America and West Indies
December 1711

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Institute of Historical Research

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Cecil Headlam (editor)

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1925

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171-185

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'America and West Indies: December 1711', Calendar of State Papers Colonial, America and West Indies, Volume 26: 1711-1712 (1925), pp. 171-185. URL: http://www.british-history.ac.uk/report.aspx?compid=73885 Date accessed: 18 April 2014. Add to my bookshelf


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Contents

December 1711

Dec. 3.
Whitehall.
200. Council of Trade and Plantations to the Queen. Recommend Wm. Basset and Wm. Fitzhugh for the Council of Virginia, as proposed by Lt. Gov. Spotswood, etc. [C.O. 5, 1363. p. 383; and 5, 1335. pp. 160, 161.]
Dec. 3.
Whitehall.
201. Council of Trade and Plantations to the Queen. Refer to clauses in Act for licensing hackney coaches for relief of sufferers in St. Kitts and Nevis (v. No. 179 ii.). Upon consideration of which clause and the execution thereof, several difficulties did arise (1) It is not determined by the clause what shall be deemed a resettlement, or when such as have not already resettled, shall be obliged to do the same, or in what manner such obligation shall be entred into. (ii) For that the clause hath restrained the bounty intended to such inhabitants and proprietors only who should resettle their plantations, and consequently excludes all that had not Plantations to resettle, whereas in the returns of the losses sustained, there appears to be considerable numbers of persons who had no plantations such as merchants, shopkeepers and other dealers and inhabitants. Whereupon we advised with your Majties. Attorny and Solicitor General, who agree with us that it is proper to lay these matters before the House of Commons, that the said sufferers may apply for an explanation of the said clause, and for inlarging the time of their making proof accordingly. And the House of Commons having on the 7th June last humbly addressed your Majesty that an account be laid before their House the begining of the next Session of Parliament, of the distribution intended to be made of the debentures directed to be delivered by the Commissioners of Trade and Plantations for releif of the sufferers in Nevis and St. Kitts, etc., we therefore humbly lay the state of this matter before your Majesty. [C.O. 153, 11. pp. 408–410.]
Dec. 4.
St. James's Square.
202. Lords Proprietors of Carolina to the Council of Trade and Plantations. We being informed that your Lordps. have receiv'd an account from Virginia, that several of H.M. subjects in North Carolina have been destroyed by the incursion of the Tusqueroro Indians, which Indians (as is suggested) have receiv'd incouragemt. from some of ye inhabitants of that place, and we having as yet receiv'd no account concerning this matter, do desire your Lordps. to transmit to us the substance of what your Lordps. have receiv'd concerning this unfortunate accident, that we may take all due and immediate care that all such delinquents as shall be found guilty to be any way aiding or assisting in so barbarous and cruel an action may be brought to condign punishment. Signed, J. Manley for the Duke of Beaufort, Carteret, M. Ashley, J. Colleton, J. Danson. Endorsed, Recd. 5th, Read 6th Dec., 1711. 1 p. [C.O. 5, 1264. No. 127; and 5, 1292. pp. 331, 332.]
Dec. 4.
Whitehall.
203. Council of Trade and Plantations to the Queen. Representation upon Address of the Minister etc. of the Church of St. Mary's, New Jersey. (v. July 30). "Having lately received the Act complained of from Mr. Penn, entituled, an Act directing an affirmation to such who for conscience sake cannot take an oath, we humbly lay the same before your Majesty, and take leave to observe that the affirmation directed by the said Act, doth materially differ from the affirmation enjoyned the Quakers by Act of Parliament here, and particularly in that the name of Almighty God is not mentioned in it. Besides a Quaker may by taking the affirmation directed by the said Act of Assembly, be an evidence in any case whatsoever, and consequently in criminal matters, which is expressly provided against by the Act which allows the affirmation in this Kingdom. For which reasons, we humbly offer that your Majesty be pleased to signify your disallowance of the said Act." [C.O. 5, 1292. pp. 330, 331.]
Dec. 6.
Whitehall.
204. Council of Trade and Plantations to the Earl of Dartmouth. Reply to Nov. 30, concerning powder for Virginia. Tho' the Board of Ordnance think it will be an ill precedent to exchange the powder that was sold etc.; yet if it were exchanged by small parcels by every ship in the method and for the purposes Coll. Spotswood proposes, we cannot conceive it will be of any prejudice to H.M. service. We must further observe that if upon the late massacre in Carolina, the Tuscaruro Indians should take arms, and be joined by other nations, and Coll. Spotswood necessitated thereby, for the defence of H.M. subjects to enter into an Indian war, there will be a necessity of his having powder and arms sent him; for he informs us, that the Colony is in no capacity to make an offensive or defensive war; their militia being in a manner wholly destitute of ammunition, and as ill provided with arms that are useful; that unless H.M. be pleased to send thither a supply of both to lye ready against an emergency, he fears he shall not be able to sustain any considerable attack. Autograph signatures. 2 pp. [C.O. 5, 382. No. 13; and 5, 1341. No. 18; and 194, 23. No. 4; and 5, 1363. pp. 385, 386; and 5, 1335. pp. 164–166.]
Dec. 6.
Whitehall.
205. Council of Trade and Plantations to the Lords Proprietors of Carolina. Reply to Dec. 4. Enclose the account received from Lt. Gov. Spotswood of the recent massacre by Indians, etc. [C.O. 5, 1292. p. 333.]
Dec. 6.
London.
206. Mr. Du Pré to the Council of Trade and Plantations. In answer to the objection made by your Lordships of the difference, which appears in the accompts of the subsistence to the Palatins transmitted by Col. Hunter, I humbly offer, that when I parted from New York in Nov. 1710, the Palatins were newly remov'd for the most part from the City of New York to the lands laid out for their settlement; their number then amounted to about 2200, and many of them, having during their residence in that City had an opportunity to see the country, where meeting with encouragmt. they asked leave of the Governour to hire themselves during the winter, in order to earn something, viz. cattle, money being too scarse, which H.E. was pleas'd to grant them: and these with some orphans bound apprentices, the widdows and other useless people left at their own disposal, might amount to betwixt 3 and 400, so that when they came to be muster'd at their respective settlements, they were found reduc'd to about 1800 souls. The Governour's intention at that time was, to call those who had leave to repair in the spring following to the settlement: but the delay of the needfull provision from home, for compleating the said settlement, was, as I presume, the reason that the Governour hath omitted it, because he was unwilling in his circumstances to augment the charges, etc. Signed, James du Pré. Endorsed, Recd., Read Dec. 6, 1711. 2 pp. [C.O. 5, 1050. No. 31; and 5, 1122. pp. 465, 466.]
Dec. 6.
Windsor.
207. H.M. Warrant to the President of the Council of Maryland, transmitting the new Seal and directing him to use the same. Endorsed, Sent to the Earl of Dartmouth, May 13. 1⅓rd pp. [C.O. 5, 717. No. 49; and 5, 727. pp. 314, 315.]
Dec. 6.
Annapolis Royall.
208. Thomas Caulfield to [? the Earl of Dartmouth.] Though I have not the honour to be known to yourself being att present commander of this Garnison, I thought itt my duty to the best of my judgment, to give you an account of itt: when first we took posession, itt was the most miserable place I ever saw; but by our constant workeing, itt is made strong enough to withstand any force the enemy can possibly bring against itt in this part of the world: the Ingineir has sent a plan of the fort by this ship, as likewise a more particular account; the inhabitants have lived hitherto very peaceably, and seem to be extreamly well satisfied; since H.M. declaration has been issued out; which I took care to disperce over the whole countrey; but they cant forbore complaining of some hardships they have undergone: if anything extrordinary happens I won't fail accquainting you with itt, etc. Signed, Tho. Caulfeild. 1 p. [C.O. 217, 31. No. 3.]
[Dec. 8.]209. Mrs. Ernle to the Council of Trade and Plantations. Prays to be heard by Counsel against the caveat entered by Sir John Coliton against John Coliton being made one of the Council of Barbados. Endorsed, Recd. 8th, Read 10th Dec., 1711, ¼ p. [C.O. 28, 13. No. 73; and 29, 12. p. 384.]
Dec. 11.
London.
210. Micajah Perry, John Keill and James du Pré to the Council of Trade and Plantations. In obedience to your Lordships' commands we in behalf of Governor Hunter humbly offer the following answers to the several objections and questions made us concerning the settlement of the Palatins. The. objections are those of Lord Clarendon, Nov. 26. Answers: (1) We own others can raise naval stores as well as Palatins, provided they be sent upon that design; but since few people in that country can be spared from other labour, there is no considerable quanti of those commodities to be expected, but from Palatins: and humbly conceive that the contract made with them was though the most effectual means to set that manufacture upon a lasting foot; they having thereby oblig'd themselves, to make it the sole business. (2) The Governour, before his departure from England did design to settle the Palatins in the Maqua's country but after he had view'd the same, he judg'd it impossible for the following reasons, vizt. (1) Because the purchase thereof from the Indians was not clear. (2) That it is too much expos'd the incursions of the French and their Indians. (3) and chiefly because those lands are distant from the River near 20 miles and Scinectady, besides a waterfall of 60 ft. high, hath the same inconveniency, upon which account the carriage of anything would cost as much, if not more than it's worth. Now the Governour having found no lands at the Queen's disposal, except a tract of 6300 acres on the West side of Hudson's River, which being too small for such number of families, and Mr. Levingston having offer'd to part with 6000 acres of his lands situated on the other side of the said River, distant 8 miles above the aforesaid tract, at a reasonable rate, H.E. accepted the offer, and purchas'd it for £200 sterl. So that both settlemts. are distance about 100 miles from the Citty of New York, on each side of river navigable by ships of burthen, who may take in the loadings at the said settlements, etc. Within 3 miles, there are large tracts of pyne lands, the owners whereof have given leavy to make use of the trees; Mr. Levingston having reserved a sort fit for his saw-mill for plancks and timber, and which are of no use for tarr. (3) Mr. Levingston was alwaies known to be carefull, industrious and diligent man, who by these, more than by any other means, hath got a considerable estate. It is true that he was accus'd, by a faction in that country, of having defrauded the Government of great sums, when he subsisted the forces at Albany: but it is as true that he hath honourable clear'd himself: having fairly past his accompts before a Committee of Council, upon which he obtain'd an Act of Assembly for releasing him and his estate, that was under a sequestration untill he had so past his accompts. And the reasons which induc'd the Governour to deal with him, was not so much his choise as advantage, because Levingston made most reasonable and fair offers, and because he was capable of making the larges advances, and had most conveniencys for that purpose, as brew house and bake-house. However, the Governour did therein act with all the caution and the care imaginable, and the contract were drawn up by Mr. Mompesson, Chief Justice of the Province and made as plain and binding as possible, so well with regard to the purchase of the land, as to the bread and beer he undertool for, at the rates the magistrates of the City of New York should from time to time set upon them; and with this express condition that if the Palatins, or their oversers had any legal objection against either the bread or beer, he did oblige himself to take it back and give better in lieu thereof. That Mr. Levingston undertook this with a prospect of advantage is so certain, that it might have created an ill opinion of him, if it were otherwise. (4) The Palatins could not have hir'd themselves to day labour, without disbanding themselves after their arrival at New York, which H.E. could not have given his consent to without disobeying the Queen's Royal Instructions, which are positive for settling them in a body, and for subsisting them, untill they could subsist of the product of their labour. And we do humbly conceive the Governour could never have answer'd it to the Queen and to this Honble. Board, if contrary to his Instructions he had suffer'd the dispersion of them; whereby all hope of makeing any benefit by that useful manufacture had been lost; especially after he had received £8000 from the Government, in part, for their subsistance, towards that end. Besides, anyone who is not altogether a stranger to that country knows, that not above 5 or 600 could have dispos'd of themselves in that manner, and even half of them, could not have found imployment, but in plowing and harvest time; so that above 1000 of them must either have starv'd, or become a burthen to the country.
Replies to your Lordships' queries:— (1) How long the Palatins are to be subsisted by the Government? The Governour affirms, that after Christmas 1712; the Palatins shall be able to subsist of the product of their lands. (ii) What quantity of tarr they are likely to make yearly? Many experiences have demonstrated that one man may easily make 60 barrels of tarr in a year; so that computing the number of working hands to be 500, these will raise 30,000 barrels in the whole yearly after 1713. (iii) In what manner and in what time the sums advanced by the Queen shall be repaid? A barrel of tarr is sold at New York for 8sh. sterl. so that the whole product will yearly amount to £12,000. And if the Queen will be graciously pleas'd to allow them, for an encouragement, suppose one moietie out of the yearly produce (£6000), there will remain a yearly sum of £6000 towards discharging the money advanc'd by the Queen for their settlement and support: so that computing the whole, expence to be £40,000, they may repay the Queen in 7 years or less after 1713. We humbly ask leave to observe further, that tho' tarr be onely here mention'd, it is not the only thing design'd: but as the Governour hath carry'd with him pots and other utencils necessary for boyling pitch and rosin, the children from 8 years and upwards will be usefully imploy'd therein: and that Coll. Hunter by a letter to me, Micajah Perry, gives directions to send him a considerable quantity of hemp seed, saying that he hath given orders for preparing lands to sow it in; and dressing of hemp is a work that may be done in the depth of winter, when people cannot stirr out of doors; by which means they will have constant employment. And if this design be duly encouraged and supported, as the Governour hopes it will, it will infallibly compleat and make it a standing manufacture of Naval Stores. Signed, Micajah Perry, John Keill, James du Pré. Endorsed, Recd. Read Dec. 11, 1711. 5 pp. [C.O. 5, 1050. No. 32; and 5, 1122. pp. 467—475.]
Dec. 11.
London.
211. Mr. Hodges, Attorney General of Barbados, to Mr. Popple. Encloses following to be laid before the Council of Trade and Plantations. Being sick, prays that his attendance may be excused till he is able to go abroad. Signed, Tho. Hodges. Endorsed, Recd., Read Dec. 11, 1711. Addressed. Sealed. 1 p. Enclosed,
211. i. Same to Council of Trade and Plantations. Having H.M. leave of absence for 6 months, (v. April 2, 1709) petitioner proposed to Governor Lowther to appoint Richard Carter, Solicitor General, to act as his deputy. After some delay, the Governor refused, declaring that he would not approve any deputy made by him, but would fill up the place himself, in case the said Attorney did leave the Island. On being shown H.M. licence, he said there were some words wanting, (which were defaced by accident), and he therefore could not look upon it as H.M. Order. Petitioner being obliged to sail appointed Mr. Carter his deputy by a deed under his hand. Mr. Carter promised to act, if the Governor would permit him. But the Governor would not allow such deputation, and a few days after petitioner sailed commissioned Mr. Arthur Slingsby to act as H.M. Attorney-General there, and receive all fees and perquisites of that office, etc. Signed, Tho. Hodges. 5 pp.
211. ii. Governor Lowther to Mr. Hodges. Aug. 18, 1711. I am sensible what a particular loss I shall have of you. My greatest difficulty lyes in pitching upon one that is worthy to succeed you, etc. Signed, Robt. Lowther. Copy. 1 p. [C.O. 28, 13. Nos. 74, 74 i., ii.; and 29, 12. pp. 385—392.]
Dec. 13.
St. James's.
212. Order of Queen in Council. Upon a report from the Lords of the Committee for hearing appeals from the Plantations, Oct. 18 last, the petition of Edward Jones is dismist. The Council of Trade are to report to H.M. upon the several matters depending before them relating to this cause without allowing any proofs to be made agt. the records of nine convictions, some of which are for cruelty and extortion, and one of them for perjury, the same having been before a Court having jurisdiction. Signed, Christo. Musgrave. Endorsed, Recd. Read Feb. 25, 17 11/12. 1¼ pp. [C.O. 37, 9. No. 22; and 38, 7. pp. 32, 33.]
Dec. 13.213. Joseph Martyns and other London Merchants on behalf of the sufferers of Nevis and St. Kitts to the Council of Trade and Plantations. Refer to form of certificate submitted Sept. 20 (q.v.) etc. "We humbly intreat your Lordships with all convenient speed to signify to us after what form and manner you require that the sufferers and their Agents shall lay their claims before your Lordships" etc. Signed, Joseph Martyns, Rich. Meriwether, Nath. Carpenter, Humphrey South, Jos. Jory, John Pinney, Wm. Bowden, Rowland Gideon, Sam. Travers, Ste. Duport, Ja. Campbell. Endorsed, Recd. Read Dec. 13, 1711. 1 p. [C.O. 152, 9. No. 93; and 153, 11. pp. 411—413.]
Dec. 14.
London.
214. James du Pré to the Council of Trade and Plantations. Your Lordships were pleas'd to direct me to lay before you the accompt of the £10,000 issued out of the Treasury for the subsistence of the Palatins at New York, This I am not in a condition to doe, because all money matters have been transacted by Mr. Clark, the Secretary of that Province, whom the Governour hath appointed Treasurer of that Settlemt. This accompt doth consist in great many articles, which hath been duely transmitted to Mr. Lownds. Mentions some heads of expenditure. Signed, James du Pré. Endorsed, Recd. Read Dec. 14, 1711. 2 pp. [C.O. 5, 1050. No. 33; and 5, 1122. pp. 475–477.]
Dec. 14.
Council Chamber
215. List of Lords not summoned to the Council, May. 20, 1707. 1 p. [C.O. 5, 11. No. 69.]
Dec. 16.
Annopolis Royall.
216. G. Vane to [?the Earl of Dartmouth]. I did not beleive the occation or conveniency of troubling you, would soe soon have presented when I had the honneur a few days agoe of writing to you, but as the comodity of a sloop bound for boston presents, thinke it my duty to give you the following account: we have here a french gentleman named La Fosse who was taken prisoner of off Cape briton the latter end of the last summer by the Mountague man of war, in a small privatier sloop of his own, he expressing an inclination to serve H.M. was sent hither by Genl. Hill and Admirall Walker, with us, as a man proper to be employed, to goe with the Queen's decleration to the[y] french and Indians here and persuade them to submit, and become dutifull subjects to H.M. if the[y] were still in armes. The said La Fosse made me two days agoe the inqlosed propotition conserning his estate in Newfoundland, (but not being very legibly write have transcribed it) desiring me to send it for England, being ready to deliver up his said estate to be a garnison for H.M. if she thinks fit to accept it) desiring an establishment to settle upon in this contrey, with a small consideration in money, as H.M. shall thinke fitt, etc. I know the place to lye as he describes it, having seen it from sea, and doe realy beleive it might produce the effect proposed if rightly managed, etc. Signed, G. Vane. 2 pp. [C.O. 217, 31. No. 4.]
Dec. 17.
Whitehall.
217. Council of Trade and Plantations to the Lord High Treasurer. The incident charges of this office amount to about £400 per annum, and by the Privy Seals which have usually been granted etc. have been, directed to be paid to our Secretary according to accounts attested by us, etc. But in regard there is a charge by postage of all sorts of packets from the Plantations which contain the Laws, Books of Minutes of Councils and Assemblies, publick accounts and other papers, which by H.M. Instructions, are directed to be sent to us, and which will swell the accounts of incidents to a very great summ, we humbly pray your Lordship that in the Privy Seal now passing, the summ of £400 per annum may be directed to be paid to Mr. Popple without account, in full for the incidents of this Office, postage excepted, as to which we desire the account thereof certifyed from the General Post Office, may from time to time be laid before your Lordship, in order to the payment thereof. [C.O. 389, 37. pp. 27, 28.]
Dec. 17.
Whitehall.
218. Council of Trade and Plantations to the Queen. Recommend Thomas Maxwell to be appointed to the Council of Barbados, there being a vacancy by the death of George Lillington. [C.O. 29, 12. p. 396.]
Dec. 18.219. [Memorandum of letter from] the Earl of Dartmouth to the Council of Trade and Plantations. Referring following for their report. Signed, Dartmouth. Endorsed, Recd. 20th, Read 21st Dec., 1711. ½ p. Enclosed,
219. i. Petition of the Governor and Company of Adventurers of England trading into Hudson's Bay to the Queen. Petitioners etc. believing the justice of your cause and the terror of your arms must soon reduce the French King to sue for such a Peace as all Europe desires etc., crave leave to submit the hardship of their case to your Royal consideration. Repeat history of French depredations 1682—1688, etc., which was made one of the Articles in King William's Declaration of War. Continue: But the Company found their interest not comprehended in the Treaty of Ryswick, which they are far from attributing to any want of care in that Gracious Prince, of this Kingdom's honour and trade, and rather think their right and claim was then overweighed by matters of higher consequence, for by the said Treaty they found their condition much worse than it was before by the 8th Article whereof the French were to be left in possession of such places situated in Hudson's Bay, as had been taken by them during the Peace, which preceded that war. At a meeting of Commissrs. on both sides (as directed by the said Treaty to adjust their differences) the Company did again set forth the undoubted right of the Crown of England to the whole Bay and Streights of Hudson, against wch. nothing but sophistry and cavils were offer'd on the French side, and the matter remain'd undetermin'd. The only settlement now remaining to the Company in those parts (of 7 they formerly had) is Albany Fort, on the Che Che Chewan, where they are surrounded by the French on every side vizt. by their settlements on the Lakes and Rivers from Canada, to the Northward towards Hudson's Bay, as also from Port Nelson (alias York Fort) to the Southward; the French likewise have lately made another settlement between Port Nelson and Albany Fort, whereby the Indians are hindred from coming to trade with the English Factory, at the bottom of the Bay, and if they are suffer'd to fix and fortify in those parts, beyond all question they will deprive your Majesty's subjects of that tract of land, which is so large a part of your American Dominions and rightly belongs to the Crown of Great Britain. Not only your Majesty's glory is concern'd to preserve those Plantations, but it very much imports the general trade of your Kingdom since your petitioners notwithstanding the losses and discouragements they have labour'd under, and during the War have brought from thence between 30 and 40,000 skins pr. annum, and doubt not yt. if they were reinstated in their possessions according to their Charter, to bring the said importation to 100,000. The country doth abound with several other commodities (of wch. Petitioners have not been able to begin a trade by reason of the interruptions they have met with from the French) as with whale oyl, whalebone (of wch. last your subjects now purchase from Holland and Germany to the value of above £26,000 pr. annum which may be had in your own Plantations), beside many other valuable commodities which in time may be discover'd. If the French come once to be intirely possess'd of Hudson's Bay, they will undoubtedly set up a whale fishing in those parts, which will greatly tend to the increase of their navigation and to their breed of seamen. There is carryed thither and consumed there nothing but of the product and manufactures of England, your Petitioners encouraging and daily bringing the Indians to wear course cloth instead of skins, which in process of time will considerably advance the woollen trade at home. It must needs reflect upon the honor of Britain to relinquish to the French that territory of which their violent usurpation in a time of Peace was alledg'd as a main Article in the first Declaration of War against that Kingdom. If the French cou'd pretend to any right to the said Territories by the Peace of Ryswick, this right must needs be determin'd by their notorious infraction of the said Treaty. The premises consider'd, when your Majesty in your high wisdom shal think fit to give peace to those enemies whom your victorious arms have so reduced and humbled, and when your Majesty shall judge it for your People's good, to enter into a Treaty of Peace with the French King, your Petrs. pray that the said Prince be obliged by such Treaty to renounce all right and pretentions to the Bay and Streights of Hudson, to quit and surrender all ports and settlements erected by the French, or which are now in their possession, as likewise not to sail any ship or vessel within the limits of the Company's Charter, and to make restitution of the £108,514 19s. 8d. of which they robb'd and dispoil'd your petitioners in times of perfect amity between the two Kingdoms. Endorsed as preceding. 8¾ pp. [C.O. 134, 2. Nos. 33, 33 i.; and (enclosure only) 135, 3. pp. 110—117.]
Dec. 19.
St. James's
220. Order of Queen in Council. The report of the Council of Trade, Nov. 29, as to the rising of the Tuscaruro Indians, and a representation of the Lords Proprietors of Carolina, praying that Col. Cary and others sent over by Col. Spotswood as the principal fomenters of the said disorder may be secured, are referred to a Committee of the whole Council for their report. Signed, Chris. Musgrave. Endorsed, Recd. 3rd, Read 14th Jan., 17 11/12. 1½ pp. [C.O. 5, 1316. No. 77; and 5, 1363. p. 391.]
Dec. 19.
St. James's.
221. Order of Queen in Council. Repealing Act of Pensilvania directing an affirmation, etc. (v. Dec. 4). Signed, Edward Southwell. Endorsed, Recd. 3rd, Read 4th Jan., 17 11/12. 1¼ pp. [C.O. 5, 1264. No. 130; and 5, 1292. pp. 372, 373.]
Dec. 19.
St. James's.
222. Order of Queen in Council. Appointing William Basset and William FitzHugh to the Council of Virginia in the room of Dudley Digs and William Churchill. A warrant to be prepared for H.M. signature, requiring the Governor and Commander in Cheif of ye said Island (sic) for the time being to swear and admit them, etc. Signed, Christo. Musgrave. 1 p. [C.O. 5, 11. No. 72.]
223. Duplicate of preceding. Endorsed, Recd. 3rd, Read 4th Jan., 17 11/12. [C.O. 5, 1316. No. 77; and 5, 1363. p. 391.]
Dec. 19.
St. James's.
224. Order of Queen in Council. Approving of Representation of Dec. 17, and appointing Thomas Maxwell to the Council of Barbados, etc. Signed, Christo. Musgrave. Endorsed, Recd. 3rd, Read 14th Jan., 17 11/12. 1¼ pp. [C.O. 28, 13. No. 78; and 5, 11. No. 71; and 29, 12. p. 397.]
Dec. 19.
St. James's.
225. Order of Queen in Council. Referring to a Committee of the whole Council Governor Douglas' letter transmitting evidence against Capt. Rokeby, Lt. Watts and Ensign Smith; and the petition of Micajah and Richard Perry, Exors. of Col. Parke, representing the obstructions that hinder the execution of H.M. Orders for bringing to condign punishment the persons principally concerned in his murther, and praying that such orders may be given as shall effectually bring the notorious criminals to their deserved punishment, and the aforesd. officers removed from their Commission, etc. Signed, Christo. Musgrave. Endorsed, Recd. 3rd, Read 15th Jan., 17 11/12. 1¼ pp. [C.O. 152, 9. No. 94; and 153, 11. pp. 415, 416.]
Dec. 19.
St. James's.
226. Order of Queen in Council. Approving Representation of Nov. 29, and appointing Lt. General Hamilton a Member of Councill in each and every of the respective Leeward Islands, and also to preside in the said Councils in the absence of the Captain General, etc. Signed, Christo. Musgrave. Endorsed, Recd. 3rd, Read 15th Jan., 17 11/12. 1¾ pp. [C.O. 152, 9. No. 95; and 5, 11. No. 70; and 153, 11. pp. 416, 417.]
Dec. 19.
St. James's.
227. Order of Queen in Council. The enclosed petition is referred to the Council of Trade and Plantations for their report thereon. Signed, Christo. Musgrave. Endorsed, Recd. 1st, Read 8th Jan., 1711. 1 p. Enclosed,
227. i. Gawen Corbin, late Naval Officer at Rappahanock River in Virginia, to the Queen. Complains of his dismissal by Lt. Governor Spotswood for negligence in the case of the Robinson, frigate, and prays to be heard in his defence. Signed, G. Corbin. Copy. 1½ pp. [C.O. 5, 1316. Nos. 75, 75 i.; and 5, 1363. pp. 387–389.]
Dec. 20.
Barbados.
228. Governor Lowther to the Council of Trade and Plantations. Refers to letter of 20th Aug., and asks for H.M. pleasure concerning men of war for that station and a cartel with Martinique as soon as possible. Continues: H. M. Proclamation, 18th June 1704, for reducing of all foreign coins to a certain currency etc. hath been and is punctually obeyed by all H.M. subjects in this Island, but the same hath not been observed in any degree by H.M. subjects in the Leeward Islands, and other places, which hath been an unspeakable prejudice to the Trade and interest of this Island, for several people have made it their business to export from hence all the money they could get to Antegoa and other places that doe not take notice of the Queen's Proclamation, by which meanes there is little, or no cash left in the Island: I beg your Lordshipes to represent this matter to her Majesty and to signify her pleasure by the first opportunity. H.M. having commanded me to take care that all her rightes and dues be preserved and recovered, and that speedy and effectual justice be administed in all cases relaiting to her Revenue, I think it my duty to informe your Lordshipes of all matters and proceedings that are in my opinion any waies injourious or prejudicial to H.M. Revenue that I may receive H.M. further commands touching such practices and offences against her Revenue as are not (at present) in my power to redress etc. Thomas Hodges Esq. H.M. late Attorney General in this Island did on the 28th of April, 1709 exhibit a Bill in equity on behalfe of H.M. in H.M. Court of Exchequer within this Island against Alexander Skeene Esq. charging amongst other thinges that the said Skeene in 1706, 1707 and 1708 was prize officer in this Island, and as such did collect receive and take several great sumes of mony arrising from the condemnation and sail of several French shipes and vessels and from the several goods and appurtenances etc. to such shipes and vessels belonging, and that one moiety of the produce of such prizes belonged to her Majesty, and that the said Skeene refused to account for the same to her Majesty, or any other lawfully authorized and impowered on H.M. behalfe to require the same. To this Bill Skeene 9th June 1709 put in his answer, but it was excepted to and reported short, whereupon Skeene on 14th Sept. following put in a second answer to which Hodges replyed, and Skeene having rejoyned thereto, a subpena to judgement issued, and the 15th March 1710 the said cause came to a hearing in the said Court of Exchequer, and the Court decred to H.M. £209 9s. 8d. being the moiety of the neat produce of the prize Maria of Nantz: upon this Skeene prefered his petition to the said Court, and praied the Court to grant him an order for a rehearing, and that in the mean time no further proceedings be had on the said decreetal order: that petition the said Court of Exchequer dismissed; whereupon Skeene petitioned Mr. Lillington then precident of H.M. Council here, and pray'd that the said decretal order might be staied untill the merits of the said petition was heard. Lilling ton on 8th May, 1711 ordered the merits of the said petition to be heared before him in Chancery, and that in the mean time no further proceedings be had against Skeene. Thus the matter stood till 30th Oct. 1711 at which time the cause came to be heared before me, and after it was opened and spoke to by Council on either side, I declared that it was my opinion that the Queen's Revenue and all matters relaiting thereto was to be determined in the Court of Exchequer and that no appeal laid from that Court to the Court of Chancery, being the Court of Exchequer was a Court of both Law and Equity; I also added that it was my opinion that the late Precident's order on the said Skeen's petition was extra-judicial, but these points being put to the vote, all the Council gave it as their opinion that an appeal even in the Queen's case did ly from the Court of Exchequer to the Court of Chancery and the late Precident's order was regular and good: being thus over-ruled the course was ordered to be heared the next sitting of the Court. I need not observe to your Lordshipes how long Mr. Skeene hath kept the Queen's mony in this Island, but I must take notice that this is the first appeal that hath been made from the Court of Exchequer to the Court of Chancery, but what effect this inovation may have upon H.M. Revenue here; besides occasioning matter of trouble, expence, and delay I leave to your Lordshipes' consideration, and desire to know H.M. pleasure in it. I observe it was made matter of complaint (by some Gentlemen) against Mr. Crow that during his Government he sat several times as one of the Judges in Chancery upon his own causes; I likewise take notice that this and several other complaintes that were exhibited against him were dismiss'd as frivolous: notwithstanding which I humbly desire your Lordshipes to let me know the Queen's pleasure what I must doe if I should be either plaintiff or defendant in Chancery, for tho' I have but one vote as that Court is now constituted, yet it cannot be held without I am present. Your Lordshipes will perceive by the inclos'd paper, that most of the Clergy, here have not only made several complaintes to one Colonel Cleland, but have also desired him to use his interest in England to get them some glebes added to their livings: this conduct of the Clergy hath given great offence not only to the Council here, but also to the General Assembly. Refers to enclosures. The benefices here are from 200 to £600 a year, and if the Churchwardens doe not pay the parson what is settled upon him by an Act of the Island, the parson in such case, hath no more to doe, than to make his complaint to the Governour for the time being who is impowered by Law to give the parson a warrant to distrain upon the Churchwardens for so much as there is due to him. This step of the Clergy hath given great offence to the people, and they are very uneasy that the Clergy are not satisfy'd with their present condition, especially, since the Assembly hath already dealt so generously and well by them, that but few countries can equall their care and benefaction to the Church. I beg your Lordshipes to lay the aforesaid papers before H.M. and to signify H.M. pleasure by the first opportunity to your Lordshipes most obedient humble Servant. Signed, Rob. Lowther. Endorsed, Recd. 11th April, 1712. Read 14th, 17th July, 1713. Holograph. 4 pp. Enclosed,
228. i. Clergy of Barbados to Col. William Cleland. Urge him to interpose with the Society for propagating the Gospel, for settling the affair of General Codrington's donation and composing the difference between them and Col. Codrington; also to obtain an instruction to the Governor to grant them escheated lands for glebes etc. Complain that the Churchwardens are not under any penalty for misapplying parish money etc. Signed, Irvine, Brice, Wharton, Justice, Gordon, Cunninghame, Glasgow, Bailie. Copy. 1½ pp.
228. ii. Minute of General Assembly of Barbados, 29th Oct., 1711. Resolved that the Clergy who signed the preceding letter are guilty of the highest disrespect to H.E. and the members of the Council and Assembly by not communicating their imaginary wants and grievance to them first etc., and are guilty of laying most unjust and foul calumnies on ye Legislative power of this Island by insinuating that ye Clergy is neglected and the Church not sufficiently endowed etc. Letter to the Bishop of London ordered, and an Address to H.E. 1½ pp.
228. iii. Address of the General Assembly of Barbados to Governor Lowther. 29th Oct., 1711. We are satisfied that the complaints of the Clergy are unreasonable, and apprehend the above letter tends to create a jealousie and mistrust of your Excellency's administration the contrary whereof wee have experienced etc. Pray H.E. to lay above matters before H.M. Endorsed, Recd. 11th April, 1711, (sic). 1¼ pp. [C.O. 28, 13. Nos. 100, 100 i.–iii.; and (without enclosures) 29, 13. pp. 7–15.]
Dec. 20.
Boston, New England.
229. Governor Dudley to the Earl of Dartmouth. Since my letter by H.M.S. Adventure, I have caused Lt. Governor Taylour and Col. Redknap to view all the frontiers of this Province next to the French and Indians, where we must expect to be visited, this winter or early in the spring, they being encouraged by the disaster of H.M. fleet, however I hope to secure the poor settlements of H.M. good subjects by a party of 200 men I have in sloops to keep them from their support on the sea side, and two other partys of 60 each at their secret recesses in the forrest where they hide, who all have difficult marches to make on their snowshoes, the snow being generally two foot deep in the forrest. I have giveen the command of H.M. Castle at this place, which is the only place of strength in the Province, to Col. Taylour, which while the warr continues will give him the benefit of £100 per annum, towards his support here, and I humbly hope an happy peace will at length give H.M. leasure, and oppertunity to command a proper and just support for her Governour, Lt. Governour and Secretary, etc. as Nov. 13. The whole years accounts, etc. are covered to the Lords Commissioners of Trade, etc. All the Assemblys of H.M. Governments have humbly addressed H.M. to renew the expedition against Canada the next year, etc. as Nov. 13. Signed, J. Dudley. 2¾ pp. [C.O. 5, 898. No. 22.]
Dec. 21.
Boston.
230. Mr. Addington to Mr. Popple. Encloses following. Signed, Isa. Addington. Endorsed, Recd. April 24, 1712, Read July 6, 1713. 2 pp. Enclosed,
230. i.–vii. Accounts of stores of war in the several Forts in New England to June 26, 1711. Endorsed as preceding. 9 pp.
230. viii.–xvii. List of causes tried in the several Inferior Courts of the Massachusets Bay in 1711. Same endorsement. 20 pp.
230. xviii. Account of H.M. Revenue in New Hampshire, 1710–1711. Details of expenditure of £3788 11s. 11d. Signed, Sam. Penhallow. Same endorsement. 1 large p.
230. xix.–xxviii. Duplicates of Proclamations issued by Governor Dudley relating to the Expedition to Canada. Printed. Same endorsement. 10 pp. [C.O. 5, 865. Nos. 91, 91 i.–xxviii.; and (without enclosures) 5, 913. pp. 405–411.]
Dec. 21.
Whitehall.
231. Mr. Granville, Secretary at War, to the Council of Trade and Plantations. Having layd your letter concerning the Invalides in the companys at New York before the Queen, H.M. was pleas'd to referr the consideration of that matter to the Commissioners for Chelsea Hospll., and I having now receiv'd their opinion that such disabl'd soldiers do continue at New York, but that it should appear by certificates from the Governor that the said soldiers have been disabled by wounds in H.M. service, or that they have serv'd in the army 20 years or upwards whereby they are become unfitt for further service; they also further proposing that the Agent here, who pays those companys, or such other person as the Governor shall appoint, by virtue of a letter of attorney from the soldiers shall receive their pay or pension money as out-pensioners of Chelsea Hospitall, and that the certificates before mention'd be sent to the Commissioners as proper vouchers for their admittance into the pension, I think it proper to give this information, etc. Signed, G. Granville. Endorsed, Recd. Dec. 24, Read Jan. 15, 17 11/12. 2 pp. [C.O. 5, 1050. No. 34; and 5, 1122. pp. 478, 479.]
Dec. 22.
London.
232. Mr. Wainwright to Mr. Newman. Gives details of the death of Col. Hilton (v. Dec. 3). He was shot by Indians in the woods of N. Hampshire, two years ago, whilst in command of a guard protecting cutters of H.M. masts, etc. Signed, Chas. Wainwright. Endorsed, Recd. Dec. 28, Read Jan. 14, 1711. Addressed, for Henry Newman, att his lodgings over White Hall Gate. 1 p. [C.O. 5, 865. No. 74.]
Dec. 22.
St. James's.
233. H.M. Warrant granting Edmund Jennings, Secretary of Virginia, leave of absence "for some time" etc. [C.O. 324, 32. pp. 111–113.]
Dec. 22.
Bristoll.
234. Merchants of Bristol trading to Newfoundland to the Council of Trade and Plantations. Wee take leave to remind you of the vast advantages that would accrue to Great Brittaine by obteining the sole benefitt of the Fishery and trade to Newfoundland, which by Act of 10 and 11th Wm. appears to be H.M. undoubted right. And conceiveing the ensueing treaty to be the likelyest time to regaine that trade to this Kingdome, most earnestly desire your honours' care in and favourable representation of the same. Signed, Saml. Shawe and 28 others. Endorsed, Recd. Dec. 27, Read Jan. 14, 17 11/12. 1 p. [C.O. 194, 5. No. 9; and, 195, 5. p. 264.]
Dec. 25.235. Petty Expenses of the Board of Trade, Stationery, postage etc. Sept. 29–Dec. 25, 1711. 4 pp. [C.O. 388, 76. Nos. 123–127.]
Dec. 29.
Exchequer Officer, Inner Temple.
236. Certificate that security has been given for Mr. Hyde, Governor of Carolina. Signed, Ga. Armiger. Endorsed, Recd. 2nd, Read 4th Jan., 17 11/12. ⅓rd p. [C.O. 5, 1264. No. 128; and 5, 1292. p. 334.]