America and West Indies
March 1709, 16-31

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Institute of Historical Research

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Cecil Headlam (editor)

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1922

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254-269

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'America and West Indies: March 1709, 16-31', Calendar of State Papers Colonial, America and West Indies, Volume 24: 1708-1709 (1922), pp. 254-269. URL: http://british-history.ac.uk/report.aspx?compid=73797 Date accessed: 24 July 2014.


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March 1709, 16-31

March 16.
Whitehall.
418. Wm. Popple to Charles Davenant. The Council of Trade and Plantations desire an account of Naval Stores imported Christmas 1706–1708. [C.O. 389, 20. pp. 340, 341.]
March 17.419. Form of Deputation by Henry Duke of Beaufort, appointing Fortescue Turbervill Deputy to represent him in the General Assembly and Council of South Carolina. Signed, Beaufort. [C.O. 5, 289. p. 205.]
March 17.420. Lord High Admiral's Warrant for John Turbill to be Judge of the Vice-Admiralty, Carolina. Signed, Pembroke. [C.O. 5, 289. p. 156.]
March 21.
Virginia.
421. Col. Jenings to the Council of Trade and Plantations. The intelligence I have receiv'd of the preparations made by the French privateers in the West Indies to attack this H.M. Colony and Dominion, oblige me to give your Lordps. this trouble both to lay before your Lordps. the grounds of our fears, and the means taken for preventing the danger, as far as the weakness of the country will admitt. There is lately arrived here from the West Indies a person of good credit, who was last Fall at the Island of St. Thomas, and there (as in a neutral port) had conference with several French privateers, who cruised last summer on the northern coast of America: they told him they would certainly attack Virginia this spring, and said they doubted not but to find good booty in negros, plate and other goods, they used great endeavors to engage him to be their pilote into James River, York and Rappahannock, for wch. Service they offerred him £100 sterl. in hand, besides a full share of what plunder they should gain, but he very honestly refused their proposals. This design of the privateers is also confirmed by other persons taken prisoners by them, who heard the Captain's discourse of the expectations they had of great booty in this country, and how easy it might be had, and we have also certain advice that one Hendrix, formerly an inhabitant of this country and Mr. of a ship, is now Commander of a Martinico privateer, and engaged with several other renegados in the same design, and 'tis probable that from them the French privateers have had their accounts of the men of best estates in the country, of which they have spoken to the prisoners with such assurance. It was very reasonable to conclude from the success of the privateers the two past summers that they would endeavour to keep the same post thereafter, and that they who had ventureed up to the mouths of our Rivers in sight of H.M. ships of war last summer, would use greater boldness when the men of war were gone. Upon this consideration it was that I represented to your Lordships the importance of having guardships here early in the Spring, to check the designs of those privateers, the want of wch. I'm afraid will prove of bad consequence to H.M. service and the trade of this country. The aforementioned advices, as they carry a great deal of probability, have occasioned a more general consternation among the inhabitants of the country, especially the maritime countys than ever I have ever known; and it is certain that every man who reflects upon the openness of our rivers, the many convenient landings in the bay and rivers, wch. can neither be fortifyed nor otherwise defended by the power of the inhabitants, that it is easy for a privateer to land at any of those places in the night, and surprize people in their beds and before any number of men can be drawn together, return to their vessells, must conclude that there can be no safety against such attempts but by a naval force, and when that is wanting, cannot but have very just apprehensions of danger from an enemy, whose attacks will be sudden, and are the better prepared by being conducted by men so well acquainted with all our rivers and inletts. In order to allay the fears of the people, and provide as far as possible for the defence of the country, I have by advice of the Council ordered the Militia to be in readiness, and caused the arms and ammunition sent hither by H.M. to be distributed among them. Look-outs are appointed for discovering the enemy's approach and great guns planted in convenient places along the Bay to alarm the country on their appearance. But because the privateers (who are generally small vessells) having such pilots as we understand they have, may, notwithstanding these precautions, come in either by night or day, and stand directly up into our rivers without being suspected by our look-outs, we thought it absolutely necessary to fitt out a vessell to cruise between the Capes and speak with all vessells inward bound, and have accordingly hyred and fitted out a briganteen of 10 guns and 80 men for that service, which being a very good sailor will be able to fight anyone of the small privateers, and in case of a superior force, will alarm the country before the enemy can land. It was with much unwillingness that the Council took a resolution so chargeable to the Queen's Revenue (out of which it must be at present defrayed) if such a preparation could have been at all avoided with safety or satisfaction to the country: and yet if it brings no other advantage than the quieting the apprehensions of danger, wch. the people had so universally conceived, and prevailing on them to apply themselves to prosecute their labour, and make the necessary preparations for their cropps, wch. they would not otherwise have done, I am perswaded the charge will be amply recompenced: and I hope your Lordships will believe that we have endeavored to do this with as little charge as possible, tho in a country so unprovided of all things necessary as this is, and even of men fitt for such a service, it has proved a matter of extraordinary difficulty. As the country in general are pleased with this preparation, I hope the next Assembly will reimburse the charge, to wch. I beg yr. Lordps. to be assured I shall use my best endeavors to dispose them, and I doubt not the rest of the Council will do the same, this vessel is hyred for 10 weeks, before wch. time I hope we shal have a man of war to defend us more effectually. It is a great misfortune to this Country to be left without those guards wch. alone can protect the trade and defend the coast; and if what we have now so great reason to expect from the privateers should happen to us, it will be found that our loss, tho it may be first felt, will be but inconsiderable in comparison of what the Trade and H.M. Customs must unavoidably suffer. The privateers may land and kill some of the inhabitants, burn their plantations, destroy their stocks, and perhaps carry off their negros, wch. will be severe losses to particular persons; but if it be considered that not only on such an invasion, but upon every alarm whether real or not, the people must be drawn off from their labour, to defend the coast, and the slaves conveyed into a place of safety till the danger is over, to prevent their being taken or runing to the enemy, it must be granted that the cropps wch. should be produced by their labour will be exceedingly lessened, if not intirely ruined, and thereby the shipping disappointed of freight, the merchant of the returns of his commoditys, and H.M. of her customs, wch. might otherwise have been expected. It is very reasonable to believe we shal be much more infested with the French privateers than formerly, for since the interruption they have found in the Channell by the prudent disposition of the cruisers obliges them to come in greater numbers to America, so the posture of defence H.M. Islands in the West Indies are put into, and the men of war that attend there will force them to adventure into places where they expect less opposition tho they cannot hope for so considerable a profite, and there's no doubt this will be thought a country very fitt for their purpose from the experience they have already had, how ill our coasts have been guarded. As it is the peculiar happiness of the plantations that H.M. hath placed them under the immediate care of your Lordps., whose great experience in their particular circumstances enable you to judge what assistances and encouragements they want, as well for their defence, as to render them more beneficial to the Crown and trade of Great Britain, so it is (at the desire of H.M. Council) that I am more particularly to apply to your Lordships, that by your Lordships' prudent counsels, and interposition we may have such guardships appointed and continued here (wch. we are humbly of opinion cannot be less than one fourth-rate man of war and a tender of 8 or 10 guns) as may effectually protect the trade and defend the coast, and prevent those many inconveniencys to H.M. interest and service and the trade in general, which will unavoidably happen, if our safety and protection be not intended with the same vigilance as H.M. enemys use for our destruction. Refers to letters and enclosures Nov. 27, 1708. q.v. Acknowledges letters by way of New York. Persuant to your Lordships' instructions, [I] have caused the Acts for ascertaining the coin, and for encouraging the trade to America to be published; and shal take care that H.M. Instruction concerning the late Acts of Trade (July 3) be duly observed, and have by this conveyance sent to the Board of Ordnance an account of all the stores of war within this Colony etc. Signed, E. Jenings. Endorsed, Recd. 3rd, Read 29th June, 1709. 3½ large pp. [C.O. 5, 1316. No. 18; and 5, 1362. pp. 384–391.]
March 23.
Boston.
422. Lt. Governor Usher to the Council of Trade and Plantations. Repeats his complaints against Mr. Vaughan and Governor Dudley etc. [See C.S.P. 1706–1708.] Signed, John Usher. Endorsed, Recd. May 13, Read Dec. 12, 1709. Addressed. Sealed. Holograph. 1 p. [C.O. 5, 865. No. 33.]
March 24.
Whitehall.
423. Council of Trade and Plantations to the Queen. Representation upon the petition of George Gordon, Provost Marshal of Barbados. See Jan. 25 and June 9, 1709. [C.O. 29, 11. pp. 428–434.]
March 24.
Craven House.
424. Instructions for Col. Edward Tynte, Governor of North and South Carolina. He is to observe and inforce the Acts of Trade and Navigation; assist H.M. Collectors; see that in any action concerning H.M. duties or forfeitures, only nativeborn subjects of this Kingdom, Ireland or the Plantations be of the Jury: give notice to H.M. or the Lord High Treasurer, if any person dispose of any patent rights in lands in America to other than H.M. natural-born subjects of Great Britain or Ireland, without H.M. Order in Council first obtained; take care that all places of trust in the Courts of Law, or in what relates to the Treasury of Carolina be in the hands of H.M. native-born subjects of Great Britain, Ireland or the Plantations; correspond with H.M. Commissioners of Customs; grant their officers liberty of appeal etc. and moderate the Court fees on their behalf.
Additional Instructions: (1) You are constantly to transmit to us all Laws passed there as soon as possible for our approbation. (2) You are by and with the advice and consent of any 4 or more of our Deputies to adjourn, prorogue and dissolve the General Assembly, as often as you shall think requisite so to do. And that there may be no delay in the execution of Justice by the death or removall of any of our officers imploy'd in our Courts untill we can be advised thereof the first opportunity, you are to appoint others, and make choice of persons of known loyalty, experience, diligence, and fidelity, until you shall have our approbation of them, or nomination of others from hence. (3) You are particularly to enquire into ye affairs of Rebecca Cox, widdow, and see that she has justice done her, according to the merits of her cause. (4) You are with the assistance of Nathaniel Sale, our Receiver General, to inspect the accounts of — Ashley, our late Receiver General, etc., and transmit the balance due to us. (5) Whereas Landgrave Abel Ketelbey hath purchased 5000 acres of land of us, and paid to us £100 as ye purchase mony for the same, you are to order Col. Broughton, our Surveyor General to set out the same for him, for which you are to pass grants, reserving the quitrent of 10/- per 1000 acres to us. (6) In case of your death or absence, and should there be no person on the place com missioned by the Palatine or the Lords Proprietors, our Deputies shall choose one of their number to be Governor until another shall be appointed by the Proprietors. (7) You are to take great care that the Indians be not abused, and justice be duly administred to them in our Courts, and that you endeavour your utmost to create a firm friendship with them, and to bring them over to your part for your better protection against the enemy, the neighbouring French and Spaniards, against whom you are to protect our Province, and we assure you of our utmost assistance for your security. (8) You are to transmit to us, as soon as you can conveniently get it handsomely transcribed. a full and exact account of our yearly rents, etc. (9) You are to take care that Mr. Wigginton, our Secretary, enters into a bond of £1000 conditioned that he shall safely keep the records and papers which shall be in his custody as Secretary, and deliver them safe and entire when demanded by their Lordships etc. (10) You are to inform yourself of what Acts are fit and proper to be passed for the benefit of trade, and the good and prosperity of the Province, for which you shall have all manner of encouragement from us. (11) You shall represent to us the state of the whale-fishing, and what further encouragement is proper and fitting for us to give to encrease the same. (12) You are to take particular care that no land whatsoever exceeding the number of 640 acres shall be sold to any person or persons whatsoever without a special warrant under the hand and seals of the Lord Palatine and four of us the Lords Proprietors be first produced to justify such sale. (13) You are to take care that it be made publick that all land which shall for the future be sold in South Carolina, the purchase mony thereof shall be according to the value of English sterling, and the quit-rents reserved for the said land shall be of the like value, and made payable at Charles Town, with such covenants as you our Governor and 4 more of the Council shall think fit. And for all lands sold in North Carolina, the purchase mony, and ye quit rents for the same, are to be of like value, and made payable at Chewan or at Bath Town. Signed, Craven, Palatine, Beaufort, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 289. pp. 162–184.]
March 24.425. Patent from the Lords Proprietors of Carolina to Abel Ketelbey, for 1000 acres of land, referred to in preceding. Same signatures. Latin. [C.O. 5, 289. pp. 191, 192.]
March 24.
Craven House.
426. Warrant of the Lords Proprietors of Carolina to the Receiver General to pay Governor Tynte "270 pounds in peices of eight weighing 17dwt. 10 gr. at 6 shillings the peice." Signed, Craven, Palatine, Beaufort, M. Ashley, J. Colleton, J. Danson. By their Lordships' command, R. Skelton. [C.O. 5, 289. p. 187.]
March 24.
Whitehall.
427. W. Popple to Dr. Davenant. Repeats request for account of Naval Stores, by next week. See March 16. [C.O. 389, 20. p. 345.]
March 27.
Boston.
428. Mr. Bridger to the Council of Trade and Plantations. Acknowledges letters of July 7 and Dec. 29. The Act your Lordships ofer for the preservation of H.M. woods has no relation thereto, that Act prespects only pitch-pine, the mast tree is another speice, tho' both pine, etc. Altho' I proved by 3 wittnesses the cutting 6 large mast trees by Mr. Plaisted, yet was cast, the jury being all as guilty as he was, and therefore I was cast, and forever shall be, till an Act be passed in Great Britain for the preserving H.M. woods in the Plantations. Mr. Plaisted has this winter cut many masts above his contract. Prays for orders. Proposes to seize all masts of reserved dimensions, and that the proof lie upon the cutters, that they were cut on private lands. The frontiers extends somewhat more than 50 miles where the masts grow, and there is 70 odd sawmills, and I have no assistance, etc. As to the wast made in H.M. woods I am still endeavouring to prevent, but not to effect. Repeats application for deputies and grant for expenses etc. The marchants here told me the premiums were not paid and that was the reason of the decrease of Naval Stores, and as soon as I recd. your Lordshipps' leter, acquainted them therewith, who answred twas of late, if soe. But be the cause what it will, the effect is very plaine, for this year in the whole fleet there is no more than 120 barrl. tar, 1890 barrll. pitch, 124 rozin, 1333 barrl. tirpentine. I can see the woolen manufacture here is increased very much and growing daily. But am in hopes that in peace the people will be more inclinable to the making pitch, tar, etc., for now there is a great number of soldiers employ [ed] by the Government, besides the frontiers that now are exposed to the ravages of the Indians will be than in safty, those parts producing good land, and most proper. I have made some progress in the raising hemp, and hope shall in a few years be able to give your Lordps. a good acct. thereof, etc. Denies his conniving at the cutting of mast-trees etc. Signed, J. Bridger. Endorsed, Recd. May 23, Read Dec. 9, 1709. 6¼ pp. [C.O. 5, 865. No. 28.]
March 28.
Whitehall.
429. Council of Trade and Plantations to Governor Lord Lovelace. Tho' the premium allowed by the Act of Parliament to importers of Naval Stores from the Plantations be a considerable incouragement to the importers, as likewise to the inhabitants, in the several Plantations, to apply themselves to the production of the said Stores there, yet that there may be nothing wanting whereby so good a work may be further incouraged and promoted, we desire your Lordp. will consult with the persons chiefly concerned and most knowing in these matters in the Provinces of New York and New Jersey, and then lett us know what you may have to propose upon this subject, particularly with regard to the making of pitch and tarr, and to the furnishing H.M. Navy and this Kingdom with masts. We further desire your Lordship to consider of a proper method for preserving the masts and timber in the woods, that are fit for the use of H.M. Royal Navy. Enclose Order in Council repealing the Act for preventing the corruption of currant coin (March 3), which you are to cause to be published and entred in the Council Books as usual, and a paper containing some of the reasons, etc. [C.O. 5, 1121. pp. 363, 364.]
March 28.
Whitehall.
430. Same to Governor Dudley. Similar Instruction to above, relating to Naval Stores. [C.O. 5, 913. pp. 59, 60.]
March 29.
Whitehall.
431. Mr. Popple to Col. Jenings. Encloses letters to be forwarded to Col. Dudley and Col. Seymour. [C.O. 5, 1362. p. 361.]
March 29.
Whitehall.
432. Same to Mr. Corbin. Encloses dispatch to Col. Jenings to be forwarded by one of the men of war designed for Virginia, etc. [C.O. 5, 1362. pp. 361, 362.]
March 30.
Whitehall.
433. Council of Trade and Plantations to the Earl of Sunderland. The little white house adjoyning to our office (in which Sir John Stanley did live) was after the fire at Whitehall granted by his late Majesty King William for the use of this Office, and workmen were employed in fitting it up for that purpose. But the Earl of Albemarle having desired it of his said Majesty for Mr. Vanderesse, Paymaster of the Dutch troops, the said Vanderesse was put into possession thereof, and by that means it was lost to the Office. Our Secretary has served in this Office near upon 12 years, during 10 of the said years he never received on account of his salary more than four score pounds per annum clear; nor has he had during that time or since any fees or perquisites whatsoever. In consideration therefore of his service, which has been approved and accordingly certifyed by the former Commissioners, under different Commissions; and in regard the said house by being contiguous to the Office will be a considerable advantage in relation to the dispatch of our business, and a security to our books and papers in case of fire, we desire your Lopp. will please so to represent this matter to H.M. that she may be graciously pleased to order the said house for him and for the Secretary of this Commission for the time being. Annexed,
433. i. Certificates by former Commissions in favour of an increase of salary for Wm. Popple, jr. April 4, 1698, April 18, 1700. [C.O. 389, 36. pp. 390–393.]
March 31.
St. James's
434. Order of Queen in Council. Boundary Commissioners to be appointed on the part of Virginia, as proposed March 14. Signed, John Povey. Endorsed, Recd. Read May 2, 1709. 1¾ pp. [C.O. 5, 1316. No. 14; and 5, 1362. pp. 363, 364.]
March 31.
St. James's.
435. Order of Queen in Council. Expenses of Virginian Boundary Commission to be paid out of H.M. Revenue. Signed and endorsed as preceding. 1¼ pp. [C.O. 5, 1316. No. 13; and 5, 1362. pp. 362, 363.]
March 31.436. Petty Expenses of the Board of Trade Xtmas, 1708—Lady-Day, 1709. See Journal of Council, under date. 3 pp. [C.O. 388, 76. Nos. 51–53; and 389, 36. p. 394.]
March 31.
Whitehall.
437. Council of Trade and Plantations to the Lord High Treasurer. Enclose preceding and request for salaries of Secretary etc. [C.O. 389, 36. pp. 395–398.]
March 31.
Whitehall.
438. W. Popple to Richard Savage. Desires accounts of imports of Naval Stores Christmas 1707—1708, etc. [C.O. 389, 20. p. 346.]
March 31.
Whitehall.
439. Orders of Queen in Council. Appointing Mark Hunkins and Thomas Packer to the Council of New Hampshire. Signed, John Povey. Endorsed, Recd. Read May 2, 1709. 2 pp. [C.O. 5, 865. No. 15; and 5, 913. pp. 64, 65; and 5, 11. No. 39.]
March 31.440. Address of the Assembly of New Jersey to the Queen. We are very sorry that this Address is occasioned by the unhandsome treatment we have met with in an Address made to your Majestie by ye Lieut. Governour and Council of your Majties. Province of New Jersey, in which your Majties. loyall subjects, ye Representatives of ye said Province, are accus'd of many great and heinous crimes, and among the rest of a design to throw of your Majties'. prerogative Royall, and involve your Dominions in this part of ye world, and your good subjects in them in confusion, thereby to obtain their wicked purposes. We think ourselves under ye greatest obligation to your Majestie for your justice in appointing H.E. John Lord Lovelace to enquire into ye matters of fact alledged in that address, and to lay them before your Matie., which we make no question he will do with much truth and justice, and set ye difference between ye Gentlemen of your Maties. Council and this house in its true light. We cannot accuse ourselves either of doing or designing anything prejudiciall to your Maties.' service, and have said nothing we know of either in our Remonstrance or our Reply to ye Lord Cornbury's Answer but what was true, and what we can make out by unquestionable proof, having us'd all ye caution we were capable of to inform ourselves in ye severall matters of fact there related, and had not ye Addressors given too much way to ye resentments of ye Lord Cornbury, we perswade ourselves they would not have appear'd so violent in ye justification of a person whose conduct did not entitle him to so great a regard as they have paid him. The intemperate language they treat us with, as it does not become persons in their stations, so wee could wish they had forborn that unaccountable heat so prejudiciall to your Maties.' service, and join'd with us in such measures as might have conduc'd to ye publick good, but that was what they have (by this address) fully evinct we had no reason to expect from them, and we have but too much reason to fear they will make no scruple of sacrificing the publick peace of the Province to their private resentments whenever any opportunity is given them. This Address of the Lieut.-Governour and Council was rejected in publick Council, and is no Act of Council, but sign'd by the said Lieut. Governour and the rest of the Addressors at different times and in different places being carried privately about for that end, and what is worse not only without that consideration publick procedures of that kind required but by many of them as we have reason to believe without so much as reading of it, as the Lieut. Governour himself has acknowledged he did. We believe the safetie and welfare of your Maties.' Plantations in America is not ye meanest part of your Royall care, nor of ye least concern to ye advantage and flourishing condition of your Maties.' Kingdom of Great Brittain, and that the suggesting to your Matie. that all or any of them are inclin'd to throw of your prerogative Royall is an endeavour to render your Maties. loyall subjects in the Plantations suspected to your Matie., and of alienating your affections from them, which must be of the last consequence to your Maties.' affairs. We think our proceedings cannot justly be charg'd with the consequences they deduce, such we very much abhorr or any other measures that looks like want of duty, affection or loyalty to your Maties.' Royall person and Government, and hope that nothing will induce your Matie. to believe the contrary either of us or of any other of your Plantations in America. We cannot tell what reason those Gentlemen had to tell your Matie. that you would be disappointed in your expectations of a Revenue, if some dislike of the Assembly's proceedings were not shewn by your Majestie, when a considerable support for your Maties. Government was voted long before that address was made, and it was altogether the fault of ye Lord Cornbury and ye addressors that it was not rais'd, and this House is so far from making their resentments any obstruction to your Maties.' service that in honour to your Majestie's Commission they have given the Lieut. Governour £200 for one year, though he is a person that has least deserved it of them, and an office no ways usefull to your Maties.' subjects here; and which we are not able to support, and though we are one of the poorest of your Majesty's Provinces in these parts, have paid that regard to that office which New York tho' abundantly better able has not done.
When H.E. represents the matter of fact to your Matie., we doubt not you will perceive how much your Matie. and your good subjects here have been abused by ye misrepresentations of ye addressors, and how unfit those men are who have so grossly endeavour'd to mislead your Matie. to be of your Maties.' Council here, and who we fear will create differences and animosities among your loyall subjects, which will wholly obstruct all endeavours for your service or the good of this Province, we humbly submit to your Majesties' consideration. We heartily pray that God may continue your Majesty a blessing to your subjects, etc. Signed, By order of the House, Thomas Gordon, Speaker. March 31, 1709. Some of the Members of this house being of the people called Quakers doe consent to the matter and substance above written, but make some exceptions to the stile. Endorsed, transmitted by Mr. Cockeril to the Earl of Stamford, Recd. Nov. 14, 1709. 3 pp. [C.O. 5, 970. No. 81.]
March 31.
St. James's
441. Order of Queen in Council. Referring enclosed to the Council of Trade and Plantations to examine and report upon. Signed, William Blathwayt. Endorsed, Recd. 5th, Read 6th April, 1709. ¾ p. Enclosed,
441. i. Alexander Skene to the Queen. Petitions against Governor Crowe's encroachments upon his office as Secretary etc. See Acts of Privy Council, II. No. 1082. Copy. 3 pp.
441. ii. Copy of H.M. Warrant appointing Alexander Skene Secretary of Barbados, etc. April, 1702. 3½ pp. [C.O. 28, 12. Nos. 17, 17. i., ii.; and 29, 11. pp. 435–443.]
March 31.
St. James's
442. Order of Queen in Council. Timothy Salter is to be appointed to the Council of Barbados. Cf. Dec. 3, 1708. Signed, John Povey. Endorsed, Recd. Read May 2, 1709. 1¾ pp. [C.O. 28, 12. No. 18; and 29, 11. pp. 447–449.]
March 31.
St. James's
443. Order of Queen in Council. Referring following to the Council of Trade and Plantations to examine and report upon. Signed, William Blathwayt. Endorsed, Recd. 4th, Read 6th April, 1709. 1¼ pp. Enclosed,
443. i. Address and Petition of Members of Assembly, Freeholders, merchants etc. of Antigua to the Queen. Express loyalty and delight in H.M. victories, and the Union. Complain that they are insulted and tyrannized over by Governor Parke. He has been every way wanting in making provision for the defence of the Island, In times of the most imminent danger his conduct looked more like a design to surrender up than defend the same. In all his administration he has exercised the highest acts of injustice and violence, and trampled upon our Laws, etc. etc. Signed, Robt. Duning, Will. Pearne, Giles Watkins, John Paynter, Hopefor Bendall, John Rose, Jno. Otto Bayer, Bastiaen Otto Bayer, H. Givehene, Richd. Couchran, Henry Symes, Gervas Turton, Saml. Frye, Charles Loyd, Wm. Lavington, Thomas Hanth, Antho. Brown, Row. Williams, Bar. Tankard, Sa. Watkins, Th. Oesterman, Jacob Morgon, Allen Gilbert, W. Glanuch, Joshua Jones, Edwd. Chester jr., Jos. Adams, Andrew Murray. The Gent: of the Assembly:—Natha. Crump, Wm. Thomas, Dan. Mackinen, John Duer, John Leighfoot, Fran. Carlile, Sam. Phillips, Edwd. Perrie, Bas. Looby, John Fry, Ja. Reade, Edw. Chester, Charles Callahane, John Barnes, Thomas Williams, Isaac Hortford. Copy. 3 pp.
443. ii. Articles of complaint exhibited against Governor Parke. (1) Soon after his arrival in Antigua (to pave the way for his injustice and tyranny etc.) he did frequently and publickly declare that he had assurance from my Lord High Treasurer and the Dutchess of Marlborough that he should be supported and protected, let him do what he would, etc. (2) He did menace and otherways endeaver to scare witnesses from testifying the truth in the case of Edward Chester, senr., under prosecution for the death of Mr. Thomas, Lawyer, and that because the testimonys tended clearly to prove that he dyed a natural death, and did attempt by his presence and all the artifices he was master of to oblige the Coroner's Inquest to find that the said Lawyer dyed by a blow upon his head with a tankard given to him by Chester, and that contrary to a train of the clearest evidences imaginable, and did threaten and ill use the Justices who bailed Chester, tho' done after it was found by the Coroner's Inquest that the said Lawyer dyed a natural death, and did immediately turn out the Depty. Provost Marshall for shewing Chester some civilitys, and all this at a time when the General had vowed and threatned the ruine of Chester; upon the most groundless displeasure. (3) He endeavoured to compel several persons to give him an account by what title they held their estates, and that by ways unheard of and abhorred in law, and particularly he commanded Col. Christopher Codrington, immediately upon a precept signed by the said Col. Parke, to give him an account by vertue of what authority he did hold the Island of Barbuda, tho' Codrington's father and uncle had been in the undisturbed possession of the said Island for two and twenty years and upwards, and claimed the same by several Patents past in due fform. (4) He has several times employed parties of armed soldiers not only in the business properly belonging to the Constables, Custom-house Officers and other civil officers, but likewise in the highest acts of violence and injustice, particularly in ejecting persons out of their freeholds and possessions, and in order to it breaking open doors and windows. (5) When the Assembly most humbly represented this as a grievance like to produce such dismal melancholy consequences that in duty to their country they could not sit silent under, and prayed H.E. to redress such past disorders, etc., and prevent the like for the future, he told them they had nothing to do with it, which obliged the Assembly in their next Message to assert that undoubted privilege of their House to inquire into and represent grievances to him and his Council for redress. He in answer flatly declared he knew no privileges they had, and in a very few days after dissolved them for no other reason but insisting upon their privileges. (6) He issued out writs for the election of a new Assembly by which the persons to be elected were to be Free holders of the Division or Town where elected, contrary to former usage, grounded upon his and former Generals' Commissions, whereby the Electors were to be Freeholders, but no such qualification required in the Elected. (7) He did take upon himself to determine the validity of elections of Members of the Assembly, particularly of Capt. Edward Perrie, whom he refused to admit to take the oaths, and admitted one James Nesbit in his room, tho' the Assembly had determined the Election in favour of Capt. Perrie, which raised that just jealousy in the Assembly of their constitution being invaded in so high a degree, that without having their privileges asserted, they could not esteem themselves the Representatives of the People, nor discharge the high trust reposed in them, and in a few days that Assembly was dissolved, without having it in their power (by reason of the aforesaid obstructions given them by the Genl.) to provide for the payment of the publick debts, or any other way to take care of the credit, security and welfare of the Island, as they were well-disposed to have done. He hath given the same obstructions to the present Assembly called in a month or thereabouts of the last mentioned dissolution and continued in his obstinate denyal of the just and undoubted privileges of the Assembly, by which means, and for that no Assembly has been called for these 9 weeks last past, this Colony is left destitute of suitable provision in its greatest concerns to this day. (8) By menaces, promises, and all other artifices used by him and his emissaries, he hath endeavoured these two last elections of Assemblymen to overawe, impeach and hinder the ffreedom of Elections, and hath frequently declared by high and severe resentments against a great many persons who voted for such men whom they thought disposed and capable faithfully to serve their Queen and country. (9) He hath been all along guilty of most unsoldier-like neglect in time of warr, and in the neighbourhood of a most powerfull and watchfull enemy (nay, even when there was a Fleet of French men of warr at Martinique, and advice of a descent threatned on this Island thence). Insomuch that the Militia had quite forgot the use of their arms, in which they had been brought to a great perfection by the care of former Generals. At that very time of imminent danger, he not only left the Fort of Monk's Hill (which has been fortifyed at an immense charge to the Island, for the securing the wives and children and most valuable effects at the first appearing of an enemy) destitute of men, ammunition, and provisions, but likewise did throw the great guns from off the walls of an outwork of the said Fortification, which otherwise would have been of great service for the commanding of Falmouth Harbour, and two great roads that lead into the heart of the Country, without the advice of his Council, and at that time was wholly taken up in intrenching and fortifying the town of St. Johns, a place not to be made tenable with any charge, altho' the whole strength of the Island had been employ'd upon it for any length of time, much less in so short a time as we had reason to depend upon, when we expected the enemy every day, and that by reason of the neighbouring hills which command it, and of the great extent of its trenches not to be garnished with treble the number of men that was then upon or can ever be muster'd in said Island. He did then not only order the aforementioned guns to be thrown off the outwork of Monk's Hill, and almost all the other great guns from all the other landing-places in the Island to be drawn to St. Johns, but likewise ordered all the troops both regular and militia upon an alarm to march to St. Johns, the standing guards not excepted, so that by his conduct the landing was to have been yielded to the enemy without the least dispute, and all this not only without the advice or consent of any Council, but likewise. contrary to the opinion of a Council of Officers, and contrary to the constant practice of former times, experience having taught us to receive them at landing if possible, and give them the warmest reception we can, and when out-done bye numbers or otherwise, to retreat to the next Pass, and there make a stand, and by byways and ambuscades to annoy and continually harrass the enemy, and at last after losing the Island ffoot by ffoot, that the bulk of the troops retreat to Monk's Hill by such paths as would be hard for the enemy to find out, which might be easily made through the woods, whilst drawing all the men and great guns to St. Johns looks like a design of surrendring the Island, and every person so shut up within the trenches of St. Johns at first push. (10) He has frequently and publickly declared in the Court of Chancery, where he sits as Chancellor, that he would be guided in making his decrees by no law or precedent whatsoever, but that either to the merits of the cause or the proofs, he will judge as he thinks reasonable and equitable, if it were against all Law and the constant current of all the precedents of the High Court of Chancery of England, so that he is rather a Law-giver than a Judge, and that he hath made good his declarations, his arbitrary, illegal and unjust decrees will sufficiently make out, tho' he has pronounced but very few, and that he hath drawn almost all business into Chancery, where there is not the least colour of equity, almost to the total exterminating of the Common Law, and eluding the fruits of all judgments, especially considering that our executions upon judgments at Common Law are very dilatory, and that he has granted frequently genl. injunctions to hinder and stop persons from prosecuting any action whatsoever at Common Law, tho' the bill upon which the injunction has been granted has been only for one particular single matter, and commonly granted injunctions before any bill filed, and has bought in bonds for a third part or half the value of the debt, when the obligee has been barr'd his remedy at Common Law by injunction. All which proceedings of his as Chanceller have been matter of the greatest horrour to all men of judgment, when they consider that every man's estate, nay and person must by those means be subjected to such a man's unparalleled and unjustifiable passions and resentments, and that insatiable avarice which has so strongly and clearly discovered itself in all his administration. (11) He has several times threatned to turn out Judges of the Common Law, particularly Samuel Watkins, Chief Justice of the Court of Common Pleas, for both the precincts of this Island, and that upon notoriously false and forged complaints, but truly for not being applicable to all his purposes, tho' never so contrary to Law and Justice. He has by unprecedented and unwarrantable mandamus's commanded the said Chief Justice to sign such process as was directly contrary to the Laws of England and this Island. (12) He has been manifestly guilty of the breach of his oath pursuant to the Acts of Trade, in that after he had information that a considerable quantity of brandy had been imported contrary to the directions and purport of the said Acts, and had according to his laudable custom clapt partyes of armed soldiers upon the doors and other passages of the house or cellar where the brandy was lodg'd, he afterwards in few hours ordered the soldiers to be taken off, and by agreement suffer'd the same to be carry'd away by Edwd. Chester, senr., owner of the brandy, and after obliged him to allow him in accompt £150 currt. mony for his ⅓rd of the seizure as Chief Governor. (13) He has ordered several unwarrantable seizures to be made, where no offence has been committed, upon full assurance that he had made such Judges of the Admiralty as would not fail to condemn them, with or without cause, and other seizures made, which never have been so much as informed against, much less condemned, particularly 16 firkins of butter belonging to John Barbotaine of St. Johns, merchant. (14) By an order of his directed to the officer appointed for collecting of powder from the vessels arriving in this Island, he did exempt the sloops belonging to it from the paymt. of powder, tho' the said duty of powder was by an Act of the Island indifferently upon all vessels arriving, and then upon his groundless displeasure conceived against the people of this Island, did by a contrary order command the said officer to exact the same of all vessels without exception, which is the most barefaced and bold dispensing with and trampling upon Laws that ever was attempted by any subject. (15) He has heightn'd all his own ffees, some of them very near double of what was exacted by any former Genls., and that not only without the consent of, but also without so much as communicating the same to the Council of this Island. (16) Upon the arrival of the brigantine Anne, Sept. 1707, which in a violent storm was overset, and a wreck for several days, and forced into this Island, tho' design'd for Barbadoes, he told Mr. Chester senr. who, (upon application to him from the Master as Friend and Correspondent of the owners), waited upon H.E. to have a new register, the former being lost in the storm, that it lay in his power to seize her, and refused at that time to grant a register, but told him to come again, which he did, and then he told Chester that it was an act of favour, and that he must have a present, and thereupon granted a register in some few days, after that did ask Chester in presence of Capt. John Rock for what he had promised him, and accordingly had 10 barrils of flower. (17) He has made Justices of the Peace of the meanest and the lowest rank and most wretched character, who dare not do their duty, when it is the most clear and unquestionable without the Genl's. direction and approval. (18) He hath given the command of one of his privateer sloops to one John Ham, a man notoriously known to be guilty of piracy, and all manner of villanys, and particularly of a most barbarous and treacherous murder of 5 or 6 Spaniards in cold blood, whom he had invited to an entertainment at his own house, since which time the said Ham never durst appear in the Leeward Islands, or anywhere but in such places where Justice could not reach him, till the arrival of our present Genl., who as it is universally reported has given him his pardon. (19) He has frequently and publickly declared his implacable malice against Antigua, and particularly once at the house of Col. Fra. Rogers did declare that were it not for a few Friends, he would send the Island to the Devil, so that it must be obvious to every common understanding that the Island must be in a very wretched condition, especially if we should be attackt by an enemy, which we are threatn'd with almost every year. (20) He did publickly swear at the house of Col. John Lucy Blackman, that if he knew any person was going home to complain of him to the Queen, he would clap them into a dungeon, and there they should perish, and there was more ways to kill a dog than one, and repeated the same upon several other occasions. (21) He has exacted a tenth part of all prizes taken by privat men of warr, for granting them commissions, and refused to grant commissions to several persons unless they had agreed to pay accordingly, etc. (22) It has been his common practice to ramble at night up and down the streets of St. Johns and from house to house, list'ning and eavesdropping, and that in different disguises, tho' very well known in all of them, and so exposed to all the world, bringing thereby his person and authority in contempt. In those his night rambles, he did alway go privatly armed, with a small ponyard and case of pocket pistols, well knowing that his scandalous purposes must expose him to very notable dangers. Signed, as preceding, reading Glanville for Glanuch, and Trant for Hanth, and omitting Givehene. Copy. 15½ pp.
443. iii. Petition of Merchants trading to Antigua to the Queen. Pray that above complaints may be heard. "Some of us have had fresh advices from our correspondents that since the sending home the preceding articles, Governor Parke's administration has been insupportable in every part of it, and particularly that he has made no manner of provision for the security of the Island against the attempts of the common enimy, of the Island against the attempts of the common enimy, which has encouraged them to land with a design to plunder the Plantations upon the sea-coast, tho' hitherto insuccessfully, and that they have been more than ever insulted and oppressed by him in their persons and estates, and that he has given such discouragement to the trade of the said Island as must very much sink if not totally ruin the same. Petitioners have good reason to believe that they should all have had letters from their friends to the same purpose, had not some late practices of the Governour render'd the conveyance of letters and packet-boats much suspected, etc. Signed, Richd. Norris and 13 others. Copy. 3 pp. [C.O. 152, 8. Nos. 12, 12.i.–iii.; and 153, 10. pp315–343.]
March 31.
St. James's.
444. Order of Queen in Council. Upon the appeal of Sir Charles Orby, Bart., and Dame Anne Hopegood, his wife, relict of Sir W. Beeston, the Council of Trade and Plantations are to propose two persons fitly qualifyed to be Councillors in Jamaica, who may make up a sufficient number for hearing this cause on appeal to the Governor and Council, 3 of the present Councillors being disabled for hearing it as being Factors in the African Trade, and as having been Judges in the Grand Court in the said cause, etc. The case is set out, Acts of Privy Council, II. No. 1067. Signed, William Blathwayt. Endorsed, Recd. Read April 4, 1709. 3¼ pp. [C.O. 137, 8. No. 34; and 138, 12. pp. 381–384.]