America and West Indies
August 1717

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Institute of Historical Research

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Cecil Headlam (editor)

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1930

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1-24

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'America and West Indies: August 1717', Calendar of State Papers Colonial, America and West Indies, Volume 30: 1717-1718 (1930), pp. 1-24. URL: http://www.british-history.ac.uk/report.aspx?compid=74025 Date accessed: 23 July 2014.


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COLONIAL PAPERS.

August 1717

1717.
Aug. 1.
1. Mr. Attorney General to the Council of Trade and Plantations. Your Lordships informed me that when I should send the draught of the Proclamation for pardoning of pirates (v. July 15), you would give me your assistance, etc. When the draught of the pardon was made, all piracies were excepted, nevertheless such pirates. who should surrender themselves by a day to be prefixt were to be pardoned. But on further consideration thereof, the Nevertheless etc. was left out, and the exception of pirates remained absolute, it being then intended to issue a pardon by Proclamation for pirates, on such terms as should be thought proper. Whereupon I was commanded to prepare the Proclamation for that purpose with your Lordships' assistance etc. (v. July 15). I have now prepared the draught, which is submitted to your Lordships, etc. Signed, Edw. Northey. Endorsed, Recd, 2nd, Read. 7th Aug., 1717. 1 p. Enclosed,
1. i. Draught of H.M. Proclamation for suppressing of pyrates, referred to in preceding. 2½ pp. [C.O. 323, 7. Nos. 104, 104 i.; and 324, 10. pp. 127–131.]
Aug. 2.
Barbados.
2. Governor Lowther to Mr. Secretary Addison. Recommends following as a proper object of H.M. clemency. Signed Robt. Lowther. Addressed. ½ p. Enclosed,
2. i. Petition of Lucy Harwood, to the King. In 1716, Deponent's late husband Richard, accidentally met in the highway and fought with Emanuel Healis. Her son Richard hastening up to prevent mischief arrived after her husband was shot dead by Healis, who also had received wounds of which he died. Richard jr. apprehending himself to be lyable to be questioned for the death of Healis, withdrew from the Island etc. Prays for H.M. pardon of his offences. Signed, Lucy Harwood. 1 p. [C.O. 28, 43. pp. 455, 456.]
Aug. 2.
Hampton Court.
3. Mr. Secretary Addison to the Council of Trade and Plantations. Refers following for their report. Signed, J. Addison. Endorsed, Recd. 6th, Read 9th Aug., 1717. ¼ p. Overleaf,
3. i. Petition of Sir Alexander Cairnes Bart., James Douglass and Joshua Gee, merchants, on behalf of themselves and others, to the King. Pray for a grant of land in Nova Scotia for a settlement 5 leagues to the S.W. and 5 leagues to the N.E. of the River and Harbour of Chiboutou etc. French. 1 p.
3. ii. English version of preceding. [C.O. 217, 2. Nos. 33, 33 i., ii.; and (without enclosure i.) 218, 1. pp. 327–329.]
Aug. 2.
Hampton Court.
4. Mr. Secretary Addison to the Council of Trade and Plantations. Refers following for their report. Signed, J. Addison. Overleaf,
4. i. Petition of Bernardo de Guardia and Peter Diharce to the King. Petitioners having attended the Council of Trade and Plantations upon their former petition (June 15), were informed that they not having particularly mentioned the damages, losses, proffitts and intrest they have susteyned, or which they would necessarily have gained by the voyage of the Nostra Signora de Bethleem, their Lordships could not in pursuance of the reference take any notice thereof. At a moderate computation these amount to £37,485 sterling. Pray H.M. order that satisfaction be made etc. Signed, Bernardo de Guardia, Peter Diharce. The whole endorsed, Recd. 6th, Read 9th Aug., 1717. 1¼ pp. Enclosed,
4. ii. Details of above estimate. Signed as preceding. 1 p. [C.O. 137, 12. Nos. 55, 55 i., ii.; and (enclosure 1 only) 138, 15. pp. 281–283.]
Aug. 6.
Whitehall.
5. Council of Trade and Plantations to Mr. Secretary Addison. Enclose following to be laid before H.M., "appearing to us to be matters of very great consequence to the Trade of this Nation." Autograph signatures. 2 pp. Enclosed,
5. i. Copies of letter etc. from Lt. Gov. Spotswood, 31st May, 1717, relating to seizures by Spaniards and increase of pirates. [C.O. 5, 1342. Nos. 4, 4 i.–v.; and (without enclosures) 5, 1364. pp. 487, 488.]
[Aug. 6.]6. Daniel Bolton to the Council of Trade and Plantations. The late French part of St. Christophers contains 30,000 acres whereof 20,000 are the best in all the Leeward Islands for sugar canes, the other 10,000 acres are fit for graising and producing cotton and indico. £60,000 has been offered for the said lands etc. All or most of the Proprietors of St. Christophers, who were plundered by the French to whom debentures have been made out for the losses they sustained, had large plantations granted them of the sd. French lands, who still hold(s) the same rent free (and ever since the said Island was invaded by the French) out of which they have raised considerably more mony, than the losses they sustain'd by the said invasion, besides the intrest they have received from the Crown on their said debentures. The said 10,000 acres are worth £10 pr. acre. Mr. Buckridge the late Collector of Antego delivered an estimate thereof to the late Lord Bolingbroke at £20 pr. acre, but the reasons why his Lordship stifled that estimate is obvious. The other 10,000 acres which lyes adjacent to the salt ponds are by a modest computation worth 20/s. pr. acre, besides what the salt ponds may produce. The town of Basse Terre, containing between 50 and 60 houses, will yield the Crown £4000, which the present possessors are willing to pay. Total, £214,000. Signed, Danl. Bolton. Endorsed, Recd. Read 6th Aug., 1717. 2 pp. [C.O. 152, 12. No. 7.]
Aug. 7.
Whitehall.
7. Council of Trade and Plantations to the Lords Commissioners of H.M. Treasury. Transmit copies of papers already made in reply to 17th July etc. Continue;—The rest shall be sent as soon as possible. But in the mean time having seen your Lordps.' advertizement in the Daily Courant and Gazette, whereby you have been pleased to direct such persons as are willing to purchase the said lands, to lay their proposals for that purpose before us on or before the 24th day of this instant August, we thought it necessary to acquaint your Lordps. that we have already made some progress in our enquiries concerning the value of the said lands. But as we have no survey of the same and as the accounts we have received from such persons as we have discoursed upon this subject do vary extreamly, not only in the value, but likewise in the number of acres contained in the late French part of St. Christophers; we are of opinion it will be most for the advantage of the publick that the lands should be parcell'd out into lots, and sold at a certain value per acre. But as the persons designing to purchase must be at a loss in what manner to turn their proposals, we would beg leave to submit to your Lordships whether it may not be convenient that they should be apprized of the annexed conditions; which we conceive necessary for the settlement and security of the Island, being in great measure the same that have been proposed in former reports by this Board. If your Lordps. shall approve of these preliminary conditions or any of them, we shall be glad to know your sentiments thereupon, that if you think proper the same may be communicated to the persons who are to make their proposals before we receive the same, whereby in our opinion much time may be saved. When we shall have received and considered the proposals that will be laid, relating to this matter, we shall take the liberty to offer your Lordps. what may further occur to us as necessary towards the better settlement of the said Island. Annexed,
7. i. Preliminary conditions proposed for purchases of lands in the late French part of St. Christophers. (i) A quit-rent not exceeding 6d. pr. acre to be reserved. New purchasers to be liable to the 4½ p.c. Plantation duty, and all laws, customs and usages now in force in the English part. (ii) 3000 acres lying most contiguous to the sea, and not proper for sugar-canes, to be given gratis in small plantations from 8 to 10 acres to poor families etc. to be held in capite and unalienable. (iii) The salt ponds to be reserved for the use of the Island in common. (iv) The French Protestants' lands, which they lost upon account of their religion and which upon that consideration have been regranted to them by H.M. shall continue in their possession, subject to the same quit-rents, tenures and imposts as the new purchases. (v) Such parcells of improvable lands, as are at present held by any intermediate lease from the several governmts. of the Leeward Islands shall continue in the possession of the present planters, provided they will pay a just value for the same, and hold their lands under such conditions as the other purchasers etc. (vii) No one person shall be allowed either now or hereafter to purchase above 200 acres of such land now to be disposed of, as shall be deemed plantable for sugar canes, and whoever is already possessed of a plantation in the said Island or any other of the Leeward Islands, if it already exceed 200 acres of the plantable land, shall not be admitted to be a purchaser etc. (vii) Each grantee to be obliged to cultivate the lands in a certain limited time, and for every 40 acres to keep one white man or two white women within a year after the date of their grant or bill of sale, and one white man or two white women for every 20 acres three years after the sd. date. (viii) The ground not adjudged improvable, if the same will not produce upon sale any considerable sum, to be reserved in the hands of the Crown, till a further demand for land in the said Island may render the same more valuable, or given gratis in capite, to poor inhabitants in the same proportions, and under the same conditions with the 3000 acres on the sea coast. (ix) No Roman Catholicks shall be admitted purchasers of any of the lands now to be disposed of. [C.O. 153, 13. pp. 61–66.]
Aug. 9.
Whitehall.
8. Council of Trade and Plantations to Mr. Secretary Addison. Enclose following, in reply to 11th May, to be laid before H.M. Annexed,
8. i. Council of Trade and Plantations to the King. Representation upon the pretensions of the Danes to St. Thomas and the little Isles about it. By the copy of the letter of King Charles II (v. C.S.P. ix. Sept. 23, 1672) which the Danish Envoy has produced, it does not appear that H.M. gave directions against molesting the subjects of the King of Denmark upon any other Island or Colony to which H.M. of Great Britain had a right, except that of St. Thomas; but that in the same letter it is required and commanded that H.M. Governor forbear and forbid the doing of anything that may give just cause of unkindness between his Majesty and the King of Denmark, and to shew and exercise all acts of friendship to the inhabitants of the aforesaid Island of St. Thomas and all other the subjects of the said King of Denmark in the West Indies, upon express condition, that they the said subjects of the King of Denmark in the mean time do nothing contrary to his Britannick Majesty's right in his Colonies Islands and Plantations there etc. That by the expression all other the subjects of the said King of Denmark in the West Indies, was meant of no other settlement besides St. Thomas, and such Danish subjects as might be met with at sea by the subjects of Great Britain, or who might have occasion to touch at any of the Colonies belonging to H.M. of Great Britain, we humbly conceive appears by the subsequent Instructions given to the Governors of the Leeward Islands and other entries we find in the books of our Office which we take leave to mention to your Majesty as follows. Refer to Sir W. Stapleton's letter 11th Nov., 1682, and Representation thereupon, Order in Council 28th Feb., 1682, and Instruction to Governor Stapleton 7th May, 1683 (to assert the right of England to the Virgin Islands), Order in Council, Nov. 14, 1683 (directing Sir W. Stapleton to seize the Governor of St. Thomas etc.), Lord Sunderland's letter 19th Feb., 1684, Representation 13th May, 1684, Order in Council 15th May, 1684, letters of Sir W. Stapleton 28th Oct., 1684, and Governor Sir Nath. Johnson 20th Feb., 1688, Mr. Blathwayt's report, 6th July 1688, (that Crab Island is one of the Virgin Islands), Governor Sir N. Johnson's letter 2nd June, 1688, etc. For these documents v. C.S.P. 1682–1688. Continue:—From which passages abovementioned it may be observed that Tortola and Anguilla were inhabited by subjects of Great Britain, and that if the Danes had ever any settlemt. on Crab Island or any of the Islands adjacent besides St. Thomas, it would probably be mentioned, which we have not found in any of the books or papers before us. It having been represented to King William that some foreigners endeavoured to settle on Crab Island, H.M. was pleased to give Instructions 4th Dec., 1694 to Governor Codrington requiring him "to assert H.M. title to all the Virgin Islands, so that the subjects of any foreign Prince or State whatsoever be not permitted to settle in any of the said Islands except St. Thomas which had been for some time in possession of the subjects of the King of Denmark, who were likewise to be given to understand that in case they should at any time act in prejudice to H.M. right of Sovereignty in those Islands that the King of Denmark had no good title to St. Thomas itself," etc. Which Instruction has been continued to all the succeeding Governors, and by your Majesty to Governor Hamilton, and the same being as we humbly conceive very much for your Majesties service, we can by no means presume to advise any alteration therein. [C.O. 153, 13. pp. 66–75.]
Aug. 9.
Whitehal.
9. Mr. Popple to Sir Edward Northey. Gives suggestions from the Board for draught of proclamation concerning pirates (Aug. 1st.) The time limit to be one year from the date of the Proclamation. The reward for apprehending a pirate commander to be £100, and for other officers £40 and £30, and private men £20. The men of any pirate vessel seizing their Commander to receive double the reward. Concludes:— Their Lordships finding that Henry Every alias Bridgman was excepted in the last Proclamation, desire you to consider whether it may not be proper to except him in this. [C.O. 324, 10. pp. 131, 132.]
Aug. 12.
Jamaica.
10. Peter Heywood, Commander in Chief of Jamaica, to the Council of Trade and Plantations. Since my last, I have reced. from a gentleman that was taken prisoner by the Barbadoes pyrate a parcell of papers wch. as he gave me account he had saved from the pyrates (seeing them directed for H.M. Governr. of Jamaica) who had taken the same on board a sloop bound for the Havanna from La Vera Cruiz, and altho' I know not what to write to those prisoners who are at La Vera Cruz, if an opportunity shd. offerr, I thought it my duty to remit coppys of them to your Lordships for directions if you shall think it necessary. We have account of pyrates from all parts, soe that 'tis with great hazard ships come to us, wch. has occasion'd a great scarcity of all sorts of provisions. Capt. Candler in H.M.S. Winchelsea is gone for Porto Vela and H.M. two sloops ye Swift and Tryall by his orders follow'd him sayleing from Portroyall ye 5th instant, soe here is only left for the defence of this Island, ye Adventure who has put up notices at Portroyal and Kingston that he will take under his convoy to see them thro. the Windward passage all such ships as will be ready to sayle ye 14th instant. The Assembly of our Island met according to prorogation ye 7th instant nothing of moment as yet has offerrd to signifye to Your Lords. but by the next opportunity shall prepare their Minutes and send them. Signed, Peter Heywood. Endorsed, Recd. 28th Oct., Read 19 Nov., 1717. 1 p. Enclosed,
10. i. Duplicate of July 3rd.
10. ii. Capt. Beverley, of Virginia, to the Govr. of Jamaica. Vera Cruz, March 6, 1716. Fresh intelligence in May last informed the Governor of Virginia that some pyrates had landed on the Island of Providence within his jurisdiction as Admirall, to the disturbance of the inhabitants, some of whom removed to Virginia and brought news from Providence that a wreck was dayly expected to be found there, and also that provisions were scarce, etc. Encouraged by the Governor, who gave me the enclosed credentials and instructions and furnished me with the King's arms etc., I sailed in a new sloop loaded with provisions and in my passage to Providence on 5th July was taken by a Spanish man of war St. Juan Baptista commanded by Don Joseph Rocher de la pena rere Admirall of their Barlevento squadron, who did have no regard to my credentials but carryed me prisoner with him to Vera Cruz, Sept. 12th, and have been kept prisoner ever since, where some of my men for want of subsistance are dead, and the Vice-roy in Mexico has condemned my sloop without suffering me to appear or speak one word for myself or knowing what is said against me, my men indeed are now suffered to embark to Cuba, but the Vice-Roy's orders is that myself shall be kept a prisoner, so that I cannot expect relief in any reasonable time from Virginia it being at such a distance, etc. Prays for H.E. assistance. Signed, Harry Beverley. Endorsed as preceding. 1⅓ pp.
10. iii. Testimonial by Lt. Governor Spotswood, in favour of Capt. Beverley. Williamsburgh, 15th June, 1716. Signed, A. Spotswood. Same endorsement. Copy. 1 p.
10. iv. Lt. Governor Spotswood's Instructions to Capt. Beverley to proceed to the Bahamas and to enquire about the pirates at Providence, the state of the Islands, and wrecks upon H.M. coasts etc. Signed, dated and endorsed as preceding. Copy. 3 pp.
10. v. Certificate that Nos. iii. and iv. are true copies. Vera Cruz, March 5, 1717. Signed, Josiah Nixon, A. Duncan. 1 p.
10. vi. Additional Instruction from Lt. Governor Spotswood to Capt. Beverley. If you meet with any Spanish Commissioner for enquiring into the affair of the wrecks on the coast of Florida, you are to acquaint them that Josiah Forbes master of a sloop belonging to Philadelphia having come into this Colony and being suspected of taking away by force plate and other goods from the Spaniards on that coast is under confinement here untill he shall give bail to answer what shall be laid to his charge etc. Signed, dated and endorsed as No. iii. Copy. 1 p.
10. vii. Affidavit by Capt. Beverley that the sloop Virgen was built in Pianetank River, 1716, and is owned by himself and Walter Keeble. Williamsburgh, 23rd April, 1716. Signed, Harry Beverley. Endorsed, Recd. 28th Oct., Read 19th Nov., 1717. Copy. 1 p.
10. viii. Deposition of some of the crew of the sloop Virgin in confirmation of No. ii. etc. Vera Cruz, 9th Dec., 1716. 30 signatures. Same endorsement. 1¾ pp. [C.O. 137, 12. Nos. 98, 98 i.–viii.; and (without enclosures) 138, 16. pp. 8–12.]
Aug. 13.
Tunbridge Wells.
11. Sir Alexander Cairnes to Mr. Popple. Excuses himself from attending the Board, owing to his "being here drinking the waters." Hopes for the Board's favourable report, the district desired being so small, and the undertakers disclaiming any inclination to have the power of government, etc. (v. Aug. 2.) Signed, Alex. Cairnes. Endorsed, Recd. Read 14th Aug., 1717. Addressed. 1 p. [C.O. 217, 2. No. 34; and 218, 1. pp. 329, 330.]
Aug. 13.
N. York.
12. Governor Hunter to Mr. Popple. Encloses Naval officer's accounts. Mr. Huddy and Mr. Parker two of the Council of the Jerseys are lately dead and Mr. Byerley is little better and Mr. Deacon through age unable to attend. Recommends Peter Tretwell and John Wells in the Western Division and John Read in the Western in their room etc. "I have some hopes of ye pleasure of embraceing you next Spring" and not till then, etc. Signed, Rd. Hunter. Endorsed, Recd. 28th Sept., Read 14th Nov., 1717. Holograph. 1½ pp. Set out, N.J.Arch. 1st Ser. II. 326. [C.O. 5, 971. No. 16; and 5, 995. p. 395.]
Aug. 14.13. Agents for the owners of the Nostra Signora de Bethleem to the Council of Trade and Plantations. Rectify some mistakes in former claim (v. Aug. 6th.) Endorsed, Recd. Read 14th Aug., 1717. 1 p. [C.O. 137, 12. No. 56.]
Aug. 15.
London.
14. George Bampfeild to Mr. Popple. One Mulford having printed and given about some papers against Brigadr. Hunter, which I doubt not will appear to their Lordships to be frivolous and vexatious like the other complaints that have been made against him, prays that they may be transmitted for his answer etc. Signed, Geo. Bampfeild. Endorsed, Recd. Read 15th Augt., 1717. 1 p. [C.O. 5, 1123. No. 30.]
Aug. 15.
Whitehal.
15. Council of Trade and Plantations to Mr. Secretary Addison. Refer to letter of 22nd July in reply to 12th July. Enclose copies of Lt. Governor Spotswood's letter of 30th May and accounts, and submit his proposal for the payment of the debt on the establishment out of the Quit-rent fund etc. Autograph signatures., 2 pp. Enclosed,
15. i.–iii. Copies of C.S.P. 1716–17, Nos. 590, 590 i., ii. [C.O. 5, 1342. Nos. 5, 5 i.–iii.; and (without enclosures) 5, 1364. pp. 495–497; and (rough draft) 5, 1335. pp. 203–205.]
Aug. 15.
London.
16. Christopher Stoddard to the Council of Trade and Plantations. Having been a great sufferer in 1706 as a planter in St. Christophers, petitioner obtained a grant of a former French plantation from General Douglass; General Hamilton without colour of reason ejected him and gave the same to Mr. James Milliken at Nevis, upon which Stoddard came over to London to lay his case before H.M. Petitioner had improved this plantation of 60 acres so that, whereas it was worth £3 pr. acre, now it is worth £5, which he now offers to pay, or asks to be allowed for his improvements, if sold to another etc. Signed, Christopher Stoddard. Endorsed, Read 28th Aug., 1717. 2½ pp. [C.O. 152, 12. No. 21.]
Aug. 15.
London.
17. Eliz. Buxton, Widow, to the Council of Trade and Plantations. Proposes to buy a plantation in the late French part of St. Christophers, of 150 acres for £300 sterl. Signed, Eliz. Buxton. Endorsed, Read 28th Aug., 1717. ¾ p. [C.O. 152, 12. No. 26.]
Aug. 16.
Whitehall.
18. Council of Trade and Plantations to Mr. Secretary Addison. Enclose following to be laid before H.M. Autograph signatures. 1 p. Enclosed,
18. i. Same to the King. Representation in reply to July 17th. We humbly conceive that your Majesty's most gracious orders may fitly be renewed (v. May 13, 1715) to Sr. Nicholas Laws, who is now going your Majesty's Governor of Jamaica, that £2706 6s. 3d. may be paid Lord A. Hamilton out of the first and readiest of the Revenue of that Island unappropriated, and in case the intire revenue is appropriated, that your Majesty may be pleased to give your Instructions to Sr. Nich. Lawes, that he do recommend to the Assembly at their next meeting in the most effectual manner, to make provision for so just a debt. And in regard Lord A. Hamilton and the late Council of Jamaica have been long out of their money, we have no objection why your Majesty may not order interest to be paid for it at the ordinary rate of interest in Jamaica. We humbly conceive such an allowance the more reasonable, since we find by an Act passed there the 10th of Nov. last, a greater interest was directed to be allow'd to Coll. Heywood for mony advanc'd by him on the like service. As to the arrears of salary and some other debts claim'd by the Lord A. Hamilton out of the Revenue of Jamaica, we are humbly of opinion that Sr. Nich. Lawes upon his arrival there will best judge thereof, whom your Majesty may be graciously pleas'd to direct to cause payment to be made of what shall appear to be justly due to his Lordship. Autograph signatures. 3 pp. [C.O. 137, 46. Nos. 26, 26 i.; and 138, 15. pp. 288–291.]
Aug. 17.
Hampton Court.
19. Copy of H.M. Commission to Col. Richard Phillips to be Governor of the Province of Nova Scotia or Acadia and the Town and Garrison of Annapolis Royal etc. Countersigned, J. Addison. Endorsed, Recd. 6th, Read 7th March, 1717/18. Copy. ¾ p. [C.O. 217, 2. No. 38; and 324, 33. p. 100.]
Aug. 17.
Hampton Court.
20. H.M. Commission to Col. Richard Phillips to be Governor of the town and garrison of Placentia. Countersigned, J. Addison. Endorsed as preceding. Copy. ¾ p. [C.O. 194, 6. No. 41; and 324, 33. p. 101.]
Aug. 21.
London.
21. William Fenton to the Council of Trade and Plantations. Proposal to purchase 200 acres of land in the French part of St. Christophers, where, after suffering much in defence of the same, 1706, he now cultivates a plantation, paying 1/5th of the net produce, a vast rent etc. Signed, Wm. Fenton. Endorsed, Read 28th Aug., 1717. 1½ pp. [C.O. 152, 12. No. 18.]
Aug. 22.
Whitehall.
22. Mr. Secretary Addison to the Council of Trade and Plantations. I have laid before H.M. your Lops.' letter of the 3rd of July last. H.M. is very well satisfied with the conduct of Governor Hunter, which you will please to signify in such a manner, as you shall think the most likely to silence such reports, and defeat such practices for the future, etc. Set out, N.J. Arch. 1st ser. iv. 327. Signed, J. Addison. Endorsed, Recd. 22nd, Read 30th Aug., 1717. 1 p. [C.O. 5, 971. No. 15; and 5, 995. pp. 336, 337.]
Aug. 22.
Treasury Chambers.
23. H. Kelsall to Mr. Popple. The Lords Commissioners of the Treasury refer following to the Council of Trade and Plantations for their report. Signed, H. Kelsall. Endorsed, Recd. 22nd Aug., Read 25th Sept., 1717. 1 p. Enclosed,
23. i. Draft of H.M. Grant of Land in Nova Scotia, 12 miles by 12 including Cape Dore in the Bay of Fundy, for 31 years, etc. 2¾ pp. [C.O. 217, 2. Nos. 36, 36 i.; and (without enclosure) 218, 1. pp. 333.]
Aug. 22.24. Thomas Johnson to the Council of Trade and Plantations. Having observ'd the advertizement in the Daily Courant, proposes to purchase the whole of the late French part of St. Christophers for £61,000. Signed, Tho. Johnson. Endorsed, Read 28th Aug., 1717. ¾ p. [C.O. 152, 12, No. 19.]
Aug. 22.
London.
25. John Smith to the Council of Trade and Plantations. Proposal on behalf of Henry Rawlings, now residing in St. Christophers and having no lands there, to purchase a certain plantation of 70 acres in the late French part, for £5 sterl. pr. acre. Signed, John Smith. Endorsed, Read 28th Aug., 1717. ¾ p. [C.O. 152, 12. No. 20.]
Aug. 22.
London.
26. Humphry and Robert South and Saml. and Joseph Travers, on behalf of Geo. Liddell and Robt. Clayton, to the Council of Trade and Plantations. Propose to purchase their two improved plantations in the late French part of St. Christophers for £5 pr. acre. These plantations were confirmed to them by H.M. etc. v. encl. 1. Signed, Humpry. and Robt. South, Saml. and Joseph Travers. Endorsed, Read 28th Aug., 1717. 2 pp. Enclosed,
26. i. Copy of H.M. Warrant confirming grant of two plantations to Geo. Liddell and Robt. Clayton for 2½ years etc. St. James's, 7th May, 1712. 2½ pp.
26. ii. Copy of Governor Parke's grant to above 3rd Dec., 1708, in pursuance of H.M. order 6th Dec., 1705, for 2½ years, with an equitable title to H.M. bounty for them in case the whole Island should remain to the English the next Treaty of Peace, etc. 2 pp. [C.O. 152, 12. Nos. 22, 22 i., ii.]
Aug. 22.27. John Smith, Agent for the widow of John Thornton, to the Council of Trade and Plantations. Proposal to purchase on her behalf, at £6 sterl. pr. acre, 200 acres of a plantation in the late French part of St. Christophers, temporarily confirmed by H.M. to the late John Thornton, and improved by him. Signed, John Thornton. Endorsed, Read 28th Aug., 1717. ¾ p. [C.O. 152, 12. No. 24.]
Aug. 22.28. Richard Bankes to the Council of Trade and Plantations. Proposes to purchase the whole of the late French part of St. Christophers, excepting the salt pans and poorest lands adjoining, and resell it in parcels etc. at £6 sterl. per acre, etc. upon certain conditions. Signed Richd. Bankes. Endorsed, Read 28th Aug., 1717. 4 pp. [C.O. 152, 12. No. 11.]
Aug. 22.
London.
29. Peter Cabibel of London, Merchant, to the Council of Trade and Plantations. Prays that he and his partner, Peter Soulegre, who were ruined by the war and the French invasion of St. Kitts, 1705, may be confirmed in the grants of two plantations made to them by Danl. Smith and Lt.-General Mathew, which they have improved with great cost. They offer to pay the same price as the untilled land in the French ground is sold for, etc. Signed, Peter Cabibel, Senior. Endorsed, Read 28th Aug., 1717. 2½ pp. [C.O. 152, 12. No. 15.]
Aug. 23.30. Micajah Perry, Joseph Martyn, Humphrey and Robert South and John Mills to the Council of Trade and Plantations. As agents for planters in following list, pray that they may be confirmed in the grants of plantations in the late French part of St. Christophers, made to them by several governors, and improved by them. Offer to pay £5 per acre etc. Conclude; Which method of disposing of the French part of the island to the present possessors for a reasonable value will the most effectually tend to the speedy settling, strengthening and improving the said island etc. Signed, Micajah Perry, Joseph Martyn, Humphrey and Robert South, John Mills. Endorsed, Read 28th Aug., 1717. 2 pp. Enclosed,
30. i. List of plantations of 50 to 300 acres, applied for in preceding, on behalf of Col. Michael Lambert, Col. Cha. Payne, John Willet, John Holden, Githes McArthur, John Orton, Jno. Burreau, Robt. Robertson, John Poxon, James Ward, Ralph Willet, Tim. Hare, Edwd. Parson, Jno. Seaburne. Total acreage, 2,740. 1 p. [C.O. 152, 12. Nos. 16, 16 i.]
Aug. 23.
London.
31. Lt.-Governor Daniel Smith and John Smith to the Council of Trade and Plantations. Propose to purchase, in behalf of Richard Abbot of Nevis, the house and 250 acres of land in the French part of St. Christophers granted to him by Governor Codrington for service at the taking thereof etc., for £6 sterl. per acre. Signed, Danl. Smith, John Smith. Endorsed, Read 28th Aug., 1717. 1 p. Overleaf,
31. i. Copy of Governor Codrington's grant of above for 2½ years etc. 7th April, 1704. Signed, Chr. Codrington. 1 p. [C.O. 152, 12. Nos. 29, 29 i.]
Aug. 23.
London.
32. James Butler to the Council of Trade and Plantations. Proposals for certain plantations in the late French part of St. Christophers for himself. and for Thomas Fenton and Capt. Jno. Williams of St. Christophers, at £6 per acre, and for another for James Jackson at £5 per acre. Signed, James Butler. Endorsed, Read 28th Aug., 1717. 1 p. [C.O. 152, 12. No. 14.]
Aug. 23.
London.
33. Robert Heysham to the Council of Trade and Plantations. Proposal, on behalf of the widow of Col. John Panton, for a plantation of 200 acres in the late French part of St. Christophers, improved by her, for £5 pr. acre etc. Signed, Robt. Heysham. Endorsed, Read 28th Aug., 1717. ¾ p. [C.O. 152, 12. No. 31.]
Aug. 23.
St. Christophers.
34. "Philo Patria" to the Council of Trade and Plantations. I cannot sufficiently extoll that beneficiall vote of the House of Commons for the sale of the French lands here for the most that can be got for them. For the inhabitants have been long conspiring to depreciate the real values of them, and in laying of schems to obtain grants of their possessions for almost nothing etc. These lands are much the richest of all the Leeward Islands. The inhabitants will give from £4 to £7 per acre etc. The temper of the inhabitants is such, that they will sooner give a price to a private person, than the Crown etc. Urges a speedy disposal, "for at present many givan under the Government of the present Captain Generall, who turns whom he pleases out of the plantations, reaps the crops, or grants them to favorites" etc. Signed, Philo Patria. Endorsed, Recd. Read 1st. Oct., 1717. Addressed. 2½ pp. [C.O. 152, 12. No. 42.]
Aug. 23.35. Governor, Council and Assembly of Jamaica to the King. Congratulate H.M. upon the securing your Kingdoms against the danger of invasion from the Pretenders Swedish abettor. We cannot sufficiently acknowledge your Majesties tenderness in the reliefe designed us against pirates, by your ships of warr sent for the service of this island, when your affairs at home required so great an appearance in the Sound and other Stations; and as the cause of that necessary preparation is succesfully ceased, we are the more incouraged to hope yr. Majesties protection will yet attend our trade with Great Brittain. Your Majesties early condescention in declaring your royall inclination towards our better establishment, by your gracious letter to ye late Governor, has (it's hoped) had the desired influence on ye present Legislature of your Island, neither shall we (according to the respective parts we beare in it) be wanting to your further expectation, in providing for your officers and soldiers now in this Island, and granting all necessary aids to your Revennue" etc. Signed, Peter Heywood, Pe. Beckford, Speaker, S. Page Cl. Con. 1 large p. [C.O. 137, 51. No. 71.]
Aug. 24.36. Nathaniel Carpenter, on behalf of John Hulstum of Nevis, to the Council of Trade and Plantations. Proposal to purchase one plantation in the late French part of St. Christophers for £200, and another of 150 acres for £500. Signed, Nath. Carpenter. Endorsed. Read 28th Aug., 1717. 1 p. [C.O. 152, 12. No. 27.]
Aug. 24.
Hampton Court.
37. H.M. Warrant appointing Peter Capon Commissary of the Stores of Warr etc. at Annapolis Royal. Countersigned, J. Addison. [C.O. 324, 33. pp. 96, 97.]
Aug. 25.
Hampton Court.
38. H.M. Commission to Governor Sr. Nicholas Lawes to be Captain of an Independent Company at Jamaica. Countersigned, J. Addison. [C.O. 324, 33. pp. 93, 94.]
Aug. 25.
Hampton Court.
39. H.M. Commission to Lt. Col. Martin Purcell to be Lt. Govr. of Placentia. Countersigned, J. Addison. Endorsed, Recd. 8th, Read 10th March, 1717/18. Copy. ¾ p. [C.O. 194, 6. No. 42; and 324, 33. p. 116.]
Aug. 26.
Nevis.
40. Governor Hamilton to the Council of Trade and Plantations. Begins with duplicate of July 15, continues;—Since which I came down to this Island, to witt on the 17 July last, and sent the man of warr back to Antigua, to gett into harbour, in order to lay there during the hurricaine time, there being nothing but open roads in any of the other Island's, for fear of her comming to any damage by bad weather, and I shall be obliged to stay here during that season, which wee reckon is not over till about the 20th Oct. Wee had a violent storm on the 19th instant, by which means (as I am informed) that thirteen saile of vessells were lost at the Island of St. Christophers, most of them sloop's, no great damage done here, there being no ship's in the Road, and but three sloop's, two of which put to sea, the other was cast away, with some small sugar drogers, I have not heard since from either Antigua, or Mountseratt, so can not informe your Lordship's what damage has been done there, etc. All that I could say to the poor people of Anguilla (v. 15th July) when they were with me, or all the arguments the Governour made use of, did not availe etc. (v. enclosure i.), but being headed by one Abraham Howell (formerly Governour of Anguilla) they did embarke upon severall small sloop's, and are gon without my leave, or without any Commission, to setle upon Crabb Island, a little way to windward of the Island of St. John de Porto Rico. This Howell was the chiefe man that formerly joyned in a petition about setling upon the Island of Sainta Croiss, etc. Refers to letter of 14th April, 1716. And I am afray'd the mischiefe will not stop here, for I am inform'd, that by this delusion severall of the poor inhabitants from all the other Island's, designe to remove themselves thither, which I conceive will be greatly prejudiciall to H.M. interest, and tend much to the weakening of the other H.M. chiefe Island's, who are alreddy verry thinly peopled, what with the devastation's made by the French the last warr upon the Island's of Nevis, Saint Christophers, and Mountseratt, as well as other accidents, has deminished the numbers verry much, and should there at any time be a rupture (which God forbid) between H.M., and any forraigne power, our people being so scattered up and downe in such small numbers would in my humble opinion endanger the loss of most, if not all the Island's, but all this I must refer to your Lordship's more discerning judgment, but withall hoping your Lordship's will make such a representation of this matter, and what is contained in my former letters relating hereto, that I may speedily receive H.M. order, with your Lordship's directions how to proceed. Signed, W. Hamilton. Endorsed, Recd. 18th, Read 19th Nov., 1717. Holograph. 3½ pp. Enclosed,
40. i. Lt. Governor Leonard to Governor Hamilton. Anguilla, 12th August, 1717. According to your Excellency's last, I did use all arguments to keep the people of this Island together until your Excellency had an answer from home, etc., but all would not do with sinking men, for having no orders to restrain them they laid hold of any twigg: What orders Capt. Howell brought from your Excellency I know not etc.; I sent your Excellency's instructions to me, to him; but he went away to Crabb Island and carried away 40 odd white men and between 20 and 30 negroes with him; I wish them well, but the suckess of such rash actions are always to be doubted, etc. Signed, George Leonard. Endorsed as preceding. Copy. 1 p. [C.O. 152, 12. Nos. 54, 54 i.; and (without enclosure) 153, 13. pp. 167–170.]
Aug. 28.
London.
41. Danl. Alford to the Council of Trade and Plantations. Proposes, on behalf of Matthew Mills of St. Christophers, to purchase a plantation of 150 acres at £5 sterl. pr. acre. Signed, Danl. Alford. Endorsed, Read 28th Aug., 1717. ¼ p. [C.O. 152, 12. No. 32.]
[Aug. 28.]42. Stephen Browne to the Council of Trade and Plantations. Proposal for purchasing the College and Fountain Plantation, in the Basse Terre Quarter of St. Christophers, lately belonging to Jno. Thornton decd., at £3 pr. acre. [Note. Mr. Tryon offers £6 pr. acre.] Signed, Ste. Browne. Endorsed, Read 28th Aug., 1717. 2½ pp. [C.O. 152, 12. No. 12.]
[Aug. 28.]43. Petition of Stephen Browne to the King. Prays for a grant as preceding, he being an inhabitant of St. Christophers who signaliz'd himself on all occasions during the war in defence of the Island, and was often plundered upon acct. of his vigorous resistance and valour, etc. 1½ pp. Annexed,
43. i. (a) Certificate by Dennis Reed, 14th June, 1717, in support of preceding. Signed, Dennis Reed.
43. ii. (b) Similar certificate by inhabitants of St. Christophers. St. Christophers, 22nd Nov., 1716. Signed, Jno. Lambert, Jno. Davis, Clemt. Crooke, Francis Phipps, Jno. Parsons, Peter Skarrot, Dav. Scanell, Barth. Lynch, Jno. Witherill, Patt. Blake, Sigisd. Cooper. The whole endorsed, Read 28th Aug., 1717. 1 p. [C.O. 152, 12. Nos. 13, 13 i.; and 153, 13. pp. 84–87.]
[Aug. 28.]44. Walter Darcy to the Council of Trade and Plantations. Proposal for planting 200 acres in the French Capisterre quarter of St. Kitts. Signed, Walter Darcy. Endorsed, Read 28th Aug., 1717. 1½ pp. [C.O. 152, 12. No. 17.]
[Aug. 28.]45. Lt. Governor Daniel Smith to the Council of Trade and Plantations. Proposal to purchase 200 acres in Capesterre. The full value is £6 pr. acre, but hopes for a rebate in recognition of his services, he having on the happy revolution of 1688 at the head of a company rais'd in Nevis, voluntarily expos'd his life for the reduction of St. Christophers at his own expence, and under General Codrington commanded all the forces wch. from Nevis a second time reduced it etc. Signed, Danl. Smith. Endorsed, Read 28th Aug., 1717. 1 p. [C.O. 152, 12. No. 23].
[Aug. 28.]46. Petition of John Douglas to the Council of Trade and Plantations. Her late Majesty did, under the Great Seal of the Leeward Islands, 3rd Nov., 1711, grant unto Sir John Leger Kt., James Douglas of London, Doctor of Physick, and Jno. Thornton of Nevis, a plantation in Basseterre for 3 years etc., with an equitable title to her gracious bounty for the same in case the whole Island should remain to H.M. at the Peace etc. Whereupon petitioner's trustees and agents have expended very great sums in improving and building upon the same. Prays for an absolute grant of this plantation, commonly called Pensez y bien. The grant of this plantation and another was confirmed for 2½ years by Lt. General Matthews 10th Jan., 1716. Petitioner has no other means of making further progress in his education and subsisting his parents etc. Endorsed, Read 28th Aug., 1717. 3¼ pp. [C.O. 152, 12. No. 25.]
[Aug. 28.]47. Henry Brown to the Council of Trade and Plantations. Proposal to purchase 250 acres of the late French part of St. Christophers at £4 sterl. per acre, "the rack full value thereof," etc. Endorsed, Read 28th Aug., 1717. 1¼ pp. [C.O. 152, 12. No. 28.]
[Aug. 28.]48. Peter Buor, P. de Brissac and Samuel Hill, on behalf of planters of the late French part of St. Christophers, to the Council of Trade and Plantations. Petitioners have devoted themselves and their credit to clearing and improving the plantations granted to them by the Governors. They are informed that several persons maliciously bid upon their laborious improvements and more than the land is really worth, which will cause their utter ruin etc. Propose that they be allowed to purchase their plantations out of a tax per acre. In 1716 they have been taxed by the inhabitants of the English quarter 15/- per head for each negro to pay debts contracted 10 years before their settlement, and this year £500 for a fortification called "Brimstone Hill." "We have not the privilege to elect members to sit in the Assembly wch. makes these great and oppressive taxes being tax'd by the inhabitants of the English Quarter at their pleasure which is contrary to us, our known laws and liberties of English subjects. Several of the poor inhabitants who have no grants have been obliged to leave the Island, having no lands allotted them that are fit for to plant provisions for their families on, and will speedily return if there is any small provisions made for their families at 5 or 6 acres to each family, out of which they might pay a small acknowledgment pr. annum, per acre to be employed for the fortifications." Pray for their Lordships' consideration etc. Signed, Peter Buor, P. de Brissac, Saml. Hill. 3 pp. Annexed,
48. i. Same to same. Further considerations upon the settling of the late French part of St. Christophers. Only those to be settled there who have no habitations in the English Quarter or in the Leeward Islands, and are not Jacobites, Non-jurors or Papists. They must be obliged to take the oath of allegiance etc. 3,000 of the 11,000 available acres to be given in 6 acre lots to poor inhabitants etc. 4 pp. The whole endorsed, Recd. 28th Aug. [C.O. 152, 12. Nos. 30, 30 i.]
[Aug. 28.]49. Samuel Mulford to the Council of Trade and Plantations. An account of the proceedings against him in New York. He has done no ill, but did not run in with a Jacobite party when that was to much in fashion four or five years ago, and has fared the worse for it. On Aug. 24th, 1716, the Assembly addressed H.E., praying that he might be discharged from prosecution for printing and publishing a speech formerly made by him in Assembly. H.E. replied that he could not discharge him, unless he would own it to be a false and scandalous libell. This is contrary to the Act of Assembly, 1691. Mulford was indicted in 1715, for his Speech (infra). The Grand Jury endorsed the bill Ignoramus, after which the Attorney General proceeded by way of information in the Supreme Court, and the Chief Justice at New York bound him over in £500 to attend the Court from time to time. He has attended 4 Courts, 115 miles from his habitation without any determination had therein. All these proceedings are contrary to the Act. 1st Wm. and Mary, that freedom of speech etc. in Parliament ought not to be questioned out of the House etc. Signed, Samll. Mulford. Endorsed, 28th Aug., 1717. Read 28th March, 1718. 3 pp.
49. i. Writ of attachment, issued for the arrest of Samuel Mulford for publishing his libellous and seditious Speech to the Assembly, April 2, 1714. Signed, David Jamison, Commissioner for executing the office of Attorney-General. 3¼ pp. Enclosing,
49. ii. Copy of Mr. Mulford's Speech. Printed. 7¼ pp. [C.O. 5, 1051. Nos. 59, 59 i., ii.]
[Aug. 28.]50. John Lloyd and other Merchants to the Council of Trade and Plantations. The imports of whale oil and bone from New York have greatly decreased, owing to disputes with the Governor as to a duty demanded for whales catched there. Propose that the inhabitants have free liberty to kill whales etc. Signed, John Lloyd, Charles Lodwick and 6 others. Endorsed, Recd. 28th Aug., 1717, Read 28th March, 1718. 2½ pp. [C.O. 5. 1051. No. 60.]
Aug. 28.
Whitehall.
51. Council of Trade and Plantations to Mr. Secretary Addison. It being necessary for us from time to time to have recourse to several of the Plantation Laws for our information in matters that come before us, and as most of the said laws at present are contained in great bundles of parchment, which makes it more difficult and tedious to come at what is immediately wanted we think it will be for H.M. service that we should have an order to H.M. Printer to print from time to time such of the said Laws as we shall send to him. We desire you will lay this before H.M., and to let us know his pleasure thereupon. Autograph signatures. 1 p. [C.O. 5, 4. No. 18; and 324, 10. sp. 133.]
Aug. 29.
Hampton Court.
52. Order of King in Council. Confirming Act of Barbados to dock the entail on certain plantations etc. and to enable George Nicholas etc. to mortgage or sell the same etc. (v. July 31st). Signed, Ja. Vernon. Endorsed, Recd. 5th, Read 6th Nov., 1717. 1¼ pp. [C.O. 28, 15. No. 20; and 29, 13. pp. 423, 424.]
Aug. 29.53. Persons proposed [by Sir Nicholas Lawes] for the new Council of Jamaica:—Charles Chaplin, Fran. Rose, John Blair, Tho. Bernard, James Archbould, Ez. Gomersall, Geo. Bennet, Peter Beckford, John Moore, Whitgift Aylmer, Wm. Needham, Ed. Pennent. A dormant commission for a Lt. Governor in case of death or absence, for Thomas Bernard, but the person not to be discovered till that Commission takes place. Persons recommended for the Council when vacancies happen:—John Carver, Fran. March, Saml. Moore, John Campbell, Joseph Hodges, Tho. Harrison, John Haltsted, George Mudd, James Heywood, James Rule, John Wyllys, John Lewis. Sam. Hemings, John Clarke, Richd. Bathurst, John Morant. Endorsed, Recd. (from Sr. Nicholas Lawes) 29th Aug., Read 11th Sept., 1717. ½ p. [C.O. 137, 12. No. 61.]
[Aug. 29.]54. Sir N. Lawes to the Council of Trade and Plantations. The trade of Jamaica has been in a most dangerous condition, for want of a sufficient number of ships of war, whereby many depredations have been committed by pirates of all nations who infest those seas; and are so powerfull, that the merchants ships have been, and are obliged to stay after their being loaded till one of H.M. ships of war could or can see them out of the danger of them; to the great loss of traders, owners of vessels, and H.M. Revenue. To reduce the pyrates, H.M. clemency, accompany'd with a number of proper ships of war, to cruise in those parts, is the most, if not the only effectual means etc. To curb all pyrates and check the insults of the French and Spaniards (who have never failed to insult us when they have found us disarmed and without ships of war in those seas) it is absolutely necessary even in the profoundest time of Peace and when the coast of Jamaica is not so infested with pyrates, that at least three men of war, vizt. a fourth, fifth and sixth rate, should be constantly attending the service of that country and under the immediate direction of the Governor. For some years many complaints have been made of inconveniencies to the Trade and Navigation of the Island by reason the ships of war have not been under the direction of the Govr. whereby the service of the ships has been at the choice of the Captains, who have often refused going on that, which was absolutely necessary for the security of the trade and publick good, which was not the case when the ships of war were under the immediate direction of the Govr. Prays that a Representation may be made accordingly. Endorsed, Recd. 29th Aug., Read 10th Oct., 1717. 1 p. [C.O. 137, 12. No. 76; and 138, 15. pp. 314–344.]
Aug. 29.55. Same to same. Observations upon the draught of his Instructions for the Government of Jamaica. Endorsed, Recd. 29th, Read 30th Aug., 1717. 2½ pp. [C.O. 137, 12. No. 59.]
Aug. 29.
Whitehall.
56. Council of Trade and Plantations to the King. Recommend John Colleton for the Council of Barbados in the room of Thos. Alleyne decd. (cf. July 6, 1716 and April 22, 1717). [C.O. 29, 13. pp. 387 bis.]
Aug. 29.
Hampton Court.
57. Order of King in Council. Referring following to the Council of Trade and Plantations for their report. Signed, Ja. Vernon. Endorsed, Recd., Read 5th Sept., 1717. ¾ p. Enclosed.
57. i. Petition of Samuel Barwick, of the Council of Barbados, to the King. Applies for extension of leave for one year longer (v. Sept. 12). Copy. ¾ p. [C.O. 28, 15. Nos. 12, 12 i.; and 29, 13. pp. 392, 393.]
Aug. 29.
Whitehall.
58. Mr. Popple to Mr. Shelton. Encloses the proposal of Lt. Governor Spotswood and Mr. Eden relating to the boundaries of Virginia and North Carolina. The Council of Trade and Plantations desire to know as soon as may be the sentiments of the Lords Proprietors of Carolina thereupon. [C.O. 5, 1364. p. 522.]
Aug. 29.
Virginia.
59. Lt. Governor Spotswood to the Council of Trade and Plantations. Abstract. Encloses Journals of Council with abstracts in margin as desired. Hopes that the steps he has taken to prevent frauds in the revenue arising from the sale of lands will be approved, though censured by some men there. Refers to former letters relating to the Cattawba and other Western Indians. As soon as they had made peace with S. Carolina, they came to Christanna with their hostages as promised, where he conferred with them, and observed their great desire to continue in friendship with the English. But in the night, a party of the Five Nations and Tuscaroras attacked their camp, killed five, wounded two, and carried off some prisoners. It was only with great difficulty that he convinced them that this was not due to treachery on the part of the English. They then delivered eleven of their children as hostages, whom he placed under the care of the same schoolmaster as those of the Tributary Indians at Christanna. To demonstrate the good faith of the English, he sent to New York to demand the release of the prisoners carried away by the Indians, and to propose to the Governor that, as an acknowledgment which might repair the affront to H.M. Government, the Five Nations should send Deputies to Virginia, to renew the peace made with that government in 1685. But though Brigadier Hunter very vigorously pressed them to it, they will not treat anywhere except at Albany, where they expect all H.M. Governors to attend them. After the expense the Crown has been at in presents to them, he cannot believe it is H.M. intention that they should entertain such unreasonable notions as that their alliances extend no farther than to the people of New York. With the approbation of the Council, he is about to confer at Philadelphia with the Governors of New York, Maryland and Pennsylvania, and hopes to concert with them measures to render the Indians more obsequious to the several interests of all these Provinces etc. Continues:—There are very just grounds to suspect, that some loose fellows who were carrying on a clandestine trade with the Tuscoruros, contrary to the laws of this countrey, gave intelligence to the Northern Indians of the arrival of the Cattawbas at Christanna, and of their being encamped without their arms, wch. encouraged the one to fall on the other. This occasioned the issuing one of the Proclamations herewith sent, for prohibiting that clandestine trade. This shows the necessity of continuing the Indian trade under the regulations now established by law, and how little regard those people have to the peace of this country, who would perswade yor. Lordps., by setting aside the late Act of Assembly, to leave that trade again at large, and the Indians to be influenced by the pernicious counsels of the dreggs of the people, such as used heretofore to carry on that trade, and who if they can promote their own private gain, are regardless of the lives even of their fellow traders and much less of the publick faith of Governmt. or the consequence it may have on these Plantations to engage the heathen in blood. Refers to case of Harry Beverley. v. May 1st. Continues:— Since which he is arrived here, having made his escape from La Vera Crux, where he had been seven moneths a prisoner, without any tryal, to he often petitioned for it: but they took early care to confiscate his sloop and cargo, that being what they most wanted, but upon what grounds they founded this condemnation is yet a secret to all except themselves. From the time of Mr. Beverleys arrival at La Vera Crux no subsistance was allow'd either for himself or his crew, and had it not been for the charity of the Assiento Companys Factors, they must have perished for want. I have sent to Collo. Blakiston a narrative of the whole matter drawn up by Mr. Beverley, with papers referred to etc. Since I gave yor. Lordps. an account of the manner, with which some of the Council received yr. Lordps. opinion concerning the appointmt. of Judges of the courts of Oyer and Terminer; some criminals committed after the last General Court made it necessary for me to appoint one of those Courts to be held the 2nd Tuesday of June: and because I would remove that wrong notion wch. has been carefully infused into the people here, that H.M. has not the same power of constituting Judges here, as in England, I appointed five of the Council, and four other of the principal Gentlemen of the Countrey to be the Judges of this Court; but some of the former resolving still to adhere to their first opinion, that the Council ought to be the sole Judges in all criminal cases, refused to sitt, tho the Attorney General and all the other eminent lawyers here, are clearly of opinion that there is nothing in any law of this countrey or in the Charter of King Charles the 2nd that favours their pretensions etc. I should not have troubled yor. Lordps. on this head etc. but that it is become a practice of late to hand secret Remonstrances, without my knowledge, to private Agents to be made use of, for carrying on underhand designs, and I'm apprehensive some such may be made on this occasion: And therefore I was willing to give yor. Lordps. some intimation of this dispute, that you may not be surprized into any alteration of what you have already declared to be yr. sentiments thereof, nor made to believe that while I am contending for the legal right of the Crown, I am lessening the just priviledges of the Council, for whatever specious arguments they may use, 'tis certain their pretensions are as new as frivolous, the Constitution of England, the Laws of this countrey, and the constant practice of former times are entirely agt. them, and I hope yor. Lordps. will give no countenance to anything that shal be urged in their behalf till I have an opportunity of setting forth what may be justly offerred in support of H.M. Prerogative, and of the power wch. H.M. has been pleased to grant to his Governors for nominating such Judges, which is now called in question. Signed, A. Spotswood. Endorsed, Recd. 29th Oct., Read 19th Dec., 1717. 6 pp. Set out, Va. Hist. Soc. Spotswood Papers, II. 256 ff. Enclosed,
59. i. Remarks upon the present state of the Treasury rights in Virginia, with proposals for an enquiry into that branch of the Revenue, which arises from the sale of H.M. lands, and for settling hereafter a more exact method in accounting for the same. In 1699 the Governor and Council came to the resolution of selling the King's lands at the rate of £5 sterl. per 1,000 acres. The Receiver-General was thereupon directed to accept money on that account from all persons whatsoever; and for as many crowns sterling as he should receive to issue so many rights to the person paying the same. These rights entitle any person, that produces them, to take up, upon any part of the King's land within this Government, 50 acres for each right, and pass as ready money in this Colony. These rights, (or money-bills) were never subject to any kind of audit untill this present year. These rights do not issue out of any settled Office, nor at any appointed times, nor in any ascertained quantitys, nor under the description of numbers, but wherever the Receiver General is mett with, he issues them at his pleasure and is not under any manner of controul, besides the oath wch. he is obliged to make to his general accompt of the Revenue. He usually writes a short certificate wch. entitles the purchaser to as many rights as is then paid for. Points out the dangers and inconveniences of such a system, with proposals for regularising the issue of certificates etc. Endorsed as preceding. 3 pp.
59. ii. Proclamation notifying the repeal of the Act declaring who shall not bear office etc. Williamsburgh, April 20, 1716. Signed, A. Spotswood. Copy. 1½ pp.
59. iii. Proclamation for preventing frauds in the Treasury rights (v. No. 1). All outstanding Treasury rights are withdrawn, but upon presentation thereof to the Receiver General new rights will be issued without fees etc. Williamsburgh, Jan. 23rd, 1716 (1717). Signed, A. Spotswood. Copy. 2 pp.
59. iv. (a) Proclamation prohibiting all unlawfull trading and correspondence with the Tuscoruro Indians. Clandestine traders with the Tuscoruros are suspected to have encouraged them and divers of the Senaquas to attack the Cattabaw Indians, 10th April. Only those authorised by law are to trade with the Tuscoruro Indians, under penalty of 3 months imprisonment etc. May 4th, 1717. Signed, A. Spotswood. 1½ pp.
(b) Proclamation giving further time for calling in the old Treasury rights. Williamsburgh, Aug. 13, 1717. Signed, A. Spotswood. Copy. 1½ pp. The whole endorsed as covering letter. [C.O. 5, 1318. Nos. 40, 40 i.–iv.; and (without enclosures) 5, 1365. pp. 19–29.]
Aug. 29.
Hampton Court.
60. Order of King in Council. Referring following to the Council of Trade and Plantations for their report. Signed, Ja. Vernon. Endorsed, Recd., Read 4th Sept., 1717. 1¼ pp. Enclosed,
60. i. Petition of Col. William Codrington to the King. Heir and executor of Governor Christopher Codrington, prays H.M. to grant him 763 acres of the late French part of St. Christophers, a plantation of which Governor Christopher Codrington took possession in 1691, and improved it, until Governor Parke seized it and dispossessed him of it, and after him Governour Douglas tooke possession thereof. Copy. 2 pp.
60. ii. Col. Codrington's Case relating to the above plantation. 1 p. [C.O. 152, 12. Nos. 35, 35 i.–ii.; and 153, 13. pp. 100–107.]
Aug. 29.
Hampton Court.
61. Order of King in Council. Referring following to the Council of Trade and Plantations for their report. Signed, Ja. Vernon. Endorsed, Recd. 7th Sept., Primer'd, 24th Oct., 1717. 1p. Enclosed,
00. i. Petition of Stephen Browne to the King. Prays for grant of 700 acres in St. Christophers etc. as Aug. 28. Copy. 1½ pp.
61. ii. Certificate by inhabitants of St. Christophers and Montserratt, as to Stephen Browne's loyalty, bravery and sufferings in defence of those Islands. Signed, John Lambert and 10 others. Copy. 1 p.
61. iii. Stephen Browne to the Council of Trade and Plantations. Proposal for planting 700 acres in St. Christophers as Aug. 28. Copy. 1½ pp. [C.O. 152, 12. Nos. 49, 49 i.–iii.; and (without enclosures) 153, 13. pp. 148, 149.]
Aug. 29.62. Rowland Tryon to the Council of Trade and Plantations. Proposes on behalf of the following to purchase plantations (described) in the late French part of St. Christophers, at £6 per acre, or as much more as any other person shall offer; for Josper Verchild 200 acres; for Capt. Giles McArthur 200 acres; for William McDowall 200 acres; for James Millikin 200 acres; for Daniel Burchall 200 acres; for Governor Hamilton 400 acres, and 200 acres of little value for as much as any other person will give; for John Hutchinson, 100 acres. Signed, Rowld. Tryon. Endorsed, Recd. 30th Augt., Read 4th Sept., 1717. 3½ pp. [C.O. 152, 12. No. 33.]
Aug. 30.
Whitehall.
63. Council of Trade and Plantations to Lt. Governor Spotswood. Acknowledge letters of 16th Jan., 23rd and 24th May, and 3rd and 11th July, 1716, 16th and 30th April, 30th and 31st May, 1717, and one without date (? April 5th). To your letter of 16th April, 1717, and several paragraphs in the others, we have little to say H.M. having been pleas'd to repeal the Act for the better regulating the Indian Trade as you will see by the enclos'd Order of Council, (31st July). Give Instructions as directed in that Order, and refer to other Acts repealed thereby. Continue:—You will take care that H.M. pleasure herein be publish'd. You tell us (v. April 5th) that we are again to have under our consideration the Council's pretensions to be sole Judges in the Courts of Oyer and Terminer. We have not yet had any application made to us upon that head. But as it appears to us at present you are fully empower'd by your Commission to constitute and appoint Judges; and in cases requisite Commissrs. of Oyer and Terminer which will be a good rule for you to act by till it shall appear that this authority granted to you under the Great Seal of England has been repeal'd by some equal or superior power. We have consider'd your reasons against the Councillors acting in two capacitys, vizt. as Councillors under an oath and as the upper House of the genll. Assembly without, upon which we must observe that the Council act as part of the Legislature by vertue of their being Councillors only, for which reason we cannot conceive why they make that distinction you mention. The other distinction which you say they make vizt. that they are not to give their opinion upon the legality of any Act of Government, because as they are Judges of the General Court, the same or a case of the like nature may come in judgmt. before them there, this we conceive to be a very unreasonable difficulty, because as they are of H.M. Council, they are oblig'd freely to deliver their opinions in all matters relating to his service and the support of the Government, wherefore they ought to declare upon every matter, that may arise in Council, relating to the Government what they think may or may not be lawfully done, and this has been the constant practice of such Judges in England as have had the honour to sit in H.M. Privy Council here. As to the setling the bounds of Carolina so soon as we have receiv'd the answer from the Lords Proprietors we shall lay that matter before H.M. for his directions, and let you know his pleasure thereupon. We have laid what you write, 30th April, upon the proceedings of the Government of South Carolina etc. before H.M.; and so soon as we are inform'd of H.M. pleasure therein, we shall not fail to give you notice. We have in like manner laid before H.M. by a Secretary of State, what you write, 30th May, relating to the deficiencies of the Revenue of 2s. pr. hogshead etc., and doubt not but you will have timely notice of H.M. directions thereupon. Upon this occasion, we cannot but commend your care in sending us the accts. of the two abovemention'd revenues. But as it frequently happens that H.M. wants to be inform'd of the state of the whole or some particular branches of the Revenue in the Plantations, we are not able to comply with H.M. commands therein for want of such regular accounts as governors are requir'd to transmit to us, wherefore H.M. has been pleas'd to direct us to remind all the Governors of their Instructions in that behalf, and to require them to send us constant and distinct accounts of the several branches of the Revenue in their respective Governments. To which you will likewise be pleas'd to add an establishment of the constant and regular expence for the support of the Government, distinguishing particularly what Revenues are appropriated for that purpose and from what causes it doth proceed that the same falls short of the expences, together with a separate acct. of all contingent and extraordinary charges. And it will be absolutely necessary we shou'd be constantly inform'd of the number of acres granted by H.M. to the several Planters in every distinct county of your Government together with the rent reserv'd thereupon. You will also let us know how the publick accts. are audited. Whenever the author of the anonymous letter and queries shall appear to make good the matters therein contain'd, your answer and the papers therein referr'd to, 16th Feb., will be of use. In the meantime you may assure yourself we shall not report anything upon this or any other complaint till you have fully had an opportunity to justify yourself. So we bid you heartily farewell and are your very loving friends and humble servants etc. [C.O. 5, 1364. pp. 522–528; and (rough draft) 5, 1335. pp. 207–215.]