America and West Indies: March 1706, 21-31

Pages 89-95

Calendar of State Papers Colonial, America and West Indies: Volume 23, 1706-1708. Originally published by His Majesty's Stationery Office, London, 1916.

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March 1706, 21-31

March 21.
202. Mr. Sec. Hedges to the Council of Trade and Plantations. Refers following for their report. Signed, C. Hedges. Endorsed, Recd. March 28th, Read April 1st, 1706. 1 p. Enclosed,
202. i. Peregrine Brown to the Queen. Prays that the Olive Tree may be permitted to sail from Maryland without convoy. 1 p. [C.O. 5, 716. Nos. 9, 9.i.; and 5, 726. pp. 375–377.]
March 23. 203. Mr. Jackson to the Council of Trade and Plantations. I never knew half of the 20 subscribers to the Address to the Bishop of London, [see March 15]. Those I knew subscribed an Address in my favour, July 1, 1704, and continued to support me till fear of Capt. Lloyd on his return caused them to traduce me in order to ingratiate themselves with him. There is but one man's name in that list who is an inhabitant, and he a poor profligate wretch etc. Their former testimony confutes their present charge of riotous living. When I found myself slighted by the Admirals etc., I went to the Courts to know their reasons, but they adjourned or refused to hear me, as Capt. Henry Hayman, the Lord Judge, declared, etc. Signed, John Jackson. Endorsed, Recd. 28th, Read 29th March, 1706. 2¾ pp. [C.O. 194, 3. No. 154.]
March 23. 204. Attorney General to the Council of Trade and Plantations. I have considered of the Petition of Thomas Allen and desired to have seen a copy of the Declaration in Ejectment mentioned in the Petition, but have not seen it, that copy which your Lordships sent me being in a former suit; this suit in the Petition mentioned being commenced March 21, 1704. However, taking the new ejectment to be in the same form as the old one, I do certifie your Lordships that the Appeal, which is a Writ of Error, if the suit had been in England, should have been brought in the name of the Lessee in ejectment, and not in the name of the Lessor; and if it had been soe done, the death of the Lessor would not have abated such Writt of Error. The petitioner represents that the Appeal was brought in the name of his father, the Lessor; and if it were soe, I am of opinion the death of the plaintif in the Writt of Error by law abates the Writt of Error, and the same cannot be revived, but a new Writ of Error must be brought, and it will be proper to bring it in the name of the Lessee in ejectment. As to the question proposed by Mr. Popple, whether H.M. by Order in Councill may not prohibit the tenants in possession from committing wast pending the suit, etc. I am of opinion H.M. will not be advised to make such Order in favour of the Lessor of the plaintif in ejectment, the verdict therein being found as is alledged by the petitioner against his title. Signed, Edw. Northey. Endorsed, Recd. 9th, Read 11th April, 1706. 1½ pp. Enclosed,
204. i. Copy of Samuel Allen's Declaration in Ejectment, referred to in preceding. 2 pp.
204. ii. Copy of Order of the Superior Court of New Hampshire, Portsmouth, May 9, 1699, that Richard Waldron, tenant of the lands in question, be made defendant in the stead of Samuel Comfort, and plead to the [? preceding] Declaration in Ejectment. 1½ pp. [C.O. 5, 864. Nos. 55–57; and (without enclosures) 5, 912. pp. 130–132.]
March 23. 205. Mr. Jackson to the Council of Trade and Plantations. Declaration as to the subscribers of the Addresses (March 14) in favour of Major Lloyd. Quoted in Representation of March 29. Signed, John Jackson. Endorsed, Recd. 28th, Read 29th March, 1706. 2 pp. [C.O. 194, 3. No. 156.]
March 25. 206. Petty Expenses of the Board of Trade, Christmas, 1705—March 25, 1705/6. 22l. 1s. 3d. Stationer's Bill, 22l. 4s. 4d. Postage, 18l. 1s. 9d. 4 pp. [C.O. 318, 3. Nos. 4–6.]
[March 26.] 207. Lt. Moody to the Queen. Prays to be provided for in the Army as a reward for his services in Newfoundland. 2 pp. Enclosed,
207. i. The case of Lt. John Moody. His Company, relieved in Nov., 1705, has not been able to obtain one penny of their subsistence or pay since Sept. 22, 1704. All the pay has been either issued or stop'd for respits to Christmas last and 355l. 5s. 7½d. thereof was paid to Capt. Powell's executors and to Capt. Lloyd, who now commands the company, for money formerly alleged to have been expended by the said Captains, and there is 243l. 2s. 3d. stopt in the Pay Office for respits. What is alleged to have been spent by the said Capts. being long before Sept. 22, 1704, petitioner hopes your Lordships will not think it reasonable that the small subsistence of a soldier from that time, which is but 2d. a day, should be lyable to bear it etc. Petitioner by means of those and other hardships, together with the expence of 420 gall. of his own Brandy and one butt of Fiall wine, value 176l., issued to the garrison during the siege, without which they must have perished, is put to great streights, and the poor soldiers brought to a very miserable condition for want of the small sums wch. they have so dearly purchased. Besides which petitioner was cast away in H.M.S. Loo, with the loss of all his effects. 2¼ pp. The whole endorsed, Referred to this Board by a Committee of the Privy Council. Endorsed, Recd. 26th, Read 28th March, 1706. [C.O. 194, 3. Nos. 146, 146.i.]
March 26.
208. W. Popple, jr., to W. Lowndes. Quotes Clause in the Act for encouraging the trade of Newfoundland, that ships are to carry one fresh man in 5 etc. And whereas it will be to the benefit of Trade and increase of seamen that the said clause be duly observed in the several out-ports, the Council of Trade and Plantations do think it for H.M. service that the Collectors or Principal Officers of the Customs be reminded of their duty in this particular, and desire the direction of my Lord High Treasurer to the Commissioners of the Customs therein. [C.O. 195, 4. pp. 259–261.]
March 27. 209. Mr. Merrett to the Council of Trade and Plantations. My opinion of the soldiers' complaints against Major Lloyd, Feb. 4, is that they proceed out of malice and to prevent any enquiries about the arbitrary proceedings of Bromfield and others, in plundering the inhabitants and collecting money for the provisions Mr. Moody supplied the women and children with etc. As to Article (3), two Lieutenants arrived with Mr. Lloyd, and Mr. Latham hath a breviate for a Captain. Article (4) is disproved by enclosed receipt by Commodore Bridge. The rest are old and malicious complaints, incident to soldiers; Moody has been guilty of worse and has got the soldiers on his side by having made them as culpable as himself. Mr. Lloyd kept them under discipline, and therefore they were very mutinous and hated him. Refers to Mr. Jackson's malicious complaints. Proposes that an impartial man be appointed to enquire this year whether Major Lloyd hath not duely observed the orders given him. Signed, Solomon Merrett. Endorsed, Recd. 28th, Read 29th March, 1706. 3¼ pp. Enclosed,
209. i. Receipt for 3 serjeants, 3 corporals, one drummer and 48 private soldiers with musquets and accoutrements from Major Lloyd etc. St. Johns, Nov. 20, 1705. Signed, T. Bridge. 1 p. [C.O. 194, 3. Nos. 149, 149.i.]
March 28.
210. Mr. Merrett to Mr. Popple. I omitted in my paper of yesterday to say that Major Lloyd fully answered the complaints made against him last year, which are now renewed, not any new ones, etc. If he is recalled, it will be contrary to the opinion of all the Traders in the West of England to Newfoundland, as also of the merchants of London, nay some who signed in Moody's favour last year, etc. Signed, Solomon Merrett. Endorsed, Recd. 28th, Read 29th March, 1706. 1 p. [C.O. 194, 3. No. 150.]
[March 28.] 211. Lt. Moody's Answer to the Affidavits against him [see March 14]. (1) Christian was a notorious thief and strumpet. I turned her out of the fort as being a danger to the soldiers. When she resisted, she was whipped to frighten, not to hurt her. On hearing the malicious rumour that this caused her death, demanded an enquiry. At a Court held by Commodore Bridge, Capt. Fairborn and the 3 Fishing Admirals I was completely cleared. Then, before the Fleet sailed, I gave public notice, challenging those who wished to complain against me or the soldiers to do so. Sept. 3, 1705. (2) Mr. Roope dissuaded the inhabitants from keeping watch in the Harbour as I proposed. Huxford was miserably overawed by Capt. Lloyd. (4) Bradbury was a lewd dissolute fellow whom I had to punish. I sent a search party out after the French had gone, fearing an ambuscade. They returned with a few old rags, for which with my sword I beat them all round and made them carry them without the fort. (6, 7) The enemy loaded two shallops with plunder and sank them. Some of the soldiers ventured their lives and got some small matter of pewter, etc, out of them, which perhaps they might sell, but without my knowledge. (9) Upon Hore's complaint of a soldier who came to his house drunk and abused him, I made him run the gauntlet through the whole company. (10–14) I had my own stock of provisions and H.M. stores, on which I subsisted the inhabitants and charged them under the market price. They refused to pay any of the Queen's part, and I never received ¼ th of what was due to me. The remainder of my own provisions being damnified and the casks leaky, I used 7 or 8 of H.M. empty casks and sent them out of the Fort to be truckt for fresh goods. (15) The fish belonged to Mr. Colin Campbell and were by me sold on his account, etc. I know but one of the names subscribed to Major Lloyd's testimonial. Signed, J. Moody. Endorsed, Recd. 28th, Read 29th March, 1706. 8 pp. Enclosed,
211. i. Capt. Fairborn to Lt. Moody. Nore, Centurion, March 21, 1705/6. You behaved yourself at Newfoundland as a man of honour and in your defending the fort deserved thanks etc. Signed, W. Fairborn. Holograph. Addressed. Postmark. 1 p.
211. ii. Deposition of A. Cummings. There is but one person subscribing the testimonial to Major Lloyd whom I know to be an inhabitant of St. Johns. Mr. Moody's behaviour was altogether agreable to the people and traders; he kept strict discipline and bravely defended the garrison. Mr. Roop dissuaded the inhabitants from keeping watch in the Harbour, because he said it would be of ill consequence for the inhabitants to yield to the order of the Commander of the Garrison. The inhabitants were in a deep consternation and terror upon the return of Major Lloyd, etc. Signed, Archd. Cummings.
211. iii. Affirmation of G. Skeffington. He only knew two of the subscribers to Major Lloyd's testimonial. Lt. Moody was approved by the inhabitants, but he hath heard many say that, if Lloyd stayed at St. Johns, they would not trade there, etc. Signed, Geo. Skeffington. ½ p.
211. iv. Deposition of Jeffry Lang, March 1, 1705. He heard several Frenchmen say that the difference between the inhabitants of the Harbour and the Fort gave them great encouragement for their expedition. Mr. Roope, who hath been the greatest encourager of the inhabitants from watching, or assisting the Fort, said he would not appeal for justice to Capt. Moody but would choose 12 men out of the inhabitants to decide matters without his knowledge. When Capt. Moody enquired about the boom, he said he would make him to know he had nothing to do with it or him etc. Jeffry Lang. 1½ pp. [C.O. 194, 3. Nos. 155, 155.i.–iv.]
[March 28.] 212. A List taken by the French of the (male) inhabitants of St. Johns and Petty Harbour. 230 names, some marked "wanting." Endorsed, Recd. from Lt. Moody, March 28, 1706. 3 pp. [C.O. 194, 3. No. 147.]
[March 28.] 213. Merchants and Planters of Newfoundland to the Earl of Nottingham. Represent the untainted loyalty and undoubted courage of Lt. Moody and his soldiers, as appears by his defence of the Fort etc. Signed, James Benger, Colin Campbell and 118 others. Endorsed, Recd. March 28, 1706. 5 pp. [C.O. 194, 3. No. 148.]
March 28.
214. Council of Trade and Plantations to Mr. Secretary Hedges. Col. Richards is of opinion that the number of men requisite for the better defence of the Fort and Batteries in St. John's Harbour is an addition of such another Company as is already there. Autograph signatures. Endorsed, R. March 30. 1 p. Enclose following for H.M. signature.
214. i. Instructions for the Commander of the Garrison at St. Johns. See April 11.
214. ii. Declaration for settling a Militia. See April 11.
214. iii. Instructions to the Commander in Chief of the Convoy. See April 11. [C.O. 194, 22. Nos. 65, 65.i.-iii.; and 195, 4. pp. 261–269.]
[March 29.] 215. Mr. Newton, of Boston, to the Council of Trade and Plantations. For near 20 years a practicer of the Law in the Massachusets Bay, he has had frequent, as well as sad occasion to observe the great mischief and inconveniency hapning to H.M. subjects by the want of an established Court of Chancery, the Courts of Law there holding themselves to the strict rules of Law established and practised in those Courts, and giving no relief in cases of Trusts, agreements etc. properly relievable in Courts of Equity. Instances cases of Peter Lidget's estate, Andrews of Salem, whose estate is wrongfully enjoyed by Symon Bradstreet's heirs; and of Lewis Boucher and John George, whose books and merchandize were lost in a fire at Boston, and who cannot be compelled to discover what they owe and what was saved, etc. Prays that a Court of Chancery may be established etc. Signed, Tho. Newton. Endorsed, Recd. March 29, Read April 3, 1706. 3½ pp. [C.O. 5, 864. No. 54.]
March 29.
216. Council of Trade and Plantations to Mr. Secretary Hedges. In obedience to the directions of the Lords of the Council, we have examined several affidavits by the soldiers lately returned, concerning the late behaviour of Capt. Lloyd there. Upon which it appears that 18 of the soldiers were by him forced out to the fishery etc. to his profit (see Feb. 4). When any of the garrison refused to go a fishing, he replied he did not list them for the Queen's service, but for his own, and did therefore compel them to go by threats. He engaged them to go a wooding for poles of certain bigness, promising them advantages for the same, but broke his word and sold the poles for his own use, which discouraged the soldiers so much that several deserted to the enemy, upon which he endeavoured to oblige every 6th man of the garrison to be bound for each other's debts. At his arrival, there was mony due to each soldier for subsistance, which came to his hands, but he denied the receipt thereof, which obliged the soldiers to allow him one half of the said subsistance, to procure the other, which he paid them in goods at extravagant rates. He encroached upon their daily subsistance by deductions out of every mess's allowance of butter and cheese per fortnight for his own use. He forbad the inhabitants to sell the soldiers any goods, by which means they were obliged to buy of him at excessive rates. Whereas the soldiers used to receive their pay every fortnight, they were now glad to gett it in two, four or six months. Lloyd sold the Queen's provisions at certain prices, the product whereof he converted to his own use. He lay several nights [a week] without the garrison, seldom attended Divine service, but diverted himself on the Sabbath days with his flute and violin, to the scandal of religion and piety. We observe that most of the above particulars are confirmed by Mr. Jackson, who was recalled by Capt. Lloyd's complaints against him. As to the Address in favour of Capt. Lloyd [March 14], that of the inhabitants seems to be subscribed by the same hand, and Mr. Jackson doth solemnly declare that it is signed with false names, there being but one of the subscribers by name that he knows, the rest being no inhabitants at St. Johns, but utterly strangers to him. And that the old and most substantial inhabitants are persons so far from signing in Capt. Lloyd's favour this year, that many of them are gone out of the country, and have left their business purely upon his return thither; that above three parts of those who subscribed to the Address by the Masters of ships [March 14] were never acquainted with Capt. Lloyd's former proceedings, having never been in St. John's Harbour before the last year, and they have been perswaded by 2 or 3 persons, who have formerly subscribed all manner of certificates, as they served for their interest. Autograph signatures. 4¾ pp. Endorsed, R. March 30. [C.O. 194, 22. No. 66; and 195, 4. pp. 270–273.]
March 30. 217. Certificate by Capt. Fairborn that Lt. Moody was cleared of the charge of causing Christian's death [see March 14 and 28]. Signed, W. Fairborn. ½ p. [C.O. 194, 3. No. 157.]
[March 30.] 218. [? Major Lloyd to Sir C. Hedges.] Proposals concerning Newfoundland. (1) That the Governor of the Fort at St. Johns have orders to secure and subsist all prisoners of war taken by letters of marque, with power to exchange them for English carried to Placentia. For want of this our letters of marque, for fear of being cumbered with too many prisoners, decline taking prizes, or ransom them for small matters. If they bring in their prisoners, for want of a regular officer for that purpose, they are lett loose to stragle where they please, and often run away with our boats etc., so that the fishermen are forced to neglect their fish to watch the French. (2) The greatest part of our ships resort to St. John's only, so that they have not room to save their fish, and take not half the quantity that they would, were they dispersed into diverse harbours, which they would gladly do, if the men of war were ordered to cruize to protect them. (3) Proposes that convoys have orders to sail with all our ships by Sept. 20 at farthest, and that H.M. would reinforce the garrison of St. Johns with another company of soldiers; at present they are not numerous enough to defend the place, much less to annoy the enemy. 1 p. No date or signature; apparently part of Memorial of earlier date considered by Sir C. Hedges at this juncture. [C.O. 194, 22. No. 66.A.]