America and West Indies
April 1725


Institute of Historical Research



Cecil Headlam (editor) and Arthur Percival Newton (introduction)

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'America and West Indies: April 1725 ', Calendar of State Papers Colonial, America and West Indies, Volume 34: 1724-1725 (1936), pp. 352-367. URL: Date accessed: 24 November 2014.


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April 1725

April 2.
559. Mr. Burchett to Mr. Popple. H.M.S. Argyle, Ludlow Castle and Greyhound being design'd convoy to Newfoundland this year, and Captain Bouler, Comd. of the Argyle, being the Commadore, asks for Instructions and Heads of Enquiry, as usual etc. Signed, J. Burchett. Endorsed, Recd. 4th. Read 6th April, 1725. Addressed. 1 p. [C.O. 194, 7. ff. 223, 224?.]
April 5.560. Petition of William Frye of Mountserrat to the King. Governor Hart charges petitioner, who has been a Member of Council of Montserrat for over 20 years, with having represented Col. Bramly to be disaffected, whereupon he was removed from that Council. Petitioner immediately answered that he never made any such representation, as alleged, to the late Governor, Mr. Hamilton. The Governor thereupon declared that this was giving him in indirect terms the lie; and (without obtaining the consent of the Council) suspended petitioner till H.M. pleasure should be known. Petitioner has already remained suspended above twelve months. The Governor was at that time labouring to get a settlement in addition to his salary from the Council and Assembly, and to get a majority, swore into the Council Bramly and James Cruickshanks, tho' there were then eight Members of the Council present, contrary to his Instructions etc. Prays for redress, 1 1/2 pp. Subscribed,
560. i. Whitehall, 5th April, 1725. H.M. refers this petition to the Council of Trade and Plantations etc. Signed, Holies Newcastle. 1/4 p. The whole endorsed. Recd., Read 20th April 1725. [C.O. 152, 15. ff. 7, 7?, 8?.]
April 6.
561. Mr. Popple to Mr. Scrope. Encloses draft of bond to be entered into by Depty. Governor Sir R. Everard. for observing the Acts of Trade etc. [C.O. 5, 1293. p. 343.]
April 6.562. Petition of Thomas Salmon to the Council of Trade and Plantations. After serving at Placentia for 9 years as Head Armourer, petitioner then received his discharge from the Board of Ordnance and entered the Fishery trade, maintaining a wife and 5 children and 20 servants thereby. Lt. Govr. Samuel Gledhill being envious of him, and designing to ruin him, endeavoured to force him to buy brandy, rum and other commodities of him att very extravagant rates. Upon petitioner's refusal, the said Governor caused him to be forced out of his house by a serjeant and file of soldiers, in Oct. 1723. Petitioner left for England in said month, and on 7th Dec. the Lt. Governor ordered a serjeant and file of soldiers to bring petitioner's wife, (then big with child) into the Garrison, where he violently assaulted her, and after a long imprisonment kicked her out of the said Garrison. In Jan. followeing, the Governor ordered a serjeant and file of soldiers to bring petitioner's daughter (not It years of age) where he violently assaulted her and (without cause) ordered her to be drummed thro' the town to the great prejudice of her reputation. This usage so sorely afflicted petitioner's wife, that, after seven days' illness, she was taken in labour before her time, upon which she sent for one Mrs. Clarke the onely person there who undertakes that emergent affair. But the said inhuman Governor would not suffer her to assist her, on pain of being severely whipped. Petitioner's wife and daughter some time after were again forced by a serjant and file of soldiers from petitioner's house into the Garrison, were kept some time prisoners there, and very much beaten by the Governor's wife. Petitioner hath been since forced into the Garrison, and there kept prisoner some time, to the great loss of his trade and fishery. The said Governor, contrary to his Instructions, doth monopolise and engrosse to himself the greatest part of wines and other merchandizeable commodities which come to Placentia, and sells the same again to the inhabitants att very extravagant rates etc. Those who will not deal with him, he puts prisoners on the guard, which failing he uses them so barbarously, that they are obliged to quit the place or be ruined. Petitioner is now forced with his wife and six children from his houses to shelter in the woods etc. Prays for enquiry and reparation etc. Endorsed, Recd., Read 6th April, 1725. 1 large p. Enclosed,
562. i. Deposition of John Linthorn, mariner, that Thomas Salmon is a very fair honest man and that Governor Gladhill oppressed him without cause etc. The copy hereunto annexed is a true copy of the original, and the hindrance specified in said copy was by Governor Gladhill etc. 26th Feb., 1725. Signed, J. Bennett. 3/4P.
562. ii. Certificate to Captn. John St. Lo., H.M.S. LudlowCastle, that Thomas Salmon is a sober carefull man,and hath dealt with us for considerable summs etc.,and encourages trade here very much, and would more, if was not hindred etc. Signed, Wm. Halls, Admiral and 8 others. Addressed. 1 p.
562. iii. Deposition of Mary Baldwin. Confirms Governor Gladhill's treatment of Mrs. Salmon ?. supra. 19th March, 1725. Signed, Mary Baldwin. 1 p. [C.O.194, 7. ff. 225, 226–227, 229, 229? .]
April 6.
563. Mr. Popple to Mr. Burchett. My Lords desire to speak with Capt. St. Loe next Thursday, observing that Capt. Bowler in his answers to Heads of Enquiry refers to him for several facts. [C.O. 195, 7. p. 133.]
April 7.564. Mr. West to the Council of Trade and Plantations. Report upon Act of S. Carolina, 1723, for settling the estate of Richard Beresford deed. The Act discussed at length. Though in strictness of law this Act is highly prejudicial to the parish of St. Thomas, yet as the parish does not oppose it, and equity is strong for the infant provided for by it, it may justly be passed etc. Signed, Richd. West. Endorsed, Recd. 8th April, 1725, Read 14th Feb. 1728/9 5 1/2 closely written pp. [C.O. 5, 360. ff. 86–880., 89?.]
April 12.
565. Governor the Duke of Portland to the Council of Trade and Plantations. Refers to letters etc. of 30th Dec. and 8th Feb. Encloses duplicates by H.M.S. Launceston. Nothing material has happened lately etc. Awaits with impatience answers and directions to former letters. Continues: I have been inform'd by letters from England that what had past here, concerning the Chandois and scooner Esperance had been represented from hence in such a manner as to make some of my friends uneasy etc. Refers to former letters (?. 13th July, 1724 etc.). Continues: I don't question but that in case any one of those who thinks himself injur'd, should think proper to make any further complaints, to give such answers as wou'd convince everybody that their threatning and insulting behaviour did not deserve the indulgence they met with from me etc. The Instructions I have concerning the Acts of Trade are drawn in such terms, as that no man would think it adviseable, or in the least prudent to trifle wth. them, and as it is my duty to observe all my Instructions to the best of my judgment and power, I think it wou'd be putting a hardship upon me, shou'd any one expect that upon any account he ought to be complimented by overlooking any, but more particularly those which concern the Acts of Trade. As to what concerns the Admiralty Court, and the proceedings there, it was with the utmost difficulty, I cou'd prevail with any body to sit there as Judge. All those I apply'd to excus'd themselves as being unwilling to draw the ill will of any of their friends upon them, dreading the trouble and consequences which they apprehend allways attends it, and that without any prospect of profit or reward that can be an equivalent; I cou'd prevail with none to officiate but Mr. Attorney General, notwithstanding all my assurances that no care or support the Government cou'd give them, sho'd be wanting. I can assure your Lordships that it is not without more than ordinary difficulty, one sees the least regard paid to any laws or instructions which also is constantly attended with clamour, particularly where there has been a total neglect in all respects ; The Attorney Genll, met with sufficient rubs about that affair. The Officers of the Court by their behaviour, I mean the Register and Provost Marshall, attempted upon encouragement to ridicule his proceedings, to execute the decrees according to their own judgments, as far as wou'd best serve their private purpose and no further, which does more fully appear by the copy's I have transmitted to your Lordships. (It is to be observ'd that the Register gives no security.) Upon this he was obliged to put them under confinement, their behaviour then, supported by their friends, was so provoking, so daring, and so insulting, as to require the interposition of the Government, to prevent the intended disorder. Two of the Assistant Judges who were chiefly concern'd in this, had their quietus sent them. I hear some complaint is made concerning this. I can affirm that their behaviour consider'd by it's self, in any office deserv'd it, but when they wou'd stretch their authority to support confusion, and even act beyond their Commission, contrary to law, and the usuall custom of the countrey, it was time to put a stop to their pretended power. First as they wou'd set those Gentlemen at liberty upon the Habeas Corpus, Judges are always carefull how they proceed with respect to any Officers of a Court, under censure or confinement, by order of that Court for contempt; secondly, my Instructions against admitting the Habeas Corpus to be in force here, but thirdly suppose it was in the manner as has been practis'd here for the ease of the subject, it is the Chief Justice only, who has admitted people to bail upon the Habeas Corpus, and the Assistant Judges never assume any such authority but in case the Chief Justice be incapable by indisposition to act, or out of the way, even then, it is not in the power of any of the Assistant Judges to act by themselves, and out of Court, as these pretended to do. Their Commission gives them no such power, but they must act in Court, and their number must be three to make a quorum, so that their intended proceedings had nothing for it's suppport but their desire to create trouble. As to the Officers under confinement by order of the Court I can't guess what complaint they can make, for as soon as they thought proper to take any notice of me, to acquaint me by message that they were confin'd, and desired my interposition, promising that they wou'd remove all cause of complaint, I receiv'd their message with civility, and they were imediately set at liberty. But besides, the pretended reasons these officers gave for their behaviour, appear to be in opposition to my instructions concerning appeals. As to the regulation of the fees I must observe, that I was surpris'd at their bills which were nothing but extortion, I would have moderated them thinking them not consistent with precedents, and against the known rules and laws, but my endeavours have been to no purpose; so that they can't complain upon that head; as matters have been quiet here since and every body at ease, I thought they wo'd have been well contented, with having met with no such severe usage, as their behaviour might have given them just grounds to expect. They have never been able to perceive the least resentment in me for what had past, I overlook'd it all, without taking the least notice of it, but thought it incumbent upon me to put a stop and not to suffer the Assistant Judges (who ought always to shew their discretion) to proceed upon imaginary notions, beyond the power given them by their Commission contrary to law and Instructions. I hope no fault can be found with that, but on the contrary will be approved; If the Government shou'd sit still, on those occasions and not act with prudence and resolution, there wou'd soon be an end of laws, Instructions and Government, and I flatter myself that no misrepresentations can meet wth. any credit at home, but that what I have so often represented (considering the nature and temper of the people here) as highly necessary, wch. is the granting of all possible support and countenance from home, will be given to enable me the better to perform my duty, and discharge my trust. By what I have said in as few words as I cou'd (to avoid trespassing upon yor. Lordps. patience) only to shew what part I have acted in that affair, wch. in my judgment was necessary to preserve the peace and dignity of the Governmt., I hope this matter will give no further trouble. Ever since the last sitting of the Assembly there has hardly been any body in town, this being the busy time to get in the crop of sugars. What I of late have chiefly been employ'd about, has been in the care of sending out partys to destroy if possible the runaway and rebellious negros. It is surprising that to put this in execution, sho'd be attended wth. so much trouble and so many difficulty's. I thought after I had given the necessary orders, as it generally is a time when the town is empty and can best be spar'd from business, that I might for a few days go to see some parts of the countrey, wch. I did, and was very well pleas'd wth. but soon perceiv'd that any stay wou'd have been inconvenient and that my return was necessary etc. P.S. Refers to enclosures etc. Signed, Portland. Endorsed, Recd. 11th, Read 23rd June, 1725. 4 1/2 pp. Enclosed,
565. i. Proceedings relating to the condemnation of some French indigo seized on board the ship Nassau, 1718, with accounts, in reply to petition of Isaac Miranda etc. Endorsed as preceding. Copy. 6 pp. [C.O. 137, 16. ff. 90–92, 93?., 95–105?., 107–114?, 116?]
April 12. Jamaica,
566. Governor the Duke of Portland to the Duke of Newcastle. Repeats preceding covering letter, acknowledging, in conclusion, letter of 30th Nov. "in favour of Mr. Chamflour as recommended by Count Broglio the French Ambassadour," etc. Sends duplicates to Mr. Stevenson. Signed, Portland. Endorsed, R. 9th June, 1725. 4 1/2 pp.
566. i. Extracts of Minutes of the Council and the Assembly of Jamaica, Jan., Feb. 1725. 15 pp.
566. ii. Duplicate of 8th Feb. letter.
566. iii. Duplicate of 30th Dec. letter. [C.O. 137, 52. ff 125–132, 135–137, 138?., 139–141?., 142?., 143–150?.]
April 13.567. Deposition of Elizabeth, wife of John Barnes, lately gunner at Placentia. Confirms Thomas Salmon's statements as to Lt. Governor Gledhill engrossing provisions and retailing them and liquor at exorbitant rates, and detaining Salmon in garrison for buying provisions on board ship and not from him etc. (?. April 6th supra.) Signed, Elizabeth Barnes, her mark. Endorsed, Recd., Read 14th April, 1725. 1 p. [C.O. 194, 7. ff. 254, 255? J
April 14.568. Deposition of Henry Bishop, blacksmith, late of Placentia. Confirms preceding, testifies to Salmon's honesty, and declares that Governor Gladhill "sadly molests H.M. good subjects at Placentia by his arbitrary Government, so that a great many are thereby deterred from settling" there etc. Signed, Henry Bishop. Endorsed as preceding. 1 p. [C.O. 194, 7. ff. 256, 257?.]
April 13. Whitehall.569. Mr. Popple to Mr. Attorney and Mr. Solicitor General. Presses for replies to queries from Mr. Drysdale (?. 13th Aug. and 25th Nov. 1724), and asks for opinion upon the case of a mate killed by a shot from a fort in Barbados (?. 16th Nov.) [C.O. 29, 14. pp. 208, 209.]
April 14. Whitehall.570. Council of Trade and Plantations to the Duke of Newcastle. Refer to letter of Jan. 26th, and quote Governor Worsley's letter of Jan. 24th relating to French designs upon Tobago. Continue: We desire, your Grace will be pleased to lay this before H.M. for his orders thereupon, that Mr. Worseley may know how to govern himself upon so important an occasion. We shall only take further leave to acquaint your Grace, that the Island of Tobago is of very great consequence, being esteemed the most fertile of all the Charibbees, and does certainly of right belong to the Crown of Gt. Britain. We enclose a copy of the French Captain's letter, by the terms of which your Grace will please to observe that the French do pretend a right to Tobago, Mr. Worseley's answer does also assert a right on H.M. behalf. Autograph signatures. 2 pp. Enclosed,
570. i, ii. Copies of Nos. 478 i, ii. [C.O. 285, 2. Nos. 3, 3 i, ii and (without enclosures) 29, 14. pp. 409, 410.]
April 15. Whitehall.571. Mr. Popple to Mr. West. Encloses for his opinion in point of law 22 Acts of S. Carolina passed 1722–24. Mem:—These were returned without any report and sent to Mr. Fane. ?. 27th Sept. [C.O. 5, 400. p. 217.]
April 15.572. Certificate from the Remembrancer's Office that Governor Sir R. Everard has given the security required to observe the Acts of Trade etc. Signed, Tho. Eyre. Endorsed, Recd., Read 16th April, 1725. p. [C.O. 5, 1266. ff 188, 188?.]
April 16.
573. Governor Phenney to the Council of Trade and Plantations. Repeats matter of following and request for "a small man of war always ready to pursue those pyratical rovers and secure our navigation, our country vessels being long in equipping and thereby gives the enemy too much time to escape." Signed, G. Phenney. Endorsed, Recd. 16th July, Read 19th Aug., 1725. 1/2 pp. Enclosed,
573. i. Replies to Board of Trade Queries. Duplicates of (a) Dec. 24, 1723 and Dec. 3, 1724.
573. ii–viii. Duplicates of following Nos. ii–x. [C.O. 23, 1. Nos. 56, 56 i–viii.]
April 16
574. Governor Phenney to the Duke of Newcastle. Acknowledges additional Instruct ion relating to imposition of duty's on European commoditys etc. Refers to letter of 3rd Dec. and enclosed gunner's inventory, and repeats application for stores of war. Encloses annual papers and "an affidavit of a master of one of our sloops, lately taken by Augustin Blanco a noted pirate of Baracoa on Cuba who is still amongst these Islands. I have sent two sloops in quest of him, in one of which is a detachment of the Garrison, and hope for a good account of them, he having been an old robber among these Islands about 25 years. The master escaping with his sloop brought away Augustin's Commission (end. ii). Under pretention of these Guard de Costa Commissions the Spaniards often come and plunder our distant settlements and pyraticallv take such vessels as they find lading with salt and other the produce of these Islands, to which your Grace will perceive by the affidavit they make a verbal pretension. I shall continue my diligence on the fortification humbly beseeching your Grace to take our wants into your consideration" etc. as 6th July, 1724. P.S. Since writing the above, our sloops are returned without effect. I am preparing proper papers to send by the sufferers to Cuba with an estimate of their losses. The behaviour of the Spaniards in this affair shall be faithfully transmitted to your Grace. Signed, G. Phenney. Endorsed, R. July 15. 2 pp. Enclosed,
574. i. Description of Bahama Islands, soil and trade, cf.Dec. 3, 1724 etc. 3 1/2 pp.
574. ii. Commission to Augustin Blanco as Guarda Costa. Signed, Don Carlos de Suere, Governor of Santiago de Cuba. 24th Nov. 1725. Spanish. 2 3/4 pp.
574. iii. Deposition of John Cullimore, Mariner. N. Providence. 16th April, 1725. Deponent was captured on board a sloop (Snapper ?. No. v.] about 24th March last by Augustin Blanco in a periagua from Baracoa, but escaped near Islathera. Blanco threatened to come and take Providence and give no quarter, the Bahama Islands belonging to the Spaniards, and saying that his commission extended to take such vessels as he found loaded with salt and braziletto amongst sd. Islands. Signed, John Cullimore. Copy. 1 p.
574. iv. Deposition of Ridley Pindar and William Addams, Mariners. N. Providence. 22nd April, 1725. Corroborate preceding. Conclude: Blanco said the Governor forced him to come among the sd. Islands and ordered him to carry home all the prisoners he should take of the inhabitants to build him a fort. Signed, William Addams, Ridley Pindar. Copy. 1/2 p.
574. v. Deposition of Richard Thompson senr. N. Providence. 22nd April, 1725. Blanco landing on Islathera, took from him his son John Thompson and Boyer Gething an orphan in his care, negroes and goods to the value of 3500 ps. of m/a. Deponent asked if there was any war. Blanco answered that he had a Commission and would make prize of all vessels belonging to these Islands, but not the old England vessels, for that these Bahama Islands belonged to the Crown of Spain. Signed, Richard Thompson. Copy. 1/2 p.
574. vi. Deposition of Richard Thompson jr. Confirms Nos. iv and v. Signed, Richard Thompson. Copy 1/2 P.
574. vii. Deposition of Thomas Petty, Commander of the sloop Snapper of N. Providence. 15th April, 1725. Being on a voyage making oil amongst these Islands and proceeding therewith near Ragged Island one of the Bahamas and bound for Jamaica, was taken by Blanco etc. Corroborates Nos. iii–v. Signed, Thos. Petty. Copy, l 1/4 pp.
574. viii. Account of Revenue of the Bahama Islands, 1724. Cash received from duties 656. 3 1/2; fines 110. 5 1/2; duties for the Church 161. 4. Subscriptions for the Church 284 7 1/2. Carried forward to 1725 560. 6. pieces of eight. Total: 1774. 2 1/ 8/8. Debit: Governor Phenney's account of Contingent charges, 37. 2 1/2. from the Baha, Compa. Storehouse 211. 4.; gunners at Fort Nassau. 91. 4. Governor Phenney for the Church frame, 402, and disbursements for same 155. 5. Saml. Lawford for work at the Church 100.; Will. Fairfax disbursemts. for ditto, 40. 2; Thomas Reston's do. 131. 7; Sundries from the Baha. Storehouse for do. 318. 5 1/4; boards for flooring the Church 20. Total, (including balance of account for 1723, 265. 4 3/4 ), 1774 2. 1/2 ps. 8/8 Signed, Pr. Goudet, Treasr. Sworn and examined in Council, W. Fairfax, Clk. Council. 2 pp.
574. ix. Account of powder and stores of war wanting for the fort and garrison of Nassau. Signed, Pr. Goudet, Str. Keeper, John Allen, gunner. Fort Nassau. 1st Jan., 1724/5. 1 3/4 pp.
574. x. Account of powder and stores of war brought by Governor Rogers and Governor Phenney, and what remained 12th Nov., 1721 and 1st Jan., 1725. Signed as preceding. 2 1/2 pp.
574. xi. Petition of the Governor and Council of the Bahama Islands to the King. Refer to raids in 1682 and 1683 by Spaniards from Cuba. Since the last cessation of arms a crew of Spanish privateers under the command of Augustin Blanco of Baracoa (having a commission from the Governor of St. Jago de Cuba) under the same pretension of right to these Islands and their produce landed on Cat Island, made prisoners of the inhabitants and plundered their effects burning, destroying and taking their sloops. Complaint being made to Don Gregorio Guazo Calderon, who stil'd himself Governor and Capt. General of the City of the Havana and Isle of Cuba, he answer'd that the governments of St. Iago and Baracoa were out of his jurisdiction. Describe Blanco's capture of the Snapper and plundering of Islathera as abo?e. The Governor with the Independant Company and negroes belonging to the inhabitants has repaired and made such additional works to the fortifications of the Island of Providence as secures the town of Nassau and harbour from their depredations, but most of the inhabitants subsisting themselves by cutting the dye woods and raking salt on the out Islands where the Garrison cannot protect them, they are liable to the insults and plundering of the Spanish privateers, which hath terrified and driven away divers of the inhabitants to the more No'ern Colonys, and deterrs others from coming to settle amongst us to the great detriment of trade and hindrance of the culture of these Islands. Gun carriages (which we cannot get made here) are much wanted, so that most of the greatest guns are dismounted; the remainder of our powder notwithstanding our greatest care decays, and several species of warlike stores entirely wanting. Pray H.M. to order a small ship of war for the security of navigation, and a supply of warlike stores etc. New Providence, 23rd April, 1725. Signed, G. Phenney, Ken. Fraser, Simon Ferrall, J. Howell, William Spatchers, Richard Thomson sr. and jr., William Jones, W. Fairfax. 1 large p. [C. O. 23, 13. ff. 189–208.]
April 16.
575. Council of Trade and Plantations to the King. Recommend Philip Livingston for the Council of New York in place of Gerardus Beckman decd. [C.O. 5, 1124. p. 357; and (rough draft) 5, 1079. No. 139.]
April 16.
576. Same to Same. Having received a certificate that Depty. Governor Sir R. Everard has given the usual security of £1000 for his observance of the Acts of Trade and Navigation, enclose draught of instructions to the Lds. Proprietors of Carolina relating thereto, "being to the same effect as those given to the Proprietors of other Plantations on the like occasion." [C.O. 5, 1293. p. 344.]
April 17.577. Mr. Attorney and Mr. Solicitor General to the Council of Trade and Plantations. Reply to 13th. We are of opinion that the matross, who fir'd the shot cannot be tried for the death of the mate in any Court of Common Law, but that he ought to be tried either in the Court of Admiralty in Barbados, or by special Commission under the Statute of 11 & 12 W. III, which is now the most known and usual method of proceeding in cases of felonies done upon the sea in those parts. Signed, P. Yorke, C. Wearg. Endorsed, Recd., Read 20th April, 1725. Subscribed,
577. i. Extract of Governor Worsley's letter Jan. 24, relating to the shooting of the mate of the St. Christophers galley. The whole, 2 pp. [C.O. 28, 18. ff 160, 160?., 161?.]
April 19.
578. Duke of Newcastle to the Council of Trade and Plantations. Acknowledges representation of 14th instant, concerning the right pretended by the French to the Island of Tobago, which agrees with the advices I received at the same time from Governor Worsley. I am sensible, that what you have represented upon that head, is of importance to the King's service in those parts, and accordingly I will not fail to move H.M. for his commands upon it. In the mean time it may be proper, that you should let Mr. Worsley know this matter is under consideration, and that, till such time as he shall receive H.M. more particular directions upon it, he should continue to inform himself of the further proceedings of the French upon this occasion, and to insist upon H.M. undoubted right to the said Island. Signed, Holles Newcastle. Endorsed, Recd. 20th, Read 21st April, 1725. 1 1/2 pp. [C.O. 28, 18. ff. 201, 201?., 202?.]
[April 20].579. Enclosed in preceding following letter. Proceedings of Court of Chancery, Barbados, 30th Sept., 1724–19th March, 1725. 15 1/2 pp. [C.O. 33, 27. No. 4.]
April 20.
580. Governor Worsley to the Duke of Newcastle. Encloses Acts passed since 24th Jan., vizt., an Act to repeal Act for laying a duty on wines etc., and an Act for the preservation of fish; Minutes of Council, 29th Dec.–17th March last; of Court of Chancery, 30th Sept.–19th March; and of Assembly, 24th Sept.–13th April, and following. Signed, Henry Worsley. Endorsed, Rd. 10th June. 3 pp. Enclosed,
580. i. List of fines (£23) at the Grand Sessions of Barbados, 8th-11th Dec, 1724. Signed, Cha. Browne, Dep. CI. Cor. 3/4 p.
580. ii. List of cases (12) at above Sessions. Signed as preceding, 1 1/2 pp. [C.O. 28, 44. Nos. 93, 93, i, ii.]
581. Same to the Council of Trade and Plantations. Duplicate of preceding. Signed, Henry Worsley. Endorsed, Recd. 10th, Read 23rd June, 1725. 3 pp. Enclosed,
581. i. Duplicate of Encl. i preceding. [C.O. 28, 18. ff. 213–215, 216?.]
April 21.
582. Mr. Popple to Mr. West. Encloses, for his opinion in point of law, Act of Barbados, 1724, for laying an imposition upon wines, etc. [C.O. 29, 14. p. 410.]
April 21.
583. Same to Mr. Burchett. My Lords Commissioners directed me to send some of the Heads of Enquiry to Capt. St. Lo, for his particular answer, but as he is gone out of town etc., I am to desire you will remind him thereof. Encloses following.
583. i. Heads of Enquiry for the Commodore of the Newfoundland Fishery. The same as usual, with addition of Article 51:—And whereas George Skeffington has erected a salmon Fishery in Freshwater Bay, Ragget Harbour, Gander Bay and Dog Creek, and a second is since erected by other persons at Grand Salmonier, Little Salmonier, etc., which may prove of advantage to Great Britain, it will be necessary that you give all due encouragement and protection to that undertaking, whereof you will inform yourself, and transmit the fullest account you can to the Lords Commissioners for Trade etc., and Article 52:—And whereas it appears by an Association entred into by the inhabitants of the Harbour of St. Johns, and several proceedings had thereupon in the winter between the fishing seasons in 1723 and 1724 etc., that they have elected three persons there, to administer justice amongst them during the winter season who have thereupon exercised a judicial authority as well concerning the rights of private property and possessions in question or dispute between the inhabitants there: as also in inflicting corporal punishments on criminals; you are therefore to make dilligent enquiry into the proceedings of this voluntary new Association, that due care may be taken to prevent any ill consequences from thence to such of H.M. subjects as shall remain in the sd. Island, during the winter seasons. [C.O. 195, 7. pp. 134–136.]
April 24.
584. Mr. Popple to Mr. West. Encloses 22 Acts of New York, titles given, 1723, 1724, for his opinion in point of law. [C.O. 5, 1124. pp. 358–363.]
April 26.
585. Capt. St. Lo to Mr. Popple. Encloses following, "When I return next to England, I hope to give their Lordps. a more full acct." Signed, Jon. St. Lo. Endorsed, Recd. 27th April, Read 23rd June, 1725. Postmark. Addressed. 1 p. Enclosed,
585. i. Answers to Heads of Enquiry, (i) No French inhabitants are remaining at St. Peters. At Placentia there are about 25 French and those servants to our Planters and are subject to our laws. (ii) Have been informed by the Governors of Placentia that the French do hunt and furr sometimes in the Bay of Fortune and D'Espoir. Signed, Jon. St. Lo. 2 pp. [C.O. 194, 7. ff. 267, 268?., 269, 270?.]
April 26.
St. James's.
586. H.M. Warrant to Mr. Attorney and Mr. Solicitor General. Recites petition for erecting a College in Bermuda, (?. 16th Feb.) with reports of Council of Trade and Attorney and Solicitor General upon it, "proposing some alterations in the scheme thereunto annexed, which we have thought fit to approve." Concludes: We taking the premisses into our Royal consideration, and being willing to encourage a design tending to the propagation and advancement of true religion, piety, good manners, and usefull learning among Our subjects in the plantations in America and the neighbouring Nations of Indians, are graciously pleased to condescend to the petitioner's request. Our will and pleasure therefore is that you prepare a bill for Our royal signature to pass Our Great Seal containing Our Charter for the founding, erecting and incorporating a College in Our said Islands of Bermuda, with all such powers, libertys, privileges, advantages and restrictions as are contained in the Scheme or Schedule of Heads hereunto annexed; and you are to insert in the said bill all such other clauses and provisions as are usual in grants of the like nature, or as you shall think requisite and necessary to make this Our intended Charter most full and valid in the law, and most effectual for the purposes abovementioned. Countersigned, Holles Newcastle. Annexed,
586. i. A Scheme or Schedule of Heads to be inserted in a Charter for founding, erecting and incorporating a College in the Islands of Bermuda. That in order to propagate the Gospel among the savage Americans, and for the better supplying of churches in the foreign Plantations, there be a College consisting of a President and nine Fellows founded in Bermuda by the name of St. Paul's College. That Dr. George Berkley be appointed President of the said College; that the three first Fellows be William Thomson, Jonathan Rogers, and James King; That the said President and the majority of the said Fellows chose the rest to the number of nine, which election so by them to be made, shall nevertheless be subject to H.M. Royal approbation. That the said Society be obliged to educate the savage Americans, and supply them with cloths, lodging and diet at the rate of £10 per annum for each. That upon a vacancy the naming a new President from among the aforesaid Fellows be reserved to H.M. and his successors for ever. That upon Fellowships becoming vacant, new Fellows be elected by the President and majority of the Fellows within a year after the vacancys happen, otherwise they be appointed by the Right Reverend Father in God the Lord Bishop of London for the time being. That the said College be an incorporate body empowered to receive or purchase lands, tenements or hereditaments not exceeding in the whole 1000 acres of land in the said Bermuda Islands, and that their revenue in any other part of H.M. Dominions do not exceed £2000 a year, to plead and to be impleaded, to keep a common seal, and to do all those things, that any other person or lawfull subject is empowered to do. That the said President and Fellows shall have power to make statutes from time to time for the better government of the said College, etc. The Visitor to be the Bishop of London, and the Chancellor, H.M. Principal Secretary of State. That the College have a power of conferring degrees, performing acts and chosing academical officers etc. Other regulations as to ordering the College. Concludes: That the said Society be obliged to send over a yearly account of the number and progress of their scholars, their statutes and remarkable incidents to the Chancellor and Visitor. That the said President and Fellows or any of them having benefices or preferments in Great Britain or Ireland, be allowed to be absent from such benefices or preferments during the space of a year and a half from their arrival in Bermuda, during which time of absence they shall be empowered to enjoy and receive the same advantages from their preferments in these Kingdoms, as if they were not so absent, provided always that the said preferments or benefices are of such a nature as that they may be legally dispensed with by us, Our Heirs and Successors in the manner aforesaid. That all in office under H.M. be required to give aid and assistance to the protection and preservation of the said College. [C.O. 324, 35. pp. 118–125.]
April 27.587. Mr. Popple to Mr. West. Encloses, for his opinion in point of law, 5 Acts of Jamaica, passed in Nov., 1724. [C.O. 138, 17. pp. 27–29.]
April 28.
588. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before H.M. Autograph signatures. 1 p. Enclosed,
588. i. Council of Trade and Plantations to the King. Representation upon petition of Wm. Frye. Quote their letter to Governor Hart (?. 20th Aug., 1724). Conclude: Since which having heard nothing from Col. Hart, we would humbly propose to your Majesty, that Mr. Frye may be restored to his place in Council, etc. Autograph signatures. 3 2/3 pp. [C.O. 152, 40. Nos. 14, 14 i; and 153, 14. pp. 186–189.]
April 28.
589. Mr. Popple to Col. Sadler. Enquires whether he has any licence to be absent from the Council of Jamaica, and whether he intends to return etc.A similar letter was written to Capt. Gregory and Col. Risey. [C.O. 138, 17. p. 30.]
April 28.
590. Council of Trade and Plantations to the King. Recommend Richard Mill to succeed Mr. Bernard, resigned, in the Council of Jamaica. [C.O. 138, 17. pp. 30, 31.]
April 29.
591. Council of Trade and Plantations to the King. Recommend Ralph Weeks and Abel Allen for the Council of Barbados in the room of Mr. Elliot and Mr. Carter decd. [C.O. 29, 14. p. 411.]
April 29.
592. Mr. Popple to Mr. Burchett. Encloses extract of another letter from Governor Worsley, relating to Capt. Cooper. [C.O. 29, 14. p. 411.]
April 29.
593. Council of Trade and Plantations to Governor Worsley. Acknowledge letters of 18th Oct., 16th Nov., 1724, and 24th Jan. 1725 etc. Continue:—So soon as we have the opinion of Mr. West upon the Excise Act we shall lay the same before H.M. etc. We have sent extracts of your letters in relation to the French and Tobago to the Duke of Newcastle etc. This matter therefore being at present under H.M. consideration, till you shall receive more particular directions therein, it will be necessary that you should continue to inform yourself from time to time of the further proceedings of the French, of which you will advise us, and that you should insist upon H.M. undoubted right to the said Island. We have also sent extracts of what you have written in relation to the behaviour of Captn. Cooper to the Lords of the Admiralty, which we doubt not will have proper weight with their Lordships. Quote opinion of the Attorney and Solicitor General as to the method of trying the matross who shot the mate referred to 24th Jan. [C.O. 29, 14. pp. 412, 413.]
April 30.
594. Governor Nicholson to the Council of Trade and Plantations. Refers to enclosures and letter of 27th March etc. Continues:—They are preparing copys of the laws past as like-wise the journalls of the Council and Assembly and I hope in God to have the honour of presenting them to your Lordships I designing to embark on board the Cleveland the 16th or 17th of May. The Assembly desired to adjourn to the 11th of May because the time of year required their being at home for to plant their rice Indian corn etc. and there are Committees appointed to draw petitions addresses etc. to his most Sacred Majesty, as likewise the state of this H.M. province, all which I hope to have the honour of presenting to your Lordships and you may be pleased to see in the list of Acts there is one appointing the Honble. Francis Yonge Esq. to be Agent a copy of which I herewith transmitt to your Lordships, as likewise the Commons house of Assembly their Address to him who is your Lordships Most obliged obedt. faithfull, humble servt., Signed, Fr. Nicholson. Endorsed, Recd. 22nd June, Read 18th Nov., 1725. 1 1/4 pp. Enclosed,
594. i. List of laws passed by the present Assembly. Signed, Fr. Nicholson. Endorsed, Recd. 5th July, Read 18th Nov., 1725. 1 1/4 pp.
594. ii. Address of the Commons House of Assembly to Governor Nicholson. 17th April, 1725. Express their great satisfaction in his wise administration and unwearied application for the service of the Province. Desire his good offices in England and wish him a quick return etc. Signed, Tho. Broughton, Speaker. Endorsed as preceding. 1 1/4 pp. [C.O. 5, 359. ff. 298, 298?., 299?.–300?., 301?.–302?., 303?.; and (abstract of covering letter) 5, 406. p. 25.]
April 30.
595. Council of Trade and Plantations to Governor the Duke of Portland. Acknowledge letters of 13th July, 15th Oct. and 30th Dec. Will consider the Acts enclosed when they receive Mr. West's opinion. Acquaint him with their proceedings in relation to the Revenue Bill, the bill for augmenting his salary and appointment of Councillors (April 28, May 5). [C.O. 138, 17. pp. 32–34.]