America and West Indies
December 1718, 1-10

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Institute of Historical Research

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Cecil Headlam (editor)

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1930

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397-404

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'America and West Indies: December 1718, 1-10', Calendar of State Papers Colonial, America and West Indies, Volume 30: 1717-1718 (1930), pp. 397-404. URL: http://www.british-history.ac.uk/report.aspx?compid=74049 Date accessed: 22 September 2014.


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December 1718, 1-10

Dec. 3.
St. James's.
768. Order of King in Council. Appointing William Pusey to the Council of Jamaica (v. Nov. 28th). Signed, Robert Hales. Endorsed, Recd. 23rd, Read 24th Jan., 1718/19. 1 p. [C.O. 137, 13. No. 21; and 138, 16. pp. 157, 158.]
Dec. 3.
St. James's.
769. Order of King in Council. Appointing John Yeamans to the Council of Antigua (v. 13th Nov.). Signed, Robert Hales. Endorsed, Recd. 23rd, Read 24th Jan., 1718/19. 1 p. [C.O. 152, 12. No. 126.]
Dec. 4.770. Mr. Byrd to the Council of Trade and Plantations. I understand it has been propos'd to your Lordps. from Virginia, to remove several members of H.M. Council there. Prays that nothing may be determined in their prejudice, "till they have had a copy of their accusation, and been favour'd with the common liberty of justifying themselves" etc. Signed, W. Byrd. Endorsed, Recd. 5th, Read 10th Dec., 1718. 1 p. [C.O. 5, 1318. No. 54.]
Dec. 5.
Whitehall.
771. Mr. Popple to Jeremy Dummer. The Council of Trade and Plantations desire to see the powers by which you act as Agent of the Massachusets Bay in order that they may be entered in this Office.
N.B. The same letter was writ to the Agents of N. Hampshire, Antegoa, Virginia and New York. [C.O. 5, 915. pp. 237, 238.]
Dec. 5.772. Mr. Popple to Mr. Joshua Gee. The Council of Trade and Plantations desire you would bring the Laws of Pensylvania, referred to by Lt. Gov. Keith 2nd June, to them as soon as may be in order to be laid before H.M. [C.O. 5, 1293. pp. 159, 160.]
Dec. 5.773. Grant by the Lords Proprietors of Carolina of four baronies of 12,000 acres each to John Danson, at a pepper corn rent. Signed, by order, Ri. Shelton, Secry. Copy. [C.O. 324, 49. p. 120.]
Dec. 6.
St. James's.
774. H.M. Warrant appointing William Pusey to the Council of Jamaica in the room of Thomas Harrison decd. Countersigned, J. Craggs. Copy. [C.O. 324, 33. p.192.]
Dec. 6.
St. James's.
775. H.M. Warrant appointing John Yeamans to the Council of Antegoa in the room of Col. William Thomas decd. Countersigned, J. Craggs. Copy. [C.O. 324, 33. p. 191.]
Dec. 6.
Boston.
776. Mr. Willard to Mr. Popple. Encloses Minutes of Council from 1st Sept., Journal of Assembly from 18th May, and 13 Acts of the Massachusetts Bay, May, 1718. Continues:—I should give a better dispatch to those affairs, if the Assembly or the profits of my office would allow me any assistance etc. The last Sessions ended two days agoe etc. Signed, Josiah Willard. Endorsed, Recd., Read 29th Jan., 1718/19. 2 pp. [C.O. 5, 867. No. 25; and 5, 915. pp. 243, 244.]
Dec. 6/17.
Rio Essequebe.
777. H. Gelsherke to the Directors of the Dutch West India Company. Signed, H. Gelsherke. Endorsed, Read 24th April (N.S.), 1719. Dutch. 2 pp. Enclosed,
777. i. Order by Governor and Council, 22nd Sept., 1718. Dutch. 2½ pp. [C.O. 116, 21. Nos. 160, 160 i.]
Dec. 6/17.
Rio Essequebe, opt Luys Naby.
778. Commander Van der Heyden Rézen to the Directors of the Dutch West India Company. Signed, Pr. Van der Heyden Rézen. Endorsed, Read 24th April (N.S.), 1719. Dutch. 2 pp. [C.O. 116, 21. No. 161.]
Dec. 9.779. Copy of Minute of Council of Virginia, 16th Aug., 1705, nominating Col. Blackiston Agent to solicit the affairs of this country. Signed, Willm. Robertson, Cl. Con. Endorsed, Recd., Read 9th Dec., 1718. 1 p. [C.O. 5, 1318. No. 53.]
Dec. 9.
Whitehall.
780. Council of Trade and Plantations to Mr. Secretary Craggs. Understanding that H.M. in Council has order'd, that general reprisals be granted against ye ships goods and subjects of the King of Spain for reparation of the losses unjustly sustain'd by H.M. own subjects from the violent and arbitrary proceedings of ye Spanish Government, and being likewise inform'd that H.M. has directed one of His ships of war forthwith to sail to the West Indies with Orders to the several Governors there, relating to our present situation with Spain; we thought it might be of advantage to H.M. service, that he shoud be pleased to enlarge the time formerly granted for the pardoning pirates in the West Indies, lest they should be tempted to enter into the Spanish service, from whence great detriment might ensue to the trade of these Kingdoms. In case H.M. shou'd approve of our proposals upon this subject, it may be necessary, that H.M. orders for this purpose shou'd be dispatch'd to the sevl. Governors of ye Plantations by the very first opportunity and if possible by the man of war, now under sailing orders. [C.O. 324, 10. pp. 209, 210.]
[Dec. 9.]781. Memorial of William Penn, Proprietary and Governour of Pensilvania and several of his Friends in behalf of the people of that Province, to the Council of Trade and Plantations. Submit for their favourable report to the King laws past in 1713 and 1715, with reasons for passing them, notably: (i.) The Act for impowring religious Societies to buy, hold and enjoy lands and tenements (1715). The true reason of this Act was to encourage in an infant Colony where there was no endowments, the building of hospitals, churches, and other places, for religious worship, and Charity schools, for educating of youth etc., without any other view, that wee can understand, but that, if any lands, or tenements etc. are, or shall be given to such pious uses, they shall in such case be applied to that use etc. (ii.) An affirmation Act (1715) for such who for conscience sake cannot take an oath, being the same with that used in Great Brittain. True it is, an Act of the same nature, with this, may before, have been transmitted, to the Lords of Trade, which, had not, the Royal approbation. And that, thereupon, an intire failure of Justice ensued, in Pensilvania, for want of Magistrates, that would administer, and officers, juries etc. who could, in conscience, take an oath, so greatly, doth the number of the people called Quakers, exceed that, of all other perswasions, in that Province. Wherefore the Assembly found themselves, indispensably bound, in duty to the King, for the reviving, a due administration of Justice, in that Collony, to make this Act, and William Penn and his friends desire, the Lords of Trade, will be pleased, in their report of the Laws, to mention these facts, to the King. And that, his Dissenting subjects, in Pensilvania called Quakers, quitted England, their native countrey, to be freed from the imposition of oaths, and other matters, which they, in their conscience, could not comply with, and transplanted themselves into a wilde, uncultivated country, inhabited by salvages, where, they have, by their industry added, a flourishing Collony, to the British Empire, in that part of the world, to the mighty benefitt of the Kingdom of England, by the increase of Trade, and Navigation, in the great number of shipping they employ, and the vast quantities of manufactures, of that growth, which they consume. And all this, in hopes to enjoy, that liberty abroad, they were denyed, by the laws at home. And which was, the intent of King Charles the Second. For he in his Charter to William Penn, grants him power, with the consent of the inhabitants, to enact such laws, as might secure to them, their civil, and religious rights, and liberties. And these powers, were looked upon, at that time of day, to be so large and extensive, that for fear, they might be interpreted, to have vested, the people called Quakers, in whom, the Government of Pensilvania, by that Charter, was designed to be lodged, to hinder the exercise of any other, manner of religious worship, different from their own. Therefore Mr. Penn was tyed down, by a clause in that Charter, to admitt any minister, sent over by the Bishop of London, to exercise, his ministerial function, in that Province, so that, from thence, we may rationally conclude that, William Penn, and those of his perswasion, were by that Charter, left at liberty, to enact such laws, as might best secure them, from those burthens, and tyes, at that time of day, upon their consciences, by the laws of England, which they complain'd off. For if, without that clause, they would have been at liberty, to impose upon others, they must at the same time, most certainly, have been design'd, to be left free, themselves. And as it doth not appear, that these religious, and industrious people, have done anything, to forfeit the rights, and liberties, they claim, by that Charter, and have by virtue thereof, been possessed off, so many years. It cannot therefore, but be esteemed greatly, to tend to their discouragement, who are of unquetionable loyalty to King Geroge, to be deprived of them, in a reign, they could not but promise themselves at least, as much happiness, as in any other, and thereby, be left in a state of anarchy, and confusion, which will be the consequence, of repealing this Affirmation Act. The penalties for falsly affirming, being made the same in this Act, with those, in cases of corrupt and wilfull perjury, will, therefore, we believe, have the same effect. Pray for a favourable report to the King, for his Royal assent, for thereupon depends the great happiness of Pensilvania. (iii.) Act for the recovery of fines, and forfeitures, due to the Governour and Government. This Act was made to enforce, the duly estreating, levying, and paying, into the provincial Treasury, all fines and forfeitures design'd, and which ought to be apply'd, towards defraying, the charges of supporting the Government, so that they might goe, and be applied to those uses. This is a case, so necessary, to be taken care off, in all Governments, that, the Assembly, promised themselves success, in having this bill pass'd. Query in margin: Whether this Act can pass without prejudice to ye contract made in ye late Queen's time for Mr. Penn's resigning ye Governmt., whereby 'tis probable that ye fines and forfeitures were likewise to be resign'd to ye Crown. (iv.) An Act for assigning of bonds etc. This Act was made, for facilitating, and increasing of trade and commerce, in a countrey, from whence, all their money is drained, by their trade, with Great Brittain, which, we presume, will be a good reason, for passing the same. (v.) An Act for acknowledging, and recording of deeds. In this Act the Assembly have endeavored to remove, such objections, as were made, against a former bill, of this nature, and experience, having made appear, the great conveniency thereof, and a certainty to purchasers, in their titles, by this method, of recording all deeds, so we desire it may be ratified. (vi.) The Act for such as refuse to take the solemn Affirmacon used in Great Brittain is the same, with the Affirmation Act, before mentioned, saving, the name of God, is not made use of therein, the reason whereof is, that there are, a considerable number of scrupulous conscientious people, who dare not make use of, the sacred name of God, on such occasions. The penalties in this Act are, made the same, as in the before mentioned Affirmation Act etc. (vii.) An Act for continuing a friendly correspondence with the Indians. The whole intent of this Act is, to prevent the Indians being imposed upon, or abused in trade, or otherwise, by ill minded persons. Which experience hath shown, is impossible to prevent, if all manner of persons, without some restrictions, and regulations, should be suffered to trade, and live amongst the Indians. The fatal effects whereof, some of the English neighbouring Collonies, have felt, in the late warrs, with those salvages, by the loss of great numbers of Christians killed, and their houses, plantations, goods, and cattle burnt, destroyed, or carried away, by those heathen. These dreadfull mischiefs might probably have been prevented, had care been taken, to observe, some such like means, as is proposed, in this Act, in treating and dealing with the Indians honestly. And which is, what hath hitherto preserved a friendship, between them, and the Christian inhabitants of Pensilvania, insomuch, that although the Indians, have had warrs, with all our neighbouring Collonies, yet have they not hitherto, had any quarrel with us, nor have we lost the life of any one Englishman, by their means, from the settlement of the Collony, to this day, that we know, or have heard of. This Act, therefore being of such consequence, for secureing the peace, and tranquillity of that country, and the same, to continue, for no more, than three years, merits from the Lords of Trade and Plantations, a favourable report to the King, that it may have the Royal fiat. (viii.) An Act for better determining of debts, under forty shillings, and laying aside the two weeks Court in Philadelphia. The two weeks Court, not answering the ends propos'd, but on the contrary, the mannor of executing it, by the magistrates and officers, of the City of Philadia., proving chargeable, and inconvenient, Therefore this Act, upon complaint thereof, made, takes it clear away, and provides an easier method, for recovering such small debts, by lodging that power, in the breast, of a Justice of Peace, who is, to determine the same, in a summary way with little expence to the parties. (ix.) An Act for erecting a supreme, or Provincial Court of law and equity. This Court, is not a novelty in Pensilvania, any more, than in any, of the rest of the King's Plantations. This Act, being rather made, to rectifye, and amend the proceedings of the antient Provincial Court, and make the practice thereof, more conformable, to the methods used, in the Courts, at Westminsterhall. And as to the hearing causes by Appeal, writs of error, certiorari etc., they are things, that have been long practised, in that Government, as well as, in other Supreme Courts, throughout all, or most of the Plantations, by laws made for that purpose, and those laws, ratified by the Crown, so that, we hope, this Act, will have the Royal assent to it. (x., xi.) Acts for setling the Court of Common Pleas, and for ascertaining the practice of the Courts of Judicature. In framing these Acts the Assembly have advised, with the most learned in the law, in that Province, and followed their opinion, in setling the method, and practice of the Courts, as near, as could be done conveniently, according to the course of proceedings, in the Courts at Westmr. etc. (xii.) An Act for raising a supply of one penny per pound, and four shillings, per head, and for reviving other Acts. The intent of this Act being to raise a supplye, for the support of Government, makes the same to be, in the nature of a money bill, in Parliamt., wherein the people, who grant it, raise it, amongst themselves. Acts of this kind, being necessary, and frequent, in all Governments, and without which, none can subsist, Therefore, we desire, this bill may pass the Royal assent, There are severall penalties in this bill, upon transgressors thereof, which goe one half to the Governor, for the support of Government, and the other to the informer. (xiii.) An Act for regulating and establishing fees. An Act bearing the same title with this Act, it's true, was, formerly repealed, But for no other reason, save only that, it depended on an other Act, at that time likewise repealed, so that, had it pass'd, at that time, with the Royal assent, it could not, have been of any use, the matters thereof, being so interwoven, and depending, so much on the other. But that objection, being now removed, we doubt not but that, this bill, will have the Royal assent etc. (xiv., xv.) An Act for laying a duty, on wine, brandy, and other spirits, cyder, and hopps imported, and an Act for laying a duty on negroes imported. These two, are Acts, wherein likewise the people, by their Representatives, mett in Generall Assembly, have agreed, to raise[s] money upon themselves, to supplye the publick exigences of the Government, in such manner, as after a mature deliberation, they thought, would not be burthensome there, or unacceptable at home, Particularly, in the Act for laying a duty on negroes, they have endeavoured to remove, and take off, the former objections to that Act. Wherefore, we hope now no more difficulties will be started, to hinder, these two Acts, having the Royal assent. There are, in these two Acts also, severall penalties, that goe one half, to the Governour, for the support of Government, and the other half, to the informer, as is usuall in such Acts. For these, and the severall other reasons aforemenconed, William Penn, and his friends doe, in behalf of the people of Pensilvania, lay before and recommend, the two parcells of laws, to the Lords of Trade and Plantations, that they would be pleased, favourably to report them to the King, for his Royal sanction, on which, intirely depends the future happiness of that Collony, for without that sanction, the Country must fall into the utmost anarchy, and confusion, for want of a due administration of Justice, wee not being able there to find persons enough, who can in conscience give, or take an oath, to serve as Magistrates, juries etc. Endorsed, Recd., Read 9th Dec., 1718. 37 pp. Enclosed,
781. i. Abstract of laws passed in Pennsylvania, 1712–1715. Same endorsement. 32 pp. [C.O. 5, 1265. Nos. 109, 109 i.]
Dec. 9.
Whitehall.
782. Mr. Secretary Craggs to the Council of Trade and Plantations. Encloses following for their report. Signed, J. Craggs. Endorsed, Recd. 10th Dec., 1718, Read 10th Feb., 1718/19. ½ p. Enclosed,
782. i. George Vaughan to Mr. Secretary Craggs. London, Nov. 29, 1718. Encloses following received this day. I was at Causo 10 or 12 miles to the westward of Cape Brittoon in Augt. last, and then all things was peaceable and quiet, the French and English fishing with all friendship and love, and the Indians thô numerous very ready to do all friendly offices, but I fear they are now exasperated, etc. Signed, Geo. Vaughan. Copy. 1 p.
782. ii. Nathaniel Shannon to George Vaughan. Portsmo. Oct. 22, 1718. But soon after comes the Squirrell man of war from Boston to break up and destroy (if I may say rather the English than) the French Fishery at Causo, which (after he had been to Cape Britton) on the 18th Sept. last he began like fury to do; my vessell then happened to be at sea; caused me to be but under poor circumstances to secure and get away what little fish and other effects I had, the disturbance grew so great in 2 or 3 days, that I fear'd to lodge in my house, but left it for severall nights to the generosity of the (then) theivish French and Indians, at last on a Sabbath day I sold, and was forced to weigh of my dry fish etc. On 26th Sept. the Fleet sail'd for Boston together with a brigt. and Sloop, two prizes taken from the French, the former had a thousand quintalls of fish; the French Admiral had his ship given again but all his fish and wine and brandy etc., and he carried to Boston a prisoner etc. I tarry'd with six vessells 7 days after the Fleet. We are all bent (with three times the number before) upon going another year, hourly expecting Col. Phillips with forces to garrison there. Advise me pr. first how this action is approved of at home, and whether any care is like to be taken for its care and settlement. The French would have had 40 sail there next year, was it not for this rout. Signed, Nathaniel Shannon. 1¼ pp. [C.O. 5, 867. Nos. 30, 30 i., ii.; and (without enclosures) 5, 915. p. 253.]
[Dec. 10.]783. Copy of Governor Shute's Commission, by and with the advice and consent of the Council and Assembly, to Jeremiah Dummer to act as Agent for the Massachusetts Bay. Signed, Saml. Shute. Endorsed, Recd., Read 10th Dec., 1718. 1¾ pp. [C.O. 5, 867. No. 19; and 5, 915. pp. 238, 239.]
Dec. 10.
Whitehall.
784. Mr. Popple to Mr. Gee. The Council of Trade and Plantations having looked into the Laws of Pensylvania that are in this Office, find that they have received none since those passed in Feb. 1710 and Aug. 1711, and therefore their Lordships desire that if there be here any Laws passed since that time they may be sent to them immediately, or, if there be none such here, that you would immediately write to your friends in Pensylvania for them. [C.O. 5, 1293. p. 160.]
Dec. 10.
Whitehall.
785. Mr. Popple to Sir Wm. Thomson. Encloses Act of New Jersey, 1717, to naturalize Jacob Arents and his three children. The Council of Trade and Plantations desire your opinion more particularly how far the sd. Act of New Jersey is consistent with the Act of Parliament of 12th Car. II. for the incouraging of shipping etc., the Act of 7 and 8 Guli. III for preventing frauds in the Plantation Trade, or any other Acts of Parliament relating to the Trade and Navigation of this Kingdom? And what privileges a person naturalized in any of H.M. Plantations will be entituled to? [C.O. 5, 995. p. 450.]