America and West Indies: March 1722

Pages 24-36

Calendar of State Papers Colonial, America and West Indies: Volume 33, 1722-1723. Originally published by His Majesty's Stationery Office, London, 1934.

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March 1722

March 2.
62. Mr. Wheelock to Attorney and Solicitor General. Asks for opinion on Revenue Acts of Jamaica in same terms as Feb. 17. q.v. [C.O. 138, 16. pp. 407, 408.]
March 2. 63. Mr. West to the Council of Trade and Plantations. Reply to enquiry of 17th Feb. as to Acts of Jamaica. I think it is most certain that one of the two Revenue Acts, 1688 or 1703 must be still in force etc. Signed, Richd. West. Endorsed, Recd. Read 2nd March, 1721/2. 4 pp. [C.O. 137, 14. ff. 108–109v., 110v.]
March 2.
South Sea
64. Mr. Wescomb, Secretary to the South Sea Company, to Mr. Popple. The South Sea Company finding by letters lately receiv'd from their Agents at Jamaica that new impositions are laid upon all negroes imported into as well as exported from that Island, which will greatly affect them in carrying on the Assiento, desire you will acquaint me whether any Instructions be given to the present Governor for restraining the passing any bills there which may prejudice the said Company etc. Signed, D. Wescomb. Endorsed, Recd. 3rd March, 1721/2. 1 p. [C.O. 137, 14. ff. 111, 112v.]
March 4.
St. James's.
65. Order of King in Council. Appointing William Cockburne to the Council of Jamaica in the room of Samuel Moore (v. 8th Feb.) Signed, Edward Southwell. Endorsed, Recd. 23rd, Read 24th April, 1722. 2 pp. [C.O. 137, 14. ff. 137, 137v, 138v.]
March 5. 66. Mr. Attorney and Mr. Solicitor General to the Council of Trade and Plantations. Reply to enquiry of 2nd March. We are of opinion yt. notwithstanding the (Revenue) Act (of Jamaica) of 1703 is but a temporary law, yet it appears by a clause subsequent to that which declares the said Act to be temporary to have been the intention of the law-makers absolutely to repeal the two former Revenue Acts of 1683 and 1688, and consequently that they will not revive upon the expiration of the Act of 1703; in case that should be doubtfull, yet we apprehend it not proper to hazard a matter of so great consequence upon a question of this kind, but it seems most advisable to procure an Act of Assembly to be passed in order to prevent difficulties wch. may otherwise arise. Signed, Rob. Raymond, P. Yorke. Endorsed, Recd. Read 7th March, 1721/2. 1 p. Enclosed,
66. i. Bryan Wheelock to Mr. Attorney and Mr. Solicitor General. Duplicate of March 2nd.
66. ii. Henry Duke of Portland to Lord Carteret. Copy of No. 44. i.
66. iii. Copy of two last clauses of an Act of Jamaica, 1703, for raising a Revenue etc. 2 pp. [C.O. 137, 14. ff. 117, 119–120, 121–122v., 124v.]
March 6. 67. Copy of Governor Sir N. Lawes Instructions, 16th Jan., 1718, relating to a duty upon negroes in Jamaica (v. 2nd March). Endorsed, Recd. (from ye Lord Carteret's Office) 6th March, 1721/2. 4 1/2 pp. [C.O. 137, 14. ff. 113–115, 116v.]
March 6.
68. Capt. Southack to Mr. Popple. Encloses following and map promised 10th Jan. The several collers of paint doth distinguish the Colonies granted by Letters Patents as I find them in books recorded etc. Signed, Cyprian Southack. Endorsed, Recd. 18th May, Read 5th July, 1722. Holograph. 1 p. Enclosed,
68. i. Same to Same. At the desire of the Governour and Council I have answered the 9th and 10th Queries, sent from your honourable Bound (Board) (ix) Feb. 4, 1720. Quebeck is small, tho' now very strong, a stone wall all round it etc. Fortifications described. As to Cape Breton Island their is three places marked out for forts, but no fort built as yet, Fort Louis Bourg, Fort St. Peters and Fort St. Anne, at Louis Bourg is 50 guns on the Bank not mounted, St. Peters 10, St. Anne 20. Situation of Cape Breton described. Recommends a survey from our frontiers to Lake Chaplain and settlement of forts along the coast of Nova Scotia, “to secure the Fishery and if like of war all hands to take Cape Breton, for it will be a dangerous place to all New England if not taken there will come from France some thowsands under the pretence to go to Messassipe will settle in Eastern parts, or why have the French built so many churches at Noragwage, Ponobscot, Passamaguby and St. John in the Bay of Fundy, which is the reason of the Bishops of Quebeck sends his letters to all the Mesenerarys for the several Nations of Indians for to insist on large boundaries from the English. Gentlemen, to gain the Indians on our side is to sell them no rum, nor to chett them in way of trade, and to lett them know if they live in our Government the English will be their master.” Report upon strength and form of government of French settlements ut supra. Concludes: This is some minutes I made on my voyage to Quebec as Commissioner concerning the boundaries of Nova Scotia in 1718 etc. Signed, Cyprian Southack. Endorsed as preceding. 6 1/4 pp. [C.O. 5, 868. ff. 224, 225v., 226, 227, 228, 229, 229v.]
March 6.
69. Mr. Popple to Daniel Wescomb. Reply to 3rd March. Encloses copies of 20th and 85th Articles of Duke of Portland's Instructions. Continues:—But finding on enquiry at the Secretary's Office, that upon the report of my Lords Commissioners of Trade, 21st Dec., 1717, relating to the duties laid on negroes in Jamaica, complained of by the South Sea Company, an additional Instruction was prepar'd and sent by one of H.M. Principal Secretaries of State to Sr. Nicholas Lawes, particularly relating to the passing of Acts for laying duties on negroes, and the said additional Instruction not having been communicated to this Office, the substance of it has not been inserted in the draught of Instructions prepar'd here for my Lord Duke, so that it may be proper for the Company to apply for having the said additional Instruction renewed. [C.O. 138, 16. pp. 409, 410.]
March 6.
70. Wm. Popple to Joseph Jenks, Richard Partridge and Jer. Dummer, Invites them to bring in writing what they may have to offer to the Board upon the disputed boundaries (v. 19th Feb.) [C.O. 5, 1293. pp. 242, 243.]
March 6. 71. Petition of John Conrad Weiser to the Council of Trade and Plantations. Prays for a testimonial to his solicitation upon behalf of the German Protestant Refugees in New York, he being about to return thither etc. Endorsed, Recd. 6th March, Read 18th May, 1722. 1 p. [C.O. 5, 1053. ff. 58, 59v.]
March 8.
72. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Enclose Office accounts from Lady day to Christmas, 1721. There was then three months salary due to the Secretary and other officers etc. Accounts annexed. [C.O. 389, 37. pp. 214–216.]
March 13.
N. England.
73. Governor Shute to the Council of Trade and Plantations. Refers to letter of 13th Dec. Continues: The inclosed letters will give plain demonstration that my suspicions (that Mons. Vaudreuil did underhand stir up the neighbouring Indians) were well grounded. I have sent your Lordships well attested copys, not daring to send the originals and run the risque of the sea etc. These letters were found in Monsr. Rale's house a French Jesuite who constantly resides among my neighbouring Indians and is useing his utmost indeavours to engage them in a war against the English. Your Lordsps. will observe that the French Government (in the inclosed letters) advise the Indians to drive the English off from their lands etc.; those lands are lands which the English have long since purchased of the Indians, and have good deeds to produce for the same: and have also erected some forts thereupon, etc. The said lands have been at several Genll. Meetings of the Indians and English confirmed to them, and once since my being Governour of these Provinces; as will appear by the inclosed Treaty of the 19th August 1717, etc. Full credence ought to be given to Monsr. Vaudreuil's letters, I being well acquainted with his hand, having received several letters from him, etc. As for Monsr. Negon the Intendant's letters from him, etc. As for Monsr. Negon the Intendant's letter I cannot speak so plumply to it, because I never had any correspondence with him, but am well informed the original is of his writing, etc. In a peice of a letter where the name and date were cutt out there is mention made of one Charlevoix who comes from the Court of France in the quality of an Inspector, to make memoirs on Acady and Messisipi and the other countrys thereabouts. The Indians have lately killed some of our cattle and threaten our Eastern Settlements, so that I am under some apprehension that a war will break out this summer etc., except some measures be taken to oblige the French Government at Canada to act strictly up to the stipulations agreed to, betwixt the Crowns of Great Brittain and France. Set out, Maine Hist. Soc. Coll. I. 37. Signed, Small. Shute. Endorsed, Recd. 15th, Read 25th May, 1722. 3 pp. Enclosed,
73. i. M. de Vaudreuil, Governor of Canada, to Father Ralé (Rallé) at Narantsoak. Quebec, 25th Sept., (N.S.) 1721. I have received, my reverend Father, your letters of 4th Aug. and 10th and 14th Sept. I am well pleased that, in concert with the Rev. Father Superior, you have found means to re-unite all the savages and to inspire them with the firmness with which they spoke to the English at their conference with them. I am also very well pleased with the message they sent to the Governor of Boston. I am persuaded that he will be embarrassed by it and will endeavour so far as possible to avoid an answer, but it is for your savages to see what they will have to do, if he does not satisfy their demands. I am of opinion if they have taken a sincere resolve not to allow the English on their land, that they ought not to hesitate to chase them out of it as soon as possible and by every means since they do not prepare to withdraw of their own accord. Your people need not fear that they will lack munitions, since I send them enough, as you can see by the enclosed memorandum, and I shall continue to furnish them with other aid as needed, having orders not to let them be in want thereof, and even to assist them if the English attack them wrongfully etc. I am charmed that Owrené has thus distinguished himself in this Conference, and that he has laboured as he has done so that the Speech of the Nation to the English was such as it was. He will receive for his son Marquess tokens of the satisfaction I feel at his services, for I am sending him everything you have asked for him. It is not the Maluines (Malaowins) who are settling the Island of St. Johns, that Island and that of Magerlaine and others in the Gulph of St. Lawrence having been granted by the King to the Comte de St. Pierre, who is making a settlement for the cod-fishery seals and sea-cows. Therefore your Abenakis cannot expect anything from that direction. I shall consult with the Rev. Father Superior after what manner I shall receive those of your village who were attached to the English and are on their way and will reach Quebec about All Saints; But you may depend upon it I shall make the deposed chief sensible (je feray sentir ou degradé) how much I disapprove of his behaviour etc. P.S. You can promise a large medal of the reigning King to him that shall be chosen Chief in place of the one deposed (au place des degradé). Signed, Vaudreuil. Same endorsement. Copy. French. 2 pp.
73. ii. Mons. Negon [elsewhere Bygon, Bagon, and Begon], Intendant of Canada, to Father Ralé. Quebec, 14th June, 1721 (N.S.). Abstract. Has written to M. Vaudreuil his views and those of Father de la Chasse as to the best course to pursue until the Conseil de Marine explain whether it is the King's intention that the French should join the Indians and support them openly against the English, or merely furnish them with provisions, as the Council has advised that M. de Vaudreuil may do in case the English make any attack upon them etc. M. de Vaudreuil has come down here with the Indians, and gone on to St. François and Besancourt to invite the Indians of those Missions to send deputies from their villages to consult what is to be done. He had a design to write to the English Governor, but since his return has changed his mind and is content to follow the principal articles of the Memorial you sent him, which are to keep themselves on their land and in the religion they have embraced, and no longer to have dissensions among themselves, but to unite to speak firmly to the English, etc. “He likewise thought it better that the Revd. Father de la Chase should accompany the Indians of St. François and Besancourt than Lieutenant de Croissil whom he brought with him with a design to send him with those Indians, because the journey of the R. F. de la Chase is of no consequence as regards the English, the Treaty of Peace not preventing one Missionary from going to see another in his Mission; Whereas if a French officer were sent they might complain that we send Frenchmen into a country which they pretend to belong to them in order to rouse the Indians to make war on them, on which we think it is convenient to await the orders of the Court, seeing you cannot abandon your Mission to come yourself to communicate your thoughts on this subject and that it is difficult to explain them amply enough by a letter and consequently to instruct us in what you may know of the rules we must limit ourselves by, we thought the journey of the Rev. Father de la Chase very convenient at this juncture, that he may thoroughly acquaint you with the methods that we think we are obliged to use towards the English etc. M. de Vaudreuil has read to your Indians and to them that accompanied them the Memorial he sends you containing his Speech, that they may no longer say that it is that of their Missionary: we believe you will find it in the sense you proposed it. I caused a blanket, a shirt, a pair of mittens, tobacco, powder and shot to be given to each of the five Indians you sent, and I believe they returned contented and with good intentions etc. Nothing is better approved of, than what you said to the Indians, upon the news of the English Governor, your great enemy being turned out; I wish his successor may prove more reasonable, and that he may let you and your Indians live in quiet: This is to be wished for till we are well instructed if it be the King's intention that we openly join with the Indians against them, if they attack them wrongfully. Because in the interim we cannot assist but by ammunition which we shall give them and they may depend that we will not let them want. In respect to Taxus, I find you had great reason to use him as you did, and you could not be less firm than you were, it being necessary to have no regard for those that appear more attached to the English than to us, etc. P.S. The Indians of St. Françis and Besancourt having asked M. de Vaudreuil that M. de Croissil [Decrouil] should go with them, to be a witness of their good disposition, he consented, and he is joined with the Rev. Father de la Chasse.” Signed, Negon. Same endorsement. Copy. French. 2 pp.
73. iii. Conference held between Governor Shute and the Eastern Indians on Arrowsmith Island, Aug. 9, 1717. Same endorsement. Printed “by B. Greene etc., and sold by Benj. Eliot, at his shop below the Townhouse.” 13 small quarto pp. [C.O. 5, 868. ff. 188–190v., 191v.–193v., 194v.–201v.]
March 13.
74. Capt. Southack to Mr. Popple. Duplicate of March 6th. Endorsed, Recd. 15th May, Read 5th July, 1722. 1 p. [C.O. 5, 868. ff. 230v., 231v.]
March 13.
75. Governor Shute to Mr. Popple. Encloses following. There has been two Sessions of the General Assembly since I wrote last to you, but not the least mention made of the choice of a new Agent etc. Signed, Samll. Shute. Endorsed, Recd. 15th, Read 25th May, 1722. 1/2 p. Enclosed,
75. i. Accounts of Samuel Penhallow, Treasurer of New Hampshire, 1719, 1720. Total, Recd. £2041 9s. 2d. Expended, £2799 14s. 9d. Examined and allowed by Committee of both Houses, 19th May, 1721. Same endorsement. Copy. 4 pp. [C.O. 5, 868. ff. 202, 203v.–206.]
March 16.
St. James's.
76. H.M. Instructions to Governor the Duke of Portland, with Instructions relating to the Acts of Trade and Navigation. [C.O. 5, 191. pp. 222–299.]
March 17.
77. Council and Assembly of South Carolina to the Council of Trade and Plantations. We cannot be insensible how much your Lordships' time is taken up in your care and concern for H.M. Plantations, and of the great trouble this Colony has given your Lordships in particular, but we hope your Lordships will consider that this H.M. frontier Colony has been attended with such unfortunate circumstances as could not well happen to the rest etc. Commend their Agent Francis Yonge, who is to wait on the Board with this letter and his Instructions etc. (v. 9th March). Conclude: We have endeavoured all we could to have sent the Journals of the Councils proceedings but the multiplicity of business and want of Clerks has render'd it impossible, but as they are now transcribing, we doubt not but to send them in a month's time with those of the two Houses of Assembly. Signed, Arthur Middleton, P. Council, Ja. Moore, Speaker. Endorsed, Recd. Read 26th June, 1722. 2 pp. [C.O. 5, 358. ff. 141, 141v., 142v.]
March 17.
78. Lt. Governor Hope to the Council of Trade and Plantations. I arrived here on 22nd Feb., next day the Council being assembled my Commission was read etc. On the 4th of March I communicated to the Council all the instructions order'd me, as likewise several others which I judge necessary for the better Government of these Islands, and for H.M. service. I cannot as yet pretend to give your Lordships any account of the present situation of these Islands. But must refer your Lordships to the dispatches of the late Governor of 7th June, 1720. Nor do I believe it is expected of me, that I can send the names of six persons qualified for supplying what vacancies may happen in the Council: I dare only affirm that those already transmitted by the late Governour, in all probability are the fittest etc.; for all the Members now at that board, are men recommended by him. They are the first Gentlemen of the Country; zealous and unanimous (so far as lyes in their power) to promote anything that can be thought of for the service of H.M. etc. I find one Robert Burton's name amongst those of the Council mentioned in my instructions, who died six years ago. Recommends in his room Andrew Auchenleck, recommended from time to time by the late Governor, a man of a good character, and of considerable interest, and the only parson here etc. I shall not fail to transmit an account of my proceedings etc. Recommends confirmation of Act to supply the deficiency of several funds, and for finishing the Governor's house and repairing the Castle and other fortifications, and for defraying the charges of these Islands, already transmitted by two different vessels etc. Without it, it will be impossible to support and defray the charges of the Government. Signed, John Hope. Endorsed, Recd. 14th May, Read 12th June, 1722. 3 pp. [C.O. 37, 10. No. 24; and (abstract) 37, 24. p. 9.]
March 17.
79. Same to Mr. Popple. Returns thanks for “the favour and friendship you was pleased to show me while I was in England” etc. Continues:—If the Act mentioned in preceding does not return here soon, there will be a sort of a stop in the funds. I must beg the favour of you Sr. to make my apology to their Lorps. for my letter's not being writ with my own hand. I assure you, it is not lazyness, but it is not in my power to writ correctly and without interlineing. I must once more beg the favour of your advice in what you think may be necessary etc. Signed and endorsed as preceding. 2 1/3 pp. [C.O. 37, 10. No. 28; and (abstract) 37, 24. p. 9.]
March 18.
New York.
80. Governor Burnet to the Council of Trade and Plantations. Asks for confirmation of commission he has granted to Capt. Holland to command an Independent Company, upon the decease of Captain Warren. Continues:—Brigadier Hunter did appoint this Gentleman to command the same company three years ago. But upon application at home, another Captain was appointed, who never came to his post, but after receiveing a year's pay sold to Captain Warren, who did not arrive till after 8 months more. This has proved so great discouragement to the old officers here, etc. that nothing will give them any releif, but the confirming this Commission, and obtaining H.M. Order that these commissions for the future may be held as valid, etc. Set out, N.Y. Col. Doc. V. p. 646. Signed, W. Burnet. Endorsed, Recd. 8th, Read 10th May, 1722. Holograph 3 pp. [C.O. 5, 1053. ff. 28–29v.]
March 19.
St. James's.
81. The King to the Governor of Jamaica. The Receiver General is to pay the debt due to James Knight, as ordered 9th Feb., 1717, with no effect. In same terms as concluding sentences of 31st Jan., q.v. Countersigned, Carteret. [C.O. 324, 34. pp. 109–111.]
March 21.
82. Governor Nicholson to the Council of Trade and Plantations. Refers to letter of 16th Feb. etc. Continues: I have been very much indisposed of late so I humbly begg leave to referr your Lordships to Mr. Yonge for the account of this H.M. Province. I am dayly in hopes to have the honour of receiving your Lordps. commands etc. Signed, Fr. Nicholson. Endorsed, Recd. Read 22nd June, 1722. 1 p. [C.O. 5, 358. ff. 139, 140v.]
March 25.
St. James's.
83. H.M. Commission to Charles Dilke to be Lt. Governor of Montserrat in the room of Thomas Talmash. Countersigned, Carteret. Endorsed, Recd. 9th, Read 13th June, 1722. 1 1/4 pp. [C.O. 152, 14. ff. 131, 131v., 132v.; and 324, 34. pp. 133, 134.]
March 25. 84. Petty Expenses of the Board of Trade, Dec. 25, 1721–March 25, 1722. v. Journal of Council. 4 pp. [C.O. 388, 78. ff. 29, 30, 35, 36, 41.]
March 26.
85. Lt. Governor Hope to the Council of Trade and Plantations. This day the Council being assembled Lt. Col. Samuel Smith was suspended (nemine contradicente) till H.M. pleasure is known. The reasons are: Upon the 19th of this month one Capt. Francis Landy was barbarously murder'd by John Lewis, son-in-law to this Lt. Coll. Smith. Next morning the Coroner summon'd a jury etc. When they were about their business, this Collo. Smith in an arbitrary and illegal manner, order'd the Coroner to turn out two of their number, and made him nominate two of his friends in their places, one of them his own relation. The Coroner who it seems did not know his duty, and the inquest being over-aw'd by the presence of so considerable a man as Collo. Smith (a Councellor, one of the Judges, and Lt. Collo. of the Militia) return'd a verdict (enclosed) wherein it was neither said whither the crime committed be murder or man-slaughter, or whither the criminal had surrender'd or fled. By the Attorney General's advice, I sent an order to the Coroner to call the same jury, and to specifie these two particulars they had been defective in: But Collo. Smith came and with the same presumptuous arbitrary behaviour, assum'd the direction of the jury: so that the second verdict (enclosed) is not according as the Law directs neither etc. This man's behaviour has been such what by artifice, as well as openly overawing of Justice, that if ever he is admitted to sit in Council again, there will be an end of the peace and good agreement these Islands are so fam'd for: nor do I know whether his or the Governours orders may be of greatest force etc. The villain who committed this murder, is the same Lewis who rob'd the Marquis de Navarres of his money, and was seiz'd by Governor Craven in South Carolina, from whence he made his escape, and upon the King's most gracious pardon to pirates, surrender'd himself here, where he has not belyed his profession ever since etc. Signed, John Hope. Endorsed, Recd. 14th May, Read 13th June, 1722. 21/2 pp. Enclosed,
85. i. (a) Coroner's inquest upon the body of Capt. Francis Landy. Pembroke Tribe, March 20, 1722. Landy died of a sword wound given him by John Lewis. Signed, Florentius Cox, Coroner and 15 jurymen.
(b) Further inquest upon same, March 23rd. Lewis absconded a very small time after he had given Landy the said mortal wound. Same signatures.
(c) Order by Governor and Council of Bermuda, 26th March, 1722. Lt. Col. Samuel Smith is suspended from sitting in Council for overawing the Coroner and jury as above. The whole endorsed as covering letter. Copy. 3 1/2 pp. [C.O. 37, 10. Nos. 29, 29, i.]: and (abstract with notes for reply) 37, 24. p. 10.]
March 26.
86. Lt. Governor Hope to Mr. Popple. Refers to suspension of Col. Smith etc. v. preceding. Continues: This sad accident has occasion'd more disorder than ever any man alive upon these Islands remembers. Col. Smith's notorious behaviour is detested by all (except his own creatures) as you may very well perceive, by the unanimity of the Council. Urges confirmation of Order of Council (Encl. i. (c) preceding); “or else wee shal certainly in a short time put you to as much trouble as the rest of the plantations do. God be thanked wee have no other restless spirits here at present, but if he is not taken down it is to be feared others will follow his example. I did not think it proper to recommend any one to supply his place till such time as I am better acquainted withe the people I have to deal with: But I must renew my suit to you of getting Mr. A. Auchenleck put into Burton's room” etc. P.S. Capt. Landie is that gallant man who took the two Spanish privateers in one day, each of them of superior force to him, and brought them into Jamaica; for which he had a reward given him by the Assembly. P.S. 29th March. This day the murderer surrender'd himself to Coll. Smith's son who has brought him to town, it was impossible for him to be any longer conceal'd for by the advice of the Councel I publish'd a proclamation offering £50 to anybody that would apprehend him and likewise have had the whole Militia in search of him ever since I understood that Coll. Smith and his friends protected him. Signed, John Hope. Endorsed, Recd. 14th May, Read 13th June, 1722. Holograph. 2 1/3 pp. [C.O. 37, 10. No. 30; and (abstract) 37, 24. p. 10.]
March 28.
87. Council of Trade and Plantations to Lord Carteret. Enclose following to be laid before H.M.
87. i. Same to the King. Representation from the Duke of Portland's Memorial relating to the expiration of several laws of Jamaica. Several laws of Jamaica, among which there was a Revenue Act were confirmed by King Charles II in 1684 for the term of 21 years only, during which time, in 1688, under the Government of Christopher late Duke of Albemarle, another Revenue Act likewise passed, supposed to have been perpetual, tho' never confirmed by the Crown. All the aforesaid laws, excepting the two Revenue Acts abovementioned, would have expired in 1703, but Her late Majesty was pleased to send Instructions to her then Governor, Mr. Handasyd, to acquaint the Assembly, that in case they would agree to pass a new Revenue Act, with a suitable provision therein for the support of H.M. Government there, that she would not only be graciously pleased to continue the above-mentioned laws for the further term of 21 years more, to commence from 1703, but that she would likewise forbear to confirm the Revenue Act passed during the Duke of Albemarle's administration, of which they seemed at that time to be apprehensive, and accordingly a new Revenue Act was prepared for the term of one and twenty years, which will expire for the year mention'd for that purpose in the Duke of Portland's Memorial, which Act received the Royal assent, and by the same the aforesaid laws of Jamaica were further confirmed, during the continuance of that Act, whereby likewise the two former Revenue Acts passed in 1683 and 1688 were repealed; and altho' some question in law might possibly arise whether upon the expiration of this temporary Act in 1724, the Revenue Acts of 1683 and 1688 might not revive, yet we intirely agree with your Majesty's Attorney and Sollicitor General, that it would be most adviseable to procure a new Act of Assembly as well for establishing a sufficient Revenue to your Majesty, as for the further confirmation of the Laws of Jamaica depending upon the foresaid Act, to prevent any difficulties that might otherwise arise upon so important a subject; But we beg leave to observe to your Majesty, upon this occasion, that by the law of 1703, the state of the case upon this expiration with respect to the Crown, is very much altered; for altho' the Laws of Jamaica which were thereby confirmed for 21 years, will certainly expire in 1724, and the renewal of them is a grace wch. the people of Jamaica cannot reasonably expect from your Majesty, without a suitable return for the same, yet your Majesty's Attorney and Sollicitor General apprehend that your Majesty's Revenue will likewise expire at the same time with the said laws, whereas before the last confirmation the Revenue of the Crown would have subsisted by vertue of one or both of the said Acts passed in 1683 and 1688, altho' the laws of Jamaica had expired at the time prefixed for their continuance by K. Charles II. However considering of what importance it is to the people of Jamaica, that the laws mentioned in the Duke of Portland's Memorial, should be further continued to them, we perswade ourselves that as well in regard to their own interest as out of duty to your Majesty, they will be induced upon the renewal thereof to grant to your Majesty a settled Revenue equal to the present expences of your Government there, And that the same may be made perpetual, or at least fixed for the term of twenty one years, as upon the last renewal. Wherefore we most humbly propose to your Majesty, that the Duke of Portland should be instructed, upon his arrival at Jamaica, to acquaint the Council and Assembly there, that your Majesty will be graciously pleased to continue their laws for a further term upon the conditions aforesaid. [C.O. 138, 16. pp. 411–415.]
March 30.
88. Mr. Burchett to Mr. Popple. H.M.S. Panther, Falmouth, Solebay being design'd convoy to Newfoundland this year, and Captn. Samuel Atkins Commandr. of the Panther being the Commodore, asks for Heads of Enquiry and Instructions for him etc. Signed, J. Burchett. Endorsed, Recd. 3rd. Read 4th April, 1722. Addressed. 1 p. [C.O. 194, 7. ff. 36, 37v.]
March 31. 89. Governor Phenney to the Council of Trade and Plantations. In February last arriv'd here a small brigantine of about 35 tons laded with several species of coarse goods, such as rugs, blanketts, coals, iron potts and other things suitable for the Continent of America and the Indian trade. The master calls himself Michael Bevan of Bristoll, but not having either register or cocquets of his lading, Mr. Fairfax the Collector seized and prosecuted the same to condemnation. The brigantine has been sold at publick vendue for 570 pieces of eight, but the greatest part of her lading being extreamly damag'd thro' an apparent negligence of the sd. master, the cargo seems too likely to be sold at a low rate etc. Will send accounts etc. Signed, G. Phenney. Endorsed, Recd. 22nd May, 1722, Read 27th Jan., 1726/7. 1 p. Enclosed,
89. i. Duplicate of Feb. 10th.
89. ii. Trial of sloop referred to in covering letter, 8th Feb. 1722. Same endorsement. 11 1/3 pp.
89. iii. Minutes of Council of the Bahama Islands, 8th March, 1722. Michael Bevan's appeal was heard and dismissed. He moved for an appeal to H.M., but never appeared to enter security for the same. Signed, W. Fairfax, Clk. Council. Same endorsement. Copy. 5 pp. [C.O. 23, 2. ff. 60–61v., 63–68v., 69v.–72, 73v.]