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.]|
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.]
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.
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.]
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.]
207. Lt. Moody to the Queen. Prays to be provided for
in the Army as a reward for his services in Newfoundland. 2 pp.
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.]|
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.]
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,
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.
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.
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.]|
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.]
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.
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.]|
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.
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.]
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.]
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.]