|
April 1/12.
Petersburgh. |
363. Mr. Whitworth, Ambassador to the Czar of Muscovy,
to the Council of Trade and Plantations. Encloses following.
Signed, C. Whitworth. Endorsed, Recd. 12th, Read 13th May,
1712. 1 p. Enclosed, |
|
363. i. The method of preparing tar in Muscovy. 2 pp.
[C.O. 5, 1050. Nos. 40, 40 i.; and 5, 1122. pp. 496–499.] |
April 2.
Whitehal. |
364. Wm. Popple to Josiah Burchet. Encloses "the usual
heads of inquiry and additional Instructions for the Commodore
of the Newfoundland squadron," etc. [C.O. 195, 5. p. 265.] |
April 2.
Whitehall. |
365. Mr. Secretary St. John to the Council of Trade and
Plantations. H.M. commands you to take into consideration
and transmit to me your opinion upon the two following points.
(i.) What the consequence may be of allowing the French a
general right to fish and to dry their fish in the sea of Newfoundland, and on that coast, as they have hitherto done, together
with a liberty of settling and fortifying on the Island of Cape
Breton; they on the other hand making an absolute cession to
H.M. of Nova Scotia with Annapolis Royal, and of the Island
of Newfoundland with Placentia. (ii.) Whether it may be for
the advantage of Great Britain, Nova Scotia and Annapolis
Royal remaining in H.M. hands, that all the fortifications in
Newfoundland be demolished, and that no others be suffered to
be erected there, or in any of the adjacent Islands. Your Lops.
will please to let me have your answer as soon as possible, it
being necessary to write abroad upon this subject at the end of
the week. Signed, H. St. John. Endorsed, Recd. 3rd, Read 4th
April, 1712. 1¾ pp. [C.O. 194, 5. No. 10; and 195, 5. pp.
265, 266.] |
April 2.
Whitehall. |
366. Council of Trade and Plantations to the Lord High
Treasurer. Request payment of enclosed account of office
expenses and salaries, Christmas 1711 to Lady Day 1712. [C.O.
389, 37. pp. 39–41.] |
April 2.
Whitehall. |
367. Council of Trade and Plantations to the Lord High
Treasurer. This Commission is in arrear 2½ years at Lady Day
last, which wee are informed is not the case of any other Commission or Office depending on the Civil list, and in regard the
nature of the buissiness requires a constant attendance and
application, wee submit the case of the said arrear to your Lordship's favourable consideration. [C.O. 389, 37. p. 42.] |
April 3.
St. James's. |
368. Order of Queen in Council The Council of Trade and
Plantations are to lay before the House of Commons their Representation (v. C.S.P. Dec. 1711) as to the distribution of the
grant in aid of Nevis and St. Christophers, and the petition of
the agents for the sufferers there (enclosed) (v. A.P.C. II. No.
1069). Signed, Christo. Musgrave. Endorsed, Recd. 9th, Read
10th April, 1712. 1 p. Enclosed, |
|
368. i. Petition of Joseph Martin, Rowland Tryon,
Richd. Merryweather, Stephen Duport and James
Campbell, Agents for the sufferers in Nevis and St.
Christophers, to the Queen. By an Act passed the
last sessions £103,003 11s. 4d. was granted for the
relief of such sufferers as have resettled, or shall resettle
their Plantations. The Council of Trade acquaint petitioners that the Act needs some explanation before they
can make any distribution (v. Dec. 1711). Many of
the sufferers have been hitherto supported on credit
founded on the hopes of this bounty, and others are now
returned, or returning, upon the faith of that Act.
But unless some assurance can be given them by the
Fleet, which is now upon departure, that the said bounty
will speedily be made effectual, it's to be feared that
great numbers of them, will be yet forced to leave the
Islands; and the enemy (who well know the consequence
of those Islands to your Majesty's revenue and the trade
of your Kingdom) will not fail then to improve such
an advantage. Pray that the report of the Council of
Trade may be now laid before the House of Commons
for explanation and recommended for dispatch. Copy.
2½ pp. [C.O. 152, 9. Nos. 109, 109 i.; and 153, 11.
pp. 453–455.] |
April 3.
London. |
369. Laurence Galdy to the Council of Trade and Plantations.
Recommends Col. Ezeckiell Gomersall for the Council of Jamaica.
Signed, Laurence Galdy. Endorsed, Recd. 3rd, Read 9th April,
1712. 2 pp. [C.O. 137, 9. No. 64.] |
| April 4. |
370. Copy of Journal of the Council of Trade and Plantations,
concerning Newfoundland. 6¼ pp. [C.O. 194, 23. No. 5.] |
| [April 4.] |
371. Capt. Moody's report upon the questions concerning
Newfoundland, April 2nd. Agrees with Representation of April
5th. Signed, J. Moody. Endorsed, Recd. Read April 4, 1712.
2 pp. [C.O. 194, 5. No. 11.] |
April 5.
Jamaica. |
372. Governor Lord A. Hamilton to the Earl of Dartmouth.
Recommends, Mr. Brodrick, Attorney General and Speaker of
the Assembly, to be appointed to the Council, etc. Signed,
A. Hamilton. Holograph. 3 pp. [C.O. 137, 51. No. 59.] |
| April 5. |
373. Solomon Merrett to the Council of Trade and Plantations.
Report upon the questions relating to Newfoundland, April 2.
Agrees with following Representation. Signed, Solomon Merrett.
1¾ pp. Enclosed, |
|
373. i. Considerations in favour of the whole of Newfoundland, Nova Scotia, and the Fishery on the Banks and
coasts being restored to Great Britain. Concludes:—By the Treaty of commerce we should have the same
liberty to supply France paying the same customs and
dutys as under King Charles I. The laying on a duty
of 5s. a ton on the French shipping which came into
England (which was not 1/50th of what went from England to France) occasioned them to lay the same duty
on ours, was a great discouridgment to our fishing ships
and all others trading to France. And it's most humbly
offerred that if from the date of the Preliminaries or
Articles of Peace, a cessation of hostilities be agreed on,
that all ships and goods taken by us or the enemy shall
be restored to the proprietors in the same condition
they were when taken, it will prevent the fitting out of
privateers, and the taking of many merchant ships,
especially those from the West Indies, and long voyages.
For the merchants the last peace suffered very much,
as the Articles of Reswick gave such large liberty to
privateers by making peace at several times and in
several latitudes, whereby they were incouridged to
send out their privateers, which took more merchants
ships within two months before and after the date of
that Peace, than in nine months before, etc. 1½ pp.
The whole endorsed, April 5, 1712. [C.O. 194, 5. Nos.
12, 12 i.] |
April 5.
Whitehall. |
374. Council of Trade and Plantations to Mr. Secretary St.
John. Reply to queries of April 2. We take leave to represent
if the French make a cession of Newfoundland and Isles adjacent,
and yet reserve the privilege of fishing on that coast, and drying
on the shore, they will thereby have the same advantage in the
trade of dry fish as H.M. subjects, and the good end of our having
Newfoundland restor'd to us will be defeated. As to their
settling and fortifying on the Island Cape Breton, that Island
has always been esteem'd as part of Nova Scotia and included in
that Governmt., and considering the situation of that Island, the
permitting them to fortify and settle there will give them the
like advantages as if they were allow'd to dry their fish on Newfoundland or the adjacent islands. And here we take leave to
observe that Nova Scotia does comprehend all that the French
call Accadie, and is bounded by the River St. Croix on the west
by the sea on the south and east, and by Canada River on the
north and ought to be so describ'd for avoiding future disputes.
We apprehend it may be necessary to maintain the fortifications
now on Newfdland for the protection of our fishery, and the
persons concern'd therein and their effects. [C.O. 195, 5. pp.
267–269.] |
April 8.
New England, Boston. |
375. Governor Dudley to the Council of Trade and Plantations. My last addresses to your Lordships were of Nov. last
past by Capt. Studley in the Norwich the convoy of the mast
fleet wherein were cover'd the years papers (v. Dec. 21st, 1711).
Acknowledges letter of Oct. 26. Continues: —The duplicate arriv'd
the 24th March past, and the letter two dayes since. In obedience
to the severall articles therein, I must humbly acquaint your
Lordships that the revenue of both the Provinces, consists of an
impost for goods and merchandise brought in, an excise upon
taverns and retaylers of wine, and liquors, and a land and poll
tax lay'd once a year and collected accordingly, and it is not
possible to divide it so as to make two accounts of it, either to
discharge the Treasurer or to pay up the Province debts, so as to
make it compleat, but in the session of the Assembly, in May
annually, which session is directed by the Charter. The Treasurer
for the time being, brings in all his accounts, and vouchers, and
it is fairly drawn, and swore to before the Governour, and Mr.
Secretary Addington, Deputy Auditor to Mr. Blathwayt, and
is so sent home to the Treasury, and has been well accepted.
In all other affayres and informations to their Lordships at the
Councill of Trade at my first comeing here, I pursued the methods
of letters every six months and sent them by the best runners
I could get passage by, but were frequently thrown overboard,
as I had directed the commanders in case of their being taken,
and was forced at last wholly to depend on the convoy of the
mast fleet, which comes but once a year, and never yet miscarryed. However if your Lordships see meet to command any
other method, for the future I shall strictly obey it. Encloses
lists of officers, Courts, fees, and a copy of the laws as required.
Referring to births and burialls, I have sent circular warrants,
to the Sheriffs of the severall countyes, which are eight in number
in the Massachusets, and one in New Hampshire, which if not
come to hand before this conveyance shall be carefully transmitted the first oppertunity. That your Lordships may understand the state of the defence of the Provinces, if your Lordships
please to look upon the map of the survey of ye country, that
I sent home some years since to the Board, it will be seen that
from Deerfield in the west, to Wells in the east, is the frontier
to the inland of both the Provinces in a range of villages, in this
order, Deerfield, Hadley, Brookfield, Marlboro', Lancaster,
Groton, Dunstable, Dracot, Haveril, Almsbury, Kingstown,
Exeter, Cocheco, Barwick, York, Wells, contayning about 200
miles in length, in each of which I have 10 or 12 of the best houses,
at distances, taken in with stoccadoes, and flanckers, in which
are watches kept and 40 or 50 soldiers besides the inhabitants,
lodged in them for the defence of each town, who march from town
to town weekly winter and summer, to discover any track of an
approaching enemy, and troopes of horse once a fortnight in the
summer, and foot upon snowshoes in the winter to discover at
a greater distance, which has been so fortunate as often to discover
and repell the enemy when four or five times in this warr they
have come in bodyes of 3 or 400 French and Indians, and often
when lesser partyes, so as we have not lost or deserted one village
since the first eruption nine years since, whereas in former warrs
the Government has drawn in almost all the villiges, above
named for want of the skill of snowshoes, which the people have
gotten since my comeing hither to the terror of Indians, our men
being able to outmarch them, and in the winter I dislodge them
at 100 miles distance, as I have done this winter, by marching
partyes, two consisting of 50 each, and one party of 200, who
came in the last week haveing burnt a settlement of Mounsier
Castiens in the eastward near Panobscot, of 6 or 8 houses two
sloops fitted, and furnish'd for a cruise, and taken and burnt a
great quantity of provisions laid up for their voyage, being to be
mann'd with French and Indians. And in the summer (except
these last two years wherein I have in obedience to H.M. commands, sent forces to Portroyal and towards Queebeck) I have
sent partyes of 3 or 400 men to cut up their corn while it was
green, and made them remove to greater distances from us, to
make it more difficult to trouble us, and to shew the Indians
that tho' the French could perswade them into a warr, they were
not able to defend or secure their settlements and places to them.
This is the method of our inland service, and on the seabord
we have the Castle at Boston, Forts at Salem, Marblehead and
Newcastle, besides Saco and Casco, ancient tradeing houses to
the eastward which I have fortifyed, and the Province gally
and sloop, with forces cruising all the summer to prevent the
taking of our coasters, and merchantmen from Europe, both
which vessels have been built since my comeing at the Province
charge, and well equipt every year to a great expence, of all these
articles the account is in the Book herewith inclosed. The clause
requireing an account of the strength of the neighbour Goverments is more difficult, but your Lordships will pardon my guess,
yet upon a just muster such as I have now layd before your
Lordships in these papers, I am of opinion Rhode Island has
2500 fighting men; Connecticut, 7000; New York, 6000. And
in all other articles proportionable, with all of whom we have a
coasting trade, for grain, bread, flower, beaf and pork, which we
expend in our fishery, and carry to the West Indies. The trade
of the Province consists of masts, and sparrs, for H.M. service,
brought home in the mast fleet. Our returns for London by
way of Lisbon for fish about 50,000 pound per annum. Directly
home a great quantity of train oyle, tarr, and turpentine, which
are much increased and better'd since I came hither, and would
be perfectly a sufficient supply for Great Britain, if our men taken
into the service for the defence of the Provinces, and expeditions,
might be spared for that imploy, which will come to pass in peace.
Ships and vessels built for sale in great Britain, and the West
Indies to the numbers of 70 per annum. Ships belonging to
the Provinces trading of three sorts. Above 100 tun, 20; between 50 and 100 tun, 60; below that rate tradeing to the West
Indies, 120. Your Lordships' last article, referring to the number
of inhabitants and number of fighting men, is perfectly set
down, and accounted for in the inclosed papers, as justly as
possibly, and will be I hope to your Lordships' satisfaction.
Your Lordships' wisdom needs no intimation of mine to know how
these Provinces may be made happy and secureable to H.M.
I am humbly of opinion that the English settlements from Pennaquid to Delaware River, which never cost England above 10,000
souls to settle them, which tract is now divided into six severall
Goverments contayning in them 300,000 souls, and are dayly
increaseing, and are a very industrious people as appears by a
subdued and well built country, will stand in need of nothing to
make them such as your Lordships would have them to bee, but
a good defence against the incursions of the Indians and French
by land from Queebeck, and then the peace and repose of these
Provinces would make the trade of all sorts, five times what it
is presently. Over all which if H.M. Government be justly mayntain'd, and the people and trade kept to a strict and constant
dependance upon the Acts of Trade and Navigation, and put
upon the linnen manufacture for which the country is extreemly
proper, the mother will find her daughters increase her welth
and honour to a very great degree. The Acts of Parliament
referring to the preservation of white pines etc. was publish'd
and reprinted and sent to every part of these Provinces for
their information and obedience six months since, and the other
for the incouragement of trade was now publish'd as your Lordships commanded. Signed, J. Dudley. Endorsed, Recd. July
11th, 1712, Read July 6, 1713. 6 pp. Enclosed, |
|
375. i. (a) List of Officers in the Civil Government, Massachusetts Bay. |
|
(b) List of Courts of Justice in the Massachusetts
Bay. 1 p. |
|
(c) List of fees exacted in the Massachusetts Bay.
5 pp. |
|
(d) Account of the Treasury of the Massachusetts Bay,
May, 1710–11. Tax on polls and estate real and |
|
personal |
£22689 |
4 |
7 |
|
Import duty |
£3116 |
12 |
8 |
|
Tunnage and shipping |
£516 |
|
|
|
Excise |
£666 |
15 |
6 |
|
Fines |
£38 |
17 |
2 |
|
Total |
£27,027 |
9 |
11 |
|
The expence during the warr communibus annis has been
little short of £30,000 per annum. The expence of the last
year 1711 by reason of the advances for the great
expedition will fall little short of £50,000. The poll and
land tax is usually laid for betwixt two and three and
twenty thousand pounds per annum, and that levied
with no little dificulty, H.M. subjects of this Province
being much impoverished and enfeebled by the heavy
and allmost insupportable charge of a long calamitous
war which has chiefly lyen upon this Province, etc. etc.
1 p. |
|
(e) Accompt of the Militia in the Massachusetts Bay,
April, 1712. Details of counties and regiments given.
Totals: 12,517. Adding 5 for 1 for women and children,
total population—75,102. 5 pp. |
|
(f) List of Forts in the Massachusetts Bay. 1 p. |
|
(g) Soldiers in actual service for the defence of the
Province, total: 634. 1 p. |
|
(h) List of stores of war wanted for the Massachusetts
Bay. 1 p. |
|
(i) List of officers in the civil Government of New
Hampshire. Fees as in the Massachusets Bay. Revenue,
Nov. 1710–11,–£1575 (excise, £45; impost £30; tax
upon polls and estate of land and stock £1500. Militia,
1107. Population (adding 5 for 1 for women and
children)—6,642. Fort at Newcastle. Births, 349 and
128 burials. Jan. 1st, 1710–11. 1 p. The whole signed
J. Dudley and endorsed, Recd. July 11, 1711 (sic),
Read July 6, 1713. [C.O. 5, 865. Nos. 92, 92 i.; and
(without enclosures) 5, 913. pp. 412–422.] |
[April 8.]
St. James's. |
376. H.M. Warrant appointing Col. Richard Downes to
the first vacancy in the Council of Barbados. (v. C.S.P. 1704.
Nos. 91, 126). Countersigned, Nottingham. Endorsed, Recd.
(from Mr. Tryon) 8th, Read 14th April, 1712. Copy. 1 p.
[C.O. 28, 13. No. 86; and 29, 12. pp. 411, 412.] |
| [April 8.] |
377. Order of Queen in Council, Dec. 18, 1707, restoring
Tobias Frere to the Council of Barbados. Endorsed, Recd. 8th,
Read 14th April, 1712. Recd. from Mr. Tryon. Duplicate of
C.S.P. 1707. No. 1235. [C.O. 28, 13. No. 87; and 29, 12.
pp. 412, 413.] |
April 9.
Barbados. |
378. Governor Lowther to the Council of Trade and Plantations. Encloses duplicates of March (? Feb. 18), 1712 and
Dec. 20, 1711, and abstract of proceedings "which were had
against Mr. Carter, as your Lordships will perceive by perusing
the Minutes of Council herewith sent. The power of suspending
practitioners in the law hath been frequently practiced by my
predecessors, and never any complaint was made of it, nor any
fault found with it," etc. (v. Feb. 18). Besides appearing
against the Queen when he was Solicitor General, he did all he could
to infuse jealousies and discontentes amongst the people, in
order to disturb the Government and to provoke the people to
clamour against everything that was done: whereas the faultes for
which the other gentlemen were suspended, were only of a private
nature, etc. I am sensible that the Queen is full of clemency and
mercy, and therefore some small time after I had done my duty
in resenting Mr. Carter's ill-treatment of H.M., I gave him to
understand that I would take off his suspension, provided he
would make his submission, and acknowledge his fault, but he
hath not yet thought fit to do it, and I understand he hath
complained home of the proceeding, and hopes to be rewarded,
instead of punished for what he hath done etc. Refers to case
of the Oxford (v. Feb. 18). It is necessary upon this occasion
to informe your Lordshipes that quantitys of tallow and counterband goods are frequently imported here and no entries made
thereof in the Custome House: it is generally believed, and with
good reason, that the said goods are imported by shipes that
come from Ireland, however prejudicial this may be to the interest
of Great Britain, yet I hold it impossible to prevent it, if shipes
are suffered to break bulk before they produce there manifestes,
certificates, and clearance bills in the manner as the law requires,
nor, so long as the chief officers of the Customes, and Admiralty
here, are merchantes. If your Lordshipes shall be of opinion
that I have acted too rigidly in the affair of the ship Oxford,
I hope you will not only impute it to the strictness of my Instructions, and the Law, but that you will direct me how to
govern myself in the like cases for the future; for it is not an
easy matter to pursue my Instructions, and at the same time
prevent the merchantes from clamouring, because in several
cases, the interest of the Queen, and that of the merchants do
interfere, which happens as often as they trade illegally or make
any innovations upon the Actes of Trade. The causes and
reasons of Mr. Skeene's suspension are mentioned in the Address
which the Council and General Assembly presented me upon that
occasion, etc. I humbly beg leave to refer you to the said
Address: but I humbly hope that your Lordshipes will be of
opinion that it's highly reasonable that I should have the nomination of my own Secretary, and that the person which I pitch
upon should have the ancient fees and perquisites that did always
belong to those that were Secretaries to my predecessors. Acknowledges letters of Oct. 26 and Nov. 22. I have already given
directions to have the account prepared, which your Lordshipes
mention, etc. This step will alarm the people that have offices
and places, and make them confederate and clamour against
me: for both the merchantes, patentees, ministers, and other
officers, are jealous, that such an enquiry tendes, either to make
some regulations to their disadvantage, or to displace some of
them, etc. Signed, Rob. Lowther. Endorsed, Recd. May 24,
1712, Read July 17, 1713. Holograph. 4 pp. Enclosed, |
|
378. i. Abstract of proceedings in the Council of Barbados
against Mr. Carter, Solicitor General, Jan. 22, 1712,
suspending him for appearing against the Queen in the
case of the Oxford, etc. Same endorsement. 2 pp. |
|
378. ii. Abstract of Naval Officer's List of ships entered and
cleared at Barbados June 25—Dec. 25, 1711. Number
of ships, England, 49; Plantations, 77. White sugar;
England, 108 hhds., 251 tierces, barrels 34. Muscovado
sugar; England, 9820 hhds., 970 tierces, 788 barrels;
Plantations, 12 hhds., 103 tierces, 219 barrels. Rum;
England, 1 hhd., 3 tierces; Plantations, 1110 hhds.,
654 tierces, 434 barrels. Molosses; England, 22 hhds.,
Plantations, 224 hhds., 44 tierces, 28 barrels. Lime
juice; England, 18 hhds., 9 tierces, 15 barrels; Plantations, 2 tierces, 21 barrels. Cotton; England, 541
bags; Plantations, 92 bags. Ginger; 3717 bags;
Plantations, 13. Alloes; England, 264 goards. Same
endorsement. 1 p. |
|
378. iii. Case of the ship Oxford. Duplicate of No. 318 iv. |
|
378. iv. 31 Depositions relating to the Oxford. Endorsed,
Recd. May 24, 1712. 58 pp. |
|
378. v. Certificate that enclosed papers are true copies.
Signed, Rob. Lowther. ¾ p. |
|
378. vi.–viii. Copy of Minutes of Council and Assembly of
Barbados Jan. 22. Duplicates of Nos. 318 vi.–viii. |
|
378. ix. Copy of proceedings of a Court of Chancery held in
Barbados, Aug. 8, 1711–April 5, 1712. 11 pp. |
|
378. x. List of causes undetermined in the Court of Chancery,
Barbados. Endorsed, Recd. May 24, 1712, Read 17th
July, 1713. 1½ pp. |
|
378. xi. List of French prizes (18) taken and brought into
Carlisle Bay, July, 1711—March, 1712. Same endorsement. 1½ pp. |
|
378. xii. Copies of orders given by Governor Lowther to the
Captains of the men of war, June 28, 1711—Feb. 23,
1712. Duplicate of Aug. 29, 1712. No. 1. |
|
378. xiii. Copy of Minutes of Council of Barbados, May 12,
1709, relating to the Secretary. Endorsed, Recd.
May 24, 1712, Read July 17, 1713. 2¼ pp. |
|
378. xiv. List of French prisoners of war at Barbados. Same
endorsement. 3 pp. |
|
378. xv. Copy of Address of the General Assembly of Barbados to Governor Lowther, Oct. 29, 1711, resenting a
letter addressed by some of the clergy to Mr. Cleland
asking him to obtain redress for the neglect and insufficient endowment of the Church, etc. Same endorsement. 1½ pp. |
|
378. xvi. Copy of the oath taken by H.M. Solicitor General
in Barbados. Same endorsement. ½ p. |
|
378. xvii. Copy of a manifest of the loading of the Oxford
delivered to the Governor of Barbados by Robert
Addison. Signed, Robt. Addison. Same endorsement.
1 p. |
|
378. xviii. Copy of clearance bill of the Oxford from Port
Kinsale. Same endorsement. 1 p. |
|
378. xix. Copy of Governor Lowther's order for seizing the
Oxford, Nov. 21, 1711. Same endorsement. ¾ p. |
|
378. xx. Extract from the Custom house books at Barbados
relating to the Oxford. Signed, John Lane, Collr.
Same endorsement. 1 p. |
|
378. xxi., xxii. Copies of a bond and memorandum proposed
to have been entered into by the Commander and
Consignee of the Oxford. (Duplicate No. 318 v.)
Same endorsement. 6 pp. |
|
378. xxiii. Copy of petition of Robert Knowles, master of the
Oxford, to Governor Lowther that a libel be exhibited
on her seizure, so that he may be enabled to proceed on
his voyage. Signed, Robt. Knowles. Received on
Dec. 27, and ordered that a libel be forthwith exhibited.
Same endorsement. 1 p. |
|
378. xxiv. Copy of petition of Robert Addison, to be admitted
a party in vindication of the Oxford. Same endorsement.
1¼ pp. |
|
378. xxv. Copy of libel exhibited by Wm. Bindloss, purser
of H.M.S. Experiment, against the Oxford. Same
endorsement. 4½ large pp. |
|
378. xxvi. Petition of William Bindloss that Mr. Addison
(xxiv.) may not be admitted a party. Same endorsement.
3 pp. |
|
378. xxvii. (a) Petition of William Bindloss, praying that Mr.
Addison may be examined to interrogatories relating
to the Oxford. (b) The Judge of the Admiralty's decision
dismissing above petition Jan. 14, 17 11/12. Same endorsement. 2½ pp. |
|
378. xxviii. Reply of Robert Knowles and Robert Addison
to the libel of Wm. Bindloss (xxv.). Signed, Richard
Carter, James Cowse, Jan. 7, 1712. Same endorsement.
5 pp. |
|
378. xxix. Reply of Robert Knowles to No. xxv. Same
endorsement. 2 pp. |
|
378. xxx. Exceptions taken by William Bindloss to Knowles'
reply (No. xxix.). Same endorsement. 3½ pp. |
|
378. xxxi. Copy of the report of the Register of the Court of
Admiralty upon the libel, answer, and exceptions (Nos.
xxv., xxviii., xxix., xxx.) in the case of the Oxford.
Jan. 18, 1712. Signed, Stephen Alexander. Same
endorsement. 5 pp. |
|
378. xxxii. Copy of further reply of Robert Knowles and
Robert Addison (Jan. 21, 1711). Signed and endorsed
as No. xxviii. |
|
378. xxxiii. Copy of exceptions taken by William Bindloss
to preceding. Jan. 26, 17 11/12. Endorsed, Recd. May 24,
1712, Read July 17, 1713. 2½ pp. |
|
378. xxxiv. Copy of answer of Robert Knowles and Robert
Addison to preceding. Signed, James Cowse. Same
endorsement. 6¾ pp. |
|
378. xxxv. Interrogatories to be put to witnesses in the
case of the Oxford. Same endorsement. 4 pp. |
|
378. xxxvi. Petition of Robert Knowles and Robert Addison
to Dudley Woodbridge, Judge of the Admiralty, praying
him to dismiss Mr. Bindloss' libel, on the ground that
he was taking no steps to examine witnesses, etc. Feb.
8, 17 11/12. Dismissed, on the grounds that the examination has begun. Feb. 9, 17 11/12. Same endorsement.
Copy. 2¼ pp. |
|
378. xxxvii. (a) Copy of petition of Robert Knowles and
Robert Addison to Dudley Woodbridge, Judge of the
Admiralty, that they be allowed to sail with the Oxford
upon giving security to answer the award of the Court.
Signed, James Cowse. Feb. 16, 17 11/12. |
|
(b) Copy of Judge of the Admiralty's order for an
appraisement of the Oxford, Feb. 20, 17 11/12, prior to
deciding above petition. Same endorsement. 2½ pp. |
|
378. xxxviii. Copy of petition of William Bindloss that the
Oxford may not be admitted to sail before a hearing.
Same endorsement. 3 pp. |
|
378. xxxix. Copy of protest entered by William Bindloss
against the order of appraisement, xxvii. (b). Same
endorsement. 1 p. |
|
378. xl. Copy of a petition of Robert Knowles and Robert
Addison praying a short day for the hearing of the libel
exhibited against the Oxford (xxv.). Signed, James
Cowse, William Walker. Order that the case be heard
on March 8. Same endorsement. 2¼ pp. |
|
378. xli. Petition of William Bindloss that time be allowed
him to examine witnesses, Feb. 29, 1712. Same endorsement. 5½ pp. |
|
378. xlii. Petition of William Bindloss that further time
be allowed him to examine witnesses, etc. Hearing of
case (v. No. xl.) deferred till March 10. Same endorsement. 2 pp. [C.O. 28, 13. Nos. 104, 104 i.–xlii.;
and (without enclosures) 29, 13. pp. 32–46; and (duplicates of Nos. xi., xii.) 28, 43. Nos. 55, 77.] |
| April 10. |
379. Commission and Instructions appointing Francis
Brooke Surveyor General of North Carolina. [C.O. 5, 290.
p. 56.] |
April 12.
Barbados. |
380. Col. Lilly to [? the Earl of Dartmouth]. Refers to letter
of Feb. 18. I presume my instructions from the Board of Ordnance, 1704, to keep my station at Barbados, remain in force, etc.
Signed, Chrn. Lilly. 1 p. Enclosed, |
|
380. i. Extract from Col. Lilly's Journal of his visit to Newfoundland, Nov. 12, 1711. Recommends the building
of a fort on N.W. part of Ferryland Head, etc. Signed,
Chrn. Lilly. 2½. pp. |
|
380. ii. Duplicate of No. 317. [C.O. 28, 43. Nos. 75, 75 i.,
76.] |
| [April 14.] |
381. H.M. Warrant for admitting Charles Long to the Council
of Jamaica upon the first vacancy, Feb. 18, 170¾. (v. C.S.O.
1704, Nos. 79, 107). Countersigned, Nottingham. Endorsed,
Recd. from Mr. Tryon 8th, Read 14th April, 1712. Copy. 1 p.
[C.O. 137, 9. No. 65.] |
April 15.
Whitehall. |
382. The Earl of Dartmouth to the Council of Trade and
Plantations. Encloses following for their report. Signed, Dartmouth. Endorsed, Recd. Read April 16, 1712. 1 p. Enclosed, |
|
382. i. Extract of letter from Lt. Governor Spotswood to
Lord Dartmouth, Feb. 8, 1711. I am taking all necessary precautions for securing the country against the
Indians, and by the voluntary offers of several gentlemen
of the Councill to advance mony on the credit of the
revenue for making good the treaty with the Tuscoruro
Indians, I hope to keep that nation in our interest, and
by that means put a speedy end to the present danger,
unless the French (who 'tis said now trade with Indians
not very remote) should find means to unite their
Indians with those concern'd in the late massacre and
furnish them with arms and ammunition to attack us.
This is the more to be feared, because I have advice from
persons who have lived amongst the Indians that the
Senequa's (a numerous people) have of late been very
industrious to unite all the scattered body's of Indians
on the frontiers of this and the neighbouring Governments, and seem more particularly provoked against
us on account of one of their kings being killed some
time ago by an inhabitant of this Colony as he was
hunting. If they should for this prosecute a revenge,
such a combination of all our neighbouring Indians
might put our frontiers in a very unhappy condition,
considering how ill we are provided to encounter an
enemy, that is no otherwise to be reduced but by a
continual pursuit through the woods and desarts, a
fatigue which our people will never be able to endure
without the conveniency of tents to secure them from
the weather. I therefore humbly offer to your Lordps'.
consideration to move H.M. for a supply out of the
Tower of about 300 soldiers' tents, some small arms and
powder, with two brass three pounders mounted on
feild carriages for an expedition; such a supply would
be of the greatest service, if we should be reduced to
a necessity of pursuing the Indians, or of attacking
them in their forts and without which it will be extreamly difficult to free ourselves effectually from the
invasions of that enemy. 2 pp. [C.O. 5, 1316. Nos.
79, 79 i.; and 5, 1363. pp. 397–399.] |
April 16.
Whitehall. |
383. Council of Trade and Plantations to the Earl of Dartmouth. Reply to preceding. We are humbly of opinion, for the
reasons mentioned Dec. 6th, that considering the present circumstances of Virginia, their inability of supplying themselves,
and the apprehensions Col. Spotswood is under of an Indian
war, which if it should happen, might be of very ill consequence
to that Colony and the tobacco-trade, it is necessary for H.M.
service that Col. Spotswood be supply'd with powder and small
arms, as also with 300 tents, as he now desires, without which we
do not think it practicable for him either to repell or pursue the
Indians in case of any attempt. [C.O. 5, 1363. p. 400; and
5, 1335. No. 170; and 5, 1341. No. 19.] |
April 17.
St. James's. |
384. Order of Queen in Council. Referring to the Council
of Trade and Plantations the following for their report. Signed,
Christo. Musgrave. Endorsed, Recd. 6th, Read 9th May, 1712. 1 p.
Enclosed, |
|
384. i. Petition of Elizabeth, widow of Jordain Salenave,
to the Queen. Prays to be allowed possession of the
plantation in St. Kitts as granted to her Feb. 2, 1692 (3).
(v. C.S.P. 1693. No. 49, and A.P.C. II. No. 489.]
Copy. 2 pp. |
|
384. ii. Copy of Order of King in Council Feb. 2, 1692.
(C.S.P. 1693. No. 49.) [C.O. 152, 9. Nos. 115, 115
i., ii.; and 153, 11. pp. 465–468.] |
| [April 18.] |
385. Col. Nicholson to the Council of Trade and Plantations.
It is proposed that if Canada must remain in the possession of
the French King, that the bounds of it be from the mouth of the
River St. Laurence south-west as far as Mont Real, and from
thence to go on in a westerly line to the sea, and that all that part
of the Continent wch. lies on the north of the river be reckon'd
into the bounds of Canada, Hudson's Bay with the English
settlements therein included, and in lieu of this cession on the
part of Great Britain, the French to be obliged never to come
beyond 20 miles on the south of the said River of Canada, and
that distance to be setled as their southern bounds, provided at
the same time that they are at the mouth of the said River to
keep 20 miles distant from the River and Bay of Gaspes. And
for a satisfaction to the Hudson's Bay Company it is propos'd
that the Queen shall give them all the Islands and terra firma
lying between Cape Roziers of the River of St. Laurence and Cape
Bretton Island, which will be an abundant recompence to ye
company for what they part with in Hudson's Bay, not only
because they will here find the same furr trade they had there,
and a fishery with naval stores into the bargain, but because their
settlements in Hudson's Bay are so far North that ships can't
come to 'em above 3 or 4 months in ye year, and the Canadians
having got their Indians from 'em will beat 'em out of that trade
entirely. This will likewise be a service to ye Crown, as it is a
strengthening to ye Colonies on the Continent, and will be so to
what shall be settled in the Bay of Fundee, whereas their present
settlements are of no use in that respect at all. Signed, Fr.
Nicholson. Endorsed, Recd. 18th, Read 22nd April, 1712. 1 p.
[C.O. 5, 865. No. 79; and 5, 913. pp. 373, 374.] |
April 20.
Whitehall. |
386. Mr. Hare to Mr. Popple. Mr. Secretary St. John
having some matters to discourse ye Lords Commrs. of Trade
upon which will compose ye dispatches of ye next post, designs
to be with their Lordships on Tuesday, etc. Mr. Secretary
thinks it may be proper that Mr. Nicholson, and such of the
merchants trading to New England, and concerned in the fishery
there as ye Lds. of Trade shall think convenient, should attend
att ye same time. Signed, J. Hare. Endorsed, Recd. 20th,
Read 21st April, 1712. 1½ pp. [C.O. 5, 865. No. 78; and 5,
913. p. 372.] |
April 22.
Whitehall. |
387. The Earl of Dartmouth to the Council of Trade and
Plantations. Upon my laying before H.M. Mr. Spotswood's
letter of Feb. 18 etc. (v. April 15 and 16), H.M. has commanded me
to acquaint you that she has been informed great abuses have
been committed in the disposal of stores sent to the Plantations
for the publick service, and that it has been a common practice
to sell arms and other implements of war to those very Indians
against whom they were intended to be employed. H.M. therefore thinks fit that you consider of the most proper methods to
prevent these frauds which are doubly injurious to Her subjects,
particularly you are to give your opinion whether it is not adviseable that the Governor, when any occasion requires he should
make a distribution of arms, ought not to be directed to take
security for their being redelivered into the magazins when the
service is performed. Signed, Dartmouth. Endorsed, Recd.
23rd, Read 28th April, 1712. 1¾ pp. [C.O. 5, 1316. No. 80;
and 5, 1363. p. 401.] |
| April 22. |
388. James Campbell to Mr. Popple. Encloses following.
Signed, Ja. Campbell. Endorsed, Recd. April 23, 1712. Addressed. ½. p. Enclosed, |
|
388. i. Archibald Cumings to James Campbell. London,
April 21, 1712. Reply to questions of April 2 concerning Newfoundland. Mainly agreeing with April 5. Concludes: That trade has lyen under severall dyceadvantages, particularly by severall ships from Spain with
Spanish colours navigated with Spaniards and all
manner of Spanish manufactures by vertue of H.M.
passports under colour of British interest though not
one shilling interested in them, besides linnens, iron,
alamodes, canvis, fruites and oyls, contrary to law
and the prejudice of our manufactures in generall,
and tends to the carrying on an illegal trade to the
plantations, to the prejudice of the trade and navigation
of Great Britain, etc. Signed, Archd. Cumings. 1¾ pp.
[C.O. 194, 5. Nos. 13, 13 i.] |
April 23.
Whitehall. |
389. Council of Trade and Plantations to Mr. Secretary St.
John. Refer to Representation of Feb. 16, and Order in Council
of March 1, 17 10/11 (q.v.) relating to the Revenue of New York.
We have been lately informed by Col. Hunter and Col. Quary,
as also by a Representation from the Council of that Province,
that notwithstanding the repeated and pressing instances of the
Governor and Council, the Assembly continue still obstinate,
and are so far from expressing their duty to H.M. in providing a
suitable revenue for the support of that Government, that they
have made several votes and resolutions derogatory to H.M.
Royal prerogative, one or more of which we take leave to instance
in:—They pretend they do not sit as an Assembly and dispose
of mony by virtue of any Commission, Letters Patents or other
grant from the Crown, but from the free choice and election of the
people in consequence whereof they will not admit of any amendments by the Council to any mony bills. The Governor is
impower'd by his commission to establish such and so many
Courts of Judicature, as he with the advice of the Council shal
see necessary. He having by the advice aforesaid erected a
Court of Equity, the Assembly whereupon resolv'd that the
erecting a Court of Equity without consent in General Assembly,
is contrary to law, without president, and of dangerous consequence to the liberty and property of the subjects. Upon which,
we are humbly of opinion that if the Assembly of New York is
suffer'd to proceed after this manner, it may prove of very
dangerous consequence to that Province, and of very ill example
to H.M. other Governments in America, who are already but too
much inclin'd to assume pretended rights tending to an independency on the Crown. And therefore we humbly offer that H.M.
be pleas'd to signify to the Governor of New York Her displeasure
and disapprobation of such undutiful proceedings of the Assembly;
and that H.M. pleasure be likewise signify'd upon the abovementioned draught of a bill for settling a Revenue at New York
(a copy whereof is here inclosed) for that we have reason to believe,
from their proceedings, that without some provision be made by
parliament here, no revenue will be settled there; as we more
fully laid before H.M. the 13th of November last. [C.O. 5, 1122.
pp. 489–492.] |
| April 25. |
390. Mr. Attorney General to the Council of Trade and
Plantations. I have considered the Act past at Barbados, Aug. 8,
1706, for the better enabling the executors of Christopher Estwick
to pay the debts of the sd. Christopher, in which Act it is recited that
Richard Estwick, gent. having two sons, Richard and Christopher,
and two daughters Elisabeth and Anne, devised one half of his
real estate to Richard and the heirs of his body, with cross remainders in tail among them, charged with the payment of his
legacies. Remainder to his two daughters in tail, remainder in
fee to his widow. That Richard the eldest son dying without
issue, the whole estate came to Christopher, and that he having
made his will, and thereby made some provision for his onely
son, and two daughters, and made several executors, and not
having fully discharged his father's legacies, dyed incumbred
with debts to the amount of £6000. That the said Christopher
was also seized of several negros of his own purchase; that the
creditors had commenced or threatened suits agt. his executors
for recovery of their debts, whereby his personal estate, and his
negros were in danger of being wholly extended and sold to satisfie
them, and if the negros are taken off from the Plantation, whereof
he was seised in tail, the Plantation would become of little value
to the son, which could not be prevented by any way but by
applying the whole profits of the estate to discharge the incumbrances, and by allowing the creditors interest in the mean while
at 10 p.c., and that the executors did conceive that this way the
estate would in all probability be preserved entire, and be cleared
by the time the son should come of age. And therefore it is
enacted, that the executors be impowered to apply the profits
of the whole estate towards payment of debts and incumbrances,
and to allow the creditors 10 p.c. interest till paid off. Which
Act, I am of opinion, is unreasonable, in regard thereby the entailed estate, which descended to the infant, and was not chargeable with the debts of his father, is charged with the same, and
also with 10 p.c. interest, and no provision whatsoever is reserved
for the son, during the time the debts are clearing. I beg leave
to take notice on this occasion that the Governors of the Plantations do not observe their instructions in transmitting the
Laws passed in the Plantations, within the time prescribed for
them to transmit the same. It appearing in this particular case,
that this Act was passed Aug. 8, 1706, and not reced. by your
Lordships till 12th Feb. 1711, and therefore I submit it to your
Lordps.' consideration, whether the Governors of Plantations
are not to be put in mind of taking care that laws passed in H.M.
Plantations be transmitted for H.M. approbation in due time.
Signed, Edw. Northey. Endorsed, April 29, Read May 22, 1712.
2 pp. [C.O. 28, 13. No. 90; and 29, 12. pp. 425–428.] |
April 28.
Council Office. |
391. Mr. Musgrave to the Council of Trade and Plantations.
I am commanded by ye Lords of H.M. most honble. Privy Council
to desire yr. Lordships will forthwith transmit all such papers
etc. as shall be in your possession yt. relates to ye disorders of
Antegoa, etc. Signed, Christo. Musgrave. Endorsed, April 29,
1712. 1 p. [C.O. 152, 9. No. 110; and 153, 11. p. 456.] |
April 30.
(May 3 and 30th). Charles Fort in St. Christophers |
392. Robert Cunynghame to the Council of Trade and
Plantations. I beg to lay my case before your Lordships, being
now a prisoner in Charles Fort under the oppression of Walter
Douglas, Capt. General of the Leeward Islands. The 29th Nov.
last was sworn a Representative in the Assembly of this Island,
the same day was brought to them from the General and Council
by John Willett a bill for raising a levey to defray the publick
charges of this Island with the Queen's seale for this Government
affix'd to it, by which the General did expect should be paid him
100,000 pounds of sugar in cash. Mr. Willett said the seale was
affixed the General being in hast to be gone; I then had my
protest against it entered into the Minutes of the Assembly, the
Island being in such unhappy circumstances that we canot make
such presents which did beleive would be entailed upon our
posterity and for such other reasons as the great hast to have the
bill past would not allow time to reduce into writing. Jan. 7th
being the next time the Assembly met and Speaker present,
I entered into the Minutes my other reasons for protesting against
the said Bill (enclosed). Some time after I received a message
by a friend from Mr. Thornton the General's great favorite
advising me to consider my numerous family, but not to be so
frightened from my duty I spoke more openly against the General's having the 100,000 lb. sugar, the Bill not having the consent
of the majority of the Assembly as the Queen directs in her commission. In all times before, whenever a levey bill was in
agitation, it had seven yea's in the Assembly, then was signed by
the Speaker and sent to the Council, which if approv'd of by
them, Council and Assembly offer'd it to the General, who allowing
of signed it and commanded the seal to be affixed, but, My Lords,
General Douglas is satisfied with five yea's and the Speaker,
provided he have the 100,000 lb. sugar notwithstanding our
being at present objects of the Queen and Parliament's charity
in making good in some measure the losses sustained by the
French, our much greater losses by the hurrycane (many can
say) which happened the night between the last of August and
first of Sept. 1707, our perticular very great debts, which if
compelled to pay would ruine most of the inhabitants, and the
publick debts which by accots. adjusted amount to about £6500.
Being informed on Sunday the 13th that the General who arrived
here the friday before had some persons examined for words
spoke by me, as I had said nothing but the truth, I writ him on
the 14th what I had said. I must acknowledge I could have writ
more civily, but under a cloak of greatest friendship he put
hardships upon me and my children, etc. The same day I was
served with a falce, scandalous and malicious warrant (v. No. ii.).
In answer to the first charge, tho' I have served the Crown many
years in the regular troops as Commandant of the Windward
side of the Island, the Queen in her Council here, as Speaker to
a General Assembly, and for several years to the perticular
Assembly of this Island, yet no gentleman has bin so regular in
riding the rounds as myself, and have ever press'd a more regular
discipline, and in the parish of St. John Capisterre there has bin
but seven men to do duty in the Foot, and but now six of which
four are my servants, and when we had the seventh man he was
hired by us in common to attend our negroes in building a Church,
there are four members of Council livers in the same parish, and
all together have not one man to do duty in the foot: to the
second charge, I have spoke openly against the General's having
the 100,000 lb. sugar as contrary to the Queen's intentions and
not having the consent of the people's Representatives as H.M.
directs in her Commission. I have also told the General in
perticular and as his friend of the wrong I thought he did the
Queen and himself in giving as I thought the Militia out of H.M.
power, by consenting that all persons shal serve in such stations
as shal be directed by the seven chief officers of the Island which
your Lordships will judge of, if the Act be laid before you. I was
had the 15th before the General in Council. He ask'd me if he
was the Queen's Chief Magistrate here, I answered, he was. He
having my letter in his hand ask'd me how I dared to writ it to
him. I answer'd I had writ it and would stand by it. He asked
me where I would be tryed, in England or here. I answer'd
where he pleas'd, He charg'd me with sedition. I answer'd I
am as faithfull and loyal a subject as any the Queen has. He
bid me remember Col. Park at Antigua. I answer'd I hoped St.
Kitts would never be guilty of the like, that I wisht him alive
and at the head of that board. He askt if I had anything else
to charge him with, if I had to declare it, my answer was I would
not there, but in proper time and place I should. He asked me
what authority I have to write to your Lordships, I answered
I am one of the people's representatives, have a smal estate and
numerous family. He wisht himself upon a level with me.
I wisht he was. Mr. Liddell interposed desired me not to aggravate matters, but that they might be composed. I answered I
did not aggravate, but should be pleas'd if H.E. was gratified,
a paper was brought him ready sealed, which being read to me
was a mittimus to Charles Fort for high crimes and misdemeanors.
I offer'd bayle, which he refused: I applyed to the Queen's
Council, offering bayle. Mr. Liddell answered I did see the
General would not allow of it. I desired a copie of the mittimus,
the General said I should have it, but I have it not,—was hurried
away in the great heat of the day as the greatest of malefactors
and not allowed to stay in towne the coming of my horse. On
Wedn. the 16th Mr. James Rawleigh came to Lt. Holland the
officer commanding the Fort and told him 'twas the General's
order he should attend him and carry the mittimus. I desired
of Lt. Holland a copie of it, he refused untill he should go to the
General. On the 17th I desired of Lt. Holland a copie of the
mittimus, his answer was he had left it with the General. On
Good friday the 18th my little son of twelve years old bringing
me a letter from his mother, Lt. Holland took me aside, advised
me to be cautious, for that he had orders from the General that
no letters should come to nor go from me but what he should see.
Your Lordships do see the oppression I lye under, being haled
from my wife and eleven children on a false pretext, committed
a prisoner as for high crimes and misdemeanours, do know none
of them, am denied a copie of my mittimus, had none of the
evidence confronted, know not what is sworne against me, and
£4000 bayle refused for my appearing to a tryal, and this very
letter is privately writ to your Lordships, who are appointed by
H.M. to hear the complaints of her oppressed subjects in the
Plantations. I perswade my self your Lordships will take such
measures herein as shal be for the Queen's honor and ease of her
oppressed subject, who values himself on his having the honor
to be descended from an ancient, noble and loyal family, and the
son of a gentleman Richd. Cunynghame, late of Glengarnock,
who did as great services for King Charles I and II in their
misfortunes as any of his rank. I do hope I may have reason
likewise to value myself on the justice I shal have against General
Douglas by your Lordships' means. Signed, Ro. Cunynghame.
Endorsed, Recd. Read Aug. 12, 1712. 3 pp. Enclosed, |
|
392. i. Copy of Robert Cunynghame's reasons for protesting
against the Act of St. Christophers for raising a levey to
defray the public charges, etc. Jan. 7, 17 11/12. 2 pp. |
|
392. ii. Copy of General Douglas' warrant for the arrest of
Robert Cunynghame, on the charge "made to appear
to me this day in Council by the information of divers
persons upon oath, that he hath industriously and of
his evil disposition endeavoured to stir up the militia
to mutiny and disobedience of their officers," etc. "and
to move the inhabitants to disobey the Acts of the
Council and Assembly," etc. Signed, Walter Douglas,
April 14, 1712. ½ p. [C.O. 152, 9. Nos. 125, 125 i.,
ii.; and (without enclosures) 153, 11. pp. 500—507.] |
