America and West Indies
April 1709

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Institute of Historical Research

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Cecil Headlam (editor)

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1922

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270-286

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'America and West Indies: April 1709', Calendar of State Papers Colonial, America and West Indies, Volume 24: 1708-1709 (1922), pp. 270-286. URL: http://british-history.ac.uk/report.aspx?compid=73798 Date accessed: 29 July 2014.


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Contents

April 1709

April 1.
London.
445. Mr. Dummer to Mr. Popple. 'Tis my duty to acquaint you what comes to hand touching the interest of trade in the West Indies; I can only lament our misfortune in this, and I doubt many other cases of practice, that we so easily runn into popular laws, quite against the nature of the thing, or at least against the most publick and honest interest of the Nation, with the Spanyard in this particular. This copy is from my correspondent at Jamaica, and is of the same tenour that all other men write which are fair traders and void of rapacious and violent enterprizes, the mischeifs of which are well enough described to satisfy you or anybody what is likely to come to pass by that pernicious law, a law that manifestly carries a legion of evils in the practice of it. Signed, E. Dummer. Endorsed, Recd. 2nd, Read 6th April, 1709. Addressed. Postmark. ¾p. Enclosed,
445. i. Wm. Bignall to [? Mr. Dummer] Kingston, Jan. 17, 1708. Trade in generall seems at a stand, and nothing on foot but privateering. We are promised a convoy for the coast as soon as the packet or any advice from England arrives. Gandy and severall have bought negroes for the trade to help of the woollens which are now run downe in price so much by the privateering that we expect no profit, all we hope for is to sell at low prizes that the goods may not perrish on our hands. I was in hopes the account you gave me that the privateers were forbid to cruise on the coast would have had some good effect; but since yt., is come in Morgan in his privateering sloop from the coast, where he took severall canoes with money under the shoar, as they were going aboard the traders then under convoy of the Roebuck, and since that has taken a Spanish vessell as he says with a good summ of money on board, but whither Spanish or English vessell is uncertain, for he has brought in nothing either Spanyard or anybody to condemn the prize, and whither the vessell was within 5 leagues of the shoar, is never enquired after; at this rate the privateers may follow anyone of our own ships out of port, and take away what he sees good and burn the ship, and we never the wiser. It is the opinion of every one this cursed trade will breed so many pirates, that when peace comes we shall be in more danger from them than wee are now from the enemy, their captains have no command, every man is allowed a vote, and so most votes carry the vessell where they please, if the captain was to have the sole command it would be much better for keeping the men in subjection, and that might easily be, if the Governor would so order it, but they have so much incouragement, I beleive we shall find it very difficult to get men for the traders when we have a convoy. Signed, Wm. Bignall. Copy. ¾ p. [C.O. 137, 8. Nos. 35, 35. i.]
April 2.
St. James's.
446. H.M. Warrant granting Thomas Hodges, Attorney General of Barbadoes, leave of absence for 6 months for the settling some extraordinary affairs, and for the recovery of his health, on his appointing a Deputy approved by the Governor. Countersigned, Sunderland. [C.O. 5, 210. p. 142.]
April 2.
St. James's.
447. The Queen to Governor Handasyd. You are forthwith to transmit a true state of Capt. Samuel Jones' case, and stop proceedings in the mean time. etc. Countersigned, Sunderland. (A.P.C.II. pp. 549, 550. q.v.) [C.O. 5, 210. pp. 143, 144.]
April 4.
Virginia.
448. John Crofts to John Graves. The taking of Uxuma, Providence and ye Isle of Thera is confirmed, and that the French and Spaniards did most barbarously and unhumanly treat and abuse ye poor inhabitants, beating them very cruelly, stripping many stark naked. Read Elding's Misres. they whipt to death, and severall others they miserably tormented, and are now setled at the Isle of Thera, Providence, etc., so at present they are actually in possession of those Islands, and have already taken about 17 sayl of sloops etc. that were bound to Jamaica, and coming from thence to Carolina, New York, Bermuda, etc., and doubtless there are many more that know not yet of. The ill and fatall consequence of ye enemy possessing these Islands time will manifest. I wish with all my heart there may be speedy, effectuall care taken to suppress them, if not there will be no trading from the northern parts, Carolina, nor Bermuda to Jamaica without running very great hazard of being taken. I am of opinion that two sixth-rate frigatts well-man'd will be of sufficient force to repell ye enemy thence, and if there was but incouragement and notice thereof given, doubtless severall persons from all parts would venture to go there to inhabit, and once more settle those Islands, especially if there was any prospect of living there hereafter in security. I. must and do beleive, if ye great considerable advantage of our keeping those Islands was fairly and truly stated, and ye damage we might reasonably expect to sustein by ye loss of them but well and fully represented to our most gracious and good Queen, yt. H.M. would immediately take them under her particular care and protection, and forthwith send a suitable and necessary strength to regain them again. Doubtless there are many in London etc. that will joyn with you to demonstrate the great importance of so weighty an affair. Certainly the traders to Jamaica, Carolina, New York, New England, and all the Northern parts, as also Bermuda, will be very forward to assist you in a proper Representation, and in the Loyall Johnson of Carolina the Hon. Coll. Willm. Rhett, with whom) I have often had some discourse concerning the consequence of the enemys being setled in ye Bahama Islands, and he seems to be much troubled thereat, and believes that if they be not speedily repulsed that these American parts will be very great sufferers thereby, and be in great want of salt, the French having also taken Turks Islands, etc. etc. Signed, John Crofts. Endorsed, Recd. 28th, Read 29th June, 1709. Copy. 1½ pp. [C.O. 5, 1264. No. 71.]
April 5.
Whitehall.
449. The Earl of Sunderland to the Council of Trade and Plantations. Encloses following for their report. Signed, Sunderland. Endorsed, Recd. Read April 6, 1709. 1 p. Enclosed,
449. i. Sir Wm. Hodges, Bart., to the Queen. The Marquis de Preu, a Fleming born, hath served the Crown of Spain for many years, and being now old, and disgusted, hath bought the Governmt. of Cartagena, etc. Prays for a pass for a Spanish ship from Cadiz, to carry the Governor and Dep. Governor with Spanish goods thither, and to return by way of the Havana, laden with products of the Spanish West Indies. Such a voyage would turn to the advantage of trade to H.M. subjects, for not a French man is to be concerned in ship nor cargo. 1 p. [C.O. 388, 12. Nos. 2, 2. i.: and 389, 20. pp. 347, 348.]
April 6.
[6. currtt.]
450. Wm. Penn to the Council of Trade and Plantations. Honorable Friends, I presume to beg the favour of a coppy of all orders since 1685 from the respective Committes of Trade and Plantations for settling boundarys between the Province and Territorys of Pennsylvania, and the Province of Maryland, especially that 1699, or 1700, and any since sent to those Provinces (if any were) and it will very much engage, Your respectfll. Friend, Signed, Wm. Penn. Endorsed, Recd. Read April 6, 1709. Holograph. 1 p. [C.O. 5, 1264. No. 64; and 5, 1292. p. 134.]
April 6.
Jamaica.
451. Governor Handasyd to the Council of Trade and Plantations. I here enclose a duplicate of my last, which I hope is before this come into your hands, and shall likewise give your Lops. an account of what has offer'd since, that is come to my knowledge. The Assembly is still sitting, and I hope will have finished in less than 14 days, most of the Bills being read twice. Things seem to go much smoother with me and them, than have done since I have been in the Government, which I think does all proceed from my passing the two first Bills; They have voted to reimburse the Treasury £2,500, and renew the Quartering Act, the Additionall Duty Bill, and severall other private Acts, which I hope to have ready by the first man of war that sails or packett boat, with the Minutes of the Councill and Assembly, which I dare not send by any of these private ships for fear of miscarrying. I writt to your Lops. in mine by the last packett boat, to desire the relief of me and my Regiment since wee have been here these 8 years, and our constitutions are quite worn out, but if it is to the disadvantage of H.M. service, I had rather we should all have our graves here, than insist on anything that is not for the good of the service, but must further begg of your Lops. that if a peace should be made, neither me nor my Regiment may suffer by being absent, since it is of so old a Corps. Our trading vessells are not yet returned from the coast, trade there being very indifferent. H.M.S. Portland, Captain Hutchins Commander, has lately been engaged with 2 French ships off Porto Bell, one of 50 guns, formerly an English man of war called the Coventry, the other a larger ship, but had but between 30 and 40 guns, the former of which he took after a dispute with them both of about 8 hours; they say she has a considerable quantity of mony aboard, having sold her cargo not long before at Porto Bell, being ships from Guinea. The Portland took in her 270 men, besides the wounded, which he put a shore. The first Captain of the French ship was killed, and the second mortally wounded. I had on board the Portland 50 soldiers of H.M. Regiment, of which I am apprehensive I have lost a share in this engagement. There are in the whole squadron under Mr. Wager 300 and odd soldiers of my Regiment, which makes the duty hard on those that remain ashore. The other men of war have taken since the last account I gave your Lops. a snow and 3 sloops, and one of our privateers has taken a French privateer, one Spanish trading sloop, and retaken an English sloop which they burnt. Both our men of war and privateers have lately been very successfull, and done considerable damages to the enemy in these parts. The Almirantte Fleet is still at La Vera Cruz, as is the Vice-Admirall of galleons that escaped the last year at Carthagene, and neither dare venture to Havanna for fear of our men of war and privateers, that are very diligent, but they daily expect a French convoy. They are very rich, and if they should escape us here, I hope care will be taken to intercept them before they get home. The Island is very healthy and likewise the men of war, but are in great want of men. I send your Lops. herewith the state of a case signed by the Attorney Generall and the other Councill for the Queen, Mr. Totterdale, in relation to a judgment that passed our last Grand Court, against the Navall Officer, upon his seizing a Spanish brigantine that was brought in here by one Scrivener, who had no commission, nor has had any since he was some time ago complained of for committing roguish tricks upon the Spanish coast, such a judgement so opposite to the rules of reason I have never known given before, and is an encouragement to all privateers and other vessells to turn pirates. The Jury brought in the damages to the captors to amount to about £170 more than the goods were sold for, of which £100 odd was for the vessell, tho' she sunk in the harbour. And I have since disbursed to the Navall Officer that £170 out of my own pockett, that he may not suffer who acted by my order and the advice of the Attorney Genll. Therefore desire your Lops. will recommend it to the Lord High Admirall, that I may have his directions how I shall act in the like cases for the future. I am now to request your Lops.' favour in the behalf of a poor man a Serjeant in H.M. Regiment under my command, that now lies under the sentence of death: His Father came out of Holland with me, and was a Serjeant in my Company, when King William landed in the West of England, his brother and himself carried arms, the father and brother were killed in the wars of Ireland against the French and Irish, this man has been in this Regiment ever since he was a child, and has always behaved himself well in every respect: but it was his misfortune that a drunken Fellow, coming into company where he was, told him neither he nor any of his cloth dare fight one of his country, upon which the Serjeant answered that he wore the Queen's cloth, and was not to be affronted in that manner; this fellow then fetch'd a hanger and told the Serjeant he dared not to draw a sword against him, and upon that they both went out without the door, where after some blows given the Serjeant by this fellow, the Serjeant gave him a wound of which he immediatly died: and notwithstanding all that could be said by the Bench upon the triall in the behalf of the Serjeant, the Jury being managed by the prosecutors according to their desire, the Serjeant was brought in guilty of murther; but upon the request of the Chief Justice and the rest of the Judges, as your Lops. will see by the enclosed signed by them, I have given him a reprieve, and hope through your Lops.' interest he may have H.M. gracious pardon; I have desired the same favour of the Secretary of State, and I hope he will assist your Lops. in the saving this poor man's life since his father and brother as well as himself have been such faithfull servants to their country. I have order'd Capt. Gardner to wait on your Lops. and receive your directions in this matter. Signed, Tho. Handasyd. Endorsed, Recd. June 14th, Read July 11th, 1709. 5¾ pp. Enclosed,
451. i. Address from the Chief Justice and Judges of Jamaica to Governor Handasyd, for the reprieve of serjeant Thomas Bradshaw (see supra) March 3, 1708/9. Signed, Peter Heywood, Jo. Bonner, William Careless, James Archbould, Samuel Vassall, Ed. Pennant. 1 p.
451. ii. Proceedings in the case against William Norris the Naval Officer of Jamaica, upon his seizing a Spanish brigantine, taken by Benjamin Serivener without any Commission from H.M. etc. Signed, Ro. Hotchkyn, Hugh Totterdell. Endorsed as letter. 2 pp. [C.O. 137, 8. Nos. 43, 43. i., ii.; and (without enclosures) 138, 12. pp. 409–415.]
April 6.
Whitehall.
452. Earl of Sunderland to the Council of Trade and Plantations. Encloses Governor Handasyd's recommendation of Messrs. Broderick and Oldfield to be of the Council of Jamaica. I must add to what the Governor writes in Mr. Broderick's behalf, that I have received a very good character both of his capacity and zeal for H.M. service, and that he is of a family distinguishable by their loyalty and good affection to the Government, and for which have a particular regard, so that I hope you will have so much for him as to let him be the first you shall recommend as usual for that employment. Signed, Sunderland. Endorsed. Recd. 13th, Recd 14th April, 1709. 1 p. Enclosed,
452. i. Governor Handasyd to the Earl of Sunderland, Jamaica, Aug. 6, 1708. Concludes:—I understand that Sir Bartholomew Gracedieu and others are endeavouring to put in one Peter Beckford, who as well as the whole family of them has been constantly a disturbance of the tranquility of H.M. subjects ever since I have been in the Government; but what most sticks with me is an old gentleman of 60 years of age was murther'd by him, who was found dead with his sword in his scabbard, and by the interest that was made he was brought in not guilty. His brother has likewise killed a man, and came off too without damage. This I think fit to acquaint your Lordship of, that such hardships may not be done, so much to the disadvantage of H.M. service. Copy. 1½ pp. [C.O. 137, 8. Nos. 36, 36.i.; and 138, 12. pp. 389–391.]
April 8.
Whitehall.
453. The Council of Trade and Plantations to the Queen. In reply to Order in Council, March 31, represent that by a letter from Governor Handasyd, Oct. 27, 1708, we were informed that severall Members of the Councill being Factors for the African Company, and thereby disabled from sitting as Judges in any of these Courts, there wanted a sufficient number of Counsellors duly quallifyed to make a Councill for hearing Appeals. We forthwith writ to the Governor to admonish such Members to forbear to act any longer as Factors or Agents for the said Company, and if they refused to comply therewith, that then he should return to us the names of the persons so refusing in order to our laying that matter before your Majesty for your pleasure to which letter we have yet received no answer. Therefore in obedience to your Majesty's forementioned order in Councill we do most humbly offer that your royal pleasure be signifyed to the said Governor to require all such Members of the Councill there as are Factors or Agents for the said African Company or for any other person or persons, for the sale or disposal of Negroes, that they forthwith quit or resign such Factorage or Agency, and if they shall refuse or neglect so to do, that in such case he forthwith remove the person or persons for refusing or neglecting from the said Councill; and whereas the number of Counsellors who are Factors or Agents for the said Company does not, as wee are informed, exceed three persons (nor do we know that any others of the Councill are otherwise employed as Factors or Agents to any other persons for the sale or disposal of Negroes) we therefore further humbly propose that the said Governor be at the same time impowered by your Majesty's royall letters mandatory to swear into the said Councill, in the room of such person or persons who shall be removed, Francis Oldfeild, John Cossly and John Carver Esqs., or so many of them as shall compleat the full number of 12 Counsellors, they being persons now resident within that Island, having good estates there, and as wee have been credibly informed, duly qualifyed for that trust. This we humbly apprehend to be agreeable to the true intent and meaning of the Act of the 9th and 10th of his late Majesty for settling the trade to Africa, it being thereby enacted that no Judge of any Court in any of your Majesties Colonies or Plantations in America, shall be a Factor or Agent for the said African Company, or any other person or persons for the sale or disposal of any Negroes. And by this method as any failure of Justice in such case will for the future be prevented there, so will the present constitution of the Councill, as to the number of 12 Counsellors be preserv'd, which regulation or restriction of the number of 12 having severall years past been settled throughout your Majesties said Colonies and Plantations, we are humbly of opinion it will be for your Majesty's service that the same be still punctually observed. And if your Majesty shall be graciously pleased to approve what we have herein before proposed to the end the said African Company may not receive any prejudice from a want of their having Factors or Agents there to perform the services of the said Company in the room of such of their present Factors or Agents as shall so quit or resign that trust as aforesaid, we do further humbly offer that notice may be given hereof to the said Company that they may take care to constitute and appoint any other person or persons not disqualifyed by the said Act to be their Factors or Agents in the room of such persons as shall so quit and resign as aforesaid. [C.O. 138, 12. pp. 384–388.]
April 9.
Craven House.
454. Instructions for Edward Hyrne, Naval Officer of S. Carolina. Signed, Craven, Palatine; Beaufort, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 289. pp. 194, 195.]
April 9.
Craven House.
455. Lords Proprietors of Carolina to the Deputies and Council of South Carolina. We being very unwilling to let any opportunity slip whereby we might signify to you the earnest desire we have of your welfare, and the general good and prosperity of our Province of Carolina, we now acquaint you that we have sent you a Governor and some new commissioned officers, etc., and earnestly recommend them to your care and friendship etc. We have been informed of your unwillingness to admit a Deputy who was nominated for Mr. Blake by his mother, his guardian, wch. we do assure you is very irregular, and is in some measure openly declaring yourselves against the Laws of this H.M. Kingdom, for by the Law here every mother has a right precedent to all others to have the guardianship of her son, and is thereby impowered to do all acts that can anyways tend to his benefit. As therefore Mrs. Blake has appointed one of our number here to sign such instruments, rules and orders as we at this Board shall think proper for the better government of our Province, so she has an undoubted and legall right to appoint such Deputy as she shall think convenient to represent the person of her son during his minority in your Councils and Assemblies in Carolina. We therefore strictly require of you Gentlemen, that you constantly for the future admit of such Deputy for Mr. Blake as shall be constituted by Mrs. Blake his guardian under her hand and seal.
And whereas the Proprietorship that Col. Trott lays claim to is contested, several persons pretending a right to the same upon which account a cause is now depending in H.M. Court of Chancery here, least you should fall into any error or mistake by not duly and carefully considering the Laws that are now in force, and to which all H.M. subjects are obliged to pay obedience, we think it necessary to inform you that, whatsoever Acts are done by any persons that are parties to the suit during the continuance of the said suits, are illegal, void and of no effect, and are highly liable to censure here. We therefore command you not to receive or countenance any person whatsoever claiming a right to that Proprietorship, nor any Deputy for ye same, until you shall receive information from us, that all suits and controversies relating thereunto are ceased and in a judicial way decided and determined. We earnestly desire your endeavours that such Laws and usages of our Province as are for the advantage of the Goverment thereof be put in execution, and in a particular manner we recommend to you the due observation of that Law, wherein it is enacted that no Law either already passed, or that shall hereafter be passed, shall be in force for any longer term than two years, unless such Law is within that time confirmed under the hands and seals of ye Palatine and 4 more of the Lords Proprietors. You are also to take care that no Deputies, Commrs., or any other person whatsoever make or sign any grant or sale of lands exceeding the number of 640 acres, without a warrant or licence under our hands and seals first obtained in that behalf. We think it necessary the Surveyors of our said Province should give good security to us, or to our Governor and Council for the performance of their trust and the due execution of their Office, and that they shall follow such directions only in admeasuring, surveying and setting out of land, as we shall think fit and proper to give to our Governor and Council from time to time, or such as we shall appoint by warrant, or any other instrument under our hands and seal. We think it highly expedient for the good of our Province that in the General Assemblies you would seriously consider of the best and most proper methods for improving all the products and manufactures of our Province (particularly that of rice and silk), and as we have always had a good opinion of your fidelity and inclination to our service, so we hope you will every day improve the same by your continual endeavours the good of our Province, and doing us all the friendly offices, which may be within your power, etc. Signed, Craven, Palatine; Beaufort, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 289. pp. 196–198.]
April 9.
Craven House.
456. Same to the Governor, Deputies and Assembly of South Carolina. We having taken into our consideration the present condition of our Province of Carolina, as well in regard to the administration of ye Government and Justice there, as in relation to the commerce thereof, and being fully perswaded that nothing can more effectually contribute to ye quiet and welfare of our said Province, than the appointing knowing and fitt persons to enquire into the state and condition of ye same and administer Justice accordingly, have appointed Col. Edwd. Tynte Governor and other officers whose commissions are given in this volume. We do earnestly require of you Gentlemen that you would constantly in your General Assemblies inspect into the trade of our Province, and prepare laws for our confirmation, whereby all profitable and advantageous trade may be more improved and extended, and such as are hurtfull and prejudicial may be rectifyed or discouraged, and by these means we shall no way doubt but our endeavours seconded by your care and prudence, will effectually establish the good of our Province and the peace and satisfaction of all the inhabitants under our care. We do assure you of our friendship and bid you heartily farewell, etc. Signed as preceding. [C.O. 5, 289. pp. 199, 200.]
April 9.
St. James's.
457. H.M. Warrant for Timothy Salter to be of the Council in Barbados. Countersigned, Sunderland. [C.O. 5, 210. p. 145.]
April 12.
Portsmouth in New England.
458. Mr. Plaisted to the Council of Trade and Plantations. The present warr with the French and Indians from Port Royall doth very affect these Provinces, and the more for that H.M. subjects of New York have constantly held a neutralitie with those her enemies, while wee are dayly subject to theire barbarous insults, and were it not for the extraordinary care our Governor, Col. Dudley, and his particular regard to H.M. service herein, by sending out scouts into the woods, and a sufficient force to cover my workmen and repell the enemy, I could never make that provision for ye yearly loading of the ships which I have done this thirteen or forteen years. etc. Signed, Ichabod Plaisted. Endorsed, Recd. June 20, Read Dec. 9, 1709. Addressed. 1 p. [C.O. 5, 865. No. 25.]
April 12.
Whitehall.
459. The Earl of Sunderland to the Council of Trade and Plantations. Encloses following, which should have been laid before H.M. at the same time with the rest. Signed, Sunderland. Endorsed, Recd. Read April 13, 1709. ½ p. Enclosed,
459. i. Additional Articles of complaint against Governor Parke [see March 31 supra]. (23) He did offer to Anthony Hodges, Lt. Governor of Montserat, £300 sterling to cancell and destroy Letters Patents which had been granted of a certain Plantation in that Island to Sir Michael Cole, and were in the custody of Hodges, to the end that Parke might escheat the said Plantation. Hodges refusing, Parke did the day after threaten to turn him out of his Government. (24) After the departure of Mr. Neavin from Antego with the Petition to H.M. against him, Sept. 18, 1708, Parke between 8 and 9 p.m. did with his sword drawn enter the house of Edwd. Chester, senr., of St. Johns, attended with Capt. Newell with his sword drawn, and 8 Granadiers with their musketts cock'd. Parke as he came to the door of Chester's house, commanded the Granadiers to fire, but as the door opened he forbad them. He commanded the Granadiers to secure all the company then in Chester's house, and the Provost Marshall to carry them all to gaol, and did himself throw down and strike one Peter Scheurman, calling him Rascall. Four of the company were forthwith carryed to gaol, vizt. Capt. Bastian Otto Bayer, Capt. Francis Carlisle, Richard Smith, and Peter Scheurman, and in a little time after Thomas Gatewood a J.P., came to Chester's house, and with Thomas Morris, J.P., did by the direction of Parke order the Provost Marshall to carry other 5 persons of the company to goal, which was done, vizt. Major John Tomlinson, Capt. Charles Kallahan, John Swettenham, merchant, Wm. Hamilton, and Wm. Dikes. Thomas Morris, Thomas Gatewood, and Michael Ayon, the Provost Marshall have signed and sealed a writing, dated Sept. 18, 1708, importing a conviction as their view of the said 9 persons of a riotous Assembly, and that they have caused them to be committed to goal untill they should pay the undermentioned sumes opposite to their names, which amount to £2900. Morris and Gatewood have signed and sealed another paper of the same date, commanding the Provost Marshall to apprehend the said 9 persons and to convey them to goal, and detaine them till they shall have payd the said fines. The said record of conviction and warrant of commitment were not fram'd till the day after the said pretended riotous Assembly, and the 4 first mentioned of the said 9 persons were sent to goal before Justice Gatewood came to the house of Chester. Scheurman is by profession a taylor, and not worth one half the sume imposed on him as a fine. The said 9 persons during the whole time demeaned themselves in a very quiett and peaceable manner, without offering the least disturbance or offence to any person whatsoever. They were confin'd 13 days in a hot loathsome goal, were denyed the common favour of confinement in a cooler apartment at their own expence, and of being admitted to bayle on any security whatsoever, to the great indangering of their lives. Tho' now at liberty by permission or connivance, they are in dayly fears of being again imprisoned, and of having their estates seized on account of the aforesaid fines etc. (25) Parke hath threaten'd to cause whip the best man's wife in Antego at the cart's a— that should trouble herself with him, and hath declared his resolution to cause whip publickly even men of substance, if they should speak any disrespectfull words of his Friend, and by such usage bring them to rebell and then seize on their estates. List of fines referred to supra. 1½ pp. [C.O. 152, 8. Nos. 13, 13.i.; and 153, 10. pp. 344–349.]
April 13.
Admiralty Office.
460. Mr. Burchett to Mr. Popple. Asks if there are any Heads of Enquiry for Newfoundland. Signed, J. Burchett. Endorsed, Recd. Read April 14, 1709. Addressed. 1 p. [C.O. 194, 4. No. 89; and 195, 5. p. 85.]
April 14.
Whitehall.
461. Mr. Popple to Mr. Burchett. Reply to preceding. While we were in possession of St. Johns, the Council of Trade and Plantations thought it necessary that several enquiries relating to the Trade and Fishery shou'd be yearly given to the Commodore of the Convoy, but now their Lordps. not knowing in what condition or circumstances our settlements there may be in, in regard to the accounts received of St. Johns having been surprised by the French, they do not see what proper queries can be framed. However, they think it will be of service that the Commodore do transmit to their Lordps. the best accounts he can get of the Trade of this year, and of the state he shall find and leave the Island in; which you will please to lay before my Lord High Admiral for his Lordp's. directions therein. [C.O. 195, 5. pp. 85, 86.]
April 14.462. Copy of Patent of Landgrave Edward Jukes (Carolina). Signed, Craven, Palatine; Craven, for Lord Carteret, M. Ashley, M. Ashley for Jos. Blake, J. Colleton, J. Danson. Latin. [C.O. 5, 289. pp. 202, 203.]
April 14.
Whitehall.
463. Council of Trade and Plantations to the Earl of Sunderland. Reply to April 5. Recommend that a pass be given to the Spanish Governor and ship to Cartagena only, for reasons given Journal of Council, April 11, q.v. [C.O. 389, 20. pp. 363–365.]
April 14.
Craven House.
464. Lords Proprietors of Carolina to Governor Tynte. Warrant to dispose of the barony with several thousand acres of land adjacent to Cowper River to purchasers from Peter Colleton, who is inclined to dispose thereof. Signed, Craven, Palatine; Beaufort, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 289. p. 201.]
April 15.
Whitehall.
465. The Earl of Sunderland to the Council of Trade and Plantations. Encloses following to be added to the other papers now under consideration [March 31, April 12.] Signed, Sunderland. Endorsed, Recd. Read April 18, 1708. [sic] 1 p. Enclosed,
465. i. Merchants of Bristol trading to Antigua to the Queen. Complain of the tyranny of Governor Parke, support articles of March 31, and pray for redress. 39 signatures. 1 p. [C.O. 152, 8. Nos. 14, 14.i.; and 153, 10. pp. 349–351.]
April 16.
St. James's.
466. Order of Queen in Council. In pursuance of Representation of March 31, q.v., Messrs. Oldfield, Cossley and Carver are to be appointed to the Council of Jamaica if the 3 members referred to refuse to resign their agencies for the African Company etc. Set out, A.P.C.,II., No. 1067. Signed, John Povey. Endorsed, Recd. 20th, Read 27th June, 1709. 3 pp. [C.O. 137, 8. No. 42; and 138, 12. pp. 406–409.]
April 18.
Whitehall.
467. Council of Trade and Plantations to the Queen. Governor Crowe's treatment of Alexander Skene is an encroachment of H.M. Patent, etc. Set out, A.P.C., II., No. 1082. q.v. [C.O. 29, 11. pp. 444–447.]
April 19.
Craven House.
468. Warrant of the Lords Proprietors of Carolina to Thomas Broughton, Surveyor General of South Carolina, to admeasure out 3000 acres of land for Governor Tynte at a yearly quit-rent of 30/s. Signed, Craven, Palatine; Beaufort, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 289. p. 206.]
April 19.
Craven House.
469. Warrant of the Lords Proprietors of Carolina to Governor Tynte, to cause grants of 2000 acres to be issued to Edward Jukes at a quit-rent of 20/-s., he intending to carry over with him into our said Province a considerable number of Planters, Handicrafts, Artificers, and other persons at his own proper cost, etc. Signed as preceding. [C.O. 5, 289. p. 207.]
April 19.
Whitehall.
470. Council of Trade and Plantations to Mr. Secretary Boyle. Melchior Gilles, one of the poor Lutherans (see C.S.P., 1708) having had leave to stay behind on account of his wife's illness, who being now dead, he is desirous to proceed with his children on board of a merchant ship now ready to sail for New York. Pray for an Order to the Navy Board accordingly. [C.O. 5, 1084. No. 41; and 5, 1121. p. 366.]
April 20.
St. James's.
471. The Queen to the Governor of Jamaica. Directions as to Councillors in accordance with Representation of March 31. q.v. Countersigned, Sunderland. [C.O. 5, 210. pp. 146–148.]
April 20.
Bermuda.
472. Deposition of Capt. Edward Holmes. Late an inhabitant of the Bahama Islands and one of the Lords' Deputies there, he did about Aug. 27 last arrive with his own sloop in Harbor Island under that Government with his wife and some of his family, when a vessell under French colours fired a valley of small armes upon him, and at the same time another valley was fired from the shore, and imediately the captain of the said vessell, whose name was Martell (a Frenchman) with a canoe and armed men and his Lieutenant in another canoe like wise came on board in a violent manner, and took hold of deponent's wife and stript her, and the Quarter-Master presented a loaded pistoll att her breast, thereby to force her to discover deponent's wealth, and searcht her very haire of her head, and threatned to fling her overboard. Then Capt. Martell ordered them to bee carried on shore and there tyed deponent's wife fast to a tree, and one of his men struck her with a sword, deponent being then bound on shore. Next morning hee was carryed on board his own vessell and his hands seized to the mast, and the quarter-master belonging to Capt. Martell with his naked cutlass beat him on his back, as was guessed, 500 blows, untill all thought him dead, the quarter-master still continueing to push the deponent in the face with, the point of his sword upon every groane hee made. And then deponent comeing to himself Capt. Martell's gang lighted eight peeces of match about 3 inches long and tyed them betweene his fingers and burnt them about half an hour by the glass, to force him to confess his wealth, and afterwards they tyed him with his back to the scuppers and brought lighted matches to tye to his toes, and swore they would burne his privy members, and so they cruelly extorted deponent's discovery of what he had and took itt from him, and so turned him and his wife and child on shore, striped, about 8 leagues from their habitation in great necessity, and many other cruelties and barbarities Capt. Martell and his gang did then and there comitt. Signed, Edwd. Holmes. Endorsed, Recd. 12th, Read 15th Sept., 1709. Recd. with duplicate of Col. Bennet's letter of March 1st, 1708/9. 1 p. [C.O. 5, 1264. No. 74.]
April 21.
Whitehall.
473. Council of Trade and Plantations to Governor Handasyd. Since our letter of March 10 (a duplicate whereof is here inclosed) we have received yours of Aug. 21 and Feb. 1. When the two Laws you mention for quieting possessions and for settling fees, together with the Minutes of Councill relating thereto, shall arrive, we will take the same into consideration and lay them before H.M. etc. We have received the account of prizes taken by H.M. ships of war, and should have been glad to have known the respective value of each of the said prizes, for without that the names of the prizes only is of little information to us. You will do well therefore to give us as good an account as you can of the value of all prizes that shall be taken and brought into Jamaica for the future. We are glad to hear that Commodore Wager is again going out in quest of some ships coming from Old France to Hispaniola, etc. and we are in good hopes he will meet with success. We cannot but commend as well your having given Instructions to all the privateers of Jamaica to cruize between La Vera Cruz and the Havanna, etc. as Feb. 1, as your readiness and care in supplying H.M. ships of war with men. You will see by the copy of Mr. Burchet's letter which we sent you Feb. 24, that care is taken for supplying the ships of war with men for the future. We are likewise glad to understand that the Jersy man of war has made a recapture of the Guinea ship etc., (Feb. 1). The Lord High Admiral having had the opinion of the Judge of the Admiralty here in relation to the briganteen which was seized by a vessell without a commission, you will undoubtedly receive his Lordship's directions therein. We ob serve what you write in relation to privateers, but as we writ fully to you upon that subject Aug. 23, 1708 (a copy whereof is here inclosed) wee refer you thereunto, and have only to add that if the Captains of privateers were to have the sole command of the ships, it might be one means in our opinion to prevent the ill practices too frequently committed by them, whereas, as we have been informed, every seaman on board a privateer having a vote, it is not in the Captain's power to prevent their committing irregularities when the majority is against him. And therefore you will do well in all commissions to privateers to insert a clause giving the Captain the sole power of the ship, and restraining the seamen from having anything to do in the command thereof. You will receive from the Earl of Sunderland H.M. pleasure in relation to Counsellors that are Factors to the African Company and others concerned in the Negroe trade, etc. We shall expect the account of the affairs of the Island you promise us by the packet. [C.O. 138, 12. pp. 394–396.]
April 28.
St. James's.
474. Order of Queen in Council. Referring following to the Council of Trade and Plantations, for their report. Signed, Chris. Musgrave. Endorsed, Recd. 5th, Read 6th May, 1709. ¾ p. Enclosed,
474. i. Richard Lloyd to the Queen. Your petitioner is seized of a Plantation in Jamaica. One of his negroe slaves (by name Sherry) was in June, 1708, accused upon suspicion of poysoning a Negro child belonging to a neighbour's Plantation. Although the proofs against him were but light and barely presumptive, yet the two Justices and three freeholders who are Judges in such cases, ordered him to be transported. Sherry is a wheel wright and carpenter, and of very great use in petitioner's Plantation. Prays H.M. pardon for Sherry. Copy. 1 p. [C.O. 137, 8. Nos. 39, 39.i.; and 138, 12. pp. 397–399.]
April 28.
Whitehall.
475. The Earl of Sunderland to Governor Lord Lovelace. H.M. designing to fitt out an expedition for the reduction of Canada and Newfoundland, according to some proposals made by Coll. Vetch, to whom H.M. has given Instructions at length, with orders to communicate them to your Lordp., as also to deliver a letter from her Majesty, enjoining you to assist in the said expedition after the manner prescribed, etc. I send you by another ship the inclosed copy of Col. Vetch's Instructions, to which H.M. expects that you should show a ready and punctual complyance so farr forth as they relate to you etc. In case you should receive the inclosed Instructions before the arrival of Col. Vetch, it is H.M. pleasure that immediately upon receipt of them you dispatch an expresse to the severall Governours of Pensilvania and Connecticut to meet you with all expedition at New York, and that you consult with them on the most proper and effectuall methods for executing the inclosed In structions. And because it may be necessary to inform you of severall particulars, which Coll. Vetch will give you an account of, if he arrive soon enough, H.M. is pleased that I should give you a further light into the intended expedition, than what you receive from the inclosed Instructions, and which will be unnecessary, if Col. Vetch arrive soon enough to transact this affair with you; and I must signify to you H.M. pleasure that you pay the same obedience to any directions hereafter mentioned as if they were a part of the aforesaid Instructions.
It is resolved to attack at the same time both Quebeck and Montreal, the first by sea and the second over the lake from Albany, with a body of 1500 men, who are to be raised and armed as you will see in the inclosed Instructions. H.M. is now fitting out her Commander in cheif of the said expedition with a squadron of ships, and five regiments of the regular troops, who are to be at Boston by the middle of May, and there to be joined with 1200 of the best men of New England and Road Island; they are then to sail with all expedition to attack Quebeck, being provided with Enginiers, bomb-vessels, and all sorts of artillery for such an enterprise. At the same time the 1500 men from Albany, under the command of one whom you shall appoint, are to make the best of their way to Montreal, which place they are to attack, and if possible reduce to H.M. obedience.
You are to concert with the Governors of Pennsylvania and Connecticut the most easy and expeditious way of providing at Albany by the middle of May, or sooner, 3 months provisions for your respective Quotas of men, which provisions you are to lodge in a large wooden storehouse, as you will see in the aforesaid Instructions, to which I must add that you are immediately to order one half of the regular Companys with as many of the country troops as you shall think sufficient to cover the workmen that shall be employed on the said storehouse, and to guard the stores that are to be laid in it. In your negotiations with the Five Nations and River Indians you are to employ such as you think have the most influence on them, and in particular Col. Schyler, unlesse you have any objections against him, who as H.M. has been informed, is very well qualifyed for her service, and particularly known in these parts, for which reason he is likewise thought a very proper person to be employed in the expedition, and to be consulted with on the best methods of corresponding by Indian messengers overland with the expedition which is to go by sea to Quebeck, with which methods you are to acquaint H.M. Commander in cheif by letters as soon as he arrives at Boston. You are likewise to find out some of the most sensible Indians that you can confide in, whom you are immediately to send both to Quebeck and Montreal to bring the best accounts they can get of the numbers, fortifications, stores and provisions that are in the said places, for which you are to reward them as they deserve, and transmit to the Commander in cheif of the expeditions such, informations as they or any other persons shall be able to give you of the said places. You are also to acquaint the Commander of the troops which are to march from Albany, that he is to obey all such orders as he shall receive from time to time from H.M. aforesaid Commander in cheif of the expedition. And in case the abovementioned 1500 men cannot make themselves masters of Montreal for any want of force or artillery, they shall endeavour to block that up, so as to cutt off all communication between that place and Quebeck, and if H.M. troops can make themselves masters of Quebeck, the Commander in cheif will with all possible expedition send a reinforcement of the troops with him to assist in the reduction of Montreal. The pacquet in which this goes being directed in absence of Col. Vetch to your Lordship, as soon as it comes to your hands, you are to forward with all diligence the dispatches for the other Governours. Signed, Sunderland. 6¼ pp. [C.O. 5, 1091. No. 15.]
April 28.476. Same to Governor Dudley. H.M. having resolved to putt in execution severall proposals laid before her by Col. Vetch for driving the French out of the North Continent of America and Newfoundland did some time since dispatch Col. Vetch in the ship Dragon, with full Instructions to her Governours in those parts, in all things relating to the said expedition, as also with some officers and stores for the assistance of the troops to be raised in their respective Governments. But H.M. not judging it safe to trust the successe of the whole expedition to the uncertainty that may attend a single ship in so long a voyage, and considering that the success of the whole enterprise will in a great measure depend upon the readiness of the abovementioned troops to perform their part in the intended expedition, to the end that her Governours above-mentioned may not fail of timely notice to make such preparations as are enjoined them in their respective Governments, H.M. has thought fitt to dispatch another vessell with enclosed Instructions etc., as in preceding, paragraph 2. You are therefore as soon as this comes to your hands to send to the Governour of Rhode Island to meet you at Boston, that you may together concert the methods you shall judge most proper for executing H.M. Orders for having in readinesse the 1200 men to be furnished out of your Government and that of Rhode Island according to your usuall proportions, and to be at Boston by the middle of May with 3 months provisions and ships to transport them with able pilots (of which Capt. Southweck in the country galley to be one), and H.M. expects yt. these troops shall be ready with all necessarys to embark on two days warning, as soon as the forces and fleet from hence shall arrive. It is also H.M. pleasure that you cause to be built 10 large flatbottom boats, such as may carry 60 men each, and which are to be ready for the service of the expedition against the middle of May and because it may be of the greatest importance to the success of this Expedition, that persons be employed who know the Country and places to be attacked by H.M. forces. You are therefore to take all possible pains to find out such persons as have been prisoners formerly at Quebeck or Montreal, and also such of the Indians, to the number of 30 or 40, who you shall judge best acquainted with the country, and who may be made use of by the Commanders of H.M. forces in this Expedition, as they shall find occasion for them, and you are to inform yourself in as particular a manner as you can of the state of St. Johns and Placentia in Newfoundland, in reference to their strength, situation, the number of their garrisons and quantity of provisions, and nature of the ground about them, that you may be able upon the arrival of the expedition to give the Commander in Chief of H.M. forces such advice and information of the state of these places, as may be of use to him in the execution of H.M. Orders. Signed, Sunderland. 5¼ pp. [C.O. 5, 898. No. 1.]
[April 28.]477. Abstract of H.M. Instructions (above) to the Governors of New York and Boston. 4 pp. [C.O. 5, 9. No. 79.]
April 28.
Whitehall.
478. The Earl of Sunderland to the Governor of Rhode Island. H.M. designing an expedition for the reducing of Canada, and having sent the necessary orders about the part you are to act to the Governour of New England, I am ordered by H.M. to signify to you her pleasure, that as soon as this comes to your hands, you repair to Boston, there to concert with the aforesaid Govr. of New England, the proper methods for performing the service H.M. expects, and requires of you on that occasion, not doubting of your ready complyance with this. Signed, Sunderland. 1 p.
Mem. Similar letters to the Governors of Pensilvania and Connecticut. [C.O. 5, 10. No. 222.]
April 28.
Craven House.
479. Commission from the Lords Proprietors of Carolina to John Lawson to be Surveyor General for North Carolina. Signed, Craven, Palatine; Beaufort, Craven for the Lord Carteret, M. Ashley, J. Colleton, J. Danson, M. Ashley for Jos. Blake. [C.O. 5, 289. p. 210.]
April 28.
Craven House.
480. Instructions for John Lawson (supra). Signed as preceding. [C.O. 5, 289. pp. 211, 212.]
April 28.
St. James's.
481. Order of Queen in Council. Referring Acts of Pennsylvania, 1705, to the Council of Trade and Plantations to examine and report upon. Signed, Edward Southwell. Endorsed, Recd. Read May 5, 1709. 1 p. [C.O. 5, 1264. No. 67; and 5, 1292. pp. 135, 136.]
April 28.
St. James's.
482. Order of Queen in Council. Alexander Skene is to be restored to his offices and fees etc. Cf. April 18, and A.P.C., II. No. 1082. Signed, John Povey. Endorsed, Recd. 15th, Read 25th Oct., 1709. 1 p. [C.O. 28, 12. No. 40; and 29, 12. p. 28.]