America and West Indies
May 1726

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Institute of Historical Research

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Cecil Headlam (editor) Arthur Percival Newton (introduction)

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1936

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64-76

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'America and West Indies: May 1726', Calendar of State Papers Colonial, America and West Indies, Volume 35: 1726-1727 (1936), pp. 64-76. URL: http://www.british-history.ac.uk/report.aspx?compid=72330 Date accessed: 31 July 2014.


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Contents

May 1726

May 3.
Treasury
Chambers.
135. Mr. Tilson to Mr. Popple. The Lords Commissioners of the Treasury approve of the Representation on the Revenue Bill of Jamaica, and the draft of the new bill etc. Signed, Chris. Tilson. Endorsed, Reed., Read 3rd May, 1726.½ p. [C.O. 137, 16. ff. 217, 218v.]
May 3.
Whitehall.
136. Council of Trade and Plantations to the King. Representation upon Act of Barbados to prevent vessels that trade here from carrying off slaves etc. The general intention of this Act (upon which we have had the opinion of Mr. Fane etc.) is to inflict exemplary punishment upon masters of ships, or any other persons, that shall clandestinely carry off from the Island of Barbados any negro, Indian or mulatto slave etc. or debtors. The punishment to be inflicted is death, and the forfeiture of ship and cargo etc. There is also a penalty of £500 laid upon any person that shall compound any matter done contrary to this Act, without proceeding in a due course of law, to bring the offender to justice; and this penalty is to be recover'd, as in the case of servants' wages, before the Justices of the Peace, and to be apply'd, one half to the informer, and the other half to the use of the fortifications. To the design of this Act etc. we have no objection; but on the contrary, we think it will be of use: But as there are some, objections to the manner of putting the same in execution, we humbly submit it to your Majesty, whether this summary method of proceeding in cases of penalties before the Justices of the Peace, ought not to be condemned, but especially in so penal a law as this is, which should go through the most strict and regular enquiry the nature of the offence can allow of etc. Another objection, which we have to this Act, is, the penalties to be imposed by it, are not apply'd according to the letter of your Majesty's Instructions to the Governor etc. they are given as above, whereas it ought to have been to your Majesty, for the use of the fortifications. Upon the whole, as there are many things in this Act very just and necessary, tho' the manner prescribed for the execution thereof requires some alterations, we would not offer the same to your Majesty to be immediately repealed, but would humbly take leave to propose, that Mr. Worseley may be instructed to pass a new Act for the same purposes, not lyable to the objections made to this, and that the Act now in question may be thereby repealed. [C.O. 29, 14. pp. 420–422.]
May 3.
Whitehall.
137. Mr. Popple to Mr. Fane. Enquires his opinion in point of law how far Governor Worsley is to be justified in detaining the persons suspected of piracy mentioned in his letter of Nov. 14. [C.O. 29, 14. p. 422.]
May 4.
Whitehall.
138. Council of Trade and Plantations to the Lords of the Committee of Privy Council. In reply to order of 23rd Feb. (A. P. C. III, p. 74), submit draft of Revenue bill for Jamaica, "wherein we have taken care, as far as in us lay, to obviate the several objections made to that formerly transmitted home " etc. Continue:—We have had a particular regard to the amendments proposed by H.M. Attorney and Sollicitor General, but we have made some alterations therein and have likewise added some amendments of our own etc. We have left the disposition of the surplus that may arise to the Governor Council and Assembly, for the maintenance of partys for suppressing of runaway negroes, and for such other publick services as shall be necessary for the Island; for altho' H.M. might in strictness justly challenge to himself the dispositions of this surplus, if any should happen to be, yet considering that even in that case H.M. wou'd certainly out of his wonted goodness graciously direct the same to be applied to some publick service of the Island, and for asmuch as by this appropriation in the Jamaica draught, this surplus is applied in that manner by H.M. Governor, his Council and the Assembly; we hope your Lordships will be of opinion with us in this particular. As to what relates to the Quantum to be provided for; we humbly conceive that the sum of £10,000 pr. annum may be sufficient for the purposes already mentioned, and likewise for the maintenance of the two Independant Companies now in Jamaica, which ought to be added to their establishment; and will augment the charge £2000 pr. annum beyond the £8000 provided for by their draught. But as to the funds whereby these additional £2000 should be raised it is impossible for us at this distance to form any judgement upon them; however we would humbly propose to your Lordships that the Duke of Portland may be directed to take care that proper funds be inserted in the bill for this purpose, and that the same may prove the more effectual, that such branches of the Revenue raised in Jamaica by annual Acts for their contingent services, as have been found by experience to answer the sums for which they were given, may be appropriated in this Act towards the raising the sum of £10,000 pr. annum for a perpetual revenue for H.M. We have thought it the more necessary that these Companys should be provided for in this manner, because it is impossible for them to subsist in that Island, where provisions are so dear, without it, tho' they do receive their ordinary pay from England: and occasions have happen'd where these Companies have been in great danger of suffering, for want of this provision, upon disputes that have arisen between Governors and the Assembly, particularly during the Lord Archibald Hamilton's administration there, and likewise at this present juncture. But on the other hand, as a time may come when H.M. may no longer think it necessary for his service, or for the security of that Island, to continue these Independant Companies there; it seems to us highly reasonable that whenever that event shall happen, the Governor, Council and Assembly of Jamaica should be at liberty to appropriate such part of H.M. Revenue as is hereby intended for the support of the said two Companies, to any other publick and necessary service of the Island; and they have many such, tho' of an uncertain nature, which they are annually obliged to make provision for; and therefore we have added a clause for that purpose, etc. Propose that H.M. pleasure be signified to the Duke of Portland that this draught etc. be forthwith recommended to the Council and Assembly, as the terms which H.M. expects from them in return to his gracious condescension in the confirmation of their laws, and in departing from his patrimonial Revenue in the said Island for their welfare and defence. Annexed,
138. i. Proposed draught of Act of Jamaica for granting a Revenue to H.M., his heirs and successors, for the support of the Government of this Island, and perpetuating the Acts and Laws thereof, as they now stand and are used. With notes of alterations and omissions.
138. ii. An estimate of the present branches of H.M. Revenue, and of expences chargeable on it (£10,000 etc.). [C.O. 138, 17. pp. 60–99.]
May 5.
London.
139. Governor the Earl of Orkney to the Duke of Newcastle. Yr. Grace will pardon the liberty I tack to apply to you this way, since I have been long confined to my house by a violent sciatique; the favoure I have to aske is a licence of leave for the Lt. Governour of Virginia to come to the Bath in England, which is phesetians all agree is absolutely necessary etc. It was your very good freend Sr. Robert Walpoole that recommended him to me and his behaviour in that Colloney has been very satisfactory to every body, soe that it would be a generall loss to loose soe worthy a man etc. Refers to the bearer, Mr. Leheup, for the form required. Signed, Orkney. Holograph. 1 p. [C.O. 5, 1344. No. 2.]
May 5.
St. James's.
140. H.M. Warrant for affixing the Great Seal to a Commission to Mathew Kent, Commander of the Bristow frigate, for seizing pirates in the Spanish West Indies etc. Countersigned, Holles Newcastle. [C.O. 324, 35. pp. 177, 178.]
May 10.
St. James's.
141. Order of King in Council. Approving Representation of 21st April, and appointing Edward Mann to the Council of St. Christophers. Signed, Robert Hales. Endorsed, Recd. 25th May, Read 7th June, 1726. 1 p. [C.O. 152, 15. ff. 258, 259v.]
May 11.
Whitehall.
142. Council of Trade and Plantations to the King. Propose repeal of Act of Pennsylvania for directing the process of summons against freeholders etc. "The intent of this Act is to exempt all freeholders to the value of 50 acres of land in that Province, from arrest; but as they may contract debts to a much greater value, and may have considerable personal estates with which they may run away, we are of opinion that this is an unreasonable privilege " etc. [CO. 5, 1293. p. 399.]
May 11.
Whitehall.
143. Mr. Popple to Lt. Governor Gordon. My Lords Commrs. have lately had under their consideration four Acts passed in Pennsylvania, 1723, for giving a currency to paper money (enumerated). Their Lordps. have found by experience, that bills of credit have been of very ill consequence in other places where they have been issued, particularly in Carolina, where not only the Province, but the merchants have sustain'd great losses thereby. For this reason, if it were not out of tenderness to those persons into whose hands the bills issued in Pennsylvania, may have pass'd, their Lordps. would lay the aforemention'd Acts before H.M., to be repealed; and if any further Acts are pass'd for creating more bills of credit than those already issued ; their Lordps. will certainly think themselves oblig'd to lay them before H.M. for his disallowance. However, for the present their Lordps. command me to acquaint you, that they think it highly necessary for H.M. service and for the good of the Province under your Govt., that all possible care should be taken for the effectual sinking these bills, and that the funds given for that purpose be duly applied. I am further directed to observe to you, that the laws referr'd to in these Acts for Paper Currency, have never yet been transmitted to this Office; and to desire that you will transmit the said Acts, and all such Acts for the future, as shall be pass'd in Pennsylvania. [C.O. 5, 1293. pp. 399–401.]
May 11.
Whitehall.
144. Council of Trade and Plantations to the Duke of Newcastle. Enclose following. Conclude:—As this is a matter wherein the Court of Portugal is concern'd, we submit to your Grace whether it may not be proper the same should be communicated to the Portuguese Envoy here. Autograph signatures. 1¾ pp. Enclosed,
144. i–iii. Copies of letter and enclosures Nos. i, ii, from Governor Worsley, 14th Nov., 1725. [C.O. 28, 39. Nos. 35, 35. i–iii; and (without enclosures) 29, 14. p. 423.]
May 12.
St. James's.
145. H.M. Warrant appointing Edward Mann, H.M. Receiver in St. Kitts, to the Council thereof, in the room of Stephen Duport, deed. Countersigned, Holles Newcastle. [C.O. 324, 35. p. 179.]
May 16.146. Wavell Smith to the Council of Trade and Plantations. Encloses affidavit by his brother, Deputy Secretary, Antigua, that the Minutes of Council of that Island, have been regularly deliver'd to Governor Hart. One of Governor Hart's Council having ventur'd to tell your Lordships that in case I succeeded (v. supra), my office would be worth £4000, etc. I give your Lordships the true value of the Secretary's Office. Mr. Hedges never made £400 pr. arm.; Mr. Knight let Antigua to Mr. Fleming at £200 pr. ann., St. Chris, to Mr. Bellagnier for £126, Nevis to Mr. Billingsley, £60; Montserrat to Mr. Lee for £30. I have let St. Christophers to Mr. Bellagnier for £200; Nevis to Mr. Paris for £80, Montserrat to Mr. Lee for £30. Antigua I have executed myself etc. This year the Island is burnt up and in a wretched condition and my Office will not produce £100 over and above the charge of its execution etc. As to Nevis, my attorneys have been forced since January to abate my deputy £30 per ann. Register in Admiralty no man for all the Islands would give £100 pr. ann. Signed, Wavll. Smith. Endorsed, Recd., Read 17th May, 1726. 2¾ pp. [C.O. 152, 15. ff. 250–251v.]
May 17.
St. James's.
147. H.M. Warrant granting to Lt. Governor Drysdale licence of absence for one year. Countersigned, Holles Newcastle. [CO. 324, 35. p. 180.]
May 17.
St. James's.
148. H.M. Warrant granting Ralph Gulston, of London, merchant, license to fell trees in New England, in pursuance of a contract with the Navy Board for supplying six ship-loads of masts in 1728, 1729, 1730, 1731. The Lt. Governor is to aid and assist him etc. Directed to Charles Burniston, Surveyor General of H.M. Woods in America. Countersigned, Holles Newcastle. Annexed,
148. i. R. Gulston's contract referred to in preceding. Copy. [C.O. 324, 35. pp. 181–194.]
May 19.
Whitehall.
149. Mr. Popple to Mr. Carkesse. Presses for reply to 9th March. [C.O. 29, 14. p. 423.]
May 19.
Whitehall.
150. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before H.M. Annexed,
150. i. Same to the King. Reply to 19th Feb., 1725, upon petition of Wavel Smith and Savil Cust etc. Continue: The offices claimed by petitioners are Secretary to the Leeward Islands, Clerk of the Crown, Clerk of the Courts, Register in Chancery, Register of the Admiralty, Clerk of the Ordinary, and Clerk of the Council. Of these offices, Secretary and Clerk of the Crown only are mention'd in your Majesty's Patent, but by vertue of the general words, vizt., "together with all fees, profits, rights etc. thereunto belonging, in as full and ample manner as any person hath enjoyed the same etc.,". petitioners do claim the other offices, tho' not particularly named as branches of the Secretaries office, and altho' they seem to be distinct, yet it appear'd to us that the several offices in question have for the most part been enjoy'd by the persons who acted by virtue of your Majesty's patent as Secretaries to the Leeward Islands. On the other hand, it did appear to us, that in some few instances the said offices have been exercis'd by persons by virtue of Commissions from the Governors, more particularly that of Register of the Admiralty at Antego and at St. Christophers, and likewise the offices of Register in Chancery and Clerk to the Ordinary in St. Christophers; and the Council for the Governor did insist, that the right of nomination to the office of Register to the Court of Admiralty did belong to the Governor, by virtue of his commission from the Lords of the Admiralty, as Vice-Admiral. They likewise objected, that as the petitioners were by the patent appointed Secretary and Clerk of the Crown only, no general words would in law convey any other places to them, and that therefore the Governor might dispose of any places not particularly mention'd in the patent. We do not take upon us to determine how far, in strictness of law, this claim might be justified, but as the several offices in dispute have been for the most part held and enjoy'd as branches of the Secretary's office, and as the petitioners are in possession by virtue of Commissions from the Governor of the several branches in dispute, we are humbly of opinion that the petitioners may be continued in possession of the offices they claim, until it shall be otherwise determin'd by due courses of law. [CO. 153, 14. pp. 211–214.]
May 20.
St. Chris-
topher's.
151. Governor Hart to the Council of Trade and Plantations. Encloses Journals of Councils and Assemblies of the respective Islands, and also of several laws, "most of which are duplicates, not having the honour to receive any advice of their having come to your hands"etc. Continues:—It wou'd be of very great use, and a particular satisfaction, that upon the receipt of all letters, you wou'd be pleased to lay your commands, that I may have notice of such receipt as soon as may be. I have had but too much reason to complain frequently to your Lordships of the detention of my letters, having been taken up by designing people, and some of them not deliver'd, till they had gain'd their own bad ends in it. But have never been able to make a discovery of this wicked practice, till lately the Master of a ship (Capt. Crumpton) brought me three letters from London, and whilst he was conversing with the Collector of the Customs here, one De Jean (whose name and person was utterly unknown to me) took up my letters so directed; But upon a diligent enquiry I found out the man, who wou'd not own that he had taken up above two letters, the third, which was lost, I presume was from your Lordships, for which I have order'd him to be prosecuted. I take the liberty of giving your Lordships this instance of the misfortune I have lain under, with regard either to the commands I might have receiv'd from your Lordships, or of the advices I am in duty bound to communicate to your Lordships' board, from this vile practice of taking up letters. Nor do I know what remedy to apply for the cure. It is for this reason that I have for some time waited an opportunity of transmitting the papers above mentioned by a safe hand, as I now do by one Mr. Boitoux an Officer in Col. Lucas's Regiment here. The Act of Antegoa, for explaining an Act for the better government of slaves etc., is only to acertain the price of slaves that shall be condemn'd, at £35 for a man, and £30 for a woman slave, there having been a very ill use made of the liberty given to the appraisers in the former Act. The Act to invest certain lands in Antegoa in H.M. etc. gives 20 acres of land for the use of his ships of war that shall be in the said harbour; a draft of which I inclose etc. Besides the many conveniences (mentioned in the enacting part of the said law to H.M. ships of war and protection to the trade) the harbour is so good and easily fortified, that it is impossible any damage can happen by the hurricane to ships that ride therein; the way of securing them is two anchors a head, and two cables a stern past to the trees on shore, the place being land lockt, and the waters never disturb'd. Further, it will save H.M. a vast expence, for formerly the ships of war at Barbadoes and the Leeward Islands careen'd either at New York, or New England; which has been of fatal consequence in the late war with France, and the trade, nay even the Islands themselves, left naked and destitute of their best defence etc. If it was not so apparently for H.M. service, I am not forward in recommending Acts for the Royal assent; for reasons I have already communicated etc. The Act for dividing the parish of St. Peter in Antegoa and erecting a new parish, to be called St. George's etc. The parish was laid out in the beginning of the settlement of that Island, and contain'd very near one half of it, that part thereof now erected into the parish of St. George, has a very fair Church built upon it by the inhabitants, and the incumbent being fully provided for in that parish still retaining the name of St. Peter; and having signified his consent to the bill; I pass this Act to the satisfaction of all parties. The Act of Nevis for raising a poll-tax on negroes and other slaves etc., is the only poll-tax they have rais'd in three years. The Act of Nevis for raising an impost on strong liquors imported is only the revival of a former Act which had been expir'd some years. The Act of St. Christophers for erecting into a parish part of Cabesterre Quarter, by the name of Saint Cabesterre, and for enlarging the two parishes of Saint Ann Sandy Point, and St. John Cabesterre. This parish lying in that part formerly belonging to the French, was subject to many inconveniencies, and particularly for an allowance to a clergyman, which by this Act is provided for, and put upon a footing with all the other parish's etc. The title of the Act of St. Christophers for building a court-house, or publick hall, Secretary's and other offices at the town of Old Road, and to oblige the Secretary and other Officers to keep their offices in the said town, is so full that I need not trouble your Lordships with any further explanation. The Act of St. Christophers to limit the time of an Act to regulate the Militia. In the passing the Militia Act formerly sent your Lordships, there was a clause omitted in the said Act; tho' consented to by both the Council and Assembly, limitting that Act for five years, by which omission the Act was perpetual, and there being many inconveniencies in the aforesaid Militia Act (which will be supplyed by another) I consented to this limitation agreable to the intention, and inclination of the Council and Assembly. The Act of St. Christophers to repeal the Act for raising gunpowder and small arms upon the tonnage of vessels trading to the island, so far as the said Act relates to vessels trading from the Brittish Islands lying to the leeward of this Island etc. The payment of which powder duty and small arms, has prevented the inhabitants of Tortola, Anguilla, Spanish Town and the lesser islands of this Government, from trading to this island for live-stock and provissions, which before the passing that law they brought here in great quantities, and which are now very much wanted. The Act of Mountserrat to prevent the frequenting of taverns, alehouses and other tipling houses by seamen: and for the preventing selling of rum, rum punch or other strong liquors to negroes on Sundays. An Act of Mountserrat for holding a Court of Sessions, being as near to the laws and customs of England as possible: I presume I need not say more upon it. My Lords, I have lately receiv'd a mandamus from H.M., commanding me to swear into the Council of St. Christophers William Pym Burt Esqr. In obedience to which I have order'd him to be summon'd to the next Council. At the same time I am to acquaint your Lordships that he is also of the Council of Nevis, having been formerly recommended there by me, on the character Lt. General Mathew gave me of him, (whose brother in law he is) tho' I have had some reason to alter my opinion of Mr. Burt, he being a person not qualified according to my Instructions—that is—he is far from being a person of good estate, being incumber'd more than it's worth. Besides, he is a person of very low understanding, and not to be depended upon for his advice in the Council. I beg leave to observe to your Lordships that as the Governours of the Plantations are impower'd by their Instructions to recommend persons to sett in the Council as best knowing those that are qualified to serve there (tho' far be it from me to dispute H.M. commands whenever He is graciously pleas'd to signifie the contrary) yet I cannot help observing from near twelve years experience I have had the honour to serve as Governour in the Plantations, that no man ever attempted to obtain a place in the Council in any of the Colonies without their knowledge and against the consent of the Governours, but the unworthy and the factious. Of the last I am sorry to say this Gentleman gave a remarkable instance at the last election of the Assembly of this Island, into which he endeavour'd to be elected, and by his declarations, with veiws to disturb the peace and tranquillity of this Government. But the inhabitants had such a detestation of the practices then on foot, for that end laid him asside, and all his accomplices, and chose a very good Assembly. As for Mr. Burt, I wou'd so far excuse him to your Lordships, being a poor innocent, who has just sense enough to be subservient to men of deeper and darker purposes; and when he cou'd not serve their ends in the Assembly, he is clandestinely recommended to be of the Council. But whether your Lordships will think proper to represent this matter to H.M., or how it can be expected that a Governour shou'd have any aid or assistance from the advice of such Councillors, so recommended, is humbly submitted to your Lordships' consideration. As there is one place in the Council of St. Christophers yet vacant, I humbly beg leave to recommend a person who will be of great use and reputation there; by his knowledge of the laws (a thing much wanting in all the Councils of this Government) by his prudence and sagacity, and by his being master of a plentiful and growing fortune, I mean H.M. Sollicitor General, John Spooner Esq., etc. My Lords, I intended myself the honour of representing to your Lordships many other matters relating to this Government; but as I am inform'd by my friends in England, H.M. has been graciously pleas'd, on my earnest prayer and sollicitation, to grant me his royal licence to returne to Great Britain for the recovery of my health; having been at least three years sick of the time I have resided in the West Indies; and as I am in dayly expectation of that licence, I shall then have the honour of presenting myself and a state of this Government to your Lordships. Which last in my humble opinion wants great reformation; and I am very feelingly sensible of the advantages, and disadvantages of a personal representation. In the mean time I cannot help representing to your Lordships the unhappy situation of the Governours of the Plantations from the unjust clamours of two or three factious, and perhaps unworthy men, whose calumnies put these Governours to vast expence, and great trouble in defending their characters, as is particularly now my case; For those Articles which were exhibited against me last year, at the instigation of Mr. Wavel Smith etc., signed by a few persons, very little acquainted with the Leeward Islands, and the Order of Council to me to answer these complaints, have been transmitted more than seven months past (as I am credibly inform'd) to their correspondents in Antegoa. Yett they have not thought fit to serve me with that Order. They well knowing how easy it is for me to answer and acquitt my self of that charge; and perhaps are apprehensive of having a darker scene unveil'd, than they are willing to have expos'd: which it is probable is the reason that ever since the copys of these Articles have been handed about (which all persons disown here) I have met with the greatest tranquillity, and an abundance of outward shew of respect from those persons who formerly were most forward to insult me. So that tho' they have gain'd there ends in disappointing me of the support recommended by H.M., yet I am so far happy, as to be able to discharge my duty with ease, and without any ill bred interruption; and if I can make any judgment from their words and outward appearance, they seem to shew some sorrow and confusion for their former treatment. On my part I beg leave to assure your Lordships, that I make all possible advances to bring them into a right sense of their duty to H.M.; and to cultivate any good inclinations in them to that end. I intend in a few days to return to Antegoa, to hold the Chancery Court, and discharge the other offices of my Government. That Island is in a most deplorable condition from the dry weather, which has continued for eight months past; there having been no rain fallen there, till within this three days. So that they have not only lost their crop for this year and the next; but have been obliged to bring all their water, from Guardeloupe and Mountserrat; which was sold at 15s. a hogshead, which has occasioned the loss of many of their cattle and negroes. Nevis is in the same condition as to their crops. But St. Christophers and Mountserrat have had better fortune as to weather. Yet upon the least computation that I can make I do not find there will be more than one third part of the sugar made this year, in proportion to the last: which will be a very great loss to the Revenue; and many of the middling and poorer planters will be utterly undone. For they are not only disappointed of their crops for two years, but are obliged to buy provisions for themselves and negroes, upon credit from the merchants. Signed, Jo. Hart. Endorsed, Reed. 5th, Read 6th July, 1726. 14 pp. [C.O. 152, 15. ff. (including abstract) 260–268v., 269v.]
May 20.152. Petition of the Merchants of London and others trading to and interested in the British Colonies in America. It has been a general practice, with the subjects of his Catholic Majesty in the West Indies, for several years past to fit out vessels in a warlike manner, on pretence of gaurding their coasts from unlawful traders: but, in reality under colour of such commissions have committed many depradations, and other acts of hostility, on your Majesty's subjects, on the high seas, and even on the coasts of Jamaica; where they have landed in the remote parts, plundered the inhabitants, and at times carried away above 300 negroes. It is notorious those guarda de la costa's, as they are called, never met with an English vessel, and could overcome, which they did not take, destroy or plunder, and to intimidate them, have frequently hoisted and fought under pirate's colours. Many of your Majestie's subjects have been killed and wounded in defence of their vessels and goods, and several in cool blood: and that the damages sustained in this unlawful manner since the Peace of Utrecht have amounted to above £300,000. Notwithstanding applications have been made from time to time to the Spanish Governours, and other Officers in America not only by the unhappy sufferers, but also by the Governours of your Majestie's Colonies; yet they have not been attended with any manner of satisfaction or redress; the dilatory, unfair and expensive proceedings in their Courts of Judicature rendring all attempts of that kind exceeding difficult, and even impracticable, insomuch that several have quitted their claims, rather than to follow them from Court to Court, and at length be obliged to leave their affairs in America, and go to Madrid and sollicit justice at the expence of their time and money, and loss of their business, which might end in their ruin. In regard to the difficulty, and even the impossibility of obtaining redress, since we have fully experienced, the unreasonable delays and evasive answers of the Spanish Governours and other Officers in America, and that your Majestie's subjects never obtained any manner of satisfaction by their application to them, nor even at the Court of Madrid, we humbly hope your Majesty will be pleased to grant letters of reprisal to such of your subjects as have been injured (in like manner as the French and other Nations do) on due proof of the illegal captures and other depredations, pursuant to the intent and meaning of the 14th Article of the Treaty with Spain in 1670: or to take such other measures for the preservation of the Trade in those parts, as your Majesty in your great wisdom shall think convenient and proper. 94 signatures. Endorsed, Presented 20th May, 1726. 1 large p. Parchment. [C.O. 5, 4. No. 27; and (duplicate without signatures dated 1718 (?1728) ) 28.]
May 20.153. Mr. Townshend to [? Mr. Delafaye]. Encloses copy of "a paper I deliver'd to my Lord Duke at the desire of Mr. Curzon" etc. Requests dispatch. Signed, T. Townshend. Endorsed, R. 19th. 1p. Enclosed,
153. i. [? Mr. Curzon] to [? the Duke of Newcastle] London, May, 1726. Requests that assistance be given to John Shipman in his attempt to recover debt from Charles Chaplin of Port Royal etc. Copy. 1 p. [C.O. 5, 931. Nos. 15, 15.i.]
May 21.
Whitehall.
154. Duke of Newcastle to Governor the Duke of Portland. Recommends to his favour and protection, so far as may be agreable to law and justice, the case of Mr. Shipman, who has some affairs depending with Mr. Charles Chaplin, his brotherin-law, and for whom Richard Rigby and Edward Pratter are acting etc. Signed, Holies Newcastle. [C.O. 324, 35. p. 195.]
May 28.155. Address of the Visitors and Governours of the College of William and Mary in Virginia to the King. Describe foundation and building of the College. Continue:—By the deficiency of the funds, and the extraordinary charge the trustees have been at, not only in the first building of the College, but in rebuilding it after it was unfortunately consumed by fire, this good work hath been so much obstructed, that with their utmost care and diligence in managing the revenues, they have not been able hitherto to maintain their full number of Masters according to the direction and intention of the royal Founders etc. Pray for H.M. bounty to enable them so to do etc. Signed, Hugh Drysdale, James Blair, Rector, Robert Carter, Phill. Ludwell, Nathll. Harrison, Cole Digges, Peter Beverley, Joh. Robinson, John Grymes, Emmanuel Jones, John Skaife, William Randolph, Wm. Cole, John Randolph, Wil. Robertson. Endorsed, Rd. Mar. 21st, 172£. Seal of College. 1 large p. [CO. 5, 1337. No. 34.]
May[ ].
St. James's.
156. H.M. Licence to Ralph Gulston to cut trees in New England in pursuance of a contract for six shiploads of masts, yards and bowsprits for the Navy to be delivered in 1728–1731. Unsigned. 3 pp. [C.O. 5, 752. No. 33.]