93. Governor Shute to the Council of Trade and Plantations. Refers to replies sent 17th Feb. and to enclosed replies
relating to New Hampshire. Continues: H. M. Prerogative
being concerned in what has lately happened in the Province
of the Massachusetts Bay, I think it my duty to give your
Lordships the following account. One the 25th of May the
Assembly met, and thought fit to choose Elisha Cooke Esq.
for their Speaker, upon which I sent a message down to the
House that I would not accept of him. This is the gentleman
I removed out of the Council for invading H.M. rights in the
woods of Main, for which I had your Lordships.' thanks; and
has also illtreated me for which he was censured by the Council,
and remains upon record in the Council Books. The House
upon my refusing of him sent me word that they would not
proceed to the choise of another; whereupon I continued the
House sitting for five days to see if they could be brought to
another choise, but finding they could not be prevailed upon
I disolved them on the 30th of May. Upon searching the
Records I found my predecessor late Govr. Dudley had
negatived a Speaker; The House insisted upon having him;
and the Govr. and Council being in some doubt whether the
Governour had such a power invested in him or no, did permit
that Speaker to continue, with the saving of H.M. Prerogative.
and sent home to the then Lords of Trade to have that clause
in their Charter relating to elections explained and their
Lordsps. sent him enclosed explanation. Refers to enclosures.
Continues:—I had the King's Attorney Genll's. opinion, and
all the able lawyers in this affair etc. Asks for Instructions
as soon as possible. Continues: I did imediately upon the
disolution issue out fresh writs, and know not whether the new
Assembly will not choose the same person, which if they do I
shall still continue to negative him untill I shall hear from the
Honble. Board etc. The common people of this Province are
so perverse, that when I remove any person from the Council,
for not behaving himself with duty towards H.M. or His orders,
or for treating me H.M. Govr. ill, that he becomes their
favourite, and is chose a Representative, where he acts as much
as in his power, the same part that he did when in Council; of
which Mr. Cooke is an instance, who strenuously opposed the
King's Order in relation to the Impost Bill, in the House of
Representatives. These proceedings very much clogg H.M.
interest, as well as the interest and welfare of this Province,
which I hope your Lordsps. will be pleased to take into your
consideration. The Indians in this country at present continue
quiet and easy. Signed, Samll. Shute. Endorsed, Recd. 15th
July, Read 3rd Aug., 1720. 3½ pp. Enclosed,
93. i. Extract of letter from the Council of Trade and Plantations to Govr. Dudley, 4th Feb., 1705/6. We approve
of your conduct in relation to the Speaker etc. 1 p.|
93. ii. Governor Shute's Speech to the Assembly of the
Massachusetts Bay, 28th May, 1720, advising election
of another Speaker, etc. Copy. 1 p.|
93. iii. Governor Shute's Speech to the Assembly, upon
dissolving the same, 30th May, 1720. Copy. ¾ p.|
93. iv. Clause in the Charter of the Massachusetts Bay, that
the Governor shall have the negative voice in all
orders, laws, elections etc. Endorsed, Recd. 15th
July. Read 3rd Aug., 1720. Copy. ¾ p. [C.O. 5, 867.
Nos. 67, 67. i.–iv.]|
Boston, N. England.
94. Governor Shute to Mr. Popple. Refers to letters of
17th Feb. etc. and encloses following, "which had been sent
sooner if it had not been for the longest and severest winter
that has been known in these parts, which prevented me going
into that Province so soon as I intended. I have the map of
New Hampshire by me which I will send by Capt. Chadder
who will sail in about 14 days which I take to be the safest
conveyance this ship only touching at Cow's in its way to
Holland," etc. Signed, Samll. Shute. Endorsed, Recd. 15th
July, Read 4th Aug., 1720. Addressed. 1 p.
94. i. Copy of Queries, June 4th, 1719, No. iii.|
94. ii. Governor Shute's Answers to Queries relating to New
Hampshire (4th June, 1719). (i) The number of
people in this Province were upon my first arrival
about 9000 of which, men 1500. White servants,
very few, Blacks 150. The increase about 500 in the
four last years. (ii) The trade is principally lumber
and fish, which is exported, the lumber to the neighbouring Governments to the West Indies and Western
Islands, from whence our wines are imported, and
very lately some to Great Britain as also some tar
and turpentine, from whence the whole supply of all
linnen and woolen manufactures is imported except
some quantity from Ireland either directly or by way
of other Plantations in exchange for our timber, merchantable and refuse fish. The merchantable fish is
exported now wholly to Portugal and Italy, the proceeds of it allways remitted to Britain, except what is
return'd in salt for the fishery. (iii) The trade in fishery
is much increased since the peace with France, but the
trade of lumber decreased, by reason of the low price
it bears in the West Indies and little incouragement
to send it to Britain, because of the great duty of it
there. (iv) The methods used to prevent illegal
trade is the due observation of the Laws now in force
relating to the Trade of the Plantations which I
indeavour strictly to put in execution and do also take
all imaginable care that the King's officers are protected in the execution of their places. I am also of
opinion that further to prevent illegal trade, that the
Government of New Hampshire should have another
Custom House Officer appointed, there being many
creeks and coves to run prohibited goods. (v) The
ships that trade to foreign parts are now very few,
not above 20 belonging to the Province, but of fishing
vessels 100 all built in this Province, of seafaring men
and fishermen about 400, but many of them transient
that are not inhabitants here. There are no settled
manufactures in the Province. (vi) Lumber fish
and masts for the Royal Navy with a small matter
of turpentine are the only produce of this Province;
we build some ships but that is much abated since
the last warr. Here is some quantities of iron mines
which makes very good iron tho' but little of it forged
as yet; for an experiment there is two mills now
erecting and great quantities of stone, in which we
are of opinion there may be silver, of which stone a
ship load was sent to London for a tryal but what it
produces there is yet no account. (vii) The annual
produce of these commodities is very uncertain, the
price falling and rising according to the demand,
seldom exceeding £50,000 per annum of New England
money. This Province would produce quantities
of hemp and flax, if any incouragement could be
obtained for it, but the people want seed for the first
sowing of hemp and flax. (viii) There is but one
fortification, Castle William and Mary at the mouth
of the harbour and is in a tolerable state of defence
on which there is mounted 42 guns. Endorsed as
letter. 2¾ pp. [C.O. 5, 867. Nos. 72, 72. i., ii.]|
95. Col. Vetch, John Borland and James Douglas to the
Council of Trade and Plantations. In 1709 Don Carolos Marquis
de Sucre, going Governor to Carthagena under his father the
Marquis de Preuse, was taken prisoner by H.M.S. Enterprize
and brought to Boston. After several months, at his instance,
a flag of truce, the Providence brigantine, was fitted out by undersigned, loaden only with provisions, and sent to Carthagena
with the Governor's passport, to arrange an exchange with
several British subjects who had been taken in the Bays of
Campeachy and Honduras. Under stress of weather etc. they
asked leave to wood and water etc at Porto Bello, which was
granted, but the vessel and cargo were seized and sold, and the
master and men put on board a sloop for Jamaica etc. Pray
that the Court of Spain may be pressed to make redress etc.
Signed, Saml. Vetch, John Borland, James Douglas. Endorsed,
Recd. Read 3rd June, 1726. 1¾ pp. [C.O. 388, 22. No. 256.]
96. Mr. Popple to Mr. Lowndes. The Council of Trade and
Plantations having approved the sureties for Lt. Govr. Calvert
etc. enclose draft of a bond to be taken at the Exchequer etc.
cf. 17th May, 1715). [C.O. 5, 727. pp. 492, 493.]
97. H.M. Instructions for William Burnet, Governor of
New York, with Instructions relating to the Acts of Trade and
Navigation. v. 31st May. [C.O. 5, 189. pp. 486–544.]
98. H.M. Instructions for William Burnet, Governor of
New Jersey, with Instructions relating to the Acts of Trade
and Navigation. [C.O. 5, 189. pp. 545–591.]
99. H.M. Commissions to William Burnet to be Governor
of New York and New Jersey, and revoking that of Robert
Hunter. v. 31st May. Countersigned, J. Craggs. [C.O. 5,
189. pp. 462–485.]
100. H.M. Warrant granting the reversion of the offices
of Chief Clerk and Register in Chancery and Clerk of the Crown
and Clerk of the Peace in Barbados to Nicholas Paxton, upon
the death, surrender or forfeiture of Anthony Cracherode
who now holds them, and to Barnabas Legard, after the deaths,
surrenders or forfeitures of Cracherode and Paxton etc. Countersigned, J. Craggs. Copy, [C.O. 324, 34. pp. 5–7.]
101. Col. Schuyler to the Council of Trade and Plantations.
Abstract. The Commissioners for Indian Affairs are returned
and have great in measure obtained the ends for which they
were sent (v. 27th April). Transmits their Journal in Minutes
of Council, and recommends it to the Board's consideration,
"least the French settle and secure those passes through which
the five nations usually goe to hunt, and the Farr Indians come
to trade at Albany, and I am of opinion we may justly prevent
these mischiefs, since those very lands have been given in a
public and solemn manner by the Five Nations to the Crown of
Great Britain many years agoe" etc.
Encloses lists of vessels entered inwards and outwards, 29th
Sept. 1719—25th March, 1720. Set out, N.Y. Col. Docs, V. 541.
Signed, Pr. Schuyler. Endorsed, Recd. 26th June, 1720,
Read 18th Jan. 1720/1. 1¾ pp. [C.O. 5, 1052. ff. 119, 119v.,
102. H.M. Warrant appointing Governor Burnet Captain
of an Independent Company at New York, etc. Countersigned,
J. Craggs. Copy, [C.O. 324, 34. pp. 8, 9.]
103. Governor Shute to the Council of Trade and Plantations. Refers to letters of 1st June, sent by vessel en route for
Holland and encloses map of New Hampshire. P.S. Since this
was written there has been a new election for the town of Boston
where they have chosen Mr. Clarke an appothecary whom I had
removed from the Council for having strenuously opposed H.M.
order in relation to the Impost bill and other misdemeanours.
Signed, Samll. Shute. Endorsed, Recd. 26th July, 1720.
Read 7th March, 1720/1. 1 p. [C.O. 5, 868. ff. 1, 2v.]
104. Order of King in Council. Appointing John Johnston
and Francis Harrison Councillors for New York, and John
Johnson, junr. for the Eastern Division, and John Reading and
Peter Baird for the Western Division of New Jersey. Signed,
Edward Southwell. Endorsed, Recd. Read 11th Jan. 1720/1.
1 p. [C.O. 5, 1052. ff. 105, 106v.]
105. Mr. Secretary Craggs to Governor Lowther. I am
commanded by H.M. to repeat to you the signification of his
pleasure communicated in my letter of ye 5th of March last,
that you exactly follow your Instructions in leaving the administration of ye government of Barbados with the eldest Counsellor
who shall be at the time of your absence residing in
the Island. To which I am now ordered to add by way of
explanation that you do on no pretence whatsoever exclude
Samuel Cox Esq. from ye said administration, to wch. he hath
an undoubted right as eldest Counsellor. Memdm. This lr.
was sent from ye Secy.'s Office under a flying seal for conveyance.
Signed, James Craggs. Endorsed, Recd. 24th. Read 27th June,
1720. Copy. 1 p. [C.O. 28, 15. No. 90; and 324, 34. p. 8.]
106. Order of King in Council. Approving draughts of
Instructions for Governor Burnett. v. 31st May. Signed, Temple
Stanyan. 1¼ pp. [C.O. 5, 189. pp. 486, a., b.]
107. Governor Hamilton to the Council of Trade and
Plantations. Encloses Minutes of Council and Assembly of
Antigua, and an Act for raising a tax in St. Christopher's etc.
Continues: Upon my return from the other Islands, and perusal
of the papers your Lordships directed me to send, I find they
are so deficient that I cannot presume to send them in the
manner they now are but shall take care by the next safe
conveyance to transmit them to your Lordships. Your Lordsships can scarce conceive the trouble and pain I have taken in
this affair, and can assure you there has been no neglect in me;
the Islands being seperated and several of the Officers with
whom I have to do in each of them, being ignorant and the best
dilatory, have occasioned this delay. It has been so excessive
dry for these five months past in these Islands and particularly
in Anguilla that several of the inhabitants have deserted that
Island, and more will follow. And I am apprehensive that
(unless some provision is made for them) they will seperate
and settle in some of the Dutch Islands. They have applyed
to me for patents for land in Tortola which I did not give but
have given grants for land untill H.M. pleasure shall be known
therein, being convinced 'twill be very much for H.M. service
and the good of these His Colonys to keep them, if possible,
from seperating and setling among other Nations, the Island
of Anguilla not affording sufficient to support themselves and
familys. Signed, W. Hamilton. Endorsed, Recd. 8th Aug.
1720. Read 27th June, 1721. 3 pp. Enclosed,
108. List of enclosures; Minutes of Council of Antigua,
5th Jan. 1718–7th Dec. 1719; Minutes of Assembly, 5th Jan.
1718–24th March, 1720. Act of St. Christopher for raising
a poll-tax on slaves and £500 etc. Same endorsement. 1 p.
[C.O. 152, 13. ff. 77–78, 80–81, 82v.]|
Colony of Rhoad Island etc., Newport.
109. Governor Cranston to the Council of Trade and
Plantations. In obedience to your Lordships' commands,
Aug. 7th, wee have hearwith sent a chart or map of this H.M.
Colony and should have sent it sooner, But your commands
not coming to our hands untill the beginning of Nov. last, the
winters season would not admit us to make an exact sirvey, so
that wee was forst to suspend it untill the weather was moderate,
and the country passable. The extent of the mape is drawn
according to the bounds set forth by our Royal Charter etc.
There having been a long controversy between this Goverment
and the Goverment of the Masacusets and Conecticut (our
bordering neighbours) about the bounds of our Colony; they
have (as we presume) unjustly withheld from us considerable
part of our Colony within the abovesaid bounds or limits, the
which your Lordships will perceive by the green lines (the which
describe what wee are at present possest of) and how much
of our jurisdiction is forcably detained from us. Tho for the
sake of peace, and for maintaining a friendly correspondence
with the Goverment of Conecticut. In the year 1703, by
Commissioners chosen and commissionated by each Goverment
a line was agreed upon between the two Coloneys, tho' to our
considerable loss and damage (occationed by the ignorance of
our Commissioners, of the situation of the countrey) wee were
content to abide by it, and to confirme the said agreement.
But the Goverment of Conecticut, tho often requested to
joyn with us in running and stating the said line (tho much to
their advantage) hath not joyn'd with us therein, but hold us
in suspence, daley making incroachments upon our jurisdiction
and propertys, the which unjust proceeding hath caused us to
remonstrate and explaine the whole cause to our Agent, in
order to be laid before H.M. in Councill, as we have done that
on the other side relating what (we presume) is withheld from
us by the Goverment of the Masstusets Bay etc. No incroachments have been made by the subjects of any forreigne
Prince on said Coloney, but what incroachments wee have
suffered hath been made by our neibours as aforesaid. This
Colony in comparison of the other Provinces and Coloneys on
this Continent is very small at ye extent etc., if our neibours
should be countenanced, it would be redused to a small morsel
etc. Rely upon wisdom and justice and H.M. and his Council etc.
Signed, Saml. Cranston. Endorsed, Recd. (from Mr. Partridge)
29th Aug., Read 1st Sept., 1720. 2¼ pp. [C.O. 5, 1265.
110. Messrs. Plowman, Borland, and Shard to Mr. Popple.
Apply for joint patent for curing sturgeon etc. cf. May 27.
Signed, John Plowman, John Borland, Robt. Shard. Endorsed,
Recd. 14th. Read 15th June, 1720. Addressed. ¾ p. [C.O.
323, 8. No. 9].
111. Council of Trade and Plantations to Lt. Governor
Spotswood and the Council of Virginia. Acknowledge letters of
May 5th. Continue: We hope your reconciliation is establish'd
upon such a foot as may prove to H.M. honour and service,
and that the same may be lasting, wherein no doubt every
good subject in Virginia must find his satisfaction and advantage. [C.O. 5, 1365. p. 214.]
112. A true state of the Case between the inhabitants of
South Carolina and the Lords Proprietors of that Province;
containing an account of the Grievances under which they
labour. An abstract of 3rd Feb. q.v. Endorsed, Recd. (from Mr.
Boon). Read 16th June, 1720. Printed. 4 pp. [C.O. 5,
1265. No. 145.]
113. Act of South Carolina for the better supporting of the
publick creditt etc. In view of the expence of preparations
for defence against the Spaniards and the incursions and
depredations by the Indians, and the scarcity of money,
£10,000, appropriated by the Act of 1719 entitled An additional
Act to an Act for raising of £70,000 etc. towards sinking
of so many bills of credit this present year, is appropriated for
discounting of all such orders and accounts as are due from the
publick, and extending the period for sinking the same till
March 1723 etc. Endorsed, Recd. from Mr. Boon. Read 16th
Aug., 1720. 2¾ pp. [C.O. 5, 358. ff. 8, 9v.]
114. Mr. West to the Council of Trade and Plantations.
Report upon Acts of Barbados. (i) Act to impower Governor
and Council to commute the value of powder etc. found wanting
in the accounts of storekeepers etc. Refers to enclosed arguments
for and against it. Continues:— That part which relates to
the proceedings against Mr. Peers late one of the storekeepers
is the subject of a petition by him now depending before the
Privy Council. But another part which confirms the process
executed by the Marshall of the Committee of accounts, I am
of opinion is contrary to the King's Prerogative, inasmuch as
the Committee do thereby pretend to establish a new officer
of Justice, and such an officer as no Committee of our House
of Commons at home, ever yet pretended to appoint. (ii) An
Act for the better ordering and regulating the proceedings of H.M.
Court of Common Pleas. Refers to enclosed reasons for and
objections to it. Continues:—As to the subject matter, it is
not proper to be pass'd, tho' the intention is very reasonable
and very fitt to be pass'd when drawn into proper form. For if
a speciall verdict bee not found, in any cause where either party
thinks himself aggriev'd by the judgment, it is exceeding difficult
if not impossible to have a remedy by appeal to the Councill at
home, since without a speciall verdict the whole of the case can
never fully appear. If therefore they had confin'd the obligation, they putt their judges under of directing a speciall verdict
when desir'd, to such causes only where the value of the thing
in question was equall to what by H.M. Instructions they are
at liberty to appeal home for, I should have thought the Act
well calculated to render the remedy the subject there has
against any erroneous judgement by appealing to the Privy
Council more easy and practicable and also to make the dependence of those people still closer to our Government at home.
But the obliging all Judges to direct a speciall verdict without
any reason assign'd, upon the bare request of the party, and
that in causes of never so small a value, is certainly putting it
in the power of the debtor most unreasonably to delay his
creditor in the recovery of just debts. But the penalty inflicted
upon Judges who deny or neglect to direct a speciall verdict
when desir'd, by making them, besides an incapacity lyable
to the damages sustain'd by the party, and those to bee
recovered before any Justice of the Peace as in case of servants
wages is so absurd that I beleive your Lordships will not think
it proper to bee pass'd into law. Quotes 5 other Acts to which
there is no objection. Signed, Richard West. Endorsed, Recd.
21st June. Read 5th July, 1720. 7 pp. Enclosed,
114. i., ii. Arguments for and against the Acts of Barbados
to empower the Governor and Council to commute the
value of powder etc. 6 pp.|
114. iii. Reasons for repeal of Acts of Barbados (i) for the
better ordering the proceedings of the Court of Common
Pleas and (ii) for abrogating the oath appointed to be
taken by attornies employed to draw up special verdicts
and appointing another oath etc. Endorsed as report.
5½ pp. [C.O. 28, 15. Nos. 93, 93. i.–iii.]|
115. Order of Committee of Council. Referring petition
of Sir A. Cairnes and the reports of the Board of Trade thereon
to the Treasury and Admiralty for their opinions. [Cf. July 21,
1718 and A.P.C. II. No. 1299]. Signed, Edward Southwell.
Endorsed, Recd. Read 11th Jan. 1720/21. Torn. 1½ pp.
[C.O. 217, 3. No. 17; and 218, 1. pp. 498, 499.]
116. Governor Sir N. Lawes to the Council of Trade and
Plantations. I have not been honoured with any of your
Lordships' commands since my last letter of 31st March. Our
Assembly met the 15th instant according to adjournment, and
I recommended to them sevll. matters of importance for H.M.
service and the good and prosperity of this Island. Refers
to enclosed Speech, to which they returned a very dutifull
Address etc. They have as yet been but a short time together
since their last meeting, so that I cannot make any certain
judgement whether they really intend to comply with their
engagements, but I hope they will; Nothing shall be wanting
in me to invite them to it and I should be extreamly glad they'd
lay aside all animositys and disputes, and seriously pursue the
true interest of their King and Country, etc. Signed, N. Lawes.
Endorsed, Recd. 24th Aug., Read 2nd Nov., 1720. 1½ pp.
116. i. Speech of Governor Sir N. Lawes to the Assembly
of Jamaica, June 16, 1720. Printed by R. Baldwin.
Price 2 ryals. Same endorsement. 5 pp.|
116. ii. Address of the Assembly in reply to preceding.
17th June, 1720. Signed, Edmund Kelly, Speaker.
Same endorsement. 1 p. [C.O. 137, 13. Nos. 43,
43. i., ii.]|
117. Mr. West to the Council of Trade and Plantations.
Report upon the Admiralty Jurisdiction and Piracies in the
Plantations. (Cf. May 5th). The 54th Instruction to
Governours, which the Lords of the Admiralty desire may be
annulled, on the supposition that the Governors are sufficiently
instructed by their patents issuing out of the High Court of
Admiralty, relate to two things, the goods of pirates and goods
piratically taken. The Common Law of England is the Common
Law of the Plantations, and all Statutes in affirmance of the
Common Law pass'd in England antecedent to the settlement
of any Colony are in force in that Colony unlesse there is some
private Act to the contrary, tho' no Statutes made since those
settlements are there in force unlesse the Colonies are particularly mention'd. Piracy is Felony (that is a capital crime)
only by the Civill Law as that Law is the rule of proceeding
in our Admiralty Courts, nor was it at all cognizable by the
Common Law. But the Admiralty Jurisdiction was by experience found not to bee a remedy adequate to the mischief
since by their law no man can bee condemned to death unlesse
he either confesses his crime or bee convicted by witnesses,
who saw him committ the fact, by which means many offenders
escap'd punishment. To remedy this mischief it was enacted
28th, Hen. viii. ch. xv., that all murthers robberies etc. committed by pirates on the High Seas or where the Admirall
pretends jurisdiction shall be try'd in such counties within the
Realm as shall be limitted by the King's Commission, in like
manner as if such offences were done at land. And that such
Commissions shall be directed to the Lord Admirall etc., and
such as shall bee convict, suffer death without benefitt of clergy,
and forfeit lands and goods, as in cases of felonies, and murthers
done at land. Ever since, no pirate has been condemned by
a Court of Admiralty quâ such, but all tryals for piracy have
been by speciall commission grounded upon the Statute. Now
if this Statute was of force in the West Indies no person cou'd
bee convicted there without a speciall Commission, and if it
was not the proceedings must have been altogether at the Civil
Law as receiv'd in the Admiralty Courts unaided by any Statute
and consequently scarce any person wou'd have been convicted
at all, for doubtlesse the inconveniencies wou'd bee as bad there
if not worse than they were at home before the making of that
Statute. By the preamble to the Statute of 11th and 12th
William III ch. vii it not only appears that ever since the statute
of Hen. VIII, the tryall of pirates etc. before the Admirall etc.
singly by the Civill Law had been altogether disus'd and laid
aside, But also that the statute of Hen. VIII did not extend to
the West Indies, and therefore it is enacted "that all piracies
felonies and robberies committed upon the sea etc. where the
Admirall has jurisdiction may bee try'd at sea or upon the land in
any of H.M. Plantations by Commission under the Great Seal
of England or Admiralty Seal." Which Commissioners tho'
they are directed to proceed according to the course of the
Admiralty doe not yet derive any part of their authority from
our High Court of Admiralty, but only from their speciall
Commissions issu'd for that purpose. Argues that therefore
pirates in the West Indies, and consequently their goods cannot
be condemned before the Admiralty Courts as such, but only
through the special Commissions granted to Governors founded
upon the Statute of Wm. III. As presidents of such courts of
judicature, quâ special Commissioners not qua Vice-Admirals'
a Governor must take care of the person to whose custody such
goods are committed. The Instructions is therefore very
The second Memorial (Feb. 6th, 1719) is occasioned upon
the letters of Mr. Smith, Advocate for the Court of Admiralty in
New England and Mr. Menzies, Judge of Admiralty in the
Massachusetts Bay, and is founded on nothing but the desire
which the Admiralty Judges have of extending their jurisdiction
in the West Indies. Mr. Menzies complains not that prohibitions
have been directed to their Admiralty Courts in cases in which
by law they ought not to have been granted, but that any
prohibitions were granted at all, etc. Argues that it is impossible
a power of granting prohibitions should not be wherever the
Common Law is extended. For should the Court of Admiralty
in New England take upon them to hold plea of freehold or
to take cognizance of Acts of debt etc. what remedy has the
subject to vindicate that right to that inheritance which he
has in being judg'd by the Common Law. If there is no power
of granting prohibitions, remedy he has none, and the benefit
of the Common Law must in the Colonies bee enjoy'd by none
but those who have wealth sufficient to support frequent appeals
to Great Britain etc. etc. Concludes: But as to Mr. Smith and
Mr. Menzies being disturb'd in the exercise of the Admiralty
jurisdiction in the adjudication of what is or is not prize, they
certainly are in the right to complain, and it is the duty of the
Governors to support them in it, and if they are negligent in
so doing, H.M. order for that purpose wou'd undoubtedly make
them carefull to doe it etc. The Lords of the Admiralty pray
H.M. to order the Governor to restrain the Provinciall Judges
from interrupting the proceedings of the Courts of Admiralty.
But if prohibitions are legally granted, no order can authorize
him to hinder them, and if they are not, the proper remedy is
by appeal. But if your Lordships should find as in all
probability the fact as to New England is, that the people
there, doe under a pretence of law attempt to disturb and
perhaps to banish from that Province, the due exercise of an
Admiralty Jurisdiction deriv'd more immediately from the
Crown than that of their own Courts, the properest remedy
the Admiralty can apply for, is that a bill may bee brought into
Parliament next Sessions, by which the manner of trying
piracies, and the exercise of the Admiralty Jurisdiction may be
established etc. Signed, Richd. West. Endorsed, Recd. Read
21st June, 1720. 23½ pp. [C.O. 323, 8. No. 10.]|
118. Mr. Bridger to Mr. Popple. I have pro[se]cuted
Timothy Gerrish, Paul Gerrish and Thos. Hanson for cutting
6 pine trees without licence etc. They act under an agreement
with David Jefferys, an agent of Mr. Taylor's etc. If such an
agreement is approved of, a Surveyor is of no more use than if
he were in China etc. It is impossible to get witnesses. The
owners (sic) probandi must be upon the cutters. Mr. Cooke's
oppinion has prevailed so far that the King nor his officer has
anything to do in the woods etc. Your Lordships may expect
a cloud of witness's affidavits against me for defending H.M.
rights etc. There is not one person in these parts, that will
support H.M. just rights, prorogative etc., but the Lt. Governour,
Jno. Wentworth, who has not failed me upon my application,
on all occasions. Thomas Westbrook, one of H.M. Council,
has taken the same liberty with those criminal offenders, and
agreed with Mr. Jefferies to get so many trees, and employed
many men in this province to cut them, more in the province of
Main and all without licence, etc. When recommended to your
Lordships he had then a good repute and favour wth. the
people but within 2 years is gott violently into the faction of
Cooke wch. is against King and Govert. etc. It is more than a
year since I have had the favour of a line from their Lordships;
and two years without any salary, nor any person to supperseed
me here. Prays for Instructions etc. Here is in this province
sown a good quantity of hemp seed, and I am well assured
by the late Act of this province it will be encouraged and the
people find their intrest answered thereby. The tryal being
over this judgment was given: (because I could not prove that
the trees was cut on unapropriated land). That the 6 trees
should be delivered to defendants' they giving bonds of £600
to deliver them to H.M. yards and produce a certificate thereof in
18 months, and that they pay the officers fees. They answered
the 3 Justices that they would not pay any fees. Refers to
enclosures etc. Signed, J. Bridger. Endorsed, Recd. 17th Aug.
1720. Read 22nd Aug., 1721. Holograph. 4 pp. Enclosed,
118. i. Mr. Bridger to Saml. Penhallow, Richd. Wibird, Thos.
Packer, the three Justices referred to in preceding.
Portsmouth, June 11, 1720. Concludes: Those
trees being under seizure before the trial commenced,
it was not cognizable before you, either to take bonds
or deliver a tree of them 6, but to enquire where they
were cut and nothing else, for these trees must be
found to answer the judgment given thereon. Same
endorsement. 1 p.|
118. ii. Copy of Mr. Taylor's contract with H.M. Commissioners of the Navy for the delivery of two
ship loads of masts yearly etc. 2nd May, 1715.
With Mr. Bridger's comments: His agent cuts what
number of trees he pleases without my licence etc.
Same endorsement. 1 p.|
118. iii. Benjamin Wentworth to Mr. Bridger. Paul Gerrish
etc. have got 130 trees this winter besides the 16 seized
etc. Signed, Benja. Wentworth. Note by Mr. Bridger:
The secret agreement was but for 119 etc. Same endorsement. Addressed. 1 p. [C.O. 5, 868. ff.
71–72v., 73v., 74, 75–76v.]|
Office of H.M. Remembrancer.
119. Certificate that Lt. Governor Calvert has put in the
security required, v. 19th May. Signed, James Pearse. Endorsed, Recd. Read 24th June, 1720. ½ p. [C.O. 5, 717.
120. Copy of Governor Shute's Commission to Henry
Newman to be agent in England for N. Hampshire, as voted by
the Assembly, April 20, 1720. Signed, Samuell Shute, Richd.
Waldron, Cler. Con. Endorsed, Recd. (from Mr. Newman)
30th Sept., 1720. Read 10th Nov., 1721. 1 p. [C.O. 5, 868.
ff. 149, 149v.]
121. Governor Burnet to the Council of Trade and Plantations. Supports suggestion for an instruction relating to
Revenue of New York, similar to that given for New Jersey etc.
(v. 20th May). Signed, W. Burnet. Endorsed, Recd. 23rd.
Read 24th June, 1720. 1½ pp. [C.O. 5, 1052. ff. 16, 16v,
122. Office accounts of the Board of Trade, March 25—June 24th, 1720. v. Journal of Council. [C.O. 388, 77. Nos.
78, 80, 82, 83.]
123. Memorandum of Commission appointing Edward
Ashe Esqr. a Lord Commissioner of Trade in the room of John
Molesworth. Endorsed, Recd. Read 2nd July, 1720. Slip.
[C.O. 388, 77. No. 76.]
124. Council of Trade and Plantations to the Lords Justices.
Lt. Governor Calvert having given the usual security, enclose,
for their Excellencies' signature, draft of the usual Instructions
to the Lord Guilford, guardian to the Lord Baltemore, relating
to the Acts of Trade etc. [C.O. 5, 727. pp. 493, 494.]
125. [?] to Mr. Boone. Refers to former letters. Continues:
Very lately we have had a very wicked and barbarous plott
of the designe of the negroes rising with a designe to destroy
all the white people in the country and then to take the towne
in a full body but it pleased God it was discovered and many
of them taken prisoners and some burnt some hang'd and some
banish'd. I think it propper for you to tell Mr. Percivall at
home that his slaves was the principall rogues etc. 14 of them are
now at the Savanna Towne and will be executed etc. The Savanna
garrison tooke the negroes up half starved and the Creeke
Indians would not join them or be their pylots. The war
continues still between the Creeks and the Charaches which I
take to be good news for us the Creeks was lately coming
down to assure us of their friendship but advice was brought
them that the Yamasees was foule of their towns and had
killed 7 warriors and many others and taken many prisoners etc.
I gave you an account formerly that there was a tanner and his
white sert. killed by the Indians to the Southward and 12 negroe
men carryed them to Augustine which has I imagine given
them incouragemt. to come again a plundering for we have
now advice that seaven perioguas are coming from the Yamasees
to the southard a plundering at least but if they can by
treachery take Port Royall Garrison doubt not but they will
doe it. I suppose some Spands. is with them. At the same
tyme the negroes was playing the rogue we had a small war
with the Vocamas a nation on Winea River not above 100 men
but the Gentlemen have paid for it for there is 60 men women
and children of them taken and killed and we have not lost one
white man only a Winea Indian killed and now they petition
for peace which will be granted them. We increase dayly in
slaves but decrease in white men a body of white people we
expect from Philadelphia but they are at a loss how to gett
lands they have sent already to view Cape Feare and like it
pretty well there is lately a periagua full of white men gon from
Charles Towne which is supposed design to turn pyrates. From
Augustine is lately fitted out nine privateers which have
taken many vessells on this coast the man of warr that is now
here have retaken one that was chartered here on Govr. Johnson
and Capt. Marshall from Providence retook a ship that the
Spands. had taken off Virginia with a good cargoe of dry goods
the ship came from White Haven as I take it Govr. Moore's
bro. was taken also by the Spaniards going to North Carolina
to see his bro. and is now at Augustine poore Mr. Geo. Livingson's
eldest son was also on board the same vessell and we doubt is
lost for the privateer put on board a long boat off Cape Hateras
12 leagues 50 soules in one boat and his son we heare was one
so that we are afraid they are all drowned. If H.M. will be
pleased to take us under his imediate care it will putt some life
in us but if not many of the best and richest inhabitants will
leave the country. I hope if it please God you gett the
Governmt. in the hands of the Crowne you will endeavor that
we have good officers sent of all sorts then doubtless Carolina
will thrive again. I expect we shall now have more pyrates
then ever therefore the more occasion of an imediate protection
from the best of Princes King George (whom God preserve).
Endorsed, Recd. from Mr. Boon. Read 16th Aug., 1720. Copy.
2¾ pp. [C.O. 5, 358. ff. 6, 7v.]
126. Mr. Popple to Mr. West. Encloses petition of Messrs.
Plowman etc (v. 14th June). The Council of Trade and Plantations judging that undertaking fit to be encouraged, and
being desirous to have the same effectually carryed on without
being made a stock-jobbing business, I am to desire your
opinion in what manner a patent may be granted them to answer
what their Lordships propose. [C.O. 324, 10. pp. 278, 279.]
127. Mr. Bridger to Mr. Popple. Inclosed is the trial I
had this 11th of June and was cast etc. Since my last I have
demanded of Thomas Westbrooke Esqr. to let me see agreement
betwixt him and Mr. David Jefferies for cutting mast trees
but he refuses, nor will he tell me how many trees he has cut etc.
Complains that he has been 2 years and 4 days without any
support and is in great straits etc. Signed, J. Bridger. Endorsed,
Recd. 8th Aug., 1720. Read 5th July, 1722. Addressed.
2 pp. Enclosed,
127. i. Copy of trial of J. Bridger v. Timothy and Paul Gerish
and Thomas Hanson for cutting 6 trees without licence
etc., referred to 1st May, 20th June, and in preceding.
Portsmouth, 9th May, ff., 1720. Same endorsement.
23 pp. [C.O. 5, 868. ff. 250, 250v, 251v–263v.]|
128. Petition of Stephen Duport to the Council of Trade
and Plantations. Prays for a letter to Governor Hamilton to
aid his attorneys (instead of delaying their proceedings to eject
his son's widow, Ester Duport out of his plantation in St.
Christophers etc.), as also in getting the charges he was at in
procuring the stores for all the Leeward Islands. Mr. Tryon
has been paid the freight long since, which 'twas agreed should
be paid at the same time etc. Signed, Ste. Duport. Endorsed,
Recd. 26th. Read 29th June, 1720. ½ p. Enclosed,
128. i. [? Mr. Duport's Attorney to Mr. Duport.] Nevis, 30th
April, 1720. Complains of Governor Hamilton's continual delays in signing a writ of rebellion against the
widow (v. preceding.) Copy. ½ p. [C.O. 152, 13.
ff. 16, 17, 19v.]|
129. Horace Walpole, Auditor General of the Plantations,
to the Council of Trade and Plantations. Complains that the
Assembly of New York have refused to allow his Deputy there
to audit the Treasurer's accounts, with a view to keeping the
money given for the use of the Civill Government intirely in
their own power without rendering any accot. of the application
of it to H.M. etc. Set out, N.Y. Col. Docs. V. 545. Signed,
H. Walpole. Endorsed, Recd. 12th. Read 15th Aug., 1720.
6½ pp. [C.O. 5, 1052. ff. 28–31v.]
130. Order of Lords Justices in Council. Approving of
Instructions for Lt. Govr. Calvert (v. 24th June). Signed,
Edward Southwell. Endorsed, Recd. Read 11th Jan., 1720/21.
1 p. [C.O. 5, 717. No. 85.]
Note.—After the entry of a Memorandum of above document in C.O. 5, 727, p.
495, the volume concludes with the note: The subsequent papers relating to this
Province are entered in Proprieties.|
131. Order of Lords Justices in Council. Appointing Peter
Beverley to the Council of Virginia. v. 31st May. Signed,
Edward Southwell. Endorsed, Recd. Read 11th Jan. 1720/21.
1 p. [C.O. 5, 1319. No. 1].
132. H.M. Instructions (by the Lords Justices) to Francis
Lord Guilford, for and on behalf of Charles Lord Baltimore, a
minor, Proprietor and Governor of Maryland, relating to the
Acts of Trade and Navigation. [C.O. 5, 189. pp. 592–613.]