America and West Indies
March 1727

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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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226-240

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'America and West Indies: March 1727', Calendar of State Papers Colonial, America and West Indies, Volume 35: 1726-1727 (1936), pp. 226-240. URL: http://www.british-history.ac.uk/report.aspx?compid=72345 Date accessed: 17 April 2014. Add to my bookshelf


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Contents

March 1727

March 1.455. Mr. Fane to the Council of Trade and Plantations. Reply to 15th Feb. A copy of Lord Orkney's Instructions attested by the proper officer will suffice etc. Signed, Fran. Fane. Endorsed, Recd. 1st, Read 2nd March, 1726/7. 1 p. [C.O. 5, 1320. ff. 115, 116v.]
March 2
Whitehall.
456. Council of Trade and Plantations to Governor Burnet. Acknowledge letter of 19th Dec. Continue :—We observe that you desire us to apply to H.M. for orders to you in relation to the gold and silver mines in New Jersey, that you may encourage the undertakers to make a discovery on such terms as H.M. shall think fit to grant them ; wherefore if you will transmit to us, any proposals for working the said mines, we will lay them before the Lords of the Treasury, but till that be done, we do not think ourselves fully enabled to move H.M. upon this head. We have consider'd the two certificates from the merchants of New York, and Perth Amboy, that the credit of the paper bills is considerably advanc'd, as also what you write in relation to the encrease of their value, since the alteration you made in applying part of the interest money arising upon the loan of the £40,000 in bills of credit, made current by the act passed in 1723 ; but we cannot finde any reason for altering our former opinion with respect to the said bills ; the rise of which we are more inclin'd to think, is owing to the stop put to the further application of the sinking fund, than to any other reason whatsoever, and therefore we desire, you will be cautious how you pass any act for applying the said sinking fund, till all the bills created by the act of 1723 are sunk, and this we conceive to be the only means of keeping your paper currency in any credit. We have recommended, as you desir'd Mr. Cornelius van Horn to be a Councillor in New Jersey etc. [C.O. 5, 996. pp. 145–147.]
March 2.
Whitehall.
457. Mr. Popple to Mr. Scrope. Encloses draught of bond in £2000 for Depty. Governor Calvert, that the said security may be taken at the Treasury etc. Annexed,
457. i. Draft of bond referred to in preceding. [C.O. 5, 1293. pp. 406–415.]
March 2.
Whitehall.
458. Mr. Popple to Governor Burnet. Acknowledges letter and enclosure. Their Lordships expect the Acts for the future to be carefully abstracted in the margins. You are to require an account of fines and forfeitures from the Sheriffs etc. Hopes he will soon receive directions upon the Fort at Niagara in pursuance of the Board's letter of Jan. 11, etc. Set out, N.Y. Col. Docs. V. pp. 815, 816. [C.O. 5, 1124. pp. 404, 405.]
March 3.459. Mr. Leheup to Mr. Popple. Presses for reports on Act of New York, for the more easy partition of lands and of Virginia for laying a duty on liquors imported etc. Encloses memorial about an Act intended to be passed at New York. Signed, Peter Leheup. Endorsed, Recd. 4th, Read 10th March, 1726/7. 1 p. Enclosed,
459. i. Mr. Carter to Mr. Leheup. Rappa. Jan. 5, 1726/7. Acknowledges letters etc. Continues :—It will be very greatfull to the country to have the liquor law obtain the royal assent. It is the only expedient we have left to answer the charges of the Govermt. by. I was always doubtfull the representation about the case between Randolph and Perry (v. July 10, 12, 1726), would hardly meet with a favourable reception etc. In confidence it may be observ'd, if ye merchants can worry us out of our estates by loading us with interest upon interest we shall be in a bad condition. The best remedy will be not to get into their debts. Signed, Robert Carter. Addressed. 1½ pp. [C.O. 5, 1320. ff. 117, 118, 118v., 120v.]
March 3.
Whitehall.
460. Mr. Popple to Mr. Fane. Refers to letter of 21st June last, and requests his opinion, on Tuesday next, upon enclosed. Annexed,
460. i. Draft of Act for the better and more effectual preservation of H.M. Woods in America. [C.O. 5, 916. pp. 1–5.]
[Mar. 4.]461. Mr. Leheup to the Council of Trade and Plantations. Encloses draft of an Act of New York for amending the practice of the law and to regulate the giving of special bail etc., with request as directed, No. ii. Endorsed, Recd., Read 4th March, 1727. 1 p. Enclosed,
461. i. Draft of Act referred to in preceding. Endorsed, Sent to Mr. Fane, 10th March, Recd, back 28th Sept., 1727. 2 pp.
461. ii. Extract from letter from Adolph Philipse, Speaker of the Assembly at New York to Mr. Leheup, Dec. 4th, 1726. The Assembly desire you will apprize the Board of Trade of the reasonableness of enclosed Act and to assure them that H.M. good subjects are very desirous it should pass into a law, and to request that they will signify to the Governour that they have no objection to the Act being past whether with or without the clause made thereto by the Council. In the House it passed nemine contradicente, and the Council made no amendments but added a clause that it should not be of force untill H.M. had approved of it etc. The majority of the House being apprehensive that if this proviso was agreed to, it might be made use of as a precedent, and that in consequence every law for the benefit of the subject must have that restriction, and none pass without it but such as lay taxes and impositions upon them; whereas it is the undoubted prerogative of H.M. at any time to approve or disapprove any law made here, it was therefore agreed rather to let it lye by, than enter in a dispute with the Council about that clause, etc. For the first part of the Act, which is to prevent the removall of actions not exceeding £20 from the inferiour Courts to any higher Judicature, we have severall laws of long standing to the same purpose : but no penalty being annexed thereto, people have been arrested in the Supream Court for trivial sums, some of which have rather chose to pay the same (tho' the debt was disputable) than subject themselves to the high fees and charges of that Court: and others who came immediately to discharge the debt, found the fees and charges amounted to more than double the debt itself. This part of the law has no other view than to prevent these grievous abuses etc. The second part relating to the giving special bail in the remote counties seems to square with an Act passed in the fourth year of William and Mary etc. Copy. 2 ½ pp. [C.O. 5, 1054. ff. 148, 148v., 149v., 150, 151v.–153.]
March 4.
London.
462. Major General Hunter to Mr. Popple. Encloses following. Signed, Ro. Hunter. Endorsed, Recd. 4th, Read 7th March, 1726/7. Holograph. 1 p. Enclosed,
462. i. Queries upon former Instructions of Governors of Jamaica, (a) Instr. 15. Things having no proper relation to each other are not to be intermixed in one and the same Act etc. Quere, whether this does not justify the Assembly's refusing to make the additional subsistance for the soldiers part of a bill for establishing a perpetual Revenue ? (b) Instr. 31 limiting the making of grants to the Governor to within a year of his arrival etc. Quere, whether the Assembly may be more proper judges of their Governor's expences and merits in his second year ? Instr. 45. Quere, whether an Additional Subsistance established by temporary Acts be not an exact compliance with this Instruction, seeing the necessity is supposed not to be perpetual (but, " till the Island be better peopled "). Instr. 46. Being already complied with may be left out, Instr. 65. Quere, The Bishop of London's Ecclesiastical Jurisdiction being now established by patent. Quere, whether Governors are any longer judges of the conveniency of the execution of the powers so granted and how far they are obliged to give civil sanction to the penal mulcts or excommunications of the Commissaries impowered by him for that purpose ? Instr. 75. There being now an appearance of war, that copies of Commissions and Instructions be given me for private ships of war. Instr. 94. Quere, Captains of the King's ships having special Commissions in this matter from the Board of Admiralty, whether it may not be expedient to have it cleared up, to prevent disputes which have frequently happened. Quere, whether it may not be expedient to leave the sum granted to an Agent for negociating their affairs here to the discretion of the Assembly. 1 p. [CO. 137, 16. ff. 339,340,342v.]
March 4.
St. James's.
463. H.M. Commission appointing Alexander Cosby Lt. Governor of the Garrison of Annapolis Royal. Countersigned, Holles Newcastle. Copy. [C.O. 324, 35. pp. 316, 317.]
March 5.
St.
Christophers.
464. Governor Hart to the Council of Trade and Plantations. Refers to letter of 15th Feb. Will send duplicates of papers enclosed by the next opportunity. Continues :—Two Spanish sloops wearing Spanish colours arriv'd on Sunday the 12th of February past about ten of the clock in the morning at Lime Tree Bay in the Island of Sta. Crux within my Government, and took, plunder'd and carried away with them the several vessels hereunder mention'd (vizt.) the Alida sloop of New York, Eagle sloop of Amboy, Charles sloop of Nevis, Loyal Hart sloop of St. Christophers, Marygold sloop of Barbados, Endeavour of Antegoa, brigantine. The Mary and Rebecca of St. Christophers, a sloop of about 65 tons Michael Rann Master was taken on the high seas, and plunder'd, but afterwards made her escape. Refers to depositions enclosed. Continues :—The capture of the vessels belonging to H.M. subjects and detaining them prisoners by virtue of a Commission dated 23rd of January last given by the Governor and General of St. Domingo in the Island of Hispaniola, (v. encl. No. i), is in my humble opinion a commencing war on H.M. ; Whereas I have no signification from the Right Honourable the Secretary of State, nor your Lordships, that H.M. has been pleas'd to declare a war with the Crown of Spain, nor of that Crowns declaring the same with Great Britain : and as I am restrain'd by my Instructions from making any reprisals on the subjects of a Foreign Prince, without H.M. special licence thereto, it is a lamentable spectacle to see so many poor familys undone, without having it [in] my power to redress them. Whilst I was advising with the Council what methods to take to reclaim these vessels by my letters sent express to the Governor of St. Domingo, no war being yet proclaim'd with Spain, I receiv'd advice from Mr. Byam Lt. Governor of Antegoa, that on 10th Feb. there came from Barbuda the Master of a Spanish ship about 125 tons, and 50 men and boys, bound for the Canaries, who gave him the following account. That his ship sprang a leake, and that they were in great danger at sea, having six foot water in the hold ; and that they made for the island of Barbuda, and there run their ship on ground, and got vessels from Antegoa to unload her : and that her cargoe is put into the Custom there, which consists cheifly of coco and tobacco wth. several peices of eight from La Guiara. This ship came in company from the Havana with Admiral Castinetto, and his four men of war, and also two Admirals with him, with two frigats more, making up in all eight, who sail'd for Spain the 25th of the last month N.S. with the Flota under their care, which is said to have sixteen million of peices of eight on board them. The master of the Spanish ship abovementioned lost at Barbuda reports that soon after Admiral Hosier arrived at the Bastimentos before Porto Bello the galleons in that harbour were unloaden, and the treasure on board them was carried by land to Carthagena, and several other ports in the Spanish Dominions, and from thence convey'd in small vessels to the Havana, were they made up the above flota, with intention to sail for Cadiz in Old Spain. Sends this information by the first ship that has sailed etc. Continues :— By the advice of the Council of St. Christophers, I wrote to Governor Byam to summon the Council of Antegoa, to have their opinions whether the effects belonging to the Spanish ship lost at Barbuda might not be detain'd until, at least, the return of the vessel that I shall send express to the Governor of St. Domingo, to reclaim the vessels aforesaid etc. I shall send this express this day, in my opinion no time being to be lost, least the Spaniards shou'd have notice of a war being declared, as it is rumour'd here by a vessel touch'd from Barbados. With this express goes a Spanish Preist, who was a passenger in the Spanish ship lately lost at Barbuda, who had effects to a considerable value on board the said vessel, and has promised to use his utmost endeavours with the Governour of St. Domingo to restore the vessels, and all that belong to them etc. And in case he succeeds I have promised him, the war being not yet declared to restore him to all the Spanish effects sav'd out of the ship lost at Barbuda. Refers to his description of Sta. Crux, C. S. P. 1724, July 12th. Continues :—Since that time many of the inhabitants of the Leeward Islands, labouring men, and the poorer sort, resort thither to cut wood, but cheifly fustick and lignum vitae. The number of these wood-cutters is computed at about 150, and a good labourer will earn from 8 to 10 shillings a day. To supply these people with necessarys, and to purchase their wood, was the occasion of so many vessels being at Sta. Crux, at the time they were taken by the Spaniards. The wood-cutters abovementioned goe to that Island at their own risque, having no grants for land from me or any of my predecessors, nor regular plantations theiron. But live in hutts, and move from place to place for their conveniency of wood cutting. However your Lordships may please to make some estimate of what value that Island is to H.M. subjects at present, and how much more capable it is of being improved etc. Signed, Jo. Hart. Endorsed, Reed. 15th, Read 19th May, 1727. 5 pp. Enclosed,
464. i. Deposition of Samuel Mitchell, late Master of the sloop Loyall Hart. St. Kitts, 23rd Feb., 1727. Describes taking of sloops at Sta. Crux as above. Concludes: Next day the Mary and Rebecca came back ; having escaped in the night. Deponent heard there was a paper found on board her wrote in Spanish supposed to have been designedly put there by the Captains orders from (?—for) them to find, the English whereof I have heard is, I say John De Messa Captn. of the sloop Conception by virtue of a Commission given me by Sir Dn. Fransicco La Rocha Ferrer Governor and General of the Island of St. Domingo, dated 23rd July last that my orders John Joseph Anes with his sloop is to follow etc. Signed, Saml. Mitchell. Endorsed, Reed. 15th May, 1727. 1¼ pp.
464. ii. Deposition of Francis Hamm of St. Kitts, passenger on board the Mary and Rebecca. Confirms first part of preceding. Signed, Fran. Hamm. Dated and endorsed as preceding. 1 p.
464. iii. Deposition of Michael Rann, Master of the sloop Mary and Rebecca. As preceding. Signed, Michell Rann. Dated and endorsed as preceding. 2 ½ pp.
464. iv. Deposition of Richard Bardin, late Master of the sloop Marigold of Barbados. As No. i. 22nd Oct., 1727. Signed, R. Bardin. Endorsed as preceding. 1 ¼ pp.
464. v. Deposition of George Fraser, late Master of the sloop Eagle of Amboy. As No. i. 23rd Feb., 1727. Signed, Geo. Fraser. Same endorsement. 1 ¼ pp. [C.O. 152, 15. ff. 334–336, 337u;., 338, 339–340, 341–342, 343–344v;., 345v., 346, 347, 347u., 348v.]
March 7.465. A Draft of an Act for the better and more effectual preservation of H.M. Woods in America. Approved by Mr. Fane. Endorsed, Reed. 7th, Read 14th March, 1726/7 8½ pp. [C.O., 869. ff. 371–375, 376v]
March 7.
Whitehall.
466. Mr. Popple to Lord Archibald Hamilton. With a view to Brigr. Hunter's Instructions, enquires whether the debt due to him for subsisting the two Companies at Jamaica is discharged. [C.O 138, 17. p. 111.]
March 7.
Whitehall.
467. Mr. Popple to Mr. Carkesse. My Lords Commissioners observing ye many alterations that have become necessary to be made in the Instructions given to H.M. Governors, since those prepared for Sir N. Lawes (v. 3rd July, 1717), send you the inclosed draft in columns, prepared for Mr. Calvert, Deputy Governor of Maryland, for the opinion of the Commissioners of Customs thereupon as soon as may be etc. Pursuant to your letter of 31st July, 1717, an Article has been added to the Instructions of Governors of Plantations immediately depending on the Crown, for the exemption of Custom House Officers from serving on Juries or in the Militia (quoted). Enquires whether the Commissioners of Customs do not think it requisite and proper, that something to that effect should be given to the Deputy-Governors of the Proprietary Colonies. [C.O 324, 11. pp. 34–36.]
March 8.
Clarges
Street.
468. Lord A. Hamilton to Mr. Popple. In reply to 7th March, desires that the Instruction for the payment of the remainder of the debt due to him for subsisting the Independant Companies may be renewed. Signed, A. Hamilton. Endorsed, Reed. 8th, Read 9th March, 1726/7 Holograph. Addressed. 1 p. [C.O. 137, 16. ff. 343v.–344v.].
March 8.
Whitehall.
469. Mr. Popple to Mr. Burchett. My Lords Commissioners having under their consideration the Commission and Instructions for Governor Hunter etc., and being informed that the Captains of H.M. ships of war, stationed in the Plantations, have received Instructions from the Lords Commissioners of the Admiralty in relation to the disposal of pirates effects, as have ocasioned sevl. disputes between the said Governors and Captains, send you enclosed copy of H.M. 94th Instruction to His Governor of Jamaica, which as it is general tp all His Governors in America, you will please to lay the same before the Lords of the Admiralty, with my Lords desire, that the future Instructions given to Captains of ships of war may not interfere with H.M. Instructions to his Governors in America. [C.O. 324, 11. pp. 36, 37.]
March 9.
Whitehall.
470. Council of Trade and Plantations to the King. Recommend for confirmation Act of Antigua for dividing the parish of St. Peter, etc. [C O. 153, 14. p. 231.]
March 10
Whitehall.
471. Council of Trade and Plantations to the King. Recommend confirmation of Act of Virginia, to confirm the title of Richd. Randolph, etc. [C.O. 5, 1365. p. 310.]
March 10
N.
Providence.
472. Governor and Council of the Bahama Islands to the Council of Trade and Plantations. Acknowledge letter of 17th Nov., 1726, and return thanks for their Lordships good offices etc. Enclosed accounts show that H.M. bounty is applied as directed. Enclose account of stores of war wanting, " the Board of Ordnance not taking any cognizance of what the Governor has hitherto writt to them. We hope at this juncture your Lordships will think it absolutely necessary we should be supply'd." Signed, G. Phenney and six Councillors. Endorsed, Reed. 2nd, Read 10th Nov., 1727. 1 p. Enclosed,
472. i. Account of cash. 16th Feb., 1727. Receipts (including H.M. bounty of £183 17s. 4d.). P.s. 8. 1618— £323 12s. Id. Expenditure £302 19s. 2d. Balance in hand, £20 12s. 9d. Signed and sworn to in Council, Pr. Goudet, Treasurer. Same endorsement. 2 pp. [C.O. 23, 2. ff 103, 104 v;., 105v.–106v.]
March 10.
Whitehall.
473. Mr. Popple to Mr. Fane. Encloses, for his opinion n point of law, draught of an Act of New York to amend the practice of the law etc. v. March 4. [C.O. 5, 1124. p. 406.]
March 11.
Whitehall.
474. Same to Same. Encloses Mr. Colden's letter confining his objections to the Act of New York for the partition if lands in common etc. [C.O. 5, 1124. p. 406.]
March 14.
South Sea
House.
475. Mr. Wescomb to Mr. Popple. Requests that the Board will determine the issue raised 22nd Dec, 1724, March and Oct. 1725, as to taxation of negroes imported into Jamaica, With a view to Instructions being given to the new Governor etc. Signed, D. Wescomb. Endorsed, Reed. 14th, Read 16th March, 1726/7. Addressed. 2 ½ pp. [C.O. 137, 16. ff 345–346v.]
March 14.
Whitehall.
476. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before H.M. Annexed,
476. i. Same to the King. Enclose following.
476. ii. Draft of H.M. Commission to Robert Hunter Esq. to be Governor of Jamaica. In the usual form. [C.O. 138, 17. pp. 112–134.]
March 16.
Whitehall.
477. Mr. Popple to Mr. Scrope. to 24th Feb. My Lords Commissioners having prepared the draught of a bill for the better and more effectual preservation of H.M. woods in America, encloses copy for the opinion of the Lords Commissioners of the Treasury for their sentiments thereon, etc.; also a clause, prepared to make the said bill more effectual by obliging all the importers of masts, yards and bowsprits, to produce a certificate of their having been cut by licence from the Surveyor of H.M. woods, before the said importers can be entituled to receive any bounty for the same ; But as my Lords do not know whether the bounty upon masts, yards and bowsprits given by the Act of the 3rd and 4th of her late Majesty's reign, is to be renewed after the expiration of the said Act, My Lords are desirous of receiving the opinion of the Lords of the Treasury how far a clause to that effect may be proper to be added to the said bill etc. and whether it be necessary that some provisions be made in the said bill for a check upon the said Surveyor, in his granting licences for felling of timber in H.M. woods. [C.O. 324, 11. pp. 37, 38.]
March 16.
Whitehall.
478. Council of Trade and Plantations to Mr. Pelham, Secretary at War. Enclose following.
478. i. Same to the King. Reply to 25th Feb. The petitioners living at so great a distance, we have not been able to examine them particularly as to the facts alledg'd, but they being attested by the affidavits of sevl. Commanders of vessels trading there, and we haveing formerly had complaints of the like nature agt. Colo. Gledhill, we transmitted the same to him, with directions for him to give his answer thereto, and for the future to observe your Majesty's Instructions, whereby neither he nor any of the Garrison at Placentia, are to concern themselves in the Fishery under pain of your Majesty's highest displeasure; But as he hath neglected to give us any answer thereto, we have the more reason to think the allegations in the same petition true, and are of opinion it will be for your Majesty's service, that he should be sent for home, to answer the several complaints that have been exhibited against him. [C.O. 195, 7. pp. 147–150.]
March 17.
Barbados.
479. Governor Worsley to the Duke of Newcastle. I received not long since the honour of your Grace's letter of the 22nd June last, in relation to a grant of the Crown to Mr. Henry Morgan and his wife, of an estate in Barbadoes till a debt of £3,500 be paid to him. I shall use my utmost endeavours to support his pretentions here, according to your Grace's commands etc. Signed, Henry Worsley. Endorsed, Rd. May 23. 2 pp. [C.O. 28, 44. No. 106.]
March 17.480. Same to Same. As no ships have arrived here from London till about a fortnight ago, and as none has sailed from hence for that place till now, I could not have the honour of receiving your Grace's letter of the 10th of Nov. last sooner, nor of answering it before, which I am the more concerned at, in that it has deprived me till now of the honour and sattisfaction of acknowledging the great favours and obligations your Grace has done me in representing to H.M. me, and the affair of Mr. Sutton, in such a light, as that H.M. from His extream goodness should entertain so favourable an opinion of me etc. In pursuance of H.M. commands I have removed Mr. Sutton from the Council, and by a supersedeas have put him and Mr. Sedgwick out of the Commission of the Peace ; I have also sworn Mr. Haggat into the Council this being the first vacancy that has happened since I had the honour of receiving H.M. sign manual for the so doing. Whereas I have lately refused to admit Mr. Carter a Deputy of Mr. Cornelius Clerk of the Naval Office by patent from H.M., into the execution of that office, I think it my duty to give your Grace my reasons in order to receive H.M. commands upon it. Tho' the Governours of the Plantations are by some of the Acts of Trade lookt upon as Naval Officers, yet since H.M. has been graciously pleased to grant patents to the Clerks of the Naval Office these have ever since enjoyed the benefits of the office, and is not in the least disputed; for the present deputy to Mr. Cornelius enjoys them in as full and ample a manner as any of his predecessors : But Mr. Cornelius's deputation to Mr. Carter varies from what he gave on 6th Jan. 1723/6 to his present Deputy, in which he calls himself Clerk of the Naval or Navy Office, and in that to Mr. Carter Naval Officer, and has accordingly given him such instructions as H.M. has given to his respective Governours, but his first instruction to Mr. Carter I must in a particular manner take notice of, he therein orders him (as if he were apprehensive I should allow of him) that in case of my absence, or other obstruction in quallifying himself before me, he is to apply himself to some of the Judges of the Courts, or to two or more of H.M. Justices of the Peace, and desire them to administer to him the oaths appointed by law before he enters on the execution of his Office etc. Quotes H.M. Commission to himself to administer, and to appoint fit persons to administer the oaths appointed. Continues :—Mr. Cornelius in his letter to me says that in case of a vacancy he has sent a deputation to some proper person to be made use of occationally : This is impow'ring another to appoint a Depty. for him; Mr. Dunbar, who is Surveyor General and lives at Antegua, I suppose is the person to whom he has sent the said deputation, for when he came hither lately, (as he generally does in once or two or three years) he accompanied Mr. Carter with Mr. Cornelius's deputation and has since wrote to Mr. Secretary Webster upon that head, in which there is this paragraph (vizt.) " But I shall concern myself no more about than barely to say that I waited on him to be sworn and H. E. did not think proper to administer the oaths to him ; that Office being pretty much independant of me, had it been, I should have sworn him myself" etc. Some of the Patent Officers have in Mr. Cox's Presidentship, given powers of Attorney to persons here, to appoint deputy's to them in case of any vacancy; this is directly contrary to the 54th article of my Instructions, which grants the Governour power upon a vacancy or suspension of an officer to put in any fitt person to officiate in the interval till the place be disposed of by the Crown or further directions : of these powers of attorney I have inclosed copys of two : and as these powers of attorney clash with my Instructions, and as it seems to be contrary to law for a deputy to appoint a deputy, and as the King has granted a power to the patentees to appoint a deputy or deputy's by which, if duly observed, any inconveniency to the Patentes upon a vacancy might be obviated, I am very much surprised at this innovation etc. Asks for H.M. commands therein and refers to enclosures. Signed, Henry Worsley. Endorsed, Rd. May 23rd. 8 pp. Enclosed,
480. i. List of fines, forfeitures and escheats (£81.15) at the Grand Sessions of Barbados, 13th–16th Dec, 1726. Signed, Cha. Browne, Dep. Cl. Cor. 1 ¾ pp.
480. ii. List of causes (28) at above Sessions. Same signature. 2 pp.
480. iii. Duplicate of preceding.
480. iv. Duplicate of No. i.
480. v. Address of the Grand Jury, at above Sessions, to the King. Express loyal sentiments and thanks for a most worthy Governor. Signed, Joseph Thorne, Hugh Williams, Archd. Carmichaell, Seabury Ayshford, John Odwin, Jno. Lewis, Wm. Browne, Lewis Cutting, John Castleman, Nath. Lamplee, Phillip Hudder, Henry Williams. 1 ¾ pp. [C.O. 28, 44. Nos. 107, 107 I–v.]
March 17.
Barbados
481. Governor Worsley to the Council of Trade and Plantations. Duplicate of preceding covering letter. Signed, Henry Worsley. Endorsed, Recd. 23rd May, Read 20th June, 1727. 7 pp. Enclosed,
481. i, ii. Duplicates of Nos. i, ii, encl. preceding.
481. iii. Duplicates of encl. v–ix, xii, xiii. Aug. 22, 1726, relating to Henry Carter's deputation from John Cornelius, Naval Officer, Barbados. [C.O. 28, 18. ff. 331–335v., 336v., 337, 338v.,–343, 344v.–345v., 346v.–349, 350v.–353v., 354v–355v.]
March 17482. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before the King. Annexed,
482. i. Same to the King. Report upon petition of Royal African Co. referred 21st Feb. Have heard the Company and separate traders etc. Continue :—The two principal points in dispute between them, were the nature and condition of the trade, and the utility of the forts and settlements etc. The African Company set forth that the competition between them, the Dutch, French and Portuguese, but chiefly between them and the seperate traders of Great Britain, has raised the price of negroes on the coast of Africa to four times the value they were formerly sold at, from whence, and from the badness of their own circumstances, they infer that this trade is in the utmost danger of being lost, and consequently the Plantations of being ruined for want of necessary supplies of negroes; that they are already come to a resolution of trading no longer, and that unless some speedy releif be given them, they shall be no longer able to maintain their forts and settlements, but must be obliged to abandon them. But notwithstanding the African Company apprehend this trade to be in danger of being lost, yet it appears to us that the trade to Africa is greatly increased as well in the number of ships imploy'd therein, as in the number of negroes carried from thence to your Majty's Plantations since the expiration of the duty of 10 p.c. ad valorem for all goods and merchandize exported to Africa from England, or from your Majesty's Plantations in America, by any seperate trader, imposed by an Act, 9th and 10th K. William III, to settle the trade to Africa, which expired in 1712, and tho' the price of negroes is much greater upon the coast then formerly, which is a natural consequence, of a greater demand, yet it did appear that your Majty.'s subjects in the Plantations, have been much better supplyed, and very near as cheap as formerly. Report upon the forts and settlements in Africa. Continue :—Upon the whole, since it is evident by the experience of many years, that this trade is greatly encreased since it has been laid entirely open to all your Majty.'s subjects, we are humbly of opinion it ought always to continue free and open, etc. [CO. 389, 28. pp. 304–312.]
March 21.
South Sea
House.
483. Mr. Wescomb to Mr. Popple. In reply to 17th, asks for another date for his Directors to attend the Board etc. Signed, D. Wescomb. Endorsed, Reed. 21st, Read 22nd March, 1726/7. 1 p. [CO. 137, 16. ff. 347, 348v.]
March 21.
Exchequer
Office in the
Temple.
484. Certificate by H.M. Remembrancer's Office, that Lt. Governor Calvert has given the security required etc. Signed, James Pearse. Endorsed, Recd. 21st, Read 22nd March, 1726/7. 2/3 p. [C.O. 5, 1266. ff. 227, 228v.]
March 22.
Whitehall
485. Mr. Popple to Mr. Carkesse. Presses for reply to 7th March. [C.O. 324, 11. p. 39.]
March 22.
Whitehall
486. Council of Trade and Plantations to the King. Recommend William Dandridge for the Council of Virginia, in the room of Philip Ludwell, decd. [C.O. 5, 1365. p. 311.]
March 22.
London.
487. Governor the Earl of Orkney to the Council of Trade and Plantations. I wrote according to your desire to Coll. Spotswood that he would returne me my originall Instructions. I send your Losps. his letter, to show you, except higher powers oblidge him to it, very likely he will not returne them etc. Recommends Major John Custis to succeed Col. Ludwell in the Council of Virginia, " who is one of the best substance of any in that countrey, and resides constantly at Williamsburg, which makes it absolutely necessary, to have two of the Councell allwise upon the place, there being non that lives at Williamsburg but Mr. Blair " etc. Continues :—Collo. Jennings [who] is the eldest Councillor and now become a perfect child, incapable of any kind of bussiness, and has been for severall years etc., I think it for H.M. service that another Councellor should be named in his place. The more necessary ; since by my patent in case of the death or absence of the Lieut. Governor the Governmt. devolves upon him. And to prevent this, by advice of Councell, he was suspended by Lieut. Governour Drysdale, and likewise an order was sent from hence, to lay him aside. But if he is put again into the new Instructions, all this falls of course, and so the Governmt. falls into his hands, in case of the Lieut. Governor's death or absence. I shall not take upon me to recomend any in his place, being informed that application has been made to the Board allready, for one unknown to me. Signed, Orkney. Endorsed, Recd., Read 24th March, 1726/7. 2 1/3d. pp. Enclosed,
487. i. Col. Spotswood to Governor the Earl of Orkney. March 22. Is ready to attend the Board of Trade with his Instructions, if it is only to satisfy them with a perusal thereof; but if this is a demand for his surrendering them, he begs to be excused, until precedents be produced. Continues :—I received new Instructions signed by my Sovereign, etc. However I have been worked out of my Government, I must not suppose that Province to have been ruled without authentick powers from H.M. for five years past: so that Mr. Drysdale's Instructions are the most proper to be demanded etc. Signed, A. Spotswood. Same endorsement. Holograph. 1 p. [C.O. 5, 1320. ff. 121–123, 124v.]
March 23.
St. James's.
488. H.M. Additional Instructions to Governors relating to appeals, (v. Feb. 8th and A. P. C. III. No. 100). The Instructions for the several Governors. Set out, in the case of the Governors of New York, New Jersey and Pennsylvania, N.Y. Col. Doc. V. 816 ; N. J. Archives, 1st Ser. V. 127 ; and Penn. Archives, 1st Ser. I. 196. Signed, G. R. [C.O. 5, 193. pp. 37–39, 41–43, 45, 46, 49–51, 53–55, 57–59, 61–63, 65–67, 69, 70, 73, 74, 77, 78, 81, 82, 85, 86.]
March 24.
Whitehall.
489. Mr. Popple to Colo. Spotswood. My Lords Commissioners being informed by the Earl of Orkney that you have the original Instructions given to his Lordsp. for the Governmt. of Virginia, desire you will forthwith send them to his Lordsp. for His Majesty's service. [C.O. 5, 1365. p. 311.]
March 25.490. Petty expenses of the Board of Trade from Christmas, 1726 to Lady day, 1727. (v. Journal.) 5 pp. [C.O. 388, 79. Nos. 2–4.]
March 27.
Whitehall.
491. The Duke of Newcastle to the Council of Trade and Plantations. Encloses following Commission, " that in the preparing of Instructions for the Governors of H.M. Colonies and Plantations in America, you may insert an Article prescribing to them (as they are enjoyned by the said Commission) to support his Lordship and his Commissarys in the exercise of their jurisdiction" etc. Signed, Holles Newcastle. Endorsed, Recd. 27th, Read 28th March, 1727. 1 p. Enclosed,
491. i. H.M. Commission to the Bishop of London to exercise ecclesiastical jurisdiction in H.M. Colonies and Plantations in America etc. 9th Feb., 1727. Cf. A. P. C. III. No. 74. Latin. Copy. 9 ½ pp. [C.O. 323, 8. Nos. 68, 69 ; and (Holograph, 1 p.) 5, 4. No. 31.]
March 27.
Westminster.
492. H.M. Letters Patent appointing Alexander Henderson Attorney General of Jamaica, and revoking that of William Monk. Copy. Countersigned, Cocks. [C.O. 324, 49. ff. 46, 47.]
March 28.
St. James's.
493. Order of King in Council. Confirming Act of Antigua for selling lands of Andrew Murray etc. Signed, Edward Southwell. Endorsed, Recd. 3rd, Read 4th May, 1727. l ½ pp. [C.O. 152, 15. ff. 316, 316., 317v.]
March 28.
St. James's.
494. Order of King in Council. The Governors of Virginia and N. Carolina are to settle the boundary according to the proposal submitted, (v. C. S. P. Aug. 31, 1726 and A. P. C. III. No. 108.) Signed and endorsed as preceding. 1 p. [C.O. 5, 1320. ff. 135, 136v.]
March 28.
St. James's.
495. Order of King in Council. Approving report of Committee, 22nd Feb., concerning the settlement of a salary upon Governors of New England, and ordering a letter to be written to Mr. Shute accordingly, v. 30th March, 1726. Set out, A. P. C. III. pp. 105, 106 q.v. Signed, Edward Southwell. Endorsed, Recd. 3rd, Read 4th May, 1727. 4 ¼ pp. [C.O. 5, 869. ff. 377–379, 380v. ; and 5, 752. No. 35.]
March 29.
Whitehall.
496. Council of Trade and Plantations to the Duke of Newcastle. We have had under our consideration your Grace's letter of 13th Feb. etc. But we have since received the King's original Instructions to the Earl of Orkney from Colo. Spotswood. We propose to deliver them to Major Gooch, and we think they ought regularly to be given to every succeeding Lieut. Govr. unless any new Governor be appointed; in which case a new Commission and Instructions must be prepared. The Earl of Orkney's Commission as Governor of Virginia, having never been register'd there, his Lordsp. has promised that it shall also be delivered to the present Lt. Governor, in order to be entred in the Council books there, it being the only warrant for the President of the Council taking upon him the Governmt. in case of the death or absence of the Lieut. Governor. Autograph signatures. 2 pp. [C.O. 5, 1344. No. 3 ; and 5, 1365. pp. 312, 313.]
March 29.
Whitehall.
497. Same to the King. Col. Edmd. Jennings, late President of your Majesty's Council of Virginia, having been suspended from his said employment some time before Lt. Gov. Drysdale dyed ; it being then the unanimous opinion of the Council that he was not capable of taking upon him the administration of the Govt. in case of the death or absence of the Lt. Govr., by reason of his great age and infirmities, and it being represented to us that he is wholly incapable of any business etc., recommend appointment of John Custis in his room. [C.O. 5, 1365. pp. 313, 314.]