America and West Indies
January 1718, 1-13

Sponsor

Institute of Historical Research

Publication

Author

Cecil Headlam (editor)

Year published

1930

Pages

142-155

Annotate

Comment on this article
Double click anywhere on the text to add an annotation in-line

Citation Show another format:

'America and West Indies: January 1718, 1-13', Calendar of State Papers Colonial, America and West Indies, Volume 30: 1717-1718 (1930), pp. 142-155. URL: http://www.british-history.ac.uk/report.aspx?compid=74033 Date accessed: 21 November 2014.


Highlight

(Min 3 characters)

January 1718, 1-13

Jan. 1.
St. James's
291. H.M. Instructions for Governor Sir N.Lawes, relating to the Acts of Trade and Navigation. Signed, G. R. [C.O. 5, 189. pp. 384–409.]
Jan. 2.292. Mr. Attorney General to the Council of Trade and Plantations. I have no objection in point of law to the Acts of New York referred 13th Nov. Acts described. Signed, Edw. Northey. Endorsed, Recd. 3rd, Read 27th Jan., 1717/18. 1½ pp. [C.O. 5, 1051. No. 45; and 5, 1123. pp. 497, 498.]
Jan. 2.293. Same to Same. Report upon Act of New York for shortning of law suits etc. (v. 23rd March, 1716.) Whereby the proceedings in the Supreme and Inferior Courts of that Colony are regulated, and their jurisdictions of holding pleas to certain values are ascertained: and power is therein given (where the Court shall see just cause) to give longer time than allow'd by the Act for putting in baile and declaring, but there is no such power given for enlarging the time for pleading afterwards, if the Court should see cause, but Plaintifs and Defendts. are tied to the times directed by the Act, which may happen to be impossible or inconvent. and the Court has no power to releive them. In the Act there is a clause, whereby it is directed no suit shall be in the Supreme Court where the true and real cause of action shall not exceed £20 of current money of that Colony besides costs (except where titles of lands are anyway concerned) under the penalty of paying the defendt. his costs, which may happen to be mischeivous to plaintifs where the true and real cause of action may exceed £20, but by the absence of a witness or obstinacy of a jury the value may be found to be less and the plaintiffe be oblidged to pay costs in such case, which will be unreasonable. I have no objection agst. the other parts of the said Act, but submit to your Lordships' consideration whether the Act lieable to the aforesaid objections be fit to be confirmed. As to the Act for preventing the multiplicity of lawsuits, 1714, (described), I am of opinion this Act is very useful, and fit to be confirmed. Signed, Edw. Northey. Endorsed, Recd. 3rd, Read 28th Jan., 1717/18. 2 pp. [C.O. 5, 1051. No. 47; and 5, 1123. pp. 507–509.]
Jan. 2.294. Same to Same. Abstract. Has considered the Act of New York (v. C.S.P. 6th Dec., 1715) declaring that all persons of foreign birth heretofore inhabiting within this Colony and dying seized of any lands, tenemts. and hereditaments, shall be for ever hereafter deemed taken and esteemed to have been naturalized, And for naturalizing all Protestants of foreign birth now inhabiting within this Colony etc. Does not think this act, as framed, fit to be confirmed, for reasons stated. "The encouraging foreigners to settle in the Plantations without naturalization, will be directly contrary to the Act of Navigation " etc. Set out, N.Y. Col. Docs. V. 495. q.v. Signed, Edwd. Northey. [C.O. 5, 1123. pp. 499–506; and (memorandum of original, endorsed, Read Jan. 27, 1717/18) 5, 1051. No. 46.]
Jan. 1.
St. James's.
295. H.M. Instructions to Sir Nicholas Lawes, Governor of Jamaica. (v. Oct. 11 and Dec. 18, 1717.) [C.O. 5, 189. pp. 334–375.]
Jan. 3.
Whitehall.
296. Council of Trade and Plantations to the Earl of Sunderland. Since our Representation of 21st Dec. etc., we have received the Act of Jamaica mention'd in the postscript, and find it lyable to the objection therein mention'd. We therefore humbly conceive it will be for H.M. service, that Sr. Nich. Lawes shoud receive the King's commands upon this subject before his departure. [C.O. 138, 16. p. 48.]
Jan. 4.297. Mr. Attorney General to the Council of Trade and Plantations. Report upon Act of Antigua, 2nd March, 1715, to prevent the encrease of papists and non-jurors in this Island and for better governing those who are already settled here. The end of which Act I apprehend is to remove all papists out of that Island, and to prevent others from coming there. For it recites that several papists are resident there, and others daily coming, who receive benefit of the Law, and protection, yet refuse to take such reasonable oaths and subscribe the declaration for securing their allegiance and fidelity as are required in Great Britain: In the first place, it requires all persons residing in that Island, or who should after come thither, being or when of the age of sixteen (except servants under covenant and feme coverts) who should not have taken the oaths, and subscribed the Declaration, since H.M. accession to the Crown, on notice given to take the oaths of Allegiance and Supremacy, and to subscribe the Declaration mentioned in the Act of 30th K. Charles II, and to take the oath of adjuration. And it lays all the penalties upon the refusers or neglecters thereof, which are laid in England by the Laws made in the times of King James Ist, King Charles IInd, King William and Queen Mary and King William, and carries the penalties further to remove them out of the country (altho' part of the title be for the better governing those already settled there). For it makes them incapable to exercise any place ecclesiastical, civil, or military, or to be an Assembly man, Vestryman or Churchwarden, or to serve on any Jury, or to be Executor, Administrator, or Guardian, or Agent to any person or persons whatsoever, or to give a vote in the election of Assemblymen, Vestrymen, Churchwardens, or in any other case, or to keep any arms, gunpowder, weapon or amunition, except allow'd for the defence of their houses, and persons by the Council, or to keep or ride a horse above the value of £20 current money of that country: And disables them to take by purchase or devise any lands, tenements or hereditamts. (negroes excepted) And they forfeit for their lives the profits of the lands they now have to their next Protestant kindred. And all persons are disabled to take or keep any popish servant or slave: and such papists are disabled to keep any shop, storehouse, tavern, punch-house or victualling-house, or to sell, contract for, dispose of, or utter any liquors, or other goods whatsoever: But the present Popish inhabitants are enabled upon taking the oath of allegiance and adjuration to keep their shops for a year and nine months and no longer. There is a clause, that nothing in the Act shall extend to Quakers, and a provisoe that conformity shall deliver from the penalties of the Act. Agst. the approving the said Act it hath been offered that all or most of the papists there are H.M. subjects, and that several of them have inhabited and settled there for thirty years, and were lately zealous in the defence of that Colony agst. the French, and that several of the preston rebels were transported thither by his present Majesty, and that the expelling of such out of that Colony, will very much weaken the same and force them to settle in, and thereby to strengthen the Dutch or French settlements in the West Indies, which may in time prove prejudicial to that Colony in case of a war with France or Holland. And the annex't affidavit hath been produced to me. As to most of the penalties, I have observed before, That they are the same as in England, upon papists; And I think it is very reasonable to keep such out of all offices and out of the Assembly, and from being Guardians to children etc. But I am of opinion it seems very hard to disable them to execute any trade, or to be Agents for other persons therein for that the same will amount to banish them out of that Colony. And I do most humbly submit it to your Lordspps. consideration whether it will be convenient to banish all Papists out of H.M. Plantations there being no Law like this (as I know of) pass'd in any other of H.M. Plantations, or whether it would not be more convenient to oblidge all papists to take the oaths of allegiance and abjuration and to deprive them of all offices and from voting in the elections of them, but to leave them at liberty to exercise their trades and to suffer them to enjoy their estates, behaving themselves with duty and allegiance to the Government, without oblidging them to take the oath of Supremacy or make the Declaration mentioned in the Act of 30th K. Charles II, which 'tis known no papist can take or make etc. I have also considered of an Act pass'd in Antigua Nov. 1716, for the erecting a new Church in St. Johns in the room of the present parochial Church and for raising a yearly reasonable tax for maintaining the same etc. By which Act it appears, that the present Church is too small and out of repair. Therefore provides for pulling down the same, and building one more large in the roome thereof, the cost whereof is to amount to £7408 7s. current money of that country, and is to be paid by the inhabitants of the said Parish, by five payments in the space of five years: and rules are made by the said Act for the assessing, levying and paying the same. And I have no objection in point of law against the said Act. I have also considered of an Act passed in Antigua in Feb. 1716, to quiet present possessors of lands, to limit actions, and avoid suits in Law; which Act takes notice that upon the settlement of that Island many persons took up great tracts of land, but did not improve, but departed from the same, so that the Island was in danger of being deserted, had not the Governor encouraged others to take up the said lands, by giving patents, warrants and grants for the same, which they thought was legal on failure of such non-setlers. Others purchased and after settling of the lands purchased, made great improvements thereon, and paid great taxes for the same, and suits are daily commenced agt. such settlers and purchasers. The bill provides for their ease, that all persons in possession and who were so for five years before the bill by vertue of any patent, warrant, grant, deed or any other lawful conveyance duly recorded, are confirmed in their right and title thereunto, and declared to have a good right to the same during the estate or estates granted by such patent, grant, warrant or other conveyance in writing, duly recorded, agt. all persons whatsoever; except such persons as should prosecute their title within three years after the date of the Act, or within three years after impediments removed, if the claimer be under age, marryed women, non compos mentis, or beyond sea, and all persons not claiming their rights within three years after the same shall accrue, are by the Act barred (except as aforesaid). And where suits shall be within the time mentioned in the Act, and there shall appear a good title for the plaintife, he is not to recover the land, but to have the value of it, to be assessed by the Jury who shall try the cause, if at Law, and if in equity the value to be ascertained by commission, which is not restrained to possessors at the time of the Act, but general; and the lands are to be valued with respect to the place where scituated, and the time when the person under whom the Defendt. shall claim first derived his title. The Act makes good all sales made by Treasurers or Churchwardens for publick or parochial taxes laid on such lands, pursuant to the Laws of that Island, and which were duly entred in the Book of the Treasurer or Churchwarden, altho' no deed of sale or conveyance be to be found on record for the same;—and altho' several circumstances required by the Act have been omitted to be done. But this clause is not to affect any lands, for which a suit hath been commenced in law or equity and depending at the time of the Act. And the Act does limit certain times for the bringing personal actions. Agst. the greatest part of which Act, I have no objection: But the Act seems to be unpresidented to put the King and his subjects on a level as to the time of claiming their rights. In England in the times of King Henry 8th and Queen Elizabeth several Acts of Parliament were made for confirming the Letters Patents of the Crown, but no Statute of Limitation of time for their suites. The Statute of the 21st of King James 1st agst. concealmts. made in England quieted possessors only where possession had been agst. the Crown for sixty years and the Crown had not been answered any rents, nor the lands duly in charge within that time, but there is no Act that limits the Crown to a time for commencing their suits. How far H.M. may be advised for the quiet of the Island of Antigua to confirm the present titles, if he shall not contest them within 3 years, as proposed by the Bill, is submitted. But I cannot think H.M. will be advised to put himself and successors for ever hereafter on the level with his subjects as to the time of commencing future suits. Therefore if H.M. will be pleased to confirm the present possessions (if he shall not think fit to contest them within the 3 years) I think for future rights the Act should be made to extend only to subjects suits. In the provisoe for persons under disability to sue, is omitted persons in prison, who ought to have had time allow'd them for commencing their suits after they should be delivered out of prison; and the right of suing ought in the Act to be express't to be for the person to whom the right should come, his heirs, executors or admors., within the time limited in ye Act. And the clause for recovering the value of the lands instead of ye land should be restrained to suits agst. the present possessors only, which may be reasonable, but it will be unreasonable for persons who shall have future rights to debar them from recovering the land and oblidge them to take the value thereof, wch. will be oblidging them to sell their lands, to possessors by wrong, agt. their wills. On the whole, I am of opinion, for the objections aforesaid, this Law is not proper to be approved but that an Act between subject and subject for the purposes in the Act, is reasonable, and necessary, and such Law with small alterations may be framed. As to the quieting present titles agst. the Crown, if H.M. shall be gratiously pleased to allow the same, it's proper to be done by an Act for that purpose only, and the repealing of this Law may be suspended till a new law may be pass'd not lieable to these objections. Signed, Edw. Northey. Endorsed, Recd. 7th Jan., Read 18th March, 1717/18 7¼ pp. Enclosed,
297. i. Deposition of Ambrose Lynch of Antego in America mercht. Some of the papists and non-jurors now dwelling on Antego, have lived there upwards of 30 years and behaved themselves with all obedience and submission to the Government etc. They assisted in the Expedition against Martinico and Gaudalupa and appeared in arms in defence of the Island as often as French ships appeared on the coast in the late war. The Act to prevent the encrease of Papists etc. would much weaken and depopulate the Island and lessen the trade there etc. The reputed papists and non-jurors are natives of Great Britain or Ireland. Signed, Ambr. Lynch Barth (sic) 3rd Jan., 1717(18). 1¼ pp. [C.O. 152, 12. Nos. 68, 68 i.; and 153, 13. pp. 252–264.]
Jan. 6.298. Governor Hamilton to the Council of Trade and Plantations. Begins with copy of letter of 7th Oct., 1717 (q.v.). Continues: The man of war came to me at Nevis the latter end of October which Island I left upon 4th Nov. and arrived the same day at St. Christophers from whence I sailed the 9th in order to visit the Virgin Islands as your Lordships had directed and landed upon the 11th upon the Island of Anguilla which is a long narrow Island so worn out that they can hardly subsist their families, for that reason a great many of the inhabitants are gone off and have settled upon Crabb Island etc. The next Island I went to was Spanish Town, the Island Capt. Walton talked so much off and informed your Lordships when I had the honour to wait at your Board that it was equal with Antigua or at least with any of the other four Islands; I could not then contradict that Gentleman but by hearsay I told your Lordships that I had always been informed that it was not capable to maintain 100 poor families, and now I must assure your Lordships that it is a great deal worse than it was represented to me, it being a pretty large Island but very mountainous and rocky, has not 2,000 acres of manureable land, little or no timber in it, and the land so worn out that the few inhabitants that are upon it (which are but 54 men as your Lordships will see by the inclosed list) and those have joined in a petition with the inhabitants of Tortola for liberty to settle upon Sancta Cruis or Saint Cruix, copy of which petition is here inclosed; From this last Island, I went to the Island of Tortola, which is also a pretty large mountainous rocky Island, a pretty deal of good timber upon it little level land in it, but has most of it been given away in great tracts under the great Seal of these Islands by my two last predecessours, not as I believe with intent to make a Settlement but for the sake of the timber for it is really not worth settling; an other little Island called Beef Island lyes just joining to it, the Channell not above a mile broad only fitt for boats to go through, has but two families upon it, St. Peters Island Mr. Walton talked of for the goodness of the harbour is a small barren Island and the harbour only fitt for sloops; The next Island I went to was the Island called St. Johns which is also a small barren mountainous Island hath a pretty deal of good timber upon it and an excellent harbour at the East end of it; all these Islands and a great many more small ones not worth mentioning and rocks innumerable lye as it were all in a cluster. From hence I went to the Island of St. Thomas where the subjects of the King of Denmark have settled upon and came to an anchor off the mouth of the Harbour having been informed that the Danes did not only come daily and cutt timber off of the several Islands belonging to our Great Master but even talked of making settlements upon some of them. I therefore thought myself in duty bound to send word by Captain John Marshall of Colonel Alexander's Regiment whom I sent on purpose to the Danish Governor with instructions (inclosed) to forbid them, and in case the Governor insisted upon it to let him know that the King of Denmark had no good title to St. Thomas it self which was done accordingly, but before he had my answer a ship came by, which a little Brittish sloop that had escaped her amongst the little Islands at whom he had fired three guns (the first under Brittish colours, which he lowered and then hoysted a white Ensign with the figure of a dead man spread in it) gave me an account that the said ship was a priate upon which we made a signall for Captain Marshall to come off which as soon as he did we went after said pirate believing her to be a ship of about 18 or 20 guns but could not get sight of her, she having as we believed turned up under the North side of that Island, we stood as far as the Islands called Passage to the Northward, Sunday the 17th we came about noon to Crabb Island where. I went a shore the day following. This is a long very level Island but one mountain in it at the South West end, and not high, well timbered and an excellent soyl, it's about nine leagues long, and in most parts about six or seven miles broad except at the East end, there is not above two or three mile broad for about seven or eight miles, it has a good harbour at the South side about a third down from the East end when once ships are in but the passage in is very narrow and ships must warpe out again except they have the wind far northerly this Island seems to be very fertile and excellent land, but then it is attended with this inconveniency that it lyes so near to the Island of St. John de Porto Rico that slaves upon the least disgust may easily waft over in either canoes or bark logs it being just to the Eastward of the center of that Island, the chanell shallow and not above three leagues over; From hence I went to the Island of Saint Cruis or Sancta Crois which lyes about 16 leagues to the Eastward of Crabb Island and about 10 leagues due South from St. Thomas, this is a very fertile Island somewhat more mountainous than Crabb, but most of the mountains not so high but that they are manureable almost to the tops, this Island is above 10 leagues long and in several places much broader than Crabb Island, it has at the West end a very fine large bay or road for shipping to ride and at the north side a pretty good harbour called the Basin where Captain Hume in H.M.S. the Scarborough did the last year destroy a pirate ship, besides several other roads. This Island had once some English settlers upon it, but as I am informed left it or were drove off in 1666, since that the French had a Settlement upon it, the mines of a great many of their houses are still to be seen and it abounds in a great many places with fruit trees, as oranges, lemmons, and lime trees, is plenty of timber and a great many wild cattle upon it, some of our men that were out shooting have seen forty and upwards of head of bulls, cows and calves in a drove, it is in some places pretty well watered, and I am informed it produced very good sugar. I think the soil very good. The French had an order from home in or about 1690 or 1691 to abandon that Island whether it was out of fear of a squadron of men of war and land forces we had then in this part and that had taken the Island of St. Christopher's and St. Eustatius from them or that it was to carry on with more vigor the settlement of Cape St. François upon the Island of Hispaniola I cannot inform your Lordships etc. Had the poor people of Anguilla, Spanish Town and Tortola, been provided for out of the conquered land of St. Christopher's, they would some time since have not only been a great strengthning to all the other Chief Islands but have by this time increased the revenue of the Crown for as they now are they are altogether useless, and so many men lost. Or if your Lordships shall think fitt to represent to H.M. that according to their prayer they might all at once remove and settle upon one of the two last Islands, and that they might have tracts of land allotted them under the Great Seal of these H.M. Islands to them and their heirs, they might in time become a profitable Colony to the Crown and be able to defend themselves; In my opinion Sainta Crois should be the island for these reasons. First that it is larger and I think the land of an equal goodness; secondly will by reason of its little hills more frequently draw the showers of rain; thirdly that it lyes farther to windward out of the way of the Spaniards who once in King James's time took off from Crabb Island the few that had settled there by commission from Sir Nathaniel Johnson, and kept them prisoners so long or rather made them slaves upon Porto Rico that few of them ever returned, but most of them perished among the Spaniards etc. Awaits their "Lordships direction herein which I hope will be soon the poor people of Anguilla and Spanish Town being in a starving condition, and are with great difficulty kept together; If H.M. should give directions for settling said Island or one of them and if leave could be given to the Dutch and Danes to settle amongst them I am informed a great many of the Dutch from the Island of St. Eustatia the Island Sabeott and the Island St. Martin's would immediately settle there and take the oaths, several of the inhabitants from St. Thomas and most or all the Brittish subjects that are settled upon that Island. In my turning up to windward we did see another pirate ship and a large sloop which we were informed when we came off of the Island St. Eustatius by a sloop sent express from St. Christopher's were two other pirates that had two days before taken some of the trading sloops off of that Island and sunk a ship loaden with white sugar etc. just under Brimstone Hill which they had taken under Guadaloupe shore. The ship is commanded by one Captain Teatch, the sloop by one Major Bonnett an inhabitant of Barbadoes, some say Bonnett commands both ship and sloop. This Teatch it's said has a wife and children in London, they have comitted a great many barbarities; The ship some say has 22 others say she has 26 guns mounted but all agree that she can carry 40 and is full of men the sloop hath ten guns and doth not want men; This gave the people of St. Christophers such just apprehensions of my safety in turning up from thence to Antigua that they moved it to me in Council to give them leave to impress and man a good sloop to attend the man of war to see me up, which was done accordingly and was put under the comand of one Col. William Woodrope an inhabitant of that Island who had on board 110 men. Indeed the man of war is so small as I formerly wrote your Lordships that in case he should meet by himself these pirates it would be exposing the Captain's character and perhaps be the loss of H.M. ship, I therefore humbly intreat your Lordships to represent this matter so as that a ship of 40 guns or at least one of 36 may be ordered to attend this station without which the trade of these Islands cannot be secured; This has been once represented to the Admiralty board but all that was done was that the Tryal was sloop as their Secretary writes was ordered for this station to reinforce the small ship that attends here, but the Tryal was then at Jamaica and believe is there still for I have heard nothing of her; Their Lordships may much sooner order a vessell from Brittain here than to turn up from that Island. On Friday the 20th of last month arrived the Scarborough man of war from the station of Barbados, had lost her topmast as soon as she was refitted. I ordered an officer and 20 men of the King's troopes to be put on board, the same number on board of the Seaford and are gone on the 21st in quest of the pirates who were by the last accounts I had at Sancta Cruis or thereabout" etc. Refers to enclosed affidavits, etc. Signed, W. Hamilton. Endorsed, Recd. 7th, Read 11th March, 1717/18. 5½ pp. Enclosed,
298. i. Deposition of Richard Joy, Master of the sloop New Division of Antigua, 30th Nov. 1717. This morning he was taken by two pirate ships and a sloop who said they belonged to Barbados and enquired what vessels were along shoar. They restored him to his sloop etc., keeping one of his men. Signed, Richd. Joy, his mark Copy. ¾ p.
298. ii. Deposition of Thos. Knight, belonging to the Mountserrat Merchant, Benjamin Hobhouse, commander, 30th Nov. 1717. On 29th Nov., seeing two ships and a sloop, and thinking one did belong to Bristol, and the other two to Guinea, he went in the long-boat to enquire for letters. They desired us to come on board, but seeing Death Head in the stern we refused it etc. They said they were bound from Barbados to Jamaica etc. They compelled us to go on board and asked about the guns and ships at Kingslale and Plymouth etc. We made Nevis. These and the ship they had taken out of Guardalupa spying some vessels in Nevis, and among the rest took one for the man of warr, they said they would cut her out, but the Captain being ill prevented it etc. Confirms preceding. They report the Captain of the pirates name is Kentish and Captain Edwards belonging to the sloop, and they report the ship has 150 men on board and 22 guns mounted, the sloop about 50 white men, and eight guns, and that they burnt part of Guardalupa, when they cut out the French ship. Signed, Thos. Knight. Copy. 1½ pp.
298. iii. Deposition of Henry Bostock, master of the sloop Margaret of St. Christophers, 19th Dec., 1717. On 5th Dec., off Crab Island, he met a large ship and a sloop. He was ordered on board and Capt. Tach took his cargo of cattle and hogs, his arms books and instruments. The ship, Dutch built, was a French Guinea man, 36 guns mounted and 300 men. They did not abuse him or his men, but forced 2 to stay and one Robert Bibby voluntarily took on with them. They had a great deal of plate on board, and one very fine cup they told deponent they had taken out of Capt. Taylor, bound from Barbados to Jamaica, whom they very much abused and burnt his ship. They said they had burnt several vessels, among them two or three belonging to these Islands, particularly the day before a sloop belonging to Antego, one (Robert) McGill owner. They owned they had met the man of warr on this station, but said they had no business with her, but if she had chased them they would have kept their way. Deponent told them an Act of Grace was expected out for them but they seemed to slight it. Among the crew was a nephew of Dr. Rowland of this Island etc. They asked whether there were any more traders on the Porto Rico coast, etc., and sent to look for them etc. They intended for Hispaniola to careen and lie in wait for the Spanish Armada that they expected would immediately after Christmas come out of the Havana for Hispaniola and Porto Rico with the money to pay the Garrisons etc. They enquired where Capt. Pinkethman was. Deponent said he heard he was at St. Thomas' with a commission from the King to go on the wrecks. He believes they had much gold dust on board etc. Signed, Henry Bostock. Nos. i.–iii. endorsed as covering letter. Copy. 2½ pp.
298. iv. List of the inhabitants of Anguilla, 22nd Nov., 1717. Men (names given) 97, women 154, children, 234. Negroes, 824. Same endorsement. 2 pp.
298. v. Petition of inhabitants of Anguilla to Governor Walter Hamilton. For several years Anguilla hath been attended with insupportable drowths, the land very poor and barren by means whereof not capable of production sufficient for the inhabitants thereof to subsist on; many of them ready to perish and starve for want of food, which we the said inhabitants to remove to the Island commonly called Crabb Island is here to endeavour to cultivate the same in planting necessary food for our relief and sustenance rather than utterly perish. Wherefore we the said inhabitants H.M. most dutifull and loyal subjects in most humble manner comends the premises to your Excellency's mature consideration and prays that your Excellency would please of your abundant goodness compassion to protect us in the quiet and peacable enjoyment of the said Island otherwise we must inevitably perish. Signed, Christopher Hodges, Benjamin Arundell, Peter Downing and 40 others. Same endorsement. Copy. 1 p.
298. vi. List of the inhabitants of Spanish Town, 18th Nov., 1717. 53 men, 60 women (names and nationality given), 204 children, 308 negroes. Same endorsement. Copy. 1 p.
298. vii. Petition of the poor inhabitants of Tortola and Spanish Town to Governor Hamilton. Whereas the Island of Tortola is patten'd by six or seven persons being granted by former Generals, the poor inhabitants having no land to live upon but sufferance and during their pleasure which causes petitioners to crave assistance from your Excellency, and the Island of Spanish Town being worn out and scarce produce subsistance for petitioners and their families, and whereas both Islands inform your Excellency of an Island called St. Croose which was formerly possessed and inhabited by the subjects of Great Brittain, and was commissionated, and now lies void; and as we are subjects to his most sacred Majesty King George of Great Brittain therefore your Excellency's poor humble petitioners desires the humble liberty of settling upon the Island of St. Croose as subjects of Great Brittain and shall ever remain, and defend the said Island against all manner of forreign Princes, and maintain the said Island in H.M. name etc. Signed, Charles Darcy, Joseph Hall, Peter Markoe, Patrick Conner and 80 others. Same endorsement. Copy. 1 p.
298. viii. List of the inhabitants of Tortola, 14th Nov., 1717. Men (names and birth places given) 37, women 34, children 88. Negroes 176. Same endorsement. Copy. 1 p.
298. ix. List of men able to bear arms on Crabb Island (names given) 46. Negroes 62. Same endorsement. Copy. 1 p.
298. x. Governor Hamilton's Instructions to Captain Marshal. To represent to the Governor in St. Thomas that His Excellency is informed that several of the subjects of the King of Denmark have not only presumed to cutoff timber from several of his Brittanick Majesty's Islands but also to give out that they did design to settle upon the Island of St. Johns or some other of H.M. Virgin Islands. You are therefore to signifie to the said Governour that he forbid any of the people under his Government either to cut timber or presume to settle on any of the Virgin Islands. In case he persists or seems to support the people in their pretentions you are to give him to understand that the King of Denmark hath no good title to St. Thomas it self. Your are to represent that his Excellency is informed that when any strays happen from any of the English Islands that the people in St. Thomas exact a third for salvage which is an unreasonable and unwarrantable salvage, which you are to represent to the Governor that he may see the same redressed. You are to represent the case of one Mr. John Phillip now in St. Thomas but a subject of the King my Master and to demand that justice might be done in the recovery of his just debts and that he may have liberty to transport himself and effects to any of his Britannick Majesty's Kingdoms or Dominions where he shall think proper without any lett or hindrance. Same endorsement. Copy. 1 p. [C.O. 152, 12. Nos. 67, 67 i.–x.; and (without enclosures) 153, 13. pp. 238–250.]
Jan. 8.
Whitehall.
299. Mr. Popple to Sir E. Northey. Encloses for his opinion in point of law two Acts of Jamaica, Aug. 1717, (1) for the relief of widows and orphans in relation to deficiencys, (ii.) for the more effectual punishment of crimes committed by slaves. [C.O. 138, 16. p. 49.]
Jan. 9.
Whitehall.
300. Council of Trade and Plantations to the Duke of Newcastle, Lord Chamberlain of H.M. Household. We are extreemly straitned for want of necessary conveniences in our Office, our papers and records which must be carefully preserved for H.M. service greatly encreasing every year: By which means we are now so far reduced for want of room, that we have no place for Gentlemen to wait in, whose business may oblidge them to attend our Board. Wherefore we would entreat your Grace, to apply to H.M. for his orders to build us one new room upon a piece of spare ground, adjacent to our Office and appertaining to H.M. which has already been surveyed by the Officers to H.M. Works and adjudged proper for that purpose. [C.O. 389, 37. pp. 143, 144.]
Jan. 9.
Whitehall.
301. Order in Council. Repealing Act of Jamaica for continuing an act to impose dutys on severall commodyties etc. Signed, Edward Southwell. Endorsed, Recd. Read 14th Jan., 1717/18. 1¼ pp. [C.O. 137, 12. No. 109; and 138, 16. pp. 53–55.]
Jan. 9.
Whitehall.
302. Order in Council. Repealing Act of Jamaica to impose duties on negros exported etc. and directing Instructions to be prepared for the Governor as proposed Dec. 21, 1717. Set out, A.P.C. II. No. 1278. Signed, Edward Southwell. Endorsed, Recd. 30th, Read 31st Jan., 1717/18. 3½ pp. [C.O. 137, 12. No. 113; and 138, 16. pp. 65–71.]
Jan. 9.
Whitehall.
303. Council of Trade and Plantations to Governor Sir N. Lawes. Among the publick papers lately receiv'd from Jamaica, there is an Act for the repairing, preserving and maintaining the wall of Port Royal being made use of as part of H.M. fortifications, passed 31st Aug., 1717, which we have considered, and do find, that this Act applies £150 per annum out of £1,250 appropriated by a former act to the use of the fortifications towards the maintaining, preserving and keeping in repair the wall mention'd. We also find by a report from a Committee of the Council and Assembly of 17th Aug., 1717, that almost all the fortifications of Jamaica are in a very ruinous condition. We desire you therefore upon your arrival in Jamaica to examine into the state of the sd. fortifications, and let us have a perfect account thereof that we may be the better able to judge whether this supply of £150 can be conveniently spar'd from the sum of £1250 already appropriated for the fortifications of that Island in general. Having likewise receiv'd from the Lords of the Admiralty the extract of a letter from Capt. Baltchin relating to an agreement made between him and Mr. Coleman for repairing the King's Naval Store House there; We inclose to you copies of the sd. papers, and desire that upon your arrival you will take care the sd. Store House be kept in constant repair, and that H.M. ships of war have all necessary accomodations therein, during their stay in that Island. [C.O. 138, 16. pp. 50, 51.]
Jan. 9.
Whitehall.
304. Mr. Popple to Mr. Burchett. In reply to Dec. 27th, the Council of Trade have written as in preceding concerning the storehouse in Jamaica. [C.O. 138, 16. p. 52.]
Jan. 9.
Whitehall.
305. Order in Council. Approving Commission and Instructions for Governor Woodes Rogers as proposed 21st Nov. and 11th Dec., 1717, with two verbal alterations. Signed, Edward Southwell. Endorsed, Recd. 30th, Read 31st Jan., 1717/18. 1¼ pp. [C.O. 23, 1. No. 9; and 5, 189. p. 376 (a); and 324, 33. p. 121.]
Jan. 9.
Whitehall.
306. Order in Council. Samuel Page is removed from the office of Deputy Secretary of Jamaica and all other offices of trust in the said Island, etc. Signed, Edward Southwell. [C.O. 324, 33. pp. 130, 131.]
Jan. 9.
Portsmo. in N. England.
307. Lt. Governor Wentworth to the Council of Trade and Plantations. This is the first opertunity since the arrivall of my Commisso. for Leiut. Gov. etc. in the roome of Mr. Vaughan, from whom I expect your Lordships has complaints lodged against me. I know that he can't make out anything against me worse, then that I am a man in trade, but I have and am calling it into a narrow compas etc. I faithfully promise to doe my utmost endeavours to doe all possible honnour to my King in the office I sustaine etc. The smuglin trade is ye least carried on in this Province as in any part of the country, for this seven years past, but indeed I must say I believe its in a great measur oweing to Mr. Armstrong our present Collector care, etc. Signed, Jno. Wentworth. Endorsed, Recd. 4th July, Read 9th Dec., 1718. Holograph. 2 pp. [C.O. 5, 866. No. 171; and 5, 915. pp. 161, 162.]
Jan. 10.
Whitehall.
308. Mr. Popple to Sir William Thomson. The Council of Trade and Plantations having had under consideration your report of the 18th Dec., have still some doubt upon that part which relates to the Massachusets Charter, because the granting part thereof seems to include the land in question, and therefore they have commanded me to send you a copy of your said Report and the Charter that you may please to reconsider the same etc. [C.O. 5, 915. p. 78.]
Jan. 10.
Whitehall.
309. Petition of Thomas Skerret, Nicholas Lynch, Cornelius Holleran, Peter Martin, James Fallon, and Henry Browne to the Council of Trade and Plantations. On behalf of themselves and other Popish inhabitants of Antego, object to Act to prevent encrease of Papists etc. as Jan. 4. q.v. Add:—If it be approved of, the Protestant inhabitants of the other Colonys as of Maryland, will on the least peek with any of their neighbours, who they know to be a non-juror, promote the passing such an Act as this etc. On hearing of this Act the Govrs. of Martinico and Gaudalupa made petitioners severall advantagious offers to come and settle among them, but being thorowly satisfied of the happiness they enjoy under his present Majesty, they are desirous to live under his gratious protection, unless banished by this law etc. Endorsed, Recd. 10th Jan., Read 18th March, 1717/18. 2 pp. [C.O. 152, 12. No. 69; and 153, 13. pp. 264–268.]
Jan. 10.310. P. Diharce and Bernardo de Guardia to the Council of Trade and Plantations. Pray for a speedy report on their petition of 10th Dec., 1717. Signed, P. Diharce, Bernardo de Guardia. ¾ p. Enclosed,
310. i. Petition of P. Diharce and Bernardo de Guardia, Agents of the Spanish master and owners of the Nostra Signora de Bethleem, condemned at Jamaica, to the Council of Trade and Plantations, Aug. 28, 1717. cf. 10th Dec., 1717. Signed as preceding. Endorsed, Recd. 28th Aug., 1717. 1 p.
310. ii. Manifest and bills of lading of the sloop Nostra Senora de Belem in her voyage from Vera Cruz to Havana. Translated from the Spanish. 130 pp. [C.O. 137, 12. Nos. 108, 108 i., ii.]
Jan. 13.311. Governor Sir N. Lawes to the Council of Trade and Plantations. Encloses following. Signed, Nicholas Lawes. Endorsed, Recd. 14th, Read 23rd Jan., 1717/18. 2 pp. Enclosed,
311. i. Observations by Sir Nicholas Lawes upon some Acts of Jamaica not yet confirmed. 1¼ pp. [C.O. 137, 12. Nos. 111, 111 i.]
Jan. 13.
Whitehall.
312. The Earl of Sunderland to the Council of Trade and Plantations. Encloses following for their report "whether it be fitting for H.M. to comply," etc. Signed, Sunderland. Endorsed, Recd. 15th, Read 17th Jan., 1717/18. ¾ p. Enclosed,
312. i. Petition of Lt. Col. Martin Purcel to the King. Lt.-Col. in Col. Philips' regiment and Lt. Governor of Placentia, petitioner was rewarded for his services in Spain, Portugal and the last rebellion by those offices. Being informed that the Governor of Antegoa is recalled, he prays for that appointment, etc. French. 1 p. [C.O. 152, 12. Nos. 59, 59 i.; and 153, 13. pp. 187–189.]