571. Governor Lowther to the Lords of the Committee of
Appeals. Replies in detail to the charges of Alexander Skene,
as ordered Oct. 14, 1713. Signed, Rob. Lowther. Endorsed,
Recd. Read 4th Jan. 1714/15. 9 closely written pp. Enclosed,
571. i. Deposition of Thomas Neale that the following are true
copies. 6th March, 1713(14). Signed, Rob. Lowther.
571. ii. (a) Copy of proceedings for taking depositions in the
case of A. Skene, pursuant to the Order of Council 14th
571. ii. (b) Copies of Depositions taken by the Governor's
order before Thomas Neale, in connection therewith,
by William Tonstall, Lt. General John Frere, Thomas
Maxwell, Wm. Grace, Saml. Barwick, John Mills, Samll.
Husbands, Edmund Sutton, with Skene's protest, etc.
27 Jan. 1713(14). 23 closely written pp.|
571. iii. Deposition of Thomas Prideaux and Robt. Bishop, that
the following are true copies. Signed, Robt. Lowther.
571. iv. (a) Copy of petition of Alexander Skene to Thomas
Prideaux and Robert Bishop, demanding the summoning
of his witnesses, etc., Jan. 15, 1713/14, for the hearing of
his case in the Council Chamber.|
571. iv. (b) Copy of petition of Alexander Skene to Governor
Lowther, April 22, 1713, to be restored to the profits
of his office of Secretary since his suspension, detained by
Arthur Upton and Saml. Barwick, contrary to H.M.
Order in Council 16th Dec. 1712, and H.E.'s order of
28th March, 1713. In answer to above the Governor
replied that petitioner must apply to the Queen.|
571. iv. (c) Copy of reply of Arthur Upton to Governor
Lowther, 12th April, 1713. When Skene applied to me,
I said I was surprised at the Governor's order to refund
the profits of the Secretary's office, and had spent it,
571. iv. (d) Copies of depositions relating to above by Hall
Belgrave and Herman Vonlengerhen, Wm. Grace,
Samuel Beresford, Thomas Maxwell, John Lane,
Timothy Salter, John Frere, John Pilgrim, Thomas
Alleyne, John Mills, and Samuel Cox. Jan. 19, 1713 (14).
The whole, 34 pp.|
571. v. Governor Lowther to the Queen. Sept. 2, 1713. In
reply to Skene's misrepresentations, relates the whole
history of the proceedings in the case, with copies of
orders, petitions, depositions, relating thereto. Signed,
Robt. Lowther. 104 closely written pp.|
571. vi. Deposition of William Tonstall that preceding papers
are true copies. 6th March, 1713/14. Signed, Robt.
Lowther. ¾ p. [C.O. 28, 16. Nos. 1, 1 i.–vi.]|
572. Four affidavits as to the course and common rights to
the Three Houses spring in Barbados (v. Jan. 21). Signed,
Joseph Thorne, Feb. 1, 1713. ¾p. James Graeme, Feb. 1, 1713.
½ p. Edward Skeete, July 11, 1713. 2½ pp. Roger Webb, July
11, 1713. 2¼ pp. The whole endorsed, Recd. Read 2nd Feb., 1713/14.
[C.O. 28, 14. Nos. 12–15.]
573. Council of Trade and Plantations to the Lord High
Treasurer. We have no objection to granting Mr. Byrd such a
licence in the manner proposed (v. Jan. 25th). [C.O. 5, 1364. p.
574. Mr. Popple to Mr. Lowndes. The Council of Trade and
Plantations having received my Lord High Treasurer's commands
to report how the affairs of H.M. several Plantations may be
put into such a method as to be able by ways and means among
themselves to support the whole charge of their Governments;
they desire an account of the annual expence of the said Plantations, etc. [C.O. 324, 10. p. 39.]
575. H.M. Instructions to John Hart, Governor of Maryland.
Signed, A. R. [C.O. 5, 189. pp. 120–184.]
576. The Queen to Governor Lowther. Whereas we have
thought fit to recall you from the Government of Barbados, etc.,
upon the receipt hereof you are to deliver unto our Trusty and Well
beloved William Sharpe President of our Council, etc., the seal,
publick papers and ensigns of Government, and forthwith repair
into our Royal Presence. Countersigned, Bolingbroke. [C.O. 324,
33. pp. 30, 31.]
577. Council of Trade and Plantations to the Queen. The
Agent for Barbados having presented a memorial complaining
that of late quantities of rum, sugar and molosses have been
imported from Surinam to New England and other your Majesty's
Provinces on the Northern Continent, to the great detriment of
your Majesty's sugar Plantations, and the trade and navigation
of this Kingdom, we have heard him, as also the agent for the
Massachusets Bay; and thereupon take leave humbly to
represent to your Majesty, that by Acts passed in the 12th and
25th years of King Charles II. (quoted) certain goods vizt., sugar,
tobacco, cotton, wooll, indico, ginger, fustick or other dying
wood of the growth of the said Plantations are prohibited from
being shipped or transported from any of the English Plantations,
to any place but the Kingdom of England, Ireland or to other of
the said Plantations. And by an Act passed in the 3rd and 4th
years of your Majesty's reign, rice and molosses are under the
like restraint and penalties. But we do not find that there is
any law which prohibits your Majesty's subjects in the Plantations
from fetching any of the sd. goods from Surinam or other foreign
Plantations in America, by which means several European goods
are carryed to the said Plantations, contrary to the Acts of Trade
and Navigation, and therefore we humbly offer that it will be
for the advantage of the trade of this Kingdom and of the sugar
Plantations, that the trade between your Majesty's Plantations
on the Northern Continent, and the said foreign Plantations in
America, for rum, sugar and molosses, be prohibited by law here.
[C.O. 5, 913. pp. 409–471.]
578. Mayor and merchants of Dartmouth to the Council of
Trade and Plantations. Urge that, the boundaries of Newfoundland having been settled by the Peace, the French be not allowed
to encroach on us as formerly they have by little and little done,
and that a brigantine be appointed to go continually round the
land, to see that the French leave the country after the cod fishing
season is over, in such parts as leave is granted 'em according to
the Treaty, and do not resettle there, etc. Signed, Caleb Rockett,
Mayor, and 46 others. Endorsed, Recd. Read Feb. 11, 17 13/14.
1 p. [C.O. 194, 5. No. 32; and 195, 5. pp. 320–328.]
579. Council of Trade and Plantations to the Lord High
Treasurer. Representation on petition of Anthony Swymmer,
and Johanna Kupius etc. (v. Oct. 1st, 1713 and Jan. 15, 1714).
It does appear to us that the said estate is escheated to H.M.,
and that H.M. may grant the same to whom she shall think fit,
etc. (as set out in first part of A.P.C. II. No. 1284, q.v.). Concludes:
But as we have been inform'd, the valuation of this escheat,
as returned by the jury, is much less than in reality it ought to
be, we are of opinion there shoud be another inquisition before
the said escheat be granted. [C.O. 138, 14. pp. 69–73.]
580. Lord Bolingbroke to the Council of Trade and Plantations. Mr. Secretary at Warr has represented to the Queen
that complaint has been made by the Assembly of Jamaica
concerning the keeping of Mr. Handasyde's Regiment there, and
he has at the same time desired H.M. orders to him for his guidance
in this matter; I am thereupon commanded to let your Lordships
know that you should call before you such merchants and planters
belonging to the said Island as are here, and enquire of them
concerning the nature and ground of this complaint, and concerning the use this Regiment is of to the Island; and upon the whole
state to H.M. your opinion in relation both to the complaint, and
to the necessity of keeping the said Regiment in Jamaica; to the
end that if it appear to be of no advantage to the Island to have
the Regiment continued, it may be recalled; but if on the contrary
it be necessary for the safety and defence of the said Island, it
may be kept there, and enjoy the same allowances, which have
been usually given. Encloses copy of letter from Col. Moody
at Lisbon (v. Jan. 25). H.M. directs that you should consider of
it, and lay before her what Instructions you think necessary
upon the points mentioned by Col. Moody; as also upon any other
matters, which he has not taken notice of, and on which you may
judge it to be fit that Instructions should be given for the benefit
and improvement of that important Colony. Signed, Bolingbroke.
Endorsed, Recd. 16th, Read 17th Feb. 1713/14. 2 pp. [C.O. 137,
10. No. 41; and 13S, 14. pp. 73–75.]
581. Capt. Taverner to the Council of Trade and Plantations.
Col. Moody being detained at Lisbon, proposes that he be
dispatched at once to Newfoundland with money and stores,
etc., in a ship burthen about 180 tons, etc., Signed, Wm. Taverner.
Endorsed, Recd. 16th Feb. 1713/14. Addressed. 1½ pp. [C.O.
194, 5. No. 32; and 195, 5. pp. 329–331.]
582. Council of Trade and Plantations to Lord Bolingbroke.
Enclose copy of memorial of Mayor, etc. of Dartmouth (v. Feb. 11).
In our humble opinion nothing will tend more to the publick
service, than that a survey be made of Newfoundland, its several
harbours and fishing places, as propos'd by the said representation. But we are apprehensive a brigantine therein mention'd,
will be too small, and that such a ship as propos'd by Capt.
Taverner Feb. 16 (copy enclosed), will be much more fit for that
service. [C.O. 195, 5. p. 332.]
583. Mr. Popple to Mr. Thurston. Refers to preceding.
Concludes:—The Council of Trade and Plantations desire to
speak with such merchants and planters of Jamaica as are in town
on Tuesday next, etc. [C.O. 138, 14. pp. 75, 76.]
584. Mr. Pople to Col. Laws. As preceding. [C.O. 138,
14. p. 76.]
585. Copy of Privy Seal for Commission of Trade and
Plantations (Francis, Lord Guildford, Sir Phillip Meadows,
Robert Monckton, Arthur Moore, Sir John Hynde Cotton, John
Sharpe, Saml. Pytts, Tho. Vernon) etc., as Jan. 31, 1712, and
directing salaries for them and the under officers of the Plantation
Office, etc. 4½ pp. [C.O. 388, 76. No. 163; and 389, 37.
586. Col. Lloyd, President of the Council of Maryland, to
Lord Bolingbroke. Encloses Journals of Council and House of
Delegates, and laws made the session, Oct. 27, 1713, etc. In
obedience to H.M. royall commands in favour of her Secretary
of this province, I exerted my utmost endeavours to perswade the
delegates to yeild due complyance thereto, and enact a law to
settle the fynes or ordinary lycences upon H.M. Secretary of this
province, without lymitation of tyme, and to make him an
equitable satisfaction for the meane profitts of those lycences,
which he has lost since 1704. And altho' I was not able to induce
the delegates to pass such a law etc., yet I doubt not, but that it
will be evident by the many repeated messages, that I left no
means possible, that I was capable of, unused to perswade their
complyance. My Lord, as to the laws past this last session, they
not being of any great import, and most of them private Acts,
I am in hopes they will meete your Lordps. good countenance
and H.M. royall approbation etc. Signed, Edwd. Lloyd. Addressed. Sealed. 1 p. [C.O. 5, 720. No. 19.]
587. Order of Queen in Council. Approving representation
of Jan. 15 (q.v.), and confirming Acts of Pennsylvania accordingly.
Signed, Edward Southwell. Endorsed, Recd. 9th, Read 17th
March, 1713/14. 3¾ pp. [C.O. 5, 1264. No. 142; and 5, 1292.
pp. 412, 413.]
588. Order of Queen in Council. Approving representation
of Jan. 15 (q.v.), and repealing Acts of Pennsylvania accordingly.
"And it is further ordered by her Majesty, that the Deputy
Governor, Council and Assembly of Pensylvania, be, and they
are hereby strictly enjoyn'd and required not to permit the said
laws or any part of them to be from henceforward put in execution,
but that they forthwith declare the same to be null and void
to all intents and purposes, as they will answer to the contrary."
Signed, John Povey. Endorsed, as preceding. 3½ pp. [C.O.
5, 1264. No. 143; and 5, 1292. pp. 414, 415.]
589. Order of Queen in Council. Approving representation
of Feb. 9th, and ordering Mr. Attorney and Mr. Solicitor Generall
to prepare the draft of a bill to be offered this Parliament for
prohibiting the importing of rum, sugar, etc. from Surinam to
New England. Signed, Edward Southwell. Endorsed, Recd.
15th March, 1713/14, Read July 28, 1715. 1 p. [C.O. 28, 14. No.
45; and 29, 13. pp. 317, 318.]
590. Council of Trade and Plantations to Lord Bolingbroke.
Enclose copies of Lt. Governor Pulleine's letter and enclosures with
complaints against the Spaniards for seizing ships since the peace.
(v. Jan. 9). Autograph signatures. Endorsed, Demand reparation.
Write to Lawless. 1p. Enclosed,
590. i.–iii. Duplicates of Nos. 544, 544 i., ii. [C.O. 37, 26.
Nos. 18, 19, 19 i., ii.; and 38, 7. pp. 188, 189.]|
591. Col. Lawes and others to Mr. Popple. Propose that if
the Regiment is recalled from Jamaica, the private sentinels
may be left at liberty to stay or return, etc. Signed, Nicholas
Lawes, Charles Kent, Rich. Thompson, Richd. Rigby, Tho.
Mitchell, Wm. Willard. Endorsed, Recd. 24th Feb., Read 5th
March, 1713/14. 1 p. [C.O. 137, 10. No. 43; and 138, 14. p.
592. Address of the Council and Assembly of the Massachusetts
Bay to the Queen. The timber and produce of this your Majesty's
Province, could we be so happy as to have it further encouraged,
might be of the greatest profit and advantage not only to your
Majesty's good subjects here, but also to your Majesty's Royal
Navy and all your Majesty's good subjects at home tradeing in
that article. (1) In this Province as well as in those next
adjoyning there are great quantitys of all sorts of timber. (2)
Importation of timber etc. from Norway and the East Country
hath been the occasion of the exportation of great quantitys of the
British coine. (3) The distance of scituation and consequently
the dearness of freight together with the Custom prevents the
importation of the best of all sorts of timber from your Majesty's
Plantations in North America. (4) But were the Custom so
proportioned that freight and Custom from America should not
exceed freight and Custom from the East Country such importation might be encouraged etc. Pray H.M. to direct accordingly.
Return thanks for the continuance in office of Governor Dudley,
etc. Signed, Isc. Addington, Secry., John Burrill, Speaker.
Endorsed, Recd. May 23, 1714. 1 large p. [C.O. 5,752. No. 2.]
593. Copy of clause in Governors' Instructions empowering
them to command the inhabitants to join with the soldiers in
case of any invasion (v. Nos. 565, 580, 594). [C.O. 5, 4. No. 5.]
594. Council of Trade and Plantations to Lord Bolingbroke.
In obedience to H.M. commands (Feb. 16) we have considered Col.
Moody's desire of having some new instructions, and are humbly
of opinion that the first and second articles proposed by him,
as also the first part of the fourth, relating to his being impower'd
to command the inhabitants to join the soldiers in case of any
invasion of pirates or any other enemies, are reasonable; and we
presume the enclos'd (v. preceding) will be sufficient for that
matter. As to the third Article, to be impower'd to hold a Court
Martial etc., we think 'tis improper as proposed, for that the
Govrs. of the Plantations are not impower'd to execute Martial
Law, but only in time of war, and as is express'd in the said
clause, and the said Govrs. are restrained by their Instructions
from putting the said Law Martial in execution upon any of the
inhabitants without the advice and consent of the respective
Councils. We are apprehensive that the power he desires, of
commanding the inhabitants at convenient times when the
fishing season is over, to fell timber for pallisadoes, and for building
a large fort, etc., may be attended with the inconvenience of
subjecting the inhabitants to be harass'd at the will of the
commanding officer. Autograph signatures. 2 pp. [C.O. 194, 23.
No. 11; and 195, 5. pp. 333, 334.]
595. Lord Bolingbroke to Lt. Governor Moody. A frigat
was dispatched from hence about the latter end of Sept. with
several orders relating to your taking possession of Placentia
(v. Sept. 25). This ship we find got safe to Placentia. But I
understand from the Lords of the Admiralty that they have
advice from the Commander that he designs to return home as
soon as possibly he can. It being therefore likely that you may
miss of the ship, and not receive those dispatches, I thought it
requisite to send duplicates (inclosed). You will observe upon
perusing these papers that by reason of your not getting to
Newfoundland last winter, several of those orders may upon your
arrival in the spring be found to be of no further use, the French
having now had time enough to prepare to remove upon your
appearing to take possession of Placentia. However it is fit that
you should know H.M. resolutions in all events; and I hope the
copys inclosed of the orders to Monsr. de Costebelle will have as
much force as the originals, in case of necessity, they having been
sent with my first packet. I have received your letters of Dec.
24th and Jan. 25th from Lisbon. The duplicates of your
memorials I transmitted to my Lord Treasurer, and I recommended to his Lop. at the same time the care of furnishing
subsistence and provisions to the troops under your command.
Your proposals for the security of Placentia, and consequently
for the encouragement of commerce there are laying before the
Lords of Trade. I shall endeavour to get answers both from that
Board and from the Treasury, and then I shall be sure to transmit
them to you at Placentia by the first opportunity, which I expect
to have very soon. Signed, Bolingbroke. [C.O. 324, 33. pp.
596. Lord Bolingbroke to the Council of Trade and Plantations. I have lay'd before the Lords of the Councill, your letter
of the 23rd instant, etc. Their Lops. think it proper, that before
they offer any opinion to H.M. etc. your Lordps. should advise
with the civil lawyers, etc., and when you have discours'd these
Gentlemen, you will please to report what your own sentiments
are, and likewise what are those of the civilians. Signed,
Bolingbroke. Endorsed, Recd. 27th Feb., Read 1st March, 17 13/14.
2 pp. [C.O. 37, 9. No. 28; and 38, 7. pp. 189, 190.]
597. H.M. Warrant to Mr. Attorney or Mr. Solicitor General
to prepare a bill for appointing Richard Carter Attorney General
of Barbadoes, with a clause obliging him to residence, and
revoking the letters patents of Thomas Hodges. Countersigned,
Bolingbroke. [C.O. 324, 33. pp. 34, 35.]