America and West Indies
August 1727, 1-15


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Cecil Headlam (editor) Arthur Percival Newton (introduction)

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'America and West Indies: August 1727, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 35: 1726-1727 (1936), pp. 323-336. URL: Date accessed: 27 November 2014.


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August 1727, 1–15

Aug. 1.
653. James Buchanan to Michael Shaw, at the Croun Coffee house, behind the Exchange. Memorial of loss and damage (£46 11s. 5d.) suffered by John Luke & Co., Glasgow, for loss of goods shipped on their account on board the Anne captured by six Spanish men of war off the Scilly Islands, April, 1727. Signed, James Buchanan. Addressed. ½ p. [C.O. 388, 27. No. 79.]
Aug. 1.654. Extract of letter from the Duke of Newcastle to Mr. Walpole. You will see in one of our newspapers, that there is an account of some of our ships that have been taken by the French in or near Sta. Lucia; This has encouraged the Duke of Montagu to renew his application to H.M. for settling his affair, and the King would be very glad if your Excy., pursuant to what I have formerly written to you upon this matter, could come to any agreement with the French upon it, that might be of service to the Kingdom in general, and be of advantage to the Duke of Montagu in particular. Copy. ¾ p. [C.O. 253, 1. No. 34.]
Aug. 4.
655. Governor Worsley to the Duke of Newcastle. That the Assembly for this year might have a sufficient time to pass an Excise bill before the last, should expire, I dissolved the last Assembly the 26th of June last, and by the advice and consent of H.M. Council called a new one to meet the 18th of July, when they met and chose Col. Peers, son in law to the late President Cox, to be their Speaker. The last Assembly upon their first meeting were very pressing for a self denying bill, by which they would incapacitate all officers civil and millitary even justices of the Peace from being chosen Assemblymen, which not passing, they did not make a House from 22nd Nov., 1726 till 16th May, finding the disposition of the last Assembly I thought it proper at the openning of the present (in my Speech, of which I send a copy etc.) to remind them of H.M. Prerogative, and by their proceedings the first and second days of their meeting, whereof I have likewise sent a copy, your Grace will judge of their inclinations; on their first days meeting, they added a new rule, "That the names of the Members voting for or against any motion, bill, or other proceeding of the House, be incerted by the Clerk in the Minutes of the House," as if they designed to glory in what they proposed to undertake ; In the second days Minutes your Grace will see that as their Speaker was taken very ill and could not attend the service of the House, they chose Mr. Sutton their Speaker pro tempore, upon which a motion was made, that as Mr. Sutton had lately fallen under H.M. displeasure, the House would consider, whether he was a proper person to be Speaker of that House, or not, when to avoid putting that question, a motion was made, that a previous question might be put, whether it did. appear to that House that Mr. Sutton was fallen under H.M. displeasure so as to be disqualified from being Speaker, or not, and it was carried he was not. Then a motion was made that two Members might be sent to me to acquaint me, that the House had chosen Mr. Sutton their Speaker pro tempore, and to desire to know whether I did approve etc. It was carried that it was unnecessary and impresidential. As by such a proceeding I conceive they had assumed to themselves a power, that could not belong to them, I therefore thought it convenient to send them the following massage, which I did by the Deputy Provost Marshall the first day of August, to which time I had adjourned them before I had seen their aforesaid Minutes, "Gentlemen, His Excellency having observed by the Minutes of the Assembly, that on a motion made that two Members may be sent to H.E., to acquaint him, that the House had chosen the Honble. Edmund Sutton Esqr. their Speaker pro tempore, the said motion was rejected, as unnecessary; commands me to acquaint you that you have thereby unlawfully assumed to yourselves a power, that does not belong to you, and in an unwarrantable manner encroached on H.M. undoubted Prerogative, which H.E. conceives is of a very high, and dangerous consequence with regard to H.M. service, and the good Government of this Island, insomuch that H.E. could not suffer so extraordinary a procedure to pass, without shewing his displeasure thereat, but thought it absolutely necessary for both those ends to signify such his displeasure. H.E. hopes that as this conduct might possibly proceed from inadvertency only, the House will apprehend it to be their duty forthwith to retract their vote and to forbear proceeding on any other business till they have made choice of a Speaker, that shall be approved of by H.E. And it is H.E.'s further pleasure, that on your having made choice of a Speaker pro tempore, you do adjourn to this day sev'night in order to present him to H.E. for his approbation." As to what relates to me which your Grace will see in the petition the Assembly makes to H.M. etc., I can say I have reason to be very proud that an Assembly so disposed, have objected nothing to me, but that I had too great an allowance settled upon me etc. As to the matters of fact alledged in the petition, wherein they mention droughts, blasts, and heavy load of debts the publick labours under, it would have been a specious argument against my settlement upon my first arrival, but the country has been in a flourishing condition ever since. I have been told that for two years before my arrival here, there was hardly any crop made, and the publick was then greatly in debt and indeed in the utmost confusion for by an estimate I then ordered to be laid before me by the Committee of publick accounts (enclosed), the debts of the publick amounted to £30,935 8s. 10 ½ d., and it is computed that by October next, when the taxes will be all gathered in, there will not be above £10,000 due from the publick. I must further observe to your Grace two motions in the 2d day's Minutes of the Assembly, that the aforemention'd petition to H.M. is to be forthwith transmitted to Great Britain by the Honble. Henry Peers Esqr., Speaker, if his health will permit him so to do, but if his illness hinder him, then it is to be transmitted thither by Thos. Spencer, James Bruce and John Bignall Esqrs., and in the other motion, the expence and charge of presenting and solliciting upon the sd. petition should be borne and defrayed by the publick, both which motions were approved of, which they say is to be incerted in the Excise Bill, whence they will assume to themselves not only the power of raising money, and appointing the uses of it, but may create as many offices, and officers as they shall think fit in their Excise Bill, and if the Governor and Council should not give their consent to it, the only money bill for the support of the Government must be lost; They talk also of passing a self-denying bill, and of tacking that to their Excise bill; In one word I may justly say upon these considerations, that this part of the world is infected with the maxims of the Representatives in New England, they put themselves here upon the very same foot with the Parliament in Great Britain, and if I mistake not H.M. Commission, and Instructions to me, are the foundation of this Government, in which H.M. has been most graciously pleased to command me to let them enjoy the priveledges wch. the English have by the Magna Charta and the Habeas Corpus Acts, which commands of H.M. would be unnecessary, if they had other ways a right to them; nor do I find any power there is of holding Assemblys in this Island, but by H.M. Commission, nor do I conceive any right they have of forming any rules to themselves, that can in the least tend to an encroachment upon H.M. prerogative, which the Crown has always asserted in Great Britain. I am sure the proceedings of these people here, if some stop be not put to them, must in time weaken their dependance on the Crown of Great Britain. They have introduced a custom in the Assembly of choosing a Speaker every three months, as well as pro tempore, in case of a Speaker's illness, and as the person so chosen has always been the same that was first chosen Speaker, and approved of by the Governour at their first meeting, the Governours have not insisted on their being presented to them for their approbation, they alledge two instances, one in Mr. Lowther's Government and the other in Mr. Cox's, when the Speaker was chosen pro tempore, and not presented to either Mr. Lowther, or Mr. Cox for their approbation, but then I am very well informed that both Mr. Lowther, and Mr. Cox recommended them, and they were chosen unanimously, but I cannot see how they can infer from thence, that the Governour's approbation is unnecessary. Signed, Henry Worsley. Endorsed, Rd. Sept. 28th. 10 pp. Enclosed,
655. i. An estimate of the public account current. Feb. 1722(3). v. covering letter. 2 pp.
655. ii. List of (25) causes at the Grand Sessions of Barbados, 13th–15th June, 1727. Signed, Cha. Browne. Dep. Cl. Cost, ¾ p.
655. iii. Duplicate of preceding. [C.O. 28, 44. Nos. III, 111. i–iii.]
Aug. 4.
656. Governor Worsley to the Council of Trade and Plantations. Duplicate of preceding covering letter. Signed, Henry Worsley. Endorsed, Recd. 2nd, Read 20th Oct., 1727. 10 pp. Enclosed,
656. i. Speech of Governor Worsley to the Assembly. Recommends to them the passing of Excise bill, bill to prevent carrying off negroes, and bill embodying parts of the statute of frauds and perjuries etc. Copy. 3 ½ pp.
656. ii. Duplicate of No. 655 i. [C.O. 28, 19. ff. 5–12v., 13v.–14v.]
Aug. 5.
St. James's.
657. Order of King in Council. Confirming Act of New York to vest in Thomas Hicks etc. Signed, Jas. Vernon. Endorsed, Recd. 11th Sept., Read 13th Dec., 1727. 2 pp. [C.O. 5, 1054. ff. 167, 168v.; and (duplicate but dated Kensington, and endorsed Recd. 29th, Read 30th April, 1728) 232, 232v;., 233v;.]
Aug. 5.
St. James's.
658. Order of King in Council. The 22nd Article in the draught of Instructions of Governor Hunter relating to the passing of laws for laying duties on the importation and exportation of negroes is to be omitted for the present. Copies of the papers relating thereto which have been presented by the South Sea Company and Merchants trading to Jamaica, and the Report of the Board of Trade are to be put into the hands of Governor Hunter, who is to make all possible enquiry into the truth of the several facts therein alledged, and to transmit a true state of this affair to H.M. at this Board with all convenient speed etc. Signed, Ja. Vernon. Endorsed, Recd. 11th, Read 13th Sept., 1727. 1 ¾ pp. [C.O. 137, 17. ff. 7, 7v., 8v.]
Aug. 5.
St. James's.
659. Order of King in Council. Confirming Act of Jamaica for settling the N.E. part of the Island. Signed and endorsed as preceding. 2 pp. [C.O. 137, 17. ff. 9, 9v., 10v.; and (duplicate, endorsed, Recd. 29th, Read 30th April, 1728) 32, 32v, 33v.]
Aug. 5.
St. James's.
660. Order of King in Council. Approving draft of Governor Hunter's Instructions, omitting the 22nd and altering the 32nd Article etc. v. A. P. C. III. No. 125. Signed and endorsed as preceding. 2 pp. [C.O. 137, 17. ff. 11, 11v., 12v.; and (duplicate, endorsed, Recd. 29th, Read 30th April, 1728) 30, 30v., 31v.]
Aug. 7.
N. England.
661. Lt. Governor Wentworth to the Council of Trade and Plantations. My last bears date Aprill 8th past, duplicates of which I forwarded by ye Industry William Shephardson Commander which hope came safe to hand; since which I received a letter from Mr. Popple by your Lordships command bearing date Janry. ye 3rd, last which letter came to my hand about ye middle of Aprill following with Mr. Attorney and Sollicitor Generals opinion concerning H.M. right to ye woods, a coppy gave to the Deputy Serveyor for his better goverment. I don't know but this will stringthen ye Serveyor something in this Province; but in ye Massachusets they will not mind it. Since Mr. Attorney and Sollicitor General are of opinion that it is H.M. just right that all such trees should be reserved humbly am of opinion that an additional clause be to that Act, of the 8th of his present Majesty's reignn (vizt.) in townships as well as out without respect to either; for if the Act be not severe the people will break in upon it. I shall say no more relating the King's woods, least I shd. be thot troublesome, but shall do my utmost to preserve the trees from being destroyed. Those that are imployed, as agents ; to the contracter for masts, (vizt.) Mr. Gulston they have great oppertunitys to make waste of pine trees here by falling more then they want and those people that are imployed in that service are generally concerned in saw mills, that what they don't make use of for masts are free for ye mill men. having been told that great quantitys have been cut down formerly for that end. I don't know that it is so now. neither do I mention this by way of complaint. I only humbly offer that a letter may be wrote by your Lordships command to the Deputy Serveyor, or to whom your Lordships may think proper which may prevent the destruction of many a good mast. This Goverment joyned with the Massachusets and Nova Scotia in ratifying the Peace made with the Eastern Indians. Where Lieutenant Governour Dummer, myself, and Major Maskareen on the part of Nova Scotia, was present at Falmouth in Casco Bay the 31st July last past: were three tribes present (vizt. Arresagunbeook, Norridgewocks, and Wowenocks that borders near Cannada made their subjection to King George and confirmed the peace we made with the Penobscots last summer, a perticular account your Lordships will receive from Lieutennant Governor Dummer. that Government being chiefly concern'd in making this last war. I hope we shall have a lasting peace with the Indians which will verry much contribute to the settlement of this Province. According to your Lordships order, I have given directions to the Naval Officer to be careful in sending home the amount of all negroes here imported. Within this month past we have had more negroes imported then for many years before vizt: twelve from Antigua, eleven from the Island of Tercera, one of ye Western Islands and two from Nevis most of them new sent here for sale, in our trading vessels. I have herewith inclosed the Journals of Council with what Acts I have passed from November 1726 to May 1727 together with the remaining stores and expence of gun powder to the 28th May 1727. I hope your Lordships will be pleased to be put in mind how verry bare we are of stores of all sorts at Fort William and Mary so I found it, at first when I had the honour of commanding it. our agent has instructions to sollicit, am in hopes we shall succeed tho' we wait long. Mr. Bacon our Collector of this port accounts will come by the next. The trade of the country which is almost at a stand, partly occasioned by the warr with Spain it's thôt two hundred thousands quintals fish now remains in ye country for want of the usual number of shipping to carry it of one thing more that has greatly crampt our trade which is calling in our bills of credit. With greatest submission to H.M. Instructions that was of late sent, to these Governments. Humbly take leave to say a word or two; I designe it for the good of trade and the incouragement of the manufacturies in England. The trade of this country has been five times more within these last ten years then before (this reason) that we have had a medium which has increas'd the trade and incouraged people to run more into it; so that the makeing their own cloathing has decreased, by reason of the currency of paper credit; by this means we have had more merchandize, perticularly woolens from England within these seven years past, then in twenty or twenty-five years before, and I am perswaded that the Custom Housses in London and the several sorts in England will evidence the verity of it. I dont conceive that this great trade has been so advantageous to this country but chieffly to support our ambition. The common people are come to that pitch that they will wear nothing less then the best of cloaths and so in proportion now the calling in the bills of credit put everybody upon thôts. for if the merchant has not money, then the tradesmen, nor country men cant have it. So that they will be obligded to spin their own cloathing; or wear none; and live within themselves. The contrary a sufficiency of bills of credit makes them live in great plenty and trade circulates quick, but when no medium then its stagnated to that degree that the grass in Boston streets will soon appear, its hardly possible to conceive the difference that the calling in the last hundred thousand pounds has made, neither gold nor silver remains with us. The ballance of trade so verry much in favour of Great Brittain. But as fast as it comes in, so soon its shipt off. and there our whole trade naturally centers, if no paper credit then the people will be oblidged to keep the silver here. I suppose three hundred thousand pounds would answer the end their's not in boath goverments (not exceeding forty) but would gladly petition the King for striking bills of credit and those forty are the great usurers of the country who layes wait for his neighbours land &c. as for my own part I want it as little as any, I'm no trading man my farms brings me victuals and drink and for cloathing I must do as I can, I beg your Lordships will forgive the freedom I have taken with my most dutifull respects etc. P.S. Aug. 24th. Since the within we have the surprising news of the death of H.M. King George which has filled our hearts with a dutifull sorrow, in proportion to the great joy we had upon H.M. accession to the Throne. I pray God that King George the Second may long live; to reign over us. On Thursday the 11th day of August the funeral solemnities for King George the first was observed, at Castle William and Mary, by fireing half minute guns, attended by myself and H.M. Councill with the Representatives and a considerable number of gentlemen and others. The afternoon the flag was hoisted and the cannon discharged three times with great huzzas and acclamations of joy (let King George the Second long live) a regiment of foot and throop of horss also attended. I have summonds all the officers civill and millitary to attend the next week to take the oaths appointed by Act of Parliament to King George the Second whom God preserve. I shall always be ready and willing to obey your Lordships commands in everything in my power thats for the Kings interest. Signed, Jno. Wentworth. Endorsed, Recd. 2nd Oct., 1727, Read 16th Feb. 1727/8. Holograph. 4 pp. Enclosed,
661. i. List of Stores remaining in Fort William and Mary, Newcastle, N. H., 28th May, 1727. Signed, Jno. Wentworth. Endorsed, Recd. 2nd Oct., 1727. 3 pp. [C.O. 5, 870. ff. 4lv.–43v., 44v.–46v.]
Aug. 8.662. Thomas Mildred to Michael Shaw (v. 1st Aug.). Memorial of loss and damage suffered by him (£61 145.) for merchandize shipped on board the Anne etc. Signed, Thy freind unknown, Tho. Mildred. Addressed. 1 ½ pp. [C.O. 388, 27. No. 82.]
Aug. 9.
663. Lord Townshend to the Council of Trade and Plantations. H.M. having been pleased to continue the Earl of Orkeney in the employment of Governor of Virginia, you are to prepare draughts of Commission and Instructions etc. Signed, Townshend. Endorsed, Recd. 9th, Read 12th Aug., 1727. 1 p. [C.O. 5, 1320. ff. 139, 140v.]
Aug. 10.
664. Lord Townshend to the Council of Trade and .Plantations. H.M. has been pleased to continue Alured Popple Esq. in the employment of Secretary to H.M. Commissioners for Trade etc. Signed, Townshend. Endorsed, Recd. 10th, Read 12th Aug., 1727. 2/3 p. [C.O. 388, 79. No. 1.]
Aug. 11.
665. H.M. Sign Manual for preparing a Commission for the Bishop of London to exercise his ecclesiastical jurisdiction in the Plantations. Countersigned, Holies Newcastle. Mem. A caveat having been entered at the Privy Seal Office against this Commission it passed the Signet only, but upon the alterations made to it by the Bishop of London, another warrant was signed etc. v. 16th Feb., 1728. [C.O. 324, 36. pp. 1–10.]
Aug. 12.
666. Lord Townshend to the Council of Trade and Plantations. Draughts of Commission and Instructions are to be prepared for John Montgomery Esq. appointed Governor of New York and New Jersey etc. Set out, N.Y. Col. Docs. V. p. 823. Signed, Townshend. Endorsed, Recd. Read 12th Aug., 1727. 1 p. [C.O. 5, 1054. ff. 159, 160v.]
Aug. 12.
667. Mr. Attorney and Mr. Solicitor General to the Council of Trade and Plantations. Reply to queries upon the case between H.M. and the Proprietors of the Northern Neck in Virginia (v. 20th April, 1726 etc.):—We are of opinion that (i) by the grant of felons in the letters patent of King James II etc. all goods in possession belonging to any felon convicted which are within the district described in the grant do pass, but it hath been determined that those words do not extend to any debts or rights of action, nor to any leases for years or other chattels real belonging to such felon, nor to any goods or chattells whatsoever of a felo de se; (ii) That no other fines pass thereby but such as are imposed by the King's Courts held within the said territory; the fines imposed at the Courts leet of the grantees are expressly granted to them by the letters patent of King Charles II, and the fines imposed by the King's Courts held within the said territory cannot with propriety be said to arise or accrew within the same; (iii) that all goods and chattels real and personal in possession being within the said territory, and forfeited by reason of any judgment or conviction for misdemeanour or felony and all interests in any lands lying within the said territory forfeited to the Crown by any attainder of felony do pass by the word forfeitures; but this word is so general and extensive, and the cases wch. may arise upon it so various, that it is impossible to give an opinion thereupon which may answer every event without having the particular facts stated. As to Major Drysdale's question, (20th April, 1726) we are of opinion that nothing contained in the said letters patent restrains him from exercising the authority of pardoning such offences, and if the pardon be granted before any forfeiture incurred by judgment in cases of misdemeanour, or by flight, conviction or judgment in cases of felony, the pardon will prevent any forfeiture; but if the pardon be granted after the forfeiture actually incurred by any of the means aforesaid, tho' the offence will be thereby discharged, the right of the grantees to the thing forfeited will continue. Signed, P. Yorke, C. Talbot. Endorsed, Recd. 15th Aug., Read 28th Sept., 1727. 2 ½ pp. Enclosed,
667. i. Copy of case between the King and the Proprietors of Northern Neck. (v. C. S. P. 1726, April 20. Encl. iv.) Copy. 8 pp.
667. ii, iii. Charters of James II and Charles II to the Proprietors of Northern Neck, Va. Copies. 35 pp.
667. iv. Extract of letter from Lt. Governor Drysdale, 20th April, 1726. 2 ¼ pp. [C.O. 5, 1320. ff. 174–175, 176–179v., 181–192, 193–198v., 200–201, 202v.]
Aug. 13.668. Capt. Rogers to Mr. Delafaye. Encloses copy of petition delivered to H.M. this day, and begs to speak with him etc. Signed, Woodes Rogers. Addressed. Seal. ¾ p. Enclosed,
668. i. Petition of Capt. Rogers to the King. Duplicate of No. 686 i. [C.O. 23, 12. Nos. 89, 89 i.]
Aug. 15.
669. Lt. General Mathew to the Council of Trade and Plantations. Refers to letter of 14th June. Continues:—I have been forced, on information and proofs of the arbitrary, partial and unjust behaviour of John Greatheed, Chief Justice of this Island, to remove him. Encloses the information. Mr. Meure will attend with the proofs, to justify every point of it. Continues:—Mr. Greatheed had two or three friends in the Council who dissented from this remove, and enterd their dissent. Refers to Minutes of Council, and as answers to those dissents, the observations of the Attorney General, Ashton Warner, with the opinions of the most eminent at the barr here, which will, he hopes, make the change "as agreable to your Lordships, as 'tis to nineteen in twenty of the inhabitants, who have for almost five years laboured under the tyrannys and unjust persecutions of that Bench, little inferiour to an Inquisition. There was a creature of Mr. Greatheed's on that Bench, a Puisne Judge, whose caracter will sufficiently appear from the papers Mr. Meure now receives from me; affidavits of his tyrannys and an answer to the dissent of two of the same dissentients, drawn up by Mr. Gordon his successor, for his own justification etc. By the absence of William Lyddle, now settled at Montserat, there was a vacant seat on that Bench. These dissenting Gentlemen, as they could not anywise affect the caracter of my brother in law Colonel Burt, whom I namd for that seat, however enterd their dissent too. From all three, and from this especially, your Lordships will plainly see the spirit that chiefly movd to those dissents, etc. One of these worthy Members was pleased to own (as the others might very safely and with truth too averr) that H.M. service or the good of this island was little thought of, but private intrest, and a strong tincture of perverse contradiction. Refers to Mr. Meure for justification of placing Mr. Burt there. Continues:—By the universal consent of all Mr. Browne is known to, he is vastly superior, in knowledge of the law, to his predecessor, having for many years worthily been at the Barr, his fortune a most plentifull one; (the other most indigent), and his candour and integrity never blemish'd. Mr. Gordon, evry impartial man that knows him, will allow of a caracter vastly more advantagious than Mr. Johnson, and Mr. Burt even the dissentients object nothing to, as to his caracter. According to his Instructions, is preparing an accompt in the form of a present state of this Government, with some thoughts for improving the same etc., and proposes to put it "in such a method that the mutanda may from time to time with great ease be made" etc. Signed, William Mathew. Endorsed, Recd. 12th, Read 19th Oct., 1727. 4 pp. Enclosed,
669. i. Anonymous information to Lt. General Mathew against John Greatheed, Chief Justice. He is greatly in debt, which leads him to be notoriously partial, guilty of extortion, and is strongly suspected of bribery and corruption. Quotes cases of wrongful judgment in favour of Thomas Butler v. James Milliken, and Thomas Butler v. John Brownrigg, and in cases of Clement Crooke junr., Simon Allen v. Benjamin Estridge, Edward Claxton v. Thomas Bisse, Bartholomew Lynch v. Prince etc. He made an illegal charge of 6s. for a certificate on each bond or note brought into action etc. Endorsed as preceding. 2 ½ large pp. [C.O. 152, 16. ff. 38, 39, 40, 41–43v.]
Aug. 15.
670. Lt. General Mathew to the Duke of Newcastle. Refers to letter of 24th June. Continues:—There are many articles which the Instructions direct my laying from time to time before your Grace. These, my Lord, I am bringing into order with all possible speed, and I am reducing them into the shape of a short Present State of these Islands. I am desirous to make it short, but compleat; and am therefore retarded in it, for want of some papers I have at Antego, which are observations of 12 years past, that will enable me to make computations commune of the encrease of trade, number of inhabitants, negroes etc., and if this should meet your Grace's approbation, the mutanda may be easily made from year to year, and at one view your Grace will allways have a true state of this little branch of H.M. Dominions. I have been forced from the partial, arbitrary and unjust behaviour of John Greatheed Esq. Chief Justice of this Island to remove him, and to supply with Jeremiah Browne Esq., a Gentleman vastly superior to the former in knowledge of the law, of a most plentyfull fortune (the former was most indigent) and whose integrity and candour is unspotted. Refers to enclosure. Continues:—Mr. Meure, who will have the honour of attending your Grace herewith, will lay before you the proofs, when you shall please etc. Signed, William Mathew. 2 pp. Enclosed,
670. i. Anonymous charges (9) against John Greathead, Chief Justice of St. Kitts, laid before Lt. General Mathew. v. preceding. 2 ¾ pp. [C.O. 152, 43. ff. 18, 19, 20–21.]
Aug. 15
671. Governor Worsley to the Duke of Newcastle. Having heard by Capt. Arthur Ellis, master of a merchant ship called the Reynold who arrived here the 6th instant from London, that His late Majesty dyed the 11th of June last at Osnaburgh, and as he shewed me a printed copy of His present Majesty's Proclamation as well as of H.M. Declaration, I would not loose the first oppertunity of condoling with your Grace for the loss of so great a King etc. Immediately on the arrival of this news, I called the Council to communicate it to them, and as we found by former precedents that on such occasions there was always directions from the Privy Council for the proclaiming the succeeding King, and indeed doubting whether it could be lawfully done without such directions, it was thought adviseable to defer it till they should arrive etc. The Assembly I had adjourned to the 8th (v. 4th Aug.) accordingly met and chose Majr. Spencer for their Speaker pro tempore, and then sent me by two of their Members their Address on the occasion of my Speech etc. (v. 4th Aug.), and afterwards they attended me in Council with their Speaker for my approbation of him, who I approved of, when in the name of the General Assembly he made me a Representation as their answer to my message (copy enclosed), by which your Grace will observe, that tho' they complyed with my message, yet they think, what I insist upon as H.M. Prerogative, to be more a matter of form and ceremony, than any real substance, and at the same time they have a saving and reserving their rights and priveledges and those of the people; and that tho' there are precedents that the Assembly do attend the Governour at their first calling and choice of a Speaker for his approbation of him, yet they insinuate as if it was only, that by him they may desire to know what the Governr. has to recommend to them for H.M. service; However as they complyed with the most substantial part of my message, I recommended to them to pass the Excise bill immediately, but I told them that if there was anything in it that touch'd H.M. Prerogative or if there were any other alterations unfit for me to give my assent to (for it was reported they would tack a self-denying bill to it) I would not pass it; Whereupon I gave them a room in my house to sit in, and as they and the Council past it as it usually had been, I gave my assent to it that evening, and adjourned them to that day four weeks. I fancy they have mistaken the sence of their own rules, for your Grace will see by the several Minutes, they have now chosen a Speaker pro tempore every time they have met, during the indisposition of the Speaker they had chosen at their first calling, who I had approved of, for I should naturally think that pro tempore should mean during the time of the other Speaker's illness; such a practice may run them into a great deal of confusion, and retard the business of the House, they have indeed a rule of their House, which they constantly observe, of choosing a Speaker every three months, but as he has been always the same, the Governours approved of at first, no Governor has ever animadverted upon it. They tell me in their said Representation that they have been unreservedly generous to me; I very gratefully acknowledge it, and I have taken a great deal of pains to administer justice equally to them, and to heal their differences with one another, and I thank God I have accomplished it, but neither their generosity, nor any other consideration, shall make me give up a point wherein H.M. prerogative is concern'd. As for their Address I must say it is in terms they have hardly ever addressed a Governour in before. Sometime since I had a petition prefer'd to me against Mr. Oliver Kennedy the late Deputy Provost Marshal; I ordered the Judges and H.M. Attorney General to examine into it, and to take his answer, which they accordingly did. Upon which the said Marshal resigned his office, and I put his brother Mr. William Kennedy into his room, he giving the security for the payment of his rent to Messrs. Reynolds, as also for his honest behaviour in his office, by which I hope I have done the Countrey justice without injuring H.M. Patentee etc. Signed, Henry Worsley. Endorsed, Rd. Oct. 17th. 6 pp. Enclosed,
671. i. Account of Stores of War, Barbados, 1727. Signed, Wm. Leslie. 1 p. [C.O. 28, 44. Nos. 112, 112 i.]
Aug. 15.
672. Governor Worsley to the Council of Trade and Plantations. Duplicate of preceding covering letter. Endorsed, Recd. 2nd, Read 20th Oct., 1727. 6 pp. Enclosed,
672. i. Minutes of Assembly of Barbados, 8th Aug., 1727. 6 pp.
672. ii. Address of Assembly to Governor Worsley. 25th July, 1727. Copy. 3 ½ pp.
672. iii. Reply of Assembly to Governor Worsley's Message. Copy. 2¼ pp. [C.O. 28, 19. ff. 15–17v., 18v., 20v.–23v., 25–28v.]
Aug. 15.
673. Lt. Governor Dummer to the Council of Trade and Plantations. I have formerly sent your Lordships an account of the Treaty of Submission and Pacification made with the Delegates of the Eastern Indians at Boston in Decembr. 1725, and the ratificat. of the same by the Penobscot Indians at Falmouth in Aug. 1726 with copys of all the papers and instruments relating thereto. I have now the satisfaction to acquaint your Lordships that in the latter end of the last month upon a meeting at Falmo. with the Arrasaguntacock Norrigawocks and Wooweenock tribes I received their ratification of the aforesd. Treaty, and also further concluded with them and the Penobscot Indians, a seperate article for joyning our forces to repell any Indians that shall attempt to break this Peace, which last Article I apprehend will very much enforce what was done before. I now inclose your Ldships a printed copy containing the whole of this affair and I shall only observe to your Ldships that the Arresaguntacock and Wooweenock Indians live on the River of St. Francois a branch of Canade River about 250 miles distant from any English settlement and that they never before that I can finde by any of the former Treatys submitted themselves to H.M. or to his Predecessors in this or any other English Government. I am to meet the Genl. Assembly of this Province on an adjournment tomorrow and when the Sessions is finished I shall transmit to your Ldships the Journals thereof. Signed, Wm. Dummer. Endorsed, Recd. 27th Sept. 1727, Read 24th May, 1728. Holograph. 1 ½ pp. Enclosed,
673. i. The Conference with the Eastern Indians at the Ratification of the Peace, held at Falmouth in Casco Bay in July and August, 1726. Printed. Boston, for Benj. Eliot. 23 pp. quarto.
673. ii. The Conference with the Eastern Indians at the further Ratification of the Peace, held at Falmouth in Casco Bay in July [11th27th], 1727. Printed. 31 pp. quarto. Nos. i and ii. Endorsed, Recd. 27th Sept., 1727. [C.O. 5, 870. ff. 71v., 72v.–100v.]