America and West Indies
April 1711, 1-10

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Institute of Historical Research

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Cecil Headlam (editor)

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1924

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440-456

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'America and West Indies: April 1711, 1-10', Calendar of State Papers Colonial, America and West Indies, Volume 25: 1710-1711 (1924), pp. 440-456. URL: http://www.british-history.ac.uk/report.aspx?compid=73855 Date accessed: 23 October 2014.


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April 1711, 1-10

April 1
St. James's
770. Order of Queen in Council. Approving of draught of Commission for Governor Douglas etc. Signed, Christo. Musgrave. Endorsed, Recd. 11th, Read 12th April, 1711. 1 p. Enclosed,
770. i. Draft of Commission to Governor Douglas relating to the rebellion in Antigua. Parchment. 1 p. [C.O. 152, 42. Nos. 56, 57; and (without enclosure) 152, 9. No. 54; and 153, 11. pp. 277, 278.]
Aprill 2.
Whitehall.
771. Lord Dartmouth to the Council of Trade and Plantations. Enquires if there is any objection to the appointment of Thomas Byerly to the Councill of New York. Signed, Dartmouth. Endorsed, Recd. 18th, Read 24th May, 1710. 1 p. [C.O. 5, 1050. No. 18; and 5, 1122. p. 325.]
April 3.
Spanish Towne.
772. Governor Handasyd to the Council of Trade and Plantations. Since my last (March 20) Capt. Riddle, Commander of one of H.M. ships, has run a French negro ship on shore, and has brought in here between 90 and 100 slaves; and I do not here that anything else was saved, the Frenchmen all gott on shore. Encloses publick accounts to be laid before the Lord Treasurer. H.M. Regiment being so sevearly fateagued what with supplying H.M. shipps wth. men, as well as the hard duty the Island requires, make me very sorry that they cannot be releived with me, etc. Signed, Tho. Handasyd. Endorsed, Recd. 18th, Read 27th June, 1711. 1 p. Enclosed,
772. i. Accounts of H.M. Revenue (£9330) (fines, forfeitures, quit-rents, wine licences, impost) and of the Fortifications, Jamaica, March 25, 1709–1710. Endorsed, Recd. June, 18, 1711. 19 large pp. [C.O. 137, 9. Nos. 37, 37, i.; and (without enclosures) 138, 13. p. 332.]
April 3.
Spanish Towne.
773. Governor Handasyd to Lord Dartmouth. Duplicate of preceding letter. [C.O. 137, 51. No. 37.]
April 3.
Whitehall.
774. Mr. Popple to Mr. Attorney and Mr. Solicitor General. The Council of Trade and Plantations having prepar'd the draught of an Instruction relating to the late rebellion at Antego, send you a copy thereof (v. following) for your opinion thereupon as soon as possible. They further desire you will consider whether the powers therein mention'd ought not to be granted under the Great Seal, the power of pardoning rebellion and murder being excepted out of the Governor's Commission, who in such cases can only grant a reprieve, till H.M. pleasure be known. Since the writing of this their Lordships have been press'd to make all possible dispatch in this affair, etc. [C.O. 153, 11. p. 174.]
April 3.775. Mr. Attorney and Mr. Solicitor General to the Council of Trade and Plantations. Reply to preceding and March 29. We have made some alterations in the Comission to the Governor of the Leeward Islands, which wee think proper, and submit them to your Lordships' consideration; And wee are humbly of opinion, that the Comission may be in common form, and that the Additional Comission which wee have perused and altered, may be passed separately, and must be under the Great Seal of Great Britain, adding the usual beginning and conclusion. Signed, Edw. Northey, Rob. Raymond. Endorsed, Recd. Read April 4, 1711. ¾ p. Enclosed,
775. i. Corrected draught of Additional Instruction to Governor Douglas (afterwards turned into a Commission, with the usual beginning and ending, and signed by H.M. at St. James's, April 11, 1711. The corrections in Italics.) Whereas We have been informed that great numbers of our subjects in our Island of Antegoa in America, have lately in an open rebellious manner taken up arms and committed a most barbarous murder upon the person of Daniel Park Esq., then our Capt. General of our said Leeward Charibbee Islands, whereby they have incurr'd, and justly deserved, to suffer such pains and punishments as by Law are inflicted for such heinous offences; Nevertheless We being perswaded that many of the offenders were drawn into that rebellion and murder by the subtile insinuations and by the influence of some of the chief advisers and promoters thereof, and not from any rancour of mind or disaffection to our Government, yet by reason of such their guilt and thro' a despair of our mercy, may throw themselves into evil courses of life, to the endangering the peace and safety of our good subjects, for prevention thereof (by removing all such fears and distrust, as much as in us lies) We, out of our princely disposition to forgive, have resolved that out Clemency shall temper our Justice, Our will and pleasure therefore is We do hereby fully impower and require you that so soon as you shall arrive at Antegoa (to which Island you are to repair without loss of time) and shall have fully informed yrselfe of the circumstances of ye persons concerned therein, and shall have seised and secured the most notorious of the sd. offenders in number not exceeding six and not less than three in order to their being brought to justice, you cause a Proclamation to be there issued in our name under our Great Seale of yt. Island, and published in ye usual manner, containing Our gracious and general pardon, release, and discharge for us our heirs and successors unto all the said offenders (except such of them as shall be seised and secured as aforesaid), their heirs, executors and administrators them, and every of them, of all and all manner of treasons, felonies, misprisions, of treason, or felony, murders, crimes, misdemeanors and offences whatsoever by them, and every of them (except as aforesaid) consulted, commanded, acted, or done, on account of ye said late rebellion and murder, and of all pains, penalties. and forfeitures, that may accrue, for the same; and you are to take care that a clause be therein inserted, whereby it shall be declared that such our free pardon, by the general words, clauses and sentences thereof, shall be reputed, deem'd adjudged, expounded, allowed, and taken in all our Courts there, and elsewhere most beneficially for all our said subjects (not therein and thereby excepted) as if their particular persons and crimes were therein at large and fully expressed, and that such other words, clauses, and sentences be therein likewise inserted, as are usual in Proclamations of general pardon for the making the same most effectual. And whereas out of Our just abhorrance of such heinous offences, and to the end that by a total impunity thereof, the peace and safety of our good subjects may not be again endangered, We have judged it highly necessary that some of ye most notorious offenders be brought to condign punishment, whereby all others may be deterr'd from committing or attempting ye like for the future, Our further will and pleasure is, and we do hereby further impower and require you that you forthwith cause such and so many of the said offenders (soe by you to be seised and secured as aforesaid) as you shall judge proper to be tryed in the usual course of Justice, for such their offences, and being thereof legally convict to suffer according to law. But if by reason of the great number of persons involved in that guilt or otherwise, you shall have good grounds to beleive, or shall find yt. Justice is not like to be had against any of the offenders in that our Island, you may then forbear to proceed to tryal of any of them soe by you seised and secured as aforesaid, anything herein beforecontained to the contrary notwithstanding. And in such case Our further will and pleasure is and We do hereby further impower and require you, that by the first convenient opportunity you cause the said offenders so seised and secured as aforesaid to be sent into this our Kingdom under safe custody, in order to their being proceeded against and punished here according to law, provided you do not cause any offender who shall have been already tryed there for the said rebellion, or murder, and acquitted thereof, by due course of law, to be either tryed there a second time for the same offence, or sent over hither in order to such prosecution here as aforesaid. And lastly Our will and pleasure is, that you give a full account of your proceedings herein, to one of our Principal Secretaries of State, and to our Commissioners of Trade by the first opportunity. Endorsed, Recd. Read April 4, 1711. 6 pp. [C.O. 152, 9. Nos. 52, 52 i.; and 153, 11. pp. 175–180.]
April 4.
Whitehall.
776. Council of Trade and Plantations to Lord Dartmouth. Enclose draught of Instructions for Governor Douglas (v. preceding). Mr. Attorney and Mr. Solicitor General are of opinion that the powers therein mention'd should be given by a Commission under the Great Seal of Great Britain, in order whereunto we conceive it will be sufficient that the usual beginning and conclusion of Commissions be added. We shall transmit the ordinary instructions to your Lordship as soon as possible, etc. [C.O. 153, 11. pp. 180, 181.]
April 4.
Whitehal.
777. Council of Trade and Plantations to Lord Dartmouth. In accordance with H.M. Orders (March 1st and 24th) we were attended yesterday by Mr. Keen, who inform'd us that he was able and willing to make good his complaint (Jan. 26, 31), and desired leave to inspect and have copies of accounts at the Ordnance Office given in by the Engineer at Newfoundland 1705–8, and the Mr. Hucksford, late Master—gunner, and William Janson, late gunner there, now both at the Ordnance Office may be summoned to attend the Council on the day fixed for hearing. We not having sufficient powers to require the attendance of any person at the Council Board, or to direct that he be allowed to inspect the accounts as desired, refer him to your Lordship. On this occasion we take leave to observe to your Lordship that the sending us a copy of an Order of Council, where we ought to have had an original under the seal of the Office, we conceive to have been very irregular, yet that H.M. service might not suffer, we have proceeded upon the copy. Autograph signatures. 2¾ pp. [C.O. 194, 23. No. 3; and 195, 5. pp. 228–230.]
April 4.
Whitehall.
778. Mr. Popple to Mr. Keen. The Council of Trade and Plantations think it necessary for you to lay before them affidavits in proof of your allegations against Major Lloyd etc. [C.O. 195, 5. pp. 230, 231.]
April 4/15.
Fort Kykoverall.
779. Commandant Vanderheyden Rezen to the Directors of the Dutch West India Co. Signed, P. Vanderheyden Rezen. Endorsed, Recd. June 19 (N. S.) 1711. Dutch. 3 pp. [C.O. 16, 21. No. 4.]
April 5.
Whitehall.
780. Lord Dartmouth to Governor Lord A. Hamilton. Encloses following petition on behalf of several mariners prisoners at Lima. H.M. would have your Lordship immediately upon your arrival at Jamaica use your best endeavours to obtain their release in case they are not sooner discharged, either by exchange of others, if there be any such on the Island, or by such other means as your Lordship shall think most proper, which being an act of so much charity and compassion towards H.M. subjects, I need not further recommend it to your care. Signed, Dartmouth. Annexed,
780. i. Petition of John Bachelor, James Hollidge and other merchants of Bristoll to the Queen. Petitioners fitted out a ship from Briston called the Dutchess upon an Expedition into the South Seas to annoy the enemy in those parts, and have taken several prizes and one town. Simon Hatley, mate, with others of the crew, who were putt on board one of the prize ships, being obliged thro' want of provision to go on shore, were seized by the inhabitants and carried to Lima prison, where they now are, together with several others of your Majesty's subjects formerly belonging to the ships under Capt. Dampiere's command. Pray H.M. to order the Governor of Jamaica to send to Lima to claim them. Annexed,
780. ii. Simon Hatley to Messrs. Hollidge & Co. Lima Prison, Nov. 6, 1709. Reports as above. Concludes:—Some of our countrymen that were here before we came, they have made turn their religion, we live a sorrowful life amongst them, and always plagued by the Fathers, putting us in irons and in the dungeon to make us turn, but we are resolved to dye first. I and one more they have had to the gallows, hanged until we were almost strangled before they cutt us down, this is what offers from, Gentlemen, Your most humble servant. Signed, Simon Hatley. Mem. Similar letter with enclosures sent to Brigadier Handasyd. [C.O. 324, 32. pp. 64–68.]
April 5.
Whitehall.
781. Council of Trade and Plantations to Lord Archibald Hamilton. Reply to March 16. We find, upon enquiry at the Lord Dartmouth's Office, that H.M. has been pleased to sign a warrant appointing Mr. Broderick Her Attorney General of Jamaica. We wish your Lordship a safe and speedy voyage to your Government, etc. [C.O. 138, 13. p. 328.]
April 5.
Antigua.
782. Lt. General Hamilton to the Council of Trade and Plantations. Encloses duplicate of former letter relating to the death of Governor Parke, with Minutes of Council. I have very little addition to make, all the endeavours used by myselfe and the Members of the General Council proveing ineffectuall, as your Lordships may perceive by the Minutes of March 14, etc., [by which] your Lordships may be duly informed of the stepps made both by the Council and myselfe to discover the truth of that unhappy affair, but as it hath proved unsuccessfull, so I have not to enlarge thereon, only to begg that your Lordships will admitt me to recommend that part of the Council's request which implores H.M. most gracious and favourable construction on the unfortunate action, assuring your Lordships that nothing will so effectually contribute to the restoration of peace and unity amongst the people as H.M. grace and favour on the unhappy commotion, without which I fear this poor Island will soon be in a farr worse and more distracted condition then ever, espetially if there should be any prosecution against the inhabitants, most of them being concerned therein, for prevention whereof I presume your Lordships will use your utmost endeavours in regard to H.M. interest and the good and tranquility of the Island, which I hope will now be brought into some posture of defence in a little time, the Council and Assembly in conjunction with myselfe pursuing all measures that tend thereto, so that unless there be a turne of affaires by a prosecution for the unhappy action relating to the death of General Parke, or some thing else intervenes, which cannot be foreseen I perswade myselfe I shall be able to give your Lordships' advice that our fortifications are repaired, lost discipline restored, the divisions heal'd, and all things running in their due channell, to accomplish which I assure your Lordships there shall not anything be wanting that is in my power. But in the interim, the magazeens and stores of warr in the other Islands as well as this are exhausted, and tho' I have recommended to the consideration of the Generall Council and Assembly the provideing a new supply, yet I am now oblidged to lay the same before your Lordships, and to request that you will be pleased to supplicate H.M. for a good quantity of small arms, cartouch boxes, swords, powder, flints and other stores, to be sent by the first good conveyance which shall happen for the defence and protection of these her Islands, there being no possibility otherwise to procure the same as your Lordships may perceive by the copy of an address to me from the Generall Council and Assembly entered amongst their Minites of March 3rd., etc. This Government is in great want of these as well as of all stores for our great guns especially carriages, for those sent by Sir John Jennings and the St. Quintine of which last his late Excellency sent the ten culverin to this Island, where they have ever since the hurricaine been burried in the sand, which I am now about getting out againe. But the carriages were quite lost in the storme, he also sent four of the demi-culverin with powder and other stores in proportion, he likewise sent away the flagg and ginn that came in said ship for want of which I am forced when there is occasion to mount any guns at Nevis to order them to be lodged in their carriages woal'd with a haszard and so oversett which is a mighty straine and often breakes the axell trees if not the whole carriage, the flagg was never delivered to any of the Islands, but the ginn was sent here. The late Generall at the request and desire of the Council of this Island commissionated and appointed Lt. Governour Yeamans to be Chiefe Justice of the Courts of Common Pleas in this said Island, which I find to be contrary to H.M. Instructions, but as I presume H.E. advised your Lordships thereof, so I thinke convenient to continue him untill I have your Lordships' opinion therein, that I may act agreeable thereto. By my last I did promise your Lordships to make enquiry for the old seal and to returne the same if it could be found, the first of which I have perform'd and should have been glad to have obeyed the other, but by what I can understand the same was melted and made into a Tankerd for his late Excellency by his owne orders and directions, so 'tis not possible to comply with your Lordships' commands in that particular. I think it indispensably my duty to lay before your Lordships the ill state of the Islands for want of their being guarded and the trade to and from them protected, which its imposable can be done by one man of warr, the Islands lying seperate, and at so great a distance from each other, the dayly insults committed by the enemys privateers are too plain demonstrations thereof. They narrowly watch the motion of the man of warr, that when she is to windward they are commonly to Leeward and appear even at the mouths of our very harbours, by which means the inhabitants of the severall Islands are constantly harrassed and oblidged to guard every night to prevent their being robbed; which notwithstanding, some time happens, as it did about a month agoe on the Island of Montserratt where they landed in the night and almost ruin'd two particular familys, vizt. that of the late Lieut. Governour's and a nephew of his one Capt. Anthony Fox, they tooke from the former 45 very fine slaves and 25 from the latter, and one from Capt. George Wyke, and would have taken more had they not been discover'd by a negroe that made his escape and allarm'd the Island, which brought downe the Gentlemen and others out of the Country, who took 26 of the negro stealers (for no other I can call them) prisoners, whom, since they had quarter given them, I have sent amongst some other prisoners that were here to Martinique to be exchanged. By all which your Lordships may judge that these Islands ought at least to have as many ships of warr to protect them as is allowed to the Government of Barbado's which is only one single Island, and may be much easier guarded by two (though they have three) then this Government can be by four, which I hope your Lordships will be pleased to consider and take such measures therein as may be for the service of H.M. and the benefitt and advantage of these Islands as well as in respect to the security of their trade as the ease and defence of the inhabitants. I likewise hope your Lordships will have patience and pardon me for giving your Lordships this long and undeniable demonstration of which I beleiving it absolutly my duty so to do, which is vizt. that there ought allways to be one of the men of warr on this station during the present warr to attend the Governor in Chief or Capt. Generall, who is at all times oblidged to go from one Island to the other as H.M. service requires it, that one of the said ships of warr ought to cruise to windward to protect the trade coming to the respective Islands, one to Leeward, and constantly to convoy or see the loaden ships from the severall Islands out of danger of the privateers, and these men of warr alternately change their stations, by which means they would at uncertaine times be oblidged to make a cruize betwixt the severall Islands, which would so discourage and dismay the enemy's privateers that they would hardly know where or how to shelter themselves, besides if at any time the Generall or Chief Governour should find H.M. service would require his stay in any one of the Islands for the space of a month or longer, one of the said ships of warr in the meantime might be ordered to careene, by which means wee should allways have the said ships in good order to attend the enemy as well as to defend the Trade, and that those ships might be one of fifty guns to give countenance, the rest to be small ones and nimble saylors, tho' they were but such sloops as H.M. has lately ordered to be built, all this I offer as my humble opinion; without which the Islands can be never guarded or the inhabitants eased of the great fatigue and expence they are constantly at, but with all submission referr it to your Lordships' consideration. One John Bermingham, (an Irishman) commonly known by the name of Capt. Bermingham, who was in the late Generall Parke's time very often imploy'd to go in Flags of Truce to the French Islands as well as in other services wherein he often behaved himselfe with a great deal of insolence to sundry of the inhabitants of these Islands, and has some time since joined with the subjects of the French King and landed on the Island of Berboda took of all the slaves belonging to Col. William Codrington as also the few whites he had thereon, the particulars I cannot informe your Lordships of till the return of a Flag of Truce which I have sent, and dayly expect back from Martinique, but whether she will returne time enough for me to accompany this letter with my further advices is uncertaine, H.M. immediate service requiring my going forthwith to Anguilla, and Spanish Towne having intelligence fron the Deputy Governour of the first place (to whom I had given an account as I did to all the other Islands of this Government, as well as to that of Barbado's of the said Bermingham's disertion or turning rebell) that he had apprehended three spy's that were sent by said Bermingham in a boat to enquire and learn the strength of the place with the number of slaves they had upon the same as the spyes confest adding that the said Bermingham is now with two large privateers' sloops at St. Martin's as has there two hundred and odd men to surprize or attack them upon which I have resolved the moment the man of warr arrives which is hourly expected being to windward of the Island to imbarke and go to their reliefe which is another instance that the Islands cannot be served well by one ship, for had there been more on this station I might have been able the moment I had notice of this villaines designes to have gone to Leeward, and very probably surprized him which I am afraid will be now to late. The Deputy Governour of Spannish Towne advices me that they are inform'd the Spaniards designe to attack them with 500 men. If I have wrote a little too eager on this subject, I hope your Lordships will pardon me, and beleive its out of a sincere inclination I have for the service and the care of the people under my charge, if the packet boat should arrive before my returne your Lordships I hope will pardon me for not being more particular about Bermingham and may expect his whole transactions by the first oppertunity after my return. P.S. April 7th. Since the foregoing I have had an express from Montserratt that they have intelligence by way of Martinique that the enemy have a designe to make an attempt upon that Island with 700 privateers who are commissionated for that purpose by their new Generall Monsieur Philipeaux and that that runagado Bermingham is to be one of the number, by which your Lordships will find me againe under the greatest difficulty immaginable which way to goe, however when the man of warr comes in, which I expect every minite, shall do my utmost to give releife to the place that most requires it, and withall would endeavour to assist them with some force from hence, but I perceive it impossible either to raise men or mony, there not being any fund in the Treasury of this place at present to discharge the same, and besides if there was I doubt I should find it a very difficult task to prevail with the people of this Island to advance for their neighbours, they alledging they are already considerably in disburse for them without any prospect of being repaid, the representatives of the other Islands neglecting to adjust their accounts, which I know to be fact, and without some directions from your Lordships on that matter requireing them to settle their publick accounts, I doubt the same will hardly ever be effected. Wherefore I humbly pray your Lordships will be pleased to give some speedy orders therein if you see fitt. There is one thing more I judge would prove for H.M. service, if your Lordships thinke it proper to be lay'd before H.M., which is the procuring a Generall pardon to be proclaim'd for all such Brittish or Irish subjects as have inlisted or entered themselves into the service of the French King, or the Duke of Anjou by the name of King of Spain, provided they do returne to their allegiance within such a time as your Lordships should thing proper, being informed that a great many of their privateers are such who are heartily weary of their service and would willingly returne if they could be secure of their pardon. Signed, W. Hamilton. Endorsed, Recd. 23rd, Read 27th, June, 1711. 12½ pp. [C.O. 152, 9. No. 70; and 153, 11. pp. 322–333.]
April 5—7.783. Lt. General Hamilton to [? Lord Dartmouth.] Duplicate of preceding. Enclosed,
783. i. Address of the General Council and Assembly of the Leeward Islands to Lt. General Hamilton. St. Johns, March 3, 1710 (11). Haveing taken your Honour's speech into our serious consideration as to that part relateing to the repair of our much neglected fortifications, magazeens, and stores of war throughout the several Islands, it is the humble opinion of both houses, that the best and most effectual methods for their speedyest repair will be the properest consideration for the particular Legislatures of the respective Islands, but considering the extreame want wee are in of small armes, powder, flints, swords and other stores, the low state of our several Treasuryes, and the impossibility of procureing a reasonable quantity of such stores here; do find ourselves under the necessity of becomeing humble suitors to her most sacred Majesty for a supply thereof. Pray him to make application accordingly. Signed, Antho. Ravell, Antho. Fox, Dan. Mackinen, Ralph Willett, Fran. Carlile, Ja. Watkins, William White, John Bramley, Wm. Parsey, Natha. Crump, Speaker, Ro. Cunynghame, Clemt. Crooke, John Duport, Jos. Crisp, Jo. Eleis, John Willett, James Milliken, Edw. Byam, Hen. Lyons, John Daly, Geo. Wyke. 1 p.
783. ii. Address of the General Councill of the Leeward Islands to Lt. General Hamilton. St. Johns, March 14, 1710. Wee have seriously considered that part of your speech made to us at the opening of this sessions on Feb. 22, desireing us to enquire into the true reasons how the differences between Governor Parke and the inhabitants of this Island came to so unhappy a heigth as to occasion the death of H.E. and others. And tho' your Honour at the second meeting, which was on Feb. 24th, by our request issued a Proclamation requireing all persons who could give any evidence or testimony relateing to those affairs to appear before us on March 1st to be examined therein, and tho' wee did deferr entering into any consideration thereof for severall meetings in regard no witnesses appeared, and notwithstanding your Honour in conjunction with us sent a message in writeing to the Members of the Generall Assembly desireing to know if they had anything to offer in that matter, yet no manner of wittnesses or evidences did appear or were produced to us untill the 10th inst., at which time there onely appeared Dr. Gousse Bonnin, Lt. Richard Worthington, Sarah Collongs and Sergeant Bowes (notwithstanding the Members of the particular Councill of this Island as well as the others were summoned to appear) coppyes of whose depositions are hereunto annexed. But wee do not conceive that the matters therein contained are sufficient to apprise us of the rise and beginnings of those unfortunate differences, so that we cannot advise your Honour what further stepps to take in the premisses in order to make a more full and perfect discovery thereof, Your Honour as well as ourselves having already pursued all such measures as wee presumed would effectually have answered the same. But wee are humbly of opinion that Her most sacred Majesty will upon the Representation which has been offerred home upon this occasion from the Lt. Governor and Councill of this Island, with the account of our owne proceedings hereon which wee humbly presume your Honour will likewise lay before H.M., be graciously pleased to direct your Honour what in Her royall wisdom she shall think most proper in so difficult a point, Till when wee beleive it most adviseable for your Honour to wait H.M. Royall pleasure in regard wee beleive the generality of the inhabitants were concerned therein except in the mean time a more expedient way may be offerred or found. And as wee must acknowledge your Honour's great care and concerne upon this occasion to find out the truth, so hope wee have discharged our duty to H.M., your Honour and our Country, etc. Signed, Jo. Eleis, John Willett, James Milliken, Edw. Byam, John Daly, Geo. Wyke. 1 large p.
783. iii. Interrogatories exhibited to (a) Gousse Bonin, Chyrurgeon, before the Lt. General and General Council of the Leeward Islands, March 10, 1710 (11). I saw H.E. carried out to the house where he died, and tarried there with him until he was dead. Q. After he was brought out of the house where he was wounded did you see any person drag him through the streets, as has been reported? A. I did not. (b) Lt. Richard Worthington. I had no command from H.E. for what I did at Mr. Chester's. I was wounded myself and am no witness of what became of H.E. after he was wounded. Q. What reasons had you for writing a letter to Mr. Ayon that some persons had designes to murther him ? A. I mett with one Johnson late servant to Mr. Ayon, who told me on Wedn., Feb. 28, that Mr. Ayon was to be murthered that night. I immediately sent him word, because I thought it might be fact, by reason that a few nights before I was attacked by eight or ten persons all in white jacketts below Mr. Denbow's door, upon which I laid my hand to my sword and made a stand at which time some of them said it was not he, meaning as I did suppose Mr. Ayon, we both of us being much together that day, and both in black cloths. 1 large p.
783. iv. (a) Deposition of Sarah Collongs, St. Johns, March 10, 1710 (11). On Dec. 7 deponent with Sarah Pelham did wash and shroud the corps of H.E. at the house of Mr. John Wrights in St. Johns. He was in no way bruised or wounded in his body or any of his limbs, but by a shott in one of his thighs. Deponent saw him attended at Mr. Wright's house by Dr. Gousse Bonin. He was very uneasy and tumbled himself to and fro after the Doctor had put some tow into the wound to stopp the bleeding. He asked the doctor if he could stopp the blood, who answered that he could if he would be ruled and would not tumble so much. Notwithstanding, H.E. continued to turne himselfe to and fro in the bed, with which the wound bled afresh, and in a very little time he expired, haveing before complained very much of his back, but tho' deponent actually washed his back and shrouded his corps she saw no manner of wound or bruise there or in any other part saveing that in his thigh. Signed, Sarah Collongs, her marke.
(b) Deposition of Charles Bowes, St. Johns, March 10, 1710 (11). Sergeant in Col. Jones Regiment, deponent for 3 years past was for the most part on duty upon the guard of H.E., who often told him and severall soldiers belonging to the guard, that if they would beat and insult any of the Gent. of the country, he would as an encouragement give them a pistole apeece for everyone they should so beat and insult, and that he would give a good reward to any of them that would well thrash Capt. Edward Perrie and Mr. Stureman, and protect them from punishment. Deponent heard H.E. frequently tell the soldiers that if he had but some companys which he knew in Flanders he would soon drive halfe the planters in the Island, and that they were cowards for not beating the planters, which he had so often ordered them to do. H.E. sent for him the night of Dec. 6th, and told him that he heard the Protestants had a beef which was tyed in Patrick West's yard, and that if Deponent with some of his soldiers would go and take away said beef, he would give him 5 pistoles and to every soldier that should assist him in doing it, two pistoles a peece. Deponent answered he would goe and try, in some small time after Mr. Michael Ayon and Lt. Worthington came up to the guard, where deponent acquainted Worthing ton what had passed between him and H.E., saying he beleived it was impossible to do it. Worthington answered that he would rather then anything but that it should be done, because he knew it was the Generall's desire, and that if he thought anyone of the soldiers then present would refuse to assist in takeing the beef, or offer to discover the same, he would immediately run his sword through his gutts, whereupon the soldiers presently went and searched the Towne till they found said beef. Deponent beleives, if Worthington had not been there, the beef would not have been taken away. H.E. next morning told deponent that if he, or any of them that were with him, should be examined about takeing the beef, they must swear they took it from negroes in the street. Signed, Charles Bowes. The whole 1 large p. [C.O. 152, 42. Nos. 59, 55, 21, 22, 23.]
April 5.
Whitehall.
784. Lord Dartmouth to the Councill of Trade and Plantations. Encloses following for their report thereon tomorrow. Signed, Dartmouth. Endorsed, Recd. Read April 6th, 1711. ¾ p. Enclosed,
784. i. Governor Walter Douglass to Lord Dartmouth. Petitioner doubts his Commission and Instructions can be dispatched time enough to embarke with ye convoy now at Portsmouth, which will sail with ye first fair wind. There being a third ship added to the usual convoy to that trade, he proposes that part of the convoy may be stayed for him, etc. 1 p. [C.O. 152, 9. Nos. 53, 53 i.; and 153, 11. pp. 181–183.]
April 6.
Whitehal.
785. Council of Trade and Plantations to Lord Dartmouth. Reply to preceding. Mr. Douglas' Instructions will be sent to your Lordship to-morrow morning, being all that is to be dispatched by us. Autograph signatures. 1 p. [C.O. 5, 4. No. 2; and 153, 11. p. 184.]
April 6.
Whitehal.
786. Same to same. We herewith transmit the draught of Mr. Douglas' Instructions, which are to the same purpose as those that were given to Col. Parke; and have only to observe that there wants one Councillor for Nevis, two for Antego, two for Mountserrat and one for St. Christophers, to supply which vacancies no persons, of whose qualifications we are sufficiently inform'd having been as yet recommended to us, we therefore submit it to H.M. whether it may not be convenient, that the said vacancies be kept open till Major Douglas upon his arrival at his Government shal pursuant to his Instructions in that behalf, send over the names of such persons as he shal judge fitly qualify'd. etc. Annexed,
786. i. H.M. Instructions for Walter Douglas Governor of the Leeward Islands.
786. ii. H.M. Instructions to the same, relating to the Acts of Trade and Navigation. [C.O. 153, 11. pp. 184–272.]
April 6.
Admiralty Office.
787. Mr. Burchett to Mr. Popple. I have read to the Lords Commissioners of the Admiralty your letter of March 24 together with the proposal of Mr. Polhampton (March 5). Their Lordships will give the strictest orders to the Capts. of the Queen's ships that they doe not at their perril doe anything which may prejudice H.M. in the manner Mr. Polhampton represents; and will recomend it to the Governours of those places whereon the ships attend, to send them to cruiz as he hath proposed in the winter season. What I have more to add is, that Mr. Polhampton was not willing to accuse any particular officer of the abuses mentioned in his generall representation. Signed, J. Burchett. Endorsed, Recd. 7th, Read 9th April, 1711. Addressed. 1 p. [C.O. 5, 1050. No. 17; and 5, 1122. pp. 321, 322.]
April 7.788. Merchants and estate owners of Antegoa to the Council of Trade and Plantations. Recommend Richard Lightfoot of East Greensted, who has a considerable estate there and also in Antegoa, for the Council of that Island. Signed, Robert Chester, Rowld. Tryon, Saml. Ball, Wm. Parrott, T. Forster, Ed. Warner, Nath. Carpenter, James Field, Sam. Richards, John Travers, Wm. Johnson. Endorsed, Recd. Read April 12, 1711. 1 p. [C.O. 152, 9. No. 59.]
April 7.
St. James's.
789. H.M. Commission to William Tayler to be Lt. Governor of the Massachusetts Bay. Countersigned, Dartmouth. [C.O. 324, 32. pp. 68, 69.]
April 7.
Whitehall.
790. Lord Dartmouth to Governor Douglas. There being at present one Councellour wanting for Nevis, two for Antegoa, two for Mountserrat, and one for St. Christophers, upon your arrival at your Government you are to send over the names of such persons as you shall judge fitly qualifyed to serve as members of the said respective Councils that I may lay them before H.M. and receive her directions therein. Signed, Dartmouth. [C.O. 324, 32. p. 69.]
April 10.
Whitehal.
791. Council of Trade and Plantations to Governor Douglas. Besides what is contain'd in H.M. Instructions to you, there are several other particulars relating to your Government, which we think ourselves obliged to take notice of to you, (vizt.), Whereas Laws passed in H.M. Leeward Charibbee Islands (as in other H.M. Dominions in America) have before the publication thereof been usually sign'd or underwritten by the Capt. Genl. or Commander in Chief, and the Speaker of the General Assembly respectively, testifying their respective assents given to such laws, and whereas it hath been represented to H.M. that the Genl. Assembly of the Island of Antego do pretend and insist that all laws after they have pass'd the Legislature there ought to be sign'd or underwritten by the Capt. Genl. or Commander in Chief (to testify his assent to such laws as aforesaid) before the same are sign'd or underwritten by the Speaker of the Genl. Assembly for the like purpose, whereby they do pretend to reserve to the discretion of their Speaker the last act to be done in relation to the passing of bills and in so doing wou'd assume a power of giving sanction to all laws pass'd and publish'd in the said Island, in derogation of H.M. undoubted prerogative, and tending to frustrate Her intention in giving a negative voice by Her Commission to the Capt. Genl. or Commander in Chief, the true meaning whereof is that the ultimate power of passing or rejecting all laws there, shal reside in the said Capt. General or Commander in Chief, which power no Assembly in any other of H.M. Dominions has at any time attempted to elude by such pretended priviledges as aforesaid or in any other manner to dispute; You are therefore to forbear to sign or underwrite any law to be hereafter pass'd in the said Islands testifying your having given your assent thereto until such law shal have been first sign'd or underwritten by the Speaker of the Genl. Assembly to show that they have passed or agreed to the same. And you are to give directions to the Lieut. General and Lieut. Governors of each respective Island to take the like care herein. The foregoing state of the dispute which happen'd between your predecessor and the Genl. Assembly of that Island in relation to their signing laws past there, and the directions we have given you for your better guidance in that matter are such as we have been able to collect and frame from ye accounts thereof sent us by Col. Parke; but in regard the same are not so full and clear as they ought to have been, we shal therefore expect that when you have informed yourself of the grounds and nature of that dispute, you do with the first opportunity acquaint us therewith, particularly whether all laws having pass'd the Legislature, that is ye assent of the Govr., Council and Assembly of that Island, are not to all intents and purposes good laws, and may be publish'd as such notwithstanding the same be not sign'd by the Govr. and Speaker of ye Assembly, them or either of them, and if so, then of what use is such signing, or to what purpose does the same operate, that is if it be necessary, or a matter of form only. Several persons having been recommended to us to be members of H.M. respective Councils in Nevis, Antego and St. Christophers, we send you here inclosed a list of their names, that you may upon your arrival in those Islands enquire into their characters and qualifications whether they be men of estates and well affected to H.M. Government, wch. having done you will transmit an account thereof to us by the first opportunity pursuant to your Instructions in that behalf and the names of such other persons as you may think fitly qualify'd to serve H.M. in her respective Councils there, that we may lay the same before H.M. from time to time to fill up any vacancies that may happen in the said Councils. Two Acts having been passed at Nevis, the one on Feb. 23, 170¾ for the establishing of Courts in Nevis, etc., the other June 22, 1705, at a General Assembly of all the Leeward Islands at Nevis for establishing Courts, etc. throughout all the Leeward Islands; enclose copies of Representation Dec. 23, 1708 and Order in Council Dec. 30, 1708, repealing same, for your information, and that you may move the next General Assembly of all the Leeward Islands to pass a new Law (if the same be not already done) for establishing Courts, etc. not lyable to the same objections as those aforementioned. Whereas the business of the Plantations frequently suffer delays for want of proper persons appointed to reside here on the part of each respective Government who may be ready at any time to solicite the dispatch of business in the respective offices where the same may be depending, you will therefore do well upon your arrival by and with ye advice of ye respective Councils to appoint a proper person or persons for that purpose, and endeavour to get a suitable and reasonable salary to be setled upon such person by the Assembly for his care and trouble in the service of the said Islands under your Government. [C.O. 153, 11. pp. 273–277.]
April 10.
St. James's.
792. Order of Queen in Council. Approving drafts of Instructions to Governor Douglas, etc. Signed, Christo. Musgrave. Endorsed, Recd. 11th, Read 12th April, 1711. ¾ p. [C.O. 152, 9. No. 55; and 5, 11. No. 63; and 153, 11. pp. 278, 279.]
April 10.
St. James's.
793. Order of Queen in Council. Approving Representation of April 6th (q.v.) relating to vacancies in the Councils of the Leeward Islands, and ordering accordingly. Signed and endorsed as preceding. ¾ p. [C.O. 152, 9. No. 56; and 153, 11. pp. 279, 280; and 5, 11. No. 62.]
April 10.
St. James's.
794. Order of Queen in Council. Approving additional Instructions to Governor Douglas, relating to the disorders at Antegoa, and ordering that it be converted into a Commission as proposed April 4th. Signed and endorsed as preceding. 1 p. [C.O. 152, 9. No. 57; and 153, 11. pp. 280, 281.]
April 10.
St. James's.
795. Order of Queen in Council. Ordering that the Lord Dartmouth do cause the two following Heads of further Instructions to Governor Douglas to be prepared for H.M. signature; (1) That besides the six or three persons directed by ye Governor's Commission to be tryed, the Governor have liberty to try any such others, who shall not surrender themselves according to the Proclamation to be issued, as they shalbe apprehended, as the Governor shall think fit. (2) That in case any person shalbe thought fit to be sent over into England to be tryed for ye said offences, care be taken to give ye party accused due notice for getting his witnesses ready to attend his tryal here, as also to see that witnesses be likewise sent over in H.M. behalf. Signed and endorsed as preceding. ¾ p. [C.O. 152, 9. No. 58; and 5, 11. No. 61; and 153, 11. pp. 281, 282.]
April 10.
Whitehall.
796. Council of Trade and Plantations to the Queen. Recommend Samuel Barwick to be a member of the Council of Barbados (v. March 24), in case there be a vacancy, as alledged, whereof nevertheless we have as yet had no advice from Mr. Lillington, etc. [C.O. 29, 12. pp. 342, 343.]
April 10.
St. James's.
797. Order of Queen in Council. Appointing S. Barwick, as in preceding. Signed, Christo. Musgrave. Endorsed, Recd. 12th, Read 15th May, 1711. 1 p. [C.O. 28, 13. No. 58; and 5, 11. No. 60; and 29, 12. pp. 347–349.]
April 10.
Whitehall.
798. Council of Trade and Plantations to Governor Hunter. We herewith inclose to you a copy of Mr. Polhampton's memorial (v. March 5), and Mr. Burchett's letter, April 6th, not doubting but you have already taken care to put a stop to such abuses and mismanagements, and that you will continue to prevent the like for the future. [C.O. 5, 1122. pp. 323, 324.]