America and West Indies
December 1709, 1-15

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Institute of Historical Research

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Cecil Headlam (editor)

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1922

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540-556

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'America and West Indies: December 1709, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 24: 1708-1709 (1922), pp. 540-556. URL: http://british-history.ac.uk/report.aspx?compid=73812 Date accessed: 21 April 2014. Add to my bookshelf


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December 1709, 1-15

Dec. 1.885. Col. Hunter to the Council of Trade and Plantations. Further Memorial relating to the Palatines. Set out, N.Y. Col. Docs. V. p. 113. q.v. Signed, Ro. Hunter. Endorsed, Recd. Read Dec. 1, 1709. 2½ pp. [C.O. 5, 1049. No. 139; and 5, 1121. pp. 469–471.]
Dec. 1.
Whitehall.
886. Mr. Popple to Richard Savage. Desires an Account of Naval Stores imported Christmas 1707—1708, specifying how many of those imported from the Plantations have had the allowance of the premium. [C.O. 389, 21. p. 1.]
Dec. 2.
Admty. Office.
887. Mr. Burchett to Mr. Popple. Encloses a draught of the Fort which Capt. Taylor caus'd to be made at St. Johns, and other papers, etc. Cf. Nov. 18. Signed, J. Burchett. Endorsed, Recd. 3rd, Read 5th Dec. 1709. 1 p. [C.O. 194, 4. No. 99; and 195, 5. p. 113.]
Dec 2.888. Col. Quary to [? Mr. Pulteney, Lord Commr. of Trade and Plantations. Of. Sept. 5th, 1710.] I did myself the honour of writing to you by the men of war from New York, since which I have visited all the Southern Governmts. All things are very quiet in Virginia and so will continue till the arrival of a new Governor. No Assembly has sat since the death of Col. Not, etc. Maryland, which I always took to be the most quiet and easyest Government of the Maine, the freest from all factions and partys, is now by the ill conduct of the late Governour run into as great extravagancy as any of the rest. I found the Assembly setting on a prorogation, and the President and Council very inclineable to make a session of it by passing some Acts. I thought it my duty to mind them of H.M. Instruction, that in such a case as ye death of a Governr., they shou'd pass no Acts but such as were of absolute necessity etc. I prest this the more, knowing that there were two Acts of the greatest consequence that wholly depended on the next Sessions, the Militia Act, and the Act for all Officers' Fees, these two Acts I found that the Assembly were resolved to damn, and they had no way to effect it, but by getting some Act passt to make a session. I acquainted the Council with the design of the Assembly, and gave them all the caution I cou'd, the truth of which appeared plainly that very day, for the Assembly sent up a very triffling bill, which was all to confirm all the process and proceeding of a particular County Court, by reason the Justices of that Court were Members of ye Assembly and cou'd not attend to hold the Court: with the Bill they sent a message to the Councill requesting that the Bill might be past that very day, else it wou'd not do; this opened the eyes of the Council, and made them see the real design of the Assembly, which I so well improved, that they resolved to pass no Act or make a Session unless they cou'd have the Militia Act, and the Act for the Officers fees revived. I still prest to have the Assembly adjourn'd to such a time as they might reasonably expect the arrival of a new Governour. But I found the President and almost all the Council resolved to have a sessions, provided they cou'd secure those two Acts, and accordingly after several messages a Conference was appointed and the same day a Bill was sent to the Council for reviving those Acts; when it was read, it appear'd to be limitted to 6 months after the arrival of a new Governour, and no longer. The President and Council were very much pleased with this Bill, and some of them took occasion to say, that they cou'd not have expected so great a complyance from the Assembly, which forced me to say with some warmth, that the Bill was a very pernicious one, and ought not to be past if they had any regard to the Queen's interest, to that of the Country, to H.M. Instructions, or to their oaths as Counsellors, which I demonstrated by shewing them, that those two Acts were now secure, the Militia Act was of the greatest consequence to the country, and shou'd they give it now up, there was but very little hopes of ever getting it renewed, at least so as to answer the end. And as for the Act for the public officers' fees, if once they let it drop, they very well knew that it never wou'd be revived, but all the officers must be ruined, especially those belonging to H.M. and in her guift; the consequence of which will be not only a very high injustice to the Queen, but very injurious to the Country. I beg'd them again to consider the Queen's Instructions and their oaths, and not proceed further with the Assembly at this time, but leave things as they are till a new Governor came, since there was no necessity for passing any Act. They all seemed uneasy, and told me, that shou'd they send home this Assembly without doing business, the Country wou'd clamour at them, and be in a flame; I answer'd that no man of sence wou'd blame them for observing the Queen's Instructions. They were pleased to say that there must be an Act past to settle the levies (most of which is for paying themselves for their attendance in Assembly). I said that there was no necessity for passing such an Act now, for at worst it was but a short delay till a Governor came, that it took away no man's property, and a little delay wou'd not be of a thousand times the ill consequence as the looseing two such Acts, which I had reason to believe wou'd never be recovered again, but after all I cou'd say, I found that they were resolved to make a Sessions, and (if I mistake not) some of them as willing as the Assembly. I stay'd some time after this, to try if I cou'd alter their opinion, or do the Queen Service, but finding I cou'd not, I told them that I thought the end of H.M. appointing me one of her Council for that Province was, that I might to the utmost of my power defend her prerogative and just rights, and to give such advice as in my judgement was most for her interest and service, and that I shou'd pay all due obedience to her Royal Instructions. But finding it was not in my power to answer any of those ends, I therefore resolved to leave them, and hasten where my duty and H.M. service called me, and leave them to answer for what they shou'd do, so took my leave and came away. And since my coming hither, I hear that they have passed several Acts. I have sent to the Clarke for a copy of all their proceedings, which I will send to your Honours by the first oppertunity. I am oblig'd to observe to your honours that all the Assemblies on the Maine are running into very great extreams; they design to have the Governors and all officers who [lly to depend on them]; the truth of this will appear to your Honours by the Acts lately past in the Governmt. of New York. I wish my Lord Lovelace had not given them a handle for what they did by some steps he took in the Jerseys, however I believe his Lordship saw his mistake, and had he liv'd wou'd not have passed those pernicious Acts in N. York, but the Assembly taking the advantage of my Lord's death, made use of the proper meanes to give their point by ruining all publick officers, and by issuing out the Colony money (as they call it) to whom they please, which will oblige all to depend on them. If I durst speake plain English, I cou'd shew the fatal consequence that these proceedings must be to the Queen's interest and service in all these Governments. I presume your Honble. Board will not think fit for the future to lodge a power in the Council to pass Acts of Assembly on the death or absence of the Queen's Governour. I do assure your Honours that the generality of the Councills being Gentlemen of the Country are wholly in the interest of the Assembly, and as ready to lessen the prerogative in all things as they are, and therefore it requires care in the choice of them, and those that are steady to ye Queen's interest ought to be supported and encourag'd. I cou'd mention many wrong stepps that have been taken by some Governors in their recommending to your honourable board persons fitt to be of the Council, etc. The Assembly of this Government [? Pennsylvania] are run into the greatest extravagancy and confusion that ever people were in; they resolve to have all the power in their hands, the appointing of all officers, and all Courts of Judicature, they pretend to a power of apprehending and imprisoning any of the Gentlemen of the Council that they please, and have actually issued out their warrants accordingly. It's im[possible for me] to tell the confusion that they are in; the present Lieut. [Governor do's with] most courage oppose them and assert the Proprietor's rig[hts, but things are] now come to that pass, that in the opinion of all, the Pro[prietors must of] necessity be forc'd to surrender this Governmt. into the Qu [een's hands. The] Secry. of the Province goes home in this ship on purpose [to represent these] matters to Mr. Penn, and to shew him the necessity of his [resigning up the] Governmt. I thought it my duty and for the Queen's [service to give your] Honours this hint. I will not trouble your Honours about the [present unhappy] circumstances of the Northern province occasioned by [the disappointment] of that noble designe against Canada, since the Honble. [Col. Nicholson's] lately gone to London, who is a person the best able to [set all those] affairs in a true light. Signed, Robt. Quary. Endorsed, Recd. June 21st, Read July 12, 1710. Copy. Torn. 3 pp. [C.O. 323, 7. No. 1; and 324, 9. pp. 434–441.]
Dec. 2.889. Copy of Act of Maryland, reviving an Act for limitation of Officers' fees, Nov. 4, 1709. Enclosed in preceding. Same endorsement. 1 p. [C.O. 5, 717. Nos. 9, 10.]
Dec 3.
Admty. Office.
890. Mr. Burchett to Mr. Popple. Encloses further papers relating to Newfoundland (Cf. Dec. 2). Signed, J. Burchett. Endorsed, Recd. Read Dec. 5, 1709. 1 p. Enclosed,
890. i. Plan of the Fort of St. John's, referred to Dec. 5. Endorsed, Recd. Dec. 5, 1709. 1 large p.
890. ii. Mr. William Keen's Journall of the takeing of St. John's, 1709. Dec. 21, 1708, about 4 this morning wee were allarm'd by the fireing of severall musquets, and were within half an hour's time surprized to heare the Fort was taken without makeing resistance, some small time after the Fort surrendred, the Castle took ye allarme, and fired 2 guns, all the inhabitants of that side, being about 60 men, were retired to the Castle, about 7 this morning two French officers came to assure the inhabitants of good quarters, and took with them the most master inhabitants and merchants into the Fort, where I saw Major Lloyd very heavy ey'd and little notice taken of him. In entering the Fort the French lost 3 men kill'd by the inhabitants; about 5 in the evening the inhabitants and servants were imprisoned in store-houses, excepting some few that were left in their own houses, a fire hapned and burnt two streets of houses. Mr. Russell was committed to the guard in the guard-house. Mr. Will. Keen was confin'd with a guard in his own house; Capt. Larron Dennis was sent to have the Castle surrender, which was at first refused, the next day, Dec. 22, the people gave up the Castle with their cannon charg'd, the French hoisted a white flagg and fired 3 gunns, the people by this surrender was to have their cloaths and provisions and reinstated in their houses, which was not comply'd with. The 24th St. Ovide de Brouillian, Commissnr. of the French forces, sent 477 men prisoners to the Church, and the house of Mr. Collins, allowing them for their subsistance 1lb. of bread, 40z. of pork and 40z. of pease per diem; the prisoners were sett in ranks and counted by the Indians, who threatned, if they found any to absent themselves, they would kill as many more in their roome, the 25th the French were examining the master inhabitants and others relateing to the goods etc. that were in the harbour and took an acct. of the same, the 26th an express from St. Ovide went to Placentia by land. The Enemy were commonly in the Fort, and did not much resort among the English untill the returne of their express, which was 19 days. The French were lookeing out for the best shalloways etc. yt. were in the Harbour, and accordingly found two which they equipt, and one cut to peeces, one of which they loaded with some of the best plunder, and put Major Loyd, Lt. Phillips, Engineer Vane and his wife with one French Officer call'd Le Chevalier de Pen, and sent them to Placentia. Jan. 8. M. St. Ovide sent an officer with proposalls of ransoming the shallops and fishing craft to the inhabitants, desireing their answer within 24 hours, and unless the people would ransome, he would send them prisoners, their women and children to Canada, affirmeing it was his Masters' intention to take possession of the country. The inhabitants desired some longer time to consider, but could have no longer time. The next day sail'd one (?) Geon. Mr. Pensance a passenger in a shalloway for France to acquaint the Court of their proceedings, after which the inhabitants were a second time assembled at the house of Mr. Benjers, where the said Larond left the people by produceing the Article St. Ovide had made, the greatest part whereof were refused by the severall alterations which were made, Laronde protesting, before 'twas night all the houses and boats in the harbour should be in flames, the inhabitants fearing their threats, some consented to the ransoming that night, and the next day it was concluded upon; the Articles wrote in French and English were sign'd by both partys; soon after return'd their express from Placentia, as also one sloop with about 40 men, and in some few days arriv'd the Venus, a shipp of 20 gunns and 250 men, two small sloops in order to load their plunder; some men were taken out of the shipp to keep in the Fort, severall boats were cut up for firewood, and many more burnt by the French with store-houses which were not ransom'd; a party of men were sent from this place in order to take Ferryland, commanded by Laronde, but had no success, the people resolving not to give away the Island, nor would they admit of a flagg of truce, the inhabitants cut up their boats for to hinder any landing. Upon Larond's returne, St. Ovide resolved himself to take it at the head of his men, and made as sure of it, as he did of St. John's, the people belonging to the shipps were getting the best of their goods on board their vessells, and dismounting their cannon at the Fort, and getting everything in order for their departure, the ice coming hinder'd them very much and detain'd them near a month longer then was expected, the houses in the Fort were burnt with some few necessarys in them, some few days after ye Fort was demolished, and St. Ovide remov'd to the Castle, Mr. Lartice, one of his officers, was there blown up with powder, St. Ovide and severall others had escaped the danger, there being in the next roome near 20 quintalls of powder, in order to blow up the Castle and demolish it, which had like to have taken fire. March 27 St. Ovide sent for some of the principall inhabitants, and told them they must prepare to go with them to Placentia, to give his Master an account of what he had done to the inhabitants here, and he promised upon his word and honour, he would returne them in 15 or 20 days at farthest, and took on board, Mr. Richd. Cole, Mr. Allin Southmayd, Mr. Wm. Keen, Mr. Thomas Russell, and Mr. Wm. Nicholls, and sail'd out of St. John's, the wind not being faire, put back into the harbour, and took on board Mr. Colins, and Wm. Squarry, and carried to Placentia. Aprill 5th the Venus and sloop were before Ferryland. The English prisoners on board the Venus remain'd on board two days after her arrivall, the third day sent for before the Governour, severall questions were ask'd relateing to the treatment of the English by St. Ovide, after examination were sent to separate houses, to live upon their own expences; when the time was expired that St. Ovide had given his word and honour for the return of the prisoners, he was ask'd leave by the prisoners to be sent home, his answer was, tarry patiently four days, and you shall be sent away, after that four days, four days more; untill the Governor assembled together 3 of his officers, and made us sign to ratify and confirme ye ransomes, with his promise that the prisoners then in his custody should be sent to St. Johns in a little time. May 1st consultations was call'd relateing to the English prisoners, and it was concluded as we heard, that all the prisoners belonging to St. Johns of H.M. garrison should be sent to Canada. The 10th a messenger from the Grand Seigneur to order on board the Venus Messrs. Russell, Keen, Southmayd, Cole, Collins, Squarry, Digor Heart, Jno. Gross, Rich. Bowden, and Jno. Elliot, there to be kept close prisoners, and not permitted to speake to any person whatsoever nor to have the liberty to walk the deck without a centinell. The 13th sail'd a small shipp and one sloop with the English prisoners on board for Canada, among whom was Mr. Loyd and Mr. Phillips; we were detain'd on board close prisoners untill May 18, and had nothing allow'd us for our subsistance, and had only liberty for one day to go ashoare to buy our provisions; the 18th the Governor sent for the English prisoners on shoare, and told them he had a design to enlarge our liberty upon giveing our word and honour that we would not depart without leave, which we gave him, and were return'd to the Great Beach, excepting four that were sent to the Redoubt prisoners; some few days after was sent to St. John's one La Valleere with one French and two Indians, by whome the Governor gave leave and liberty to write to St. John's, upon delivering the letter with his perusall, and promised the prisoners that in a few days they should be set at liberty, the 26th arriv'd the Fiddell man of warr from France, 54 gunns, in which came over 200 soldiers, which were design'd for the reinforceing St. John's Forts, expecting the French had not quitted it, the Gentl. that was sent by St. Ovide with an express to Court, return'd in the Fidell, and St. Ovide recd. news of his being created Knight of the Military Order of St. Lewis, and Governour of St. John's. June 2nd arriv'd the Galliard from Port Lewis, belonging to ye King and hired by merchants, 200 men, who was design'd to cruise on the coast of New England; the 4th return'd La Valleer from St. Johns and inform'd the Governour that if our fleet was not arrived, that there were two galleys that arrived off, to discover the arrivall of our Fleet, that the said galleys had been at Bay of Bulls for intelligence, to direct our forces, that were expected there. Wee imbarqu'd in a small ketch bought by the prisoners with the Grand Snr's. leave, for St. John's and arriv'd June 26; at my departure thence were arriv'd 43 sail of shipps, twelve from 10 to 20 guns each, their Fort is very much out of repaire, and a great number of men daily imploy'd at work in repaire of the same. They have double palisado'd the westernside of the same, and mounted severall gunns against the entrance. The Fort is only built with pallisadoes, and fill'd up with dirt, without any manner of ditch. The Fort has in it mounted upwards of 40 gunns: the Redoubt upon the Hill, which looks down into the Fort hath now in it about 16 gunns, which were cary'd from St. Johns, the Redoubt palisado'd round, and some small coverts built with palisadoes for the defence of their passage to the water, at the foot of the Hill on the larboard side, comeing in upon entrance, is a small battery of 10 gunns, and about a quarter of a mile from that lyes another small [?battery] of 6 guns, all their force lying on the larboard side aforesaid, at the narrow entrance of the Harbour is now fix'd two small chains and a new cable, the chains link about 4 inches diameter layd slanting by reason of the prodigious current. Endorsed, Recd. Read Dec. 5, 1709. 3½ pp.
890. iii. Copy of the proposals of the inhabitants of the English part of Newfoundland for ransoming their goods. We inhabitants of St. Johns, Petty Harbour, Bay Bulls, Quidividi, Tar Bay, Portugal Cove and Parlican, have this day desired and do humbly desire Monsr. de Ovide de Bruillan, King's Lieutenant at Placentia and Commander in Chief of the Fort of St. Johns, and the Harbours abovementioned, to grant us the liberty (if it be his good pleasure) to ransom and buy our goods as they are specify'd in the 9 following articles. (1) We promise and engage one for the other to pay to M. St. Ovide de Brouillian 100 quintals of fish for each shallop, and 50 quintals for each half shallop (wch. shall be sent a fishing by said inhabitants) of the first fish that shall be cured, and in case the English or other nation take this Port, or that it be abandon'd by the French, we promise to pay to the said St. Ovide de Brouillan, or to his order in London, £70 sterl. per boat, in good bills of exchange, for performance of which we have deliver'd you 3 ransomers until perfect payment of said ransom, which shall be in Aug., Sept. or Oct. next. (2) That our houses situated in the harbours above-named may be preserved in the same estate as they are at this day, with all our cloaths, and the cloaths of our families. (3) There must be no manner of damage done to our stages, flakes, shallops and other utensils of the fishery that we have actually in possession. (4) M. de St. Ovide is only to furnish us with 20 hhds. of salt for each ransom'd shallop, and 10 to each half shallop. (5) That no waste or damage be done by the French to the victuals that we have in our houses for the subsistence of our families. (6) After we have began the Fishery, there shall be no manner of hindrance, but all shallops suffer'd to go to sea, as heretofore. (7) If anything be taken from an inhabitant, or any spoil made by the French, contrary to the above articles, the same shall be returned or the value, and the offender punished as M. de St. Ovide shall judge proper. (8) We promise upon our word and honour not to commit any acts of hostility against the French, but to live as neuters, until our ransom be comply'd with and paid. (9) If after said time the French dwell masters and peaceable possessors of this port and harbours abovenamed, then we shall have free liberty to buy or ransom some small vessels sufficient to transport us to New or Old England, with our effects, after our ransom be paid and acquitted. And if any inhabitants have a mind to reside in the land, they shall have free liberty, and their houses and effects shall be defended. St. Johns, Newfoundland, Feb. 2, 170 8/9. Signed, St. Johns, owners of shallops, John Marshall, Gilbert Jane, James Fuss, Thomas Greeny, William Roberts, (1½), Giles Goree, Richard Goodbed, Nehemiah Hore, John Studley, Edward Sheppard, John Martin, Bartho. Webber, Samuel Nick, Richard Miller, John Tucker, Henry Jeffry, Rupert Harris, Pancras Collin, John Drew. Petty Harbour:—Thomas Ford (2), Richard Colesworthy (1½), John Lee (1½), Elias Cunditt (2), John Stripling, Richard Willson, Nicholas Langley, William Langmayd, John Chasse, Edward Hill, Adam Shiliver, John Wakem, Andrew Holman, John Marshall. Bay of Bulls:—William Hancock, William Squarry (2), Joseph Knill (½), Edward Weeks, William Bole, John Chasse, Samuel Hendly, William Woodmason, John Campion, Samuel Windsor, John Rex (2), Nicholas Cunnitt, John Wallis, John Mitchell, Sarah Short. Quidividi:—John Elliott, William Nicholls and Richard Tapley (3), Robert Sellman, Gregory Cole, William Bargus (2), Richard Bawden, Rowland Martin, Thomas Roberts, Thomas Carter, George Laudly, Thomas Johnson (1½). Tar Bay and Portugal Cove:—John Cock (2), Philip Stuckey, Abraham Barrett, Alexander Green. Same endorsement. 1 large p.
890. iv. Copy of the Ratification of the Articles made with M. de St. Ovide. This day, May 6, 1709, at Placentia, at the Government House before Mons. de Costebelle, Governor, etc., Alyn Southmayd, Thomas Russell, Wm. Keen, Richard Colesworthy, John Collin, Wm. Nicholls, William Squarry, English merchants residing at St. Johns, declare that there has been nothing done contrary to the Laws of war, and have done nothing in all the articles by them made with M. de St. Ovide, wch. are not accomplished and ratifyed, before us the Governor confirming the said articles of St. Johns, for the accomplishing of which we have detained and do retain for hostages Thomas Greeny, Richard Page and William Nicholls, until intire payment of the summs in the general covenant made between the said inhabitants of the harbours of St. Johns Quidividi, and Petty Harbour, etc., the which are obliged equally one for the other; etc. Signed, De Costebelle. Same endorsement. 1 p.
890. v. Observations made by Mr. Allen Southmayd and Jno. Collin in Placentia, June 1709. Description of the Fort, Castle, Batteries etc. Cf. No. ii. They have now 50 men constantly in the Castle, and upon an allarme M. St. Ovide takes his place there; the Castle itself is scarce large enough to hold 150 men when they come to a reall engagement. The 6 brass gunns from St. Johns are mounted here, and all the choicest of their cannon, esteeming that place their only security, it being impossible for the Fort or any part of the harbour to hold out one hour after the takeing this castle. … When we came from Placentia there was 43 sail of shipps with one man of warr of 56 gunns, and 6 or 8 shipps that mounted from 14 to 26 gunns, the rest being generally large fly-boats but without force. They reckon there is belonging to the shipps about 3000 men, including those that fish at Cape St. Maries and other places, which wee judge to be near 1000. The soldiers in Fort and Castle 350, and the inhabitants in and about Placentia 700, very few shipps more was expected, when wee came from Placentia (June 15); the inhabitants and officers of the garrison have plenty of mony there, haveing severall shipps from the South Sea been lately there, which have left large quantitys behind them. Abundance of plate they also have, there being lodg'd most of the plunder taken on the English coast of Newfoundland both this and the last warr; the inhabitants are very fearfull of looseing the place, wee haveing heard them provideing provisions and other necessarys to carry in the woods with them, in case they should be attacqu'd this summer. They have advice every other day from Cape St. Maries per land, where they keep a watch to discover what shipps enter the Bay, and upon the discovery of a Fleet, they have a beacon which they fire at point de Vert, on sight of which all the fishing boats are to repaire to Placentia. From thence they send to St. John's or any other English harbour, and in 8 days returne againe, there hath been severall times people carry'd from St. John's and other places in Newfoundland to Placentia and made servants, and thereby engage them so much to their interest that at this time there is not less then 40 or 50 English and Irish that have declared themselves subjects to the King of France, and have severall times taken up arms against the English. Same endorsement. 3 large pp.
890. vi. Mr. Digori Hearl's description of the Castle and Fort of Placentia, 1709. Same endorsement. 1 p.
890. vii. A. Holdworth and H. Hayman to Capt. John Shales, Commander of H.M.S. Rye and Cheif of the Newfoundland Convoy. St. Johns, July 5, 1709. Refer to their ransom, ut supra. Continue:—We have great reason to fear the trade of this harbour being in all about 15 sayle ships, may be in great hazard of the enemy, unless are strengthned with more force, having no manner of batterries ashoar, neither can we adventure to land any gunns, least should prove to our prejudice by the enemy pointing them against ourselves. We offer that Fort William may be in a little repaired, so as that the inhabitants may for the winter there retire and build their houses, otherwise they must lye wholly exposed to the enemy, etc. Signed, Arthr. Holdworth, Admll., Hen. Hayman, Vice-Admll. Same endorsement. Copy. 2 pp.
890. viii. Amount of Stores supplied from H.M. ships in Newfoundland by order of Capt. Joseph Taylor, 1709. Signed, Jos. Taylor. Same endorsement. 3¼ pp.
890. ix. Major Lloyd to Capt. Henry Pearden, Hayman, Moxom, Bronsuns, or Paence. May 9, 1709. I cannot write you half as much as you will hear at St. Johns. I was surprized that is the worst that in justice can be said of me, and that is too much. I referr you to some matters of triffles to a letter to Mr. Short, and in general to what you always practised, to hear, see, and judge deliberately. They are vertues uncommon, therefore of the greater value when found. It is without dispute, your experience of the world knows, that common vogue changes of men, according to the fate of actions, but with men of justice and sence it will be allowed otherwise, the fast of now being in the hands not of men, to deside. Had — stood neuter, I should not have lost St. Johns. I would writ more but it signifies nothing at this distance. I know not who of our friends are with you, etc. Signed, Thomas Loyd. Copy. 1¼ pp. [C.O. 194, 4. Nos. 100, 100.i.–ix.; and (without enclosures) 195, 5. p. 114.]
Dec. 5.
Whitehall.
891. Council of Trade and Plantations to the Earl of Sunderland. Enclose following:—
891. i. Council of Trade and Plantations to the Queen. Recommend Col. Hunter's proposals for settling 3000 Palatines at New York and employing them in the production of Naval Stores. Set out, N.Y. Col. Doc. V. 117; and Doc. Hist. N.Y. III., 382. q.v. [C.O. 5, 1121. pp. 472–487.]
Dec. 7.
Barbados.
892. [? Governor Crowe] to Mr. Secretary Boyle. Fifteen dayes after sailing of last packet, I had two letters from H.M. delivered me, countersigned by you: I am sorry to find that false insinuations has made so deep an impression to my prejudice. As to Gillingham's Order, it was read the very first Court that could be made, after recept thereof. Refers to enclosure. So that my refuseing to obey therein is as far from truth as my inclinations to disobey what H.M. is pleased to command. Neither in point of time from the delivery of said Order to me (wch. was July 12th to Aug. 8th that the 2nd order was granted) was it possible to know any Resolution to be taken upon it, and you'l find by the publication of said Order, the very first Court that held, which was Aug. 12th, that there was no delay in me. I humbly begg that H.M. may be informed thereof, and I doubt not but to make all the other accusations against me appear in the like stamp. Judge Downes has been acquainted with his dismission, and I shall take care to appoint another before the Courts sitts. I cannot but observe that his removal was also ordered upon bare suggestion without so much as a hearing; 'tis a very difficult thing to find men of probity here for such posts, and far more for assistants, who have no sallary or any manner of advantage for their trouble and expence of attendance. No signature or endorsement. 1 p. Enclosed,
892. i. Certificate by Governor Crowe that the following are true copies. 1 p.
892. ii. (a) Memorandum upon July 12, 1709, H.E. attended in Council but owing to the absence of George Lillington, through indisposition, and Mr. John Hallett being obliged to leave through illness, was unable to make a Council, and therefore the Council and Court of Chancery were adjourned untill the day in course. Signed, A. Skene. Council Chamber, att Pilgrim.
(b) Deposition of Thos. Hide, Depty. Register of the Court of Chancery, that upon Aug. 12, he did by order of H.E. publish in open Court H.M. Order in Council March 31, 1709. (quoted). 3 pp.
892. iii. Joint Letter from the most considerable Proprietors of Barbadoes, to Col. Richard Scot, Col. Robert Stewart, Richard Bate, Patrick Mein and Thomas Fullerton, and other friends in England having estates or interests in the said Island. We intreat you to concern yourselves in the petition we have signed to the House of Commons representing that, unless the trade to Africa be carried on by a Company of a sufficient Joint-Stock, we shall not have a sufficient number of slaves imported here, or at such rates as we may be able to purchase them, even in time of peace. By which misfortune, we shall not be in a condition to support our Plantations. The late high prices for negroes has risen from no other cause but the liberty given to separate traders, etc. 77 signatures. Printed. 1 p. [C.O. 28, 43. Nos. 36, 36.i.–iii.]
[Dec. 7.]893. Receipt for Order in Council, Feb. 27, 1708, concerning Mr. Mackasgell. Signed, A. Skene, Secretary, May 19, 1709. Endorsed, Recd. (from Col. Stewart), Read. Dec. 7, 1709. ½ p. [C.O. 28, 13. No. 2.]
Dec. 8.
Whitehall.
894. Mr. Popple to Mr. Burchet. Returns Newfoundland papers (Dec. 2 and 3) with request to be allowed to keep certain duplicates. [C.O. 195, 5. p. 116.]
Dec. 9.
Whitehall.
895. Council of Trade and Plantations to Governor Crowe. Acknowledge letters of June 20, Aug. 9 and Sept. 2. We are glad to perceive you have got so good a stock of powder. We shall will not doubt of your care that it be not imbezeled. We shall expect the accounts of the Revenue so soon as they are stated. We have consider'd what you write in relation to the complaints of William Bushel, which at present appears to us satisfactory. If anything further be moved therein, we shall have recourse to your letter. Enclose Orders in Council Nov. 18. You are to take care for the future that no countenance be give by you or the Council to the Assembly's pretended right of appointing Agents, exclusive of the Governor and Council. We find by the Minutes of Council, May 12 last, that £500 was given for furnishing your cellers, and that the same has been done several times before. This we look upon as a direct breach of your Instructions forbidding you to receive any presents whatsoever, and tho' when it was done upon your first arrival, no notice was taken of it, you ought not to have accepted of it afterwards, H.M. Instructions being very express in that matter. As to what you write in relation to the 2 Captains of H.M. ships of war, if that matter be referred to us, we shall report the same to H.M., as it shall appear upon examination. [C.O. 29, 12. pp. 63, 64.]
Dec. 10.
Whitehall.
896. Mr. Popple to Mr. Savage. Desires to know whether the Commissioners of the Customs have anything under consideration in relation to Mr. Bridger, Surveyor General of H.M. Woods in America. [C.O. 5, 913. pp. 127, 128.]
Dec. 10.
Whitehall.
897. The Earl of Sunderland to the Council of Trade and Plantations. The Queen having thought fit to appoint the Right Honble. George, Earl of Orkeney, to be Governor of Virginia, I give you notice of it, that you may prepare a Commission and Instructions for his Lordship as usual. Signed, Sunderland. Endorsed, Recd. Read Dec. 14, 1709. 1 p. [C.O. 5, 1316. No. 40; and 5, 1363. p. 1.]
Dec. 12.
Customhouse, London.
898. Mr. Savage to Mr. Popple. Reply to Dec. 1. The Commissioners of the Customs have no particular acct. of the præmiums. You are referred to the Commissioners of the Navy. etc. Signed, Richd. Savage. Endorsed, Recd. Read Dec. 13, 1709. ¾ p. [C.O. 388, 12. No. 62; and 389, 21. p. 3.]
Dec. 12.
Customhouse, London.
899. Mr. Savage to Mr. Popple. Replies in the negative to Dec. 10. The Commissioners of the Customs have not properly any cognizance of that office. Signed, Richd. Savage. Endorsed, Recd. Read 13th Dec. 1709. Addressed. ½ p. [C.O. 5, 865. No. 35; and 5, 913. p. 152.]
Dec 13.
Whitehall.
900. Council of Trade and Plantations to the Earl of Sunderland. Enclose extract from Governor Handasyd's letter, Oct. 20, relating to pirates. [C.O. 138, 13. p. 77.]
Dec. 15.
St. James's.
901. Order of Queen in Council. Repealing Acts of New York for regulating fees; for relieving the Colony from divers irregularities; and for enabling the City of New York to raise £600, etc. (Cf. Nov. 29). The Acts for levying £6000; and £4000: and for bills of credit for £5000; are to be further considered. Signed, Chris. Musgrave. Endorsed, Recd. Read Dec. 22, 1709. 2½ pp. [C.O. 5, 1049. No. 142; and 5, 1121. pp. 493–496.]
Dec. 15.
St. James's.
902. Order of Queen in Council. Confirming 9 Acts of New York, 1708, 1709. Signed, Chris. Musgrave. Endorsed, Recd. 9th, Read 12th Jan. 1709/10. 2½ pp. [C.O. 5, 1049. No. 154; and 5, 1122. pp. 146–149.]
Dec. 15.
St. James's.
903. Order of Queen in Council. The Council of Trade and Plantations are to prepare a clause to be inserted in the Instructions of the Governor of New York, directing him to reconsider the Officers' Fees (cf. Nov. 29), and with ye advice of the Council to prepare a new bill if need be. Signed, Chris. Musgrave. Endorsed, Recd. Read Dec. 22, 1709. 1 p. [C.O. 5, 1049. No. 143; and 5, 1121. pp. 496, 497.]
Dec. 15.
St. James's.
904. Order of Queen in Council. Repealing 3 Acts of Maryland, for erecting ports and towns etc. 1706–8. Signed, Chris. Musgrave. Endorsed, Recd. 9th, Read 12th Jan., 1709/10. 2 pp. [C.O. 5, 717. No. 2; and 5, 727. pp. 161, 162.]
Dec. 15.
St. James's.
905. Order of Queen in Council. Repealing Act of Maryland for ascertaining damages upon protested bills of exchange (Nov. 29). Signed and endorsed as preceding. 1½ pp. [C.O. 5, 717. No 3; and 5, 727. pp. 162, 163.]
Dec. 15.
St. James's.
906. Order of Queen in Council. Repealing Act of Virginia for establishing ports and towns. Signed and endorsed as preceding. 1½ pp. [C.O. 5, 1316. No. 42; and 5, 1363. pp. 37, 38.]
Dec. 15.
St. James's.
907. Order of Queen in Council. Referring following to the Council of Trade and Plantations for their report. Signed, Chris. Musgrave. Endorsed, Recd. Dec. 17, Read Jan. 4, 1709/10. 1 p. Enclosed,
907. i George Gordon to the Queen. Richd. Downes, Judge of the Precincts of St. Michael, Barbados, refuses to admit Petitioner's Deputy Marshal in manifest contempt of H.M. Instructions June 9 and 18, 1709. Prays for relief etc. 1¾ pp. [C.O. 28, 13. Nos. 6, 6.i.; and 29, 12. pp. 66, 67.]
[Dec. 15.]908. Reasons for reducing the Pyrates at Madagascar, and proposals humbly offered to the House of Commons for effecting the same. (See following.)
Certain Pyrates having found the Island of Madagascar to be the most proper if not the only place in the world for their abode, and carrying on their destructive trade with security etc., and being since increased to a formidable body are become a manifest obstruction to trade, and scandal to our nation and religion, being most of them, English, at least 4/5ths. Upon a General Peace, when multitudes of soldiers and seamen will want employment, or by length of time and the pyrates generating with the women of the country, their numbers should be increased, they may form themselves into a settlement of robbers, as prejudicial to trade as any on the coast of Affrica. It seems morally impossible to reduce them by force, for the pyrates have, by their liberality in bestowing part of their booties on the inhabitants, so gain'd their love and esteem that, should any superior force be sent to reduce them, they might readily march up far into the country and be safe. Fair means is the only way to reclaim them; and in order to it endeavours of that nature have been used, but so ill managed that several of the pyrates who relied upon promises (and even Proclamations) and thereupon surrender'd themselves, having lost some their lives, all their effects, and been treated in a most inhumane manner, it is not to be expected the rest should come in without more ample security for the safety both of their lives and treasure, but have declared they are still willing to come in, on condition they were rendered secure to their satisfaction. And though their treasure has been all got by robbery, yet since it can never be restored to the owners, having been taken (mostly, if not wholly) from the subjects of the Great Mogull, etc., and now lies buried or useless in or near Madagascar, it's much better they should be permitted to bring it to England with safety, where it may do good, etc., and the pyrates be reclaimed and become bold and skilful mariners and subjects of H.M. etc. Proposes that a person of considerable quality, well known to them, be sent with a pardon and conditions of surrender; and escort them to England with a squadron of 4 or 5 H.M ships, etc. Printed. 3¾ pp.
908. i. Marquis of Carmarthen to the Queen. Upon [preceding] memorial presented by petitioner, the House of Commons resolved that an humble address be presented to H.M., that she will be gratiously pleas'd to take into her royal consideration how the pirates at Madagascar may be suppressed. Petitioner further proposes that this expedition should capture Mombasa, Patta, etc. from the Arabians of Muscat, and that he should command it. Signed, Carmarthen. 3¼ pp.
908 ii. Deposition of Laurence Waldron, barber-chyrurgeon. In 1700, he shipped from Carolina with Capt. John Breholt, on the Carlisle who with the rest of his officers then declared his intention to go to Madagascar a pyrating. The crew getting drunk at the Island of Fiall discovered the Captain's intention, and were arrested, but the rest of the crew cut cables and escaping the guns of the Fort sailed away to Africa and amassed good treasure by piracy at Madagascar. The captain and his men were kept several months in the Castle at Fiall, and thence removed to Lisbon, and after a year's imprisonment, no act of piracy being proved against them, they were discharg'd and so came for England. There the Captain visited Peter Dearlove, a shipwright, one of the company that went away with the ship from Fiall, who was in the Marshalsea prison for pyracy. Dearlove fram'd a pretence that he knew of a rich wreck of a ship called the Bon Jesus, in the West Indies, by which stratagem he drew in the Lord Fairfax to support him and gett him bayl'd out of prison, and afterwards put his Lordship to great charges to provide shipping to go and take up such pretended wreck; and after some time he clandestinely left his Lordship and conceal'd himself from him; and then confederating with one Haskett (Coll. Haskett), the said Breholt, and one Freame, a ship-builder, did by meanes of Haskett and Freame, draw in the Lord Rivers and several other gentlemen to the expence of many thousand pounds in providing and equipping ships for going upon such pretended wreck, matters being so concerted that Haskett was to go Commander in Chief of the said ships, and Dearlove the pilot. But Breholt only acted behind the curtain, that his ill charectar might not defeat their reall design, which was to get out to sea and then to carry the said ships to Madagascar, upon a Scotch pardon for the pyrats there, that Breholt pretended to have gott. But when they were almost ready to sail, a certain person who knew their villanous intention, discovered the same to the owners of the ships, who turning out Haskett, Dear-love ran away from them likewise, and went with Breholt for Scotland, and have been for some years endeavouring there to get out with ships, but failing thereof, are returned into England, and prosecuting such their design here, in order to get to their old friends and ship's company at Madagascar. May 17, 1709. Signed, Lawr. Waldron. 1 p. (For Breholt cf. C.S.P. 1699, 880.ii., 807; and 1700. 523.xv.Liv. etc.)
908. iii. Depositions of Lawrence Waldron and John Clough as to Capt. Breholt's piratical character. June 16, 1709. Signed, Lawr. Waldron, Jno. Clough. ¾ p.
908. iv. Deposition of Elizabeth Woodstock, Barbara Ramsey and Ann Rupert, as to Capt. Breholt's proposals for going to Madagascar with the Queen's pardon for pirates etc. Signed, Elizabeth Woodstock (mark), Barbara Ramsey, Ann Rupert. June 16, 1709. 1 p.
908. v. Deposition of Penelope Aubin, wife of Capt. Abraham Aubin, in support of Nos. iii. and iv. supra. June 20, 1709. Signed, Penelope Aubin. ¾ p.
908. vi. Reasons humbly offered by Peregrine, Marquis of Carmarthen, to shew that it is most consistent with H.M. honor and interest and the true intent and design of the honbl. House of Commons in their late humble address to H.M. on that subject, for H.M. to endeavour the suppressing or reclaiming the pirates at Madagascar by her own imediate power and authority, to be executed by her own officers and ships, and not to entrust that power to the East India Company or any private person. Breholt is the contriver of such overtures, etc. Signed, Carmarthen. 1¾ pp. The whole endorsed, Recd. Read Dec. 15, 1709. [C.O. 323, 6. Nos. 91, 91.i.–vi.]
Dec. 15.
St. James's.
909. Order of Queen in Council. Referring following to the Council of Trade and Plantations for their report. Signed, Chris. Musgrave. Endorsed, Recd. 17th Dec., Read Jan. 13, 170 9/10. 1½ pp. Enclosed,
Martinico to the Queen. A French sloop, the Society, laden with wine etc. for Guadalupa, and belonging to Gaschet was prest by M. Demaschault, Governor of the French Leeward Islands, without time to unload, to go with the English prisoners as a flag of truce to Guadalupa, there to take in one Major Lapoterie, appointed to manage the exchange of the said prisoners, and thence to proceed with them to Antegua. The said French flagg of truce, being near Guadalupa, came in sight of H.M.S. Hector, Capt. Grey, whereupon the prisoners on board forced the master to change his course so that she was taken and carried into Antegua, where she was cleared but the goods condemned. Afterwards the sloop St. John Baptist, belonging to Pouch, loaden with merchandizes for Montserrat was in like manner prest by order of Governor Park to go as a flag of truce with French prisoners to Martinico, without time to unload her cargoe, and in her voyage was plundered by a French privateer, whereupon M. Demaschault caused restitution to be made of all that was plundered except so much as amounted to an equivalent for the goods taken on board the Society, which he detained by way of reprizall. If such violence be permitted on either side contrary to the Laws of Nations, it will soon break the cartell in those parts. Pray that restitution be made to Gaschet, who will then procure recompense for Pouch. Copy. 3 pp. [C.O. 152, 9. Nos. 1, 1.i.; and 153, 10. pp. 446–451.]
Dec. 15.910. Order of the House of Commons. That the Commissioners of Trade do lay before this House what further observations they have made relating to the trade to Africa. Signed, Paul Jodrell, Cler. D. Com. Endorsed, Recd. 15th, Read 16th Dec. 1709. ¾ p. [C.O. 388, 12. No. 64; and 389, 21. p. 7.]