America and West Indies
May 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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272-293

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'America and West Indies: May 1712', Calendar of State Papers Colonial, America and West Indies, Volume 26: 1711-1712 (1925), pp. 272-293. URL: http://www.british-history.ac.uk/report.aspx?compid=73892 Date accessed: 30 July 2014.


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Contents

May 1712

May 1.
Whitehall.
393. The Earl of Dartmouth to the Council of Trade and Plantations. I send you herewith by the Queen's command a copy of a petition delivered by Mr. Tryon in behalf of Mr. Skeene H.M. Secretary at Barbadoes, setting forth among other things that he is suspended without having any copy of the charge against him. Upon which H.M. is pleased to order that you consider of the petitioner's case, and report your opinion what may properly be done therein; particularly by what methods the profits of his office may be secured to him, in case he should be restored; and whether you conceive it may be for H.M. service that Her Patent Officers be, not hereafter liable to suspension till the complaints exhibited against them are laid before H.M., and her pleasure be known. Signed, Dartmouth. Endorsed, Recd. Read May 27, 1712. 1½ pp. Enclosed,
393. i. Petition of Alexander Skeene to the Queen. Complains of encroachments upon his office by Governor Lowther etc. Set out, A.P.C. II. No. 1163. q.v. Signed, on behalf of petitioner, Rowland Tryon. 4¾ pp. [C.O. 28, 13. Nos. 91, 91 i.; and 29, 12. pp. 429–433.]
May 2.
Whitehall.
394. Council of Trade and Plantations to Governor Lowther. Acknowledge letters of Dec. 20 and Feb. 18. We acquainted you, Nov. 22nd, whereof a duplicate has been already sent, what we had done, in relation to an Admiralty Commission for you, but we do not find that your Agent Mr. Tilden has yet taken it out, tho' we acquainted him with the necessity of it. We also acquainted you, that we approved of your reasons against a cartel for exchange of prisoners with ye French etc. We have writ to Major Douglas, in relation to the Act for ascertaining the rates of foreign coines, and hope he will take care to see the same punctually observ'd. But as in your letter you only mention H.M. Proclamation of June 18, 1704, we suppose you may have overlookt or not have received the Act of the 6th of H.M. reign abovementioned, and therefore we send you a duplicate thereof here inclosed. We have the other parts of your letters and the papers therein referred to, under consideration, and shall be able by the next opportunity to give you full answers thereunto, in the meantime we are to assure you, that if any complaints be made against you, we shall take care to do you justice. We perceive by a letter from Mr. Lilly the Engineer, that he has transmitted to the Board of Ordnance his report relating to Newfoundland. We wish that either you or he had sent us a copy of it, that we might have been informed thereof in time. We have lately received a private Act past in Barbados Aug. 8, 1706, for enabling the executors of Christopher Estwick etc., which for severall reasons here inclosed, is very unfit to be confirmed by H.M., and upon this occasion we must notice that the not complying with H.M. Instructions in sending to us all Acts, private as well as publick, by the first opportunity after their having been past, is not only a breach of H.M. commands but may prove of very ill consequence; for in this particular case, it appears that the Act was past in Aug. 1706, and not received by us till Feb. last, so that in all probability it has been put in execution before H.M. pleasure could be known upon it, and now when it comes to be repealed, may occasion much trouble and confusion to the executors of the said Estwick. We desire you therefore on all occasions and in all cases to be mindeful of that Instruction and to transmit to us all Acts by the first opportunity after their being passed. [C.O. 29, 12. pp. 414–416.]
May 2.
Kensington.
395. Order of Queen in Council. Referring following petition to the Council of Trade and Plantations, so far as it concerns any of the Governor's proceedings. Signed, Christo. Musgrave. Endorsed, Recd. 8th, Read 9th May, 1712. 1½ pp. Enclosed,
395. i. Petition of Philip Freeke and John Day of Bristol, part owners of the Oxford to the Queen. Fitted out as a privateer and laden with provisions consigned to Robt. Addison of Barbados, also part owner, the ship was duly cleared at the Custom House at Kingsail in Ireland. Mr. Addison duly entered there and produced his clearance bill. But under pretence that the master had not deliver'd to the Governor a certificate of his loading from the Custom-house in Ireland, which tho' by law he is not obliged to show unto the Governor, Addison the day of his arrival at Barbados then offer'd to bring to him, but it was not insisted on at that time, and also under pretence of not producing a certificate of two or more merchants having made oath that the said loading was of the product and manufacture of Ireland (a thing only requir'd in case of Irish linnens, of which there was none on board, as Mr. John Lane, Depty. Collector of Customs declared) the Governor by warrant Nov. 21, 1711 did arbitrarily and illegally cause the ship and cargo to be seized. Mr. Addison was obliged to give good security to answer their value, if forfeited, before he could be permitted to dispose of his said loading, to the great loss and hindrance of petitioners. Tho' by law there ought to have been a libel or information forthwith exhibited by the person that made the seizure in order to bring the matter to a speedy determination, yet nothing was done therein until Dec. 29th, when the said ship had taken in her loading of prize sugars etc., in order to come for England (being prevented cruizing to annoy the enemy as was directed by petitioners by the impressing several of the men on board the said ship by Capt. Constable, Commodore there, who is a creature of the Governor's, under pretence that they belong'd to men of war) on which Dec. 29th a libel was exhibited in the Court of Admiralty there in the name of Richard Bindlos, purser of the Experiment, one of H.M. ships of war then at the said Island, a relation of the Governors, who is no ways authoriz'd thereunto, and has not given any security to answer damages to petitioners, the officers of your Majesty's Customs there, and all others applied to for that purpose refusing to suffer their names to be used therein. Altho' further sufficient security was offered, that she might proceed on her voyage, the Governor detains her, and hath ill treated and misused not only the officers of your Majesty's Customs there, who advis'd against the seizure, but also petitioners' councel and all others who have appeared or acted for the interest of petitioners, appointing one Slingsby a creature of his own to act as your Majesty's Attorney Generall there without and against the consent of the person appointed to that office by your Majesty. The ship is still under seizure and no determination notwithstanding all the endeavours of petitioners' agents now near 5 months, at the cost of £300 per mensem to petitioners. Pray for relief and compensation. Signed, Christo. Musgrave. Endorsed, Recd. 8th, Read 9th May, 1712. 6½ pp. [C.O. 28, 13. Nos. 88, 88 i.; and 29, 12. pp. 417–424.]
May 2.
Kensington.
396. Order of Queen in Council. Approving Representation as to a general pardon to those concerned in the rebellion at Antegua. Directions to be sent to the Governor of the Leeward Islands accordingly. Signed, Edward Southwell. 2½ pp. [C.O. 5, 11. No. 76.]
May 2.
Whitehall.
397. Mr. Popple to Mr. Attorney General. Encloses following for his opinion.
397. i. Draught of a clause proposed to be inserted in some Act of Parliament relating to the sufferers of Nevis and St. Kitts. The residence of any planter his or her agent upon his or her plantation and manuring, planting and managing the same and the return of inhabitants or their representatives to their former houses or occupations shall be deemed to be a good resettlement, etc. Endorsed, Recd. (from Mr. Campbell.) Read May 2, 1712. 2 pp. [C.O. 152, 9. No. 111 (enclosure only; and (without enclosure) 153, 11. p. 460.]
[May 2.]398. Memorial [? by Mr. Stephen Duport]. Concerning the Islands St. Martyn and St. Bartholomé. There is not on either of them any quantity of land fitt for sugar canes, the greatest part being barren land, etc. The French had in peaceable tymes about 100 famelys on them, whose chief occupation was to reare stock for provisioning St. Kitts and Martinico. Some cultivated cotton and indigo. These two Islands cannot be reputed considerable in themselves, butt meight be of some consequence should they remaine in the hands of the French, as privateers can lie there. St. Kitts belonging wholly to Great Brittain may be much better and sooner settled if provisioned from those islands. In tyme of peace the French cannot be prevented from illegal trade with the English, if these islands remain in the hands of the French, etc. Endorsed, Recd. Read May 2, 1712. 1¾ pp. [C.O. 152, 9. No. 112.]
[May 2.]399. Gilbert Pepper and Evelyn his wife, sister of the late Daniel Parke, to the Council of Trade and Plantations. Protest against the appointment of Edward Warner (v. Feb. 19, March 15) to the Council of Antigua. He carried himself notoriously factious in the late troubles and with great insolence to the Governor; particularly being the person that carried a challenge from one Barry Tankerd, a ringleader of the faction, to Governor Parke, etc. Signed, Evelyn Pepper, Gi. Pepper. Endorsed, Recd. Read May 2, 1712. 1 p. [C.O. 152, 9. No. 113.]
May 2.
Whitehall.
400. Council of Trade and Plantations to Governor Douglas. Since ours of Oct. 26, (a duplicate whereof is here inclosed) we have received one from you dated Nov. 28, and shall be glad to find, as you intimate, that you have broke the knot of those persons, who were concerned in the late rebellion at Antegoa, which we hope will tend to the peace and welfare of that Isld., and we shall expect an account of your further proceedings, towards bringing that good work to a happy conclusion. At the same time that you tell us that you have suspended Mr. Milliken from being Fort Major at Nevis, you take no notice of your having also suspended him from the Councill, which you ought to have done, and given us your reasons for the same, as you are directed by H.M. Instructions to you in that behalf; wherefore we shall expect that you do send us your reasons for such suspension by the next conveyance, and that you give a copy thereof to him for his answer, that we may consider the same, and lay yt. matter before H.M. for Her pleasure therein. We shall likewise expect the papers of publick proceedings you promise us, together with the several Acts you mention to have past by the first conveyance. What you write in relation to the want of stores, has been laid before H.M. and so soon as we know H.M. pleasure therein, we shall communicate the same to you. You say that you have sworn Mr. Lyddell and Mr. Milward into the Councill, but you do not tell us of what Island, so yt. we are at a loss to understand that part of your letter, for we do not find that any of the Councills are under seven in number, and you are limmitted by H.M. Instructions, not to put any persons into the Councill, unless the number be under seven, which you ought to have observ'd. Besides we find that the said Mr. Lyddle and Mr. Milward are named in H.M. Instructions to you for Montserat. There is one other article of your Instructions, in the observance whereof you are to be very punctual, and that is in the sending to us all Laws past by the General Assemblys, whether publick or private, by the first oppertunity, after their being so pass'd. We are informed that the Act for ascertaining the rates of foreign coines in H.M. Plantations in America, which was delivered you with other Acts before your departure from hence, and of which a duplicate is here inclosed, is not observed in the Leeward Islands under your Government, which is a great prejudice to H.M. other subjects, who do observe the same; you are therefore to give the necessary directions, that the said Act be punctually complyed with, according to the true intent and meaning thereof. [C.O. 153, 11. pp. 457–459.]
May 5.
London.
401. Information of Mahuman Hinsdell. Informant, an inhabitant of Deerfield (Mass.) was taken prisoner in 1709 by the Indians, and detained at Mont Royal and Quebeck for two years. While there, he discovered that a trade was constantly carry'd on between several merchants and others of Albany (N.Y.), and the French Indians of Canada, and that the said Indians were from time to time supply'd with all necessarys from Albany. And that when the news came to Canada of Col. Nicholson's being on his march to Mont Royal, several of the Indians told informant that they were now undone, for they fear'd they shou'd not be able to trade any longer with Albany, and that Canada was not able to furnish 'em with what they wanted. One Andrew Knock a trader of Albany assured him that in the summer of 1708 there were fourscore Eastern Indians (who are in open hostility against H.M.) actually trading at Albany. Informant declares that it was customary for the Indians, in their return from a trading journey to Albany, to fall upon some of the frontiers of the Massachusets, and do great spoil and mischief. The French and Indians of Canada have of ten said in his hearing that they had peace with Albany, and informant affirms in fact, that when any of the people of Albany happned to fall into their hands they have been presently set at liberty. Signed, Mahuman Hinsdell. Corroborated by Joseph Clessen, two years prisoner in Canada. Endorsed, Recd. Read May 7, 1712. 1 p. [C.O. 5, 865. No. 80; and 5, 913. pp. 374–376.]
May 5.
Virginia.
402. William Cocke to [? the Earl of Dartmouth.] Returns thanks for H.M. patent for Secretary of Virginia, etc. Signed, Wm. Cocke. 2 pp. [C.O. 5, 1337. No. 17.]
May 5.
Annopolis Royall.
403. Capt. Vane to [? the Earl of Dartmouth.] Refers to plans sent by the mast fleet. I hope that I shall speedily receve H.M. orders, in reference to this place; that I may profitt of the good weather for working. We have passed this winter very peaceably, by the care and management of Lt. Gouvernr. Caulfeild who has commanded; and intierly gained the affections of the people, by his affable and just gouverment: which the[y] people here have been strangers too, att least since taken, for Gouvr. Vetch before the rebellion, had raised excessive contributions, and committed abondance of extortions, using the people more like slaves then anything else; as I presume you have been informed; the inhabitants having sent home severall complaints (by Mr. Capoon Left. of the traine) to H.M. etc. Gouvr. Vetch has effects still in Canada, that have remained there, ever since he was in trouble about the smugling trade: as I can prove, from a letter in my hands, from a man, that has some of them, and desires directions how he may send them to him. He's a very good Gouvr. for his own profit, but not for the publick good, nor will the contrey ever flurish whilst he commands, the people dread him to that degree that now he talkes of comming back (having been att boston all the winter) there's a perfect cloud in every face, and I'me informed severall of the inhabitants, talke of abandoning ther habitations; if he be not changed before next winter. I have reason to beleive this is made a deer Garnison to H.M.; and it cannot otherwise chouse, when vessells that are hired, to bring provitions to the Garnison, genlly. one third, loaden with marchandize for him, and his associate Borland that is agent att boston; were I to write halfe what the[y] doe, should never have done, etc. Signed, G. Vane. 2 pp. [C.O. 217, 31. No. 6.]
May 5.404. Account for wood and coal for the Board of Trade, 1712. £33 18 9. 1p. [C.O. 388, 76. No. 144.]
May 5.
Whitehall.
405. Mr. Secretary St. John to the Council of Trade and Plantations. Encloses following to be complied with. Signed, H. St. John. Endorsed, Recd. 5th, Read 6th May, 1712. 1 p. Enclosed,
405. i. Order of the House of Commons May 3, 1712. That an Address be presented to H.M. that she will be pleased to direct that the return made to the Council of Trade and Plantations upon the losses of Nevis and St. Kitts may be laid before the House. Copy. 1 p. [C.O. 152, 9. Nos. 114, 114 i.; and 153, 11. pp. 462, 463.]
May 7.
Whitehall.
406. Council of Trade and Plantations to Mr. Secretary St. John. Enclose further papers relating to the capitulation at Nevis, 1706. [C.O. 153, 11. p. 464.]
May 8.
Virginia.
407. Lt. Governor Spotswood to [? the Earl of Dartmouth.] Repeats part of following. No signature. 2 pp. [C.O. 5, 1337. No. 18.]
May 8.
Virginia.
408. Lt. Governor Spotswood to the Council of Trade and Plantations. Encloses duplicate of Feb. 8 and acknowledges letters of Oct. 22 and Nov. 22. I shall by the return of our fleet transmitt all the accounts required in the former, together with the Journals of Council and the duplicates of those of the Assembly being unwilling to trust them now to this uncertain conveyance of a runing ship. I have nevertheless sent your Lordps. the copye of the laws pass'd last session of Assembly, and shall also send the duplicates of them by the Fleet. As to the proceedings in settling the boundarys with Carolina (v. Nov. 22, 1711) I have writt sundry times to the Govr. of that Province to appoint persons for adjusting thereof, but he tells me he has received no directions therein from the Lords proprietors; so that your Lordps. will be pleased to consider of some farther means to quicken the Proprietors to put a speedy end to this dispute. We continue still under the apprehensions of being attacked by the Indians: for notwithstanding the Government of South Carolina sent a body of 700 of their Indians commanded by some officers of that Province, to the assistance of the people of North Carolina, and that about the latter end of last January they fell upon some towne of the Tuscaruros with pretty good success; yet after this first rancounter near 500 of them deserted, so that their commander did not find himself in a condition to improve the consternation into which that sudden eruption had put the enemy, and in his next attempt upon one of their forts, he was forced to draw off with considble. loss: however this seasonable succour put new life into the people of that Province, and a new Assembly being call'd, pass'd an Act to raise £4000 for prosecuting the war against the Indian enemy; and because they could not raise a sufficient body of men in that province, where the Quakers make a great number of the inhabitants, they made application to me for an assistance of 200 men from this Colony: the apparent danger to which H.M. subjects there were exposed, more especially by the Indians gathering fresh courage upon the repulse they had given the South Carolina forces, together with the just grounds there appeared to beleive that the whole Tuscaruro Nation were confederated with those concerned in the massacre, not only from their failing to perform any one of the engagements they had entered into with this Government, but the trifling excuses they made for that future at their comeing in to me in March last, and the discoverys of their intreagues to seduce our Tributary Indians to joine with them, were sufficient motives for agreeing to the assistance desired by Carolina, as the most probable means to divert the storm from our own frontiers; so that upon a full debate in two several councils, I had the unanimous advice of the whole Council to send 100 men of our inhabitants and 100 of our tributary Indians to the assistance of Carolina; and because the Assembly had left me no fund to answer such an occasion, and that there remained nothing in bank upon the Revenue of 2s. per hhd., there was a necessity to defray the charge of this expedition out of H.M. Revenue of quit-rents, since the necessity was so pressing as would not admitt of the forms of calling an Assembly, and the delays incident to their proceedings; but it was also agreed to demand of the Government of Carolina to enter into a previous engagement in behalf of the Lords Proprietors, that whatever sum should be imployed for this service out of H.M. Quitt-rents should be refunded by the Lords Proprietors, if H.M. thought fitt to demand it as being more imediately imployed for the protection of their Government. Upon this I proceeded to appoint the rendevouze of the soldiers, and desired a conference with the Governor of North Carolina for the better carrying on this service, but at my meeting him he told me with great concern, that the Commander sent from South Carolina had without his knowledge clapt up a peace with the Indians, upon very unaccountable conditions at a time when he had reduc'd one of their most considble. forts to the last extremity and could not have miss'd takeing it in a few hours, nor of breaking intirely the power of that enemy, if he would have waited the arrival of the succours from hence, and the force then raising in North Carolina to joine him. This weakness in the conduct of their affairs, together with a more unaccountable obstinacy in the Council of that province, in refusing to submitt to H.M. determination the repayment of the money disbursed here for their assistance, or of furnishing so much as provisions for the forces sent from hence is as great a discouragement to their neighbours as 'tis encouraging to the Heathen, who are not such fools as not to perceive their weak efforts in carrying on the war, as well as their easiness in making peace. And it happened very luckily on this occasion, that I had not entered any of the soldiers of this Government in pay, before I knew of this event, so that all that expence is saved, and I have now nothing more to think of than the defending our own frontiers against the inroads of the Tuscaruros whenever they find themselves in a condition to break this peace which nobody beleives will be long lived. I beg leave here to represent to your Lordps. the ill consequence of leaving this Government without money to apply towards its exigencies in such a conjuncture as this is: for tho' all the ballance of the quitt-rents was last year by H.M. order applyed towards buying provisions for the forces at Canada, and considerable sums more advanced upon the credit thereof by the Receiver General, myself and several other persons for that service, which still remain undischarged, yet there is a late order sent hither from the Treasury for remitting into the Exchequer no less than £3000 out of that Revenue, which is more than it can reasonably be supposed to raise in three years time: and if this country should be attacked either by the Indians or any other enemy, while the Revenue of 2s. per hhd. is so low, that the whole last half years sallarys are yet in arrear, I know not by what means men can be raised or subsisted to defend the country: 'tis true if I should call an Assembly I might easily perswade them to declare a war against the Indians, and to raise money for carrying it on, but then your Lordps. will be pleased to consider whether it be consistent with H.M. service or the interest of Great Brittain to permitt them to raise taxes in the manner they projected at their last session, and I am very confident as the humour of the country runs now, they would fall upon the same method of taxing British manufactures: and therefore I must beg your Lordps. directions before I call an Assembly, how far I ought to condescend to the disposition of the people in a matter wherein I can't in my own private opinion concur with them. Amongst other claims mentioned in my last as rejected by the Assembly your Lordps. will observe about £270 for the charge of the spy-boat fitted out by H.M. directions upon the alarm last summer, some few charges about mounting the great guns, and the subsistance of 80 french prisoners of war which I sent home by the last fleet, the persons who disbursed this money are still unpaid, and uneasy upon their disappointment: and I am as much concerned that there is not money even for the discharge of that small debt; and since it was expended for H.M. service, it would very much encourage people on the like occasions, if I had directions to defray that charge out of the quitt-rents in case the publick Revenue of the Government still proves deficient. It is a great satisfaction to me to find by your Lordps.' of Nov. 22nd that my endeavours in supplying Collo. Hunter with pork for the Canada Expedition is acceptable to your Lordps., and I beg your Lordps. will be pleased to accept of my humble acknowledgements for the offer of useing your interest with my Lord High Treasurer in my behalf. I have here sent the account of what money I have been in disburse on that occasion; it has been examined and passed in Council, and I flatter myself there will be no objection made against the frugality of my management, since it will appear by the account, that notwithstanding the great demand for pork at that time, the first cost and whole charges of receiving, new pickling and shiping doth very little exceed 45s. per barrell, a price frequently paid here at that season of the year as the prime cost in private dealings, and as I can with truth assure your Lordps. that I proposed no gain to myself in this purchase, so I hope it will not be thought reasonable that I should be a loser by lying any longer out of my money, or suffering in my credit with the people to whom I am still engaged for part of it. According to what I had the honour to write in my last, the Baron de Graffenried is come hither with a design to settle himself and several Swiss familys in the Fork of Potomac, but when he expected to have held his land there of H.M., he now finds claims made to it both by the Proprietors of Maryland and the Northern neck, the Lord Baltimore's agents claiming in his behalf to the head springs of the South-West branch of Potomack, and my Lady Fairfax's agents claiming to the head springs of the North-west branch: tho' by the copys of the grants which I have seen, it appears to me that H.M. has the right to that tract of land exclusive of both Proprietors. I have writt to the Baron to send me a draught of both those branches, which I shall by the first opportunity transmit to your Lordps.; and as the record of both grants may be seen in the Chancery Office, I shall wait your Lordps.' directions whether it be proper to insist on H.M. right. Amongst other frauds heretofore used in obtaining rights for takeing up land in this Colony (which I'm endeavouring to prevent) I have observed that most of the rights upon which patents are now sued out, are for the importation of persons into the Northern Neck; the Charter granted by King Charles II to this Colony, intitles every person comeing to dwell here to 50 acres of land not already granted; but the Proprietors of the Northern Neck not thinking themselves bound to grant their land on such a right, the people who are imported into that part of this Colony, generally assign their rights to others, who by virtue thereof claim land of H.M.: but it being in my opinion very unreasonable that the persons imployed in the improvement of the Proprietors' lands, should be intitled to the same priviledge as those who improve H.M. lands, I have stopt the granting patents upon those rights untill H.M. pleasure shall be signifyed therein. The ascertaining the value of forreign gold coins has been attempted in both the late Sessions of Assembly, and is what the people are very earnest for; 'tis true there are some inconveniencys which would accrue to the country by putting a certain value upon gold, which I don't observe to be fix'd in any other country: and for that reason as well as for that H.M. had not rated it in her proclamation with the silver coin, I did not think fitt to pass the Act prepared for that purpose last session, but since it is like, the Assembly may again at their next meeting, fall into the same project of rateing foreign gold, as a matter which they beleive of consequence to their trade, I should be glad to have your Lordps.' opinion thereupon together with an estimate from the mint at what it may be allowed to pass here. Coll. Bassett has received H.M. letter for his being again of the Council, but as it doth not mention his being admitted into his former place at that Board, he has declined being sworne. As H.M. was pleased to grant that favour to Collo. Digges, Collo. Smith and Collo. Lewis upon their readmission into the Council, I hope this is only an ommission, and not intended to cast a blott upon this gentleman, but that H.M. will be pleased to approve of his taking post according to his former precedency, wch. is next to Collo. Ludwell. I shal be glad to receive this signification of H.M. pleasure either from your Lordps. or H.M. Principal Secretary of State, without putting Collo. Basset to a new expence of fees, which doth not well suit with a place, where there is no profitt to be reap'd. Signed, A. Spotswood. Endorsed, Recd. July 9th, 1712. Read Feb. 4th, 17 12/13. 6 pp. Enclosed,
408. i. Account of pork bought in Virginia for the use of H.M. forces in Canada in 1711. (v. preceding). Same endorsement. 1½ pp. [C.O. 5, 1316. Nos. 88, 88 i.; and (without enclosure) 5, 1363. pp. 441–452.]
[May 8.]409. Petition of Robert Robinson to the Council of Trade and Plantations. In Dec. 1708 Petitioner purchased for £200 from Edwd. Cowley his patent for the office of Register of the Vice-Admiralty in New York, Connecticut and the New Jerseys, granted to him May 8, 1708, by H.R.H. the late Lord High Admiral with the salary belonging thereto of £100 per annum, etc. Notwithstanding that Petitioner has been at the charge of renewing the same in his own name, and has a deputy at New York, and that Lord Clarendon, the late Governor, established a salary of £100 a year for that office, yet the Government there refuse to pay it. Prays the Board to recommend to the Lord High Treasurer that the arrears due and future salary may be paid out of the Treasury here. Endorsed, Recd. 8th, Read 9th May, 1712. 1 p. [C.O. 5, 1050. No. 39.]
May 9.
London.
410. Certificate in favour of Mme. Salenave (v. April 17). Signed, Cha. Mathew, Pen. Russell, Mary Pinney, Eliz. Moore, Eliz. Renoult. [C.O. 153, 11. pp. 468, 469.]
[May 12.]411. The case of the sufferers of Nevis and St. Kitts from the French invasion. Endorsed, Recd. 12th, Read 13th May, 1712. 2 pp. [C.O. 152, 9. No. 116.]
May 12.
Kensington.
412. Order of Queen in Council. Approving draft of a Proclamation containing H.M. most gracious and generall pardon to those persons concerned in the rebellion at Antegua, and the murder of Coll. Parks, except those H.M. hath been pleased to except therein, etc. Governor Douglass is to publish the same within 24 hours after the receipt thereof, or sooner if conveniently it may bee, etc. Signed, Edward Southwell. 1 p. [C.O. 5, 11. No. 77.]
May [12].
London.
413. Mr. Richier to the Council of Trade and Plantations. At a meeting of ye Proprietors of New Jersie, upon reading over ye names transmitted from thence to the Lords Commrs. for Trade for their Lordps. to make choice of six persons to supply ye place of five men in ye Council complain'd of both by ye Assembly there and ye Proprietors here, vizt. William Pinhorn, Peter Sunmans in ye Eastern Division, and Dan Cox, Hugh Hoddy and Wm. Hall in ye Western, and one vizt. Richd. Towneley lately deced. in ye Eastern, it is most humbly proposed by ye said Proprietors that ye persons underment. may fill up ye intended vacancies being men of substance and probity, recommended both by ye Governour and Assembly of yt. Province, and approv'd of by ye Proprietors here. And ye said Proprietors do make it their humble request to Paul Docminique Esq. President of their Society, that he would represent this to ye Rt. Hon. ye Lords Commrs. etc., that this may have ye needful dispatch given it; being well assured yt. if it be much longer delayed, H.M. interest as well as yt. of ye people will suffer very much by it, and ye province brought into ye utmost confusion. Subscribed, names proposed, for the Eastern Division: John Anderson, Wm. Morris, Elisha Parker; for the Western, John Hamilton, Tho. Byerly, Tho. Redding. Signed, E. Richier. V.P. Endorsed, Recd. Read May 13, 1712. ¾ p. [C.O. 5, 970. No. 157; and 5, 995. pp. 157, 158.]
May 13.
Whitehall.
414. Council of Trade and Plantations to the Earl of Dartmouth. Enclose warrants for H.M. signature, empowering the Governors of Virginia and Maryland to use the new seals of those provinces now prepared by Mr. Roos, H.M. Seal-cutter. Annexed,
414. i. Copy of Warrants referred to in preceding. [C.O. 5, 1363. pp. 402–404; and 5, 1335. No. 171.]
May 13.
Johnson's Court, Fleetstreete.
415. George Tilden to Mr. Popple. In reply to a summons to reply on behalf of Governor Lowther to the charges brought against him concerning the ship Oxford (v. May 2nd), begs for further time to be allowed. Signed, Geo. Tilden. Endorsed, Recd. Read May 13th, 1712. Addressed. 1 p. [C.O. 28, 13. No. 89; and 29, 12. pp. 424, 425.]
May 14.
Whitehall.
416. The Earl of Dartmouth to Governor Douglas. In obedience to H.M. Orders in Council of 2nd and 12th of this inst. May, you are to cause a General Amnesty to be publish'd under the seale of the Island to all H.M. subjects who may have been any way concerned in the rebellion at Antegoa, and the murther of the late Col. Parke, under the restrictions and reservations specifyed in the draught hereunto annexed, which has been approved by H.M. I send you likewise enclosed duplicates of the above-mentioned Orders of Council, that you may see more fully what H.M. intentions are, and upon what mature and due consideration these resolutions have been taken. I have nothing more to say upon this subject, but that Her Majesty shewed some surprize, that you had not already published a Pardon to this effect in compliance with the Instructions given you before you went to your Government. Signed, Dartmouth. Annexed,
416. i. Copy of Order of Queen in Council May 2, 1712.
416. ii. Copy of Order of Queen in Council May 12, 1712.
416. iii. Copy of Proclamation of General Pardon as ordered Nos. 396, 412. [C.O. 324, 32. pp. 145—153.]
May 15.
Whitehall.
417. Council of Trade and Plantations to the Earl of Dartmouth. Reply to April 22. By an Act passed in Virginia in 1684, the Militia is to be compleatly provided with arms, that is to say, every trooper is to supply and furnish himself, with a good horse and all arms and furniture, fit and compleat for a trooper, and every foot soldier is to furnish and supply himself with a sword, musquet and other furniture fit for a soldier. In 1702, when the Militia of Virginia was in great want of arms and ammunition, H.M. was graciously pleased to send a supply, the estimate whereof, with the freight and incident charges amounted to £3388 3s. 4d., and by H.M. letter, the Governor was directed to make good that sum to the Board of Ordnance out of H.M. Revenue of Quit-rents there: and further in case it should be found necessary, to deliver any of the said arms or stores for the ordinary service of the Militia, that he should take care to see H.M. reimbursed for the same by such persons to whom such stores should be deliver'd, and that the mony arising thereby be put into the hands of H.M. Receiver General to be disposed of as H.M. should direct. But it does not appear to us that H.M. has been repaid the said sum. And therefore if H.M. is now pleased to send a supply of arms, ammunition and stores of war to Virginia, we humbly offer that the Governor be directed not to deliver any of the said arms or stores, but to such persons as shall pay for the same, and that the mony arrising thereby be remitted by bills to the Board of Ordnance; and that the Governor be further directed to take care that the Militia be provided with arms and necessaries according to the abovementioned Act. [C.O. 5, 1363. pp. 405, 406; and 5, 1335. No. 172.]
May 15.
Virginia.
418. Lt. Governor Spotswood to the Council of Trade and Plantations. Refers to May 8th re Carolina boundary Commissioners. I have since seen the Instructions of the Governor of North Carolina sent lately with his Commission, but do not find the least mention of the boundarys, no more than if such a controversy had never been depending. I cannot ommitt observing to your Lordps. one thing in those Instructions, which is like to prove very prejudicial to this Colony, and that is, a power given by the Lords Proprietors for the space of seven years to dispose of their lands at the rate of 20s. each thousand acres for the first purchase, and twelve pence quitt-rent yearly for every hundred (which is but one fifth of what is paid here for obtaining rights to take up the Queen's land, and one half of the yearly quitt-rent payable to H.M. for the same) and without any obligation on the patentees there to seat or cultivate. The publication of such a priviledge has already wrought so much on the people here, that great numbers are flocking to that Province to take up land, and there's no doubt many more will follow upon the prospect of having what tracts they please on such easy terms. This excursion of the people into North Carolina, as well as into the lands of the other neighbouring Proprietors will be very much furthered by a general opinion lately revived that there are gold and silver mines in these parts towards the mountains: and because in the grants to the Proprietors, the share of the Crown in Royal mines is ascertained, and no such declaration made for those found in the lands held immediatly of H.M., people propose to themselves a greater advantage by seeking after them in the former. For this reason, I'm told, some persons who heretofore had, or fancy'd they had made such discoverys here, were discouraged to prosecute them, and dyed with the secret. But now that the same opinion is revised, and the humor of making discoverys become more universal, I humbly offer it to your Lordps.' consideration, whether so great a profitt as may redound from the discovering and working such mines ought to be lost for want of a declaration what share H.M. expects out of them. I find by the grant to the Company that first settled this Colony, the Crown reserved the fifth part of all silver and gold mines, and that accordingly the ancient patents express the same: since the dissolution of that Company that the soil reverted to the Crown, the patents conveyed to the patentees of the land, a due share of all mines and minerals; but what that share is, has never yet been determined: and in the Act of Assembly concerning the granting of lands pass'd in the year 1706 (but now repealed) the forme of the patents there established, gave entirely to the patentee all mines and minerals without any reservation; and tho' your Lordps. made some alterations in the draught of the bill before it passed here into a law, yet I don't find that part of it was questioned or altered, and some patents granted by my predecessors while that law was in force, have the same clause in them. But upon the repeal of that Act, I altered the forme of the patents in this particular, and made them conformable to the former, vizt. by granting with the land only [a due share of all mines etc.] believing that share ought most properly to be determined by the Crown. Wherefore I hope your Lordps. will be pleased to move H.M. for a speedy declaration what share is expected if any royal mines are found in the lands already patented under H.M. grant; and whether if any such be discovered on lands not yet patented, I ought to grant those lands to any private person who makes the discovery? The ascertaining this will encourage people to make discoverys on the Queen's land, and if found will keep them where they may bring more profitt to the Crown then by runing on the like projects in the lands of any of the neighbouring Proprietors: and since by the Charter to the Proprietors of the Northern Neck, there is only reserved to the Crown the fifth of all gold and tenth of all silver oar, your Lordps. will not I hope think it unreasonable to propose to H.M. that for the encouragement of H.M. more immediate tennants in the other parts of this Colony, no greater proportion be demanded of them. I am the more desirous of some speedy directions herein, because I have great reason to believe there are mines lately discovered here, and I would willingly promote as far as I am able anything that may be for the service of H.M. and the good of this country. It is like some of these mountains may bring forth only such imaginary oar as I find some people heretofore have busyed themselves about, and that others may prove such barren ones as not to countervail the charge of working, yet 'tis also possible that the earth in this part of the Continent may partake of the same mineral qualitys with that of the more Southern climates, and that the dillegence of inquisitive or fanciful men may in the end prove of very good consequence both to the Soveraign and the subject. I forgot to mention in my last the success our guard ships have had in the West Indies: I gave them leave last winter to go to Barbados, not only for convoying our trade thither, but in consideration that they might be more serviceable there than here during the winter season. Having join'd some of H.M. ships attending those Islands, they fell in with a fleet of 17 sail bound for Martinico, and took twelve of them, and amongst the rest the man of war that convoy'd them, taken by Capt. Smith in the Enterprize attending this station. The Bedford galley arrived here the other day, and brought in a French merchant ship loaded with sugar, indico and cocoa, and I hear Capt. Pudner in the Severn, one of the convoys to the Virginia Fleet, has taken and carryed into New York a French privateer of 180 men, wch. very much infested this coast. I shal not trouble your Lops. with a duplicate of my last till the return of our Fleet, etc. Signed, A. Spotswood. Endorsed, Recd. Sept. 15th, Read Feb. 26th, 17 12/13. 3 pp. [C.O. 5, 1316. No. 89; and 5, 1363. pp. 453–458.]
May 15.
Whitehall.
419. Council of Trade and Plantations to the Lord High Treasurer. Representation upon the petition of Robert Lee. Refer to previous reports (Aug. 1689, May 1694, and C.S.P. 1703, No. 416), agreeing in substance that the late Earl of Stirling was granted a pension of £300 per annum to be paid him out of the surplusage of the neat profits of the Revenue arising out of New York, etc. Continue:—But in regard we are not possess'd of the accots. of the Revenue of New York, we do not know how the same has been expended and are not therefore able to inform your Lordp. whether there has been any surplusage in the Revenue there, to compensate the petitioners for their pension and the interest accruing thereon. [C.O. 5, 1122. pp. 500, 501.]
May 15.
Jamaica.
420. Governor Lord A. Hamilton to the Earl of Dartmouth. Refers to letter of Jan. 19, by H.M.S. Anglesea: since which I have not been favour'd with any of your Lop's. commands; nor indeed ever since my departure from England: However I think it a part of my duty to acquaint your Lordp. of such occurrences here as I think worthy of your Lordship's notice. Repeats case of David Creagh etc., and account of Jamaica crops, (v. No. 423). As for news, we have intelligence here that there are three galleoons expected soon at Carthagena from old Spain; and Commodore Littleton has ordered some of the ships under his command, to cruize some weeks off that place in order to intercept them, if possible etc. We have a report of an insurrection in the Kingdom of Peru; but have none of the particulars as yet, further than that some merchants lately arrived from the coast, assure me that the money design'd from Lima for Panama, and from thence to Portobell has been stopt upon that accot., etc. Signed, A. Hamilton. 3 pp. [C.O. 137, 51. No. 61.]
May 15.
Jamaica.
421. Governor Lord A. Hamilton to Mr. Lewis. Acknowledges letter of Oct. 19th. I'm sory to find by letters of a fresher date yt. there has been such heats and devision since ye opening of ye Sessions, both in relation to ye Peace and ye affaire of ye Peers of Scotland in ye House of Lords, etc. The next shipps from Europe are expected with impatience, hopeing by them to receive accts. of a further advance made in ye Peace; which is earnestly wished for in these parts, which doe not at present afford any newse worth taking notice of, more then in generall yt. this Island is in good condition as to plainty of Plantation provision and a prospect of a greate crope of sugar, the weather haveing been more seasonable then has been knowne here for many years, etc. Signed, A. Hamilton. 2 pp. [C.O. 137, 51. No. 60.]
May 15.422. Sir John St. Leger to [? the Earl of Dartmouth, or the Lord High Treasurer, v. Feb. 9]. I received a letter from one Mr. Thornton of Nevis dated March 17, 1711 (=12); which intimates that one Mr. William Douglass was just arrived from Antego as express from the governor, and that he had a large packet for the Secretary of State with the proclamation for a general pardon, and several papers relating to Lt. General Hamilton, and that ye said William Douglass went on board the same ship with General Hamilton, being a ship of some force, which I understand is taken by the enemy. Signed, John St. Leger. ¾ p. Enclosed,
422. i. Copy of Governor Douglas' Proclamation of H.M. General Pardon etc. Duplicate of Feb. 6. 1½ pp.
422. ii. Address of the Assembly of Antigua to Governor Douglas in Council. Return thanks for preceding. Signed, Sa. Watkins, Speaker. Copy. ¾ p. [C.O. 152, 42. Nos. 84, 84 i., ii.]
May 15.
Jamaica.
423. Governor Lord A. Hamilton to the Council of Trade and Plantations. Encloses duplicate of March 8, since which I have not been favour'd with any of your Lordps.' commands. I have not as yet been able to procure to your Lops. a satisfactory accot. of the number of inhabitants etc., not having received the musters of all the militia regiments, nor returns from the parishbooks from which this accot. must be collected. As to an accot. of births, christenings and burials, I have long since given directions to the Commissarys and other Ministers, for having abstracts of their several registers of these particulars: But upon full enquiry, I find that as some parishes want ministers, there is not any register kept in them; others are so lame and imperfect that there is no dependence to be had upon them; for, in most of the parishes, the far greater part of the inhabitants who die here, are buried in the respective plantations to which they belong: many are so remote from parish churches that, by reason of the badness of weather, over-flowings of rivers etc., the ministers are seldom call'd to such burials: so that in several parishes, the frequent deaths, changes or other removal of ministers, church-wardens and clerks of vestries, remoteness of many places from the parish-churches etc. make it almost impracticable to keep such registers as would seem requisite to make up such an accot. of these particulars as your Lops. require; without much more trouble and charges than the nature of the thing will bear. For tho' the whole Island is divided in distinct parishes and districts; yet there [? are] still indefinite vast tracts of land uninhabited in all of them to this hour; which makes all manner of communication from one place to another in most parts of the Island, more difficult than probably your Lops. imagine. I thought by this conveyance to have sent your Lops. the Receiver General's accot. current, from Lady-day, 1711—1712. But a severe fit of sickness, of which he is not as yet recovered, has hindered him from attending the Council for passing his accots. there in due form. However I hope to send them by the next opportunity that shall offer. Refers to enclosures, compiled according to instructions, etc. I have, with the advice of the Council, resolved upon making a considerable addition of a new line to the present fortifications at Port Royal, as being the place of most importance: But in regard it is found by experience, that, upon several accots., planks can never be made serviceable for platforms, at least not durable, and that we can not get stones here fit for that purpose; I have, by the advice of the Council likewise, given commission to have a considerable quantity of stone fit for that service brought from England; and in the mean time, while materials are a getting ready for Port-Royal, I have set the Engineer at worke in building a small fort for the security of Port-Morant, a very convenient harbour to the windward; and which will likewise be of great advantage to all tradeing vessels going to and from the north side of this Island, in case of any danger by privateers or storms etc. I think it my duty to acquaint your Lordps. that one David Creagh, merchant and supercargo of a sloop of and belonging to Barbados, coming some time ago into Port-Royal Harbour, and being found to have traded with the Queen's enemies, and to have clandestinely convey'd aboard another ship then lying at anchor in the Harbour some goods of the growth of the French Plantations, his sloop and what was found of the cargo were thereupon seized and condemned in the Admiralty Court of this Island, and himself committed upon accot. of High Treason, as corresponding and trading with the Queen's enemies: But in regard that, by the Attorney General's opinion, the said David Creagh is not tryable for that species of treason, any where but in Britain; I have with the unanimous opinion and advice of the Council, sent him for England on board H.M.S. the Jersey; and for your Lops'. more particular information of the said David Creagh's case, I must referr you to the herewith inclosed state thereof; which I hope may satisfy your Lordships as to the legality of the proceedings here against him. I have the satisfaction of acquainting your Lordships further that the state of this Island is generally much improved of late, with respect to the seasons; there being a very plentiful crop of sugars and plantation-provisions in most parts thereof; which I hope may ease the inhabitants of those difficulties they lay under lately through the scarcity of both the one and the other. P.S. I thought by this conveyance to have sent home in the same ship with Mr. Creagh the two persons who gave evidence against him here: But unluckily Commadore Littleton (who took charge of them all along on board one of the Queen's ships to save expenses) forgot to keep them in harbour, when the ship in which they are went last to sea: However upon her return from her present cruize, I'll take care to have them sent, by the very next conveyance. Signed, A. Hamilton. Endorsed, Recd. July 22, 1712, Read July 17, 1713. 5½ pp. Enclosed,
423. i.–v. Accounts of stores of war in the forts etc. in Jamaica, April, 1712. Endorsed as preceding. 6 pp.
423. vi. Case against David Creagh of Barbados, who sailed in the sloop Friendship from Barbados with negroes and dry goods and traded them for indigo in the French settlements in Hispaniola, transferring the same in the harbour of Port Royal to the Union, and Robert and Francis speedily bound for London, etc. Same endorsement. 1¾ pp.
423. vii. Report by Capt. Francis Hawkins, Engineer; the fortifications of Port Royal and all other the fortifications of Jamaica are much out of repair. Proposes works at Port Royal, Port Morant etc. Signed, Francis Hawkins. Same endorsement. 1 p.
423. viii. (a) Imports of Jamaica, Sept. 29, 1711—March 25, 1712. Number of ships, from England 17, from the Plantations, 38. Negroes, by the separate traders, 2228. Madera wines, provisions, tars, pitch, etc. 1 p. (b) Exports from Jamaica Sept. 29, 1711—March 25, 1712. Number of ships, to England, 14; to the Plantations, 17. Sugar, to England, 1892 hhds., 4 barrels; to the Plantations, 20 hhds., 78 tierces, 82 barrels, 4 chests, 100 lb. Rum, to England, 2 hhds., 1 tierce; to the Plantations, 6 hhds., 7 tierces, 9 barrels, 31 pipes and puncheons, 30 jars. Lime juice, to England, 2 puncheons, 4 hhds., 1 barrel, 10 casks; to the Plantations, 16 puncheons, 11 hhds., 4 tierces, 38 barrels, 1 cask. Molosses, to the Plantations, 83 hhds., 1 barrel. Piemento, 54 hhds., 1 tierce, 17 barrels, 76 casks, 14 baggs; to the Plantations, 3 barrels, 20 casks. Indico, to England, 141 barrels, 105 casks; to the Plantations, 1 bag. Cotton, to England, 166 baggs. Ginger, to England, 943 baggs. Cocoa, to England, 12 casks, 10 baggs; to the Plantations, 5 hhds. Logwood, to England, 38 tuns; to the Plantations, 8. Fustick, to England, 22 tuns. Tortoiseshell, to England, 2 barrels. Sarsaparilla, to England, 60 baggs, 389 bales. Vigonia wool, to England, 69 bags. Nicorogo or stockfish wood, to England, 39 tuns. Spanish hides, to England, 58; to the Plantations, 100. Salt, to the Plantations, 9 hhds., 500 bushels, and a few other small items. The whole endorsed as preceding. 2 pp. [C.O. 137, 10. Nos. 8, 8 i.–viii.; and (without enclosures) 138, 13. pp. 461–468.]
[May 16.]424. Petition of Mr. du Pré, Commissary of the Palatines' stores at New York, to the Council of Trade and Plantations. Petitioner has been detained in England 15 months longer than H.E. Brigadier Hunter did expect, without obtaining any satisfaction about the settlement of the Palatins. Prays to be dispatched to H.E. with the Board's commands by a man of war now about to sail. Signed, James du Pré. Endorsed, Recd. 16th, Read 20th, 1712. 1 p. [C.O. 5, 1050. No. 41; and 5, 1122. p. 502.]
May 17.
Wimbledon, Surrey.
425. Edward Collins to [? the Earl of Dartmouth.] Presses the claims of his brother John Collins, Commander of the Fort at St. Johns, Newfoundland, (v. Jan. 21, 1711), that he may not be "under the blast of being excluded from that post, to make way for one so undeserving and unfit, as is his competitor, Mr. Gully, who was Lieutent. under Major Lloyd in the Fort, when it was last yielded (if not worse) to the French in so base and scandalous a manner, etc. The last ships that will goe this summer are now going," etc. Signed, Edward Collins. 2 pp. [C.O. 194, 23. No. 6.]
May 19.426. Duke of Leeds to [? the Earl of Dartmouth.] Recommends Mr. John Collins, who wishes for a speedy answer to his petition, May 17. Signed, Leeds. 2 pp. [C.O. 194, 23. No. 7.]
May 19.427. Certificate by Lady Russell etc. Madame Salenave, after the taking of the French part of St. Kitts, was restor'd to the estate she had formerly there, and when she came over to England she left her plantation under the care of Lt. Robert Cuningham, who marry'd her own neece, and had the management thereof, till by the Treaty of Ryswick the French did recover what they had in the Island before the war. Signed, Pen. Russell, Cha. Mathew, Eliz. Renoult, and 2 others. Endorsed, Recd. 21st May, 1712, Read 6th April, 1714. ¾ p. [C.O. 152, 10. No. 14.]
May 21.428. Mr. Popple to William Dockwra. The Council of Trade and Plantations having under consideration some matters relating to New Jersey, desire to speak with you on Tuesday, etc. [C.O. 5, 995. p. 158.]
May 21.
Whitehall.
429. Mr. Popple to Josiah Burchett. The Council of Trade and Plantations recommend Mr. du Pré's request for accomodation on a man of war etc. (v. May 16). [C.O. 5, 1122. p. 503.]
May 21.
Admiralty Office.
430. Mr. Burchett to Mr. Popple. Reply to preceding. Orders will be given to Capt. Vanbrugh, H.M.S. Sorling, as desired. Signed, J. Burchett. Endorsed, Recd. 23rd May, 1712. 1 p. [C.O. 5, 1050. No. 42; and 5, 1122. p. 504.]
May 23.
Kensington.
431. Order of Queen in Council. Referring following to the Council of Trade and Plantations for their report. Signed, Edward Southwell. Endorsed, Recd. 5th, Read 19th June, 1712. ¾ p. Enclosed,
431. i. Petition of Robert Lowther, Governour of Barbados, to the Queen. Following the controversy between himself and A. Skeen, prays to be allowed to appoint a private secretary etc. Set out, A.P.C. II. p. 661, q.v. Copy. 1½ pp. [C.O. 28, 13. Nos. 92, 92 i.; and 29, 12. pp. 434, 435.]
May 27.
Whitehal.
432. Mr. Popple to Mr. Tilden (v. May 13). Governor Lowther having transmitted a great many new papers relating to the Oxford, the Council of Trade and Plantations have put the hearing off to a further day, etc. [C.O. 29, 12. p. 428.]
May 27.
Whitehall.
433. The Earl of Dartmouth to the Council of Trade and Plantations. Encloses following for their report. Signed, Dartmouth. Endorsed, Recd. May 30th, Read June 2nd, 1712. 1 p. Enclosed,
433. i. Petition of Merchants of New York to the Queen. The trade and navigation of this city was formerly very considerable, having great number of vessels thereunto belonging whereby many of your Majesty's subjects were kept in a constant imploy. But to their unexpressible grief the same is now greatly reduced, which we cannot but attribute to those discouragements your Majesty's subjects meet withall by your ships of war loading themselves from this port to the West Indies, with beef, pork and flower, and bringing from thence rum, sugar, and the other produce of your Majesty's Islands and Plantations, depriving us by that means of the benefit and advantage to carry the same with our own vessels, and which not only now is but hath been the constant practice of your Majesty's friggots for many years pass'd, whereby the merchants of this city are discouraged from laying out their moneys in building of shipping to the ruin of many families and the prejudice of all the traders and inhabitants of this city and province in general. Pray that H.M. ships appointed for convoys and to spend the winter in the West Indies may not be permitted to carry any of the commodities abovementioned as merchandize. And whereas the privateers do every year in April appear in great numbers on our coasts doing considerable damage to our trade and navigation, most of our vessels going out and returning home about that time, [we pray] that the Commanders of your Majesty's ships may be directed to return from the West Indies in such time as to be ready to cruize for our security the beginning or middle of that month at furthest. New York, Feb. 20, 1711. Signed, Caleb Heathcote, Rip Van Dam, Abram van Hans, Adrian Hooglant, Stephen De Lancey, Law. Reade, And. Fresneau, John van Horne, John Reade, Walter Thong, Tho. Davenport, Morgn. Cornock, Garrit van Horne, Richd. Burke, Henry Cuyler, Bart. Feurt, Tho. Tarpy, B. Rynders, Wm. Smith. [C.O. 5, 1050. Nos. 43, 43 i.; and 5, 1122. pp. 504–507.]
May 28.
Barbados.
434. Governor Lowther to the Council of Trade and Plantations. About eight dayes ago some merchant shipes cleared at some of the offices here, for several partes of Great Britain, and the Masters thereof attended upon me for leave to sail, upon which I told them that they might go from hence whenever they pleased, if they had the Queen's letter: a little after this they went to the Secretaries Office, and entered a protest against me, and everybody that were in any wayes instrumental in detaining them here, and not only made a mighty clamour, but got several merchantes and other people to join with them in it, but, this not having the intended effect, they not only petitioned me and got several considerable merchantes to joyn with them in it, but collected a good sum of mony amongst themselves, and deposited in the hands of a certain person, with an intent to have made me a present of it, but tho' I would not accept of it, yet, in consideration that the alligations of this petition were true, and that their stay for a convoy might almost cause as much damage and loss to their owners, as if they should be taken by the enemy, I did suffer them to sail: I was the easier induced to grant the prayer of their petition because in my 78th Instruction, I am commanded not to suffer any tradeing shipes from hence to England but in fleetes, or under the convoy or protection of some of H.M. shipes of warr: now in regard they were ten sail of shipes which were desirous to sail for Great Britain, I hope your Lordshipes will judge that number a Fleet within the Queen's Instructions; since the said Instruction does not limit it to any certain number: however, I desire your Lordshipes to give me directiones what to do, if the same case should happen again, for if I had detained the shipes here upon account of the want of a convoy, they would have complained, and if any of them should have the misfortune to be taken, it is a question but they will lay the blame upon me, your Lordshipes will perceive by the inclosed papers, that I gave Captain Constable orders to convoy this Fleet into the Latitude of 20, and that he was so far from yielding any obedience thereto, that he sent me word by my Secretary Mr. Upton that he would not comply with the orders I had sent him: I beg leave to add, that there is not one time in twenty. that the men of war whieh attend this station take any manner of notice of the orders I give them, which is the occasion of the loss of many vessels, and therefore I find myself under a necessity to repeat the state of this matter to your Lordshipes, that I may not now, nor at any time hereafter be blamed or condemned for the loss or damage which the Queenes subjectes sustaines here, either for want of their doing their duty, or my representation of the matter: I think I have already informed your Lordshipes that I have no power over the men of war by vertue of my Vice-Admiraltyes Commission, nor by any of my Instructions except the 69th, and there is a clause towardes the latter end of that Instruction which directes me not to exercise any power over the men of war, unless by commission or authority of the Lord High Admiral, or the Commissioners of the Admiralty for the time being. There are some disputes between the Council and Assembly, upon account of the Excise Bill, which hath occasioned some loss to the publick, but I hope I shall be able to compose that matter in a little time. I had not time to prepare duplicates of all the papers I sent by Stone, but if they have not reach'd your Lordshipes, I desire you will informe me of it, and I will send them by the first opportunity: the accountes which your Lordshipes writ for are not finished, but you shall have them by the Fleet, and indeed some of them are of that consequence that it is neither prudent nor safe to send them by any conveyance but a man of war. I am sensible there are several people both here and in England that do seek all opportunities to do me ill offices, and to render my poor services unacceptable to the Queen and your Lordshipes, tho' upon several views and designes, but notwithstanding my infirmities, I humbly hope your Lordshipes will not think it an easy matter to satisfy a factious and divided people, who do, and will gratify their inclinations and passiones in oppositition to all authority, law, and reason, and who carry on their designes by false reportes, clamour, and injustice, but let the consequence of such a policy be what it will, I shall always do what becomes me in the station I am: I must humbly intreat your Lordshipes to retain a favourable opinion of me, and not to censure any of my actions upon common fame and the reportes of some malicious disappointed persons, or to think me faulty upon any accusation that my enemyes have, or may exhibit against me, till I have had an opportunity to answer their charge, etc. Signed, Rob. Lowther. Endorsed, Recd. July 11th, 1712, Read July 17th, 1713. Holograph. 4 pp. Enclosed,
434. i. Deposition of Arthur Upton, May 29, 1712. On the 27th deponent took the Governor's orders to Capt. Constable, H.M.S. Panther (No. iii.). He answered that he did not know of any trade bound out, for they had not made any application to him, and since they did not, he should not take any notice of them, etc. Signed, A. Upton. Same endorsement. ¾ p.
434. ii. Petition of several Commanders of Merchant ships to Governor Lowther, praying leave to sail for Great Britain. Should they be detained till the London Fleet is ready to sail, their ships would be prejudiced by the wormes, and their cables destroyed by the heat of the water, etc. 17 Signatures. Same endorsement. 2 pp.
434. iii. Governor Lowther to Capt. Constable. You are to convoy the trade now bound for Great Britain as farr as the latitude of twenty, etc. May 27, 1712. Signed, Robert Lowther. Same endorsement. Copy. 1 p. [C.O. 28, 14. Nos. 1, 1 i.–iii.; and (without enclosures) 29, 13. pp. 46–52.]
May 30.
London.
435. Petition of Mr. du Pré to the Council of Trade and Plantations. Prays to be allowed a small supply of money to enable him to return to New York, etc. (v. May 16). Signed, James du Pré. Endorsed, Recd. May 30th, Read June 22nd, 1712. 1 p. [C.O. 5, 1050. No. 44.]