America and West Indies
February 1718, 1-15

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Institute of Historical Research

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Cecil Headlam (editor)

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1930

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168-186

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'America and West Indies: February 1718, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 30: 1717-1718 (1930), pp. 168-186. URL: http://www.british-history.ac.uk/report.aspx?compid=74035 Date accessed: 20 October 2014.


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February 1718, 1-15

Feb. 1.
Annapolis Royal.
340. Lt. Governor Doucett to the Council of Trade and Plantations. Encloses following. Signed, John Doucett. Endorsed, Recd., Read 22nd May, 1718. 1 p. Enclosed,
340. i. Address of Officers, soldiers and inhabitants of Annapolis Royal. Congratulate H.M. on his victory over the "fomenters of the late horrid and unnaturall rebellion" etc. "Your mild and unparrall'd administration can only proceed from yor. Majesty's inate goodness" etc. Return thanks for sending them Lt. Governor Doucett etc. [C.O. 217, 2. Nos. 48, 48 i.; and 218, 1, p. 355.]
Feb.1.
Custom ho., London.
341. Mr. Carkesse to Mr. Popple. In reply to 6th Dec., encloses Naval Officers' accounts from Boston, Salem and Marblehead, 1714–1717 etc. Signed, Cha. Carkesse. Endorsed, Recd. 1st Feb., Read 15th Oct., 1718. Addressed. 1 p. [C.O. 5, 867. No. 16; and 5, 915. pp. 220, 221.]
Feb.2.
St.James's.
342. Order of King in Council. Referring following to the Council of Trade and Plantations, who are to take Mr. Attorney and Sollicitor Generall's opinions thereupon, and report the same to this Board, together with what their Lordps. conceive H.M. may fitly doe therein. Signed, Robert Hales. Endorsed, Recd., Read 5th Feb., 1717/18. 1 p. Enclosed,
342. i. Petition of William Byrd to the King. The Judges of the General Court in Virginia have from the first settlement of that Colony had the sole cognizance of all criminall causes, except in some very few extraordinary instances, which jurisdiction was granted to them by letters patents, and confirmed by sundry acts of Assembly. Her late Majesty by her Instruction appointed two Courts of Oyer and Terminer to be held on the 2nd Tuesday in June and Dec. Which Instruction was sent with the gracious intention, that persons accused of any crime might be brought to a more speedy tryall: But whereas the Governor is by that Instruction enabled to appoint in the said Courts, what Judges he pleases without the advice of your Majestys Councill, whereby he will have the lives, the libertys, and estates of all your Majtys. good subjects in that Colony intirely in his power, and be able to defeat the settled jurisdiction of your Majtys. said Genl. Court, whenever he shall think fit, prays that by H.M. Instruction the Judges of the General Court may be appointed the Justices of the said Courts of Oyer and Terminer, except in cases of an extraordinary nature, etc. Copy. 1½ pp.
342. ii. Reasons why the Governor of Virginia shou'd not be impower'd to appoint what Justices he pleases etc. 1 p. [C.O. 5, 1318. Nos. 43, 43 i., ii.; and (without enclosures) 5, 1365. pp. 47, 48.]
Feb.3.
Whitehal.
343. Council of Trade and Plantations to the King. Having lately had occasion to look into some of the old laws of Virginia, we find two still in force which we humbly conceive to be of very ill consequence, and having had the opinion of your Majesty's Attorney General thereupon, we humbly take leave to represent that the 1st is an Act prohibiting the unlawful assembling of Quakers, etc. Described as Dec. 28th, 1717. Continue:—Upon which we beg leave to observe that shou'd this Act be put in execution it wou'd prove very injurious to that Colony by banishing from thence great numbers of industrious inhabitants, and an exemption from the like penalties being allow'd to Quakers in England by an Act pass'd in the first year of K. Wm. and Mary etc., We therefore humbly offer that your Majesty be pleas'd to signify your disapprobation and disallowance of the said Act of Virga. The other is an Act concerning foreign debts etc. (v. Dec. 28, 1717), which we humbly conceive unjust in itself and a hardship upon your Majesty's subjects here. And this Act having been several times pleaded as we have been inform'd in the Courts there in bar of very just actions, we humbly offer that your Majesty be likewise pleas'd to signify your disallowance of the said Act. [C.O. 5, 1365. pp. 44–47.]
Feb.3.
Whitehall.
344. Council of Trade and Plantations to Governor Hunter. Abstract. Acknowledge letters and refer to theirs of Sept. 4th, which will, they hope put an end to difficulties upon account of Mr. Cox. Have recommended for confirmation act about Quakers, and act repealing the act for ascertaining place of sitting. He will always have an opportunity of justifying himself. His answer to the petition of the traders of New Jersey is very satisfactory. Hope that he will be able fully to vindicate himself from Mr. Mulford's charges. Three members of Council have been appointed as he desired, but as there are no persons authorized on behalf of the Province or the persons appointed to be Councillor to pay the fees in the several offices there may be some delay in getting the orders and warrants dispatched. Ask for accounts of imports from Madeira and the Western Islands and for information of French activity on the Mississippi as No. 334. Do not find that Col. Ingoldsby's commission as Lt. Governor of New Jersey was revoked at the same time as his commission as Lt. Governor of New York. "You must therefore explain particularly, what grounds you had for saying Col. Ingolsby had no authority to pass those acts. We desire likewise to know what objections you have against such of the acts themselves as are not expired. We have received from Mr. Philips an affidavit to the truth of the copies of two letters writ by D.C. and Henry Joyce (v. Feb. 11) which we have transmitted to Mr. Secretary Addison to apprize him of the endeavours of your enemys to disturb you in your Goverment. There shall be nothing wanting on our parts to discountenance any such attempts against you." Set out, N.J. Arch., 1st Ser. iv. 335. [C.O. 5, 995. pp. 428–433.]
Feb.3.
Bermuda.
345. Lt. Governor Bennett to the Council of Trade and Plantations. On the 25th of Decr. I was honour'd with yor. Lordps. of 16th of May last via Barbados, with duplicates of yors. of 4th of Augt. 1715, and 30th of May, 1716, the originals of which have not come to hand. I should now have answer'd them if time would have permitted, but am prepareing to send by the way of Barbados when I shall write att large. Refers to letter and enclosures of 30th July last. Continues: There only remains to be sent the account relating to an imposition on trade, which was laid on for the building an house for me and succeeding Governors, which acct. I have directed the Collector of that tax forthwith to prepare in ordr. for yr. Lordps. etc. Haveing recd. some of H.M. Proclamations relateing to the pirates I on the 19th of Dec. last sent a sloop with them to Providence where they were accepted of with great joy, there being near 300 of them, and most agreed that in a little time they would come and surrender themselves to me, and added they were satisfied that others their consorts that were out a cruiseing, when they heard of the proclamations, would doe the like, soe that I hope it will have a happy effect: Capt. Henry Jennings one of them (who left off that way of liveing some months since) has arrived here who with seven others have surrendred themselves: The method I take on that occasion is to give a certificate to the person surrendring according to a copy herein inclosed which I hope is right, but presume a pardon must follow therefore desire directions therein etc. Signed, Ben. Bennett. Endorsed, Recd., Read 27th March, 1718. Holograph. 1½ pp. Enclosed,
345. i. Form of certificate issued by Lt. Governor Bennett to surrendered pirates, 1718. (v. preceding). Same endorsement. 1 p.
345. ii. Thomas Nichols, a pirate, to Lt. Governor Bennett. Returns thanks for his care in communicating H.M. Proclamation by Capt. Bennett, his only son. Some of us readily embrace the same etc. Providence, 10th Jan., 1717 (1718). Signed, Thos. Nichols. Same endorsement. Copy. ¾ p.
345. iii. F. Leslei, pirate, to Lt. Governor Bennett. Gladly accepts H.M. pardon etc. Signed, F. Leslei. Same endorsement. Copy. ¾ p. [C.O. 37, 10. Nos. 7, 7 i.–iii.; and (abstract of covering letter) 37, 24. p. 5.]
Feb. 4.
St. James's
346. H.M. Warrant for admitting John Parker to the Council of New Jersey, in the room of Hugh Hoddy, decd. Countersigned, J. Addison. [C.O. 324, 33. p. 131.]
Feb. 4.
St. James's
347. H.M. Warrant for admitting Peter Fretwell to the Council of New Jersey, in the room of Elisha Parker deceased. Memorandum. [C.O. 324, 33. p. 132.]
Feb. 4.
St. James's
348. H.M. Warrant for admitting John Wells to the Council of New Jersey in the room of George Deacon, by reason of his great age and infirmity become incapable of that employment. Memorandum. [C.O. 324, 33. p. 132.]
Feb. 4.349. Mr. Mulford to the Council of Trade and Plantations. Prays for report upon his petition, referred to them 14th March, 1715 etc. Signed, Saml. Mulford. Endorsed, Recd. 11th, Read 12th Feb., 1717/18. 2 pp. [C.O. 5, 1051. No. 50.]
Feb. 5.
Whitehall.
350. Council of Trade and Plantations to Mr. Secretary Addison. Report upon petition of Don Bernardo de Guardia and P. Diharce (v. 15th June, 1717). We cannot conceive how they shoud be reliev'd by H.M. against that sentence, (i.e. of the Court of Admiralty in Jamaica condemning the Nostra Senora de Bethlehem) but by the common course of law; much less can we take upon us to ascertain the value of the ship and cargo, this being more properly the province of a Court of Judicature, where both parties may be heard by their Council, and produce their sevl. proofs etc. We cannot say what the petitioners' view may have been in making this extraordinary application to H.M.; But as we observe that their pretence for so doing is that they coud not obtain redress in Jamaica; We must take notice, that they have been very deficient in the proofs of this allegation in their petition; and that on the contrary it dos appear to us, that upon complaint made against this sentence in the Court of Admiralty by the persons concernd to H.M. then Governor the Lord Archd. Hamilton, he dispensd with the common forms in their favour, received their appeal, and did appoint a Court of Delegates to reexamine the cause in order to reverse that sen tence, if it shoud not have been justly founded, as appears by a copy of a Commission under the broad Seal of the Island for that purpose; It is likewise evident that his Lordp. was so far inclind to do justice to the Spaniards on this occasion, that being a part owner in the ship that had taken the Belandra, he did not only deposit his own share of the prize as thinking the same illegal, but did likewise oblige the other persons concern'd, as well as those that had been security for the captors' just and legal behaviour in that voyage, to enter into recognizances, whereby as far as in him layd he did secure very considerable summs towards making good the damages complain'd of by the Spaniards to the great satisfaction of Don Juan del Valle, who was impowerd by the owners of the prize to sollicit this affair. By what motives the partys concern'd in this dispute have since my Lord Archibald's removal from the Govt. of Jamaica, been induc'd to put this mater into a new method and rather to apply in this manner to H.m., than to pursue their right in the ordinary course of Law: we shall not determine, but certain it is, that however unjust and partial, that sentence in the Court of Admiralty in Jamaica may have been, it must and will remain in full force, till it shall be reversd upon a regular appeal, wch. woud intitle the Petrs. to the sevl. sums deposited and secur'd for their use by the Lord A. Hamilton; and if they shou'd fall short of the just demand it woud then be time enough to apply to H.M. for further redress; But even in that case it might first be reasonable to consider of some methods for obtaining repara tion for the many and great losses H.M. subjects have sustain'd in those seas by the Spaniards, a list whereof presented to us by the merchants trading to those parts; we have hereunto annexd, desiring you woud be pleasd to lay the same before H.M. that he may be graciously pleasd to give the proper orders to His Minister at Madrid to apply to that Court in behalf of the persons aggrievd. [C.O. 138, 16. pp. 72–76.]
Feb. 6.
Annapolis Royal.
351. Lt. Governor Doucett to the Council of Trade and Plantations. Encloses following. Continues:—I hope your Lord ships will take such measures as may prevent the like for the future, which might easyly be done were there three, or four sloop's of four, or six guns each etc., to cruize between the Gutt of Cancer, and Mount Desart, in the Bay of Fundy. Likewise up the Bay to prevent the smugling traders etc. (No. ii.). I have granted their request they haveing made it apear that they should only be the sufferers, haveing made provision for the fishing season of this year before i arrived. I have wrote to the French att Minis and to the Preist, to advise him not to influence the inhabitants against doeing their duty in swearing alegiance to H.M. etc. P.S This place wants extreamly a proper officer to decide controversy's arriseing upon seizure's made by the Collectr. of this Port. Some haveing lain four or five year's, for want of a person to judge in that affair, which is a greivance to the subject, and loss to H.M. Signed, John Doucett. Endorsed, Recd. Read 22 May, 1718. 2 pp. Enclosed,
351. i. Capt. Southack to Lt. Governor Doucett. Boston, Jan. 9, 1718. Here is come Mr. John Hinshaw and Capt. Giles Hall, from makeing their fishing voyage att Cape Cancer etc. They say there came over from Island Bretton a great many French Commanders of ships with their men, and shallops, to make a fishing voyage att Cape Cancer, and the Islands adjacent for five leagues westward, in the territories and dominions of Nova Scotia, and carried off about 20,000 quentalls of cod fish, which is contrary to the Articles of Peace att Utrecht etc. Quotes Articles 12–14. Continues: Severall French familys are come to Cape Cancer and place's adjacent without takeing the oath of alligence. Fort St. Lewis and the boundaries there belonging which is to Cape Cancer and west five leagues to White Head I took in 1690 and lost a great many men in takeing of it; I hope it would be given to the capter's or some part of it, as my gracious Sovereign will and pleasure will be etc. There is a French man his name is Le Sone he is come over from Cape Breton to Cape Cancer, and there has built him a house and stage for fishing tho he has been an inhabitant att Annapolis Royal, and they know him to be a very great rogue, and now att Cape Cancer makes all the mischeif he can against the interest of the English. Signed, Cyprian Southack. Endorsed as preceding. Copy. 3 pp.
351. ii. Address of Inhabitants and Merchants of Annapolis Royal to Lt. Governor Doucett. Annapolis Royall, Feb. 5, 1718. Since the reduction of this place there never hath been any regulation nor notice taken of the commerce of this Colony which dayly improves and is perhaps (considering the hardshipps wee have heitherto been under) in as faire a way of flourishing as any other of H.M. Plantations etc. provided that some artickles may be removed etc. The trade cheifly consisting in furrs, fish, and grain, there have been butt some small quantitys lawfully exported, whereas if a proper method could be taken to hinder the clandestine trade carried on by some from New England, Cape Bretton, and Canada, who never come either to enter or cleare at this port etc., the product of the Country would not only appear considerable more, butt encourage those very smuglers and other English people to settell the pleace for the benefitt of the trade. For the want of Englishmen wee who are the first inhabitants, have not only already suffered very much butt must labour under some other unsupportable inconveniences, if our former priveledge of employing the French inhabitants in our fishing vessells, or to have any commerce with them is to be abridged, which will certainly terminate in our ruin etc. For at the end of every fishing season wee are obliged to be at great expence for the ensuing year which wee had most partly don before your arrival here, besides the great charge of keeping men on wages for that purpose which wee were induced to doe by our past libertys and encouragement from the Surveyor General, Caleb Heathcote (quoted). Pray to be allowed to continue employing French fishermen of the Colony to go out in their bottoms until Governor Phillips shall arrive and decide etc. Signed, Will Wright and 13 others. Endorsed as preceding. Copy. Torn. 1 large p. [C.O. 217, 2. Nos. 49, 49 i., ii.; and (without enclosures) 218, 1. pp. 356, 357.]
Feb. 6.
Annapolis Royal.
352. Lt. Governor Doucett to Mr. Popple. I was extream sorry to leave London without takeing my leave of you etc. Urges request for three or four sloops to prevent the French from fishing and the smugling traders, which would be cheaper and more effective than one man of war etc. P.S. Mr. Wright and I often drink yr. health, who is worthy the recomendation of Mr. Pople. Signed, John Doucett. Endorsed, Recd. Read 22nd May, 1718. 1¾ pp. [C.O: 217, 2. No. 50; and 218, 1. p. 358.]
Feb. 6.
St. James's.
353. H.M. Instructions to Woodes Rogers, Governor of the Bahama Islands. v. No. 220 ii. Signed, G.R. [C.O. 324, 33. pp. 127–129; and 5, 189. pp. 381–383.]
[Feb. 7.]354. Jeremiah Dummer, Agent for New England to the Council of Trade and Plantations. Several persons having engag'd in a design to employ Agents in New England for the catching and curing sturgeon, have petition'd H.M. for a patent for importing it to Great Britain exclusive of all others etc. Such a monopoly is contrary to the natural and common rights of all H.M. subjects, besides that it would prejudice the trade itselfe, and be very injurious to the people of New England, who have labour'd in the catching and curing this fish for above 60 years past. Prays to be heard before such petition is reported upon. Signed, Jer. Dummer. Endorsed, Recd., Read 7th Feb., 1717/18. 1 p. [C.O. 5, 866. No. 135.]
Feb. 7.
Whitehall.
355. Mr. Popple to Sir W. Thomson. Requests reply to 10th Jan. as soon as possible etc. [C.O. 5, 915. p. 81.]
Feb. 7.
London.
356. Governor Sir N. Lawes to the Council of Trade and Plantations. I being upon the point of embarking for Jamaica, I beg leave to observe how wrong soever it was in the Legislature of Jamaica to lay a higher duty on the South Sea Company's negros re-exported than any others H.M. subjects, or how right soever it may be thought here, that no duty at all should be laid upon them. Yet I foresee with great concern that the Assembly may, and I fear will think their rights, and long accustomed liberties invaded by any restraint which shall be laid upon them by the Sovereigns limitting them what they shall, or shall not levie, or raise the aids demanded of them for publick service. And as the Assiento contract being in the hands of the South Sea Company is believed by the people of Jamaica to be many ways injurious to the commerce, and prejudicial to the planting interest of the Island, and consequently, say they of less advantage to the Mother Kingdome, I apprehend their being of that opinion, and so restrained in favour of the South Sea Company will contribute very much to their obstinate insisting upon that supposed right, and property of levying money for the support of H.M. Government upon the commerce, and trade of the Island without limitation. There are several matters in my Instructions, by which I am to move the Assembly to make provision for, as subsistance for the Independant Companies, paying the debts etc. Wherefore I humbly represent that as those things have not been obtained without their difficulties, and sometimes rejected even to a want of duty in former Assemblies, those people, who have been too willing, without such provocation, to obstruct the King's interest, tho' in truth 'tis the Countries, may take occasion to revive their opposition and make it popular from these limitations. I fully resolve to obey my Instructions with the utmost exactness etc. I hope your Lordships will consider that the groce produce of Jamaica, yearly imported into England is not less than 6 I believe £700,000, of its native product, and capable of great improvements. Besides the private trade (which is now almost lost) use to bring into England between 2 and £3,000 a year in ps. 8/8 silver, and gold. Suffer me to remind your Lordships that the standing revenue of Jamaica is not above £4,000 a year and the law that settles the same expires in about 8 years. The first charges, and contingent expence of the Government is seldome less than £6,000 a year. If the Assembly refuse or delay to grant the Additional Duty Bill, I hope I may without offence ask your Lordships what measures must I take to support that Governmt. with honour, and safety, etc. Signed, Nicholas Lawes. Endorsed, Recd. 7th, Read 10th Feb., 1717/17. 2½ pp. [C.O., 137, 12. No. 114; and 138, 16. pp. 76–81.]
Feb. 7.
Jamaica.
357. Peter Heywood, Commander in Chief of Jamaica, to the Council of Trade and Plantations. No ship or vessell hath sayl'd from this Island, since my last of the 21st Dec., nor hath anything of moment offer'd for me to write yor. Lordships, onely that Capt. Durell of H.M. sloop Swift, show'd me H.M. royall Proclamation of pardon, to the pyrates together with the Instructions he had reced. from the Admiralty Board, upon receipt of which, I forthwith sent out two vessells in quest of them, by advice of the Councill, one of wch. came up with Hornigold, and one or two more his consorts, who sent me their resolution in the inclos'd copy, and wth. it came in six of them, who told me their consorts would doe the same in a little time, but not haveing since heard from them I doubt the performing of their promise. I have sent another wch. I wish may have the good effect H.M. intends. Signed, Peter Heywood. Endorsed, Recd. 18th, Read 22nd April, 1718. 1 p. Enclosed,
357. i. [Capt. Hornigold and other pirates] to Peter Heywood, C. in C. of Jamaica. Wee embrace H.M. act of grace and return H.M. our hearty thanks for the same etc. 1 p. [C.O. 137, 13. Nos. 5, 5 i.; and (without enclosure) 138, 16. pp. 110, 111.]
Feb. 8.
Antigua.
358. Governor Hamilton to the Council of Trade and Plantations. Encloses depositions made against Thomas Morris etc. "whom I have suspended by the unanimous advice of the Lt. Governr. and the rest of the Councill." Refers to enclosed Minutes and asks for "H.M. pleasure thereon pr. first opertunity." Continues:—The conduct of Coll. Morris in many other respects are not verry becomming a member of that board. He is frequently engaged in broils and quarrells, most of which are occasioned by his abusive language, and ill behaviour, as your Lordships may be informed by most transcient men, and masters of ship's that use the trade of this place, and particularly by one William Tudor Commander of the Warner friggott belonging to London, whom he beat and abused in a most cruell manner without any just provocation. His authority as a magistrate he has also verry ill used, and particularly in ordering and appointing one King master of a merchant ship now here to act as a constable, and to take a poore woman from her house carry her on board his vessell and to duck her, and that even without any conviction or tryall (as I can hear) for the crime lay'd to her charge, for refusing of which he insulted and abused the saied Master, so that upon the whole I must say I think him very unworthy of the honour that has been conferred on him by H.M. in appointing him one of the members of his Councill for this Island. It is with great unwillingness that I at any time take on me to do, or say anything to the disadvantage of any person either in his interest, or character. But the behaviour of Coll. Morris is so notorious, that I think I should be wanting in my duty to H.M. if I had omitted suspending of him etc." Asks for their Lordships' opinion. Continues:—By the death of Coll. Oliver the suspension of Coll. Morris and the absence of foure other members, who are at present in Britaine, there are but five members besides the Lieutenant Governour now on the Island, so that at the next meeting of the Councill I intend Coll. John Gamble as a member of that board. He is a gentleman that has served as an officer in several expeditions against H.M. enemies in these parts, and withall has had the honour to command as an officer of the Militia in this Island for many years, during all which time he worthily discharged his duty in the severall posts he enjoyed. He was also Chiefe Justice of the Island for some time, but for want of health he resigned the same. But whilst he continued in that station he behaved himself with great honesty and integrity, so that I hope your Lordship will represent him to H.M. as a person worthy to serve him in that station; his zeal and affection for H.M. Government and the Protestant succession in his illustrious House is beyond all dispute and his estate not inconsiderable amongst us. The vessell by which this is intended touches here by accident so that I must crave leave untill next opertunity for answering your Lordship's letters of 4th Oct. etc. I have caused the ould Great Seal to be broake in Council and shall take care to transmit the same to your Lordship's by the next opertunity etc. Signed, W. Hamilton. Endorsed, Recd. 29th March, Read 3rd April, 1718. Holograph. 2¾ pp. Enclosed,
358. i. Minutes of Council, Antigua, Feb. 3, 1717. Depositions of Samuel Parker, Robert Glover, Robert Jacobs, and Jonathan Martin, and proceedings relating to the suspension of Col. Thomas Morris etc. Deponents state that Col. Morris said to his coachman, "If I tell you to take His Majesty by the coller and beat him, you are to do it" etc. Same endorsement. 4 pp. [C.O. 152, 12. Nos. 70, 70 i.; and (without enclosure) 153, 13. pp. 270–274.]
Feb. 8.
Antigua.
359. Thomas Morris to the Council of Trade and Plantations. Refers his suspension to their Lordships. If the words alleged against him were true, which they are not, they would not be of weight to justify his suspension. The deponent Richard Glover, cooper, (No. i. preceding) was fined for speaking scandalous words against present Government, and approved the murder of General Parke etc. Signed, Thomas Morris. Endorsed, Recd. 31st March, Read 3rd April, 1718. Addressed. 1 p. Enclosed,
359. i. Deposition of Elizabeth Abraham, wife of Philip Abraham, of Antigua, 4th Feb., 1718. On 9th Jan. at the house of Nathaniel Wickham Thomas Morris expressed his anger with Capt. (Edward) Ting who had refused to act as a Constable at his bidding upon occasion of a disturbance in the street, but he did not speak the words alleged by Glover (supra). Signed, Eliz. Abraham. Endorsed, Recd. 31st March, Read 3rd April, 1718. 1 p.
359. ii. Deposition of Thomas Mountain, coachman to Mr. Morris. 4th Feb., 1718. Confirms preceding. Signed, Thomas Mountain, his mark. Same endorsement. 1½ pp.
359. iii. Deposition of Timothy Keefe. As preceding. Signed, Timothy Keefe. Same endorsement. 1½ pp.
359. iv. Deposition of Mary, wife of Nathaniel Wickham. As preceding. Signed, Mary Wickham. Same endorsement. 1 p.
359. v. Deposition of John Wickham. As preceding. Signed, Jno. Wickham. Same endorsement. 2 pp.
359. vi. Deposition of Nathaniel Wickham. As preceding. Signed, Nathll. Wickham. 2 pp.
359. vii. Deposition of Samuel Parry. As preceding. Signed, Samuel Parry. Same endorsement. 1 p.
359. viii. Deposition of Phillip Abrahams (Abram). As preceding. Signed, Phillip Abram. Same endorsement. 1½ pp.
359. ix. Deposition of Richd. Chapman. As preceding. Signed, Richd. Chapman. Same endorsement. 2 pp.
359. x. Deposition of Benjamin Rawleigh, Surgeon. Confirms preceding. Signed, Benja. Rawleigh. Endorsed as preceding. 1 p.
359. xi. Copy of interrogatories exhibited to Mr. Robt. Jefferson, Planter, by Tho. Morris and Saml. Parry, Justices of the Peace, by virtue of a General Commission granted by Governor Walter Douglas, Jan. 28, 1711/12. Witness admitted he was in arms on the occasion of the murder of Governor Parke. Since the arrival of H.E., Richard Glover told him that he beleived they had done a good action and that if twas to do again he would do it, meaning killing ye Generall. Same endorsement. 1 p.
359. xii. Deposition of Elizabeth, wife of John Wickham. As No. i. Signed, Eliz. Wickham. Same endorsement. 1 p. [C.O. 152, 12. Nos. 71, 71 i.–xii.; and (without enclosures) 153, 13. pp. 274–278.]
Feb. 9.
Councill Chamber, Whitehall.
360. Order of King in Council. Referring following to the Council of Trade and Plantations for their report. Signed, Edward Southwell. Endorsed, Recd. 19th, Read 20th Feb., 1717/18. 1 p. Enclosed,
360. i. Lords Proprietors of Carolina to the King. St. James's, 12th July, 1717. Recommend the proposal of Sir Robert Montgomery to carry over several families at his own expence and settle and fortify the most southern part of Carolina as a separate Government, he to be governor for life etc. Pray H.M. approbation of him as Governor etc. v. A.P.C. II. No. 1285. Signed, Carteret Palatin, J. Bertie for D. of Beaufort, Fulwar Skipwith for Lord Craven, M. Ashley, J. Colleton, J. Danson. Copy. 2 pp. [C.O. 5, 1265. Nos. 90, 90 i.; and (without enclosure) 5, 1293. p. 136).]
Feb. 9.
Whitehall.
361. Order in Council. The Council of Trade and Plantations are to prepare forthwith such Instructions to be sent to the Governors of H.M. Plantations as they shall think proper; and particularly to St. Nicholas Lawes Governor of Jamaica, to enquire into the pyracy's complained of by the Spaniards, and to do what in him lyes to procure them satisfaction; and present the said Instructions to this Board to be approved. Signed, Edward Southwell. Endorsed, Recd. 14th, Read 17th Feb., 1717/18. 1 p. Enclosed,
361. i. Copy of No. 201. 2¾ pp. [C.O. 137, 12. Nos. 115, 115 i.; and (without enclosure) 138, 16. pp. 82, 83.]
Feb. 9.
Whitehall.
362. Order in Council. Confirming grant of estate of Anna Kupius in Jamaica to Edwd. Pennant and Anthony Swimmer (v. Oct. 16, 1717). Signed, Edward Southwell. Endorsed, Recd. 24th, Read 25th Feb., 1717/18. 1 p. [C.O. 137, 12. No. 117; and 138, 16. pp. 84, 85.]
Feb. 9.
Whitehall.
363. Order in Council. Confirming Acts of Jamaica, (i.) for regulating fowling and fishing, (ii.) for the better securing the interests of orphans and creditors etc., past in 1711, (iii.) for preserving the publick records, 1712, (iv.) for the more easy serving of Constables, 1716. Signed and endorsed as preceding. 1¼ pp. [C.O. 137, 12. No. 118; and 138, 16. pp. 85–87.]
Feb. 9.
Whitehall.
364. Order in Council. Approving Representation of 23rd Oct., 1717, and repealing Acts of Jamaica, (i.) Declaring what persons shall be qualifyed to sitt in Assemblys (1711); (ii.) to prevent hawking and disposing of goods clandestinely (1711); (iii.) to disenable any Member of the Council, or of the Assembly from acting as Commissr. for receiving any publick money raised or to be raised by the Govr. Council and Assembly etc.; (iv.) to oblige the sevl. inhabitants to provide themselves with a sufficient number of white people etc. (1716); (v.) to encourage the bringing over of white people etc. (1716); (vi.) to repeale an Act for the better securing the estates and interests of orphans and creditors (1716); (vii.) for granting a further relief in relation to proving of wills etc. (1716); (viii.) to secure the freedom of elections etc. (1716); (ix.) to prevent any one man to hold two or more offices etc. (1716). Mem. The Acts to encourage white men to settle (1712), and for the effectuall discovery of disaffected persons etc. (1716) were read, and postponed. Signed and endorsed as preceding. 3 pp. [C.O. 137, 12. No. 119; and 138, 16. pp. 87–91.]
Feb. 9.
Whitehall.
365. Order in Council. Removing Samuel Page from the office of Depty. Secretary of Jamaica, and from all other offices of trust whatsoever in the said Island (v. 24th Oct., 1717). Signed and endorsed as preceding. 1 p. [C.O. 137, 12. No. 120; and 137, 46. No. 29; and 138, 16. pp. 91, 92.]
Feb. 9.
Whitehall.
366. Order in Council. Referring representation of the Council of Trade and Plantations upon the petition of Wm. Cockburne (v. Jan. 23) to the Committee for hearing appeals from the Plantations for their opinion thereon. Signed and endorsed as preceding. 1 p. [C.O. 137, 12. No. 121; and 138, 16. pp. 92, 93.]
Feb. 9.
Whitehall.
367. Order in Council. Approving Representation of 18th Sept., 1717, and ordering the Governor of Jamaica to move the Generall Assembly in H.M. name to reimburse James Knight £620 with the usual interest of the Island, as therein proposed. Signed and endorsed as preceding. 1 p. [C.O. 137, 12. No. 122; and 138, 16. pp. 93, 94.]
Feb. 9.
Councill Chamber, Whitehall.
368. Order in Council. Referring following to the Council of Trade and Plantations for their report. Signed, Edward Southwell. Endorsed, Recd. Read 24th Feb., 1717/18. 1 p. Enclosed,
368. i. Petition of Churchwardens, Vestry and Parishioners of St. Philips, Antego, to the King. In pursuance of an Act of 1692 for dividing the Island into parishes etc., the then vestry took up land in Willoughby Bay and purchased ground in Bellfast whereon, respectively, a commodious church and a chapel of ease have been built etc. A certain late Vestry of the Parish not considering the poverty or ease of the parishioners and without conveneing them did order that a new parish church should be built and that upon a peice of ground given by John King, which is within one mile of the utmost extent of the said parish (which is 9 x 6 miles) and inaccessible for four months in the year by reason of the flouds of water etc. The said Vestry perceiving that the same order was disapproved of by the succeeding and present Vestry and upwards of three fourths of the parishioners in respect of the scituation and the inability of the parish to undertake so great a building and the view that that order had of suffering the said Church and Chappell of Ease to go to decay etc., did privately apply to the Assembly etc., and thereupon an Act was passed to endempnifie Anthony Browne and John Eliot from a bond and agreement with George Pullen, Carpenter, for the building a Church in the parish of St. Philips and to charge the said parish with the same [etc.] which enacts that the Church be erected on the ground given by John King etc., and be esteemed the parish church etc. There is no need for such, as the Act pretends, the present church and chapel being in good repair and each of them sufficient to accommodate the whole of the parishioners etc. The proposed site is at no time convenient for any but those that made that order. Pullen would have acquitted them from the agreement, but they refused. Pray H.M. to refuse assent to the Act etc. Signed, William. Yeomans and 67 others. Copy. 77 pp. [C.O. 152, 12. Nos. 63, 63 i.; and 153, 13. pp. 217–224.]
Feb. 9.
Whitehall.
369. Order in Council. Approving representation of 24th Jan. (q.v.), and ordering that a copy of Christopher Stoddard's petition be transmitted to Governor Hamilton and James Miliken, who are to return their answer in writing etc. No signature. Endorsed, Recd., Read 19th June, 1718. 1¼ pp. [C.O. 152, 12. No. 94; and 153, 13. pp. 315, 316.]
Feb. 10.
Bloomsbury Square.
370. George Trenchard to the Earl of Sunderland. Encloses following. Petitioners have done a signal service to H.M. and their country by stopping a very great encroachment of the French on our Newfoundland trade, etc. Signed, Geo. Trenchard. Addressed. Sealed. 1 p. Enclosed,
370. i. Petition of Ambrose Weston and William Cleeves to the King. Pray that their expenses for proceedings against Toulon la Gallantré (Ollivier Tulon), may be defrayed out of the money remitted from Bilbao for his seized fish, etc. Poole, Feb. 1st, 1717(18). Signed, Ambrose Weston, Wm. Cleeves. 1 p. [C.O. 194, 23. Nos. 28, 28 i.]
Feb. 10.
Annapolis Royal.
371. Lt. Governor Doucett to the Council of Trade and Plantations. Encloses following replies received that morning. (v. 6th Feb.) Continues:—Some of the cheifs of the Indian's have been wth. me to tell me, that if wee expected them to continue our freind's, they expected presents yearly from H.M., as they allway's receiv'd when this country was in the hands of the French King. I promised I would writte to Great Brittain about it etc. Their is no mean's better then presents to gain them to our intrest, and keep them from goeing to Cape Breton and Canada, where they have still presents if they will goe for them etc. These place's being so farr off, I beleive they would not undertake such journey's were they taken notice of by us, etc. There is nothing but presents can ever wean them from their punctuall obedience, to the French preist's that are amongst them, for the generality of the Indian's would be sway'd more by the beneffitts they receive in this world, then trust to all benefitts their preists can tell them, they will receive in the next. My Lords, if the Indian's could be gaind and this place settle'd, Great Brittain would reap ten time's the advantage that it can now, for the French gett allmost all the furrs and pelltry of the country, and send it away to Canada, and Cape Breton etc. Signed, John Doucett. Endorsed, Recd., Read 22nd May, 1718. 2 pp. Enclosed,
371. i. Lt. Governor Doucett to Père Felix, the Preist at Minis. Annapolis Royal. Dec. 4, 1717. Being no master of the French tongue, I have wrote to Mr. Mellanson, what I have in command from the King my Master, concerning the French inhabitants of this country, and hope they will be so wise etc. as to acknowledge his sovereignty by swearing allegiance to him, and thereby secure to themselves, and heirs, their Religion, estates, and the unparalleld liberty, and privilidges of Brittish subjects. I desire you after Mr. Mellanson has translated the paper inclos'd to him, to publish it, and hope you will give countenance to it, since their is nothing in it to disturb them in their Religion etc. I must allso desire your concurrance wth. Mr. Mellanson, concerning the sloop att Maganshish. Signed, J. Doucett. Same endorsement. 2 pp.
371. ii. Same to Mr. Melanson att Minis. Dec. 5, 1717. Prays him to translate and publish enclosed for the inhabitants to sign etc., and acquaint them, that I have a positive command nott to let any of the inhabitants trade or fish on the coast of Nova Scotia, without first declareing themselve's subjects to King George, who is, God be prais'd, as firm, and fixt in the Throne of Great Brittain, as ever Lewis the 14th was in the French Throne etc. I must allso recommend to your care a sloop that was cast on shore at Maganshish, the owner intending in the spring to fetch her etc. Signed and endorsed as preceding. Copy. 1½ pp.
371. iii. Peter Mellanson to Lt. Governor Doucett. Minis, Jan. 25, (? n.s.) 1717/18. Father Felix read your letter to all the inhabitants that could be got together. Father Felix will write to a Frenchman and his family living near La Hanne concerning the wrecked sloop etc. Signed, Peter Mellanson. Same endorsement. ½ p.
371. iv. French inhabitants of Minnes to Lt. Governor Doucett. Reply to No. i. Feb. 10, 1718. The bad weather and roads have prevented us from assembling in the outlying country. We pray you to grant us time so that we may assemble the whole Colony in order to decide. We cannot sign the oath of allegiance enclosed in your letter in the form presented to us, for three reasons (i.) that it does not sufficiently guarantee the liberty of our religion, (ne s' estant pas assez sur la liberté de nostre religion etc.) as has always been promised us, (ii.) if we did so, we should expose ourselves to the rage and fury of the Indians, and (iii.) because when our ancestors were under the English rule, such oaths were never exacted from them etc. Signed, Pierre Terriot and eight others. Same endorsement. French. 1 p. [C.O. 217, 2. Nos. 51, 51 i.–iv.; and (without enclosures) 218, 1. pp. 359–361.]
Feb. 10.
Whitehall.
372. Council of Trade and Plantations to the King. Submit names of Commissioners for trying pirates in the Plantations, as ordered 30th Jan. Cf. C.S.P. 1700. No. 498. Set out, N.J. Arch. 1st Ser. IV. 339. [C.O. 324, 10. pp. 161–185.]
Feb. 11.373. Mr. Philips, Agent for New York, to Mr. Popple. Encloses following, to be laid before the Council of Trade and Plantations. Continues:—By repeated letters from the Governor and others I am assured, that if there be not a speedy stop put to the groundless and malicious complaints of Cox and his adherents, it will be impossible that Brigadier Hunter or any other Governor should be able long to discharge his duty to any purpose: Likewise, that if Cox and his friends are not check'd and discountenanc'd, some poor ignorant wretches may be drawn in to be hang'd; and that it appears by the tenor of some of their letters, which have fallen into the hands of the Governor, that they have laboured hard for an assassination. Cox and his friends (in order to carry on their malice) write and speak false and reflecting things upon the Rt. Hon. the Commissioners of Trade, and make use of the names of some of the King's Ministers, and other great men, not only without their leave, but even contrary to their intentions. As to Mulford's complaint about the whale-fishing, believes that Instructions relating to that matter from the Council and Assembly of New York were on board the Mercury (which is lost with all her men, excepting two or three.) Encloses addresses in favour of Governor Hunter. Signed, A. Philips. Endorsed, Recd., Read 12th Feb., 1717/18. 4pp. Enclosed,
373. i. Certificate by John Johnston, Mayor of New York, 24th Aug., 1717, that John Drummy swore to the truth of the following documents. Signed, John Johnston. 1 p.
373. ii. Deposition of John Drummy of New York, mercht. 24th Aug., 1717. In July last at Cape May he learned that letters from Mr. Cox and one Mr. Bustill at London were industriously handed about among the Justices and inhabitants of New Jersey, which very much disturbed their minds, leading them to declare that they would pay no more taxes to the present Government. He obtained the following copies etc. John Bradner, a dissenting Minister of Cape May, refused to allow his Congregation to have them published in their Meeting House etc. Signed, John Drummy. 2¼ pp.
373. iii. Copy of letter [? from Daniel Cox] referred to in preceding. The King's abscence very much retarded our affaire etc. Four days after his returne the petition was read to him in Council, and contrary to the expectation of Coll. Hunter's freinds referred to a Committee of H.M. Councill for heareing appeals from the Plantations, and which was [what] wee laboured for, least it should be ordered before the Board of Trade which are by this management entirely debarred from haveing anything to doe in this affaire soe that his freind Dominique cant doe him that service that Coll. Hunter might have expected etc. His freinds urge all they can to deferr heareing till he comes for they know neither he nor they can stand the shock of the accusation etc. Wee lay before the Ministers the miserable condition of the people and the necessity of a speedy heareing etc. The management of Collo. Hunter and some Quakers in refference of an Act of Parliament passt here is highly resented here etc. You will soon find something done in that affaire that will not be pleaseing to the faction etc. Refers to Mr. Bustill's letter. There is noe fear of the removel of such oppressions this spring or summer at furthermost and the Quaker freinds will share his fate tho perhaps sooner. Signed, D. C. 1½ pp.
373. iv. Copy of letter [? from Mr. Bustill, referred to in preceding]. Describes voyage home and confirms preceding. Adds:—Col. Cox delayed the affair entrusted to him, as there was some uneasiness among the Ministers of State about the turneing out my Lord Townshend, etc. There is hopes of a heareing in about a month. Col. Cox has beene favoured with the promise of severall Great Men, as the Lord Bishop of London who has promised to be at the heareing and will speake to the Lord Bishop of Canterbury who is one of the King's Cabinet Council to be there likewise etc. Coll. Hunter interest is intirely sunck at Court since ye King's displeasure with the Duke of Argyle and wee cant learn that there is any one nobleman or person of distinction at Court will appeare for his interest. My Lord Cadogan can't heare him named with any tollerable patience etc. Soe that you have all imaginable reason to expect the removall of that opposor. Coll. Hunter refuseing and printing against the Act of Parliament with Jamison and Gordons treatments of it seems very odd and surpriseing to those gentlemen in England that was most imediately concerned in passing it, and they have made a resolve to lay it before the King and the Act made null and void etc. Even Parliament men wonders how a Province of free-born Englishmen cold beare to be kept under soe much tyrany and oppression without serveing him even as the people of Antigua served Generall Parkes or else from being provoked to open resistance and endeavour our freedom by force of arms, but allow wee have done better in flying to a King who delights in acts of mercy and justice etc. Col. Hunter's issueing out warrants in ye Jerseys and forceing Members unto the House and make them prisoners at Amboy makes a merry story in England amongst those Parliament men that heard of it and 'tis said that article is enough to remove him etc. as preceding. Signed, Hen. Joyce. 4 pp.
373. v. Copy of Order of King in Council Jan. 23, 1717. 1 p. The whole endorsed as covering letter. [C.O. 5, 971. Nos. 71, 71 i.–v.; and (without enclosures) 5, 995. pp. 435, 436.]
Feb. 12.
Whitehall.
374. Mr. Popple to Mr. Attorney General. Encloses Act of New York for the better settlement and assuring of lands, 1710, for his opinion in point of law, the Governor having proposed the repeal thereof. [C.O. 5, 1123. p. 512.]
Feb. 13.
Whitehall.
375. Same to Same. Encloses extracts of letters from Mr. Philips (11th Feb.), affidavit of John Drummie and letters from Danl. Cox and Henry Joyce, upon which the Council of Trade and Plantations desire to discourse with him, "as it will be for H.M. service something should speedily be done to put a stop to such false and malicious insinuations." etc. [C.O.5, 1123. p. 514.]
Feb. 13.
Whitehall.
376. Council of Trade and Plantations to Mr. Secretary Addison. Enclose extracts etc. as preceding. Continue:—By which you will perceive the continued endeavours of Brigr. Hunter's enemies not only to distress him and the Government of the Jerseys, but even some instigations to assassinate him etc. Enclose address of Assembly of New York relating to Mulford's complaints. In all probability the Brigrs. answer has been lost in the Mercury (v. 11th Feb.) etc. So that we cannot make a full report thereupon till the next ships shall arrive etc. [C.O. 5, 1123. pp. 515, 516; and 5, 1079. No. 97.]
Feb. 13.
St. James's.
377. Order of King in Council Confirming Act of New York for preventing the multiplicity of lawsuits. Signed, Rob. Hales. Endorsed, Recd. 24th, Read 25th Feb., 1717/18. 1½ pp. [C.O. 5, 1051. No. 57; and 5, 1123. pp. 531, 532.]
Feb. 13.
St. James's.
378. Order of King in Council. Confirming Acts of New Jersey, (i.) allowing the affirmation of Quakers etc. 1713 (v. 27th Jan., 1718); and (ii.) repealing the Act for ascertaining the place of sitting of the Assembly, 1716, (v. 11th Dec., 1717). Signed, Robert Hales. Endorsed, Recd. 24th, Read 25th Feb., 1717/18. 2 pp. [C.O. 5, 971. No. 72; and 5, 995. pp. 437, 438.]
Feb. 13.
St. James's.
379. Order of King in Council. Approving Representation of Feb. 10 and ordering Commissions accordingly. Signed, Edward Southwell. Endorsed, Recd. 24th, Read 25th Feb., 1717/18. 1 p. [C.O. 323, 7. No. 125; and 324, 10. pp. 193, 194.]
Feb. 13.
St. James's.
380. Order of King in Council. Repealing Acts of Virginia (i.) prohibiting the unlawful assembly of Quakers, (ii.) concerning foreign debts, etc. v. Feb. 3rd. Signed, Robert Hales. Endorsed, Recd., Read 21st Feb., 1717/18. 1¼ pp. [C.O. 5, 1318. No. 44; and 5, 1365. pp. 49, 50.]
Feb. 14.
Whitehall.
381. Mr. Popple to the Commissioners of the Navy. The Council of Trade and Plantations desire you will let them have as soon as conveniently may be an account of the premiums paid for Naval Stores imported from America for 5 years ending at Christmas last. And an account of pitch and tar imported from America bought for the use of H.M., with the prices paid etc. [C.O. 324, 10. p. 186.]
Feb. 15.
Custom House, London.
382. Mr. Carkesse to Mr. Popple. Encloses papers relating to complaints of fraudulent practices in the importation of tar and pitch from the Plantations etc. The Commissioners of Customs request the Council of Trade and Plantations to instruct the Governors that all possible care be taken in the preparing and shipping pitch and tar to prevent a discouragement on the commodities, and an abuse to the publick with respect to the bounty etc. Signed, Cha. Carkesse. [C.O. 389, 26. p. 252.]
Feb. 15.383. Mr. Solicitor General to Mr. Popple. Reply to Jan. 10th. I am humbly of opinion that by the clauses in the 7th and 8th pages [of the Charter of the Massachusetts Bay] (the lands in question being now owned to be part of what is therein described which was not insisted on before my former report to their Lordships). The inhabitants of the Massachusetts bay have the right to the soyle vested in them and though there is a clause in page the 13th which restraines the Assembly's power of granting to others without the approbacon of the Crown yett that reserved power by the Crown does not give the Crown a power to grant it to any others because the Crown has divested itself of the property by the former clause and the grantees have the inheritance though qualified with that condicon beforemenconed. Signed, Wm. Thomson. Endorsed, Recd. 17th Feb., Read 23rd April, 1718. ¾ p. Enclosed,
383. i. Mr. Coram to Mr. Solicitor General, 21st Jan., 1718. Answer on the doubt arising upon the clause in the Charter of the Massachusetts Bay. Signed, Tho. Coram. Endorsed as preceding. 2 pp.
383. ii. Mr. Dummer's reply to preceding. Middle Temple, 9th Jan., 1717. Signed, Jer. Dummer. Same endorsement. 3½ pp.
383. iii. Joshua Barkstead to Mr. Solicitor General. Argues that the Propriety of the soil in the lands in question remains in the Crown. Signed, J. Barkstead. Same endorsement. ¾ p. [C.O. 5, 866. Nos. 144, 144 i.–iii.; and (without enclosures) 5, 915. pp. 112, 113.]