America and West Indies
December 1712

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Institute of Historical Research

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Cecil Headlam (editor)

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1926

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102-116

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'America and West Indies: December 1712', Calendar of State Papers Colonial, America and West Indies, Volume 27: 1712-1714 (1926), pp. 102-116. URL: http://www.british-history.ac.uk/report.aspx?compid=73913 Date accessed: 30 July 2014.


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Contents

December 1712

Dec. 2.
Boston, N. England.
153. Governor Dudley to the Council of Trade and Plantations. Capt. Rouse in H.M.S. the Saphire brought my last letters (Oct. 29) to your Lordships etc. This comes by the Chester who brings home the mast ships, and other merchant ships that are ready; and in your Lordships' packets are the whole year's papers etc. (v. Dec. 9th). About a month since by letters from Sir Nicholas Trevanion, then at Newfoundland, and a few days after, by letters from my Lord Dartmouth, brought by Capt. Graves in H.M.S. the Dunnich, I receiv'd the happy account of the cessation of armes, which I presently made publique, being attended therein by the Gentlemen of H.M. Councill, and Representatives of the Assembly, and the foot regiment of the town of Boston, with all demonstrations of satisfaction in H.M. good subjects, in hopes of an established peace, upon the articles in H.M. Speech referring thereunto. A coppy of the cessation of armes I have sent over land to Mr. Vodriel the Governour of Canada, by some French prisoners which I sent to him last week, which I suppose will stop any further march of any partyes of the enemy on that side, and I believe the peace, when it arrives will be as welcome to him, as to H.M. good subjects in these provinces. There will remayn a difficulty in the obtaining out of his hands, and the French Indians depending upon him, our many prisoners, men, women, and children, which he has long detain'd, contrary to his many promises, and thrust severall of them into nunerys and religious houses, and many more left in the barbarous hands of the Indian, some of them gentlemen's daughters, to be made heathen, and wives to the Maques. Notwithstanding every year I have assured him that I have returned to Canada, Placentia and Martineco, and into Europe all such prisoners of the French nation that have fallen into my hands, either by sea, or land, which have been to the number of 500 or more, of this redemption I despair, unless by your Lordships' means, the French King's orders to his Governours of that part do strictly command it, and that some gentlemen from hence may be allow'd to go to Quebeck, Montreal and other parts in those Governments to search and find them out. Another difficulty will be how to govern myself, referring to the Indians in the Bay of Fundee called Kenebecks, Panobscot, Norigarock, and other settlements upon the English grounds, who have for these 60 years acknowledged their dependance upon the Croun of great Britayn, and twice since I have come hither have acknowledged their dependence upon the Croun of great Britayn and their submission to it, but presently after the warr broke out committed barbarous murders and burnt many houses in company with the French and their dependent Indians, by the instigation of the French Jesuits and priests alwayes residing amongst them, and at this time with them. These Indians are weary of the warr, having lost some hundreds of their number, and are not now left above 3 or 400 men, but we can never be assured of their fidelity, untill some English settlements be established in those eastern parts to govern them, and their priests be kept from them, which will hardly be obtain'd unless the French Governours be commanded intirely to withdraw them. In these articles I pray your Lordships' consideration, and that I may receive H.M. commands therein. It is a great mortification to all these tribes of the Indians, that they can have no more assistance or encouragement from Newfoundland, Placentia, Portroyall, nor any its dependencyes but must travel to Quebeck for all their supplyes, untill they are restored to the English friendship, which I am humbly of opinion is best to be done, both to secure the trade with them, as well as to take them of from their French dependence, or gaining them to any future, assistance. I humbly submit the whole affayr to your Lordships' direction and pray to have H.M. commands, which I shall with all faithfullness persue as is my duty, in the mean time I shall bring them to as good a quiet as I can, which they are already enquiring after, at our Eastern garisons next adjoyning to them. Your Lordships will please in the accounts of stores of warr, to observe that the thousand small armes left here of the Canada expedition are divided, 100 to New Hampshire, half in the Fort and half in the Commissaryes stores, and the other 900 to this Province, 100 at the Castle, 800 in the Commissaryes stores, some few of them were lost in the soldiers' passage by sea, in their going and return, and death of some of them, as is usuall in such cases, they are disposed under the care of the Commissaryes of each Province, for the publique service, and will be keept clean, and serviceable at all times, and shall be disposed in an armory in the publique State House, which was last year burnt, but is again built in better form and will be soon finished. Signed, J. Dudley. Endorsed, Recd. Feb. 12, 17 12/13, Read July 6, 1713. 2½ pp. [C.O. 5, 865. No. 95; and 5, 913. pp. 428–434.]
Dec. 3.
Craven House.
154. Lords Proprietors of Carolina to the Earl of the Dartmouth. We have been informed that Colonel Nicholson is preparing to go by virtue of H.M. commands as a Commr. for inspecting into the affairs of H.M. Colonies in North America. We desire your Ldsp. would please to inform H.M., that we most humbly beg her royal permission that he may make an enquiry into the occasion and the original causes of the late disorders and tumults in North Carolina, and that he may report the same to us, whereby we may be better enabled to lay the same before H.M. in order to receive her royal commands in that affair. Signed, Carteret, M. Ashley, J. Colleton, J. Danson. Fulwar Skipwith for Lord Craven. 1 p. [C.O. 5, 9. No. 19.]
Dec. 3.
Whitehall.
155. The Earl of Dartmouth to the Lords Proprietors of Carolina. Reply to preceding. Col. Nicholson's instructions having been prepared by directions of my Lord Treasurer and issued out of his office, I have conveyed your request to his Lopp. [C.O. 324, 32. p. 188.]
Dec. 3.
Craven House.
156. Lords Proprietors of Carolina to Edward Hyde, Governor of N. Carolina. There having been a very extraordinary paper laid before us wch. is attested by one Newby to be a copy of a warrt. sign'd by you for the commitment of Low, we think it proper to acquaint you that we hope for your credit that it is false, tho' we have great reason to believe it true; the liberty of a subject is too tender a point for us to be dilatory in and nothing but so great a concern as that cou'd make us incline to suspitions; however, till it's more effectually prov'd we will continue to hope out of kindness and respect for you that this matter has been wrongfully represented and we shal say no more at present than that it is too probable that we already have the true acct. in all warrts. of commitments the crimes of the party must be specify'd or else upon bringing a habeas corpus he must be discharged, nor can the party be confin'd during the pleasure of him who commits him, but the form must be to keep him in custody till he be deliver'd by due course of law, these omissions if true are highly reflecting upon the understanding as well as the justice of a Govr. We do therefore expect that you take care forthwith that these matters be set in a true light and that you clear yourself if possible which will be a great satisfaction to your assured friends and humble servants, Signed, Carteret, M. Ashley, J. Colleton, J. Danson. Memo. It was agreed by the Duke of Beaufort and my Lord Carteret that this letter should not be sent. [C.O. 5, 290. pp. 58, 59.]
Dec. 5.157. Agents for the sufferers at Nevis and St. Christophers to the Council of Trade and Plantations. Pray for a speedy issue of the debentures for the grant in aid, etc. Signed, Ste. Duport and 21 others. Endorsed, Recd. Read Dec. 12, 1712. 1 p. [C.O. 152, 9. No. 140.]
Dec. 6.
Windsor.
158. Copy of H.M. warrant to the President of the Council, or the Commander in Chief of Maryland for using the new seal of that Province. Countersigned, Dartmouth. Endorsed, sent to the Earl of Dartmouth, May 13, 1712. 1½ pp. [C.O. 5, 717. No. 49; and 5, 727. pp. 316–318.]
Dec. 6.
Windsor.
159. Similar warrant to the Governor of Virginia. Endorsed, April 10th, 1713. 2 pp. [C.O. 5, 1316. No. 93; and 5, 1363. pp. 480, 481.]
Dec. 6.
Windsor Castle.
160. The Queen to Governor Spotswood. Sending a new seal of Virginia with instructions for using the same and breaking and returning the old one. Countersigned, Dartmouth. [C.O. 324, 32. pp. 189, 190.]
Dec. 6.
Windsor Castle.
161. The Queen to the President of the Council of Maryland. With new seal of Maryland. Countersigned, Dartmouth. [C.O. 324, 32. pp. 190, 191.]
Dec. 9.
Whitehall.
162. George Filson to Mr. Popple. My Lords the Commrs. for Trade in their report concerning the Island of Cap Breton of April 5th last, say that Island has always been esteemed as part of Nova Scotia, and included in that Government. Pray will you please to inform me what proofs you have of that matter that I may acquaint my Lord Bolingbroke with them, who desires to know upon what grounds that position is founded. Signed, Geo. Filson. Endorsed, Recd. Read Dec. 10, 1712. 1 p. [C.O. 217, 1. No. 2; and 218, 1. p. 31.]
Dec. 9.
Boston, New England.
163. Governor Dudley to Mr. Popple. Encloses the year's papers. Continues:—My papers from Hampshire are not in so good order as from the Massachusets, nor do I know how to have it better. The Secretary's salary is but £20 per annum, and his other profits, and benefits will hardly feed and support him, and the Province is so little I know not how to make it much better, and they have no good example from the greater province, who give Mr. Addington but £50 per annum, when most of the other Secretary's offices in the West Indies are worth £500. We are all pleased with the cessation of armes in hopes of a perfect and well establish'd peace, and shall then return to our naval stores, and iron and copper with all application, to make ourselves more serviceable to our Mother then ever we have been during the warr, etc. Signed, J. Dudley. Endorsed, Recd. Feb. 12, 17 12/13, Read July 6, 1713. 1 p. Enclosed,
163. i. Duplicate of C.S.P., 1712. No. 375. i. [C.O. 5, 865. Nos. 96, 96 i.; and (without enclosure) 5, 913. pp. 434–436.]
Dec. 9.
Boston.
164. Governor Dudley to [? the Earl of Dartmouth]. Acknowledges letter of August 28 etc., received yesterday. I shall carefully and strictly obey it. in letting all H.M. good subjects know their duty and benefit thereby. By the Success that brought these letters, I receiv'd also letters for Governour Hunter, which I immediately dispatched, and letters for M. Voderil etc. (v. Dec. 2). The other letters to Mr. Costabel at Placentia are not possible to be gotten thither till the winter be abated, etc. Signed, J. Dudley. 1 p. [C.O. 5, 898. No. 26.]
Dec. 9.
Whitehall.
165. Mr. Popple to Mr. Attorney General. The parish church of St. Thomas in Nevis having been burnt by the French, when they took the Island, is valued by the Church Wardens, and returned by the Commissioners to be a loss of £838, and the said church being now about to be rebuilt, the Lords Commissioners of Trade desire your opinion, whether that ought to be deem'd a resettlement, that they may have their share of the bounty, etc. P.S.—There is another church at Nevis in the same case, as also one or two at St. Christophers, and I am to desire your answer hereunto as soon as possible. [C.O. 153, 12. pp. 45, 46.]
Dec. 10.
Whitehall.
166. Mr. Popple to Mr. Filson. In reply to No. 162, their Lordships send you a copy of their minutes of April 4th, when they made their report. At the same time Coll. Nicholson produced a copy of ye passes granted by Mons. Subercase, wherein he stiles himself Governour of L'Accadie, of Cape Breton Islands, and lands adjacent, from the Cape Roziers of the great River St. Lawrence, as far as the east part of Kennebec River: the original of one of which passes Col. Nicholson has this day informed their Lordships, is now in the hands of Major Mullins (who is at present at Winchester) and which pass Col. Nicholson has seen. Signed, Wm. Popple. 2 pp. [C.O. 217, 31. No. 9; and 218, 1. pp. 32, 33.]
Dec. 12.
Jamaica.
167. Governor Lord A. Hamilton to the Council of Trade and Plantations. I inclose a duplicate of my last, which was but of Nov. 22nd, and was so full that I should not need have troubled you again so soon had not I thought it absolutely necessary for H.M. service to inform you of Rear Admirall Walker's conduct since that time. I was the less particular on this subject in my last by reason that the most materiall passages were upon the Journalls, and because I had given a more exact account of ye whole to my Lord Treasurer who, I imagin'd (if he thought proper that the matter should be farther enquired into) would reffer ye whole to your Lopps.' examination. Encloses copy of the Admirall's letter. Nov. 15, wch. I received in answer to one I thought of some consequence to H.M. service, and wch. I confess at that time rather surprized me as ye effect of some sudden passion and resentment, than convinced me of an intention to reject all further correspondence for carrying on H.M. service, which I concluded would in cooler thoughts be preferr'd to all other considerations. But my Lords I had imediately an occasion to find I was mistaken, for having prepar'd my dispatches for my Lord Dartmouth, and your Lopps., which are gon by ye Scipio, and hearing a report that a friggat was shortly to be sent, I wrote to ye Admirall the enclosed letter of Nov. 23rd, which I send to your Lopps., in the manner it was returned to me again, together with a deposition of Thomas Waite, who carryed it to the Admirall, and ye Scipio, and other Bristoll ships being then ready to sail, I determin'd under the uncertainty I was left as to ye sailing of a friggatt, to send away the packett I had then prepared. Tho' your Lopps. will observe the letter which has been thus sent me back unopen'd by the Admirall will have been of little moment unless the Scipio should have miscarryed, yet being directed on H.M. service, I think my Lords the slight to me is lost in that consideration, and gives just apprehensions of ye greatest inconveniencys from so rash a conduct; since this has happen'd I have had advice of severall privateers, wch. infest ye trade and ye coast under Spanish commissions. One has chased a trading vessell almost in sight of H.M. ships in harbour and ye same, or another, has lain for severall days off Withywood and taken two or three sugar drogers and severall boats, and cannoes, and all I have been able to do, has been to order ye persons who gave ye information, to inform the Admirall likewise. I have also thought it for H.M. service at ye request of the Councill and Assembly, to send up a Flagg of Truce to Petit Guavas to take such measures with that Governor as may prevent the encrease of privateers under Spanish commissions. The Salisbury is since return'd, and neither the Admirall nor the Commander, have given me any accot. of what has been done, or what prisoners he has brought. I am told by others there is about 17, but if there be inhabitants of the Island among them, I must look upon them as press'd aboard, with ye many others who have been before. I enclose three other depositions (and had I given encouragement to such numbers might have been had of this kind) but I have allways rejected things of this nature, unless either the Queen's service or some right of an inhabitant was concern'd. And truely my Lords I am apprehensive there has not been a justifyable occasion for ye seisure of this sloop of Mr. Perkins, at least I am sure there has not been, for threats to seize all other vessells which he shall send, and which have been used both with respect to him and other traders. I cannot neither conceal from your Lopps. that there has not been that dilligence used in fitting out of ships and rend'ring ye squadron serviceable, since Rear Admirall Walker has commanded here, as might have been, both the ships and ye sloops have lain too much in ye harbour for ye health of the men. And I can scarcely tell any instance when any of them have been orderd to cruize about ye Island, or convoy ye trade, unless it were a trade in which themselves were principally concern'd and it is now confidently reported (for I can only tell your Lops. reports concerning the squadron) that the Admirall is going down to Blewfeilds which is ye westermost part of ye Island, with all the ships, and in which, if true, H.M. service must be intirely forgott. I acquainted your Lopps. that I had submitted everything with respect to the Admirall to my Ld. Treasurer; and I am still desirous his Lop. should do in these matters as he thinks fitt, and am unwilling to give him farther trouble in new relations. But as I regard your Lopps. as the patrons of H.M. Collonies etc., I should be unjust to the charge I am intrusted with, if I did not propose it to your Lopps. as my humble opinion that it is necessary for H.M. service, and ye welfare of this Island, that Rear Admirall Walker be forthwith recalled. And I hope if my Lord Treasurer should reffer these matters to your Lopps. with any sort of recriminations alledged by the Admirall, in which as I cannot in ye least particular accuse myself, so neither can I be forearmed, your Lopps. will do me ye honour to advise me of them and in the meantime put the most favourable construction on my actions, etc. Signed, A. Hamilton. Endorsed, Recd. Feb. 2, Read July 17, 1713. 3½ pp. Enclosed,
167. i. Governor Lord A. Hamilton to Sir Hovenden Walker, Rear Admiral of the White. St. Jago de la Vega, Nov. 23, 1712. Enquires when he intends to send a ship for England, etc. Signed, A. Hamilton. Endorsed as preceding. Sealed. ¾ p.
167. ii. Deposition of John Rolfe of Port Royal, Nov. 28, 1712. At the house of John Warner, Judge of the Admiralty, deponent heard Capt. Chamberlin, H.M.S. Monmouth, tell Thomas Perkin that he would keep his sloop in spite of his replevin; that he would detain the Provost Marshal or the Governor himself if he came on board to serve it; and that there was no law or justice in this Island. Signed, John Rolfe. Endorsed as preceding. Copy. 1 p.
167. iii. Deposition of Jeremiah French and Edward White, mariners. Corroborate preceding. Same endorsement. Copy. 1 p.
167. iv. Deposition of George Sharpless, Depty, Marshal, Nov. 25, 1712. When deponent delivered to Capt. Chamberlain the replevin referred to (No. ii.), he threatened to put him into ye bilboes, etc. Signed, George Sharpless. Same endorsement. Copy. 1 p.
167. v. Deposition of Thomas Waite, St. Catherines, Nov. 24, 1712. Deponent delivered the letter (No. i.) to RearAdmiral Sir H. Walker who returned it to him unopened. Signed, Tho. Waite. Same endorsement. Copy. 1 p. [C.O. 137, 10. Nos. 11, 11 i.-v.; and (without enclosures) 138, 13. pp. 497–503.]
Dec. 12.
Whitehal.
168. Mr. Popple to Mr. Attorney General. Encloses, for his opinion in point of law, Act of Jamaica, July, 1711, for the further quieting possessions and preventing vexatious suits at law. I am to observe to you, that in 1709, a law with the same title was past at Jamaica and repeal'd here by H.M. for the reasons given by Sir James Montague, then Attorney General, copy inclosed. [C.O. 138, 13. p. 412.]
Dec. 16.
New York.
169. Governor Hunter to the Council of Trade and Plantations. Besides what is contain'd in the inclos'd duplicate of what I wrote by the Dunwich, I am now to inform your Lordships, that the Assembly after having insisted upon the Council's having no right to make amendments to money bills notwithstanding of your Lordps.' judgment communicated to them, and haveing offer'd no bills for support of Government, but such as they well knew could not pass, being expressly against the terms in my Instructions, they adjourned themselves for a fortnight and not meeting at the time appointed, I adjourned them from day to day during a fortnight longer, when there being eleven and the Speaker assembled, they sent me a message by two of their members to inform me of their number, and that they did not except any more, signifying their desire by word of mouth for a recesse during this winter season, which I was obliged to grant, they not being a number sufficient to act as a house, and accordingly prorogued them till March 25th next. If your Lorps. wanted anything further to convince you, that there is no hope of any support of government from them, unless H.M. will be pleas'd to putt it entirely into their own hands these proceedings would be sufficient. But to shew you to what mean shifts they are forced to have recourse, I here venture to inclose their address to H.M. brought to me in the votes of the day, under the hand of their own Clerke. It is impossible they can conceive any hope of amusing H.M. with the pretence of their being misrepresented, their own Minutes of proceedings sufficiently evidencing the truth of all that hath ever been represented by me or the Council here, but to amuse the people who feel the expense of their frequent, long and fruitless sessions heavier then a just settlement would prove. Your Ldsps. had long agoe that Bill for establishing an Agency for New York, for which they addresse, and which amply enough explains their intentions. I cannot resolve upon meeting the Assembly in the Jerseys untill I know H.M. pleasure with relation to the Council of that Province, foreseeing nothing but inevitable confusion. Mr. Sonmans since his having imbezel'd the records has thought fit to retire to Pensilvania, where he diverts himself with printing and dispersing libels against the Government here. The Palatins continue upon the grounds where I have planted them, so that we have them at hand when H.M. shall think fit to resume the design, and require the performance of their contract. The Indians are at home and quiet, having return'd from their Expedition without effecting anything, being divided among themselves. The Missionary for the Mohacks is gone thither. I have heard nothing from him since he hath been there. My numbers are much too few for the numbers of garrisons. I have not heard of late from the undertakers of the Fort at Onondague by reason of the season of the year, which makes me conclude that they have met with no opposition as it was apprehended. I shall send by the two frigates now under sailing orders all the Acts past in these last sessions, and can venture no more by this uncertain conveyance. I hope your Ldsps. can safely bear me witness that H.M. hath not a subject who hath serv'd Her with a more firm and disinterressed zeal, and I assure you she has not one in a more deplorable situation. Signed, Ro. Hunter. Endorsed, Recd. Jan. 26, Read March 11, 17 12/13. 2¾ pp. [C.O. 5, 1050. No. 59; and 5, 1123. pp. 80–83.]
Dec. 16.
N. York.
170. Governor Hunter to Mr. Popple. Refers to preceding. It is not credible that the Ministry after what is past can flatter themselves that anything is to be done on this side. You will be able to inform me whither they have any inclination to apply the proper remedy. This I beg of your friendship that I may take my measures accordingly, for I would shun if possible the danger of being a prisoner for life. The Lords of Trade have I find in every thing done me justice, for which they shall have my pray'rs and thanks whilst I live which is all I have left to give to any body, etc. Signed, Ro. Hunter. Endorsed, Recd. Jan. 26. Read March 11, 17 12/13. Addressed. Holograph. 1 p. [C.O. 5, 1050. No. 61; and 5, 1123. p. 86.]
Dec. 16.
New York.
171. Governor Hunter to the Earl of Dartmouth. Refers to enclosure. It would be but a peice of violence offered to your Lordps'. generous nature to repeat my sufferings, etc. Signed, Ro. Hunter. ¾ p. Enclosed,
171. ii. Copy of No. 169.
171. ii. Journal of General Assembly of New York, Aug. 25—Nov. 1, 1712. Printed. 14 pp. [C.O. 5, 1091. Nos. 81, 81 i., ii.; and (duplicate) 82.]
Dec. 16.
St. James's.
172. The Queen to Governor Lowther. Upon consideration of the petition of Alexander Skene and the report of the Council of Trade etc. Wee do hereby order you upon pain of our highest displeasure immediately to restore him to his places, and that he be allowed all the fees and profitts that have occurred since his suspension to the time of his being restored, etc., as Nov. 24 q.v. Countersigned, Dartmouth. [C.O. 324, 32. pp. 193–198.]
Dec. 18.173. [John Campbell and Stephen Buport] Agents for the sufferers at Nevis and St. Kitts to the Council of Trade and Plantations. Some of the sufferers of Nevis resettled at St. Kitts and vice versa before Dec. 25, 1711, and never returned. Such are not precisely within the letter of the Act, (tho' the equity seemed to be with them). Endorsed, Recd. Read Dec. 18, 1712. 1 p. [C.O. 152, 9. No. 141.]
Dec. 18.174. Mr. Popple to Mr. Attorney General. Encloses preceding for his opinion, as soon as possible, "Christmas Day (being the last day that any proof can be made) drawing now very nigh." [C.O. 153, 12. pp. 47, 48.]
Dec. 18.175. Mr. Attorney General to the Council of Trade and Plantations. Reply to queries arising from enclosed Memorial. Mr. Ball and Company may be explained by affidavits, and it being proved that Burryan and Garnet were partners with Mr. Ball and that they have resetled, they will be entitled to a share of ye bounty. What they receive will become part of ye estate in partnership, etc. Signed, Edw. Northey. Endorsed, Recd. Read Dec. 22, 1712. Enclosed,
175. i. Petition of Samuel Ball and John Bourryan to the Council of Trade and Plantations. Petitioners John Bourryan and John Garnett, decd., were inhabitants of St. Kitts, trading in goods sent to and from their partner, Saml. Ball in London, and resettled there. Their losses by the French invasion were returned by the Commission as 5550l. 18s. 6½d. in the name of Saml. Ball and Company. Pray that they may have their due share of the bounty, etc. ¾p. [C.O. 152, 9. Nos. 142, 142 i.; and 153, 12. pp. 48–51.]
Dec. 18.
Jamaica.
176. Governor Lord A. Hamilton to the Council of Trade and Plantations. As my duty requiers of me I shall allways endeavour to give your Lopps. ye latest advices and accots. of transactions here that I possibly can. But Sir H. Walker having thought fitt to break of all further correspondence (v. Dec. 12) I am altogether unacquainted ye times of convoys, sailings etc., which occasions my being obliged to trouble yr. Lopps. with different letters by ye same conveyance, having closed my dispatches ye 12 inst., on wh. day it was reported ye ships were to saile, but have hitherto been detain'd by ye Admiral. The Flag of Truce that I acquainted yr. Lopps. I had sent to Petit Guavas is now return'd and ye Comty D'arguyan, Governor of that place, has sent another with an officer here. The prisoners and prizes taken on both sides since ye time limitted in ye treaty of suspention have been reciprocally restored. and that Governor has assured me that he will stricktly forbid the subjects of ye French King's in ye extent of his Governmt. from committing any hostilitys on those of H.M. subjects under Spanish commissions as I had required of him, and he has likewise proposed to me, the suspention for four months being now expired, to prolong ye same for six months, which appears to me to be too much to take on me on my part; without H.M. directions. But I intend to propose it to ye Council as my opinion for H.M. service and for ye good and quiet of her subjects in this Island so farr to agree with ye proposition of ye French Govr. as to desist from all hostilitys on both sydes till we receive further accots. of ye intentions of our respective Sovereignes, and that ye party who shall first receive intelligence of ye actuall declaration of Peace or a farther cessation agreed on, shall acquaint the other therewith. But that if on ye contrary the Treaty of a Peace between England and France should break off (which is very little expected on either side) that however notice thereof is to be given before hostilitys shall commence. Refers to Mr. Aylmer's letter to Peter Beckford (v. No. 149, iii.) since which ye Council took ye same into consideration, and upon debate a question was putt, which I send yr. Lopps together with ye dissent enter'd on ye Minuitts of ye Council. Yr Lopps. will be ye best judges of the sufficiency of ye reasons for ye dissent, which have not so much as been offered to be answered by ye gentlemen of ye contrary opinions, etc. Signed, A. Hamilton. Endorsed, Recd. Jan. 27, Read July 17, 1713. 1¾ pp. Enclosed,
176. i. Minutes of Council of Jamaica, Dec. 12, 1712. The Council negatived a resolution by 5 to 4 that the extracts from Mr. Beckford's letters (No. 149, iii.) have a tendency unnecessarily to disquiet the minds of the people. The dissentients' reasons are entered. Same endorsement. 3¾ pp. [C.O. 137, 10. Nos. 12, 12 i.; and (without enclosure) 138, 13. pp. 503–506.]
Dec. 19.177. Mr. Attorney General to the Council of Trade and Plantations. Reply subscribed at foot of part of Memorial No. 173. I am of opinion that the Parliament gave the bounty to encourage the resettlement of the respective Islands by the old planters and inhabitants, and did not give liberty to resettly one, and leave the other destitute, therefore a resettlement to entitle any person to a share of the bounty must be in the Island, in which before the invasion the person claiming was settled either as a planter or inhabitant. Signed, Edw. Northey. Endorsed, Recd. 20th, Read 22nd Dec. 1712. 1 p. [C.O. 152, 9. No. 143; and 153, 12. pp. 52, 53.]
Dec. 19.
Whitehall.
178. Council of Trade and Plantations to the Queen. A complaint having been made from Virginia in 1709 (q.v.) of obstructions the Virginia traders met with in their trade with the Western Indians from the people of Carolina, your Majesty was pleased to direct the Lords Proprietors of Carolina to give orders to their Governor there that the said trade should be carried on without any let, hindrance or molestation whatsoever. Notwithstanding which, we are informed by Lt. Governor Spotswood that the Government of Carolina did in July 1711, pass another Act, whereby they impose the duty and all the hardships upon the Virginia Indian traders which your Majesty graciously intended to remedy by the forementioned directions. Act enclosed. The pretence for exacting the said duty and imposing the said hardships, is that the Virginia Indian traders in going to the Western Indians pass thro' Carolina, the boundaries whereof are not yet settled. And notwithstanding the signification of your Majesty's pleasure (March 1st, 1710) to the Lords Proprietors to appoint Commissioners to meet with others on the part of Virginia, the same has not yet been done, tho' the Lieut. Governor of Virginia has oft pressed the Governmt. of Carolina to it, they pretending they had no directions; wherefore we humbly offer that your Majesty be pleased to renew your Majesty's directions to the said Lords Proprietors that they may immediatly appoint Commissioners to meet with those of Virginia for that purpose. We humbly offer that your Majesty be likewise pleased to signify your Royal pleasure to the said Lords Proprietors of Carolina, that they immediatly (if the same be not already done) take care that the foresaid Act passed in July, 1711, so prejudicial to your Majesty's subjects of Virginia, be repeasled. [C.O. 5, 1363. pp. 437–439; and 5, 1335. No. 178.]
Dec. 19.
Boston.
179. Mr. Addington to Mr. Popple. Encloses public papers and acknowledges letter of June 13. Signed, Isa. Addington. Endorsed, Recd. Feb. 12, 17 12/13, Read July 6, 1713. 2 pp. Enclosed,
179. i. List of cause heard in the Inferior Courts of Barnstable and Bristol, Mass., in 1712. 8 pp.
179. ii.–x. Account of Ordnance, ammunition and stores of war in the several forts of New England for 1712. Endorsed as preceding. 13 pp.
179. xi. Proclamation by Governor Dudley, Boston, Oct. 31, 1712, for a day of public thanksgiving to be held on Nov. 20th, for the near view of a happy peace, the general health and plentiful harvest, etc. Printed (by B. Green). Same endorsement. 1 p.
179. xii. Proclamation by Governor Dudley, Boston, Nov. 8, 1712, for the strict observance of the Act ascertaining the rate of foreign coins, etc. Same endorsement. Printed. 1 p. [C.O. 5, 866. Nos. 1, 1 i.–xii.; and (without enclosures) 5, 913. pp. 437–441.]
Dec. 20.
Barbadoes.
180. Governor Lowther to the Council of Trade and Plantations. I think it my duty to acquaint your Lordshipes that Monsieur Cassart with five men of war, two store shipes, seven sloopes and several boates attack'd Surannan the 29th Sept., and after some small resistance oblig'd the place to capitualate, and on Oct. 16th the country paied him 75,000 poundes sterling (as a ransome) for part of which he took negroes, and several other commodities of the country, and the rest of the said sum was paied him in Bills of Exchange, for the security and due payment of which he took hostages. Monsieur Cassart sent one ship and several sloopes and boates to Barbilios, and nobody here doubtes but that strength hath taken it. I likewise understand that Monsieur Cassart is now at Martinique; I am apprehensive that he will reattempt some of H.M. Leeward Islandes; in order to prevent which and to secure the trade of that place, I have sent Brigadeer Maxwil, Col. Horne, Major William Cogan, and Guy Ball Esq. to Martinique to enter into a treaty with Monsieur Phillypeaux for continuing the truce which expired the 11th instant till I either have the Queene's commandes touching the same, or that Monsieur Phillypeaux hear from the King of France. Refers to enclosures, which I hope your Lordships will approve of as done for the benefit and security of H.M. subjectes under my government. I have at last prevail'd upon the Assembly to pass the Excise Bill without intrenching upon the Queene's prerogative, and I thank God everything here is very well, and in a good way of being establish'd upon a right and solid foundation. Signed, Rob. Lowther. Endorsed, Recd. Jan. 30, Read Feb. 2, 17 12/13. Holograph. 1¾ pp. Enclosed,
180. i. Copy of Governor Lowther's instructions to Brigadier Thomas Maxwell, Col. Thomas Horne, Major William Cogan and Guy Ball, for continuing the truce with Mons. Phillipo. Signed, Robt. Lowther. 1 p.
180. ii. Copy of Governor Lowther's commission to the same. Endorsed, Recd. Jan. 30th, Read Feb. 2, 17 12/13. 1 p.
180. iii. Copy of Governor Lowther's Proclamation, in pursuance of H.M. Proclamation of Aug. 18 proclaiming a general truce, commanding H.M. subjects to forbear all acts of hostility until the return of the Flag of Truce from Martinique or H.M. further commands. Pilgrim, Dec. 8, 1712. Same endorsement. 1 large p. [C.O. 28, 13. Nos. 98, 98 i.–iii.; and (without enclosures) 29, 12. pp. 505–508.]
Dec. 20.
Barbados.
181. Governor Lowther to the Earl of Dartmouth. I had notice about six weeks ago that Monsieur du Cass was just then arrived at Martinique with two men of war, one of which carried 70 guns and the other 50; I was further advised that he had been this last summer at several Spanish ports in the West Indies, where he had received an immense treasue on board of the said shipes, with which he attempted to have got into the Havanna, but that place being blocked up by some of H.M. shipes, he was forced to make the best of his way to old France, but meeting with a violent storm on the Bankes of Newfoundland the 70 gun ship lost her rudder and received some other damage, which obliged him to come to Martinique to refit. I have ordered H.M. shipes that attend upon this station to joyn the Dimond which attends the Leeward Islands and then to cruise off of Martinique to intercept him; if the said shipes have the fortune to meet Monsieur du Cass I doe not doubt but they will give a good account of him; H.M. having upon this service one ship of 72 guns, another of 40 and two of 50. The inclosed in the Grand Juries Address to the Queen, and I desire your Lordship to lay it before H.M. I have not had the honour to receive any commands from your Lordship since I arrived here, which I am not a little sorry for; there being nobody that would more chearfully obey them, etc. Signed, Rob. Lowther. Endorsed, R. April 13, 1712 (13). Holograph. 2 pp. Enclosed,
181. i.–iii. Duplicates of Nos. 180. i.–iii. [C.O. 28, 43. Nos. 80, 80 i.–iii.]
Dec. 20.
Barbados.
182. Governor Lowther to the Earl of Dartmouth. Repeats No. 180, omitting last sentence. Signed, Rob. Lowther. Helograph. 2 pp. [C.O. 28, 43. No. 82.]
Dec. 22.
Whitehall.
183. Council of Trade and Plantations to Governor Lowther. Enclose copies of Orders in Council, March 8 and Sept. 8th, repealing two Acts of Barbados, and also copies of Attorney General's reports thereon, "that you may communicate the same to the persons concerned, that they may govern themselves accordingly." [C.O. 29, 12. pp. 504, 505.]
Dec. 25.184. Petty expenses of the Board of Trade Sept. 29—Dec. 25, 1712, 54l. 2s. 3d. Stationer's bill, 22l. 6s. 11d. Postage, 14l. 9s. 11d. 5 pp. [C.O. 388, 76. Nos. 146, 149, 152.]
Dec. 29.185. Attorney General to the Council of Trade and Plantations. Reply to Dec. 9. I am of opinion the Act having restrained the bounty to particular persons, noe part thereof can be allotted for building of churches, for that there is not any person who is a particular sufferer more yn. others in the loss of ye church. Signed, Edw. Northey. Endorsed, Recd. 20th, Read 22nd Dec., 1712. On back of letter of Dec. 9. 1¼ pp. [C.O. 152, 9. Nos. 144, 144 i.; and (without letter of Dec. 9), 153, 12. p. 53.]
Dec. 29.
Barbados.
186. Governor Lowthe to Mr. Lewis. I had the honour to receive a letter from my Lord Dartmouth dated Oct. 25th, informing me that the Queen had given you the office that Mr. Gordon had here, and desir'd me to promote the interest of it as much as lyes in my power. I will do you all the service I can, etc. Signed, Rob. Lowther. Endorsed, R. Jan. 30, 17 12/13. Hollograph. 1 p. [C.O. 28, 43. No. 83.]
Dec. 30.
Boston.
187. Lt. Governor Tailer to the Council of Trade and Plantations. I no sooner recd. the honour of H.M. Commission, but thought it my duty to attend your Lordships for your commands etc. Your favourable reception, and haveing been some time here, oblidges me to acquaint your Lordships of the good agreement betweene H.E. Coll. Dudley and myself, etc. Butt, as wee are a Charter Government, it has occation some dispute betweene me and the Councill, (wch. is) that the Lieut. Govr. has no right to vote with the Councill, without being choose by the Assembly, att their yearly election to be one of the Councill, and some of the Assembly are likewise of the same opinion, on which with humble submission I think I have aright tho' not made choise of by them, and shall maintaine it as a parogative belonging to the Crowne, till I have your Lordships opinions to the contrary, but make no doubt but I shall have it in my favour. May it please your Lordships the Queen has reserved to Herself notwithstanding the Charter granted to New England her right of appointing Her Governour, Lieut. Governour and Secretary, and it is by virtue of said right I maintaine this priviledge, wch. I think it my duty to assert, the only reason they have to object, is that by virtue of the Charter they have aright to choose 28 Councellors and without the Lieut. Govr. is one of that number, he has no right to act as such, wch. if your Lordships should construe as they doe, it would be a lessning H.M. authority, and the betrustment that is put into the hands of Her Lieut. Govr. who in the absence of the Govr. by virtue of my Commission, have as full and ample authority as the Govr. himself, etc. They likewise make provissions for the support of the Govr. by giving him yearly 500l. this mony, but take no notice of the Lieut. Govr. wch. I likewise hope your Lordships will take into your considerations etc. Signed, William Tailer. Endorsed, Recd. 1st March, 1712 (1713), Read 25th June, 1718. 2 pp. [C.O. 5, 866. No. 148; and 5, 915. pp. 120–122.]
Dec. 31.188. West India merchants and planters to the Council of Trade and Plantations. If it is intended, by the new Treaty of Commerce with France, to prohibit, the importing of sugers and other the production of the Brittish Colonies of America into the Dominions of France, it will greatly discourage the Brittish Plantations in South America, and be a meanes of raising those of France, and lessen the Western Navigation, etc. Signed, Nicholas Lawes and 37 other signatures. Endorsed, Recd. 31st Dec. 1712, Read Jan. 9th, 17 12/13. 1 p. [C.O. 388, 15. No. 98.]