America and West Indies: February 1710

Calendar of State Papers Colonial, America and West Indies: Volume 25, 1710-1711. Originally published by His Majesty's Stationery Office, London, 1924.

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'America and West Indies: February 1710', in Calendar of State Papers Colonial, America and West Indies: Volume 25, 1710-1711, (London, 1924) pp. 34-54. British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol25/pp34-54 [accessed 25 April 2024]

February 1710

Feb. [?]
Boston in Newfoundland.
86. Mr. Bridger to the Council of Trade and Plantations. Repeats, with some additions, his complaints of last year as to the waste of woods, and the inconvenience of H.M. being excluded from cutting masts in private grants or townships. Desires instructions therein. Requires a deputy, etc. As to Naval Stores, there is none in this Fleet, except masts. The merchants have met with such discouragement in tar, pitch, etc., that they wholey decline it, except what your Lordships wrote to the Governor last year incourages them to proceed. I last 5th of Sept. receiv'd a letter from the Governor directed to the merchants trading in Naval Stores, on which I mett them several times, and have last night agreed to some particulars. Refers to enclosures. I am in great hopes when the people here in the respective countys are satisfyed by demonstration, that it will be their interest to make tar, pitch, etc., they will set on it heartily, and answer H.M. expectation. I printed directions for the making of tar two years since, but that have not prevailed; they want to see the operation, and then they say they will goe to worke, as I formerly acquainted your Lordships, etc. This would divert them from spinning theire own wool, for I have experienced that a man shall earne as much money by makeing of tar, that will buy two coats in the same time that he's spining and weaving wool enough to make one, and nothing will give such life to this designe as H.M. takeing all stores of theire hands at a stated price; and as well that the survey of such stores should be made here, is what they all very much insist on, for they say, if the stores must recieve its probation at home, if not liked of then, wee loose all as freight, insurance, petty charges and prime cost, etc. Another thing which will greatly add to this designe is a peace, then wee can goe into the woods and places proper for the makeing of tarr, etc., wch. now is noways safe by reason of the Indians, etc., etc. Mr. Collins' Agent has cutt a great many masts above his contract, though allways forbid by me and deputies. I this last Dec. seized 20 large masts, from 27 to 34 inches diameter, the largest of their contract is 26. But in contempt of the seizure and the Queen's Commission, Mr. Collins' Master immediatly loades some of them masts and they are now on board the Prince, and many others above contract and bowtsprits, which the contract doe not mention one word of. Hundreds of masts cutt two years since by the said Agent, which are in contract, are in a perrishing condition in the River of Piscataqua, for want of being carryed home, etc. Yet Mr. Collins hath not yet delivered one mast into H.M. stores. Mr. Mico's mallice is as great as ever, and reports all over the countrey he will turn me out, if it cost him £10,000; he endeavours to discourage the merchants from engaging in the production of Naval Stores, etc. Prays for their Lordships' favour as to the seizure, and for consideration of his travelling charges, etc. Signed, J. Bridger. Endorsed, Recd. 3rd, Read 21st April, 170 9/10. 7 closely written pp. Enclosed,
86. i. List of masts contracted for by Mr. Collins with the Navy Board, May 3, 1707, etc. 1 p.
86. ii. Certificate as to Mr. Bridger's travelling in the woods etc. Signed, J. Dudley. Boston, Feb. 4, 1709 (10). Same endorsement. 1¼ pp. [C.O. 5, 865. Nos. 42, 42 i., ii.,; and 5, 913. pp. 208–222.]
[Feb. 1.] 87. Reasons offered by Colin Campbell for fortefying of Ferryland. Signed, Colin Campbell. Endorsed, Recd. 1st, Read. 3rd Feb., 170 9/10. 2 pp. [C.O. 194, 4. No. 117.]
[Feb. 1.] 88. Reasons offered by Mr. Cumings for the same. Signed, Archd. Cumings. Endorsed as preceding. 1 p. [C.O. 194, 4. No. 118.]
Feb. 1. 89. Account of losses sustained by Mr. Colin Campbell in Newfoundland, Jan. 1705 ff. Total, £10, 737 2s. 6d. Attested by his brother, James Campbell. Copied by Colin Campbell, June 5. Endorsed, Recd. Read Feb. 1, 170 9/10. 8¼ pp. [C.O. 194, 4. Nos. 108, 108 i.]
Feb. 1. 90. Affidavits by Colin Campbell, July 27, 1709; Capt. John Moody, April 14, 1709; John Jackson, Clerk, April 14, 1709; and Archibald Cumming, Jan. 25, 1709 (10?). The whole endorsed as preceding. 7 pp. [C.O. 194, 4. Nos. 109–112.]
Feb. 1.
Exon.
91. The Mayor of Exeter to Mr. Popple. The recovery of ye Newfoundland trade wilbe greatly advantagious to this countrey, and this becomes evident to us, when we compare ye riches, populousness and splendor of our Southern Ports, and the great numbers of seamen, with the poverty and thinness of inhabitants that now appeares in most of them, etc. Signed, Edward Collyns. Endorsed, Recd. 3rd, Read 7th Feb., 170 9/10. Addressed. Sealed. 1 p. Enclosed,
91. i. Merchants of Exmouth trading to Newfoundland to the Mayor. There are now Fower ships prepareing to go to Newfoundland directly on the Fishery, and more will goe provided they can meet with fishermen and seamen. Wee conceive it necessary for 3 men of warr at least to goe as convoys to the shipps that shall goe to the Land from the South and North Channell, and to protect them in there Fishery, at the harbors of St. John and Ferriland and Trinity, and that the said convoys be ready to saile by March 1st, least wee should suffer as the last yeare by arriveing soe late. It's alsoe very necessary that 3 other men of warr may bee ready to depart by June 10th, with the shipps that goe as sacke, wch. with the 3 men of warr aforementioned maye convoy the shipps from the land to there markets, and alsoe those which shall returne home with traine. It's our opinion that many more shipps would goe, if there was noe feare of the Frenche retorneing againe to take our harbours, which are unprovided of garrison, and only a few planters left for its deffence, for wch. reason may require more forces to bee sent. [C.O. 194, 4. Nos. 119, 120.]
Feb. 1.
Whitehall.
92. Mr. Popple to Mr. Burchett. Encloses extract from Mr. Jackson's letter concerning Naval Stores (v. Jan. 24), with some queries thereupon, for the opinion of the Commissioners of the Navy. [C.O. 389, 21. pp. 39–43.]
Feb. 2.
Maryland.
93. President and Council of Maryland to the Council of Trade and Plantations. Enclose Laws and Journals of the last Session of Assembly Oct. last. Continue: The most of the Laws being private, are of little moment, and those that are publique are very few and only what seem'd absolutely necessary, wee having refused to enact any of consequence in the absence of a Governor in chiefe. The Province in generall is in greate peace and tranquility, and wee will heartily endeavour the continuance thereof, etc. Col. Francis Jenkins and Mr. Philip Lynes, Members of H.M. Councill, are lately dead. Signed, Edw. Lloyd, W. Holland, Will. Coursey, Tho. Ennalls, Sam. Young, Tho. Greenfield, Cha. Greenberry, Jas. Hall. Endorsed, Recd. Sept. 23, Read 25th Oct., 1710. 1 p. Enclosed,
93. i. Address of the Delegates of Maryland to the Queen. Quote Acts for regulating ordinances etc. 1662 ff. Concludes: True it is the assembly by an Act, 1694, did give the profitts ariseing from Ordinary lycences to Sir T. Laurence, which is the first Law which ever gave such fines to the Secretary: which Act was temporary and expired in 3 years; and altho' the Assembly did afterwards by other Acts continue the same to the Secretary, yett it was always by temporary Laws, thereby reserveing to themselves the power of disposeing of it as to them should seeme meete. And it being considered that the fees of the Secretaryes office of late are vastly increased through the multitude of business therein, and the lycences to Ordinary keepers not being any wayes enter'd or recorded in the Secretaryes Office, is unreasonable the fines ariseing thereon should be given or settled on him. This Dread Sovereigne is the true state of the case, and we doubt not will give your Majesty full satisfaction that Sir T. Laurence as Secretary has noe right to the fines on Ordinary Lycences, etc. Signed, R. Bradly, Speaker, and 38 others. Endorsed, Recd. Sept. 23, Read Nov, 1st, Dec. 13, 1710. 1 large p. [C.O. 5, 717. Nos. 16, 16 iii.; and (without enclosure) 5, 727. pp. 184, 185.]
Feb. 2.
Maryland.
94. President and Council of Maryland to [the Earl of Sunderland]. Duplicate of preceding letter. Endorsed, R. Sept. 9, 1710. 1 p. [C.O. 5, 720. No. 7.]
Feb. 2.
Treasury Chambers.
95. Mr. Lowndes to Mr. Popple. Encloses following for the opinion of the Council for Trade. Signed, Wm. Lowndes. Endorsed, Recd. 4th, Read 10th Feb., 170 9/10. Addressed. ¾ p. Enclosed,
95. i. John Rayner, Attorney General to New York, to the Lord High Treasurer. By the grants of the Duke of York and the several Governors, the greatest part of the Province of New York is granted away, and in great quantities to particular persons in fee, and not £100 communibus annis receiv'd in quitt rents by reason of the small reservations made, and the not enrolling, or the enrolments being lost of many patents, whereas if reasonable rents had been reserv'd they would probably now have supported the Government, for which there is no standing Revenue. In most of the patents there are conditions of improvements to be made in three or some other certain number of years, many of which have not been perform'd. The grants have been most of them made without any report from a Surveyor of the quantity, quality, or value of the lands, many of them not agreeable to the Governor's Instructions, and in several particulars, illegal, and by information there are several concealed lands, no general survey having been yet made. Petitioner could do considerable service to the Crown in asserting H.M. title to her lands and rents, was there wherewithal imprested for defraying the charges of such proceedings and survey. As Attorney, he has no other allowance than a bare salary of £150 per annum. He did depend upon a salary of £100 per annum usually paid there to ye Attorney, and £100 more as Advocate by an establishment made for the Admiralty Officers upon an accidental Revenue belonging to H.M. arising by certain Acts of Parliament against unlawfull trade (which is incumbent upon him to prosecute), for the first of which there is no provision, and the last the Receiver is not willing to pay without an order from hence. Prays for an order that he be paid the arrears of his salary out of the arrears of quit rents, which will be got by his means, and his growing salarys out of the said quit rents and accidental Revenue. The care of finding out lands for the Palatines and of advising how the grants are to be made will lye upon him as Attorney General; and the granting of patents to them gratis will be a great loss to him. Prays for consideration therein, etc. 3 pp. [C.O. 5, 1049. Nos. 156, 156 i.; and 5, 1122. pp. 159–164.]
Feb. 2.
Craven House.
96. Lords Proprietors of Carolina to Governor Tynte. You are to sett out and issue grants for 100 acres of land per head to these poor Palatines—Peter Harman, his wife and 3 children, Hanes Peter Steling, Katherine Shafner, Handerk Ponly, Haniah Katherina Ponly, Haniah Maria Elizabeth and Johannes Peter Steber—to pay 1 penny yearly quit-rent for each acre, after 10 years, etc. Signed, Craven Palatine, Beaufort, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 289. p. 238.]
Feb. 2.
Craven House.
97. Same to Council of Trade and Plantations. We have transmitted copies of extracts (Jan. 19) to our Governor, Major Edward Tynte, and have ordered him to make all the enquiry he can into illegal trade between Carolina and Curacoa, St. Christophers, etc., and to prosecute the offenders. We have given him directions not to suffer any Flaggs of Truce to trade during their stay at Carolina, nor to suffer any of them to come on shore to examine the condition and strength of the Province. We shall use our endeavours that the Laws relating to Trade and Navigation be strictly observed and put in execution, and whatever accounts Major Edward Tynte shall from time to time give us of his proceedings in this affair shall be carefully communicated to your Lordships. Signed as preceding. Endorsed, Recd. 3rd, Read 15th, 170 9/10. 2 pp. [C.O. 5, 1264. No. 94; and 5, 1292. pp. 209, 210; and 5, 289. p. 239.]
Feb. 2.
Craven House.
98. Same to Mr. Sale. We have recd. yours of Oct. 15 last, and as to what you write concerning ye charges of ye sessions, we will take a little time to consider of it, and in ye mean time we order you to pay no mony but such as you have directions to pay in your Commission and Instructions, wch. you recd. at this Board from us. We do remember your request to us for the Register's Office of Deeds and Conveyances, but we can give no answer to that, till we have heard from our Govr. Mr. Tynte, who was to inform us of the nature of that office, and if the executing thereof by you, or any other person would not interfere with the power and authority already granted by us to the Secretary of our Province. Mrs. Blake as guardian to her son has a right to an 8th part of the profits of a Proprietorship, but that matter must be adjusted at our Board here, and the incident charges belonging thereunto must be divided and then wtever. shall appear to be due to her in the right of her son, when a dividend shall be made, shall be return'd. or paid to her according to her order, but in ye meantime we think it reasonable for her to pay her quit rent and purchase mony as other persons do. We lately gave an order to permit ye lands belonging to Col. Tho. Colletons Barony to be divided, but whether those lands were ever purchased or not will appear by ye records of ye Province, and if there are no records to testify ye same, they must pay a penny an acre till they are purchased. We think it adviseable for you to give publick notice yt. all persons who have already obtained grants for lands, if they do not within 6 months after such publick notice take up the lands so granted, it may be lawfull for any other person to take up and purchase the same. The Officers' sallaries and wt. payments you are directed to make by your Commission and Instructions are to be paid out of our Quit-rents, but all mony which you shall receive for ye purchase of lands, and what shall remain of our quit-rents after those payments made, you are to consigne to us, and to send them for London by the first opportunity every quarter of a year in rice or mony. Signed as preceding. [C.O. 5, 289. p. 240.]
Feb. 2.
Mountseratt.
99. Lt.-Governor Hodges to the Council of Trade and Plantations. Duplicate of Feb. 4, q.v. Endorsed, Recd. 3rd, Read 7th July, 1710. [C.O. 152, 9. No. 26; and 153, 11. pp. 56, 57.]
[Feb. 2.] 100. Certificate by merchants trading to Barbados, that the appointment of the Marshalls of the Courts of Common Pleas by the respective Judges, has been of very ill consequence in respect of the partial execution of writs. The influence of the Judges over Marshalls of their own appointment may be detrimental to trade. Their appointment, by H.M. Patent Officer will prevent those mischiefs. Signed, J. Colleton and 17 others. v. Jan. 26. Endorsed, Recd. 2nd, Read 3rd Feb., 170 9/10. 1 p. [C.O. 28, 13. No. 15.]
[Feb. 3.] 101. Extract of letter from John Le Gay to Geo. Gordon, Sept. 26, 1709. I have been Marshall of the Bridge Court, Barbados, for almost 8 years, untill the present Governour and Judges demanded money, and then I quitted my post, their demands being unreasonable. Endorsed, Recd. Read Feb. 3, 170 9/10. ¾ p. v. Jan. 26. [C.O. 28, 13. No. 16.]
Feb. 3.
Boston, New England.
102. Governor Dudley to Mr. Popple. Refers to the difference between Mr. Bridger and Mr. Collins' Agents, who say that they proceed according to their contract with H.M. Because of a clause of uncertainty, some a little bigger for stowage, etc., they think they may not be obstructed in cutting more and bigger (masts), and offer their bond to unload all in H.M. yards and submit to Her pleasure, etc. Mr. Bridger says they are to keep strictly to their warrants both for number and measure, that the uncertainty of the admeasurement cannot be intended to mean many more inches, etc.; that they ought not to have cut them, nor loaded them, nor ought to carry them away without H.M. direction, and that the rest of the masts that are cutt for want of shipping to fetch them away will be in danger of being lost, and by lying will be damnifyed. I am of opinion that the Surveyor says right, but since these masts are cutt and shipt and the Fleet ready to sayl, and the masts wanted at home, and will be spoyled here with lying as the rest will that are cut upon Mr. Collins's acct., if they be not fetched away, I cannot see it my duty to stay them, without a judgment in H.M. Court, which Mr. Bridger has not seen reason to take, tho' I have allowed him to do as he pleased. If their Lordships please so to influence the matter that the contracts be for the future certain and express, and that the Officer be commanded to see all masts that are to be cut, (by himself or his deputies), and to seize and secure all such as are not expressed in the contracts, and then that he may be directed what to do with such sticks, that they be not lost by lying here, there will never be any more trouble upon that head. I have no manner of trouble with Mr. Taylor's Agents, Mr. Ichabod Plaisted is the undertaker, his brother John Plaisted serves Mr. Collins; I believe they are both careful to make no wast, but there is no knowing of a tree until it be down, and often ten are found defective, and not worth a penny for a mast, etc. Signed, J. Dudley. Endorsed, Recd. April 3, 1710. 1¾ pp. [C.O. 5, 865. No. 38; and 5, 913. pp. 193–197.]
Feb. 3, 4.
Boston.
103. Governor Dudley and Col. Vetch to Lord Sunderland. We acquainted your Lordship, Jan. 9th, of Col. Schuyler and the Indian envoys having come this length on their way to Great Britain, in order to waite upon H.M. and your Lordships of ye Ministry to press the renewing the Expedition. We have written to Capt. Teate, H.M.S. Reserve, to take them on board etc. As this will occasion him some considerable expence, pray that he may be considered, etc. Signed, J. Dudley, Sam. Vetch. 2 pp. [C.O. 5, 9. No. 49.]
Feb. 3.
Whitehall.
104. Mr. Popple to Mr. Carkesse. The Council of Trade and Plantations being of opinion that the illegal trade between the British Plantations in America and the Islands of Curacoa and St. Thomas may in a great measure be prevented by two brigantines of 10 or 12 guns each to cruise off of those Islands upon proper stations, with power to examine and seize such vessels as shall be found trading contrary to law, desire to know whether the Commissioners of Customs have any objection to the sending such brigantines, or whether they have any other remedy to propose, etc. [C.O. 389, 21. pp. 50, 51.]
Feb. 4.
Mountserrat.
105. Lt.-Governor Hodges to the Council of Trade and Plantations. On the 28th March 7 privateers fitted out from the French neighbouring Islands, having on board between 6 and 700 men made an attack on us about 10 in the morning and having landed some of their men finding they could not surmount the difficulties they were surrounded with were glad with a great deal of precipitation to reimbarke, leaving behind them a pair of collours and 3 prizners, which were taken alive, and we make no doubt but many of the enemy was kill'd and wounded in their boats in goeing off. Wee are well assured from the confession of the prisoners that their intentions was the night before to have surprized their landing, but that by the vigilance of our guards they were prevented, and allthough it is to be recon'd that the safety of the Island is cheifely oweing thereto, soe I cannot but observe that the continuing our men under their present disposition is not only a vast expence to the Island, but likewise a great fateague to ye inhabitants, etc. The countainance sometimes of one of the men of warr, whose station it is to attend this Governmt., would very much contribute to the safety of this Island and the trade that attends it, and consequently ease the inhabitants and lessen the charge they are at, etc. Signed, Anth. Hodges. Endorsed, Recd. 13, Read 19th April, 1710. 1 p. [C.O. 152, 9. No. 17; and 153, 11. pp. 18–20.]
Feb. 5.
St. James's.
106. Order of Queen in Council. Copies of the complaints against Governor Parke are to be sent to him, and he is to return to answer them before H.M. in Council, etc. v. A.P.C. II. p. 598. Signed, John Povey. Endorsed, Recd. 2nd, Read 15th March, 170 9/10. 1½ pp. [C.O. 152, 9. No. 13; and 153, 11. pp. 1–3.]
Feb. 7.
London.
107. Merchants trading to Newfoundland to the Council of Trade and Plantations. As to convoys, propose that one man of warr sail from the Bristol Channel, and two from Portsmouth by March 10, and 2 from the Downs May 10th; that 4 of them remain, one in Consumption Bay, one in Trinity Bay, one at St. Johns, and one at Ferriland; the other men of warr to cruise along ye coasts, etc. Proposals for return voyage.
And as there hath been for severall years past great divisions and dissentions in Newfoundland between the inhabitants and masters of ships, occasioned by the unhappy quarrels of Mr. Moody and Mr. Loyd, pray that the next C. in C. may be a stranger to these factions. Signed, Solomon Merrett and 15 others. Endorsed, Recd. Read Feb. 9th, 1709/10. 2 pp. [C.O. 194, 4. No. 123.]
Feb. 7.
Boston.
108. Mr. Bridger to Mr. Popple. Prays for his favour in the matters referred to No. 86. P.S. Since the seizure of the masts, Mr. John Mico offered me money to be silent in this affair, but I refused it, etc. Signed, J. Bridger. Endorsed, Recd. 3rd, Read 21st April, 1710. 2¾ pp. [C.O. 5, 865. No. 43; and 5, 913. pp. 224–227.]
Feb. 7.
Whitehall.
109. Mr. Popple to Mr. Burchett. Refers to letters of Jan. 21, 24. There will be between 50 and 60 fishing ships besides sack ships sent [to Newfoundland] this year; and in regard there is no protection at land, as there was in 1707, for the inhabitants and fishermen, since the Forts at St. Johns was ruined by the French, and that several of the Harbours even during the fishing season are frequently insulted and plunder'd by parties from Placentia, the Council of Trade and Plantations are of opinion that 6 ships of good force will be necessary to be sent this year under the same regulations and directions as in 1707, for the protection of this year's fishery. [C.O. 195, 5. pp. 127, 128.]
Feb. 7.
Whitehall.
110. Same to Mr. Carkesse. Desires from the Commissioners of Customs an account of Naval Stores and premiums, etc. as Dec. 2, 1709. [C.O. 389, 21. pp. 51, 52.]
Feb. 8.
Custom House, London.
111. Mr. Carkesse to Mr. Popple. Reply to preceding. Dr. Davenant has directions to prepare the said accompt. The allowance of the præmium is paid by the Commissioners of the Navy, etc. Signed, Cha. Carkesse. Endorsed, Recd. Feb. 9th, Read March 13th, 1709. Addressed. ¾ p. [C.O. 388, 12. No. 84; and 389, 21. pp. 84, 85.]
Feb. 8.
Whitehall.
112. The Earl of Sunderland to the Governor of Jamaica. I send you the enclosed memorial of the Lords Commissioners of the Admiralty, whereby they desire that you may hire men to bring home two of H.M. ships, since the Law forbids the impressing of men for that service. You are to comply with what is proposed, etc. Signed, Sunderland. [C.O. 5, 210. p. 197.]
Feb. 8.
Boston.
113. Lt. Governor Usher to the Council of Trade and Plantations. In mine June, July and Oct. lastt, gave accott. whatt then offered if design to Canada had succeded, would have bin as greatt advantage to the Kingdome as if had Spain, because of the Fishery; the produce of wch. is remitted into greatt Brittain. By all Govermtts. heartily wished H.M. would send a Fleatt and forces for takeing St. Jnos., portt Roiall and Newfoundland; many vessells this last year taken on our coaste, carryed into port Roiall; this winter being favorable, the French privateers take and drive in severall vessells on our coaste. I formerly hinted as to Actts of Parlimt. trampled on, respecting to coine; Act oblidging to pass att 17½, merchatts. saying they will regulate and shall pass att 15d., by itt the country impoverished, merchtt. for £100 sterl. advance 200 p.c.; in time Great Brittain will suffer for there will nott ⅓ of woollen manifactory exsported goods dear; nott vend. by it moth ceizes the goods, shopkeepers haveing noe trade must break, all wch. falls upon the consigner, ye factour haveing formerly 5 p.c. makes 10 p.c. for comistion, all loss upon the owner, all wch. occationed by mony goeing att 15 dwt. For H.M. gracious favour in sending stoares to the Govermtt. New Hampshire, you will have from the Govermtt., formerly writt if H.M. would take the soile of New Hampshire, as well as Govermtt., might be of service in secureing all trees fitt for mastts and timber for H.M. Navy, by reason of the greatt waste and destruction. They goe now 20 miles for mastts, as for the havock made, you will have from better hands then mine, wch. is very greatt. In July lastt, when by H.E. order, I wentt into the Province, I gave orders for Malitia officers in Hampton to se all persons doe there duty in garisons, ytt. belonged to Province, being within the 3 mile line, wch. accordingly they did. The persons being ascesed to the publick rates, refuseing to pay, was committed, afterwards sett att liberty without paying. New Hampshire Govermtt. small, butt being H.M. Govermtt. hope may nott be lessned, butt there will be an order to assertt the bounds and preserve the same, the same formerly haveing bin run. By this conveiance you will have an Actt of Assembly made in Dec. lastt for £5000 to be pd. in 5 years time, £1000 every year, if yor. Loshps. pleas to compare these Actts wth. former, you will finde a difference, formerly accott. of every particular sum, and to whom to be pd.; exsprestt in ye Actt, and same always to be pd. in species; now exsprestt for severall debts, subsistance and salarys, and £3000 bills of creditt for service of the province; the rates to be paid in curantt mony or creditt bills; and firstt sum of £1000 is to be pd. in Dec. nextt: all Assembly setting was butt £2000 due from province; formerly would nott raise mony to pay debtts and now pastt an Act for £3000 more then is due, and New Hampshire hath printed bills to vallew of £3000, and am informed ytt. itts to maintain Law suite of Walderen, or getting a Charter for the province, soe to frustrate Mr. Allen as to his claime. The Act nott to take place before Decembr. hope H.M. will accept of the £5000 granted, and being exspressed paiable in curantt mony or bills, will rejectt the Actt for makeing of bills, soe whole sum may be aplied to ffortifications, etc., as Queen may directt, itt being to be pd. in money. Formerly writt Treasurour had noe comistion for his place, nor given security for same. I thinck may be of service, a Treasurour comistioned from the Crown and have place Collectour for his suportt.: Secretary to have a comistion and Naval Officer, and perquesites may suportt him, and Treasurour, Secretary and Surveior of Woods to be of the Councill, by wch. means Govermtt. may nott be run down and Crown's interestt suported, withoutt wch. will not. Actt saying for subsistance and wages of souldiers and paymt. of salarys; there being recomended from H.M. to raise money for suportt of Governour and Lt. Governour: I haveing served many years, and never recd. one penny for same, hope H.M. will order a sum outt of sd. Actt (for can say uprightly have endeavoured to be faithfull in the place, and trustt reposed in me) and beg your Lordships' favour therein, etc. P.S. Am informed Genll. Assembly intend if possible to repeall Actt of £160 granted for yearly salary to the Governour dureing time of his Govermtt., if should, I thinck the Actt of £5000 partt for salarys, H.M. may lay hold of £3000. Signed, John Usher. Endorsed, Recd. 3rd, Read 20th April, 1710. Sealed. Postmark. Addressed. 1½ pp. [C.O. 5, 865. No. 39; and 5, 913. pp. 197–202.]
[Feb. 9.] 114. Peter Holt to the Council of Trade and Plantations. Memorial relating to illegal trade between Curacoa, St. Thomas and the British Plantations. Signed, Peter Holt. Endorsed, Recd. 9th, Read 21st Feb., 170 9/10. Holograph. 5 pp. [C.O. 323, 6. No. 98.]
Feb. 9.
Craven House.
115. Lords Proprietors of Carolina to Governor Tynte. The bearer hereof, Mr. John Urmston having been well recommended to us by the Lord Bishop of London as a person of worth and learning, and very well qualifyed to do ye duty of a minister, we have agreed to send him over to North Carolina, and desire you to give him all encouragement etc. Signed, Craven Palatin, Beaufort, J. Carteret, M. Ashley, J. Colleton. [C.O. 5, 289. p. 241.]
Feb. 9.
Craven House.
116. Same to same. We hope by this time you have enter'd upon yr. Government. We earnestly require your endeavours to reconcile the minds of the inhabitants to each other, that the name of parties, if any yet remain amongst you, may be utterly extinguished, for we can noways doubt but their unanimous concurrence with our labours for their prosperity will most effectually render Carolina the most flourishing Colony in all America. We think it adviseable for you to detain Col. Gibbs's Commission for Chief Justice in your custody till further order from us, Mr. Trott's Commission not being entered as it ought to have been by our former Secretary, we were not apprized of the manner of it: we did consent when you were here that Mr. Sale, our Receiver General, should act as Mr. Hyrne's Deputy Naval Officer, do you appoint him accordingly, but then Mr. Sale trading as a merchant, care must be taken that all vessels or goods wherein Mr. Sale or his partners are any ways concern'd do pay all such duties as are required by the Laws of Trade and Navigation. Signed as preceding. [C.O. 5, 289. pp. 241, 242.]
Feb. 9.
Boston.
117. Mr. Bridger to Mr. Popple. Repeats complaints of waste of woods in New England owing to Mr. Collins' contract (cf. Jan. 31, Feb. [?] and 7th etc.), and of Governor Dudley supporting Mr. Mico, his Agent, etc. Signed, J. Bridger. Endorsed, Recd. 3rd, Read 21st April, 1710. 3 closely written pp. [C.O. 5, 865. No. 44; and 5, 913. pp. 227–233.]
Feb. 9.
Whitehall.
118. Council of Trade and Plantations and Governor Bennett. Circular letter as Jan. 19. q.v. [C.O. 38, 6. pp. 487–489.]
Feb. 10. 119. Col. Quary to the Council of Trade and Plantations. Encloses copy of Act of Maryland mentioned in former letter. Col. Ingoldsby hath held a long session of Assembly. I could not bee there. There was an Act past in my Lord Lovelace's time for raiseing £1700 at 8s. per ounce, £800 of wch. summe was given to his Lordship, but on the death of my Lord, the Act was defective, this Assembly have appoynted the usese of it, and have given Col. Ingoldsby allmost all that was designed for his Lordship, besides the £200 wch. was given to himselfe. I have not had time to inform myselfe of what other Acts they have past, but by the next yr. Honors shall have them. I believe yr. Honour's Board will see the necessity of restraining all these Govermts. from passing any Acts in the absence of H.M. Governours, else those oppertunitys will bee improved to the Queenes prejudice, etc. There are a vast number of grants past in New Yorke Govermt., so that the next Governour will have nothing to doe of that nature, etc. Signed, Robt. Quary. Endorsed, Recd. 21st June, Read 12th July, 1710. 2 pp. [C.O. 5, 1049. No. 158; and 5, 1122. pp. 168, 169.]
[Feb. 10.] 120. Mr. Byfield to the Council of Trade and Plantations. Proposes a contract for importing pitch and tarr from Carolina. Signed, Thomas Byfield. Endorsed, Recd. Read Feb. 10, 170 9/10. 1 p. cf. B.T. Journal, Feb. 10 and N.C. Col. Rec. 1. 721. [C.O. 5, 1264. No. 93; and 5, 1292. pp. 208, 209.]
Feb. 10.
Whitehall.
121. Mr. Popple to Mr. Burchett. Desires a farther protection for S. Brise (cf. Jan. 16). [C.O. 389, 21. p. 54.]
Feb. 10.
Plymouth.
122. Mayor of Plymouth to Mr. Popple. Here are about 3 ships will be fitted out for Newfoundland, and severall more from our neighbouring ports, which will come hither to joyne the convoy, we are allso inform'd that severall will goe from Lisbone and Isle May thither. A good convoy will be for their preservation and encouragement. There were severall ships left behinde the convoy in Verginia last year, and some are gone thither lately, all which will soone be ready to depart thence if a convoy were order'd to that place, for 'tis of great detriment to the owners and dangerous for the men and ships to lye there all summer, etc. Signed, James Bligh. Endorsed, Recd. Read Feb. 13, 170 9/10. Addressed. 1 p. [C.O. 194, 4. No. 124.]
Feb. 10.
Admiralty Office.
123. Mr. Burchett to Mr. Popple. Encloses a protection for Samuel Brise (cf. No. 121.) Signed, J. Burchett. Endorsed, Recd. Feb. 10, 170 9/10. Addressed. ¾ p. [C.O. 323, 6. No. 97.]
Feb. 11.
Whitehall.
124. The Earl of Sunderland to Governor Handasyde. Recommends to his care that the effects of Capt. Fisher Wentworth, who died in Jamaica, may be remitted to his family, etc. Signed, Sunderland. [C.O. 5, 210. p. 197.]
Feb. 11.
St. James's.
125. The Queen to Governor Parke. You are to repair to our presence on the first man of war bound home, after depositions have been taken and interchanged, etc. cf. Feb. 5. Countersigned, Sunderland. 4 pp. [C.O. 152, 42. No. 13; and 152, 9. No. 14; and 153, 11. pp. 9–14; and 5, 210. pp. 198, 200.]
Feb. 11.
Boston.
126. Mr. Addington to Mr. Popple. The General Assembly have constituted the Honble. Sir William Ashhurst Knt. Agent for this Province. His Commission comes by this conveyance. Youle please to favour him in his attendance at yor. Board, etc., etc. Signed, Isa. Addington. Endorsed, Recd. 3rd, Read 21st April, 1710. 1 p. [C.O. 5, 865. No. 41; and 5, 913. pp. 206, 207.]
Feb. 14.
Whitehall.
127. Council of Trade and Plantations to Mr. Secretary Boyle. Enclose following to be laid before H.M.
127. i. Council of Trade and Plantations to the Queen. Report upon the Swedish pitch and tar monopoly, as Jan. 24, q.v. The Commissioners of your Majesty's Navy have complain'd of these hardships and difficulties, and thereupon the like complaints have by your Majesty's commands been made at the Court of Sweden, yet we find that Trade does still lye under the same discouragements from the said monopoly, the Company taking it for granted that this Kingdom cannot be sufficiently supply'd therewith but from the Swedish dominions. And it appears by a letter from the Navy Board to Mr. Burchett of the 27th past, that though the Commissioners had then lately publish'd a day for treating for tar to be imported for the use of your Majesty's Navy the next year, nobody had appear'd to undertake the same, so that the supply of the Royal Navy with such stores is become very precarious, the prices greatly enhanced, and your Majesty's subjects deprived of the benefit of fetching the same from Stockholm. Which consideration gave rise to the Act for encouraging the importation of Naval Stores from America, and we find it so alarrum'd Sweden, that immediately upon it, the Company was obliged to fall the prices of their pitch and tar considerably. But when the Tar Company shall no longer apprehend any prejudice to their trade from that Act there is reason to believe their conduct will be such as may subject the trade for pitch and tar from Sweden even to greater hardships and difficulties. We concur with your Majesty's Commissary that the most effectual way to remedy such mischiefs is to have the Tar Company dissolv'd, and that Trade free and open as it formerly was, and that your Majesty's Minister at the Court of Sweden solicit the laying it open, etc., etc.
Now forasmuch as this trade to Sweden has, during the late and present war, been carry'd on under great discouragements, and to the prejudice of this Kingdom, not only in regard of the hardships and difficulties already mention'd, but for that those stores have been bought either with money paid here, or by Bills of Exchange (since the British ships trading to those parts do mostly go out in balast), we are therefore humbly of opinion that for remedying thereof for the future, all due encouragement be given to the importation of these and other Naval Stores from your Majesty's Plantations in America. On this consideration it was that we took the liberty, Dec. 5 last, to propose the transporting and settling a number of the Palatines in those parts, to be wholly employ'd in the production of Naval Stores, and your Majesty having been pleas'd to approve thereof, we do hope that after some reasonable time, by such an addition of hands to those already employ'd in these manufactures on the Northern Continent of America, they may under a due care and good encouragement, be able to furnish sufficient quantities of pitch, tar, and other Naval Stores for the use of your Majesty's Navy, and the Navigation of this Kingdom, there being in those parts a very great plenty of trees, and other materials proper for that produce. We are sensible that for some time the tar made there, through want of skill in the manufacturers, had a burning quality, which made it unfit for tarring of ropes; but of late that manufacture has been so much improv'd, that considerable quantities of tar imported from America have undergone the Navy proof, been receiv'd into your Majesty's Stores, and Bills made out to the importers thereof for the præmium allow'd by the foresaid Act. The Plantations lying at a much greater distance than Sweden does from this Kingdom, it must be granted that by reason of the difference in the charge of freight, those Plantation goods cannot be afforded here so cheap as what are brought from Sweden; however in regard those from America are in return for the woollen and other manufactures of this Kingdom, whereas from Sweden they are bought with ready money, or bills of exchange, and that the shipping of this Kingdom may, as little as is possible, depend on being supply'd with Naval Stores by foreigners, tho' at cheaper rates, the importation of Naval Stores from America ought to be greatly encouraged. The freight at present from Sweden is but £3 per last, computing 12 barrels to the last, whereas from the several parts of North America it is from £7 10s. to £10 per tun, containing 8 barrels, which high freight does partly arise from the increase of seamen's wages occasion'd by their insecurity from being press'd to serve on board your Majesty's Fleet, wherefore we humbly offer that the said charge may in some measure be lessen'd, if all such ships as shall be dispatch'd from Great Britain to the said Plantations for pitch and tar, and shall return from thence laden therewith, be allow'd protections for their men (in like manner as by law are now allow'd to all ships employ'd in the coal-trade) if it shall be consistent with your Majesty's service, as we hope it may. A further cause of the increase of freight is from great præmiums paid for insurance of ships trading to the Plantations, which is at present 16 guineas per cent. without convoy, and half that sum, if with convoy. This charge might be greatly lessen'd, if good and regular convoys were appointed for that trade, with regard to the times of their departure from Great Britain and from the Plantations. For we have been inform'd by complaints from thence, that the Commodore, after he had given due notice of the precise day of his intended departure, (as requir'd by his Instructions) has sometimes been prevail'd upon privately to promise some Masters of ships to allow a further day, and thereby has given an opportunity to them who wanted their loading, to forbear agreeing with the Planters for the freight of their goods unless at very high freight, till the time first set for the Commodore's departure was near expired, so that the Planters, not knowing a further day wou'd be allow'd, rather than lose the opportunity of that convoy, were obliged to submit to whatever freight those masters demanded. Which practice wou'd be prevented, if the Commodore be strictly requir'd to sail at the time first by him prefix'd, wind and weather permitting, and not to prolong it at the instances of masters of ships. It wou'd be a further encouragement that two voyages were made in a year, which might be practicable, if the ships took their departure from Plimouth about the latter end of August, and return'd from America in the spring, whereby they will have the whole summer to perform a second voyage. And to the end ships employ'd in that trade may not lye long there for their loading, and the charge of freight be thereby increas'd, it will be necessary that all possible care be taken that a good stock of such stores be always ready to be put on board, so soon as the ships from Great Britain shall arrive. The freight of tar is much higher than of pitch, tar being apt to leak, and spoil other merchandizes stow'd with it, for which reason the masters of ships will seldom take in such goods, unless in ships purposely design'd for it, and then at a high freight; so that there has been a much greater importation of pitch than of tar from the Plantations, whereas the consumption of tar is very much greater here than that of pitch, in regard to the navigation of this Kingdom. Therefore whatever encouragements shall be thought fit to be given, they should be distinguish'd in favour of tar (both as to the produce and importation thereof) which, as occasion shall require, may at any time be manufactured here into pitch, and thereby your Majesty's subjects of this Kingdom have the benefit of such manufacture. If sufficient encouragements be given to the manufacturers of naval stores, particularly of tar, the same will have a further good effect in drawing off your Majesty's subjects inhabiting in the Plantations, from the woollen, linnen and other manufactures, (wherein they have already made too great a progress) and the employing them wholly in that of Naval Stores; whereby the Tar Trade may become the general trade of the Northern Colonies in America, and such a constant stock always ready, that ships may be loaded with little loss of time. By the forementioned Act, for every tun of tar and pitch a præmium of £4 is allowed, which præmium, however sufficient soever it may prove in time of peace, yet in time of war, we find, does not answer the intent of the Act, especially being paid by Navy Bills, (according to the course of the Navy) without any allowance of interest upon them: so that those bills are at present 35 p.c. or more worse than money, and above 12 p.c. worse than other Navy Bills payable in like manner, whereon an interest of 6 p.c. is allow'd after 6 months: which, as we have been inform'd by Mr. Bridger, has discouraged the manufacture of tar in New England; and several merchants here concern'd in that trade, with whom we have discoursed on this occasion, have expressed themselves to the same purpose. We therefore humbly propose that for the rendering the encouragement intended by the said præmium more effectual, the Commissioners of your Majesty's Navy be directed and impower'd to allow the like interest upon such bills as shall hereafter be made out by them for such præmium, as is allowed on all other Navy Bills. Endorsed, Read at the Cockpitt Feb. 18, Read at St. James', Mar. 19.
127. ii. Duplicate of Mr. Jackson's letter, Jan. 24. [C.O. 5, 3. Nos. 37, 37 i., ii.; and (Representation only), 5, 3. No. 38; and (without enclosure ii) 389, 21. pp. 61–71.]
Feb. 15.
Whitehall.
128. Council of Trade and Plantations to the Queen. Representation upon illegal trade carried on at the Isle of Man (cf. Jan. 18). Recommend that no debentures be allowed for tobacco exported thence, etc. [C.O. 389, 21. pp. 71–74.]
Feb. 15.
Whitehall.
129. Mr. Popple to Col. Hunter. Encloses letters to be forwarded to the Governments of Virginia, Maryland, Connecticut, the Massachusetts Bay and New Hampshire, etc. [C.O. 5, 1122. p. 158.]
[Feb. 15.] 130. Merchants of the Port of Bideford to the Newfoundland to the Council of Trade and Plantations. The number of shipping designed from this Port to the Newfoundland being more than could well fish in the harbour of Faryland, (Fairmoose being thought next thereto the most securest harbour for defence of our trade from the enemy) pray their Lordships to represent it to the Admiralty that two ships of the fourth or fifth rate be at Millford at the end of February at farthest for convoying the trade and to protect our shipps in Faryland and in Fairmoose. Signed, John Clifton, Mayor and 43 others. Endorsed, Recd. Read. Feb. 15, 170 9/10. 1 large p. [C.O. 194, 4. No. 125.]
Feb. 16.
Whitehall.
131. Council of Trade and Plantations to the Queen. Representation upon petitions of George Gordon and A. Skene against an Act of Barbados, 1667, directing how Clarks and Marshals shall be appointed and what they shall receive. Quote Representation of March 24, 1708/9 q.v. and certificates of Jan. 26, Feb. 2, 3, 1710. In case your Majesty shall be graciously disposed to gratify petitioners in restoring them to the full enjoyment of the rights and perquisites of their respective offices by repealing the said Act, we have no objection thereto in regard, no person will suffer by such repeal, otherwise than that the fees which the judges and Petitioners are authorized to take by the said Act may no longer be demanded or received by virtue of that authority, wherein they may be relieved if your Majesty's pleasure be signifyed to the Governor or Commander in Chief there for the time being to move the Assembly that an Act be pass'd for settling a salary or reasonable fees on the several judges and for restoring to the clarks and marshals the fees mentioned in the foresaid Act. [C.O. 29, 12. pp. 91–94.]
Feb. 17.
Whitehall.
132. Mr. Popple to Capt. Gardner. Communicates Brigadier Handasyd's request for recruits etc. [C.O. 138, 13. p. 93.]
Feb. 17.
Whitehall.
133. Same to Mr. Burchett. Communicates Brigadier Handasyd's account of the ill condition of the men of war at Jamaica, and of the French privateers, etc. v. Dec. 17, 1709. [C.O. 138, 13. p. 94.]
Feb. 18.
St. James's.
134. Order of Queen in Council. Repealing Act of Barbados described Feb. 16 and ordering as there proposed. Signed, John Povey. Endorsed, Recd. 2nd, Read 13th March, 170 9/10. 1½ pp. [C.O. 28, 13. No. 22; and 29, 12. pp. 99–101.]
Feb. 18.
St. James's.
135. Order of Queen in Council. The Commissioners of Customs are to prepare a clause to be offered to Parliament to prevent illegal running of tobacco from the Isle of Man. (cf. Jan. 18). Signed, John Povey. Endorsed, Recd. 2nd, Read 13th March, 170 9/10. 1 p. [C.O. 388, 12. No. 86.]
Feb. 18.
St. James's.
136. H.M. Warrant appointing Alexander Spotswood Lieut. Governor of Virginia, in case of ye death or absence of George Earl of Orkney, our present Lieut. and Governor General, etc. Countersigned, Sunderland. [C.O. 5, 210. p. 201.]
Feb. 20.
Whitehall.
137. Mr. Popple to Mr. Lowndes. Quotes Governor Handasyd's letter June 4, 1709, concerning escheats in Jamaica, and clause from his Instructions, to be laid before the Lord High Treasurer. [C.O. 138, 13. pp. 95, 96.]
Feb. 20.
Whitehall.
138. Same to William Penn. The Council of Trade and Plantations having, since their letter of Jan. 19, received further information of illegal trade carry'd on between Curacoa and Pensylvania, send you enclosed extract, and desire that you will give the necessary directions for prevention thereof in that Province as proposed in their aforementioned letter. Annexed,
138. i. Extracts of several Memorials relating to the illegal trade carry'd on between Curacoa and St. Thomas and the British Plantations. From the British Plantations on the Continent of America, the inhabitants of Curaçoa are furnished with all sorts of provisions, from Pennsylvania and New York strong and small beer, from Carolina and New England pitch and tar, from the Charibee Islands and Jamaica rum, sugar, cotton, ginger, indico and tobacco. In return of which our Plantations have chiefly cocoa, linnens, muslins, silks and other goods for wearing apparel, with great quantities of rigging, sail canvas, anchors and other sorts of iron works, powder and shott. That Island has been furnished from H.M. Plantations with 12 or 1500 tunn of bread and flower, and as much beef, altho' such provisions one time with another were as dear in H.M. Islands as at Curaçoa, the returns whereof has been in European goods. They have but 3 sloops at this Island but what have been built at Rhode Island, New York, Pensylvania, Carolina, Bermuda and the Bahamas. There are many vessels which come from the Northern parts of America, that take in wine at Madera for Curaçoa, and so return home; they sell their Mediteranean passes to the Dutch, who man their sloops with English, and go under English colours for Maderas or the Canaries. Instances given of sloops trading between Curacoa and Pennsylvania 170¾ 1707. [C.O. 5, 1292. pp. 211–213.]
Feb. 23.
Whitehall.
139. Council of Trade and Plantations to the Queen. Having received accounts from several hands of the state of Newfoundland, since the taking of the Fort at St. Johns by the French in Dec. 1708, we beg leave to lay before your Majesty an account of the Fort and Garrison there, etc. In relation to the state it was in before the French took it; Major Lloyd (Oct. and Nov. 1708) informed us that the garrison was in as good a condition as he desired it for that winter; that the company was compleat; that there was near 800 of the inhabitants that would winter under the covert of the Fort; and that all things were in so good a posture, that if the enemy made any impression there, he was willing the blame should be laid to his charge. And by information from Captain Moody and others, we find that there were in the said Fort 48 pieces of cannon, with mortars, arms, ammunition, bombs, powder and ball proportionable, all which were carried to Placentia in April 1709, and as we have been informed by the Commodore and others, the said guns are there mounted. In relation to the state of Newfoundland when the Commodore came away, quote Commodore Taylor's measures, v. Nov. 18, 1709. Notwithstanding this care, all accounts agree that the inhabitants remaining at St. Johns are in a very bad condition, for besides their former sufferings, they are much impoverished by the great contributions raised upon them by the French in 1708, and were left exposed without a sufficient Fort, arms and ammunition (and but small quantity of provisions) to maintain and protect them, while, on the other hand, the enemy is grown stronger, the stone wall round Placentia finished, several new fortifications added and furnished with arms and ammunition taken at St. Johns; their strength increased by the addition of 200 men from France, etc. The great advantages that acrue to the Kingdom from the Newfoundland Fishery, and the necessity of protecting and securing that trade, are so well known that we shall only report to your Majesty, that having considered the frequent losses your Majesty's subjects there have sustained, ofttimes during the fishing season, but more particularly in the winter by the incursions of the French, we consulted the principal persons here, and in the out-ports concerned in that trade, and others lately arrived from thence, who generally agree that if there were six ships of good force sent thither this year, under the like regulations as they were in 1707, it might be a protection for them during the summer season. This at the desire of the Lords Commissioners of the Admiralty, we have communicated to their Lordships. Though the said ships may be sufficient for a summer guard, as aforesaid, yet considering the strength and settlements of the French, unless there be a security at land for the inhabitants during the winter, that Fishery cannot be carried on with the same advantage to this Kingdom as otherwise it might. The necessity of protecting the inhabitants during the winter, will appear from what follows;—that the French are increased in strength and numbers at Placentia; that there are considerable effects of the British merchants left at Newfoundland every year; that the inhabitants provide considerable quantities of fish and train oyle, which the ships at their arrival find ready to barter for the manufactures and other goods of this Kingdom. From which we humbly presume it will appear that the preservation and increase of that Fishery very much depend upon the security of the inhabitants, and the certainty that the merchants here may have thereof, which serves as a measure and rule to them for their adventures, and therefore we are humbly of opinion that a land strength is as necessary for their security in winter, as the ships of war are in the summer season; in order whereunto it will be convenient that a good Fort be built in a proper place, with a sufficient Garrison; from which Fort the other Harbours may receive assistance when necessary in the summer, and to which the inhabitants may retire with their effects in the winter. As to the place most proper for the building such a Fort, we have been informed that Ferryland Down, which lies to the Southward of St. Johns, being a rising ground, clear of woods, and no place nigh to annoy it, no ships can come within 7 or 8 leagues, but must be seen. It is joyned to the Island by a narrow neck of land or Peninsula, not above 20 or 30 yards broad, and might easily be made an Island if necessary. It is therefore represented as the most proper place to be fortified; for that the fishing ships and boats seldom going further than a cannon shott to fish, they would be better protected by a Fort there than in any other harbour in Newfoundland; that this Harbour will contain 50 ships at least, and with the Harbours of Caplin Bay and Aquafort which lye but a mile from it, they may contain several hundred sail; that it hath the advantage of all the other Harbours in plenty of fish and bait; and would effectually secure the inhabitants and their effects in the winter, if they retired thither, where there is room enough to contain 7 or 800 families. These are some of the advantages of the situation of Ferryland Down; whereas the harbour of St. Johns has not the like. And we have been informed by Sir John Norris, formerly Commodore there, that the situation of the Fort at St. John's was too high, and at two great a distance to defend the batteries at the entrance into the Harbour, nor was it strong enough to resist an enemy's ships; besides that there are two hills which command it, whereby it is rendred insecure to the inhabitants. This has been further confirmed to us by Col. Nicholson, Capt. Moody and others lately come from thence, who have added that there is no other place in that Harbour capable of being fortifyed. Autograph signatures. 7 pp. [C.O. 194, 22. No. 75; and 195, 5. pp. 133–139.]
[Feb. 23.] 140. [Mr. Laws] to the Council of Trade and Plantations. Memorial upon Lord Carbery's proposal for surrender of lands (v. 1709). By the Revenue Bill of Jamaica the quit-rents are already appropriated and given by H.M. to the support of the Government. I think it would be a favour in H.M. to take the surrender of any lands there after the arreares were fully paid. Endorsed, Recd. Feb. 23, Read March 14, 170 9/10. 1 p. [C.O. 137, 8. No. 78; and 138, 13. pp. 97–98.]
Feb. 23.
Whitehall.
141. Council of Trade and Plantations to the Earl of Sunderland. Enclose following to be laid before H.M. We are preparing the Instructions relating to the Acts of Trade, etc. Annexed,
141. i. Instructions for our right trusty and right well-beloved cousin George, Earl of Orkney, our Lieutenant and Governor General of our Colony and Dominion of Virginia. In the usual form, cf. C.S.P. 1705, No. 1051 i. [C.O. 5, 1363. pp. 44–126.]
Feb. 24.
Whitehall.
142. Same to Same. Enclose following. Annexed,
142. i. Instructions to Governor Lord Orkney, relating to the Acts of Trade and Navigation, in the usual form. [C.O. 5, 1363. pp. 127–168.]
Feb. 24. 143. Sir T. Laurence to the Council of Trade and Plantations. Memorial enclosing following (v. March 14, 26). Signed, Thomas Laurence. Endorsed, Recd. Read Feb. 24, 170 9/10. Holograph. 8 pp. Enclosed,
143. i. Ordinance of Assembly of Maryland empowering the Justices of the County Courts to grant licences to Ordinary keepers, etc. Assented to by the Council, Dec. 9, 1708. Copy. 1 p.
143. ii. Address of Assembly of Maryland to the Queen, against Sir T. Laurence's claim, agreed to Dec. 1708 without the Governor's consent. Copy. 3 pp.
143. iii. Case of Sir T. Laurence, Secretary of Maryland. Printed. 3¼ pp. [C.O. 5, 717. Nos. 5, 5 i.–iii.]
Feb. 24.
Whitehall.
144. Mr. Popple to Mr. Lowndes. The Council of Trade and Plantations have considered Mr. Raynor's petition. (Feb. 2 q.v.) Tho' the grants (referred to) may have been irregularly obtained, and the conditions not complyed with, yet their Lordships cannot think it will be for H.M. service that those patentees should be molested in their possessions by such prosecutions as Mr. Rayner proposes, in regard it may discourage the seating and cultivating of lands there. However, if he shall at any time be imployed by the Governor and Councill there in performing any service of that kind, in such case their Lordships think he ought to receive a suitable reward. As to his request to be paid out of the quit-rents etc., their Lordships observe that he will be paid his salary of Attorney General in the like manner as the Governor and other Officers are out of the Revenue there. As to his salary of Advocate, if my Lord Treasurer shall think fit it be paid out of the forementioned accidental Revenue arising from forfeitures for illegal trade, their Lordships have no objection thereunto. As to his request for consideration for drawing patents for the Palatines, etc., their Lordships observe that the grants are not to be made till the said Palatines by their labour and industry in the production of Naval Stores shall have repaid what H.M. shall have disbursed for them; that the finding out lands for them, belongs to the Surveyor of that Province; and that the Governor has instructions directing him, how and in what manner the said lands shall be granted; and as for a consideration for the drawing the Patents, their Lordships have no objection, why he may not be allowed the same out of the Revenue there, when those Patents shall be drawn. [C.O. 5, 1122. pp. 164–167.]
Feb. 25.
Custom House, London.
145. Mr. Carkesse to Mr. Popple. The Commrs. of the Customs desire to know whether the Governors in the severall Plantations have any instructions touching H.M. share of the penalties and forfeitures for breaches of the Acts of Trade and Navigation, etc., and by whom the same are received there, and how accounted for. Signed, Cha. Carkesse. Endorsed, Recd. Feb. 27, 170 9/10. Addressed. ¾ p. [C.O. 323, 6. No. 99; and 324, 9. pp. 430, 431.]
Feb. 25.
St. James's.
146. H.M. Warrant appointing Walter Hamilton Lieut. General "of all and singular our forces" in the Leeward Islands, and to execute Governor Parke's Commission in the case of his death or absence. Countersigned, Sunderland. 1¼ pp. [C.O. 152, 9. No. 15; and 153, 11. pp. 15, 16; and 5, 210. pp. 202, 203.]