America and West Indies
August 1710, 1-14

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Institute of Historical Research

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Cecil Headlam (editor)

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1924

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152-161

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'America and West Indies: August 1710, 1-14', Calendar of State Papers Colonial, America and West Indies, Volume 25: 1710-1711 (1924), pp. 152-161. URL: http://www.british-history.ac.uk/report.aspx?compid=73835 Date accessed: 25 July 2014.


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August 1710, 1-14

[Aug. 1.]329. John Phillips to the Council of Trade and Plantations. John Bridger, Surveyor of H.M. woods in America, is guilty of bribery and corruption, and making devastation of the woods he was sent to preserve, by selling liberty to the common people to cut what trees they please, and for reward permitts some to send royall masts out of New England without permission from H.M., particularly £50 for a ship load of such masts was lately paid him by a person now in England. Refers for information to James Oliver, a mercht. of New England, to be heard of at the Sun coffee house in Threadneedle Street; James Collins of London, mercht.; and Henry Newman, a gentleman a New England, who lodges over the staircase at Whitehall, etc. Signature torn off. Endorsed, Recd. Read Aug. 1st, 1710. 1p. [C.O. 5, 865. No. 48; and 5, 913. pp. 250, 251.]
Aug. 1.
Antigua.
330. Governor Parke to the Council of Trade and Plantations. I have (cf. July 29) onely time to informe your Lordshipps that Mr. Nevine and the complainants have finished the affidavitts as villanously as they began their complaint, the Queen's Order directs three dayes notice to be given that each party might be there to cross examine, yet they took their affidavits at the rest of the Islands, at the same time they took them here, and tho' they were to take them publickly, yett they have taken severall privately, so that I can't so much as learne what they are, they trifled away the time after such a manner, that I did not think they had any designe of sending any by this man of warr, they chose for the Justices one Crump that is a leading man among the complainants, and has subscribed the Articles, and Coll. Byam and Coll. Codrington, both these were formerly my friends and have given it under their hands, since the complaint, that I had behaved myself like a dilligent good Governor, and had not been guilty of any male-administration, but Col. Byam had a suit depending in Chancery, and made a decree against him, and Col. Codrington counterfeited my hand and falce indorsed a cocket, for which I reprimanded him, so these two were made my enemies, which was the cause they were chose to take the affidavitts. I shall by the packet take depositions relating to the whole proceedings, which will informe your Lordshipps of their partiallity, and for a finishing stroke they refused to examine what depositions I had taken till after the Fleet sayled, and yett impudently demanded the seall to theirs, tho' they never brought them till a few hours before they went on board, yett the Order says copies shall be given interchangably and then the seall fixt, which I offered tho' I had above fifty affidavitts to take, they gave me their last Articles but the afternoone before they went on board, so that it was impossible for me to take affidavitts to answer, for by the Order three dayes notice is to be given before any are to be taken, they went to severall Majestrates to take the Justices affidavitts, that they had examined all their depositions that they were true coppys, all the Majestrates refused them, because they no ways had obeyed the Queen's order, but at last they went to the Lieut. Governor and bullyed him to take their affidavitts, who also lett Mr. Nevin put his own seall to the labell so that he may when he pleases ad what he thinks fitt to them. I am at the charge of a vessell to send this after the Fleet, with such affidavitts as I could perswade those Justices to examine and gett ready. I hope by the packett to send the rest, and when that is done if any one impartial man does condemn me I will be content to loose my head, and when I have finished my answer, I will pursuant to the Queen's Order come in the first man of warr, I desire to be fairly heard, and if I am found guilty let me be punished, if innocent then I ought to be rewarded, and those assassinating villains (that have made all this clamour without any just cause) punished, and I hope the English Parliament will make such lawes for them as will make them honest and pay their debts, for I am very sure whoever is my successor, if he be an honest man and has regard to his Instructions, and maintains the Queen's Prerogative, keeps them from clandestine trade, and endeavours to make wholesome laws will have the same fate I have had. P.S. I begg your Lordshipps wou'd deliver the papers and affidavitts to my Agent (Mr.Perry) not knowing how to send them otherwise safe than by sending them to your Lordshipps. Signed, Daniel Parke. Endorsed, Recd. 11th, Read 26th Oct., 1710. 3pp. [C.O. 152, 9. No. 32; and 153, 11. pp. 70–73.]
Aug. 1.
Antigua.
331. Same to the Earl of Sunderland. Duplicate of preceding. Signed, Daniel Parke. Endorsed, R. Oct. 16. 3 pp. [C.O. 152, 42. No. 28.]
Aug. 1.
Barbados.
332. Col. Lillington, President of the Council of Barbados, to the Council of Trade and Plantations. Refers to letters of June 11 and 25, and July 9. Continues:—This is to accompany the inclosed papers by H.M.S. Greenwich. This Island still remains under the ill effects of the dispute between the Councill and Assembly in the appointment of a Treasurer, by which the Government is without any Revenue to provide for any emergencies. I pray your Lordsps.' favour in the quickest dispatch of H.M. pleasure and determination of this controversie, and that it may soe settle their severall pretensions that they may not for the future produce such mischievous and dangerous consequences. The Councill have ordered the severall deputies to attend att their next sitting when the merritts of the enclosed memorial by Tho. Hodges, (No.iv.) will be examined. The papers which I recd. from your Lordships June 22 relateing to the illegall trade to Coresaw, I delivered to the Attorney Generall, who has promist [that] as soon as the coppy of proceedings in the Admiralty can be taken out, to give me an accott. in writing of what has allready been done in that matter, and what may be fitt to be done for the future, which I intend to remitt to your Lordships by the next conveyance. Signed, G. Lillington. Endorsed, Recd. 19th, Read 26th Oct., 1710. 2pp. Enclosed,
332. i. List of mills and negroes in Barbados. Mills 409. Negroes, 52,337. Signed, G. Lillington. Endorsed, Recd. Oct. 19, 1710. 1p.
332. ii. List of Christenings and Burials, Jan. 1st to July 31st, 1710. Christenings, 201. Burials, 140. Signed and endorsed as preceding. 1p.
332. iii. List of persons qualified to serve on H.M. Council:—Col. Saml. Barwick, Jas. Aynsworth, Brigr. Tho. Maxwell, Edmond Sutton, Col. Thos. Horne, Guy Ball, Coll. John Lucie Blackman, Col. Fra. Bond, Col. Thos. Maycock, Richd. Worsham, Jos. Hole, Capt. John Downes. Signed and endorsed as preceding. 1 p.
332. iv. Memorial from Mr. Hodges, Attorney General of Barbados, to the President and Council, relating to the behaviour of the Provost Marshal by his deputies. Endorsed as preceding. Copy. 14 pp.
332. v. Table of customary fees for the Secretary's Office. 2½ pp.
332. vi. Table of fees in Chancery. ¾ p.
332. vii. Table of fees of H.M. Remembrancer in the Court of Exchequer. 1½ pp.
332. viii. Table of fees of Provost Marshal and Serjeant at arms. 1p.
332. ix. Duplicate of preceding.
332. x. Table of fees of Clerks of Courts of Common Pleas. 1¾ pp.
332. xi. Table of the fees of the Register of the Court of Admiralty. ¾ p.
332. xii. Table of the fees of the Marshals of the Courts of Common Pleas. 1½ pp.
332. xiii. Table of the fees of the Clerk of the Crown and Peace. 2pp.
332. xiv. List of causes depending in the several Courts of Barbados in July, Aug., 1710. 30 pp.
332. xv. Account of stores in the Magazine at Barbados July 1, 1710. Endorsed, Recd. Oct. 19, 1710. 1 p.
332. xvi. Naval Officer's List of Ships in Barbados, etc. Dec. 25, 1709—March 25, 1710, for the Plantations only. Ships, 17. Endorsed as preceding. ½ p.
332. xvii. Naval Officer's List of Ships etc. in Barbados, March 25 to June 25, 1710. Ships, for Britain, 12, for Plantations, 41, Sugar; Britain, 3351 hogsheads, 402 tierces, 397 barrels. Plantations 19h. 14t. 481b. Cotton; Britain 335 bags, Plantations 29. Ginger; Britain, 931 bags. Rum; Britain 134 hds., 2 tierces 32 barrels; Plantations, 1718 hds., 1046t., 702b. Molosses; Britain, 68 hds.; Plantations. 425 hds., 53 tierces, 94 barrels. Limejuice; Britain, 3 hds., 2 tierces, Plantations, 14 barrels. White sugar; Britain, 33 hds., 37 tierces, 18 barrels; Plantations 33 hds., 37t., 18b. Goards Alloes, Britain 122. Same endorsement. 1 p. [C.O. 28, 13. Nos. 45, 45 i.-xvii; and (with enclosures xvi. and xvii. only), 29, 12. pp. 306–313.]
Aug. 1.
Barbados.
333. Col. Lillington to the Earl of Sunderland. The inclosed is a list of the disposall of the French prisoners on board ye severall ships bound for Europe under convoy of H.M.S. Greenwich, Burlington and Hector, whom ye severall Captains have engaged to deliver at ye prison of ye first port they shall touch at in Great Brittaine, for which I have their rects. Signed, G. Lillington. Endorsed, R. Oct. 21, 1710. Addressed. 1 p. [C.O. 28, 43. No. 43.]
Aug. 4.
Kensington.
334. H.M. Commission to John Pearne, to be Lt. Governor of Montserrat, with such powers and directions as are exprest in our Commission and Instructions to the Governor of the Leeward Islands, whose orders you are from time to time to observe. Countersigned, Dartmouth. [C.O. 324, 32. pp. 11, 12.]
Aug. 5.
Boston.
335. Lt. Governor Usher to the Council of Trade and Plantations. Lastt year gave accott. Assembly of seven years standing would nott raise money for paying just debts, butt raise for Agency; that Assembly being dissolved, a new one chosen, men of loialty, of estates, are willing to pay province debts, but noe more for Agency. Judging itt my duty to se the province, hearing of theire circumstances, as in my speach, gave them a vissitt. They had the civility to give an answer, wch. answer being contrary to Mr. Walderen's minde, more espetially because in former Assemblys, he consulted wth., and drew up there votes, and nott now: you have a reflection on Assembly, wch. by them ill resented. In Representatives' voate: We hope you will still continue proper methods for defence frontiers, Captains att that very time attending me, and consulting therein being occation of there soe adressing. The Governour did take effectuall care, and gave full directions to Col. Hilton (whoe is since kil'd by the Indians) Major Smith, and to consult wth. Mr. Walderen and Capt. Garish, and perticuler directions to Capt. Davis, wth. 40 men to scout, whilste had provistion, he scouted, wanting 3 weeks provistion, could not march, and knew of none, till I did come into the Province, in Governor's absence care nott taken, enemy everywhere insulting and dareing to come outt of theire garisons, and laid wooden swords att theire doors, in all this time Mr. Walderen takes care of his own and neglects the whole demanded of Treasurour as to provistions had sent itt up to Walderen and Garish, neither Walderen, Garish or treasuror acquainted Capt. Davis with itt, and knew nothing till I came into province, reflections, if any, due to them, butt for vindication imposes itt to be on H.E. Being in province finde many minuitts Councill without Governour, Lt. Governour or presidentt (se minuitts Feb. 13, 1707, March 21, 1709. Feb. 6, 1709/10, and Feb. 11, 1709/10, as to £500.) Councill are of opinion, if any 3 or 4 metes they are a Councill, and as full power as Governour in Councill: declareing itt wrong; said they aprehended soe and accordingly should actt: asked Secretary; why did nott in minuitt enter presidentt. Answer, could nott because contrary to orders from Queen: first in Councill nominated to be president: two or thre metes as often as pleas, pas Acts wthoutt President tho in the Province, they released one in prison for rates wthout paying, hope check to their proceedings and makeing voide all there Acts as irregular: for Peter Coffin is named firstt in Councill. I formerly gave accott. Walderen admitted into Councill, wthout warant from Secretary's Office and royall signett, persuantt to order in Councill: five years sd. Walderen, stood aproved of att Councill board, H.E. gave him notice, mony was wanting to pass through the offices, writt for itt, Mr. Walderen refused and craved excuse. Sd. person noe principles of loyalty, tho' greatt pretender thereto. An Act for some time of 1s. 6d. a thousand on boards broughtt in £300 per annum many times motion made for same, Mr. Walderen obstructour for private interestt, he formerly governing Assembly, ytt. altered, expects governing Councill, already setting himselfe up as Lt. Governour. The Councill speaking there mindes as to reflections on Assembly, I ordered Secretary to draw up a minuitt, accordingly did. Wth. unbecomeing cariage Mr. Walderen said was nott full enough, ytt. he was drawing one, told him, was Secretary's place, and if he would write, every Member in Councill should write theire mindes, replyed had drawen one up and was minde Councill, wch. was read and past frely by all, salveing Capt. Hunckins: outt of Councill hatt chaire etc. exspect my respectt unto. Councill ordered to mete att 10 a clock Councill paying respectt to him and waiting on him, att 11 (noe person dareing shew respect in goeing wth. me to Councill Chamber) I wentt, waited till 12, then comes Mr. Walderen, wth. other of Councillours (after I had waited an hour) from his lodgings, sett in Councill, and adjourned to Fryday att 10; waited till 12; wentt to Councill Chamber, found butt two, adjourned to Wensday following, Walderen att his lodgings, theire staid, dined, and aboutt one enquired, if Councill adjourned, answered yes, all exscuse, why did nott you send for me. Affrontts many, and ill example to H.M. subjects, he being admitted wthoutt royall signett, hope will be dismistt. As for Capt. Hunckings, he knew nott of his allowance, before a freind brought minuitt Councill for his aprobation, as bin informed, judge him a person of loyall principles, onely civill person in Councill, if H.M. pleas to continue, shall esteme itt as an act of grace, aprehend may be for H.M. service. Being in province greatt murmuring for greatt sums for Agency, same purely for private perticuler interestt, I demanded George Vaughn's accotts. of Secretary, answered was nott on file, and did never se them, accotts. lodged wth. Assembly, I did gett the accotts. copy thereof herewth. send, finde in two articles £158 2s. 6d. for Solicitors, Councillors, Clark, waiters and foottmen, Assembly desired accott. perticulers, he refuses to give. Did judge accotts. properly to be presented to Governour and Councill for theire satisfaction, in ordering mony outt of Treasury, and to lay on file, butt I may be mistaken. My Lords being offered £400 per annum for dutys on boards as afore recited, if be recomended for supportt and defraying charges of Governmtt. haveing now an Assembly ytt. will nott be bigotted, judge will pass an Act for same, the wch. with a quitt rentt for mills and lumber will be worth £600 more. Theire is Capt. Garish, Mr. George Jeffrey, Capt. Theodor Adkinson, may humbly offer persons for Councilours, being persons of estate and loyall, butt being in Assembly judge att presentt moste for H.M. service there to be continued. H.E. is pleased to tell me when I goe into province, I putt all in a flame. If enquireing into truth of matters relateing to Govermtt., and makeing a true representation thereof to your Lordships be a crime, I must knock under the table, and till sencible thereof, shall goe on in discharge of my duty, for my Lords never had one peny for my charge and pains, nay nott pd. for paper and inck wch. your Lordps. have had the trouble of att charge of province. I inclose copy minuitt as to reflections drawen by Secretary and read butt nott allowed of, and minuitt drawen by Mr. Walderen allowed of, wch. being soe worded, lookes tending to create an ill opinion of Assembly wth. H.E., of my own knowledg Assembly for above 20 years never soe loyall and justt an one as now. Signed, John Usher. Endorsed, Recd. 20th, Read 23 Nov., 1710. Holograph. 1¾ closely written pp. Enclosed,
335. i. Lt. Governor Usher's Speech to the Council and Representatives of New Hampshire, Aug. 23, 1710, with their reply. Endorsed, Recd. Nov. 20, 1710. Copy. 1½ pp.
335. ii. (a) Lt. Governor Usher's Computation for New Hampshire quitt-rentts, for mills, timber, lands, lumber and ferries etc. £1700 per annum.
(b) Copy of the Minutes drawn by the Secretary and Mr. Walderen, referred to in preceding.
(c) Copy of George Vaughan's accounts as Agent for New Hampshire in England. Feb. 27, 1709 (10). The whole endorsed as preceding. 3 pp. [C.O. 5, 865. Nos. 52, 52 i., ii.; and (without enclosures) 5, 913. pp. 270–277.]
[Aug. 6.]336. Stephen Duport to [?the Earl of Dartmouth]. A proposal relating to St. Kitts. It appearing by the 16th Article of the printed preliminaries for a Generall Peace made in May, 1709, that the most Christian King shall yield to Great Brittain whatever he is possessed of in Newfoundland, and whatever countries, islands, fortresses and colonies, which have been taken on both sides in this war, in what part soever of the Indies, shall be restored by both, the proposer observes that St. Kitts is now wholly in H.M. possession, it is the best of the Caribbee Islands in climate and soil; and the division of the Island between H.M. subjects and the French has continually afforded opportunities of carrying on illegal trade, not to be prevented while it is so divided; and H.M. subjects have been often exposed to the dismal and fatal changes of fortune whereby many have lost their lives, and more from a flourishing condition have been entirely ruined. The Councill and Assembly have lately addressed H.M. that the whole Island may remain to the Crown. But if H.M. should not think fitt to insist thereon, proposer asks to be authorised to treat with a subject of the French King for the purchase of all the lands and plantations formerly belonging to the French, etc. Signed, Ste. Duport. Endorsed, Read Aug. 6, 1710. laid aside. 2¼ pp. [C.O. 152, 42. No. 30; and (duplicate. Endorsed, R. Aug. 31.) 38.]
Aug. 7.
N'haven.
337. Deputy-Governor Saltonstall to the Earl of Sunderland. I have convened in this town the Generall Assembly of this Colony, in obedience to H.M. commands, March 10, 1709, which I receiv'd under your Lordship's covert, by the Honble. Col. Francis Nicholson, and have communicated those commands to them, who has in the expedition ordered by H.M. the last summer against Canada given so full proof of his zeal to H.M. service, and for the prosperity of these H.M. Colonies. The inclosed Address is humbly offered as a reall testimony of the deep sence we have of H.M. Royall Favour and tender regard to these Colonies, in the Expedition thus ordered; and as nothing shall be wanting on our part for the promoving of it, so we hope the blessing of Heaven will give it an issue answerable to H.M. desire. Signed, G. Saltonstall. 1p. Enclosed,
337. i. Address of the Governor and Company of Connecticut to the Queen. We crave leave humbly to acknowledge your Royall favour particularly to your Colonies in North America in the expedition your Majesty has ordered against Port Royall and for the reduction of Nova Scotia under Col. Nicholson, by whome we have received your Majesties commands relating to our part therein, in wch. we have proceeded with a unanimous and chearfull obedience as well as diligence, and are furnishing out our proportion of men for that service, according to our utmost ability; tho' we are at this time insulted by the French and Indians on our frontiers and oblidged to march against them a considerable number of your Majesties Militia of this Colony. We hope your Majesties Royall purpose of reduceing the part of the northern shore of America, which has been so unjustly possessed by the French to the great prejudice of the Trade and interest of these your Majesties Provinces will be croun'd with that success which has so long augmented the glory of your arms, both by land and sea. That the God of Armies would signalise his Divine goodness by prolonging that course of victories to your Majesties troops, wherever you shall command their service is the prayer of your Majesty's most dutifull and faithfull subjects. Signed, By order of the Genll. Assembly, G. Saltonstall. C. Stanly, Secry. 1½ pp. [C.O. 5, 10. Nos. 223, 224; and (without covering letter) 5, 536. No. 12.]
Aug. 8.
N'haven.
338. Depty. Governor Saltonstall to the Council of Trade and Plantations. I have communicated your Lordships' letter of Jan. 16, 1709/10 to the Councill and Assembly of this Colony, who do with me most humbly thank your Lordships for the favour therein expressed. and your constant regard to the wellfare and prosperity of the same. The mistake your Lordships mention in ours of Jan. 24, 1708/9, relating to the number of our inhabitants, was very surprising, but upon view of the letter itself, kept on file here, we soon perceived the mistake to be in the transcriber of that which was sent your Lordships; for the number of our Militia in the original draught of that letter is but 3500. As to our Laws which we formerly acquainted your Lordships were preparing for the press, the extraordinary occasions of the warr the two last summers in obedience to H.M. commands, has prevented our going through with that work, but we are now setting upon it, and hope to have it in a good forwardness by the next spring; and I shall be very carefull that your Lordships expect have a copie of them, as soon as they come out of ye Press. Signed, G. Saltonstall. Endorsed, Recd. 8th, Read 23rd Jan. 1710/11. 1 p. [C.O. 5, 1264. No. 108; and 5, 1292. pp. 241, 242.]
Aug. 10.
Whitehall.
339. Council of Trade and Plantations to the Earl of Dartmouth. Reply to July 26 q.v. We have no objection to Major Blair, etc. Autograph signatures. 1 p. Enclosed,
339. i. Names of those who recommend Mr. Blair. ½ p. [C.O. 137, 45. Nos. 95, 95 i.; and (without enclosure) 138, 13. pp. 189, 190.]
Aug 11.
Whitehall.
340. The Earl of Dartmouth to the Council of Trade and Plantations. Encloses letter from Mr. Richard Oglethorp, Antigua. You will please to consider the abuses there complain'd of, and what remedy may be best applyed, etc. Signed, Dartmouth. Endorsed, Recd. 12th, Read 25th, Aug., 1710. 1 p. Enclosed,
340. i. R. Oglethorp to the Secretaryes of State. (v. May 19.) Repeats information as to trading with pirates (v. C.S.P. 1706. No. 53.) Signed, Rich. Oglethorp. 3 pp.
340. ii. Copies of sailing and trading instructions, etc. from the owners of the Fidelia to Capt. Tempest Rogers, Sept. 6, 1698, Oct. 1699, Dec. 1697, etc. Signed, Chris. Billop, Charles Noden, C. Hosier, William Morgan, John Trott, Ra. Noden. Endorsed, R. Aug. 12, 1710. 9 pp. [C.O. 152, 9. No. 28; and 153, 11. pp. 59, 60 (covering letter only); and (without covering letter) 152, 42. Nos. 33–36.]
Aug. 12.
Whitehall.
341. The Earl of Dartmouth to the Council of Trade and Plantations. Encloses following for their report. Signed, Dartmouth. Endorsed, Recd. 14th, Read 25th Aug., 1710. 1 p. Enclosed,
341. i. Lord Archibald Hamilton to the Earl of Dartmouth. The present Governor, Council and Assembly of Jamaica having lately represented to the Queen the discouragemts. that the privateers and other inhabitants of that Island lye under upon account of some clauses in the Act for the encouragement of the trade to America, etc., it would be very incouraging to them, if their new Governor could, by a letter or any other warrant whatsoever, be authorized to signify to them (upon his arrival at Jamaica) that there was a design of laying that matter before the next Session of Parliament in order to redress such part thereof as will appear to be truly grievous. Copy. 1¼ pp. [C.O. 137, 9. Nos. 15, 15 i.; and 138, 13. pp. 282, 283.]
Aug. 12.342. Merchants of London trading to Maryland to the Council of Trade and Plantations. Whereas several Laws relating to commerce such as the law for Towns, for reducing the damage on protested bills of Exchange, and that for relief of poore debtors etc., have lately been made in Maryland, and tho' pursuant to your Lordshipps' late report H.M. has repealed those laws, yet thereby the inhabitants of Great Britain trading thither have suffered very considerably. We humbly pray that the Governour of that Province may have Instructions not to assent to aney Act of Assembly relating to Navigation and Commerce except a sufficient term at least 18 months, in time of warr, be allowed in such law before its commencement, soe that H.M. pleasure may be known thereon. Signed, Micajah Perry and 9 others. Endorsed, Recd. Aug. 12th, Read Sept. 22, 1710. 1 p. [C.O. 5, 717. No. 15; and 5, 727. p. 183.]
Aug. 14.
Whitehall.
343. The Earl of Dartmouth to the Council of Trade and Plantations. Refers following for their report. Signed, Dartmouth. Endorsed, Recd. 18th, Read 19th Sept., 1710. Subjoined,
343. i. Petition of Berkley Seymour to the Queen. Petitioner's father, Governor of Maryland, dyed July 30th, leaving a widow, two sons and one daughter, and great debts and legacies to be paid out of his small estate, which suffers very much by his dying abroad. The present war being prejudicial to the Plantation Trade, the employment was of far less profit than usual. He died six weeks after the arrival of a fleet of English merchantships before they were cleared, at which time had he lived to it, he would have been intitled to that years benefit of twelvepence on every hogshead of tobacco exported in the said fleet. Since therefore by this misfortune, the President of the Council there claims one moietie by your Majesties Instructions, while there is no Governour, the other moietie is at your Majesties direction. Prays for the grant of this moietie (as in like cases) till the date of the succeeding Governour's Commission. The whole, 1 p. [C.O. 5, 717. Nos. 13, 13 i.; and 5, 727. pp. 179–181.]