America and West Indies
March 1716, 1-14

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Institute of Historical Research

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Cecil Headlam (editor)

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1930

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28-49

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'America and West Indies: March 1716, 1-14', Calendar of State Papers Colonial, America and West Indies, Volume 29: 1716-1717 (1930), pp. 28-49. URL: http://www.british-history.ac.uk/report.aspx?compid=73986 Date accessed: 27 November 2014.


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Contents

March 1716, 1-14

March 1.
Whitehall.
66. Mr. Secretary Stanhope to the Council of Trade and Plantations. Encloses following for their report. Signed, James Stanhope. Endorsed, Received 5th, Read 6th March, 1715/16. ½ p. Enclosed,
66. i. List of stores wanting in Nevis, Sept. 6, 1715. 1 p.
66. ii. Address of the Lieutenant Governor, Council and Assembly of Nevis to the King. We your Majesty's most dutiful and loyal subjects having by sad experience found this Island not tenable in time of war without an inland fortification, have therefore thought it our duty and interest to set apart a small hill in this Island to be well fortifyed, in order to which, we have by an Act for raising and making a fortification on Saddle-hill (which in short time will be humbly offered for your Majesties Royal assent) bought some lands on and near said hill for your Majesties use. But in regard the devastation made by the French in 1706, hath rendred us most unable of ourselves to go on with so great and good a work, the more for that no ingineer is here on any terms to be hired to lay out proper ground for walls, retrenchments or platforms etc. or to direct in prosecution thereof; therefore we do in most humble manner become your Majesties most humble supplicants for an ingineer, and for stores and other materials proper for our old Forts near the sea, and for finiting such a fortification that may be tenable in any future war. Enclose list of what is deemed necessary for the purpose etc. Signed, Dan. Smith, Richd. Abbott, Jas. Bevon, Aza. Pinney, Lawce. Brodbelt, Jno. Richardson, Mich. Smith; Rogr. Pemberton, Speaker, Ja. Symonds, Michl. Williams, Chas. Bridgwater, Tho. Washington, Saml. Gardner, Josiah Webbe, Rich. Brodbelt, John Dasent, Geo. Meriwether, Jas. Emra, Wm. Maynard. Endorsed as preceding. 1 large p.
66. iii. Account of money remitted to the hostages at Martinique by Nevis 1707—Sept., 1715. Total, £2576 8s. 6¾d. 1 p.
66. iv. Address of the Lt. Governor, Council and Assembly of Nevis to the King, in answer to the Address of Thomas Abbott and Charles Earle (v. April 20, 1715). M. D'Iberville in April, 1706, pitched upon Thomas Abbott, Joseph Stanley, Philip Dewitt and Charles Earle as hostages, as well for the returning so many French prisoners as the inhabitants of Nevis amounted to in number, as for the payment of 1400 negroes or £42,000 Nevis money. Representers deny that those gentlemen were to be relieved every three or four months. If such promise had been made, it could not be performed, being contrary to the laws of England, that will not permit any Englishman to be carried off against his will. Refer to account of money and goods sent (No. iii.). Their close confinement was occasioned sometimes by a report of an English Fleet coming, sometimes by a report they intended to make their escape, and sometimes by a report raised (perhaps by themselves) that this Island intended to supply them no longer, etc. Representers are sensible and always have been their condition is deplorable and unalterable because they did not think fit to escape with the other two, and because 'tis not in the power of Representers to alter it other than by direction of the King's Majesty after the Commissaries of both Nations have met and settled these affairs etc. Pray H.M. that means may be taken for their speedy enlargement, which will be to the joy of Representers notwithstanding they have been by the Addressers reflected on with uncommon unjust aspersions etc. Signed, as No. ii. with addition of Robrt. Eleis to the Councillors.
66. v. Address of the Lt. Governor, Council and Assembly of Nevis to the King. We your Majesties most dutiful and loyal subjects being advised that the Commissaries of both Nations have not yet met, pursuant to the XIth Article of Peace, do most humbly lay before your Majesty the Articles of Capitulation made by Monsieur D'Iberville 1706, and therewith the oaths of the inhabitants living that could best remember and did know and feel French insolence and their cruel usage of prisoners of war, whereby it will appear they broke the Capitulation soon after it was made, by making the inhabitants close prisoners without food, after good quarters were granted, by destroying our records and papers after promise they should be deliver'd us, and by not delivering any of the officers any negroes at all. By the said oaths 'twill also appear D'Iberville did force the inhabitants to sign a second agreement (C.S.P. 1706, No. 357 v.) for 1400 negroes (after he had taken off 3200) or £42,000 money to be paid at Martinique, and that though by said second agreement no more negroes, coppers, stills, and horses, were to be carried off, nor any other merchandize, nor any horses to be kill'd, or any houses burnt, yet in breach of sd. agreement wrested from us, houses were burnt, negroes, coppers, stills and horses were carried off, and much merchandize, from Charles Town, and horses were killed. Pray H.M. to countenance their cause with the Commissaries, that they may not be ruin'd by the payment of such a vast sum. Signed as preceding. 1 large p.
66. vi. Copy of Articles of Capitulation of Nevis. v. C.S.P. 1706, No. 357 iii.
66. vii. Deposition of Azariah Pinney, mercht. Charlestown, Nov. 17, 1713. Before the contract for 1400 negroes or £42,000 was signed by a majority of the inhabitants, the Captain of a French man of war broke into his room at night, where he lay sick, and by dint of threats of carrying him away to his ship, in spite of his illness, compelled him to sign the said agreement. The enemie carried on board horses, negroes, paving stones, boards, barrels of nails and other goods to a great value after the contract was signed. Signed, Aza. Pinney. 1½ pp.
66. viii. Deposition of Samuel Browne, mercht. Charleston, 12th Nov., 1713. In spite of his illness, a French officer with two files of soldiers forced him and Thomas Minor to go to the General's house and there sign the Treaty, under threats of being carried to France. A day or two before they left, some French men siezed a negro woman belonging to John Higgins, and the day they left they carried off several negroes, etc. Signed, Samuel Browne. 1¾ pp.
66. ix. Deposition of Robt. Eleis. Charlestown, 17th Nov., 1713. Deponent's house and many others were burnt about a fortnight after the articles of surrender were signed, also the most part of Charles Towne. When they refused to sign the second Articles, deponent was put on board a French ship and threats made of carrying him to the Havanna amongst the Spaniards. After the signing the last forced Articles there was many negroes, horses etc. put on board the French Fleet etc. Corroborates preceding. Signed, Robt. Eleis. 1¾ pp.
66. x. Deposition of Jacob Williams, 12th Sept., 1715. Deponent was forced to sign in the same manner as preceding. The day the French left, he saw them take off three negroes belonging to Coll. Daniel Smith. Signed, Jacob Williams. 1 p.
66. xi. Deposition of James Milliken, 12th Sept., 1715. When the Articles of Capitulation were produced in the Dodan, objection was made to the article by which they would have us bring in all our negroes, because it was not in our power as they were then in the woods. The French officer by his interpreter told us that the Generall did not expect anything of us but what was in our power. Capt. Dunbar took the Articles and wrote the same words in the margent against the said Article, etc. Confirms preceding. Deponent's property was burnt after the signing of the second agreement. Signed, James Milliken. 1½ pp.
66. xii. Deposition of John Thornton. Nevis, 12th Sept., 1715. After prolonged refusal, deponent was forced to sign with the rest. The magazine and gate-house of Charles Fort were fired, and the Fort blowen up the day after the date of the said Articles, etc. Next day (April 10th) French troops passed deponent's house, and declared that they were taking with them the wives of those who would not come in to sign etc. Signed, Jon. Thornton. Nos. iii.–xii. endorsed as covering letter. 2 pp.
66. xiii. Deposition of Richard Abbott. Repeats parts of C.S.P. 1706. No. 357 ii.; and confirms preceding. Signed, Rd. Abbott. 2¾ pp.
66. xiv. Copy of C.S.P. 1706. No. 357 iv.
66. xv. Copy of C.S.P. 1706, No. 357 ii.
66. xvi. Deposition of James Bevon. Charlestown, 17th Nov., 1713. On 10th April, 1706, the day Mr. D'Iverville left, deponent shewed him a canoe-load of negroes being taken on board, and told him he could not expect to be paid the 1400 negroes or £42,000 since he suffered his people to carry off the negroes and horses. D'Ibverville replied very passionately, stamping his foot on the floor etc. Deponent was forced to sign, after prolonged refusal etc. as preceding. Signed, James Bevon. 1 p. [C.O. 152, 10. Nos. 82, 82 i.–xvi.; and (without enclosures) 153, 12. p. 380.]
March 1.
Whitehall.
67. Mr. Secretary Stanhope to the Council of Trade and Plantations. Encloses following for their report, "how far H.M. can comply with what is desired, and how far it may be for his service that he should, and I must desire you to give all possible dispatch to your report," etc. Signed, James Stanhope. Endorsed, Recd. 5th, Read 6th March, 1715/16. 1 p. Enclosed,
67. i. Directors of the South Sea Company to Mr. Secretary Stanhope. South Sea House, Feb. 28, 1715 (=1716). The Assembly of Jamaica has voted the imposing a duty of 40s. pr. head on all negroes that shall be thence exported to the Spanish coast, which would be a heavy charge on the negroes, which this Compa. had ordered from Africa to that Island, there to refresh, and thence to be transported to the Spanish Ports, etc. If continued, it will in effect be a prohibition of those ports to the Compa., and the mutual advantages at present ariseing to that Island, and the Company be entirely frustrated. For the Company will be necessitated to proceed directly from Africa to the Spanish Ports etc. Pray H.M. to disannul the said Act, and that the Company be exempted from duties on negroes purchased in Jamaica for export etc. Signed, by order of the Directors, Ja. Bateman, Sub. Govr., Sam. Shepheard, Depty. 2 pp.
67. ii. Memorial of John Morris and Edward Pratter, Factors to the South Sea and Assiento Company, to the Assembly of Jamaica, Dec. 1st, 1715. In pursuance of their contract for supplying negroes to the Spanish West Indies, the Company employ 20 ships and have settled their Factory in Jamaica, for the refreshment and distribution of negroes to the Spanish Ports, to the great advantage of this Island. Unless they are exempted from the export duty, the Company may be obliged to direct their shipping and effects other ways, etc. Signed, John Morris, Edward Pratter. Copy. 2 pp. [C.O. 137, 11. Nos. 6, 6 i., ii.; and 138, 14. pp. 365–371.]
March 1.
Antigua.
68. Governor Hamilton to the Council of Trade and Plantations. This being the first oppurtunity that has offer'd since my coming to these parts, I take this occasion to acquaint your Lordships that I arrived the 7th of the last month where after publication of my Commission I immediately qualified myself for the execution of my trust, by taking the oaths etc., since when I have had several meetings with the Council and Assembly to whom I recommended such particulars as I conceived most immediately for H.M. service and the publick good, and in particular the providing a remedy to supply the defects in their laws for the recovery of debts, the making provision for the defence of the Island, the laying aside all party heats and animosities and sacrificing all resentments of that nature to their duty to H.M. and their country. The which they received with great expressions of duty, and they are preparing a bill for the former and a tax for the other and payments of the publick debts, of both which I hope by the next oppertunity to give a good account. I cannot yet inform your Lordships when I shall be able to visit the other parts of my Government for Capt. Soanes, Commander of H.M.S. the Sea-horse which is appointed to attend these Islands, has not been at any of them since my arrival here, nor do I know when to expect him, he being now to Windward as I am informed, but the occasion thereof is to me at present unknown and untill I have the oppertunity of going in him or some other of H.M. ships I do not think it adviseable to go from hence except upon an extraordinary occasion not knowing but that I may be intercepted by the pirates should I go in a sloop or other small vessell it being not very long since there was a pretty large pirate and two small ones in these seas, who may still be here tho we have not the good fortune to know thereof, which I hope will sufficiently excuse me from visiting the other Islands untill the man of war returns unless in case of urgent necessity which whenever there is, your Lordships may depend that no danger or hazard shall ever deter me from endeavouring to do my duty. According to your Lordships' directions I have sent to the Governours of Anguilla and Spanish Town to gett me an exact account of all the Virgin Islands etc. and as soon as I receive the same I shall transmitt it to your Lordships. P.S. 6th March. Since the foregoing the man of warr is arrived but will be of little service. Refers to enclosure. I therefore beg your Lordships will represent this matter to H.M. and to the Lords of the Admiralty that if not already done another ship may be sent to attend this station without which H.M. service must suffer, and that it be at least a fifth rated ship, for such a small one as the Sea-horse now on this Station would have done little good against the great pirate that was in these seas, she being as I am informed, a ship of 36 guns. I have had the Surveyour with me who has run out a great part of the former French ground at St. Christophers, who informs me that the whole land to the best of his judgement will not amount to above 15,000 acres of manureable land if it hold out that, which I thought it my duty to inform your Lordships of and remain, may it please your Lordships, Your Lordships' most dutifull and most obedient servant. Signed, W. Hamilton. Endorsed, Recd. 19th May, Read 14th June, 1716. 3½ pp. Enclosed,
68. i. Capt. Soanes to Governor Hamilton. Seahorse in St. John's Road, Antigua, 3rd March, 1715/16. The ship's bottom is so very much eaten and decay'd with the worm, that I propose to put her into the best capacity I can and proceed to Great Britain 7th of April according to my Instructions etc. Signed, Jos. Soanes. Same endorsement. Copy. 1 p. [C.O. 152, 11. Nos. 5, 5 i.; and (without enclosure) 153, 12. pp. 397–401.]
March 2.
Whitehall.
69. Council of Trade and Plantations to Mr. Secretary Stanhope. Reply to Jan. 26th. We have considered the importance of gathering salt at the Isle of May, wherein 90 ships were imploy'd last year, besides 22 at Bonavista, as appears by the inclosed abstract of an account we have received from Capt. Maine, Commander of one of H.M. ships imployed there. We are of opinion, that not only for the protection of this trade against pirates, but for the better regulation thereof, one of H.M. small ships of war be annually sent thither in the beginning of the season with proper Instructions, etc. Annexed,
69. i. Abstract of (90) ships loading salt at the Isle of May, 1715. [C.O. 218, 1. pp. 293, 294.]
March 2.
Whitehall.
70. Council of Trade and Plantations to Mr. Secretary Stanhope. Reply to Oct. 13, 1715. Enclose following to be laid before H.M.
70. i. Council of Trade and Plantations to the King. We have made diligent enquiry into the management of the Newfoundland Fishery and Trade, by writing to the sevl. out ports and discoursing with persons here, who were lately come from thence. We find there are several abuses committed in breach of the Act of the 10th and 11th K. William, and sevl. practices introduc'd detrimental to that advantagious trade; which we humbly conceive proceed from the want of penaltys, and of some further provisions in the said Act, and having consulted your Majesty's Attorney General etc., concur in opinion with him, that it is necessary a new law be made, laying proper penaltys, and directing how and where the same shall be recover'd. Quote Capt. Kempthorn (C.S.P., 1715, No. 646 ii.) that the Fishing Admirals are not sufficiently enabled to make their determinations take place before the arrival of a Commodore, that they often neglect to make use of their power, or scandalously abuse it, by the partiality of their determinations, and that there wants a power to inforce the determinations of the Commodores upon appeals or otherwise, more especially in those harbours that are at a distance from the place where the Commodore has his station. These particulars, we conceive may be remedy'd by proper penaltys and provisions if your Majesty shall be pleas'd to recommend it to the Legislature. As most of the disputes wch. happen betwixt the fishing ships and inhabitants are in relation to the stages, cook rooms, etc., we further humbly propose that the Commodore of your Majesty's ships be directed to summon the Fishing Admirals, the masters of the Fishing ships and inhabitants in every harbour, to meet together, and upon a survey of the stages, cook rooms, beeches, etc., to ascertain under their hands, what part thereof belongs to the public uses of the fishing ships, and what part to any other persons, according to the present Act; the draughts whereof to be transmitted hither, and published by authority, which for ever after may be a rule to determine the right of the Fishermen and of the Planters to the sd. beeches, etc. And whereas the want of a proper person to maintain order in the winter, is another occasion of great abuses; for that season is a sort of respite from all observance of law or government; theft, murder, rapes, etc., being committed without controul, we humbly offer that proper persons be appointed to be Judges of ye Harbours, to decide all differences in the winter, during the absence of the Commodore and Fishing Admirals; and in order thereunto, that the said fishing Admirals do convene the inhabitants of each respective harbour, one day in the last week of July, to choose by the plurality of votes two proper persons among the planters, the one to be magistrate in that harbour and places adjacent, and the other to succeed him in case of his death, before the ensuing election, that the lesser harbours and creeks be annex'd to some of the greater the most contiguous, that they may assist in the election of magistrates, and repair thither for justice in time of need or the proper Court days; that the magistrate so elected be vested with proper powers and oblig'd to hold a Court once a month in winter, for preserving the peace and determining all differences between the inhabitants, and that an appeal be allow'd from his sentence to the next Commodore. Whereas the New England ships bring great quantitys of rum and tobacco, which they retail, and several British ships go directly from Lisbon and other foreign parts to fish at Newfoundland, and carry with them great quantitys of wine, brandy, salt, sugar, oil and other European goods, to the great prejudice of that trade with Great Britain; and the masters of those ships knowing the necessity the planters lie under for salt, oblige them to take with ev'ry 10 hhds. of salt one but of wine and one quarter-cask of brandy, wch. together amounts to near ¾ of the value of the fish, which such salt will cure, whereby the planters become so far in debt to them, that they in an arbitrary manner seize their fish and tackle, without due respect to their just value. Wherefore we humbly offer that none of your Majesty's subjects be permitted at any time after the — day of — to fish with their ships, in any of the harbours in Newfoundland, or to come with their goods there, but such as shall have victuall'd or clear'd out of some Custom House in Great Britain, or in the Islands of Guernsey or Jersey; that every time any ship comes there, the master be obliged to produce to the Admiral of the Harbour a certificate from some Custom-house, as aforesd., of his having been victuall'd and clear'd accordingly, as also another certificate that one of his owners at least hath made oath that the cargo and the fishing voyage, is for the account of your Majesty's subjects only; and that the said Admiral do produce the like certificates to the Commodore in his own behalf; copys of which to be return'd hither, as by the present Act is directed. That no wine or brandy be allow'd to be imported into any part of the British Settlements in Newfoundland (except of the growth of the Western Islands in ships clearing out of this Kingdom) but what shall be first landed in Great Britain, to be prov'd by a certificate as aforesd. from some Custom House here, which certificate the master of the ship importing such wine or brandy, shall be oblig'd to deliver as above, in — days after his arrival there. That no tobacco be imported into Newfoundland, but from this Kingdom, with the allowance of ye drawback, and that none be permitted to be sold there, till the masters importing the same, produce certificates as aforesaid, of its having been shipp'd off here. That no rum, sugar and melosses be imported there, but what is brought from Great Britain, or directly in the same bottom from Jamaica, Barbados, or the Leeward Islands, without putting into any other places, cases of necessity excepted. That no person be permitted to keep a publick house, or to retail any strong liquors there, but such as have a license from the Commodore, or in his absence from the Magistrate of the Harbour, and who have been fishermen and passed their labour; such license to be forfeited, if they sell any strong liquors by retail on Sundays, or during the fishing season; the great decay of the Fishery being generally ascrib'd to the disorders that arise from drunkeness, to which that people are very much addicted. That no debts contracted in Newfoundland, shall be esteem'd good, but what shall have at first been settled before the Commodore, any of the Admirals of Harbours, or the abovementioned magistrate, and the payment of such debts to be in fish at the market price, at the time of payment. A further obstruction to this trade, we find to be occasion'd by the New England factors, who remain there in the winter, and are, as it has been represented to us, the occasion of the riots and disorders there, which we humbly take leave to explain as follows. The planters having their fish and tackle seized by the masters of ships as aforesaid, are not able to pay their servants, who therefore quit them, and the said factors, who remain there, on pretence of getting in their debts, by their intolerable exactions in their retailing of liquors in the winter, not only increase the debts, but cause many of the inhabitants to leave the Island; besides, we are assured, they entice the said servants into their debts, and then sell them to the New England sloops, which practice has not only ruin'd many of the planters, but has also made servants so scarce, that the Fishery has been sensibly affected by it for several years. This we doubt not may be prevented by providing against any persons residing there as factors, but such as shall be sent directly from, and imploy'd by the merchants of this Kingdom. The masters of New England ships, besides the servants they buy and carry away, as aforesd., do also intice away great numbers of seamen from the fishing ships, and are allowed by the Govt. of New England, 40s. for every fisherman or seaman they shall so bring away. And the masters of fishing ships are not solicitous about this, after the fishing season is over, because it saves them the expence of provisions and wages home. For prevention of this evil, we humbly offer, that every master of a New England ship, that shall come to Newfoundland, be oblig'd to enter into bond to the Commodore, or in his absence to the Admiral of the Harbour (who is to transmit the same to the Commodore) that he carry no men out of the country under the penalty of — to your Majesty for every man so carry'd off, except that in case of death, he may have a licence to make up his compliment for sailing his ship. And this bond to be void and of none effect, upon the master's making oath at any Custom House in New England, of his having comply'd with the conditions of it, and certificate thereof return'd to the Commodore or Admiral of the Harbour the next season. By the Act of the 10th and 11th of K. William, every by-boat keeper is oblig'd to carry with him at least two fresh men in six, viz. one man that hath made no more than one voyage, and one man who hath never been at sea before, and every master of a fishing ship one fresh or green man, that never was at sea before for every five, and every such by-boat keeper and master to make oath at the Custom House where they shall clear, of their having shipp'd that proportion of fresh or green men, and to receive a certificate thereof etc.; but this being little regarded, we humbly propose that all masters of fishing ships and by-boat keepers be particularly oblig'd under a penalty, not only to ship off their compliment of fresh or green men, but to take certificates thereof, which upon their arrival in Newfoundland, they shall deliver to the Admiral of the Harbour to be by him sent to the Commodore, and that they give bond at the Custom House to bring or send back their full compliment of men, unless in case of death, or other unavoidable accident. The high demand of wages by all persons imploy'd in the Fishery is represented to us as a great obstruction to it. A boat master's wages about 6 or 7 years ago was from £12 to £14 for the season, and now it is from £20 to £30, and that of the other seamen and fishermen in proportion. This is attended with two evil consequences. It makes the fish dearer in foreign markets, and the men negligent and lazy, being sure of their wages whether a good voyage is made or not. Whereas formerly, when that Trade flourish'd most, that part of the management was (and is still in some places) as follows: The owners found the ship, wear, tear and craft, and the Commander with his men had for their labour one third part of the fish taken and cured. Thus every man made it his business, and took more care for the good of the voyage, having a more particular interest therein; for the more fish was taken, the greater was his share; if this method cou'd be again re-establish'd, it wou'd undoubtedly be of considerable advantage. By the 13th Article of the Treaty of Peace concluded at Utrecht, it is stipulated that all Newfoundland and the Islands adjacent, shall thenceforth belong wholly to Great Britain, and all the places there in the possession of the French, shall be yielded and given up within seven months after the signing the Ratifications, and that the French shall only have leave to fish in Petit Nore, wch. reaches from Cape Bonavista to Point Riche; but her late Majesty did by her letter to the Commander in Chief of the Garrison at Placentia permit the French that were not willing to remain there, pursuant to the 14th Article of the said Treaty, to sell and dispose of their plantations, beaches, stages, fishing-rooms etc., according to wch. sevl. persons have purchased of the French, who have left that place, and by this means there are few or no fishing rooms at Placentia etc. for fishing ships that shall come there, but what must be hired from the purchasers at their own prices, and that this is a new burthen and imposition upon the Fishery in that part of the country, is obvious to every one that is acquainted with that Trade. How far it may be thought proper to annul the said purchases, not warranted by the Treaty, is most humbly submitted. But we must crave leave to add that in case the French part of that Island be not on the same foot as the rest of Newfoundland, it will discourage, if not prevent your Majesty's subjects from going thither. There is an inconveniency arising from the said Treaty, wch. we humbly take leave to lay before your Majesty, as follows: The French that are allow'd to fish as aforesd., under that pretence, bring great quantitys of European goods, which they sell there, to the prejudice of our trade from hence, wherefore we humbly offer that all goods and merchandize and fishing craft brought into Newfoundland by any alien, from any place, except Great Britain, be forfeited, and the inhabitants prohibited under severe penaltys from buying the same. There are some French, who remain at St. Peters, Placentia, etc. by virtue of the aforesaid Treaty, who bring yearly not only their fishing tackle, but servants, fishermen and all sorts of goods from France, and when the fishing season is over, return thither again. These particulars not being warranted by the Treaty, we humbly conceive, may be remedy'd by your Majesty's directions to the Commanders of your Majesty's ships of war there. And as we do not find by the said Treaty the French are allowed to erect any buildings besides stages made of boards, and hutts necessary for drying of fish, so neither is there any liberty given them to leave their boats at Petit Nore all winter, which the St. Malo's men usually do, and in the spring send 6 or 700 men two months before hand, by which means they do commonly catch fish enough before their ships arrive, and so are at the markets in the Straits before us. If therefore they cou'd be hindred leaving their boats, they wou'd in a little time be tired of that Trade; and particularly if care were taken to restrain them, to the limits in which they are allow'd to fish. Cape Ray being a very good place for furrs, we are inform'd that many of the inhabitants from Cape Breton with French Indians go and remain there in the winter, to hunt and furr, which not only prevents us in that trade, but will in time give them a footing there again, if not remedy'd. We further humbly propose that all military persons of what rank soever, be absolutely prohibited from being concern'd directly or indirectly by themselves or others in the Fishery, or from disposing of fishing-rooms, beeches, stages etc. to any persons whatsoever, or of hiring out the soldiers to fish. By most of the returns we have had from the out-ports, it is desired, that the masters of fishing ships have liberty to continue the fishing season to the last of August, if they shall find it necessary. Lastly, if your Majesty shall be graciously pleased to approve of what is before propos'd, we humbly offer that the same be recommended to the Parliament, in order to the passing a new law, and that these sevl. particulars, as also all the clauses in the present Newfoundland Act (not intended by this Representation to be alter'd) and particularly what relates to stages, cook-rooms, etc., built since the year 1685, be infore'd by proper penaltys. [C.O. 195, 6. pp. 241–261.]
March 3.
St. James's.
71. Lords Proprietors of Carolina to the General Assembly of South Carolina. Acknowledge Address etc. We shall always have great regard to your Representations and these matters which we have now alter'd at your request might sooner have been settled to your satisfaction if Mr. Boon, one of your Agents, had not behav'd himself in a very insolent manner to our Board, and likewise in contempt to your Instructions did refuse to attend having notice to do so. And we therefore do leave it to you Gentlemen to consider whether he ought to have the thousand pounds which we hear was appropriated to him by an Act lately passed which amonst other things does appoint £2000 to be given to Mr. Boon and Mr. Beresford which for the sake of Mr. Beresford and other matters contain'd in it, we do not think proper to be wholly repealed. Signed, Carteret, P., J. Bertie, F. Skipwith, M. Ashley, J. Danson. [C.O. 5, 290. p. 91.]
March 3.
St. James's.
72. Same to the Governor and Council of South Carolina. We lately received the agreable news that the king and great men of the Cherrikee Indians had been amongst you and were very willing and ready to imbrace such offers of Peace as were made to them and we doubt not but by the friendly assistance of those powerful nations an end may [be] put to the war and the Yammasee Indians who have burnt and destroy'd your settlements and have been guilty of barbarous massacres may be dispersed and entirely driven from their towns and settlements amongst you. We therefore think fit to inform you if so happy a Peace may be concluded amongst you, that the intention of our Board here is that, that tract of land commonly known by the name of the Yammasee settlement, be parcelled out in proportions not exceeding 200 acres, and that the same may be settled as an encouragement to such persons as are already or as shall hereafter come to Carolina upon these terms viz. for the first five years free from any manner of rent and from the expiration of that term they may either purchase or rent the said land according to the custom and usage of the country. Signed as preceding. [C.O. 5, 290. p. 92.]
March 3.
St. James's.
73. Warrant of Same. We having received at Our last Board an humble address from Our Assembly of South Carolina wherein they represent that our Chief Justice being of the quorum for passing the laws etc. is extreamly detrimental to the well being of the Province and that they are dissatisfy'd that the Provost Marshall's imployment should be in the disposal of the Chief Justice, we therefore having great regard to the representations of Our Assembly do hereby revoke the said several powers and authorities by us granted to Our Chief Justice Mr. Nicholas Trott etc. [C.O. 5, 290. pp. 93, 94.]
March 3.
St. James's.
74. Same to the Governor and Council of South Carolina. You are to permit Capt. Michael Cole, his ship and crew to depart the Province, any martial law or accident of the war notwithstanding etc. [C.O. 5, 290. p. 95.]
March 5.
Whitehall.
75. Mr. Secretary Pulteney to the Council of Trade and Plantations. Encloses following. Continues: The accounts of the officers of the garrison of Annapolis Royal being in great confusion by reason that they have not been stated since the commencement of their establishment for want of regular muster rolls, I have lately obtained H.M. warrant for making out musterrolls, according to the last muster-roll from thence etc., which I hope will rectify that disorder and enable the Pay Office to issue their subsistence in due time if the officers continue to do their duty in sending muster-rolls for the future, etc. No orders having ever been given from my Office in relation to their provisions, refers to officers lately returned etc. Signed, Wm. Pulteney. Endorsed, Recd. 6th, Read 28th March, 1716. 2 pp. Enclosed,
75. i. List of (4) Officers lately returned from Annapolis. ½ p.
75. ii. Muster-rolls sent from Annapolis Royal, Nov. 1st, 1715. Total, 320. No subsistence has been issued farther than the 8th Aug., for want of regular muster-rolls. All bills have been paid by the present Agent to this time that have come to his hands, notwithstanding. As to the clothing, v. 13th May, 1715, etc. Copy. 1 p. [C.O. 217, 2. Nos. 17, 17 i., ii.; and (without enclosures) 218, i. pp. 306, 307.]
March 5.76. Capt. Taverner to the Council of Trade and Plantations. Reply to Feb. 17. Refers to former answer by his wife to Cleeves' complaints. No proof is offered in support of these charges. (1) That he engrossed all the stages at St. Peters, except one, and attempted to secure that too, on purpose to disappoint Cleeves and let them at higher prices, is utterly false. He hired two out of six, and three were not made use of. (2) Having bought 57 hhds. of salt the year before to make an experiment of the herring fishing, and failing therein by their not coming in as usual, he sold the salt and 150 hhds. more that had been left to his care, and brought in English ships. (3) Taverner utterly denies that he was the occasion of Cleeves' loosing 90 qlls. of fish by Villdiaux, and (4) that Mounsr. Tuloon brought him 470 livres of goods from France. Being in great distress for want of necessarys for himself and men, he applied to Cleeves to buy the same of him, but he absolutely refused, and he was therefore forced to take them of Tuloon. Denies that he forced the French inhabitants to have their plantations survey'd or exacted 20s. for every boat's room for doing the same, etc., but according to his duty did survey all the Plantations on that coast, in order to prevent their claiming more than did belong to them. Some of them desired draughts thereof, and five or six did pay for them, five or six more he gave, etc. The charges are malitious, frivolous and vexatious. Signed, Wm. Taverner. Endorsed, Recd. 6th March, 1715/16. Primered, 6th June, 1717. 3¼ pp. [C.O. 194, 6. No. 35.]
March 5.
Custome house, London.
77. Mr. Carkesse to Mr. Popple. The Commrs. of the Customs desire to be inform'd what Acts are pass'd in Jamaica and other Plantations for the settling fees, and whether the Officers of the Customs are contained therein. Signed, Cha. Carkesse. Endorsed, Recd. 5th, Read 6th March, 1715/16. Addressed. ½ p. [C.O. 137, 11. No. 5; and 138, 14. p. 364.]
March 5.
Jamaica.
78. Governor Lord A. Hamilton to the Council of Trade and Plantations. By the accounts I have allready transmitted, (14th and 28th Nov.) of the proceedings of the Assembly, I am perswaded after such beginnings yr. Lopps. will not be much surprized when I tell you that notwithstanding all that has hitherto been done, in so distinguishing a manner, for the advantage and quiet of this Island since H.M. happy accession to the Throne, has proved ineffectuall. I send herewith three Acts, which are all that have passed dureing two sessions of the late Assembly. The first, for the effectuall discovery of all persons that are disaffected to H.M. and his Government and to prevent all such persons holding any office or place of trust within this Island, had its rise in the Assembly, and notwithstanding the plausible title thereof as it came up to the Council was indeed in my humble opinion, if I may so call it, a Schism Bill, it requiering all persons in commission civill or millitary to receive the Sacrament in some parish Church within this Island in three months after the passing of the Act, under the penaltys therein mention'd, to which the Council made an amendment viz., "Or in some Protestant Congregation tolleratted by the Laws of England" etc. (v. Journal of Council). And indeed I cannot but humbly be of opinion that even as the Bill now stands, it is very little suited to the circumstances of a weake and infant Colony, as I hinted in my speech when I gave my consent to that law. However I conceiv'd it at this juncture unadvisable for me to reject the Bill. The other two Acts are of so little importance, that I need not say much of them, only that the Assembly rejected a Bill to prevent the exportation of gold and silver etc. sent them by the Council, which in my humble opinion wou'd have been of much more service then the Act now passed to prevent all fraudulent trade to Hispaniola and other forreign parts. I am next to give yr. Lopps. a view of such laws as have past the Assembly, which the Council could not agree to without a direct violation to H.M. Letters Patents and Instructions to me, and giveing up their own rights. (1) An Act to explain such parts of an Act for the prevention of law suits as relates to escheats amended by the Council to which the House not agreeing, the Bill dropt. v. Journal of Council. (ii) An Act repealing an Act for the better securing the estates and interests of orphans and creditors and to oblige Exors. to give security and to return appraisments into the Secretary's Office, and for obligeing Exors. to return inventories and for securing and improving the estates of orphans disagreed to by the Council adhereing to their amendments, and their reasons mentioned Journal of Council. (iii) An Act to prevent the exportation of gold and silver to forreign parts etc. (v. supra). (iv) An Act for granting further relief in relation to proving of wills and testaments and granting letters of administration of intestates' estates disagreed to by the Council adhereing to their amendments for the reasons mentioned. v. Journal of Council. (v) An Act for applying £1300 currt. money to make good £900 sterl. for the solliciting the passing of laws and other publick affairs of this Island in Great Britain for three years, rejected by the Council for their reasons contained in their message to the House of Dec. 23rd. (vi) An Act to oblige the several inhabitants of this Island to provide themselves with a sufficient number of white people, and to maintain such as shall come over within the space of three years or pay certain sums of money in case they shall be deficient and applying the same to several uses. Disagreed to by the Council adhereing to their amendments, and for their reasons set forth in their message to the House Dec. 16th and the Kingston petition. (vii) An Act to encourage the bringing over and settleing of white people in this Island, disagreed to by the Council adhereing to their amendments and for their reasons set forth in their message to the House. (viii) An Act to secure the freedom of elections and directing the proceedings in the choice of members to serve in Assembly, disagreed to by the Council adhereing to their amendments and for their reasons contained in their message to the House. (ix) An Act to impose duties on several commodities to defray the extraordinary charges of the Government and applying the same to several uses, disagreed to as preceding. (x) An Act to exempt new commers and new settlers from taxes and duties for certain times. Sent down by the Council but never return'd by the House. Second Sessions. (i) An Act for appropriating several sums of money allready arisen for the subsistance of H.M. Officers and Soldiers and discharging publick debts. Rejected by the Council for their reasons in their message to the House. (ii) An Act to secure the freedom of elections and directing the proceedings in the choice of members to serve in Assemblys. Amended by the Council, to wch. ye Assembly not agreeing the Bill was lost. Your Lopps. will observe that the materiall amendments made by the Council, center chiefly in these three points. The asserting their right to amend money bills. The insisting that all publick money should be payable into the Office of H.M. Receiver General, and to make it issuable only by warrant from the Governor by and with the advice and consent of the Council. The raising, applying and appropriateing money, as allso inspecting and examining accots., and representing as there may be occasion being left to the Assembly. All these are so strongly expressed in H.M. Letters Patent and Instructions, that the Council conceiv'd it their indispensable duty not to recede from them. I must own the two last particulars have not allways been insisted upon; but the late incroachments of Assemblys not only on H.M. Prerogative, but also on the Council, and these bills being so clog'd on these heads, as well as many others, that it was conceiv'd absolutely necessary to insist on H.M. directions in these points, which are so demonstrably calculate for the benefite and advantage of his subjects here. To supply the loss of the Bill for raising a sume for solliciting their affairs, a subscription was order'd to be drawn by a Committee of the Assembly to sollicite in England, the affairs of this Island, to prevent any further misrepresentations, and the members of the House order'd to recommend it to the severall parishes, which was accordingly done, and a considerable sume is thereby raised. How warrantably I submitt to yr. Lopps.' judgement. (v. Journal of Assembly.) I should have been at a loss to have conceiv'd what was meant by misrepresentations at home, had they not explain'd themselves in a report of their Committee to consider the state of the Island, where amongst other pretended grievances, they take notice of the turning two Gentlemen out of the Council, which they can't suppose could have been effected but from very unjust representations of the persons and their characters. I submitt to yr. Lopps. if the late conduct of these Gentlemen, the one Speaker to the Assembly, the other the Chairman of the Committee makeing the report above mentioned, has not demonstrably made out the character I gave of them to your Board. It would be endless to trace the unfaire and disingenious proceedings of this Assembly, and particularly in the sd. report, containing part of the substance of an intended representation to H.M., of which I did twice by Message, in pursuance to the 100 Article of my Instructions, in vain demand a copy. If yr. Lopps. can have patiance and leasure to peruse this report in the Minutts of the Assembly, I am perswaded you will observe so much inveterate malice and groundless calumny, and false and triefleing matters, no ways pertinent to the state of the Island, that I hope you will not think it meritts a particular answer, and indeed their whole proceedings have been so violent and unreasonable and the instances thereof appearing allmost in every page of their Minutts, that I shall not trouble your Lopps. with them, only at present point out to your view a message I sent them and their Answer. The indignity offered to my character by that Message was such that I conceiv'd the bearing of it wou'd render authority contemptable, I therefore threw the Message back to the three members that brought it, and told them to carry back to the three scandalous lible calling in question my loyallty to the King, and to tell their House that when they apply'd to their Govr. it ought to be with decency and manners. The effecting any business having been long before this rendered impracticable, by the unanimous advice of the Council I dissolv'd them immediatly by a short speech. Having receiv'd the Minutts of the Assembly but some few days since I hope yr. Lopps. will excuse me if I have not been able to degest so great a heap of matter into so good form as I could wish, but I hope it will be intelligible etc. I am now to give yr. Lopps. an accot. of what measures have been taken for the security and support of the Government, left alltogether destitute and unprovided at so criticall a juncture, the Revenue being not only exhausted, but greatly in debt, the soldiers unprovided, and no hopes of better success at present by calling a new Assembly. In these circumstances your Lopps. will easily be of opinion that vigorous steps were necessary, and I hope the expedient that has been found for the support of the Government under the present pressing exigencys thereof will be thought just and reasonable. And it is this. There being a fund of about £8000 in cash and outstanding debts raised by an Additional Duty Bill in 1712 and haveing ever since lain useless in the hands of a Commr. of their appointment unappropriated, and this late Assembly haveing inspected and stated the accots. of this Fund, (v. Journal), I proposed to the Council the ordering this publick money out of the hands of the said Commissr. into H.M. Receiver Generall's, and the applying it towards the most pressing exigencys of the Government; to which the Council unanimously agreed, as the only expedient under the present necessity of our affairs, conceiving little more in this then what they had on so good a foundation and reason asserted during the late Assembly in relation to the issuing publick money vizt. by warrant only from the Govr. by and with the advice and consent of the Council. This being resolved was put in immediate execution, and the bond of their Commissr. in who's hand the money was lodged cancelled in Council. With a frugall application of this money, I hope to be able to support the contingencys of the Government, till by H.M. authority measures may be taken for the redress of our disordered affairs; a state of which is now prepareing by the Council to be laid before yr. Lopps. by a Representation putting everything in the clearest light possible, with their humble opinion thereon, which together with my own shall be transmitted to your Lopps. by the next conveyance. Mr. Chief Justice Heywood having dureing the late Sessions of Assembly refused H.M. writ of Habeas Corpus to Major Thos. Custis, then in custody of the Messenger of the Assembly on a frivolous complaint against him in the execution of his duty as a Melitia officer, and his declaring in Council that he never wou'd have anything to doe where the Assembly was concerned, or words to that effect, for that reason, and haveing for some time had demonstrations of his encourageing and abatting that party of men who have obstructed and opposed the Government, and H.M. gracious intentions for the advantage and security of this Colony, whereby our affairs have been brought to the condition they are at present; I thought it absolutely necessary for H.M. service and the Country's to displace that gentleman, and to appoint Mr. Bernard every way more equall to and better qualify'd for that trust; and have likewise from the same motives by the unanimous advice of the rest of the Council suspended him from his place there, for all which I shall by the next conveyance send our reasons in the manner required by the 10th Article of my Instructions, etc. Signed, A. Hamilton. Endorsed, Recd. 7th May, Read 14th June, 1716. 10½ pp. [C.O. 137, 11. No. 22; and 138, 14. pp. 434–448.]
March 5.
Jamaica.
79. Governor Lord A. Hamilton to the Council of Trade and Plantations. I must beg leave to recommend John Moore, Edwd, Pennent, Thos. Harrison, Anto. Swymmer, Samll. Moore, as men of good estates and characters, and every way well qualify'd to serve H.M. in his Council here. The first haveing been in England ever since I left it, is altogether a stranger to me, only from the generall character I have of him etc.; I name him first because he was an Assistant Judge before, and the three next are now on the Bench. I mention Mr. Saml. Moore only in case his brother do's not come. Your Lopps., I hope, will not think this too large a recommendation, there being now but eight of the Council present, so that you will see the necessity of strengthning it as soon as may be, and if it shall be thought necessary to come to an immediate nomination of no more then two, I should give the preference to Mr. Harrison and Swymmer who have remarkably well behaved themselves in Assemblys in asserting truth and reason when the numbers were against both. I think myself obliged to acquaint yr. Lopps. with the disrespect the Assembly have frequently expressed to your Board on occasion of communicating to them extracts of your letters relaiting to their adjourning themselves and the Councill's right to amend money bills. It might appear invidious to say more on this subject. Signed and endorsed as preceding. 1¾ pp. [C.O. 137,11. No. 23; and 138, 14. pp. 449–451.]
March 6.
Whitehal.
80. Mr. Popple to Sir James Bateman, Sub Governor of the South Sea Company. Enquires whether the Company have anything to add to their Memorial (v. March 1st). [C.O. 138, 14. p. 371.]
March 7.
Whitehall.
81. Same to Mr. Attorney General. Presses for reply to Dec. 6, 1715, concerning Naturalization Act of New York, "being of great importance with regard to the settlement and quiet of that Province," etc. [C.O. 5, 1123. p. 402.]
March 7.
Whitehall.
82. Mr. Popple to Sr. Nath. Lloyd, Advocate General. Encloses Addresses, petitions etc. relating to the capitulation of Nevis, etc. March 1st, 1716, and Oct. 5, 1715, together with his own letter of July 29 and Sir Nathanael's report thereon, Aug. 2, 1715, for his opinion on the whole as soon as conveniently he can. [C.O. 153, 12. pp. 381, 382.]
March 8.83. Francis March and others to the Council of Trade and Plantations. Reply to Memorial of South Sea Company, March 1st. The Assembly of Jamaica have so far retracted as to consent to a duty of 20s. per head generally laid for 20 years past. Such duty is now raised by the Assembly at their Governor's pressing instance for making a provision for payment of publick debts. The Governor has often recommended the raising such a duty, and their not raising it in the two foregoing Assemblys was equally imputed as a fault. Many of the members of the Assembly, as exporters of negroes are greater sufferers thereby than the Company, etc. There is no advice yet arrived that the bill is passed into a law, etc. The Company's design is to render the Island odious, etc. Signed, Francis March, Jon. Carver, Ezekl. Gomersall, N. Hering. Endorsed, Recd. Read 8th March, 1715/16. 2 pp. [C.O. 137, 11. No. 7; and 138, 14. pp. 372–377.]
March 9.
Whitehall.
84. Mr. Popple to Sir N. Lloyd. Enquires whether the appeal upon the condemnation of the Eagle at New York has been heard, etc. [C.O. 5, 1123. p. 422.]
March 9.
Whitehall.
85. Council of Trade and Plantations to Mr. Secretary Stanhope. Reply to March 1st. We have discours'd with some of the Directors of the South Sea Company and with several merchants and planters concern'd in Jamaica. We are not yet certainly inform'd of the matter of fact, but some of the gentlemen that have been with us have assured us that the propos'd duty of 40s. was reduc'd to 20s. pr. head which is no more than what has been rais'd upon all negroes exported for near 20 years pass'd; nor do we hear that the Act is yet pass'd; so that we are not at present able to give our opinion thereupon, but so soon as we have further light herein which we may expect by a ship which we hear is just arrived, we shall then lay before H.M. the state of the matter as it shall appear to us. Autograph signatures. 2 pp. [C.O. 137, 46. No. 13; and 138, 14. pp. 376, 377.]
March 9.
Whitehall.
86. Same to Same. Being now preparing answers to Brigadier Hunter's letters, and finding that in some of the last, he has again urg'd the necessity of sending ye usual presents to the Five Nations of Indians; of erecting a new Fort at the Lakes; and of augmenting the Forces at New York; we take leave to remind you of our letter, Nov. 18, etc., and desire to know whether H.M. pleasure has yet been signify'd thereupon; which we hope soon may be known, in order to write by those ships, that are now on their departure. Autograph signatures. 1 p. [C.O. 5, 1085. No. 24; and 5, 1123. p. 423.]
March 10.
St. James's.
87. Order of King in Council. Approving of Representation of Dec. 14, 1715, and appointing Roger Mostyn, Governor of the Bahama Islands. The Council of Trade are to prepare a draught of his Commission and Instructions. Signed, William Blathwayt. Endorsed, Recd. 20th, Read 23rd March, 1715/16. 1 p. [C.O. 5, 1265. No. 19; and 5, 1292. pp. 504, 505.]
March 10.
St. James's.
88. Order of King in Council. Appointing William Broderick to the Council of Jamaica, etc. Signed, Robert Hales. Endorsed, Recd. 1st, Read 2nd May, 1716. 1 p. [C.O. 137, 11. No. 14; and 138, 14. p. 414.]
March 10.
St. James's.
89. Order of King in Council. Confirming Act of Barbados docking the entail of Mount Lucie Plantation, etc. Endorsed, Recd. 9th, Read 10th May, 1716. Signed, Edward Southwell. 1¼ pp. [C.O. 28, 14. No. 49; and 29, 13. pp. 327, 328.]
March 13.90. Sir N. Lloyd to the Council of Trade and Plantations. The appellants have thought fitt to drop the appeal in the case of the Eagle, etc. Not that but the appellants might have reheard the cause here. For by law appeals doe lye from the Admiralty Courts in the Plantations, to the Lord High Admiral in the High Court of Admiralty of England, in common maritime causes. As in causes of prize property, as taken jure belli, to the Lords of the Councell as Commissioners for Appeals in causes of prize: by the American Act. Signed, Nath. Lloyd. Endorsed, Recd. 13th, Read 14th March, 1715/16. 1 p. [C.O. 5, 1051. No. 20; and 5, 1123. p. 425.]
March 13.91. Same to Same. Reply to March 7, concerning Nevis. Some of the papers referred to were consider'd upon the Report I made on 2nd Aug., 1715, which report I beg leave to re-affirm. As to the other papers, viz., (i) The Address of the Lt. Govr. etc., Nevis, Sept., 1715, (ii) The petition of Thomas Abbott, etc. 5th Oct., 1715, and (iii) the reply of the Lt. Governor and Councell of Nevis to that report. These 3 are subsequent to my report and on these I observe that No. 1 reciting, that the Commissarys of both Nations having nott yett mett etc., and praying, the King to countenance their case, with the Commissarys, I humbly conceive, that nothing can bee offer'd upon that paper, otherwise than as itt shall seem fitt to H.M., to interpose and give in direction to the British Commissarys, (when mett with those from France) to take care of the Nevis interest, as their case shall appear to bee, upon proofs to bee made before the Joynt-Commissarys, by all parties. The depositions annex'd being only affidavits ex parte. As to the papers N. 2 and 3. I humbly concieve that, N. 2 being the petitioners charge; and N. 3 being the Islanders reply, and defense to that charge, and submitting the whole to H.M. direction after the Commissarys of both Nations have mett and setled those affairs: Therefore the parties on both sides must bee first heard before the Commissarys, to prove their respective charge, and defense: And when the Commissarys have mett, and setled the facts, and a full state of the case shall bee layd before H.M., and referr'd to the Board, your Lordships then, will have true informations and a certain fact before you, to report upon, in order for H.M. direction therein. Signed, Nath. Lloyd. Endorsed, Recd. 13th March, 1715/16, Read 15th Nov., 1717. 3 pp. [C.O. 152, 12. No. 53; and 153, 13. pp. 164–167.]
March 14.
Whitehal.
92. Mr. Popple to Mr. Carkesse. In reply to March 5, encloses Acts regulating fees in the Plantations, etc. [C.O. 138, 14. p. 378.]
March 14.
Whitehall.
93. Council of Trade and Plantations to the King. Recommend John Johnson for the Council of New York in the place of Saml. Staats, deed. [C.O. 5, 1123. p. 424; and 5, 1079, No. 92.]