America and West Indies
October 1717, 1-15

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Institute of Historical Research

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Cecil Headlam (editor)

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1930

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50-68

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'America and West Indies: October 1717, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 30: 1717-1718 (1930), pp. 50-68. URL: http://www.british-history.ac.uk/report.aspx?compid=74028 Date accessed: 18 April 2014. Add to my bookshelf


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October 1717, 1-15

Oct. 1.
Newcastle in St. Johns in Newfoundland.
115. Capt. Passenger to Mr. Popple. Whereas the Council of Trade and Plantations commands me to take the most effectual methods to prevent the irregularitys and abuses committed in Newfoundland, especially in preventing the New England men carrying away H.M. subjects to New England, I take this opportunity to acquaint their Lordships etc., that the last year the New England men carried away 1300 men, and a great many of them is for want of due care in the masters of fishing ships, after their voyage is made let them go where they please and not carry them home as the Act of Parliament directs, a great part of those men that are so carried are idle fellows that have spent all they get in the summer, then they ship themselves in the New England vessells, of which numbers of them come every year for that purpose, and when they come to New England they demand three pounds for their passage, and those that cannot pay that, are sold for servants which abuse makes the servants in Newfoundland so scarce that they must give 18 or £20 for the fishing season, so that if they han't an extraordinary fishing season and a great price for their fish the masters and boatkeepers lose money and break and this year in St. Johns and most places in Newfoundland the stages and boatrooms was not half imploy'd, and the most substantial fishing masters here have represented it to me that if there be not an expedient found out to intirely prevent the men being carried off by the New England men, the fishing in Newfoundland must of necessity fall in three or four years more which is the reason I give this early trouble before I can send their Lordships the whole account required etc. I have taken all the pains in my power to prevent those so much complain'd of abuses this season, and have let but only one sloop bound to New England said since I have been in this harbour and bound the master in a bond of £5 for every man he should carry out of the land. Notwithstanding he after he departed St. Johns took on board of Cape Spear six men etc. Here are 7 more New England vessels which have refused to give the same bond, upon which I would not let them sail till I depart and then take them along with me which will be in two or three dayes but beleive shall have a hard task etc. Those masters are very sawcy and insolent, and one of them told me when I told him they would ruin the fishery, he did not care if it was ruin'd etc. Proposes that the Collectors in New England should take bonds from masters not to bring any men from Newfoundland etc. Continues:—The land would be much the better if they could be entirely prohibited coming to any port in Newfoundland, for the great plenty of rumm etc. makes this place a perfect scene of drunkenness and debauchery, and all the masters of servants in this place would be very glad if rum and brandy was at 5 and 6s. the gallon but the New England men make such a glutt that the best rumm is sold for 2s. etc. to the great hinderance of fishing and distroying of discipline and more especially in the absence of H.M. ships wch. is a long recess of ten months in twelve, without any Goverment more than he that is strongest is the best man, so that dureing the little time H.M. ships are here, their Commanders time is taken entirely up with complaints committed in the winter etc., and as their Lordships have represented to me (v. 9th May) if I could find any man fitt to govern in the winter to send their Lordships his name it is my humble opinion that there is not now nor ever has been a man since the first settlement, that has resided here fitt to govern farther then it consists for their own interest, but most certain it is, were there a man of honour and integrity appointed to govern and to be on the spott, it would prevent abundance of abuses, and without that I cannot see how the good Goverment in the fishery and trade of this country can flourish, etc. Signed, W. Passenger. Endorsed, Recd. 28th Oct., Read 7th Nov., 1717. 2¾ pp. [C.O. 194, 6. No. 37; and 195, 6. pp. 364–369.]
[Oct. 1.]116. Sir N. Lawes to the Council of Trade and Plantations. Recommends for the Council of Jamaica, John Ascough, formerly a member, who now intends to return; John Gregory, and James Risby, instead of George Bennet formerly suggested. Continues:—I am of opinion if a printing press were set up in Jamaica; it would be of great use, and benefit for publick intelligence, advertisements, and many other things. But to prevent abuses, that might attend such a liberty, there should be but one, and that to be licenced by the Govr. for the time being. And I also believe a Post Office to be established in a regular manner for the security and convenience of letters, would be of great advantage to trade and make the correspondencies among the people in the Island quick, easie, and safe, but the undertaker must have some encouragement, at least the profitts for a certain term, because it will require a great expence in the beginning to put it going, but time may bring it to some advantage I hope to the publick Revenue of that Island. Requests their Lordships' approbation and instructions etc. Endorsed, Recd. 1st, Read 10th Oct., 1717. 1 p. [C.O. 137, 12. No. 75; and 138, 15. pp. 338–340.]
[Oct. 2.]117. Deposition of Leonard Barton of Port Royal, Mariner. 17th Aug., 1716. Deponent delivered a letter on board H.M.S. Diamond, but does not know Dr. Page and never discoursed him or any other person concerning the sloop, formerly called the Kingsington, taken by Capt. Fernando etc. Signed, Leonard Barton. Endorsed, Recd. Read 2nd Oct., 1717. 2 pp. [C.O. 137, 12. No. 80.]
[Oct. 2.]118. Copy of proceedings in the Court of Admiralty held at Port Royal in Jamaica, March 16—July 11th, 1716. The sloop Kensington, taken by Capt. Francis Farnando, was condemned, no person appearing to claim and defend the same, etc. Signed, John Warner, Judge of ye Admiralty. Endorsed as preceding. 3½ pp. [C.O. 137, 12. No. 81.]
[Oct. 2.]119. Copy of the Subscription made by members of the Assembly of Jamaica to be remitted into the hands of Sr. Gil. Heathcote, for the soliciting and transacting of all such matters as shall tend to the welfare of the Island, etc. Endorsed as preceding. ¾ p. [C.O. 137, 12. No. 82.]
[Oct. 2.]120. Copies of letters from Mr. Secretary Stanhope to Governor Lord A. Hamilton. 25th Feb. and 28th Nov., 1715. Endorsed as preceding. [C.O. 137, 12. Nos. 83, 84.]
[Oct. 2.]121. Governor Lord A. Hamilton to Mr. Secretary Stanhope, 10th Feb., 1716. Same endorsement. Copy. [C.O. 137, 12. No. 85.]
[Oct. 2.]122. Plea by T. Barron in support of the escheat patent to Pennant and Swymmer. (v. Oct. 16 etc.) Same endorsement. 14 pp. [C.O. 137, 12. No. 86.]
[Oct. 2.]123. Copy of H.R.H. Warrant, July 17, 1716, vacating the grant of the escheated estate of Anna Kupius to Pennant and Swymmer, and granting the same to Edward Nichols. Same endorsement. [C.O. 137, 12. No. 87.]
[Oct. 2.]124. Copy of H.M. Warrant, 30th April, 1715, granting Anna Kupius' escheated estate to Edward Nicholls. [C.O. 137, 12. No. 88.]
[Oct. 2.]125. Memorandum of preceding papers by Lord A. Hamilton. Same endorsement. Copy. 1 p. [C.O. 137, 12. No. 89.]
Oct. 4.126. Address from the General Assembly of New York to Governor Hunter. We are utterly strangers to the grievances and oppressions complained of in the Memorial sent us by your Excellency etc. There is no tax imposed on the people but by their own consent in General Assembly, which is cheerfully given by a dutifull people towards ye support of his most Sacred Majesties Government over us, and which hath been duly and faithfully apply'd to ye uses intended, and accounted for to ye satisfaction of the General Assembly during the time of your Excellency's administration etc. The prosecution of Capt. Mulford was for writing, printing and publishing a scandalous libell against the Government, to prevent the raising any support for it, he had first attempted it by way of speech in the General Assembly and was heard with impunity, but when he ventured to print what he had said, he was expell'd etc. Tho' one of the Assembly of this Colony, he is very much a stranger to the affairs and interest of it, and to promote his beloved Connecticut an enemy to it, the being tributaries to barbarous heathens, was a cant very frequent with him while in the house, and used by him to hinder the raising those necessary supplys the Government wanted to use in the Indian affairs, but wee thank God without any other effect than affording the house now and then some diversion. 'Tis a little odd in a Memorialist who talks so warmly for liberty and property and represents the province to be miserably distress'd, if not vassal'd, by the raising of £30,000 for a Canada Expedition, £27,000 for the paying of their debts and about £4000 a year to support the Government, to propose an Expedition against the Indians at ye expence of half our personal estates at once for the pious purpose of cutting their throats and possessing their lands etc. Wicked and rediculous as this Memorial is, it may be attended with effects worthy the care of a British Ministry to prevent, and had it been given some years since when the French were our enemies in the manner it now was, to the members of ye house of Commons, it would hardly a failed of bringing an Indian war upon all ye Colonies of English on the Continent. Your Excellency is not ignorant that by vilanous arts the Indians are made to believe that the English on ye Continent have agreed to cut them off and that you are the only Governour that have refused to joyn in that execrable project, that it was with difficulty they were perswaded to disbelieve it (if yet they do so) and if this silly memorial should fall into ye hands of the enemies of the Government, either forreigners or English, what mischievious use might not be made of it, the Indians will be told such a proposal has been made, and to the members of a British Parliament and that 'tis under their consideration. Your Excellency but too well knows the ill impressions the Indians have received and the position they are in to believe such a tale etc. We think ourselves bound to declare our abhorrence and detestation of reducing the Indians by force and possessing their lands except they first made war upon us, for to the steadyness of these Indians to the intrest of Great Britain, it is that we owe in a great measure our present security from ye irruptions of the more barbarous, whilst the war with France continued, this Colony was not only covered and defended by these Indians, but when expeditions were undertaken against the french on this side, wee ever found them most ready to assist in them wth. all their force, so that besides the injustice of such a vile attempt as surmis'd in that paper, if it were practicable, such an action must bear the brand of the blackest perfidie and ingratitude, and we hope your Excellency and Council will joyn wth. us in directions and Instructions to the Agent to find out this offender and make application to his Maties. Ministers in order to his being brought to justice. Signed, By Order of ye General Assembly, Wm. Nicoll, Speaker. Endorsed, Recd. (from Mr. Philips), Read 12th Feb., 1717/18. 1 large p. [C.O. 5, 1051. No. 52.]
Oct. 4.
Whitehall.
127. Council of Trade and Plantations to Mr. Secretary Addison. Transmit new seals for the Plantations and draughts of warrants for using same. Autograph signatures. 1 p. [C.O. 5, 4. No. 19; and 324, 10. p. 138.]
Oct. 4.
Whitehall.
128. Circular letter from the Council of Trade and Plantations to the Governors of Plantations. As it frequently happens that H.M. wants to be informed 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 required to transmit unto us. Wherefore H.M. has been pleased 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 pleased 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 should be constantly informed of the number of acres granted by H.M. to the several Planters in every distinct county of your Government with the rent reserved thereupon. You will also let us know how the publick accounts are audited. [C.O. 324, 10. pp. 139, 140.]
Oct. 4.
London.
129. Captain Prissick to [Mr. Popple]. Desires to be heard in support of Col. Codrington's claim (v. 29th Aug). Signed, Christo. Prissick. Endorsed, Recd. 4th, Read 10th Oct., 1717. 1 p. [C.O. 152, 12. No. 43; and 153, 13. p. 111.]
Oct. 5.
Ashley.
130. William Congreve to the Council of Trade and Plantations. After a fitt of illness for two month's continuaince, I am but just gott into ye country, etc., and am altogether unable to waite upon the Lords Comrs. as they desire, etc. You may intimate their Lps. that I have already given satisfaction to both the Principal Secretarys of State in what relates to me concerning Mr. Page. Signed, Wm. Congreve. Endorsed, Recd. 9th, Read 10th Oct., 1717. 1 p. [C.O. 137, 12. No. 72.]
Oct. 5.
Suffolk Street.
131. William Cockburn to Mr. Popple. Encloses following, at the desire of Lord A. Hamilton. Concludes:—The list of vessells delivered by Dr. Page (No. iv.) being not genuine, the remarks upon it inclosed may be of use etc. Signed, Will. Cockburn. Endorsed, Recd. 7th, Read 12th Oct., 1717. 1 p. Enclosed,
131. i. Copy of Commission granted by Governor Lord A. Hamilton to Jonathan Barnet, Commander of the snow Tyger to seize pyratical vessels. St. Jago de la Vega. Nov. 24, 1715. Signed, A. Hamilton. Endorsed as preceding. 1½ pp.
131. ii. Copy of Governor Lord A. Hamilton's Instructions to Capt. Barnet. You are not on any pretence to committ any acts of hostility, on any of H.M. allies, neuters, friends or subjects etc. You are to bring into your commission port all such pyrates as you shall take there to be proceeded against according to law, etc. Signed, dated and endorsed as preceding. 1¾ pp.
131. iii. Copy of bond in £1500 given by owners of the Tyger commissioned against pirates as above, to observe above Instructions etc. Nov. 24, 1715. Signed, Jonathan Barnet, Lewis Galdy, Daniel Axtell. Same endorsement. 1¼ pp.
131. iv. List of (10) vessels commissioned by Governor Lord A. Hamilton, delivered by Mr. Page, Deputy Secretary of Jamaica, to the Secretary of State. Note. The above vessels carried more than 800 men, fitted out in warlike manner, doubly provided with granadoes, bombs etc. The Tyger and Mary sloop "returned innoxious." The Eagle and Barsheba were the vessels complained of by Capt. Don Juan del Valle for robbing the Spaniards on the Florida shore, of above 120,000 pieces of eight, besides plundering and stripping them, took their arms and powder from them, and gave them to the wild Indians and returned with their booty to Jamaica, and there divided the same. The Eagle is sailed out again under the same commission with about 100 men, as is the Barsheba, in company with 5 other sloops for the wrecks, well fitted with warlike stores. The Bennet sloop Francis Fernando, Commander, brought into Carlisle Bay a sloop he had taken from the Spaniards out of which he took 75,000 pieces of eight, and merchandize, as the master of the Spanish sloop affirmed, to the value with the money to 140,000 pieces of eight belonging to the French late Assientist; the sloope was soon after sent up to Port Royal with a letter from Fernando to the Govr., importing that the sloop sent in, was formerly the Kingston commanded by Henry Thornton, and taken by the Spaniards off Cartagena, wch. he desired might be condemned, for untill then he and his company would keep out at the sea with the booty they had taken out of the said sloop, accordingly (as I have been informed) the sloop with her cargo was condemned 7th March, 1715. Endorsed as preceding. 1p.
131. v. Remarks on preceding. (1) The vessels would have been of no use for suppressing pirates if not fitted out for that service. (2) The Eagle and Barsheba were not the vessells first complain'd of by Don Juan Delvallée; it was the Tyger snow, whose owners being Mr. Page's particular friends, he putts down "return'd innoxious," tho' that vessell was the first that committed hostilities and which occasion'd the journey of Don Juan to Jamaica, the securities and owners of the said vessell as well as of the Mary sloop were Lewis Galdy and Daniel Axtell, two Assembly men. It is not deny'd that the Eagle and Barsheba committed hostilities on the Spaniards at the wrecks but not to the fourth part of the value, nor in the manner describ'd by Doctor Page, of which Don Juan had the first notice after he had been some time in Jamaica which occasion'd his second Memoriall that his Lordship laid before the Councill and they came to resolutions on it (Minutes of Council, 9th Feb. 1715/16) and on 26th Aprill following two Proclamations issued, one for recalling the commission'd vessells, the other prohibiting fishing on the wrecks. (iii) The occasion of the Eagle's going out a second time was at the request of severall merchants particularly Henry Sharpe who had but a few days before the Eagle went out been taken with a considerable cargoe by a pirate, in sight of Jamaica. The Eagle was ordered in pursuit of the pyrate and she retook Mr. Sharpe's vessell and run the pyrate ashoar on the south side of Cuba, return'd to Jamaica in 14 days, and never went out afterwards with the said Commission, so that it is humbly conceived this was a peice of service done to the Island. (iv) The Barsheba got privately away from the Island contrary to the express commands of Lord A. Hamilton. (Minutes of Council, 16th Aug., 1716.) (v) The sloop which Dr. Page mentions to have been taken and sent into Port Royall Harbour by Capt. Farnando was actually a vessell which belong'd to Mr. Knight a merchant at Kingston, and had been taken some time before with a cargo, value £12,000 by a Spaniard and carry'd unto Porto Bell, where she had never been condemn'd, so that Farnando meeting her at sea without a register sent her to Jamaica, and perhaps had been in the right had he not first taken out all the money and the most valuable goods into his own vessel, which however did not amount to one half of the same Dr. Page mentions. Mr Bendish one of the owners of Fernando and who was the active man in solliciting the condemnation together with the captors obtain'd in the Court of Admiralty of Jamaica, a sentence against the vessel and her cargo which Dr. Page swears in his affidavit Leonard Barton told him was given on 7th March, 1715/16, whereas Barton swears he never spoke to Dr. Page about it, nor indeed is it probable, for the vessel was not condemn'd till the 16th of March, and then Dr Page had been 9 days at sea etc. His Lordship in publick Council declared his disapprobation of the said condemnation and appointed a Court of Delicates to have reversed it in order to do justice to the Spaniards, but the day before the said Court was to have mett, his Lordship was superceded by Mr. Haywood, who has done nothing in that affair since. N.B. The Diligence galley one of those commission'd by his Lordship had a patent from the King to fish upon wrecks, etc. Same endorsement. 2 pp. [C.O. 137, 12. Nos. 78, 78 i.–v.; and (without enclosures) 138, 15. pp. 465–467.]
Oct. 5.
Whitehall.
132. Mr. Secretary Addison to the Council of Trade and Plantations. H.M. having been pleased to sign the Additional Instructions to the Governors of the several Plantations in America, relating to their passing Acts which may any ways affect the Trade or Shipping of this Kingdom; I herewith transmit the same to your Lops. that they may be forwarded to the said respective Governors by the first convenient opportunity. Signed, J. Addison. Endorsed, Recd. 7th, Read 10th Oct., 1717. ¾ p. [C.O. 323, 7. No. 108; and 324, 10. pp. 140, 141.]
Oct. [? by error for Nov.] 6.
Whitehall.
133. Mr. Popple to Horatio Walpole. The Council of Trade and Plantations having seen a copy of your Patent for the office of Surveyor and Auditor General of H.M. Revenue in America, desire you will let them have as soon as conveniently may be an acct. of the revenues in each Govt. for 3 years last past, and that the annual accts. of the said revenues may be regularly transmitted for the future. [C.O. 324, 10. p. 145.]
Oct. 7.
Nevis.
134. Governor Hamilton to the Council of Trade and Plantations. Begins with duplicate of 26th Aug. Continues:—I am honoured with your Lordships two letters of the 16th May last, and observe the contents. I should have visited the Virgine Island's long since, as I advised your Lordship's, but have all along been prevented by the frequent reports of the pirates resorting there, and the smallness of the man of warr that attends this station, but am now assured that they are all gon to north america, or to some other parts, so that as soone as the man-of-warr is carreened, which the Capt. was to begin as soone as he might with safety in relation of the bad weather, I shall go downe, and hope then to be able to give your Lordships full satisfaction in relation to those Island's. I observe about the complaints made to H.M., of an illegall trade being carryed on between H.M. Plantation's, and the French settlements. I shall to the utmost of my power, take care that the same be suppres'd, and shall give directions throughout all the Island's, that particularly the 5 and 6 articles of the Treaty of peace and nutrality in America etc. 1686 be strictly observed, but it is almost inpossible for the officers to prevent them from carrying on in some measure an underhand trade, for the many bay's we have about the Island's, except wee had (as the French have) some small sloopes that might go constantly manned for that purpose, and be Guarde de Coaste, the Collector of St. Christophers lately made a seizure of a small French ship for having traded on that coast, which was condemned in a Court of Admiralty, but was afterwards lost, and stoave all to pieces in the great storme, and litle or nothing saved as he informes me, etc. Some time since (upon severall complaints being made to me) I was obliged to dismiss one Mr. Clement Crooke from being Chiefe Justice of St. Christophers, for having been guilty of severall ill practices and corruptions, as your Lordships will perceive by the severall affidavids herewith sent, besides that the saied Crooke is a verry profligate, and a man of no learning, besides one that is verry much in debt. I have in his stead appoynted one Mr. Mathew Mill's, a person thorroughly well affected to his present Majesty, and the Protestant Succession in his illustrious House, a man of clear estate, a universall good character, and well qualified for the post, whom I hope your Lordship's will aprove of, for I assure your Lordships, I have no other aime than H.M. interest, and the good of the Island's his Majesty has intrusted me with, etc. Signed, W. Hamilton. Endorsed, Recd. 14th Jan., Read 7th Feb., 1717/18. 3 pp. Enclosed,
134. i. Deposition of Martin Nicholls, St. Christophers, 25th Sept. 1717. Col. Clement Crooke as Treasurer refused to pay £90 due to deponent as gunner to Charles Fort about 5 years ago, unless he would take about the third part and give the Treasurer a rect. on the back of his acct. pass'd by the Committee, wch. deponent was oblidg'd to accept off. Deponent then took up some refug'd negroes from Mr. Ottley upon the sd. Treasurer's promise to pay for them, wch. as yet is not effected etc. Signed, Martin Nicholls. 1 p.
134. ii. Duplicate of No. 40 i.
134. iii. Deposition of Thomas Butler, St. Christophers, 24th Sept., 1717. In 1712 Clement Crooke one of the Justices Assistant in the Court of Queen's Bench, retained deponent to be of council with James Williams against Ann Sanders alias England, and directed him to bring an action in the said Court in the name of said Williams v. said Sanders for the recovery of severall negro slaves. He gave deponent three pistoles as a fee, and deponent afterwards heard that Judge Crooke bore all the charges of the action etc. Signed, Thomas Butler. 1 p.
134. iv. Deposition of James Gordon, St. Christophers, 26th Sept., 1717. Deponent last Feb. bought for the use of Joseph Crisp 5000 staves for sugar cask, and lodged them in a storehouse in Basseterre belonging to Crisp. Clement Crooke, Chief Justice, threw away these and other goods there stored, and beat Crisp's negro. Crooke said he had a grant for the storehouse from Lt. General Matthew and threatened to throw all Crisp's goods, his attorney Matthew Mills and deponent into the sea. He said that he would value no order from the General for Crisp to keep quiet possession till ejected by law, and that the General had sent such an order for John Considem to keep possesion of his house and land to the Court of King's Bench (for which Crooke said he had also a grant) of which the Court took no notice, etc. Signed, James Gordon. 2 pp.
134. v. Deposition of James Williams, Basseterre, St. Christophers, 19th Sept., 1717. Corroborates No. iii. Deponent accepted Judge Crooke's offer to be at the charge of sueing for the negroes, upon deponent's giving him a bond to pay Crooke £50 if he should recover them. Crooke sat upon the Bench at the tryal, but a verdict was found agt. him, etc. Signed, James Williams, his mark. 1 p.
134. vi. Deposition of Orlando Billingsley, Nevis, 28th Aug., 1717. On 22nd Aug. Clement Crooke delivered to Governor Hamilton the answers of several persons to certain interrogatories relating to the said Captain General and Martha Assaillié; the General upon reading the answer of Crooke asked him several questions relating to the particular paragraphs. Crooke having suggested in his answer that he having delivered a certain order, H.E. told him he had not then time to read it, the General asked what reasons he assigned; Crooke answered that H.E. was just then taking horse. It being incerted in said answer that H.E. had told Crooke he was informed said Assaillié was a Roman Catholick and an inhabitant of Guardaloupe, and that H.E. said he knew she was bred a Protestant, H.E. said he never did say anything like her being bred a Protestant but said that her being suspected to be a Papist and her being then among the French at Guardaloupe were the reasons why H.E. would not pass her a patent for her late father's plantation etc. Crooke owned that those were H.E.'s reasons; that Assaillié was then among the French at Guardaloupe; that he told H.E. he had bought Mrs. Assaillié's right to the plantation etc.; and that H.E. said H.M. Ministers (not His Majesty) had been imposed upon etc. H.E. told Mr. Crooke his answer was made up of most scandalous and notorious falsities and that the most material things were left out, the more to aggravate and increase the matter, and that Crooke was guilty of very great and malicious perjuries, upon which Crooke said that when H.E. should come to St. Christophers he would alter any such part thereof or immediately interline any such other things as H.E. would please to direct. Signed, O. Billingsley. 2 pp.
134. vii. Deposition of Thomas McGill, Nevis, 28th Aug., 1717. Corroborates preceding. Signed, Tho. Makgill. 1 p.
134. viii. Deposition of John Pinney, Nevis, 19th Sept., 1717. On 22nd Aug. Clement Crooke, Agent for Mrs. Martha Assailie, refused to pay the fee for the affixing of the Seal to duplicates of depositions taken in St. Christophers in her cause, according to H.M. order in Council. Deponent thereupon left them with the Governor and informed Crooke they were ready for him whenever he pleased to goe for them, but that the General would hardly part with them without his fee for the Seal. Crooke replied God damn me I'le trouble myself no farther about them, and went to St. Christophers etc. Signed, John Pinney. 1 p.
134. ix. Deposition of Timothy Tyrrill, Nevis, 28th Aug., 1717. Corroborates No. vi. The whole endorsed, Recd. 14th Jan., Read 7th Feb., 1717/18. 1 p. [C.O. 152, 12. Nos. 62, 62 i.–ix.: and (without enclosures) 153, 13. pp. 214–216; and (covering letter only) 152, 12. No. 67.]
Oct. 8.
Hampton Court.
135. H.M. Warrants to Governors of Plantations (Leeward Islands, Barbados, Jamaica, New Hampshire, the Massachusets Bay, New Jersey, Virginia, Bermuda and New York) for using the new Seal. Countersigned, J. Addison. That for New Jersey is printed, N. J. Archives, 1st Ser. iv. 332. [C.O. 324, 33. pp. 104–107; and (draught) 153, 13. pp. 109, 110; and 29, 13. pp. 403–405; and 138, 15. pp. 330–332; and 5, 915. pp. 49–52; and 5, 995. pp. 338, 339; and 5, 1365. pp. 1, 2; and 38, 7. pp. 333, 334; and 5, 1123. pp. 453, 454.]
Oct. 8.
Hampton Court.
136. H.M. Warrant granting Lt. Governor Thomas Tolmach leave of absence for a year for the recovery of his health. Countersigned, J. Addison. [C.O. 324, 33. p. 103.]
Oct. 8.
Hampton Court.
137. Order of King in Council. Approving Representations of 11th and 14th Oct., 1717, restoring Samuel Barwick to the Council of Barbados, and granting him one year's further leave of absence, etc. Signed, Edward Southwell. Endorsed, Recd. 30th, Read 31st Jan., 1717/18. 1¾ pp. [C.O. 28, 15. No. 30; and 29, 13. pp. 450–452.]
Oct. 8.
Hampton Court.
138. H.M. Warrants for above. Countersigned, J. Addison. [C.O. 324, 33. pp. 112–114.]
[Oct. 10.]139. Reasons for removing Samual Page, Deputy Secretary of Jamaica. v. following. Anonymous. Endorsed, Recd. 10th, Read 11th Oct., 1717. 1½ pp. [C.O. 137, 12. No. 77.]
[Oct. 10.]140. Anonymous Memorial, giving reasons for restoring to the Council of Jamaica those who were put out upon the removal of Lord Archibald Hamilton. They have always endeavoured to support H.M. Government, follow H.M. Instructions and promote the welfare of the Island; those who displaced them have always opposed H.M. Government, and have given up the Council's right to amend money bills. Their enquiry into the charges against Lord A. Hamilton was partial, and sent him home without any proof or witness, etc. Endorsed, Recd. Read 10th Oct., 1717. 2½ pp. [C.O. 137, 12. No. 74; and 138, 15. pp. 333–338.]
Oct. 11.
Jamaica.
141. Peter Heywood, C. in C. of Jamaica, to the Council of Trade and Plantations. Refers to letter of 13th Aug. Capt. Reynolds took under his convoy thro' the Windward passage such mercht. ships as were ready etc. He now lyes ready with another fleet and advises he will be gone the 15th instant. Since wch. (Aug. 13th) I have not had any account of the pyrates, no vessells coming to this Island having met with them. I send herewith the Acts passed this Session with the Journals of the Councill and Assembly wch. I prorogu'd to the 6th Nov. next. I thank God I can write your Ldships. that H.M. Island was never in greater peace and tranquillity then at this time, etc. Signed, Peter Heywood. Endorsed, Recd. 23rd Dec., 1717, Read 2nd Jan., 1717/18. 1 p. [C.O. 137, 12. No. 106; and 138, 16. pp. 46, 47.]
Oct. 11.
Whitehall.
142. Circular letter from the Council of Trade and Plantations to the Governors of Plantations. H.M. having signed an additional Instruction to you relating to the not passing Acts which may affect the Trade and Shipping of this Kingdom, as also a warrant for your using a new seal etc., we herewith transmit them etc. The letter to Governor Hunter is printed, Journal of Legislative Council of New York. I. 428. [C.O. 324, 10. p. 141; and 138, 15. p. 464.]
Oct. 11.
Whitehall.
143. Council of Trade and Plantations to the King. Recommend for H.M. confirmation Act of Barbados to dock the intail of certain lands etc. (v. Sept. 4). [C.O. 29, 13. pp. 405, 406.]
Oct. 11.
Whitehall.
144. Council of Trade and Plantations to Mr. Secretary Addison. We enclose the draught of Instructions for Sr. Nich. Lawes in the usual form, except some few alterations, as follows:—(i.) Whereas by the 10th Instruction, the Governor is restrain'd from suspending any of the Council, without the consent of the majority, wch. in some cases may prove of ill consequence, we have added at the end of that Article the words beginning, Nevertheless if it shou'd happen that you shou'd have reasons for suspending of any Counsellor. not fit to be communicated to the Council, you may in that case suspend such persons without their consent; But you are thereupon immediately to send to us by one of Our Principal Secretaries of State and to Our Commissioners for Trade and Plantations an account thereof, with your reasons for such suspension, as also for not communicating the same to the Council, and duplicates thereof by the next conveyance. (ii.) In the 16th Article forbidding the Governor to pass bills of an extraordinary and unusual nature etc. we have added the words. Or that may anyways affect the trade or shipping of this Kingdom, pursuant to H.M. directions on that behalf. We have also added, that he do not pass any Bill, that shall repeal an Act or Acts that have had the Royal Assent without first having had leave from H.M.. unless there be a clause in the sd. Bill, suspending the execution thereof, till H.M. pleasure be known. (iii.) We have made some small alterations in the 29th and 30th Articles, only to inforce them, and to prevent their being liable to be in any manner misunderstood. (iv.) As it has been a great prejudice to the settling of the Plantations, that large tracts of land have been granted to particular persons, who are not able to cultivate and improve the same; and we observing, that the 35th Article wch. was in former Instructions on that subject did not fully answer the end it was design'd for; we have substituted another Article in its place, which we hope, if duly observ'd, will be more effectual, (v.) The Governor having objected to the 41st Art.; wch. was in former Instructions and requir'd him to send over a map with the exact description of the whole Island, that he cannot comply with this direction, unless he has a power to appoint a Surveyor General with suitable encouragement, we humbly offer to H.M. consideration, as what might be of great benefit to H.M. service, that proper persons may be appointed to take surveys and make exact maps, not only of Jamaica, but of the other Islds. and Plantations in America. (vi.) By the 44th Article, the Govr. is requir'd upon the suspension of any Patent Officer or his Deputy, to take care, that the person appointed to execute the place, during such suspension, do give sufficient security to the person suspended to be answerable to him for the profits accruing during his suspension, in case he be restor'd, but as this might in some cases prove a very great hardship to the person appointed to officiate, during the suspension, we have added the following words. It is nevertheless Our pleasure that the person executing the place, during such suspension shall for his encouragemt. receive the same profits as the person suspended, if a Deputy, did, or a moiety of the profits in case of the suspension of the patentee. (vii.) We have omitted the 49th Article relating to a Court of Exchequer, the 53rd relating to a Court for determining small causes, the 75th relating to the Ministers being of their respective Vestrys, the 95th relating to inhumanity to servants, Indians or slaves, and the 96th Article abt. Work Houses, (wch. articles used to be in former Instructions) because the several matters recommended by them are now provided for by the Laws of the Island. (viii.) Whereas in the 61st Article of former Instructions, it used to be said, that with other powers of Vice-Admiralty, the Govr. was to receive from the Commissioners for executing the Office of High Admirall of Great Britain, authority to suspend any Captain or Commander of any ship of war for refusing or neglecting to obey such written orders as shou'd be given him by the said Governor for H.M. service etc. But the Lords of the Admiralty having not thought fit to add to the Commission of Vice-Admiral, wch. they have given Sr. Nicholas Lawes, any such power, we have alter'd the clause in the manner you will observe by the 59th Article of the present Instructions; However as it may be of great consequence to the service of the Plantations, that such ships of war as shall be sent to protect the said Plantations and the Trade thereof respectively shou'd be during their stay there, under the directions of the Governor, more particularly, with relation to convoys and sailing orders, we are humbly of opinion that it will be for the publick service, that all the Governors in the Plantations shou'd be impower'd and authoriz'd accordingly. (ix.) In the 73rd Article, after these words, You are not to prefer any Minister to any Ecclesiastical Benefice in that Island without a certificate from the Rt. Rev. Father in God, the Lord Bishop of London, we have added, or some other Bishop, as believing the certificates of one Bishop in such a case, relative only to the life and conversation of the person, equal to that of any other Prelate, because it has been represented to us, that it woud be expensive and inconvenient to clergymen to be oblig'd to travell to London, purely to obtain a certificate, when a more convenient place of embarkation might offer for them at some other part. (x.) After the words said Lord Bishop of London in the 76th Article, we thought it necessary to add the following words, but when such persons so qualify'd as above shall be wanting for the promotion of learning and good education, you may yourself license such other persons as you shall think qualify'd for such imployment. (xi.) At the end of the 90th Article, wch. seems calculated to discourage vexatious appeals to your Majesty's Council in England, we have added the following words. In any case where a judgement first given by an Inferiour Court in that our Island shall have been confirm'd by the Governor and Council there, as being desirous to follow the original design of the Instruction, so far forth as the same may be agreable to the practice in the Courts of Judicature in England, where every appeal to a Superior Court stops the execution from the Inferior, reserving out of that general rule such cases only as carry in the very face of them an appearance of being vexatious. (xii.) We have omitted the 100th Article wch. was You are to acquaint our Council and Assembly that we think fit when any complaint shall be intended against you, notice shall be immediately given you thereof by the complainants with the charge against you in writing to the end you may make preparation for your defence, Because we find that one of the Articles of Impeachment against the Ld. Strafford in the reign of King Charles the 1st, was for his having obtain'd an order to this effect; and because we take it for granted that whenever any complaint is offer'd here against a Governor, nothing will be determin'd about it, nor any impression be taken to his prejudice, before he has had a copy of that complaint and sufficient time and opportunity to make his justification. (xii.) We have added the Articles 95–101, pursuant to H.M. Commands April 12th. In relation to the Council, we take leave to observe, that having had before us several lists of persons recommended to us to be Councillors by the former and present Governors, as well as by several other persons of consideration, we have inserted the names of Fran. Rose, Tho. Bernard, James Archbould, John Ayscough, John Sadler and Ezekiel Gomersal, some of them being of the present and others having been of the former Council and have always behav'd themselves with zeal for the service of the Crown and the publick. We have omitted of Cha. Chaplin, Jno. Blair, Jas. Risby, Tho. Beckford, and George Bennet, the two first having been formerly remov'd by a Representation of this Board at the King's happy accession to the Crown, and having jointly with others since they were restor'd, given their assent to sevl. bills, in wch. we conceive they have not had a due regard, either to the King's Instructions or the support of H.M. just Prerogative. And we have added the names of John Moore, Edward Pennant, Tho. Harrison, Saml. Moore, John Gregory and Jno. Morant who have been represented to us as Gentm. of good estates, well affected to H.M. Government and every way qualify'd to serve H.M. in that station. And having communicated these names to Sr. Nich. Lawes, he has given us the same characters of them. As for Peter Heywood Esq. the present Commander in Chief, we think him lyable to the same objections as the other Gentm. whose name we have omitted, besides, we have been inform'd that he wou'd not care to act as Councillor after he has had the chief command there. We further send you the draught of Instructions relating to the Acts of Trade and Navigation wch. are in the usual form. Annexed,
144. i. H.M. Instructions for Sir N. Lawes, Governor of Jamaica. St. James's. Jan. 1st, 1717/18. In the usual form, except that Articles 49, 53, 75, 95, 96, and 100 of former Instructions are omitted (v. supra), and alterations are made, as indicated in covering letter, in Articles 10, 16, 29, 30, 35, 44, 59, 73, 90, 95–101.
Articles 29, 30, 35, 59, 95–101 now run:—(29) It is Our express will and pleasure that no Law for raising any imposition on wines or other strong liquors be made to continue for less than one whole year, and that all other laws made for the supply and support of the Government shall be indefinite, and without limitation, except the same be for a temporary service, and wch. shall expire and have their full effect within the time therein prefix'd. (30) And whereas several other laws have formerly been enacted for so short a time that our assent or refusal thereof cou'd not be had thereupon, before the time for wch. such Laws were enacted, did expire, You shall not for the future give your assent to any law that shall be enacted for a less time than two years; and you shall not re-enact any law, to which our assent has once been refus'd, without express leave for that purpose first obtain'd from us, upon a full representation by you to be made of the reason, and necessity for passing such law. (35) And whereas it hath been in all times a very great hindrance to the peopling and settling of our said Island, that large tracts of land have been engross'd by particular persons, a great part whereof still remain uncultivated, whereby the Island is depriv'd of many inhabitants, that wou'd other ways have settled there, and have greatly contributed to the security, wealth and defence thereof. Now having taken the said inconvenience into our Princely consideration, and being especially minded to provide against so great an evil for the future, We do hereby in a very particular manner recommend to you to use your best endeavours to get a law pass'd in the most effectual terms for obliging all persons already possess'd of any lands in our said Island to plant and cultivate the same within the space of three years or to dispose of the same to such persons as will undertake to do it, and in default thereof, that such lands may revert to us to be regranted as We shall see cause; and it is Our express will and pleasure, that no grant of lands shall be made by you on our behalf to any person whatever already possess'd of 1000 acres or more, within our said Island, and that no person whatever shall for the future be capable of holding by any grants hereafter to be made on our behalf more than 1000 acres as aforsd. And that all future grants shall be expressly upon condition, that the land granted shall be cultivated within three years or else revert to us, Our Heirs and Successors. (59) And whereas you will receive from Our Commissioners for executing the Office of High Admiral etc. a Commission of Vice-Admiral of our said Island of Jamaica, you are hereby requir'd and directed carefully to put in execution the sevl. powers thereby granted you. (95) Whereas We have been inform'd that some Assemblys have of late assum'd to themselves the power of adjourning at pleasure without leave from Our Governors first obtain'd as usual by request, wch. is highly detrimental to Our Royal Prerogative and may prove of prejudice to the publick service, It is our will and pleasure, that you signify to the General Assembly of Jamaica; and that you accordingly insist upon it, that they have no right to adjourn themselves otherways than de die in diem, excepting Sundays and holidays, without leave from you Our Governor or from Our Governor or Commander in Chief of the said Island for the time being first ask'd and obtain'd. (96) Whereas by these Our Instructions to you for the better Govt. of the said Island, you are required to take care, that in all Acts or Orders to be pass'd within that Our Island in any case for levying money or imposing fines and penaltys, express mention be made, that the same is granted or reserv'd to Us, Our Heirs and Successors for the publick uses of that our Island, and the support of the Government thereof, as by the said Act or Order shall be directed. And whereas the General Assemblys of Our Island of Jamaica have of late assum'd to themselves the sole right of framing money bills, refusing to let the Council alter or amend the same; You are to take notice that Our Council as such are a more ancient part of, and have still at least an equal share in the Legislature with the Assembly, who have no right to meet or debate upon any matters whatsoever, but by virtue of a clause in Our Commission under the Great Seal of this Kingdom, without which they cou'd not be elected nor sit as an Assembly, That Our said Council have frequently alter'd money bills in former times without opposition from the Assembly; And We are so far from looking upon this pretended right to be inherent in the said Assembly, that we esteem the same to be a violation of the accustom'd usage and constitution of Jamaica; Wherefore you are hereby requir'd to support Our Council in their just right in this particular. (97) And whereas the General Assemblys have within these few years taken upon them to nominate Commissioners for the receipt of the publick monys, wch. may be attended with many other inconveniencys and dangerous consequences, besides the prejudice done to the person, whom We have appointed or shall hereafter appoint to be Our Receiver General of Jamaica, under the Great Seal of this Kingdom, You are not to give your consent for the future to any law for the raising of mony or the value of mony, whereby it is not expressly declar'd that such mony shall be put into the hands of and receiv'd by Our Receiver General aforesaid; provided that nothing herein contain'd shall be construed to hinder the Assembly from appropriating any mony given by them on extraordinary occasions in such manner as may not be contrary to the intent of this or any other Instruction, herewith given to you. (98) Whereas we have judg'd it necessary for Our service, and for the defence and security of Our said Island of Jamaica, that the two independent Companies now remaining there, shou'd continue on foot, untill the Island be better peopled with white men; you are to recommend to the Assembly in the strongest terms to make provision for subsisting the said two Companies, assuring ye Assembly at the same time in Our name that the said two Companies shall be sent for from thence as soon as it shall appear to Us, that there are white people enough establish'd there to defend that Island against the attempts of any enemies from without, and of the negro slaves from within. (99) And whereas the Lord Archd. Hamilton. late Govr. of that Island and the then Council did disburse several considerable sums for the subsistence of the said two Companies at a time when the Assembly had declin'd providing for them. And whereas it is but just and reasonable, that monys advanc'd upon exigencys for the publick services shou'd be punctually discharg'd. It is Our will and pleasure, that you move the Assembly also in Our name in the most pressing manner that they take care to provide such supplies as may be necessary for the dischargeing not only of that and the other debts of the Government unprovided for, but also that they take care to settle such a Revenue as may be thought sufficient for the support and honour of the Government for the future. (100) And whereas the Members of several of the Assemblys in the Plantations have frequently assum'd to themselves the privilege of being protected from suits at law, during the term they remain of the Assembly to the great prejudice of their creditors and the obstruction of Justice, and whereas it has been declar'd by her late Majesty in Council the 31st May, 1713, upon a full examination of the matter, that there is no ground for the claiming such pretended privilege, nor have you Our Governor any authority by Our Commission to you to allow the same; It is therefore Our will and pleasure that no such pretended privilege be allow'd to any Member of the Assembly or of Our Council (otherways than in their persons) which you are to signify to them, that all officers and other persons whom it may concern may take notice hereof and pay due obedience hereunto. (101) And whereas upon the expiration of an Act pass'd in Our Island of Jamaica in 1693 for raising mony to sollicit in England the affairs of this their Majestys' Island, the Assembly did pass a bill for ye same purpose, wherein Our Council were entirely excluded from any share in the management thereof; We do hereby empower you to give your consent to a new law for raising mony to sollicit the affairs of Our said Island in England, provided that such levy do not exceed £300 ster. yearly, and that two of Our Council in conjunction with five of the Assembly, to be nam'd by their respective Bodies be thereby authoriz'd to exercise the several powers given them by the former Act passed in 1693.
144. ii. H.M. Instructions to Sir N. Lawes relating to Trade and Navigation. [C.O. 138, 15. pp. 344–457.]
Oct. 11.145. Rich. Bankes to the Council of Trade and Plantations. Repeats proposal to purchase the late French lands in St. Christophers etc. Signed. Richd. Bankes. Endorsed, Recd. Read 11th Oct., 1717. 1 p. [C.O. 152, 12. No. 44.]
Oct. 11.
London.
146. Micajah Perry, John Perry and Samuel Travers to the Council of Trade and Plantations. Undertake to purchase the late French lands in St. Christophers upon the terms proposed by John Mills (v. Sept. 19), lately deceased. Signed, Micajah Perry, John Perry; Saml. Travers. Endorsed, Recd. Read 11th Oct., 1717. 1 p. [C.O. 152, 12. No. 45.]
Oct. 14.
Whitehall.
147. Mr. Popple to Wm. Lowndes. Applies for orders to H.M. Printer to supply the Board of Trade with copies of several Acts necessary to be given to Governors of Plantations with their Instructions. [C.O. 324, 10. pp. 142–144.]
Oct. 14.
Whitehall.
148. Council of Trade and Plantations to the King. An Act having been pass'd in your Majesty's Island of Barbados in July 1716, entituled an Act laying an imposition, or duty on all sugars, molossies, rum, cotton and ginger imported this Island, which are not the natural product, growth and manufacture of some of H.M. Colonies, we have considered the reasons the Agents have suggested to us for passing the said Act (v. Sept. 25), which are to prevent commerce carryed on by a few private persons who have fallen into the Dutch and French sugar trade, and very much assisted and improved the French and Dutch Colonies by sending them horses, asses and negroes to the great detriment of the inhabitants of Barbado's, who, with respect to the labour and expence in cultivating their land are under greater disadvantages than the Dutch or French in those parts; and to correct an abuse that has been practised of late years in importing of foreign sugars into Barbado's, and reexporting the same afterwards to this Kingdom under the notion of sugars of the growth of the said Island, whereby the payment of the double duty on foreign sugars has been evaded and the price of the sugars of your Majesty's own Plantations lessened, whereupon we are humbly of opinion that the said Act may be fit to receive your Majesty's Royal approbation. [C.O. 29, 13. pp. 407–409.]
Oct. 14.
Hampton Court.
149. Mr. Secretary Addison to the Council of Trade and Plantations. Refers following for their report. Signed, J. Addison. Endorsed, Recd. 22nd Oct., Read 6th Nov., 1717. Enclosed,
149. i. Petition of Anne Low, Widow, to the King. Prays for a patent for the sole privilege of making sturgeon in America. Petitioner's husband was murdered by the Indians. Her father who devotes himself to the fishing trade in the Plantations and at Hamburgh etc., has acquired the art of curing sturgeon, and brought it to a much greater perfection than had been formerly done by H.M. subjects. He now requires her to go over and help him, etc. Signed, Anne Low. The whole 1 p. [C.O. 5, 866. Nos. 124, 124 i.; and 5, 915. pp. 52–55.]
Oct. 15.
Whitehall.
150. Mr. Popple to Messrs. Mayne and Tilden. Sends a box containing the new Seal and papers to be forwarded to the Governors of Barbados and Bermuda. Similar letter to Mr. R. Tryon for the Leeward Islands and to Micajah Perry for Virginia. [C.O. 29, 13. p. 409.]
Oct. 15.
Whitehall.
151. Receipt for the new Seal of Jamaica. Signed, Nicholas Lawes. ¼ p. [C.O. 137, 12. No. 79; and 138, 15. p. 467.]