America and West Indies: June 1709, 1-9

Pages 322-343

Calendar of State Papers Colonial, America and West Indies: Volume 24, 1708-1709. Originally published by His Majesty's Stationery Office, London, 1922.

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June 1709, 1-9

June 1. 550. Attorney and Solicitor General to the Council of Trade and Plantations. Reply to preceding. (1) H.M. has a right to grant such parcels of lands for any term or estate not exceeding 31 years, or 3 lives, or for a term of years determinable upon one, two or three lives, etc. (2) No such security is required by law to be given, etc. Signed, Ja. Mountague, R. Eyre. Endorsed, Recd. Read June 1, 1709. 1 p. [C.O. 388, 76. No. 63; and, 389, 36. pp. 412–414.]
June 1. 551. A second list of 1193 Palatined lately come over from Germany, taken by John Tribbeko and Mr. Ruperti; Walworth, May 27, 1709. (cf. May 9). Endorsed, Recd. Read June 1,1709. 30 pp. [C.O. 388, 76, No. 64.]
June 1. 552. Mr. Secretary Boyle to the Council of Trade and Plantations. Encloses following. Signed, H. Boyle. Endorsed, Recd. 2nd, Read 3rd June, 1709. 1 p. Enclosed,
552. i. United Society of London for Mines Royal to the Queen. Proposal for settling the German Protestant Refugees in the Manor of Penlyn (Snowdon) as May 23. 2 pp. [C.O. 388, 76. Nos. 65, 65. I.; and (Without enclosure) 389, 36. p. 421.]
June 1.
553. Council of Trade and Plantations to the Earl of Sunderland and the Lord High Treasurer. (See May, 3, 9, etc.) As to the settlement of the poor Palatines here, tis certain that a multitude of people is the glory and strength of a Government; that many hands contribute to the increase of trade, and the increase of trade naturally tends to the increase of wealth. And of this we have a famous instance in Queen Elizabeth's reign, when many Dutch and Walloon families, to avoied the persecution of the Duke of Alva etc., were seated at Norwich etc. But then tis to be observed these families brought with them considerable stocks to set up a new manufacture of bays, says, stuffs and serges; which England till then was unacquainted with. The case of the poor Germans is quite different: they have neither stock nor manufacture, most of them women and children; a great many of them, through age and infirmities past their labour, others (not a small number) not come to it; some of them more fit for alms-houses than work-houses; there are 2000 already arrived, besides others that are expected, and many more that will probably follow, unless some discountenance be given to the transporting of them hither, until those already arrived be disposed of. Quote Attorney and Solicitor General (No. 550) and discuss methods of settling the Palatines in England. [C.O. 389, 36. pp. 414–420.]
June 2.
554. Council of Trade and Plantations to Mr. Secretary Boyle. Reply to 554. May 17. Enclose following.
554. i. Council of Trade and Plantations to the Queen. We humbly represent that, in relation to Hudson's Bay, that part of your Majestys Dominions being under the direction and management of a Company of merchant adventures of this kingdom, by virtue of letters patents of incorporation 1670, we have been attended by the Governor, who has delivered to us a printed deduction of your Majesty's right and title to the said Hudson's Bay, and all the places thereto, appertaining, which, being very particular and agreeable to what we find in our own books, we take leave to annex the same hereunto. We have also received from the said Company a Memorial, relating to the damages sustained by them, from the French, which' is also hereunto annexed. Upon which we humbly take leave to remark that your Majesty's title to Hudson's Bay is clearly and evidently made out by the foresaid deduction, and by the report of the Commissioners appointed to treat with the French Ambassador in 1687, added to the forementioned Memorial, notwithstanding any claim the French may pretend thereunto. And the Company having informed us that they have appointed two of their members to attend your Majesties plenipotentiaries, when a Treaty with the French shall be set on foot, in order to prove the several matters in the said deduction, as also the several allegations in their foresaid Memorial, relating to their losses, we shall only humbly offer that a very great advantage will accrue to this Kingdom, were the Company reinstated in their right, according to their Charter, by the fur trade from those parts, by the importation of other commodities, particularly whale oyl and whale bone, which might be had in plenty there, and by the exportation of our woolen manufactures, which the Indians are now perawaded to wear instead of skins. In relation to Nova Scotia or Accadie, to the boundaries on the Northern Continent and to the incroachments made by the French upon your Majesties territories in North America. Terra Nova (by Peter du Val called Nova Britannia) comprehends not only the Island of Newfoundland, but also Nova Francia or Canada, and Nova Scotia, and Sir Sebastian Cabbot was the first discoverer of all these countries in 1497, at the charge and for the use of King Henry VII, who had employed him to find out some Northern parts of America undiscovered by Collumbus. King Henry VIII and Queen Elizabeth continued the English interest there. In the year 1604 or 1606, the French possessed themselves of Accadie, part of Nova Scotia, lying on the South side of the River Canada, and named the whole Nova Francia, upon pretence that John Varazonus discovered these parts for the French King, Francis I. But this pretence of theirs has been fully answer'd by the Hudson's Bay Company before the Commissioners appointed by King James II for executing the Treaty of Neutrality in America in 1687. King James I, looking upon this encroachment of the French as an invasion of his right, did, by Letters Patents, dated Nov. 3, 1620, grant all the lands lying between the degrees of 40 and 48, Northern Latitude, and extending from the East sea to the West sea, unto the then Duke of Lenox and others, by the name of the Council of Plymouth. In 1621, the country of Nova Scotia was more particularly granted by King James I to Sir William Alexander afterwards Earl of Sterling, who took possession thereof, drove out the French, and planted a Colony there. In 1627, King Charles I being at war with the French King Lewis XIII, granted a Commission to Sir David Kirk and others to take possession of the lands lying on both sides of the River Canada, and to expel and eject all the French trading in those parts, wherein they succeeded, and that year seized upon 20 French ships, which, together with the Commanders and seamen, they brought for England; and in 1628, they possessed themselves of that part of Canada situated on the North side of the river with the Fort of Quebeck, while Sir William Alexander at the same time subdued all Accadie or Nova Scotia. In 1630, Sir W. Alexander sold his right to Monsieur Claude de la Tour, a French Protestant, to be held by him and his successors under the Crown of Scotland. About 1631, King Charles I made (as wee have been informed), some sort of concession of the said country to the Crown of France (unto which the French had not till then any title, for it was both discovered and planted by the subjects of England, and named Nova Scotia by King James 1), reserving nevertheless the right of the Proprietor who had before enjoyed it. In 1633 (notwithstanding the foresaid concession) King Charles I, by Letters Patents dated May 11, 1633, granted to Sir Lewis Kirk and others full priviledge not only of trade and commerce, even in the River of Canada (which is to the Northward of Nova Scotia) and places on either side adjacent, but also of planting Colonies and building ports, and bulworks, where they should think; fit; by which it may be reasonably concluded that the fore-mentioned concession (whatever it were) was not understood to have been an absolute grant and alienation of the said country from the Crown of England. But nevertheless Sir Lewis Kirk and partners were molested by the French in the enjoyment and exercise of the abovesaid priviledges. Many years before this, the country about Penobscot, lying to the westward of Nova Scotia, had been discovered by some of the inhabitants of New Plymouth, who seated themselves there, but were also afterwards sometimes disturbed by the French Governor of Nova Scotia. In 1654, Cromwell having a fleet at New England, caused the country of Nova Scotia to be seized, as being antiently a part of the English Dominions to which the French had no just title; and the Proprietor of the said country, Sir Charles de St. Estienne, son and heir to the forementioned Monsieur de la Tour, coming thereupon into England, and making out his title under the foresaid Earl of Sterling and the Crown of Scotland, his right was allowed of by Cromwell, whereupon the said St. Estienne by his deed, bearing date Sept. 20, 1656, made over all his right and title, both to Nova Scotia and Penobscot, to Sir Thomas Temple and Mr. William Crown, one or both of them. The said Temple and Crown, or one of them, or their assignes, did accordingly continue to possess and enjoy the same, with the profits thence arising, until 1667, in which year it was agreed between King Charles II and the French, by the Treaty of Breda, that the said country should be surrender'd to the French, which was accordingly done (by H.M. directions, as appears by his Order to that purpose) in 1670, by Sir Thomas Temple, then residing as Governor upon the place. But in the execution of that surrender, it has been represented to us that the said Temple exceeded his Commission, and delivered up Penobscot also, at which King Charles II was highly displeased, and did not confirm ye same. Not long after, a war broke out between France and Holland, in which the Dutch took the Fort of Penobscot from the French, demolished it and quitted it. King Charles II thereupon ordered and commissionated the Governor of New York to take the same under his jurisdiction, which was accordingly done; and the said country, extending from a place called Pemtagoet, Westward to the River St. Croix Eastward, and was annexed to the Government of New York, by the Duke of York's Patent for the same, and in prosecution thereof (the French still keeping possession of some parts of it) Sir Edmund Andross, when Governor of New York under the Duke, invaded them by force, and took the habitation of one Monsieur St. Costine, a Frenchman. In further proof that the River St. Croix was esteemed by the French, as well as by us, their boundary of Nova Scotia since the Treaty of Breda, we annex hereunto the copy of a Memorial upon that matter from Captain John Alden of Boston in New England, formerly employed by Sir Thomas Temple, and transmitted to us from thence by the late Earl of Bellomont. In 1691, not only the country of Penobscot, but also Nova Scotia, was by Charter of the late King William, granted to the Colony of the Massachusets Bay, and annex'd to that Government. It is to be observed that during Sir Thomas Temple's residence in and Government of those parts, he having been at great charge in building forts and otherwise for the protection of our fishery did levy £5 upon every fishing vessel that cured and dryed their fish upon that shoar. And accordingly after the surrender of that country by him, the French at first contented themselves with the same duty, but in process of time, some of their Governors claimed also the whole right of fishing upon the high seas, and have accordingly caused several of our vessels fishing there to be taken and made prize of. As to the encroachments of the French in those parts: About 1687 or 1688, the Eastern Indians, together with the French of Canada, committed several barbarous acts of hostility upon the Eastern frontiers of New England, and during the late and present war, have continued the same both by land and sea. In 1690, in an expedition under the command of Sir William Phipps, Port Royal, together with all the Southern Cape of Nova Scotia, was reduced under the subjection of the Crown of England; but not long after was retaken by the French, and has ever since continued in their possession. In 1696, several French men of war invaded the Eastern coast of New England, and took and demolished the fort at Pemaquid, whereupon the inhabitants of that country fled, and by reason of the insecurity of the place for want of that fort, have not since returned. The French pretend to and peremptorily challenge the sole right of fishing upon the Banks lying on the high seas off and about the coast of Accadie or Nova Scotia, as also that Eastern country which has all along, ever from the discovery and first settlement of New England, been used and improved for fishing as the just right and priviledge of the English. They pretend also to extend the bounds of their dominions, thro the main land as far as the River Kennebeck, tho the utmost they can pretend to is the River St. George, which is many miles short of Kennebeck. That the French lay claim to the sole right to this fishery on the coast, appears by the annex'd affidavits of John Swasey and William Giggles, Masters of two sloops who were seized by a French Captain in 1698, in their return from fishing on the forsaid Banks. We further annex the copy of a letter from Monsr. de Villebon, Governor of Accadie, to Mr. Stoughton, Lieut. Governor of the Massachusets Bay, dated Sept. 5, 1698, wherein he declares that he had possitive orders to seize on all English vessels fishing there, and to maintain the bounds of the French territories and sole right of fishing, as aforementioned. Upon which we take leave to observe that the consequence of those incroachments of theirs by land, besides many other inconveniences, would not only deprive your Majesty's subjects of four or five of the best fishing harbours on that coast, but it would also open to the French a way of being supply'd from the woods with a perpetual store of excellent timber and masts, and in a great measure defeat our design of being supply'd therewith, and with other naval stores from those parts. In case the French are to continue in Accadie or Nova Scotia, it will be necessary that by treaty the limits of Nova Scotia be fixed and restrained to the River St. Croix, and that the claim which the French pretend to derive from Sir Thomas Temple's forementioned surrender, which at most can extend no further than the river St. George, be not allowed of; much less that any concession be made for extending their boundaries Westward to the River Kennebeck, where their Jesuits have built a Church, for it's of great consequence to this Kingdom and the Plantations, that the French be confined to the East side of the River St. Croix; for if they be admitted to extend their Dominions to the River St. George, then at once near 200 mile of coast will be lost; and if they are to extend as far as Kennebeck, then much more of the coast and fishery will be lost to the Crown. The country beyond St. Croix is desart, being sandy, and having few timber trees, or trees for masts growing on it; whereas between the River St. Croix and St. George, the soil is rich and abounds with trees for masts and timber. That the French have a design to make use of those trees will appear from an intercepted letter from Monsieur Denys to the French King, which we received from the Earl of Bellomont in 1700. In case the French are to remain in Canada, the next boundary to be considered is that of the North and West parts of your Majesty's Plantations from New England to Carolina. Tho the English Patents generally have allowed no bounds by land, but extended the grant of those lands from sea to sea, yet the French, since their possession of Canada, having at several times gone up the River St. Lawrence, and from thence into the Lakes South Westward of the said river, lying all along upon the North and West of H.M. foresaid Plantations, as for as the River Missisipi, in the Gulph of Mexico, where they have lately made a Settlement, as appears by a letter from the Lords Proprietors of Carolina. And tho these voyages of theirs be no more than what has frequently, and as early, been done by Englishmen, yet they have thereupon from time to time extended their pretentions to the propriety of all the countries bordering upon the said rivers and lakes, which, if it should be allowed them, and that an intire freedom be not maintain'd for H.M. subjects to trade at least with the Indians of those parts, and for them and the said Indians to pass and repass without protestation, it will exclude your Majesty's subject's from the inland trade, and confine them to a narrow tract of ground upon the coast.
In relation to New York and its dependences, your Majesty's title to that Province is not disputed. But as the French have without any just right pretended to the soveraignty over the Five Nations of Indians bordering upon New York, we humbly beg leave to annex a deduction of your Majesty's right and title to the soveraignty over the said Indians, as the same was prepared by the then Commissioners for Trade and Plantations in July 1697, for his late Majesty's plenipotentations then at the Hague, and have added thereunto an account of the proceedings between the late Earl of Belloment and the French Governor of Canada upon that subject. We have likewise added the copy of a Memorial from Col, Bayard and an affidavit of William Teller, transmitted by the said Earl, proving the constant subjection and dependance of the said Five Nations upon the Government of New York, ever since the first settlement of that country by the Dutch, in or about 1609 or 1610, by which Memorials and affidavit, all the pretentions of the French to any right over the said Indians seem to us to be fully answered and made void. This matter we thought of such consequence as to deserve, to be laid before your Majesty for your royal consideration, it being our humble opinion that it is absolutely necessary for the security of the Province of New York and the rest of your Majesty's Dominions in that part of America, that the Five Nations of Indians be preserved and maintained in their subjection to the Crown of Great Britain as formerly. We shall only add that since the Lord Cornbury's Government of New York (as we have been informed), an Agreement was concluded by his Lordship with the Governor of Canada for a Nautrality between the said forementioned Five Nations and the French and their Indians of Canada, which has been of great prejudice to your Majesty's Governments in New England, as will more fully appear by the foresaid paper. In relation to St. Christopher's, that Island was first discovered by Christopher Columbus, and afterwards possessed by Sir Thomas Warner for the Crown of England, in 1623, and the said Warner was made Governor thereof. But how or by what means the French came to have a share of that Island before the Treaty concluded at Breda, we do not find any footsteps in our books. We only find that the said Island was divided into four quarters between the English and ye French, each Nation having two different quarters, besides a Peninsula running Southerly towards Nevis, with some salt ponds upon it, which were claimed by the French, but the salt was commonly gathered or shared by both Nations, who kept a friendly correspondence until 1666, when the French by surprize took the two English quarters of that Island, which by the Treaty of Breda, they were obliged to restore with all speed, or at the furthest within six months, together with all the negroes, slaves and other moveable goods. But contrary to such obligation, they detained the English part of the Island until about 1671, notwithstanding the several demands that were made in due manner in pursuance of the said Treaty, as well as the immediate surrender to the French of Nova Scotia or Accadie, By which detention of St. Christopher's and inexecution of the said Treaty, and their not restoring all the moveables and other things which they were obliged to do, the English were very greatly endamaged; and in such state that Island remained untill the first year of the late war in 1689, when, contrary to Article 18 of Neutrality, made between the two Crowns in 1686, whereby it is expressly stipulated, that upon any breach between the said two Crowns in Europe, no act of hostility should be committed in any of the American Colonies, the French fell on the English again, and taking the chief fort, drove them off the Island, and destroy'd most of their Plantations, kept the whole Island till the year 1690, when by the assistance of forces from Europe it was retaken, by Col. Codrington, then Governor in Chief of the Leeward Islands, and all the French sent away by capitulation to their other Colonies in America; and thus it continued till the Peace at Riswick; by which the French part was restored to them again. Upon the breaking out of this war, the forementioned Treaty of Neutrality, not then in force, as is more particularly set forth in a paper hereunto annex'd, Col. Codrington, then Captain General of the Leeward Islands, did in June or July, 1702, retake the whole Island again, which has ever since remained in your Majesty's possession, and the French part has been setled by your Majesty's subjects. But in regard of the uncertainty of the possession, the grants made in the French part were limited to 2 or 2½ years at most; by which means that said part has not been so well improved as otherwise it might have been, the inhabitants being unwilling to venture any considerable stock upon such lands and plantations as they have no assurance shall be long enjoy'd. But if it be once known that the said Island shall remain wholy to H.M., it will soon be well setled and inhabited by people that will resort thither from all parts to live upon an Island so famous for the healthiness of the clime, firtility of ye soil, and for its plentifull production of many profitable commodities, especially sugar, indico, ginger, etc., having a reasonable good fort, good roads for shipping, and well water'd, with other advantages to make it the best and most considerable of all the Leeward Charibbee Islands. But, in case the French should be restored to their part of the said Island of St. Christophers, those that are now settled upon some of those plantations, will be turned out again to the discouragement, not only of them, but more especially of the former or old inhabitants as well as of those of the other of the Leeward Islands, who have freely ventured their lives in the taking of the said Island, besides when the former inhabitants find that the French are to be restored, they will not only be discouraged but perhaps driven by their just apprehensions of future danger to quit the Island, where they have been allready twice ruined, not willing to run the like hazard upon the breaking out of a new war, by which means the Crown will lose a considerable revenue, and the Nation a beneficial trade. Besides that if the French be restored to their part of that Island, they will allwayes not only be the occasion of a continual uneasiness to your Majesty's subjects there, but may also prove dangerous to the other Leeward Islands, and the trade thereof, especially to Nevis, which lyes but 3 miles distant from St. Christophers, In relation to Jamaica, that Island having ever since the Treaty of Breda been entirely in the possession of the Crown of England, and remaining so still, we shall only take notice that toward the West end of the Island of Hispaniola, lies a small Island, called by the French Isle des Vaches, and by us Isle of Ash, where the inhabitants of Jamaica formerly fished for turtle, and sometimes went to hunt upon it. But in 1687, Monsieur de Cussy, the French Governor of Hispaniola, writ to the then Governor of Jamaica, that the French King had given orders for settling the said Isle of Ash, and he therefore required the English to forbear any more fishing upon that coast, or hunting upon that Island, threatning to make prize of those that should be taken there. And the said Isle of Ash has accordingly, since that time, been setled by the French. Having received a Memorial relating to the inconveniencies arrising to your Majesty's Plantations, from the settlements of the French in the West Indies, especially to Jamaica from the French on Hispaniola, tho this matter do not directly come within your Majesty's order to us, yet it seems of such importance that we think it our duty to lay it before your Majesty. In relation to Newfoundland, this country was first discovered by Sir Sebastian Cabbot in 1497, at the charge and for the use of King Henry VII. King Henry VIII continued the English interest there, and sent one Bute to make a settlement in Newfoundland. Queen Elizabeth sent Sir Humphrey Gilbert to plant a Colony there, who possessed the Harbour of St. John. In 1608, John Guy, a merchant of Bristol, made a good settlement there also. In 1623, King James I granted to Sir George Calvert that part of Newfoundland begining Southerly from the middle of a neck of land lying between the Harbours of Fermose and Aquaforte, all along the coast Northward to Petty Harbour, under the name of Avason. In 1628, Sir George Calvert transported himself with his family thither. But upon pretence that the said Sir George and his successors had deserted and neglected to settle the said country, it was, together with all the rest of Newfoundland, in the 13th year of the reign of King Charles I, 1638, granted to the Marquis of Hamilton, Sir David Kirke and others, with power to demand and receive, as an acknowledgement of the King's soveraignty over that country, from all strangers that should come to fish or to buy fish there, or within 30 leagues thereof, 10 per cent of such fish, one moiety for the use of the King, and the other for the Proprietors. We find that about 1660 the French did fish at Newfoundland, but we do not find at what time or how they came to make their settlement there. According to the best information we can get, the English fishery and possession of the coast of Newfoundland, about the time of the Treaty of Breda, extended from Salvage and Barrow Harbour (which lye to the Northward of Bonavista) to Trepasty (a harbour which lyes to the Westward of Cape Race) inclusively; only, in the Harbour of Trepastey, the French have also fished, as well as the English. We do not know of any alterations in the possession of that country since that time, until the last war, when the French made several attempts upon some of the English harbours, and particularly in 1694, they attaqued the Port of Ferryland, but were beaten off with loss. In 1696, they took St. John's, Ferryland, and other harbours, and generally made themselves masters of the whole coast, but quitted the same before the arrival of the forces sent by his late Majesty to dispossess them. In 1705, Monsieur Subercasse, the French Governor of Placentia, with about 600 French and Canadian Indians, attacked the Fort of St. John's, but were repulsed by Capt. Moody, then Commander of that Garrison. In December, 1708, the French, with about 160 men, took the Fort of St. John's, the particulars whereof are not come to our hands. What further progress the French may have made there is uncertain. Off of Newfoundland, and within the limits granted to the Marquis of Hamilton etc., over against Cape Race, at a small distance, there lyes the Great Bank about 100 leagues in length and 25 in breadth; on this Bank the French employ some hundreds of ships yearly in fishing, each whereof makes two, and some three voyages a year, which is of great advantage to them in the increase of their seamen, and in the returns for the fish they send to forreign markets; they fish upon this Bank all the year; whereas on the coast, we can only fish from May 20 to August 20. And therefore we humbly offer it to your Majesty's royal consideration, whether the French shall continue to fish upon the said Bank or no. In relation to Tobago, in 1626, Sir Thomas Warner took actual possession of all the Charribbee Islands (whereof Tobago is one), for the use of the Crown of England, and in the name of King Charles I, who, by letters patents, dated June 2, 1627, and confirmed the year following, granted the said Islands to James Lord Haye, Earle of Carlisle, his heirs and assignes, who held the same in propriety, under the protection of England, till the patentees made a surrender of their interest to the Crown. Sometime after the Island of Barbados had been settled under the grant of the Earl of Carlisle, a considerable number of English were sent from thence to Tobago, who not only retook possession thereof under the command or government of one Ayris, but stay'd there till, by reason of the unhealthiness of the country, they thought fit to draw off and return to Barbadoes, where the said Ayris was living about 1699, if not at this time, and well known by the name of the Governor of Tobago. Sometime before the restoration of King Charles, the Duke of Courland, intending to settle a Colony in the West Indies, took advantage of the disorders in England by reason of the Civil Wars and possessed himself of the Island of Tobago, giving permission to one Lampson, a rich Zealander, to associate himself with the undertakers in that design, he paying a yearly acknowledgement to the Duke for the same. In 1658, the said Duke being imprisoned by the Swedes, Lampson's party made use of that conjuncture to raise a mutiny in the Garrison of Tobago against the Governor, whom they forced to capitualate with them and their adherents; and, by this violent act, the Lampsons became masters of the Fort and Island of Tobago, which usurpation they continued for some years. Upon the Duke of Courland's being set at liberty, he made application to King Charles II for his protection and leave to reposess himself of Tobago, and accordingly obtained a grant thereof, Nov. 17, 1664, upon certain conditions which show an acknowledgment of his tenure from the Crown of England. Notwithstanding which grant, the Dutch kept their footing in that Island till 1665, when they were driven out by the English, and upon their retaking possession without leave from England, they were again expelled in 1672, by SirTobias Bridge and Sir William Pool, who destroyed the Fort and buildings without making any new settlement, it being judged sufficient that the Government of the neighbouring Island of Barbadoes should retain the Island of Tobago under their jurisdiction, and make use of it on all necessary occasions as depending on that Government, thereby preserving the title of the Crown of England, and hindering any other nation from beginning a settlement there. Nevertheless, after the peace was concluded, the Dutch West India Company took upon them to resettle Tobago, and were possessed of that Island until the war they had with the French in 1676, when Count d' Estree's with a squadron of ships attacked the Island, and blowing up the Fort, carryed off all the Dutch inhabitants, except a serjant, John Hessen of Amsterdam, and two other Hollanders, who continued there some days after the French had entirely abandoned the Island, as appears by the depositions of the said John Hessen produced by the Sieur Van Benningen, then Ambassadour from the States in England, who, redemanding some negroes that were come into the hands of a Governor of one of your Majesty's Charribbee Islands, did alledge that the Admiralty of Amsterdam remained masters of the Island, notwithstanding the depredation of the French, who had made but a transient invasion, without stay or settlement there, as is more at large expressed in his Memorial. In this desolate state the Island remained till towards 1680, when the Duke of Courland had once more thoughts of resettling it under the grant from the Crown of England as aforesaid, and with the assistance of Dutch merchants fitted out some ships in Holland to that end, but with little or no success, which obliged the Duke to have again recourse to the Crown of England, and to make his request by his Agent Baron Blomberg to the late King James II, in 1686, that H.M. would be pleased to encourage the settlement of the said Island, and allow some of his English subjects to joyn in the design, with others that should be employed by the Duke; but, upon an hearing in Council, it was then declared by H.M. Attorney General that the said Duke not having duly fulfilled the conditions of his contract or grant from King Charles II, had forfeited the advantages of his said grant, and consequently any right the Duke could pretend to by virtue thereof was become void in law, and returned to the Crown. Notwithstanding which declaration, a fresh encouragement has been given by the Agents of the Duke of Courland to several persons here in England to resettle the said Island; but upon our humble representation to his late Majesty of May 18, 1699, shewing the inconveniencies of such a settlement, H.M. was pleased, by an Order of Council of the same date, not to allow thereof, but to forbid all persons to proceed on that design, either from England or any other place. From which deduction of matter of fact, we humbly beg leave to infer, that the possession taken of Tobago by Sir Thomas Warner in 1626, gave King Charles I a just right to the said Island, which has ever since continued in the Crown of England, and is now undoubtly inherent in your Majesty, notwithstanding the pretentions that may be formed to the contrary by any other Prince or State whatsoever, for the reasons following; that the Duke of Courland had never any direct dominion over the said Island, but possessed it only by a grant and tenure from King Charles II, which he forfeited, as aforesaid; that the incroachment made by the Lampsons on the Duke of Courland was a meer usurpation, which could in no wise prejudice the original claim of the English, which, however, was twice asserted by two entire conquests made by them on the Dutch in 1665 and 1673, since which time the Dutch have not acquired any new title, either by cession or otherwise, from the Crown of England. So that the French cannot be said to be well founded in their claim to this Island, either by what they call a conquest in 1676, which has been proved to be no more than a transitory invasion without any settlement, barely affecting the Dutch Colony and garrison, or by treaty with the Dutch in 1678, who, having no just right of their own, could neither lose nor transfer any right to the French towards the invalidating the superior and original title of the Crown of England. And whereas it is alledged by the French that for maintaining their property in that Island, they send ships twice a year to Tobago, to hinder any other nation from taking possession thereof, we do further humbly offer, that the coming of French ships to Tobago cannot be understood to be otherwise than by allowance for the maintaining a friendly correspondence and a reciprocal kindness between the two Crowns, and that the continuance of possession by your Majesty is much more easily proved by the constant frequenting of that Island by your Majesty's men of war and other ships of your subjects, which resort thither daily from Barbados, and stay there 2 or 3 months at a time or more, to furnish themselves with wood, water and other necessaries in the said Island, which depends absolutely on your Majestys Government of Barbadoes, as other Islands lying to windward of Guardaloupe. In relation to Dominico, your Majesty's right and title to that Island will clearly appear from the considerations following, viz., that from the first discovery thereof by the English, that Island was expressly and by name contained in the original grant made of the Charribbee Islands to the Earl of Carlisle in 1627 and has constantly and without interuption been inserted in all Patents and Commissions given to the several proprietors or Captains General successively from that time to this, and has ever been reputed as a dependance of your Majestys Government of Barbadoes; that upon information of the French having made some encroachments on those neighbour Islands, William Lord Willoughby (appointed Governor of the Charribbee Islands in 1666) had a particular Instruction to allow no stranger, subject to any other Prince or State, to inhabit or possess any place contained in his Commission (wherein Dominico and Sta. Lucia were expressly named) but such as should acknowledge H.M. sovereignty there; and was likewise order'd to streighten, distress and dispossess any of the French King's subjects who should have taken possession of any Island named in his Commission, H.M. being resolved to assert his right to those Islands, and to vindicate his subjects from the insolence and injuries of their neighbours; that in pursuance of this Instruction Lord Willoughby went to Dominico with an armed force to punish the Indian inhabitants for some injuries done the English, and soon brought them to a composition, whereby the Chiefs of these Charribbees did, by a general consent in March 1668, surrender and convey the said Island to the King of England, putting themselves as subjects under H.M. protection and Government. This they did by an instrument in writing sealed and delivered in the most solemn and authentick manner that these people are capable off; the truth whereof was attested by Edward Littleton Esq., who was then Secretary to his Lordship, and had the said instrument in his custody; that in consequence of this pacification, the Lord Willoughby gave a commission to Col. Thomas Warner (whose father was Governor of St. Christophers and his mother an Indian woman), to be Deputy Governor of Dominico, who for several years maintained the Indians, (then the only inhabitants of that Island) in their quiet and peaceable subjection; that the first dispute to the contrary was in May 1672, when Col. Codrington, then Deputy Governor of the Charribbee. Islands under the said Lord Willoughby, having sent some men from Barbadoes for the better peopling of Dominico, Monsr. de Baas, (Governor of Martinico), did not only dispossess them, but burnt their houses, and warned the said Colonel from sending men thither to plant any more, lest by such an action he might be guilty of a breach of peace then settled between the two Crowns; by one of the articles or conditions of which peace, he pretended Dominico was to remain a neuter Island, free to the Indians, and possessed by neither nation, whether English or French. To which suggestion answer was made by the then Council of Trade and Plantations in their letter to my Lord Willoughby of Dec. 11, 1672, that no such Articles of Peace have been treated on here or elsewhere in H.M. name by his order or direction etc. (See C.S.P. 1672. 992. i.) That upon the death of the Lord Willoughby (in April, 1673), the Government of the Windward Islands devolving (as appointed by his Commission) on the President and Council of Barbadoes, they, in order to secure H.M. title to Dominico, sent new powers to Col. Thomas Warner, of the same tenure, with that Commission formerly given him by the Lord Willougby, whereby he continued Governor over that H.M. Island till Dec. 27, 1674, when he was killed by Col. Philip Warner, and others from Antego, who were tryed in 1676, for the crime against the King in the loss of a subject. That from that time the English have not thought fit to plant the said Island, but have left it unsettled for the use and supply of Barbadoes, on which Government it has always been reputed to depend. That, as an instance thereof, Col. Stede (Lieut, Governor of Barbadoes and the rest of the Windward Islands), after having published on Barbadoes the Treaty of Peace and Neutrality in America, sent Capt. Beach with one of H.M. frigates to make a like publication of the said Treaty on Dominico, (as a part of his Government), which was done accordingly in March 1686/7. and the Arms of England were solemnly affixed in the most eminent places of the said Island, as an ensign of H.M. Soveraignty over it. That, notwithstanding all this care to preserve H.M. right to Dominico, some French soon after got thither again, which obliged Col. Stede by H.M. frigat once more to disturb their settlements in May, 1687, by burning their hutts, their fishing tackle and canoes, and causing a French ship to be seized with the men belonging to it for having cut wood there without leave. That, to prevent further disputes with the French upon this and the like occasions, Commissioners were appointed in 1688, to treat with Mounsr. Barillon, then French Ambassador here, for determining the respective Colonies, Islands, etc., belonging to each nation; and Instructions were dispatched to Col. Stede, to send an exact account of the boundaries and limits of his Government of Barbadoes, and of the Islands and Territories depending thereon. In pursuance whereof he gave a Commission to several of the Council of Barbadoes, to make enquiry into H.M. title to St. Lucia, St. Vincent and Dominica, who from the depositions of the most aged and best knowing persons then living in those parts, formed a Report (Sept. 23, 1688), whereby it appears (to use his own words) "that H.M. had an undoubted and sole right to these three Islands, and that the French have not truly any shaddow or colour of pretence thereto;" but this Report not arriving in England till after the late war with France broke out, the Commissioners appointed on both sides for settling the respective limits in America (as abovementioned) separated without coming to any agreement. And whereas the French have acquired no new title to any of these Islands in dispute, either by right of conquest during the course of the late war, or by any condition expressed in the late Treaty of Peace, we are humbly of opinion that your Majesty has an intire right of soveraignty over "the Island of Dominico. In relation to Sta. Lucia, a general discovery was made of all the Charribbee Islands by Thomas Warner in 1626, who took possession of St. Lucia in particular, and left there one Major Judge as Governor. King Charles I, made a grant of all the said Islands to the Earl of Carlisle in 1627; who setled St. Lucia, in 1635 and 1637, by English Colonies from Bermuda; in 1638 by a Colony from St. Christophers; and in 1640, 1644 and 1645, by Colonies from Barbadoes. In 1663, the English from Barbadoes, contracted with the Indians for the full and absolute purchase of St. Lucia, on valuable considerations; as appears by a deed of conveyance signed by AnnaWatta, the Babba (or Chief Governor) Thomas Warner, an Indian and two others of that nation, by the consent and in the behalf of all their people. By vertue of this deed, Francis, Lord Willoughby, Captain General over all the Charribbee Islands, sent a regiment of foot from Barbados to St. Lucia in 1664, under' the command of Col. Carew, to whom the four Indian Princes or Captains abovementioned gave and deliver'd by a solemn manner of turf and twigg, in behalf of themselves and the rest of the Indian Proprietors, all their right, title and interest to the said Island; and accordingly Col. Carew remained there as Deputy Governor. From that time, St. Lucia has been reputed a dependance on the Government of Barbados, and as such, has been constantly inserted in all Commissions and Instructions given to the respective Governors, particularly the Lord William Willoughby was, in 1666, directed to streighten distress and dispossess any of the French King's subjects, or others, who might offer to possess themselves of the said Island. The first pretention formed by the French to St. Lucia, was in 1685, when, under colour of hunting, fishing and cutting wood for the use of Martinico, they built houses and made some small settlements there; upon notice whereof, Instructions were sent by King James to Col. Stede, then Lieut. Governor of Barbados; to cause all forreigners, unless they submitted themselves and acknowledged the King of England's sovereignty over that Island, to remove from thence, and on this and all occasions to renew H.M. claim and possession. In pursuance of these orders, Col. Stede, in July, 1686, sent Capt. Temple, Commander of one of H.M. frigats, to Sta. Lucia, where he immediately summoned such of the French as cou'd be found upon the Island, and, in their presence, published H.M. title to the said Island, by a solemn Proclamation, and erected in the chief Ports, the Arms of England as an Ensign of H.M. soveraignty over that Island; caused all the French inhabitants to be transported to Martinico, and writ a letter to the French Governor there, Count de Blennac, giving him notice of what he had done, requiring him withal not to suffer any within his Government to cutt wood, plant, fish or hunt in or about Sta. Lucia, without leave first obtained from H.M. Governor of Barbados. Count Blennac complained of these proceedings, but the effect of these memoirs presented by the French Ambassador here upon that subject was, that King James thought fit again to assert his title, and Capt. Temple was commissionated a second time to drive off from Sta. Lucia such foreigners as he should find there, to demolish their houses and to destroy their settlements, which he accordingly executed, and was actually in possession of the said Island in the beginning of Nov., 1686, and at the very time when there was concluded at Whitehall the Treaty of Peace and Neutrality, by Article 4 whereof it was agreed that both Kings should have and retain all they then possess'd in America. Capt. Temple staid on Sta. Lucia with a fleet of merchantmen (who were cutting wood) till the middle of January following, and no French vessels were suffer'd to arrive there. In March 1686/7, Col. Stede published the said Articles of Neutrality in Sta. Lucia as a Dependance on his Government, and caused his said Majesty's Arms to be affix'd in the most eminent places there, as a fresh assertion of his sovereignty over the said Island. In March 1687/8, some French being crept once more into the Island, Capt. Wren disturbed their settlements, and again asserted the ancient right of the Crown of England. In June 1699, Col. Grey, Governor of Barbadoes, had notice that some French were observed to inhabit the said Island, and had employed negroes in order to a settlement. Whereupon King William was pleased to renew the Order formerly sent to Col. Stede, directing Col. Grey to pursue the same, by giving notice to the French or any other foreigners who are settled, or may hereafter pretend to settle there, that unless they remove from off that Island, and discontinue their settlement, he should dispossess them by force and send 'em off the said Island. From all which it is evident that your Majesty has an entire right of sovereignty over the Island of Sta. Lucia, by all the grounds and titles whereby property can either be acquired or reserved, viz. by first discovery in 1626; by so frequent settlements as amount to a constant possession; by purchase from the natives; by having preserv'd the English title to this Island expressly and by name, without interruption, in all Patents and Commissions; by having at several times vindicated and asserted that title by force of arms, driving away all forreigners as often as they pretended to make settlements there, without leave; by solemn Proclamations and Ensigns of sovereignty, and by actual possession confirmed to the English by Article 4 of the Treaty of Peace and Neutrality, in America, in 1686. Annexed,
554. i. A Deduction of the title of the Crown of Great Britain and the Hudson's Bay Company to that territory.
554. ii. Memorial of the Hudson's Bay Company. See May 23, 1709.
554. iii. Capt. John Alden's Memorial re Nova Scotia. See C.S.P. 1700, No. 402. iii.
554. iv. Memorial of the Council and Assembly of the Massachursetts Bay to the Queen. Oct. 20, 1708. See May 24, 1709.
554. v. Testimony of John Swasey and William Gigles. See C.S.P. 1698, No. 922. iv.
554. vi. M. de Villebon to Mr. Stoughton. Sept. 5, 1698. See C.S.P. 1698. No. 922. i.
554. vii. M. Denys to the King of France. See C.S.P. 1700. No. 402. iv.
554. vii. Lords Proprietors of Carolina to the Council of Trade and Plantations, May 26, 1709. q.v.
554. ix. Memorial by the Council of Trade and Plantations, 1697, relating to the right of the Crown of Great Britain to the soveraignty over the Five Nations of Indians.
554. x. Memorial from Col. Nicholas Bayard relating to same. July, 1698. See C.S.P. 1698. No. 644.
554. xi. Deposition of William Teller relating to same. See C.S.P., 1698. No. 643.
554. xii. Abstract of proceedings between the English and French from the Treaty of Breda to 1677, relating to St. Kitts.
554. xiii. Observations by the Council of Trade on the Treaty of 1686. See C.S.P. 1699. p. 67.
554. xiv. Memorial by Richard Harris. See May 25, supra. [C.O. 324, 9. pp. 294–399.]
June 2. 555. Extract of above Representation relating to Tobago (1715). [C.O. 285, 2. No. 2.]
June 2. 556. Extract of above Representation relating to Sta. Lucia. [C.O. 253. 1. No. 1.]
June 2.
St. James's.
557. Order of Queen in Council. Referring following to the Council of Trade and Plantations for their report. Signed, John Povey, Endorsed, Recd. 11th, Read 13th June, 1709. 1 p. Enclosed,
557. i. Peregrine, Marquis of Carmarthen, to the Queen in Council. Urges suppression of pirates at Madagascar, and gives warning of an intended expedition thither under one Captain Breholt. See A.P.C.II. No. 1090. Copy. 2¾ pp.[C.O. 323, 6. Nos. 77, 77. i.; and 324, 9. pp. 400–405.]
June 2.
St. James's.
558. Order of Queen in Council. Referring following to the Council of Trade and Plantations to examine and report upon. Signed, John Povey, Endorsed, Recd. Read Feb. 21, 1709/10. 1 p. Enclosed,
558. i. James Campbell to the Queen. Prays to be recompensed for his losses (£9000) in Newfoundland etc. at the hands of the French, and for his services in the defence of St. Johns, 1705, and in giving intelligence of the state of affairs in Newfoundland, etc. Copy. 2¾ pp. [C.O. 194, 4. Nos. 126, 126. i.; and 195, 5. pp. 93–96; and 129–132.]
June 3.
559.Council of Trade and Plantations to the Queen. Mr. Gordon [see March 24 supra], has produced to us two certificates signifying that it do's not appear that the Act of Barbados referred to has been either confirmed or repealed by the Crown. [C.O. 29, 11. pp. 458, 459.]
June 3.
560. Council of Trade and Plantations to the Lord High Treasurer. There was due to the Commission for Trade and Plantations one whole year's salary at Lady Day last past, besides what is incurr'd since. We pray your favourable order therein. [C.O. 389, 36. p. 422.]
June 4.
St. James's.
561. Copy of H.M. Warrant for payment of £24 a day for the support of the poor German Protestant Refugees, over and above the £16 already granted. Countersigned, Godolphin. Endorsed, Recd. Read June 23, 1709. 1¾ pp. [C.O. 388, 76. No. 77.]
June 8.
562. Robert Pringle to Mr. Popple. Encloses following, and requests that a Commission and Instructions be transmitted to the Earl of Sunderland to be laid before H.M. Signed, Ro. Pringle. Endorsed, Recd. Read June 9, 1709. 1 p. Enclosed,
562. i. Mr. Burchett to the Earl of Sunderland. Prays for a Commission for the Commodore of the convoy to Newfoundland, Capt. Joseph Taylor, H.M.S. Litchfeild, to command at land (v. Jan. 27, 1709). The last men of war bound convoy thither are now under sailing orders, etc. Copy. ¾ p. [C.O. 194, 4. Nos. 94, 94. i.; and 195, 5. pp. 96, 97.]
June 9.
563. Council of Trade and Plantations to Governor Park[e]. Since ours of Feb. 24, we have recd, none from you. Refer to passage in his letter of Nov. 14, 1708, relating to leakage of intelligence, which being an imputation upon somebody, and a matter fit to be inquired into, we therefore desire that you will inform yourself as particularly as you can what the intelligence was, who the persons were that received it, and also if possible from whom they had it, and to give us an account thereof as soon as possible, that we may thereupon do what shall then appear proper on that occasion. Having been again attended by Mr. Arthur Freeman in relation to the Act of Antigua (cf. May 9, 1707) and having received no answer from you in that matter, we again transmit copies of the Act and Attorney General's report, and desire that you will examine the several matters therein mentioned, and return to us as soon as may be a particular accot. thereof, as is proposed by the said Report. [C.O. 153, 10. pp. 358, 359.]
June 9.
Treasury Chambers.
564. Mr. Bendyshe to Mr. Popple. Encloses following. I shall be very glad if the poor man may obtain the favour desired. Signed, The Bendyshe. Endorsed, Recd. June 10, Read July 5, 1709. ½p. Enclosed,
564. i. Richard Jurdine, a linen-draper in Cambride, having inherited an estate in Antigua, prays for a recommendatory letter to the Governor and Council to see that justice be done him with despatch, etc. [C.O. 152, 8. Nos. 21, 21.i.; and 153, 10. pp. 360, 361.]
June 9.
[9. 4m. (Jun.)]
565. Mr. Penn to Mr. Popple. Hond. Frd. I beg leave to have the boundarys of Ld. Baltimore's Patent in order to my defence, and ye date of it, wth. any other things or papers yt. are reasonably to be graunted refering therunto, wch. will much oblige, Thy assured and affect. ffrd. Wm. Penn. Endorsed, Recd. Read June 9, 1709. Addressed. Holograph. 1 p. [C.O. 5, 716. No. 64; and 5, 727. pp. 120, 121.]
June 9.
566. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M. Enclosed,
566. i. Draught of Commission for Capt. Taylour to command at land in Newfoundland during his stay there, and of Instructions for the better putting in execution the Act for redressing abuses practised by masters of ships etc. in those parts.
Similar to those given to former Commodores. [C.O. 195, 5. pp. 98–105.]
June 9.
567. Mr. Popple to Josiah Burchett. The Council of Trade and Plantations not knowing in what condition our settlements at Newfoundland may be in by reason of the late attempts by the French, they do not see what proper queries can be framed to be given to the Commodore for this year; however they think it will be of service that the usual Heads of Enquiry and Additional Instructions, tho' it is not expected the Commodore shou'd answer them all, be given to him entire, for such answers as he shall be able to make; and therefore their Lordships have commanded me to send you the said enquiries here inclosed, which you will please to lay before my Lord High Admiral for his Lordship's directions therein. Enclosed,
567. i. Heads of Enquiry and Additional Instructions for the Commondore of the Newfoundland Convoy. Same as last year. [C.O. 195, 5. pp. 105–109.]
June 9.
St. James's.
568. Order of Queen in Council. Repealing clauses in an Act of Barbados, 1667, concerning clerks and marshals' fees, whereby judges are empowered to appoint their own marshals, as encroaching on Mr. Gordon's Office etc. The Governor is to endeavour with the Assembly that clauses in an Excise 'Act of 1708, empowering Commissioners of Assembly to appoint their own Marshals be also repealed, or that he return an account to H.M. of the objections against repealing it. The Governor is to protect Mr. Gordon in his office and not to pass any law prejudicial to the rights and perquisites of the office of Provost Marshal. Set. out, A.P.C.II. 1093. q.v., and June 3 supra. Signed, John Povey. Endorsed, Recd. 15th, Read 25th Oct., 1709. 27¼ pp. [C.O. 28, 12. Nos. 42; and (first part only) 41; and 29, 12. pp. 29–33.]
June 9.
Craven House.
569. Warrant of the Lords Proprietors granting 5000 acres in S. Carolina to Abel Ketelbey, in consideration of £100 purchase money and a quit-rent of 10/s. per 1000 acres. Signed, Craven, Palatine, Beaufort, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 289. p. 220.]