Journal, March 1705
March 1. Present:—Mr. Cecill, Sir Philip Meadows,
Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Gracedieu and Heathcote. Irregularities in the Assembly.
Sir Bartholomew Gracedieu and Sir Gilbert Heathcote attending,
an extract of the minutes of the Assembly of Jamaica from the
8th to the 29th of November last, relating to several irregularities
in that Assembly, was communicated to them, and the secretary
directed to send them copies thereof, in order to their writing to
their friends at Jamaica thereupon.
Representation about recruits.
A representation [fo. 286, 371] relating to recruits for the four
companies at New York, was signed.
Letter to Bishop of London about Mr. Jackson's behaviour.
A letter to the Lord Bishop of London relating to the behaviour
of Mr. Jackson [fo. 287], minister at Newfoundland, was signed.
Letter to Mr. Secretary Hedges about ships trading from hence to Curaçoa and St. Thomas.
A letter to Mr. Secretary Hedges in answer to his of the
16th February [fo. 286] relating to ships trading directly from hence
and Ireland to Curaçoa and St. Thomas, was signed.
Letter from Colonel Dudley.
Extract thereof about his expedition to L'Accadie sent to Mr. Secretary Hedges.
A letter from Colonel Dudley to the secretary of this Board,
dated the 27th of November last, was read; and thereupon ordered
that an extract thereof, relating to Colonel Dudley's expedition to
L'Accady, be sent to Mr. Secretary Hedges for his information
Sir Henry Ashhurst about his negro's going for a soldier.
Sir Henry Ashhurst attending, acquainted their lordships that
an Indian, a servant of his, who had some time since been demanded
by Colonel Dudley, was now going to be a soldier in Captain James
Tyrrell's troop, and that he would not consent to let the said Indian
go till he had informed their lordships thereof; whereupon he
was told that the Board had no objection thereunto.
Letter to Mr. Secretary Hedges about Captain Lloyd.
A letter to Mr. Secretary Hedges in answer to his of the 14th instant
relating to Captain Lloyd, was signed [fo. 286].
Letter to Sir William Matthew.
A letter to Sir William Matthew, Governor of the Leeward Islands,
in answer to the late letters received from him, was signed.
March 2. Present:—Mr. Cecill, Sir Philip Meadows,
Mr. Blathwayt, Mr. Pollexfen.
Mr. Lone with two affidavits relating to his ships being stopped.
Letter to Mr. Secretary Hedges with a representation.
Mr. Lone attending [fo. 285], presented to their lordships two
affidavits of the masters of his ships mentioned in his petition which
was read at the Board the 23rd of the last month relating to the
said ships being stopt in Virginia and Maryland, which were
read; and thereupon a representation to her Majesty upon the
said petition, as also a letter inclosing the same to Mr. Secretary
Hedges, were signed.
Letter to Mr. Secretary Hedges with extract of Colonel Dudley's letter.
A letter to Mr. Secretary Hedges, inclosing to him an extract of
Colonel Dudley's letter relating to Accadie and Canada, as directed
in yesterday's minutes, was signed [fo. 292].
Letter from Mr. Burchet about Captain St. Lo's not having instructions to press.
A letter from Mr. Burchet, in answer to one writ him the 28th of
the last month [fo. 290] signifying that Captain St. Lo had no
orders not to impress men at Barbados, was read.
Memorial from four suspended counsellors.
A memorial from Mr. Lillington, Mr. Tyrrel, Mr. Ramsay and
Mr. Cryer [fo. 282], relating to their suspension from the Councill of
Barbados, which was delivered yesterday by Mr. Bernard to the
secretary, was read.
Hearing of complaints against the Governour.
Mr. Maycock, Mr. Kirton [fo. 282, 302] and several Barbadoes
gentlemen, with Mr. Cooper their counsell, on the one side, as also
the Barbados agents with Sir Thomas Powis and Mr. Pooley, their
councill (sic), attending, on the other, Mr. Secretary Hedges's letter
of the 20th of September last [fo. 126] refering to the Board the
petition of John Leisly, Thomas Maycock, Philip Kirton, William
Tyrrell, Christopher Estwick, Enoch Gretton and Thomas Maxwell,
late members of the Assembly of Barbadoes, was read; and
her Majesty's Order in Councill of the 11th of January last, upon a
petition in the name of all the said gentlemen (except Mr. Maycock
and Mr. Tyrrell), and signed John Kirton, was also read. Whereupon Sir Thomas Powis desired to be informed by what authority
Mr. John Kirton had signed the said petition, and whether that
petition had not been drawn up in England; unto which the said
Kirton replyed that, upon his coming from Barbados, the complainants and several other gentlemen had directed him to make
applications here in England in their behalf, and that, upon his
arrival, finding that there was full evidence in England to make
good their allegations, he had drawn up this second petition
(containing in substance the same as the first) praying to be heard
before her Majesty in Councill.
Several affidavits relating to the absenting members' petition against Sir Beville.
1. Then Mr. Cooper opened the matter of the said petition, and
in proof of the first article, which relates to the harrassing of the
militia, by putting them upon hard and unnecessary duty, the
depositions of Thomas Maycock, William Tyrrell, Lawrence Row
and John Curl, were read. But Sir Thomas Powis objected that
Mr. Maycock and Mr. Tyrrell were not proper evidences to any
of these articles; for they were parties in the complaint, having
signed the first petition, though their names were left out in the
2, 3, 4. To the 2nd, 3rd and 4th articles, relating to a bill brought
into the House for raising two companies of granadiers, by which
they alledged that Sir Beville Granville was to have got 3,000l., they
produced the affidavits of the said Maycock and Tyrrell and of
Mr. William Heysham and Mr. Guy Ball, which were read.
And to that part of the 3rd and 4th articles, which relate to the
turning out of officers and putting others unqualifyed into their
places, the said affidavits of Mr. Maycock, Mr. Tyrrell and Mr. Row
were refer'd to.
5, 6. To the 5th and 6th articles, relating to Scotchmen being
put into places, and to presents made to the Governor by the
Assembly, the said affidavits of Mr. Maycock and Mr. Tyrrell were
7. To the 7th article, relating to Mr. Lee's being forcibly brought
from that island by Captain St. Loe, they produced the affidavit
of the said St. Loe, which was read, and refer'd themselves to
what was said at the hearing of that matter the 28th of February
8. To the 8th article, which relates to the Assembly's allowing
600l. per annum for the Governor's house, instead of 300l. limited
by her Majesty's instructions, and to 5,000l. expended in the building
and repairing thereof, they produced the said affidavits of
Mr. Maycock and Mr. Tyrrell.
9. To the 9th article, relating to exactions upon masters of ships
for permission to sail with or without convoy, they produced the
affidavit of William Bayley and Henry Keys, which were read.
10. To the 10th article, relating to the Governor's rejecting a
petition of John Paston against Colonel John Holder for several
cruelties and abuses committed by the said Holder, they again
produced the affidavit of Mr. Maycock.
11. To the 11th article, relating to undue proceedings at the
election of a new Assembly, they read the said affidavits of
Mr. Maycock, Mr. Tyrrell, Mr. Row, John Curl and Francis White.
12. To the 12th article, relating to the trade of the island's not
being protected by reason of the Governor's sending the men of
war to cut wood at Tobago, and to the Governor's refusing to let
the men of war cruize without allowing him a share in their captures,
as likewise to the Governors stopping of convoys, they produced
the affidavits of Mr. Guy Ball and Captain Samuel Martin,
Commander of her Majesty's ship the Blackwall, which were read,
and Captain Martin being asked whether Barbadoes could be
supplyed with wood without sending to Tobago, he said that
there was no necessity of sending thither, for there was wood
enough on Barbadoes to supply all their wants.
13. To the 13th article, relating to the dissatisfaction of the
inhabitants, and to several people's intending to leave the island,
they produced the aforesaid affidavits of Maycock and Tyrrell.
Upon all which Mr. Cooper observed that they had fully proved
three of the foresaid articles, viz.:—The first relating to the
harrassing the militia, the 5th and 6th relating to presents, and
the 8th relating to 600l. house rent instead of 300l. allowed by
Then Sir Thomas Powis, observing that their lordships had
determined to hear this matter by way of affidavit, desired that
in consideration they were not prepared to reply in the same manner,
a further day might be appointed; which being agreed to by the
other side, their lordships fixed upon Wednesday next at four
o'clock in the afternoon.
March 5. Present:—Lord Dartmouth, Sir Philip Meadows,
Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Mr. Bernard about an Order of Council on a petition relating to the four suspended counsellors.
Mr. Bernard [fo. 282, 301] attending, presented to their lordships a
memorial signifying that having last Councill presented to her Majesty
a memorial relating to the proceedings that have been had here
upon the petition of the suspended counsellors, and being informed
that her Majesty had made some order thereupon, he was not able
to proceed to the hearing intended this day relating to the said
counsellors till he had the said order, which he said he could not
yet obtain from the clerks of the Councill. Whereupon he was
acquainted by Mr. Blathwayt that there was no other order made
upon his petition, but only a minute for the Board to proceed in
hearing the petitioner and in reporting to her Majesty thereupon.
But Mr. Bernard still insisted that he could not proceed till he had
the said order or minute, and that he would be ready at a very
short warning after he shall have received the same.
The hearing design'd for this evening put off, and the agents for Sir Beville acquainted therewith.
Then the agents of Barbadoes attending with their councill (sic),
they were acquainted that Mr. Bernard was not ready to come
to a hearing [fo. 290] this day, and that their lordships would
to-morrow fix a short day for the hearing of that matter.
Letter from Colonel Johnson about Sir William Matthew's death.
A letter from Lieutenant-Colonel Johnson, Lieutenant Governor of
Nevis, dated the 9th of December last, signifying the death of
Sir William Matthew, Governor in cheif of the Leeward Islands,
was read, and an answer to the said letter agreed and ordered to be
transcribed [fo. 301].
Order of House of Lords for scheme of a Bill for releif of the poor.
An order of the House of Lords of this day, directing the Board to
lay before their lordships a draught of the scheme drawn by them
for relief of the poor, was read; and an answer thereunto, for laying
the said draught before their lordships, was signed.
Letter from Colonel Codrington desiring to reassume this government.
A letter from Colonel Codrington [fo. 301], dated at Antego
the 6th of December last, signifying the death of Sir William Matthew,
and his willingness to serve her Majesty again as Governor of the
Leeward Islands, was read.
Letter from Colonel Handasyd with minutes of Assembly.
A letter from Colonel Handasyd of the 31st December last,
inclosing the minutes of the Assembly of Jamaica from the 21st of
September, 1704, to the 10th October following inclusive, was
Letter to him.
The draught of a letter to Colonel Handasyd [fo. 301], in answer
to the late letters received from him, was agreed and ordered to be
Letter to the Governour.
The draught of a letter to Sir Beville Granville, Governor of
Barbadoes, was agreed and ordered to be transcribed.
March 6. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Captain Lloyd about his accounts.
Captain Lloyd attending in relation to his accounts [fo. 283, 320]
laid before the Board the 23rd of February last, was desired to
explain some articles in the said accounts, which he promised to
do and lay the same before their lordships at their next sitting.
Letters to the Governors.
Letters to the Governors of Jamaica and Barbados were agreed
Letter to Colonel Johnson upon the devolvment of the government on him, &c.
A letter to Colonel Johnson, Lieutenant Governor of Nevis, in
answer to his of the 9th December last [fo. 299], relating to the
government of the Leeward Islands devolving upon him by the
death of Sir William Matthew, was signed.
Letter to Colonel Codrington upon his desire to reassume that government.
A letter to Colonel Codrington, in answer to his of the 6th of
December last [fo. 300, 302], about his desire of re-assuming the
government of the Leeward Islands, was signed.
Three letters from the Lieutenant Governour.
Three letters from Captain Bennet, Lieutenant Governor of
Bermuda, of the 12th August, 20th and 26th of October last, were
read, and an answer thereunto drawn up and signed.
March 7. Present:—Lord Dartmouth, Mr. Cecill, Sir Philip
Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Order upon a new petition of the four suspended councillors.
Hearing to be on Monday.
An Order of Councill of the 1st instant [fo. 298] refering to this
Board a petition of the four suspended counsellors of Barbadoes,
relating to what has been transacted before this Board in their
affairs, being yesterday received from Mr. Bernard, was read;
and ordered that Mr. Bernard have notice [fo. 317] that their
lordships intend on Monday next in the afternoon to hear the
matters depending before them concerning the four suspended
Letter to Mr. Secretary Hedges about Sir William Matthew's death.
A letter to Mr. Secretary Hedges giving an account of Sir William
Matthew's death and of Colonel Codrington's offer [fo. 301] to
serve her Majesty again in that government, was signed.
Hearing of complaints against the Governor.
Colonel Maycock, Colonel Tyrrell [fo. 294, 320] and the rest of
the gentlemen that appear against Sir Beville Granville with
Mr. Cooper and Mr. Dodd, their counsell, on the one side, and the
Barbados agents, with Sir Thomas Powis and Mr. Pooley, their
counsell, in behalf of Sir Beville Granville attending on the other;
Sir Thomas Powis entred upon Sir Beville Granville's defence,
and insisted that Colonel Maycock and Colonel Tyrrell having been
found guilty of the disorders that have happened at Barbados by
their absenting themselves from the service of the Assembly, ought
not to be looked upon as good evidence in a case wherein they
themselves were particularly concerned, and, in order to prove that
the said disorders have arisen from their absenting themselves as
aforesaid, the affidavit of Mr. Charles Irwin (K. 19) and the
representation of this Board of 26th of October last, as also
Mr. Attorny General's report thereupon (L. 20) were read; and
further to invalidate the evidence of Colonel Maycock, they produced
the deposition of Colonel William Sharp and Colonel William Holder,
two of the commissioners of publick accounts (No. 61), to prove
that the said Maycock has not accounted for 1,500l. he had received
for the use of the Leeward fortifications, as also the receipt of the
said Maycock for the said summe (No. 5), which were read. They
also produced a subpœna (No. 5) to the said Colonel Maycock to
appear and answer in the Court of Chancery to a bill of complaint
of Captain Josias Harrison, as also a Ne exeat Insulam (No. 5)
against the said Maycock at the suit of the said Harrison, which
They further produced the depositions of George Hay, Deputy
Provost Marshall, and of Mr. Skene, secretary of the island (No. 61),
to prove their endeavours to execute the said subpœna and Ne exeat
Insulam against the said Maycock on board her Majesty's ship
the Blackwall, and their being prevented therein by Captain Martin,
commander of the said ship, which were read: and to invalidate the
affidavit of John Curl they produced a minute of the General
Assembly dated the 24th August, 1704 (No. 4), directing that
application be made to Sir Beville Granville for prosecuting the
said Curl for perjury, which was read.
Then Sir Thomas Powis, in answer to the first article of the
charge, wherein it is alledged that the militia has been harrassed
and fatigued by being put upon extraordinary duty in remote places
and upon the mountains, without the advice of the Councill, said
that it being a time of war, the island of Barbados, as the rest of
her Majesty's plantations, was in danger of being attacked by the
enemy; and therefore it was commendable in the Governor and
his duty to keep guards in order to prevent any such attempt of
the French, and he produced the minutes of Councill of the 18th of
January and 8th of February, 170¾ (C., fo. 1 and 6), to prove that
Sir Beville Granville had not only the advice of the Councill, but also
of the colonels of the militia (of which number were Colonel Maycock
and Colonel Kirton), which minutes were read.
In answer to the 2nd article, relating to the Bill brought into the
Assembly for raising two companies of granadiers, by which it is
alledged the Governor would have got 3,000l., he said that Bill was
not brought in by direction of the Governor, but by the Assembly
themselves, in order to ease the militia from the hard duty complained of in the first article. And they produced the affidavits
of Mr. Alexander Walker, Colonel John Holder, and Mr John
Harpur (No. 11), members of the Assembly, to prove that
Mr. Kirton, Mr. Maxwell and Mr. Gretton, three of the complainants,
were appointed as a committee to bring in the said Bill, and that
Colonel Maycock and Colonel Kirton, when the question was put,
upon the 17th clause of the said Bill, what summe should be
deposited in the Governor's hands for getting of intelligence, voted
that it should be 1,500l. and Colonel Tyrrell voted for 1,000l.,
whereas it was carryed by the majority but for 200l. And he
observed that this charge was but a bare supposition; for they
only pretend that the Governor might have made an advantage
of 3,000l. in case the Bill had passed. But to clear the Governor
even from that aspersion, he produced the affidavits of Colonel Sharp
and Colonel Johnson, both of the Councill of Barbadoes (No. 62),
who swear that the Governor told them and desired them to acquaint
the Assembly and others, that when the said Bill was brought
up to him, if it had anything in it that look'd like an advantage
to himself, he would expunge the same, or not pass the Bill, and
that the Governor had said the same thing to the Councill.
Sir Thomas Powis then added that, supposing the Bill had passed,
the Governor could not have made the advantage the complainants
pretend; for the funds given for the expence of the services required
by the Bill amount in all to 8,799l. 11s. 8d., and the expence of the
said two companies of granadiers amount to 7,739l. 5s. 10d.,
according to the particulars following, viz.:—
|2 Captains, pay 20s. per diem||730||0||0|
|6 Lieutenants pay 7s. per diem||766||10||0|
|1 Adjutant's pay 7s. per diem||127||15||0|
|8 Serjeants pay in mony 8d. per day||97||6||8|
|" " for cloathes 4d. per day||48||13||4|
|8 Corporals pay in mony 6d. per day||73||0||0|
|" " for cloathes 3d. per day||36||10||0|
|1 Drum Major, ditto 12d. per day||18||5||0|
|6 Drummers pay in mony 6d. per day||54||15||0|
|" " for cloathes 3d. per day||27||7||6|
|150 Centinels in mony 5d. per day||1,140||12||6|
|" " for cloathes 3d. per day||684||7||6|
|173 Common soldiers, provision at 12d.
|Rum and molosses, 2d. per day||526||4||2|
|To expences in raising the two companies||30||0||0|
|To the Treasurer for the commission at
3 per cent||220||14||2|
So that there remains 1,060l. 5s. 10d. overplus, and there is a
clause in the Bill directing that all the overplus of the monies raised
by that Bill shall be applyed towards the maintenance and repair of
the fortifications of that island. And Colonel Scott, Colonel Cleland
and Mr. Foulerton affirmed that in Colonel Russell's time the
soldiers there had 10d. a day each allowed them besides their
Sir Thomas Powis, in answer to the 3rd and 4th articles, said
that the complainants were not turned out of their places because
they had voted against the said Bill, but because they had continued
obstinate and would not attend the service of the House.
To the 5th article, relating to presents alledged to have been
made the Governor, and to the 8th article relating to rent for a
house and to 5,000l. expended in building and fitting the same,
Sir Thomas Powis replyed that the 500l. given for house rent was
by an Act which, upon a representation from this Board of the
3rd of February, 170¾, was confirmed by her Majesty in Councill
the 13th of the same month. Unto which Colonel Scott added
that that house was taken for Mr. Crow when he was appointed
Governor, and that Sir Beville Granville arriving before the year
was out, a lease was then taken of the said house for him and his
successors for the term of 20 years; that the rent of it is not
above 120l. per annum; that as to the 5,000l. said to be laid out
upon the house, the Governor could have no advantage thereby,
because it was disbursed by a committee of the Assembly, and
comes not in any manner under the Governor's management.
But Colonel Cleland affirmed that the summe expended upon the
house was but 3,000l. As to the other summes of 500l. and 600l.,
Sir Thomas Powis alledged that they were not given as presents.
It was only a vote of the Assembly that those summes should be
paid by the Treasurer for reimbursing the Governor's expences
in sending out spy boats and getting intelligence, in receiving
flags of truce, in maintaining of French prisoners and in house
rent till Pilgrim's House should be ready for him, and the complainants themselves at the voting of these summes gave their
suffrages for 1,000l. instead of the 600l. In proof whereof the said
affidavits of Holder and Harpur (No. 11) were again read.
To the 6th article, relating to Scotchmen being put into places
of trust, Sir Thomas Powis alledged that there was none put into
places by the Governor that were not in places at his arrival, and
called Colonel Cleland and Colonel Scot, who affirmed the same.
As to the 7th article, relating to Mr. Lee's having been brought
from that island, Sir Thomas Powis said that that matter having
already been examined by the Board, he would not enter any
further into it.
As to the 9th article, relating to exactions upon masters of
ships for liberty to sail, he said that all masters of ships were obliged
to petition in time of war for permission to saile, and that by an
Act for regulating and appointing of fees (page 47 of printed laws)
the fees of each respective officer was appointed, and that, if the
secretary had transgressed that Act, he was punishable. But he
did not see how the secretary's irregularities in that matter could be
chargeable upon the Governor no more than the 200l. mentioned in
Mr. Ball's affidavit to have been given to the said Skene for stopping
of the said fleet. And in order to show that the fleet was not so
stopped without a sufficient cause, he produced a petition to
Sir Beville Granville, signed by 24 merchants and others concerned,
praying that the said fleet might be stopped for a week longer;
and Mr. Ball (being asked) acknowledged that he procured the
said petition to be signed, and delivered it to Mr. Skene at the
same time that he swears to have given him the 200l.
To the 10th article, relating to the Governor's rejecting a petition
of John Paston against Colonel Holder for several cruelties and
abuses committed by the said Holder, Colonel Cleland said that the
Governor informed him that the petitioner had refused to sign
his petition; that the matter of fact of the said petition being
false, the petitioner had desired of the Governor that it might be
dropt, and that the petitioner himself had told him, the said Cleland,
that he was put upon making the said petition by the complainants.
In answer to the 11th article, relating to undue proceedings
at an election of a new Assembly, Sir Thomas Powis produced the
minutes of Assembly of the 24th August, 1704 (No. 4), whereby
it appears that upon the examination of the election of St. Lucy's,
Colonel Maycock and Colonel Tyrrell had been found guilty of
using violence to the sheriffe and menaces to other people at the
said election, for which reason they were voted not qualified to
be elected for that time. Sir Thomas Powis also produced a minute
of Councill of the 11th of September, 1704, and the petition of
Mr. Gourdon (No. 5), who acted as sheriffe at the said election of
St. Lucy's, to prove the said violence offered by Colonel Maycock
and Colonel Tyrrell, all which were read.
As to the 12th article, relating to the men of war going to Tobago,
Colonel Cleland was called upon, who said that Tobago was more
convenient for careening than Barbados was, and that ships there
might sooner get into the latitude, and Colonel Scott said that
wood was difficult to be had in Barbados.
Then Sir Thomas Powis, in order to shew the opinion that the
inhabitants of Barbados, as also the gentlemen in England who
have considerable estates in that island have of Sir Beville Granville's
behaviour amongst them, he (sic) produced the copy of an address
to her Majesty from the Councill and Assembly in commendation
of Sir Beville Granville's administration, and praying her Majesty
to continue him amongst them, which was read; as also a petition
by several gentlemen in England concerned in that island, presented
to this Board the 8th of the last month upon the same subject.
Then Mr. Cooper in his reply took notice that the first part of
Sir Thomas Powis's defence, being a sort of recrimination upon
some of the witnesses produced against the Governor, was no justification of the said Governor, unless it had been proved that the
witnesses were perjured in some of the matters of fact by them
sworn, or that they had been guilty of such crimes as would
incapacitate them by law to be witnesses in any case whatsoever.
And to Sir Thomas Powis's objection that Mr. Maycock and
Mr. Tyrrell were not good witnesses, because they were parties
concerned, he said that unless persons who think themselves injured
were allowed to be witnesses, it would hardly be possible to make
out any accusation of this nature.
Then Colonel Maycock said he had accounted for the 1,500l. of
the publick money, which was objected against him, and offered
to prove the same.
And in order to clear the reputation of those gentlemen, the
Lord Grey was desired to give a character of them, who said that
during his government in that island he always look'd upon
Mr. Maycock and Mr. Tyrrell to be men of honesty and of a settled
reputation, and had observed upon all occasions that they were
always zealous and hearty for the service of the government.
Then Mr. Cooper observed that the last part of Sir Thomas Powis's
defence, viz. the address of the Councill and Assembly to her
Majesty and the petition of the gentlemen in England to this Board
aforementioned, were no proper defence to a direct charge; for
there was no man in such a station as Governor but who might
make friends, and might by his interest obtain such assemblies as
would be ready at any time to address in his favour, and that if
such addresses were taken as a defence, then it would be difficult,
if not impossible, to make out any accusation against any Governor
Then he observed that the first article of the complainants
relating to the harrassing of the militia, in order to the bringing
in of the Bill by which they alledged the Governor would have
got 3,000l., had been fully proved by the affidavits of Mr. Maycock,
Mr. Tyrrell, Lawrence Row and John Curl. And he further
remark'd that by the minutes of the Councill of the 18th January,
1703, which had been read as a proof that the Governor had the
Councill's concurrence to the placing of guards on the coast, it
appears that he had for some while before taken upon him to place
Then, in order to justify the allegations of the Governor's getting
of 3,000l. by the foresaid Bill, the third enacting clause in the
first page of the said Bill, and Mr. William Heysham and Mr. Ball's
calculation thereupon, were read. The said calculation is as follows,
One hundred and fifty sentinels, 8 serjeants, 6 drummers, 1 drum
major, 8 corporals and 56 matrosses (the matrosses having liberty
by the words of the Bill to inlist themselves for victuals and cloaths),
each man to receive weekly seven pounds of beef, pork or fish.
|The whole for the year will amount to 83,356 at 2½d.
per pound is||£868||5||10|
|Six pounds of bread for each man a week is for one
year 71,448 at 15s. per 100l. is||535||17||2|
|Two quarts of molossoes per week for each man is for
one year 5,954 gallons at 9d. per gallon is||223||5||6|
|One quart of rum per week each man is for one year
2,977 gallons at 12d. per gallon is||148||17||0|
|173 Soldiers and 56 matrosses at 8d. per day to be
paid to the Governor, or whom he shall appoint,
to find the weekly provisions aforesaid amount
to in one year||£4,862||8||8|
|The cost of the provisions (as per the foregoing
calculate) which is to be bought for the soldiers
will amount to in one year||1,776||5||6|
|The surplus remaining would therefore be||£3,086||3||2|
But Mr. Cooper said that he urged this no further than that
the Governor might have got that summe had the Bill passed.
And Mr. Heysham said that he would be obliged to pay 3,000l. to
the publick if they would make him paymaster of the two companies
intended to be raised by that Bill.
Mr. Cooper further insisted that the 5th and 6th articles relating
to presents had been fully proved by the affidavits of Mr. Maycock
and Mr. Tyrrell, particularly that the minutes of Assembly had
been altered in relation to the 600l., that it might not appear as a
present, but as a reimbursement of the Governor's expence in
receiving flags of truce &c., though no account of such expence
was ever produced, which would not have been omitted had there
been any such thing in reality; as to the 500l. for furnishing the
Governor's cellars, the defendants not having made any reply
thereunto, that article was to be looked upon as sufficiently proved.
And her Majesty having been pleased to confirm the Act for giving
the Governor 500l. for house rent, he did not insist any further
But he insisted that they had proved the article, which relates
to the bringing off of Mr. Lee, by the affidavit of Captain St. Loe,
who swears to his having acquainted the Governor with his having
the said Lee on board.
As to the article relating to exactions of 17s. 6d. on masters
of ships, as mentioned in the affidavit of William Baily and Henry
Keys for permission to sail (which he observed was raising of
mony without law), he said they did not directly charge the
Governor with it, though, it being but a new practice, it was not to
be supposed that the secretary would presume to do it without the
Governor's knowledge; however, he pressed it no further and
submitted it to the Board for their judgment thereupon.
Mr. Dodd called Mr. Beddingfield to prove that this exaction
upon masters of ships was a new practice, who said that when
he was secretary of the island during the Lord Grey's government
there (which was in time of peace), no petitions were presented
for liberty to sail, and no such fees were taken, but only between
4s. and 5s. for every ship's going out and coming in.
As to the 200l. given by Mr. Ball to the said Skene, Mr. Cooper
only desired their lordships would barely report that matter as it
is in the affidavit.
He insisted also upon having proved by the affidavit of Mr. Maycock
that the Governor had rejected the petition aforementioned against
Colonel Holder, and though the matter of the petition was indeed
proper for judicial proceedings, yet the Governor might have done
the petitioner justice in directing proceedings to have been had
As to the Scotchmen's being put into places of trust, Mr. Cooper
said that he laid no stress thereupon, though perhaps it might
have been prudent to have been cautious in that matter.
And as to the men of war being sent to Tobago, he said he looked
upon that as a thing of small consequence, and did not therefore
insist upon it. But Captain Martin and Mr. Ball aforesaid affirmed
that wood enough might be had in Barbadoes, and that ships might
careen there as well as at Tobago.
Mr. Bernard in behalf of the counsellors.
The hearing put off till Fryday 16th instant.
These gentlemen withdrawing, Mr. Bernard, who had been
present at the hearing [fo. 302, 321], acquainted their lordships
that he had received a letter from the secretary (as mentioned
in the first article of these minutes), signifying that their lordships
had appointed Monday next for hearing the matter before them
in reference to the four suspended counsellors, and made it his
request that it might be further put off; and Wednesday next
being named by the Board as a proper day, he said he could not
be ready by that time, and desired that it might be on Fryday,
the 16th instant, to which their lordships, upon his declaring he
could not be ready sooner, agreed, and notice thereof was given
to the Barbados agents accordingly.
March 9. Present:—Lord Dartmouth, Mr. Cecill, Sir Philip
Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Letter from Mr. Penn about the surrender of the government.
A letter from Mr. Penn desiring to know what it is the Board
expects he should surrender [fo. 233, 370] in order to his having a
draught of the surrender of his government prepared and presented
to the Board, was read; and thereupon ordered that he be
acquainted that their lordships expect he should surrender his letters
patent for the government of Pennsylvania, and all the powers
therein contained, reserving to himself the propriety of the soil
and the quit rents thereof.
March 12. Present:—Lord Dartmouth, Mr. Blathwayt, Mr.
Pollexfen, Mr. Prior.
Order of Councill upon Sir Thomas Lawrence's petition relating to the secretary's office.
An Order of Councill of the 2nd January last, upon the petition
of Sir Thomas Lawrence, secretary of Maryland [fo. 346], praying
that direction may be sent to the Governor of that province for
settling and preserving the secretary's office there in the quiet
possession and injoyment of its old and just rights, were (sic) read.
Three letters from Clifford.
Three letters from Mr. Clifford [fo. 281, 372] of the 23rd February,
2nd and 9th March instant, acquainting their lordships that
Mr. Shepheard and Mr. Gardner had gon thorough the examination
of his accounts, and had drawn up their report, and praying their
lordships to send to them for it, were read; and thereupon ordered
that the secretary write to Mr. Shepheard and Mr. Gardner to desire
them to dispatch the same, and that the said letter be inclosed
to Mr. Clifford.
Two letters from Mr. Usher.
Two letters from Mr. Usher of the 24th June and 27th November
last, were read.
Draught of a report on late hearing of complaints against Sir Beville Granville to be prepared.
Then their lordships took into consideration the minutes of the
7th instant [fo. 302], taken at the hearing of the complaints of
several gentlemen late of the Assembly of Barbados against
Sir Beville Granville, and gave directions for preparing a draught
of a representation thereupon [fo. 327].
March 13. Present:—Mr. Cecill, Mr. Blathwayt, Mr. Pollexfen,
Captain Lloyd's accounts returned.
Captain Lloyd attending [fo. 300], his accounts, mentioned in
the minutes of the 23rd February last, were returned to him, and
their lordships at the same time advised him to lay them before
such office to whom it might properly belong to inspect the same.
Letter to Mr. Secretary Hedges about absent counsellors, particularly Mr. Mein.
The draught of a letter to Mr. Secretary Hedges [fo. 325], relating
to the inconveniences arising by the absence of members of Councill
from Barbadoes, and particularly Mr. Patrick Meine, one of the
said counsellors (now in England), desiring that he may be obliged
to return to Barbados, or that another person be appointed in his
stead, was agreed and ordered to be transcribed.
Charge against those Governments.
Then their lordships took into consideration the draught of a
charge [fo. 281, 323], as directed by an Order of Councill of the
12th of the last month, against Rhode Island and Connecticut &c.,
and made some progress therein.
March 14. Present:—Mr. Cecill, Mr. Blathwayt, Mr. Pollexfen,
Sir John Stanley about putting off the hearing appointed for Friday.
Letter to Mr. Bernard thereupon.
Sir John Stanley and Mr. Weston attending, acquainted the Board
that Sir Thomas Powis is very ill, and Mr. Pooley indisposed, and
pray'd that instead of Friday next agreed on [fo. 317] for the
hearing of the matters depending before this Board relating to
the four suspended counsellors of Barbados, another day might
be appointed, and their lordships agreed on Fryday, the 23rd instant
[fo. 330], and thereupon ordered that Mr. Bernard be acquainted
therewith. Sir John Stanly at the same time presented to the
Board an affidavit of William Cleland in vindication of Sir Beville
Granville, as also four affidavits, viz:—Of Mel. Holder, John
Rolleston, Samuel Child and Paul Carrington relating to the guarding
the coast by the militia in time of war &c.
Mr. Maycock about seeing the report on the last hearing, &c.
Mr. Maycock, one of the late Assembly of Barbados, also
attending, desired that he might have a sight of the report to be
made upon the last hearing at this Board, before it was sent to
the Queen in Councill, that he might, if matters were not fully
represented, petition her Majesty, before any order might be made
on the said report, to be heard before her Majesty in Councill;
whereupon their lordships acquainted him that they did not think
it proper to communicate to any person their reports before they
be presented to her Majesty.
Petition of proprietors of West Jersey for copy of instructions to Lord Cornbury.
Mr. Docmenique laid before the Board a petition [fo. 270] in
the name of himself and the rest of the proprietors of West New
Jersey, representing that they have received information from
their agents that the Lord Cornbury has acted contrary to his
instructions for that government in several particulars in relation
to the proprietors, and praying for a copy of the said instructions.
Their lordships acquainted him that they could not give a copy
of the whole, but only of such part as might have any relation to
the proprietors, as had already been done to Mr. Dockwra, which
was accordingly delivered to him.
Charge against those colonies.
Their lordships again took into consideration the draught of a
charge against Connecticut and Rhode Island [fo. 321, 340], as
mentioned in yesterday's minutes, and made some progress
Draught of a letter to Lord Cornbury.
Then their lordships also took into consideration the draught
of a letter to the Lord Cornbury [fo. 324], and went through some
part of the same.
Order of Councill on representation relating to Bayard and Hutchins.
Copy of an Order of Councill of the 18th upon a representation
of the 15th December, 1704 [fo. 209; K. fo. 131], on an Act of
New Yorke, declaring the illegality of the proceedings against
Colonel Bayard and Alderman Hutchins for pretended high
treason null and voyd, approving the said representation, and
directing the Board to write to the Lord Cornbury accordingly,
March 15. Present:—Lord Dartmouth, Mr. Cecill, Sir Philip
Meadows, Mr. Blathwayt, Mr. Prior.
Petition of Francis Gahtman come hither as evidence against pirates.
Francis Gahtman presented to their lordships a petition setting
forth that, being forced from his imployment as surgeon in New
England, in order to be an evidence against Captain Larimore and
Lieutenant Wells, accessories to pirates, and, being in his voyage
to New England carryed into France, he lost all he had, and praying
their lordships recommendation of him, so as he may receive
wherewithall to pay his debts and to inable him to return back to
New England, was read; whereupon a letter was writ to Mr. Lowndes
Draught of letter to the Governor.
The draught of a letter to the Lord Cornbury [fo. 323, 341]
mentioned in yesterday's minutes was agreed and ordered to be
Draught of letter to the Governor.
The draught of a letter to Colonel Nicholson, Governor of Virginia
[fo. 341], was also agreed and ordered to be transcribed.
March 16. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Packet from the Governor. Duplicates.
A packet from Sir Beville Granville received yesterday from
Captain Windsor, commander of her Majesty's ship the Milford,
was laid before the Board, containing only duplicates of his letter
of the 18th September already received and of the papers and
minutes of Council therewith transmitted, except the following
paper, which had not been before received, viz.:—
Except these minutes.
Minutes of the Assembly from the 4th of April, 1704, to the
11th of September following.
Mr. Bridger about methods in proceeding to production of naval stores.
Mr. Bridger presented to their lordships a memorial proposing
methods for proceeding in the production of naval stores in the
plantations, pursuant to the Act of Parliament passed this session
[fo. 225, 348], and offering his service in the management thereof,
was read; and he was ordered to attend the Board again on
Letter to Mr. Lowndes for 100 copies of the Act about naval stores.
Ordered that a letter be writ to Mr. Lowndes to desire him to
move the Lord Treasurer that the Board may have one hundred
copies of the Act for incouraging the importation of naval stores
from the plantations [fo. 225], in order to the transmitting the
same to the several Governors on the continent, to be distributed
in their respective governments.
Letter to Mr. Secretary Hedges about Mr. Mein's return to Barbados.
A letter to Mr. Secretary Hedges, relating to the absence of
Mr. Patrick Meine [fo. 320] from the Councill of Barbadoes, was
March 19. Present:—Lord Dartmouth, Mr. Cecill, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Letter from Mr. Secretary Hedges about instructions for privateers.
A letter from Mr. Secretary Hedges of the 16th instant refering
to this Board the draught of new instructions to be given to
privateers [fo. 24, 327] was read, and their lordships made some
progress in the consideration thereof.
March 20. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Fresh complaints against Captain Lloyd.
Mr. Pacy presented to their lordships a petition of the merchants
of Bristol [fo. 283], commanders of ships and inhabitants of
Newfoundland now in England, to which is annexed a certificate
under the hand and seal of the Mayor of Bristol that four of the
petitioners had made oath to the truth of the allegations therein
set forth against Captain Lloyd's irregularities in Newfoundland,
which was read. He further communicated to the Board a petition
to her Majesty, as also another to the Bishop of London upon the
same subject, and he acquainted their lordships that he intended
to present the petition to her Majesty on Thursday next.
Letter from Mr. Secretary Hedges relating to a trade with Spain.
A letter from Mr. Secretary Hedges of the 19th instant [fo. 329]
refering to the Board a proposal offered to him for making
practicable a trade to and from Spain by the subjects of England
in neutral ships, was read.
Then their lordships made a progress in considering the draught
of instructions for privateers [fo. 326 and infra] mentioned in
Letter to Mr. Secretary Hedges with instructions about privateers.
Their lordships finished the draught of instructions for privateers
[v. supra], and signed a letter for returning the same to Mr. Secretary
Report on the hearing of complaints against the Governor.
Their lordships took into consideration the draught of a report
[fo. 320, 328] upon the complaints against Sir Beville Granville,
Governor of Barbados, and made some progress therein.
Letter to Mr. Lowndes for copies of Acts, &c.
Ordered that a letter be writ to Mr. Lowndes to desire him to
move the Lord Treasurer that the Board may have 50 copies of
the Act for prohibiting trade and commerce with France, and
50 copies of the Act to prevent all traiterous correspondence with
her Majesty's enemies.
March 21. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blath
wayt, Mr. Pollexfen, Mr. Prior.
Report on complaints against the Governor.
Their lordships made a further progress in considering the draught
of a representation [fo. 327, 342] to her Majesty upon the complaints
exhibited against Sir Beville Granville by some of the late Assembly
March 22. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Proposal about trade with Spain.
The proposals for opening a trade with Spain refer'd to their
lordships by Mr. Secretary Hedges's letter of the 19th instant
[fo. 327, 330], mentioned in the minutes of the 20th, were now
taken into consideration, and several observations made thereupon.
Two affidavits about Sir Beville Granville's expences.
Two affidavits of Mr. Bernard Granville and Mr. Robert Chester,
received from Sir John Stanley, relating to Sir Beville Granvill's
expences at Barbados, were laid before the Board.
March 23. Present:—Lord Dartmouth, Mr. Cecill, Sir Philip
Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Letter to Mr. Secretary Hedges returning the proposal about trade to Spain.
A letter to Mr. Secretary Hedges, in answer to his of the
19th instant [fo. 329], refering to the Board some proposals for
making practicable a trade to Spain, returning to him the said
proposals with their lordships observations thereupon, was signed.
Hearing relating to the four suspended counsellors. Mr. Cooper and Dodd against the Governor.
Mr. Lillington and Mr. Bernard [fo. 321], in behalf of the four
suspended counsellors of Barbados, with Mr. Cooper and Mr. Dodd
their counsell, on the one side, and the Barbados agents in the
behalf of Sir Beville Granville, with Sir Thomas Powis and
Mr. Pooley their counsell attending on the other; her Majesty's
Order in Councill of the 21st of September last upon the petition
of George Lillington, Michael Tyrrell, David Ramsay and Benjamin
Cryer, praying to be restored to their places in the Councill of
Barbados, from which they had been suspended by Sir Beville
Granville, Governor of that island, as also her Majesty's Order in
Councill of the 1st instant upon another petition of the said suspended
counsellors, directing the Board to proceed upon the papers lately
received from Sir Beville Granville, were read.
Then the councill (sic) for the petitioners said that they did not
object against her Majesty's power of suspending and even of turning
out counsellors when she should see fit; nor did they dispute
the Governor's power of suspending; but that power being
limited by his instructions, he could not suspend any counsellor
arbitrarily (as they believe he had done in this case), he being
required by his instructions, upon such suspension, to send over
his reasons with the proofs for his so doing; and, therefore, if he
had complyed with his instructions in transmitting the said reasons
and proofs, they were ready to hear the same and reply thereunto.
But if he have not sent the same, then they doubted not but the
Board would look upon the said suspension as an arbitrary and
unjustifiable proceeding, and hoped their lordships would accordingly
represent it to her Majesty.
Sir Thomas Powis and Mr. Pooley for Sir Bevil.
Then the counsell for the Governor said that he had sent over
his reasons for suspending the said four counsellors, and in that
had complyed with his instructions; but they objected to the
method proposed by the other side, and alledged that, the petition
begining with a charge upon the Governor, they ought to proceed
upon that part first, and that it was incumbent upon the petitioners
to make good the same. That no ill consequence had happened,
but, on the contrary, all things had gone well since the said suspension; therefore they saw no reason why they should not proceed
methodically, beginning with that which is first laid in the petition.
The council for the petitioners reply.
To which the counsell for the petitioners replyed, that the Governor,
having suspended the said counsellors upon reasons best known
to himself, was in reallity the first complainant, and therefore he
ought first to make good his charge against the said counsellors by
proof, according to his instructions; that they were ready to
enter upon that part, and desired that, according to her Majesty's
foresaid order of the 1st instant, their lordships would proceed
upon it, and that they would undertake to make good their charge
against the Governor, if they might obtain her Majesty's letter
impowering the petitioners to take examinations in Barbados, as
they had formerly desired.
Both sides withdraw.
Are called in again.
The counsell thus disagreeing upon which part of the petition
they were to begin, both sides were ordered to withdraw, and
their lordships resolved that the counsell for the Governor should
assign the reasons for the suspension of the said four counsellors,
and that the others should answer thereunto, and being called in
again they were acquainted therewith.
Counsel for the Governor.
Then the counsell for the Governor said that the petitioners
were suspended for incouraging faction and not attending in Councill,
and produced the minutes of Councill of the 9th of June last [E.,
fo. 3] in proof thereof, which were read. And in order to prove that
there was a faction in the island, which had obstructed all publick
business, even before the Governor's arrival, they refer'd to the
representation of this Board of the 26th of October last, as also
to Mr. Attorney and Mr. Sollicitor Generall's report of the 1st of
February last thereupon, which were read. They further refer'd
to the Governor's speech to the Assembly, taking notice of the ill
condition of the island, and advising them to lay aside animosities
&c. in the minutes of Councill of the 14th of September, 1703, which
were read. They added that, notwithstanding the Governor's said
speech, eight of the members of the Assembly continuing still in
the said factious disposition, and taking advantage of a custome
settled amongst them that fifteen should make a quorum, absented
themselves, and thereby obstructed all publick business in the
Assembly; upon which the Governor writ a letter to the Speaker,
dated the 2nd of November, 1703 [No. 4; fo. 1], taking notice of
their delays and recommending to them dispatch in the publick
business of the island, which was read. They further produced an
address of the 9th of November, 1703, from twelve of the Assembly
to the Governor [in the minutes of the Councill, B. 28], charging
several of their own members with causing a stagnation in the
publick business, which was read. They produced the Governor's
speech to the Assembly the 16th of March, 1703 [Minutes of Councill,
C. 21], further taking notice of the ill state of the island by reason
of these absenting members not attending their duty, and requiring
them to repair to their House for dispatch of the publick business;
as also another representation of twelve of the Assembly to the
Governor [Minutes of Councill, D. fo. 2] further charging the
absenting members with breach of duty, as also the minutes of
the 26th of May, 1704 [E. 1 and 2], to shew that the absenting
members still persisted in the neglect of their duty; all which were
Upon which the counsel observed that having made out that
there was a faction carryed on in the Assembly, if now they did
shew that the petitioners countenanced, or at least did not censure,
according to their duty, such obstructors of the publick business,
they doubted not but that the charge of faction would plainly
appear to their lordships to be fully made out. And in order thereunto they produced the minutes of Councill of the 8th of February,
1703 [C. fo. 7], where the Governor declares to the Councill that the
want of money in the Treasury for the pressing and publick services
of the island was occasioned by the absenting members, and desired
them to consider of some method how to prevent such inconveniencies. They also produced the minutes of Councill of the
9th of March, 1703 [C. fo. 17], where the Governor asks the Councill's
opinion about the absenting members, who unanimously declared
that the said members had not done their duty in respect of the people
that chose them; upon which the Governor further asking their
opinion whether the said absenting members should be continued
in any imployments civil or military, three of the said petitioners,
viz.:—Mr. Lillington, Mr. Tyrrell and Mr. Cryer were not of opinion
for turning them out immediatly, but that they should be summon'd to attend the Assembly on some short day, and if they did
not then appear, that (unless they had some lawfull excuse) they
should be removed from their places. But others of the Councill
were of opinion that they should be immediatly removed.
Then the counsel for the Governor further observed that the said
absenting members having been summoned, according to the foresaid
advice, but not attending, the Governor again asked the Councill's
opinion thereupon [D. fo. 7], who all agreed that they had not
performed the appointments of her Majesty's writ, or the trust
reposed in them by the people. Upon which the absenting members being summoned before the Councill the 26th of May, 1704,
and admonished by the Governor to apply themselves to their duty,
and reprimanded for their neglect thereof, they declared [E. fo. 1]
that when any Bills were before their House which they believed for the
service of the country and the honour of the Queen they would attend,
and when they believed the Bills to be otherwise, they would absent
themselves again, and desired time to offer some matters in favour
of themselves. Whereupon the Governor asked again the opinion
of the Councill whether the said absenting members ought not to be
removed, and the four suspended counsellors gave their opinion
that no determination might be taken till the said members had
been heard, though others of the Councill were of opinion that
they ought to be removed. Upon which the Councill was adjourned
to the 6th of June [E. fo. 2]; but three of the suspended counsellors
not attending then, there was not a quorum of the Councill, so that
no determination could be taken, and they were again adjourned
to the 9th [E. 3], at which time two of the said counsellors being
again absent, and the Governor finding that the publick business
was obstructed by their frequent absenting themselves, and that
they did not give him the assistance he expected from them, he
suspended the said Lillington, Tyrrel, Ramsey and Cryer.
And, in order to shew how oft the said counsellors had been
absent, the counsel for the Governor refer'd to the minutes of
Councill of the 18th and 25th of May, 1703, the 8th and 9th of June,
the 6th and 19th of July, the 4th and 13th of August, 14th and
28th of September, the 5th, 6th, 12th, 19th and 26th of October,
the 9th, 16th, 23rd and 24th of November, the 1st, 20th and 21st of
December, 1703, the 9th, 14th, 16th and 21st of March, 170¾, the
8th and 28th of April, and 6th and 9th of June, 1704.
Then the counsel for the Governor insisted that they had made
out the charge of faction and non-attendance against the said
suspended counsellors. They further insisted that no ill consequence had happened from the said suspension; but, on the
contrary, that all things had gone well, the debts of the island had
been provided for by a Bill for a tax, which has been actually levyed,
and a sloop and a brigantine fitted out in the country's service, and
they called upon Mr. Holder and Colonel Cleland, who affirmed
the same, and they produced the affidavits of Mr. Foulerton and
Mr. Bates to prove the qualifications of several of the officers put
in the places of those turned out.
Counsel for the petitioners' answer.
Then the counsell for the petitioners alledged that the only
method for curing the pretended faction of the absenting members
of the Assembly was by a dissolution of the Assembly, according
to the advice of the said suspended counsellors. They owned
that faction was a good cause for suspension, and even for
deprivation, if it were made out; but nothing of that nature
appeared, for the suspended counsellors had several times censured
the absenting members in Councill, and if they differed in opinion
from the Governor in relation to the punishing the said absenting
members, that was not to be imputed as a crime, for by her Majesty's
instructions they were allowed liberty and freedom of debate and
voting; and as for their absenting, it never had been objected to
them as a fault till the day of their suspension; that no notice
had been taken of the other counsellors who had frequently been
absent; and that none had been more diligent in their attendance
than Mr. Lillington and Mr. Cryer. And in order to give a good
character of the said suspended counsellors, they produced the
affidavits of Colonel John Kirton, Roger Webb, Colonel Tyrrell,
Colonel Maycock, Edmond Bedingfield, and a letter from the
Lord Grey to that effect; and then further called upon Mr. Heysham
and Mr. Ball, who confirmed the same. But it being observed
that some of the affidavits make mention of the Bill by which they
pretend the Governor might have got 3,000l. had it past,
Mr. Heysham was asked whether the said Bill was brought into
the Assembly by the Governor's direction or procurement; he
answered that he did not know who promoted it.
Council for the Governor's reply.
Then the counsel for the Governor observed that three of the
foresaid affidavits (viz., of Mr. Kirton, Mr. Tyrrell and Mr. Maycock)
were of parties to the complaint of the Assembly men against the
Governor, and therefore no stress ought to be laid upon them;
that it did not appear that the Governor had suspended the said
counsellors out of any malice or prejudice against them, but meerly
for the publick good, and that there had been no objection to the
administration in Barbados since the alteration of counsellors and
other officers. They further took notice that the foresaid Bill,
which was so much feared by the petitioners, had not been moved
in the new Assembly, which was some proof that the Governor
was not concerned in promoting it in the former Assembly. And
they further observed that if the Governor had dissolved the
Assembly upon the forementioned advice of the suspended counsellors, no benefit would have accured thereby, because the said
counsellors being still in place they would have so influenced the
elections that the same persons would have been chosen again.
That the charge of faction had been made out against the
petitioners; for though they had agreed that the absenting Assembly
men had violated the trust reposed in them, yet they were so tender
of them that they would not consent to their removal from their
places, which ought to be looked upon as an abetting or incouraging
the said Assembly men in their factious proceedings.
The agents to attend.
Ordered that Sir Henry Ashhurst and Mr. Wharton [fo. 323, 341]
have notice to attend the Board on Tuesday morning next, in order
to receive from their lordships the charge against the governments
of Connecticut and Rhode Island, pursuant to her Majesty's Order
in Councill of the 12th of February last.
March 26. Present:—Lord Dartmouth, Mr. Cecill, Sir Philip
Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Letters to the agents with copies of the charge against them.
Their lordships agreed upon the draught of a charge against
the proceedings of the charter governments of Connecticut and
Rhode Island [fo. 340, 358], and ordered copies thereof to
be sent to Sir Henry Ashhurst and Mr. Wharton, agents for those
Letter to the Governor.
A letter to the Lord Cornbury, Governor of New Yorke [fo. 324],
Letter to the Governor.
A letter to Colonel Nicholson, Governor of Virginia [fo. 324], was
Letter from Board of Ordnance about death of the ingineer.
A letter from the Board of Ordnance, signifying the death of
Mr. Bell, ingineer at Jamaica, and desiring to know whether it be
necessary that another be sent in his place, was read, and an answer
Affidavit of William Griffith about the characters of the four suspended counsellors.
Mr. Bernard presented to their lordships the affidavit of William
Griffith, relating to the character of Mr. Lillington, Mr. Tyrrell,
Mr. Ramsey and Mr. Cryer, which was read.
Report on complaints against the Governor.
Then their lordships proceeded in the consideration of the draught
of a report [fo. 328, et infra] upon the complaints exhibited against
Sir Beville Granville, Governor of Barbados, and made some progress
Present:—Lord Dartmouth, Mr. Cecill, Mr. Blathwayt,
Their lordships made a further progress in the abovementioned
draught of a representation [v. supra and infra] upon the complaints
against Sir Beville Granville, Governor of Barbados.
March 27. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Representation upon complaints against the Governor.
A further progress was made in the draught of a representation
[fo. 342, and infra] upon the complaints exhibited against Sir Beville
Granville, Governor of Barbados, by seven of the members of the
late Assembly there.
Present:—Lord Dartmouth, Mr. Cecill, Mr. Blathwayt,
To be transcribed.
Their lordships went through the foresaid draught of a representation [v. supra and infra], agreed the same and ordered it to
March 28. Present:—Lord Dartmouth, Mr. Cecill, Sir Philip
Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Representation about suspended counsellors.
A representation [v. supra and 344] upon the petition of George
Lillington, Michael Tyrrell, David Ramsey and Benjamin Cryer,
praying to be restored to their places in the Councill of Barbados,
from which they had been suspended by Sir Beville Granville, was
agreed, and added to the representation upon the petition of the
absenting members of the late Assembly agreed at the last meeting,
and ordered to be transcribed.
Letter to Sir John Colleton about Mr. James Colleton being of the Council.
Ordered that a letter be writ to Sir John Colleton [fo. 348] to
know if he have any objection why Colonel James Colleton should
not be confirmed by her Majesty of the Councill of Barbados.
Letter from Mr. Secretary Hedges.
Colonel Park, Governor.
A letter from Mr. Secretary Hedges of the 27th instant, directing
a commission and instructions to be prepared for Colonel Park
[fo. 345, 383] to be Governor of the Leeward Islands in the room
of Sir William Matthew, deceased, was read, and directions
given for preparing the said commission and instructions
March 29. Present:—Lord Dartmouth, Mr. Cecill, Sir Philip
Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Representation on complaints of members of Assembly and suspended counsellors.
A representation [fo. 343, 376; K. fo. 25, 28] upon the complaints
exhibited against Sir Beville Granville, Governor of Barbados, by
seven members of the Assembly of that island, as also upon the
petition of Mr. Lillington, Mr. Tyrrell, Mr. Ramsey and Mr. Cryer,
praying to be restored to their places in the Councill from which they
had been suspended, was signed.
Representation with commission for Colonel Park to be.
A representation for laying before her Majesty the draught of a
commission for Colonel Park [fo. 344, 371] to be Governor of the
Leeward Islands, was signed.
March 30. Present:—Mr. Cecill, Sir Philip Meadows, Mr. Blathwayt, Mr. Pollexfen, Mr. Prior.
Letter from Mr. Secretary Hedges about Dummer's petition relating to powder money.
A letter from Mr. Secretary Hedges [fo. 347] of the 28th instant,
refering to the Board a petition of Mr. Edmond Dummer, praying
that the duty of powder money may not be demanded of his packet
boats in the West Indies, was read; and thereupon ordered that the
Acts for laying the said duty in the respective islands be lookt
out and laid before the Board.
Letter from Mr. Bridges relating to salutes, &c.
A letter from Mr. Bridges, Surveyor General of the Ordnance,
inclosing a copy of the orders and instructions relating to salutes
from garrisons, castles, forts &c., was read.
Order of Councill on petition of Sir Thomas Lawrence for preserving the secretary's rights, &c.
Sir Thomas Lawrence attending, the Order of Councill of the
2nd January last [fo. 319] upon his petition praying that directions
may be sent to Maryland for settling and preserving the secretary's
office there, was again read; whereupon their lordships agreed to
write to Colonel Seymour [fo. 352] that he preserve, as much as may
be, the antient rights of her Majesty's patent offices, and that
he give all protection to the secretary and other patent officers,
and, in case such a Bill be past as Sir Thomas Lawrence mentions
in his foresaid petition, that Colonel Seymour sent it over immediatly,
with his reasons for passing the same.
Draught of a letter to Colonel Dudley.
The draught of a letter to Colonel Dudley [fo. 355], Governor of
the Massachusets Bay and New Hampshire, was agreed and ordered
to be transcribed.
Letter from Mr. Burchet about salutes, &c.
Letter from Mr. Burchet of yesterday's date, inclosing a copy
of instructions relating to salutes from garrisons in the plantations