America and West Indies
March 1711, 1-10

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Institute of Historical Research

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Cecil Headlam (editor)

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1924

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401-423

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'America and West Indies: March 1711, 1-10', Calendar of State Papers Colonial, America and West Indies, Volume 25: 1710-1711 (1924), pp. 401-423. URL: http://www.british-history.ac.uk/report.aspx?compid=73852 Date accessed: 26 July 2014.


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Contents

March 1711, 1-10

March 1.
St. James's.
686. Order of Queen in Council. Approving Representation of Feb.22, relating to the boundaries between Virginia and Carolina, and ordering accordingly. Signed, William Blathwayt. Endorsed, Recd. Read March 6, 17 10/11. 1¼ pp. (Set out, A.P.C. II. pp. 588–593 q.v.) [C.O. 5, 1316. No. 56; and 5, 1363. pp. 262, 263.]
March 1.
St. James's.
687. Order of Queen in Council. Confirming an Act of New Jersey ascertaining the place of sitting of the Representatives, etc. Signed, Edward Southwell. Endorsed, Recd. Read March 12, 17 10/11. 1½ pp. [C.O. 5, 970. No. 100; and 5, 995. pp. 140, 141.]
March 1.
St. James's.
688. Order of Queen in Council. Approving Representation of Feb. 22, and confirming appointment of Charles Craven accordingly, the Council of Trade to take care that he gives good and sufficient security etc. v. Feb. 22. Signed, William Blathwayt. Endorsed, Recd. 5th, Read 6th March, 17 10/11. 1½ pp. [C.O 5, 1264. No. 112; and 5, 1292. pp. 267, 268.]
March 1.
St. James's.
689. Order of Queen in Council. Upon Mr. Keen's Memorial (v. Jan. 26, 31 and Feb. 2), the same is referred to the Board of Ordnance and the Board of Trade, who are to stop any pay due to the late Major Lloyd, and are to be carefull to prevent such abuses for the future, etc. Set out, A.P.C. II. pp. 634–7. Signed, Edward Southwell. Endorsed, Recd. Read March 5, 17 10/11. 2¼ pp. [C.O. 194, 5. No. 4; and 195, 5. pp. 202–206.]
March 1.
Whitehall.
690. Council of Trade and Plantations to the Queen. Quote Mr. Cunynghame's letter Nov.— 1710 q.v., relating to the Revenue Bill of St. Christopher's. Continue:—On Oct. 23rd that Bill was sent up to the Council, who return'd it to the Assembly with some amendments and wth. their reasons for such amendments. The first amendment was, by leaving out the premble, whereby the Assembly assum'd to themselves the sole right of giving money contrary to ye ancient usage as well of the Assembly as (? of) St. Christophers, as of all the other Leeward Islands. to which the Assembly answer'd that they insisted on it as their sole right to give mony, from hwich right they diclar'd they wou'd not depart. The said Bill enacts, that all sugars transported from St. Christophers to any other of your Majesty's Leeward Charibbee Islands shall pay for every hhd. 40s. current mony. The Council made an amendment by leaving out hte 40s. per hhd. and istead thereof for every tun of sugar there shou'd be paid 6lb. weight of gun powder, for the use of the garrison there. The Assembly disagreed to this amendment alledging, that as they intended by that Bill to raise a Revenue for repairing the fortifications and support of ye Government, they were the only judges how such Revenue should be rais'd. The Bill further provides that ye Treasure of the Island shall be accountaqble to the Commander in Chief, the Council, and to the Asembly, or either of them, for all publick mony's by him paid. The Counicl left out or either of them, as being inconsistent with your Majesty's Instructions, whereby the Governor is requir'd "not to permit any clause to be inserted in any law for levying mony or the value of mony by wch. clause such mony or value of mony shall not be made liable to be accounted for unto your Majesty in this Kingdom and to your Majesty's High Treasurer or Commissioners of the Treasury for the time being." Whereas those words, or either of them, being in the disjunctive, it wou'd be judged sufficient for ye Treasurer of that Island to account to ye Assembly only. To this amendment the Assembly did likewise disagree and gave ye follwoing reason, That should ye Treasurer be supported to ye prejudice of the publick by either House ye other might have power to call him to account. This being the state of that matter, we humbly offer that your Majesty's Royal pleasure be signify'd to the Governor or Commander in Chief of the Leeward Islands for the time being to represent to the Assembly of St. Christopher's your Majesty's tender regard for the good and welfare of your subjects of that island, in so many that your Majesty is greatly concen'd to find that such disputes have been occasion'd by the Assembly, whereby the pasing a law for raising a supply so necessary for their securuty, during the prsent war, ha sben obstructed, and that therefore he be requir'd in the most effectual manner to recommedn to thyem the passing as Act for granting a supply to your Majesty suitable to the present services of yt. your Majt's. Government, and yt. in such law no clause or matter be contain'd wch,. shall be lyable to any of the llike objections, yt. were made to ye foresaid Bill lately dropt there, or yt. shall be judged to derogate from the just and undoubted rights of your Majesty's Imperial Crown of this Realm. And whereas we find that on June 5, 1704, an Act was passed in that Island for ye Treasurer's receiving and paying the publick stock, wherein is contain'd a clause, "and such Treasurer shall not cause any payment ot be made out of the publick stock without an order sign'd by the Governor or Lt. Governor, two of the Council, the Speaker and two of the Assembly," which power thereby given to the Assembly is contrary to your Majesty's express pleasure, signifyed in your Majesty's Instructions to the Governor, that "no publick mony whatsoever be issued or dispo'd of otherwise than be warrant under the Govenror or Lt. Govr's hand, by and with the adive and consent of the council, with permissin nevertheless to the Assembly from time to time to inspect the accounts of all sums fo mony or of the value of mony granted and rais'd by any law of that Island, and to examine in what manner such sums of mony or value of mony have been apply'd;" nor is the like power that the Speaker and two of the Assembly shall join with the Governor or Lieut. Governor and two of the Council in the signing warrants for the payment of mony, allow'd to the Assembly, in any of your Majesty's other Plantations. Wherefore we further humbly offer that your Majesty will be pleased to disapprove and make void the said Act. [C.O. 153, 11 pp. 109–114.]
March 1.
St. James's.
691. Order of Queen in Council. Repealing as Act of St. Christopher's 1704, for the Treasurer's receiving and paying the publick stock. v. preceding, Signed, William Blathwayt. Endorsed, Recd. Read March 12, 17 10/11. 1p. [C.O.152, 9. No. 42; and 153, 11. pp. 121, 122.]
March 1.
St. James's.
692. Order of Queen in Council. Approving of Representation of this day q.v. The Governor of the Leeward Islands to be informed accordingly. Signed, William Blathwayt. Endorsed, Recd. 10th Read 12th March, 17 10/11. 1¼pp. [C.O. 152, 9. No. 43; and 153, 11. p. 123.]
March 1.
St. James's.
693. Order of Queen in Council. Approving Representation of Feb. 16 (q.v.), and directing the Council of Trade and Plantations to draw up heads of a bill to be laid before Parliament for enacting a standing revenue of what has been usually allowed within the Province of New York for the support of the Governor there, and the necessary expenses of the Government according to former Acts of Assembly, etc. Signed, William Blathwayt. Endorsed, Recd. Read March 6th, 17 10/11. 32/3 pp. [C.O. 5, 1050. No. 15; and 5, 1122. pp. 296, 297.]
March 1.
St. James's.
694. Order of Queen in Council. A warrant to be prepared constituting Richard Rigby a member of Council of Jamaica (v. Feb. 26.) Signed, William Blathwayt. 1½ pp. [C.O. 5, 11. No. 58.]
March 2.
St. James's.
695. H.M. Warrants to Governor Dudley for appointing Richard Waldron and Mark Hunkins to the Council of New Hampshire. Countersigned, Dartmouth. [C.O. 324, 32. pp. 60–62.]
March 3.
Whitehall.
696. Lord Dartmouth to the Council of Trade and Plantations. You are to lay before H.M. such accots. as you have received of what the inhabitants of Newfoundland have done for their deffence since the taking of Fort St. John. Signed, Dartmouth. Endorsed, Recd. Read March 5, 17 10/11. 1 p. [C.O. 194, 5. No. 3; and 195, 5. p. 201.]
March 3.
Southampton Square.
697. Arthur Moore to Mr. Secretary St. John. Enclosed is the demand on the Ordnance for both places, upon recolection Col. N. did desire 1000 musquetts and accountremts. more (except swords) which can be noe loss to ye publick, and by the additionall instruct. to ye other place, they are told if more then 1000 men can be raised armes and accoutremts. will be sent per ye squadron. Therefore I have sett downe 2500 musquetts and shall bespeak small accoutremts. Accordingly, unless you are pleased to signifye ye contrary. Signed, Arth. Moore. Addressed. Sealed. ¾ p. [C.O. 5, 1341. No. 15.]
March [3].698. Demand upon the Ordnance as in preceding. Copy. No date. ½ p. [C.O, 42, 13. No. 14.]
March 4.699. Same [? to Same]. I am afraid after all ye care that has been taken the designe is publickly knowne, for I have mett with it every where both Friday and yesterday and in ye perticulars which I knew to be true. Just now came an expresse with the enclosed. I think he has behaved himselfe very right in the answere returned to Dumer: unless a turne can be given imediately in this affaire it is almost impossible it should succeed, and I hope Mr. Chancellor will doe it to Dumer before he receives his letters to-morrow, which I take to be one designe of ye express from Mr. Nicholson. P.S. I beg I may attend your abt. 9 or 10 a clock this evening. Signed, Arth. Moore. 1 p. [C.O. 5, 1341. No. 16.]
[March 3, 4].700. Memorandum of the establishment for the staff on the expedition to Canada, 1711. Copy of later date. ½ p. [C.O. 42, 13. No. 13.]
March 3.
Portsmouth.
701. General Nicholson to Lord Dartmouth. Refers to letter of Feb. 26. I am very much concerned yt. ye ships from ye Downs have not joyn'd us: for I fear that we shall be very much streightened in point of time in those partes, both for raising ye men and getting all things necessary for ye land and sea expedition, but I shall (God willing) do what in me lyes, by using all ways and means possible for ye accomplishing thereof. It is a very great trouble to me, to hear that ye Bills are not payd, etc. Repeats Feb. 26. My Lord Archibald Hamiliton tells me that he hath not yet received H.M. Order about ye Marquis de Sucre (concerning whom I gave your Lordp. a memoriall from Sir William Hodges). I heartily wish that affair was thoroughly settled, because I beleive it would be for H.M. interest. I have this night received a letter of yesterday's date from Mr. Jeremiah Dummer, who writes me thus, vizt., (Last week I spake to Mr. Harley about the Quotas, and he told me that affair must be regulated in New England, but when I replyed that they were determined by ye Royall Instructions he directed me to apply to my Lord Dartmouth because he had ye Plantations under his care. To-day I spake to him and he desired me to give him a memorial of it to be imparted to ye Cabbinet Councill on Sunday. To-morrow I shall do it.) I should be very glad to have your Lordship's commands about Mr. Dummer, for he hath sent me twice his letters for New England, and I have returned them. But if your Lordp. communicated to him ye affair, and gives me leave to carry his letters, I shall, etc. Signed, Fr. Nicholson. 2 pp. [C.O. 5, 9, No. 89.]
March 5.702. Earl of Orkney to the Queen. I entriely agree with the Representation of the Council of Trade and Plantations, March 1st, touching grants of land in Virginia, etc. Signed, Orkney. Endorsed, Recd. Read March 7, 17 10/11. Copy. ¾ p. [C.O. 5, 1316. No. 57; and 5, 1363. pp. 263, 264.]
[March 5.]703. A proposall offered by William Polhampton to the Council of Trade and Plantations. There are four companies allowed to the Province of New York, each of which ought to contain 100 private men, three of which companyes reside at Albany (the greatest security by land to all the Provinces from the enemy at Canada) and the fourth at the fort of New York. These companies by the connivance (or I may say contrivance) of the captains are reduced to less than half that number, for any man may have the liberty to work in what part of the Province he pleases, provided he gives his captain his pay, neither (for a little money) need he want a discharge from the Company, nor when men dye is there any endeavour to recruit, because the captains allways muster their companies full, and H.M. pays accordingly; though they seldome contain half that number, so that, should any attempt be made on either of the said places, there would not be half that resistance as may be at home expected; by which means the captains are enrich'd, the country in danger, and H.M. defrauded of above £2000 per annum. There are at this present two persons actually in London, one of which several years past, and the other some years since were discharged from the said service, yet both are still continued on the musterroll. The mismanagements in the Naval force there are yet more detrimental to the said Provinces, and much more so to H.M., not only because the pay exceeds that of the land service, but by how much the provisions are an addition to H.M. expence, by so much are the frauds us'd more detrimental to H.M. The great wages in all parts of America given to handicraft tradsmen and labourers on shore, and to those employ'd in the merchants service at sea, are a great inducement to sailors to desert H.M. service; and as it is there usual in the winter season, while the ships are laid up, Commanders lending their men for 2, 3 or 4 months voyage, or giving them leave for such a space to work on shore, very much facilitates the escape of those, who before design'd to desert, and gives opportunity to others to be influenc'd to do that which perhaps they never thought on. And indeed whilst a ship lyes up, the coldness of the winters cause such severe frosts, that the access to shore is as easy as if the ship lay on dry ground; so that let a captain be never so circumspect and use his utmost caution to prevent their desertion, he cannot possibly effect it, etc. By which means there have been 40, 50, 60 and more deserters out of a small ship's compliment in a winter, which retards our men of war from making early cruises in the spring, and is an obstacle to their making effectual ones during the whole time of their station; so that the French privateers may with much greater security infest the coast, and prejudice the trade of the said provinces. But then should these run men be kept open on the ship's book for 3, 6, 9 or more months, there is still an allowance of provisions which is a considerable charge. And should some be discharged after all instead of made run, 'twould much aggravate ye fraud etc. To prevent which I humbly offer, that the men of war attending those stations be each winter ordered a cruise to the West Indies, Bahamas, or such other places as may be thought most convenient for the hindrance of desertion, promotion of trade, or annoyance of H.M. enemies; to return back again to their stations in March, which is before any privateers can possibly arrive on the coast. That some fit person be sent over as cheif Muster Master, Clerk of the Checque, or with what other title may be thought proper, to reside at or about New York. That there be allowed three clerks under him, vizt. one at Boston, one at Hampton, and the other at Albany or New York. That the ships whilst in harbour be mustered at least once a week, and the land forces at least once a month, and returns of the musters made as often as shall be thought necessary, etc. etc., and that I having been much in each of these places, and understanding the nature of the business, may be sent over to manage it etc. Signed, William Polhampton. Endorsed, Recd. 5th, Read 6th March, 1710/11. 3½ pp. [C.O. 5, 1050. No. 14; and 5, 1122. pp. 287–295.]
March 5.
St. James's.
704. H.M. Warrant to Governor Handasyd for appointing Richard Rigby to the Council of Jamaica. Countersigned, Dartmouth. [C.O. 324, 32. pp. 62, 63.]
[March 5].705. (? Capt. Walton to the Council of Trade and Plantations. v. March 1st.) A Brief description of H.M. Virgin Islands, which the Governors in Cheif of the Leeward Islands do give a commission for a Lt. Governor to be of although not one of them named in their commissions and are from East to West about 50 leagues with some reasons humbly offer'd shewing why they ought to be taken care of. Spanish Towne hath been settled upwards of 20 years by H.M. subjects and is about 7 leagues in length and about 2 or 3 in breadth, the cheif product thereof is cotton, reckoned the best in all America, some sugar and rumm. Beef Island inhabited by H.M. subjects, the product whereof is tobacco and cotton. Tortola formerly settled by the Dutch who had a good Fort on it, taken by us in the last warr with them, afterwards we setled it, whereon we had severall good sugar works, which were destroy'd by the French, it is now in possession of H.M. subjects, notwithstanding the Dutch in King William's time did all they cou'd to gett it restored. A very good Island. St. Thomas' as it is said by King Charles permission is now inhabited by the Danes were they drive a considerable trade with all nations in America, their being a noble harbour. Crab Island attempted to be setled by the English but drove of by the Spaniards, as fine an Island as any in America for its bigness. Salt Island uninhabited, so call'd from the vast quantities of salt it generally every year produces. Santa Cruz formerly setled by the French whereon they had a good town, and many sugar works, but forc'd to quitt it on account of the warr, now uninhabited, although there is vast quantities of hogs, horses, and cattle on it, an extraordinary good Island. For the rest of the Virgin Islands although their is many of them might be easily improved, yett they serve only as so many Parks for the inhabitants of the aforesaid Islands to keep their stocks on. Amongst these islands is very good fishing, and prodigious quantities of them and of all sorts that the West Indies afoards.
Reasons humbly offer'd why they ought to be taken care of. (1) To preserve the Crown's right in them, and hinder the pretentions of other Nations. (2) Because many of them are as good as any islands in America, and lying so contiguous may be made more advantagious then any Collony H.M. hath. (3) To preserve the trade of the said Islands, which is now lost. (4) It would prevent, if managed by a person that is acquainted, a very considerable clandestine trade carried on at St. Thomas. (5) It would be a great check to piracy. (6) It wou'd be an encouragement to seafaring men in time of peace to settle their by reason of the Fisshery. Endorsed, Recd. Read March 5, 17 10/11. 3 pp. [C.O. 152, 9. No. 38; and 153, 11. pp. 114–117.]
March 6.706. Capt. Walton to [? Mr. Popple]. Having yesterday some concern upon me, when before the board, an conscious to myself that I was not so full in my answers, as I cou'd have been, therefore humbly beg you'l acquaint the Right Honble, the Lords Commissioners, that whenever they shall think fitt, I will be ready to give a more ample account. Signed, J. Walton. Endorsed, Recd. Read March 6, 17 10/11. 1 p. [C.O. 152, 9. No. 39; and 153, 11. p. 118.]
March 6.
Whitehal.
707. Council of Trade and Plantations to Lord Dartmouth. Reply to March 3. We have receiv'd no accounts of any matters relating to Newfoundland since our Representation of Dec. 18, wherein we inserted all that was then come to our knowledge, etc. Autograph signatures. 1 p. [C.O. 194, 23. No. 2; and. 195, 5. p. 207.]
March 6.
Whitehal.
708. Wm. Popple to Mr. Lowndes. Encloses following.
708. i. Draught of a bond for Mr. Craven's observing the Acts of Trade in the Government of Carolina. (v. Feb. 22). [C.O. 5, 1292. pp. 268–272.]
March 6.
Virginia.
709. Lt. Governor Spotswood to the Council of Trade and Plantations. I beg leave to add a few words upon the law passed the last session of Assembly for raising a publick revenue. Amongst the other reasons mentioned in H.M. letter of Feb. 14, 1707/8 for repealing that law made in 1705, H.M. is pleased to take notice that the Naval Officers are only allow'd half fees for vessells belonging to Virginia owners, and is pleased to call it an unreasonable clause: H.M. did in like manner declare that the making three years residence in the countrey a qualification for a Councelor to receive his proportion of the sallary allowed to that Board, was a discouragement to such of H.M. British subjects who might upon the account of trade or otherwise transport themselves to this Colony. Both which clauses are wholly left out of the Act now passed. But there are other Laws still in being, which defeat H.M. gracious intentions in both those particulars. As to that of the Naval Officers' fees, there was an Act passed in the same Assembly in 1705, and still in force, for preventing frauds in the Customs etc., wherein there is the same clause allowing only half fees for the vessels of Virginia owners. And as to the discouragements which H.M. intended to remove from the subjects of her other dominions in coming to dwell here, they are still as much as ever in being, as to what concerns all other persons and officers, while the Act declaring who shall not beat office in this country (made in the same Assembly 1705) doth subsist. These things I thought necessary to lay before your Lordps., and without offerring my own opinion, submitt them to your Lops. better judgement. Your Lordps. will observe that the Law concerning land passed this Session mentions nothing of the manner of granting or termes of seating; so that I think that matter is now upon the best foot it has been of a long time, especially if your Lordps. shal be pleas'd to move H.M. to repeal the Act of Oct. 1666 (v. March 24); and I see no reason why H.M. should be bound up by new laws here, either in the method of granting of land, or in the conditions upon which it is to be obtained, it being certainly most just that H.M. Instructions should be the only law in those cases; since 'tis apparent that those concessions of the Crown in relation to the granting of land, after being passed into laws, have been no longer considered as matters of favour, but as the right of the people. But if those Laws are once set aside, I dont think the people will be dissatisfied (at least they will have no reason) with such conditions as H.M. shal think proper so long as they are not inconsistent with their Charter. After I had staved off the application which the Assembly intended to make to H.M. for restoring to them the ancient termes of taking up land, I thought it necessary to issue a Proclamation (of which your Lordps. will receive a copy amongst other publick papers) to make known to the people the termes upon which H.M. thought fitt to grant them land for the future: and observing the greatest dissatisfactions to arise amongst those who had purchased rights, and by vertue thereof taken up and surveyed their land before any notification that H.M. intended to alter the conditions, and on that account conceived they had hard measure in being abridged of the priviledges wch. the Laws then gave them, by an Instruction ex post facto; I have by that Proclamation left their pretensions to be determined by H.M. Upon which I beg leave to represent to your Lordps. that the case of those people hath in it a great deal of equity. For besides that the taking up their land was on the faith of the Laws then in force, it doth appear that most of them purchased their rights for money paid into H.M. Treasury here, and have been at great expence in making their surveys. Though there were many entrys for land made before the death of Coll. Nott, on which no patents have yet issued, yet the persons that took up the land have had so much time to make improvemts. thereon, that many of them are now ready to take out patents upon the conditions mentioned in H.M. Instructions, so that I believe the number of those who are by this Proclamation remitted to H.M. favour, will not be very considerable, nor their demands great, and therefore I do with all submission take the liberty to recommend their case to your Lordps. with my opinion that the gratifying those few in allowing them patents for their land upon the old terms of seating and planting, will give great satisfaction to the whole countrey, and make them easy for the future under so great an alteration as these new conditions have introduced, and I am the more encouraged to hope your Lordps. will at this time expecially think fitt to favour the Countrey, in consideration of the dutiful behaviour of this Assembly, and the easiness they have expressed under the hard circumstances of their Trade, and the pressures which that has brought upon the countrey, which I do assure your Lordps. are very great. Your Lordps. will find in that proclamation a clause prohibiting the granting of rights for above 400 acres of land untill I am satisfyed of the ability and qualifications of the person desiring them, which limitation being persuant to the plan of the law for granting of land sent in by your Lordps., I hope is not improperly placed in this proclamation, and I shal take due care that your Lordps. intentions therein be punctually followed. I am likewise to acquaint your Lordps. that I have altered the forme of Patents, and made them agreeable to the Queen's Instructions as to the conditions of cultivating, and to the termes of the late Act of Assembly in relation to the forfeiture of the estate upon the non-performance of that condition, or the non-payment of the quitt-rents, and have made the stile of them in the Queen's name. Observing in a letter to the President and Council, your Lordps. were pleased to declare that the Assembly was not dissolved by the death or removal of a Governour, for that the same Royal authority by which it was called did still subsist, I send your Lordps. a copy of the writts issued for calling Assemblys, that if your Lordps. shal find any inconsistency in this forme, (wch. has been long in use) I may receive directions for altering it conformable to your Lordps.' opinion. Notwithstanding all the instances I have made to the Government of Carolina for obtaining a speedy determination of the boundarys, I have not been able to bring their Commissioners to any resolutions, and it plainly appears to me that their chief design is to delay it. I send your Lordps. the copys of the letters that have passed between Coll. Hyde, the Governor of that countrey and me, on this occasion: I must do him the justice to believe he is for his own part very well inclined to bring this affair to a speedy conclusion, but he is upon so precarious a footing there, and his authority so little that he is forced to submitt his own judgements to others whose interests are like to suffer by an equitable determination of this controversie. I send your Lordps. the accompt of the 2s. per hogshead as it was passed last October, but the death of Coll. Digges, H.M. Auditor, hath prevented my sending by this conveyance the accompts of the Revenue of quitt rents, which remain imperfected. By the death of this gentleman, and that of Coll. Churchill, there are now two vaccancys in the Council: if your Lordps. think fitt to move H.M. to fill these vaccancys speedily, I beg leave in the first place to recommend Col. William Bassett, a gentleman who has served formerly in that station with general applause, and has an established good character in the countrey. The occasion of his quitting that station was (as he has confessed to me) to avoid being engaged in publick business, in case a Governor should come hither with whom he could not live in that ease and quiet he so much desires: but I have had the good fortune to cure him of that jealousie, and have prevailed on him to be again of the Council, which I have the more endeavoured, because of the little choice the Country affords of fitt persons to supply the vaccancys of that Board; but as it cannot be expected that this Gentleman will serve now in a lower station than he did before, I hope your Lordps. will restore him to his former rank and precedency, wch. I am satisfyed will not be disagreable to any at that Board. In the 11th page of the Council Journal your Lordps. will find I have with their unanimous advice augmented the sallary of the Clerk of the Council to £100 per annum, which is conformable to a Representation made to your Lordps. by the Governor and Council in 1701. The Council were so sensible of the increase of business in that office, and the present Clerk had gained so much their good opinion, that they waited only the arrival of a Governor to have given him this allowance some years agoe; and as I am fully perswaded that the making the sallarys of officers equal to their trouble, and the rewarding of merit is the best way to promote H.M. service, I hope your Lordps. will not disapprove what is now given to this officer, who I do assure your Lordps. deserves encouragement. This is intended by the Robinson frigat a ship of good force bound for London, and is the first that has sailed hence since the Assembly. I shal about a fortnight hence have the opportunity of a much better conveyance (by the Lyon a ship of 36 guns) to send your Lordps. duplicates of the Laws and other publick papers, etc. Signed, A. Spotswood. Endorsed, Recd. 5th, Read 8th June, 1711. 3¾ pp. Enclosed,
709. i. (a) Proclamation declaring H.M. pleasure, concerning ye granting of land. Signed, A. Spotswood. Williamsburgh, Dec. 8, 1710. (b) Proclamation for a General Fast on Jan. 30th, "the day sett apart by publick authority for commemorateing the martyrdome of King Charles I, … not only for imploring the mercy of Almighty God with relation to that sacred and innocent blood shed as on that day by a cruel and treacherous faction of men in our mother-kingdome of England, but also with relation to our own sins and the greivous sickness which now rages amongst us." etc. Signed, A. Spotswood. Williamsburgh, Jan. 15, 1710 (11). Endorsed, Recd. June 5, 1711. Copy. The whole 4 pp.
709. ii. (a) Col. Hyde, Governor of North Carolina, to Lt. Governor Sportswood. I will lay your letter relating to the boundarys before the Council I hope to-morrow etc. I have forwarded a letter to Mr. Lawson, and am sorry to hear that anything has been acted as is not approved on by you, etc. I have great complaints how they in Virginia drive over the Meherron River great stocks of cattle, which drive stocks of this Colony along with them, and if the owners look after them, they are upbraided with destroying these they have nothing to do with. The Meherron Indians are very insolent and very abusive to our inhabitants, and kill cattle and hoggs of ours, supposing they can have protection from you. I hope you will not countenance anything of that sort, but that there may be a fair decorum kept, till the contraverted bounds be determined, and that you will not proceed in drawing this line till the Commrs. of this place join, which I shall endeavour to forward with all the earnestness I can. Jan. 21, 17 10/11.
(b) Lt. Governor. Spotswood to Governor Hyde. Reply to foregoing. I'm sorry to hear that our Tributary Indians disturb or injure any of H.M. subjects, and shall take care to prevent as much as I can any ground of complaint as to the Maherines; but if those injurys are done to persons within the contraverted bounds, I think they have as little reason to complain as they have right to be there; I'm sure none of them have had any liberty from this Government to take up land in those parts, and I hope the Government of Carolina have had the same regard to their own publick engagements not to suffer any encroachments to be made by the inhabitants of that Province, which we have had the more reason to expect from them out of respect to H.M. in whose behalf that land has all along been claimed. Feb. 3, 1710.
(c) Governor Hyde to Lt. Governor Sportswood. Jan. 29, 17 10/11. I have considered your letter, and am willing to putt a stop to further entrys on the north side of Wicconse, till the meeting of the next Council on March 12th, by which time I expect to have the Lords Proprietors Instructions to their Commissioners laid before us, and till then can give no further answer to that, reserving withall to the present possessors and claimers (by virtue of entry and surveys) their rights which cannot with reason be slighted, because it hath always been taken with good reason to be within this Government, and shall give orders accordingly. I take it to be necessary also to acquaint you, that the Meherron Indians made an agreement with this Government, that they would not claim any land on the south side of Maherine River. Notwithstanding which they have interrupted the present possessors of the lands between Maherine River and Wicconse Creek, requiring them to leave their plantations without delay within three miles of their town, and have been very insolent therein, which they pretend an authority from your Government for so doing, and are encroaching upon the branches of Wicconse, which may with reason be hoped will be check'd by you. I shall press our Commissioners all in my power to forward the matter, so that they and yours may act in conjunction together, and I would perswade myself that you would not precipitate this affair till our Commissioners join yours, and I have ground to conjecture that Mr. Lawson has been or still is under some great disorder, or I should have received an answer to mine, etc.
(d) Lt. Governor Spotswood to Governor Hyde. I communicated your letter (preceding) to the Council, and can't forbear letting you know with how much satisfaction they received the assurance of your readiness to stop further entrys within the contraverted bounds, and to find in Carolina a gentleman whose word can be depended on, after the publick engagments of those formerly in the administration there have proved of no effect, and have been so little regarded that the Surveyor General, who was then one of the Council, and obliged himself under his hand to suffer no further encroachments on the lands in dispute, has been the principal occasion of those that have been committed since. It has been the chief care of those in the administration of affairs here after they understood the pretensions of the Lords Proprietors to hinder the seating of any of the inhabitants of this Colony on the land in controversy, to which purpose orders have been issued from time to time to restrain them, and to discourage them the more, it was thought necessary to give publick notice that none who did unwarrantably seat themselves upon th[at] land should be admitted to claim any right, if it should be determined to belong to H.M., and for that reason I cannot agree to what you intimate of reserving to the present possessors and claimers the rights they suppose themselves to have acquired by virtue of entrys or surveys, because no such entrys or surveys ought to have been made before the bounds had been ascertained. there being no reason why that land should be taken to belong to the Proprietors untill the disputes are determined, since the presumption of right till then is much stronger for the Queen, and there's as little reason that the inhabitants of Carolina should be on a better foot than those of Virginia. I shall be very glad to have this matter brought to an issue as soon as may be by the Commissioners appointed, but if you will consider how long it has been in agitation. you will not think there has been any precipitation used in negotiating that in the space of 10 months which might have been done in less than one: and if your Commissioners are left to their own inclinations, I'm apt to beleive according to what they have acted hitherto, they will find excuses to delay it as many years as they have already done months. For my part as I must plainly declare that to proceed with such dilatoriness is not paying a just deference to H.M. commandes. so on the other hand it cannot be for the interest either of the Queen or the Proprietors, since whatsoever has the right must in the mean time lose the benefite of the quitt rents, and that loss together with the destractions among the people through the uncertainty of their titles, will be but slenderly compensated by the private gain of your Commrs. in the imediate surveys, tho' that seems to have been their cheif aim in all their affected delays they have used in this affair. You have yourself been witness how much I have pressed them to proceed, and how little effect I have had of their promise. I have now lately had letters from England pressing a speedy conclusion of this matter. Wherefore I am fully resolved that if I don't speedily hear that your Commrs. intend to proceed in good earnest, I shall order our Commrs, to go on without them, and to prepare the best state of the case they can in order to be laid before H.M. Endorsed, Recd. June 5, 1711. Extracts. 4 pp.
709. iii. Form of a writ for electing burgesses in Virginia. July 6, 1710. Signed, A. Spotswood. Endorsed as preceding. 1 p.
709. iv. Account of H.M. Revenue of 2s. per hhd. in Virginia, Oct. 25, 1709–1710. Total received, £6068 9s. 11d., expended, £1981 17s. 6d. Certified by A. Spotswood, Gov., William Byrd, Receiver General, Dudley Digges Dep. Audr. Same endorsement. 1½ pp. [C.O. 5, 1316. Nos. 61. 61 i–iv.: and (without enclosures) 5, 1363. pp. 275–284.]
March 6.
Virginia.
710. Lt. Governor Spotswood to the Council of Trade and Plantations. Being now to convey to your Lordps.' hands the Journal of the Assembly, with the Laws past in the late session, I beg leave to accompany them with some few remarks. H.M. having been pleased to signify the particular clauses in the former Act for raising a publick Revenue, I have now obtained a new Law to be passed without any of those disagreeable clauses, and I hope it is conformable to H.M. pleasure, since both the sallary to the officers for collecting and the encouragement to the Masters of ships for paying the 2s. per hhd. and other dutys are again settled, upon the same foot as they were by the Act which first raised that Revenue; and that the payment of the tonnage is ascertained according to the rate of admeasurement proposed by the Commissioners of Customs, which is certainly the most easy for the trade and the only practicable way in this country, where the ships cannot be laid dry in order to their mensuration. And tho' there was formerly a law in this country ascertaining the sallary of the Council, yet I have not suffered any such establishment to be inserted in this Act, because it is certainly more agreeable to that dependance wch. they ought to have on the Crown that they should owe their support as well as their promotion intirely to H.M. bounty, and not to claim it by a law here. Upon what your Lordps. were pleased to observe March 26, 1707, I recommended that matter to this Assembly, and an Act is accordingly passed to explain the Act establishing the General Court, wherein, H.M. royal prerogative both in appointing Courts of Record and in receiving appeals from the judgments of the General Court here is fully recognised in the terms your Lordps. were pleased to direct. I was very glad when the complaints from several countys against one clause in the Act past last session concerning the granting etc. of lands gave me occasion to put this Assembly upon repealing the whole. The House of Burgesses, to whom these complaints were first made, prepared a Bill to repeal only that clause giving liberty to the owners of 6 negros to hunt on their neighbours lands: but when it came to be sent up to the Council, I caused it to be stoped there, and prevailed with the Burgesses to prepare a new Bill repealing intirely that former Act. and only re-enacting such parts of it, as regarded the people's own private titles and propertys without medling at all with what concerned the rights of H.M. as to the granting of lands or disposing of escheats; beleiving that the former law was not disapproved for any just advantages it derived to the subject, but for the unreasonable encroachments it made on H.M. Prerogative, of which I have experienced the ill-consequences during my own administration. Having thus far engaged the Assembly in parting with so many advantages, to which they thought themselves intitled by that first Law, I was resolved to add to this, some new ones in behalf of the Crown, for want of which I have abserved great frauds committed to the prejudice of H.M. in her Revenue, and I had the good fortune to accomplish what I proposed with less difficulty than I expected from the contrary interests of some of the most considerable men in the country and of a great part of the Assembly. I shall breifly touch upon the heads of those clauses that are now in this Bill, and which I hope will very much improve H.M. Revenue of Quitt-rents. (1st) That whereas heretofore great tracts of land have been taken up and remained many years uncultivated, the owners in that time never taking any care to pay the quitt-rents, as knowing very well that the Sherif could find nothing on the land to destrain, this law enacts that the non-payment of quitt-rents for three years shall be a forfeiture of the land. (2) It being found that most of the old grants contain a greater number of acres within their bounds than are expressed in the patents, this Act provides that if the present possessor do not give an account to the Sherif of the just quantity of land he holds and obtain rights for the surplus, and pay the quitt-rents due from the publication of this Act, any other person after notice given may survey the land and take out a patent for the surplus. And lastly, that irregular way of application to the General Court for grants of the Queen's land (which may often happen without the knowledge or intervention of H.M. Governor, since by a law now in force that Court may consist only of five of the Council without the Governor) is altered, and as the first application for lapsed lands is now directed to be made to the Governor, so the last resort is likewise to him, and the General Court have no further to do therein, than only to inquire and declare whether the land petitioned for be again reverted to the Crown: which tho' it may seem an inconsiderable circumstance, yet with submission, I cannot but think it of very great consequence to H.M. service; since the dependance which the people ought to have on H.M. Governor would (according to the former practice) in a short time have been wholly transferred upon the General Court; besides the dangerous consequence of admitting that to be claimed in a Court of Judicature as a right which ought to be considered as a matter of favour flowing solely from the Crown. Pursuant to H.M. Instructions, I did at the begining of this Session recommend to the Assembly the finishing the House they had begun to build for the Governor. Upon which they have passed an Act appropriating £2195 for that use. For raising of which sum and discharging sundry publick debts contracted since the last Assembly, which amounts to almost £1800, they have by another Act layed a duty on liquors and slaves for three years. The duty on liquors is the same that was laid the last Assembly: but that on slaves they have thought fitt to advance to five pounds a head, for all imported by water, and 20s. on Indian slaves imported by land; I soon perceived that the laying so high a duty on negros was intended to discourage the importation, and therefore thought it necessary to use the arguments in my message of Nov. 27 (Journal of Assembly), besides my endeavours with particular members for moderating that duty: but they urged what is really true, that the Country is already ruined by the great number of negros imported of late years; that it will be impossible for them in many years to discharge the debts already contracted for the purchase of those negros if fresh supplys be still poured in upon them while their tobacco continues so little valuable, but that the people will run more and more in debt, and must be forced to imploy their hands upon other manufactures. Whereupon finding them unanimously resolved rather to lose the Bill than to go contrary to the general inclinations of the country, I at last yeilded to pass the Act as they had prepared it, after having been assured by the most considerable traders that this duty will be no discouragement to the negro trade, if tobacco becomes valuable, and on the other hand, tho' no duty were laid on negros, the country is not in a capacity to purchase any number while their tobacco is at so low a rate; and that this duty will only affect some few merchants that perhaps may import negros before they are acquainted with the circumstances of the Country, but none that are thoroughly versed in this trade. Since therefore the duty is only for three years, and that it will at least require so much time before the Country can possibly be in a condition to pay off the debts already contracted, I hope the passing this law, which is so necessary for the ease and satisfaction of H.M. subjects here, will not be disagreeable to H.M. Your Lordps. will observe in the abovementioned message another exception I took against this Bill, which was, that the Virginia owners enjoyed a greater priviledge and exemption than H.M. British subjects, and that it seemed contrary to H.M. intentions declared in the like case upon the Act for raising 2s. per hhd.; But to this they had a ready answer, that the same exemption had been always inserted in the former imposition bills, without having been ever disapproved of by H.M. or her Royal Predecessors; and this being a matter wherein I had no particular directions, I did not think it proper for me to reject upon that account a Bill which was principally intended for complying with H.M. commands for finishing the Governor's House. Yet if your Lordps. are of opinion that no such exemption ought to be allowed for the future, I beg you will instruct me therein. Amongst the bills that were prepared by the Committee for revising the laws of this Colony, there was one for establishing County Courts, which was sent to your Lordps., and returned by Coll. Nott in order to be passed into a law; but the Assembly having inserted in it a clause, making the advice and consent of five of the Council necessary to the nomination of Justices of the Peace, he stood justifyed with your Lordps. for rejecting it. This Law coming now again under consideration, upon the exception made against it before, that unreasonable article was struck out by the Burgesses before it passed that House; but when it came up to the Council, I found they had in effect comprized in this Bill two others that had no relation to one another, one directing the manner of granting probats of wills and administrations, and another for appointing publick rolling houses, the latter was so disagreeable to all the gentlemen of estates in the country that the Council thought fitt to strike it out, and I thought it proper for me to reject the former, being altogether of a different nature from the first part of the Bill and on that account disagreeable to H.M. Instructions, and to that caution which your Lordps. have thought fitt on several occasions to repeat to the Governors here, to avoid the inserting different matters in one law, besides the danger of admitting a practice of that kind to be introduced, which may prove an ill precedent, if the Burgesses should think fitt to use it on other occasions. Another reason of my disapproving of that part of the Bill wch. gives the power of probats and administrations entirely to the County Courts is because it is inconsistent with my Instructions, by which that power is amongst other ecclesiastical jurisdictions reserved to the Governor. However seeing such an inconsistency was not an objection made by your Lordps. when the project of that same bill lay formerly before you I did (for your Lordps.' sentiments, and not my own private interests shall sway me in all points) lett the Assembly know, that if they would prepare a bill for settling the method of granting probats and administrations, I'd pass it; but they being desirous of separating thought fitting to postpone it to another session: so that I am in hopes of receiving your Lordps.' pleasure on that bill, ere any farther proceedings be therein. And if your Lordps. shall please to approve of a moderate consideration for the signing yearly some hundreds of probats and administrations, I shall most cautiously endeavour to bring, by such honest means, the income of my Government to bear some reasonable proportion to that representation which was made me in Europe, before I had quitted my employments in the Army there. The uncertainty of the coin has of a long time been a matter of general complaint in this Country, and the remedying of it has often been attempted without success in former Assemblys, the great difficulty being to settle a currency without prejudicing H.M. Revenue; but I hope the Act now passed is contrived so as to answer both. For as the currency is settled without enhancing the value so as to draw the money from other Colonys, which seems to be the principal aim of H.M. proclamation, there is likewise due provision made, not only that all H.M. Revenues, but all debts contracted in Great Brittain shall be answered in sterling money. There is also a clause declaring the currency of copper money whenever H.M. shall think fitt to lett it be imported, which no doubt will be a great conveniency to the inhabitants, reserving still to H.M. to alter or settle the coin at any rate that shall be thought fitt. Finding great inconveniencys to H.M. service by the desertion of seamen from H.M. ships of war, I have obtained an Act to be passed this session giving suitable rewards for taking up such deserters, and inflicting penaltys upon those that shall harbour or conceal them on shore, which I hope will have a good effect both for H.M. service and the trade of the country. Since tobacco became so little valuable, it hath proved very difficult to gett persons to execute the office of Sherif, there being no law of the Country to oblige them to it, by which means Justice has been often obstructed. There is now a law passed for remedying this inconvenicy by laying a fine on such as shall refuse to serve after they are commissioned by the Governor. Tho' the fine be not great, yet it will be sufficient to answer the end and prevent that delay of Justice as well as the prejudice to H.M. service which has often happened for the want of that officer. All I shall say further as to this Bill is, that it is a plant of a very quick growth, having been prepared and passed the House of Burgesses in one day; which was occasioned by the throwing out a former bill prepared for the same purpose under another title, throught the misapprehension of some of the members; but their judgments being better informed, they resolved to retrieve that fault by passing this bill in this extraordinary manner. The many abuses committed by masters of ships in cutting the tobacco hogsheads in order to make them stow the better, and the great losses which the freighters have sustained in their tobacco by that means, induced this Assembly upon the general clamour of the country to pass an Act laying the masters of ships under an obligation both of an oath and bond to prevent that practice. I have been informed by some of the most considerable freighters in the country that several of their hogsheads that have been cutt on board, have lost one third and some one half of their weight before they got home to England; which they attribute to the opportunity the sailers have of taking the tobacco out of the hogsheads that are once cutt, and that where their tobacco is not taken out of the hogshead, the Masters of ships do often press it so much with hard scrues, in order to cutt of the void part of the hogshead, that it becomes unfitt for the markett; which they take to be a very great injustice when they pay so high a freight as has been customary for some years past. This practice is said to grow daily more universall among the masters of the ships, and being confirmed to me by persons of whose truth I have no reason to doubt, was a very prevailing motive for my passing this Act, which I'm sensible will be exclaimed against by some of the merchants, but I think without much reason if they consider the justice of the case; for since the planters here are bound by a law (which is confirmed by H.M.) under a severe penalty that their hogsheads shall not exceed a certain size, and are likewise very often obliged to freight at what rate the masters of ships are pleased to impose upon them; it is but just that those masters should be under some obligation to carry home as much as they receive freight for, and not be suffered for the sake of stowing a few more hogsheads to destroy or damnify the freightors tobacco: besides since the size of tobacco hogsheads was settled, every master of a ship may tell almost to a hogshead how many his ship can carry, and proportion his freight accordingly, which renders that practice of cutting the hogsheads more inexcusable than perhaps it was before the making that law. The great difference which people observe between the weights of their tobacco here and in England, gives them violent suspitions that it must be taken away by the sailers; and not being able to account how such people can answer the customs, gives them ground to beleive that the same persons who cheat the freighters, do likewise defraud the Queen in her customs by runing that tobacco on shore. Whether this be true or not, I can't pretend to determine; but I doubt not your Lordps.' will be of opinion that this country has great reason to endeavour a redress of this abuse. I think it may be a very good plea for this law that it can injure no man who designs to act honestly, and I hope it will receive the more encouragment from your Lordps., because the country never was under greater distresses than now, when all the produce of their labour will scarce afford them cloaths to wear. Upon an indictment some time since exhibited in the General Court against a woman for concealing the death of her bastard child, it was moved for the prisoner that the Act of Parliament of the 21st of James I, upon which the indictment was grounded, being a penal statute made since the settlement of this Colony, and wherein the plantations are not named, did not extend hither. Upon which the Court having had the concurrent opinion of the ablest lawyers here, that that statute did not extend to the plantations acquitted the prisoner: but least that judgment should give encouragment to such wicked practices, there is now an Act passed to prevent the destroying and murthering of bastard children in the very termes of the Act of Parliament with some small variation adapting it to the circumstances of this Country. The Act for security and defence of the country in times of danger passed in the last Assembly being expired, is by an Act passed this session revived and continued for two years longer. Upon which I shall not take up your Lordps.' time, since the former Act has been long since under your Lordps.' consideration. The Act passed the last session of Assembly for regulating ordinarys and restraint of tipling houses having been found defective, an Act is passed this session for the further restraint of tipling houses and other disorderly places, whereby many abuses occasioned by those places will be removed. It would be needless to take up your Lordps.' time with any comment on the Act appointing a Treasurer, or on that for raising a publick levy, since they are such as pass of course every session of Assembly, when any dutys is laid or publick debts to be paid. The other two are private Acts on which I shall not give your Lordps. the trouble of enlarging. One is an Act to sett free a negro who discovered the late conspiracy of the negros here, and for paying the owner the value of him. And the other is an Act to enable Mrs. Harrison, the widow of Benjamin Harrison junr. decd., to sell some of his lands and slaves for the payment of his debts. The first will prove an encouragment for the discovery of future plotts, and the last being with so just an intention as the paying of debts and containing nothing in it injurious to the publick or any private person, I hope their Lordps. will have no occasion to except against the passing of either of them. Having in my speech at the opening of this Session, and in sundry messages afterwards, recommended several other matters to be passed into laws, I beg leave to referr to the Address of the Burgesses the last of November for the reasons why they did not proceed therein; but I hope their next session will make them much better acquainted with one another and with their business, and bring to perfection what they have now delayed. I send your Lordps. copys of the Addresses of the Council and Burgesses to H.M., which being only of compliment and not of business, I have enclosed to Col. Blackistone, who is to deliver them to my Lord Orkney (if he is in town) in order to be presented to H.M.; but if my Lord should be absent, I have directed him to wait on your Lordps., and receive your commands in what manner they shall be presented. It would be immodest for me to say anything as to the subject of those Addresses; but as I can with truth assure your Lordps. that the framing of both was without my knowledge, I hope your Lordps. will not find by any of the proceedings of this Assembly that I have purchased the compliments they have thought fitt to make me by any undue compliance with their humour to the prejudice of H.M. service, and this I think will plainly appear by some of my messages, particularly that I sent the Burgesses the 5th Dec. in answer to their Address concerning the patenting of land, wherein I have kept strictly to H.M. Instructions, notwithstanding all the importunitys both of the Council and Burgesses and the private applications of diverse others. Signed, A. Spotswood. Endorsed, Recd. 5th, Read 8th June, 1711. 10 pp. Enclosed,
710. i. Address of the Council of Virginia to the Queen. Return thanks for H.M. late favours to this Country "in allowing us the benefite of the Habesas Corpus Act, and in appointing Courts of Oyer and Terminer for the more speedy execution of justice and relief from long imprisonment, together with your Royal bounty in rebuilding our College, notwithstanding your Majties. other great and urgent occasions for carrying on an expensive but necessary war." Return thanks for sending guardships and the Lieut.-Governor, "a person who by his prudence, diligence, justice, genersity, and good temper, gives such a general satisfaction to all your Majesty's good subjects in this country, that we hope it will very much sweeten our other hard circumstances, occasioned by the great decay of the trade of tobacco," etc. No concurrence or assistance shall be wanting on our parts to promote H.M. service. Signed, E. Jensings, Dudley Digges, James Blair, Phill, Ludwell, Jno. Smith, Jno. Lewis, W. Byrd. Copy. 1 p.
710. ii. Address of the Burgesses of Virginia to the Queen. To same effect as preceding. Signed, Peter Beverley, Speaker, and 45 others. Endorsed, Recd. 5th June 1711. Copy. 1¾ pp. [C.O. 5, 1316. Nos. 62, 62 i., ii.; and (without enclosures) 5, 1363. pp. 284–302.]
March 6.
Virginia.
711. Lt. Gov. Spotswood to Lord Dartmouth. Repeats parts of preceding. I found the Assembly very ready to comply with everything that was proposed to 'em for H.M. service, etc. Encloses Addresses vide preceding Nos. i., ii. They were fraimed intirely without my knowledge, and I hope the proceedings of this Assembly, particularly some of my messages to the House of Burgesses, will be a sufficient justification that I have not purchased their compliments by any undue compliances to the prejudice of H.M. service. Signed, A. Spotswood. 2 pp. [C.O. 5, 1337. No. 9.]
March 7.
Whitehal.
712. Mr. Popple to John Thruston. Major Lloyds pay, etc. is stopped, etc. (v. March 1st) [C. O. 195, 5. p. 208.]
March 7.
Whitehall.
713. Similar letter to the Rt. Hon. John How and the Commissioners of Victualling. [C.O. 195, 5. p. 208.]
March 7.714. Mr. Popple to Mr. Attorney and Mr. Solicitor General The Lord Baltimore having informed the Council of Trade and Plantations that he is ready to be heard before their Lordships etc. (v. Feb. 5), they desire that you will let them know what day you will appoint etc. [C.O. 5, 727. p. 236.]
March 8.
St. James's.
715. Order of Queen in Council. Appointing Edward Warner to one of the vacancies in the Council of Antego. Signed, William Blathwayt. 1½ pp. [C.O. 5, 11. No. 59.]
March 9.
Whitehall.
716. Lord Dartmouth to the Council of Trade and Plantations. There being several letters from the Leeward Islands that give an account of great disorders there, in the confusion of which Col. Parke the Governor is said to have been killed, I desire you will communicate to me any advices you may have received relating to this matter. Signed, Dartmouth. Endorsed, Recd. 9th Read 12th March, 17 10/11. 1 p. [C.O. 152, 9. No. 41; and 153, 11. pp. 120, 121.]
March 9.
Whitehall.
717. Mr. Popple to Mr. Attorney and Mr. Solicitor Generall. The Councill of Trade and Plantations transmit for your consideration a draught of a bill for enacting a standing revenue for the support of the Government of New York (v. March 1st), and desire that you will return it to them, with such amendments as your shall judge proper, some time before next Tuesday morning, etc. etc. [C.O. 5, 1122. pp. 297, 298.]
March 10.
Whitehall.
718. Lord Dartmouth to the Council of Trade and Plantations. Encloses following. Signed, Dartmouth. Endorsed, Recd. Read March 13, 17 10/11. 1 p. Enclosed.
718. i. Mr. Blathwayt to Lord Dartmouth. (In reply to Feb. 28 and No. iii. infra). In 1631 George Lord Baltimore, who was then lately become a Roman Catholick did obtain from King Charles I of blessed memory a grant of Maryland, etc. This Province was afterwards gov ern'd by the sons of the said George Lord Baltimore, and since by the present Charles Lord Baltimore himself and by such persons as his Lordp. did appoint as his Lieut. Governors, untill the late happy Revolution being made known in that Countrey there hapned an Insurrection of the inhabitants there, headed by one Code, as appears by a Declaration then transmitted hither and now lying in the Plantation Office, which does more fully explain the Grievances the inhabitants complain't of, and more especially their aversion to a Popish Government under the Lord Proprietary. Upon considering this declaration and for quietting the People then in arms, His late Majesty having taken the advice of his Cabinet Councill did thereupon declare his pleasure in his Privy councill, that it appearing noways fit to continue that Government in the hands and under the direction of Papists, H.M. did resolve to appoint a Governor of his own and by his immediate Commission, which he accordingly did and sent thither Col. Copley, wherewith the People were well satisfied and quietted, as appears by their Address (now lying in the same Office), to the King, who continued Governors of his own for that Province during his reign as Her Majesty has ever since done, sending last Coll. Seymour there, and now upon his death appointing Coll. Corbett to supply his place, whose Commission and Instructions are past or passing. To all which I may add that the present Lord Baltimore upon every vacancy of that Government did not fail to petition to be restored as he now does, without mentioning by his nomination and appointment of a Lieut. Governor by his own Commission and Instructions to be approv'd of by H.M. as in other Proprieties. This being a short narrative of what has hapned in respect to the Government of this Countrey, it is thereupon humbly offer'd whether a Province of such extent in the center of the English Colonies in America, bordering likewise upon Virginia and importing the Queen in her Customs together more than all other Her Plantations may be fitly left to be govern'd by Papists (who own a forreign jurisdiction) or such as may be oblig'd to shew them particular favour, which cannot but at least be grievous to the Protestant inhabitants, who are the most numberous there, and have even under the Governors of the Crown frequently complain'd of the great partiality shewn to Papists and the countenance presum'd upon by the Popish Missionaries there, as many letters to be found in the Office of the Lords Commissrs. of Trade may more fully explain, and what ill use may be made at this time of H.M. condescention to what is now desir'd by the Lord Baltimore and as constantly refus'd by the late King, is humbly submitted. P.S. If Mr. Blathwayt remembers right, as from the books of the Plantation Office it may best appear, severall Attorneys Generall and other of H.M. Learned Councill have given it under their hands that in exigencies of State and where it may tend to the more safe Governmt. of any the Dominions of the Crown; the Prince may in the fulness of the regall authority appoint such Governors of the same as shall be found most conducing to the publick good and welfare of that country. 2¾ pp.
718. ii. Duplicate of Ld. Baltimore's petition, Feb. 5.
718. iii. Order by the Council of Trade that Mr. Blathwayt be acquainted that it is for H.M. service that they receive such information as he can give (i. supra) this week. March 5, 17 10/11. ½ p. [C.O. 5, 717. Nos. 29–32; and 5, 727. pp. 237–44.]