America and West Indies
July 1714

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Institute of Historical Research

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Cecil Headlam (editor)

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1926

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362-379

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'America and West Indies: July 1714', Calendar of State Papers Colonial, America and West Indies, Volume 27: 1712-1714 (1926), pp. 362-379. URL: http://www.british-history.ac.uk/report.aspx?compid=73935 Date accessed: 20 August 2014.


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Contents

July 1714

July 1.
Barbados.
711. President Sharpe to Lord Bolingbroke. Refers to letter of June 14. On the 17th June I review'd all the forces of the Island in two bodys; the eight following days I spent in visiting the fortifications; but forts and forces were in a miserable condition; particulars of which I will lay before your Lordship, as soon as the same are return'd to me, etc. Before, and in this progress, I had opportunitys of making my observations of the tempers of the gentlemen who have been so divided; I found those displac'd by Mr. Lowther, tho' in number, fortunes, and education they very much exceed those he thought fitt to employ, willing in earnest to come to a thorough reconciliation; on the other hand, those he left in power, at best cold, would talk of being reconcil'd, but on no other termes than engrossing all the favour of the Government; tho' not to mèe, yet where they would be free, one and all was their word; remove one, and all would resent it; indeed, I must do Mr. Frere this justice, that he frankly told myself, a reconciliation could not be; and to others his discourse is that Mr. Lowther's friends must not be touched. Only Mr. Horne very handsomly declared he would do anything to put an end to party. However, my Lord, I neither was, nor am yet discouraged from persuing that view still further; and therefore as the leeward troops and forts appeared much worse than the windward, tho' they were too bad, I have determined to put those troops and forts into better hands; the other I will yet keep in the hands they are, in hopes of bringing them to a good temper, and therefore I omitted mentioning their ill condition in my speech to the Council upon my return (copy enclosed), to try if by such gentle useage I could work upon them. By this regulation, the militia which consists of eight regiments, two of horse, and six of foot, beside the troop of guards, will be in the hands of men of best estates; four of them commanded by Mr. Frere, Mr. Maxwell, Mr. Hallett, and Mr. Horne, whom Mr. Lowther left at their head with the chief military commands, the three first as General Officers, whom I shall continue unless by their future ill behaviour they compell me to remove them; the other four regiments I shall not dispose of till next Tuesday; so many worthy gentlemen having been formerly displaced, that I have not yet determined which of them to place in those commands; but by that time, I shall. Amongst the Colonels I shall displace, Mr. Maycock will be one; a person whose conduct in the Treasury has ruined the publick credit. Against this gentleman Mr. Perry, the Surveyor General of H.M. Customs here, has presented me a memorial, supported by many affidavits, setting forth a great many violences he has been guilty of against the officers of the Customs, which I have referred to Mr. Carter, H.M. Attorney General, that proper redress may be given. Your Lordship will observe from the inclosed speech to the Council that Judge Carter living in the precincts of St. James and St. Thomas, he could not by H.M. Order made in the case of Bently and Downes be judge of that Court; neither for the same reason could Mr. Vaughan be Judge of St. Andrew's and St. Joseph's Court; Judge Alleyne was removed from the Bridge Court by Mr. Lowther, without consent of Counsel; and though he pretended to give him a hearing, he refused to let his witnesses be examined, under a pretence that they were to disprove a record; the pretended record was private orders made upon petitions out of Court in relation to irregular proceedings upon executions, which orders his witnesses were to prove were made by consent of partys; the first I humbly hope your Lordship will think was arbitrary, being contrary to H.M. Instructions, which make the consent of the Council necessary on such occasions, and the last, unjust. I could, my Lord, have given many other reasons for displaceing the persons put in so irregularly by Mr. Lowther; but this being of a harsher nature, and disobedience to H.M. Orders being, in my judgement, an unanswerable one, I thought that the properest, and therefore entered no other. Mr. Vaughan has several causes depending against him in the Court of which he is Judge, and besides is a very weak man; Mr. Carter and Mr. Sutton, the other two, have been the greatest sticklers in the Assembly against holding the late Court, and indeed all my other measures, are two of the chief leaders of the irreconcileable men, and the last of them especially concerned in many abuses under Mr. Lowther. The conduct of the Assembly in relation to the Grand Sessions. and their frequent neglecting to meet, notwithstanding my orders, and the pressing occasions of the country, determined me to part with them; and in my progress, finding the general inclinations of the substantial inhabitants for a new election, I intend to dissolve them in a few days. In all these things, my Lord, I have the consent of the Council the 29th instant. Having such good reasons for this proceeding, in my humble opinion, I thought it more agreeable with my designs to calm men's tempers as much as I can, to give them, rather than others, which tho' as true, might be more severe. In all which I humbly hope I shall be honoured with your Lordship's approbation, etc. During my absence from Pilgrim upon the review, the publick prison was broke open, and most of the prisoners escaped; This had been prevented, had the Sessions held: The new Assembly I am perswaded will consist of men more regardful of the publick good. Refers to enclosure i. Pardon me, if I presume to hope some censure will be thought proper to be past on such Counsellors, as so openly joyned with Mr. Lowther in countenancing his disobedience to H.M. Orders dismissing him from the Government, and honouring me with it as President; large accounts of which, with duplicates, I troubled your Lordship with soon after my arrival here; your Lordship will be pleased to consider should such a conduct pass without some severe remark, it may be of ill consequence to this place. Mr. Salter, a worthy member of that Board, is obliged for his health to go for London by this conveyance; I most humbly recommend him to your Lordship, etc. P.S. The Peace between H.M. and the King of Spain has been proclaimed here according to the orders I received, etc. Signed, Wm. Sharpe. Endorsed, Rd. Sept. 13. 4 pp. Enclosed,
711. i. List of gentlemen proposed by President Sharpe for vacancies in the Council of Barbadoes, June 1st, 1714. (1) James Hannay, a very worthy gentleman of good parts improved by a liberal education at Oxford, of great prudence, resolution and integrity, and of a very good estate. (2) George Walker, an ingenious discerning gentleman, of very good parts, educated at Oxford, of great prudence, courage and integrity, of one of the best familys and estates in the Island. (3) Reynold Alleyne, a very honest gentlemen of good sense and a very great estate. (4) Thomas Beckles, a very good man, of good sense, and a good estate. (5) Othniel Haggatt, an honest gentleman of a discerning judgement and a very good estate. (6) Joseph Salmon, a very worthy old gentleman, of a general good character, and a very plentiful estate. (7) Thomas Stewart, a gentleman of good sense morals and estate, a considerable merchant. (8) Henery Peerse, a gentleman of good sense, and a great estate. (9) Abel Alleyne, an ingenious discerning young gentleman of very good parts, educated at Cambridge, of great prudence, courage and integrity, son and heir apparent of one of the best and wealthiest familys in the Island, and of a very good estate in possession. (10) William Dottin, a gentleman of good parts, improved by a liberal education at Oxford, and of a very good estate. (11) John Rouse, an honest gentleman of a very good estate. (12) Burch Hothersal, a discerning young gentleman of one of the best estates in the Island. 1¼ pp.
711. ii. Copy of H.M. Warrant to Governor Crowe for discharging Judge Downes. Aug. 20, 1709.
711. iii. Duplicate of No. 696 iii.
711. iv., v. Duplicates of No. 712 ii. [C.O. 28. 43. Nos. 90, 90 i.. ii.: and 28, 38. Nos. 89–95.]
July 1.
Barbados.
712. President Sharpe to the Council of Trade and Plantations. Duplicate of preceding letter. Endorsed, Recd. 27th Aug., Read 8th Sept., 1714. Enclosed,
712. i., iii. Duplicate of No. 711 i., ii.
712. ii. Copy of President Sharpe's speech to the Council of Barbados, as to restoring Judge Alleyne, etc. Endorsed as letter. 1½ pp. [C.O. 28, 14. Nos. 23, 23 i.–iii.; and (without enclosures) 29, 13. pp. 114–125.]
July 3.
Placentia.
713. Lt. Governor Moody to [? Mr. Popple]. Nothing can be more evident than this, that if I had not winked at the French inhabitants catching of fish in Placentia this season (there being no English inhabitants) Placentia would have been of no benefit to the English and the six French ships who were here before I arrived, and came to carry away the inhabitants' effects and receive their debts, I have not suffered to fish, or to land any goods since my arrival; here are also several other French ships coming daily from France for wood and water for their passage to Canada and Cape Briton, and I do not suffer them to land any goods or to trade, having publickly forbid the same to them, there is but one English vessell fishing here, and she so very late and unprepared, that she cannot catch a quarter of her loading, but at the same time there is severall sail of other English ships, most of which are come empty to purchase fish by bill, and many more expected as I foresaw, upon which I desire to know, in case I had not winked at the French inhabitants fishing, how any English ships could propose to have got any fish here this year, without a miracle, and to give to the merchants of England a demonstration of my conduct and care for their service and benefit, I have by this means made the French inhabitants their tools, not allowing them to sell their fish to the French ships as they intended to do, under colour of paying their debts, but to the English, neither shall the French ships load here with fish, so that I have turn'd the tables upon the French designs of reaping much benefit by fishing here this year, for their fish shall be carried to market in English bottoms, which had I lett the French inhabitants into my design at first, they would not have catch'd a fish, neither would any of them have become subjects to Britain, and all the English ships who are come hither for fish must have gone away empty, to the unspeakable loss and disappointment of their owners, and I have judged it the properest time to acquaint the French by public notice with my design in the middle of the fishing season, that those who will not become subjects, and swear allegiance to the Queen and Crown of Great Britain, shall fish no more, which will oblige many of them to become subjects to England, and by their labour the English ships will be supply'd with fish which they could not possibly have been by any other means there being no fish yet catched in our old settlements. I am inform'd that there is three or four French ships fishing in some by places about fifteen leagues from this place, and I am now dispatching Captain Taverner away in the transport ship I have detain'd for him in search of them, and I send some soldiers with him, and I have ordered him to demand of them by what authority they fish there, and to bring the masters of the ships here to give me an account of their doings; and I desire I may have Instructions how I am to act in such cases, for I think it too desperate to seize their ships till I have orders for it; I have proclaim'd the peace with Spain. Signed, J. Moody. Endorsed, Recd. Read Aug. 13, 1714. 4¾ pp. [C.O. 194, 5. No. 47; and 195, 5. pp. 397–400.]
July 3.
Placentia.
714. Lt. Governor Moody to the Council of Trade and Plantations. Since I closed my letter of June 22. etc., I have received your packett of Aprill 6th for proclaiming of the Peace with Spain, from Capt. Taverner, and accordingly have proclaimed the same in the best manner. Signed, J. Moody. Endorsed, Recd. 5th, Read 26th Augt., 1714. 1 p. [C.O. 194, 5. No. 50: and 195, 5. pp. 412, 413.]
July 7.715. Sir John Bennett to the Council of Trade and Plantations. On behalf of his brother, Capt. Bennett, renews his application to the Board to recommend his case to the present Governor of Bermuda, so that he may prevail with the Assembly to pay the debts owed to him by the Island: Requests the Board to send to Lt. Governor Pulleine a copy of their order for the allowance to Capt. Bennett of halfe the profits of the offices to Capt. Jones' deputys who did officiate for him. Jones does now sue Capt. Bennett in Chancery before the present Governor for the whole profits of his offices ever since his first suspension suggesting that Capt. Bennett had received them, although he did not, etc. Signed, Jo. Bennett. Endorsed, Recd. 8th July, Read 30th Augt., 1714. 1½ pp. [C.O. 37, 9. No. 30.]
July 10.
Whitehall.
716. Lord Bolingbroke to the Council of Trade and Plantations. Refers following for their report. Continues:— It is the Queen's pleasure that your Lordps. should give an account of the advices you have concerning this matter, if you have received any, that you should consider the nature of the traffick complained of, state the obligations we are mutually under in that respect by Treaty or otherwise, and report your opinion upon the whole, that I may lay it before the Queen, and receive H.M. commands for the direction of the Governors in those parts of the West Indies. Signed, Bolingbroke. Endorsed, Recd. 10th, Read 23rd July, 1714. 1½ pp. Enclosed,
716. i. Extract of letter from Monsr. de Pontchartrain to Monsr. d' Iberville. June 27. 1714. The King has been inform'd that the Sieur Vanbroke (Vanbrugh), Commander of the English ship the Sorlings, having anchored at Martinico the 15th of March last upon pretence of having a letter from the Governor of Barbados to Monsr. de la Malmaison, who is commander in chief of the French Windward Islands in the Governor General's absence, the said Monsr. de la Malmaison acquainted the Captain that he had the King's orders not to suffer any foreign ship in the Roads longer than two days except they should want assistance; that the ship Sorlings being in a good condition, and in want of nothing, he desir'd the Captain to take his measures for returning back. He repeated the same several times to the Captain who refused to sail away, and remained there till the 9th of April contrary to Mr.de la Malmaison's orders, who would not oblige him to do it by force, to avoid breaking the good intelligence between the two Crowns, tho' he knew that ship was there only to carry on a private trade and to favour that of several English barks, wch. coasted round the Island. English ships and barks come every day to Martinico loaded with goods, who desire leave to anchor there upon sevl. pretences, and in the night time put on shoar the goods and merchandizes with which they are loaden contrary to the regulations and orders of his Maty. by which all sorts of trade is forbid to foreigners in his Colonies. Those prohibitions are reciprocal; and if French ships should carry any goods into the English Colonies they would be confiscated. As this trade of the English in our Islands (which they are so fond of) is very prejudicial to the French trade, his Maty. has given orders to the Governors to cause all foreign ships and barks, that shall come thither for the future, to be seized and confiscated, and to prevent the disorders wch. may thereby arise, his Maty. out of a good intention to preserve the good Union, desires that you will inform the Queen of Great Britain thereof, that H.M. may be pleas'd to give her orders forbidding her subjects to go with any ships or barks to the French Islands, and that Capt. Vanbrok may be reprimanded for his proceeding at Martinico. 2¼ pp. [C.O. 388, 17. Nos. 32, 32 i.; and 389, 24. pp. 316–319.]
July 11.
Annapolis.
717. Governor Hart to Lord Bolingbroke. I did myselfe the honour to write to your Lordship on my arrivall here, and then acquainted your Lordship that the Assembly was to meete on June 23rd, which they did—sate eleaven days made five laws and then were prorogued to Oct. 5th. Refers to Journals for particulars. I have renew'd the treatys of peace and amity with several Indian Nations in H.M. name. The Indians are but few in number, well inclin'd to the English; but their Emperour Ashquas has left them and gone to the Northern Indians. I can't learne the true reason of his departing from so many nations (or rather familys) he commanded. But our Indian friends say it was because he could not move them to make warr on the English, and they are unanimous in their resolution never to receive him nor any that are enemy to the English. There has no rain been here since March 13th, (two small showers excepted) so that all the tobacco is burnt up. by which H.M. will be a great looser in the Revennue, and this Province become yet more miserable than it now is; for the planters are all in debt to the mercht., and many for more than they are worth. I think it my duty to acquaint your Lordp. that if some method be not taken to encourage the planting tobacco, Great Brittain will in a few years loose the benifit of that trade once so profitable to the Crowne. For the inhabitants finding themselves dayly worse and worse by making tobacco, they now raise stocks of cattle and sowe much graine, for which they finde a ready markett to Jamaica, Barbados, the Leeward Islands, and even in Portugall. And a further mischiefe is that for want of a price for their tobacco, they are fallen in the way of cloathing themselves (which formerly they did from England) to the great detriment of ye woollen trade. I cannot be so particular by this ship not being yet thoroughly inform'd of the state of this province. Signed, Jo. Hart. 2 pp. [C.O. 5, 720. No. 20.]
July 12.
London.
718. Earl of Orkney to Lord Guildford. Being informed that Col. Frances Oldfeild is laitly come frome Jamaica with his family who is one of the Councill there, I take the liberty to recomend to yr. Lop. and the rest of the Lords. Doctor Richard Tabor, minister of St. Cathrines the residence of the Governours of that Island, a fellow of long standing in Oxford, a man of learning and good life, to be put upon the Councill. I am told that Col. Edmund Edlyne has been absent above these foure years, soe that I beleeve it would be necessary to fill up his place. I hear that Major John Ayscough formerly of the Councill desires to return very soon, and hopes to be restored, I hear a very good character of him, soe I wish your Lops. wou'd approve of him, it's probable by the help of these Gentlemen the Govr. may be enabled to serve H.M. more successfully, and be better able to execute yr. Lops'. commands, which is the reason of my giving your Lops. this trouble. Signed, Orkney. Endorsed, Recd. Read 13th July, 1714. Holograph. 2 pp. [C.O. 137, 10. No. 54.]
July 13.
Boston, N. England.
719. Governor Dudley to the Council of Trade and Plantations. Encloses following, "whereby the thrifty expenditure of H.M. stores will appear." Signed, J. Dudley. Endorsed, Recd. 1st Oct. 1714, Read 25th June, 1718. ¾ p. Enclosed,
719. i. Account of stores of war at Castle William, Boston, 24th June, 1714. Endorsed, Recd. 1st Oct. 1714. 1 p.
719. ii. Account of stores of war at Fort Anne, Winter Island, Salem, 24th June, 1714. Endorsed as preceding. 1 p.
719. iii. Account of stores of war at Marblehead, 24th June, 1714. ¾ p. Same endorsement. ¾ p.
719. iv. Account of powder expended at Marblehead, 24th June, 1713–1714. Same endorsement. ½ p.
719. v. Account of stores of war at Fort William and Mary in Newhampre., 26th June, 1714. Same endorsement. 1 p.
719. vi. Account of powder etc. expended and remaining in New Hampshire, 24th June 1713—1714. Same endorsement. 2 pp.
719. vii. Account of powder etc. expended at Castle William, Boston 24th June, 1713—1714. Same endorsement. 1 p. [C.O. 5, 866. Nos. 154, 154 i.-vii.; and (without enclosures) 5, 915. pp. 135, 136.]
July 14.
Nevis.
720. Lt. Governor Smith to [? the Earl of Dartmouth]. The Most Christian King's Commander in Chief att Martinique having refused to deliver the prisoners that Monsieur Deberville took hence for hostages in Aprill 1706 without an order from the King his master, I thought it my duty to acquaint your Lordship thereof, and to enfold to you enclosed that they may be lay'd before H.M. in Councill for tho' those poor gent. have now their liberty to walk with a souldier yett they ar still kept from their familys and estates to their own great loss and a severe charge to this Island. May therefore your Lordship compassionate their case and represent it to H.M., that some means may be effectually used for their discharge. Signed, Dan. Smith. Endorsed, Rd. 30th Aug. 1 p. Enclosed,
720. i. Lt. Governor Smith to the Governor of Martinique. Nevis, June 29, 1714. Demands release of the prisoners from Nevis in accordance with the 23rd Article of the Treaty of Peace, "I have sent up a sloop with money for the discharge of their debts," etc. Signed, Dan. Smith. Copy. 1 p.
720. ii. M.de la Malmaison to Lt. Governor Smith. Fort Royal, Martinique, July 10 (N.S.), 1714. Reply to preceding. I cannot release these hostages until I receive orders to do so from the King my master, following upon the decision of the Commissaries now sitting at Basle, etc. Signed, [S. de ?] Malmaison. French. 3 pp. [C.O. 184, 1. Nos. 30, 30 i., ii.]
July 15.
Barbados.
721. President Sharpe to Lord Bolingbroke. Encloses following and Minutes of Council and Assembly of Barbados. Signed, Wm. Sharpe. 1 p. Enclosed,
721. i. Capt. Coward's receipt for above papers. Signed, Edward Coward, July 15, 1714. 1 p.
721. ii. Copies of Acts of Barbados, July 6, 1714, (a) to pay public debt due to Dr. Patrick Home, (b) to John Sadlier. 4 pp. [C.O. 28, 38. Nos. 96, 96 i., ii.]
July 16.
Whitehall.
722. Mr. Popple to Mr. Attorney General. Presses for reply to June 10. [C.O. 324, 10. p. 48.]
July 16.
Whitehal.
723. Council of Trade and Plantations to the Queen. Quote Attorney General's opinion (June 8) upon Act of Jamaica for the relief of the inhabitants of Kingston. We find by the Minutes of Council of Jamaica, Feb. 17th last, that Council had been heard for and against the Bill, before the passing thereof. We have heard Sir Charles Orby against the Act and Col. Laws for it by their Council. We take leave to report to your Majesty, that some of the allegations mention'd in the Act have not been made out; particularly it did not appear to us, but that Sir W. Beeston had a right to dispose of the land between Harbour Street and the sea. That the freehold was never out of Sir W. Beeston, no conveyance to that purpose having been produced to us, that the proclamation does not extend to a disclaimor of Sir Willm's. title. And he having declined the agreement with Mr. Laws in behalf of the Government for 1,000l., and sold only particular lotts to private persons, it appears he had yet a good title to all that was not expressed in those several agreements. The persons building those houses and claiming under Sir William, were not molested in ten years, nor even when the hurrican had almost ruined them were they obstructed in the repairing them, nor is any compensation given them by the Act. Had Sir William had no right to build, these houses might have been pulled down by order of the courts of law on equity, but no suit hath ever been commenced concerning them. Neither hath it been proved to us, that the said houses are any detriment to the Town, convenient passages being left for the going to or coming from the sea. For which reasons we humbly offer that your Majesty be pleased to signify your disapprobation and disallowance of the said Act. [C.O. 138, 14. pp. 138–144.]
July 18.
Whitehall.
724. [Memorandum of a letter from] Mr. Popple to Col. Douglas and Col. Jory asking for their observations upon the XIth Article of the Treaty with France, in relation to Montserrat and Nevis. [C.O. 153, 12. p. 138.]
July 20.
Whitehal.
725. Council of Trade and Plantations to the Lord High Treasurer. Request payment of enclosed account of office expenses and salaries, Christmas, 1713—Midsummer, 1714. [C.O. 389, 37. pp. 75–78.]
July 20.
Virginia.
726. Lt. Governor Spotswood to the Council of Trade and Plantations. Acknowledges letter of 6th April "with the Treatys of Peace and Commerce which I have accordingly made publick. It is with great satisfaction that I can acquaint your Lordps. that this country enjoys a perfect Peace, and that even the Indians since the last Treaty made with them have not offered the least disturbance, notwithstanding the Tuscaruros induced thereto (as they say) by the people of Carolina, have departed from the agreement with this Government, and gone to settle once more in that Province. I continue still resolved to settle out our Tributary Indians as a guard to the frontiers; and in order to supply that part which was to have been covered by the Tuscaruros, I have placed there a number of Protestant Germans, built them a fort and furnish't it with two pieces of canon, and some ammunition which will awe the stragling partys of Northern Indians, and be a good barrier for all that part of the country. These Germans were invited hither some years ago by the Baron de Graffenried, who had H.M. letter to the Governor of Virginia to furnish them with land upon their arrival. They are generally such as have been imployed in their country as miners, and say they are satisfyed there are divers kinds of minerals in those upper parts of this country where they are settled, and even a good apperance of silver oar, but that 'tis impossible for any man to know whether those mines will turn to any account without digging some depth in the earth, a liberty I shall not give them untill I receive an answer to what I represented to your Lordps. concerning the ascertaining H.M. share, which I hope by your Lordps. interposition will be speedily signifyed." Refers to enclosures, "upon which I shall only give your Lordps. the trouble of one remark, that finding the Government of Carolina continuing to make surveys within and even beyond the contraverted bounds, and that on their encouragement great numbers of loose and disorderly people daily flock'd thither who would be restrained by no orders from trading with the Indians, I proposed to that Government the running both the lines in dispute, and removing all persons that had settled between those boundarys as being seated there without any lawfull authority: and because it would be most convenient that each Government should be at the expence of running that line next to its own inhabitants, I undertook the running that boundary next to Virginia which the Proprietors claimed, at the charge of this Government, provided they would be at the charge of running the other claim'd by H.M.; but tho' (in pursuance of the resolution of the Council in that matter 30th March last) I have already performed my part, the President of Carolina alledging for his excuse the expectation of a new Governor, did not think fitt to take any measures for performing theirs. I have since seen Mr. Eden who is appointed Governor of that Province, and find that he has no manner of Instruction from the Proprietors concerning the boundarys; and as to the proposal of marking out the Southern boundary, he has delayed giving me an answer, untill upon consultation with his Council he shall inform himself of the nature of that dispute. [If] he should likewise refuse, I have determined to run that line also as soon as the woods are practicable, and then to remove all the people seated within those contraverted bounds, which will be the most effectual way to bring that dispute to a speedy determination, it being now the interest of that Government to delay it, since by disposing of the land and recieving the quitt-rents they reap the same advantage, as if it were actually adjudged to be their property; and so unfair hath Mr. Moseley and the other Surveyors of that Province been that tho they pretend no further than a West line from the mouth of Nottoway River, yet upon marking out that line I find severall people seated even to the Northward of it who hold their lands by Carolina patents. It was but the beginning of last month that I received the new seal," etc. I have caused the former seal to be broke and send it by this conveyance; but as there are many things by particular Acts of Assembly appointed to pass under the seal of the Colony for which the fees are very inconsiderable, and are therefore writt on paper, to which this seal cannot be affixed without the danger of tearing off in a short time; it were to be wished that H.M. would be pleased to allow a lesser seal or signett, to be used for matters of small consequence, which would be less chargable to the Secretary that keeps it, and most proportioned to the present fees, which the people will very unwillingly be brought to increase. I here inclose the accompts of the Revenues of quitt-rents and 2s. per hogshead as they were made up last year, by which your Lordps. will observe how much the latter Revenue falls short of discharging the expence of the Government occasioned by the little encouragement there has been given for the exportation of tobacco; this year seems as little favourable to that Revenue, by the bad prospect of the cropps which a long continued drought for these three months has rendered very impoverishing hitherto. And if there should happen no rain in a week more there will be a great danger of a scarcity of corn, for which reason I have put a stop to the exportation thereof. Signed, A. Spotswood. Endorsed, Recd. 1st, Read 14th Sept., 1714. 3¾ pp. Enclosed,
726. i. Account of H.M. Revenue of quit-rent of Virginia, April 25, 1713–1714. Totals; Receipts 2,145l. 6s. 1½d. Expenditure, 1,289l. 11s. 0¼d. Endorsed as preceding. 1 p.
726. ii. Copy of Proclamation for publishing the Peace with Spain. Signed, A. Spotswood. Williamsburgh, June 16, 1714. Same endorsement. 1 p.
726. iii. Copy of Proclamation enlarging the liberty of taking up land on the Southern frontier of Virginia. Signed, A. Spotswood. Williamsburgh, June 16, 1714. Same endorsement. 1 p.
726. iv. Account of H.M. Revenue of 2s. per hhd. in Virginia, April 25, 1713–1714. Totals: Receipts 3,206l. 14s. 11¼d. Expenditure 4,651l. 11s. 1¾d. Same endorsement. 1 p. [C.O. 5, 1316. Nos. 111, 111, i.–iv.; and (without enclosures) 5, 1364. pp. 58–65; and (duplicates of ii., iii.), 5, 1341. Nos. 21, i., ii.]
July 22.
Whitehall.
727. Lord Bolingbroke to the Council of Trade and Plantations. H.M. having thought fit to direct the Gentlemen appointed to treat with the Commissarys of France, to prepare themselves forthwith to discuss with the latter, the several points referred to Commissarys by the XIth Article of the Treaty of Peace with the most Christian King, and also to negotiate and agree with them the manner of settling those matters which are by the Xth and XVth Articles to be discuss'd by Commissarys and which seem necessary to be adjusted in America, you are to consider these heads of business and prepare such Instructions for the abovemention'd Gentlemen, as you shall judge proper for their guidance in the negotiation of them. Your Lordps. will likewise please to inform the merchts. and partys concern'd in the aforesaid Articles of the steps wch. are taken for adjusting their interests. Signed, Bolingbroke. Endorsed, Recd. 23rd, Read 28th July, 1714. 1½ pp. [C.O. 388, 17. No. 34; and 389, 24. p. 323.]
July 22.728. Mr. Attorney General to the Council of Trade and Plantations. Reply to June 10th. I do most humbly certifie to your Ldps. that as to such [temporary] laws, which are made in H.M. Plantations, not granted in property to any subject, the mischeif complained of, may be prevented by H.M. Instructions to Her Governors thereof. And there is already among the Instructions a full Instruction for that purpose, and therefore all that I conceive necessary to be further done as to them is to require a due observance of that Instruction by H.M. Governors. As to laws to be made in the Proprietary Plantations, I am of opinion that mischeif cannot be remedied there, but by Act of Parliament of Great Britain, for that the Proprietors thereof have a right vested in them, of the power of making laws granted by their charters, and are not, nor can now be put under any other restraint or regulation than such as are contained in their respective Charters, but by Act of Parliament. As to Pensylvania, directions were given for perfecting the agreement with Mr. Penn, and for preparing an Act of Parliament to supply his incapacity, and to alter the method complained of as to temporary laws, and the time limited for transmitting and approving laws made there, but during the last session of Parliament, a Bill for that purpose could not be settled, in regard of some differences between the mortgagees and Family of Mr. Penn. I observe that there is not any obligation by Charter to return the laws made in the Proprietary Plantations of Connecticut and Rhode Island for H.M. approbation, and therefore there will also want an Act of Parliament to oblige them to transmitt their laws and to have them submitted to H.M. approbation. Signed, Edw. Northey. Endorsed, Recd. 23rd July, Read 27th Aug. 1714. 2 pp. Enclosed,
728. i. Copy of the clauses of H.M. Commission to Governors, empowering them to pass laws. 3½ pp.
728. ii. (a) Extract of Mr. Penn's Patent relating to the passing laws in Pennsylvania, and transmitting them for H.M. approbation or disallowance. (b) Extract of the Charter of the Governor and Company of Connecticut relating to the passing of laws. (c) Extract of the Charter of the Governor and Company of Rhode Island relating to the passing of laws. The whole 3⅓ pp.
728. iii. Extract of the Charter of the Massachusetts Bay relating to the passing of laws and transmitting them hither for H.M. approbation or disallowance. 2¾ pp.
728. iv. Duplicate of Representation Jan. 15, 17 13/14. [C.O. 323, 7. Nos. 35, 35 i.–iv.; and (without enclosures) 324, 10. pp. 58–60.]
July 22.729. Mr. Attorney General to the Council of Trade and Plantations. Reply to July 18, 1713. I am of opinion the Acts of Jamaica for regulating fowling and fishing; for better securing the estates of orphans etc.; and for preserving the public records, etc., may be proper for H.M. confirmation. And as to the Act to incourage white men to settle, etc., I am of opinion it is a beneficial law to that Island, and there does not seem to be any objection against any part thereof, except the latter part wherein it is taken notice of, that goods, wares, and merchandizes are frequently purloyned stoln and embezelled by persons that ply in sloops, canoos, and boats, that carry the same for hire etc., for prevention whereof, it is enacted, that any person thinking himself aggreived or any one in his behalf may on application to any Justice of Peace have a warrant for any person belonging to any such boat or wharfe where goods are suspected to be purloyned, to bring them before a magistrate, and there to oblige them to swear what goods, and how much were so purloyned, stoln or embezelled, and if he shall refuse to take such oath, he is to forfeit 20l., and if he be convicted by such confession on oath, he is to forfeit double the value of the goods so purloyned etc., which seems contrary to natural justice to oblige a man to answer upon oath to accuse himself of a crime. And if the subsequent clause hereafter mentioned were not in the Act, for this reason, the Act would not be fit to be confirmed. But in regard there is a clause by which it is provided, that such confession on oath, shall not be given in evidence to charge any person with felony, or in any action at law, or in any other matter, than to make such person liable to such forfeiture, I think that Act may be fit to be approved by H.M. And as to the Act, to prevent hawking and disposing of goods clandestinely, I am of opinion that law is fit to be rejected, for it prohibits the selling in open market any sort or sorts of goods whatsoever, other than plantation provisions, fresh fish, and live stock, whereby markets wherein it is lawfull to sell other sorts of goods and wares, which may lawfully be and are usually sold in markets are in a manner destroyed, And it is not within the mischeif designed to be remedied by that Act which was hawking and selling from place to place; And for that all persons are thereby prohibited within 10 miles of any town in that Island to buy up to sell again any manner of plantation provisions or live stocks whatsoever, which is not reasonable. And for that the inhabitants of a particular parish, to wit, the parish of Vere in that Island are restrained from supplying any other place or parish with any small stock, vizt., hoggs, turkies, ducks, and dunghill fowl, but what the seller raises himself, which is unreasonable, to distinguish them from other parts of the Island. And as to the Act, declaring what persons shall be qualified to sit in Assemblies, whereby it is enacted that no person shall be capable of being elected a member of the Assembly, that has not in his own right, or in right of his wife, a sufficient freehold in lands or houses of 200l. per ann., or that hath not on his freehold, which shall consist of 300 acres at least, some sugar work, indigo, cotton or ginger work, or some other plantation of penn of cattle, with at least 50 of his own slaves on such plantation, for which he pays tax, I am of opinion that this law is not fit to be confirmed in regard that as the Assemblys subsist by H.M. Commission, and powers therein granted to the Governor of that Island, the qualifications of the Assembly men, and also of their electors may be regulated in like manner by H.M., as she shall think fit, and I apprehend also that the requiring 200l. per annum to be the qualification for an Assembly man in that Island, is too much. And as to the Act to disinable any member of the Council or of the Assembly from acting as Commissioner for receiving any publick money raised or to be raised by the Governor, Council and Assembly, and as to disinable any such Commissioner to be a Member of the Council, or of the present or any future Assembly of this Island, whereby the Members of the Council, and the Members of the Assembly are disabled to be Commissioners for any publick money, to be raised by any act of Assembly past, or hereafter to be past, not being sufficiently informed of the moneys payable by virtue of Acts already past, and the methods of collecting the same, I cannot give any opinion of the conveniency or inconveniency of this law. But if the Collectors thereof or Commissioners for the same, are to be appointed by H.M. direction or by Her Governor, this matter, if H.M. shall see reason, may be done by H.M. Instructions to her Governor, and therefore there will be no reason for H.M. to be restrained, as by this Act is proposed. Signed, Edw. Northey. Endorsed, Recd. 23rd July, 1714, Read 26th Sept. 1717. 3¾ pp. Enclosed,
729. i. Duplicate of July 18th, 1713. [C.O. 137, 12. Nos. 63, 63 i.; and (without enclosure), 138, 15. pp. 301–307.]
July 23.730. Mr. Popple to Mr. Carkesse. Desires to know whether the Commissioners of Customs have any account of the affair of the Sorlings at Martinico (v. July 10th), and to have copies of Instructions given to Naval officers in Barbados and the adjacent islands for preventing clandestin and illegal trade. Similar letter to Mr. Burchett, Secretary of the Admiralty. [C.O. 389, 24. p. 319.]
July 23.
Boston.
731. Governor Nicholson to Lord Bolingbroke. Refers to letter of April 23. I was then in hopes to have gone very soon after to Annapolis Royal, but the great difficulties I mett with in examining and stating Col. Samuel Vetch's accounts, and my being very ill, was the reason of my stay here so long, but I hope God willing in a day or two to goe thither, and from thence to Placentia, from which places I shall endeavour according to my duty to give your Lordp. a true account [of] affairs. By this oppertunity I transmit to the Rt. Honble. the Board of Ordnance, and Mr. Auditor Harley, some accounts of Coll. Vetch's, concerning the Ordnance etc., in which I am humbly of opinion that he hath wrong'd H.M. in those accounts and I think he hath done the same in all others I have not yett been able to examine into, but find I can't be able fully to examine, and state his whole accounts till I have been at Annapolis Royal. There hath been sent hither, and industriously spread, false, scandelous and mallicious pamphlets etc., but I have endeavoured what in me lies to hinder their taking the ill effect, which I suppose was designed by their being sent, and one measure I have taken, was to have printed from time to time, all the good news I could meet with the last of which I herewith humbly transmitt to your Lordp. and I have sent some of them to the several Governors on the Continent, as also to Bermudas, and Newfoundland, and I most humbly propose to your Lordp. that there may be sent to all H.M. Governors, on the Continent, and others, some of the best books, or otherwise, that are writt in defence of H.M., and the present Ministry, and that the Governors be obliged to dispense them and where there are presses, to have a number of them printed, etc. Signed, Fr. Nicholson. 2 pp. [C.O. 5, 752. No. 5.]
July 27.732. Mr. Popple to Mr. Burchett and Mr. Carkesse. Presses for replies to July 23. [C.O. 389, 24. p. 320.]
July 27.
Admiralty Office.
733. Mr. Burchett to Mr. Popple. Reply to July23. The Lords Commissioners of the Admiralty have no other account of the matter (H.M.S. Sorlings). By the 40th Article of the printed Instructions to the Captains of H.M. ships they are expressly restrained from taking any merchandize on board them. As for the Instructions wch. Capt. Vanbrough receiv'd from the Lords of the Admiralty for proceeding to, and attending on New York, I send you herewith a copy of that paragraph in those Instructions, by wch. in the winter season he is order'd to convoy our trade to Barbadoes and the Leeward Islands, but even in the doing thereof as well as in all other respects, he is required to follow the orders of the Govr. of New York, and if he has sent the ship to the French Islds. so as to give her Commander an opportunity of trading there (contrary to his Instructions) or of countenancing merchant vessels in the doing thereof, it is without the privity or knowledge of my Lords of the Admiralty, nor have their Lordps. received any account from Capt. Vanbrugh himself or any other person, relating to this affair. Signed, J. Burchett. Endorsed, Recd. 28th, Read 29th July, 1714. 2 pp. Enclosed,
733. i. Copy of 40th Article of Instructions to Captains of H.M. ships. No officer of any of H.M. ships shall carry on board any of H.M. ships any kind of merchandize, etc. 1 p.
733. ii. Extract of Instructions to Capt. Vanbrugh, H.M.S. Sorlings. You are to convoy merchant ships in the winter from New York to Barbados etc. and protect the trade of H.M. subjects as you shall receive orders from the Governor of New York, etc. ¾p. [C.O. 388, 17. Nos. 36, 36 i., ii.; and (without enclosures) 389, 24. pp. 326, 327.]
July 27.734. Sir John Colleton, one of the true and absolute Lords Proprietors of Carolina, to Nicholas Trot. Appoints him his deputy to represent him in the General Assembly of South Carolina. Signed, J. Colleton. [C.O. 5, 290. p. 74.]
July 28.
Custom ho.
735. Mr. Carkesse to Mr. Popple. Reply to July 23. Encloses following papers from Mr. Lane "who acts for the Collector of Barbados, etc. by which it appears that Capt. Vanbrugh brought some wine and brandy from Martinico to Barbados, and that the same were seiz'd and condemn'd by the officers of the Customs there. But the Commissioners (of Customs) have received no account of the illegal proceedings from the Naval Officer, neither has he any Instructions from them," etc. Continues:—Upon this occasion I am to enclose you the Memorial of the said Lane to Governor Lowther, with several affidavits and extracts of two letters from Mr. Helden who acted for the Surveyor Genl. relating to the opposition given him by Col. Maycock Treasurer of the Island, particularly in the seizing two hogsheads of wine imported from Martinico contrary to the Acts of Trade and Navigation, and the Commissioners desire their Lordships would please to be a means that the officers of the Customs may have the assistance of the Governor, Treasurer and other officers of the Island in putting the laws of Trade and Navigation in force in the said Island in the performance of their duty for the future. Signed, Cha. Carkesse. Endorsed, Recd. 28th, Read 29th July, 1714. 1¼ pp.Enclosed,
735. i. Instructions of Edwd. Perrie, Surveyor General of Barbados and the Leeward Islands. Copy. 6½ pp.
735. ii. Deposition of William Gordon, rector of St. George's. Barbados, Feb. 1, 1713. The Treasurer of the Island, Tho. Maycock, granted deponent a licence to land a hogshead of clarett from Martinique upon paying the country duty. John Lane, Depty. Collector, seized it and another for the Queen. But Alexander Forester, a liquor officer who had endorsed the Treasurer's permit, prevented him, etc. Signed, W. Gordon. 1 p.
735. iii. Extracts of letters from John Helden, Deputy Surveyor General of Barbados and the Leeward Islands. Barbados, March 10, 1713, and St. Kitts, April 14, 1714. Governor Lowther encourages the Treasurer of Barbados in granting permitts daily to land wine and brandy from Martinique, and does nothing to support Mr. Lane or his officers in doing their duty. The Attorney General and magistrates delay Mr. Lane, so that he cannot obtain a writ to take up the offenders. They fear to disoblige the Governor, who is the Treasurer's particular friend. The Governor promised me to determine the matter, but does nothing, etc. 1¾ pp.
735. iv. Deposition of Richard Kennedy, Edward Rundell, and William Maxwell, Custom-house Watermen. Barbados, Jan. 28, 1713. Corroborate No. 1. Signed, Richard Kennedy, Edward Rundell, William Maxwell. Endorsed, Recd. 26th June, 1714, in Mr. Lane's letter, April 27, 1714. Copy. 1½ pp.
735. v. Deposition of John Sharpe, Custom-house Searcher. Barbados, Jan. 28, 1713. Confirms No. 1. Signed, John Sharpe. Endorsed as preceding. Copy. 1¼ pp.
735. vi. Deposition of John Hinton, Custom-house Waiter. Barbados, Jan. 27, 1713. Confirms No. 1. Signed, John Hinton. Endorsed as preceding. Copy. 1 p. [C.O. 388, 17. Nos. 35, 35 i.-vi.; and (without enclosures) 389, 24. pp. 328, 329.]
July 28.
Whitehall.
736. Mr. Popple to William Potter, Secretary of the Hudson's Bay Company. H.M. having directed the Council of Trade and Plantations to prepare Instructions for Her Commissarys who are to discuss with those of France upon the Xth and XIth Articles of the Treaty of Peace, they send you a copy of the said Articles, and desire the Hudsons Bay Company to bring them on Tuesday next in writing what they have to offer on the said Article.
The like letter was writ to Mr. Dummer, Col. Vetch, Col. Lodwick, with the Xth and XVth Articles, as also to Col. Douglas, Col. Jory, Genl. Hamilton, Sr. John St. Leger, and Mr. Pery, Secy. to the African Company, with the XIth Article. [C.O. 389, 24. p. 324.]
July 30.
Whitehall.
737. Council of Trade and Plantations to Lord Bolingbroke. Reply to July 10. Refer to correspondence July 23–28th. Continue:—By the 5th and 6th Articles of the Treaty of Peace and Neutrality in America concluded between France and England the 6/16th day of Nov. 1686, the subjects inhabitants etc. of each Kingdom are prohibited to trade and fish in all places possess'd, or which shall be possess'd by the other, in America; and that if any ship shall be found trading contrary to the sáid Treaty, upon due proof shall be confiscated. But in case the subjects of either King shall be forc'd by stress of weather, enemies or other necessity into the ports of the other in America, they shall be treated with humanity and kindness; and may provide themselves with victuals and other things necessary for their sustenance and reparation of their ships at reasonable rates. Provided they do not break bulk, nor carry any goods out of their ships, exposing them to sale nor receive any merchandize on board under the penalty of confiscation of ship and goods. Quote Capt. Vanbrugh's Instructions (v. July 27th). It does not appear to us that he had any direction from the Governor of New York (whose orders he was to follow) to go upon any account to Martinico. By the papers we have receiv'd from the Custom-house we find that there has been illegal trade carry'd on between Barbadoes and Martinico and particularly that Capt. Vanbrugh brought some wine and brandy from Martinico to Barbadoes, which were seiz'd and condemn'd by the officers of the Customs there. Upon this occasion we beg leave to take notice to your Lordship of the opposition given by Col. Maycock, Treasurer of the Island and others, to the officers of the Customs in the execution of their duty. Refer to No. 735. Upon the whole we are humbly of opinion, that the Captains of H.M. ships ought not to receive on board any merchandize of what kind soever nor ought they according to the abovementioned Treaty, either to trade themselves, or to protect other ships trading to any of the French settlements in America, nor the French be allow'd to trade to ours. Enclosed,
737. i. Copy of No. 735 iii. [C.O. 389, 24. pp. 331–334 (covering letter only); and (enclosure only) 28, 38. No. 97.]