America and West Indies
July 1717, 17-31


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'America and West Indies: July 1717, 17-31', Calendar of State Papers Colonial, America and West Indies, Volume 29: 1716-1717 (1930), pp. 344-364. URL: Date accessed: 25 November 2014.


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July 1717, 17-31

July 17.
St. James's.
652. Mr. Secretary Addison to the Council of Trade and Plantations. Refers following for their report. Signed, J. Addison. ½ p. Annexed,
652. i. Petition of Lord Archibald Hamilton to the King. Petitioner was recalled from Jamaica before H.M. letter of 10th April, 1716, arrived. The monies due to him and thereby ordered to be paid, still therefore remain due. Prays H.M. to repeat his commands thereon to the Governor now going, and that petitioner and the Council of Jamaica may be paid ordinary interest on the money advanced by them on the service of the Island, the rather since his immediate successor in the government for money advanced by him in the same manner, has been allowed his principall with an extraordinary interest, etc. Endorsed, Recd. Read 9th Aug. 1717. 2 pp.
652. ii. Copy of H.M. Letter to Governor Lord A. Hamilton, 10th April, 1716. Same endorsement. [C.O. 137, 12. Nos. 51, 51 i., ii.; and 138, 15. pp. 271–276.]
July 17.
Treary. Chambers.
653. Mr. Lowndes to Mr. Popple. The House of Commons having the 21st of June last agreed with the Committee of the Supply in a resolution that the lands in St. Christophers yeilded by France etc. be sold to the best advantage and that the produce of the same be apply'd to the publick use, the Lords Commissioners of H.M. Treasury having under their consideration how to proceed therein so as to render the said resolution effectual desire that the Lords Commissioners for Trade and Plantations will lay an account before them of the estimated value of the lands so yeilded together with a survey of the same and all representations, memorials etc. made since the Treaty relating to that Island, as also the terms (if any) that may have been offered to their Lordps. for the purchasing thereof and by whom, and their Lordships' opinions touching this affair. Signed, W. Lowndes. Endorsed, Recd. 18th, Read 23rd July, 1717. Addressed. 1 p. [C.O. 152, 12. No. 6; and 153, 13. pp. 59, 60.]
July 17.654. Lord Guilford to the Council of Trade and Plantations. Acknowledges letter of 10th July, etc. Continues: I will take care, that the King's command [as to illegal trade] be punctually observed in Maryland. Signed, Guilford. Endorsed, Recd. 17th, Read 19th July, 1717. 1 p. [C.O. 5, 717. No. 72.]
July 17.
655. Mr. Mulford to the Council of Trade and Plantations. Prays to be heard upon his petition etc. v. 14th March, 1715, and A.P.C. II, No. 1222. Signed, Samll. Mulford. Endorsed, Recd. 22nd, Read 23rd July, 1717. Addressed. ½ p. [C.O. 5, 1123. No. 29.]
July 17.656. A state of the quitrents of Virginia. The land taken up and holden of H.M. amounts to 2,700,000 acres. The quitrent due for this land, paid for the most part in tobacco, amounts in sterling to about £1400. There is paid out, to the Bishop's Commissary £100; the Attorney General £60; Solicitor General £200. The rest (£1040) not appropriated. Signed, W. Byrd, Micajah Perry. Endorsed, Recd. 17th, Read 19th July, 1717. 1 p. [C.O. 5, 1318. No. 14.]
July 19.
St. James's.
657. Mr. Secretary Addison to the Council of Trade and Plantations. Refers following for their report. Signed, J. Addison. Endorsed, Recd. Read 22nd July, 1717. Superscribed,
657. i. Petition of Woodes Rogers, of London mariner, to the King. Petitioner having been some months past soliciting the Lords Proprietors of the Bahama Isles, and lately laid before them the annexed proposal, their Lordshipps have not thought fit to come to any resolution therein, till your Majesty shall be pleased to hold it necessary to interpose etc. Refers to annexed proposal, and prays for H.M. Commission to be Governor with the command of the company that shall be sent thither, etc. The whole, 2 pp. Enclosed,
657. ii. Woodes Rogers to the Lords Proprietors of the Bahama Islands. The Bahama Islands lying without any form of government or settled inhabitants, proposes that they surrender the government to the Crown on the same foot the Jerseys did, leaving the property of the lands and all other grants in their Charter to their Lordships etc. Continues: Some gentlemen concern'd wth. me having a ship now ready to proceed on this design [of dislodging the pirates and resetling Providence], being 400 tuns burthen and will carry 34 guns: wee propose to man her wth. 150 seamen and artificers at our own expence, with such other small vessells as shall be necessary to carry all things fitt for a new settlemt., and transport such souldiers and stores as the Crown shall be induced to send etc. We expect to advance in the whole not less than £4000 etc. Proposes that the Lords Proprietors assign their claims on the Bahamas to them to cover these expences, or, alternatively, to grant them a lease of their lands and royalties for 21 years etc. Signed, Woodes Rogers. 3 pp.
657. iii. Memorial of Woodes Rogers to the King. States condition of the Bahamas and preceding proposal, and prays to be appointed Governor, H.M. sending 24 guns, warlike stores and a year's provisions for the garrison to begin the settlement etc. Such garrison may be sent from hence, or detached from a garrison abroad, and remain on the same foot as other American garrisons etc. 2 pp.
657. iv. Petition of merchants trading to different parts of H.M. Dominions in America to the King. Complain of severe losses occasioned by pirates sheltering in the Bahamas, "so neglected by the Proprietors that they have been often plundered and ruin'd in times of peace, and during the late war four several times taken and destroy'd by the enemy" etc. Urge the securing Providence under H.M. immediate government etc. "These Islands are so advantagiously situated that whoever is well settled and securely fortified there, may in time of war command the Gulph of Florida, and from thence be capable to annoy or obstruct the trade of other Nations to most parts of America, "etc. Signed, Robt. Finley and 55 others. Copy. 2¾ pp.
657. v. Sundry merchants to Mr. Secretary Addison. Represent the strategic importance of the Bahama Islands and their neglected condition, and recommend Capt. Woodes Rogers. Signed, Robert Chester and 33 others. Copy. 2 pp.
657. vi. Brief remarks of the most material transactions relating to the Bahama Islands from their original settlemt. to this time. 7½ pp.
657. vii. Petition of Merchants of Bristol to the King. Represent the "fatal consequence if either the French, Spaniards or pirates should make a settlement in the Bahamas" etc., and recommend Capt. Woodes Rogers' proposals. Signed, Geo. Adams and 78 others. Copy. 2½ pp. [C.O. 5, 1265. Nos. 76, 76 i.—vii.; and (without enclosures) 5, 1293. pp. 104–106.]
July 19.
Portsmo. in N. Hampr. in N. Engld.
658. Lt. Governor Vaughan to the Council of Trade and Plantations. The duty I owe your Lordships, requires my imbracing all meet conveyances, to manifest my hearty and humble regards, to the Right Honourable the Lords of the Plantations to whom I make my approach with all defference and respect, as the arbiters and controulers of all things transacted, in these H.M. unhappy dominions, by reason of civil and intestine broils, commenc'd among us, in these H.M. Nothern Governments of New England. I had the happiness to govern in this little Province a year, with all the serenity imaginable, and I verily beleive, there were not ten disaffected within the limits thereof, and that the neighbouring Governor not long since, was in the like happy circumstances of love and peace in proportion to numbers, but now our divisions are so great, as are hardly to be express'd. What concerns myself I ask leave humbly to informe, and which in part will appear prov'd if your Lordships will examine the Minitts of Council and Assembly etc. The general Assembly sent Addresses to H.M., and therein, were thankfull for the great favour done this Province in commissionating one every way qualifyd for his trust as being very loyal, and knowing their constitution and circumstances, and since Col. Shute's arrival in answer to his Speech, approves the Lieut. Governour's conduct and administration, and pray'd he might be vested with some places of proffit within the Governmt. for his honourable support, for which they were frownd upon, and twice in Councill, it was ask'd, whither they expected to be treated like Charter Governments, and the matter sent down to be reconsiderd, and being sent up again in statu quo, a motion was made to have the parragraph respecting the Lieut. Governour scratchd out, and it had even as good have been so, for the Governour has taken away all pass money to the value of £50 pr. annum, which always was the perquisite of the Lieut. Governr. when no governour on the spott, and the President of the Councill when no higher officer was within the limits of the Government always took it till of late, and instead of giving the benefit of more offices, gave order to another to take the stores of the Castle in my hands, and will not allow I have any power by vertue of the King's Commission, when he is in any part of America thâ at the utmost distance from the Governmt., which introduces all confusion, as for instance—I stop'd some vessels at the Castle for not paying the King's due, and Col. Shute sent an express order I should not do so, when they had his passes, and he lodges said passes, with the Naval Officer, and every vessel for two shillings has one of him, and if the Master or any man on board commit murder, or any crime whatsoever, here is no power in the Province to stop him or them as things now are, nor to do any other affair for the King's service. let the extreamity be urgent as it possibly can be—as may appear to your Lordships vizt. Almighty God now visiting New England, with an early and exceeding great drought, the neighbouring Governmt. by proclamation ordered the celebration of a Fast, and very reasonably, and Col. Shute sent one of said Proclamations inclosed to me. Refers to enclosures. Accordingly I gave the Clerke of the Councill orders with the advice of Councill a quorum of which I sent him to for that end, to proclaim a fast in the words of said proclamation, mutatis mutandis, which never the less is obstructed, for that Collo. Shute has given former orders to the Clerke, that no public Instrument should go out in my name, so that let the case be never so desperate or urgent all things must be deferr'd for his Instructions, which is not true Latin pr. my Grammar, and dissonant thereto, I gave him and the Councill my opinion at his last going away a coppy whereof I now send your Lordships, my humble request therefore to your Lordships is, that Justice may be commanded, and that the Officer on the spott may enjoy, the perquisites due to him by the custome of the River, ever since it was a Governmt., the which the Naval Officer by a certificate informd the Governour, for which he was sharply reprov'd and that in order to your Lordships true knowledge, of the matter, power may be given to summon all persons, who have received or collected said money to evidence the truth, and what other things respecting power of governmt., or the wellfare of the Province which shall be orderd by your Lordships, shall be readily adherd to etc. Postscript. I am solicited by sundry in the Governmt. to prepare for a voyage to great Brittain—in order to which (if I am thôt worthy to hold my Commission) my prayer is that I may be favourd with leave from the King's Majesty so to do, and at my arrival. I shall endeavour to make some other things apparent to your Lordships. In the meantime my humble desire is to have a line sent me pr. your Lordships direction wherein may be a list of the present Councill of New Hampshire, as they stand in their order. Signed, Geo. Vaughan. Endorsed, Recd. 16th Sept., Read 12th Nov., 1717. 3 pp. Enclosed,
658. i. Governor Shute to Lt. Governor Vaughan. Boston, July 1st, 1717. Encloses following, "in order to its publication next Sabbath day." Signed, Saml. Shute. Copy. ½ p.
658. ii. Copy of the Boston News-Letter. No. 690, July 1–8, 1717. Contains copy of Proclamation for a Fast in the Massachusetts Bay July 11th, referred to in preceding. Printed. 2 pp.
658. iii. Lt. Governor Vaughan to Governor Shute. Portsmouth. July 5, 1717. Acknowledges preceding. Continues:—The Ministers are all absent save one, the Clerke of the Council at Cambridge, and the proclamation no ways affecting us, however if the Clerk returns in season, I will endeavour a proclamation go out for the observation of said day, that it may be kept in both Provinces together. Signed, Geo. Vaughan. Endorsed as covering letter. Copy. ¾ p.
658. iv. Lt. Governor Vaughan's Speech to the Governor and Council of New Hampshire, 20th May, 1717. Your Excellency's last arrival was well pleasing to the whole goverment, your administration easy, your endeavour to pacify and moderate, all feuds and broils; and we all in good tempr. etc. Sundry occurrences for H.M. immediate services may unforeseen come upon us etc. Refers to news of pirates etc. As yet I have suspended doing anything, but what was more than ordinarily necessary till your Excellency's Commission was lodged among us, a copy of which I have now seen, and find when your Excellency is out of the Province of N. Hampshire, the Lt. Govr. pr. the King's Commission, and when no Lt. Govr. on the spott, the first Councillr. named in your Instructions, governs as amply and fully as if your Excellency was in the Prov. of N. Hampr., and that by virtue of your Instructions, in ordr. to which, I give it as my opinion, they should be lodged in the Secretary's Office, for the benefitt of H.M. Govermt. Signed, Geo. Vaughan. Endorsed as letter. Copy 1½ pp. [C.O. 5, 866, Nos. 126, 126 i.–iv.; and (without enclosures) 5, 915. pp. 58–63.]
July 19.
St. James's.
659. Mr. Secretary Addison to the Council of Trade and Plantations. Refers following for their report. Signed, J. Addison. Endorsed, Recd. 31st July, Read 18th Sept., 1717. ¼ p. Overleaf,
659. i. Petition of Francis Melmoth. on behalf of James Knight, Receiver General of Jamaica, to the King. Since the petition of Dec. last, the Assembly have allowed the Receiver General to reimburse himself the money issued by him, except £620 for the subsistence of the soldiers. Prays H.M. to direct that he be reimbursed the said sum out of the first and readiest of the revenues of Jamaica. etc. Signed, Francis Melmoth. Endorsed, Recd. 31st July, Read 18th Sept., 1717. The whole, 1 p. [C.O. 137, 12. Nos. 62, 62 i.: and 138, 15. pp. 293–295.]
July 20.
Custom house, London.
660. Mr. Carkesse to Mr. Popple. Encloses following to be laid before the Council of Trade and Plantations. The Commrs. of Customs desire that the Governrs. may be wrote to to put the Act of Assembly effectually in execution the better to prevent such corrupt tobacco being imported into this Kingdom. Signed, Cha. Carkesse. Endorsed, Recd. 21st July, Read 8th Augt., 1717. Addressed. 1 p. Enclosed,
660. i. Extract of letter from Joseph Bentley, a Surveyor of Customs at Leverpoole, to the Commissioners of the Customs. Complains of the "very mean old rotten tobacco" arriving at Whitehaven from Virginia. "It's really a great pitty, that the Receivers in Virginia, who by Act of Parliament has 5s. for stamping each hhd. and are obliged not to receive a hhd. but what is merchantable, cannot be punished for sending such trash over, for it makes the merchts. very teasing and they threaten to carry their ships to North Britain and bring them back coastways, and as I understand they have sent one allready, indeed their practices are such there, as will certainly in time destroy all the trade in our Northern ports." ½ p. [C.O. 5, 1318. Nos. 19, 19 i.]
July 20.
661. Governor Lowther to the Council of Trade and Plantations. Having long waited for an opportunity of transmitting this dispatch by one of H.M. shipes; and now seeing no prospect of meeting with such a conveyance in any reasonable time, I send it by Capt. Gosswell etc. I cannot doubt but your Lordshipes have heared that these parts are more infested with pirates than has been formerly known, and that they have already done much injury to trade in general, as well as great damage to particular persons; I'll therefore not trouble your Lordshipes with the disagreeable repetition of it, but only beg leave to imparte two things, which I humbly conceive does not only contribute to increase their numbers, but also animates them to persist in their execrable villany's. The first is the little apprehension they have of the King's shipes that are sent into the Indies to suppress them: and the other proceedes from their not being lyable to be try'd out of Great Britain for any robberies, murthers, or piracy's they have or shall commit at sea. I believe your Lordshipes wont much wonder at their presumption in these instances when you reflect upon the fates (= ? facts, Ed.) on which it's grounded. Allow me therefore to acquaint your Lordshipes that the King's shipes in America are commonly so much disabled by sickness, death, and desertion of their seamen, that they are often constrain'd to lye near two thirds of the year in harbour; it not being possible for the Captains thereof to recruit the loss they thereby sustain whilst the merchantes have any imploy for the mariners (their service being so much more advantagious to the seamen than the King's) nor as the law now stands can any mariner in the West Indies be impressed into the King's service upon any account whatever. The late Queen granted a Commission to (Governor) Sr. Bevil Granville and others therein mention'd to try and determine piracys, robberies and felonys committed upon the sea, and the said Commission was grounded upon a law which is now expired etc. for the more effectual suppression of piracy. I humbly submit it to your Lordshipes whether it wont be proper to have the said Law revived; as also whether it wont be for H.M. service to have the 9th section alter'd in the Act of the 6th of the late Queen (which inhibites the impressing of mariners in the West Indies) intituled an Act for the encouragement of the Trade to America. As I'm very sensible that this clause was intended to redress and prevent some inconveniences and mischiefs which the merchantes and traders to the West Indies were exposed to by having their sea-men wantonly taken from them by many Captaines of the men of war, so I'm persuaded that the Colonies, and the Trade in general in the West Indies are exposed to many dangers and inconveniences for want of a legal regulated power to recruit the King's shipes that are sent into these partes purely for the defence of these Colonies and protection of Trade: many instances might be given to evince the reality of this matter, but I shall only trouble your Lordshipes with two. In 1712 Monsieur Cassert endeavoured to plunder and destroy H.M. Leeward Islands: as soon as I had advice of it; I issued orders to the Captaines of the men of war that were then here to proceed immediately thither, and to joyn (as soon as possibly they could) such of the late Queen's ships as were then at Antegoa; but the execution of these orders was so long delay'd by the said Captaines upon pretence of wanting their complement of men, that Monserat was ravag'd by the enemy; whereas if there had been any legal power lodged in the Government to have impressed men out of the merchants shipes upon that extraordinary emergency; Monserat had not only been protected, but the enemy in all probability, had been destroy'd in regard we had ten men of war to their six. I had advice in December last from Antego that there were several pirates in those partes, and that they had not only taken several vessels, but also greatly molested the Colonies; whereupon I order'd Captain Humes Commander of H.M.S. the Scarborough to go immediately in quest of them, but he represented that his ship was so much disabled by the mortality and desertion of his mariners, that he had not men sufficient to navigate her: upon this representation my friends and I gave him so much mony as inabled him to get pretty nigh his complement of men; after which he went to Antegoa and took on board 40 of the King's soldiers, and then went in pursuit of the pirates, and had the good fortune to destroy two of their vessels, etc. Signed, Rob. Lowther. Endorsed, Recd. 16th Oct., Read 18th Nov., 1717. Holograph. 4 pp. Enclosed,
661. i. List of papers enclosed. Same endorsement. 2 pp.
661. ii.–xii. List of Christenings and Burials in the several parishes of Barbados 24th April, 1715–1716. The whole endorsed as preceding. 20 pp.
661. xiii. List of causes determined and depending in the Court Court of Errors, Barbados, 17th April, 1716–31st July, 1717. Same endorsement. 2 pp.
661. xiv. List of causes determined and depending in the Court of Chancery, Barbados, 16th April, 1716–31st July, 1717. 3 pp. [C.O. 28, 15. Nos. 24, 24 i.–xiv.; and (without enclosures) 29, 13. pp. 428–435.]
July 22.
662. Council of Trade and Plantations to Mr. Secretary Addison. Reply to July12. We have discoursed Mr. Bird late Receiver Genl. of Virginia, and Mr. Micajah Perry who has received that Revenue here, for many years past from whom we have received enclosed account of all the fixed charges upon the said quit-rents (v. No. 656). The accounts we have by us relating to H.M. Revenue in the Plantations being imperfect, we have frequently reminded the several Governors of their Instructions in this particular, that they should constantly transmit to us such accounts as may be satisfactory for our information. And we shall upon this occasion take care to repeat the same. But we must take leave to observe that when the King's Revenue of 2s. per hhd. appropriated for the support of the Governmt. there has fallen short, the Crown has from time to time supplyed the same out of this quit-rent etc. Enclose Representation of Sept. 2, 1715. [C.O. 324, 10. pp. 124, 125.]
July 23.
663. Mr. Popple to Mr. Attorney General. The Council of Trade and Plantations desire you will send them the draught of the Proclamation etc. (v. July 15). They will then give such assistance as they are able. [C.O. 324, 10. pp. 126, 127.]
July 23.
664. Mr. Mulford to the Council of Trade and Plantations. Prays to be heard upon his petition etc. Signed, Samll. Mulford. Endorsed, Recd. 22nd, Read 23rd July, 1717. Addressed. ¾ p. [C.O. 5, 1051. No. 28.]
July 23.
665. Mr. Popple to Col. Smith, Mr. Tryon, Mr. Nivine, Mr. Duport. Requests their attendance at the Board with other gentlemen they may think capable to give information of the value of the lands in the late French part of St. Christophers, and the quantity of acres, distinguishing between the cane and the pasture lands. [C.O. 153, 13. p. 60.]
July 23.
Boston, New England.
666. Governor Shute to the Council of Trade and Plantations. Refers to letter of 27th Feb., and encloses Acts of the Massachusetts Bay and New Hampshire. Continues: I have endeavoured since my last to do my utmost to preserve the pine trees, that may be servisable for H.M. Royal Navy and understand that Mr. Bridger is appointed Surveyor, who I hope will bring with him full Instructions in relation to their preservation and shall endeavour to give the necessary directions that those orders he brings may be fully put in execution. I design next week to visit the Eastern Indians who are very desireous to see me and hope I shall make such agreements with them, as may tend to H.M. honour and the welfare and peace of these Provinces. Since my last nothing material has happened in these parts excepting our having had some pirates which infested the coast, but have done no great damage. One of their ships was cast away about 30 miles from Cape Cod and 130 of the pirates drown'd, but we are now cleard of them. Signed, Samll. Shute. Endorsed, Recd. 10th Sept., 1717, Read 25th June, 1718. 2 pp. [C.O. 5, 866. No. 160; and 5, 915. pp. 142, 143.]
July 24.667. Petition of Don Bernardo de Guardia and Peter Diharce to the Council of Trade and Plantations. Pray to be heard in order to a speedy and favourable report in the case Nostra Signora the Bethlem etc. (v. June 15th). Signed, Bernardo de Guardia, Peter Diharce. Endorsed, Recd. 24th, Read 21st July, 1717. 1¼ pp. [C.O. 137, 12. No. 50.]
July 25.
Hampton Court.
668. Order of King in Council. Approving Commission of Sir N. Lawes (July 3rd) to be Governor of Jamaica. Signed, Edward Southwell. ¾ p. [C.O. 5, 189. p. 318 (a).]
July 25.
669. Mr. Popple to Mr. Lowndes. In reply to July 10th, encloses extract of Lt. Gov. Spotswood's letter, April 30th, relating to Mr. Kennedy etc., and his account of his disbursements. (July 15th). [C.O. 5, 1318. pp. 481, 482; and (rough draft) 5, 1335. pp. 199, 200.]
July 26.670. Mr. Popple to Charles Long and Mr. Bernard. Appointing 12th Aug. for hearing their Counsel in relation to the Kingston Act, etc. (v. July 15). [C.O. 138, 15. p. 270.]
July 26.
671. Council of Trade and Plantations to Mr. Secretary Addison. Enclose following in reply to 19th July. Continue: We have only to add that if H.M. approve of what is proposed, and that the soldiers be sent from North America, in that case dispatch will be necessary for if ye ships imployed upon this service don't sail from hence very speedily, so as to arrive at the place from whence the soldiers shall be detached, before the North Westerly winds set in, which generally happen in the beginning of Nov. he will not be able to make that coast this winter. Autograph signatures. 2 pp. Enclosed,
671. i. Council of Trade and Plantations to the King. Refer to former reports of the Board, since 1702, upon the miserable condition of the Bahamas etc. [v. C.S.P. 14th Dec., 1715, etc]. Continue: These Islands lying in the Gulf of Florida are so much in the way of all ships, that come from the Havana and Bay of Mexico, that none can pass, but what may be met with, by your Majesty's ships of war or privateers, that may have their stations at Providence, one of the said Islands; so that whoever is master of them may speak with all Spanish and French ships trading to these parts. Besides, a settlement on the said Island of Providence, would in a great measure, if not effectually, deprive the pirates of any opportunity to shelter themselves in the said Islands. We further take leave to represent to your Majesty, that the Bahama Islands, having for many years been possessed by the English, were granted in the year 1670 by King Charles II, to the Duke of Albemarle, the Earl of Craven, Lord Berkeley and others, as Lords Proprietors thereof, until the year 1703, when the French and Spaniards invaded the same; since which the Proprietors have entirely neglected the resetling and securing those Islands, in so much that the Fort at Providence has been demolished by the Spaniards, and the inhabitants driven away, whereby the said Islands are now become a refuge for pirates, who have made some settlements upon two of them. For these considerations, we are humbly of opinion, that for the preserving the said Islands to Great Britain, and for encouraging planters to resettle on them, the immediate Government thereof should be resumed to the Crown, according to the opinions of several Attorneys and Sollicitors General, vizt. "that the Proprietors have forfeited their powers of government, and that the said powers may by scire facias, in the Court of Chancery on the Patent, or by Quo Warranto, in the Court of King's Bench, be by judgement seized into the hands of the Crown, as forfeited; And that this extraordinary exigency happenning through default of the Proprietors your Majesty may appoint a Governor and provide both for the civil and military Government, before any suit be commenced." But could the Proprietors be induced to surrender their right of Govt. as those of the Jerseys have formerly done, the same would greatly contribute to facilitate the dispatch of this affair. We humbly conceive, that what Capt. Rogers has proposed, will not only be of great advantage to the publick, but also to the Lords Proprietors in particular, he offering to proceed to Providence etc. Quote his proposals of July 19. Upon which we humbly offer that from his being recommended by great numbers of the most considerable merchants of London and Bristol, we have reason to believe he is every way qualifyed for such an undertaking, to wch. your Majesty, considering the great importance of this settlement may contribute such further incouragements to render the same still more effectual as in your great wisdome your Majesty shall think convenient. Autograph signatures. 5 pp.
671. ii. Duplicate of C.S.P., Dec. 14, 1715. [C.O. 23, 12. Nos. 74, 74 i., ii.; and (without enclosure ii.) 5, 1293. pp. 107–112.]
July 26.
672. Mr. Popple to Mr. Attorney General. The Council of Trade and Plantations desire your opinion in point of law upon the inclosed Act of Barbados to dock entail limited on a certain plantation in that Island, and to enable Geo. Nicholas and Susannah his wife to sell the same etc. [C.O. 29, 13. pp. 383, 384.)
July 27.673. Sir E. Northey to the Council of Trade and Plantations. I have no objection to the above Act of Barbados, (v. preceding) being confirm'd by H.M., the intent being only to bar an intail, for the satisfaction of purchasers, which might have been done without the said Act. Signed, Edw. Northey. Endorsed, Recd. 27th, Read 31st July, 1717. ¾ p. [C.O. 28, 15. No. 9; and 29, 13. pp. 384, 386.]
July 27.
New York.
674. Governor Hunter to Ambrose Philips. Encloses following and answers in detail the petition of Traders etc. of New Jersey (v. No. 588 i.). The petition was either forged or offered to the signers as a paper of quite a different nature. Its contents as far as they have the appearance of grievances are absolutely false etc. Concludes: The Militia is in very good order ever since Mr. Cox and his associates were turned out of it, it was not indeed safe in their hands who had for the last years of H.M. reign rung the peal of the Churches danger, under the auspicious influence of the nonjuring Mr. Talbot, lowder than ever it had been rung in England, and indeed their whole conduct was but an echo to that on the other side, if there should be any doubt of this, Mr. Smith the Secretary of the Jerseys may be interrogated upon oath in what manner and in what terms Mr. Cox told him, long before the Pretender's landing, that he was at the head of 50,000 men in Scotland, and Mr. Flower the Postmaster of Philadelphia shall take his oath to the following words spoke by Mr. Cox upon reading the votes or resolves of the Lords, relating to the Treaties of Commerce, "By God these Whig Lords will never be quiet till twenty of their heads are struck off." I hate the method of exculpation by recrimination, but Mr. Cox as I am informed carryed with him a testimonial of his great moderation and affection to the Protestant Succession, signed by some who are just as moderate, and as well affected that way as himself, which makes me judge so much at least as is here said, not unnecessary. In the mean time the Indians there, and all around are perfectly quiet, and easy, notwithstanding the repeated endeavours of these mad men to make them otherwise, the story of Wetherill's deed is one minute instance, etc.
I believe you'll be at a loss to find out a cause for such inveterate malice, and fury, without provocation. I will help you out. Upon my arrival here that Party called my Lord C's, of which Cox was the cheif, was the forwardest and warmest in their compliments and protestations, I believing them sincere laid hold of them as means put into my hands for healing the divisions, which tore that Province to pieces, and laboured hard in it accordingly, but to my surprise, and every bodies besides those who were in the secret, in the very first Assembly, which I held in the Jerseys I met with such avowed opposition from that party both in Council, and elsewhere, that if I had not found means to take off Mr. Mompesson, and Col. Quary from their side in some things material, no one thing could then have been done at that Session, either for the good of the Government, or of the countrey, but my surprise was soon at an end, for that fatal change of the Ministry, (which I only apprehended from very dark hints) was noised about the country by these men before it was made, and wagers openly lay'd that I should be superceded in a few months, as an unavoidable consequence of that. However, as I was bound in duty, and in answer to the earnest representation of that Genl. Assembly, I submitted the whole conduct of these Gentlemen to H.M. Ministers, and the Lords of Trade, also after a full hearing advised H.M. to dismiss them from her council, as disturbers of the public peace etc. This blow so little expected put him in particular into such a rage, that he has breathed nothing but revenge ever since, add to this, that he has a dispute depending with the Proprietors of the Jerseys for the greater part of the lands he possesses or claims, and jud(g)ing of me by himself, I suppose, thought it not adviseable to trust a decision to one whom he had so much provoked, but if I know myself he was in no danger, if he has justice on his side, and to cure him of these suspicions, I have constantly advised the contending parties to bring that suit to an issue, feigned, or real, that it may be carryed before the King in Council, but in reality no Government would serve his turn that was not intirely tractable to his interests right or wrong as I believe it sometimes has been. Upon the whole matter if upon representing to the Lords of H.M. Council what I have I think so plainly made out (and much more shall be transmitted if necessary) their Lordships are persuaded that the accusations are false and infamous; I humbly submit it whither it may not be necessary for the peace of that Province, that there be a public declaration of their Lordps'. opinion, for on the other hand, if I thought myself guilty I pronounce myself deserving of the most publick and exemplary punishment. Printed, N.J. Arch., 1st Ser. IV. 312. Copy. [C.O. 5, 995. pp. 396–416.]
[July 27.]675. Papers referred to in preceding.
675. i. Petition of Traders etc. of New Jersey to the King. Duplicate of No. 590 i.
675. ii. Copy of an Address of the Justices of the Peace at Quarter Sessions at Burlington, June 11, 1717. There is not one trader nor any Proprietor of any considerable value among the signatories to above petition. Some deny they ever signed it, and others are poor day labourers or well meaning persons imposed upon by the cunning insinuations of Daniel Cox etc. Signed, Thomas Gordon, Att. Genl., Francis Davenport, Sher., James Thomson, Cl., Jacob Doughty, John Wills, Isaac De Cow, Saml. Goldy, Saml. Furnis, James Adames, Rich. Ridgway, Tho. Hooton.
675. iii. Certificate by William Spencer that he never signed any petition against Governor Hunter. June 4, 1717. Signed, Wm. Spencer, his mark. Copy.
675. iv. Copy of an Address of the Justices of the Peace in the County of Hunterdon to Governor Hunter. 4th June, 1717. Similar to No. i. Praise H.E.'s just, legal and mild administration etc. Signed, Thomas Gordon, Att. Genl., John Minehead, Sher., Wm. Yard, Cl., Theoph. Ketcham, Cor., Tho. Leonard, Jacob Baillergreau, Wm. Green, Saml. Fitch, Jonath. Robert, John Parke, Dan. Bayles, Joseph Stout, Isaac Herin, Allaster Ringe.
675. v. Copy of Address of the Justices of the Peace of Monmouth County to Governor Hunter. 28th May, 1717. Protest against above petition and praise H.E.'s administration, etc. Signed, Thomas Gordon, Att. Gnl., David Johnston, Sher., Lawrence Smith, Cl. Par., John Reid, Jeremiah Stilwell, Henry Leonard, Joseph Wardell, Law. Van Hook, John Wilson, Richd. Chambers, James Ashton.
675. vi. Copy of similar Address of the Grand Jury of Monmouth County, to Governor Hunter, May 28, 1717. Signed, Benj. Cooper, Richard Jobe, Alex. Napier, John Reid junr., Tho. Morford, Tho. Applegeat, Tho. Combs, Richd. Standley, Saml. Stilwell, John Webley, John Reid, Cornel. Tomson, Andr. Wilson, Amb. Stelle, Sam. Dennis jr., Peter White, John Throgmorton.
675. vii. Copy of similar Address of the Grand Jury of Hunterdon County to Governor Hunter, 4th June, 1717. Signed, Ralph Hart, Richd. Furman, Geo. Woolsey, Richard Cumton, Theop. Phillips, Richd. Laming, Timothy Titus, Jonathn. Davis Cuper, Saml. Everit, Gersham Moore, Robt. Laning, John Everit, Thomas Smith, John Field.
675. viii. Copy of similar Address of the Grand Jury of Burlington County, June 11, 1717. Signed, R. Right, Isaac Pearson, Tho. Wetherill, Benj. More, Saml. Lippincot, Henry Barr, Henry Clothier, Saml. Woolston, John Hooley, Robt. Webb, Samuel Lovett, James Lippincott, Josiah Suthericke, Richd. Hayens, Josiah Gaskell, Restoar. Lippincoat, John Evers, John Woolman, James Antrum, Thos. Wilkins, Wm. Hollinshead.
675. ix. John Wills to Governor Hunter, 19th June, 1717. Enclosed (No. x.) was given me by Thomas Hooton at Philadelphia, who frankly gave it under his hand that he was seduced by Saml. Bustill to sign the scandalous paper etc. It seems as if they were hard put to it to get signers, that they apply'd themselves to such a one as petitioner who is a profess'd Roman Catholick and lives in another province, etc. Signed, John Wills. Copy.
675. x. Copy of Petition of Nicholas Gateau, of Philadelphia, Victualler, to Governor Hunter. June 15, 1717. Petitioner was seduced to sign the petition of the contents whereof he was altogether ignorant. He abhors its design and prays for pardon. Signed, Nicholas Gateau.
675. xi. Copy of deposition of Nicholas Gateau. June 19, 1717. Samuel Burstall asked petitioner to sign a petition for Daniel Cox to be Governor. Not understanding English, deponent did so, etc. Signed, Nicholas Gateau.
675. xii. Rev. John Talbot to Governor Hunter. Duplicate of No. 587 vii.
675. xiii. Deposition of George Willcocks. Duplicate of No. 587 v.
675. xiv. David Lyell to Governor Hunter. Philadelphia, June 16, 1717. Mr. Talbot has refused to give his affidavit relating to the persons who had a design to burn Burlington, etc. Signed, David Lyell. Copy.
675. xv. Deposition of Lawrence Smyth, Clerk of the Peace for the County of Monmouth. July 12, 1717. Corroborates No. 471 vi. Signed, Laurence Smyth. Copy.
675. xvi. Deposition of John Johnston of Scots Chester. 15th July, 1717. Corroborates preceding. Signed, John Johnston jnr. Copy.
675. xvii. Deposition of John Graham, of New York. 15th July, 1717. Corroborates preceding. Signed, John Graham. Copy.
675. xviii. Deposition of John Kay. Duplicate of No. 471. v.
675. xix. Deposition of Thomas Wetherill and Samuel Furnis. Duplicate of No. 471. iv.
675. xx. Deposition of David Lyell, Member of Council of New Jersey, and William Bradford of New York, Printer. July 8, 1717. Daniel Leeds, who signed the petition, told deponents that the Governor's turning out the Sheriffe was true and contrary to the laws of Great Brittain. Some Parliament men in England had asked how the people of New Jersey could bear such oppressions without riseing in defence of their liberty. Leeds himself had restrained them from riseing. He hoped that in six months they should be releived, if not, the people would not beare it, etc. Mr. Asher Clayton whose name was also subscribed to it, said he had never seen the petition before, nor heard of it, nor signed it, etc. David Lyell, William Bradford. Copy.
675. xxi. Deposition of David Lyell. 8th July, 1717. William Cutler, day-labourer, whose name was subscribed to the petition, declared that he never signed it, etc. Signed, David Lyell. Copy.
675. xxii. Daniel Coxe to Richard Allison. Duplicate of No. 392 i.
675. xxiii. The Queen to Governor Hunter, dismissing Pinhorne, Cox etc. Duplicate of C.S.P. May 4, 1713.
675. xxiv. Certificate that above are true copies. July 16, 1717. Signed, John Johnston, Mayor of New York
675. xxv. Affirmation of John Wills. Duplicate of No. 471 iii.
675. xxvi. Part of copy of Petition No. 590 i.
675. xxvii–xxxvii. Duplicates of Nos. xv.–xxv. supra.
675. xxxviii. Remainder of petition No. xxvi.
675. xxxix. Duplicate of No. xxiv.
675. xl. Duplicate of Petition, Nos. xxvi. and xxxviii. The whole, 113 pp.
675. xli.–lxiii. Duplicates of Nos. ii.–xiv. supra. [C.O. 5, 971. Nos. 33, 34, 34 i.–xxiii., 35–62.]
July 29.676. Comptrollers of the Accounts of the Army to the King. The want of muster-rolls and other necessary papers relating to the Garrison of Placentia have render'd it impossible for us to lay before your Majesty a satisfactory account of their affairs. We have however recommended to the Secretary of State the immediate sending the necessary provisions for the effective numbers according to the last returns etc., and that cloathing be dispatched before the winter etc. Propose that, in order to obtain full information of their state, the usual Commission formerly given to the Commodore of the Convoy be sent to Capt. Passenger, and that Lt. Gov. Moody, against whom there are many grievous complaints, may be order'd to return home with him to answer the same, and to settle his accounts, upon which the stating those of the whole Garrison do depend which has not been done since their first establishment. Endorse proposal of Board of Ordnance, 1716, for reducing the fortifications and garrison etc. Propose that instructions be given to the Board of Ordnance to provide the necessary material for building the small fort for securing the entrance of the harbour as proposed by them, "which besides the other advantages, by the few soldiers left, will be one means to prevent the frequent disputes which have arisen between 'em, the inhabitants and the fishing ships, on account of a scandalous trade very prejudicial to the fishing as well as injurious to your Majesty's subjects, who have often trusted the inhabitants of Newfoundland with money and necessaries to carry on their trade in hopes of being repaid by returns of fish, but these people instead of endeavouring to satisfy these just debts by a carefull and industrious behaviour during the fishing season, consume the credit given them in buying at exorbitant prices, rum and other strong liquors, for the payment of which, all the little fish they do catch is usually seiz'd and their honest creditors defrauded; as by the many debts of this kind is well known to all the merchants, who have been concern'd in the fishing trade; which is not the only mischief, but by their loose, idle, drunken manner of life, they debauch the fishermen from their employments and labour, and have occasion'd the many complaints with which the Parliament have been often, amus'd and troubled. And as we fear it is in vain to hope by any laws or new regulations to remedy these disorders, or to bring these miserable bankrupts under any Government, we believe nothing wou'd tend more to the improvement of the fishing trade than if some method was thought of to remove all these inhabitants from Newfoundland, since then such merchants only as are truly intent upon the fishery wou'd have any encouragement to trade thither, and by this and the more carefully putting in execution the several Acts of Parliament relating to the Fishery and Navigation, which are now, very much neglected, we doubt not but that there wou'd be soon found a visible improvement of the fishery trade which can never be well carried on without industry and frugality. Signed, P. Meadows, Ja. Bruce, J. Merrill, M. Richards. Endorsed, Recd. (from the Comptrollers Office) 15th, Read 17th March, 1717/18. Copy. 7½ pp. [C.O. 194, 6. No. 44.]
July 30.
677. Lt. Governor Bennett to the Council of Trade and Plantations. I have now transmitted the publick accounts etc., the number of the inhabitants, and Acts and Journals of the Assembly etc., and shall as soon as possible perform in every respect what is required of me, but the want of clerks makes every officer unwillingly obliged to delays. On the 8th of Augt. last I wrote to Mr. Popple giveing an account of the proceedings of the Bermudeans to that time att the wrecks on the coast of Florida, since which they have been there, and again disappointed by being prevented working by one Capt. Archer Commander of a brigantine in the patentees for wrecks employ, as appears by an inclosed account of several masters of vessells who were not permitted to fish, which I now verily believe to be true by many demonstrations that what is set forth to have been sheared per man is right: as for the rest it's what those masters drew up to satisfie me thereby the better to qualifie me according to my duty to acquaint yor. Lordps., for att first I told them that I did not believe what they affirm'd, and when that paper or narrative was brought to me the masters said they would sign and swear to the truth thereof if required. From Boston in New England I am advised that on the 27th of April a pirate ship of 26 guns commanded by one Bellemy met with a ship, bound for New England from the Maderas which she took near Cape Codd, and after taking the Mastr. and all the men out excepting one and a boy, they put seven of their own hands on board with directions to keep company with them. The pirates in both vessells regaled themselves so liberally with Madera that they all got drunk and ran their own vessell on shoar att a place called Nossetts Bay to the Southward of the Cape, on board her were 120 men, two whereof were only saved: The man and boy on board the taken ship seeing the seven men drunk and a sleep on the deck took that opportunity and stood in for the land and run her fast aground, the pirates were secured by the inhabitants and carried to Boston: The ship that Bellamy had called the Widdaw, which he took from one Capt. Prince belonging to Bristol as he was turning through the Bohama Islands from Jamaica bound home. From Jamaica, I am inform'd that a sloop called the Bennett was taken on the 1st of April last by two pirates soon after she came out of Porto Bell where she had been tradeing, and on the 7th following a sloop called the Revenge from the same place was also taken by the same pirates near Jamaica, to where they were both bound: It is said that in those vessells were 400,000 pieces of 8/8 great part belonging to the Asiento Company. North and South America are infested with those rogues but the Bahama Islands are their randezvouse and by a modest computation it's concluded they are att least 1000 distributed in ships, brigantines, and sloops, and certainly will increase for when they take a vessell some of the sailors generally turn to them. From Barbados dated 18th of May ult. I hear that the Duke Regent of France has sent several vessells of force to their Islands to demand many years arrears of dutys unpaid: The inhabitants of Martineco have rebelled and seized their General and the Intendant and were actually in arms two days before the date of my above letter, and refused to pay the demand. My Lords, I most humbly thank yor. Lordps. for the justice done me in relation to that most barbarous petition prefer'd against me by Sir John Lamberts—for which there was noe manner of ground, but basely and malitiously meant to load me with infamy thereby soe to incense H.M. and yor. Lordps. as to occasion my recall, but yor. accustomed wisdom, honour and goodness interposed and preserved me from ruin, pardon me my Lords if I presume to propose that all petitioners in the like nature may be obliged to give good security to make out their allegations, which would not only prevent a great many troublesom complaints but give the injur'd opportunity of recovering satisfaction. One Tho. Browne has lately been taken up here on suspicion for piracy, and a wart. is out for apprehending one Cohoon for the same fact, I shall acquaint yor. Lordps. further of this matter after haveing been brought to their trialls, etc. Signed, Ben. Bennett. Endorsed, Recd. 10th Sept., 1717, Read 24th Feb., 1717/18. Holograph. 2¾ pp. [C.O. 37, 10. No. 5; and (abstract) 37, 24. pp. 4, 5.]
July 30.
678. Lt. Governor Bennett to Mr. Popple. Refers to captured pirate as in preceding. Continues:—Concludeing as I have repeatedly heard, that the Act of Parliament for the trial of pirates in the West Indies by the respective Governors with Commissioners was revived, and had sent to Barbados for it, but understanding that other Governors had wrote for directions what to doe, I desire to receive directions what I am to doe in that affair, etc. Signed and endorsed as preceding. Holograph. 1¾ pp. [C.O. 37, 10. No. 6.]
July 30.
679. William Cockburn to Mr. Popple. When I came to towne from Scottland, I was not a little surprised to hear it whisper'd about amongst Mr. Heywood's friends as if he had transmitted to the Lords of Trade a complaint against me in the discharge of my duty whilst I officiated the office of Secretary of Jamaica etc. Prays for a copy of the sd. complaint (if any there be) etc. Signed, Will. Cockburn. Endorsed, 31st July, Read 9th Aug., 1717. 2 pp. [C.O. 137, 12. No. 52.]
July 30.
Custom ho., London.
680. Mr. Carkesse to Mr. Popple. Returns draught of Instructions for the Governor of Jamaica (v. 3rd July), with such additions and alterations as the Commissioners of Customs thought necessary etc. The Commissioners have received frequent complaints from the Surveyors Genll. and other officers of the Customs on the Continent and in the Islands, that they are frequently obliged to serve on jurys and personally to appear in arms, whenever the Militia is drawne out, and thereby are very much hindered in the execution of their respective imployments. The Commissioners therefore desire the Lords of Trade will please to be a means that all H.M. Governours in the Plantations may be directed to excuse the officers of ye Customs from appearing in arms or serving on jurys or any parochial offices, which may hinder them in the execution of their dutys, unless in cases of absolute necessity. Signed, Cha. Carkesse. Endorsed, Recd. 31st July, Read 3rd Oct., 1717. 1p. [C.O. 137, 12. No. 71.]
July 31.
Hampton Court.
681. Order of King in Council. Repealing Kingston Act of Jamaica, 1713. (v. July 15 and A.P.C. II., No. 1211.) Endorsed, Recd. 8th, Read 9th Aug., 1717. 2 pp. [C.O. 137, 12. No. 53; and 138, 15. pp. 277–280.]
July 31.
Hampton Court.
682. Order of King in Council. Discharging the Council of Trade and Plantations from proceeding upon the petition of Charles Long concerning the above Act. Signed, Robert Hales. Endorsed as preceding. ¾ p. [C.O. 137, 12. No. 54; and 138, 15. p. 280.]
July 31.
Hampton Court.
683. Order of King in Council. Confirming Act of Jamaica to prevent negroes being evidence against the wife and sons of John Williams etc. Signed, Robert Hales. Endorsed, Recd. 15th, Read 16th Aug., 1717. 1p. [C.O. 137, 12. No. 57; and 138, 15. pp. 283–285.]
July 31.
Hampton Court.
684. Order of King in Council. Confirming Act of Bermuda to vest certain lands in trustees etc. (v. May 23). Signed, Robert Hales. Endorsed, Recd. 15th, Read 16th Aug., 1717. 1 p. [C.O. 37, 10. No. 3.]
July 31.
685. Council of Trade and Plantations to the King. Recommend for H.M. approbation Act of Barbados to dock an entail etc. (v. July 26). [C.O. 29, 13. pp. 386, 387.]
July 31.686. Samuel Mulford to the Council of Trade and Plantations. States his claims to free whale fishing in New York etc. v. A.P.C. II., No. 1222. Endorsed, Recd. 31st July, Read 15th Aug., 1717. 3 pp. Enclosed,
686. i. Copies of Governor Hunter's writs to seize all whales, and of subpænas to witnesses for the prosecution of Samuel Mulford for catching whales without licence etc. 1 p.
686. ii. Affidavit by 8 witnesses that they were subpænaed as preceding. Signed, Elisha Howell and 7 others. ½ p.
686. iii. Samuel Mulford to the Council of Trade and Plantations. It was an ancient custom for the subjects in New York to fish for whales freely etc. Argues case. Signed, Samuel Mulford. 2 pp. [C.O. 5, 1051. Nos. 31, 31 i.–iii.]
July 31.
Hampton Court.
687. Order of King in Council. Approving Representation of June 29th, and repealing 3 Acts of Virginia (1) for preventing frauds in tobacco payments (1713); (ii) continuing the same (1714); and (iii) for the better regulation of the Indian trade; and further ordering Instructions to the Governor of Virginia and other Governors as therein proposed. Signed, Robert Hales. Endorsed, Recd. 3rd, Read 8th Aug., 1717. 2½ pp. [C.O. 5, 1318. No. 18; and 5, 1364. pp. 492–495.]
July 31.
Hampton Court.
688. Order of King in Council. Confirming Act of Antegoa to enable Giles Watkins etc. (v. 8th July etc.). Signed, Robert Hales. Endorsed, Recd. 15th, Read 16th Augt., 1717. 1p. [C.O. 152, 12. No. 8; and 153, 13. pp. 76, 77.]
July 31.
Hampton Court.
689. Order of King in Council. Confirming Act of St. Christophers to enable William Matthew etc. Signed and endorsed as preceding. 1¼ pp. [C.O. 152, 12. No. 9; and 153, 13. pp. 77–79.]
[? July.]690. Governor Hunter to the Council of Trade and Plantations. Refers to enclosures. Continues: Amongst my transactions with our Indians at Albany, your L[ordships] will observe some which relate to a complaint from the Governor of Virginia, the true state of the matter is as follows, I had prevail'd with our Indians to interpose in the Carolina war, [they] had accordingly sent out several partys last fall to view [the] Indian enemys, and discover their situation, and the passages; after all that I have done for the relief of the people of Carolina, and for which their Govr. seem'd thankfull I have not heard from them of a long time, but hearing last fall by all our tradeing vessels. that they were near to a conclusion of a peace, and in order to it they had actually agreed to a cessation of arms, I sent to our Indians to stop the march of their partys, and if possible to recall such as were march'd, which they accordingly did, but this one party of the Mohocks had got too far to be recall'd, and on the frontiers of Carolina fell upon [one] of these Indian nations who had been at war with Carolina, and a few years agoe, had treacherously and basely murther'd the Embassadors of our five Nations, that very night in which they had with them concluded a peace, the Indian who commanded the party declared that he saw no Fort, and had he known that they were under the protection of the English, or in terms of peace with them, he would not have attack'd them notwithstanding the great provocation I have mention'd, the five Nations have made all the amends for the mistake (if it was one) which was in their power, (v. enclosure), and have proposed the renewing the covenants with Virginia which were long ago enter'd into by my Lord Howard (then Govr. of that Colony) at Albany, I have advis'd Coll. Spotswood to send Deputys for that purpose, which I am confident will contribute very much to preserving the peace, and security of all H.M. subjects on this Continent. If I could with safety to H.M. affairs make use of my lycense of absence at this time I have not the means, Captain Owen who commands our station ship haveing thought fit to goe directly for England from Jamaica, in the mean time our coast is infested with pyrates. I have secur'd here the master and boatswain of the pyrate sloop commanded by one Paul Williams, who has committed several pyracys in these seas, and on this coast. I have them in irons in the Fort not judging it expedient to trust them to the ordinary goals; we are at a loss as yet what to doe as to their trial, but I have submitted it to the Gentlemen of the law for haveing no advice of that act of Parliament relateing to such trials, whither it has been renew'd since its expiration, or whither there be any commission as that Act directs for that purpose, etc. If they are to be tryed by a jury their fate may be doubtfull, be the evidence ever so plain and clear. Having receiv'd from our Agent a Memorial containing complaints against me, promoted and presented to H.M. by Mr. Daniel Cox, I have by this conveyance transmitted to him as full and satisfactory an answer as ever was given to anything of that kind etc., by which you will perceive that if the country is not now actually in arms, and rebellion it [is] not for want of pains in that gentleman, and his [associ]ates. I have formerly acquainted your Lordships that all the divisions in the Jerseys were oweing to him, that he had fled from prosecution for the same, and [crimes] of that nature, and thought that I had reason to insist [that] he should first be remanded to answer for his conduct [to] the Laws here, before he could well be receiv'd as a plaintif on the other side. However I have now answered with regard to that, and cannot see what reparation it [is] possible for him to make for the injury he may have done to my reputation, by such false and groundless complaints, for thousands will hear of the accusation who may probably know nothing of my justification etc. Signed, Ro. Hunter. Endorsed, Recd. 9th Sept., Read 14th Nov., 1717. 3¼ pp. Enclosed,
690. i.–viii. Governor Hunter's Conference with the Five Nations in Albany, 13th–16th June, 1717. Signed, Robt. Livingston, Secretary to ye Comrs. of ye Indian Affairs. Endorsed as letter. Edges rubbed. 20 pp. Set out, N.Y. Col. Docs. V., pp. 483–494, q.v. [C.O. 5, 1051. Nos. 36, 36. i.–viii.; and (without enclosures) 5, 1123. pp. 482–487.]
[? July.]691. Governor Hunter to the Council of Trade and Plantations. Duplicate of preceding, but concludes by referring to enclosed Acts of Assembly and Minutes of Council of New York of the last Session. "None of the Acts require any particular observations" etc. Signed, Ro. Hunter. Endorsed, Recd. 18th Sept., Read 14th Nov., 1717. 4 pp. [C.O. 5, 1051. No. 37; and 5, 1123. p. 488.]