference to the other Island. No, my Lords, all these things are evident, but they resolved since I had answered all ye depositions they had taken when the time H.M. allowed me gave me an oppertunity to do so, that they would send home a new sett of accusations without their answers, and carry that by their insinuations they never could with their proofs. They further designed by their not finishing here till the last day, and bringing those foreign depositions to reduce me either to stay behind the Fleet and from thence insinuate I failed in my obedience to H.M. and disregarded her orders; or if I went with the Fleet without any prooff to contradict the depositions of the other Islands, that was because I cou'd get none. But they have yet a further designe by asking the Broad Seal to be affixed to what by no meanes it ought, they might have a fresh pretence that I regarded not H.M. Orders. At five the night the Fleet sailed, they came with their depositions for the Broad Seal. I told them 'twas certainly reasonable I should examine what I put the Broad Seal to, and see that it was put to no papers but what were publickly taken pursuant to H.M. direction, and that in the meantime the Justices they had chosen (one of which was the first that signed against me) might examine mine, and the Broad Seal be put to both together: they alledged there was not time to examine them, and I told them they should have brought them sooner, and that I had sent for their Justices to examine mine, which I showed them were ready, but they being employ'd on theirs could not come, tho' in modesty I might have expected their priority. I added, as I should have scorned to have set the Seal to my papers had they been first examined, when theirs were ready and wanted only a reading, so would I not suffer by their Justices giving theirs the preference, nor put the Seal but on both together according to H.M. direction, which I would do as soon as mine were examined. For I depended so much on the justice of my cause, I had my depositions taken before the very Gentlemen chose by my adversaries to take their depositions against me, tho' they were my professed enemies. But your Lordships have (I presume) before you the reason I gave them, and the depositions annexed, wch. I sent by the Arundel, and is mark'd No. 189, 190, in the depositions the Seal is fixed to, wherein it appears I offered to put the Broad Seal to both, and send them after the man of war, who must stay a day or two at St. Kitts to make up the Fleet. But it was doubly for their interest not to have the Seale that would have took from them their pretence, that I had disobeyed H.M. Orders on which they chiefly depended: and as I can't conceive what reasons they could have given me to put the Seal to depositions taken in the other Islands ex parte contrary to the Queen's direction: if they had offered any pretended reasons for such a request, they wou'd have exposed themselves, or if they had dropped such depositions they would have lost their second hope. But they had another reason not in earnest to desire the broad seale which compleats the mistery of iniquity. They had deferr'd some depositions so long least the Fleet shou'd stay longer than they expected, it being their fixed resolution never to finish with this Island till the Fleet was ready to saile, that it might not be possible for me to go to the other Islands to finish and saile with it to England, so that when the Fleet was really ready to saile, several such depositions of theirs not being made, they had not time to appoint another day to take them, and they were of too much moment to be lost, the Gentlemen they kept in Petto to swear at their last extremity when they saw the Fleet sailed without me, gives reasons in his depositions why my affaires wou'd not permitt me to go to England, tho' no one knew better than he that they themselves much against my inclination made it impossible, and that the reason he gives is as far from the truth as any he could have invented. These Gentlemen, therefore, had reason not to stay for the Broad Seal's being fix'd to their papers, for even they themselves would have been ashamed to have asked it for depositions taken against all the rules they pretended to be governed by, so they must have lost by it. This weighty deposition with the rest they took in private, which could never have appeared before you, but branded with all the marks of a willfull disobedience to H.M. Order, if the rest had had Her Seale annexed to them and these not. But Mr. Nivine's Seale was fitter therefore for their purpose, and the deposition No. 204 shews you how he obtained it, by which with an impudence peculiar to themselves, he setts aside all H.M. precaution for truth by having it in his power to put it to depositions that never appeared in the manner prescribed by Her, but why do I say in his power, when 'tis notorious he so vilely used it. What is of most weight in the deposition aforementioned of Capt. Buor relating to quarrells is sufficiently contradicted by the depositions of several Gentlemen which as fully clears me from that scandal as the nature of it will bear. And tho' all that deposition is very Jesuitical and cunningly worded, he unwittily proves for me that none of them that are stiled my Friends have in any quarrels they have been in since my having the Government ever kill'd any person, or been pardon'd by me; which would have been more to their purpose than saying I only made a promise. But as the pardon of murder is excepted in my Commission, that Gentleman's ignorance led him into a perjury he would otherwise have avoided, and which thereby is proved on him. Thus tho' 'tis easier for them to charge me with designes than actions, because they may plainer and more fully be contradicted, yet the design they here charge me with being proved impossible, fully convicts them, but men reduced to such shifts must appear contemptible to an understanding like your Lordships', to whom I willingly submit my answer to the Articles. Signed, Daniel Parke. Endorsed, Recd. Oct. 26, Read Nov. 10, 1710. 11 pp. [C.O. 152, 9. No. 33; and 153, 11. pp. 75–94.]
Aug. 16.
Antigua.
345. Same to the Earl of Dartmouth. Duplicate of preceding. [C.O. 152, 42. No. 37; and (duplicate) 39.]
Aug. 16.
Antigua.
346. Governor Parke to Mr. Popple. I beg the favour of you to let my agent Mr. Micajah Perry or his Solliciter have what papers I shall from time to time direct to your board, for tho' the Complainants durst not venture their cause to be heard by the Lords Committee, well knowing they would spend time to inquire into the whole truth, however I have sent what affts. cou'd be then got ready by the Arundel directed to the Lords, and shall send my answer by the next packet that if their Ldpps. have the cureosety they may read them, etc. Signed, Daniel Parke. Endorsed, Recd. Oct. 26, Read Nov. 10, 1710. Holograph. 2 pp. [C.O. 152, 9. No. 34; and 153, 11. p. 95.]
Aug. 16.
Antigua.
347. Same to the Earl of Dartmouth. By a shipp from Ireland lately I had by accident two or three of their gazzetts, and the agreeable news of your Lordshipp's being Principall Secretary of State, etc. Compliments and congratulations. Refers to depositions, etc. P.S. Your Lordshipp will find in the depositions I have sent in the Arundell the miserable state of the Regiment here, and in my letter to Col. Jones the reasons why I have not suspended him for such practices, which will amase whoever reads them. But those reasons now ceaseing, I shall suspend him. I send your Lordshipp the articles against him, which I think myselfe absolutely oblieg'd to, haveing the name of a Regiment and not 150 men fitt for service, and which I have for these two years last past frequently acquainted my Lord Sunderland, without any answer. Signed, Daniel Parke. 3 pp. [C.O. 152, 42. No. 37 A.]
Aug. 17.
New Castle.
348. Lt. Gov. Usher to [? the Earl of Sunderland]. H.M. haveing been pleased to give a Comistion for Lt. Governor in Province of New Hampshire, many years served, never had anything for suportt thereof etc. Occation of these lines my comeing into the Province found one Mr. Richd. Walderen and Marck Hunckins admitted Members of Councill under pretence of order from the Queen; finde an Order in Councill ytt. Rightt Honble. Secretarys of States prepare warrantts for H.M. signett: the Genten. judgeing H.M. favour and order nott worth the charge, in takeing orders outt of Secretary's Office, getts a minuitt Councill from E. Southwell's Esq. Office, by itt the Governour admitts of them in Councill; with humble submistion oughtt to be outt of Secretary's Office wth. roiall signett. Conceive ye goe by, the Secretary's Office, slightt on Queen's favour, and affrontt on Queen's Order, haveing due respectt for the Crown, judge my duty to representt true estate of things, etc. Signed, John Usher. Holograph. ½ p. Enclosed,
348. i. Minutes of Council of New Hampshire. June 3, 1710. Governor Dudley's letter to Mr. Secretary Story read, enclosing H.M. Order in Council Dec. 20, 1705, and directing Richard Waldron to be sworn of the Council accordingly. Copy. 2 pp. [C.O. 5, 10. Nos. 1, 1 i.]
Aug. 18.
Virginia.
349. Lt. Governor Spotswood to the Council of Trade and Plantations. I think it my duty to lay hold on all occasions of paying my respects to your Lordships etc. At present I can only give a bare relation of the transactions since my arrival, without adding my own opinion or observations, since I cannot pretend to do it, on so late a knowledge of the Country, with that truth and exactness which I shall always endeavour to observe in my correspondence with your Lordships. On June 19 the convoy and fleet wherein I came arrived safely within the Capes without any accident happening to either, and on the 23rd the Council mett and my Commission was published in the usual manner. It was a surprize to the Gentlemen of the Council as well as to myself to perceive that Mr. Byrd was left out of the Council, considering he had been so lately appointed one of that Board, and that it did not appear that H.M. had since conceived any displeasure against him; but on the contrary had granted him a particular mark of her favour in augmenting his sallary as Receiver General. This induced the Council to beleive that his not being named in the Instructions could proceed from nothing else than an omission in transcribeing, which might easily happen in regard of the short time and consequently the hurry wherein they were prepared, between the time of my being appointed Lt. Governor and my comeing away. Upon which by the Council's advice I have admitted Mr. Byrd of the Council till H.M. pleasure be known; and I hope your Lordships will be pleased not only not to disapprove thereof, but to move H.M. that he be restored, in regard of the personal meritt and qualifications of that Gentleman, and the post he holds in the Govern ment by H.M. favour, which as it renders him capable will oblige him in duty to be very usefull in promoteing H.M. service in the Council, and if it be considered that there are only three at that Board who hold any places of profitt in the Government, to witt, the Secretary, Auditor and Receiver General, your Lordships will easily beleive that a Governor would very unwillingly be deprived of the assistance of either of them, who have the same interest and obligations to promote H.M. service, and with whom on some occasions he may find it necessary to communicate with more confidence than with any other of the Council, tho' by what I have yet seen I have no reason to doubt the good inclination of every one of them to do their duty, and of their affection to H.M. Government. The first meeting of the Council being spent in publication of my Commission and issueing the usual proclamation continueing officers, I found it necessary to have a meeting of the Council on the 5th and 6th of this month: I communicated to them several of H.M. Instructions wherein I am directed to take their advice, and begg leave breifly to hint to your Lordps. their opinion and resolutions thereon. As to that Instruction directing the sale of the quitt-rents by inch of candle, I find that thatt method was altered several years agoe upon the experience of its being disadvantageous to the Queen's service, and an account thereof given to your Lordps., and that the quitt-rents have since been sold by the Auditor and Receiver General themselves to better advantage, which method the Council have unanimously advised me to continue. As to H.M. Instruction for regulating fees, directions are given conformable thereunto for the officers to hang up fair tables of their fees in their respective offices, and for sending me a copy of those tables, that I may be the better informed whether the fees be within the bounds of moderation, of which I shall give your Lordps. an account when I have the return of the orders sent. I have directed a proclamation for publishing H.M. Instructions relateing to the liberty of the subject, but as to the Courts of Oyer and Terminer required by that Instruction to be appointed once every half year, I find the Council inclined to be of opinion that thatt matter is sufficiently provided for by the Act establishing the General Court, by which all criminals are appointed to be brought to tryal on the fourth day of every General Court; however that affair is to be further considered at the next Council. As to the Instruction which directs that the offices of Collector and Naval Officer shall not be executed by one and the same person, the Council have informed me that it is already complyed with, that those offices were separated upon the first giveing that Instruction to Col. Nicholson, and have continued to be executed by distinct persons ever since, and are so at this time; but as to the office of Receiver of the Virginia dutys (who bares the name of a Collector here) I find the same hath always been enjoyed by the same persons as are Naval Officers, and the Council have given their opinion that the fees belonging to the Naval Officer alone would not be a sufficient encouragement for anyone that's capable and fitt to be in so great a trust without the addition of the place of Receiver of the Virginia dutys, from which last their cheif profitt doth arise; and since it is H.M. pleasure that men of estates and suitable qualifications should only be putt in that trust, I hope it will be judged for H.M. service that the same encouragement be continued to them as hath been heretofore; and that your Lordships will not be displeased that I have (according to the custome I found here) given the place of Naval Officer and Receiver of the Virginia dutys in the upper district of James River vacant by the death of Major Allen to Mr. Nathaniel Harrison, who has given good security for the discharge of his office, and of whom I have received a general good character, both as to his capacity and diligence. In obedience to H.M. commands I have issued a proclamation for repealing the Act for establishing ports and towns, and I would willingly have comprized in the same proclamation another Act, vizt., that concerning the granting, seating and planting lands, etc., which I'm informed continues still in force, notwithstanding I find in the Council office a copy of H.M. order for repealing the said Act, attested by Mr. Popple. I advised with the Council whether the copy aforesaid was not sufficient warrant for issuing a Proclamation to declare the repeal of that Law, but they were unanimously of opinion that it was not: and that there had never been any Proclamation issued either confirming or repealing an Act of Assembly except where H.M. pleasure had been signifyed under her sign manual and signett or by order of H.M. in her Privy Council under the Seal of that Office. Wherefore for avoiding any inconveniencys that may happen, your Lordships will be pleased to give directions that another order be sent in due forms as soon as may be. Pursuant to your Lordps.' commands and the information given me in the extracts of the Memorials I had the honour to receive from your Lordps., I have taken care for detecting the persons concerned in carrying on an illegal trade to Curraçoa and St. Thomas's: and shall by the next opportunity give your Lordps. a more particular account of my discoverys in that affair. It is very apparent that the want of guardships here so frequently, has given great encouragement to the carrying on this trade: and I am inform'd it has been the practice for vessells bound to the West Indies (when they found no man of war in the Bay) to take in great quantitys of tobacco after they had cleared with the Officer, and by this means they had the opportunity of runing all that tobacco to either of those forreigne ports before they went to the Plantation to which they were cleared. I have proposed to the Commissioners of the Customs some means for preventing that pernicious practice, which is to oblige their Officer in the lower district of James River (from whence this trade is cheifly carryed on) to keep a boat and hands to go on board the plantation vessells and examine into their loading. But in my opinion nothing can more effectually break that trade, than the haveing guardships constantly attending here, and more especially if (according to what I perceive has been often represented by the President and Council) a sloop or other small vessell well fitted and mann'd were sent hither to attend the guardship, such a vessell would not only be of the greatest use for suppressing the enemy's privateers, but would contribute very much to the preventing illegal trade, since it would be mighty difficult for any vessell to go out of the Capes without being examined. And I doubt not your Lordships will be so far satisfyed of the usefullness of such a vessell that you will be pleased to use your interest with the Lords of the Admiralty that one be forthwith sent. I have with the advice of the Council issued out writts for calling an Assembly to meet Oct. 25: the cheif business that requires their meeting is the raiseing money for finishing the Governor's house, the payment of the Country debts that have accrued since the last Assembly, and the remedying some inconveniencys that have been found in the Laws. The privateers have proved very troublesome on the coast this summer. They have taken a great many vessells, and kept the inhabitants about the Capes in continual alarms. After the loss of the Garland, and in the absence of the Enterprize, which haveing gone first to New York to refitt, went afterwards to the Bahama Islands, and is but the other day returned hither. It is a mighty inconvenience that upon any accident to the men of war attending here, they are obliged to go to New York to refitt, or if they want bread or other provisions they must go there for a supply, and in their absence the country is exposed to the insults of every little privateer, and not any place of defence, nor one peice of cannon mounted in the country to oppose them. The apparent prejudice to H.M. service by this diversion of our guardships obliges me (notwithstanding what I expressed in the beginning of this letter) to offer to your Lordps. my humble opinion that the first inconveniency may be obviated by haveing an Agent here to supply the men of war as well as in the other Colonys and a place may with small charge be fitted up at Point Comfort for careening where I'm informed the Southampton a fourth-rate was careened when she was guardship here. And as to the defence of the country in the absence of guardships, I cannot but be of opinion that a small fort built on Point Comfort would be of good use, the very name of it would strike an awe in the enemy. It would afford a retreat for ships when pursued by privateers in the time of war, or by pirates (which must be expected in time of peace) whereas there is now no manner of defence against such attempts, the place for careening H.M. ships being under the canon of it, they could not be surprized by the enemy in that circumstance: and barracks might be built in it for the reception of the sick men belonging to H.M. ships and thereby their desertion prevented, which now frequently happens as soon as they begin to recover. The charge of erecting such a Fort would be inconsiderable, but as the Country is unable to defray the charges of a garrison, I humbly propose that H.M. may be moved to send a company of the Invaledes to do duty in it, which would be no greater expence than they now cost; and for the extraordinary charges of this garrison, that they be defrayed out of H.M. quitt-rents, and if any seaman happen to be disabled in the service here he may be entered upon the establishment of that garrison, and there entertained at the same charge as in Greenwich hospital. I the rather propose the supplying it with Invaledes because (besides the saveing further charges to H.M.) other soldiers would hardly be kept from deserting either to the merchant service or disperseing through the country to better their circumstances by turning Planters. And if there should be any danger of the Fort being attacked by an enemy, the Garrison might be soon reinforced by throwing in a body of the Militia, who would make a better figure in the company of experienced soldiers and haveing walls to befriend them, than I am afraid they will do by themselves without those disadvantages. All which I humbly submitt to your Lordships' better judgement. Tho' the price of tobacco is fallen so low that it has brought many of the owners in debt at London, and lessened the supplys of goods for their familys, yet I find the people bear it with much more patience than could be expected from so great disappointments; and I'm informed the crops of tobacco this year will be at least equal to what they have been at any time this several years past. There, my Lords, are the most material transactions that I have to trouble your Lordps. with at present, and seeing I have here touched the principal heads of what was treated on the two last Councils, it may not be so necessary at this time to transmitt the Journals thereof: for the convoy being to sail in September will give me opportunity of sending them with what else may happen in the mean time. If there remains ought else which I should have now informed your Lordps. of, I beg that the lateness of my arrival may plead my pardon, etc. Signed, A. Spotswood. Endorsed, Recd. 13th, Read 25th Oct., 1710. 7 pp. [C.O. 5, 1316. No. 51; and 5, 1363. pp. 204–217.]
Aug. 18.
Virginia.
350. Same to [? Lord Dartmouth]. Repeats parts of preceding. I found the Country in peace, and observe a good disposition in the People to be quiet and easy, which I shall endeavour to cultivate, etc. Signed, A. Spotswood. 1½ pp. [C.O. 5, 1341. No. 10.]
Aug. 18.
Virginia.
351. Lt. Governor Spotswood to [? the Earl of Sunderland]. Compliments. Continues as preceding. I shall send the Journals of Council the return of the Convoy, which will sail about the latter end of September, etc. Signed, A. Spotswood. Endorsed, R. Oct. 16. 1¾ pp. [C.O. 5, 1337. No. 5.]
Aug. 18 & 19.352. Permit for 2 ships to sail for the Plantations without convoy. [C.O. 324, 32. pp. 15, 16.]
Aug. 19.
Virginia.
353. Col. Jenings to the Council of Trade and Plantations. Refers to arrival of Lt. Governor Spotswood, etc. I had the good fortune to give up the Government in peace and tranquillity, etc. I intend to return by the convoy for England, etc. Signed, E. Jenings. Endorsed, Recd. Dec. 25, Read Jan. 23, 1710 (11). 1 p. [C.O. 5, 1316. No. 55; and 5, 1363. pp. 246, 247.]
Aug. 19.
Whitehall.
354. Council of Trade and Plantations to Lord Dartmouth. Enclose draught of Instructions for Governor Lowther, "which are to the same purpose as those that were given to Mr. Crow, except that pursuant to H.M. commands (v. July 28), we have added two clauses relating to the Secretary and Provost Marshal of Barbados." Annexed,
354. i. Draught of Instructions to Robert Lowther, Governor of Barbados, etc. Additional clauses (Nos. 49 and 50): Whereas by our Letters Patents, April 1702, we did grant to Alexander Skene the offices of Secretary of Barbados, Secretary to the Governor for the time being, Secretary to the Governor and Council, and to the Council in the absence of the Governor, and also the office of Clerk to the several Courts in the said Island, with all the rights, profits, fees, etc. to the said offices respectively belonging; and whereas several encroachments have been made upon the said office, especially by Mitford Crowe Esq., by appointing a private Secretary of his own, and taking from Skene several fees and perquisites belonging to him by virtue of our said Letters Patents and applying the same to his said private Secretary, we were graciously pleased to direct (May 7, 1709) him to restore Skene to his place of Secretary to the Governor etc., but the same having not yet been done, it is our will and pleasure that upon your arrival in Barbados, you do immediatly admit and restore Skene to the full enjoyment of the several places aforesaid, and to all the profits etc. thereunto belonging. (50) Whereas George Gordon, Provost Marshal General of our Island of Barbados, and Alexander Skene aforesaid, did by their several petitions humbly pray us to repeal an Act passed in our said Island in 1667, directing how the clerks and marshals of the several Courts of Common Pleas within this Island shall be appointed and what they shall receive, the same being prejudicial to the ancient rights of their respective places of Provost Marshal General and Secretary of our said Island, as likewise to other our subjects there, and whereas we have thought fit by our Order in Council (Feb. 18, 1710), which you will herewith receive, to signify our disapprobation and disallowance of the said Act, the Judges, Clerks and Marshals will lose so much of their fees as were appointed by the said Act, in order to the prevention whereof, it is our will and pleasure that you do use your best endeavour with the General Assembly to procure an Act to be passed for settling a salary or reasonable fees on the several Judges there, and for restoring to the Clerks and Marshals the several and respective fees mentioned in the said Act, and that you do forbear to give your consent to any Act that may prejudice our several officers in our said Island, commissioned under the Great Seal of this Kingdom in their just rights and priviledges; but on the contrary that you do countenance and give all due encouragement to all our Patent Officers in the enjoyment of their legal and accustomed fees, rights, priviledges and emoluments according to the true intent and meaning of their said Patents. [C.O. 29, 12. pp. 134–231.]
Aug. 22.
Kensington.
355. H.M. Warrant for John Blair to be admitted to the Council of Jamaica. Countersigned. Dartmouth. [C.O. 324, 32. p. 19.]
Aug. 22.356. Address of the Governor, Council and Assembly of the Massachusetts Bay to the Queen. The gracious acceptance which our late humble Addresses have found with your sacred Majesty for the obtaining sea and land forces from Great Britain for the reducing of Port Royal and the country of Nova Scotia to your Majesty's obedience, thereby to rescue us from the insults of our ill neighbours the French on that side, demands our most humble recognition, with the highest gratitude to the best of Queens. whose innate diffusive goodness inspires Her royal breast with most gracious dispositions to hear and grant the humble supplications of the meanest of her subjects, and to have regard to such as are far distant from the royal throne. Your Majesty's ships of war and transports, with the forces design'd for that expedition, under the conduct of the honble. Col. Nicholson, happily arrived to us the middle of the last month, by whom we had the favour of receiving your Majesty's commands for our quota thereto in concert with other your Majesty's neighbouring Governments. And in obedience to your Majesty's said commands, we have with all application and diligence intended our duty to put forward the said expedition. Your Majesty's forces rays'd therefore within this Province consisting of 900 men well clothed and shipping in readiness for their transportation with 3 months provisions on board, stand under their armes, attending the General's order for their embarquing, and we shall not be wanting in any article required on our part, hopeing by God's blessing upon your Majesty's armes, that Countrey shall be restored to your Majesty's Empire, and by the produce thereof be of singular benefit and advantage to the Crown, withal humbly praying that your Majesty will be graciously pleased upon the reduction of the same, to establish such garrisons at the charge of the Crown, for keeping of the Fort at Port Royal, and in such other places as in your Royal wisdom your Majesty may think fit to rayse fortifications. And that it may always hereafter be continued a British Colony, as it was at first originally granted and intended by your Majesty's Royal Predecessors, etc., etc. Signed, J. Dudley, Isa. Addington, Sec. Council. John Park, Speaker of the House of Representatives. 1 p. [C.O. 5, 10. No. 137.]
Aug. 23.
Colony of Rhode Island.
357. Governor Cranston to the Earl of Sunderland. By the Rt. Honble. Coll. Francis Nicholson, who arrived at Boston with the Brittish forces July 15 last, I received H.M. Royall letter to me, March 18, and your Lordship's of April 17, both which I communicated forthwith to the General Assembly, who upon the consideration of H.M. repeated care and pious regard of her good subjects in these partes (in answering their humble petition) and sending them such forces, under the command of so acceptable a Generall, readily agreed in giving me such suplys as were needfull (with their concurrence) for the fitting out 200 men (with transports and all stores suitable for the expedition, to joyn with H.M. Brittish Forces) who are this day imbarqued in order thereunto. And I hope with the blessing of God,. who has from time to time so wonderfully prospered and blest the armes of H.M., that he will still continue his blessing and give success, not only to this present expedicon, but to all H.M. Forces both by land and sea. Encloses following to be laid before H.M. etc. Signed, Samll. Cranston. Endorsed, Recd. Nov., 1710. Addressed. 1 p. Enclosed,
357. i. Address of the Governor and Company of Rhod Island and Providence Plantations in New England to the Queen. We your Majesties most dutifull and loyal subjects are not of ability to express how much we are (in duty) obliged to your Majestie for answering (at this critical juncture, when your Majestie is so deeply engaged for the procuring a lasting Peace, not only for your own subjects, but for ye ballance of Europe) the humble Address of the severall Governmts. of these partes of North America, by sending us assistance of ships of war, and men, with warlike stores, under ye command of ye Right Honourable and most acceptable Col. Francis Nicholson, etc., etc. We crave leave humbly to congratulate your Majesty for the gracious smiles of Heaven upon your Royal Person and divine goodness, showred down on your sacred Head, by continuing to bless the just armes of your Majesty and those of your Allies, under the conduct of those two great and renowned Generals, the Duke of Marleborough and Prince of Savoy, etc. Your Majesties commands to this your Government to be assistant to this nobler enterprize in the same manner as we were to have been the last year, (had the expedicon against Canada succeeded) we have embraced with a loyall and dutifull obedience. Tho', as we were bold to inform your Majesty in our last Address, vizt. that we apprehended our proporcon then ordered (and now renewed by the vote of the Councill of War) to be more than our equal Quota, with our neighbouring Provinces; so we most humbly pray that your Majestie in your great wisdom (should the like occasion offer hereafter) will be graciously pleased to order and direct, that each Province and Coloney may be equally proporconed according to the number of their Militia: the which will more and more oblige us readily and dutifully to comply (as faithfull and loyal subjects) to all your Majesties commands, with our lives and estates, which have been and are wholly devoted to your Majesties service; for the maintaining and supporting your Royal Crown and Dignity, etc. Signed, Samll. Cranston, Govr.; West Clarke, Secretary. Rhod Island, Aug. 23, 1710. Endorsed, Recd. Nov. 24, 1710. Addressed. 1½ pp. [C.O. 5, 10. Nos. 226, 228.]
Aug. 24.358. Address of the Governour, Council and Representatives of New Hampshire to the Queen. Return thanks for H.M. despatch of forces on the expedition against Nova Scotia, etc. Continue:—The circumstance of this poor Province (being all frontiers to the enemy by sea and land) bespeaks the assistance of more men than the scattering inhabitants thereof for its defence, yett wee freely and readily sent the Quota demanded of us for this present Expedition with provisions, transports and all things necessary for them, and shall always exert our utmost endeavour for your Majesties service, etc., etc. Signed, J. Dudley; Cha. Story, Secretary of the Council; Richard Gerrish, Speaker of the House of Representatives. 1 p. [C.O. 5, 10. No. 2.]
Aug. 25.
Whitehall.
359. Council of Trade and Plantations to the Earl of Dartmouth. Enclose following. Annexed,
359. i. H.M. Instructions to Lord Archibald Hamilton, Governor of Jamaica. Similar to those of Governor Handasyd. Signed, Sept. 9, 1710, Kensington, etc. [C.O. 138, 13. pp. 190–281; and 5, 189. pp. 66–102.]
Aug. 26.
Whitehall.
360. Mr. Popple to Mr. Burchet. Quotes Col. Jenings, as to the need of a guardship for Virginia, for the information of the Lords of the Admiralty. [C.O. 5, 1363. pp. 197, 198.]
Aug. 28.
Kensington.
361. Order of Queen in Council, Report on the Bahamas (v. Dec. 30, 1708 and July 9, 1709) is approved and referred back to the Council of Trade to devise the best way of putting it in speedy execution. Signed. Chris. Musgrave. Endorsed, Recd. 14th, Read 15th, Sept., 1710. 1¼ pp. Enclosed,
361. i. Copy of Report of Attorney and Solicitor General, July 9, 1709. q.v. 1½ pp. [C.O. 5, 1264. Nos. 98, 98 i.; and (without enclosure) 5, 1292. pp. 216–218.]
Aug. 28.
Whitehall.
362. Mr. Popple to Governor Hunter. Acknowledges letter of June 16, etc. The Palatin ships you mention as missing their Lordships hope were not long after you in port, one of them having put into Virginia. Your next letters their Lordships promise themselves will bring them a good account of the posture of affairs in your Government, wherein I doubt not but your prudent management will correct any irregularities which the heats and divisions there may have runn them into. [C.O. 5, 1122. p. 171.]
Aug. 28.
Admiralty Office.
363. Mr. Burchett to Mr. Popple. Reply to Aug. 26. I have received a letter from Col. Jennings of the same purport. The Tryton's prize, a ship of the sixth rate is gone to cruize with the Enterprize between the Capes. Signed, J. Burchett. Endorsed, Recd. Read Aug. 29th., 1710. Addressed. 1 p. [C.O. 5, 1316. No. 50; and 5, 1363. p. 203.]
Aug. 28.
Whitehall.
364. Council of Trade and Plantations to Lt. Governor Spotswood. Col. Jenings having given us an account, April 24, that he has received H.M. commands for setling the Boundaries between Virginia and Carolina, and for removing the interruptions daily given by Carolina to the Indian trade, but that he had not time to enlarge upon what had been resolved on by the Genl. Court, we shall therefore expect from you a particular account of the resolutions and proceedings of the said Court, as well in relation to the settling and adjusting the said Boundaries as to the Virginia Indian trade by the first conveyance. He also acquaints us with the arrival of H.M.S. the Enterprize, ordered to attend the service of the Colony, which together with H.M.S. the Tryton's prize, which sail'd from these parts some time ago, and we hope is arrived, will be sufficient to secure the coasts and protect you from the insults of the Enemy's privateers. We are glad to perceive by the said letter that an intended insurrection of the negroes in that Colony, had been happily discovered, the cheif conspirators seized, two of them found guilty and condemn'd, which we hope will serve as an example to the rest, and deter them from attempting anything of the like nature for the future. We shall be glad to hear that the sickness he mentions to continue in divers parts of the Colony, and which has carryed off many of the people will before this comes to hand be wholly abated, etc. Since the writing of the above, we have received another letter from Col. Jenings without date, wherein an account of the damage done by the French privateers on the coast of Virginia and the want of a man of war and sloop, etc.; all which we have laid before the Lords of the Admiralty. [C.O. 5, 1363. pp. 198–203; and 5, 1335. pp. 48–51.]
Aug. 28.
Whitehall.
365. Council of Trade and Plantations to the Earl of Dartmouth. We have considered ye letter and papers from Richard Oglethorpe (v. Aug. 15), relating to illegal trade carried on at the Leeward Islands, and are inclin'd to believe that the facts therein complained of are true, we having receiv'd former complaints of ye like evil practices in those parts, upon which we then transmitted copys of the informations to the Governor of the Leeward Islands with directions that he shou'd make a strict inquiry into those matters; that he shou'd prosecute the offenders, if there shou'd appear to be good grounds for so doing, and transmit to us an account of his proceedings therein, which method we are humbly of opinion will be most proper to be taken in relation to ye aforesaid information, given in by the said Richard Oglethorp, and the rather in regard that they contain only bare allegations, without any sort of proof whatsoever. [C.O. 153, 11. pp. 60, 61; and 152, 42. No. 40.]
Aug. 28.
Kensington.
366. Order of Queen in Council. Approving Instructions for Governor Lord A. Hamilton (Aug. 25) which are to be prepared for H.M. signature. Signed, Edward Southwell. Endorsed, Recd. Sept. 29, Read Oct. 26, 1710. 1 p. [C.O. 137, 9. No. 19; and 138, 13. p. 295; and 5, 11. No. 55.]
Aug. 28.
Kensington.
367. Order of Queen in Council. Approving Instructions of Governor Lowther. Signed, Chris. Musgrave. 1 p. [C.O. 5, 11. No. 54.]
Aug. 28.
Kensington.
368. Order of Queen in Council. Approving draft of Instructions for Governor Lowther (v. Aug. 19). Signed, Edward Southwell. Endorsed, Recd. 29th Sept. Read Oct. 26, 1710. 1 p. [C.O. 28, 13. No. 43; and 29, 12. pp. 304, 305.]
Aug. 28.
Whitehall.
369. Council of Trade and Plantations to Lord Dartmouth. We have considered Lord A. Hamilton's Memorial (v. No. 341 i.). We are still of the opinion we writ to the Earl of Sunderland, May 16, and therefore have no objection why the Lord Archibald may not be allowed by letter or otherwise according to his desire to signify to the Assembly H.M. gracious intentions that the hardships Jamaica does lye under shal be laid before the House of Commons the next Session. Autograph signatures. 1¾ p. [C.O. 37, 51. No. 27; and 138, 13. pp. 283, 284.]
Aug. 29.
Whitehall.
370. Mr. Popple to George Lillington, President of the Council of Barbados. Acknowledges letter and papers of June 11, all which are now under their Lordships' consideration, and will forthwith be laid before H.M., so that in all probability you may receive H.M. pleasure thereupon by the next packet boat. Mr. Pulteney will by next packet return an answer to the letter he has received from you. [C.O. 29, 12. pp. 250, 251.]
Aug. 29.
Whitehall.
371. Mr. Popple to Governor Dudley. Encloses opinion of Solicitor General upon two clauses in the Massachuset's Charter (v. May 12) "which you will do well to communicate to Mr. Bridger," etc. [C.O. 5, 913. p. 252.]
Aug. 30.
Whitehall.
372. Council of Trade and Plantations to Governor Hunter. Whereas there have been great irregularities in the manner of granting Commissions in the Plantations to private ships of war, and whereas it will be necessary that you govern yourself according to the Commission and Instructions granted in this Kingdom, we herewith inclose copies of them for your better guidance therein. [C.O. 5, 1122. p. 172.]
Aug. 30.
Whitehall.
373. Same to Lt. Governor Spotswood. Similar to preceding. [C.O. 5, 1363. p. 203.]
Aug. 30.
Bermuda.
374. Lt. Governor Bennett to the Council of Trade and Plantations. I presume this comes with a packt. from me dated June 13, which was designed to have gone via Lisbon, but the vessell that carryed it to Pensilvania in expectation there of ffreight for that place, being disappointed, touched here in her way to Barbados, which gives me the opportunity of sending this, and to acquaint that I have received your Lordps.' of Jan. 19 and Feb. 9, which I answered July 5, and sent my letters in a sloop for Barbados in order for the packt. boat, but she was taken in sight of that Island. I also sent a duplicate by the next vessell that went there, and her ffate happened to be the same; soe that I am now prepareing triplicates, but can't compleat them to transmit now, this vessell only touching here to put a small quantity of goods on shoar. Repeats following letter. Continues: My Lords, I have now received the publick seal from Barbados, and shall fulfill H.M. orders relating thereunto the next Council Day. Inclosed is an Act of Assembly to empower Capt. Richard Jennings to sell one share of land to enable him to pay his debts. My Lords, the Capt. of the vessell that carrys this to Barbados in order for the packt. boat pressing to be gone, obliges me to brevity, etc. Signed, Ben. Bennett. Endorsed, Recd. 13th, Read 14th Nov., 1710. Holograph. 4 pp. Enclosed,
374. i. Licence from the President and Council of Barbados for the sloop St. James, Capt. Barnett St. John, to sail for the coast of New Spain. Signed, G. Lillington, A. Skene, May 22, 1710. Clearing of the same, May 23. Signed, Saml. Cox, Naval Officer; Tho. Edwards, Coll. Same endorsement. 3 pp.
374. ii. Proceedings at the Admiralty Court, Bermuda, at the condemnation of the sloop St. James. July 7—Aug. 4, 1710. Same endorsement. 22 pp.
374. iii. Affidavits of James Glasebrook, deputed waiter, Saml. Tynes, Florentius Richardson, James MacCulle, Benjamin Todd, Anthony Needle, Wm. Richardson, Francis Laudey, James Robe, and Thomas Wright, in the case of the sloop St. James. Aug. 19–24, 1710. Endorsed, Recd. 13th Nov., 1710. 8 pp. [C.O. 37, 9. Nos. 9, 9 i.–iii; and (without enclosures) 38, 6. pp. 499–501.]
Aug. 30.
Bermuda.
375. Same to Mr. Popple. Desires him to lay preceding before the Council of Trade, etc. Signed, B. Bennett. Endorsed, Recd. 13th, Read 14th Nov., 1710. Holograph. 1 p. [C.O. 39, 7. No. 10; and 38, 6. p. 504.]
Aug. 30.
Bermuda.
376. Lt. Governor Bennett to the Earl of Sunderland. I have here transmitted the condemnation of the sloop St. James which was seized by a privateer fitted out from this country near Porto Rico: she belonged to Barbados, and by her clearings it appears she was bound to St. Domingo in order for trade, but the Capt. of the privateer enquireing into her cargo was informed there were a number of iron barrs on board and barrells of steel hid under the ballast, which occasioned her being brought in here, as they were counterband goods, and not designed by her clearings to trade between Rio la Hacha and the River Chagre within which limits the Act for the encouragement of the trade to America doth allow to be traded with, but it's humbly conceived noewhere else among the Spaniards. After the sloop was condemned and her ballast strictly enquired into, there were found 17 large iron barrs, bolts, spikes and hinges for ports of vessells, more than was owned att the triall, so that the whole number were 36, which weighed with bolts etc. 2716lb., and the steel 226lb. There was also on board a chest of dry goods, for which noe certificate from the Custome House appeared, neither did the Master pretend he ever had one, and one Mr. Creagh, chief owner of the sloop now here, told me he knew nothing of them, soe that if the vessell had not been condemnable, those goods I presume were seizable, an inventory and appraisment whereof not being compleated, cannot now transmit it, but shall by the first opportunitty. I understand the owners of the sloop will endeavour all they can to obtain H.M. order for restitution, and that they will make complaint of the ill usage of a Spaniard that was the mercht. on board. It is very true, my Lord, the privateers owned that (contrary to my Instructions) they did punish that gentleman, to make him confess he had a Spanish pass (which was said to be thrown over board) but not to that degree as I hear is represented, affidavits to which purpose are incerted att the end of the triall, and those that were actors in that beating are detain'd here in order for punishment, as your Lordship shall direct, etc. Signed, Ben. Bennett. Endorsed, Recd. Nov. 27. Holograph. 3 pp. Enclosed,
376. i.–iii. Copy of proceedings in the Court of Admiralty, Bermuda, against the sloop St. James and affidavits etc. relating thereto, as Nos. 374 ii., iii. Same endorsement. 25 pp. in all. [C.O. 37, 28. Nos. 5, 5 i.–iii.]
Aug. 30.
Whitehall.
377. Council of Trade and Plantations to Lord Dartmouth. Having by the last packet from Barbadoes received a letter etc. from the President of the Council (v. June 11) relating to a dispute arisen between the Council and Assembly, touching the nomination of a Treasurer in the Excise Bill depending there; we have thought fit for H.M. service to lay before your Lordship a full state of that matter as it appears to us from the said papers. On May 1st, 1710, the Assembly sent up to the Governor and Councill an Act for laying an Excise upon liquors. The Council disapproved of the Assemblies nomination of Col. Downs for Treasurer in the said Bill; and by reason of the disputes that happened on this occasion between the said Councill and Assembly, the Island remained without a revenue. On May 19 (some days after Mr. Crow's departure from thence) the President ordered the Assembly to attend him in Councill, where he exorted them all to union and good agreement, and in order thereunto proposed that there might be a conference between them and the Council upon the forementioned Bill. A conferrence was had the same day, the Council insisting that they had as much power to reject as the Assembly to nominate a Treasurer, yet if the Assembly would nominate any other person besides the said Downes, or propose some other expedient that the said Bill might not drop, the Councill would then consider of it. The Assembly on the other hand insisted on the Treasurer they had named, and passed a resolution in their House accordingly. On May 20th, the Members of the Councill who were against passing the Bill with the said Downes's name in it, deliver'd to the President a paper containing their further reasons and proposals for accomodation, the substance whereof is as follows. That they did not dispute the Assemblies right of nominating a Treasurer, but claimed to themselves a right to approve or reject the person so nominated. That if the Assembly would nominate any one of nine persons named by them in their said paper, they would readily agree to such nomination, or they would agree to the nomination of Col. Maycock, their former Treasurer, or any other person, or give good reasons to the contrary. That they did not rejected Col. Downs from any disrespect to his person, but from a principle of doing their duty, and discharging the trust reposed in them, and hoped the Assembly would embrace these proposals. On 23rd the Assembly sent to the Council their resolutions in answer to the foresaid paper as follows, vizt., that the Councill had not by that paper made any condescention, but on the contrary had insisted on their pretence of nomination, and had not offered anything material to alter the good opinion the House had of the said Downes; that the said Downes had signifyed to the House, that seeing the Councill had so great a displeasure against him, he did decline the favour intended him by ye Assembly; however the Assembly resolved to abide by their first choice. The President finding that both the Councill and Assembly insisted, told the Council that if they would not recede from their claim, the said Excise Bill would be lost, to the great detriment of the publick; that in 40 years time that he had been upon the Island, he never knew that matter controverted with ye Assembly, but once, which was about 15 years agoe when that dispute was ended by passing a short Act for reviving the preceeding years Excise Bill, whereby the former Treasurer was continued. That great summs had already been lost to the Crown, for want of an Excise Bill, and that if the Fleet from Great Britain should arrive before the said Bill was passed, that Revenue (which was considerable and the easiest tax to the people) would be lost and others more grievous must be laid, in leiu thereof: that two Assemblys having already been try'd, and they insisting upon their own nomination, 'twas probable that in case a new Assembly was chose they would be of the same opinion, besides that there was not time, for that the London Fleet was daily expected. That they ought not to refuse a Revenue tendered to the Crown, only because they thought their power, in the making of a Treasurer, lessened by the Assembly. He gave them several other reasons, and proposed to them that they should appoint one Commissioner of the Treasury and the Assembly another; or that they should pass the Bill, with a clause that the same should determine on the signification of H.M. disapprobation of the Assembly's claim, and then put it to the vote, whether the Bill should pass as above proposed. And after much clamour and noise, six of the Members declared they were ready to pass the Bill intire, except the nomination of the said Downes; and two were for passing the Bill as it was. The said six then proposed that the Assembly should be disolved, and writts immediatly issued for chosing a new one. Whereupon the President declared he would have the opinion of H.M. Attorney General and Councill at Law, which they gave him May 26th, to the purport following; that they thought all proper remedies should be tryed rather than a dissolution, and were of opinion that a prorogation would be better, least the London Fleet should arrive; that by a prorogation all former proceedings would fall, and the Assembly would be at liberty to nominate a new Treasurer. On June 6th the President communicated this opinion to the Councill, and that the event had justifyed ye same, the Fleet being then arrived, and therefore he proposed the proroguing the Assembly for one day; which was done accordingly. On June 7 the President advised the Council and Assembly to unanimity, and to pass a new Bill in such manner that all controversies might be avoided for the future. The same day the Assembly did pass a new Bill, and therein named Mr. Guy Ball for Treasurer, which Bill was sent up to the Councill, and on the second reading was referr'd to a Committee with directions to them to nominate another person in the room of the said Ball. Thus that matter stood when the last accounts of June 11th came from that Island; and we are inclined to believe that this dispute between the Councill and Assembly will continue till H.M. pleasure shall be known therein. Whatever reasons the majority of the Councill might have not to pass the Excise Bill, wherein Richard Downes was nominated Treasurer, and how well grounded soever their claim of right may be to approve or disapprove of such officer (for further they do not pretend to carry it) yet when the Assembly upon a prorogation had dropt their former nomination of that person, and passed a new Excise Bill, in wch. another was nominated Treasurer, and had thereby in a manner given up the point insisted on by the Councill, we are of opinion it had been advisable in the Councill to have closed in that expedient, and to have consented to that Bill, especially after the exhortations given them by the President to consider what damage would unavoidably accrue to the Island in the loss of that Bill. For prevention whereof and for putting an end to the present dispute between those two parts of the Legislature touching the right in question, we humbly propose that directions be sent, so soon as conveniently may be, to the President or Commander in Cheif there for the time being, to represent to the Councill H.M. great concern for the peace and welfare of the Island, her just displeasure that any dispute has arisen to create heats and animosities amongst her subjects, or to obstruct the necessary service and security of the country, and that he be required to exhort the Council in the most effective manner, to give their consent to the said Excise Bill, if not already pass'd into a Law, or to such other Excise Bill as shall then be depending, the doing whereof, as before is observed, can be no prejudice to their claim of right to approve or disapprove the person therein nominated by the Assembly for the office of Treasurer, it not appearing that the Council has any objection to the qualifications of the persons so nominated. Autograph signatures. 7½ pp. [C.O. 28, 43. No. 48; and 29, 12. pp. 251–260.]
Aug. 30.
Whitehall.
378. Duplicate of No. 373. [C.O. 5, 1335. p. 54.]
Aug. 31.
Barbados.
379. Col. Lillington to the Earl of Sunderland. Refers to former letters, since which nothing has occur'd worthy your Lordship's notice, save that upon the Councill's amendment of the third Excise Bill sent them up by the Assembly, and their incerting of another person in the room of Guy Ball Esq., who was appointed Treasurer in the said Bill, the Councill have assigned this only reason for their rejecting him, viz., that he was a member of the Assembly. By which the Island still remains under the melancholy and unsafe circumstances of wanting a revenue, wherewith to supply the emergencies of the Government, and without any provision for any accidents, tho' never soe pressing. With impatience I wait H.M. pleasure and determination of the controversie depending betwixt the Councill and Assembly of this Island, in which I flatter myself my conduct will be found impartiall; and my endeavours with the Assembly, and then the Councill, to make one of them recede from their pretensions, and yeild to the necessities of the countrey be approved, and found far from encouraging the Assembly in the dispute, as the majority of the Councill have charg'd me. I humbly begg your Lordships' favour in the quickest dispatch of such H.M. pleasure and determination, and that it may for the future soe settle each of their pretensions, that they may not again produce such mischeivous and dangerous consequences to the safety of this Island. I inclose a list of such Gentlemen of clear estates and reputations, whom I judge most worthy and capable of the honour of serving H.M. as members of her Councill, etc. I have liv'd some years above forty in this Island, and have bore the honour of being one of H.M. Councill here, for upwards of 20, and no person can, or has yet taxt me with receiving what was not my due, and 'tis too late now to begin to die a young knave, etc. Signed, G. Lillington. 2 pp. Enclosed,
379. i. List of causes depending in the Court of Errors held before the President and Council, July 29, 1710. (7). Signed, A. Skene. ½ p. [C.O. 28, 43. Nos. 44, 44 i.]
Aug. 31.
Whitehall.
380. Lord Dartmouth to Governor Dudley. The Queen commands me to acquaint you, that as she has formerly taken into consideration the sending over into New England such a number of land forces as joyned with those under your command, and such as the neighbouring Colonys could have furnish't, might have been of strength sufficient to beat the French of Canada and North America, so H.M. had this year caused all necessary preparations to be made for this expedition, which H.M. has been forced to lay aside for the present by reason of the contrary winds which happen'd, when the season was proper for the Fleet to sayle, and in regard of other important services which intervened. The Queen hopes to receive a good account of the Expedition against Port Royall, having sent away last spring Col. Nicholson, with such Commissions etc. as were necessary, and she is very well pleased with the accounts she has received of the zeal with which her subjects under your Government embraced this undertaking, and of the forwardness they expressed to promote it. H.M. therefore for this reason, and out of her tender care for their good and prosperity intends to pursue this design as soon as the state of her affairs will permitt it, being very sensible of the great advantage which may be thence expected. And as H.M. will not be wanting in her endeavours to promote whatever may conduce to the welfare and security of the Colony under your Government, so H.M. doubts not but that all proper measures will be effectually taken there for the common safety and interest, which H.M. earnestly recommends to your care. The Queen would have you communicate this letter in the usual manner to Her loving subjects. Signed, Dartmouth.
The like letter sent to Governor Hunter, the Governor and Company of Rhode Island, and the Governor and Company of Connecticut. [C.O. 324, 32. pp. 20, 21; and 324, 31. pp. 4, 5.]
Aug. 31.
Whitehall.
381. Same to Col. Nicholson. The Queen having thought it necessary to lay aside for this year the Expedition designed against Canada in regard she could not spare a sufficient number of forces from other important services, I am commanded to acquaint you with it. Signed, Dartmouth. [C.O. 324, 32. p. 21; and 324, 31. p. 6.] The like letter to Col. Vetch.
[? Aug.]382. [Lt. Governor Usher] to the Council of Trade and Plantations. Humbly lay before your Ldshps. names of persons for Councillours; Capt. Richd. Garish, George Jeffrey, Capt. Jno. Wentworth, Capt. Theoder Adkinson, Richd. Hilton, Nathanaell Waer: formerly and now give names of such whoe have a principle of loialty in them, and on ytt. accott. onely present them. Refers to Governor Dudley's charge that he puts the Government in a flame (v. Aug. 5). Am nott afraide of any accusation, etc. I am desirous att all times to answer any charge. I am for Croun Govermtt., have spent my estate for suportt thereof; the Comonwealth Governmt. in Assembly now broken, and representatives, persons for honour and justice, you will nott finde many adresses wth. agency, former adresses all indited by H.E., for interestt consented tto. Repeats suggestion of enquiry into Agent's accounts, etc. (v. Feb. 1708 and Aug. 5 1710.) If an order comes to H.E. if possible will finde a salvo: pray an order to Genll. Nicholson to inquire into truth thereof; and alsoe of anything formerly or loosely I have writt. Secretary and Treasurour noe comistions since this Queen's reign. Treasurour has nott given security for his place. Bookes of Records in Major Vaughan's custody, wch. belongs to Secretary's office for a suportt thereof as a perquasite unto itt, etc. Am informed H.E. represents ye Govermtts. grantt nott enough to maintain his table, well known what Govermtts. give, wch. with proffitts and gains in Govermtt. judged he lays up £1000 per annum, clear of all charges, though another person of honour and justice mightt nott soe much make. In manageing the war great care wth. a vastt exspence aboutt 500 men in pay. Service they doe is now and then on frontiers marching aboutt six miles in the woods a scouting and soe return, the enemy all the while within 3 to 9 miles nightt and day on frontiers, H.M. subjects and lives taken a way, poore country, impoverished, and all for wantt of good conduct, troopes sentt butt signify nothing, and when they march, one days march aboutt 10 miles, next day six miles to next town, thus things managed. Ye land mourns under burthen thereof: judge you'l have accott. from better hands then mine. Govermtt. in N. Hampshire carryed on by Councill, Governour apointts Assemblys to sett and raise mony when neither Governour nor Lt. Governour in province. There Actts. pass outt of Govermtt. Queen sends her letter directed to H.E. etc., with a new seal to break the old. Governour sends ye letter and seal to Secretary for Councill to receive, and break ye old. I knew nothing of itt, till I came into ye province, there found the Queen's order: in Councill did se ye old seal broken: thus my lords am I treated by ye Governour, wch. judge very hard, humbly conceive all orders recd. from Crown should be putt in execution either by H.E. or Lt. Governours in person on the place, and nott under pretence for Crown Govermtt. sett up Comonwealth. There is 3 persons whoe judge Queen noe rightt to soile or Govermtt. butt all in people: vizt. Major Vaughan, Richd. Walderen, Samuell Penhollow. I have nothing agt. the gentm., onely want of due royall principles.
No date or signature. Endorsed, Recd. 20th, Read 23rd Nov., 1710. cf. Aug. 5. In Mr. Usher's hand. 1½ pp. [C.O. 5, 865. No. 53; and (abstract only) 5, 913. pp. 278, 279.]