38. Order of the Lords Proprietors of Carolina confirming
a temporary Act of 1698 for ascertaining fees, which was continued
by several subsequent acts. [C.O. 5, 290. p. 78.]
39. Mr. Addison to the Council of Trade and Plantations.
The Lords Justices desire you will receive informations from the
fishing burroughs, whether such a survey be necessary as was
proposed by Mr. Taverner; whether Mr. Nicholson may not
properly be directed to procure such a survey to be made; if
not, and that you think it necessary, you are then desired to
recommend to their Excys. a person fit for that service, according
to the informations which you shall receive from the Traders
above mentioned. Signed, J. Addison. Endorsed, Recd. 1st,
Read 2nd Sept., 1714. 1 p. [C.O. 194, 5. No. 52; and 195, 5.
40. Memorial of several merchants trading to Newfoundland
to the Lords Justices. We received great satisfaction when
we understood last year a person was ordered to go over to
Placentia, as well to take care that the French did not encroach
on our fishery, and that duely performed the Treaty of peace,
as also to survey those parts of Newfoundland that now belonge
to the Crown of Great Brittain, and to make draughts and mapps
thereof, as we have not yet any certain mapps of those parts, nor
of the harbours and bays therein, and that Capt. Taverner was
appointed for the same, a most ingenious and expert seaman,
who his whole lifetime hath used the said fishery and trade, etc.
Signed, John Lambert, Solomon Merrett and 16 others. Endorsed, Recd. (from Mr. Merrett) 3rd, Read 7th Sept., 1714. Copy.
1 p. [C.O. 194, 5. No. 54.]
41. Mr. Popple to Sir John Lambert, Bart. The Council of
Trade and Plantations desire to speak with you and such other
merchants trading to Newfoundland as you may think proper
to bring with you, to-morrow, in pursuance of No. 40. [C.O.
195, 5. p. 415.]
42. Council of Trade and Plantations to the Lords of the
Committee for hearing Appeals from the Plantations. Reply
to June 5 q.v. We humbly take leave to represent that as to such
laws which are made in H.M. Plantations (not granted in Propriety) the mischief complain'd of, may be prevented by H.M.
Instructions to his Governors there; and we conceive that
one of the Instructions already given to all H.M. Governors may
be sufficient for that purpose if duly comply'd with. (Instruction
as to Temporary laws quoted). Upon which we humbly offer
that H.M. express pleasure be signify'd to the said Governors,
that they take care the foregoing Instruction be punctually
observ'd. As to the laws to be made in the Proprietary Governments, we are humbly of opinion that mischief cannot be remedied
there, but by an Act of Parliament of Great Britain, for that the
Proprietors thereof have a right vested in them, of the power of
making laws granted by their Charters, and are not, nor can now
be put under any other restraint or regulation than such as are
contain'd in their respective Charters, but by an Act of Parliament.
As to Pennsylvania, we are inform'd, directions were given for
perfecting the agreement with Mr. Pen, and for preparing an
Act of Parliament, to supply his incapacity, and to alter the
method complain'd of as to temporary laws; and the time limited
for transmitting and approving laws made there; but dureing
the last Session of Parliament, a Bill for that purpose could not
be settled, in regard of some differences between the mortgagees
and the family of Mr. Penn. We humbly take leave to represent
that there is not any obligation by Charter to return the laws
made in the Proprietary Governments of Carolina, Connecticut
and Rhode Island, for the approbation of the Crown, and therefore
we think it necessary that an Act of Parliament be pass'd to oblige
them to transmit their laws, and to have them submitted to H.M.
approbation. [C.O. 5, 1292. pp. 418–421.]
South Sea House.
43. Sir John Lambert to the Council of Trade and Plantations.
Reply to Sept. 2. I have already signed a memorial to the Lords
Justices recommending Capt. Taverner, etc. Signed, John
Lambert. Endorsed, Recd. 3rd, Read 7th Sept., 1714. 1 p.
[C.O. 194, 5. No. 53; and 195, 5. p. 416.]
44. Mr. Popple to the Lord Provost of Edinburgh, and the
Mayors of Exeter, Bristol, Plymouth, Dartmouth, Weymouth,
Poole, Fowey, Barnstable, Leverpoole, and to the Collector of
the Customs at Biddeford. Asks for their opinion on the survey
of Newfoundland as directed No. 39. [C.O. 195, 5. pp. 417,
45. Warrant of the Lords Proprietors of Carolina appointing
Nicholas Trott, Chief Justice of South Carolina, to be always
one of the four deputies required to form a quorum for the passing
of laws. "And unless the said Nich. Trott during his being
Chief Justice be of the quorum, no four of our Deputies shall be
reckoned a quorum for passing laws unless the said Nich. Trott
is one and doth ratify and confirm the same." [C.O. 5, 290. p.
46. Warrant of the Lord Proprietors of Carolina, authorizing
Chief Justice Trott to appoint Provost Marshalls of all Courts
he shall hold. [C.O. 5, 290. pp. 80, 81.]
47. Lords Proprietors of Carolina to the Governor and Council
of South Carolina. We are given to understand that our Chief
Justice had made a very accurate edition of the laws of our
Province. Our orders to you are that you cause the fairest
transcript of the said laws to be laid before you; and that our
Chief Justice direct the making two fair transcripts of the same,
one to be sent to us and the other to remain in his hands for our
use; and that our Treasurer pay for the sums which our Chief
Justice shall order the Clerks to be allowed not exceeding fourscore pounds. We have heard complaints from several hands
of an Act that you have passed, called your Banke Act. We
recommend it to you to consider of some expedient to prevent
the mischiefs of that Act least upon further complaints we should
be forced to repeal the said Act. It being exclaimed against
by our London Merchants as very prejudicial to trade. Signed,
C[arteret] P[alatine], M. A[shley], J. D[anson]. [C.O. 5, 290. p.
48. Warrant of the Lords Proprietors of Carolina to William
Rhett, Receiver General, to pay Nicholas Trott, Chief Justice of
South Carolina, £100 per annum during his continuance in that
office, £25 per annum for his finding a clerk of the Crown, £15
per annum for expences of General Sessions; £5 each to the
Ministers appointed by the Chief Justice to preach the Sessions
Sermons; and for the expences of the Court of Common Pleas
to be held four times every year 50s. each Court. [C.O. 5, 290.
49. Lt. Governor Moody to the Council of Trade and Plantations. Refers to previous letter. The two French men of warr,
who sailed from hence with part of the cannon and stores to Cape
Brittoon are returned hither, and have taken on board all yt.
remained with all the French forces, and will sayle in a few days,
with severall French merchant ships who have stayed here to
carry such of their inhabitants and their effects as will goe to
Cape Brittoon or France which will compleat their evacuationof this place. My Lords there has not one English ship or inhabitant appeared to make the fishery for codd in this harbour, but
12 saile of English ships came hither to purchase fish, and sell
their merchandize, who upon their arrivall finding that I had
publickly forbid the French to fish, petitioned and sollicited me
that they might continue their fishing, could I but contrive
anyway to gett them fish at a reasonable price, otherwise they
must of necessity return empty with their ships which would
be a very great loss and disappointment to their owners and to
the English trade. I judged it therefore much more advantageous for ye English than the French to lett them goe on with their
fishing but with this reserve, that they should sell fish to the
English at a lower price than they could purchase it anywhere
else, and I have managed the French in such a manner as has
surpriz'd both them and the English, but much to the advantage
and content of the latter, who would gladly have given the French
13½ livres per quintall, to have been but sure of their fish, when at
the same time I have obliged the French to sell their fish to the
English at 12½ livres, tho' they give 13½ and 14 amongst themselves, etc. I hope for your Lordships' approbation, etc. Signed,
J. Moody. Endorsed, Recd. 13th Oct., 1714, Read 2nd March,
17 14/15. 2pp. [C.O. 194, 5. No. 77; and 195, 5. pp. 25–28.]
Fort Kykoverall, Rio Essequebe.
50. P. Vanderheyden Rézen to the Directors of the Dutch
West India Company. Signed, P. Vanderheyden Rézen. Endorsed, Read Dec. 13th (N.S.), 1714. 8½ closely written pp. Dutch.
50. i.–v. Ships' clearings. Dutch. [C.O. 116, 21. Nos. 12,
51. Mayor and Magistrates of Dartmouth to Mr. Popple.
Reply to Sept. 7th. Such a survey of Newfoundland is actually
necessary, etc. Recommend John Roop. Signed, Caleb Rockett,
Mayor, and 6 others. Endorsed, Recd. 20th Sept., 1714, Read 2nd
March, 17 14/15. Addressed. 1 p. [C.O. 194, 5. No. 70.]
52. Mayor and Magistrates of Liverpool to the Council of
Trade and Plantations. Reply to Sept. 7th. Such a survey of
Newfoundland will be very useful, etc. Signed, Thos. Coore,
Mayor, and 5 others. Endorsed, Recd. 23rd Sept., 1714, Read 2nd
March, 17 14/15. 1 p. [C.O. 194, 5. No. 71.]
Custom House, Bideford.
53. Charles Jones to the Council of Trade and Plantations.
As preceding. Recommends George Withiell. Signed, Cha.
Jones, Collr. Endorsed, Recd. 20th Sept., 1714, Read 2nd
March, 17 14/15. 1 p. [C.O. 194, 5. No. 72.]
54. Mayor of Barnstaple to the Council of Trade and Plantations. Reply to Sept. 7. Such a survey of Newfoundland may
be useful. Recommends George Withiell, etc. Signed, Giles
Randle. Endorsed, Recd. 27th Sept., 1714, Read 2nd March,
17 14/15. Addressed. 1 p.[C.O. 194, 5. No. 73.]
55. Address of the Governor, Council and Representatives
of the Massachusetts Bay to the King. Condolences upon the
death of Queen Anne and congratulations upon H.M. rightfull and
happy accession. "Your Majesty's known adherence to the
Protestant religion gives us assurance of enjoying all prosperity,"
etc. Signed, J. Dudley, Isc. Addington, John Burrill, Speaker.
1 p. [C.O. 5, 898. No. 28.]
56. Petty expences of the Board of Trade, Midsummer to
Michaelmas, 1714. Stationers' and Post Office accounts, etc.
[C.O. 388, 76. Nos. 175–177.]