America and West Indies
January 1712

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Institute of Historical Research

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Cecil Headlam (editor)

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1925

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187-211

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'America and West Indies: January 1712', Calendar of State Papers Colonial, America and West Indies, Volume 26: 1711-1712 (1925), pp. 187-211. URL: http://www.british-history.ac.uk/report.aspx?compid=73887 Date accessed: 31 August 2014.


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Contents

January 1712

Jan.—July.248. Permits to six ships to sail for America and the West Indies without convoy. [C.O. 324, 32. pp. 117, 118, 133, 154, 157.]
Jan. 1.
New York.
249. Governor Hunter to the Council of Trade and Plantations. This letter serves to inform your Lordps. of the affairs in the Jerseys, which will not give your Lordps. much trouble, all matters being in suspense there till H.M. pleasure be known concerning those gentlemen of her Councill mentioned in my former. I'le venture to promise an entire settlement both as to H.M. interest and the animosities in the country soe she'l be pleased to remove Daniel Cox, William Pinhorne, Peter Sonmans and William Hall Esqrs. from that Board. Mr. Pinhorne has not thought fitt to attend the Councill since ye Assembly at Burlington, and Mr. Hall has been the cheife promoter of an Address from the County where he lives of a very extraordinary nature, a copy of which I herewith send; the consequences of which have been that little or noe taxes have been paid by that county, and I very much doubt whether any will be paid without some extraordinary measures to compell them. As to the Supream Court there, I found it necessary to displace all the Gentlemen of the Councill of both sides from being Judges Assistants, and to place others of known integrity and reputation in their room, their being soe being noe part of the institution of the Court and holding there places only by special commission from the Governours, this was the only method left to obviate confusion in that Court, where all matters were in danger of being determined more by spirit of party than rules of Justice, and also to restore the people to the benefitt of appeals of which they might be bereaved by the number of Assistants on the Bench leaveing noe quorum to determine in the appeale, such by my Instructions haveing noe vote there. If yr. Lordps. approve of ye method of opening ye Court of Chancery in New York I shall be under a necessity of doeing it by a Proclamation in the Jerseys, despaireing of ever obtaining the advice and consent of that majority in Councill there as they now stand, or any advise for opening such a Court, there being nothing more dreaded by that sett of men than a Court of Equity not without reason. Signed, Ro. Hunter. Endorsed, Recd. April 10th, 1712, Read March 19th, 17 12/13. 2 pp. Enclosed,
249. i. Address of the inhabitants of the County of Salem, New Jersey, to Governor Hunter. We are deeply senceable of our gratious Queen's innewmerated favors, etc., one of which is in sending your Excellency, whose mild and gentle conduct we hope will cause us to say we are happy in congratulating your Excellency's safe arrival. We humbly desir your Excellency in your great clemency to grant that those of us that cannot produce silver money to pay our taxes the Collectors may be allowed to receive wheat, silver money being extreamly scarse, the straits must unavoidably come makes us intrude with this humble request that those who cannot procure there taxes may be preserved from distraints and as peace and concord is the strength of a county we humbly address your Excellency to grant us a new choise for Representatives for our county many of us being neglidgent in ye last election that those of our members who indangers our depopalation by strife and anymossities may be removed from that honourabl body that designing men may be disincouredged and we H.M. loyal and obedient subjects for your Excellency's long life and everlasting felicity your Addressors shall pray. Signed, John Hollingsworth, Thomas Wright, Jacob Hendrixson, Benjamin Jones, Roger Huckings, Isaac Pearson, Saml. Wade, Joseph Ware, Jeremiah Smith, John Loyd (his mark), Jonathan Smith, William Short and 250 presons more. Endorsed as preceding. 1 p. [C.O. 5, 970. Nos. 155, 155 i.; and (duplicates) 5, 1091. Nos. 63, 65; and (without enclosure) 5, 995. pp. 166–169.]
Jan. 1.
New York.
250. Governor Hunter to Mr. Secretary St. John. I did myself the honour to write to you by the way of Boston since the fatal miscarriage of that justly great attempt upon Canada. That misfortune has occasion'd a joint addresse of the Council and Assembly here to H.M. begging she would be pleas'd to renew the expedition, which I have by this conveyance (the Lowstoffe) transmitted to the Earle of Dartmouth. I have also sent to his Lordp. a copie of the Council's Representations to the Lords of Trade of the behaviour of the Assembly here and the deplorable state of H.M. Government in this Province. All hopes of a remedy on this side are groundlesse and vain. I am confident that I have left nothing unattempted in the power of man to procure a better settlement here, and I beleive all sober men will do me that justice. But now the mask is thrown off, they have call'd in question the Council's share in the legislation, trump't up an inherent right, declar'd the power granted by H.M. letters patents to be against law, and have but one short step to make toward what I am unwilling to name. The Connecticut scheme is what they have in their heads and, if I be not mistaken, they are flatter'd by some at home with the hopes of oblidging the Crown to that concession by their undutifull practices. The various and dissonant models in the Charter and Propriety Governments is apparently the spring which moves these pleplexitys in most of the Provinces. Let them be never so well, each conceives an opinion that their neighbours are better whilst upon another foot of Govt. In the infancy of the Colonies, the Crown was lavish of priviledges as necessary for their nurseing, but a full grown boy makes commonly but indifferent use of that indulgence requisite toward a child. If it is expected that the Colonys now they are grown up should be a help and of some use to their parent countrey, there is an evident necessity of ane uniformity in their Governments. Upon that alone amongst other things an uniformity in worship intirely depends a thing more to be wish'd then hop'd for as they now stand. For although I cannot accuse our missionarys of want of either zeal or industry, their progresse is but inconsiderable and their proselytes few, how indeed can it be otherwise when both legislative and executive powers are lodg'd in such hands as are likelier to pull it up by the roots then plant it, and the people they are to work upon are generally the obstinate, the whimsical and factious who flock hither for elbow room to exert their talents. This great work how necessary soever requireing so much time and being lyable to so many difficulties in the accomplishing can not be depended upon as a proper remedy for the desperate condition of H.M. Government in this Province. The officers upon the point of relinquishing their employments or starving, all the extraordinary expenses of Govt. defray'd by my poor credit, though I have never touch'd one farthing of their money, H.M. Council here vilified and insulted, and the officers of Government look'd upon as the common enemy's and marks of their malice, and all this without the least provocation or colour of reason, this I say is the true present posture of affaires here of which I have amply inform'd the Lords of Trade, and so cannot be accountable for the consequences. My own ruinous circumstances nothing affect me: I serve the best of Soverains who has formerly releiv'd me out of great distresses, and whilst it is apparent that I suffer in Her service and for asserting Her rights I boldly lay claim to your protection and recommendation for reliefe, etc. Signed, Ro. Hunter. 3½ pp. [C.O. 5, 1085. No. 2; and 5, 1091. No. 60.]
Jan. 1.
New York.
251. Governor Hunter to the Council of Trade and Plantations. The Councill's Representation of and remarks upon the proceedings of ye Assembly will sufficiently inform yr. Lordps. of the dismal situation of affaires in this Province soe farr as they relate to H.M. Government themselves and me. I hinted to your Lordps. some time agoe that I was not willing to incourage anything of that nature at that time, but now that there is noe hope of a remedy, when H.M. Councill is insulted without cause; their share in the legislation called in question, and H.M. Letters Patents and the powers granted by them set at nought, I cold noe longer discourage soe just an appeal and measures soe necessary for the vindication of that Board, which hath had nothing in view in all their actions but H.M. rights and interests, and for which they suffer at this present time; without being wanting in my duty to H.M. and that justice I owe to them. To make appeare to your Lordps. the little regard is paid here to ye powers granted by H.M. Letters Patents, I must intreat you to cast an eye on ye last page of ye resolves of ye house of Representatives, and then your patience whilst I give you a short account of the matters upon which these resolves are founded. The Country here in generall groaned under the want of a Court of Chancery, which had been discontinued for some time before my arrival in these parts. Petitions came thick for opening such a Court, and from some of their own members, upon which I consulted the Councill, they advised the addressing your Lordps. for your opinion on that head, some faults being found with the former constitution. Your Lordps. referr'd me to my Letters Patents, these direct that I shall by and with the advice and consent of the Councill erect constitute and establish such and soe many Courts of Judicature for ye heareing, trying and determining of all causes as well criminall as civill according to law and equity. I referred ye whole a matter again to a Committee of the Councill who reported their opinion to me that the Governor is Chancellor by vertue of the custody of the seale of the Province given to him by a particular clause in his Letters Patents, this report is approved by the Councill, upon which I issued a publick notification of that Courts being opened, and the house of Representatives in their angry mood resolved that the erecting such a Court without their consent is against law, without precedent and of dangerous consequence to the liberty and property of the subject. Had I declin'd or delay'd the opening that Court I had beene justly accused and by themselves too of being deafe to ye cryes of the people in a matter wherein I was sufficiently impower'd to releive them, and had I done it in the manner they seem to prescribe, who cold cleare me from the just imputation of haveing complimented the Assembly with the powers granted by H.M. to the Governor and Councill exclusive of them at a time too when they seemed to be upon the point of disclaimeing all powers not imediately derived from themselves. The other matter declared to be against law is the establishing fees without their consent. Your Lordps. well know that by my generall as well as an additionall Instruction for that purpose, I am directed to establish such a table of fees by and with the advice of the Councill here, which was accordingly done and transmitted to your Lordps. Your Lordps. find noe fault with the manner of establishing, tho' you seem to be in some suspence as to some fees contained in the table, for which reason the Councill thoughtfitt to lett a Bill establishing ye ordinance word for word tho' the title was a bill for establishing fees lye on the table untill further advice from yr. Lordps. These are my Lords the illegal proceedings I stand accused of in their Journals, but by the complements paid me in the joint address of the Councill and Assembly transmitted to ye Earle of Dartmouth by this conveyance, yr. Lordps. will be convinced that their spight is not personal, which for the safety and ease of H.M. Government here, I from my heart wish were soe. Your Lordps. are not ignorant of the complaints of H.M. officers at sea and land relateing to the incouragement of desertion from both services in these parts, and ye notifications of the same which I have received from the Lords of the Admiralty. You are likewise noe straingers to ye ruinous state of H.M. quitt-rents here and the frauds in the concealment and non-payment of the same. The Councill framed two bills (enclosed) early in this session to remedy these abuses and sent them to the Assembly for their concurrence where they were turned into ridicule and lay on their table for that purpose but were never vouchsafed one reading. In short after they had spent the greater part of this long session in frameing of bills, which they well know ye Councill without betraying their trust could not pass, and the remainder in unjust cavils with the Councill, not without some oblique stroaks at your Lordps., as you'l observe in the close of their answer to the Councill's reasons for insisting on their amendments to money bills, they very fairly adjourned themselves to the first Thursday in Aprill next from Nov. 24th last. In ye meantime ye Government is left without support, the officers of it under a necessity of relinquishing their offices or starveing in them, and all the indispensible expence thereof thrown upon me who never yet touch'd one farthing of their moneys. My own private affaires are next to irretreivable, but the hopes I have entertained all along of restoreing the declineing interest of the Crown in this province at last, have supported me under sufferings and discouragements unspeakable, soe your Lordps. must pardon me if I once more repeate that there is noe remedy for those evills or hopes of any on this side, the source of which I think to be apparently a resolution they have taken to oblige ye Crown to a concession that they may new garble their Government after ye Connecticut model. The Acts past this Sessions are, (i.) An Act to authorize ye surviveing Commissioners for the expedition to reduce Canada etc., which wants noe remark being only to supply a deficiencey in ye former Act. (ii.) An Act reviveing an Act for the better settleing ye militia. (iii.) An Act to prevent the impaireing the fortifications. (iv.) An Act for raiseing 2855 oz. of plate. This is for ye payment for the 150 men continued on foot for ye defence of the frontier this winter. (v.) An Act for ye Treasurers paying 3750 ounces of plate to ye Governor, this is noe more than a warrant for the Treasurer's paying to me soe much for ye repaires of ye fortifications of Albany and Schenectady and the payment of the 150 men. (vi.) An Act for reviveing an Act to prevent the selling or giveing of rum or other strong liquors to ye Indians in the County of Albany. (vii.) An Act to oblige the mannors in the County of West Chester to pay their arrears of taxes. The meaning of this Act is to remedy some inconveniencies that have arrisen from the neglect of some mannors in that county to elect supervisors and collectors, by which means the taxes there have not beene regularly paid. All these Acts are enclosed. The Acts sent up this Session which have not had ye concurrence and consent of ye Councill are besides those sent with the Councill's representation, which want noe further remarks, vizt. (i.) An Act for assigneing of Sheriffs, which needs noe other remark than that it is an Act circumscribeing the powers which the Governors have ever beene in possession of, and laying that office under such restrictions as make it impracticable to find in some counties persons soe qualifyed. (ii.) An Act for appointing an agencey for New York at Great Britain. Your Lordps. will observe that by this Act ye majority of the Assembly are to nominate such agent and to levy money for his support and a Committee of them even in the interval of ye Session as well as ye Assembly when sitting are to give such directions and informations to ye said Agent as they shall think fitt; by which means the Governor and Councill are excluded from giveing him any information or directions. This wants noe further remark, only I must beg leave to inform your Lordps. that the private designe of ye promoters of that Act was to put into that office one Coll. Lodwick mercht. at London, whose letters to John D'Peyster have beene dropt in the streets, and copys thereof sent to most of ye countys since my arrival here in order to obstruct the settleing of a revenue, and I must affirm to your Lordps. that that gentleman's meddleing in the affairs of this Province has beene of ill consequence to H.M. interests here at this time. (iii.) An Act for restraining ye bringing of any personal action in the Supream Court in this Colony under the value of £20. The Committee of Councill being informed by ye Cheife Justice that in England the restriction is only to 40s., and being in some suspense as to that matter have thought fitt not to make any report of it this Session. I have received a petition from the merchts. of this place representing the inconveniencies and dangers to their trade which must follow upon the new order of the Lords of ye Admiralty for victualling and cleaneing H.M. ships appointed for the service of this Province at Boston in New England, by which means they conceive they will be intirely deprived of that security to their trade intended by the service of those ships, and indeed the passage is soe long between these two places and their returne soe uncertaine that wee can propose but little use of them to ourselves whilst under these orders, of which I have also acquainted the Lords of the Admiralty. Col. Quary's letter will sufficiently inform your Lordps. of very black practices lately perpetrated in Pensilvania by one Parks master of the ship St. John Baptist under the patronage of the Government there. I remember well that last yeare whilst I was there, I was told by many that that ship was impudently loading provision for Petit Guave, tho' she entered and cleared for Jamaica, she performed her voyage to that French port, took in a cargoe there for Old France, but returned with it to Pensilvania. The Collector of New Castle in Pensilvania made seizure of her for tradeing with H.M. enemies but was forcibly disseized by the Sherriffe of that County, Coll. French, to whom the sloop which she brought with her was consigned by Park in case she should loose company. My repeated advices to the Lieut. Governor of that province togeather with ye opinions of the best lawyers in these parts cold not prevaile with him to seize Parks and his associates and send them to England for their tryal as ye Act of Parliament against forreign treasons directs, but all was smother'd in a country Court, which acquitted ye traitors, condemned ye vessells and goods, and awarded them their wages out of ye produce thereof; Before this sham tryall at ye repeated instances of Coll. Quarry I sent H.M.S. the Lowstoffe, Capt. Gordon Commander, with generall orders to seize on his cruize all such persons, their goods and effects, as had maintained any traiterous correspondence or trade with the enemy, who accordingly seized the said ship and sloop in Delaware River, and brought them to this port, all the goods being unloaded by Col. French before he came, by these meanes H.M. is defrauded of a cargoe to ye value of £8000, and a door opened to all such treasonable trade for the future in these parts, if noe method be found to bring these malefactors to condign punishment. As to the Palatins, I acquainted your Lordps. that I had imployed 300 of them in the land service under Col. Nicholson's command by H.M. order. Upon their returne to Albany, I there disarmed them again, as I did also the country troops before I disbanded them, they have since used some artifices and made some false allarums in order to induce me to restore their arms but to noe purpose, they are planted where they are covered every way, and whilst they are armed they are ungovernable, 'tis with much concerne that I must aquaint your Lordps. that what from the instigations of their ill neighbours, what from the natural turbulencey of their temper I find it hard to keep the generality of them to their duty and the terms of their contract without force. The work is however in as great forwardness as the time would allow, 100,000 trees ready for the manufacture next fall and 10,000 for this spring, the magazine is up, the bridges and roads made; and in a word everything ready for making the great essay, but to make all sure I humbly offer to your Lordps. that H.M. be addressed to signifye under her royall hand that she expects from them the performance of the terms of their contract, and further that in regard there are two forts now actually a building in the Indian country by her orders, and that the number of regular troops here is much too small for these five garrisons, she would be pleased to augment them to the number of a Brittish batalion at least, and form them into a regiment, the independencey creating confusion, by these meanes our garrisons dureing ye warr will be more secure, the Palatins more easily kept to their duty, and ye work be carryed on dureing a peace if need require without them by makeing an allowance to the soldiers of 12d. per day extraordinary for working days only. I acquainted your Lordps. how basely Mr. Bridger has endeavour'd to betray this service, he has since wrote to me that it was not by his own will that he absented himselfe, he best knows whose will determined him to soe black a purpose; his practices with relation to ye Queen's woods by the report of all honest and impartiall men acquainted with that matter, has beene equally vicious, however the Governor of New England has thought fitt to baulk that inquirey by appointing his confederates as I am informed for his inquisitors. Of which proceedings some gentlemen of New England have sufficiently informed my Lord High Treasurer. Mr. Richard Sackett who has the direction of the tarr work and understands it much better has never left it since he enter'd upon it, but by indefatigable labour and industry has brought matters to bear a better face than formerly and well deserves a reward to which I humbly recommend him. I have as yet noe notice of the payment of any of my bills for the subsistance of that people, notwithstanding which I proceed to imploy all ye creditt I am master of for that purpose in the manner that I am directed by H.M. instructions judging it impossible that this soe universaly beneficiall project should be dropt when it is carryed on soe farr and in soe fair a way. Encloses a copy of Transactions with the Indians. All is quiet at present upon the frontiers, but soon after the returne of our troops to Albany a party of about 20 French Indians fell upon two farm houses, murdered two men a boy and a woman and two soldiers, and two small children, but lost three of their own number of men in the action, after which they set fire to the houses and run away. Signed, Ro. Hunter. Endorsed, Recd. April 10, Read June 3, 1712. 12½ pp. Enclosed,
251. i. Address of the Council of New York to Council of Trade and Plantations. Dec. 13, 1711. Wee have all along conceived hopes from ye great prudence and equall administration of our Governor, that ye Assembly would at last be brought to settle a revenue for ye support of Government as formerly, wch. is ye reason we have not presumed to trouble your Lordps. with our thoughts on the sad state of affairs here, but finding our expectations frustrated, we should be unfaithfull to ye trust H.M. has been pleased to honor us with to be any longer silent in a case which so much requires our applicacon and at a time when by a too long neglect of proper remedys ye officers of ye Governmt. are languishing and H.M. interest lyes gasping. We therefore humbly represent to your Lordps. that ye Revenue by which H.M. Governmt. here has been supported ever since it was imediately under ye Crowne expired the 18th of May, 1709; that H.E. our present Governor has done all that it was possible for man to do to win ye Assembly to sittle an honourable support of Governmt., but all the faints they have made towards it have been to pass some bills in a very new and unusuall manner for levying money, which if they would raise ye summes it was pretended, or if those summes would come within any manner of prospect of answering ye exigencies of Governmt. ye nature of the bills themselves was such as is very unprecedented and which we could not pass without departing from our duty, we shall give [y] our Lordps. instances in some of these bills, and crave leave to make a few remarks upon them, and they shall be only those of this session, because we find H.E. has acquainted yr. Lordps. with their proceedings of the last yeare. The first is a bill for levying a duty on chimneys and a poll, by which ye money thereby intended to be raised is given to H.M. towards ye support of the Government and is directed to be paid to ye Treasurer of ye Colony, who is not thereby made accountable to anybody, ye Councill amended it by leaving out ye word Treasurer throughout ye Bill, and making ye money payable to ye Receiver General (as has been ye practice with respect to money given for ye support of Government) and making him accountable to H.M. to ye Governor and Councill, and likewise to ye Assembly, which latter tho' it be a concession never before granted to the Assembly for money for support of Governmt., we yet ventured to give them that we might thereby remove their objection of ye misapplication of the Revenue. The next is a Bill for laying a further duty on ye tonnage of vessells and on slaves, and for repealing ye Acts heretofore made relating to those dutys. By this Act the Assembly intended that all vessells not wholly own'd by ye inhabitants of this Province should pay ye tonnage, but by mistake they had subjected all vessells wholly owned by ye inhabitants of this Province to those dutys, which we amended, ye money intended to be raised by this bill is given to H.M. towards ye support of ye Government and directed to be paid to ye Treasurer of this Colony, and to be collected by an officer of the Assembly's appointing and named in ye Bill who is thereby obliged to give security to ye Speaker a thing never before heard of, this we thought likewise of such consequence that we amended it by declaring ye Receiver Generall to be ye proper officer for collecting it by obliging him to give security to H.M. and by directing ye money to be issued pursuant to H.M. Instructions. By this Bill likewise ye officer for collecting ye dutys was made accountable to ye Governor and Assembly without taking any notice of ye Councill, this also we amended, making him accountable to ye Governor, Councill and Assembly. These bills with ye amendments which we herewith lay before your Lordships, being sent back to ye Assembly, we expected they would either have agreed to ye amendments, or else that they would have signifyed their disagreement in such manner as might have lead us by proper conferences into ye debate of the reasonableness of them, but instead of that they returned those, two bills with a message that their house is well assured ye Councill cannot but be sufficiently informed of ye undoubted right and constant resolves of their house not to admit of any amendmts. to be made by us to money bills; this message put an end to our first expectations, and obliged us to think of some measures for asserting our right which they thus call is question. Accordingly we drew up some reasons for our insisting on that right which we sent to them and which your Lordships will receive. To these reasons the Assembly sent us an answer, enclosed. So that neither of the bills are past. Your Lordps. we believe will find something very new and extraordinary in this answer of ye Assembly, first that it calls in question any share we have in ye legislacon which is given us by ye Queen's commission that gives this Province ye indulgence of an Assembly, and we believe it is ye first, and hope it will be ye last instance of this kind. In next place it starts a notion of the Assembly having an inherent right to dispose of the freemen's money. We pretend no right to dispose of their money without ye Assembly, and that ye freemen can't be divested (as the Assembly call it) of their property without their consent, all that we insist on is ye right we have to amend money bills, and that we have such a right your Lordships have formerly given your opinion to ye then Lord Cornbury, when he was our Governor, and there never was so great occasion as now to exert it, seing we are about to be deprived of it by a very illegicall conclusion. We shall say nothing to what ye Assembly mention of yr. Lordships' opinion, for it wants not our assistance, as to ourselves we beg leave to assure your Lordps., that in this particular and in all others it will be ever had in ye greatest esteem by us, and to your Lordps. we do with great chearfullness submit these our proceedings. These two are all ye bills past by ye Assembly this session for giving money for support of Governmt., and are the first since H.E.'s arrivall wherein ye money intended to be raised is declared to be for that use. We therefore beg your Lordps.' patience whilst we say a few words in generall concerning our amendments, etc. The practice here (and we believe in H.M. other plantations) being to give money generally for ye support of Government, such money has been made payable by ye Acts that gave it to ye Receiver Generall who is H.M. officer, the Assembly notwithstanding have by these bills directed it to be paid to ye Treasurer of the Colony who is their officer for money raised for extraordinary uses and not for ye support of Governmt.; we thought it our duty not to give way to an innovation so little agreeable as we conceive to H.M. Instructions and her prerogative of appointing her own officers for ye receiveing her money and therefore we made the amendments of this kind. Some time after these two bills were sent up to us by the Assembly, they sent us two others, one for ye Treasurer to pay to H.E. 8025 ounces of plate, by which bill they direct the money to be paid to H.E. the Governor or his order for firewood and candles for the garrisons at New York and Albany, an Indian interpreter and for a smith to reside among the Indians and other support of Government until June 13, 1712, by which the summe is appropriated to those particular uses. The other, for sundry summes to be paid by ye Treasurer, whereby there is soe much appropriated to severall officers of the Government and soe much to ye Governor for extraordinary uses. These likewise being bills of a very unusual and extraordinary nature wee could not consent to them in the termes wee received them, apprehending the ill consequences that would flow from thence, some of which wee conceive are that ye Assembly intending H.E. should have noe more then £1000 a yeare this country money for his sallary, wee should by our concurrence with ye Assembly as much as in us lay, question H.M. undoubted right to appoint such sallaries as she thinks convenient for her officers. In ye next place (if this concession be drawne into practice) the officers will become subservient to ye pleasure of those who pay them, and by the same rule they are retrenched this year; the same method may be pursued from yeare to yeare till at last they have nothing left but the name of an office to subsist them. However the Assembly pretending they had money in their Treasurer's hands, which they were willing to apply to the support of Government, wee were willing to goe with them what lengths wee could, and therefore consented to those bills with the amendments which your Lordships will receive in them hopeing by this meanes they might be brought to provide for the deficiences, but this gave noe satisfaction, the Assembly called them money bills, and resolved not to admitt of any amendment, soe that they remaine unpast and ye Government without a shilling to support it. It is with great greife that wee are constrained to represent ye miserable state of H.M. Government here to your Lordps. Yet ye duty wee owe H.M. and ye obligation of our oaths oblige us to speak at this time, etc. This Government has beene without any support ever since H.E. Col. Hunter's arrival, whose justice and prudent administration, if there were noe other consideration have deserved a quite different treatment. Wee have done all that has layne in our power to procure a support of Government, but wee have noe hopes that by any arguments of ours wee shall obtaine what wee soe much desire. Your Lordps. will easily beleive it is very greivous to us to see ye Government in this deplorable condition, and we tremble to think of what worse consequences may ensue if some proper remedys may be not speedilly applyed. To your Lordps. therefore wee address ourselves to make known to H.M. the state of her Government here. Wee shall give your Lordps. one instance more of ye Assembly's preemptoriness not to admitt of any amendment to money bills. And it is in the Bill for paying the arreares due to ye forces late raised in the County of Suffolk for ye expedition against Canada in 1709, whereby ye money is not given to H.M. her heires etc., the Councill amended that, but the Assembly had recourse to their former resolve not to admitt of any amended to money bills, tho' they know H.M. lately rejected one of their Acts for raiseing £600 for ye City of New York because it was not given to H.M., her heires and successors. Soe that bill is not past. Wee shall not take up so much of your Lordps.' time as to enter into any argument for this our right to make amendments to money bills. Your Lordps. who best know them have already given your opinion therein, and you will by these papers see what the practice has been which ye Assembly doe not nor can denye. Wee desire therefore that ye determination of this dispute betweene us may be signifyed in such a manner as may put an end to it. Thus much for the bills. Wee begg your Lordps.' patience a little longer whilst wee take some notice of two resolves of the Assembly of Nov. 24th last, the very day they were pleased to adjourn themselves on till the first Thursday in Aprill next. H.E. did some time since with the advice of ye Councill, and the great necessity the Province was in, of such a Court, open the Court of Chancery, himselfe being Chancellor by ye delivery of ye seales as ye majority of ye Councill were of opinion. The Assembly ye last day of their sitting resolved that ye erecting a Court of Equity without consent in Generall Assembly is contrary to law without precedent, and of daingerous consequence to ye liberty and property of ye subject. Whereupon it may be observed that H.M. has given to ye Governour by her Commission full power and authority with the advice and consent of ye Councill to erect, constitute and establish such and soe many courts of Judicature and publick justice within this province as ye Governor and Councill shall think fitt and necessary for the heareing and determining of all causes as well criminall as civill according to law and equity, which your Lordps. were pleased to observe to H.E. June 29th. If therefore the first part of this resolve be true, H.M. has given to ye Governor and Councill power by her said Commission to doe that which by law she cold not; but if H.M. can lawfully give such a power, then wee shall be proud to forget that ever a resolve of this kind was past by a people soe graciously distinguished in many instances of H.M. princely favour. It is not without precedent that a Court of Chancery has beene erected in this province without consent in Generall Assembly, and if the erecting of it without their consent be lawfull, wee are very well assured that it will not be attended with any daingerous consequences. The other resolve is, that the establishing fees without consent of ye Generall Assembly is contrary to law. The power of establishing of fees is likewise given to ye Governor with ye advice and consent of the Councill, not only by an article in H.M. Generall Instructions, but likewise by a perticular and additionall Instruction grounded upon H.M. rejecting an Act of Assembly past here in 1709 for regulating and establishing fees. If then H.M. can lawfully give such a power, what must these resolves meane ? Signed, Sam. Staats, Robt. Walter, G. Beekman, Rip Van Dam, Caleb Heathcote, John Barbarie. Tho. Byerley. Endorsed as preceding. Copy. 10½ pp.
251. ii., iii. Copy of proceedings of the Council and Assembly of New York relating to money bills, Nov. 1711. Endorsed, Recd. April 10, 1712. 2 pp.
251. iv.–xv. Copy of 5 Bills of New York with the Council's amendments. Endorsed as preceding. 24 pp.
251. xvi.–xviii. Copy of three bills of New York with Col. Hunter's remarks. Endorsed as preceding. 6 pp. [C.O. 5, 1050. Nos. 45, 45 i.–xviii.; and (without enclosures) 5, 1123. pp. 1–18; and (covering letter and enclosure i. only) 5, 1091. Nos. 58, 61; and (duplicates) 59, 64.]
Jan. 1.
New York.
252. Governor Hunter to the Earl of Dartmouth. I know I am troublesom but know noe remedy, were my private interests only at stake, though I have done nothing to forfeit my claime to a share in that protection yr. Lordps. has ever afforded the distressed, I would suffer in silence, but now that H.M. interests in this province seem to be at ye last gasp, and all efforts on this side fruitless, my silence would be criminall, and an unexcusable breach of the trust repos'd in me. Refers to preceding letter and enclosure. The unhappy miscarriage of ye intended expedition agst. Canada has occasioned also the inclosed address to H.M. from ye Councill and Assembly of this Province, to which I humbly intreat your Lordp. will be pleased to procure access. Signed, Ro. Hunter. 1 p. [C.O. 5, 1091. Nos. 62; and (duplicate) 66.]
Jan. 3.
Boston.
253. Lt. Gov. Vetch to the Earl of Dartmouth. Refers to former letters. This comes more particularly with relation to a company of Indians which I proposed to General Hill to compose a part of the garison of Annapolis Royall: who would be of greater use and service then double their number of Brittish troops. I gave your Lordship the trouble of the coppy of my letter to General Hill togither with his to me approving the same, and ordring me to detain one of the New England companys of Indians att Annapolis untill another company should be raised by Major Livingston, but the ship in which both companys of Indians were lost the convoy and runn away to Boston (as did severalls of the transeports who had part of our garison aboard) and before Generall Hill's letters or mine to Colonel Dudley to acquaint him of the same could reach him they were all disbanded and dispersed: as Generall Nicholson cann more fully inform your Lordship: however finding Major Livingston here att my arrivall and by severall accounts from prisoners that came from Canada of the Frenchs and Indians from thence designing to disturb the garison of Annapolis Royall, I immediately dispatched him with a commission to raise a company of Indians, to be upon the establishment of said garison as Generall Hill had directed, and wrote to the severall Governours to assist him etc., the which being now allmost compleated will be ready to embarke here: as soon as the season of the year will allow them, which is now very seveer. The company consists of 58 officers and men. The officers have been in pay since the beginning of November etc. Prays that the company may be upon a setled establishment, and if the garison be formed into a regiment, that it may be incorporated into it, and that meantime the bills drawn for their pay may be punctually payed, etc., etc. Signed, Sam. Vetch. 1 p. [C.O. 5, 9. No. 104; and (duplicate) 104 (i).]
Jan. 3.
Boston.
254. Col. Tailer to [? the Earl of Dartmouth.] Col. Dudley treats me with all respect, and has given me the post my predecessor had. Since my arrivall I recd. H.E.'s commands for the reviewing our frontiers, and to put them in a poster of defence, wch. I have don'. I must begg leave to remind your Lordship of Mr. Secretary Granvill's report referring to my pay, for I have never recd. one farthing, etc. Signed, William Tailer. 2 pp. [C.O. 5, 898. No. 23.]
Jan. 3/14.
Riga.
255. Mr. Whitworth to Mr. Popple. Reply to Nov. 13. In this country little or no tar is made, nor in Prussia, but as soon as ever I get to Petersburgh, I shall send the most particular accounts I can procure, etc. Signed, C. Whitworth. Endorsed, Recd. 13th, Read 25th Feb., 17 11/12. 1 p. [C.O. 5, 1050. No. 36; and 5, 1122. pp. 488, 489.]
Jan. 4.
St. James's.
256. Memorandum of Warrant for Thomas Maxwell to be of the Council of Barbados. [C.O. 324, 32. pp. 116.]
Jan. 4.
Whitehall.
257. Council of Trade and Plantations to the Earl of Dartmouth. Edward Hyde having given the usual security as Governor of Carolina, etc., we enclose draught of Instructions for H.M. signature, being to the like effect as those given to all Proprietors on similar occasions. Autograph Signatures. ½ p. Annexed,
257. i. Instructions to the Lords Proprietors of Carolina. [C.O. 5, 1292. pp. 335—371; and (without enclosure) 5, 306. No. 5.]
Jan. 9.
Whitehal.
258. Mr. Blathwayt to Mr. Popple. "The Commissioners for taking the public accounts having by their precept directed me to lay before them from time to time the accounts of H.M. Plantation Revenues under my audit," requests delivery of accounts brought home by Major General Handasyd. Signed, Wm. Blathwayt. Endorsed, Recd. Read Jan. 11, 17 11/12. 1 p. [C.O. 137, 9. No. 59; and 138, 13. p. 378.]
Jan. 9.
St. James's.
259. H. M. Warrant to the Attorney or Solicitor General to prepare a bill appointing William Cock Secretary of Virginia, and revoking that of Edmond Jennings. Countersigned, Dartmouth. [C.O. 324, 32. pp. 116, 117.]
Jan. 10.
St. James's
260. Order of Queen in Council. The Council of Trade and Plantations are to examine and report how far Major Douglas hath complyed with his Instructions relating to the murther of Governor Parke, etc. Signed, Edward Southwell. Endorsed, Recd. Read Jan. 15, 17 11/12. 1 p. [C.O. 152, 9. No. 93; and 153, 11. p. 414.]
Jan. 11.
Whitehal.
261. Mr. Popple to Wm. Blathwayt. In reply to Jan. 9th, encloses copies of accounts of H.M. Revenue of Jamaica 1709–1711. [C.O. 138, 13. pp. 379, 380.]
Jan. 12.
Whitehall.
262. The Earl of Dartmouth to the Council of Trade and Plantations. Refers following for their report. Signed, Dartmouth. ¼ p. Enclosed,
262. i. Petition of John Frere to the Queen. Prays to be restored to his precedency in the Council of Barbados, the name of Timothy Salter, though appointed subsequently having been by mistake inserted before his in the list of Councillors. 1 p.
262. ii. Certificate from Ld. Dartmouth's office that John Frere was appointed some months before Timothy Salter in 1709. Signed, C. Delafaye. ¾ p. The whole endorsed, Recd. 15th, Read 17th Jan., 17 11/12. [C.O. 28, 13. Nos. 79, 80, 80a.; and 29, 12. pp. 398–400.]
Jan. 14.
Whitehall.
263. Council of Trade and Plantations to the Queen. Recommend John Wentworth to be of the Council of New Hampshire in the place of Winthrop Hilton, etc. [C.O. 5, 913. p. 369.]
Jan. 15.264. Mr. Attorney General to the Council of Trade and Plantations. I have no objection in point of law or otherwise to the Act of Barbadoes to dock the entail of certain lands, etc. in the parish of St. Philip and to vest the same in Benjamin Chapman, planter, in fee simple (v. Nov. 2, 1711.) Signed, Ed. Northey. Endorsed, Recd. 10th (sic) Read 29th Jan., 17 11/12. ½ p. [C.O. 28, 13. No. 82; and 29, 12. p. 404.]
Jan. 15.
Whitehall.
265. Council of Trade and Plantations to the Earl of Dartmouth. Enclose addresses from the Council and Assembly of Jamaica (v. Oct. 18, 1711) to be laid before H.M. Autograph signatures. 1 p. [C.O. 137, 46. No. 2; and 138, 13. p. 383.]
Jan. 18.266. Mr. Attorney General to the Council of Trade and Plantations. I have perused the Act of Barbadoes, to render more effectual certain legacies bequeathed by Capt. Williams to the parish of Christ Church (v. Nov. 2, 1711), and am humbly of opinion that the same is not fit to be confirmed, for that the occasion of passing the bill being to capacitate the Churchwardens of the said parish to take an assignment of lands, which they could not take without the help of an Act, not being a Corporation, and for which purpose the Act was reasonable, this Act does enact that all purchasers under the Churchwardens of the land so to be conveyed to them by the Serjeant-at-arms, who had seized the lands pursuant to a decree of the Court of Chancery there, shall hold and enjoy the same against the heirs, exors. admors. and assignes of Capt. John Williams, who by the act is stated to have devised a charity of £600 to that parish, and the Churchwardens whereof had obtained a decree against Richard Williams, his admor. with his will annexed for payment of the same. On which decree lands of inheritance of the said John Williams had been seized, which I take to be unjust, for that it does not appear that the testator had charged his real estate with that legacy, and for that the heir of the testator was not made a party in that suit, and has a right to controvert that matter. And also for that the purchaser under the Churchwardens are enacted to hold and enjoy against the assignes of John Williams, which will make void the mortgages, conveyances and settlements made by the testator in his life time. Signed, Ed. Northey. Endorsed, Recd. 22nd, Read 29th Jan., 17 11/12. 1¼ pp. [C.O. 28, 13. No. 81; and 29, 12. pp. 402, 403.]
Jan. 19.
St. Jago de la Vega.
267. Governor Lord A. Hamilton to the Council of Trade and Plantations. By this opportunity of the Anglesea man of war, (the first that has offer'd since my last, a duplicate whereof goes herewith inclosed) I transmit to your Lordps. the rest of the Acts past the last Assembly, together with the Votes of the Assembly, Minutes of Council, etc. Your Lordships will observe the usual supplies given, and the sum of £5000 appropriated to the Revenue, which has not been obtain'd without some difficulty, tho' it be calculated but to answer the occasions of the ensuing year. This being an extraordinary demand, makes me think it necessary to acquaint your Lordships from what circumstances I apprehend it to have proceeded; and in order to that I have already informed you, that at my arrival here, I found a Treasury (if £3000 per annum deserves that name) not only exhausted but in debt, the Queen's House and all publick buildings in a ruinous condition, to that degree that less than £2000 has been computed, would not suffice for repair of the Queen's House alone. But, my Lords, not to mention these extraordinary occasions, I confess it has been some surprize to me to find that by the computation of the annual debursements out of the Revenue, they very near amount to double its incomes; as your Lops. may observe under particular heads in the Journal of the Council: and this will lay me under a necessity of expecting continual assistances from the Assembly: nor can I well conceive how the Revenue here is to be improved. The Quit-rents (I am affraid) are ill collected; but am told there is no way of ascertaining them better, without a general survey, which would be of more charge than profit. The escheats, which were a considerable branch formerly, are by the Act for quieting possessions pretty much abated in number; and these that are found, since H.M. positive Instructions to the late Governor not to grant them untill application had been first made to your Lops. remain in the possession of such persons as have prosecuted them to judgement in the Queen's name, without any application at all for grants for them, contenting themselves with the possession, not so much as paying the quit-rent for them, where they are of land, and the value found by the jury, as well as the quit-rent, is by this means lost to the Revenue. Your Lops. may easily conceive, I looke upon this to be an abuse, and expect that I'll endeavour to remedie it, which I have not hitherto been able to do, tho' I have given assurances I would recommend no person to your Lops. for the favour of such grants, but those who had discover'd them, and been at the charge of the prosecutions: and indeed unless that be a rule, I must take the liberty to acquaint your Lops. no such discoveries will be made. As to the other Acts past, I humbly recommend them to your Lops. as fit for H.M. approbation: that for excluding Members of the Council or Assembly being Commissioners on publick funds, I hope may have the desired effect: and indeed I find we are too apt in this warm climate to fall into heats and animosities on the most triffling occasions, not to think it expedient to remove all that's possible. That with respect to orphans and executors I am perswaded will sufficiently recommend itself to your Lops. patronage, as an Act that will give as much satisfaction to the merchants in Great Britain, as to the generality of this Island. The other concerning fowling and fishing, your Lops. won't think of consequence enough to be refused; as carrying with it no great prejudice, if little good. The close of this session, I first gave them a short prorogation, and a little time after, prorogued them further, till Aug. 1st, when I intend they shall meet to do business. I have made it my business since to inform myself more particularly of the state of the Island, and to visite the most considerable parts of it; and am very [? sorry] to be obliged to tell you that I have found it in a much worse condition than I could possibly have expected. The fortifications that are, are slight, ill contrived and out of repair: to these I have already given orders both for repairs and some new additions, of which I will give your Lordps. at another occasion, a particular accot., with the plans thereof. The want of inhabitants is not so easily remedied, and this misfortune has received a considerable addition by the late mortality that has been here; But at present the Island is again become more healthy. The Regiment here is very much reduced, not having for a considerable time past any supply of recruits come to it; and one half of the officers are absent from their duty. All this is attended with a great dearth and scarcity of provisions, having had no supplies thereof from Europe for several months past. Some negroes said to have been provided, have committed the greatest of villainies in murdering their mistress and attempting further mischief; some have been brought to condign punishment, several have escaped, and I have ordered a party after them: I wish these necessities may not occasion others to follow their example; if the cause, which is to be fear'd should remain: so that in all respects this Island is at present weak and in a bad condition. I think it my duty to acquaint your Lops. that a privateer of this Island having some time ago taken a vessel bound for the Havanah, wherein the Governor, President and Captain General of the Spanish coast of St. Domingo happen'd to be passenger; designing from thence to Old Spain; I detain'd him upon account of H.M. subjects that are kept prisoners at Lima, concerning whom I had the Secretary of State's directions before I left England. I take this to be a favourable occasion for reclaiming them, and in order thereto, I have caus'd him write to the Vice-Roy of Peru and President of Panama (to whom I have also written on the same occasion) that he is detained by way of reprizal, for these prisoners, till I am assured that they are set at liberty: and concluding the effect of these letters will be the same as if he were longer kept here, I have with the unanimous advice of the Council, sent him on board a man of war bound home with this Fleet. I likewise send another prisoner which I must particularly mention to your Lops., that is, one Nicholas Gualtier, concerning whom I must referr your Lordps. to the opinion and advice I have received of the Council, as you will see the same at large towards the latter end of the Minutes of Council herewith sent. It is by the unanimous advice of the Council that I dispose of him thus; and not suffer him to go to Curacao, under the pretence of being a naturalized subject of Holland, according to the prayer of his petition. As this might possibly be a national dispute, it deserved all the deliberation it was capable of; and I hope your Lops. will be of opinion it has had it. I am perswaded I need not trouble your Lordps. with a repetition of what I wrote formerly, touching the relief of those aggrieved by the bonds given for the duties on prize goods. As for news from these parts, what follows is all I can acquaint your Lops. of at present. There is advice from the Havanah of the latter end of November last, that the quicksilver ships were arrived there from La Vera Cruze, and that the late Vice-Roy of New-Spain (the Duke of Albekirk) is on board them; and that the Duke of Linaxis now governs that Kingdom in his stead. The Barlovento Fleet was likewise arrived at Puerto Rico or St. Domingo by this time, to pay the guarrisons of those places. From Carthagena we hear that a packet boat arrived there from old Spain, above two months since, with orders to recall Don Carlos D' Suere, Lieutenant-Governor of that city, upon some suspitions of his keeping a correspondence with the enemies of his master; and soon after sail'd in the said packetboat. The Marquis de Villa Rocha late President of Panama is gone to Spain; and Don Joseph de Armesago has succeeded him in that Government. The Marquis de Castell dos Rios Vice-Roy of Peru, died some time since, and that kingdom is govern'd now by the Bishop of Quito, etc. P.S. Refers to enclosures. I have not received any of your Lordships commands since I left Eng land. Signed, A. Hamilton. Endorsed, Recd. May 3rd, 1712. Read July 17th, 1713. 6¼ pp. Enclosed,
267. i. Exports from Jamaica, March 25, 1709—Sept. 29, 1711. Number of ships, to England, 157, Plantations, 111. Sugar, to England, hhds. 24,985, tierces 41, barrils 156, casks 47, chests 22; to Plantations, 1081 hhds., 73 tierces, 341 barrils, 4 casks, 25 chests, 1 box, 6200 lb. Sugar, clay'd and white, to Plantations, 1 tierce, 4 loaves. Molosses, to England, 89 hhds.; to Plantations 13 pipes, 315 hhds., 62 tierces, 17 barrils, 4 jars. Rum, to England, 16 buts, pipes and puncheons, 12 hhds., 2 tierces, 4 barrels, 2 casks, 1000 gallons; to Plantations, 105 buts, pipes and puncheons, 65 hhds., 105 tierces, 31 barrels, 39 casks, 12,890 gallons, 4 gross bottles. Lime juice. To England, 2 puncheons, 43 hhds., 10 tierces, 22 barrels, 63 casks; to Plantations, 2 puncheons, 8 hhds., 15 tierces, 6 barrels, 23 casks, 150 gallons. Piemento, to England, 32 pipes, 207 hhds., 54 tierces; to Plantations, 7 tierces. Cocoa, to England, 41 pipes, 189 hhds., 42 tierces, 100 barrels, 557 casks, 1804 seroons, 440 bags, 8000 lb.; to Plantations, 12 pipes, 6 hhds., 26 tierces, 33 barrels, 50 casks, 121 seroons, 84 bags, 50 lb. Indico, to England, 5 tierces, 858 barrels, 548 casks, 1 box; to Plantations, 12 barrels, 5 casks, 2 boxes, 6 bags, 290 lb. Madera, to Plantations, 354 pipes, Canary, 32. Sarsaparilla, to England, 1 hhd., 1 cask, 212 bales, 800 bags, 16 bundles, 18 boxes, 16000 lb. Cinamon, to England, 7½ tuns, 1 fat, 2 hhds., 1 barril, 10 bales, 342 bags, 3 chests, 2200 lb. Piemento, to England, 329½ barrels, 364 casks, 70 bags, 5000 lb.; to Plantations, 25½ barrels, 16 casks, 4 bags, 180 lb. Caskarilla, to England, 3 casks, 4 seroons, 4 cases. Chana Root, to England, 15 bags. Tortois-shell, to England, 1 hhd., 7 barrels, 8 casks, 1 box. Vigonia wool, to England, 2 hhds., 1 tierce, 72 bags. Spanish wool, to England, 99 bags. Logwood, to England, 898½ tuns, 3075 lb.; to Plantations, 6 tuns. Fustic, to England, 1188 tuns, 580 sticks, 2400 lb.; to Plantations, 281 tuns, 2300 lb. Logwood and fustick mixed, to England, 38 tuns. Lignum-vitæ, to England, 1880 lb.; to Plantations, 6 tuns, 2300 lb. Camwood, to England, 25 tuns, 1505 sticks. Mohogony wood, to England, 2200 feet, Nicorogo wood, 52 tuns, Stockfish wood, 14 tuns. Manchaneel, to Plantations, 212 feet. Hyppocuana, to England, 1 barrel, 2 casks, 19 seroons. Cortex Winterania, to England, 20 cases, 104 bags, 1400 lb. Cortex citerania, to England, 1 bag. Jesuits bark, to England, 8 chests, 6 boxes. Snuff, to England, 65 barrels, 35 casks. Furs, to England, 5 hhds., 7 cases. Aneta, to England, 2 casks, 1 seroon. Spanish tobacco, to England, 10 hhds., 52 packs; to Plantations, 3785 lb. Malagete, to England, 49 buts, 1800 lb, Balsom, to England, 1 barrel. Ebony, 13 tuns. Chocolate, to Plantations, 1 barrel. Cotton, to England, 2210 bags; to Plantations, 200 bags. Ginger, to England, 7552 bags; to Plantations, 153 bags. Elephants teeth, to England, 6517. Cassia fistula, 3 tierces. Hides, to England, 4452; to Plantations, 130. Sides of Leather, to Plantations, 40. Pitch, to England, 10 barrils; to Plantations, 1 barril. Negroes, to Plantations, 947, Indian slaves, 4. Salt, to Plantations, 1500 bushels. Brandy, 10 quarter casks, Hungary water, 33 bottles, flour, 361 barrils, and a few other small items. Endorsed as preceding. 2 pp.
267. ii. Imports to Jamaica, March 25, 1709—Sept. 29, 1711. Number of ships, from Great Britain, 104; from Plantations, 207. The imports consist chiefly of provisions (beef, flour, beer, wine, butter, cheese, fish, pork, etc), timber, elephants' teeth, sarsaparilla, pitch, tar and 11,137 negroes, by separate traders. Same endorsement. 1 p. [C.O. 137, 10. Nos. 6, 6 i., ii.; and (without enclosures) 138, 13. pp. 440—450.]
Jan. 19.
St. Jago de la Vega.
268. Governor Lord A. Hamilton to the Earl of Dartmouth. I need not trouble your Lop. with a repetition of what I wrote (Oct. 18) in relation to the Governor of the Spanish coast of St. Domingo; etc., etc. In the minutes of the Council, now transmitted to the Lords Commissioners of Trade, the following character is given of the said Governor, vizt., that he is a person intirely in the interest of France, and a creature of the French Court; that, by a letter of his formerly intercepted, it appear'd he had endeavour'd to inveigle several Irish Papists settled in H.M. Colonies; alleadging it was for their interest to desert the tyranny these Heretick Dogs exercis'd over them; with some other indecent expressions. Your Lop. will see among his papers, a particular printed accot. of his name, family, titles and pretensions at the Court of Spain, by a full enumeration of his services, etc. He was designing from the Havannah for old Spain, to answer to some complaint exhibited there against him. Repeats concluding part of preceding. Signed, A. Hamilton. 3½ pp. [C.O. 137, 51. No. 58.]
Jan. 20.
St. James's.
269. H.M. Licence to Thomas Hodges, Attorney General of Barbados, to stay 6 months longer in England, for the recovery of his health, he appointing a deputy approved by the Governor, etc. [C.O. 324, 32. pp. 117, 118.]
Jan. 21.
[1711=12?].
270. Petition of John Collins, Governor of Newfoundland, to the Queen. In Dec. 1708, St. John's Fort having been surprized by the French, petitioner, being commander of the Militia, raised the best force he could and attempted its relief, with great hazard of his life. He was carried away prisoner to Placentia. Commodore Taylor, Oct. 1709, appointed him Governor and Commander in Chief of the Fort and Harbour of St. Johns, and all the sea-coast between Ferryland and Carbonere Island, Captain Lloyd being carried into France, and since kill'd there. This post he has held to the general satisfaction, at his own great charge hitherto. Prays to be allowed the Governor's pay and to be continued in the Government. 1 p. [C.O. 194, 24. No. 12.]
[Jan. 21].271. (a) Address of Inhabitants of Newfoundland to the Queen. Recommend John Collins (v. preceding) to H.M. favour. His extraordinary vigilance in guarding and repairing the Fort and regulating the Militia have been manifested to our entire satisfaction etc. Signed, "by all the best inhabitants that are masters of families." 79 signatures. 1 p. Joined to,
(b) Address of Merchants and Masters of ships trading to Newfoundland to the Queen. Recommend John Collins to H.M. to be confirmed in the Government of Newfoundland and rewarded for his great expence in repairing the Fort etc. 65 signatures. Parchment. 1 p. [C.O. 194, 24. No. 7.]
Jan. 21.272. Two Copies of above petition and addresses, with copy of Commodore Taylor's Commission to John Collins, St. John's, Oct. 6th, 1709. Printed. 1 p. [C.O. 194, 24. Nos. 5, and 6; and 194, 23. No. 1.]
Jan. 21.
Treasury Chambers.
273. Mr. Harley to Mr. Popple. Encloses following. The Lord High Treasurer desires a report from the Council of Trade and Plantations, as to the directions that were given for building for the said house, and why they have not been complyed with, as also their opinion whether it may be reasonable, that the said allowance in lieu of house rent should be continued any longer, and if so out of what the same may be satisfyed, with such other observacons as their Lordps. shall think proper. Signed, T. Harley. Endorsed, Recd. Jan. 21st, Read Feb. 25th, 17 11/12. Addressed. 1 p. Enclosed,
273. i. The Earl of Orkney to the Lord High Treasurer. Whereas the Govnt. of Virginia ever since the settlement of that Colony in the Crown have allowed £150 per annum towards the renting of a house for the Govr., but about 4 years past the said £150 was taken away by the late Lord Treasurer, upon the supposition that as H.M. had recommended to the General Assembly that a house shou'd be built by them, for the honor of H.M. and the Govt. there, which they with great alacrity and cheerfulness imbarked in, and have made such advances therein that the said house is built and cover'd, but the great disaster of the war, and the low ebb the prices of tobacco have been at, and still continue, and the publick Treasury of Virginia being exhausted, the country is not in a capacity to compleat the same, and Col. Spotswood has by his repeated letters to me desired I wou'd lay this hardship before your Lordship. Besides the emoluments of that Govnt. are much impaired, he is in a house which he pays rent for and humbly prays your Lordship will permit him to reassume the payment of the £150 out of the Govnt. there, untill the said house be fully compleated, etc. Copy. 1½ pp. [C.O. 5, 1316. Nos. 78, 78 i.; and 5, 1363. pp. 392—394.]
Jan. 25.
Maryland.
274. Edward Lloyd, President of the Council of Maryland, to the Earl of Dartmouth. The occasion of this is to acquaint you that on Oct. 3 last, at the provinciall Court, one Susannah Puckham spinster, a poor unfortunate person, was try'd for the murder of her bastard child, which she alleadged was borne dead, and upon the character given her by her neighbours, it was the opinion of most people at the tryall that the child was borne dead, yet the jury pursuant to the express direction of the Stat. 21st James could not but bring her in guilty, she living at a remote plantation, and the rest of the small family being all absent from home at the time of her delivery, whereupon H.M. Justices of that Court represented her to me as an object of the Queen's mercy etc., which I humbly desire your Lordship will represente to H.M. etc. Signed, Edwd. Lloyd. Addressed. 1 p. [C.O. 5, 720. No. 13.]
Jan. 25.
Maryland.
275. Same to same. Upon receipt of your Lordship's of June 28, 1711, with H.M. Instructions relating to the guage of hogsheads, I convened the Generall Assembly upon Oct. 23rd, and recommended to them readily to obey H.M. direction in confirming the guage of their tobacco hogsheads to that now practiced in Virginia. In complyance wherewith they have agreed to an Act herewith transmitted, which I hope will be well approv'd of, and prevent any further clamour on that score. They have at the same time, and in the same Act having relation to the same thing, endeavour'd to prevent the abuse of cropping the hogsheads and defacing tobacco by masters of ships in their stowage, by lying a moderate penalty upon them, when convict thereof, not exceeding that impos'd on the planters who shall not confine themselves within the guage now ascertayn'd. I also used all possible endeavours to perswade them to impower some fitt person, or persons, to act as their Agent in Great Brittain, and to make them sencible of the necessity thereof, but without any success, they having referr'd the consideration thereof to the next Session of Assembly. As to the other Laws enacted in November, 1709, and disallowed by her most sacred Majestie, those for regulating the Militia and lymitting officers' fees being of the greatest consequence, pursuant to the intimation from the Lords of Trade that they might be re-enacted by the President (as Commander in Chief), the Councill and Assembly, they are so re-enacted with the others of less consequence, and severall private Acts which together with the Journalls of the Councill and Assembly herewith transmitted. Signed, Edwd. Lloyd. 1¾ pp. [C.O. 5, 720. No. 14.]
Jan. 25.
Maryland.
276. Edwd. Lloyd to the Council of Trade and Plantations. Repeats gist of preceding. Concludes: The Assembly offer'd at some other laws, at this Session, which I could not believe H.M. would approve of, and therefore thought it but prudence now in the absence of a Governour in chiefe, not to agree thereto, att which they seemed somewhat dissatisfyed, etc. Signed, Edwd. Lloyd. Endorsed, Recd. July 22, 1712, Read July 13, 1713. Addressed. 2 pp. Enclosed,
276. i. Copy of Journal of Committee of Accounts of Maryland. Oct 23—31st, 1711. Endorsed as preceding. 24 pp. [C.O. 5, 717. Nos. 50, 50 i.; and (without enclosure) 5, 727. pp. 320—322.]
Jan. 25.
Whitehall.
277. Council of Trade and Plantations to the Earl of Dartmouth. We think it reasonable that H.M. should grant the petition of John Frere (v. Jan. 12). [C.O. 29, 12. p. 401.]
Jan. 27.
St. James's.
278. H.M. Warrant to Governor Douglas. Lt. General Walter Hamilton is to be admitted to the Councill in each and every of the Leeward Islands where such Councils are establish't, with authority to preside in those respective Councils in the absence of you, or other the Captain General and Governor in Chief of our said Islands for the time being. Countersigned, Dartmouth. [C.O. 324, 32. pp. 128, 129.]
Jan. 28.
London.
279. James du Pré to the Council of Trade and Plantations. Prays for a speedy conclusion of the Board's report upon the settlement of the Palatines at New York, etc. Signed, James du Pre. Endorsed, Recd. Read Jan. 29, 17 11/12. 1 p. [C.O. 5, 1050. No. 35; and 5, 1122. pp. 479, 480.]
Jan. 29.280. Duke of Leeds to the Earl of Dartmouth. Recommends to his consideration Rev. Mr. Collins and his brother's case (v. Jan. 21). Signed, Leeds. 2 pp. [C.O. 194, 24. No. 8.]
Jan. 31.
Westminster.
281. Copy of Privy Seal for the establishment of the Commission of Trade and Plantations (Charles, Earl of Winchelsea, Sir Philip Meadows, Robert Monckton, Sir Charles Turner, George Baillie, Arthur Moore and Francis Gwyn.) Salaries of £1000 a year payable quarterly. £400 to the Clerks of the Privy Council for their despatch of orders and business relating to Trade and Plantations. £500 salary to William Popple, £100 to Adrian Drift, Deputy Secretary, £390 for seven Clerks, and £160 for doorkeepers, messengers and necessary woman. Incident charges of the office, attested by 4 or more Commissioners, to be paid by the Treasury (v. Dec. 17, 1711), etc. Countersigned, Hen. Ludlow. 6½ pp. [C.O. 388, 76. No. 128; and 389, 37. pp. 32—38.]
Jan. 31.
Whitehall.
282. Council of Trade and Plantations to the Queen. Recommend for confirmation the Act of Barbados to dock the entail of certain lands in St. Philip's parish etc. (v. Jan. 15). [C.O. 29, 12. p. 405.]
Jan. 31.
St. James's.
283. Order of Queen in Council. Approving preceding and confirming Act of Barbados accordingly. Signed, Ja. Vernon. Endorsed, Recd. Read June 24, 1715. 1 p. [C.O. 28, 14. No. 40; and 29, 13. pp. 307, 308.]
Jan. 31.
St. James's.
284. Order of Queen in Council. Appointing John Wentworth to the Council of New Hampshire, in the room of Winthrop Hilton, decd. etc. Signed, Edward Southwell. 1½ pp. [C.O. 5, 11. No. 73.]
Jan. 31.
St. James's.
285. Duplicate of preceding. Signed, Ja. Vernon. Endorsed, Recd. Read June 24, 1715. 1¼ pp. [C.O. 5, 866. No. 45; and 5, 914. pp. 51, 52.]
[Jan. 31].286. William Mathew to the Council of Trade and Plantations. Son of the late Governor Sir William Mathew, petitioner has settled in Antego, and having suffered in some sort for opposing the late disorders there, prays to be appointed to one of the vacancies in the Council there, etc. Signed, Recd. Jan. 31, Read Feb. 5, 17 11/12. 1 p. [C.O. 152, 9. No. 99; and 153, 11. p. 426.]