|
| [Nov. 17.] |
855. Separate traders to Africa to Mr. Popple. Reply to
queries, Oct. 21, 1709. Discuss relations with the African Company. As to the imports of negroes into the Plantations, but
3 of the 40 ships dispatched for this yeares trade are yett arrived in the Plantations, etc. Refer to enclosure. Negroes imported into Jamaica by separate traders have been usually sold
at from £15 to £26 per head, at Virginia for about £25; but at
Barbados and the Leeward Islands very deare, by reason of the
Planters of Barbados their creditt not being reestablished since
they made their payments for negroes in paper money, nor is
the creditt at the Leeward Islands well esteemed since the takeing of Nevis. The loss of 20 odd ships belonging to the separate
traders last year, and 5 more lately hath been noe small discouragement to the progress and success of this trade to Africa
this year. etc. The continuance of the 10 p.c. to the Company
is noe small prejudice to the trade. etc. Signed, Peter Paggen
and 7 others. Endorsed, Recd. 17th, Read 29th, Nov. 1709.
3 pp. Enclosed, |
|
855. i. Account of negroes delivered at the Plantations by
the separate traders Michaelmas, 1708—July, 1709. Jamaica, 3982; Virginia, 630; Barbados, 340; Antigua,
970. Endorsed, Recd. 17th, Read 29th Nov., 1709.
1 p. [C.O. 388, 12. Nos. 61, 61.i.,ii.; and (without
enclosures) 389, 20. pp. 488–497.] |
Nov. 17.
Whitehall. |
856. Mr. Popple to Mr. Solicitor General. Encloses Act of
Jamaica, 1709, to enable the sale of certain lands, part of the
estate of George Joy decd., etc., for his opinion in point of
law, and particularly whether by the proviso "that nothing in this
Act contained shall be construed to extend to barr or make void
the right of any other person whatsoever to any of the lands
abovementioned," the right of H.M. be sufficiently saved, in regard that H.M. is not expressly named therein. [C.O. 138,
13. p. 54.] |
Nov. 18.
Barbados. |
857. Governor Crowe to the Council of Trade and Plantations. This packet honours me with none of your Lordships.
The three Councilours were immediatly sworne, and orders given
for the takeing such affidavits as they think fitt, but as yet they
have not sent me any coppys. I hear H.M. has been pleased to
order me home, wch. I shall readily obey so soon as I have
directions therein. My Lord High Admiral has sent over a Commission as Commissary to Mr. Woodbridge, which wholly takes
away that of Vice-Admiralty; the Governours of Barbados have
ever been invested with that power, so I thought it my duty to
inform your Lordp. of this innovation that it may be lay'd before
H.M. Signed, M. Crowe. Endorsed, Recd. 2nd, Read 16th Feb.
170 9/10. 1 p. Enclosed, |
|
857. i. Address of the General Assembly of Barbados to Governor Crowe, Oct. 5, 1709. Reasons against repealing
a clause in the Act appointing a Committe to settle the
publick accounts, which impowers the said Committe
to appoint a clerk and marshall. (1) It is an ancient
right and privilege, etc. (2) By Mr. Gordon's Patent
he is only appointed Provost Marshall General, which
wee can never suppose gives him a right to dispose of
all other Marshalls' places to such persons as wee have
seen lately striveing who should bid most, without regard
to their qualifications, whereby extortion and exorbitant
ffees will be exacted from the poor inhabitants to make
up the annual rent for the same. (3) Mr. Gordon's
Patent is directly contrary to the Act of 1667 authoriseing the Governour to appoint a Provost Marshall, etc.
Copy. Signed, William Grace. Endorsed, Recd. Feb.
2, 170 9/10. 1½ pp. |
|
857. ii. Governor Crowe's Speech to the Assembly of Barbados, Oct. 31, 1709. Lays following estimate before
them, and urges them to act without delay, etc. Same
endorsement. ¾ p. |
|
857. iii. Estimate of necessaries wanting for the repair of
the fortifications. Sept. 20, 1709. Signed, Jno. Pilgrim, Tho. Maxwell, Saml. Husbands, Saml. Adams,
John Bowman, Wm. Ramsay, etc. Same endorsement.
14 pp. |
|
857. iv. Copy of Governor Crowe's Order to Judge Thomas
Beckles for taking depositions in behalf of Messrs.
Sharpe, A. Walker and Beresford. Oct. 28, 1709.
Signed, M. Crowe. Same endorsement. 1 p. |
|
857. v. Deposition of Arthur Upton that he delivered above
order with a copy of Mr. Sharpe's Representation, to
Mr. Beckles, Oct. 28, 1709, etc. Same endorsement.
½ p. |
|
857. vi. Deposition of Arthur Upton that Alexander Walker
delivered to the Governor H.M. Order for the re-admitting of the three Councillors, when the packet was out
for sailing etc. Governor Crowe told Walker the order
should be immediately obeyed, etc. Same endorsement.
½ p. |
|
857. vii. Deposition of Arthur Upton. On Oct. 14, H.E.
ordered deponent to wait upon Mr. Sharp for a copy
of his representation, in order to H.E.'s giving an order
thereon for examining witnesses according to H.M.
Instructions, Mr. Sharpe said he would order the coppying of it out, but did not deliver it till Oct. 22nd,
although deponent several times called upon him for it
by H.E.'s express commands. Same endorsement. ¾ p.
[C.O. 28, 13. Nos. 21, 21.i.–vii.; and (without enclosures) 29, 13. pp. 96, 97.] |
Nov. 18.
St. James's. |
858. Order of Queen in Council. Repealing Act of Jamaica
for quieting possessions and giving directions therein to the
Governor as recommended, Nov. 9. q.v. Signed, Wm. Blathwayt.
Endorsed, Recd. Read Nov. 24, 1709. 2 pp. [C.O. 137, 8.
No. 73; and 138, 13. pp. 65, 66.] |
Nov. 18.
Litchfield, Bearhaven in Ireland. |
859. Commodore Taylor to the Council of Trade and Plantations. I herewith give the best account I can of Newfoundland,
but am asham'd it cannot be perticular to every Article of your
Instructions, which I did not recieve untill Oct. 4. Signed,
Jos. Taylor. Endorsed, Recd. 1st, Read 5th Dec., 1709. Addressed. ½ p. Enclosed, |
|
859. i. Commodore Taylor to the Earl of Sunderland. Nov.
18, 1709. This gives an account of what condition
I found St. John's, which had been taken Dec. 21, 1708,
by about 160 Frenchmen from Placentia, commanded by
Monsr. St. Ovide de Brouillion. The Castle on the
South side of the entrance of the harbour was blown
up and demolished, the cannon that were there, and
those that were in the Old Fort were carried to Placentia, where they are said to be all mounted; all the
buildings that were in the Old Fort, with the gates
and drawbridges, were burnt down, the platforms pull'd
up and spoyl'd, part of the Bank on the Southside
pull'd down, the pallisadoes cut, pull'd up and destroy'd,
and everything ther ruin'd, all the inhabitants' houses
in the town or New Fort burnt, and to save their summer
houses, stages, shallops etc., ransom'd at 100 quintals
of fish, or £70 sterl. for each shallop they should send
to sea a-fishing, the enemy to find for each shallop
20 hhds. of salt, which ransome is payd. After the
fishing season was over, I had severall meetings with
the inhabitants of St. Johns, Quidi-Vidi, and Petty
Harbour, to desire them to build their winter houses
in the Old Fort, which when I had perswaded them to
give their consent to do, I (with the men of H.M.
ship under my command, and some out of the Rye, and
the help of the fishing ships) began to rebuild it,
whilst they built their houses in it, which by Oct.
20 was completely finish'd, and in the opinion of all
that had seen it before it was destroy'd by the Enemie,
is now much more defenceable, there have (by the
nearest computation) been used about it in pallisading,
stockading etc. 10,000 sparrs, which wee cut and brought
out of the woods, the charge I have put H.M. to is
very little, and only for nails to fasten the pallisadoes,
etc., and boards for the guard-houses, a prison, centinel-boxes, and trunks to throw the bomb shells into
the ditches, etc. I have mounted 8 guns in it. etc.
Refers to enclosures, and repeats preceding. I have given
a Commission to Mr. John Collin to be Governour;
he is an inhabitant of St. John's of good repute there,
and was chosen Governour by the rest of the inhabitants, who also chose all the other officers, which are
in a list now sent, together with the Officers of the
Isle of Boys and the Island in Conception Bay, where
I have oblig'd the inhabitants of the Main to transport
themselves, their families, effects and provisions, and
to whom I supply'd all such stores as they wanted.
I have done all that was possible for me to do, and
what I thought best for H.M. service, etc. And for
the farther security of that Country, I believe it necessary to send speedily a supply of provisions to St.
Johns, which they will be in need of, and to send
proper persons to rebuild the Castle on the South side
of the entrance of that harbour, with men, cannon and
ammunition for the defence of the same, and when
H.M. shall be pleased to garrison the Fort of St.
John's, I pray that H.M. may be moved to give some
allowance to the Inhabitants for their houses in the
said Fort, which must then be pull'd down, and if the
Governour and Officers there should behave themselves
well in maintaining and defending the Fort, I humbly
pray they may be recommended to H.M. favour, as they
shall deserve. And whereas there are some persons
in and about St. Johns, who may after my comeing
away slight and contemn the Governor's authority to
the prejudice of H.M. service, I therefore pray that the
Officers who shall be appointed to command in Newfoundland the next year, may have orders to enquire
into the same, and punish the offenders, according to
the merit of the cause, and countenance and incourage
the Governour in his authority. After the enemy had
taken St. Johns, a French shipp of 26 gunns made an
attempt upon the Isle of Boys, but was repulsed from
thence without doing much damage, so made no other
attempt anywhere. The New England sloops which bring
to Newfoundland bread, flour, pork, rum, mallasses,
suger, tobacco, sheep, etc., at their going from St.
John's, when the fishing season is over, stop at severall
small harbours and coves on the coast, and there take
in artifficers and seamen, (who wait their for their
comeing) and carry them to New England. I have endeavour'd as much [as] I could to prevent it, though
impossible, unless a sloop be kept upon H.M. charge
to see them off the coast. The Governour of Placentia
sent two shallops with about 70 of H.M. subjects who
had been prisoners there, but all the seamen went out
of them to the Southard of Ferryland, and I suppose
went from thence to New England, there being no account to be had of them in Newfoundland. All the
French prisoners which have been taken and brought
into Newfoundland by H.M. shipps and privateers,
which were to the number of about 120, have been sent
to Placentia; there are now aboard H.M.S. under my
command one serjeant and 3 private centinells of the
Garrison of St. John's Fort when it was taken. I desire
to know what I must do with them. Signed, Jos.
Taylor. Endorsed, Recd. Dec. 1, 1709. Copy. 2¾ pp. |
|
859. ii. (a) Account of the stores left in the Fort of St.
Johns by Commodore Taylor, and a list of the Officers
there. 3¾ pp. |
|
859. ii. (b) List of Officers at Newfoundland. Signed and
endorsed as preceding. 1¾ pp. |
|
859. iii. Account of the Fishery in Newfoundland, 1709.
Number of ships 35; men, 985; ships' burthen, 3650;
shalops, 384; half shalops, 6; quintals of fish made,
90,364; hhds. of traine made, 2013; masters, 181; servants, 1251; women, 171; children, 280. |
|
Export; to Portugal, the Streights, West Indies and
Great Brittain; ships and sloops, 62; burthen, 6370;
quintalls of fish, 80,600 (3500 to the West Indies, the
rest to Portugall and the Streights); hhds. of traine
oil, partly from seal, 2292 to Great Brittain. |
|
There are ships enough in the land to carry away what
fish is left. The prices of fish was 24 royalls per
quintal, some have been sold for 22, and at the last
of the year for 28. Bread have been sold there for 40s.
per cwt., and all other provisions proportionable. Signed
and endorsed as preceding. 2 pp. |
|
859. iv. Account of Placentia in 1709. There are liveing upon
the Great Beach of Placentia 47 familys, the greatest
part boat-keepers, upon which beach there is no manner
of fortification; the inhabitants are well arm'd, and
commanded by one Rochford a Militia Major and inhabitant of the place; the inhabitants in case of an
allarm have their respective posts for their defence.
Upon the Little Beach are but few houses except what
are built within the Fort, and those only stores, excepting one suttling house. The Fort itself is a quadrangle, and has in it 26 gunns mounted, 16 of which
front towards the sea, 8 fronting the entrance of the
harbour, and 2 faceing the Little Beach, with pallisadoes sett double about 10ft. distance and fill'd up
with dirt, the platform raised in the inside that fronts
the sea and entrance of the Harbour of about 4 foot,
upon which the gunns are mounted, and the works not
above 5ft. high from the platforme, the other two sides
are plain and only fortify'd with a double row of
pallisadoes, between which are placed 2 cannon fronting
the mound; the magazine is in one corner of the Fort
next the little Beach built with stone. A considerable
quantity of ammunition with one chaine for to secure
the Harbour, was brought from France in the Fiddell
(?Fidèle) man of warr this year. The redoubt upon
the hill looking into the Fort is built with stone and
pallisado'd round, in which a guard of 30 men are
kept, commanded by a Lieutenant and relieved monthly;
they have now 14 gunns and 2 mortars, the gunns are
mounted over the walls upon which are placed great
stones to roll down if assaulted. There is another small
Fort building opposite to the Redoubt, which is design'd
for the muskittry to cleer the redoubt when attempted,
at the foot of the redoubt under the hill is four gunns
mounted to defend the entrance of the road etc. There
is not water to be had at the Castle, but what is
brought up by soldiers and mules and kept in cisterns,
which water is brought from a valley near the fourth
of a mile from the Redoubt. The inhabitants on the
Great Beach are oblig'd to cross an arm of the harbour
for all the water they use. The Fort has the same
trouble of bringing in their water. Little Placentia is
about two leages to the southard of Great Placentia. The
Harbour's mouth is so shallow that only vessells of 40
tuns can enter, so that no manner of commerce is there
had by shipping. The Bay is large and good rideing
for shipps, there are about 20 familys boatkeepers that
keep 24 boats and 150 men, no fortification. Upon the
seaboard side going along to Little Placentia is a small
Chappell, before which is raised works with sodds about
6ft. high in forme of a half moon, out of which are
cut 6 posts, a large flagg-staff and cross standing by it,
the which is only built for a show of a Fort, when really
it is nothing but a scarecrow. It's dangerous sailing
along that shore in the night by reason of a rock which
appears above water at low-water about a mile from
the shoare, the Rock is call'd Le Bass de la Marquise.
At Odiorn in the Bay lives but 2 familys, the Principal, who has a Pattent from the King of France for
that place, and has at his own charge built a fort of
4 gunns: keeps 10 boats and 60 men. Little Paradise,
a fishing harbour in the Bay by pattent to Mr. Lartogue,
keeps 8 boats, 50 men, no fortifications. At Cape St.
Mary's are no inhabitants, the Fishery there is only
kept by the Bask shipps, that have yearly upwards of
150 boats, the fish is there salted, and brought thence
in shalloways to Placentia where it is cured. The trade
of Placentia is much inferiour to that of the English
coast of Newfoundland; nothing but the Fishery is
there minded; here are about 50 Artificers dayly at
work cutting stone out of a large quarry, of which they
have abundance, in order to build a wall all round the
Fort, and have allready built one square, that fronts
to the harbour about 10ft. high, which is levell with the
lowest platforme of the Fort. The ships useing Placentia are generally fishing ships; each shipp commonly
kills their ladeing of fish, there are yearly from 40 to
60 sail, the greatest number of which are Bask, and
but few of them off any force. The Malwinds that use
the trade are generally shipps from 10 to 24 gunns, of
which there are 15 to 20 sail yearly. The number of
boat-keepers by the French at Placentia and places adjacent, I judge may be 360, of which belongs to the
shipping 230, there is not left in the whole country,
soldiers included, (of which there are now near 400)
not 800 men after the saileing of their shipps. The
French trade from Canada, although but very small, is
very advantagious to the inhabitants, there does not
above 6 small vessells use the trade yearly; their loading
consists of flour, bread, and pease, for which they
expect salt, wine, brandy, and other merchandize; the
prices of bread and flour are generally from 18 to 24
livres per quintall. Two shipps and a sloop was sent
in June last to load provision for the garrison, which
if miscarry will raise the price to a prodigious degree,
and most of the people must starve for want of bread.
St. Peter's Island being so often plundered and taken
by our English galleys is allmost abandon'd, few shipps
fish in that place, and none since the last year in St.
Mary's Harbour. Endorsed, Recd. Dec. 1, 1709. 2½
pp. [C.O. 194, 4. Nos. 97, 98, 98.i.a,b.–iii.; and
(without enclosures) 195, 5. p. 112.] |
| Nov 18. |
860. Address of the Governour, Council and Assembly of
the Massachusets Bay to the Queen. Boston, Nov. 18, 1709.
Address concerning Port Royal and Nova Scotia in the same terms
as tho resolution of Oct. 27, q.v. 1 p. Signed, J. Dudley,
Isa. Addington, Sec. Council, John Clark, Speaker. 1 p. [C.O.
5, 9. No. 46.] |
Nov. 18.
St. James's. |
861. Order of Queen in Council. Repealing Act of Barbados
for appointing Agents, etc. v. Nov. 9. Signed, Wm. Blathwayt.
Endorsed, Recd. Read Nov. 24, 1709. 2 pp. [C.O. 28, 12. No.
49; and 29, 12. pp. 53, 54.] |
Nov. 18.
St. James's. |
862. Order of Queen in Council. Confirming Act of Barbados, for holding a Court of Grand Sessions, etc. v. Nov. 11.
Signed and endorsed as preceding. 1½ pp. [C.O. 28, 12. No.
50; and 29, 12. pp. 55, 56.] |
Nov. 18.
Whitehall. |
863. Mr. Popple to Mr. Perry and Mr. Hyde. The Council
of Trade and Plantations desire to know what has been done
in Virginia and Maryland towards the building of ports in pursuance of the Acts of each Province, etc. [C.O. 5, 1362.
p. 436.] |
Nov. 18.
Whitehall. |
864. Mr. Popple to Sir Charles Hedges. Encloses extract
of letter from Governor Parke, June 20, complaining of the
Depty. Secretary of the Leeward Islands. [C.O. 153, 10. p.
435.] |
Nov. 19.
Antigua. |
865. Governor Parke to the Council of Trade and Plantations.
Last night a litle before midnight I recd. a letter from the
Lt. Governour of Nevis, that Saint Eustatia was taken by the
French on Monday the 14th inst. The Capt. of the Diamond
mann of warr informes me that on the 17th being under Dominico
he was chaced by two menn of warr and six sloopes that
came from Martineque to Guardalupa. I am afraid that those
vessells waytes for the returne of those that tooke Saint Eustatia
and will attacke some or all of those Islands, if they doe we
cannott assist one another, haveing but one man of warr here,
and no vessells to transport our men our fleet being just gone,
if they attacke us, we are in a very bad condition to recieve
them, but I hope I shall doe my duty. Signed, Daniel Parke.
Endorsed, Recd. 16th, Read 19th Jan. 170 9/10. Addressed. Postmark. 1 p. [C.O. 152, 9. No 6; and 153, 10. pp. 483, 484.] |
Nov. 21.
Whitehall. |
866. Mr. Popple to Mr. Jenings. Encloses duplicate of
letter to be forwarded to the President of the Councill of New
York. [C.O. 5, 1362. p. 437.] |
| Nov. 22. |
867. Mr. Solicitor General to the Council of Trade and Plantations. Reply to Nov. 17. I have no objection to the Act of
Jamaica referred to, and am of opinion that the right of H.M.
is sufficiently saved by the proviso, etc. Signed, R. Eyre.
Endorsed, Recd. Read Nov. 23, 1709. 1 p. Enclosed, |
|
867. i. Duplicate of Mr. Popple's letter, Nov. 17. [C.O.
137, 8. Nos. 70, 70.i.; and (without enclosure) 138,
13. pp. 55, 56.] |
| Nov. 23. |
868. Mr. Attorney General to the Council of Trade and
Plantations. Reply to Nov. 12. I am of opinion that the
Governor and Queen's Councel at Jamaica have done all that by
Law can be done for recovery of this ambergrease for the
Queen. For a jury have it in their power whether they will
give a general verdict or a special verdict. And the most
that the Queen's Councel can do is to desire them not to take
upon them the determination of matters wch. in point of law
are disputable, but find the facts specially, and submitt the
points of Law to the judgemt. of the Court, and this I understand was done by the Queen's Attorney General and Mr.
Brodrick, but the Jury refus'd to give a special verdict, and
found generally for the Deft. agt. the Queen. This refractoriness in the Jury is oftentimes seen in our Courts here in
England, and when it do's happen, the Queen's Councel are
forc'd to submitt, unless they can hope to get a more favourable
Jury return'd, and then indeed they move for a new tryal. But
in this Grand Court of Jamaica I understand it usually go's agt.
the Crown, where there is the least shaddow for so doing. And
therefore I much question whether granting a new tryal will
be of any avail. In all likelyhood it will only run the Queen
into greater charges and expences, for wch. reasons I cannot
advise anything further to be done than what has been already
directed and attempted. Signed, Jas. Mountague. Endorsed,
Recd. Read Nov. 23, 1709. 1¾ pp. Enclosed, |
|
868. i., ii. Duplicates of Mr. Popple's letter and enclosure,
Nov 12. [C.O. 137, 8. Nos. 71, 71.i.,ii.; and (without enclosures) 138, 13. pp. 56–58.] |
Nov. 24.
Antigua. |
869. Governor Parke to the Council of Trade and Plantations. In obedience to your Lordshipps' commands I have made
dilligent inquirey concerning the affair relateing to Robert Freeman and the petition of his brother. The petition and reasons
therein delivered to have an Act to pass for the sale of certain
parcells of land he then held in right of his wife, was in every
part true; the said land was a burthen and charge, at that
juncture of time, unto him. I further certifie that he with his
wife did sell, after the passing of the Act, some parcells of land
which were improved by the purchacers before his wife was of
age, and that the deeds of sale was not brought for aprobation
and wittnessed by the Governour, Councill and Assembly, as the
said Act directs should be, and likewise the said Robert with
his wife did live together for some years after she came to her
full age, and then he dyed without makeing any other deed to
the purchacers of the said land, some of which have been since
sued for by one Pearne, who intermarryed with the said Mary.
Freeman by his will did devise to his said wife all his plate
and houshold stuff, with the choice of 7 negroes, a rideing horse
and furniture for ever, which is of more vallue here then £500
currant money of this Island, as also the third part of what
sugars, or other commoditys, shall be made of his plantation
or plantations dureing her life, which some yeares may be worth
more than £100. Signed, Daniel Parke. Endorsed, Recd. 2nd,
Read 16th Feb. 170 9/10. 1 p. Enclosed, |
|
869. i. Petition of Robert Freeman to the Queen, that an
Act of Antigua, 1700, may be confirmed. Copy. 1½ pp.
[C.O. 152, 9. Nos. 12, 12.i.; and (without enclosure)
153, 10. pp. 481–483.] |
[Nov. 24.]
Carolina. |
870 Extracts of letters to Col. Rhett from Carolina by his
Lady, concerning the Bahama Islands, Feb. and April, 1709.
Adrean Willson, Master of Mr. Gibbins' sloop laden with provisions bound to Jamaica was taken of the Bahama Islands by
Capt. Pasquean, who was Commander of one of the French
shipps who invaded us and you tooke afterwards at Seawee Bay.
Hee has a sloop of fouer gunn and 70 men, and has taken
17 prizes this summer amoungst the Bahama Islands. Poore
Benja. Symms bound for Jamaica, and wee fere Capt. Watson
has meet the same fate, for hee has binn expected any time
this too mounths. The French and Spaniards are settled at
Exuma and cruse of all the Bahama Islands, soe that wee fere
noe vessell will be able to escape them that are bound that way
or to Jamaica; they have taken Capt. Holmes and his wife and
all his richis, tying lighted macthes beetwene there fingers, and
burnt them to the bone, to make them discover there wealth, and
they killed Mr. Perrion Trot's wife in a most barberous manner
with there crueltys, to make hir confess where Col. Elding and
his riches were. The Capt. of the French privatere which took
Capt. Williams gave him a sloop to carry him and the rest
of the priseners to Carrolina, but as hee was going by Providence, the French and Spaniards tooke them againe and stripped
them, tooke there sloop away and put them on a maruaen [—?
maroon] Island, where they lived upon ćonckes and wilkes
seavrall weekes, till Capt. Joyce by chance found them and
tooke them on board, else must have perrished. The Governor
of Bermuda haith lately sent a sloop on purpose with ann express
to our Governor to acquaint him that the French and
Spaniards desinge to attack us this summer, and wee are satisfied the Lords Proprietors will neither supply us with powder
nor nothing else for the defence of this place, tho' they have
binn addressed. Therefore our Assembly has sent a petition to
the Queene humbly requesting to take us into hir imediate care
and protection, the coppy of which I here inclose to you.
Signed, Wm. Rhett. Endorsed, Recd. Read Nov. 24, 1709.
Copy. 1½ pp. [C.O. 5, 1264. No. 85.] |
Nov. 24.
Whitehall. |
871. Council of Trade and Plantations to the Earl of Sunderland. Enclose extracts of Governor Handasyd's letter, Sept.
8, relating to privateers and ships of war. [C.O. 138, 13.
p. 64.] |
Nov. 25.
Whitehall. |
872. Council of Trade and Plantations to Governor Handasyd. Acknowledge letters of May 25, 26, June 14, July 18,
and Sept. 8. The news of the Portland's taking the French
Guinea ship and of your privateers taking the 3 prizes, was
very acceptable to us; though at the same time we were very
sorry to find your Regiment had suffered so much on board the
Portland; and should have been ready to have assisted Capt.
Gardner in what we were able, but that on discourse with him
we are informed 120 recruits have been already shipt off, and
that 30 more are to go by the next packet boat, so that according to what he tells us there will be 30 men sent more than
were wanting when you last writ to him. We have likewise
discoursed with him on the subject of the mony you have expended for private intelligence, but as you have neither sent to
him nor to us any particular account of that expence, we cannot proceed therein. So soon as you shall send to Capt. Gardner
such an account, he will lay the same before H.M., and if it
be referr'd to us, we will farther it all we can. We have considered the Acts you sent us, and shall lay our opinion thereupon
before H.M., and particularly that that relating to the estate of
Mr. Ivy decd. be confirmed. What you have done in relation to
the fortifications is very commendable, and we hope that before
this time the new line you were making is perfected. You
complain, and we beleive with reason, of the deadness of our
trade to the Spanish coast: but we wish you had been able to
have explained that matter more fully; particularly how it comes
that the Spaniard want mony now more than formerly. Is not
the reason of their not buying of us, that they are furnished
with European commodities from the French: may they not also
be supplyed with the said commodities for Curacao and St.
Thomas. What you say of 6 nimble ships of war for protection
of tho trade, would undoubtedly be of service; but we very much
question, that besides the squadron that attends your Government,
whether such a number can be spared now. We observe what
you write in relation to flags of truce, and can onely advise
you, that when any arrive all the care possible be taken that
they get as little intelligence of the state of Jamaica as may
be: fo-¨ we do not think it proper you shou'd absolutely forbid
them your Government. In relation to the ambergreece, we
enclose the opinion of Mr. Attorney General (Nov. 23). In
relation to the Members of the Councill that are Factors to the
African Company or others concerned in the negro trade, we
can onely advise you to pursue your Instructions, the Act of
Parliamt., and such directions in relation thereunto as were
sent you by the Earl of Sunderland (cf. April 21). What we
desire in relation to the value of prizes is onely the best
account you can give. We have transmitted to ye Lord Treasurer the accounts of the Revenue you sent to us. We are
in hopes to hear a good account of La Vera Crux Fleet and of
the pirates you mention, from the vigilance of your privateers.
As to what you write us in relation to the lands claimed by
Mr. Jones, we think it just and reasonable that he and others
having lands in Jamaica should pay their quit-rents according
to the Laws and Constitutions of that Island. We have no account of any intended expedition of the French against your
Government. However in case such a thing should happen, we
have no doubt of your care and zeal in the defence of the
Island. We have received your letter of July 18 last, but not the
duplicate thereof mentioned to be inclosed in yours of Sept. 8.
You say, Sept. 8, that "ye great disputes betwen the Collectors
of H.M. outward customs and the Captains of the privateers, as
also the private sailors will be a disadvantage." We wish you
had explained this; for we do not understand what the disputes
are you mention, nor how they arise, you will do well therefore
to give us more particular information if you expect that we
should do anything in it. We have received the list of escheats
you sent us, and are of opinion that you forbear granting the
same, till you hear further from us thereupon. The reason is,
that there is a proposal before H.M. for settling 1000 Palatines
at Jamaica, the substance of the proposal is contained in the
inclosed paper, and therefore till H.M. pleasure be known, we
think it will be prudent to forbear regranting the said escheats.
Enclose Order in Council repealing Act for quieting possessions
etc. with reasons etc. (Nov. 18). [C.O. 138, 13. pp. 67–73.] |
Nov. 25.
Antigua. |
873. Governor Parke to the Council of Trade and Plantations. This is the minutes of the Councill to this day. Your
Lordshipps will observe that at the last meeting I had the Assembly before the Councill, and before they were summoned
I asked the opinion of the Councill what was to be done in
case they refused to give me assurance, when I called them
before me, to allow the Queen the negative voice; their opinion
was to adjourne them, which accordingly I did. Now I begg
leave to informe your Lordshipps that when they sent me word
they would allow the Queen the negative voice, we had an account
the French had taken Eustatia, but that morneing they mett
(which was in two days after) we had an account they were
only some privateers, that had taken Eustatia, and they were
gone to Leeward, soe the danger was over; as to the answer
they gave me, they would answer me in the house, this was
bantering me, for they met together before I sent for them
some time, and came to me in a body with the Speaker at the
head of them; I told them I never would receive any message
from them signed by a Clerke that was not sworne truly to
enter what passed, for I have found the effect of not haveing a
sworne Clerke upon severall occasions, and that Nivine in England in his and the seaven merchants' last petition to the Queen
had the impudence to averr that the Assembly unanimously came
to a resolution May 29, 1708, to lay before the Queen, etc., and
that it was soe entred in their bookes, which if soe is false, for
that severall of the Members doe avver they never came to such
a resolution, so that haveing no sworne Clerk, and the Speaker
keeping the Assembly bookes, he might enter what he pleased;
and that I was refused coppys of their Journalls to send home
as I am oblieged by my Instructions, and that the man that
acted for them last as Clerke, declared on oath that he was
forbidd to give me coppys, and the Speaker tooke the books from
him. When I have Justice done me at home, they will doe
their duty here, and not before, for every packett they recieve
letters that I either am suspended or will be by the next packett.
I designe to call a Generall Councill and Assembly of all the
Islands, and they can make Laws for the whole Goverment; this
is the only Island that pretends to this ridiculous priviledge, of
the negative voice or signeing last, which is the same thing, for
it is giveing the last sanction, and to act without a sworne
Clerke. Signed, Daniel Parke. Endorsed, Recd. 2nd, Read
16th Feb. 170 9/10. 2 pp. [C.O. 152, 9. No. 10; and 153, 10.
pp. 476–478.] |
Nov. 25.
Antigua. |
874. Governor Parke to Mr. Popple. Acknowledges letter
of Sept. 14. I was mightily surprized when I heard my tryall
was to come on before the Queen and Councill, of Sept. 5,
without haveing the affidavitts sent me by the Lords; one of the
affidavitts came to my hands, the which I can prove to be
false, and the deponent perjured, but by such affidavitts all false
articles must be supported. etc. Repeats part of preceding.
Signed and endorsed as preceding. Addressed. Sealed. Postmark. 1 p. [C.O. 152, 9. Nos. 11 and 25; and 153, 10. pp.
479, 480; and 153, 11. pp. 38, 39.] |
Nov 25.
Antigua. |
875. Governor Parke to the Earl of Sunderland. I am
heartily sorry for all the trouble your Lordshipp and the Councill has been put too on my account, etc. I hope the inveteracy
of the stile the spirit of malice that appears in the whole charge
will pass as evidence for me; but men who will not stick at
assassinations will scarce make any scruples at perjurys, etc.
But I need not feare Justice from them who administer it,
etc., etc. Signed, Daniel Parke. 3 pp. [C.O. 152, 42. No. 12.] |
Nov. 26.
London. |
876. Majority of the London Proprietors of New Jersey
to the Council of Trade and Plantations. Pray that Daniel
Cox, Roger Mompesson, Richd. Townly, Peter Sonmans, Wm.
Pinhorn, and Wm. Sandford be left out of the Council, as disturbers of the People. Mr. Sonmans is charged with oppression
and maleadministration, and both he and Mr. Cox with having
grossly abused the interest they had with Lord Cornbury to the
prejudice of the rights of the Proprietors, etc. Set out, N.J.
Archives, 1st ser. iii. 497. q.v. Endorsed, Recd. Read Nov. 30,
1709. 1 large p. Torn. Enclosed, |
|
876. i. Petition of Freeholders of Middlesex to the Representatives of New Jersey against Mr. Sonmans. 41
Signatures. [C.O. 5, 970. Nos. 90, 90.i.; and (without enclosure) 5, 995. pp. 31–33.] |
Nov. 28.
Queen Street, Westminster. |
877. Commissioners for stating the Arrear due from King
William, to Mr. Popple. We find in your demand of the arrears
due to the Council of Trade and Plantations, a demand for the
Earl of Stamford as one of those Commissioners on his salary of
£1000 per annum from Michaelmas 1700 to March 8, 1701. We
do not find his Lordship in the Exchequer Account among the
other Commissioners, and therefore desire to know whether his
Lordship was on the establishmt. with salary, or whether his
Lordship might not be cleared that arrear. And observing that
in the Exchequer account, John Lock Esq. is inserted as a Commissioner of Trade, and made to be in arrear from Midsummer,
1700 to March 8, 1701, with a Memorandum "if not dead or
superseded," there being no demand made for him in your list,
we desire to know the reason, and whether he was succeeded by
the Earl of Stamford, any other, and the time when. Signed,
Grery. King, Wm. Vanbrugh, Edmd. Williamson. Endorsed,
Recd. Nov 28, 1709. 1 p. [C.O. 388, 76. No. 91; and 389,
36. pp. 449, 450.] |
Nov. 29.
Whitehall. |
878. Council of Trade and Plantations to Governor Parke.
Acknowledge letters of 4, 16, 23, 24 May, 20, 26 and 27th
June. As to the Assembly of Antego, we can only advise you to
pursue the Instructions you have from H.M., which will be a
sufficient justification to you. If there be any irregularity committed in the clothing or paying of the soldiers, which is a
matter not properly in our Province, you ought to lay the same
before the Secretary of War, in as particular a manner as you
are able, that the necessary directions may be given for the
relief and ease of the said soldiers. We are glad H.M. provision ships were arrived and we hope they have been a seasonable relief to St. Christophers and Nevis. The Acts we have
received from you will be considered; the other papers you have
sent us, which in any ways related to your justification, have been
communicated to Mr. Perry etc. You will do well to use your
utmost endeavours to convince the Assembly of the necessity of
passing of good laws for setling of Courts, which is so much
their own interest, for that without such laws, whereby persons
may easily come to their right, the credit of the Islands under
your Government will very much suffer. You have again fallen
into the same error as that we complained of, Nov. 25, by admitting Mr. John Norwood into the Councill of Nevis, when it
appears by our books notwithstanding the absence of Col. Smith,
that there was 10 Counsellors besides the Lt. Governor upon the
Island, and besides the said Norwood is not upon the list of
those recommended by you. This is the more irregular in that
we had already admonished you of it, and therefore we do not
think fit to recommend him to H.M. till we are better sattisfyed in this matter; however we shall not offer any to be of
your Councills who have signed the articles against you. We
have acquainted Sir Charles Hedges with what you writ in relation to the Deputy Secretary, and Sir Charles has thereupon
assured us to write to the said Deputy that he behave himself
better for the future or that he shall be obliged to remove him,
and you will do well to admonish all the other officers that unless
they furnish you with copies of such papers as are necessary to
be transmitted to us from their respective offices, we shall complain to H.M. of their neglect. We hear as yet of no complaint
against the Lieut. Governour of Antigua, if any such do come
to us, we shall not fail of doing him justice, and that he will
not be censured without being heard, wherewith we desire you
to acquaint him. [C.O. 153, 10. pp. 436–439.] |
Nov. 29.
Whitehall. |
879. Council of Trade and Plantations to the Queen. Report upon Acts of New York, 1708, 1709. Act for regulating
fees. In Sept. 1693 a table of fees was prepared by the then
Assembly, and sent to the Governor and Council, with their
desire that the Governor would establish the same as the standing fees of the officers in that Government, which was accordingly
done; and no complaint that we have heard of has hitherto
been made against the same. The present Act reduces most of
those fees so low that it is alledged 'tis very difficult, if possible, for the officers to live upon the profits of their places; and
in many cases it allows no fees for several particular services
necessary to be done. It lays a penalty of £50 upon any person
who shall demand or receive other fees or sums of mony than
are therein mentioned, and disables all practicers of the Law
that shall do so from ever practising any more in that Province,
tho' the Act itself is but for 3 years. It lays yet a greater
hardship upon the said practisers at Law; for it enacts that
none of them shall receive under the said penalty above 6s.
retaining fees, New York money, and obliges them under the
said penalty of £50 to accept the said retaining fee, if not
already retained by the adverse party, tho' against a friend or
nearest relation, and tho' the cause in their opinion be never
so unjust. There are several other objections to this Act; but
as we think these are sufficient to trouble your Majesty with at
present, we humbly offer that your Majesty be pleased to signify
your disallowance and disapprobation of the said Act, in which
case the Table of Fees established in 1693 will be in force again.
(2) An Act to releive this Colony from divers irregularities and
extortions. By a clause in this Act, all the officers are prohibited
from taking any fees but what shall be settled by consent of the
people convened in General Assembly, and some positive law
so enacted, etc. Whilst this Act is in force, no fees can be
taken but such as are settled by Act of Assembly, so that if
your Majesty shall think fit to repeal the foregoing Act for
establishing fees, unless this be likewise repealed, no fees can
be received by the Officers there, those of 1693 not having been
established by a law, and therefore we humbly offer that it be
repealed. In case your Majesty repeal the said two Acts, we
further offer that your Governor now going over have an Instruction to reconsider the said table of fees of 1693, and with
the advice and assistance of the Council, if need be, to prepare
such another as may make a reasonable provision for the said
officers, and be most agreable to the circumstances of that Province. (3) An Act to enable the Mayor, Aldermen and Commonalty of the City of New York to raise £600 in two years for
the uses therein mentioned. (Oct. 1708). By your Majesty's Instructions the Governor is required not to pass any Act for
levying of money without express mention be made in the Act
that the said mony is granted or reserved to your Majesty for
the publick uses of the said Province; and whereas the said Act
grants tho £600 thereby to be levied to the Mayor, Aldermen and
Commonalty for the use of the City of New York, contrary to
this rule, we humbly offer that it be disallowed. (4) An Act
for levying of £6000 (May 1709). The preamble sets forth that
it is for defraying the charge of the intended expedition against
Canada; it is therefore temporary and has had it's effect. But
as there is a clause in it that directs that the mony thereby to
be raised shall be paid to and issued by the Treasurer according
to the value of money in the Act (1708) for regulating current
coin which was repealed (March 3, 1708/9), we humbly offer that
this Act be likewise repealed. (5) An Act for the currency of
bills of credit for £5000 (1709). This is to give currency to
bills for part of the £6000 in the foregoing Act, and therefore it
will be proper that this likewise be repealed. Besides, this Law is
compulsory, and enacts that the tender of the said bills for the
payment of any debts whatsoever shall be as good and effectual
in law as if the current coin of that Colony had been offerred;
which is an intolerable hardship upon creditors who have already
lent their mony or sold their goods under convenants or obligations of being repaid in the current mony of that Province. It
is yet a greater hardship upon those who have lent their mony
upon mortgages, that they should be obliged to give up that security for those bills. It is further enacted that the said bills
shall be issued pursuant to the currency of mony in the last
abovementioned Act; for which reasons we humbly offer that your
Majesty be pleased to repeal this Act. (6) Act for levying
£4000 (1709). This is for paying 487 men to be raised for the
intended expedition to Canada, and is lyable to the same objections as the aforesaid Act (4). |
|
There are other of the said Laws that are temporary and some
of them already expired, and therefore do not require anything
farther to be done thereupon. Recommend for confirmation 9
other Acts of 1708. [C.O. 5, 1121. pp. 455–463.] |
Nov. 29.
Whitehall. |
880. Council of Trade and Plantations to the Queen. Report upon Act of Maryland, 1708, ascertaining what damages
shall be allowed upon protested bills of exchange, whereby 10 p.c.
only is allowed to be recovered for costs, damages and interest
upon all protested bills, whereas the other Plantations in
America do allow some 20 p.c. (as did this Province before this
Act), and others not less then 15 on all such protested bills.
By this Law the persons who take bills of exchange will not
get common interest for their money, in case the bills be protested, for it often happens that it is 18 months or two years
from the time of drawing such bills before they can be returned,
and the payment demanded, which is often not to be obtained
by reason of the death of the drawer or indorser; and at the
best the loss by disappointments is very considerable in trade.
These are hardships which the merchants here complain of
besides that there is an omission in the Act relating to the
time within which such protested bills are to be returned into
that Province, whereby the said Act is defective in a very material
part. Therefore we humbly offer that your Majesty be pleased
to signify your disallowance of the said Law. [C.O. 5, 727.
pp. 141, 142.] |
Nov. 29.
Whitehall. |
881. The Earl of Sunderland to the Council of Trade and
Plantations. Col. Hunter will attend you with some proposals
relating to the Palatines, on which you are to report with all
possible expedition, etc. Signed, Sunderland. Endorsed, Recd.
Read Nov. 30, 1709. ¾ p. [C.O. 5, 1049. No. 137; and 5,
1121. p. 464.] |
Nov. 30.
London. |
882. Col. Hunter to the Council of Trade and Plantations.
Proposals relating to the settlement of 3000 Palatines in New
York. Kenebec River in the northern part of New England is
beyond all dispute the most proper place for that purpose, etc.
Set out, N.Y. Col. Docs. V. p. 112. q.v. Signed, Ro. Hunter.
Endorsed, Recd. Read Nov. 30, 1709. 2½ pp. [C.O. 5, 1049.
No. 138; and 5, 1121. pp. 465–469.] |
Nov. 30.
Whitehall. |
883. Council of Trade and Plantations to the Queen. Representation upon an Act of Virginia for establishing ports and
towns. Recapitulate the occasion of it. See C.S.P. March
170 4/5 ff. In pursuance of Instructions sent to Governor Nott,
this Act was passed in Virginia 1706, which extends much further
than was intended by your Majesty's foresaid Instructions, for
it is thereby enacted that each place therein mentioned for
ports be established into a township or free burgh; that they
have a market at least twice a week and a fair once a year;
that the same shall have a merchant guild and community,
with all customs and liberties belonging to a free burgh, etc.
that all the inhabitants of the said ports shall be acquitted
of ¾ths of the duties that all other persons shall be obliged to
unless otherwise directed by the Acts imposing them; that
they shall be acquit for 15 years from Dec. 20, 1708
from all levies to be raised by poll in tobacco, except parish
levies where there are Churches or where Churches shall be
built; that no dead provision either of flesh or fish shall be
sold within 5 miles of any of the said ports or towns', but
within the limits of the said town, upon pain of forfeiture of
the said provisions by the purchaser, and of the purchase mony
by the vendor. |
|
We shall forbear to trouble your Majesty with any further
particulars, the whole Act being designed to incourage, by great
priviledges, the settling in townships, and such settlement will
incourage their going on with the woollen and other manufactures there, we having for some years past received repeated
advices from thence, that by reason of the low price of tobacco,
they had fallen upon the making those manufactures, tho' we
have from time to time writ to your Majesty's Cheif Governor
of that Colony, to discourage and prevent their doing thereof
as much as possibly he could. Wherefore should this Act be
confirmed, the establishment of towns and incorporating of the
planters as intended thereby, will put them upon further improvements of the said manufactures, and take them off from
the planting of tobacco, which would be of very ill consequence,
not only in respect to the exports of our woollen and other
goods, and consequently to the dependance this Colony ought
to have on this Kingdom, but likewise in respect to the importation of tobacco hither for the home and foreign consumption; besides a further prejudice in relation to our shipping and navigation. Upon the whole matter, having had the
opinion of the Commissioners of your Majesty's Customs, who
concur with us in these particulars; and in regard (as we have
been informed) that nothing has yet been done in Virginia
towards tho settlement of such ports; we humbly offer that your
Majesty be pleased to signify your disallowance and disapprobation of the said Act. In pursuance of your Majesty's Instruction to the Governor of Maryland, 3 Acts have been passed
there for advancement of trade and erecting ports and towns,
1706–1708, against which there are the like objections as to
the forementioned Virginia Law, and therefore in consideration
(as we have been informed) that there has been hitherto very
little done in pursuance of the said Acts, we humbly offer, in
case your Majesty shall think fit to repeal the Virginia Act,
that these Acts be repealed also. [C.O. 5, 1362. pp. 438–442.] |
Nov. 30.
Whitehall. |
884. Mr. Popple to the Commissioners for stating the arrear
due from King William. Reply to Nov. 28. The Earl of Stamford informs me that, H.M. was pleased to direct that the
arrears due to his Lordship from King William for his place of
Commissioner of Trade and Plantations, should be paid him,
and that he has received the same. As to Mr. Lock, he laid
down his place June 27, 1700, and was paid to the 24th. Mr.
Prior succeeded Mr. Lock, and his Privy Seal, Nov. 30, 1700,
directs that his salary shall commence from Midsummer, 1700.
[C.O 389, 36. pp. 450, 451.] |
