America and West Indies
May 1716, 16-31

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Institute of Historical Research

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Cecil Headlam (editor)

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1930

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76-101

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'America and West Indies: May 1716, 16-31', Calendar of State Papers Colonial, America and West Indies, Volume 29: 1716-1717 (1930), pp. 76-101. URL: http://www.british-history.ac.uk/report.aspx?compid=73990 Date accessed: 03 September 2014.


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Contents

May 1716, 16-31

May 16.
Annapolis Royall.
154. Lt. Governor Caulfeild to the Council of Trade and Plantations. Refers to letter of 11th Dec. Continues: As this is the first opportunity that hath since offer'd, I doe myselfe the honr., pursuant to yr. Lordshipps' directions, to inform you that ye last account I had of Cape Bretton was the 10th instant at which time there was noe vessell arrived from France tho' dayly expected; they appear to make great preparation for fishing this season and I am credittablie informed they take most of theire fish at Canco and on our Eastern coast which cannot be prevented without a shipp of warr to attend for that effect. They still continue raiseing theire fortifications att St. Petters and Anns etc. The Island of St. Johns which they French of this Collony seemed to like in case they were obliged to quit us, is intierly abandoned by those inhabitants who went there out of this Goverment. I received a letter from the people of Mines of theire resolution to continue in this Goverment; and are making all preparations for improvement as formerly, and they seem impatient to hear what is determined on theire behalfe. I can not ommitt informing yr. Lordshipps that there are noe Courts of Judicature here established to decide any dispute that may happen amongst the inhabitants which I formerly endeavored to accommidate to the sattisfaction of both partys, untill Genl. Nicholson when here ordered that I might exhibitt my Commission that authorized me to doe justice in civill affairs, to which I answered that as I had the honor to command in the absence of ye Governor I should allways endeavor to cultivate as good an understanding amongst the people as possible, believing the same esential for H.M. service, and tho' I had noe Commission for that effect yett I held myselfe bleamable to suffer injustice to be don before me without takeing notice thereof, haveing never interposed farther then by the consent of both parties, and I humblie desier your Lordshipps will direct something on that head. Refers to enclosed, shewing our necessity for beding with which the garrison hath never been supplyed since our arrival here neare five years; and as to our cloathing of which there is noe species butt coats remaining in store are rotten and at such excessive prizes that the men refuse them as not fitt for service (with which I hope Mr. Sherreff fully acquainted yr. Lordshipps) soe that at this time there is butt five soldiers that mount the Gard that have either shooes, stockings, or shirts, to which if some speedy remedy be not applyed, I leave yr. Lordshipps to judge of the consequences, which I have allways to ye uttmost of my ability laboured to prevent and shall still continue the same. Recommends petition of Mr. Skeen enclosed etc. Signed, Tho. Caulfeild. Endorsed, Recd. 20th, Read 21st Aug., 1716. 3 pp. Enclosed,
154. i. Lt. Governor Caulfeild to the Board of Ordnance, Dec. 14, 1716. Urgently requests bedding for the garrison etc. Signed, Tho. Caulfeild. Same endorsement. Copy. 1 p.
154. ii. Petition of William Skeen, Surgeon to the garrison at Annapolis Royal, to the Council of Trade and Plantations. Prays that his pay may be increased so as to be equal to that of other foreign garrisons. He is allowed only 3s. a day by the present establishment, so that he cannot keep a servant, and is in debt. Governor Nicholson promised to secure him an alteration to 5s. etc. Same endorsement. 1 p. [C.O. 217, 2. Nos. 18, 18 i., ii.; and (without enclosures) 218, 1. pp. 310–313; and (abstract of covering letter) 217, 30. p. 5.]
May 17.
St. James's.
155. H.M. Warrant recalling Lord A. Hamilton from the Government of Jamaica etc. Countersigned, James Stanhope. Copy. [C.O. 5, 190. p. 343.]
May 17.
Whitehall.
156. Mr. Secretary Stanhope to Governor Walter Hamilton. Col. Parke late Governor of the Leeward Islands having made a grant of 500 acres of land lying in St. Christophers to Capt. Robert Clarke Commander of a man of war, who was some time afterwards killed in a sea fight, and the ship blown up with all his papers, by which means those who claim under him are disabled from making out their title to the said estate, I desire therefore you will cause the records of those Islands to be searched, and procure copies of all entrys that shall be found therein relating to the said grant, and transmit them to me by the first opportunity etc. Signed, James Stanhope. [C.O. 5, 190. p. 347.]
May 17.
St. James's.
157. Order of King in Council. Approving Governor Shute's Commissions (v. May 10th). Signed, Edward Southwell. Endorsed, Recd. 8th, Read 16th Jan., 1716/17. 1 p. [C.O. 5, 866. No. 99; and 5, 915. p. 23.]
May 19.
Whitehall.
158. Mr. Secretary Stanhope to the Council of Trade and Plantations. I am commanded to signify to you H.M. pleasure, that you forthwith prepare the drat. of a Commission from H.M. determining, annulling and superseding the former Commission granted to the Lord Archibald Hamilton as to all effects, and for appointing and constituting Peter Heywood, Esq., or in case of his death or absence the oldest Councillor of the said Island to be in the place of, and to take upon him the Government of the sd. Island of Jamaica and the Territories depending thereon in America; and you are also to prepare a draught of Instructions proper for the said Peter Heywood and suited to the trade and interests of H.M. subjects of that Island, and you are particularly to take notice that there having been several abuses committed of late under the covert of Commissions granted by the said Lord Archibald Hamilton to the prejudice of the Treaties between this Crown and that of Spain, the said Peter Heywood and the Council are to be instructed to make strict inquiry into such Commissions, and into all abuses, piracies and robberies committed of late upon the Spaniards in the Gulph of Florida or elsewhere, and to seize all persons they shall find guilty, and send them over hither with their effects and such evidence as may be proper to convict them according to law, and they are to be instructed to inquire into the conduct of the said Governor in this matter, and if they find that he has been concerned in these unjustifiable practices, they are to take care that he be put under arrest, and his effects seized and sent over with him by the first ship that shall come from that Island. Signed, James Stanhope. Endorsed, Recd. Read 19th May, 1716. 2 pp. Enclosed,
158. i. Extract of a letter from Don Juan Francisco del Valle to the Marquis de Monteleon. Jamaica, 18th March, 1715/16. The writer was sent by the Governor of the Havana to the Governor of Jamaica to complain, that he suffered ships to be fitted out in the Island, under pretext of cruising upon pirates, but that instead of that they committed many hostilities on the ships and dominions of the King of Spain. That some of them had landed near the Havana and committed hostilities there. That on 26th Jan. one of these vessels arriv'd at Jamaica, who in company with another had cast anchor in the Canal of Bahama on the coast of Florida, near the Spanish camp, under Spanish colours, they laid still till night, and then landed their people, who the next morning march'd to the camp with their arms; upon which the Spanish Commanding Officer ask'd them, if it was war, they answer'd no, but that they came to fish for the wrecks, to which the Officer said, that there was nothing of theirs there, that the vessels belonged to his Catholick Majesty and that he and his people were looking for the said treasure; but seeing that his insinuations were of no use, he profer'd them 25,000 pieces of eight, which they wou'd not be satisfy'd with, but took all the silver they had and stript the people taking likewise away four small cannon, two of them brass, and nail'd two large ones (all which were to defend a parapet they had thrown up to defend themselves from the Indians.) They carried away to the value of 120,000 pieces of eight, besides the wrought silver, this is what the captors own themselves, from whence it is inferr'd, that there was a great deal more. That he demanded of Lord Archibald (1) that he shou'd issue a Proclamation agst. those who shou'd fit out vessels on the like account. (2) That one of the two English men of war that were then in Jamaica shou'd be sent to their camp to order all the privateers to return. (3) That the silver taken by these two vessels shou'd be returned. (4) That the captors shou'd be punish'd. That the 7th of Feb. another Spanish vessel came into this Port from Vera Cruz and was bound for the Havana; a few days after she sail'd from hence she met with bad weather, which oblig'd her to throw overboard her guns and some of her cargo and being come in sight of the Havana she met an English ship, who was one of them who had been at the Spanish camp, the English sent on board her, and finding that she was loaden with silver, corn etc. they took her, alledging that this vessel was taken by the Spaniards on the coast of Porto Velo, with several goods on board, and that they wou'd keep her till restitution was made. This vessel was taken by the Spaniards being she was trading to places where strangers are not suffer'd to trade. That the English Captain had told him that the Govr. own'd a fourth part of his vessel. This vessel was worth 150,000 pieces of eight, several Gentlemen of Jamaica say publickly that the Governor is part owner of all the vessels which have been sent to our camp. That the inhabitants of Jamaica still went on to fit out privateers in the most publick manner. That their final answer was that what the two privateers had taken should be put into the Royal Treasury, until the Spaniards had made satisfaction to the inhabitants of Jamaica, for what they had taken from them. Same endorsement. 3¾ pp.
158. ii. List of (10) vessels commissioned by Governor Lord A. Hamilton. Same endorsement. 1 p.
158. iii. Don Juan del Valle to Governor Lord A. Hamilton. Since presenting Memorial (v. No. 1. supra) the writer learns that divers others of his Britannick Maty's. subjects, with two sloops belonging to this Island, have lately in a hostile and pyratical manner landed upon his Catholick Maty's. Dominions in the Channel of the Bahamas on the coast of Florida, under pretence of looking for pyrates, but in reality have committed the highest act of piracy, upon his said Catholic Majesty's subjects by forcibly taking from them in value above 120,000 pieces of eight, wch. being not only against the Treaties of Peace and Commerce between their sd. Maties. but against the laws of Christianity and of Nations, etc. As Deputy of the Governor and Council of Commerce of the Havana prays H.E. (1) by proclamation to recall all H.M. subjects belonging to his government, and to inhibit them to dive or fish upon the Flotta stranded near the Bahama Islands, and coast of Florida, part of his Catholick Majesty's Dominions, and likewise to prevent others now preparing in this Island to do the same. (2) That the effects pyratically taken as aforesaid be restored by the owners of the sloops etc. (3) That all money and effects taken out of the sd. Flota be likewise restored so soon as the same shall arrive into H.E.'s government etc. (4) That since 'tis most evident there is a piracy committed by persons now under H.E. Govt., they may be secur'd and brought to justice, the Deputy not doubting to give H.E. full satisfaction in the premises, etc. Same endorsement. Copy. 3¼ pp.
158. iv. Captain Balchen, H.M.S. Diamond, to Mr. Burchet. The Nore, 13th May, 1716. In Novr. there was two sloops fitted out of Jamaica, one belonging to Capt. Edward James, the other to Capt. Jennings, which had my Lord Hamilton's Commission for suppressing of piracys, but this design, as they said themselves was upon the wrecks; they went to sea and in a shorter time than cou'd be expected, return'd again with a considerable sum of mony, etc., as No. 1. Continues:—which I cou'd not forbear saying I thought to be the greatest of piracy; and indeed 'tis blam'd by some of the Island; but by those who had share of the mony thought just. Since that there has been at least 20 sloops fitted out for the wrecks, and if I had stay'd a week longer, I do believe I shou'd not have had men enough to have brought home, I lost ten in two days before I sail'd being all mad to go a wrecking as they term it. For the generality of the Island think they have right to fish upon the wrecks, although the Spaniards have not quitted them. They say at Jamaica that the Spaniards are indebted to that Island a considerable sum of mony, and they must repay themselves. Same endorsement. Copy. 1½ pp.
158. v. Deposition of Samuel Page, Secretary and Commissary of Jamaica. 15th May, 1716. About 6th Feb. last a Spanish sloop was sent into Port Royal by Francis Fernando Amulato, commander of the sloop Bennet, commissioned by Governor Lord A. Hamilton, 12th Dec. last. The commander of the Spanish sloop affirmed that the said Spanish sloop had on board her at the time of her capture to the value of 250,000 pieces of eight, and Fernando after he had taken all the mony, jewels and fine goods out of her, sent her with the bulky part of her cargo to Port Royal to be condemned, with a letter to the Governor purporting that she was formerly taken by the Spaniards from the English, and that he wou'd remain at sea with the mony until she was condemn'd. Deponent heard that the Spanish sloop with her whole cargo was condemned 7th March last, etc. The sloops Eagle and Barsheba were commissioned 21st Nov. last by Governor Lord A. Hamilton to go to sea for six months, which returned having first robbed the subjects of the King of Spain on the Florida shoare of the value of 120,000 pieces of eight which was divided between those concerned, Whereupon Don Juan del Valle presented a second memorial (v. No. iii supra) to the Governor, praying that the effects taken oyratically as aforesaid shou'd be restored, and that all others inhabitants of Jamaica may be inhibited from such like practices, etc. Not-withstanding which the said sloops again sail'd with the Governor's Commission, well fitted with warlike stores, to which memorial Don Juan cou'd receive no other answer from the Governor than that the Florida shoar was part of the King of England's dominions, and that as the Spaniards had seized on some English vessels since the Peace, he believ'd the Spaniards were indebted to the English more than those Spanish effects wou'd answer. Don Juan inforn'd deponent that he hath trac'd some of the money so piractically taken to the Govr. of Jamaica's house, which deponent is the rather satisfy'd of the truth of that the Govr. made an overture to Capt. Davis, H.M. sloop jamaica, as the said Capt. informed deponent, to fish upon the coast of Florida upon shares with the Govr., which Capt. Davis and his Commodore resented. And the said Commodore, Capt. Balcher, wou'd not admit the said sloop to go to sea on such an errand, tho' the Commondore upon hearing that the Govr. had commissioned ten sloops to go to sea in warlike manner, acquainted the Govr. of Jamaica, that the King's ships under his command were ready to cruize for pirates were there any occasion to which he receiv'd answer that he had otherwise provided for that service, etc. Signed, Sam. Page. Same endorsement. Copy. 5¼ pp.
158. vi. Deposition of Walter Adlington, late of Portugal, in Jamaica, merchant. 15th May, 1716. Hanry Vanholt told deponent that he drew a bill of sale for a transference of a share of the sloop Bennett from Fernando to the Governor before she went to sea and tool the Spanish sloop, etc. Confirms preceding. Signed, Walter Adlington. Same endorsement. Copy. 2¾ pp.
158. vii. Representation of Merchants against Governor Lord A. Hamilton. By the Peace of Utrecht between Spain and Great Britain, nothing was more strenuously capitulated than the good correspondency between the subjects of the two Crowns, etc. Whosoever should violate it, may justly be deemed a disturber of the Peace and not faithful to his Monarch, etc. It is evident that under the pretence of a report that there were pirates upon the coasts of America, they fitted out at Jamaica 14 sloops mann'd with about 3,000 men to cleat those seas, but the remedy was worse than the disease. One of those sloops commanded by a tawny Moor called Fernando Fernandez, seized a Spanish sloop commanded by Don Manuel de Aranburu, wch. went as a register ship from Vera Cruz to the Havana, saying he had orders from the Governor of Jamaica to do so by all the ships he should meet with either Spanish or French, etc., ut supra. Aramburu having obtained to speak with the Govr., he affirmed that what Fernandez had done was piracy and without any order from him. This tawny Moore has an estate at Jamaica and has given good security for his navigation. It is rightly required that restitution be made upon Aramburu's affidavit, etc., for it was downright robbery etc. The English sloops under pretence of clearing the coasts of pirates, against all equity have been diving for the silver wch. was lost on the Flota at Palmar, they have also taken away by force of arms what they could of that which the Spaniards got out of the wreck, proceeding so far in their tyrannical covetousness that they put those they met to the punishment and torment, for to know where they had hid their treasure, etc. This is breaking the bands of the law both divine and humane. This is deviating from the publick faith. Same endorsement. Copy. 3¾ pp.
158. viii. [? Samuel] Page to Sir Gilbert Heathcote. 8th May, 1716. My ill state of health obliging me to leave Jamaica 6th March last, the Speaker of the late Assembly together with the principal merchants and planters, besought me to make application in particular to you, and such other gentlemen who have the welfare of that deprest Island at heart, to be assisting in getting their Address presented to his most sacred Majesty, etc. His Excellency has not only got removed from the Council gentlemen who have in all times been zealously affected to the Act of Succession, but also removed from all posts civil and military the principal planters and inhabitants, who in King William's reign, and since, defended that Island against all the efforts of the common enemy, and has put in their places persons not only of very notable disaffection to the late happy Revolution, and the present Govnt., but of indigent fortunes, illiterate and of scandalous characters. The Assembly in one of their messages in Febry. last thought it their duty to tell H.E. that it had been a particular comfort to them, and those they represented, if some glimmerings of that zeal which would now appear so strong in H.E. and some about him, had been found towards his Majesty, about the end of her late Majesty's reign. And that the Fort at Port Royal, which cost the Govnt. about £100,000, tho' reported to be in that miserable condition by the Committees of both bodies appointed at the late critical juncture of affairs to view the same, very little care has been taken therein. And tho' the Assembly in Decr. last desired that a Committee of their body may with a Committee of the Council have leave to inspect into the fortifications, the same cou'd not be obtain'd. And the Fort still remains under the command of one Dr. John Stewart who cannot be supposed to be in any respect equal to that important trust. Refers to H.E. granting commissions to the 10 sloops etc., ut supra. Signed, Page. Same endorsement. Copy. 3 pp.
158. ix. Draft of H.M. letter to Peter Heywood for securing the persons and effects of those concerned in the piracies committed against the Spaniards, and sending them home with evidence for their trial, etc., as ordered in covering letter supra. Same endorsement. 2¼ pp.
158. x. Copy of letter from K. Charles II to Govr. Sir Tho. Lynch, directing him to send home Sir Thomas Modyford prisoner. v. C.S.P. 1671, No. 452. Same endorsement. 1¼ pp.
158. xi. (a) Representation of the Assembly of Jamaica to the King. Lamenting the miserable state of this once flourishing Island, we cannot but enquire into the cause, encouraged by your Majesty's late assurance of the great regard you have for the safety and prosperity of this your Island, etc. Following the report of a Committee of the House appointed to consider the state of the Island (cf. March 5), we find that H.E., upon his arrival, was received with as much respect and deference as ever any Governor met with. Immediately after his arrival some few persons by fawning and other subtil practices so far insinuated themselves into H.E.'s affection as to be able to mislead his judgment and wickedly apply his authority to support their own corrupt designs, which were carried into execution in the many unwarrantable proceedings of the Governor's first Assembly, many of whom being in debt were privileged for above two years from suits; as also in the trade openly [sic] the Governor with the French Colonies in Nov., 1712, whereby indico and other goods was brought to Jamaica and sold for gold and silver to the ruin of indico planters, etc., not to mention the Act passed in the Assembly whereby all wills and testaments may be rendered impracticable to be executed by ye executors in order to give the Governmt. a power of granting administration to his said favourites or others in trust for them. The principal actors in bringing this misery upon the Island were Dr. John Stewart, Richd. Rigby, Wm. Broderick, none of whom had any plantation in the Island, the first being Physician to H.E. and one of the Council and the last Attorney General who so far deviated from his worthy family, that apostate like is the great promoter of oppression and creator of differences amongst the inhabitants. The better to effect their purposes, Richd. Rigby was secretly dispatched to Great Britain in Jan., 1712, to solicit the late Ministry (among other requisites) to have such of the Council here removed as could not be prevailed upon to fall into the same measures (which has been since effected and given as a reason for their removal that they voted contrary to the Governor's pleasure) whilst Stewart and Broderick industriously aspersed many of your Majesty's subjects here and Broderick by his circular letters to the Freeholders threatned all those who would vote against the Governor's intrest, which he called Prerogative, and represented those who would as of seditious republican antimonarchical principles, and accordingly prevailed with H.E. as such to represent us to the late Lords Commissrs. for Trade, thereby intending not only to raise sedition but to lessen the planters (of known loyalty and integrity to your Majesty) and best families of this Island in the opinion of her late Majesty, and renders most men of any fortune in this Island odious in the esteem of ye people, the better to influence the elections of a second Assembly, etc. Finding the measures taken in such second Assembly insuccessful, Stewart and Broderick by their credit with H.E. prevailed with him to dissolve it (partly to protect Broderick who was under a prosecution upon the Assembly and Council's application) notwithstanding the good disposition that body met the Governor as appears by their very dutiful address and the many good laws they had passed and were then framing, to wit, to prevent trade with the French, to increase the Revenue by selling all escheats at the real vallue, and other Acts for subsistance of the Regiment there, and yet tho' they had occasion to address her late Majesty twice upon matters of the greatest concernmt. to 'em his Lordship's concurrence could not be obtained in regard the said Assembly had not first addressed H.M. upon what he called the Glorious Peace and after they had sat three months were told by the Governor they must have no recess till they had raised more mony, which being then impracticable (the publick accounts being unstated), were dissolved, and John Stewart to possess the electors with the evil impressions of their representatives, in his own handwriting delivered the then Attorny General (in H.E. name) certain odious heads in order to draw up a Proclamation for the said dissolution which directions the said Attorny General being commandd. to pursue were drawn in form which your Assembly beg leave with all humility to represent as an abuse of her Majesty's name and authority and little better than libelling (under the Broad Seal of this your Majesty's Island) the preceding Assembly and proclaiming them guilty of betraying the liberties they represented, etc. Upon calling a third Assembly the most corrupt and unfair practices were used by the Govr., Stewart and Broderick who contrived it so as in some places none was to have notice of elections but those they were sure would vote for their intrest and that only the morning or night before the election, in another place the election was closed upon a signal made by Stewart to the Sherriff's Deputy. And in others Broderick determined the qualifications of the electors which the Sherriff abided by whereby many Freeholders were deprived of their right but when all these practices would not prevail and that an Assembly of the estated men were chosen the next thing after addressing your Majesty on your accession was to appoint a Committee to enquire into the said practises to prevent which Jon. Stewart and Wm. Broderick by their influence on H.E. prevailed with him the 3rd day after their meeting to prorogue the same and which in some days after they procured to be dissolved. As the only means now left, Stewart and Broderick prevailed with H.E. to remove from all posts civil and military the principal planters and inhabitants who in the late King William's reign and since defended this Island against all the efforts of the then enemy of the Crown, and who in their power would and will assert, maintain and defend your sacred Majesty's undoubted title to this or any part of your Dominions against all Pretenders. To supply the vacancies, commissions civil and military were promiscuously offered and given, as well to the obscure and unknown as to persons of scandalous characters and indigent fortunes and of known disaffection to your Majesty (of which number Papists and Jacobites have been countenanc'd and employ'd). Former Assemblys agreeable to this endeavouring to prevent the inconveniencies that attended the confirming some laws in Great Britain by passing an Act to raise £300 pr. annum for three years to defray the necessary charge of soliciting and representing our affairs in Great Britain, which always proved ineffectual and has been chiefly obstructed by H.E. as we apprehend by the advice of Stewart, Rigby and Broderick and the majority of the Council knowing it might be a check upon their unwarrantable proceedings. Your Assembly also craves leave to lay before your Majesty a specimen of the unkind and indirect means made use of to induce her late Majesty since the Peace to form and continue two Independant Companies here by H.E. representing, 10th Oct., 1713, that the negroes in open day had cut two white men in pieces, from which his Lordship inferred the necessity of keeping regular forces on foot and withall adding we were not fit to be left by ourselves. No instance during his Governmt. can be produced when the regular forces were ever employ'd or sent out in order to reduce rebellious negroes, but that service has at all times been left entirely to the care, cost and labour of the inhabitants. In another letter, 27th of the same month he was pleased to say the country would chearfully go into measures for making provisions for the soldiers notwithstanding the factious endeavours of a few who have never been satisfy'd with any Governmt., by which H.E. must mean the Assembly, which we apprehend to be evident, by his choosing rather to subsist the sd. Companies out of his and the Council's pockets, than (by calling an Assembly) whether the country wou'd so chearfully go into his measures, etc., and what is severe is, that tho' ye country has been punished with sudden dissolutions of Assemblys and a long disuse of them whereby many opportunities have been lost of benefit to the Island yet the Govr. would now claim ye mony he has so raised and appropriated without any law as a just debt which tho the Council agree with him, etc.; yet if yielded to might prove of fatal consequences to the liberty of the people, as tending to the disuse of Assemblies, which neither this nor future Assemblies will ever agree to, conceiving it to be nothing less than the Governor and Council's raising money upon the subjects without the concurrence of an Assembly, which would amount to this, that the Governor is first to execute and then get a law to establish such execution, etc. This we apprehend to be one of the causes of the disagreemt. between the Council Board and Assemblies. Your faithful Assembly cannot but with the utmost concern represent the little care taken in the late critical juncture of affairs of the fortifications, tho' reported in that miserable state by the Committees of the Council and Assemblies, and that the Commanding Officer of Fort Charles on Port Royal refused those Committees to have a view or take any account of the powder, tho' the same be a considerable branch of the Revenue of this Island and if rightly apply'd would with the settled Revenue more than answer the contingencies of the Governmt., neither can we omit taking notice of the discouragemt. Port Royal, the only place of strength in the Island, has of late met with not only in the late appointment of and the officers there to take care of it such as a Colonel made that was then either at Barbadoes (and had been absent two years, or amongst the Windward Islands) a Lieut. Colonel that lived at least 40 miles distant and had no known place of residence in the parish of Port Royal, a Capn. of the Fort Dr. Stewart who lived 12 miles from it; and cannot be supposed to be in any respect equal to so important a charge but is intrusted with the key of the Island to answer private views which is visible by his continuing in such trust when a Lt. Colonel in H.M. service [who] now resides in the Fort as one of the Captains of the Independant Companies and must be thought a more proper commander. And we cannot help reflecting that in case this Island had been attacked etc., it must in all probability have fallen a sacrifice, and tho' piles and materials were provided at great expence to the country to carry on a new line which would be the most defensive piece of fortification about Port Royal and then adjudged necessary by the Assembly as also by that good officer Capt. Hawkins, yet most if not all of the said materials are made away with, without any progress made therein. Quote messages sent by them to the Council concerning the fortifications, Dec., 1715. Continue:—Private interest was the chief if not the only inducement to procure Independant Companies to be form'd after the reducement of Col. Handyside's Regimt. which will best appear, not to mention the advantage of disposing of Commissions by the discharging from the said Company's tradesmen and others for very considerable sums and granting furlows upon terms of allowing your Majy's. pay and the country's subsistance (when paid in money) together with a benefit of receiving the men's pay in sterling money, in lieu whereof the soldiers received only current mony of Jamaica wch. is a loss to them 30 or 35 p.c. It is with the highest reluctance your faithfull Assembly approach your sacred Maty. with their complaints at a time when your Kingdoms are disturb'd by intestine and unnatural rebellions etc., but doubting when we may have another opportunity of acquainting your Majesty that our usual privileges, libertys and property are violated, our whole body contemptibly treated, the subjects' property invaded, the cour(s)e of justice obstructed and Acts of Parliament broke through by H.E. and a dispensing power of laws assumed, and this at a time when we believ'd ourselves for ever secured by your Majesty's happy accession in our religion and in our property and once more rescued from the most imminent danger of having them depend on the courtesy of a Popish Pretender. Your faithful Assembly out of the highest duty and deference to your Majesty's most gracious recommendation to make an honourable provision for the Revenue and for the discharging all publick debts, and also to provide a necessary subsistance for the two Independant Companys and to answer your Matj's. Royal intentions in peopling this your Majesty's Island us'd their utmost endeavours to comply, etc. Enumerate titles of bills passed.
158. xi. (b) Address of the Assembly of Jamaica to the King. Dec. 31, 1715. Assure H.M. of their loyalty and present preceding representation in reply to H.M. letter, "expressing his great concern that there had not been good agreement so necessary in Assemblys for publick happiness" etc. Signed, J. Blair, Speaker. The whole endorsed, Recd. Read 19th May, 1716. 22 pp.
158. xii. An account of the maladministration in Jamaica during the Government of Lord Hamilton (sic). Repeats parts of preceding. (2) There being several of his first Assembly in debt, in order to engage their votes, he allowed a priviledge for two years against any suits etc. He obtained an address from them to himself for trading with the French, which he had before writ to the French governor to settle, sent an Agent (whom he has since made one of ye Council) to Hispaniola to negotiate a destructive commerce of sending indico and sugars to Jamaica, for a return of gold and silver, which was continued privately ever since, tho' subsequent Assemblys have pass'd two Acts to prohibit it. To inrich his favourites and himself he prevail'd with those priviledged persons to pass a law annul all wills and testaments by preventing any executor to act without giving security to the value of the estate, whereby no wills cou'd be performed by the persons intrusted by the testator, and the Governor was then at liberty to grant administration to whom he pleased. To make himself independent of all future Assemblys, 'twas sollicited by his favourites that an Act shou'd pass for a perpetual duty, the ill tendency of which was perceiv'd by all the men of fortune in the Assembly, who rather than be in perpetual bondage, unanimously absented themselves, which occasion'd a dissolution. (3) The steps taken for a second Assembly were to get the then and present Attorney General to write circular letters to caution those who had Chancery suits not to vote against the Governor's friends (the Governor being Chancellor). Directions were given in the Governor's name whom to choose, and in order to prevail for the poorer part of the first Assembly, the votes of the first Assembly were counterfeited by the Attorney General, and other votes framed to shew how good patriots the aforesaid priviledged members were, but all the men of estates having had a tast of the pernicious designs of the Governor and his favorites, and how dangerous it may prove shou'd the poorer part of the Island become its Representatives, exerted themselves and were chose by great majoritys, and as they had most to lose, prepar'd remedys against the French trade etc., ut supra. (6) The Governor assumed the whole legislative power by dispensing with the positive law, whereby a sum of mony was rais'd and appropriated to particular uses, and there being a sum of £8000 in a certain Commissioner's hands nam'd for that purpose by the Act, who with two suretys executed a bond to her late Majesty for his accounting with the Assembly for such mony as he shou'd receive, he was imprison'd until he paid the said £8000 to the Governor's orders, and his bond was by the Attorney General cancell'd, in pursuance of a warrant from the Governor tho' the bond was given for the use of the Assembly, these acts of arbitrary power and oppression were attended with suspending for some days the Secretary of the Island from the Office of Clerk of the Council only for refusing to cancel or tear the said bond which was lodg'd in his office. (7) The Governor has allow'd the French and other foreigners to trade in the Island under colour of supplying themselves with necessarys and the better to cover the breach of the Navigation Laws, the goods so sold by the French are enter'd as imported from Great Britain etc. The Governor has in express words under his hand refused to comply with the Acts of Trade, against the advice of the late Attorney General. (8) He has suspended the President of the Council because he assented to a bill which the Governor did not like. To prevent freedom of speech, he constantly sits in Council whilst they are considering of laws, wch. he has no right to do, but he thinks his presence will be a check on those he can remove at pleasure, and by this influence he plays one branch of the constitution against the other, and to skreen himself he never fails consulting the Council tho' in things quite foreign to their province. Among several instances of this manner of undermining the liberty of the subject, one happen'd in an Order that the present Attorney General advis'd the Governor to in favour of the old priviledged members whereby no person was to sue in Chancery unless oath was made by the plaintiff of the truth of his bill, by which means the merchants in London and infants cou'd never sue; and this Order had the sanction of the Council; the other was calling a member of the Assembly to an account for words spoke in the Assembly, and a third may be look'd upon as extraordinary wch. was that the Council charg'd it as a misdemeanor in any person to endeavour to obtain any favour from the Crown but through the Governor, by which 'tis observable how dangerous it is to give a Governor a power of suspending the Council to prevent which they must always chime into his time. (9) By a law of the Island every ship arriving in Jamaica is to lodge such a quantity of gun powder in the Fort at Port Royal for the use of the country, which the Governor wou'd never consent to be accounted for, but has receiv'd the profits of, as he has several sums of mony arisen by seizures on the Acts of Navigation wch. he has not accounted for, etc. (10) The Governor was not contented to have several of the Council remov'd, but has protected those who voted in elections to his mind even to the interruption of the course of justice as appears by a letter under his hand forbidding any molestation whatsoever to such and such persons, a priviledge that the Kings of England are never advis'd to exercise, every man by law having a right to seek a remedy for an injury done, wch. the Governor of Jamaica has dispens'd with in this instance, and wch. is not the first he tamper'd in, having before then commanded the Judges of the Island to set at liberty a person (tho only found guilty of man slaughter) yet who was directed by all the Judges to be convicted of murder and the Judges in such case having by law a power of remanding the prisoner to goal, were interrupted by a special direction from the Governor. There are several other miscarriages that might swell this into a volume, and wch. are declin'd here, on a presumption that those already mention'd are sufficient to intitle the people of Jamaica to H.M. most gratious interposition in their favour. 14 pp.
158. xiii. Peter Heywood to Mr. Secretary Stanhope. Jamaica, Feb. 28, 1715. Encloses following. "I have upon all occasions, to the utmost of my power supported the interest of King George's sacred person and family," etc. Signed, Peter Heywood. Copy. 1 p. Enclosed,
158. xiv. Mr. Peter Heywood's speech to the Council, arguing in favour of passing the Bill sent up for appropriating several sums already raised for the subsistance of H.M. soldiers, and discharging publick debts. Feb. 7th, 1715. Signed, Peter Heywood. Copy. 5¼ pp.
158. xv. Further remarks by Mr. Heywood in Council, on preceding. Feb. 26, 1715. This bill was to appropriate money already raised and lodged in a Commissioner's hands (Anthony Major), by a former Assembly, to be appropriated as it, or a future Assembly, should think fit. It is appropriated for nothing but what was absolutely necessary, to provide for the soldiers, pay the servants of the House, and the debts wch. the honour of former Assemblys stood bound for, and lastly a positive sum of £3000 to be thrown into the King's Treasury, etc. I have been in the Council 26 years and never disobliged any Governor or Council, although I have not at all times hit in opinion with them, for I always thought that the King in his Instructions to the Governor permitted the Council to have freedom of debate, and that they have the liberty of giving their votes as their judgment directs, without lying under the displeasure of the Governor and being suspended by him and the majority of the Council (wch. no Governor but may be always secure of) etc. Signed, Peter Heywood. Endorsed, Recd. Read 19th May, 1716. 4½ pp. [C.O. 137, 11. Nos. 16, 16 i.–xv.; and (without enclosures) 138, 14. pp. 415–419.]
May 19.
Whitehal.
159. Council of Trade and Plantations to Mr. Secretary Stanhope. Enclose following. "We shall without delay send you the draught of Instructions," etc. Autograph signatures. 1 p. Enclosed,
159. i. Draught of H.M. Commission revoking the Commission of Governor Lord A. Hamilton, and appointing Peter Heywood Commander in Chief of Jamaica, till H.M. further pleasure be known, and investing him with all the powers specified in the Lord Archibald's Commission, etc. [C.O. 138, 14. pp. 420–423; and (without enclosure) 137, 46. No. 15.]
May 20/31.
Rio Essequebe, op't Luys Naby.
160. Commandant Vanderheyden Rézen to the Directors of the Dutch West India Company. Signed, Pr. Vanderheyden Rézen. Endorsed, Read 20th Oct., 1716. Dutch. 2¼ pp. [C.O. 116, 21. No. 150.]
May 21.
Whitehall.
161. Order of Council. Approving draught of following warrant. Signed, Edward Southwell. Endorsed, Recd. 8th, Read 16th Jan., 1716/17. 1 p. [C.O. 137, 12. No. 35; and 138, 15. pp. 185, 186.]
May 21.
St. James's.
162. H.M. Warrant appointing Peter Haywood, Governor of Jamaica and removing Governor Lord A. Hamilton from that office. Countersigned, James Stanhope. Copy. [C.O. 5, 190. pp. 339–341.]
May 21.
Whitehal.
163. Mr. Popple to Mr. Pringle. Encloses following, to be laid "before Mr. Secretary Stanhope, that he may be appriz'd of them before the Board wait on him on Wednesday morning next." Annexed,
163. i. Draught of H.M. Instructions for Peter Heywood, Commander in Chief of Jamaica. Embodies directions for seizing the Governor and those concerned in piracies, and their effects, etc., given by Mr. Stanhope, May 19. For Councillors, v. May 24. Concludes:—Notwithstanding that by our Commission to you we have vested you with all the powers in our Commission to Lord Archibald Hamilton, it is nevertheless our will and pleasure, that you, or the Commander in Chief for the time being, do forbear to pass any Acts but what are immediately necessary for the peace and wellfare of the said Island without our particular order for that purpose, etc. [C.O. 138, 14. pp. 423–428; and (without enclosure) 137, 46. No. 16.]
May 21.
Whitehall.
164. Mr. Secretary Stanhope to the Council of Trade and Plantations. H.M. having thought fit to remove Lord Archibald Hamilton from the Governmt. of Jamaica, and judging it also necessary for his service, that there should be a new Council constituted for that Island, you are to inquire who may be the proper persons to make up this Council, and report your opinion for H.M. directions thereupon. Signed, James Stanhope. Endorsed, Recd. Read 21st May, 1716. 1 p. [C.O. 137, 11. No. 17; and 138, 14. p. 428.]
May 23.
Virginia.
165. Lt. Governor Spotswood to the Council of Trade and Plantations. Abstract. Sends Minutes of Council by Dr. William Cocke, Secretary of the Colony, whom he recommends for his good services. Hopes that the new seal will be smaller and so more suited to the needs of the country. Many things pass under the present seal, scarcely smaller than the Great Seal of England, for a fee of 20s. which hardly pays for the wax. Mr. Cocke takes with him a transcript of the laws, referred to in former letters (1713), in order to be printed. As a return for their pains, hopes that the Secretary and Attorney General, Clerk of the Council and Judge of the Admiralty, whom he appointed to draw up a body of the laws in force, may be granted the benefit of the impression for a term of years. Repeats complaint of ingratitude of S. Carolina Government (v. C.S.P. Oct. 24, 1715), who have not fulfilled any of their promises of pay and cloathing etc. to the Virginian forces who rendered them such signal service, but have sent them back naked and penniless, for which he is held responsible. Asks to be allowed to relieve them out of the quit–rents, until S. Carolina does them justice etc. Signed, A. Spotswood. Endorsed, Recd. 23rd July, Read 17th Aug., 1716. 4 pp. Printed Va. Hist. Soc. Coll., Spotswood Papers, II. 251. Enclosed,
165. i. Copy of Address from the Lt. Governor and Council of Virginia to the King. With hearts full of joy we congratulate your Majesty upon the happy success of your counsells and arms, in extinguishing an unnaturall warr, raised in Great Britain by those rebellious subjects, who by promoting the interest of a popish Pretender, would have robb'd your people of the happiness they enjoy under your Government. If your Majesty's subjects of Virginia by their remote scituation have been deprived of giving assistance towards directly suppressing the late wicked rebellion, yet we humbly presume to begg that, with your faithfull subjects of Gt. Britain, we may be allow'd some small share in the honour, as we take a large one in the joy of that happy success; for we in the administration here, have not been wanting to strengthen yor. Majesty's hands by taking measures to prevent a diversion of your forces against Heathens abroad, while they were greatly needed agst. rebells at home; and having sent such sufficient and timely succours to your distressed subjects in Carolina, as have effectually helped them to recover their Province, out of the hands of the barbarous Indians, we have now rendred that assistance needless which your Majesty has been pressed to send from Europe, etc. Here your Majesty reigns universally in the hearts of all your subjects, etc. Signed, A. Spotswood; E. Jennings, Robert Carter, James Blair, Phil. Ludwell, John Smith, John Lewis, Wm. Bassett, Wm. Cocke, Nathl, Harrison, Mann Page, E. Berkley. Same endorsement. 1¼ pp. [C.O. 5, 1317. Nos. 43, 43 i.; and (without enclosure) 5, 1364. pp. 403–411.]
[May 23.]166. Robert Carey, Agent for the Virginia Indian Company, to the Council of Trade and Plantations. Prays to be heard in a fortnight's time in support of the Virginia Act for the better regulating the Indian trade, etc. Endorsed, Recd. 23rd, Read 24th May, 1716. 1 p. [C.O. 5, 1317. No. 32; and 5, 1364. pp. 372, 373.]
May 24.
Whitehall.
167. Mr. Popple to Mr. Carey. Reply to preceding. Encloses copy of opponents' memorial for an answer as soon as may be, that a day may be appointed for hearing both sides, etc. [C.O. 5, 1364. p. 374.]
May 24.
St. James's.
168. H.M. Warrant appointing Thomas Reynolds and his son Francis, to hold by themselves or deputy, during their lives and the life of the longer liver of them, to the office of Provost Marshall General of Barbados, and revoking the patent of William Forbes. Countersigned, James Stanhope. Copy. [C.O. 5, 190. pp. 341, 342.]
May 24.
Whitehal.
169. Council of Trade and Plantations to Mr. Secretary Stanhope. Reply to May 21st. We have consulted several merchants and others concern'd in the Island of Jamaica, and humbly propose the following may be constituted H.M. present Council, vizt. Peter Heywood, Charles, Chaplin, Francis Rose, John Peck, Valentine Mumby, John Blair, William Broderick, James Risby, Ezekial Gomersal, John Willis, Thomas Beckford, and George Bennet. Memdm. Upon enquiry at the Secry's. Office Mr. Popple was inform'd that in the Instructions sign'd by H.M. the name of Jno. Willis was left out and that of Thomas Bernard inserted next after Valentine Mumby. Autograph signatures. 1 p. [C.O. 137, 46. No. 17; and 138, 14. p. 429.]
May 24.
Admiralty Office.
170. Mr. Burchett to Mr. Popple. Asks for instructions for Capt. Jno. Hagar, H.M.S. Rochester, appointed to go to Newfoundland, etc. Signed, J. Burchett. Endorsed, Recd. Read 24th May, 1716. Addressed. 1 p. [C.O. 194, 6. No. 15; and 195, 6. p. 268.]
May 24.
Virginia.
171. Lt. Governor Spotswood to the Council of Trade and Plantations. Abstract. Has suspended the auditor of the Revenues for many breaches of his duty, and expects that he will be attacked by his numerous kindred in the Council and the country. He has already been branded by Mr. Ludwell and his adherents, who set up as patriots, for endeavouring to oppress the people by extending the prerogative of the Crown, as in the case of the law he has got passed for due payment of quit-rents, etc. They envy H.M. the profits of his own revenues, and look upon all persons not born in the country as foreigners, and seem to allow no jurisdiction but what is established by laws of their own making. Happily there are but few persons of figure of this stamp. The bulk of the country is free from that infection. Appeals to his record, the beneficial results of his lawful measures and the justice and protection of the Board. He would have suspended Mr. Ludwell from the Council also, for his constant opposition in the matter of the quit-rents and regulation of the accounts, his stirring up the people before the last election of the Burgesses, tampering with the most mutinous of that House and betraying to them the measures resolved on in Council, but by his new Instructions that power is transferred to the majority of the Council. As there are no less than seven of Ludwell's relations in the Council, it is impossible to get a majority to consent to the suspension of him or any other of that kindred. Criticises that Instruction. Has been obliged to enter into a lawsuit with Mr. Ludwell concerning his encroachments upon the lands set aside for the Governors, and asks for an opinion on the case. In spite of his conciliatory efforts, Mr. Ludwell, who makes it a merit to oppose all Governors, has grossly affronted him over this matter. Asks that he may be visited with some mark of H.M. resentment. Signed, A. Spotswood. Endorsed, Recd. 25th July, Read 17th Aug., 1716. 8 pp. Printed, Va. Hist. Soc. Coll. Spotswood Papers, II. 163. Enclosed,
171. i. Observations upon the mismanagement of the King's Revenues of Virginia, with the Lieutenant Governor's charges against the Deputy Auditor, Philip Ludwell, for fraud and mismanagement. Ludwell was the principal adviser of the Assembly's Address to the King for H.M. surrender of his whole quit-rents, falsely affirming that H.M. predecessor had made an absolute promise thereof to the country, etc. Signed, A. Spotswood. Same endorsement. 8 pp.
171. ii. State of the case Rex v. Philip Ludwell in the matter of the Governor's land. Same endorsement. 4½ pp.
171. iii. Report of the Officers of the Revenue to Lt. Governor Spotswood upon the sources of the Revenue and the manner of auditing and keeping the accounts. Signed, Phil. Ludwell, Auditor, Nathl. Harrison, Dty. Recr. Genll. 2¼ pp.
171. iv. Remarks upon preceding (? by Lt. Governor Spotswood). Endorsed, Recd. 25th July, Read 17th Augt., 1716. 5 pp.
171. v. Proclamation notifying the repeal of the Act declaring who shall not bear office, etc. Williamsburgh, 20th April, 1716. Signed, A. Spotswood. Endorsed as preceding. 1 p.
171. vi. (a) Account of Francis Lightfoot, Naval Officer, of the 2s. per hhd. for the upper part of James River, 20th April–20th Oct., 1715. 2½ pp.
(b) Auditor's certificate of preceding. Signed, Phil. Ludwell. ½ p. The whole endorsed as preceding.
171. vii. Copy of Minutes of Council of Virginia, Dec. 8, 1714, directing the method of collecting the Revenue. Same endorsement. 2 pp.
171. viii. The Receiver General's account of the Revenue of 2s. per hhd., 20th April–25th Oct., 1715, Totals; Receipts, £1514 3s. 1½d. Expenditure, £3513 5s. 4½d. Same endorsement. 1 p.
171. ix. Receiver General's account of H.M. quit–rents in Virginia, 1714. In detail. Totals, acres, 97,715. Money received, £63 5s. 4d. Aronoka tobacco, 8284¾lb. Sworn before Phil. Ludwell, Auditor, Nathl. Ridley, Sher. Same endorsement. 1 large p.
171. x. Auditor's Certificate approving preceding. Signed, Phil. Ludwell, Auditor. ½ p.
171. xi. Receiver General's account of quit-rents of Virginia, 25th April, 1714–1715. Totals, Receipts £2298 17s. 9¼d. Expenditure, £1276 11s. 9¾d. Same endorsement. 2 pp. [C.O. 5, 1317. Nos. 44, 44 i.–xi.; and (without enclosures) 5, 1364. pp. 413–430.]
May 25.
In Harrises Court in Brooke Street, Radcliff.
172. Thomas Coram to the Council of Trade and Plantations. Prays to be heard against the passing of an Act lately passed in the Massachusets Bay for erecting a light house on that coast, etc. One of the most material matters necessary for the preservation of ships comeing in and out on that coast is wholy neglected in the said Act, etc. Signed, Thomas Coram. Endorsed, Recd. 25th May, Read 1st June, 1716. Addressed. Sealed. 1 p. [C.O. 5, 866. No. 86.]
May 25.
Nevis.
173. Governor Hamilton to the Council of Trade and Plantations. Repeats 30th April. Continues:— I am now returned from St. Christophers in a sloop, and my friends in Antigua have offered £100 for a merchant ship to fetch me to that Island where H.M. servis requires my presence, by this your Lordships will see and judge the difficulty I am put to for want of a man of war, which I hope your Lordships will so recommend that if there is not one alreddy sent, it may be forthwith done and that such orders may be given to the Captaines that they may not be left at liberty to leave the station at theire owne pleasure. Martha Assaillie (v. 30th April, etc.) came from Guardaloop the day I came from St. Christophers (but being informed that the Attorney Generall was issuing a warrant out against her for haveing had, and destroyed a bastard child some years ago, in this Island, for which shee then fled first to St. Eustatia belonging to the States Generall, and afterward for England) I tould her the Attorney Generall had something to say to her, upon which shee withdrew, and hearing of the warrant, shee is againe fled, etc., I suppose againe to St. Eustatia, etc. Mr. Cunynghame is com to a better temper, and was running out Madame D'Salenave's plantation by the sworne Surveyor when I came away for wch. I shall pass him a patent according to H.M. order and the report of the Surveyor. I shall embarke by the first safe conveyance for Antigua where shall waite your Lordships' command, etc. Signed, W. Hamilton. Endorsed, Recd. 27th July, 1716, Read 5th April, 1717. 3 pp. [C.O. 152, 11. No. 52; and 153, 13. pp. 6, 7.]
May 27.
Whitehall.
174. Order of Council. Approving Instructions for Peter Heywood (v. May 21). Signed, Edward Southwell. Endorsed, Recd. 8th, Read 16th Jan., 1716/17. ¾ p. [C.O. 137, 12. No. 35; and 138, 15. p. 186.]
May 28.
Whitehall.
175. Mr. Secretary Stanhope to Governor Heywood. H.M. having thought fit, upon the complaints made agst. Lord Archbald Hamilton to remove him from the Government of Jamaica, this accompanies H.M. Commission to you, and his Instructions to yourself and Council named in them, whereby you are to manage your selves, and which H.M. doubts not but you will pursue with that probity, zeal and application that H.M. service, the peace and quiet of the Island, and the benefit and interest of H.M. subjects, require, as you are to expect from hence all the necessary encouragement and support in the discharge of your duty. As by H.M. Instructions you are directed to make inquiry into the conduct of the Governor in relation to any concern he may have had in the late unjustifiable practices, I am commanded by H.M. to acquaint you that this Instruction is so to be understood, as that no enquiry is to be made into the conduct of the said Lord Archbald, nor any resolution taken in relation to him, in pursuance of the said Instruction, but what is done by the Governor and Council joyntly in Council, and determined by the majority thereof, and this you are to communicate to the Council, that you and they may regulate yourselves accordingly. Signed, James Stanhope. Annexed,
175. i. H.M. Instructions to Governor Haywood. St. James's May 28, 1716. With these you will receive Our Commission, etc. You are to govern yourself by the Instructions given to the Lord A. Hamilton, etc. The Council to consist of Peter Haywood, Charles Chaplin, Francis Rose, John Pecke, Valentine Mumby, Thomas Bernard, John Blair, William Broderick, James Risby, Ezekiel Gomersal, Thomas Beckford, and George Bennet. Continues: And whereas it has been represented to us, that contrary to our said Instructions and in defiance of the publick faith which is engaged for the observation of the several Treaties concluded between our Crown and that of Spain, divers Commissions have of late been issued out by the Governor Lord A. Hamilton to particular persons, who under the covert of these Commissions have been guilty of the greatest abuses, by committing of robberies and pyracies in the Gulf, and on the coast of Florida and elsewhere; and we having had this matter under our consideration, and judging such abuses highly derogatory to the honour of Our Crown, contrary to the faith of our Treaties with Spain, and highly prejudicial to the interests and trade of our subjects are resolved by all means to discountenance and discourage such practices by an exemplary punishment on those who are guilty to prevent the like for the future; it is therefore Our will and pleasure, that so soon as our Commission and these Our Instructions shall come to your hands, you do without loss of time make strict inquiry into such Commissions as may have been granted by Our Governor aforesaid, and into all abuses committed by any under such Commissions, especially into any robberies and pyracies committed by them upon the Spaniards in the Gulf of Florida or elsewhere, and in case it shall appear to you that the said Governor has been any ways concerned in these unjustifiable practices you are to take care that he be put under arrest and his effects seized and sent over with him by the first ship that shall come from Our Island. It is Our further will and pleasure that you give orders for seizing the persons and effects of all such as have been guilty of any robberies and pyracies by virtue of such Commissions, and that you take the first opportunity of sending them and their effects hither with such proper evidence for convicting them according to law, as you can find. And we expect that these Our Orders shall be punctually and faithfully executed by you. Notwithstanding that by Our Commission to you, we have vested you with all the powers in our Commission to the said Lord A. Hamilton, it is nevertheless Our will and pleasure that you or the Commander in Chief for the time being, do forbear to pass any Acts but what are immediately necessary for the peace and welfare of the said Island, without Our particular Orders for that purpose according to the 25th Article of Our Instructions to the said Lord A. Hamilton. Signed, G.R. [C.O. 5, 190. pp. 343–346.]
May 29.
New York.
176. Governor Hunter to Mr. Popple. The ship is under saile. Cox and his friends are expell'd the house; the House have adress'd the King, and promised to support etc. The harvest will make some interruption in the sessions, but after that and ye elections of some in ye room of those expell'd, all will be easy and well in spite of Talbot and his Church, his Champion, and his B[ishop]. Adieu I ha'nt time to say one word more but that I am all yours. Signed, Ro. Hunter. Endorsed, Recd. 27th July, 1716, Read 26th Nov., 1717. Holograph. 1 p. Enclosed,
176. i. Governor Hunter to [? Ambrose Philips, Agent for New York] New York, 29th May, 1716. To same effect as preceding. If Cox were guilty of actual treason he would be acquitted by Talbot's Church, who alone in that county can be of the petty Jury, and lately acquitted one who confessed the crime in open court. Hopes to get rid of Talbot, and then the Province will be easy. The Lt. Gov. of Pennsilvania, Gookin, is going home as Cox's Ambassador. Watch him, etc. Signed and endorsed as preceding. Holograph. 1½ pp. Printed, N.J. Arch. 1st Ser. II. 254. [C.O. 5, 971. Nos. 22, 22 i.; and 5, 995. pp. 353–355.]
May 30.
Whitehall.
177. Circular letter from the Council of Trade and Plantations to the Governors of Plantations. Having in the course of our considering the letters we have received from several Governors of H.M. Plantations, and Minutes of Council and Assembly, as likewise the Acts therewith transmitted, found that the abstracting the said Minutes and Acts in the margins, so that we might have the quicker recourse to any parts thereof, wou'd very much facilitate the dispatch of business relating thereto; we must desire you to give directions to the proper officers that for the future all Minutes both of Council and Assembly as likewise the Acts pass'd in be so abstracted in the margins. [C.O. 323, 10. pp. 93, 94.]
[May 30.]178. Petition of Col. Nicholas Laws, Francis Oldfeild, John Moore, William Bowles, William Wood and Samuel Bernard to the Council of Trade and Plantations. Memorialists to their great surprize have been informed that John Stewart, Richard Rigby, Thomas Bernard, James Archbould, John Ayscough, John Sadler and Richard Elliston are to be dismiss'd from the Council of Jamaica. For estates and abilities they are superior, in zeal for the Protestant succession at least equal, and in their public endeavours for the good of Jamaica and H.M. service, abundantly surpassing those that can succeed them. Pray that they may be continued as Councillors, or heard in their own vindication. Endorsed, Recd. Read 30th May, 1716. 1 p. [C.O. 137, 11. No. 18.]
May 30.
Phillpott Lane.
179. Henry Offley to Mr. Popple. Encloses following. All the Trade to whom I have shewn them approve my answers against the Agents Act, etc. Signed, Henry Offley. Endorsed, Recd. 30th May, Read 16th June, 1716. Addressed. Postmark. ¼ p. Enclosed,
179. i. Answers to the clauses of the Act of Virginia, for preventing frauds in tobacco payments, etc. 2¼ pp.
179. ii. Reasons against the Act of Virginia for monopolizing the Indian trade, etc. Endorsed as covering letter. 1 p. [C.O. 5, 1317. Nos. 34, 34 i., ii.]
May 30.
Whitehall.
180. Council of Trade and Plantations to the King. We have no objection why your Majesty may not confirm the Act of Virginia declaring what shall be accounted a sufficient seating, etc. [C.O. 5, 1364. p. 375; and 5, 1335. No. 196.]
May 31.
Whitehall.
181. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Enclose accounts of office expenses from Christmas to Lady Day. There is six months' salary due to this Commission and three months to the Secretary and under officers, etc. Accounts, certified, annexed. [C.O. 389, 37. pp. 120–122.]
May 31.
Cockpitt.
182. Wm. Wood to the Council of Trade and Plantations. Encloses following, which wee have given to Mr. Secretary Stanhope, etc. These papers are lodged at your office to evidence at all times that many the most considerable gentlemen of Jamaica were not advised with nor consenting to what has been so lately resolved upon in respect to the Governmt. of that Island, but opposed the same to the utmost of their power. I am further in the names of the planters, merchants and traders of Jamaica, to desire your Lordships' instances with Mr. Secretary Stanhope for staying the orders expedited on the affairs of Jamaica from going till an examination of those affairs he had before your Lordships, and upon assurance thereof, such representation as was yesterday mentioned at your Board shall be immediately laid before yr. Lordships, etc. Signed, Wm. Wood. Endorsed, Recd. Read 31st May, 1716. 2 pp. Enclosed,
182. i. Petition of the planters and merchants of Jamaica now in England to the King. The complaints against Governor Lord A. Hamilton are not well founded, but carried on by persons of small credit in Jamaica, etc. Under his administration the inhabitants have been very easy and secure. The Governor has always acted in pursuance of H.M. Instructions. If these complaints be examined, petitioners belive that your Majesty will not recall the said Governor, at least not intrust any powers with persons who we justly apprehend will involve the innocent with the guilty, and may be destructive of the Island. Or, if your Majesty remove Lord Archibald, petitioners pray that some person of honour, ability and integrity may be sent immediately to succeed him. 1 p.
182. ii. Petition of planters, merchants and others concerned in Jamaica to the King. Apprehensive that the great alterations about to be made, on suggestions unknown to most people here, may affect our properties and be detrimental to H.M. service, pray to be heard upon the present state of the Island. ¾ p. [C.O. 137, 11. Nos. 19, 19 i., ii.]
May 31.
Whitehall.
183. Mr. Popple to Mr. Burchett. In reply to May 24th, transmits following.
183. i. Heads of Enquiry for the Commodore of the Newfoundland Convoy. In the usual form, with alterations:—Head of Enquiry No. 32. What is the present state of the French trade upon the Bank and Coasts of Canada and Cape Breton, the number of their ships, boats, burthen, men, strength etc. ? Additional Instructions:— You are to take the most effectual methods for remedying the irregularitys complained of, especially those committed by the New England masters and traders (cf. March 2). As most of the disputes wch. happen'd between the Fishing ships and the inhabitants are in relation to the stages, cook rooms, etc., you are to take care that the fishing Admirals, masters of fishing ships and inhabitants in ev'ry harbour be summon'd 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 Act of the 10th and 11th K. William; and you are to transmit draughts of the sd. surveys to the Lords Commissioners for Trade and Plantations in order to the establishing a rule for determining the rights of the fishermen and planters for the future. And whereas it has been represented, that the want of a proper person to maintain order in the winter, is another occasion of great abuses; that season being a sort of respite from all observance of Law and Government; to remedy which mischief it has been propos'd that proper persons be appointed to be judges of the harbours to decide all differences in the winter during the absence of the Commodore and Fishing Admirals you are to cause inquiry to be made in the sevl. harbours, whether there be any of the inhabitants there proper to be trusted with such a power; and to transmit to the Lords Commissioners for Trade, the names of such inhabitants so qualify'd. It having been further represented, that sevl. of the French, who remain at St. Peters, Placentia etc., bring yearly not only their fishing tackle, but servants, fishermen and all sorts of goods from France, which they sell their to the prejudice of our trade from hence, and when the fishing season is over, return to France again: And whereas this practice is not warranted by the late Treatys with France; you are to inquire into the truth of the fact, and if it appear to be so as represented, you are to take especial care to prevent it by putting in execution the Acts of Trade and Navigation, and that relating to the New foundland Fishery. By the sd. Treatys with France, the French are not allow'd to erect any buildings besides stages made of boards and huts necessary for drying fish, neither is there any liberty given them to leave their boats at Petit Nore all winter. You are therefore to cause enquiry to be made whether the St. Malo men do assume to themselves such a liberty and to give an acct. of such information, as you shall receive to the Lords Commissrs. for Trade. You are further to inform yourself, whether any of the French from Cape Breton or elsewhere come in the winter to hunt and fur at Newfoundland. And whether any of the officers at the garrison at Placentia are concern'd directly or indirectly by themselves or others in the Fishery, or whether they take upon them to dispose of fishing rooms, beeches, stages etc. to any persons whatsoever, or hire out the soldiers to fish, etc. [C.O. 195, 6. pp. 269–289.]
May 16.
Whitehall.
184. Mr. Secretary Stanhope to Lt. Governor Moody. H.M. having thought fit to direct the same quantity of provisions for the use of the garison of Placentia as was sent last year, I am to acquaint you that it was not possible to make a just computation what provisions might be necessary, and to what time the provisions now sent may subsist the garison and that for want of regular accounts from you of what provisions were in store when the last were sent, and therefore to prevent this inconvenience for the future, you will take care as soon as these provisions arrive to transmit a particular accot. of what provisions are in store, and the most exact computation you can make how far the provisions now sent, with those in store, will subsist the garison according to the number of effectives, of which you are to send over muster-rolls signed, and in regard that the Agent of that garison complains that the accounts of it are in the utmost confusion, in order to the bringing them into some method, you are to transmit a list of all the Bills drawn on the accot. of provisions etc. for the respective Companys of that garison since the first establishment thereof, and how the same are to be charged, distinguishing the respective years. Signed, James Stanhope. [C.O. 5, 190. pp. 338, 339.]
May 16.
Whitehall.
185. Same to Lt. Governor Caulfield. To same effect as preceding with regard to the garison of Annapolis Royal. [C.O. 5, 190. p. 339.]