367. William Byrd to Mr. Popple. Encloses following,
showing that, as Receiver General of Virginia, he was a loser by
advances he made for the use of the Government, for which he
did not charge interest, etc. Prays that his case may be heard as
soon as possible, etc. Signed, Wm. Byrd. Endorsed, Recd.
Read 2nd Nov., 1716. 1 p. Enclosed,
367. i. Account of money advanced by Mr. Byrd, ut supra,
1712–1714, £2320 17s. 9¾d. for six months, showing a
loss of £59 13s. 11¼d. in interest, after deducting
£9 18s. 6¾d. advantage gained by him by paying small
sums in Spanish money instead of sterling. ¾ p. [C.O.
5, 1317. Nos. 47, 47 i.]|
368. Mr. Popple to Mr. Attorney General. Encloses for his
opinion in point of law Acts of Antigua, (i) for establishing a
Court of King's Bench, etc.; (ii) for constituting a Court of Chancery,
and (iii) to indemnify Anthony Brown and John Elliott from an
agreement with George Pulleyn Carpenter for the building a church in
the parish of St. Phillips, and to charge the parish with the same.
[C.O. 153, 12. pp. 462, 463.]
369. Same to Charles Carkesse. Acknowledges letter and
account of Sept. 20th. The account the Council of Trade and
Plantations have at present occasion to look into is only that of
the Leeward Islands which they will be glad to receive as soon
as possibly may be. [C.O. 153, 12. p. 465.]
370. Same to Thomas Pitt. The Council of Trade and
Plantations upon consideration of your Memorandums (v. Oct.
16 etc.) desire you will inform them of the particular instances
in which the Assembly of Jamaica have assumed the executive
part of the Government; and as they would give you all the
dispatch possible in your business before them, they further
desire you to name the particular Acts which, according to your
XIVth Article of remedys, you may think necessary for the quiet
and advantage of the Island to be confirm'd or disapprov'd.
[C.O. 138, 15. pp. 34, 35.]
371. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Enclose office accounts from
Christmas to Michaelmas. There was six months salary due to
this Commission at Michaelmas, and as we have been informed
that the household are paid to Midsummer last, we pray your
Lordships for favourable orders, etc. Accounts certified, annexed.
[C.O. 389, 37. pp. 126–128.]
372. Lords Proprietors of Carolina to George Prince of
Wales. Recommend for H.R.H. approbation Robert Johnson,
appointed by them to succeed Governor Craven, whose affairs
relating to his several estates do not permit him to return to
Carolina so soon as the present necessities of that Government
requires etc. Signed, Carteret, Palatin, Ja. Bertie for D. of Beaufort, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 290. p. 102.]
373. Mr. Attorney General to the Council of Trade and
Plantations. I have no objection to the laws of Nevis sent me,
Oct. 31st, etc. Signed, Edw. Northey. Endorsed, Recd. 7th,
Read 14th Nov., 1716. ¾ p. [C.O. 152, 11. No. 30; and 153,
12. p. 466.]
374. Queries relating to Mr. Byrd's defence, put to persons
at the Board, Nov. 6, 1716. v. Journal of Board of Trade.
Endorsed, Recd. Read 6th Nov., 1716. 1 p. [C.O. 5, 1317.
375. Thomas Pitt to the Council of Trade and Plantations.
In answer to Nov. 3. Were I not able to assign particular in
stances in a strict liberal sence of the Assemblys assuming the
executive part of the Government, the whole course of their
proceedings might well justifie that expression, and whether in
particular, their order to muster the soldiers, and visit fortifications by their own authority, their appointing officers to collect
the money rais'd by them and makeing large appointments out
of it, their refuseing to admit the Council to mend money bills
or confer with them, their soliciting bill in which the whole
busyness of the Government is put into the hands of a few of
themselves to be transacted without the privity of the Governour
and Council, their raising money by subscriptions to support
that power here, with some extraordinary Acts of oppression,
which appear upon the Minutes, are not some instances which
amount to an assuming in good measure the executive part of
the Government, I submit to your Lordships. Refers to enclosure,
etc. Signed, Tho. Pitt. Endorsed, Recd. Read 7th Nov., 1716.
2 pp. Enclosed,
375. i. List of 12 Acts in force in Jamaica and not yet confirmed
by the Crown. 11/8 pp. [C.O. 137, 12. Nos. 13, 13 i.;
and 138, 15. pp. 36–40.]|
376. Mr. Popple to Mr. Pitt. The Council of Trade and
Plantations, upon consideration of preceding, command me to
acquaint you that all Acts pass'd by the Governor, Council and
Assembly in Jamaica, continue in force there till the disapprobation of the Crown be signify'd, or that they expire by their own
limitation; that the deliberations necessary upon all the Acts
of that Island, mention'd in the list you inclos'd, might probably
take up more time than wou'd be consistent with the public
service for you to be detain'd from your Governmt.; but that
their Lordships wou'd immediatly consider and report upon any
of the sd. Acts, against which you may have objections, or such
of them as you may think it wou'd be for the advantage of the
Island, and acceptable to the inhabitants for you to bring
confirm'd. And as sevl. of the said Acts may for the present
continue only probationary, their Lordships doubt not of
receiving further lights from you, with regard to the usefulness
or inconveniencys of any of them, wch. you will be better able to
judge of, after you shall have been some time upon the Island.
[C.O. 138, 15. pp. 41, 42.]
377. Order of H.R.H. Prince of Wales, Guardian of the
Kingdom, in Council. The Council of Trade and Plantations
are to prepare for the Royal signature an Instruction for H.M.
Governor now going to Jamaica or to the Commander in Chief
of the said Island for the time being to cause Samuell Page and
Walter Arlington to be examined upon the matters of which they
accuse the Lord Hamilton (sic) and to be bound in a recognizance
for their appearance at the King's Bench Barr at Westminster
within as short a time as the distance of the place will allow
in order to prosecute and maintain their accusation against him.
Signed, William Blathwayt. Endorsed, Recd. Read 16th Nov.,
1716. 1 p. [C.O. 137, 12. No. 14; and 138, 15. pp. 42, 43.]
378. Order of Prince of Wales, Guardian of the Kingdom,
in Council. Referring following to the Council of Trade and
Plantations, to examine the allegations thereof, and report what
they conceive fitt to be done therein, etc. Signed and endorsed as
preceding. 1 p. Enclosed,
378. i. Petition of Henry Thompson, on behalf of Governor
Lord A. Hamilton, to H.R.H. the Prince of Wales,
Guardian of the Realme, etc. Considerable sums are
due to Lord Archibald from the publick on account of
money advanced by him with the concurrence of the
Councill for the subsistance of the soldiers and other
necessary and publick uses, and also, by reason of
deficiencys in the ordinary revenue, of arrears of salary.
Prays that instructions may be given to the Governor
now going to recommend the said publick debts to the
Assembly, for procuring the payment thereof, etc.
Copy. 1¾ pp. [C.O. 137, 12. Nos. 15, 15 i.; and
138, 15. pp. 44, 45.]|
379. Memorandum of Order in Council approving three
Acts of Jamaica, relating to Mr. Somers, Mrs. Read and Mr.
Murray. Endorsed, Recd. 8th, Read 16th Jan. 1716/17. ¼ p.
[C.O. 137, 12. No. 37.]
380. Order of H.R.H. the Prince of Wales, Guardian of the
Kingdom, etc., in Council. Referring Representation of 17th
Aug. on petition of George Lyddall and Robt. Clayton to the
Lords Commrs. of the Treasury for their report. Signed, Edward
Southwell. Endorsed, Recd. 8th, Read 16th, 1716/17. 1 p. [C.O.
152, 11. No. 39; and 153, 12. p. 482.]
381. Order of H.R.H. the Prince of Wales, Guardian of the
Kingdom, in Council. Approving of William Keith as Deputy
Governor of Pensilvania, provided he qualify himself as the law
requires, and give security, etc., and that Mr. Penn renew the
declaration relating to the Three Lower Counties, according
to the Representation of No. 356. Signed, William Blathwayt.
Endorsed, Recd. 15th, Read 21st Nov., 1716. 1 p. [C.O. 5,
1265. No. 40; and 5, 1293. pp. 31, 32.]
382. Order of H.R.H. the Prince of Wales, Guardian of the
Kingdom, in Council. Referring following to the Council of
Trade and Plantations for their opinion thereupon. Signed,
William Blathwayt. Endorsed, Recd. 15th, Read 21st. Nov., 1716.
¾ p. Enclosed,
382. i. Lords Proprietors of Carolina to H.R.H. the Prince
Regent. St. James, Nov. 5, 1716. Upon the voluntary
resignation of Charles Craven, our late Governor, his
affairs relating to his several estates here, not permitting
him to return to Carolina so soon as the present necessities of that Government require, we have nominated
and appointed Robert Johnson to succeed him, etc.
Request, H.R.H. approval, etc. Signed, Carteret Palatin,
Ja. Bertie for Beaufort, J. Colleton, M. Ashley, J.
Danson. Copy. 1 p. [C.O. 5, 1265. Nos. 41, 41 i.;
and 5, 1293. pp. 32–34.]|
383. Governor Hunter to the Council of Trade and Plantations. Abstract. Encloses accounts. The Treasurer's are in no
good method neither will he put them into any other being as
he pretends accountable by the Act to Governor, Council and
Assembly only, so that the Depy. Auditor will not audit them
unlesse he is pay'd for't for which the Treasurer has no allowance
etc. I have touch'd nothing but my bare sellary and not one
farthing for incidents. I'll try if I can oblige him to put them
into due form and send them to the Treasury. My friends inform
me that with the leave of the Ministry they have apply'd for a
parliamentary reliefe for me on the palatine case. I most humbly
and earnestly implore your Lorps'. patronage etc. I am just upon
my journey to the Jersey Assembly at Burlington. The small
pox are rageing in that place, and I am already adress'd by many
of the Council and Assembly to adjourn them for that reason to
Amboy. I know not what to do, for I shall not have a quorum
of either at that place for the reason mention'd and can not it
seems adjourn them to the other because of that Act if the plague
were there, and the countrey will be in confusion about their
bills of credit the currency of which expires in a fortnight's time
unlesse remedy'd by an Act, the taxes wch. were to suit these
bills not being as yet all paid by means of the evil influence and
example of Mr. Cox and his party, etc. Signed, Ro. Hunter.
Endorsed, Recd. 3rd Jan., Read 14th Nov., 1717. Holograph.
2 pp. Printed, N. Y. Col. Docs. V. 481. Enclosed,
383. i. Account of the Revenue of New York, July 1715—June, 1716. Excise and tunnage etc. £3553 10s. 1d.
Signed, A. D. Peyster, Treasurer. Endorsed as preceding.
383. ii. Account of payments made in accordance with the
Act for the support of the Government, 1715.
£5694 10s. 2d. Signed, A. D. Peyster, Treasurer. Same
endorsement. 1 p. [C.O. 5, 1051. Nos. 35, 35 i., ii.;
and (without enclosures) 5, 1123. pp. 479–481.]|
384. Order of the Prince Regent in Council. Confirming
(i) an Act of Barbados to dock the entail on a certain plantation,
etc. (v. Oct. 10).; (ii) an Act of Jamaica confirming an agreement
between Olivia Reed and Nathanl. Browne etc.; and (iii) an Act
of Antigua to enable Andrew Murray, and Elizabeth his wife, to
alien or settle certain lands, etc. Signed, Edward Southwell.
Endorsed, Recd. 8th, Read 16th Jan., 1716/17. 2½ pp. [C.O.
28, 14. No. 62; and 29, 13. pp. 350–353.]
385. Council of Trade and Plantations to H.R.H. George,
Prince of Wales, Guardian of the Kingdom of Great Britain and
H.M. Lieut. within the same. Recommend for the Royal assent
two Acts of Nevis. v. Oct. 31st. [C.O. 153, 12. p. 467.]
386. Six bonds, taken Aug.—Oct., 1715, by Commodore
Kempthorne from six New England masters of vessels obliging
them, under penalty of £10 per head, not to carry from Newfoundland more men than their just complement. Endorsed, Recd.
Nov. 14, 1716, Read 1st April, 1721. 6 pp. [C.O. 194, 7. ff.
387. General Heywood to the Council of Trade and Plantations. Refers to letter etc. of Oct. 10th. Continues:—Herewith I
send the copy of an Address from the Assembly, to desire my
removing Thomas Bernard Esq., from being Chief Justice. I
cannot help saying with them that he has endeavoured all that
lay in his power to obstruct all publick buisness, not only,
by what he has said in Council, but by insinuating amongst the
people, that the calling the Assembly is contrary to law, and all
Acts made by them are illegal. These are the first principles of
the five gentlemen of the Board wch. I gave you account of
Aug. 11th, one of which, William Brodrick Esq. went off with
Lord Archbould Hamilton, and two others John Peake and
Valentine Mumby are dead so, here only remains two of that
cabal, Fra. Rose and Thoms. Bernard Esqs. the last of which,
would not give his vote for the passing one Act, either for raising
money, or the others, only to the one privat Act for John Williams
etc., notwithstanding he very well might see that the soldiers
must either mutiny, or perish for want. The Treasury still
continue under its anticipations, and run further in debt, and
no provition made for the bringing over people according to
H.M. directions, for the peopling the Island. Coll. Rose likewise
gave his opinion for passing that private Act, and for only one
or two others, but not for the bills for putting money into the
Treasury, bringing over white people to settle ye Island, or to the
bill wherein ye officers and soldiers are provided for. It is not
possible for me to get the Acts copyed to send home, but I herewith send a copy of the titles of the Acts, and the heads of what
they contain, in which you will find some paragraphs or clauses
taking away from the Governour the power of pardoning, entering
vacats and non vult ulterius prosequi to actions grounded, or to
be brought on the said Acts, but I humbly take leave to observe
to you that the Acts in which the paragraphs are, are money
bills, to wch. the Assembly would neither allow amendments,
nor alterations, nor would they pass them without those clauses
and paragraphs, by reason, the late Governour and Council
had taken away the country's money (that was appropriated)
out of their Commissr's. hand, and applyd it as they thought
fitt, and pardoned the defacing and cancelling the bond entered
into by such Commissioner to the King in trust for the subject,
on which bond they also order'd a vacat to be enter'd by William
Brodrick Esqr. H.M. Attorney General. The exigencies of the
Government, and the King's being no farther concerned, then for
the benefit of the subject made me consent to the passing of the
said laws, and as to the clause that relates to Mr. Knights who
had the money from Mr. Major the administrator to the country's
late Commissioner, and applyd it to other uses, then the Law,
by which it was raised apply'd it, I have seen the opinion of Sr.
Edwd. Northey etc., that Mr. Knights was by law answerable for
the said money, if so, that clause being only declaratory of the
Common Law, and not introductive of any new law, but only
giving a penalty, if he do not refund the money in the time
limitted, I hope I have made no breach of H.M. Instructions in
my consenting to them. The only two persons, myself and the
Council thought fitt to send home to give evidence against Lord
Archbould Hamilton, were Thomas Bendysh Esq. and Capt.
Jonathan Barnett, the former is underwrit in the Secretary's office
for £1, 100, by persons, who made good proof of their debts, and
the latter is underwrit for £150, so that no master of a ship
can carry them off, unless they have a tickett from me, without
forfeiting his bond, and by the Laws of this country I cannot give
them a tickett before their debts are satisfyed, so that what to do
in these cases, we do not know, but must wait H.M. further
directions therein. The sloop in which the Spanish nobleman
came in here was by the Court of Admiralty condemned as the
goods of pirates, and it appeared to me and the Council, yt.
altho' she had formerly belonged to pirates, yet the owners of her
when she came in here, was not a pirate, but had bought her at
a third hand, and yt. her coming hither was occasioned by that
noble Spaniard, who in his distress at Keymanos had sent hither
by a boat for a vessell to carry him for Porto Vella in order to go
to his Government, and engaged his word and honour to defray
all charges in and about sending him such a vessell, but before
any answer reacht him from hence, this small sloop coming to
him, he thought fitt to proceed in her taking this Island in his
way in order to discharge his word and honour so engaiged as
aforesaid, which occasioned me with the unanimous advice and
consent of the Council in order to cultivate the good understanding
that was between both Crowns, in H.M. name to compliment
the Spaniard with her, she being of very little or no value. I
hope in a week's time the house will desire a recess, which I shall
grant, and I presume to tell you that there never was an Assembly
in this Island so unanimous in all their votes and resolutions, and
I think I may dair to say that the Island in general was never
under greater tranquility, the number of Councellors now here
are only seven vizt. Charles Chaplin, Frans. Rose, Thoms.
Bernard, John Blair, James Risbee, Thoms. Beckford and George
Bennet Esqrs. By H.M. Instruction I am commanded to send
home the names and characters of twelve persons that I esteem
the best qualify'd in ye Island to serve H.M. in the Council,
which I humbly do, etc. (1) James Heywood, is my only son,
etc., a gentleman of as great honour, integrity and good sence
as any man in the Island, and his own estate little inferiour to
most of the best, etc. (2) William Nedham is the present Chief
Justice upon Thomas Bernards, Esq. being laid by upon an
Address from this Loyal Assembly, he is a gentleman of good
sence, and a good estate, and lives generally in the town St. Iago
de la Vega. (3) Whitgt. Aylmore, a gentleman of good understanding, and I think clear of debt, etc. (4) Richd. Aldebourgh,
a gentleman of good understanding and a good estate, etc. (5)
John Marshall, a gentleman of plentifull estate, etc. (6) James
Rule, a very honest worthy gentleman of good estate, etc. (7)
John Wyllys, a mercht. in Kingston, accounted a very honest,
loyall gentleman, and of good substance. (8) John Lewis, a
mercht. in Kingston, a person of very good buisness, good understanding known loyalty and great sobriety, etc. (9) Edwd.
Pennant, a gentleman of very good understanding and loyalty,
with two or three very good estates, etc. (10) John Chaplin,
a very honest gentleman, has estates in Ligonea and Port Royal,
etc. (11) John Clark, Col. of the Wyndward Regt., well beloved
for his hospitality and great services against the French and
rebellious negroes, etc., about 70, and lives at too great a distance
to come to Council upon every occasion, etc. (12) Richd.
Bathurst, Col. of the North side Regimt., a very worthy honest
loyal gentleman, has a very good estate but lives at a distance,
etc. These gentlemen live the nearest to the seat of Governmt.
and can be the soonest got together, etc. I would have named
James Knights ye Receiver General, but I am of opinion that no
Gentleman of ye Council, ought to have either that or any other
office, having experience of the inconvenience in Mr. Rigby's
being Provt. Marshall, and Deputy Secry. and one of the Council
at ye same time I hope not to see the like again. I likewise
herewith send home the Minutes of the Council to ye 10th of
this inst. from the date of ye last I remitted, etc. Signed, Peter
Heywood. Endorsed, Recd. 6th, Read 7th Feb., 1716/17. 3 pp.
387. i. Address of the Assembly of Jamaica to Peter Heywood
Captain General, etc. We H.M. most dutifull and loyall
subjects beg leave to lay before your Excellency some of
the many illegal unwarrantable and arbitrary proceedings
of the late Council such as, illegally imprisoning H.M.
subjects, assuming to themselves a power of appropriating money for an additional subsistance to H.M. Officers
and soldiers under pay in this Island without any law
to justity such their proceedings. And notwithstanding
H.M. favour in appropriating [sic] a new Governour, the
present Chief Justice, and the others of the late Council
that H.M. was pleased to continue in, did violantly
oppose the calling an Assembly when the exigences of
the Government so much acquired [sic] it, and for no
other reason as we can conceive than that such their
illegal proceedings might not be inquired into. We
shall not presume to request from your Excellency the
imediate displacing of the three Gentlemen of the new
Council for opposing so strenously the measures taken
by your Excellency for the good of this Island and
answering H.M. Instructions not doubting but if your
Excellency thinks it consistent with H.M. honour
and service you will be pleased to do the same but we
most humbly hope that as your Excellency has been
pleased in some measure to discountenance such
arbitrary proceedings by displacing them in the militia,
and some civil commissions, so you will be pleased also
to remove Thomas Bernard Esq., from the office of
Chief Justice, a place of that trust and importance which
we cannot conceive one of his principles and conduct
can be anyways equal to. And we must beg leave
further to desire that your Excellency will be pleased
to lay before H.M. and his Ministry the conduct of the
said Gentleman and others of the Council who have as
well since, as before the displacing of the late Governour
used their utmost efforts to obstruct all publick buisness
proposed in Council for H.M. service and the benefit of
this his Island, which could be for no other view but to
support the arbitrary and impresidented practices
committed by such evil Councellors. We beg leave also
to assure your Excellency that the removing those
gentlemen from the Council will be a further instance
of H.M. most gratious condescention and goodness to
this Island, which we shall alwayes retain in a just and
dutifull sence of. And whilst your Excellency has
your eyes upon the Bench, we humbly hope you will
be pleased to remove Anthony Swymmer Esq., a person
of too loose and atheisticall principles for so important
a station. 25th Oct., 1716. Signed, Pe. Beckford,
Speaker. Endorsed as preceding. 1 p.|
387. ii. List of 9 Acts passed in Jamaica, 1716. Same
endorsement. 1 p. [C.O. 137, 12. Nos. 38, 38 i., ii.;
and (without enclosures) 138, 15. pp. 188–200.]|
388. Mr. Secretary Methuen to the Council of Trade and
Plantations. Encloses following. It is H.R.H. pleasure, that
you report your opinion concerning the nature of the trade
complained of, and of the methods you judge may be most
proper and effectual to take in order to prevent it, if it should be
thought reasonable. Signed, P. Methuen. Endorsed, Recd.
17th Nov., 1716, Read 12th July, 1717. 1 p. Enclosed,
388. i. Marquis de Monteleon to Mr. Secretary Methuen.
London, 7th Nov., 1716. It has been one of the chief
cares of the King my Master since the conclusion of
the Treaty of Utrecht, to remdedy the abuses which were
crept into the commerce of the Indies, by a clandestine
trade which several forreign nations carried on there,
to the great prejudice of Spain, etc. By the informations
sent by the Viceroy of Mexico, and the Governor of the
Province of Tavasco, it appears that the subjects of
his B.M. are come to the Lake or Marsh of Terminos,
and have in some manner settled themselves there; and
that they make an advantage of it, against all law, by
cutting with impunity the Campeachy wood, which is
made use of in dieing, and of which they have carried away
in one year only more than 100,000 quintals: the said
Viceroy and Governor have proposed to the King my
Master the proper means to dislodge them from these
places; but H.M. being willing on all occasions to give
marks of an inviolable attachment to the King of
G.B. would not send them his orders before that he
had given him notice of it, H.M. not doubting but that
according to all the Treatys of Peace, and particularly
the last made at Utrecht, in which it is stipulated that
the lands or other places which had been taken in the
Indies during the warr, should be evacuated, he would
oblige his subjects who are come to the said Lake
of Terminos to leave it immediately, and to give positive
orders to the Governor of Jamaica, and the other
Islands belonging to the English, not to suffer that the
least trade be carried on to that place for Campeachy
wood, inflicting severe penalties on those who shall
violate the said orders, and to declare that if in the
space of eight months they do not leave the Lake of
Terminos, they shall be looked upon and used as
pirates, etc. I begg your Excellency's answer to an
affair, which of itself and with regard to other abuses
and inconveniences is of the greatest consequence.
Signed, Monteleon. Translation. 3¾ pp. [C.O. 137,
12. Nos. 47, 47 i.; and 138, 15. pp. 258–262.]|
389. Mr. Popple to Mr. Carkesse. Encloses extract from Mr.
Cumings' letter, Aug. 2nd, and desires to know, "whether there
be any law which prohibits the goods of Dutch, French, Danish,
or other foreign Plantations being imported into any of the
British Plantations." Encloses extract of same letter and Act
of the Massachusets Bay relating to the fees of the Custom
House Officers. The Council of Trade and Plantations "desire
the opinion of the Commissioners of Customs with all convenient
speed, as to the reasonableness of the said Act, and Mr. Cumings's
proposal relating to his own fees, as likewise how far the proposal
that the fees of all the Custom House Officers in H.M. several
Plantations in America be regulated here, is practicable, or may
be of publick advantage." [C.O. 5, 915. pp. 14, 15.]
390. Same to Sir E. Northey. Encloses extract from Mr.
Cumings' letter, Aug. 2, relating to the recovery of penalties upon
the Act relating to the wooll of the Plantations. The Council of
Trade and Plantations desire to know what Act it is he mentions,
and your opinion as to the right which the Courts of Common
Law there may have to prohibit the proceedings in the Court of
Admiralty relating to such forfeitures, and whether any and what
explanation is necessary upon any of our Acts of Parliament
in that particular relating to wool. [C.O. 5, 915. p. 16.]
391. Mr. Dudley to [? Mr. Secretary Stanhope]. Returns
thanks for having named Mr. Dummer, his son in law, as Lt.
Govr. The King has for ever endeared himself to his loyal subjects
by appointing Col. Shute Governor. Having lived to see H.M.
triumph over his enemies, is content, etc. Printed, Mass. Hist.
Soc. Coll. IV. Ser. II. 308. Signed, J. Dudley. 1 p. [C.O.
5, 898. No. 21.]
392. Governor Hunter to Mr. Popple. Jeffers by whom I
send my letters is under saile. I have just receiv'd from the
Ch. Justice at Burlington the original of this inclosed copie which
I beg you'll shew to their Lodsps., for since Mr. Cox is gone to
London there is nothing will be left undone there to blacken my
administration seeing he fail'd of weakening it here. Signed,
Ro. Hunter. Endorsed, Recd. 4th Dec., 1716, Read 9th Jan.
1716/17. Holograph. 1 p. Enclosed,
392. i. Daniel Cox to Capt. Richd. Allison, at Burlington.
Philadelph. 7th July, 1716. I received yesterday a
long letter from Mr. Sonmans and another from Mr.
Streat. They both declare that if we do not make a
regular complaint against our oppressor either this
summer or fall and that with great vigour we must be
content to remaine saddled with his till the Province
is ruin'd, they add that the remissnesse of the people in
not complaining regularly before the King etc. has given
credit to C— Hrs.— friends declareing that every thing
alledg'd against him is false and proceeds only from a
pique of some few discontented persons. They both
declare 'twill cost much more money to solicit the
affaire now then 'twould if the affaire had not been
starv'd before, besides nothing will go doun as evidence
but what is viva voce or on good affidavits of the fact.
Certificates will do no good, therefore the copie of the
indictments of Morris etc. must be well prov'd. I have
wrote fully to Mr. Basse you must presse him to get
all ready, he may do it privatly at home and come on
this side and be safe, all you do must be kept very
private, you must procure a copie of my recognizance
before Jamison as likewise the Minutes of Council for
my discharge. Your must likewise gett a copie of
the writt Thomson serv'd on me by order of Gordon and
a copie of the recognizance enter'd into and order of
Court for my discharge. I must likewise have out of
the Secry's. Office a copie attested of the information
brought against me by Gordon, these things will be of
great use to shew how I have been harrass'd from time
to time and for what. There should be an affidavit
of Gordon's proceeding against Mr. Fox and ordering
processe against him tho never presented by the Grand
Jury. Whatever else is necessary let it be ready against
Tuesday or Wednesday next at farthest when I intend
god willing to be at Bristol to finish all matters and take
my leave of my friends for the ship will saile the week
after, etc. I hope the petition etc. are sign'd. We
want to know what is become of Lockart. Pray
give us a line if you hear anything. Give my service
to Emanuel Smith, etc. Signed, Dan. Cox. Copy.
4 pp. [C.O. 5, 971. Nos. 12, 12 i.; and 5, 995. pp.
Custom ho., London.
393. Mr. Carkesse to Mr. Popple. Reply to Nov. 15th. The
goods of Dutch, French, Danish or other foreigne plantations,
are not by any law past here prohibited to be imported into H.M.
plantations provided they are imported in ships duly registred
according to the directions of the Act of the 7th and 8th Will.
III. cap. 22. The Commrs. of the Customs have no objection
to the Act of the Massachusetts-bay for the officers' fees therein
named (v. 15th Nov.), but in regard there are fees established for
the Surveyr. and Searchr. at New York the Commrs. are of opinion
it may be reasonable, if the Assembly shall think fit, to establish
like fees for the Surveyr. and Searchr. of Boston. And they are
further of opinion if fees were settled for the officers of the
Customs in H.M. several Plantations by the respective Assemblys
it would be of publick advantage. Signed, Cha. Carkesse.
Endorsed, Recd. 20th, Read 21st Nov., 1716. Addressed. 1 p.
[C.O. 5, 866. No. 96; and 5, 915. pp. 17, 18.]
394. Mr. Kelsall to Mr. Popple. My Lords of the Treasury
desire a copie of Representation relating to St. Christophers,
May 3, 1715. Signed, Henry Kelsall. Endorsed, Recd. 21st,
Read 23rd Nov., 1716. Addressed. 1 p. [C.O. 152, 11. No.
395. Mr. Popple to Mr. Attorney General. Encloses Act
of Jamaica, for settling the Militia, and desires his opinion whether
it interferes with the design and direction of the enclosed Order
in Council (No. 377) etc., as soon as possible, the ships being
now upon their departure. [C.O. 138, 15. pp. 45, 46.]
396. Thomas Pitt to the Council of Trade and Plantations.
Reply to Nov. 8. I have endeavoured to have the opinion of
Jamaica what laws are immediatly necessary to be confirmed or
disapproved, but not obtaining any information from them,
I have only to observe, that there is an Act to encourage white
men to come and settle etc., and that also there is mentioned in the
Representation of the Council (v. June 12) some other Acts with
reasonings for confirmation or disapprobation. Signed, Tho.
Pitt. Endorsed, Recd. 21st, Read 29th Nov., 1716. 1 p. [C.O.
137, 12. No. 17; and 138, 15. pp. 54, 55.]
397. Council of Trade and Plantations to H.R.H. George
Prince of Wales, Guardian of the Kingdom of Great Britain,
and H.M. Lieutenant within the same. The prayer in Mr.
Thompson's petition (Nov. 12) appearing to us very reasonable,
we humbly conceive your Royal Highness may fitly grant the
same, etc. [C.O. 138, 15. pp. 47–49.]
Custom ho., London.
398. Mr. Carkesse to Mr. Popple. In reply to 2nd Nov.,
encloses following. Signed, Cha. Carkesse. Endorsed, Recd.
22nd Nov., Read 6th Dec., 1716. Addressed. 1 p. Enclosed,
398. i. Account of the 4½ p.c. in the Leeward Islands, 1702–1715. Total, £29, 313 2s. 11½d. Signed, Rot. Paul,
Assistant Comptr. Genl. ¾ p. [C.O. 152, 11. Nos.
32, 32 i.; and 153, 12. p. 469.]|
399. Mr. Attorney General to the Council of Trade and
Plantations. I have considered the extract of Mr. Cumings'
letter, etc. whereby he represents that the Act in relation to the
wool of the Plantations wants an explanation, etc., quoted. The
Act mentioned is the Act of the 10th of K. William III. cap. 10,
to prevent the exportation of wool into foreign parts, etc., where in
section the 19th the exportation of wool and woollen clothes of
the product or manufacture of any the English Plantations in
America is prohibited under the same, and the like penalties and
forfeitures as are prescribed and prohibited by that Act for the
like offences committed within the Kingdom of Ireland, which is
the forfeiture of the goods, and the summe of £500, with the ship
in which the same were exported, which are to be recovered in
any Court of Record in Ireland; And therefore I am humbly
of opinion those forfeitures for the like offences in the Plantations
are to be recovered in the Courts of Common Law there, and not
in the Court of Admiralty, and therefore the Courts of Law there,
do act legally in prohibiting the Court of Admiralty from intermeddling therein, and that the Court of Admiralty can have no
jurisdiction in the matter, unless the same shall be given by a new
Act of Parliament. Signed, Edw. Northey. Endorsed, Recd.
22nd, Read 29th Nov., 1716. 2 pp. [C.O. 5, 866. No. 97; and
5, 915. pp. 18–20.]
400. Council of Trade and Plantations to H.R.H. the Prince
of Wales, Guardian of the Kingdom, etc. Reply to Nov. 12th.
We have no objection why your Royal Highness may not approve
of Robert Johnson as Governor of Carolina, provided he qualify
himself for that trust in such manner as the Law requires, and
that he give good and sufficient security as usual, in a bond of
£2000 sterling, for his due of observance of the Acts of Trade
and Navigation, etc. [C.O. 5, 1293. pp. 34–36.]
401. Mr. Popple to Mr. Lowndes. Encloses bond of security
in £2000 for Governor Keith, to be taken at the Exchequer,
401. i. Copy of bond as above. Micajah Perry and John
Hyde, sureties. [C.O. 5, 1293. pp. 37–40.]|
402. Mr. Burchett to Mr. Popple. Encloses following.
Signed, J. Burchett. Endorsed, Recd. 24th Nov., 1716, Read
6th May, 1717. 1 p. Enclosed,
402. i. Replies of Capt. Hagar, H.M.S. Worcester, to the Heads
of Enquiry relating to the Trade and Fishery of Newfoundland (v. May 31st). (2) As long as men of warr
in the Harbours, rules observ'd and no longer. (4) The
sustenance ye inhabitants have from the country is
wild fowle and little deer in some parts, trade for furr
and beaver little or none. (5) Provisions two-thirds
from Great Brittain and Ireland, the other from New
England, craft and other tackle for fishing from England,
quantity uncertaine. (6) As to rinding of trees growing,
or setting on fire to the woods in the country, men's
labour is so dear in the fishing season, they have not
time if inclined to mischeife; in the winter time or
before the men of warr can arrive, the planters take
ye liberty of committing of wast; without a Governour
appointed from the Government, to reside all winter.
(7) Since 1685, all stages, cook-rooms, beaches, and
other necessaryes etc. for fishing ships, all disputes of
that kind, I believe are at an end, not haveing any
complaint of that kind. (8) No complaint for want of
roome or other conveniency for fishing ships or by boats.
(9) Little observ'd by boat keepers, fishing ships comply'd withall. (10) No complaint. (11) Well observ'd.
(12) All stages, cook-rooms, and other necessaries, that
are made use of by fishing ships, and by boats; but
often destroy'd by the inhabitants in the winter. (13)
The Admiralls take a greater liberty then allow'd by
Act of Parliament, where the men of warr doth not
visitt them. (14) The Admiralls never give themselves
any trouble as to journalls wch. the Act of Parliament
directs. (15) Allmost all the terminations of the
Admiralls partially given, either on their account or
their friends. (16–18) Well observ'd. (19) I am inform'd
the French had last year one fishing ship at St. Peters,
and this year one belonging to St. Maloes, under a
pretence of belonging to Guernsey. (21) The inhabitants
allow their fish more salt than usuall, on account of it's
weight, but not so good for markett. (22) Liquors
brought from New England, and other parts of America,
are very pernicious to the Fishery, and will be so till
there is no such thing as a planter upon the Island.
(23) Little or none, and wt. is, it's taken of by ye Fishery.
(25) Tobacco is the only commodity, that I can learn
has been brought here, and that not of late years.
(26) Fishing ships and by boats from Great Brittaine
can afford their fish at 10 p.c. cheaper, than the
inhabitants, if they make any tollerable voyage. (27)
The sustenance for the fishing ships and by boats, two
thirds fish and one third provisions, brought from Great
Brittaine. (28) Value of fish from 28 realls to 31½;
train oyle, £16 per tunn, the markets the Bay, Portugall
and Spaine. (30) Men left behind every year, numbers
not known, nor no way to prevent them, but by very
severe penalties on the masters of those ships that
brings them over and masters of New England ships,
that shall presume to entertaine any more men then wt.
they shall bring with them. (31) Their no. are very
few, and our inhbts. not careing to settle there, it being
not determined how the French settlements, that
did belong to their inhabits. and which became vacant
upon the Treaty of Peace, are to be dispos'd of, whether
in favour to the fishing ships, or to such inhabitants,
yt. shall first settle there. (32) Wee have no certain
account of what number of ships they have on the
Bankes, though they are there in great numbers. It's
said the coast of Cannady may employ about 30 sail
of ships every year, which carry from thence provisions
to their other settlements in America: For Cape Breton
am inform'd they are carrying on their settlements
with great industry, but can't learn their numbers
and strength, and beleive their Lordships may best be
inform'd from New England. Signed, J. Hagar. 3 pp.|
402. ii. Scheme of the Fishery of Newfoundland. Fishing
ships, 86; sack ships, 30; ships from America, 31;
burthen of fishing ships, 8070 tons; number of men
belonging to the ships, 1601. Fishing ships boats,
319; by boats, 184; inhabitants' boats, 408; by boat
masters, 286; servants, 1538. Quintals of fish made
by fishing ships, 30,329; by by boats, 24,310; by
inhabitants' boats, 33,830; Total, carried to market,
88,469. Train made by fishing ships, 107 tuns; by by
boats, 87; by inhabitants' boats, 126. Total, 320 tuns.
Number of stages, 376. Number of inhabitants, men,
2611, women, 263, children, 421. Signed, J. Hagar.
1 p. [C.O. 194, 6. Nos. 29, 29 i., ii.; and 195, 6. pp.
403. Mr. Attorney General to the Council of Trade and
Plantations. Reply to Nov. 21. I am of opinion that the last
proviso in the Militia Act does not any ways interfere with the
design and direction of H.R.H. Order in Council (Nov. 12).
The intent of that Proviso being that the Militia shall be only
used for the defence of Jamaica, and should not be compelled
to be sent out of the Island as such. And I am also of opinion
that the Governrs. of Plantations being by a late law liable to be
prosecuted in the King's Bench at Westminster for misdemeanours
committed by them in such their offices, it is legal in such a case
to take recognizances from persons inhabiting in any of H.M.
Plantations who are able to give evidence agt. them touching
such misdemeanors to appear in H.M. Court of King's Bench.
I apprehend there is a mistake in the drawing the Order of Council,
and that the same is fit to be rectified in the Instructions yr.
Lordpps. are to prepare, for which purpose I have made an
amendment to that Order for your Lordpps.' assistance. Signed,
Edw. Northey. Endorsed, Recd. 24th, Read 28th Nov., 1716.
1 p. Enclosed,
403. i. Copy of Order in Council Nov. 12, amended by Mr.
Attorney General so as to run:—" and if on such
examination they shall appear to be material witnesses
agt. the sd. Ld. A. Hamilton to cause ym. to give their
recognizances to appear in term time at the King's
Bench Barr," etc. 1 p. [C.O. 137, 12. Nos. 16, 16
i.; and (without enclosure) 138, 15. pp. 50, 51.]|
404. Mr. Popple to Mr. Kelsall. In reply to Nov. 21st,
encloses several Representations relating to St. Christophers.
Concludes: H.M. has signified his pleasure in relation to the
French Protestants. [C.O. 153, 12. p. 468.]
405. John and Francis Riggs to [? Charles Delafaye, v. May
11th, 1717]. Dear Brother and Sister, wee think itt an eage
since we had ye honnr., of a line from you, etc. What newse
our Governer maye have from home, he keepes itt privett, but
not onely hee, but most of his Cabenett, gives outt, he has a
forlow of leave to goe home, and that he will meake youse of it,
in ye spring, etc. If he dos goe, itt is, with designe to secure
himselfe, in ye Government, if mony can do itt, for he has too
sweet a post heare, to part with, etc. He has meade fortye
thousand pound, in his Government, etc. Refers to enclosure.
Sir, it is an eseye, happy Goverment, and at noe greatt charge
to him, he has a noble house, in ye Fort, wth. fine gardins round
itt, twoo of ye fore compenies all wayes, posted heare etc., the
droms beatting a march, as often, as he goes out or coms in, etc.
Urges his dear brother to push for and obtain this noble post, etc.
Signed, Jo. Fr. Riggs. 2½ pp. Enclosed,
405. i. A modest computation of wahatt a Governer maye
meake. The pay of ye fore compenies is £7000,
returned in goods will cleare £5000. With "cellary"
and "pattens" of lands=£9010 a year. 1 p. [C.O.
5, 1092. Nos. 1, 1 i.]|
406. Council of Trade and Plantations to Mr. Secretary
Methuen. Enclose Instruction for the Governor of Jamaica
ordered Nov. 12, "Mr. Attorney General having assured us, that
as it now stands, it is conformable to the sense of the Council,
when the Order was directed and agreable to Law." Autograph
signatures. 2 pp. Enclosed,
406. i. Draft of H.M. Instruction to the Governor of Jamaica.
You are to cause Page and Adlington to be examined
etc. (as Nov. 12), and to take care they be bound by
their respective recognizance in a reasonable sum for
their appearance at the King's Bench Barr the 20th
June next, etc., and that immediately upon their arrival
at London, they give notice thereof to one of H.M.
Principal Secretarys of State to whom and to the
Council of Trade you are to transmit there examinations
so taken, etc. [C.O. 137, 46. Nos. 19, 20; and 138,
15. pp. 51–54.]|
407. Committee of Correspondence of the Assembly of South
Carolina to Joseph Boone and Richard Berresford, Agents for
South Carolina. Refer to letter of Oct. 23rd. Continue:—Our
calamityes still daily increasing (several persons having since been
kill'd and others carried away by our barbarous enemies the Indians
who daily infest our Plantations and oblige many to abandon
their settlemts.) has obliged our Assembly to repeat their sollicitations to H.M. for releif, and to take this Province under his gracious
protection. You have here inclosed their Address which you
are ordered by the Assembly to imediately present to H.M., and
to lay before the King such further particulars as are necessary
to set forth the present miserable circumstances of this Province.
If we shou'd be so unhappy as that it shou'd have noe effect,
by any opposition that the Lords Proprietrs. may make to it,
or otherwise, we can expect nothing but the ruin of the whole
Province, and that in a very short time. Our Assembly is now
mett etc. It is their orders that you acquaint Mr. Kettlebey
that they discharge him, from being any longer their Agent etc.
By our next you may expect an Address to the King sign'd
by the inhabitants. Signed, Ar. Middleton, Ra. Izard, B. Godin.
1 p. Enclosed,
407. i. Address of the Assembly of South Carolina to the
King. Refer to previous Addresses (v. C.S.P. 1715), etc.
Out of the extream grief we are under, to see our country
still harassed and our fellow subjects daily killed and
carried away by our savage Indian enemies, etc., we are
obliged again to lay before your Royal Majesty, the
state of this your afflicted Colony, etc. Our trowbles
instead of coming to a period, daily encrease upon us,
and we now see ourselves reduced by these our misfortunes, to such a dismal extremity, that nothing but
the all powerful providence of Almighty God working
a miracle in our favour or your Majestie's Royal and most
gracious protection, can preserve us from ruin. Our
Indians continue committing so many hostilities, and
infest our settlements and plantations to such a degree,
that not only those estates which were deserted at the
breaking out of this barbarous war, cannot be resettled,
but others are likewise daily thrown up to the mercy
of the enemy, to the ruin and impoverishment of
several numerous families. Notwithstanding all these
our miseries, the Lords Proprietors, instead of using any
endeavours for our relief and assistance, are pleased
to term all our endeavours to procure your Majestie's
Royal protection, the business of a faction and party;
We most humbly assure your Majesty that it's so far
from anything of that nature, that all the inhabitants
of this Province in general, are not only convinc'd
that no humane power, but that of your Majesty can
protect them, but earnestly and fervently desire that
this once flourishing Province may be added to those
already under your happy protection, etc. Signed,
Tho. Broughton, Speaker, Arthur Middleton, Paul
Pre. Le Bas, Benja. de la Conseillere, James Stanyarne,
Tho. Waring, Tho. Diston, Jos. Morton, Wa. Izard,
William Elliott, Jonth. Drake, Xpr. Wilkinson, Robt.
Howes, John Godfrey, Wm. Bull, Wm. Cattell, Ja.
Cochran, Benja. Schenckingk, John Kenneway, Arthur
Hall, John Whitmarsh, Representatives. 1 large p.
[C.O. 5, 387. Nos. 8, 8 i.]|
408. Mr. Secretary Methuen to the Council of Trade and
Plantations. It is H.R.H.'s pleasure, that you consider what
may be the most proper course for the Government to take, in
order to dislodge those profligate fellows or pirates, that may have
possessed themselves of the Island of Providence, and may, if
not driven from thence in time, commit depredations on
H.M. subjects or those of his Allies, trading in those parts of the
world, and report your opinion thereof to be laid before H.R.H.
Signed, P. Methuen. Endorsed, Recd. 3rd, Read 5th Dec., 1716.
1 p. Enclosed,
408. i. Admiralty Office, 29 9ber., 1716. Mr. Burchett to
the Secretarys to Mr. Secretary Methuen. Encloses
following from the Lords of the Admiralty, etc. Signed,
J. Burchett. Same endorsement. Addressed. 1 p.
408. ii. Extract of letter from Capt. Howard, H.M.S. Shoreham,
to Mr. Burchett. South Carolina, 15th Sept., 1716.
According to the Governour of Virginia's Orders I
delivered the letters in relation to keeping the Articles
of Peace at St. Augusteene, 18th May etc. The
Governor and Council make there very great complaints
of the sloops fitted out from Jamaica who not only fish
on the wracks, but have landed and taken out of the
Spaniards' possession 20,000 pieces of eight, they had
saved, as likewise very considerable sumes out of all
the vessels they meet who they can master, they have
Comission from the Governor of Jamaica for the taking
pirates, under which pretence they search the vessels,
there are three of the said sloops turned pirates since.
One Horngold, Jennings and Fernando who have got
200 men and are joined by a French man, there is in
this harbour now three vessels that have been plundered
by them, and one master whose sloop and cargoe they
have taken, they have harbour at Providence, where
they re-victual and clean; I would not doubt but
with two small frigats or sloops more, to give a very good
account of them and rout them out before they get
more strength, and are better settled there. 1¼ pp.|
408. iii. Mr. Burchett to the Secretarys to Mr. Secretary
Methuen. Admty. Office, 2nd Nov., 1716. My Lords
Commrs. of the Admiralty having received a letter from
Col. Spotswood, Governor of Virginia, by which he gives
them an account that he has received information upon
oath, that a number of profligate fellows have possessed
themselves of the Island of Providence, and that the
crews of several vessels, fitted out at Jamaica for fishing
on the Spanish wrecks, have comitted divers pyracies
both on the Spaniards and the French in those seas;
and being afraid to return home, are preparing to settle
on that Island, insomuch that he apprehends they may
attempt the seizing the ships of H.M. subjects trading
in those parts, for which reason he proposes they may be
attack'd and dislodged before they grow too formidable,
I am to desire you will communicate the same to the
Rt. Honble. Mr. Secretary Methuen, that he may lay
it before H.R.H., etc. Signed and endorsed as No. i.
1 p. [C.O. 137, 12. Nos. 18, 18 i., ii., 20; and (without
enclosures) 138, 15. pp. 55–57.|