America and West Indies
February 1712, 16-28

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Institute of Historical Research

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Cecil Headlam (editor)

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1925

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230-241

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'America and West Indies: February 1712, 16-28', Calendar of State Papers Colonial, America and West Indies, Volume 26: 1711-1712 (1925), pp. 230-241. URL: http://www.british-history.ac.uk/report.aspx?compid=73889 Date accessed: 23 November 2014.


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February 1712, 16-28

[Feb. 16.]316. Capt. John Walton to the Council of Trade and Plantations. In reply to Mr. Popple's letter of the 2nd inst., whereby he intimates that your Lordships expect in writing what new matters he hath to offer, in relation to the Virgin Islands encloses following. Continues:—If these evidences are not sufficient enough to convince your Lordships of ye necessity of sending a Governor, and placing a Government there, for the honour of the Crown and the welfare of H.M. subjects in America, Mr. Walton is willing (since no good account can be expected from the Leeward Islands) to undertake a voyage thither, and to return as soon as possibly he can with a more expact plan of the said Islands, harbours and creeks, with samples of the several commodities growing there, etc. But Mr. Walton humbly hopes your Lordps. will represent to H.M. that he has had no salary or other reward, for his two years service there, as Lt. Governor, nor for his other services and expences for the publick good, etc. Prays for some consideration for his salary and past services, if it is not thought proper to settle a government there. Endorsed, Recd. 16th, Read 21st Feb., 17 11/12. 2 pp. Enclosed,
316. i. (a) Capt. John Perrie to Capt. Walton. Youghall, Sept. 7, 1711. If a goverment were setled on Spanish Towne, the windermost of the Virgin Islands, it would be a publick service, and might destroy the clandestine trade carried on at St. Thomas, and pirates sheltering among them, etc. Tortola from the endeavours of the Dutch to get it restored, and from the Hamburghers buying their pretentions to it, makes me beleive it must be a very good Island, for when I was sent downe by General Codrington, upon an order from hence, to enquire into our title and the Dutch's pretentions, I was offered a considerable summe by the Factor at St. Thomas's to make a report in their favour, and that the French did settle Santa Cruz is very well known, and I have been informed, that the Danes do lay claime and did hoist their flag on Crab Island, when a squadron of H.M. ships commanded by Mr. Nevile in May, 1697, was in those parts, etc. Signed, Jno. Perrie. Copy. 1½ pp.
316. i. (b) Observations on the harbours of the Virgin Islands, from the Journal of Capt. John Watts, H.M.S. Sunn prize. Copy. 1 p.
316. i. (c) Extract from a letter from the Surveyor General of Barbados and the Leeward Islands to H.M. Commissioners of the Customs. Anguila and Spanish Towne make 50 to 60,000 of ginned cotton wool per annum, the greatest part whereof is carried to St. Thomas (Danish) Statia and Saba (Dutch) where they purchase necessarys for themselves and negroes in prejudice to the fair British traders in these parts, and as injurious to our cotton manufactuary at home by having such a quantity of our Plantation produce carried direct to foreign markets, etc. Proposes that a Collector be placed at each of the Islands. Copy. 1 p. [C.O. 152, 9. Nos. 103, 103 i.; and 153, 11. pp. 438–444.]
Feb. 18.
Barbados.
317. Col. Lilly to [? the Earl of Dartmouth]. I sailed to Newfoundland on Aug. 8 after receiving H.M. command from the Board of Ordnance, and returned here on Nov. 1st, Governor Lowther having granted me his order for the Burlington man of war to carry me on this service, without which means near a whole year must have been lost, etc. I took a delijent survey of the chief part of the settlements at Newfoundland; and did also use my endeavours to have the assistance of Commodore Crow's authority for repairing the fortifications already built at St. Johns; but found there was no possibility of carrying on anything of that nature without assistance from England. I have by this conveyance transmitted my report etc. to the Board of Ordnance, etc. Signed, Chrn. Lilly. 1 p. [C.O. 28, 43. No. 72.]
Feb. 18.
Barbados.
318. Governor Lowther to the Council of Trade and Plantations. When I writt the letter dated Dec. 20, 1711, which is here inclosed (v. C.S.P. Dec. 20, 1711), there was a prospect of a shipes going to Great Britain, but that failing I had no opportunity of sending you any letter since that time. I have some information that Mr. Hodges H.M. late Attorney General here hath not only thrown some reflections upon me, but hath also complained that he had a right by H.M. licence to name a deputy and that I refused him the benefit of it: to this I answer that if Mr. Hodges had shewed me such licence, I had certainly yielded all imaginable obedience to it, but I deny that he ever shewed me such licence, it is true, he shewed me a piece of paper which he called a licence, but it was so much defaced, and there was so much wanting of it, that it was not intelligible, therefore to supply this defect he produced another piece of paper writ in his own hand which he called a coppy of the said licence: upon this I asked if he had any attested coppy of it, to which he answered that he had not, whereupon I told him that what he produced was not a sufficient order for me to take notice off, and that if he left the Island, I would appoint a sufficient person to execute the office of Attorney General till H.M. pleasure was known, etc. I have suspended one Mr. Carter from the exercise of his profession in the Law for appearing against the Queen at a time when he served H.M. as Solicitor General, but have since given him to understand that I will restore him provided he will acknowledge his fault and make his submission. I shall by the next opportunity send all the papers relating thereto, etc. Mr. Turner, Chilton, Hodges, Slingsby, Beak and Symonds are all late instances of suspensions of this nature, but I may venture to say that none of these Gentlemen had offended the twentieth part so much as Mr. Carter. I have directed the Attorney General to lay before your Lordships the case of the ship Oxford etc. I have suspended Mr. Skene who was both private and publick Secretary at the advice and request of the Council and General Assembly. Papers enclosed. Mr. Duglas, General of the Leeward Islands writ me the following letter: "Antigua, Jan. 7, 17 11/12. I gave you an account the other day that I designed very speedily to put H.M. orders in execution by making an example of some of the most notorious offenders in the late Rebellion, and I wish the Panther and Experiment were to stay a few days least their countenance should be necessary, hoping they will speedily return. Mr. Thomas Kerby, who is supposed to have fled from justice, and betraied the late General both as private and publick Secretary, and one of the chief promoters of the late traytorus rebellion, and the person that is proved that fired the first musket against General Park, and advanced 20 paces at the head of that villanous rabble. I hope you will not judge so treasonable a murther can be bailed, but that he may be sent for England, there being sufficient evidence to prove the charge against him in England already, or kept in a dungon untill I send for him. P.S. Lt. General Hamilton having misbehaved himself in openly favouring of the rebbels, I design in a few days to suspend him." Upon the receipt of this letter, I made it my business to learn whether Kerby was come to this Island, which with some paines and difficulty I not only understood, but also found out that he was at the house of one Mr. Codrington, notwithstanding which I did not think it prudent at that time to send out a warrant to apprehend him, because of the just distrust I had of the officers that were to execute it, for this, and some other reasons, I was forced to take no manner of notice of him for some time, which had the desired effect, for through this, he and his party conjectured that I knew nothing of him or his character, therefore on the 20th of the last month he came to church, which I perceiving by the description I had got of his person, did take that opportunity to apprehend him myself, and having so done I committed him to gaol for high treason, where at first he had all the indulgence shewn him that was proper for one in his circumstance, but the people of his principles and friends (of which Mr. Corbin and Skene whome I have suspended are two) abused it to such a degree by the great respect they shewed him, in sending him presents and in going very frequently to see him in prison, and this wrought so much upon the minds of the ignorant people, that they began not only to justify, but to commend the crime for which he was committed, and to pity him as a great sufferer: this therefore obliged me to put a strict guard upon him, and to direct that nobody should go to see him, apprehending that a people which so gloried in his crime, would not be long without attempting to rescue him: in this state of the matter, the General Assembly addressed me to send all the French prisoners to Great Britain, in one of H.M. shipes that attends this station. I laid the said Address before the Council, who all unanimously agreed to it: hereupon I sent orders in writing to Mr. Constable (the Senior Captain upon this station) to direct the Burlington to be got ready to go to Great Britain for H.M. service, but he writ me word he would not send her: such disobedience to orders and contempt of Government, hath been extreamly injurious to H.M. service, and a great encouragment to all the factious and rebellious people, and may be of very ill consequence upon any extraordinary emergency. After Mr. Constable had disobeyed my orders, it was with great difficulty that I even kept Kerby in prison till I could hire a vessel at my own charge to send him to England to be tried: this I esteemed absolutely necessary for H.M. service, as well as to shew the people that all their endeavours and artifices should not prevent justice being done upon so heinous a criminal. I must now remind your Lordshipes that I have no power by the Commission of Vice Admiral to call any of the Captains of the men of war to an account for the breaking of any of my orders, and I again submit it to your Lordshipes whether such a power is not necessary as is hinted at in H.M. Instructions to me. I have advice from England that one Mr. Sheard hath given out that he is to succeed me in the Government, and that I shall be recalled upon the least complaint, this being rumoured here, some malicious people have privately hired a vessel and sent her away freighted with all the ill nature and slander that they could rake together. As I am conscious of no fault I have committed, I cannot now make a defence to any accusation my enemys have or may exhibit against me, they not having intimated any of their designs of that kind to me: it is my good fortune that the Council, General Assembly and Grand Jury have all expressed their satisfaction and approbation of my conduct and administration, and I may venture to say that I have not wronged or injured any person whatever: I therefore humbly hope that your Lordshipes will think it reasonable to hear me against the complaintes of some male-contents, before any judgment or censure is past upon them. I have appointed Mr. Barwick to execute the office of Secretary till H.M. pleasure is known. I have directed him to keep an exact account of the profits, that H.M. may despose thereof as shall be thought most meet. I pitched upon this Gentleman for his fair character, liberal fortune, and great ingenuity, etc. Signed, Rob. Lowther. Endorsed, Recd. April 11, 1712, Read July 17, 1713. Holograph. 3¾ pp. Enclosed,
318. i. Arthur Slingsby to the Council of Trade and Plantations. Encloses following by Governor Lowther's command. Signed, Arth. Slingsby. Feb. 18, 1712. ½ p.
318. ii. Copy of Clearance bill of the Oxford, Robert Knowles Master, (v. May 2) from Kingsale. Oct. 4, 1711. ¾ p.
318. iii. Copy of manifest of goods imported by the Oxford from Bristol and Kingsale, delivered by Mr. Addison to the Governor of Barbados. Nov. 16, 1711. 1 p.
318. iv. A statement of case of the Oxford (v. May 2.) The ship broke bulk, in spite of warning, before the Governor had seen the clearance bills or could compare them with the manifest. After comparing the entries made at the Custome-house etc., it appeared plainly that they differed materially from the manifest and clearance bill. (ii. and iii.) Details given and case of the trial etc. stated. 3½ large pp.
318. v. Copy of proposed bond for the appearance of Capt. Robert Knowles of the Oxford to answer a libel exhibited against the Oxford, the prosecution being meanwhile deferred 10 months for him to produce H.M. pardon for his breaches of the Acts of Trade. 4 pp.
318. vi. Copies of papers relating to the case of Alexander Skene, Secretary of Barbados. (v. Nov. 20) (a) Governor Lowther's message to the Council and Assembly, requesting them to enquire into the perquisites of that office. (b) Report of the Committee of the Council and Assembly. Skene has been guilty of charging exorbitant fees even since H.M. graciously pardoned him after his suspension for three years. He has not hung up a table of fees, as the law directs, and has extorted 20s. per head from masters of ships who were transporting French prisoners to England last Aug.; etc. etc. He is incapable, arrogant, disrespectful, and presumptuous in giving orders without your Excellency's directions in matters over which he has no powers. We believe him to betray the confidential debates of the Council. We entreat your Excellency to suspend and replace him till H.M. pleasure be known. We conclude by expressing our entire satisfaction and approbation of your Excellency's conduct through the whole administration of the affaires of this Island. It has already had good effects. The late Grand Jury expressed a just sence of your merritt, etc. (c) Extracts from Minutes of Council of Barbados, 1699–1708. (d) Depositions of Capt. Kingston Townsend, Capt. John Robinson, Thomas Poor, Arthur Upton, Robert Aylmore, Bryan Karney, Richard Downes, Edmund Sutton, Joseph Young etc., in support of preceding. The whole endorsed, Recd. April 11, 1712, Read July 17, 1713. 49pp.
318. vii. Governor Lowther's warrant suspending Alexander Skene from all his places till H.M. pleasure is known. Feb. 12, 17 11/12. Signed, Robt. Lowther. Copy. 1 p.
318. viii. Address of the General Assembly of Barbados to Governor Lowther. In consideration of their great charge to the country, we desire your Excellency to send all the French prisoners of war to Great Britain in one of H.M. ships. We understand some persons have sent a sloop to Great Britain without haveing any clearance for that port or desiring to know whether you had any dispatches for H.M. service. This disrespectful behaviour we cannot but greatly resent as both ariseing from and tending to faction and sedition. We beseech your Excellency to direct a strict enquiry to be made, who were the persons concerned, and distinguish them according to their demerit. Feb. 5, 1711 (12). 1 p. [C.O. 28, 13. Nos. 103, 103 i.–viii.; and (without enclosures) 29, 13. pp. 22–30.]
Feb. 18.
Barbados.
319. Governor Lowther to the Earl of Dartmouth. Repeats part of preceding letter. Concludes: I have advice of 17 sail of merchant shipes that are bound for Martinique from old France, and that they will arrive in ten days. I have given the necessary orders to intercept them. Signed, Rob. Lowther. Endorsed, R. April 13. Holograph. 3 pp. Enclosed,
319. i. ii. Duplicates of No. 318 viii.
319. iii. Address of the Clergy of Barbados to the Queen. Praise Mr. William Sharpe, as President of the Council, etc. Signed, Gilbert Ramsay, Ad. Justice, And. Baillie, Charles Cuninghame, William Ball, Gilb. Wharton, Saml. Beresford, Willm. Gordon, Charles Irvine, Edw. Brice, Jno. Glasgow. 1 large p.
319. iv. Address of the Clergy of Barbados to the Queen. The address from the clergy here in favour of the late Governor Mr. Crowe was supposititious, etc. Signed, Charles Irvine, Sam. Beresford, Willm. Gordon, Edw. Brice, Charles Cuninghame, Jno. Glasgow, And. Baillie. 1 large p.
319. v. Address of the gentlemen and merchants of Barbados to the Queen. Praise Mr. Sharpe's administration and recommend him to H.M., whom he is now preparing to approach. 107 signatures. 1 large p.
319. vi. Governor Lowther's Warrant to the Master of the sloop John and Mordecai for taking Thomas Kerby in custody to England. Signed, Rob. Lowther. Feb. 18, 1711 (12). ¾ p.
319. vii. Governor Lowther's warrant for the commitment of Thomas Kerby for High Treason. Signed, Rob. Lowther. Feb. 18, 1711 (12). ¾ p.
319. viii. Address of the Grand Inquest of Barbados to the Queen. Dec. 11–14, 1711. Return thanks for H.M. favour and regard, especially in sending a Governor, thanks to whose prudence and good example the inhabitants are now more united in their common interest and temperate in their disputes, etc. Signed, Tho. Maycock, Wm. Sealy, Jo. Sampson, Henry Lintott, Rogr. Webb, Gerrott Herbert, Wm. Spencer, Edwin Carter, Jacob Wright, Henry Lawrence, Joseph Thorne, Jno. Carleton, Geo. Leader, Isaac Thorpe, Alex. Parris, Thos. Bourne, George Scott. 1 large p. [C.O. 28, 43. Nos. 71, 49, 49 i., 53; and (duplicate) 67, 68–70, 73, 74, 77.]
Feb. 18.
Whitehall.
320. Council of Trade and Plantations to the Lord High Treasurer. Request payment of enclosed account of office expenses and salaries, Michaelmas to Christmas, 1711. [C.O. 389, 37. pp. 29–31.]
Feb. 19.
Whitehall.
321. Council of Trade and Plantations to the Queen. Propose the disallowance of the Act of Barbados to render more effectual certain legacies by Capt. Williams, on the grounds set forth by the Attorney General, Jan. 18, q.v. [C.O. 29, 12. pp. 407, 408.]
Feb. 19.
Whitehal.
322. Council of Trade and Plantations to the Lord Lansdown. We transmit to your Lordship a petition we have receiv'd from Major General Handasyd relating to the want of recruits and to the pay of his regiment in Jamaica. [C.O. 138, 13. p. 384.]
Feb. 19.
Whitehall.
323. Lord Lansdowne to the Council of Trade and Plantations. Reply to preceding. The matter is already under the consideration of the Comptrollers of the Accounts of the Army, etc. Signed, Lansdowne. Endorsed, Recd. 20th, Read 21st Feb., 17 11/12. 1 p. [C.O. 137, 9. No. 62; and 138, 13. p. 385.]
Feb. 19.
Whitehall.
324. Council of Trade and Plantations to the Queen. Recommend Edward Warner and William Mathews to fill two vacancies in the Council of Antego. [C.O. 153, 11. p. 436.]
[Feb. 19.]325. Rowland Tryon to the Council of Trade and Plantations. Genl. Douglass removed James Milliken from the Council of Nevis, and has refused to tell him his reasons, saying that he has communicated them to the Board. Prays on behalf of said Milliken that the Board will signify to him what those reasons are, in order that Milliken may justify himself, etc. Endorsed, Recd. Read Feb. 19, 17 11/12. 1 p. [C.O. 152, 9. No. 102; and 153, 11. p. 437.]
Feb. 19.
Whitehall.
326. Council of Trade and Plantations to the Earl of Dartmouth. Reply to Dec. 18, 1711. We are humbly of opinion that the Hudsons Bay Company have a good right and just title to the whole Bay and Streight of Hudsons. Enclose the Company's petition relating to the settlement of boundaries (v. Feb. 8), upon which we take leave to offer that as it will be for the advantage of the Company, that their boundaries be settled, it will also be necessary that the boundaries between H.M. Colonies on the Continent of America, and the French of Canada, be likewise agreed and settled; wherefore we humbly offer these matters may be recommended to H.M. Plenepotentiaries at Utrecht. Autograph signatures. 1¾ pp. [C.O. 134, 3. No. 19; and 135, 3. p. 120.]
Feb. 20.
Wimbledon.
327. Rev. Mr. Collins to the Earl of Dartmouth. Presses for an answer to his brother's petition etc. cf. Jan. 21 and May 20. Signed, Edward Collins. 2 pp. [C.O. 194, 24. No. 9.]
Feb. 21.
Whitehall.
328. The Earl of Dartmouth to the Council of Trade and Plantations. Encloses following, which H.M. thinks proper should be considered at your Board, and that you report your opinion, upon the several points therein mentioned. Signed, Dartmouth. Endorsed, Recd. 23rd, Read 25th Feb., 17 11/12. 1 p. Enclosed,
328. i. Extracts from a letter from Governor Douglas to the Earl of Dartmouth. Duplicate of Nov. 28, 1711. q.v. [C.O. 152, 9. Nos. 104, 104 i.; and 153, 11. pp. 444–448.]
Feb. 21.
Whitehall.
329. Council of Trade and Plantations to the Queen. Report upon the petition of Tho. Simpson and the widow of Charles Gandy of Port Royal in Jamaica, (v. Sept. 17, 1711), praying to be relieved from the prosecution of Charles Chaplin, H.M. Deputy Collector, etc. On April 5, 1710, an Act was past in Jamaica for fitting out two sloops for the defence of the Island, and appointing Thomas Finch, Charles Gandy and Thomas Simpson commissioners for its execution, any two of them to act in the hiring or fitting out of the sloops. But by a clause in the Act the Collector is to pay £5000 into the hands of the Commissioners. The Commissioners entred into separate bonds to H.M. in the penalty of £5000 that they shou'd each of them render just accounts to any Assembly when sitting. Simpson received £800 of Chaplin; soon after which he and Gandy went to sea, where Gandy was killed. During their absence Finch received £1500 of Chaplin. After Simpson's return he and Finch apply'd themselves to the business intended, but as money came in slowly from Chaplin, Finch on April 10, 1711, enquired of Chaplin the reason, who told him that the money was wanting from him, he being indebted to Chaplin, upon which a dispute arose between them and at last Finch by threats and otherwise did sign a receipt to Chaplin for £2300, and for £1500 abovementioned, making together £3800, tho' he had receiv'd but £1500 thereof. The Assembly met April 17th, and enquiring what had been done, Chaplin produc'd the said receipt. Finch in his justification declar'd to the Assembly that he had only receiv'd the £1500, alledging the receipt for £3800 had been exacted from him by force. Notwithstanding which the Assembly expell'd him from their House, of which he was a member. On June 8, 1711, the Assembly pass'd another Act for vesting the estate real and personal of the said Tho. Finch in trustees the better to enable his sureties to pay £3800 due from him to the public.
Upon which last Act we take leave to observe that it vests the real and personal estate of Finch in trustees to enable Simpson and Gandy to pay the £3800, but makes no provision for the overplus, which is a very great hardship upon Finch, for by the laws of that Island real estates are not subject to pay debts, besides that we do not conceive there was any need of taking this extraordinary method of an Act, for that his sureties might have had their remedy at law. Pursuant to this Act the said trustees have already sold part of Finches estate for considerably less than had been offer'd for it; Finch will by these proceedings be intirely ruin'd, and his creditors here, who had intrusted him with considerable effects will by this means be very great sufferers. By the first mention'd Act for raising the £5000, the Deputy Collector, Mr. Chaplin, is directed to pay the money to the Commissrs., so that his paying it to Finch alone (in case he did so pay it) is not warrantable by the Act; but it does not appear to us that Finch did receive any more than £1500. Upon the whole, we are humbly of opinion that the foresaid Act for vesting Finche's estate in trustees is unpresedented and unreasonable, and considering the said Simpson and the widow Gandy may have their remedy at law against Finch for so much money as he actually receiv'd of Mr. Chaplin, we are humbly of opinion that your Majesty be graciously pleas'd to signify your disallowance of the said Act. [C.O. 138, 13. pp. 386–390.]
Feb. 22.
Barbados.
330. Col. Lilly to the Council of Trade and Plantations. Encloses following. Signed, Chrn. Lilly. Endorsed, Recd. 24th May, 1712, Read March 25th, 1716. 1 p. Enclosed,
330. i. Report by Col. Lilly, Engineer, on the fortifications and harbours of Newfoundland. Barbados, Nov. 12, 1711. The defects of the Fort William at St. John's, (which incloses but about ¾ of an acre, tho' it stands upon more) are that it is commanded by the skirt of the mountain that reaches within less than a quarter of a mile to the eastward of it, it wants proper flanks for its defence, its rampart or earthen walls being but four feet high is too low to shelter the inhabitants and their houses, or rather hutts, against an enemy's artillery. The parapet or brestwork upon this wall being but two feet thick and three feet high besides ye stakes that support it from falling, is also too low and too weak for to make any tollerable resistance, the outward talu of its rampart is so very easie of ascent, that I think this place has nothing to prevent an enemy's insults, except 4 rows of pallisadoes which do surround it, and severall of these I found to small, and some of them rotten. Wherefore I desired the Commodore and Commander in Chief to assist me in commanding some of the people to go to work while I directed them towards repairing the Fort, but he made answer that he could not command a number sufficient for such an undertaking, and that there was no possibility of carrying on anything of fortification work in that country without assistance from England, and indeed this is my oppinion also, however I prevail'd with him so farr that he immediately gave orders for a sufficient number of new pallisados to be cut and placed where the old ones were defective, etc. To make a good and lasting settlement in Newfoundland, a good but small fort should be built on the Northwest part of Ferryland head. Describes English settlements in Newfoundland; St. John's Harbour, and Ferryland Harbour, and how Ferryland might be fortified, with details of plan. Jan. 28, 1712. Signed, Chrn. Lilly. Endorsed as covering letter. 21 closely written pp. [C.O. 194, 6. Nos. 14, 14 i.; and (without enclosures) 195, 6. pp. 266–268.]
Feb. 25.331. Mr. Attorney General to the Lord High Treasurer. In obedience to your Lordship's commands, I have considered the report of the Council of Trade and Plantations upon the memorial of William Pen, Esq., Proprietor and Governor of Pensilvania proposing to surrender to H.M. the powers of Government wherewith he is invested, and I have also perus'd the grant of that Govt. to him by King Charles II, with other deeds relating to Mr. Penn's title thereto, and to the Government of the tract of land on Delaware River and Bay now call'd the Town or Colony of New Castle alias Delaware, and he has made out to me his title thereto, and according to your Lordp's. commands, I have prepar'd a draught of a surrender of those powers from Mr. Penn and others in whom the legal estate is under him to H.M. reserving to Mr. Penn his right to the soil of those Colonys. In the Letters Patents of King Charles II there are granted to Mr. Penn all mines of gold and silver in Pensilvania, wch. he says he cannot surrender to the Crown, having made sevl. grants thereof to sevl. people, wch. are not in his power, and therefore the surrender of them is not in the draught prepar'd, altho' if it be insisted on he may surrender and assign what is not granted. There is likewise an instrument prepar'd for H.M. accepting the said surrender; and in it Mr. Penn is an humble suitor to H.M. that she would be pleas'd thereby to declare, that she will take the people of his persuasion as well as other ye inhabitants of those Colonys into H.M. protection. I do not observe that there is any provision made for ye support of the Govt. there by any Act of Assembly, or otherwise, without wch. the Government will be a charge to H.M. But the Council of Trade and Plantations in their report have represented that Mr. Penn affirms he dos not doubt, but ye Assembly will readily make provision for the same; and he acquaints me that the fines and forfeitures there, wch. have been and may be apply'd hereto are considerable. Signed, Edw. Northey. Endorsed, Recd, (from ye Treasury) Read 30th Aug., 1715. 2 pp. [C.O. 5, 1265. No. 5; and 5, 1292. pp. 466–468.]
Feb. 25.
St. James's.
332. H.M. licence of leave of absence for 12 months to Lt. General Walter Hamilton, upon his petition, for the recovery of his health. Countersigned, Dartmouth. [C.O. 324, 32. pp. 129, 130; and 152, 39. No. 123.]
Feb. 27.333. Deposition of William Martin. The duty upon liquors imported annually into Antigua does not amount to more than £600 currt. money of that Island. Deponent would not purchase the profits of the liquor office there at any greater expectancy. Signed, Wm. Martin. Endorsed, Recd. Read March 3, 17 11/12. ¾ p. [C.O. 152, 9. No. 105.]
Feb. 28.
Whitehall.
334. Council of Trade and Plantations to the Queen. In obedience to your Majesty's Order in Council of 13th Dec. last, we have considered the complaints against Edw. Jones, etc., and have seen the records of nine several convictions offered in proof of some of the Articles against him, some of which convictions are for cruelty, extortion, illegal and arbitrary proceedings in the execution of his office and as your Majesty is pleased to direct, that we do not admit any proofs to be made against the said records, we shall not trouble your Majesty with the other articles, these nine being sufficient to render him unfit to serve your Majesty etc. Recommend Mr. Wm. Hyde as Secretary and Provost Marshal of Bermuda in his stead. 1¾ pp. [C.O. 37, 28. No. 10.]