America and West Indies
November 1716

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Institute of Historical Research

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Cecil Headlam (editor)

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1930

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193-211

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'America and West Indies: November 1716', Calendar of State Papers Colonial, America and West Indies, Volume 29: 1716-1717 (1930), pp. 193-211. URL: http://www.british-history.ac.uk/report.aspx?compid=73998 Date accessed: 28 November 2014.


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Contents

November 1716

Nov. 1.367. William Byrd to Mr. Popple. Encloses following, showing that, as Receiver General of Virginia, he was a loser by advances he made for the use of the Government, for which he did not charge interest, etc. Prays that his case may be heard as soon as possible, etc. Signed, Wm. Byrd. Endorsed, Recd. Read 2nd Nov., 1716. 1 p. Enclosed,
367. i. Account of money advanced by Mr. Byrd, ut supra, 1712–1714, £2320 17s. 9¾d. for six months, showing a loss of £59 13s. 11¼d. in interest, after deducting £9 18s. 6¾d. advantage gained by him by paying small sums in Spanish money instead of sterling. ¾ p. [C.O. 5, 1317. Nos. 47, 47 i.]
Nov. 2.
Whitehall.
368. Mr. Popple to Mr. Attorney General. Encloses for his opinion in point of law Acts of Antigua, (i) for establishing a Court of King's Bench, etc.; (ii) for constituting a Court of Chancery, and (iii) to indemnify Anthony Brown and John Elliott from an agreement with George Pulleyn Carpenter for the building a church in the parish of St. Phillips, and to charge the parish with the same. [C.O. 153, 12. pp. 462, 463.]
Nov. 2.
Whitehall.
369. Same to Charles Carkesse. Acknowledges letter and account of Sept. 20th. The account the Council of Trade and Plantations have at present occasion to look into is only that of the Leeward Islands which they will be glad to receive as soon as possibly may be. [C.O. 153, 12. p. 465.]
Nov. 3.
Whitehall.
370. Same to Thomas Pitt. The Council of Trade and Plantations upon consideration of your Memorandums (v. Oct. 16 etc.) desire you will inform them of the particular instances in which the Assembly of Jamaica have assumed the executive part of the Government; and as they would give you all the dispatch possible in your business before them, they further desire you to name the particular Acts which, according to your XIVth Article of remedys, you may think necessary for the quiet and advantage of the Island to be confirm'd or disapprov'd. [C.O. 138, 15. pp. 34, 35.]
Nov. 3.
Whitehall.
371. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Enclose office accounts from Christmas to Michaelmas. There was six months salary due to this Commission at Michaelmas, and as we have been informed that the household are paid to Midsummer last, we pray your Lordships for favourable orders, etc. Accounts certified, annexed. [C.O. 389, 37. pp. 126–128.]
Nov. 5.
St. James's.
372. Lords Proprietors of Carolina to George Prince of Wales. Recommend for H.R.H. approbation Robert Johnson, appointed by them to succeed Governor Craven, whose affairs relating to his several estates do not permit him to return to Carolina so soon as the present necessities of that Government requires etc. Signed, Carteret, Palatin, Ja. Bertie for D. of Beaufort, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 290. p. 102.]
Nov. 6.373. Mr. Attorney General to the Council of Trade and Plantations. I have no objection to the laws of Nevis sent me, Oct. 31st, etc. Signed, Edw. Northey. Endorsed, Recd. 7th, Read 14th Nov., 1716. ¾ p. [C.O. 152, 11. No. 30; and 153, 12. p. 466.]
Nov. 6.374. Queries relating to Mr. Byrd's defence, put to persons at the Board, Nov. 6, 1716. v. Journal of Board of Trade. Endorsed, Recd. Read 6th Nov., 1716. 1 p. [C.O. 5, 1317. No. 49.]
Nov. 7.
Pall Mall.
375. Thomas Pitt to the Council of Trade and Plantations. In answer to Nov. 3. Were I not able to assign particular in stances in a strict liberal sence of the Assemblys assuming the executive part of the Government, the whole course of their proceedings might well justifie that expression, and whether in particular, their order to muster the soldiers, and visit fortifications by their own authority, their appointing officers to collect the money rais'd by them and makeing large appointments out of it, their refuseing to admit the Council to mend money bills or confer with them, their soliciting bill in which the whole busyness of the Government is put into the hands of a few of themselves to be transacted without the privity of the Governour and Council, their raising money by subscriptions to support that power here, with some extraordinary Acts of oppression, which appear upon the Minutes, are not some instances which amount to an assuming in good measure the executive part of the Government, I submit to your Lordships. Refers to enclosure, etc. Signed, Tho. Pitt. Endorsed, Recd. Read 7th Nov., 1716. 2 pp. Enclosed,
375. i. List of 12 Acts in force in Jamaica and not yet confirmed by the Crown. 11/8 pp. [C.O. 137, 12. Nos. 13, 13 i.; and 138, 15. pp. 36–40.]
Nov. 8.
Whitehall.
376. Mr. Popple to Mr. Pitt. The Council of Trade and Plantations, upon consideration of preceding, command me to acquaint you that all Acts pass'd by the Governor, Council and Assembly in Jamaica, continue in force there till the disapprobation of the Crown be signify'd, or that they expire by their own limitation; that the deliberations necessary upon all the Acts of that Island, mention'd in the list you inclos'd, might probably take up more time than wou'd be consistent with the public service for you to be detain'd from your Governmt.; but that their Lordships wou'd immediatly consider and report upon any of the sd. Acts, against which you may have objections, or such of them as you may think it wou'd be for the advantage of the Island, and acceptable to the inhabitants for you to bring confirm'd. And as sevl. of the said Acts may for the present continue only probationary, their Lordships doubt not of receiving further lights from you, with regard to the usefulness or inconveniencys of any of them, wch. you will be better able to judge of, after you shall have been some time upon the Island. [C.O. 138, 15. pp. 41, 42.]
Nov. 12.
St. James's.
377. Order of H.R.H. Prince of Wales, Guardian of the Kingdom, in Council. The Council of Trade and Plantations are to prepare for the Royal signature an Instruction for H.M. Governor now going to Jamaica or to the Commander in Chief of the said Island for the time being to cause Samuell Page and Walter Arlington to be examined upon the matters of which they accuse the Lord Hamilton (sic) and to be bound in a recognizance for their appearance at the King's Bench Barr at Westminster within as short a time as the distance of the place will allow in order to prosecute and maintain their accusation against him. Signed, William Blathwayt. Endorsed, Recd. Read 16th Nov., 1716. 1 p. [C.O. 137, 12. No. 14; and 138, 15. pp. 42, 43.]
Nov. 12.
St. James's.
378. Order of Prince of Wales, Guardian of the Kingdom, in Council. Referring following to the Council of Trade and Plantations, to examine the allegations thereof, and report what they conceive fitt to be done therein, etc. Signed and endorsed as preceding. 1 p. Enclosed,
378. i. Petition of Henry Thompson, on behalf of Governor Lord A. Hamilton, to H.R.H. the Prince of Wales, Guardian of the Realme, etc. Considerable sums are due to Lord Archibald from the publick on account of money advanced by him with the concurrence of the Councill for the subsistance of the soldiers and other necessary and publick uses, and also, by reason of deficiencys in the ordinary revenue, of arrears of salary. Prays that instructions may be given to the Governor now going to recommend the said publick debts to the Assembly, for procuring the payment thereof, etc. Copy. 1¾ pp. [C.O. 137, 12. Nos. 15, 15 i.; and 138, 15. pp. 44, 45.]
Nov. 12.379. Memorandum of Order in Council approving three Acts of Jamaica, relating to Mr. Somers, Mrs. Read and Mr. Murray. Endorsed, Recd. 8th, Read 16th Jan. 1716/17. ¼ p. [C.O. 137, 12. No. 37.]
Nov. 12.
St. James's.
380. Order of H.R.H. the Prince of Wales, Guardian of the Kingdom, etc., in Council. Referring Representation of 17th Aug. on petition of George Lyddall and Robt. Clayton to the Lords Commrs. of the Treasury for their report. Signed, Edward Southwell. Endorsed, Recd. 8th, Read 16th, 1716/17. 1 p. [C.O. 152, 11. No. 39; and 153, 12. p. 482.]
Nov. 12.
St. James's.
381. Order of H.R.H. the Prince of Wales, Guardian of the Kingdom, in Council. Approving of William Keith as Deputy Governor of Pensilvania, provided he qualify himself as the law requires, and give security, etc., and that Mr. Penn renew the declaration relating to the Three Lower Counties, according to the Representation of No. 356. Signed, William Blathwayt. Endorsed, Recd. 15th, Read 21st Nov., 1716. 1 p. [C.O. 5, 1265. No. 40; and 5, 1293. pp. 31, 32.]
Nov. 12.
St. James's.
382. Order of H.R.H. the Prince of Wales, Guardian of the Kingdom, in Council. Referring following to the Council of Trade and Plantations for their opinion thereupon. Signed, William Blathwayt. Endorsed, Recd. 15th, Read 21st. Nov., 1716. ¾ p. Enclosed,
382. i. Lords Proprietors of Carolina to H.R.H. the Prince Regent. St. James, Nov. 5, 1716. Upon the voluntary resignation of Charles Craven, our late Governor, his affairs relating to his several estates here, not permitting him to return to Carolina so soon as the present necessities of that Government require, we have nominated and appointed Robert Johnson to succeed him, etc. Request, H.R.H. approval, etc. Signed, Carteret Palatin, Ja. Bertie for Beaufort, J. Colleton, M. Ashley, J. Danson. Copy. 1 p. [C.O. 5, 1265. Nos. 41, 41 i.; and 5, 1293. pp. 32–34.]
Nov. 12.
New York.
383. Governor Hunter to the Council of Trade and Plantations. Abstract. Encloses accounts. The Treasurer's are in no good method neither will he put them into any other being as he pretends accountable by the Act to Governor, Council and Assembly only, so that the Depy. Auditor will not audit them unlesse he is pay'd for't for which the Treasurer has no allowance etc. I have touch'd nothing but my bare sellary and not one farthing for incidents. I'll try if I can oblige him to put them into due form and send them to the Treasury. My friends inform me that with the leave of the Ministry they have apply'd for a parliamentary reliefe for me on the palatine case. I most humbly and earnestly implore your Lorps'. patronage etc. I am just upon my journey to the Jersey Assembly at Burlington. The small pox are rageing in that place, and I am already adress'd by many of the Council and Assembly to adjourn them for that reason to Amboy. I know not what to do, for I shall not have a quorum of either at that place for the reason mention'd and can not it seems adjourn them to the other because of that Act if the plague were there, and the countrey will be in confusion about their bills of credit the currency of which expires in a fortnight's time unlesse remedy'd by an Act, the taxes wch. were to suit these bills not being as yet all paid by means of the evil influence and example of Mr. Cox and his party, etc. Signed, Ro. Hunter. Endorsed, Recd. 3rd Jan., Read 14th Nov., 1717. Holograph. 2 pp. Printed, N. Y. Col. Docs. V. 481. Enclosed,
383. i. Account of the Revenue of New York, July 1715—June, 1716. Excise and tunnage etc. £3553 10s. 1d. Signed, A. D. Peyster, Treasurer. Endorsed as preceding. ¾ p.
383. ii. Account of payments made in accordance with the Act for the support of the Government, 1715. £5694 10s. 2d. Signed, A. D. Peyster, Treasurer. Same endorsement. 1 p. [C.O. 5, 1051. Nos. 35, 35 i., ii.; and (without enclosures) 5, 1123. pp. 479–481.]
Nov. 12.
St. James's.
384. Order of the Prince Regent in Council. Confirming (i) an Act of Barbados to dock the entail on a certain plantation, etc. (v. Oct. 10).; (ii) an Act of Jamaica confirming an agreement between Olivia Reed and Nathanl. Browne etc.; and (iii) an Act of Antigua to enable Andrew Murray, and Elizabeth his wife, to alien or settle certain lands, etc. Signed, Edward Southwell. Endorsed, Recd. 8th, Read 16th Jan., 1716/17. 2½ pp. [C.O. 28, 14. No. 62; and 29, 13. pp. 350–353.]
Nov. 14.
Whitehall.
385. Council of Trade and Plantations to H.R.H. George, Prince of Wales, Guardian of the Kingdom of Great Britain and H.M. Lieut. within the same. Recommend for the Royal assent two Acts of Nevis. v. Oct. 31st. [C.O. 153, 12. p. 467.]
[Nov. 14.].386. Six bonds, taken Aug.—Oct., 1715, by Commodore Kempthorne from six New England masters of vessels obliging them, under penalty of £10 per head, not to carry from Newfoundland more men than their just complement. Endorsed, Recd. Nov. 14, 1716, Read 1st April, 1721. 6 pp. [C.O. 194, 7. ff. 24–35.]
Nov. 14.
Jamaica.
387. General Heywood to the Council of Trade and Plantations. Refers to letter etc. of Oct. 10th. Continues:—Herewith I send the copy of an Address from the Assembly, to desire my removing Thomas Bernard Esq., from being Chief Justice. I cannot help saying with them that he has endeavoured all that lay in his power to obstruct all publick buisness, not only, by what he has said in Council, but by insinuating amongst the people, that the calling the Assembly is contrary to law, and all Acts made by them are illegal. These are the first principles of the five gentlemen of the Board wch. I gave you account of Aug. 11th, one of which, William Brodrick Esq. went off with Lord Archbould Hamilton, and two others John Peake and Valentine Mumby are dead so, here only remains two of that cabal, Fra. Rose and Thoms. Bernard Esqs. the last of which, would not give his vote for the passing one Act, either for raising money, or the others, only to the one privat Act for John Williams etc., notwithstanding he very well might see that the soldiers must either mutiny, or perish for want. The Treasury still continue under its anticipations, and run further in debt, and no provition made for the bringing over people according to H.M. directions, for the peopling the Island. Coll. Rose likewise gave his opinion for passing that private Act, and for only one or two others, but not for the bills for putting money into the Treasury, bringing over white people to settle ye Island, or to the bill wherein ye officers and soldiers are provided for. It is not possible for me to get the Acts copyed to send home, but I herewith send a copy of the titles of the Acts, and the heads of what they contain, in which you will find some paragraphs or clauses taking away from the Governour the power of pardoning, entering vacats and non vult ulterius prosequi to actions grounded, or to be brought on the said Acts, but I humbly take leave to observe to you that the Acts in which the paragraphs are, are money bills, to wch. the Assembly would neither allow amendments, nor alterations, nor would they pass them without those clauses and paragraphs, by reason, the late Governour and Council had taken away the country's money (that was appropriated) out of their Commissr's. hand, and applyd it as they thought fitt, and pardoned the defacing and cancelling the bond entered into by such Commissioner to the King in trust for the subject, on which bond they also order'd a vacat to be enter'd by William Brodrick Esqr. H.M. Attorney General. The exigencies of the Government, and the King's being no farther concerned, then for the benefit of the subject made me consent to the passing of the said laws, and as to the clause that relates to Mr. Knights who had the money from Mr. Major the administrator to the country's late Commissioner, and applyd it to other uses, then the Law, by which it was raised apply'd it, I have seen the opinion of Sr. Edwd. Northey etc., that Mr. Knights was by law answerable for the said money, if so, that clause being only declaratory of the Common Law, and not introductive of any new law, but only giving a penalty, if he do not refund the money in the time limitted, I hope I have made no breach of H.M. Instructions in my consenting to them. The only two persons, myself and the Council thought fitt to send home to give evidence against Lord Archbould Hamilton, were Thomas Bendysh Esq. and Capt. Jonathan Barnett, the former is underwrit in the Secretary's office for £1, 100, by persons, who made good proof of their debts, and the latter is underwrit for £150, so that no master of a ship can carry them off, unless they have a tickett from me, without forfeiting his bond, and by the Laws of this country I cannot give them a tickett before their debts are satisfyed, so that what to do in these cases, we do not know, but must wait H.M. further directions therein. The sloop in which the Spanish nobleman came in here was by the Court of Admiralty condemned as the goods of pirates, and it appeared to me and the Council, yt. altho' she had formerly belonged to pirates, yet the owners of her when she came in here, was not a pirate, but had bought her at a third hand, and yt. her coming hither was occasioned by that noble Spaniard, who in his distress at Keymanos had sent hither by a boat for a vessell to carry him for Porto Vella in order to go to his Government, and engaged his word and honour to defray all charges in and about sending him such a vessell, but before any answer reacht him from hence, this small sloop coming to him, he thought fitt to proceed in her taking this Island in his way in order to discharge his word and honour so engaiged as aforesaid, which occasioned me with the unanimous advice and consent of the Council in order to cultivate the good understanding that was between both Crowns, in H.M. name to compliment the Spaniard with her, she being of very little or no value. I hope in a week's time the house will desire a recess, which I shall grant, and I presume to tell you that there never was an Assembly in this Island so unanimous in all their votes and resolutions, and I think I may dair to say that the Island in general was never under greater tranquility, the number of Councellors now here are only seven vizt. Charles Chaplin, Frans. Rose, Thoms. Bernard, John Blair, James Risbee, Thoms. Beckford and George Bennet Esqrs. By H.M. Instruction I am commanded to send home the names and characters of twelve persons that I esteem the best qualify'd in ye Island to serve H.M. in the Council, which I humbly do, etc. (1) James Heywood, is my only son, etc., a gentleman of as great honour, integrity and good sence as any man in the Island, and his own estate little inferiour to most of the best, etc. (2) William Nedham is the present Chief Justice upon Thomas Bernards, Esq. being laid by upon an Address from this Loyal Assembly, he is a gentleman of good sence, and a good estate, and lives generally in the town St. Iago de la Vega. (3) Whitgt. Aylmore, a gentleman of good understanding, and I think clear of debt, etc. (4) Richd. Aldebourgh, a gentleman of good understanding and a good estate, etc. (5) John Marshall, a gentleman of plentifull estate, etc. (6) James Rule, a very honest worthy gentleman of good estate, etc. (7) John Wyllys, a mercht. in Kingston, accounted a very honest, loyall gentleman, and of good substance. (8) John Lewis, a mercht. in Kingston, a person of very good buisness, good understanding known loyalty and great sobriety, etc. (9) Edwd. Pennant, a gentleman of very good understanding and loyalty, with two or three very good estates, etc. (10) John Chaplin, a very honest gentleman, has estates in Ligonea and Port Royal, etc. (11) John Clark, Col. of the Wyndward Regt., well beloved for his hospitality and great services against the French and rebellious negroes, etc., about 70, and lives at too great a distance to come to Council upon every occasion, etc. (12) Richd. Bathurst, Col. of the North side Regimt., a very worthy honest loyal gentleman, has a very good estate but lives at a distance, etc. These gentlemen live the nearest to the seat of Governmt. and can be the soonest got together, etc. I would have named James Knights ye Receiver General, but I am of opinion that no Gentleman of ye Council, ought to have either that or any other office, having experience of the inconvenience in Mr. Rigby's being Provt. Marshall, and Deputy Secry. and one of the Council at ye same time I hope not to see the like again. I likewise herewith send home the Minutes of the Council to ye 10th of this inst. from the date of ye last I remitted, etc. Signed, Peter Heywood. Endorsed, Recd. 6th, Read 7th Feb., 1716/17. 3 pp. Enclosed,
387. i. Address of the Assembly of Jamaica to Peter Heywood Captain General, etc. We H.M. most dutifull and loyall subjects beg leave to lay before your Excellency some of the many illegal unwarrantable and arbitrary proceedings of the late Council such as, illegally imprisoning H.M. subjects, assuming to themselves a power of appropriating money for an additional subsistance to H.M. Officers and soldiers under pay in this Island without any law to justity such their proceedings. And notwithstanding H.M. favour in appropriating [sic] a new Governour, the present Chief Justice, and the others of the late Council that H.M. was pleased to continue in, did violantly oppose the calling an Assembly when the exigences of the Government so much acquired [sic] it, and for no other reason as we can conceive than that such their illegal proceedings might not be inquired into. We shall not presume to request from your Excellency the imediate displacing of the three Gentlemen of the new Council for opposing so strenously the measures taken by your Excellency for the good of this Island and answering H.M. Instructions not doubting but if your Excellency thinks it consistent with H.M. honour and service you will be pleased to do the same but we most humbly hope that as your Excellency has been pleased in some measure to discountenance such arbitrary proceedings by displacing them in the militia, and some civil commissions, so you will be pleased also to remove Thomas Bernard Esq., from the office of Chief Justice, a place of that trust and importance which we cannot conceive one of his principles and conduct can be anyways equal to. And we must beg leave further to desire that your Excellency will be pleased to lay before H.M. and his Ministry the conduct of the said Gentleman and others of the Council who have as well since, as before the displacing of the late Governour used their utmost efforts to obstruct all publick buisness proposed in Council for H.M. service and the benefit of this his Island, which could be for no other view but to support the arbitrary and impresidented practices committed by such evil Councellors. We beg leave also to assure your Excellency that the removing those gentlemen from the Council will be a further instance of H.M. most gratious condescention and goodness to this Island, which we shall alwayes retain in a just and dutifull sence of. And whilst your Excellency has your eyes upon the Bench, we humbly hope you will be pleased to remove Anthony Swymmer Esq., a person of too loose and atheisticall principles for so important a station. 25th Oct., 1716. Signed, Pe. Beckford, Speaker. Endorsed as preceding. 1 p.
387. ii. List of 9 Acts passed in Jamaica, 1716. Same endorsement. 1 p. [C.O. 137, 12. Nos. 38, 38 i., ii.; and (without enclosures) 138, 15. pp. 188–200.]
Nov. 15.
Whitehall.
388. Mr. Secretary Methuen to the Council of Trade and Plantations. Encloses following. It is H.R.H. pleasure, that you report your opinion concerning the nature of the trade complained of, and of the methods you judge may be most proper and effectual to take in order to prevent it, if it should be thought reasonable. Signed, P. Methuen. Endorsed, Recd. 17th Nov., 1716, Read 12th July, 1717. 1 p. Enclosed,
388. i. Marquis de Monteleon to Mr. Secretary Methuen. London, 7th Nov., 1716. It has been one of the chief cares of the King my Master since the conclusion of the Treaty of Utrecht, to remdedy the abuses which were crept into the commerce of the Indies, by a clandestine trade which several forreign nations carried on there, to the great prejudice of Spain, etc. By the informations sent by the Viceroy of Mexico, and the Governor of the Province of Tavasco, it appears that the subjects of his B.M. are come to the Lake or Marsh of Terminos, and have in some manner settled themselves there; and that they make an advantage of it, against all law, by cutting with impunity the Campeachy wood, which is made use of in dieing, and of which they have carried away in one year only more than 100,000 quintals: the said Viceroy and Governor have proposed to the King my Master the proper means to dislodge them from these places; but H.M. being willing on all occasions to give marks of an inviolable attachment to the King of G.B. would not send them his orders before that he had given him notice of it, H.M. not doubting but that according to all the Treatys of Peace, and particularly the last made at Utrecht, in which it is stipulated that the lands or other places which had been taken in the Indies during the warr, should be evacuated, he would oblige his subjects who are come to the said Lake of Terminos to leave it immediately, and to give positive orders to the Governor of Jamaica, and the other Islands belonging to the English, not to suffer that the least trade be carried on to that place for Campeachy wood, inflicting severe penalties on those who shall violate the said orders, and to declare that if in the space of eight months they do not leave the Lake of Terminos, they shall be looked upon and used as pirates, etc. I begg your Excellency's answer to an affair, which of itself and with regard to other abuses and inconveniences is of the greatest consequence. Signed, Monteleon. Translation. 3¾ pp. [C.O. 137, 12. Nos. 47, 47 i.; and 138, 15. pp. 258–262.]
Nov. 15.
Whitehall.
389. Mr. Popple to Mr. Carkesse. Encloses extract from Mr. Cumings' letter, Aug. 2nd, and desires to know, "whether there be any law which prohibits the goods of Dutch, French, Danish, or other foreign Plantations being imported into any of the British Plantations." Encloses extract of same letter and Act of the Massachusets Bay relating to the fees of the Custom House Officers. The Council of Trade and Plantations "desire the opinion of the Commissioners of Customs with all convenient speed, as to the reasonableness of the said Act, and Mr. Cumings's proposal relating to his own fees, as likewise how far the proposal that the fees of all the Custom House Officers in H.M. several Plantations in America be regulated here, is practicable, or may be of publick advantage." [C.O. 5, 915. pp. 14, 15.]
Nov. 15.
Whitehall.
390. Same to Sir E. Northey. Encloses extract from Mr. Cumings' letter, Aug. 2, relating to the recovery of penalties upon the Act relating to the wooll of the Plantations. The Council of Trade and Plantations desire to know what Act it is he mentions, and your opinion as to the right which the Courts of Common Law there may have to prohibit the proceedings in the Court of Admiralty relating to such forfeitures, and whether any and what explanation is necessary upon any of our Acts of Parliament in that particular relating to wool. [C.O. 5, 915. p. 16.]
Nov. 16.
Boston.
391. Mr. Dudley to [? Mr. Secretary Stanhope]. Returns thanks for having named Mr. Dummer, his son in law, as Lt. Govr. The King has for ever endeared himself to his loyal subjects by appointing Col. Shute Governor. Having lived to see H.M. triumph over his enemies, is content, etc. Printed, Mass. Hist. Soc. Coll. IV. Ser. II. 308. Signed, J. Dudley. 1 p. [C.O. 5, 898. No. 21.]
Nov. 16.
N. York.
392. Governor Hunter to Mr. Popple. Jeffers by whom I send my letters is under saile. I have just receiv'd from the Ch. Justice at Burlington the original of this inclosed copie which I beg you'll shew to their Lodsps., for since Mr. Cox is gone to London there is nothing will be left undone there to blacken my administration seeing he fail'd of weakening it here. Signed, Ro. Hunter. Endorsed, Recd. 4th Dec., 1716, Read 9th Jan. 1716/17. Holograph. 1 p. Enclosed,
392. i. Daniel Cox to Capt. Richd. Allison, at Burlington. Philadelph. 7th July, 1716. I received yesterday a long letter from Mr. Sonmans and another from Mr. Streat. They both declare that if we do not make a regular complaint against our oppressor either this summer or fall and that with great vigour we must be content to remaine saddled with his till the Province is ruin'd, they add that the remissnesse of the people in not complaining regularly before the King etc. has given credit to C— Hrs.— friends declareing that every thing alledg'd against him is false and proceeds only from a pique of some few discontented persons. They both declare 'twill cost much more money to solicit the affaire now then 'twould if the affaire had not been starv'd before, besides nothing will go doun as evidence but what is viva voce or on good affidavits of the fact. Certificates will do no good, therefore the copie of the indictments of Morris etc. must be well prov'd. I have wrote fully to Mr. Basse you must presse him to get all ready, he may do it privatly at home and come on this side and be safe, all you do must be kept very private, you must procure a copie of my recognizance before Jamison as likewise the Minutes of Council for my discharge. Your must likewise gett a copie of the writt Thomson serv'd on me by order of Gordon and a copie of the recognizance enter'd into and order of Court for my discharge. I must likewise have out of the Secry's. Office a copie attested of the information brought against me by Gordon, these things will be of great use to shew how I have been harrass'd from time to time and for what. There should be an affidavit of Gordon's proceeding against Mr. Fox and ordering processe against him tho never presented by the Grand Jury. Whatever else is necessary let it be ready against Tuesday or Wednesday next at farthest when I intend god willing to be at Bristol to finish all matters and take my leave of my friends for the ship will saile the week after, etc. I hope the petition etc. are sign'd. We want to know what is become of Lockart. Pray give us a line if you hear anything. Give my service to Emanuel Smith, etc. Signed, Dan. Cox. Copy. 4 pp. [C.O. 5, 971. Nos. 12, 12 i.; and 5, 995. pp. 330–332.]
Nov. 20.
Custom ho., London.
393. Mr. Carkesse to Mr. Popple. Reply to Nov. 15th. The goods of Dutch, French, Danish or other foreigne plantations, are not by any law past here prohibited to be imported into H.M. plantations provided they are imported in ships duly registred according to the directions of the Act of the 7th and 8th Will. III. cap. 22. The Commrs. of the Customs have no objection to the Act of the Massachusetts-bay for the officers' fees therein named (v. 15th Nov.), but in regard there are fees established for the Surveyr. and Searchr. at New York the Commrs. are of opinion it may be reasonable, if the Assembly shall think fit, to establish like fees for the Surveyr. and Searchr. of Boston. And they are further of opinion if fees were settled for the officers of the Customs in H.M. several Plantations by the respective Assemblys it would be of publick advantage. Signed, Cha. Carkesse. Endorsed, Recd. 20th, Read 21st Nov., 1716. Addressed. 1 p. [C.O. 5, 866. No. 96; and 5, 915. pp. 17, 18.]
Nov. 21.
Treary. Chambers.
394. Mr. Kelsall to Mr. Popple. My Lords of the Treasury desire a copie of Representation relating to St. Christophers, May 3, 1715. Signed, Henry Kelsall. Endorsed, Recd. 21st, Read 23rd Nov., 1716. Addressed. 1 p. [C.O. 152, 11. No. 31.]
Nov. 21.
Whitehall.
395. Mr. Popple to Mr. Attorney General. Encloses Act of Jamaica, for settling the Militia, and desires his opinion whether it interferes with the design and direction of the enclosed Order in Council (No. 377) etc., as soon as possible, the ships being now upon their departure. [C.O. 138, 15. pp. 45, 46.]
Nov. 21.
Pall Mall.
396. Thomas Pitt to the Council of Trade and Plantations. Reply to Nov. 8. I have endeavoured to have the opinion of Jamaica what laws are immediatly necessary to be confirmed or disapproved, but not obtaining any information from them, I have only to observe, that there is an Act to encourage white men to come and settle etc., and that also there is mentioned in the Representation of the Council (v. June 12) some other Acts with reasonings for confirmation or disapprobation. Signed, Tho. Pitt. Endorsed, Recd. 21st, Read 29th Nov., 1716. 1 p. [C.O. 137, 12. No. 17; and 138, 15. pp. 54, 55.]
Nov. 22.
Whitehall.
397. Council of Trade and Plantations to H.R.H. George Prince of Wales, Guardian of the Kingdom of Great Britain, and H.M. Lieutenant within the same. The prayer in Mr. Thompson's petition (Nov. 12) appearing to us very reasonable, we humbly conceive your Royal Highness may fitly grant the same, etc. [C.O. 138, 15. pp. 47–49.]
Nov. 22.
Custom ho., London.
398. Mr. Carkesse to Mr. Popple. In reply to 2nd Nov., encloses following. Signed, Cha. Carkesse. Endorsed, Recd. 22nd Nov., Read 6th Dec., 1716. Addressed. 1 p. Enclosed,
398. i. Account of the 4½ p.c. in the Leeward Islands, 1702–1715. Total, £29, 313 2s. 11½d. Signed, Rot. Paul, Assistant Comptr. Genl. ¾ p. [C.O. 152, 11. Nos. 32, 32 i.; and 153, 12. p. 469.]
Nov. 22.399. Mr. Attorney General to the Council of Trade and Plantations. I have considered the extract of Mr. Cumings' letter, etc. whereby he represents that the Act in relation to the wool of the Plantations wants an explanation, etc., quoted. The Act mentioned is the Act of the 10th of K. William III. cap. 10, to prevent the exportation of wool into foreign parts, etc., where in section the 19th the exportation of wool and woollen clothes of the product or manufacture of any the English Plantations in America is prohibited under the same, and the like penalties and forfeitures as are prescribed and prohibited by that Act for the like offences committed within the Kingdom of Ireland, which is the forfeiture of the goods, and the summe of £500, with the ship in which the same were exported, which are to be recovered in any Court of Record in Ireland; And therefore I am humbly of opinion those forfeitures for the like offences in the Plantations are to be recovered in the Courts of Common Law there, and not in the Court of Admiralty, and therefore the Courts of Law there, do act legally in prohibiting the Court of Admiralty from intermeddling therein, and that the Court of Admiralty can have no jurisdiction in the matter, unless the same shall be given by a new Act of Parliament. Signed, Edw. Northey. Endorsed, Recd. 22nd, Read 29th Nov., 1716. 2 pp. [C.O. 5, 866. No. 97; and 5, 915. pp. 18–20.]
Nov. 22.
Whitehal.
400. Council of Trade and Plantations to H.R.H. the Prince of Wales, Guardian of the Kingdom, etc. Reply to Nov. 12th. We have no objection why your Royal Highness may not approve of Robert Johnson as Governor of Carolina, provided he qualify himself for that trust in such manner as the Law requires, and that he give good and sufficient security as usual, in a bond of £2000 sterling, for his due of observance of the Acts of Trade and Navigation, etc. [C.O. 5, 1293. pp. 34–36.]
Nov. 22.
Whitehall.
401. Mr. Popple to Mr. Lowndes. Encloses bond of security in £2000 for Governor Keith, to be taken at the Exchequer, etc. Annexed,
401. i. Copy of bond as above. Micajah Perry and John Hyde, sureties. [C.O. 5, 1293. pp. 37–40.]
Nov. 24.
Admty. Office.
402. Mr. Burchett to Mr. Popple. Encloses following. Signed, J. Burchett. Endorsed, Recd. 24th Nov., 1716, Read 6th May, 1717. 1 p. Enclosed,
402. i. Replies of Capt. Hagar, H.M.S. Worcester, to the Heads of Enquiry relating to the Trade and Fishery of Newfoundland (v. May 31st). (2) As long as men of warr in the Harbours, rules observ'd and no longer. (4) The sustenance ye inhabitants have from the country is wild fowle and little deer in some parts, trade for furr and beaver little or none. (5) Provisions two-thirds from Great Brittain and Ireland, the other from New England, craft and other tackle for fishing from England, quantity uncertaine. (6) As to rinding of trees growing, or setting on fire to the woods in the country, men's labour is so dear in the fishing season, they have not time if inclined to mischeife; in the winter time or before the men of warr can arrive, the planters take ye liberty of committing of wast; without a Governour appointed from the Government, to reside all winter. (7) Since 1685, all stages, cook-rooms, beaches, and other necessaryes etc. for fishing ships, all disputes of that kind, I believe are at an end, not haveing any complaint of that kind. (8) No complaint for want of roome or other conveniency for fishing ships or by boats. (9) Little observ'd by boat keepers, fishing ships comply'd withall. (10) No complaint. (11) Well observ'd. (12) All stages, cook-rooms, and other necessaries, that are made use of by fishing ships, and by boats; but often destroy'd by the inhabitants in the winter. (13) The Admiralls take a greater liberty then allow'd by Act of Parliament, where the men of warr doth not visitt them. (14) The Admiralls never give themselves any trouble as to journalls wch. the Act of Parliament directs. (15) Allmost all the terminations of the Admiralls partially given, either on their account or their friends. (16–18) Well observ'd. (19) I am inform'd the French had last year one fishing ship at St. Peters, and this year one belonging to St. Maloes, under a pretence of belonging to Guernsey. (21) The inhabitants allow their fish more salt than usuall, on account of it's weight, but not so good for markett. (22) Liquors brought from New England, and other parts of America, are very pernicious to the Fishery, and will be so till there is no such thing as a planter upon the Island. (23) Little or none, and wt. is, it's taken of by ye Fishery. (25) Tobacco is the only commodity, that I can learn has been brought here, and that not of late years. (26) Fishing ships and by boats from Great Brittaine can afford their fish at 10 p.c. cheaper, than the inhabitants, if they make any tollerable voyage. (27) The sustenance for the fishing ships and by boats, two thirds fish and one third provisions, brought from Great Brittaine. (28) Value of fish from 28 realls to 31½; train oyle, £16 per tunn, the markets the Bay, Portugall and Spaine. (30) Men left behind every year, numbers not known, nor no way to prevent them, but by very severe penalties on the masters of those ships that brings them over and masters of New England ships, that shall presume to entertaine any more men then wt. they shall bring with them. (31) Their no. are very few, and our inhbts. not careing to settle there, it being not determined how the French settlements, that did belong to their inhabits. and which became vacant upon the Treaty of Peace, are to be dispos'd of, whether in favour to the fishing ships, or to such inhabitants, yt. shall first settle there. (32) Wee have no certain account of what number of ships they have on the Bankes, though they are there in great numbers. It's said the coast of Cannady may employ about 30 sail of ships every year, which carry from thence provisions to their other settlements in America: For Cape Breton am inform'd they are carrying on their settlements with great industry, but can't learn their numbers and strength, and beleive their Lordships may best be inform'd from New England. Signed, J. Hagar. 3 pp.
402. ii. Scheme of the Fishery of Newfoundland. Fishing ships, 86; sack ships, 30; ships from America, 31; burthen of fishing ships, 8070 tons; number of men belonging to the ships, 1601. Fishing ships boats, 319; by boats, 184; inhabitants' boats, 408; by boat masters, 286; servants, 1538. Quintals of fish made by fishing ships, 30,329; by by boats, 24,310; by inhabitants' boats, 33,830; Total, carried to market, 88,469. Train made by fishing ships, 107 tuns; by by boats, 87; by inhabitants' boats, 126. Total, 320 tuns. Number of stages, 376. Number of inhabitants, men, 2611, women, 263, children, 421. Signed, J. Hagar. 1 p. [C.O. 194, 6. Nos. 29, 29 i., ii.; and 195, 6. pp. 309–315.]
Nov. 24.403. Mr. Attorney General to the Council of Trade and Plantations. Reply to Nov. 21. I am of opinion that the last proviso in the Militia Act does not any ways interfere with the design and direction of H.R.H. Order in Council (Nov. 12). The intent of that Proviso being that the Militia shall be only used for the defence of Jamaica, and should not be compelled to be sent out of the Island as such. And I am also of opinion that the Governrs. of Plantations being by a late law liable to be prosecuted in the King's Bench at Westminster for misdemeanours committed by them in such their offices, it is legal in such a case to take recognizances from persons inhabiting in any of H.M. Plantations who are able to give evidence agt. them touching such misdemeanors to appear in H.M. Court of King's Bench. I apprehend there is a mistake in the drawing the Order of Council, and that the same is fit to be rectified in the Instructions yr. Lordpps. are to prepare, for which purpose I have made an amendment to that Order for your Lordpps.' assistance. Signed, Edw. Northey. Endorsed, Recd. 24th, Read 28th Nov., 1716. 1 p. Enclosed,
403. i. Copy of Order in Council Nov. 12, amended by Mr. Attorney General so as to run:—" and if on such examination they shall appear to be material witnesses agt. the sd. Ld. A. Hamilton to cause ym. to give their recognizances to appear in term time at the King's Bench Barr," etc. 1 p. [C.O. 137, 12. Nos. 16, 16 i.; and (without enclosure) 138, 15. pp. 50, 51.]
Nov. 26.
Whitehall.
404. Mr. Popple to Mr. Kelsall. In reply to Nov. 21st, encloses several Representations relating to St. Christophers. Concludes: H.M. has signified his pleasure in relation to the French Protestants. [C.O. 153, 12. p. 468.]
Nov. 26.
N. Yorke.
405. John and Francis Riggs to [? Charles Delafaye, v. May 11th, 1717]. Dear Brother and Sister, wee think itt an eage since we had ye honnr., of a line from you, etc. What newse our Governer maye have from home, he keepes itt privett, but not onely hee, but most of his Cabenett, gives outt, he has a forlow of leave to goe home, and that he will meake youse of it, in ye spring, etc. If he dos goe, itt is, with designe to secure himselfe, in ye Government, if mony can do itt, for he has too sweet a post heare, to part with, etc. He has meade fortye thousand pound, in his Government, etc. Refers to enclosure. Sir, it is an eseye, happy Goverment, and at noe greatt charge to him, he has a noble house, in ye Fort, wth. fine gardins round itt, twoo of ye fore compenies all wayes, posted heare etc., the droms beatting a march, as often, as he goes out or coms in, etc. Urges his dear brother to push for and obtain this noble post, etc. Signed, Jo. Fr. Riggs. 2½ pp. Enclosed,
405. i. A modest computation of wahatt a Governer maye meake. The pay of ye fore compenies is £7000, returned in goods will cleare £5000. With "cellary" and "pattens" of lands=£9010 a year. 1 p. [C.O. 5, 1092. Nos. 1, 1 i.]
Nov. 29.
Whitehall.
406. Council of Trade and Plantations to Mr. Secretary Methuen. Enclose Instruction for the Governor of Jamaica ordered Nov. 12, "Mr. Attorney General having assured us, that as it now stands, it is conformable to the sense of the Council, when the Order was directed and agreable to Law." Autograph signatures. 2 pp. Enclosed,
406. i. Draft of H.M. Instruction to the Governor of Jamaica. You are to cause Page and Adlington to be examined etc. (as Nov. 12), and to take care they be bound by their respective recognizance in a reasonable sum for their appearance at the King's Bench Barr the 20th June next, etc., and that immediately upon their arrival at London, they give notice thereof to one of H.M. Principal Secretarys of State to whom and to the Council of Trade you are to transmit there examinations so taken, etc. [C.O. 137, 46. Nos. 19, 20; and 138, 15. pp. 51–54.]
Nov. 30.
So. Carolina.
407. Committee of Correspondence of the Assembly of South Carolina to Joseph Boone and Richard Berresford, Agents for South Carolina. Refer to letter of Oct. 23rd. Continue:—Our calamityes still daily increasing (several persons having since been kill'd and others carried away by our barbarous enemies the Indians who daily infest our Plantations and oblige many to abandon their settlemts.) has obliged our Assembly to repeat their sollicitations to H.M. for releif, and to take this Province under his gracious protection. You have here inclosed their Address which you are ordered by the Assembly to imediately present to H.M., and to lay before the King such further particulars as are necessary to set forth the present miserable circumstances of this Province. If we shou'd be so unhappy as that it shou'd have noe effect, by any opposition that the Lords Proprietrs. may make to it, or otherwise, we can expect nothing but the ruin of the whole Province, and that in a very short time. Our Assembly is now mett etc. It is their orders that you acquaint Mr. Kettlebey that they discharge him, from being any longer their Agent etc. By our next you may expect an Address to the King sign'd by the inhabitants. Signed, Ar. Middleton, Ra. Izard, B. Godin. 1 p. Enclosed,
407. i. Address of the Assembly of South Carolina to the King. Refer to previous Addresses (v. C.S.P. 1715), etc. Out of the extream grief we are under, to see our country still harassed and our fellow subjects daily killed and carried away by our savage Indian enemies, etc., we are obliged again to lay before your Royal Majesty, the state of this your afflicted Colony, etc. Our trowbles instead of coming to a period, daily encrease upon us, and we now see ourselves reduced by these our misfortunes, to such a dismal extremity, that nothing but the all powerful providence of Almighty God working a miracle in our favour or your Majestie's Royal and most gracious protection, can preserve us from ruin. Our Indians continue committing so many hostilities, and infest our settlements and plantations to such a degree, that not only those estates which were deserted at the breaking out of this barbarous war, cannot be resettled, but others are likewise daily thrown up to the mercy of the enemy, to the ruin and impoverishment of several numerous families. Notwithstanding all these our miseries, the Lords Proprietors, instead of using any endeavours for our relief and assistance, are pleased to term all our endeavours to procure your Majestie's Royal protection, the business of a faction and party; We most humbly assure your Majesty that it's so far from anything of that nature, that all the inhabitants of this Province in general, are not only convinc'd that no humane power, but that of your Majesty can protect them, but earnestly and fervently desire that this once flourishing Province may be added to those already under your happy protection, etc. Signed, Tho. Broughton, Speaker, Arthur Middleton, Paul Pre. Le Bas, Benja. de la Conseillere, James Stanyarne, Tho. Waring, Tho. Diston, Jos. Morton, Wa. Izard, William Elliott, Jonth. Drake, Xpr. Wilkinson, Robt. Howes, John Godfrey, Wm. Bull, Wm. Cattell, Ja. Cochran, Benja. Schenckingk, John Kenneway, Arthur Hall, John Whitmarsh, Representatives. 1 large p. [C.O. 5, 387. Nos. 8, 8 i.]
Nov. 30.
Whitehall.
408. Mr. Secretary Methuen to the Council of Trade and Plantations. It is H.R.H.'s pleasure, that you consider what may be the most proper course for the Government to take, in order to dislodge those profligate fellows or pirates, that may have possessed themselves of the Island of Providence, and may, if not driven from thence in time, commit depredations on H.M. subjects or those of his Allies, trading in those parts of the world, and report your opinion thereof to be laid before H.R.H. Signed, P. Methuen. Endorsed, Recd. 3rd, Read 5th Dec., 1716. 1 p. Enclosed,
408. i. Admiralty Office, 29 9ber., 1716. Mr. Burchett to the Secretarys to Mr. Secretary Methuen. Encloses following from the Lords of the Admiralty, etc. Signed, J. Burchett. Same endorsement. Addressed. 1 p. Enclosed,
408. ii. Extract of letter from Capt. Howard, H.M.S. Shoreham, to Mr. Burchett. South Carolina, 15th Sept., 1716. According to the Governour of Virginia's Orders I delivered the letters in relation to keeping the Articles of Peace at St. Augusteene, 18th May etc. The Governor and Council make there very great complaints of the sloops fitted out from Jamaica who not only fish on the wracks, but have landed and taken out of the Spaniards' possession 20,000 pieces of eight, they had saved, as likewise very considerable sumes out of all the vessels they meet who they can master, they have Comission from the Governor of Jamaica for the taking pirates, under which pretence they search the vessels, there are three of the said sloops turned pirates since. One Horngold, Jennings and Fernando who have got 200 men and are joined by a French man, there is in this harbour now three vessels that have been plundered by them, and one master whose sloop and cargoe they have taken, they have harbour at Providence, where they re-victual and clean; I would not doubt but with two small frigats or sloops more, to give a very good account of them and rout them out before they get more strength, and are better settled there. 1¼ pp.
408. iii. Mr. Burchett to the Secretarys to Mr. Secretary Methuen. Admty. Office, 2nd Nov., 1716. My Lords Commrs. of the Admiralty having received a letter from Col. Spotswood, Governor of Virginia, by which he gives them an account that he has received information upon oath, that a number of profligate fellows have possessed themselves of the Island of Providence, and that the crews of several vessels, fitted out at Jamaica for fishing on the Spanish wrecks, have comitted divers pyracies both on the Spaniards and the French in those seas; and being afraid to return home, are preparing to settle on that Island, insomuch that he apprehends they may attempt the seizing the ships of H.M. subjects trading in those parts, for which reason he proposes they may be attack'd and dislodged before they grow too formidable, I am to desire you will communicate the same to the Rt. Honble. Mr. Secretary Methuen, that he may lay it before H.R.H., etc. Signed and endorsed as No. i. 1 p. [C.O. 137, 12. Nos. 18, 18 i., ii., 20; and (without enclosures) 138, 15. pp. 55–57.