America and West Indies
July 1713

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Institute of Historical Research

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Cecil Headlam (editor)

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1926

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194-214

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'America and West Indies: July 1713', Calendar of State Papers Colonial, America and West Indies, Volume 27: 1712-1714 (1926), pp. 194-214. URL: http://www.british-history.ac.uk/report.aspx?compid=73921 Date accessed: 03 September 2014.


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Contents

July 1713

[July 2.]382. Copy of proceedings in Bermuda against Edward Jones, who was fined 20l. and condemned to six months imprisonment and debarred from making oath, 1701–2, for perjury, against which he has appealed to H.M. in Council. Endorsed, Recd. Read July 2, 1713. 10 pp. [C.O. 37, 9. No. 26.]
July 3.
The Fleet.
383. Jernimy Clifford to Mr. Popple. Begs him to enclose copies of deeds of his lands in the letter which Mr. Joseph Hodges informs him the Board is going to write to the Governor for securing his rights, etc. Signed, Jer. Clifford. Endorsed, Recd. Read April 14, 1714. Addressed. 1 p. [C.O. 137, 10. No. 47.]
July 8.
Whitehall.
384. Council of Trade and Plantations to Governor Dudley. Acknowledge letters of April 8, Oct. 29, Dec. 2 and 9, 1712, and Mr. Addington's letters of Dec. 21. 1711 and Dec. 19, 1712. Continue:—We think ourselves oblig'd to take notice of the several Acts about bills of credit past both in the province of the Massachusets Bay and in New Hampshire, particularly that to prevent the oppression of debtors, pass'd May 28, 1712, whereby creditors are enforced to take those bills in payment. We desire an account of the state of that matter, what number of those bills are extant, and what funds to answer them. If there are not funds to answer them, the issuing them is an injustice, and if there are sufficient funds the credit of them must needs be diminish'd by their being enforc'd, and the Acts past for the preventing their being forg'd and punishing that offence, shows us that you experience another great inconvenience by those bills. As to what you mention of the difficulty of getting the prisoners out of the hands of the French, we can only say that the detaining any is contrary to the Articles of Peace which if upon any application to us, we find broken, we will use our best endeavours to obtain justice. We are entirely of your mind, that the best way to deal with the Indians is to endeavor to restore them to the English friendship, if you can bring them to live in quiet, and approve of your design, to attempt the bringing them to so good a disposition. In answer to yours of Dec. 9th, we think the salaries to the two Secretaries very small, but must leave it to your interest, in the two Colonies to persuade them to give reasonable allowance. Conclude with circular letter given July 15. [C.O. 5, 913. pp. 442–444.]
[July 10.]385. Disbanded officers and soldiers to the Council of Trade and Plantations. We have considered the matter thoroughly and are willing to make the settlement if H.M. will give us arms, ammunition, utensills necessary, with transportation for ourselves 500 men and familys and full pay for one year to be now advanc'd for our settlemt. and support there, there being no cultivating untill the ground is clear'd and gott in readiness. A second year's full pay to be advanc'd at the beginning of ye year, which shall be repaid at the end of seven years, in naval stores or other effects. Signed, Thomas Coram, William Bowen, James Goodwin, John Evance, Nicholas Currer, Henry Powell, John Lewis, Will. Armstrong. Endorsed, Recd. Read July 10, 1713. 1 p. Enclosed,
385. i. Estimate of pay 9039l. 16s. 8d., and cost of transportation 5,740l., referred to in preceding. 1 p. [C.O. 5, 866. Nos. 2, 2 i.; and 5, 913. pp. 444–446.]
July 11.
Whitehall.
386. The Earl of Dartmouth to Col. Moody. General Nicholson being ordered to sail directly to the Continent of America, it is H.M. pleasure that you proceed forthwith to Newfoundland with the forces, arms, clothing and other necessarys for the garrison of Placentia, which you will find at Kingsale. You are to take possession of the places in that Island which are to be yielded to H.M. pursuant to the late Treaty of Peace and the most Christian King's Order which Mr. Nicholson will likewise leave with the Governor or Commander in Chief at Kingsale to be delivered to you; and you are to permitt the French subjects in those places who are willing to continue there and become subjects to H.M. to retain there immoveable effects, or else to sell them if they chuse to remove elsewhere, according to H.M. Order in that behalf of which I enclose a copy. Signed, Dartmouth. [C.O. 324, 32. pp. 221, 222.]
July 11.
Whitehall.
387. The Earl of Dartmouth to Governor Nicholson. Upon the receipt of this Order you are forthwith to proceed with the stores to Annapolis in H.M.S. Adventure without stopping at Newfoundland least by such delay the benefit of the season which is already far advanced may be intirely lost, you are to leave the order from the Court of France to the Governor of Placentia for delivering that place to H.M. in the custody of the Commander in Chief at Kingsale to be putt by him into the hands of Collonel Moody when he shall arrive in that harbour. [C.O. 324, 32. p. 222.]
July 11.
Jamaica.
388. Governor Lord A. Hamilton to the Council of Trade and Plantations. I acquainted your Lordships, March 31st, of Capt. Jacksons having seized a Spanish vessell on the coast of Porto Velo and taken a sum of money out of the said vessell since the commencement of the cessation of arms in these parts, and he has notwithstanding my representation of this matter to Sir Hovenden Walker carry'd the money with him for Great Britain. This has occasion'd a great clamour by the parties injured and repeated demands for reparation has been made to me by the Governor of Cartagena with the authentick attestations of that whole affair which comes herewith inclosed. There remains nothing further in my power but to acquitt myself, as I now do, of my promiss to the Governor of Cartagena to represent as fully as I can this affair to the Ministry in order to the obtaining full satisfaction. I am perswaded it will be needless to inforce this matter any further to your Lordships, the reputation of the service, and the trade of this Island to the Spanish coast being in some measure effected by it. Having granted a reprive for the space of 12 months to John Freyday under sentence of death, I send inclosed his petition etc. in order to its being laid before H.M. for Her most gracious pardon, which is humbly recommended to your Lordships. This Island is at present healthy and all quiet and easie; we have had already the happyness of seeing H.M. most gracious speech and have the news of the Peace being proclaim'd, and am dayly in expectations of receiving H.M. comands for publishing the same here. P.S. The President of Panama has pray'd me to forward the inclosed. Signed. A. Hamilton. Endorsed, Recd. 23rd Sept. 1713, Read 19th Jan. 17 13/14;. 2½ pp. Enclosed,
388. i. The Governor of Cartagena's demand for reparation for money taken out of a Spanish vessel by Capt. Jackson after the suspension of arms, with depositions, etc. Endorsed, Recd. 23rd Sept. 1713. Spanish. 37½ pp.
388. ii. Petition of John Fryday to Governor Lord A. Hamilton. Petitioner lies under sentence of high treason for having clipt and light'ned Spanish mony made current in this Island by the laws thereof. Petitioner acted in ignorance that it was a crime to lighten foreign money, as is shown by the evidence that he acted publickly. Prays for a reprieve, etc. Signed, J. Fryday. 1p.
388. iii. Reference of preceding to the Judges of the Supreme Court by Lord A. Hamilton, with their recommendation for mercy on the grounds advanced by the petitioner. Signed, Peter Heywood, Richd. Stoddart, James Rubee (?). June 13, 1713. Endorsed, Recd. 23rd Sept. 1713. Read 19th Jan. 17 13/34. ¾ p. [C.O. 137, 10. Nos. 33, 33 i.–iii.; and (without enclosures) 138, 14. pp. 51–53.]
July 13.
Whitehall.
389. The Earl of Dartmouth to Governor Nicholson. In pursuance of July 11. In case any of the cloaths etc. belonging to the garrison of Placentia should be under your care, you are to leave them with the Governor of Kingsale to be delivered by him to Col. Moody etc. [C.O. 324, 32. p. 223.]
July 13.
Whitehall.
390. Council of Trade and Plantations to the Lord High Treasurer. Reply to June 30. We have consider'd the new proposal of the disbanded officers and soldiers for making a settlement in North America, and have severall times discours'd with them thereupon, in order to their bringing the charge of that settlement as low as possible. Whereupon they have delivered to us a memorial (v. July 10). They say they cannot pretend to go on lower terms, and therefore we leave it to your Lordship's consideration whether H.M. should be at so great an expence. If H.M. shall think fit to advance any money, besides what is necessary for their transportation, then we take leave to offer, that in our opinion, Nova Scotia is a fitter place, to make their settlement in, than the lands they desire, which will require a great deal of time and cost, to clear the woods to build houses, and make settlements; whereas Nova Scotia having been for many years inhabited by the French, these people will find settlements ready made there. [C.O. 5, 913. pp. 447, 448.]
July 13.
Whitehall.
391. Wm. Popple to Isaac Addington. Refers to preceding acknowledgment of letters. [C.O. 5, 913. p. 449.]
July 14.392. Mr. Attorney General to the Council of Trade and Plantations. I have considered of an Act passed at St. Christophers (v. 19th Nov. 1712) for settling the estates and titles of the inhabitants, etc., which Act first provides that no title of H.M. shall be reviv'd or putt in suit on account of the reconquest of yt. Island but that every proprietor of land should be reinvested in such estate therein as he or his ancestors or as they whose estate he hath legally had at ye time of ye sd. Island's being surrendred to ye French in 1689, against wch. I have no objection. The next clause quiets the possessors of lands there who have had quiet possession thereof wtout legal interruption for 5 years before ye beginning of the warr in 1689 and from the reconquest thereof to the making of that Act, without any legal hindrance thereto in a Court of Record unless sued for within 3 years after ye Act, which provision is proper if persons under disability as Infts. Feme Coverts persons non compos or imprison'd and their heirs, had been allowed three years to claim after those disabilitys removed which is omitted. The next clause takes notice that sevll. subjects of the French King did at ye conquest of ye sd. Island in 1666 pretend to buy of the English sevll. plantations, and gave small considerations therefore, wch. by the Treaty of Breda was ascertain'd and confirm'd and such French purchasers unless ye old English proprietors did (within a time thereby limited) repay ye price of ye first purchase and all melioration thereon, which many failing to doc, the French remain'd possess'd thereof till they sold again to ye English or otherwise forfeited ye same, and enacts, that all conveyances and assignmts. of lands made by any such French subject who was in possion thereof after ye time limited in ye sd. Articles should be good and valid in law, and likewise makes good all grants of lands forfeited before 1689 by such French subjects, and given under ye great seal of yt. Isld., and be good agst. any right or claim prior to such French subjects possessn., against wch. clause likewise I have no objection. The next clause takes notice that many of the French subjects (who continued to hold their lands in the English Quarters by virtue of those Articles, till ye breaking out of ye sd. late warr) did then renounce the protection of ye English and remain'd wth. the French, and after the reconquest of ye sd. Isld. by ye English abdicated their possessn. and went off with other French subjects, and likewise that many Irish subjects of ye English Crown did then goe into open rebellion assisting the French to subdue the English part of ye sd. Isld. and remain'd wth. them in profess'd hostility, for wch. there was reason that they should be attainted and their estates confiscated to ye use of ye Crown but for want of civil administration of the Governmt. of the sd. Island for many years after ye reconquest, the same was not done in such form as the law required, but that the lands for ye better settling and strengthning yt. Isld. were granted under the great seal there, to sevll. people who by their industry have much improv'd ye same, and thereby strengthned ye sd. Isld., and enacts that all the lands in the English Quarters of any Frenchman or woman who quitted and deserted ye same upon retaking ye sd. Isld. by ye English and went off wth. other French subjects and dyd or yet survive in the Dominions of the French King and also all lands of Irish or other natural subjects of great Britain who then appear'd in rebellion and recd. protection from the French, were justly forfeited to and legally vested in ye Crown, notwithstanding any deficiency or want of proceedings heretofore neglected for ye more regular confiscation of ye same, wch. that Act is to be deem'd to answer and supply, and the titles of ye patentees thereof are thereby confirmed which clause making forfeitures for treason, without convicting or attainting ye traytors is contrary to reason and the practice of the Parliamt. of great Britain. Perhaps it might be reasonable to discharge the possors. of all ye mean profitts of such lands and to confirm their titles to ye same unless the supposed forfeiting persons should within a certain time pay to ye patentee the full value of all improvemts. made thereon, and also ye moneys pd. to ye Crown for ye purchase thereof. The next clause provides that all bills of sale of lands made under ye hand and seal of ye Provost Marshal or his Deputy and according to ye known usage and practice of that Island should be good and valid to any purchaser and his hres. against a former proprietor and his heirs and any claiming by him, by any conveyance made after ye execution levyd on such lands, notwithstanding ye records or laws of yt. Isld. on wch. such execution and bill of sale are founded may by ye late unhappy confusion of ye times be defaced or lost, wch. clause is needless if there be any such law to warrant such execution, and unreasonable if there be no such law. Beside, the clause as worded may be construed to confirm all judgmts. entred and thereby deprive the subject of his writt of error wch. also is unreasonable. The next clause in the Act provides that no want of method or of sufficient legal words to create an inheritance to them and their heirs, nor impropriety of speech which through ye ignorance of former times are frequent in old deeds shall vitiate or make void any deed grant devise or other conveyance whatsoever, wch. is unreasonable to make estates pass without legall words and may create disturbances to ye present possessors. Signed, Edw. Northey. Endorsed, Recd. 17th July, 1713, Read 24th Feb. 17 17/18. 3¾ pp. [C.O. 152, 12. No. 64; and 153, 13. pp. 225–229.]
July 14.393. Stephen Duport to the Council of Trade and Plantations. Proposals concerning the resettlement of St. Christophers. Endorsed, Recd. Read July 14, 1713. 3 pp. Enclosed,
393. i. List of plantations in St. Christophers to be claimed by way of petition to H.M. 1p.
393. ii. List of plantations in St. Christophers granted for a limited time. ½ p.
393. iii. A proposal (by a former Councillor) concerning the disposal of the French part of St. Christophers. Oct. 7, 1712. 1½ pp. [C.O. 152, 10. Nos. 5, 5 i.–iii.]
394. Mr. Attorney General to the Council of Trade and Plantations. I am of opinion that the Act passed in Jamaica July 31st, 1711, for the further quieting possessions, etc., (v. Dec. 12, 1712), is not fit to be confirmed. (1) The recital, that several titles made for want of skill and knowledge in those that drew conveyances of the same may admit of disputes and suits in law and equity is very improper, for I do not know that ever any law was passed to quiet possessors who had no titles, therefore this is fit to be left out, and possessors with non claim will have the benefit of it, with title or without. (2) The Act establishes all titles to be in fee where persons had been possessed before making of it for seven years without suit claim or interruption or shall continue for seven years from the first possessing as well against the Crown as any subject, which is unreasonable, being to establish a wrongfull possession, and to barr the Queen and her people that have not claimed, when they were not before obliged by law to claim, without giving a reasonable time to the Crown, or the subject to contest the possessor's title, which was never done in England, the Statute 32 H. VIII and 21 Jac. I., which are the English statutes of limitation giving time for those that had cause of suit when the Acts were made, before those statutes should affect them. But in that Island in an Act for prevention of law-suits in the collection of the laws of Jamaica the then possessors' titles were confirmed, if they had or should continue seven years quiet possession. (3) This Act is unprecedented to put the Queen and her subjects on a levell as to the time of their claiming their rights. In England in the times of King H. VIII and Qn. Elisabeth several Acts of Parliament were made for confirming the letters patents of the Crown, but no Statute of Limitation of time for their suits. The statute of 21 Jac. cap. 2, against concealments made in England quieted possessors onely where possession had been against the Crown for 60 years, and the Crown had not been answered any rents nor the lands duely in charge within that time. But there is no Act that limits the Crown to a time in their suits for lands etc. How far H.M. may be advised for the quiet of the Island of Jamaica to confirm the present titles, if she shall not contest them within seven years as proposed by the Bill is submitted. But I cannot think H.M. will be advised to put herself and her successors for ever hereafter on the levell with her subjects as to the time of comencing her suits, and therefore if H.M. will confirm the present titles if not contested within that time, I think for future rights the Act should be made to extend onely to the subjects' suits. Besides I do not understand what is meant by titles against the Crown by virtue of any Order formerly granted. (4) The first proviso, for persons under disabilities to sue, omits persons in prison, and for those that are mentioned, saves the right of suits or entry onely to themselves but not to their heirs extors. or admors. as it ought to have done. And the proviso ought also to extend to suits where the defts. shall be beyond sea. (5) The proviso touching bonds bills and mortgages whereon no interest hath been paid and judgments recognizances fines and amerciaments and all other writings obligatory, which have not been legally demanded within 20 years from the dates or from the last payment of bills bonds and mortgages, and that shall not be legally demanded within 5 years after making the said Act, which declares them null and void is unnecessary and unreasonable. Unnecessary, because at law after 20 years past without demand, it will be presumed the debts are satisfied, unless the creditor shew a reason why no such demand was, as prior incumbrances, or absence, poverty or absconding of the debtor, or absence or incapacity of the creditor. And it is unreasonable, for that the non payment of interest for that time may be proved to be by agreements, or the securities may be kept on foot to protect an estate, or the debtor may have been insolvent absconded or absent, or there might be prior incumbrances which ought to be first satisfied, or the creditor might be absent or under disability to claim. The last clause that makes all bills of sale, deeds and other conveyances made and recorded according to an Act of that Island for preventing of law-suits, as well as those that should be after made to have the effect of a fine or common recovery is unreasonable as to deeds made before this Act, and may give title to persons against the present possessors by a retrospect. The latter part of the clause to make future deeds recorded as good as a fine or recovery in England may be reasonable, and I apprehend is wanted in that Island, the former law making the grants onely of men and their wives of such effect. On the whole I am of opinion, this law is not proper to be approved of, but that an Act for limiting times for suits to be commenced between party and party is reasonable and necessary, and such law may with small alterations be framed by the English Act of 21 Jac. As to the quieting present titles against the Crown, if H.M. shall be gratiously pleased to allow the same, it's proper to be done by an Act for that purpose onely. P.S.—It is proposed by several gentlemen on behalf of the Island of Jamaica that this law may remain with your Lordps. for sometime, that there may be opportunity of passing and transmitting a law or laws for quieting possessions not liable to these objections, and that then this law may be repealed, against which I have no objection. Signed, Edw. Northey. Endorsed, Recd. Read July 17, 1713. 3¼ pp. [C.O. 137, 10. No. 5; and 138, 13. pp. 434–440.]
July 14.
Whitehall.
395. Council of Trade and Plantations to Edward Lloyd, President of the Council of Maryland. Acknowledge letters of Jan. 25, July 15, Nov. 20th, 1712, and April 16, 1713. Continue: Wee have transmitted to the Earl of Dartmouth your letter to him and the Address therein referr'd to. You have not with your papers sent any account of the annual revenue of Maryland, which you are required to do by your Instructions, and therefore we must remind you thereof, that you do not fail of doing it half yearly or oftner, as opportunity offers to us. The Acts which we have receiv'd shall be considered at the first opportunity, and our opinion thereupon transmitted to you. In the mean time we must observe upon the Act for regulating writts of error and granting appeals from and to ye Courts of Common Law within this Province, that by H.M. Instructions, you are required to endeavour to get a law passed, wherein the method and limitation of appeals from the inferior courts to the Governor and Councill may be settled and restrained; but you are not to enact anything that H.M. has already settled by Her said Instructions, and therefore all that clause in the foresaid Act, which relates to appeals from the Governor and Councill to H.M. ought to be left out, the same being sufficiently provided for as aforesaid. Wee advise you therefore, to endeavour to get a new law pass'd without the said clause; else wee shall be obliged to lay the same before H.M. for her disallowance. [C.O. 5, 727. pp. 336, 337.]
July 15.
Whitehall.
396. Circular letter from the Council of Trade and Plantations to Governors of Plantations. Enclose for publication, copies of the Treaties of Peace and Commerce with France, and the Assiento Contract. [C.O. 29, 13. p. 17; and 38, 7. p. 184; and 5, 727. p. 338; and 5, 913. pp. 443, 444; and 5, 1123. p. 118; and 5, 1292. pp. 387, 388; and 5, 1363. p. 487; and 138, 13. pp. 433, 434; and 195, 5. pp. 314, 315; and 153, 12. p. 103; and 218, 1. p. 80.]
July 15.
Whitehal.
397. Mr. Popple to Mr. Attorney General. Encloses extract from Governor Lowther's letter. Continues:—The Council of Trade and Plantations desire your opinion as soon as may be, upon the following query, vizt., whether an appeal can, or ought to be brought from the Court of Exchequer in Barbadoes, to the Governor and Council there, as a Court of Chancery. 1 p. Overleaf,
397. i. Sir Edw. Northey to the Council of Trade and Plantations. I am of opinion the Governor by virtue of his Instructions is to admit appeals as well from the Court of Exchequer as from other Courts in Barbados for the Governor and Council there, and this plainly was the intent of the Governor's Instructions, no appeal being directed to be allowed from any Court to H.M. but from the Court of Chancery, which would have been provided for, to have been from the Court of Exchequer to H.M., if an appeal had not been intended to be first in the Chancery. Signed, Edw. Northey, 16 Feb. 1713 (sic). ½ p. Endorsed, Recd. Read July 17, 1713.
397. ii. Extract of Governor Lowther's letter Dec. 20, 1711.
397. iii. Extract of Governor Lowther's Instructions relating to a Court of Exchequer and to appeals. [C.O. 28. 13. Nos. 102. 102 i.–iii.; and 29, 13. pp. 16, 21.]
July 16.
Whitehall.
398. W. Popple to Sir E. Northey. Encloses No. iii. supra, and desires an answer as soon as possible. [C.O. 29, 13. p. 18.]
July 16.399. Mr. Rigby, Deputy Secretary and Provost Marshal of Jamaica. Objects to the Act of Jamaica for preventing any one person holding two or more offices, as aimed at himself and encloses following. No inconveniencys have hapned through his holding the two offices, etc. Signed, R. Rigby. Endorsed, Recd. 17th, Read 31st July, 1713. 2 pp. Enclosed,
399. i. Copies of Sir E. Northey's opinion, June 30, 1707, given to Governor Handasyd, that the office of Provost Marshal is not incompatible with that of Secretary, etc. 1 p. [C.O. 137, 10. Nos. 23, 23 i.]
July 17.400. Mr. Attorney and Mr. Solicitor General to the Council of Trade and Plantations. We have considered the case of Thomas Simpson and Mrs. Gandy (v. Feb. 21, 1711, and March 8 and Nov. 12, 1712) and have heard the persons concerned on both sides. etc. Case stated at length. Conclude:—Wee are humbly of opinion that the Act (of Jamaica) for vesting Thomas Finche's estate in trustees, the better to enable his security to pay £3800 due from him as Commissioner for the publick of this Island, was just, the bond to H.M. being a charge on the same and therefore preferable to other creditors of the said Finch, and that it was reasonable to make such provision for the payment of those moneys, the same being publick money, and to be accounted for to the Assembly, and it was just that Finch and his estate should be charged with the same and not to have the same levied on his security, and leave them to their remedy at law for their satisfaction they having pursuant to the Act advanced the moneys after, for fitting out the sloops, as appears by the affidavit of William Wood and Joseph Hodges, etc. In pursuance of that Act the trustees have already sold part of Finche's estate, and if that Act should be now rejected, those purchasers will lose the money paid by them for the same. Signed, Edw. Northey, Rob. Raymond. Endorsed, Recd. 22nd July, 1713. Read 25th Feb. 17 13/14;. 6 pp. Enclosed,
400. i. Affidavit of Joseph Hodges referred to in preceding. Jan. 13, 1712. Signed, Joseph Hodges. ½ p.
400. ii. Affidavit of William Wood, referred to in preceding. Jan. 13, 1712. Signed, Wm. Wood. Endorsed, Recd. 23rd July, 1713. Read 25th Feb. 17 13/14. 1 p. [C.O. 137, 10. Nos. 42, 42 i., ii.; and (without enclosures), 138, 14. pp. 77–86.]
[July 17.]401. Whitgift Aylmer, Francis March and Thomas Beckford to the Council of Trade and Plantations. As former members of the Assembly of Jamaica, and in reply to Mr. Popple's summons, pray for time and access to documents, in order to put into writing information concerning the passing of the Act for preventing of any one person from holding two or more offices etc., and concerning the escheated estate of Mrs. Kupius, etc. Signed, Whitgift Aylmer, Francis March, Thomas Beckford. Endorsed, Recd. Read July 17th, 1713. 1 p. [C.O. 137, 10. No. 19.]
July 17.402. Lt. Governor W. Hamilton to [? Mr. Lewis]. I have received some intelligence that John Bermingham is in this city [=London Ed.] etc. I shall informe myselfe where he may be apprehended, etc. You may direct for me at my Lady Russells' in Berwick Street. Signed, W. Hamilton. 1 p. [C.O. 152, 42. No. 110.]
July 18.
Whitehal.
403. Mr. Popple to Sir Edward Northey, Attorney General. Encloses four parcels of Jamaica Acts. The Council of Trade and Plantations desire your opinion in point of law, with what convenient speed you can, upon the Acts (1) declaring what persons shall be qualify'd to sit in Assembly (1711); (2) to prevent hawking and disposing of goods clandestinely (1711); (3) to disenable any member of the Council or Assembly from acting as Commissioner for receiving any publick money, etc. (1711); (4) for regulating fowling and fishing (1711); (5) for the better securing the estates and interests of orphans and creditors, and to oblige executors to give security and to return appraisements into the Secretary's office (1711); (6) to encourage white men to come to continue and settle in this Island (1712); (7) for preserving the public Records (1712). [C.O. 138, 14. pp. 13–15.]
July 18.
N. York.
404. Governor Hunter to the Council of Trade and Plantations. This comes by ye Enterprize; I have not had ye honour of any from your Lordps. since that of ye 12th of June, 1712, which makes me conclude that my pressures are remedyless, haveing had hitherto too solid proofes of your Lordps. compassion to doubt your endeavours for my releife, I shall not now add to your concerne by a recapitulation, but proceed to what has since occurred. Haveing spoke to ye new Assembly (v. June 11), their fears of ye promis'd remedy at home, and their apprehension of a speedy dissolution suggested to them the necessity of an appearing willingness to support the Government in ye manner it was expected they should, and some resolves in their Grand Committees sounding soe, made it necessary to continue their session. The Act for support of Government will best inform your Lordps. of ye result, for there they lodge in H.M. Receiver's hands, a summe short of their own scanty allowance of £2800, and ye Government is to have recourse to their Treasurer for ye remainder, and this too but for one yeare, soe that whoever has ye misfortune to be concern'd in their Governmt. ye ensueing yeare will be laid under an unavoidable necessity of teizing yr. Lordps. as I have done. The other two Acts (enclosed) require noe comment. That house had passed severall other Bills, some of which have also past ye Councill, but their harvest comeing on, and all of them being desireous of a recess, I thought fitt to delay my assent untill they meet againe, being now adjourned to ye first of Oct. next. Amongst these there is an Act for appropriating the Excise to ye payment of ye publick debts for 20 yeares, but those debts not being as yet ascertain'd by an Act or any method of payment fix'd, I shall not assent to ye one without the other, least I should pass an Act for lodgeing considerable summes in ye hands of a country Treasurer for purposes which I am a strainger to, and which may be hereafter apply'd to worse uses than anybody dreams of at present. I have often told yr. Lordps. that it is in vaine to attempt anything in the Jerseys untill the Councill be altered. I know that yr. Lordps. are of the same opinion, and I doe again affirm that you must change the Councill or change ye people, for changeing ye Governour will not doe. The Palatins (askeing yr. Lordps'. pardon for mentioning them) who remaine upon the lands on which I planted them, have beene by the blessing of God and their own labours able to subsist themselves, those who run to Schohare have beene oblig'd to ye charity of ye province to save them from starveing. The trees will be ready for ye manufacture after this Fall, but nothing can be done here for nothing. I have formerly inform'd your Lordps. of ye disputes about the quitt-rents, and whale-fishing. I think it now necessary to put your Lordps. in mind of an Act past here in November in ye ninth yeare of H.M. raigne entituled an Act for ye better settlement and assureing of lands, which was intended to gaine over ye people to ye interest of ye Government, and has not as yet obtain'd H.M. approbation. Yr. Lordps. are ye best judges whether or noe their behaviour has deserved that, all claimes are barr'd by that Act ye first of September next ensueing. Soe it is high time to think of it. My Lords, I have done my best in my station, and apprehend no scrutiny on earth. God who knows my heart will acquitt me elsewhere. I have serv'd faithfully, suffer'd patiently, and shall resign chearfully whenever it shall be H.M. pleasure I should doe soe. I have spent ye better part of my life in her service, and for that am ready to sacrifice ye poore remainder, but whatever befall me, I am with ye deepest sense of gratitude and duty, my Lords, your Lordps'. most humble and most obedient servant. P.S.—I send yr. Lordps. likewise a private Act wch. needs noe remarke. Since ye writeing of what is above the post from New England has brought me H.M. Letters for ye changes in the Councill of ye Jerseys, and the pardon of ye condemn'd negroes here, which will enable me to struggle chearfully with all other difficulties, for indeed the notion that a faction here had spread that I was disregarded at home, and consequently speedily to be recalled had gain'd soe much creditt, that the freinds of ye Government cool'd whilst ye others triumph'd. Your Lordps. shall never have reason from any act of mine to repent or be asham'd of your generous patronage, etc. Signed, Ro. Hunter. Endorsed, Recd. 23rd Sept., Read 22nd Oct. 1713. 2 pp. [C.O. 5, 1050. No. 68; and 5, 1123. pp. 128–133.]
July 18.
N. York.
405. Governor Hunter to Mr. Popple. Acknowledges letters as above. Signed and endorsed as preceding. Holograph. 1 p. [C.O. 5, 1050. No. 69; and 5, 1123. pp. 133, 134.]
July 18.
N. York.
406. Governor Hunter to the Earl of Dartmouth. Encloses copy of No. 404. Signed, Ro. Hunter. Holograph. 2 pp. Enclosed,
406. i. Duplicate of No. 404. [C.O. 5, 1085. Nos. 13, 14.]
July 19.
Corke.
407. Governor Nicholson to the Earl of Dartmouth. Acknowledges letter of July 11th, and H.M. commands of June 23rd. I have enquired of Capt. Caleb Wade, H.M.S. Adventure, when he could be ready to saile, etc. I hope in God wee shall be able to reach Annapolis Royall time enough not to lose the benefitt of the season for New England, and if possible I shall endeavour to visitt Placentia etc. before the winter, etc. Signed, Fr. Nicholson. 1¾ pp. [C.O. 5. 9. No. 117.]
July 20.
Whitehall.
408. Council of Trade and Plantations to the Lord High Treasurer. Request payment of enclosed account of office expenses and salaries, Michaelmas, 1712—Midsummer, 1713. [C.O. 389, 37. pp. 60–63.]
July 20.
Whitehall.
409. Council of Trade and Plantations to Governor Hunter. Since we wrote to you on the 13th [? 23rd] April, we have seen your letter to our Secry. of the 11th of May, and are very much surprized to find the Assembly of New York persist so long in their undutifulness to H.M. after what we have so often writ you upon that subject. We acquainted you (April 23rd) what we had done upon that matter; H.M. approved the draught of the Bill, and directed us to lay the same before the Parliament, but the Parliamt. rising so soon after it was impossible to prosecute it this Sessions to effect, however you may be assured that now we have H.M. commands as aforesaid, we shall not fail at ye beginning of the next Parliament, to take all the care possible that H.M. commands for the future be no more slighted by a people who owe their whole protection to H.M. goodness. Your endeavours and resolutions to support and maintain H.M. rights and prerogative, are very commendable; but as to the augmentation of the forces you desire, we cannot at present make you any answer thereto. We inclose Mr. Attorney General's opinion (May 5) relating to grants of lands and quit-rents, which will be a guide to you in all future occasions, etc. [C.O. 5, 1123. pp. 121, 122; and 5, 1335. No. 184.]
July 20.
Whitehall.
410. Council of Trade and Plantations to Lt. Governor Spotswood. Acknowledge letter of Feb. 11th, q.v. With regard to the expenses of the spyboat and prisoners, all that can be done now will be (when the next session of Assembly shall resume the consideration of the state of the Revenue), to exhort them to replace the mony you have been obliged to take for these purposes out of H.M. Revenue of 2s. per hhd., because these services were solely for their advantage and security, and that all prisoners of war, taken in the Plantations are constantly subsisted at the charge of those Colonies where they are taken. This gives us occasion to remind you of the article of your Instructions, whereby you are required to transmit to us a constant account of the receipts and issues of the publick revenues made up every half year, and which we shall expect from you for the future. We must needs commend your charity to your distressed neighbours of North Carolina, and the great zeal you have shewn in exciting your Colony to afford them the assistance, they have done in cloth and money, and if your people had any share in the action, which as 'tis said happen'd on the 20th of March last, wherein the Tuscoruro Indians were entirely defeated, we hope to have that report confirmed by a more authentic accot. from yourself. We have the laws you have sent us, now before us, but have not had time to consider of them. The Bill prepared in pursuance of H.M. permission for passing the 84 Article of your Instructions into a law, being so reasonable and well suited to the circumstances of your Colony, makes it the more unreasonable in the Assembly to reject it: but since they have done so in adherence to their unreasonable customs, it is but just that you strictly pursue the purport of your Instructions, which are and ought to be deemed by them as valid as their Charter. You have done very well by a Proclamation to prohibit the abuse of that privilege granted to persons imported, and hope the measures you have taken will be effectual to redress those practices. You will do very well to pursue the scheme you propose for revising the laws of this Colony, rather than by the Assembly and if you transmit a copy of them hither before they are printed for our perusal, it will be very reasonable that the persons who took the pains, should have ye privilege of printing and selling them, and you may assure them that they may expect our concurrence and assistance for the same. We have received the account of arms and ammunition belonging to H.M. and remaining in the several counties, where they were dispersed, and we desire you from time to time to give us the like accounts for our information. As to the low prices of tobacco which you say is the occasion no more negroes have been imported into your Colony, we hope that in another session of Parliament if the trade of France be open'd, it will give a great vent to and consequently raise the price of that commodity. We shall expect a more compleat list of births and burials according to your promise. We shall make a representation in behalf of Mr. Wm. Cock Secretary as a fit person to supply the place of Col. Harrison in the Council for the reasons you give, and we wish Col. Basset would be content with being replaced at the Council, and not insist on being restored to his former precedency for the mischiefs and inconvenience that such an example would necessarily introduce, and think he has the more reason to submit to it, because his being out of the Council was his own voluntary act. [C.O. 5, 1363. pp. 506–510.]
July 20.
Whitehall.
411. Mr. Popple to the Earl of Orkney. There being now three vacancies in the Council of Virginia in case Mr. Basset shall persist to refuse acting unless he be restored to his place of precedency therein; the Lords Commissioners for Trade and Plantations have under consideration the filling up the said vacancies, and command me to acquaint your Lordship therewith and to desire to know whether your Lordship have anybody to recommend to those places. I return your Lordship, my most humble thanks for the favour your Lordship was pleased to do me upon the account of James Keys. [C.O. 5, 1363. p. 511; and 5, 1335. No. 185.]
July 20.
Whitehal.
412. Council of Trade and Plantations to Governor Lowther. Acknowledge letters of Dec. 20, 1711, Feb. 18, April 9, May 28, Aug. 16 and 29, 1712, and Jan. 26 and March 30th, 1713. Continue:—As to what you write relating to the non-observance of H.M. orders about coin in the Leeward Islands, we are to inform you, that the present Governor being recall'd, we shall take care, upon the sending over another, that the said orders be reinforc'd. H.M. having been pleas'd, upon Mr. Carter's petition, to restore him to the practice of the law, from which you had suspended him, we have little to say to you upon that subject, only we think it necessary to give you our opinion upon the matter for your future government. When a practitr. of the law has been once admitted by the Courts, he has an undoubted right to practise there, and ought to enjoy the same, till he shall be legally convicted of such misbehaviour in his practice as shall amount to a forfeiture of such right. As to the particular case of Mr. Carter, you might have suspended him from the execution of his office for pleading against H.M., but we do not think, for the reasons abovemention'd, that you have power to suspend him from the practice of the law. Upon this occasion, we must take notice to you, that none of the Queen's Council at Law either here or in the Plantations, ought to plead against H.M., without H.M. leave, or the leave of H.M. Governors in the said Plantations. This we desire you therefore to signify to them that they may conform themselves thereunto accordingly. In answer to your query how you are to behave yourself in case you shou'd happen to be either plaintiff or defendant in Chancery, we must take notice to you, that by your 98th Instruction relating to appeals, the Councillors that are judges of a Court from whence an appeal shall be brought to you and the Council, are not to be admitted to vote upon the said appeal, but they are allow'd to be present at the hearing of such appeal, to give the reasons of the judgement given by them in the Court from whence the appeal is brought. Since the abovesaid Instruction has been thought necessary in relation to a Councillor who has been only a judge, the reason of the thing will be much stronger in the case of a Govr., who shall be both judge and party, in Chancery; and therefore, as the constant practice has been, and which you may much better know in Barbadoes, that the Councillors have always had their votes in all causes depending in the Courts of Chancery, we can't think it adviseable for you, to give your vote in any cause wherein you shall be either plaintiff or defendant, tho' you may hold the Court, and be present at the hearing. We are of opinion that by virtue of H.M. Instructions to you, you are to admit appeals, as well from the Court of Exchequer, as from other Courts in Barbadoes, which is plainly the intention of your Instructions, no appeal being directed to be allow'd from any Court to H.M., but from the Court of Chancery, which would have been provided for to have been from the Court of Exchequer to H.M. had not an appeal been intended to be first in the Chancery. We take notice of what you write in relation to the dispute between the Council and Assembly on occasion of the Excise Bill. We do not doubt that there are several persons in the Assembly, that wou'd be glad to make themselves independent on the Crown of Great Britain, but that they may be undeceiv'd, we desire you to acquaint the Assembly in case there be any dispute for the future, between them and the Council, about passing of money bills, that the Council have an equal right with them to alter or amend such bills; for the Council are impower'd thereto, and made part of the Legislative by H.M. Commission to you; and the Assembly cannot be elected nor sit as an Assembly, but by virtue of a clause in your sd. commission, whereby you are empower'd to call Assemblys etc. The Assembly's pretence therefore of having the sole power of making mony bills will never be allowed of here, it being an infringemt. of H.M. royal prerogative. And for your information, we think fit to acquaint you that the Assembly at New York had taken up a like pretence of not admitting the Council to amend mony bills, upon wch. dispute the Revenue Bill of that Province was lost, and tho' we had several times writ to the Govr. our thoughts and the consequences of the Assembly's assuming such a pretended right, they still persisted therein; whereupon H.M. directed us to prepare the drat. of a bill, to be pass'd by the parliament here for settling a Revenue at New York, which was accordingly done and we had H.M. directions to lay it before the House, but the parliamt. rising so soon after, there was not time to do it. However it is ready agst. the next session. As to the business of the ship Oxford, that matter was some while ago referr'd to us, and a day appointed for the hearing, but the parties not being ready, nothing has yet been done in it, nor do we know whether the petitioners will proceed any further therein. We take this occasion to assure you that in the case of the sd. ship, or any other wherein you may be concern'd, we shall do you justice, and shall not determine anything without hearing you or your agents thereupon. But we think ourselves oblig'd to take notice that we have seen your summons of April 27th to Mr. Skene, a copy whereof is here enclos'd, wherein you require him to answer not only for what he did at this Board, but for his petition to H.M. This is a very arbitrary proceeding in itself, and reflecting upon ye justice of this Board. And upon this occasion we must acquaint you, that the Queen expects obedience to her orders, and that if you continue to prosecute Mr. Skene, in so unjust a manner, we shall represent this matter as it deserves to H.M. P.S.—Since our writing of this, we have recd. your letter of May 20th last, which requires no answer. [C.O. 29, 13. pp. 67–73.]
July 20.
Whitehal.
413. Council of Trade and Plantations to Governor Lord A. Hamilton. We have several of your Lordp's. letters unanswer'd occasioned by the long sitting of the parliament. In your answers (March 8 and May 15, 1711) to several articles of your Instructions we find that article which relates to the number of inhabitants etc., not yet perfected and your Lordship's reasons for it, which we hope will likewise be transmitted when you have received the necessary informations. The duties upon prize goods was taken of, by a clause in an Act of Parliament begun in the House of Commons, and the taking up those bonds was laid before the House, but met with so many objections and obstructions that nothing is done in it this sessions. Acknowledge letter etc. of May 15. We recommend to your Lordship to require the officers from time to time to return to your Lordship surveys of the stores, which will be a means of preserving them and making them useful upon any occasion. Your Lordship can best judge what fortifications are necessary to be enlarg'd and repair'd and what mony the country are willing to furnish for their safety and convenience. etc. Your letter etc. of the 10th and 18th of Oct. 1712 gives us an evidence (that notwithstanding the great disadvantage you were under by reason of the hurricane) you took all possible care to prevent the mischief then threatn'd by the French. We have perused the Minutes of Council mention'd in your Lordship's letter, where we find enquiry made into the disorders committed by the privateers of Jamaica. The ending of the war will ease you of any farther trouble of that kind. We likewise find some difficulties did arise upon disputes between the sea officers and the inhabitants, which we hope the seasonable Proclamation, issued out by your Lordship and the succeeding Peace will entirely put an end to. Upon your Lordship's recommendation of Mr. Broderick (March 8th), we enter'd his name in our books as a fit person to fill the next vacancy in the Council. But Mr. Edlyne and Mr. Mumby having by their petition to H.M. in Council set forth their intentions of returning to their stations, and beg'd leave to stay till the Peace, there is yet no vacancy. The House of Commons hath voted a supply to H.M. for maintaining Her forces in the West Indies and America for six months from June 24th last: but had not time for passing any law for raising the same. When any mony is issued on that account, care will be taken that H.M. forces with you have their proportion for the present till it can be further consider'd, which we hope will be in settling three Independant Companies instead of the Regiment. With your Lordship's letter of Nov. 22, 1712, we receiv'd the accounts of the Revenue and commend your Lordship's great care in entring all those accounts in the Council books and transmitting them hither from time to time. We have sent the Acts mention'd in the inclosed list to Mr. Attorney General for his opinion in point of law, and so soon as we shall receive the same, we shall lay the said Acts before H.M. for Her pleasure thereupon. We have now receiv'd Mr. Attorney General's opinion upon the Act for further quieting possessions, which is by no means fit to be confirmed by H.M. for the reasons mention'd in his report, a copy whereof is here inclos'd. Upon which we must desire your Lordship to acquaint the first Assembly that shall sit after the receipt of this, with Mr. Attorney's objections, and that we will forbear at present laying this Act before H.M., that they may have an opportunity of passing another not lyable to such objections, and that in case they do not pass such a new act, we shall be oblig'd to lay this before H.M. for her disallowance. We have been attended by several merchants and planters in Jamaica in relation to the Act to prevent any one person holding two or more offices of profit in Jamaica, who have desired a further day to give their reasons for confirming the said Act, and we have also heard Mr. Rigby and some others against the same, so that in a short time it shall be dispatch'd, that there may be no room for such misrepresentations as came from Mr. Beckford. They have also inform'd us that they believe there are heirs of Williamina Kupius living, and have promised in a few days to give us some further light therein. The memorial concerning escheats with observations thereupon, being a matter of great nicety and tending to the alteration of one of the Instructions H.M. was pleas'd to make upon a complaint before Her, we have referr'd to the Attorny General and when we have his opinion thereupon we will lay that matter before the Queen and acquaint your Lordsp. with H.M. pleasure therein. We receiv'd your Lordship's letters of Dec. 12 and 18, 1712 and Jan. 3rd following. We find that upon all disputes between your Lordship and Rear Admiral, the Council and Assembly were entirely of your Lordship's opinion: recalling Sir H. Walker hath put an end to that matter in Jamaica: tho' my Lord Treasurer has transmitted your Lordship's letter etc., to this Board, to be enquir'd into when there is a proper opportunity; but in the mean time we cannot but take notice of what the Council and Assembly have mention'd in their Address to your Lordship; that the permitting men of war to carry negroes and merchandizes must be very prejudicial to the fair traders and therefore we hope will be prevented for the future. We have likewise your Lordsp's. letters of March 5 and 13, 1713. Tho' your Lordship seems to doubt the allowing appeals from the Chancery to the Queen and Council, we cannot but think your Lordship took the right way in permitting them since they exceed the value of £500, your Instruction being general to allow all above that sum. [C.O. 138, 14. pp. 15–23.]
July 21.
Whitehal.
414. Mr. Popple to Sir E. Northey. Encloses, for his opinion, Governor Lord A. Hamilton's observations upon escheats, etc. [C.O. 138, 14. pp. 23, 24.]
July 21.
Kensington.
415. H.M. Warrant to Capt. William Taverner to be "Surveyor of such part of the coast of Newfoundland, and the Islands adjacent as the French have usually fished upon and wherewith our subjects are at present unacquainted," etc. Countersigned, Bolingbroke. [C.O. 324, 33. p. 1.]
July 21.
Kensington.
416. H.M. Instructions to Capt. William Taverner as preceding. Signed, A. R. [C.O. 324. 33. pp. 2, 3.]
July 22.
Kensington.
417. H.M. Additional Instructions to Capt. Taverner. You are also to survey the adjacent islands proper for fishing, etc. And whereas we are informed that the French, as well from their settlements on Newfoundland, as from Canada, have driven a considerable trade with the nations of Indians inhabiting the aforesd. Island, by exchanging with them European goods and merchandizes for several kinds of furs and other commodities of the growth and product of Newfoundland, you are to use your utmost endeavours to gain the sd. trade to our subjects, and upon making the best enquirys you are able, you are to lay before us the most proper methods you can discover for effectually procuring and settling the same. Signed, A. R. [C.O. 324, 33. p. 4.]
July 22.418. Earl of Orkney to the Council of Trade and Plantations. Reply to July 20. Recommends Wm. Cock, Mr. Basset, and Archibald Blair for the Council of Virginia. Signed, Orkney. Endorsed, Recd. 22nd, Read 23rd July, 1713. 1 p. [C.O. 5, 1316. No. 95; and 5, 1363. p. 512.]
[July 23.]419. John Marsh, Sollicitor, to the Council of Trade and Plantations. Prays the Board's consideration of an Act of Barbados, 1712. to enable the executor of Joanna Parris. widow, to sell certain lands. Signed, John Marsh. Endorsed, Recd. Read July 23, 1713. ½ p. [C.O. 28, 14. No. 6.]
July 23.
Whitehall.
420. Council of Trade and Plantations to Col. Lloyd, President of the Council of Maryland. Since our letter of the 14th instant, wee have looked back into wt. was writ you Oct. 26th, 1711, and find that there are some things in that letter, which remain yet unanswered, particularly the state of the Revenue. You tell us indeed in your answer to that letter that the accounts will be transmitted to Mr. Blathwayt; that is nothing to us, you are required by your instructions, to transmit those accounts to us half yearly or oftner, and therefore wee do expect that the same be punctually complyed with. The other clauses unanswerd are, that requiring an account of the strength of your neighbours, and what correspondence you had with ym.; the clause relating to the wants and defects of your Province. [C.O. 5, 727. p. 339.]
July 23.
Whitehall.
421. Council of Trade and Plantations to Governor Lowther. We take notice in your letter of April 9, 1712, that you promis'd an answer to the letter writ you from this Board of Oct. 26, 1711, upon several clauses of your Instructions: But as we have not yet recd. such answer, we must remind you thereof, particularly of that Instruction which requires you to send to us the accounts of the Revenue of that Island. We shall therefore expect that you transmit to us by the first opportunity distinct answers to the sd. letter, it being absolutely necessary we be particularly inform'd of the state of Barbados, that we may be the better enabled, from time to time, to lay such representations before H.M. as shal be necessary. [C.O. 29, 13. p. 74.]
[July 23.]422. Planters and Merchants concerned in Jamaica to Council of Trade and Plantations. We do not know of any inconveniencys, nor are apprehensive of any, by reason of the execution of the offices of Secretary and Provost Marshall in the manner they have been executed for severall years past, etc. Signed, Cha. Long, Charles Kent, Jno. Lynch, John Moore, Tho. Freeman, Wm. Willard, Deane Poyntz, Wm. Wood, J. Ayscough. Endorsed, Recd. Read July 23, 1713. 1 p. [C.O. 137, 10. No. 20.]
[July 23.]423. Traders to Jamaica to the Council of Trade and Plantations. Pray for suspension of prosecution of plantation bonds for 18 months, in which time they will be able to obtain certificates of discharge of all ships at the ports they cleared for, except those lost or taken by the enemy, etc. Signed, Jedekiah Wyatt and 22 others. Endorsed, Recd. Read July 23, 1713. 1 p. [C.O. 137, 10. No. 21.]
July 24.
Whitehall.
424. Mr. Popple to Mr. Solicitor General. Encloses for his opinion Act of Barbados referred to in No. 419. [C.O. 29, 13. pp. 75, 76.]
July 24.
Corke.
425. Governor Nicholson to the Earl of Dartmouth. It was last night before I recd. your Lorpps. letter of the 13th inst. I hasten Capt. Wade all I can, but he tells me he can't saile untill next week for want of provisions etc. I beg that your Lordpp. would be pleased to order at least 1000 of H.M. most gracious speeches to the Lords and Commons of the 16th inst. to be dispersed on the Continent and Islands of H.M. Empire in North America, and please God I arrive at Boston I intend to have a good number of them printed and dispersed, etc. Signed, Fr. Nicholson. 1¼ pp. Enclosed,
425. i. Governor Nicholson to Capt. Wade, Cork, July 24, 1713. Encloses Lord Dartmouth's letter of July 13 and requests him to sail for Kingsaile for the cloaths etc. for the garrison of Placentia. Signed, Fr. Nicholson. Copy. 1 p. [C.O. 5, 9. Nos. 118, 119.]
July 24.
Whitehal.
426. Mr. Popple to Charles Carkesse. Encloses Governor Lord A. Hamilton's letter etc., April 25th, and memorials relating to the prosecution of Plantation bonds, for the opinion of H.M. Commissioners of Customs thereupon. [C.O. 138, 14. p. 25.]
July 27.
Whitehall.
427. Mr. Popple to Mr. Attorney General. Encloses copy of Governor Hunter's letter and queries relating to quit-rents, escheats and whale-fishery (June 11). "And because Col. Hunter apprehends H.M. prerogative is very much concerned in these matters, the Lords Commissioners for Trade and Plantations desire you will forthwith let them have your opinion upon them, that they may have an opportunity of representing to H.M., or writing to Col. Hunter, as ye case shall require, before they go down into ye country to their elections." [C.O. 5, 1123. p. 123.]
July 28.
Whitehall.
428. Council of Trade and Plantations to the Queen. Recommend Wm. Cocke and Edmd. Berkley for the Council of Virginia (v. Feb. 11, July 22.) [C.O. 5, 1363. p. 513; and 5, 1335. No. 183.]
[July 28.]429. Whitgift Aylmer, Francis March and Thomas Beckford to the Council of Trade and Plantations. Mr. Rigby was the person aimed at by the Act of Jamaica for preventing any one person from holding two or more offices, etc., his practices having been for some years past such as disturb'd the quiet of the generality by exaction of extravagant fees, etc. Many of the original deeds of estates having been through course of time and the influences of that climate worn and defaced, and many others quite lost by the terrible earthquake, 1692, the great fire 1702, and the dreadfull hurricane 1712, and the publick records and enrollments of all deeds and conveyances made in 1671, 1672 having likewise been lost, the persons who have the imediat charge of some of the offices mentioned having the opportunity of searching into possible defects in rights to estates, and frequent experience had of many sinister uses made of the casual losing of deeds by pretended escheats etc., has made such practice so insupportably vexatious, and grievous to the inhabitants, that that's the true cause of their having, all along, had so much at heart the passing of the Act for the further quieting possessions etc., and not the pretended concealment of any estates wch. of right ought to belong to the Crown, as is without any just ground suggested in the state of the case now lying before your Lordps. and which we beleive was concerted by Mr. Rigby and Brodrick. As to the estate of Williamina Kupius it may be worth 5 or £6000, and an uncle and other relations of the said Williamina are living in Holland, etc. Signed, Thomas Beckford, Francis March, Whitgift Aylmer. Endorsed, Recd. Read July 28, 1713. 3½ large pp. [C.O. 137, 10. No. 22.]
July 31.
Whitehal.
430. Mr. Popple to Sir E. Northey. Desires his opinion in point of law as soon as possible upon the Act of Jamaica to prevent any one person from holding two or more offices, etc. [C.O. 138, 14. pp. 26, 27.]
July 31.
Whitehal.
431. Mr. Popple to Major General Handasyd. Desires his opinion upon above Act, and the reasons which induced him to pass it. [C.O. 138, 14. pp. 27, 28.]