America and West Indies
November 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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96-117

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'America and West Indies: November 1717', Calendar of State Papers Colonial, America and West Indies, Volume 30: 1717-1718 (1930), pp. 96-117. URL: http://www.british-history.ac.uk/report.aspx?compid=74031 Date accessed: 28 November 2014.


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November 1717

Nov. 4.
London.
181. Sir. N. Lawes to the Council of Trade and Plantations. I know not how to answer your commands better then by reciteing part of a letter wrote to me from Jamaica viz:—"I repeat my earnest desire, that you would use the most pressing instances with the Ministers, that they would take some methods for supporting the Government, and saving the Island, which daily sinks in its people, while our wiser neighbours are increasing: And we are such stupid and mercenary wretches to give them all the assistance we can; for our own undoing, by furnishing them with all materials for sugar works. Very lately a French man came from Hispaniola, and bought all the lead, and mill work in the Island, so that several people were forced to stop work, till more came in the London ships. The trade is now grown barefaced. They bring in sugars as well as indigo. There are now at North side three ships from London, under pretence of loading there, which is in truth not able to load one ship; but we are assured they go home freighted with French sugar, and indigo: Besides the French have raised our bitts i.e. 7½d. to 10d. pr. bitt; by which we shall soon be stript of all our currant money: for Gods sake endeavour to put a stop to it. The ship Tanner frigat (Benham, master) unloaded at Port Royal went empty up to Hispaniola, and there took in her loading for France where she now is."
And now my Lords I beg to state some questions upon H.M. late Proclamation for suppressing of pyrates. (i.) Whether the Proclamation is a full and sufficient pardon to any persons, who may have committed pyracies and robberies upon the High Seas in America within the time therein mentioned; or if not what steps must be taken to obtain it of the Govrs. in America? (ii.) Whether by this Proclamation murders committed by such pirates are pardoned? (iii.) Whether the persons who have committed any robberies, or pyracies, or any others by that title can hold the monys and effects they may be so possest of, and not liable to be prosecuted for them? (iv.) Whether if any persons having notice of this Proclamation should between such notice, and the fifth of January next committ any pyracies or robberies are intitled to the benefitt of it? etc. I am informed more than 20 laws (most of the present Governor and Assembly) are now before your Honors. for H.M. approbation. Prays for their decisions and that he may be given their reasons if they require amending etc. Signed, Nicholas Lawes. Endorsed, Recd. 4th, Read 7th Nov., 1717. 1¾ pp. Enclosed,
181. i. Reasons for not calling an Assembly [? by that part of the Council which dissented]. No signature. 1 p. [C.O. 137, 12. Nos. 93, 93 i.,; and 138, 15. pp. 518–524.]
Nov. 6.
Whitehall.
182. Mr. Popple to John Ury, Secry. to the South Sea Company. The Council of Trade and Plantations desire to know what proof the Directors have that the duty referred to Oct. 31st, has been paid for the negroes who are only put into Jamaica for refreshment and what objections the Company have to the paying of the duties upon the exportation of negros bought in that Island as the inhabitants there do. [C.O. 138, 15. pp. 517, 518.]
Nov. 6.183. Richard Shelton to Mr. Popple. The Lords Proprietors of the Bahama Islands (viz.) four of them Mr. Ashley, for himselfe and the Lord Carteret Ld. Berkley and Sr. Jno. Colleton, have executed a surrender of their right to ye civil and military Govermt. of those Islands to H.M. (v. 28th Oct.) and also have executed a lease to Capt. Roger for one and twenty years of all their remaining rights and interest in the said Islands. Both which instruments are witnessed by me etc. and are word for word the same as Capt. Rogers prepared them. The reason that induced the Lords Proprietors to surrender their Govermt. was, the great desire they had to have ye Bahama Islands resettled; and upon that account have commanded me not to deliver the two deeds as theirs, till Capt. Rogers has his Comission signed by H.M. Capt. Rogers has seen the deeds legally executed by the four Proprietors and tells me he will give you a copy of the surrender. Signed, Ri. Shelton. Endorsed, Recd., Read 6th Nov., 1717. Addressed. 1 p. [C.O. 5, 1265. No. 81; and 5, 1293. pp. 114–115.]
Nov. 6.
Whitehall.
184. Mr. Popple to Mr. Shelton. In reply to preceding, the Lords Commrs. for Trade etc. being authorized by H.M. to receive the surrender of the Lords Proprietors of the Bahama Islands, they do not see how they can present a Commission to be signed for H.M. for Cap. Rogers to be Govr., till they are in possession of the said surrender: For the preamble of the Commission is to declare (according to the usual form) that the Lords Proprietors have actually surrender'd to H.M., which cannot be done till the surrender is in the hands of those authorized by H.M. to receive it. You'll please to acquaint the Lords Proprietors with this. [C.O. 5, 1293. p. 128.]
Nov. 6.
Annapolis Royal.
185. Capt. Doucett, Lt. Govr. of Annapolis Royal, to the Council of Trade and Plantations. Being so much prest in time after I receiv'd my Commission etc., I was obleidged to depart without waiting on your Lordships for your instructions etc. Soon after my arrival I was inform'd ye French inhabitants have never yett acknowledged H.M., upon which I summons'd those that live in this neighborhood to signe the inclosed paper and told them how much they stood in their own light, and how dangerous it was to triffle wth. so great a monarch, allso declared I could by no means suffer any of their vessells to pass this Fort to fish or trade on this coast without they became subjects, to H.M., and that assoon as they should become such they might expect the same liberty as the English, to which they deliver'd the paper enclosed. But since find severall inclin'd to signe rather then loose the profitt the[y] reap in the fishing season, which begins here in spring and lasts till the winter, so that I expect as the spring aproaches, if advantage can biass them more then their preists, some (if not all) will declare themselves subjects to H.M. Tho' att present most of them give out that they designe to leave this part of the country in the spring, and to settle on the other side of the Bay of Fundy about Passmaquady, where they fancy themselves secure and that there no notice would be taken off them, tho' it is still in H.M. Dominions, But it seems this has been their declaration every winter for five or six years past so that wee doe not give much creditt to it. As to what they take notice on in their answer concerning their dread of the Indians, I am farr from beleiveing what they say. For to my knowledge if an Indian is att any time insolent in their houses, they not only turn them out, but beat them very severly, therefore since they doe not revenge themselves on 'em for such useage is my reason of objection to what they alledge should they become subjects to H.M.; but rather beleive, that if the French dared deal ingeniously, they would tell us, they fear'd their preists much more then the indians, who are continually doeing all in their power to prevent an English settlement in this Country; and who att this time have spread over the country some of their forged intellegency's, and report that a preist about 30 leagues from hence has receiv'd a letter from his correspondent in France, in which he pretends to have an account that this country is to be given back into the hands of the French, with the circumstance's following. That the Pretender was again landed in Scotland; and that King George sent for 10,000 French from the Regent to assist him, which troop's soon after they landed in England, they all declar'd for the Pretender and that they had establisht him upon the Throne of Great Brittain, and that for the service those men had done him, he intended to give to the French, all they should ask for, therefore 'twas not to be doubted but that this country would be included in their requests. This dismall story I hope your Lordships will not think me impertinent to trouble you with, For from it I hope your Lordships will take some method to convince these people that their preists are fallible. I therefore humbly move your Lordships that if an order could be procured to be sent from France to the Govrs. of Canada and Cape Bretton, that they should surpress and severly punish any Indian or other's the French who shall insult the people of Nova Scotia or L'Acadie that live under the protection of H.M. King George and that a coppy of such orders be sent to this Garrison from the said Govers. to be publisht amongst the people of this country, it would be a great mean's to bring them to be subjects to H.M., and destroy all reasons they could alledge to triffle any longer, etc. John Doucett. Endorsed, Recd., Read 22nd May, 1718. Holograph. 4 pp. Enclosed,
185. i. Copy of declaration of allegiance to King George, sent by Lt. Governor Doucett to the French Inhabitants of Nova Scotia for their signature. Same endorsement. 1 p.
185. ii. French inhabitants to Lt. Governor Doucett. Reply to preceding. We shall be ready to comply as soon as H.M. has found means to protect us from the savage nations who have killed and plundered several French and English settlers since the Peace. By taking the oath required we should expose ourselves to be murdered by them. We are ready to take oath not to take up arms against France or England. 76 Signatures. Same endorsement. French. 2½ pp. [C.O. 217, 2. Nos. 47, 47 i., ii.; and (without enclosures) 218, 1. pp. 350–355.]
Nov. 7.
Whitehall.
186. Council of Trade and Plantations to Mr. Secretary Addison. Refer to report of Mr. Attorney and Mr. Solicitor General upon Lord Sutherland's petition (v. Oct. 28), etc. Conclude: Finding the sd. report to consist of matters of right and law, we have nothing farther to offer upon it. [C.O. 5, 1293. p. 129.]
Nov. 7.187. Mr. Popple to Mr. Attorney and Mr. Solicitor General. The Council of Trade and Plantations haveing received some queries relating to the late Proclamation for suppressing of pirates, send you a copy thereof, and desire your answers thereto as soon as possible, that they may be the better able to instruct the several Governments of the Plantations how to govern themselves in case any pirates should surrender on the faith of this H.M. Proclamation. Annexed,
187. i. Quere. i. Whether the Proclamation is a full and sufficient pardon to any persons who may have committed piracies and robberies upon the high seas in America within the time therein mentioned, or if not what steps must be taken to obtain it of the Govrs. in America.
187. ii. Whether by this Proclamation murders committed by such pirates are pardoned.
187. iii. Whether the persons who have committed any robberies, or piracies, or any others by that title can hold the monies and effects they may be so possessed of, and not lyable to be prosecuted for them.
187. iv. Whether if any persons having notice of this Proclamation, should between such notice and Jan. 5th next commit any piracies or robberies are intituled to the benefit of it. [C.O. 324, 10. pp. 146, 147.]
Nov. 7.
Tower Street.
188. Messrs. Tilden and Mayne to Mr. Popple. Enclose receipt for seals etc., Oct. 15. Signed, Rich. Tilden, Jos. Mayne. Endorsed, Recd., Read 8th Nov., 1717. Addressed. Postmark. ½ p. [C.O. 28, 15. No. 22].
Nov. 7.
Whitehall.
189. Council of Trade and Plantations to Mr. Secretary Addison. Sr. N. Lawes has communicated to us the extract of a letter wch. he has lately receiv'd from Jamaica, relating to a trade carry'd on between that Island and Hispaniola (a copy whereof is inclos'd) Upon which we must observe, that this trade ought as much as possible to be discourag'd and prevented. There is an Act lately pass'd in that Island, to prevent all fraudulent trade to Hispaniola and other foreign parts, which Act we have not laid before H.M. for confirmation by reason it takes away the King's power of granting a noli prosequi, nor have we been willing to propose the rejecting it upon this account, because the Act is in generall usefull and necessary; But we have chose to let it remain as it is. till Sr. N. Lawes arrives at his Governmt. and has had an opportunity to get another Act pass'd, wch. may not be liable to the aforesaid objection about the noli prosequi and may answer yet more effectually than this Act dos, the end of preventing the fraudulent and pernicious trade to Hispaniola. We have accordingly recommended to Sr. N. Lawes to get such an Act pass'd; and we think this a proper opportunity to observe to you the necessity of Sir N. Lawes being dispatch'd to his Government as soon as possible. We take likewise this occasion to inform you that on the 23rd of the last month, we laid a report before H.M. in Council upon sevl. Jamaica Acts, and that we are of opinion it is necessary H.M. pleasure shou'd be declar'd thereupon before Sir N. Lawes gos from hence. [C.O. 138, 16. pp. 1, 2.]
Nov. 8.
South Sea House.
190. Daniel Wescomb to Mr. Popple. Acknowledges letter of Nov. 6 addressed to Mr. Ury etc. Signed, Daniel Wescomb. Endorsed, Recd. 9th, Read 12th Nov. 1717. 1 p. [C.O. 137, 12. No. 94; and 138, 16. p. 3.]
[Nov. 8.]191. Objections of parishioners of St. Philip to an Act of Antego to indemnify Anthony Brown etc. Endorsed, Recd. [from (John) Marsh, Sollicitor] 8th Nov., 1717. Read 29th Jan., 1720. 3 large pp. [C.O. 152, 13. ff. 3–5.]
[Nov. 8.]192. Church Wardens and Vestry of the Parish of St. Philip in Antigua to the Bishop of London. Objections to Act as preceding. Signed, Benjamin Wickham, Thomas Elmes, Churchwardens. Jos. Ledeatt, James Apres, William Painter, Wm. Steele Senr., Timo. Singin, Samuel Mayer, Jno. Barnard. Endorsed as preceding. 1¾ pp. [C.O. 152, 13. ff. 6, 7.]
Nov. 9.
Boston.
193. Governor Shute to the Council of Trade and Plantations. I am favoured with yours of the 4th of August last and have issued out Proclamations to prohibit the illegal trade, that has been carried on, between H.M. Plantations and the French settlements in America, both the Provinces of the Massachusetts Bay and New Hampshire: and have sent your Lorps.' enclosed orders to the Governments of Rhode Islands, and Connecticut. Replies to enquiries made in their Lordships' said letter (quoted):—These Provinces are indeed very much indebted occasioned by a long and expensive war with the Indians, and are endeavouring to get out of that debt as fast as possible. I have also since I have been here visited the Forts in both Provinces and have found some of them in a very ill state of defence, and shall use my best endeavours to perswade the Governments in a little time to put them in a better posture. As to the Revenues of both Governments and how they do arrise your Lordps. may see in Mr. Blaithwait's Office who is Auditor General of the Plantations, where they have been yearly transmitted. These accompts before they are sent over are laid before the whole Council and Assembly, where any Member has liberty to peruse the same, and are afterwards audited by a Deputy Auditor appointed by the Auditor General. After which they are sent to his Office in England. I have endeavoured to get the exact numbers of white men able to bear arms in both Provinces, but can't as yet get them compleated, but will send them as soon as they are perfectly finished. Your Lordps. are pleas'd to enquire what methodes can be proposed for the better peopling and advancing the intrest of these Provinces. According to the best observation I have been able to make in the little time I have been here, I am of opinion that if 40 shillings pr. head shou'd be allowed for the encouragement of masters of ships for the transportation of persons from 16 to 40 years of age that it wou'd be of great service to these Provinces: labour being very dear by reason of the scarsity of hands. I wou'd also beg leave to observe to your Lordps. that the import of these Provinces is so vastly different from the export, that if some method is not taken to assist them that instead of their becoming a flourishing country they will fall into decay for here is nothing but paper money stirring and that falling every day in it's value. I shou'd also hope that if the dutys were taken off our lumber it wou'd be of great help as will also the incouragement of Naval Stores, which I will use my best arguments to perswade them to raise. As to the stores of war and their several species, they are once a year sent to the board of Ordnance as is usual and I have herewith sent duplicates as your Lordps. desire. Since I writ last I have been in the Squirrel man of war at Arowsick which lyes upon the River of Kennebec where I met a great number of the Eastern Indians who have ratified and confirmed all former Treatys and entred into some new on's, which I hope will tend to the honr. of the King my Master and the quiet and peace of these Provinces: What passed in that Interview is printing, which when finished I shall transmit to your Lordps. The eight pirates which have been so long in prison here have been try'd by a special Court of Admiralty, and six of them were found guilty of piracy etc. and have received sentence of death and are to be executed on Wednesday the 13th currt. I am very glad of this oppertunity to assure this Honble. Board, that I will constantly send an accompt of all the remarkable affairs that shall happen in relation to these Provinces; as also to return your Lordps. my thanks four your promising to support and assist me etc. Signed, Samll. Shute. Endorsed, Recd., 21st Jan., Read 24th Feb., 1717/18. 3 pp. Enclosed,
193. i. Account of stores of war expended at Castle William, Boston, 11th Oct., 1716–24th June, 1717. Same endorsement. 1 p.
193. ii. Account of stores of war at Castle William, 24th June, 1717. Same endorsement. 1 p.
193. iii. Account of stores of war in New Hampshire, 24th June, 1715–1716. Same endorsement. 2 pp. [C.O. 5, 866. Nos. 137, 137 i.–iii.; and (without enclosures) 5, 915. pp. 82–87.]
Nov. 9.
N. York.
194. Governor Hunter to Mr. Pople. I have had the pleasure of but one of yours of a long while etc. Refers the Board to Mr. Philips etc. I believe their Losps. are convine'd by this time of taking some effectual and speedy course to put a stop to the seditious practices of Cox and his Agents, etc., or they may lay their account with hearing of confusion in that poor countrey soon after my departure. I have wrote several times for Councellors for the Jerseys, there are two more lately dead viz.: Elisha Parker and John Reading. In the room of the former I beg leave to recommend his son John Parker a very sober honest sensible young man and of a considerable estate. In the room of ye later Peter Fretwell a man of very good abilitys and estate though a sort of a Quaker. If I am under a necessity of holding an Assembly in ye Jerseys this winter I must make use of ye power given me by my patent and Instructions. For all ye Councelors now alive are these Lewis Morris living in York, Thomas Gordon aged and infirm, John Anderson, Th. Byerley in York and paralitical, John Hamilton Post Mr. Genll. David Lyal remov'd to York. I have formerly and beg again to recommend for ye Eastern Division John Read, John Parker, Adam Hudd, for ye Western Peter Fretwell, Joshua Wells. The Assembly here is still sitting and will continue so at least a fortnight being taken up in putting a finishing hand to a bill for payment of the remainder of publick debts, which by reason of ye absence of ye claimants then under age or other causes were omitted in ye former, I hope their Losps. will receive no suggestions against it or ill impression of it till they see't, I say this because angry men have threatned that they'll have it damn'd before 'tis pass'd. I'm sure I shall not passe it if I do not think it reasonable and just, by the next conveyance you'll have all, Adieu I am from the bottom of my heart Yours Signed, Ro. Hunter. Endorsed, Recd. 30th Dec., 1717, Read 27th Jan., 1717/18. Holograph. 4 pp. [C.O. 5, 971. No. 66; and 5, 995. pp. 423–425.]
Nov. 11.
Whitehall.
195. Council of Trade and Plantations to Mr. Secretary Methuen. Our Secretary having received a letter from Brigadier Hunter relating to the designs of Mr. Cox, etc. to blacken his reputation here, we send you a copy of the said letter and of one from Mr. Cox, referred to in it, (v. Nov. 16, 1716) that you may see what indirect measures are taken to make H.M. Governors uneasy in the Plantations. [C.O. 5, 995. pp. 332, 333.]
[Nov. 11.]196. Sir N. Lawes to the Council of Trade and Plantations. Jamaica is 70 times bigger than Barbados, and capable to entertain 20 times more inhabitants. There is room for 100,000 families more than are now upon that Island who may produce in planting sugar, indigo, cotton, logwood, peimento etc. £1000 a year one with another. Planting is the mother of trade, and negros the support of planting. Negroes are very dear, from £25 to £40 pr. head, little or no credit will be given to new settlers, without wch. the country can never increase in Planters, tho' the present possessors may in riches. The Assiento carrys all the able, stout and young negros, or such as they call peic'd India to the Spaniards and sell none to the Planters but old sickly and decrepid, or what are call'd Refuse; if a choice negro is sold to a Planter, he might give as much or more than the Spaniard and that in ready mony. The produce of one able negro's labour in planting is not less, often more than one hhd. of sugar yearly etc. The freight for one hhd. is £2 10s. 0d. Duty to the Crown £3. Commission etc. £1 10s. 0d. Clear of all charges to the importer, £15. The Assiento 'tis supposed may sell such a negro to the Spaniard for £40 in ps. 8/8 and there is an end of that profit to the Nation for ever. The Assiento is in the Crown of Spain, and the South Sea Company exclusive of all others. The Company assign great advantages (as they are pleased to say) accruing to Jamaica; by ordering their ships from Guinea to touch at the port of Jamaica, and there to sell such negros as are not proper for the Spaniards, clean their ships, and buy provisions, and refreshments to carry them to the Spanish ports; this favour (they say) incourages many ships to come from North America with provision to Jamaica, for the market made there by the Assiento. This number of ships lowers the freight of goods from Jamaica to England. If the Government will not ease them of the tax laid upon negroes exported they resolve to direct their ships to some other port etc. But this duty of 20s. per head was laid by the Assembly many years before the South Sea Company had the Assiento, and is to be paid by all H.M. subjects. It may be concluded that the Company orders their ships to Jamaica as being the most convenient port. They can well afford to pay that easie duty, which is not half so much as their factors gain by them. But if they cannot afford to pay the duty out of the profitts of the Assiento, then it may be supposed the negroes imployed on our Plantations are of greater advantage to this Kingdome, than selling them to the Spaniard. Endorsed, Recd. 11th, Read 21st Nov., 1717. 2¾ pp. [C.O. 137, 12. No. 99; and 138, 16. pp. 12–18.]
Nov. 12.197. Copy of two clauses of an Act of Pensilvania of 1711 for raising £2000 for the Queen's use, and of a Minute of Council, Philadelphia, 12th Nov., 1717, directing the said £2000 to be paid to Lt. Governor William Keith. 1 p. [C.O. 5, 1233. No. 58.]
Nov. 12.198. Jacob Wachter to Mr. Popple. Mrs. Lowe answers that tis impossible for her to attend the board to-morrow, she having lost her place in ye Gloucester Coach etc. Signed, Jacob Wachter. Endorsed, Recd. 12th Nov., 1717. Addressed. 1 p. [C.O. 5, 866. No. 127.]
Nov. 13.
Whitehall.
199. Mr. Popple to Mr. Attorney General. Encloses three Acts of New York for his opinion in point of law as soon as conveniently he can:—(i) for levying several duties, June, 1717; (ii) for granting a supply to H.M. for supporting his governments of New York, and for striking bills of credit for that purpose, July, 1715; and to oblige all vessels trading into this Colony except such as are therein excepted to pay a certain duty etc. Concludes:—The first of 'em is expired and is only sent you because the other two refer to it etc. Their Lordships being now about to print the New York Acts, cannot go on with them till they know your opinion. [C.O. 5, 1123. p. 457.]
Nov. 13.200. Agents for the Leeward Islands to the Council of Trade and Plantations. Refers to previous correspondence relating to stores of war for the Leeward Islands, June, 1716 etc. Continue: Nothing further has been done in this matter. By the freshest and repeated advices from those parts, it appears that the present state of those Islands makes the supply of those stores still more and more necessary for their defence. The 4½ p.c. was given by these Islands for erecting and repairing fortifications and providing them with other necessary's for their defence. The said revenue has for some time been applyed to the Civil List. This lays the said Islands under the necessity of applying to the Crown. Pray their Lordships to represent the matter to H.M., that the Islands may be supplyed according to the demands of the Governour with all possible dispatch. Signed, Jos. Jory, Ste. Duport, Will. Nivine. Endorsed, Recd., Read 13th Nov., 1717. 1 p. [C.O. 152, 12. No. 51; and 153, 13. pp. 158–160.]
Nov. 14.201. Mr. Attorney and Mr. Solicitor General to the Council of Trade and Plantations. Reply to Nov. 7. We are of opinion (i) that the Proclamation does not contain a pardon of pyracy but only H.M. gracious promise to grant pyrates such pardon on the terms mentioned, on which every subject may safely rely. But that it will be reasonable for H.M. to give Instructions to his Governors in America to grant the persons surrendring themselves according to the terms of such proclamation H.M. most gratious pardon for pyracies and robberies on the High Seas. (2) That where the murther is comitted in the pyracy, it was H.M. intention to pardon the murther so committed, and therefore it may be reasonable in the Instructions to H.M. Governors to direct them to insert in the pardons by them to be passed of the piracies and robberies committed on the High Seas a pardon of all murthers committed in the same. (3) That as to the proper goods of the pyrates, they being pardoned, the same will not be forfeited, but they may retain them to their own use. But as to the goods of other persons which they have taken unlawfully from them, the property thereof by such taking is not altered, but the owners, notwithstanding any pardon, may retake them, or they may recover the same by an action to be brought agt. the robbers for the same. (4) That there is no notice of any exception in the proclamation, and H.M. has been pleased to give his Royall promise, which he will never break, to pardon pirates surrendring themselves all pyracies committed or to be committed before the said fifth day of January, and for preventing the mischeifs hinted at in this query H.M. Officers are to be diligent in apprehending all pyrates, for H.M. has not been pleased to promise pardon to any pyrates but such as surrender voluntarily according to the terms of the proclamation. Signed, Edw. Northey, Wm. Thomson. Endorsed, Recd. 15th, Read 16th Nov., 1717. 2⅓ pp. Enclosed,
201. i. Copy of queries, Nos. 187 i–iv. 1 p. [C.O. 323, 7. Nos. 114, 114 i.; and (without enclosure) 324, 10. pp. 148–150.]
Nov. 14.
Whitehall.
202. Mr. Popple to Mr. Lowndes, Secretary to the Lords of the Treasury. Encloses copies of correspondence relating to stores of war for the Leeward Islands, 22nd June and 14th Dec., 1716, and 22nd Feb., and 13th Nov., 1717. Whereby the Lords Commissioners of the Treasury will see the necessity their Lordps. of Trade apprehend there is for supplying those Islands etc. [C.O. 152, 12. pp. 161, 162.]
Nov. 14.
St. James's.
203. Order of King in Council. Referring following to the Council of Trade and Plantations for their report. Signed, Robert Hales. Endorsed, Recd. 19th, Read 20th Nov., 1717. 1 p. Enclosed,
203. i. Petition of Christopher Stoddard to the King. Prays to be reinstated in his plantation in St. Christophers as Aug. 15, q.v. Copy. 2¼ pp. [C.O. 152, 12. Nos. 56, 56 i.; and 153, 13. pp. 174–179.]
Nov. 14.
Treary. Chambers.
204. Charles Stanhope to Mr. Popple. The Lords Commrs. of the Treasury desire an explanation of the 13th condition proposed for the sale of lands in St. Christophers (v. 16th Oct.). Signed, C. Stanhope. Endorsed, Recd., Read 15th Nov., 1717. Addressed. 1 p. [C.O. 152, 12. No. 52; and 153, 13. p. 161.]
Nov. 15.
Whitehall.
205. Mr. Popple to Mr. Stanhope, Secy. to the Lords of the Treasury. Reply to preceding. The intention of the Council of Trade and Plantations in the said Article and the preceding one, was to give incouragement to any person that might be dis posed to become a general purchaser of all the said lands, wherein their Lordships had a more especial regard to a certain proposal for that purpose, laid before them by one Mr. Mills since deceased, and by them transmitted to the Lords of the Treasury, wherein he did offer to retale the said lands again upon an average for the same price by him paid to the publick, reserving only to himself a profit upon the retale of each acre in consideration of his charge and trouble. And as their Lordships did conceive this part of Mr. Mills's proposal to have been very just, and reasonable, they did in great measure copy after it, with this difference only, that whereas the said Mills did fix a certain profit for himself upon each acre retaled, the Lords Commissioners of Trade thought it more proper to leave that profit to be determined by the Lords of the Treasury, when they should treat upon this subject, with any general purchaser. [C.O. 153, 13. pp. 162–164.]
Nov. 15.
South Sea House.
206. Daniel Wescomb to Mr. Popple. Reply to Nov. 6th. (i.) Encloses following. (ii.) Refers to petition of the South Sea Company, shewing the advantages derived by Jamaica from their ships touching there etc. Concludes: Besides which the Company conceive it to be contrary to the practice of all Nations, where goods are imported duty free to burthen 'em upon their reexportation, and they can't but deem this duty to be an infringement upon the Assiento contract, in which H.M. and the King of Spain are parties; that after a contract has been entred into for 30 years, that Trade shou'd be burthen'd with new duties, and may occasion a misunderstanding with the King of Spain, and be of ill consequence, etc. Signed, Daniel Wescomb. Endorsed, Recd. 15th, Read 21st Nov., 1717. 1½ pp. Enclosed,
206. i. Extracts of letters from Messrs. Thompson, Pratter and Haselwood, Agents of the South Sea Company at Jamaica, to the Court of Directors, Feb.—Aug. 1717. Complain of the levying of the tax on re-exported negroes, and fear the Assembly will lay a higher one, thinking it an easy way of raising money. The only way to prevent them imposing what duties they please on the Company will be an Act of Parliament or H.M. Instruction to the Govr. that no Act wherein their interest is concerned shall be in force till his Royal pleasure be known. 3 pp.
206. ii. Account of negroes sent to the Spanish West Indies on account of the Assiento from Jamaica, 8th Oct., 1716. Totals:—Bought in Jamaica 349. Re-exported, 1248. 1¾ pp. [C.O. 137, 12. Nos. 100, 100 i., ii.; and (without enclosures) 138, 16. pp. 18–21.]
Nov. 15.
London.
207. Col. Blakiston to Mr. Popple. Prays for a copy of the Council of Virginia's complaint as to the Court of Oyer and Terminer etc. (v. May 4th), that it may be transmitted to Lt. Governor Spotswood to answer, "besides my Lord Orkny is desirous to know what allegations ye Councill have urged against it" etc. Signed, N. Blakiston. Endorsed, Recd., Read 15th Nov., 1717. Addressed. Holograph. 1 p. [C.O. 5, 1318. No. 31.]
[Nov. 16.]208. Mr. Byrd to the Council of Trade and Plantations. Further arguments in support of Oct. 16. Signed, W. Byrd. Endorsed, Recd., Read 16th Nov., 1717. 1 p. [C.O. 5, 1318. No. 32.]
[Nov. 16.]209. A scheme setting forth how the Council of Virginia stand related to one another. Phillip Ludwell married a sister of Nathaniel Harrison, and James Blair a sister of Harrison now dead. William Byrd m. Mr. Ludwell's niece now dead. William Basset m. Ludwell's half-niece, Edmund Berkley Ludwell's half-niece now dead. The remaining six Councillors not related to any of the Council. Endorsed, Recd. (from Mr. Byrd), Read 16th Nov., 1717. ¾ p. [C.O. 5, 1318. No. 33.]
[Nov. 18.]210. Joseph Micklethwaite, Thomas Reynolds and Anthony Cracherode to the Council of Trade and Plantations. H.M. having been graciously pleased to constitute petitioners Secretary, Provost Martial and Registrar in Chancery of Barbados by three several patents, they desire the repeal of some old laws of the Island relating to their offices. By the said laws they are liable to forfeit their offices, be grievously fined and imprisoned without bail or mainprize, and declared uncapable of ever serving again in any office, and the King's Patent sett aside, without a fair tryal thereupon to be had in any Court of Judicature; and all this upon the oath of one single witness, before one J.P., that any of their clerks or servants have taken a larger fee on any account whatsoever, than is expressed in the said Acts, and for the encouragement of any person to informe against them, he is to receive one half of the fine which goes as farr as 10,000 lb. of sugar. These laws are not agreeable to the Instruction to Governors that the laws to be passed there are to be as conformable as possible to the Laws of England etc. The fees now taken by their deputies are reasonable and much smaller than the fees of Jamaica confirmed by a law of 1711, and they have no salaries, etc. Signed, Jo. Micklethwaite, Tho. Reynolds, A. Cracherode. Endorsed, Recd., Read 18th Nov., 1717. 1¾ pp. [C.O. 28, 15. No. 23; and 29, 13. pp. 426–428.]
Nov. 18.
Whitehall.
211. Council of Trade and Plantations to Mr. Secretary Addison. Enclose the Attorney and Solicitor General's report (Nov. 14) relating to the Proclamation for suppressing of pirates, and desire H.M. pleasure concerning the Instructions which Mr. Attorney and Mr. Sollicitor are of opinion, may be reasonable for H.M. to give to his several Governors in America upon this occasion. [C.O. 324, 10. p. 151.]
Nov. 18.
Whitehall.
212. Mr. Popple to Governor Lowther. The Council of Trade and Plantations having received from Barbado's an Act to confirm and make more effectual certain deeds etc. between H.E. Robert Lowther and the Right Honble. Cath. Viscountess Lonsdale and James Lowther etc., past the 16th of March last, they acquaint you therewith, to Know if you have anything to offer for or against the said Act. [C.O. 29, 13. p. 436.]
Nov. 19.
Whitehall.
213. Same to Mr. Attorney General. Encloses papers relating to the dispute between the Governor and Council of Virginia concerning the power of naming Judges in Commissions of Oyer and Terminer. (v. Aug. 29). Continues: The Council of Trade and Plantations desire your opinion upon the Queries inclos'd. (i.) Whether the power granted by H.M. Commission to his Governour for appointing Commissions of Oyer and Terminer in Cases of life and limb, be contrary to the Charter or Laws of Virginia? (ii.) Whether by the said Charter or Laws the King is precluded from impowering any other persons to be Judges in said Commissions in conjunction with the Members of H.M. Council there for the time being? (iii.) Whether H.M. may by Commission appoint Judges in like cases entirely exclusive of the Council? [C.O. 5, 1365. pp. 16–18.]
Nov. 19.
Whitehall.
214. Same to Mr. Stanhope. Since 16th Oct. (q.v.), the Council of Trade and Plantations have received another letter from Genl. Hamilton of the 26th Aug. (extract enclosed), whereby it appears that the poor inhabitants are actually gone from Anguilla to settle on Crab Island; And that General Hamilton apprehends the poor inhabitants in other Islands may be induced to do the same. I am commanded to desire you will lay the matter before my Lords of the Treasury, to know of their Lordships, what hopes Genl. Hamilton may give to these people, that care will be taken of them whenever the French part of St. Christophers is disposed of. The Lords Commissioners of Trade think it is of great consequence to hinder, as much as possible, these people from dispersing themselves in different small settlements, or removing as it is to be feared they may at last do, to some foreign Plantations, if H.M. Governors are not impowered to give, or promise them some encouragement in our own Plantations. [C.O. 152, 12. pp. 171, 172.]
Nov. 19.
Whitehall.
215. Council of Trade and Plantations to Mr. Secretary Addison. Enclose extract of Governor Lowther's letter of 20th July. Whereupon we must observe that the Act for trying of pirates which Mr. Lowther supposes to be expired is revived and is still in force, and that we did report to H.M. the 18th of Sept. last our opinion of the necessity of renewing such Commissions; We are still of opinion that it will be for H.M. service that the said Commissions be renewed, and that as soon as possible. As to that part of Mr. Lowther's letter relating to a power of impressing seamen etc., we must submit to H.M. great wisdom how far an alteration in that Law may be adviseable, so as to lodge such a power in the several Governors of the Plantations in conjunction with their respective Councils. We would also acquaint you that we have lately received from Mr. Heywood Commander in Chief of Jamaica the same account relating to the capture of a Virginia ship commanded by Peter Beverly by a Spanish man of war as we had from Col. Spotswood which we transmitted to you 6th of Aug. last. [C.O. 29, 13. pp. 436–438.]
Nov. 19.
Whitehall.
216. Mr. Popple to Sir Edward Northey. The Council of Trade and Plantations desire your opinion in point of law, as soon as conveniently may be, upon the enclosed Act of Barbado's passed 16th March 1716/17, intituled an additional Act to the Act to ascertain the payment of bills issued pursuant to the Act to supply the want of cash, etc. [C.O. 29, 13. pp. 438, 439.]
Nov. 20.
[Whitehall.]
217. Mr. Popple to John Marsh. Returns petition of the Churchwardens and Vestry of St. Philips in Antegoa, which being to H.M., the Council of Trade think they cannot properly take notice of it till it has been presented to H.M. and his pleasure signifyed to them upon it. [C.O. 153, 13. pp. 179, 180.]
Nov. 21.
St. James's.
218. Mr. Secretary Addison to the Council of Trade and Plantations. Refers following for their opinion what H.M. may fitly do therin. Signed, J. Addison. Endorsed, Recd. 22nd, Read 25th Nov., 1717. ⅓ p. Enclosed,
218. i. Petition of William Cockburn to the King. On 9th March 1716, petitioner was appointed Secretary of Jamaica, and dismissed by Mr. Heywood 6th Aug., 1717. Petitioner was appointed to receive half the profits, and for the other half to be accomptable to the Patentee. But Mr. Beckford, Attorney to the Patentee, claimed the whole profits, £595 3s. 10d., as due to Samuel Page, Deputy to the Patentee, notwithstanding Page had deserted that office without the privity of the Governour before petitioner was appointed. Petitioner was obliged to come to England with Lord A. Hamilton, and learns that Governour Heywood has given a decree in Chancery against him for £641 5s. 8d. and £31 7s. 6d. costs, which his Attorneys have paid to Mr. Page, i.e. £115 9s. 7½d. more than he ever received. By a General Instruction, Governours are restrain'd from allowing of appealls under the value of £500 sterl., whereby petitioner is entirely left without any relief in this unparallel'd case, unless your Majesty shall be graciously pleas'd to give directions for the rehearing of petitioner's cause etc. Prays for relief. 2 pp. [C.O. 137, 12. Nos. 101, 101 i.; and 138, 16. pp. 21–26.]
Nov. 21.
Whitehal.
219. Council of Trade and Plantations to the King. Recommend John Parker, Peter Fretwell and John Wells for the Council of New Jersey, etc. [C.O. 5, 995. p. 340.]
Nov. 21.
Whitehall.
220. Council of Trade and Plantations to Mr. Secretary Addison, We have prepar'd the draughts of a Commission and Instructions for Capt. Woodes Rogers to be H.M. Governor of the Bahama Islands (v. Sept. 3), which we hope will be sufficient till upon the informations that shall be receiv'd from him after his arrival there, of the true state and condition of those Islands H.M. shall be pleas'd to establish a civil Government there, which will require a more ample Commission and Instructions. We have receiv'd pursuant to H.M. directions signified to us by your letter of 23rd Oct. last a surrender from four of the Proprietors of the Bahama Islands to H.M. of their right to the Government there, and shall take care to send the same to Mr. Attorney General to be enroll'd in Chancery according to H.M. Orders; But whereas there are six Proprietors of the said Islands and only four of them have sign'd to the said surrender We have sent to Mr. Attorney General for his opinion how far the same may be valid and effectual in Law to conclude the persons that have not signed. Annexed,
220. i. H.M. Commission to Woodes Rogers to be Governor of the Bahama Islands. Whereas by reason of the great neglect of the Proprietors of the Bahama Islands the Government of the said Islands is fallen into great disorder and confusion, by means whereof not only the publick peace has been disturbed and the administration of Justice (whereby the proprieties of Our subjects should have been preserv'd there) entirely stopp'd but there has also been an utter want of provisions for the guard and defence of the said Islands against an enemy, insomuch that most of the inhabitants are fled from the same, whereby the said Islands are expos'd to be plunder'd and ravaged by pirates and others, and in danger of being lost from Our Crown of Great Britain; And whereas the Proprietors being sensible that the said Islands and Our good subjects the inhabitants thereof, cannot be defended and secur'd by any other means than by Our taking the Government of the same under Our Royal Protection and immediate care, have executed and made a formal and entire surrender of their right or pretended right and title to the Government thereof unto us; Now know ye that We, etc. by these presents do constitute and appoint you Woodes Rogers to be Our Captain General and Governor in Chief in and over our said Islands, and of the Garrison we shall send thither, etc. And for the better administration of Justice and management of the publick affairs of our said Islands, We hereby give and grant unto you full power and authority to choose nominate and appoint such fitting and discreet persons as you shall either find there or carry along with you not exceeding the number of twelve to be of our Council in our said Islands till Our further pleasure be known, any five whereof we do hereby appoint to be a Quorum. Which being done you shall yourself take and administer unto each of the Members of Our said Council as well the oaths appointed to be taken instead of the oaths of Allegiance and Supremacy, and the oath mention'd in the Act to secure H.M. person and the Protestant succession, as also to make and subscribe, and cause them to make and subscribe the Declaration mention'd in the Act for preventing dangers which may happen from Popish Recusants. And you and every one of them are to take an oath for the due execution of your and their places and trusts, etc., and likewise the oath requir'd to be taken by all Governors of Plantations to do their utmost, that the Laws relating to the Plantations be observ'd; all which oaths We do hereby impower any five of our said Council to administer to you. And we do hereby give and grant unto you full power and authority to levy arm muster command and employ all persons whatsoever residing under your Government, and to execute martial Law in time of invasion, insurrection or war, etc., And to the end that the industry of our good people and their posterity may have all good and possible encouragement, We do by these presents give and grant unto you the said Woodes Rogers, with the advice of the said Council or any five of them power and authority to give one or more Commission or Commissions unto one or more of our subjects addressing themselves unto you for the finding out of what trades shall be most necessary to be undertaken for the good and advantage of the inhabitants of the said Islands; And We do hereby further give full power and authority to you the said Woodes Rogers to do execute and perform all and every such further act and acts as shall or may tend or conduce to the security of our said Islands and the good people thereof, and to the honour of our Crown; And We do hereby further give unto you or any five or more of the Council power to administer the oaths etc. And Our further will and pleasure is, and we do by these presents will require and command the several officers, Ministers and other the soldiers and people in the said Islands, that they in their several places be obedient, aiding helping and assisting unto you, etc. Given at Our Court at St. James's the 16th day of January, 1717/18. Countersigned, J. Addison.
220. ii. H. M. Instructions to Governor Woodes Rogers. You are to publish your commission, appoint Councillors and send us their names etc. To transmit the names of 12 persons best qualified for that trust etc., and by the first opportunity and afterwards as often as may be a true state of the said Islands, particularly with respect to the numbers and qualifications of the people that either are or shall resort thither, what number it may be proper to constitute the Assembly of; what persons are proper and fit to be judges Justices and Sherriffs; and any other matter or thing that may be of use to us in the establishing a civil Governmt. as aforesaid. In the meanwhile till We shall have establish'd such a Government you will receive herewith a copy of the several Instructions by Us given to Our Governor of Jamaica [i. e. Sir Nic. Lawes, Ed.], which are to be as a rule to you as near as the circumstance of the place will admit, in such things as they can be applicable to, till Our further pleasure be known; But you are not to take upon you to enact any laws till We shall have appointed an Assembly and given you directions for your further proceedings therein; neither are you to suspend any of the members of Our said Council without good and sufficient cause which you are to signify to Us and to Our Commissrs. for Trade and Plantations etc. [C.O. 24, 1. pp. 2–12.]
Nov. 21.
Whitehall.
221. Mr. Popple to Mr. Attorney General. Four of the Lords Proprietors of the Bahama Islands have executed a deed of surrender of their right of Government to H.M.; but two being minors have not sign'd. The Council of Trade and Plantations desire your opinion whether such a surrender without the hands of all be valid and effectual. [C.O. 24, 1. p. 13.]
Nov. 22.
St. James's.
222. Mr. Secretary Addison to the Council of Trade and Plantations. Refers following for their report thereon. Signed, J. Addison. Endorsed, Recd. 28th Nov., Read 1st Dec., 1717. ¼ p. Overleaf,
222. i. Petition of John Plowman of London, Fishmonger, and Robert Shard of London, merchant, to the King. There are great quantitys of sturgeon imported from Sweden. There are great quantitys to be found in America equally as good but for want of knowing the art of curing them they have been of no advantage to your Majesty's subjects. Petitioners have with great labour and expence found out and acquired the art of preserving them and have already experimented it having imported some taken and cured by their agents in America, etc. Pray for patent for the sole use and benefit of taking cureing preserving and vending such sturgeon etc. Signed, John Plowman, Robt. Shard. 1 p. [C.O. 323, 7. Nos. 115, 115 i.; and 324, 10. pp. 152–155.]
Nov. 22.
N. York.
223. Governor Hunter to Mr. Popple. Abstract. All is well in both Provinces and a perfect harmony reigning amongst all partys, which only meets with small shocks and jarrs from the worthy plaintiffs on your side who continue to write the most notorious falshoods relateing to me etc. That poor troublesome old man, whose memorial is now referred to the Board etc., has sent over of late some blank petitions which his few friends carry round the county for subscriptions etc. Acknowledges his indebtedness to the Board, "even in bad times my most just masters and worthy patrons," and to Mr. Popple etc. Set out, N. Y. Col. Docs. V. 493. Signed, Ro. Hunter. Endorsed, Recd. 7th, Read 27th Jan., 1717/18. Holograph. 4 pp. [C.O. 5, 1051. No. 43; and 5, 1123. pp. 492–494.]
Nov. 23.
Whitehall.
224. Bryan Wheelock to the Principal Officers, of H.M. Board of Works. Applies for repair of "one of the closets in the office in the cockpit," which "being very much out of repair the books and papers" of the Office "are thereby greatly damaged." [C.O. 389, 37. p. 133.]
Nov. 25.225. Francis March to the Council of Trade and Plantations. Repeats request for copy of Ld. A. Hamilton's order by his Secretary William Cockburn to Francis Fernando to pay to Thomas Bendish one third part of the effects etc. taken from on board the Spannish sloop by Fernando, which order is entered in the Council Minutes 8th June, 1716, and is referd to in the Articles exhibited by the Governor and Council against Ld. Archibald etc. Signed, Francis March. Endorsed, Recd., Read 27th Nov., 1717. 1 p. [C.O. 137, 12. No. 102; and 138, 16. pp. 28, 29.]
Nov. 25.
Whitehall.
226. Mr. Popple to Mr. Wachter. Reminds him that the Council of Trade and Plantations desire to speak with Mrs. Low out of hand (v. 14th Oct.). [C.O. 5, 915. pp. 63, 64.]
Nov. 25.
Philadelphia.
227. Lt. Governor Keith to the Council of Trade and Plantations. Acknowledges letter etc. of 16th May. Continues: I immediately gave directions accordingly, copy enclosed. But as formerly the Office of Surveyor Genl. of the Customs in these parts gave me an opportunity to be acquainted with the Plantation Trade that now seems to be complain'd of, I presume it is my duty to inform your Lordships that altho' the King's subjects did then, and I believe still do trade both with the French and Spanish Settlements in America at their own peril and risque of being taken and confiscated by the French etc. according to the tenor of the Treaty [of Peace and Neutrality], yet I never could learn or discover that any trade was carried on by the French to the British Settlements in violation of the Act of Navigation. I will not take upon me to say how far it would be convenient for H.M. interest more strictly to prohibite all clandestine trade with the French and Spaniard in America in our own shipping, which indeed is not restrained by any law or Act of Parliamt. that I know of. But whereas a great part of the returns commonly made by this clandestine trade are the produce of the French settlements such as sugar, cotton, indigo etc. which being transported to the English Colonies pays no more duty than what is laid on the product of H.M. own Plantations, I am of opinion it would be both convenient and profitable to lay a greater duty in America on the product of forreign Plantations than what is laid upon our own, which would oblige our Adventurers not to return anything but bullion from their trade with forreigners unless at the cost of a revenue to the Crown, etc. Signed, W. Keith. Endorsed, Recd. 27th, Read 28th, 1717 (1718). Addressed. Seal. Postmark. 2 pp. Enclosed,
227. i. Lt.-Governor Keith to the Naval Officer and Collector of Customs in Pensilvania. Instructs them to act in accordance with instructions of 16th May, 1717. Philada. Nov. 25, 1717. Copy. 1½ pp. [C.O. 5, 1265. Nos. 89, 89 i.; and (without enclosure) 5, 1293. pp. 134, 135.]
Nov. 25.228. Ambrose Philips to the Council of Trade and Plantations. Mr. Francis Harrison, for whom Brigadier Hunter has applied for a dormant warrant to fill any vacancy in the Council of New York, is a person of singular merit, capacity and zeal towards the Protestant succession, well educated, conversant in business, with a perfect knowledge of the country etc. Endorsed, Recd. 25th, Read 26th Nov., 1717. 2¼ pp. [C.O. 5, 1051. No. 41; and 5, 1123. pp. 490, 491.]
Nov. 26.
Whitehall.
229. Mr. Popple to Sir Edward Northey. Encloses Memorial of Messrs. Micklethwaite etc. (v. Nov. 18). "relating to 4 Barbado's Laws contained in the inclosed book and numbered 41, 42, 108, 145. The Council of Trade and Plantations desire your opinion thereupon," etc. [C.O. 29, 13. p. 439.]
Nov. 26.
Whitehall.
230. Council of Trade and Plantations to Mr. Secretary Addison. In obedience to H.M. commands signifyed to us by your letter of 25th Sept. we have had under our consideration the Memorial of Monsieur D'Ibberville etc. Upon this occasion we have discoursed with such Gentlemen as were most capable of giving us the proper informations about this affair, and have considered some Addresses and Representations to H.M. from the Lt. Governor, Council and Assembly of Nevis, as likewise several depositions on oath of the principal inhabitants of that Island, and other papers, all which relate to the Capitulation, and were laid before this Board some time ago. By the accounts given us by those Gentlemen and the contents of these papers, it appears, that the inhabitants of Nevis did agree to a capitulation on the conditions expressed in the Memorial of the Sieur D'Ibberville, that this Capitulation was signed on the 4th of April, and was observed on the part of the inhabitants, as far as was in their power, but was broke by the french in several respects, particularly by their burning houses, and destroying all the publick Records of that Island; That some days after the signing this Capitulation vizt. on the 19th of the same month, the inhabitants did indeed sign a second agreement to the effect set forth likewise in the Sieur D'Ibberville's Memorial, but this second agreement was not proposed by themselves as is alledged in the said Memorial, for it was forced upon them by threats and ill treatment, of which many strong and particular instances are given in the aforesaid addresses, representations and depositions. The reason given by the Sieur D'Ibberville in his memorial for the making this second agreement is, that the inhabitants had not performed an Article of the Capitulation, whereby they were to deliver up to him all their negroes; In answer to which, we find it is alledged in behalf of the inhabitants, that in pursuance of that article they did deliver up as many of their negroes as were in their power, and that the French did actually carry off the Island upwards of 3000 negroes, besides several effects of considerable value, but the rest of the negroes escaping to the woods on the mountains, and being no longer in their masters power the French themselves attempted in vain to force them thence, from whence it may be concluded that the french were convinced there had not as yet been any wilfull neglect in the inhabitants in this particular, and as no person can be obliged to do anything that is not possible to be performed, the French had no reason to make use of this pretence for imposing upon the inhabitants a new agreement when a reasonable time had not as yet been allowed them for the performance of the old one; and that this was the sence of both parties concerned in that capitulation appears to us by a deposition in these words "That in March 1706 about the 25th day, this deponent went where the officers were in the Dodan, whither came to them as a truce with Articles from the French, two gentlemen one of which had the title of Major, the other as an Interpreter who produced their Articles which being read that Article by which they would have us bring in all our negroes was objected against by us, saying it was not in our power as they were then in the woods, the Interpreter told the Major what we said, and he by his Interpreter told us that the General did not expect anything of us but what was in our power, Captain Dunbar took the Articles and wrote the same words in the margent against the said Article." But the true reason why the French proposed this second agreement as the inhabitants affirm, was that they found it would require more time than they at first imagined, to force the negroes in the mountains to surrender, and having received intelligence of the arrival of an English squadron in those parts, the French were in hast to quit the Island; wherefore making use of the advantage they got by the Capitulation, whereby the inhabitants had put themselves entirely into their power they forced them to submit to a second agreement more advantagious to the conquerors. We observe the Sieur D'Ibberville affirms (Sept. 25) that he performed religiously on his part all the conditions of the capitulation and agreement: yet we find it set forth in the aforesaid addresses, representations and depositions, that the French destroyed houses, blew up the fort and magazine and carryed off several negroes after, and contrary to the express conditions of this second agreement, notwithstanding several representations and complaints which were made to the said Sieur D'Ibberville of such infractions of that agreement as well as of the capitulation. We observe likewise that the Sieur D'Ibberville in his Memorial makes a demand of 20,000 livres for subsisting at Martinico the hostages he carryed off with him from Nevis, yet we find by an account which was joyned to a representation to H.M. from the Lt. Governor, Council and Assembly of Nevis, that £2576 sterl. had at different times been sent from Nevis to Martinico for the subsistance of those hostages to the 7th Sept., 1715, and the Gentn. concerned in the affairs of that Island, whom we discoursed with on this occasion, assured us that further remittances have since that time been made for the same purpose. This appears to us to be a true state of this affair according to the accounts given us by the Gentlemen we discoursed with, and by the several papers lodg'd in our Office, compared with the Sieur D'Ibberville's Memorial; We shall not determine whether any violent means used by the French to make the inhabitants sign the second agreement, or the breach of several conditions of this agreement on the part of the French as well as of the capitulation, may discharge the inhabitants from making good the whole or any part of those agreements; But we think this matter might be best determined by Commissaries to be appointed for this purpose, as by the 11th Article of the Treaty of Peace concluded at Utrecht was agreed to be done, and this method seems to be the more proper because it appears by the said 11th Article that the French were to have justice done them about the capitulation of Nevis, in consequence only of a determination to be made by the same Commissaries who were to consider and to adjust likewise, and in the first place, as the tenour of the Article seems to import, the demands of the Company of Hudson's Bay, and of the inhabitants of Mountserrat, for damages done them by the French during the Peace, and for which reparation is expressly promised by that Article but has not yet been made. We further find that on 13th May, 1714, this Board writ a letter to the Lord Bolingbroke to represent and to desire that H.M. might be pleased to signify to the Court of France the necessity of appointing Commissaries to treat of several matters pursuant to the 10th, 11th and 15 Articles of the Treaty of Peace, the french Commissaries who were then here having no power to treat about those matters, and we cannot but take notice that neither in the Memorial of Monsr. D'Ibberville the Envoy, nor in that of the Sieur D'Ibberville the Commander, any mention is made of the aforesaid 11th Article of the Treaty of Peace, so that it would seem as if the French themselves declined entring into the proper method assigned by that Article for determining their demands about the capitulation of Nevis. Since therefore this affair cannot in our opinion be so well setled in any other way as by the method abovementioned which is likely to prove very dilatory on the part of the French it would be a very great hardship, that Mr. Char. Earle the only one of the Nevis hostages now remaining at Martinico should be any longer detained there, wherefore we beg leave humbly to offer to H.M., that he would be graciously pleased to interpose with the Court of France that the said Mr. Eafiedrle may be set at liberty, which we conceive may be done without prejudice to the demands of the French, because they are entituled by the aforesaid 11th Article of the Treaty of utrecht to have due satisfaction for their demands, when they shall be found to be just. [C.O. 153, 13. pp. 197–205.]
Nov. 27.
Treary. Chambers.
231. Charles Stanhope to Mr. Popple. Having laid before my Lords of the Treasury your letter of the 19th instant whereby their Lordps. understand that the Lords Commrs. of Trade, think it is of great consequence to hinder as much as possible the poor inhabitants of the Leeward Islands from dispersing themselves into other settlements (as they seem inclined to do) for want of encouragement where they now are etc.; my Lords of the Treasury will be ready when opportunity offers of giving to the said poor inhabitants all due encouragement to the best of their Lordps. power. Signed, C. Stanhope. Endorsed, Recd. 29th Nov., Read 2nd Dec., 1717. Addressed. 1 p. [C.O. 152, 12. No. 57; and 153, 13. p. 180.]
Nov. 27.
Whitehall.
232. Mr. Popple to Mr. Attorney General. Encloses, for his opinion, Mr. Cockburn's petition and the decree of the Court of Chancery of Jamaica referred to (Nov. 21st). Continues:—I am to observe to you that by a clause of the King's Instructions to the Lord A. Hamilton (enclosed), which has been the same to all other Governors, his Lordship was impowered to appoint officers upon the suspension or absence of the persons officiating patent places and that Mr. Page, as appears by a letter under his own hand to the Lord Archibald Hamilton, left his office and the Island of Jamaica, contrary to the Laws of that Island and without the Governor's knowledge and consent.
I am further to inclose to you a copy of Mr. Congreve's patent and thereupon to desire your opinion upon Mr. Cockburn's petition, whether H.M. may grant an order for rehearing the cause there, or what H.M. may do for his relief therein. [C.O. 138, 16. pp. 26–28.]
Nov. 27.
Westminster.
233. Copy of Privy Seal directing salaries to the Commissioners for Trade and Plantations, Earl of Suffolk and Bindon, John Chetwynd, Sr. Charles Cook, Paul Docminique, John Molesworth, Thomas Pelham, Daniel Pulteney, and Martin Bladen, and to William Popple, Secretary, and Bryan Wheelock, Deputy Secretary, etc. Signed, J. Wooddeson Depty. Endorsed, Recd. 6th, Primerd, 9th Dec., 1717. 4 pp. [C.O. 388, 77. No. 30; and 389, 37. pp. 134–139.]
Nov. 27.
St. James's.
234. Order of King in Council. Appointing John Parker, Peter Fretwell and John Wells to the Council of New Jersey, etc. Signed, Edward Southwell. Set out, N. J. Archives, 1st Ser. iv. 331. Endorsed, Recd. 30th, Read 31st Jan., 1717/18. 1¼ pp. [C.O. 5, 971. No. 69; and 5, 995. pp. 427, 428.]