445. Order of King in Council. Referring following to the
Council of Trade and Plantations for their opinion thereupon.
Signed, Edward Southwell. Endorsed, Recd., Read 10th June,
1718. 1 p. Enclosed,
445. i. Petition of inhabitants and traders of New Jersey to
the King. Pray to be heard before the Order in Council
confirming the Act of New Jersey allowing the affirmation
of Quakers etc. be issued. (v. Feb. 13). The Act is
repugnant to the laws of this Realm, contrary to the
Governor's Instructions, and tends to the great damage
of petitioners. It was sent up for H.M. approbation by
the Council of Trade without first hearing objections
to it etc. Set out, N.J. Archives, 1st Ser. iv., 341, 342.
Signed, Chris. Billope, Saml. Mulford, Cha. Huddy,
Saml. Bustill, Thos. Clarke, Peter Hambly, J. Barkstead,
Charles Lodwick, Jo. Lloyd, Joseph Lowe, Joseph
Paice, Moses Levy. Copy. 3½ pp.|
445. ii. Notes on signatories of preceding. Billop, of Staten
Island; Mulford, of Long Island; Huddy, his father
was of the Jerseys, he was Lt. in the Companies at N.
York, but lives here; Tho. Clarke, was here very
lately, a very young lad; Hambly, a hatter who lives
here; Lodwick, a factor here for some N. York merchts.;
Lloyd, of Long Island; Levy, a Jew here. 1 p. [C.O.
5, 971. Nos. 73, 73 i., ii.; and (without enclosures)
5, 995. p. 439.]|
446. Mr. Secretary Craggs to Governor Sir Nicholas Lawes.
Mr. Addison having humbly represented to the King, that the
bad state of his health, will not permit him to attend the business
of his Office, as Secretary of State, H.M. has been pleased to
honour me with the Seals, and has assigned to my care the
affairs of the Southern Province. I take the first opportunity
of giving you notice thereof, that you may for the future address
to me, whatever shall occurr to you for H.M. service. I have
at present only to add, that I shall very readily embrace all
occasions of shewing you how much I am etc. Signed, J. Craggs.
Similar letters were sent to all Governors of Plantations.
[C.O. 324, 33. pp. 162, 163.]|
447. Peter Heywood, C. in C. of Jamaica, to the Council of
Trade and Plantations. Refers to Feb. 7th. Concludes:— A
considerable no. of the pyrates have come in and surrendred
upon H.M. proclamation and more they assure me will as they find
opportunities of vessels. H.M.S. Diamond is upon our coast
being return'd from La Vera Crux. Signed, Peter Heywood.
Endorsed, Recd., Read 22nd May, 1718. 1 p. [C.O. 137, 13.
No. 8; and 138, 16. p. 113.]
448. Richard Lightfoot to the Council of Trade and Plantations. Intending to go in a short time for Barbadoes, where the
has a considerable estate, prays to be appointed to the Council
there. Recommendations by the Duke of Newcastle and Bishop
of Salisbury. Signed, T. Holles Newcastle, W. Sarum. Endorsed,
Recd., Read 18th March, 1717/18. 1 p. [C.O. 28, 15. No. 32.]
Kingston in Jamaica.
449. Mr. Hoy to Mr. Delafay. I wrote about Xmas under
cover to my sister Hoy who I hope has attended you with it,
and others to Ltd. Derby etc. Continues:— I am conscious to
myself Mr. Congreve has much more merit, and a more extensive
interest than myself, wch. makes me justly fear, least the proposalls in my last, to my only remaining and most honoured
patron, may have wanted effect. This was not really in my
thoughts, at that time, and I do syncerely ask Mr. Congreve's
pardon; tho if an equivalent could have been thought on for
him, I flatter myself this Island would have been satisfyed in
the change, wth. respect to a Deputy he has here not very agreeable to them, and who I believe has given him some trouble, etc.
P.S. Please to put my sister's into the penny-post: and having
perused 'em forward both to Ld. Derby. Signed, (?) J. Hoy.
2 pp. [C.O. 137, 46. No. 31.]|
450. Council of Trade and Plantations to Lieut. Governor
Keith. We have received your letters of 24th Sepr. and 25th
Novr. last and thank you for them. We agree with you in opinion
that there ought to be a much higher duty laid in all the British
Plantations upon the importation of all commodities of foreign
Plantations, than is or may be laid on any commodities, which
are of the growth or product of this Kingdom, and the Dominions
thereunto belonging so as to encourage as much as possible ye
commodities of our own Plantations, preferably to those of all
foreign Plantations. We have not had any proposals offer'd to
us relating to iron ore, since the receipt of your letters. But
last year having had that matter under consideration we represented to H.M., that iron ore is to be found in great plenty and very
good, in all the Provinces on the Continent and recommended
a prœmium might be allow'd by Parliament to encourage ye
importation of iron from the Plantations. Mr. Gee and several
other merchants apply'd this year to Parliament for obtaining a
prœmium upon the importation of iron from the Plantations,
but nothing was done in it however it may perhaps be obtained
next year, and you may be assured that we shall give all proper
encouragement towards it. We send you here inclosed the
copy of a Memorial lately laid before us concerning the progress
the French have made in finding out and securing a passage from
St. Lawrence or Canada River to their new settlemt. called
Louisiana and down ye River Missisipi in the Bay of Mexico;
whereupon we must desire you to inform yourself as particularly
as you can of the facts therein mentioned to acquaint us therewith
as soon as possible and give us your sentiments, what methods
may be most proper to be taken for preventing the inconveniencies
to which H.M. Plantations on the continent of America and the
trade of this Kingdom may be subject by such a communication
between the French settlements. Instructions for an account
of imports from the Maderas and Western Islands in same terms
as No. 408. We are obliged to you for the accot. you have
sent us of your transactions with the Indians, and shall be glad
of hearing from you as often as you can. [C.O. 5, 1293. pp.
451. Mr. Popple to Sir E. Northey, late Attorney General.
Asks for opinions on references already made, and return of other
papers etc. [C.O. 153, 13. pp. 268, 269.]
Custom House, London.
452. Mr. Carkesse to Mr. Popple. Encloses following to be
laid before the Council of Trade and Plantations. Signed,
Cha. Carkess Endorsed, Recd. 22nd, Read 25th March, 1718.
Addressed. ¾ p. Enclosed,
452. i. Extract of letter from Col. William Rhett, Surveyor of
Customs in Carolina, to the Commissioners of Customs.
South Carolina, 31st Dec., 1717. An Act is lately passed
by the Assembly and ratifyed about a week since that
lays a duty 10 p.c. upon all manner of goods of the
Brittish Manufactory imported into this Province from
Great Brittain, which I take to be of a dangerous consequence etc. There is not less than £150,000 imported
from Great Brittain yearly to this Collony and cheifly
woolen manufactory, but such a duty will undoubtedly
prevent that quantity of goods being imported for the
future and greatly discourage our Brittish merchts.
Your Honrs. are too well apprised of the mischeifs that
must necessaryly follow if the Collonys are allow'd
to make laws that tends so much to the prejudice of the
Brittish trade, and the lessening H.M. Revenues, and not
only discourage the fair trader, but will undoubtedly
putt the illegal traders upon supplying these parts with
all manner of forreign goods from Holland, Portugall
etc. and if the clandestine traders are under the temptation of running of goods, to save an extravagant custom,
they can with as much ease run forn. goods, which they
purchase att a far cheaper rate. Soe mischeiveous a
law etc. will most certainly putt the inhabitants upon
going on a manufactory of their owne which is what
they have for some time past aim'd att, and endeavoured
to effect and are capable to do, having wool in great
plenty. The Assembly have made severall other laws
very prejudiciall to trade, and this they do purely,
because they will not tax their own estates, to discharge
the debts of the Province occasioned by our unhappy
Indian war, though to my knowledge they have not
raised more than one or two years taxes for this 24 years
past, but by laying prodigious duties upon the importation of all sorts of goods in this Collony, has by those
methods exempted themselves from paying taxes and
has throwne the whole charges and burden upon trade
and Brittish merchants, wch. deals to these parts, who
have and do bear the burden of our Indian war, etc.
Signed, Wm. Rhett. Copy. 2 pp. [C.O. 5, 1265.
Nos. 94, 94 i.; and (without enclosure) 5, 1293. p. 141.]|
453. Order of Committee of Council. The Committee for
hearing appeals, complaints from the Plantations defer the
consideration of the petition of Samuel Mulford, until their first
meeting in May, Governor Hunter's answer being daily expected.
Upon its arrival, the answer is to be transmitted to Mr. Mulford
and this Board. Signed, Edward Southwell. Endorsed, Recd.,
Read 1st April, 1718. 1¼ pp. [C.O. 5, 1051. No. 62; and
5, 1124. pp. 14, 15.]
454. Council of Trade and Plantations to Governor Hunter.
Enclose Order of 13th Feb. confirming two Acts of New Jersey,
to be published and entred in the Council Books as usual. [C.O.
5, 995. p. 438.]
Rio Essequebe, opt Huys naa By.
455. Commander Van der Heyden Rézen to the Directors of
the Dutch West India Company. Signed, Pr. Van der Heyden
Rézen. Endorsed, Read 23rd June (N.S.), 1718. Dutch. 2¾ pp.
455. i. Duplicate of No. 443.|
455. ii.–vii. Orders, inventories etc. Dutch. 17 pp. [C.O.
116, 21. Nos. 158, 158 i.–viii.]|
456. Lt. Governor Spotswood to the Council of Trade and
Plantations. Refers to recent letters etc. Having just come to
the knowledge of a letter sign'd by eight of the Council of this
Colony, and delivered at Whitehall by their associate, Mr. Byrd,
together with a remonstrance, against the Courts of Oyer and
Terminer etc., I find myself under the necessity of giving yor.
Lordps. the trouble of this etc. Replies to their arguments that
H.M. Commission and Instructions concerning the Judges of those
Courts are contrary to the laws, to the Charter and to the constant
practice of the Colony etc.; also to their complaint that he misrepresents their case, and their address about the quit-rents etc.
v.supra. Continues:— The secret I am to unfold is, that these
Gentlemen have been projecting for 10 or 12 years past to procure
a sallary of £100 pr. annum to each Councelor, and the King's
quitt rentt was the fund they built upon etc. The first step
was to get that revenue appropriated to the use of this Government, and then afterwards they might the more easily have it
granted to the Council. Now when Mr. Ludwell returned from
England in 1714, he gave his brethren of the Council such hopes of
success, that they thought their design ripe for execution; and
upon trying to engage me to second their measures, Mr. Ludwell
opened the affair so far as to tell me that he knew a person in
England, who had interest enough at Court to obtain the quitt
rents for the service of this countrey, and who would for a bribe
of £300 undertake to get that Revenue so settled. Here my
Lords, is the key that unlocks all the causes of their late behaviour
about the quitt rents: This explains how it comes to pass that
I have greatly incurrd their displeasure, since I would not second
their Address; and this shews why they would not be contented
with my applications (to the Treasury as well as to yor. Lordps.
Board) for no more than such a donation as might suffice to clear
the present deficiencys in this countrys revenue. And seing
I could not convince these Gentlemen, that it was most fitt the
Government here, should have a continual dependance on H.M.
favour, and that to secure the people's affections to a Prince they
never behold, we ought to contrive that they should from time
to time become humble suitors for his Royal bounty: since, I
say, they would not relish this sort of Policy, but would send over
Mr. Byrd, to insist on King Charles's letter, and to get the quitt
rents lodged where there should need no application to the
Sovereign at home, I cannot but still think that they meant
nothing less by their Address, than a surrender of H.M. quitt
rents: and I dare answer for every Member of the House of
Burgesses, that they will say they made a surrender of the 2s.
per hhd., when they past an Act to leave it in the disposal of the
Crown, notwithstanding they appropriated that duty to some
certain services of Government; Whereas the Assemblys Address
to the King did not ask the quitt rents under such limitations;
They wanted them to answer all sudden emergencys; That is
to say to be disposed of by these Gentlemen whenever they
pleased; for they can so serve a turn, feign an emergency, and
tell of an Insurrection that is not in being; as may be observed by
a parenthesis in their letter, where they informe yor. Lordps.
that when they join'd in the Address, they were under some
apprehensions of an invasion at that time from the general Insurrection of the Indians against Carolina: whereas the revolt of
the Indians did not happen till the year following, and then broke
out so unexpectedly, that the English of Carolina were under
but few hours apprehensions of mischief before they felt their
enemys fury: and if these Gentlemen knew of the heathen design
as long before as they pretend, what part may they be said to
have acted for their countrey, when they agreed in Assembly
to lessen the guard of their frontiers, at the very time they
apprehended they might be invaded ? for the same Session of their
Address an establishment was made, whereby the 132 men wch.
had for the three preceding years been paid as Rangers, were
reduced to 41 men for the two succeeding years. The next matter,
these Gentlemen are offended at, is the stile of my observations
upon the Revenue, wherein I have said that I had obtain'd some
laws, and new regulations, which I had proposed to be made for
improving H.M. Revenue: This is what I still maintain to be
truly set forth etc. It is very hard measure these remonstrants
would mete out to me, that while they and their party are
endeavouring to blacken me with the people here, as the main
contriver and promoter of the land-law, and of all orders of
Government for encreasing the Revenue, they at the same time
are aiming to discredit me with yor. Lordps. at home, as if I had
the least hand in all the measures taken for advancing the King's
interests, and as if they had been the chief projectors of whatever
good laws or orders have been made for the service of the Crown
etc. What follows next in their letter, I have no occasion to
answer, untill they will shew me where I have accused them of
factious tampering with the last Assembly: and whoever reads
the Council's Message to the Burgesses wch. they sent to that
House the last day of their Session, must conclude that I could not
be capable of making such a Representation against persons who
appeared then so heartily to vindicate me, and so fully to justify
my conduct with that Assembly. Yet still I don't intend to clear
them all from the imputation of tampering; for I cannot but
think that one of these Remonstrants acted such a factious part
as could never pass for a design to heal differences. Nor can I
make any answer to what these Gentlemen lay next to my charge
in the general terms of new measures. Refers to Journal of Council
etc. But I must not pass by in silence one part of the same paragraph, where they say they have always paid the utmost deference
to me etc.: for I am but too sensible their behaviour here, is to
lessen me in the eyes of the people: yet all the slights and
affronts they can offer, I receive with unconcern, well knowing
I am sent hither to keep the people loyal and just, rather than
to teach a rude sett of men manners, etc. As to their desire that
no Governor may exercise the Prerogative of the Crown contrary
to former practice, without express Instructions so to do; This
is a very modest request to be made by men who are sworn to
assist and defend the King's Prerogative: and if the ancient and
legal rights of the Crown, must give place to the later customs
of an infant Colony, and especially if the practice and usage which
these men would introduce shal be of the greater force, the
Princes power and authority must daily lose ground in these
parts; and tho they would seem to admitt express Instructions
from H.M. to recover it, yet such concession is but to guild over
their demand: for they are sensible that they have endless
shifts to oppose a Governor, whenever he would put them in
execution, and they know that I have been contending here near
seven years for a due observance of the 29th Article of the King's
Instructions, without having hitherto obtain'd what is therein
required under pain of H.M. highest displeasure. And I submitt
to yor. Lordps. whether these Gentn. ever designed to assist the
Governor in supporting the Prerogative of the Crown, when in
passing the General Court Law in 1705 they struck out a clause
of the Judge's oath wch. had been approved by yor. Lordps.
Board, in these words [you shal not know or suffer any hurt or
disherison of the King, but you shal make known the same to the
Governor etc.]. Thus they are dispensed with, from advising the
Governor in any case where the legal rights of the Crown come to
interfere with the pretended usages of the country; and unless a
Governor is present on the Bench and finds out of himself that the
King's interest is encroached on, he is not to expect and information
etc. Their next request to yor. Lordps. for communicating to the
party accused a copy of his accusation before it be suffered to make
any impression to his prejudice, carrys with it a shew of so much
reason, that I shal readily agree with them; if yor. Lordps.
think it for H.M. Service, that every misbehaviour of a Councelor
or officer, wch. a Governor finds himself obliged to informe yor.
Lordps. of, in the course of his correspondence, should be
immediatly sent to the party in order to his framing an excuse,
and getting a knott of relations in the Council to vindicate him
therein, a favour which any man in the Government may readily
obtain of them: for it is become a standing rule that whoever is
either punished for his crimes, or disappointed of his expectations
or has a man of more merit preferred to him in the distribution
of the Governors favours, he is presently caressd and adopted one
of that party, and may depend on their service purely for his
disaffection to the Government. For my own part I could wish
that not only all accusations sent to yor. Lordps. Board, but the
accusers also were made publick. But tho these Gentlemen are
very desirous to have it so, when anything is laid to their charge,
yet they dont allow a Governor the same priviledge; for when
I required Collo. Ludwell's answer to my charge agt. him as
Auditor, he positively denyed it, and to this hour, I know not
what it contains, except that by the intimation of some of my
friends, I have come to understand it is stuffd with virulent
invectives agt. me; and I shal always acknowledge yor. Lordps.
great justice that it has hitherto made no impression to my
prejudice, etc. etc. Their last request, is indeed extraordinary
and calculated meerly for clamour. All the Instructions wch.
relate to the Administration have been communicated to them.
Refers to Journal of Council, 5th July, 1710. Continues:—I shal only add on this head, that as I have communicated more
of my Instructions than any Governor that ever went before me,
so I have often left the whole body of them on the Council Table
for their inspection if they thought fitt, declaring that H.M. had
given me no Instructions that were to be kept a secret. But if
these Gentlemen are so very desirous to guide their judgments
in Councill and Assembly according to H.M. Instructions, how
came it to pass, that in the Assembly of 1714, they would re-enact
a temporary law contrary to the express words of an Instruction
then lying before them, and the next day declare their opinion in
Council, that it was unfitt for me to pass; as if H.M. Instructions
were only binding to the Governor and not to the Council. After
having answered the material parts of their letter, I humbly
submitt to yor. Lordps. whether their conclusion be consistent
with the premises sett forth therein? Whether the transmitting
to yor. Lordps. such arguments for supporting their pretensions
to be the sole Judges in pleas of the Crown, as were never insisted
on, or mentioned here, could be with a sincere design to keep up
a good understanding between the Governor and Council ? And
whether their taxing me with subverting the fundamental Constitution of the Government, misrepresenting the Council to yor.
Lordps. Board, arrogating to myself the sole praise of what
belonged in a greater degree to them, and pressing them into new
and inconvenient measures of Governmt. be without the least
intent to accuse any person whatsoever ? etc. As a Governor
cannot be under a more afflicting circumstance, than to have to
do with men who labour indefatigably to blast his reputation etc.,
so it is still more aggravating when attempted in a clandestine
manner etc. I have had a sufficient share of obloquy in anonymous
letters sent to yor. Lordps. Board, and to other persons of honour
with whom it was most necessary to blacken my character in
order to accomplish the design of a party who by their success
in removing former Governors are so far encouraged that they
are resolved no one ever shal sitt easy here, that doth not entirely
submitt to their dictates, and resign his duty, his reason and his
honour to be governed by their maxims and interests. This is the
case at present in Virginia, and is like to continue so, unless yor.
Lordps. put a stop to the growing power of a party, to whom not
any one particular Governor but Government itself is equally
disagreable. Signed, A. Spotswood. Endorsed, Recd. 28th July,
Read 6th Aug., 1718. 18 pp. Enclosed,
456. i. Copy of Minutes of Council of Virginia, 12th March,
1717 (18). Same endorsement. Copy. 1¼ pp. [C.O.
5, 1318. Nos. 48, 48 i.; and (without enclosure) 5, 1365.
457. Wm. Wood to Mr. Popple. Presses for a report upon
the petition of John Beswick etc. Signed, Wm. Wood. Endorsed,
Recd. 20th, Read 25th March, 1718. Postmark. ¾ p. [C.O.
137, 13. No. 1.]
458. Mr. Dummer to Mr. Popple. Encloses following.
Signed, Jer. Dummer. Endorsed, Recd., Read 21st March, 1717/18.
l p. Enclosed,
458. i. Petition of Jeremiah Dummer, Agent for the
Massachusett's Bay, to the Council of Trade and
Plantations. Whereas several persons have petition'd
H.M. for a grant of all the lands lying between the
rivers of Kennebek and St. Croix to the Eastward of
New England; and whereas it has been pleaded in
behalfe of H.M. Province aforesd. that the sd. lands
are already granted to the sd. Province, petitioner
humbly proposes a division of these lands in the manner
following: That the land from Kennebeck to ye River
of Penobscot shall be annext both as to soil and Government to the Province of the Massachusetts Bay; and
that the remainder of the land, vizt. the land between
Penobscot and St. Croix be given back to the Crown
to dispose of it as H.M. shall think fit. And accordingly
your Petitioner does in the name and behalfe of the
sd. Province by vertue of particular instructions agree
to this division. Signed, Jer. Dummer. ¾ p.|
458. ii. Copy of Minutes of Council and Assembly of New
Hampshire, Oct. 12, 1717. £20 sterl. voted for Agency
to forward the resolution of a grievance against Mr.
Bridger to be laid before H.M. (v. No. 428). 1 p.
[C.O. 5, 866. Nos. 143, 143 i., ii.; and (without enclosures) 5, 915. p. 105.]|
459. Sir E. Northey to they Council of Trade and Plantations.
Reply to 10th March. Quotes Charter of Carolina and lease and
release to Sir R. Montgomery (v. 8th and 9th June, 1717), and
continues:— I do not see anything in the said lease and release
that may be prejudicial to the right of the Crown, if H.M. shall
think fit to approve of a Govr. for life which is all that is desired
of H.M.: But I am very doubtful whether the power of Governmt.
granted to the Proprietors of Carolina for the Governmt. thereof
can be divided, as proposed by the release, much less, whether
the present Lords Proprietors alone can exempt the new intended
Province from being lyable to the present laws of South Carolina,
which were made for the whole Province and whether the erecting
new Proprietary Governments will be for the publick benefit is
submitted to your Lordships. But if the Proprietors will
surrender their powers of Government to H.M. in the places
intended to be erected into a new Province (which I think most
proper) reserving to themselves the property of the lands there,
they may lease the same on such terms, as they think fit, and H.M.
may create a new Government on such terms as he shall think
proper. And I do not observe if this new Province shall enact
laws, that any provision is made for their being subject to the
approbation of H.M., his heirs and successours. The reasons
given by the Lords Proprietors of Carolina for settling the land
the benefit of H.M. Plantation, if legally made and with proper
powers: And therefore if the tract granted be sufficient for a
separate Government there may be reason to encourage such
settlement. Signed, Edw. Northey. Endorsed, Recd. 3rd, Read
4th April, 1718. 5½ pp. [C.O. 5, 1265. No. 95.]
460. Office expences of the Board of Trade, Dec. 25, 1717—March 25, 1718. [C.O. 388, 77. Nos. 41, 43, 45.]
461. Mr. Popple to Sir W. Thompson, Sollicitor-General.
Encloses, for his opinion thereon, two Acts of Nevis, 1717, for the
good government of negroes and other slaves, and for laying a duty
upon French sugars, rum and molosses imported etc. [C.O. 153,
13. p. 269.]
462. Stephen Brown to the Council of Trade and Plantations.
Objections urged against the Act of Antigua to prevent the increase
of Papists etc. (v. Jan. 4th). Signed, Ste. Brown. Endorsed,
Recd. 27th March, Read 8th April, 1718. 1½ pp. [C.O. 152, 12.
463. Mr. Popple to Mr. Solicitor General. Encloses copy of
Col. Rhett's letter, 20th March. Continues:— The Council of
Trade and Plantations command me to observe that by ye Charters of Carolina to the Proprietors, to make laws with the assent
and approbation of the freemen there inhabiting: provided
the said Laws be consonant to reason, and as near as may be
conveniently, agreable to the laws and customs of England.
Whereupon, I am to desire your opinion whether the laws complain'd of by Col. Rhett come within the meaning of the abovesaid
genl. words, so as to be in anyways contrary to the powers granted
to the Proprietors by their Charter and what H.M. may do to
remedy the inconveniencies of such laws, and prevent the like
for the future, etc. [C.O. 5, 1293. p. 142.]
464. Governor Phillipps to Mr. Popple. Refers to a letter
which he has not received. "I am now better and will not
faile to attend the Board," etc. Signed, R. Phillipps. Endorsed,
Recd., Read 27th March, 1718. 1 p. [C.O. 217, 2. No. 45.]
465. Mr. Popple to Lt. Governor Bennett. Acknowledges
letters of 30th July, neither of which require any particular
answer. The Council of Trade and Plantations desire you to
send them annually an account of the imports from the Maderas
and Western Islands and for 3 years past etc. in same terms as
to other Governors, v. No. 40s. P.S. Since the signing of this
the Board have recd. your letter of 3rd Feb., and have laid
before H.M. what you write concerning the coming in of the
pirates, upon which their Lordps. will write to you more fully
themselves. [C.O. 38, 7. pp. 335, 336.]
466. Council of Trade and Plantations to Mr. Secretary
Craggs. By the enclosed from Mr. Bennett Governor of Bermuda
you will perceive the good effect H.M. gracious promise of pardon
to the pirates has had, and that the most considerable of them have
resolved to lay hold of this oportunity to surrender themselves,
which we thought fit to acquaint you of without loss of time.
But upon this occasion we must observe to you that as H.M. in his
Proclamation dos not actually pardon the pirates that shall surrender themselves, but only promises they shall be pardoned, it will be
absolutely necessary that sufficient powers under the Great Seal
should be forthwith dispatched to the several Governments of the
Plantations, to authorize them to pardon such pirates as shall
come in upon ye faith of H.M. Proclamation; upon which subject
we did make a representation to the Lords of H.M. Councel on
20th Feb. last, a copy whereof is hereunto annexd. [C.O. 38, 7.
pp. 338, 339.]
467. Mr. Popple to Mr. Burchett. Encloses extract of Lt.
Governor Bennett's letter as preceding, for the information of
the Lords Commrs. of the Admiralty. [C.O. 38, 7. pp. 339, 340.]
468. Same to Mr. Solicitor-General. The Governors of
New York have for many years past granted licences to fish for
whales etc.; But a person of that Province having lately refused
to take out such a licence, has complained of the present Governor
for putting a restriction upon that trade. The Council of Trade
and Plantations therefore desire your opinion whether by the Act
of the 2nd and 3rd of Edward VI, cap. 6th, or the Act of 25 K.C. II.
for the encouragement of the Greenland Trade or by any other
Act relating to the Fishery, H.M. subjects may fish for whales
at New York without licence. [C.O. 5, 1124. p. 12.]
469. John Baskett to the Council of Trade and Plantations.
In obedience to yor. Lordships command, I have made the nearest
computation of the charge of printing the Plantation Laws;
and find it cannot be done for less than five farthings pr. sheet;
if yor. Lordpps. will be pleas'd to consider, that what is printed
for H.M. service at a peny pr. sheet, are H.M. Speeches, Acts
of Parliament, and Proclamations, wch. paper bears but little
more than half the price of that, on wch. those laws must be
printed etc. Signed, John Baskett. Endorsed, Recd. 28th
March, Read 1st April, 1718. 1 p. [C.O. 323, 7. No. 126.]
470. Stephen Brown to the Council of Trade and Plantations.
Prays for a speedy order for the relief of the Popish inhabitants
of Antigua, who now lye under all the disabilitys and hardships
expressed in the Act to prevent the increase of Papists and with
uttmost impatience expect your Lordspps. determination in this
affair etc. (v. March 27, and 4th Jan.) Signed, Ste. Brown.
Endorsed, Recd. 28th March, Read 8th April, 1718. ½ p. [C.O.
152, 12. No. 74.]
471. Council of Trade and Plantations to Governor Lowther.
Acknowledge letter etc. of 20th July. The publick papers enclosed
we find to have been kept in good order: But for the future
we must desire that in addition to your general accounts of
exports and imports, you would add a very particular one of the
state of the trade between Barbados and the Maderas and Western
Islands; for the reasons mentioned in a circular letter etc. We
are very much concerned that H.M. subjects in the West Indies
have been so great sufferers by the depredations of the pirates,
but all possible care has been used on this side to cure so great
an evil, H.M. having been graciously pleased to issue a Proclamation of free pardon to such as shall surrender themselves within
the time prefixed, which we understand has had a very good
effect, and to dislodge such of them as shall prove obstinate from
their old retreat at the Bahama Islands, a regular Government
and force is now established there under the care of Captain
Rogers who will shortly set out for that place, attended by a
competent number of men of war to destroy the remainder of
these common enemies to mankind. The Act for trying of pirates
in the West Indies has been revived and proper commissions for
the execution of it are now passing the seals in order to be sent
to the several Govrs. of the Plantations. That for Barbado's may
probably accompany this letter. We have considered of what
you propose relating to an alteration in the Act for the encouragement of the trade to America, which relates to the impressing of
seamen in the West Indies and tho we are convinced by the
instances you have given, that great inconvences do attend
that law, yet undoubtedly the same were weighed at the passing
of that Act, and much clamour would certainly attend any
attempt to repeal it. However we have laid an extract of that
part of your letter before H.M. Council and when any resolution
shall be taken thereupon, we will acquaint you with it. Meantime we must commend your zeal for the publick in having as
far as in you laid, obviated the difficulties the service layd under
from this Act by fitting out the man of war upon your station to
cruise with such success upon the pirates. We observe with much
satisfaction from the Minutes of your Council and Assembly
the great harmony and good understanding there is between you
and H.M. subjects in Barbado's of which the great presents
the Assembly have made you for the two last years are convincing
proofs, but they are proofs of such a nature as are directly contrary to your Instructions, and therefore we must admonish you
not to break in upon H.M. Order in this particular for the future.
We have perused the several laws past in your Island since H.M.
accession, and our Secry. has directions to send you an account
of what has been done upon them etc. [C.O. 29, 13. pp. 454–457.]
472. Mr. Solicitor General to Mr. Popple. Has no objection
to Acts of Nevis for the good government of negroes and for laying
a duty on French sugars etc. Signed, Wm. Thomson. Endorsed,
Recd. 28th March, Read 16th May, 1718. ¾ p. [C.O. 152, 12.
No. 82; and. 153, 13. pp. 293, 294.]
473. Mr. Popple to Mr. Burchett. Encloses extract of
letter from Governor Lowther (20th July, 1717), to be laid
before the Lords Commissioners of the Admiralty. [C.O. 29,
13. p. 458.]
474. Lt. Governor Bennett to the Council of Trade and
Plantations. Encloses duplicate of 16th Feb. Continues:—Only
four [more pirates from Providence] have come in. More intended
by what they say but were afraid of bringing their effects
with them for fear of being seized, and doe declare they will never
surrender without the assurance of enjoying what they have
gotten, for otherwise say they we have ventured our necks for
nothing etc. This notion of the pirates I fear will occasion
many of them goeing out again if speedy care be not taken,
therefore intreat yr. Lordps.' directions therein. Those that
have surrendered to me (being but twenty) brought not their
effects with them but left all att Providence, but if liberty be given
to bring them hither some will settle here. Pardon me my Lord
if any pirates should arrive here in order to surrender and bring
their effects with them, I should not directly seize their goods
till I received orders soe to doe; presumeing on my construction
of H.M. Proclamation that as upon surrender their crimes are
remitted, etc., their effects are not seizeable but subject to the
King's duties etc. My Lords I am endeavouring all I can to
answer with satisfaction yr. Lordps.' duplicates of letters (the
originals not comeing to my hands) dated 4th Aug., 1715, and
30th May, 1716, but I meet with soe many difficulties and
obstructions occasioned by my predicessour in his time of Govermt.,
that I must intreat yr. Lordps.' patience, and beg leave to assure
that noe care has been wanting in me since I was restored to the
Govermt. to put the fortifications and militia in a condition for
the defence of the country therefore humbly hope that reflection
makes noe impression. Having proceed thus far etc. a sloop
arrived from Providence in [which] came eight surrenderers etc.,
but none brought any effects for fear of seizure etc. They left
att Providence the Phenex man of war Capt. Pierce Comander
who had been there three weeks, and by his prudent managemt.
and conduct had occasioned a great m[an]y of the pirates to
surrender upon which he gives them certificates of their soe doeing,
they all tell me that there is not above 200 men (I mean pirates)
att Providence and Harbour Island who are all very quiet and
respectful to Capt. Pierce, and therefore hope will come in etc.
Signed, Ben. Bennett. Endorsed, Recd., Read 15th May, 1718.
Holograph. 2 pp. [C.O. 37, 10. No. 9; and (abstract) 37, 24.