America and West Indies
June 1719, 16-30

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Institute of Historical Research

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Cecil Headlam (editor)

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1933

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123-146

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'America and West Indies: June 1719, 16-30', Calendar of State Papers Colonial, America and West Indies, Volume 31: 1719-1720 (1933), pp. 123-146. URL: http://www.british-history.ac.uk/report.aspx?compid=74071 Date accessed: 16 April 2014. Add to my bookshelf


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Contents

June 1719, 16-30

June 16.
Whitehall.
246. Lords Justices to Governor Shute. Restitution is to be made to Mr. Hiriberry of the vessel and effects taken from him at Canso by Capt. Smart, (v. No. 248.). Signed, Ch. Delafaye. Endorsed, Recd. (from Monsr. Hiriberry) 15th, Read 20th Sept. 1720. French translation. 3 pp. [C.O. 5, 867. No. 75.]
[June 16.]247. Petition of merchants of London trading to Jamaica to the Lords Justices. Severall of your Petitioners have reced. notice from their correspondents at Jamaica that the trade of that Island with the Spaniards in those parts is rendered impracticable by reason that the Comanders of H.M. ships attending the service there do threaten to take as prize all such ships and vessells belonging to H.M. subjects as shall trade on the coast of New Spain or elsewhere with any of the subjects of Spain in America under colour as we apprehend of the warr being lately declared with the Spanish Nation in Europe. By this meanes great quantitys of woollen and other British manufactures now lying at Jamaica of great value cannot be exported for sale to the Spanish coast but must be unavoidably destroyed by the insects which swarm in that country unless forthwith returned to England again etc. Hereby the only channell left to Great Britain of comeing att or trafficking for any silver is not only cutt off and wholly stopped at present but this discouragement to the Spanish traders added to the many losses they have sustained by the pirates, will induce them to quit and abandon the said trade which must consequently fall into the hands of their rivalls the Dutch at Cuirassao and the French at Petit guaves (which our ships of war do not molest) and so be a meanes of looseing our share thereof for ever. Petitioners do conceive that these restrictions touching this trade, tending only to oppress H.M. subjects and not those of any other Prince in alliance with H.M. are contrary to the words and the intent of H.M. late Declaration of Warr. This trade hath been so far from being discouraged in this manner in all times before and even dureing the former warr with Spain and France that H.M. ships of warr have been constantly appointed for it's protection and security and provision made by Parliament in divers Acts for encourageing the same. Pray that orders may be sent to the Governour of Jamaica and Comanders of H.M. ships of warr there or other relief given to this branch of British trade etc. Signed, Tho. Lane, and 23 others. 1 p. Enclosed.
247. i. Extracts of letters from correspondents in Jamaica.
(a) Lewis Galdy to Mr. Lamago [? Aron Lamego] Portroyall, 24th March, 1719. The warr so much desired here is like to be of no advantage to us. All trade with the Spaniards being forbid etc.
(b) Isaac Bravo, Jamaica, to John Mendez de Costa. 23rd March, 1718. We have freighted a sloop for Portabello, but upon the arrivall of the Deal Castle with letters for the Governour that the warr was proclaimed against the Spaniards he ordered the same publication to be made here, he likewise recd. instructions from the Admiralty, for the Captains of the men of warr that in case they should meet with any ships tradeing with the Spaniards in any port they should take them as prize etc. Wee applyed ourselves to the Governour and the King's Attorney and both of them promised that they would not hinder us, but would not pass their words for the Comanders of the men of warr.
(c) Charles Aldcroft to Wm. Bignell, Jamaica, 30th March. On the 17th warr was proclaimed, and we have already nine privateers commissioned and more will soon follow, they and our men of warr threaten all who shall be found tradeing with the Spaniards etc. Wee hope Instructions from the King will be sent our governors how we are in that point to behave with orders for our men of warr to protect our trade which is of no small advantage to the English in generall and the only way to put Jamaica into a flourishing condicion.
(d) Moses Lamego att Portroyall to Aron Lamego. 23rd March. We shall be very glad to have orders from England by the first ships for the takeing off this prohibition because we believe the Spaniards are very inclineable to trade with us. Endorsed, Read 16th June, 1719. Agreed to. 1 p. [C.O. 137, 46. Nos. 37, 37. i.]
June 16.
Whitehall.
248. Order of Lords Justices in Council. Approving Representation of June 5, and directing Governor Shute and Capt. Smart to make restitution to Johannis de Hiribirri, and all other the Most Christian King's subjects, of their effects seized at Canceau, provided satisfaction be given to all H.M. subjects on whom any reprisalls may have been made by the French on occasion of this seizure; "and you are to declare and signify in such manner as you shall think proper that this restriction is not to give the French any new right or claim to the said Cape or Isle of Canceau or the lands thereunto belonging, but that H.M. right thereto shall be and remain as full and entire, and in the same force and virtue as if the said restitution had never been made: And altho' we do not discommend the zeal you have shewn for H.M. service, and for supporting the rights of the Crown; yet as the keeping up a perfect friendship between Great Britain and France is necessary for the security and welfare of both, you are as well in this as in all other occasions to do all that in you lies towards maintaining and improving the good correspondence and union between them, and to prevent and remove all occasions of dispute or contention between the two Nations." Countersigned, Ch. Delafaye. [C.O. 324, 33. pp. 230–232.]
June 18.249. Mr. West to the Council of Trade and Plantations. Reply to June 10. I have no objection to the draught of the Commission for Governor Philips etc. Signed, Richd. West. Endorsed, Recd. 18th., Read 19th June, 1719. ¾ p. [C.O. 217, 2. No. 76; and 218, 1. p. 416.]
June 18.
Whitehall.
250. Council of Trade and Plantations to the Lords Justices. Recommend John Cochran, William Irish and Richard Cooke to fill vacancies in the Council of Montserrat etc. [C.O. 153, 13. p. 413.]
June 19.
Whitehall.
251. Mr. Delafaye to the Governor of New England. I send you by command of the Lds. Justices copys of letters following, complaining of your treatment of Capt. Smart, which appears so extraordinary, that if it be as is represented, their Excys. expect you should give him satisfaction for the injury he has suffer'd by the illegal proceedings against him, and if you can shew it to be otherwise you will send a state of the matter supported by vouchers and evidence necessary for your justification. Signed, Ch. Delafaye. Annexed,
251. i. Mr. Burchett to Mr. Delafaye. Admiralty Office, 13th June, 1719. My Lds. Commrs. of the Admty. desire you will lay enclosed before the Lords Justices etc. that their Excys. may be inform'd in what unjustifiable and disrestpectfull manner Capt. Smart has been treated by the Governor of New England, as well as other irregularitys committed by him in matters relating to H.M. maritime service etc., being of such a nature as may carry with it very evil consequences. Their Lops. do humbly desire that such notice may be taken thereof to him as may effectually put a stop to the like for the future. Signed, J. Burchett.
251. ii. Extract of letter from Capt. Smart to Mr. Burchett. H.M.S. Squirrel, Boston. 28th Jan., 1719. As to the many private injuries and abuses which I have suffer'd from the Govr. and his emissaries, because I could not be brought to submit my Instructions to his arbitrary will, and own his authority to be superior to that of my Lds. Commrs. of Admty., I should have willingly past over them all without offering the least complaint, if I had not very lately met with such a surprising instance of his inveterate malice against me, and his disrespect to the King's service; that it can only be parallel'd in the annals of his predecessors, I mean the Govrs. of this Independt. Countrey. His Secretary coming at night into a gentleman's house where I was with some company, treated me with unmannerly and provoking expressions. To avoid giving disturbance to the family I went away and next morning call'd upon him to know his reason for taking such liberty with me and if he persisted still in the same opinion. He told me he did and was resolv'd to justify it. Tho' this encounter was attended with no greater mischief than a slight wound in his arm, yet in a few days after the Judges of the Superior Court being assembled on the Bench, and signifying by a private messenger their desire to speak with me, which I readily comply'd with not apprehending their design, without any complaint or process, nay without any tryal or form of proceeding they order'd their Sheriff to carry me immediately to the common goal, and there detain me 24 hours, and besides a fine of £10 which they sentenc'd me to pay to the King, they obliged me to find security in an unreasonable sum for my good behaviour. I fulfill'd the judgement which was principally founded (as one of the Judges declared in Court) on the assurance the Govr. had given them by an Act of Parliamt, made in England, it is present death to give a challenge, which, if true, could never be apply'd to my case since I was not the aggressor. Copy. [C.O. 324, 33. pp. 233–236.]
June 19.
Boston.
252. Mr. Bridger to Mr. Popple. Repeats objections to Mr. Armstrong as Deputy Surveyor of the Woods etc. Cf. June 26, July 9 etc. Signed, J. Bridger. Endorsed, Recd. 5th Aug., Read 10th Sept. 1719. Addressed. 3 pp. [C.O. 5, 867. No. 48.]
June 19.253. Lords Proprietors of Carolina to Governor Johnson. We have considered your complaint of the great difficulty you labour under in procuring the persons (whom we lately appointed to be of your Council to assist you in the administration of the Government of Our Province) to attend in Charles Town. We therefore are willing to ease you in that affair, as far as we can, and have and do by these presents appoint you a Council consisting of the twelve persons following vizt., Ralph Izard, Nichs. Trott, Cha. Hart, Saml. Wragg, Wm. Gibbons, Ben. de la Counceleire, Wm. Ball, Hugh Butler, Peter St. Julian, Francis Yonge, Jacob Satur, Jona. Shrine, Esqrs., whom we enjoyn you immediately to summon upon your receipt of this, that they may qualify themselves and sit upon business as soon as may be. Signed, Carteret Palatin; M. Ashley, J. Colleton, J. Danson. [C.O. 5, 290. pp. 142, 143.]
June 19.254. Same to Same. Upon reading your letter to my Lord Palatin, wherein you complain of Colo. Rhett's affronting you, we think it proper to inform you, that we highly resent any indignity offer'd to you who represent us; and we do assure you, that we are firmly resolv'd always to support the dignity of our Governors: and therefore in case Mr. Rhett has not given you satisfaction upon that accot. or refuse to do it, we do hereby order you immediately to suspend him from the executn. of his office, but not to put any other person in his room till our further order. We do assure you that no complaints have come to us or to either of us against you from Colo. Rhett, as has been reported. Signed as preceding. [C.O. 5, 290. pp. 143, 144.]
June 19.
Whitehall.
255. Council of Trade and Plantations to the Lords Justices. Enclose following. Continue: The Province [of Placentia and Nova Scotia] not being hitherto peopled or settled by H.M. subjects, we did not think it necessary, that either the Commission or Instructions for Col. Philips should be so extensive, as those for H.M. other Governors, in America etc. But for Col. Philips better Government, in addition to these Instructions, we have thought it necessary, that he should have with him, a copy of H.M. Instructions to His Governor of Virginia, which may be of use to him so far as they shall be applicable to cases that may happen and are not sufficiently provided for by these instructions, till H.M. further pleasure shall be known. Your Excellencies will perceive that the Instructions we have prepared for Col. Philips, are entirely calculated for the laying out and making a new settlement, wherein we have made the best provision we are able to propose at present for the peopling of the country, for promoting the fishery, for the preservation of the timber fit for ye Royal Navy and for encouraging the productn. of Naval Stores, more particularly of hemp, which is very much wanted in H.M. Dominions. There is a clause in the said Instructions whereby the Govr. is directed to live in perfect friendship and good correspondence with the Governor of Canada and all officers and other subjects of his Most Christian Majesty in those parts, and to avoid as far as in him lies all occasions of dispute or contention with them. But at the same time, considering how formidable the French already are there, and how much reason there is to be jealous of their new settlements and extent of territory on the back of the British Plantations from ye Gulph and River of St. Lawrence down by the Lakes and the River Missisipi to the Bay of Mexico, we have prepared an Instruction directing Col. Philips to keep a watchful eye upon them, and to transmit from time to time the best accounts he can get of their proceedings. And as we are convinced from all the accounts that we have received from America, that nothing has so much contributed to strengthen the hands of the French in those parts, as the friendship they maintain, and the intermarriages they make with the Indians we have not only prepared a clause in his said Instructions, requiring him to give all civil and friendly treatment to the Indian Nations or clans within his Governmt., but have likewise taken the liberty to propose an Instruction for encouraging of intermarriages between H.M. subjects and the said Indians, which we hope may have a very good effect there, and can occasion but a small expence to H.M. We were the rather induced to offer this Instruction because of ye weak condition Nova Scotia is in at present, being only inhabited by French planters, who have hitherto refused to take the oaths to H.M. and by the Indians, who are very much influenced by the French Missionaries; to which may be added that this Province lies between the two French settlements of Cape Breton and Canada, where they are very strong and numerous, and daily encroaching upon H.M. territories in those parts. We think it highly necessary that a reservation should be made of certain tracts of land in proper places to be set apart for the production and preservation of timber for the use of the Royal Navy, and as we have proposed in the said Instructions, that the Govr. shall make no grants, till the country shall have been survey'd; we humbly offer that the Surveyor General of the Woods on the Continent of America have directions forthwith to repair to Nova Scotia, and mark out such parts thereof as are proper to be reserved for this purpose agreeable to the said Instruction. We have likewise prepared and herewith lay before your Excellencies another draught of Instructions for Col. Philips, which relate only to ye observance of the several Laws of Trade and Navigation, and are in the usual form etc. Repeat proposal for a ship to attend the Province etc.; "for in our humble opinion it will be impossible for Col. Philips either to protect the trade and fishery of H.M. subjects there, or to put the greatest part of his Instructions in execution, without such an assistance." Annexed.
255. i. Draught of H.M. Commission to Richard Philips to be Governor of Placentia and Cap. General and Governor in Chief of Nova Scotia or Accadie. To appoint a Council not exceeding the number of 12, levy forces, grant lands under a moderate quit-rent, and "do execute and perform all and every such further act and acts as shall or may tend or conduce to the security of our said Province, and the good people thereof and to the honour of our Crown," etc.
255. ii. Draught of H.M. Instructions to Governor Philips. 1-8. Usual Instructions as to Councillors. (ix). And the better to enable H.M. to compleat what may be further wanting towards the establishing a civil Governmt. in the said Province, you are to give unto H.M. by one of his principal Secretaries of State, and to the Commissioners for Trade and Plantations, by the first opportunity after your arrival there, a true state of the said Province, particlarly with respect to the number and qualifications of the people that either are there, or hereafter shall resort thither, of what number it may be proper to constitute an Assembly? What persons are proper and fit to be judges, justices or sherrifs? and any other matter or thing, that may be of use to H.M. in the establishing a civil Government as aforesaid. (x) In the meantime till such a Governmt. shall have been established you will receive herewith a copy of the Instructions given to the Governor of Virginia, by which you will conduct yourself, till H.M. further pleasure shall be known, as near as the circumstance of the place will admit, in such things as they can be applicable to, and where you are not otherwise directed by these Instructions. But you are not to take upon you to enact any laws till H.M. shall have appointed an Assembly and given you directions for your proceedings therein. (xi) Whereas we are informed that the inhabitants of Nova Scotia (except those of the Garrison of Annapolis Royal) are most if not all of them French, who never took the oaths of fidelity and allegiance to H.M., or to the late Queen; notwithstanding such their undutiful behaviour, you are immediately upon your arrival there, to invite them in the most friendly manner by Proclamation and otherways, as you shall think fit to submit to your Government and swear allegiance to H.M., within the space of four months from the date of such your Proclamation, upon which condition, they shall enjoy the free exercise of their religion, and be protected in all their civil and religious rights and liberties so long as they shall behave themselves as becomes good subjects. (xii) You shall take care to give notice to H.M. by one of his principal Secretaries of State and to the Comrs. for Trade and Plantations of the effect of this Proclamation and expect H.M. further orders thereupon for your conduct towards such of the sd. French inhabitants as shall not have comply'd therewith by the time therein prefix'd. But in the mean while, you are to observe that the sd. French inhabitants of Nova Scotia have long since lapsed the time, granted them by the Treaty of Utrecht, for removing their effects from thence to any part of the French Dominions in America; and therefore if any of the said French inhabitants should notwithstanding the encouragement given them to become good subjects to H.M. resolve to remove out of your Governmt. you are to take particular care as far as in you lies, that they do no damage, before such their removal to their respective houses and plantations, and that they be not permitted to carry off their effects with them. (xii) And as it is not reasonable that such of the French inhabitants as shall neglect or refuse to take ye oaths of allegiance aforesaid, within ye time prefix'd, should enjoy ye same liberties and advantages with the rest of H.M. subjects in Nova Scotia, you are hereby directed, to debar them from fishing on the coast, till H.M. further pleasure be known concerning them. (xiv) You are to send to H.M. by one of his principal Secretarys of State, and to the Comrs. for Trade and Plantations an accot. of the number of the said French inhabitants remaining in that Province; Where their settlements are? Whether they live in townships, or are scatter'd at distances from each other? What trade they carry on, either with the Indians or otherwise? And how they employ themselves for the subsistance of their families? What number of ships they have? How they are employ'd? To what markets they carry the fish they catch? And what goods or commodities they bring back (and from what places) in return for their said fish? Also the like accounts with respect to such of H.M. natural born subjects, as are already setled in the said Province. (xv) You shall after your arrival there propose to the Governor of Canada to appoint one or more Commissaries in behalf of ye French, to be joined with such as you shall appoint on H.M. part to view the limits between H.M. territories and those of France bordering on Nova Scotia pursuant to the Articles of the Treaty of Utrecht and to such further Instructions as you shall receive from hence for that purpose; and you shall send a full account of your proceedings herein to one of H.M. principal Secs. of State to be laid before H.M. and to the Comrs. for Trade and Plantations as aforesaid, with your opinion upon the whole. (xvi) You shall live in good correspondence with the said Govr. and all other officers and subjects of the most Christian King, taking particular care that no violence be offer'd to them, whereby an occasion might be given to interrupt the friendship and good correspondence between the two Crowns, which more particularly in the present juncture. is so necessary for their mutual advantage, and in case the subjects of France should make any depredations upon those of H.M. or do them any other injury, you shall not make reprizals without further order from H.M., but you shall in an amicable manner demand redress of the Govr. of Canada, or such other officer as it may concern; But if it should so happen that he persist in justifying what such subjects of France may have done, and that either thro' his obstinacy or the dubiousness of the case, you shall not be able to adjust the difference between yourselves, in a friendly manner, you shall represent the same to one of H.M. principal Secretaries of State, and to the Commissionrs. for Trade and Plantations to be laid before H.M., acquainting the said Govr. or other officer in the first place with your intention so to do, and offering to impart to him your represn. of the case if he will, in like manner communicate to you what he writes to the French Court upon that subject. (xvii) You are notwithstanding to keep as strict a watch as possible upon the proceedings of the French at Cape Breton and in Canada and particularly you are to send to H.M. by one of his Secretaries of State and to the Commrs. for Trade and Plantations frequent accounts of their number, strength and situation—what commerce. they carry on—and what progress they have made in their settlement on the back of the British Plantations, especially with regard to the communication they are said to have opened from the Gulph and River of St. Lawrence to the Lakes of Ontario and Erie, and from thence down the River Missisipi to the Bay of Mexico. (xviii) You shall to the utmost of your power encourage the growth and production of timber, masts, tar, hemp and other Naval Stores, in the Province of Nova Scotia, and you are to enquire, what trees there are in the said Province fit for masts for the use of the Royal Navy and in what parts of the country they grow at what distance they are from any rivers whereby they may be the more commodiously brought down, in order to be shipt for this Kingdom. (xix) And you are in a particular manner to signify H.M. express will and pleasure to all the inhabitants that now are or hereafter shall come to settle there, and to take care yourself, that no trees fit for masts for the future, of the diameter of 24 inches and upwards at 12 inches from the ground be cut without H.M. particular licence. (xx) You are to endeavour to get a survey made of the said Province of Nova Scotia as soon as conveniently may be; and in the mean time you are to send to H.M. by one of his principal Secretaries of State, and to the Commrs. for Trade and Plantations the best description of that country you are able to get, with relation to its extent and situation, with respect to ye neighbouring French of Canada and Cape Breton. (xxi) You are also to send the most particular account you can of ye nature of the soil. What swamps there are in it? and whether those swamps do produce mast trees, or by drayning may not be made fit for raising of hemp? What other products the country is capable of? and how the same may best be improved for the advantage of this Kingdom? and what trade may be carried on with the Indians for furrs and otherwise? What navigable rivers there are in ye said Province and what others fall into them? (xxii) And whereas we have judged it highly necessary for H.M. service that you should cultivate and maintain a strict friendship and good correspondence with the Indian Nations inhabiting within the precincts of your Governmt. that they may be reduced by degrees not only to be good neighbours to H.M. subjects. but likewise themselves become good subjects to H.M., we do therefore direct you upon your arrival in Nova Scotia to send for the several heads of the said Indian Nations or clans, and promise them friendship and protection on H.M. part. You will likewise bestow on them, as your diseretion shall direct, such presents as you shall carry from hence in H.M. name for their use. (xxiii) And as further mark of H.M. good will to the said Indian Nations; you shall give all possible incouragement to intermarriages between H.M. British subjects and them for which purpose you are to declare in H.M. name, that H.M. will bestow on every white man being one of His subjects, who shall marry an Indian woman, native and inhabitant of Nova Scotia, a free gift of the sum of £10 sterl. and 50 acres of land, free of quit rent for ye space of 20 years, and the like on any white woman being H.M. subject who shall marry an Indian man, native and inhabitant of Nova Scotia, as aforesaid. (xxiv) And whereas it will be of advantage to H.M. service and highly beneficial to the trade of Great Britain, that the said Province of Nova Scotia be peopled and settled as soon as conveniently may be; as an incouragemt. to all H.M. good subjects, that shall be disposed to settle themselves and their families there; you are hereby directed to make grants of such lands in fee simple as are not already disposed of by H.M., to any person that shall apply to you for the same; reserving nevertheless to H.M., his heirs and successors an annual rent of one shilling, or of three pound of hemp, clean, bright and water-rotted for every fifty acres so granted, at the election of the grantee; the said rent to commence three years after the making the grant, and not before; you are to take especial care, that there be a clause inserted in all ye said grants, declaring, that if any grantee shall refuse or neglect to pay the abovementioned rent for the space of three years, after ye same shall become due, his patent shall henceforth be null and void to all intents and purposes whatsoever, (xxv) But as great inconveniencies have arisen from suffering one single Proprietor to possess too large tracts of land in H.M. Plantations. It is H.M. express will and pleasure, that for the better settling and peopling ye Collony under your Government, that you do not, upon any pretence whatsoever, grant unto any one person above the number of 500 acres; It being H.M. intention that no person whatsoever either in his own name or any others in trust for him, do hold any more than 500 acres as aforesaid until H.M. further pleasure shall be known thereupon. And in all such grants of land as you shall hereafter make; you are to have particular regard to the profitable and unprofitable acres, that is to say, that no man shall have his whole grant run lengthways upon the banks of a river, but that a due proportion of what shall be granted to him do run from ye river upwards into the country. (xxvi) And whereas it is and hath been a common practice in H.M. Plantations in America for persons to take out patents for sundry tracts of land without being in any condition to cultivate the same; you are hereby directed to cause a clause to be inserted in every grant of land by you to be made, as aforesaid; whereby the said grant shall become void and null to all intents and purposes, if the grantee or his assigns do not cultivate, inclose, plant or improve at least one tenth part of the lands granted within the space of three year, to be accounted from the date of ye patent, and so progressively one other tenth part within the space of every other subsequent three years, until the whole tract of land contained in the said patent shall be cultivated, inclosed, planted or improved. (xxvii) And that H.M. may at all times be exactly informed of the state of the Province, particularly with respect to the lands that shall be granted; you are to cause a book to be fairly kept wherein shall be registred all ye grants made by you specifying the names of the grantees, the number of acres granted, with their scituation and boundaries and the quit rents thereon reserv'd together with ye dates of each respective grant. And you are to transmit to H.M. by one of his principal Secretaries of State and to his Commissrs. for Trade and Plantations, transcripts of such registers at least once a year. (xxviii) But as it is H.M. pleasure that certain tracts of land which shall be found upon a survey, to be most proper for producing of masts and other timber for the use of the Royal Navy, lying contiguous to the sea coast or navigable rivers, be reserved for H.M. service; you are not to grant any lands till such tracts shall have been marked out and set apart for H.M. use, not amounting to less than 200,000 acres in the whole, in which you shall strictly forbid all the inhabitants of Nova Scotia, or others that may come there, to cut any trees of any dimensions whatsoever, upon pain of H.M. highest displeasure and of the utmost penalties the Laws can inflict. (xxix) It being H.M. intention to give all possible incouragement to the trade of all His subjects; you are to use your best endeavors that the fishery on the coast of Nova Scotia be encouraged and protected; and in order thereunto you shall not allow any settlements to be made on the coast, but what shall be at 200 yards distance from the sea or harbour, that there may be sufficient room left for beaches, flakes, stages, cook-rooms, and other necessary conveniencies between the said settlement and the sea, for any of H.M. subjects that shall come to catch and cure fish there, who are not to be impeded, molested or disturbed in their curing their fish, upon any pretence of grants or settlements upon the coast. Nor shall any of the planters and inhabitants demand any sum or sums of money or other acknowledgement from the fishermen for the liberty of curing upon the coast, unless they provide stages and cook-rooms with a shore man to each stage, and the usual necessaries for such fishing ships, as is done at Marblehead in New Engld. And in such case they shall ask no more than 12d. in New England money for every quintal. (xxx) And to render the commerce of H.M. subjects in Nova Scotia, more commodious and practicable, you are to take especial care in all such grants of land as you shall make, pursuant to your Commission and these Instructions, that a continued space of land on the banks of all creeks and rivers, of the breadth of one hundred yards, be reserved free and common to all passengers and publick uses whatsoever. (xxxi) Whereas there have been great complaints that H.M. soldiers in garrison at Annapolis have been very ill treated with regard to their clothing and provisions, and in several other respects; you shall make particular enquiry into any abuses of this kind that may have been heretofore, and transmit an account thereof to H.M. Secretary at War; and you shall take care that no occasion be given hereafter for complaints of this nature. (xxxii) And whereas the settlements which have been made by H.M. subjects in Newfoundland have by experience been found prejudicial on many accounts to the trade of Great Britain, and it being apparently more for H.M. service and the intrest of his Dominions, to establish a British Colony in Nova Scotia sufficient to support its self against any attempts of other European nations and of the neighbouring Indians; you shall use all proper methods for inducing the present inhabitants of Newfoundland to remove to Nova Scotia as well for the better settlement and strengthening of that Colony as for improving the Fishery in those parts. (xxxiii) And in order thereunto, you are hereby impowered to grant 100 acres of land to each family that shall transplant themselves from Newfoundland and settle under your Governmt. under the abovementioned Instructions for improvemt. of the said land to be held at a pepper corn rent for the first 20 years, from H.M., his heirs and successors, but to be afterwards subject to the same quit rents as shall be payable according to the preceding Instructions etc. (xxxiv) The Officers of H.M. Ordnance having in pursuance to ye directions given in that behalf, appointed the making of a redoubt and other works at Placentia, which are judged sufficient for securing the fishery of H.M. subjects there, you shall give all the protection and assistance you are able to ye persons employ'd in raising the said fortifications. And when they shall be finished, you shall with the first convenient opportunity remove the garrison from thence to Annapolis Royal, leaving only such a number of men there, not exceeding 50, with proper officers as you shall judge sufficient for the defending of those works. (xxxv) You shall strictly enjoin both the present and future garrison of Placentia and all H.M. Officers and soldiers, and other persons whatsoever belonging thereto, not to concern themselves in the fishery there nor interrupt the fishermen in ye curing of the fish nor to take up for themselves any beaches, stages or cook-rooms upon any pretence whatsoever, upon pain of H.M. highest displeasure. [C.O. 218, 1. pp. 417–448.]
June 19.
Whitehall.
256. Mr. Popple to Col. Mathew. Reply to 12th June. Their Lordships did not at all design any reflection upon you, etc. [C.O. 153, 13. p. 414.]
June 19.
Whitehall.
257. Council of Trade and Plantations to the Lords Justices. Recommend repeal of Act of New York reviving an Act for the easier partition of lands in joint-tenancy. Quote Mr. West's report, 6th May, q.v. Set out, N.Y. Col. Does. V. 527. [C.O. 5, 1124. pp. 107–109; and (corrected draft) 5, 1079. No. 109.]
June 20.258. General Nicholson to the Council of Trade and Plantations. Last night I recd. yours of yesterday's date etc. I have no such thing as the King of France's Order for the cession of Nova Scotia etc. Signed, Fr. Nicholson. Endorsed, Recd. Read 23rd June, 1719. ½ p. [C.O. 217, 2. No. 77].
June 23.
Admiralty Office.
259. Mr. Burchett to Mr. Popple. Refers to letter of Dec. 27th, 1717 etc. Continues: Mr. Coleman having represented that Governor Sir N. Lawes, hath declared unto him, that my Lords of the Admiralty have nothing to do with the said storehouses, they being imediately under his care, as having been built at the charge of the Island, they desire you will let me know what answer the Lords of the Council for Trade and Plantations have received from Sir N. Lawes to their letter. Signed, J. Burchett. Endorsed, Recd. 23rd, Read 25th June, 1719. Addressed. 1 p. [C.O. 137, 13. No. 28; and 138, 16. p. 183.]
June 23.
London.
260. Mr. Vaughan to the Council of Trade and Plantations. When I was Lt. Governor of New Hampshire, I suspended Saml. Penhallow from the Councill and dissolv'd the genll. Assembly etc.; wch. I immediately advis'd your Lordships off; for wch. my so doing, Col. Shute, when he came into the Government called the Councill, and suspended me as Counceller, for acting as Lt. Governor, restored Penhallow to his place; called ye sd. dissolved Assembly, eight dayes after their dissolution; wch. was minuted in the Councill and Assembly Records; and perswaded most of them to sitt and act as an Assembly; wch. they do to this day; and those who would not act (and gave reasons to ye contra) were taken into custody of the Sherriff, and bound to their good behaviour, without limitation of time, which bonds continue still in force. In a little time after these things hapned, my Commission was superceeded, which gave me opportunity to come home etc. I gave yr. Lordships an account, not doubting but complaint would come against me. I have been here almost a year, and cannot find anything alledged. I think myself and the Govermt. injured. Prays for their resolution upon enclosed copies of records etc. Signed, George Vaughan. Endorsed, Recd. 25th June, Read 1st July, 1719. 1 p. [C.O. 5, 867. No. 38.]
June 24.261. Office accounts of the Board of Trade, March 25—June 24, 1719 v. Journal of Council. [C.O. 388, 77. Nos. 59, 61, 63, 64.]
June 24.
Whitehall.
262. Mr. Popple to Mr. West. Encloses, for his opinion thereon, four Acts of Antegoa, 1718, 1719, (i) for declaring the qualification of those who shall vote for Assembly or Vestry men, or serve as such, and for ascertaining the rules, rights and priviledges of the Assemblys. (ii) To quiet present possessors of lands to limit actions and avoid suits in law. (iii) for establishing a Court of King's Bench, Common Pleas and Errors for the better regulating and settling due methods for the administration of Justice and limiting a time for issuing execution out of the Court of Chancery in this Island. (iii) An Act for raising a tax of £5,000 current and lawfull money of this Island for paying publick debts and charges over and besides the duties already laid on liquors and lands by certain Acts of this Island. Encloses reports by former Attorney General upon Acts of the like nature etc. [C.O. 153, 13. pp. 418, 419.]
June 25.
Admiralty Office.
263. Mr. Burchett to Mr. Popple. I have received an answer from the Commissioners of the Victualling (v. 10th and 11th June), that they have wrote to their correspondent at Barbados (who is under contract with them to supply the ships both there and at the Leeward Islands) to take effectual care to supply the ship situated at the Leeward Islands with provisions at the said Islands etc. Signed, J. Burchett. Endorsed, Recd. 25th, Read 26th June. 1719. Addressed. 1 p. [C.O. 152, 12. No. 141.]
June 25.
Whitehall.
264. Order of Lords Justices in Council. Referring Act of New York for paying several debts of that Province etc., to the Council of Trade and Plantations for their opinion thereupon. Signed, Robert Hales. Endorsed, Recd. 10th, Read 16th Sept., 1719. 1 p. [C.O. 5, 1051. No. 98; and 5, 1124. pp. 118, 119.]
[June 25.]265. Copy of letter from M. Pontchartrain to Governor the Marquis de Vaudreuil, informing him of the cession of Nova Scotia, Newfoundland, and Hudson's Bay to Great Britain, to which he is to conform etc., Marly, 6th May (N.S.), 1713. Signed, Pontchartrain. Endorsed, Recd. (from Col. Moody,) Read 25th June, 1719. French. 1 p. [C.O. 217. 2. No. 78.]
June 25.
Whitehall.
266. Order of Lords Justices in Council. Approving Representation of 19th June, and Commission and Instructions of Governor Philips, and ordering accordingly. Set out, A.P.C. II. No. 1320. Signed, Robert Hales. Endorsed, Recd. 10th, Read 16th Sept. 1719. 1¾pp. [C.O. 217, 2. No. 88; and 218, 1. pp. 450, 451.]
June 25.
Whitehall.
267. Mr. Popple to Richard West. Encloses, for his opinion thereon, two Acts of Jamaica, 1718, (i) to oblige the several inhabitants to provide themselves with a sufficient number of white people etc., (ii) for the encouragement of voluntary parties to suppress rebellious and runaway negroes. [C.O. 131, 16. pp. 214, 215.]
June 25.
Whitehall.
268. Mr. Popple to Mr. Burchett. Reply to June 23rd. Sir N. Lawes has not yet return'd any answer to the letter writ him 9th Jan. 1718. [C.O. 138, 16. p. 184.]
June 25.
Whitehall.
269. Order of Lords Justices in Council. Referring to the Lords of the Committee for their opinion the Representation of the Council of Trade, 9th April, and Mr. Byrd's petition for leave of absence from the Council of Virginia for one year longer. Signed, Robert Hales, Endorsed, Recd. 10th, Read 16th Sept., 1719. 1 p. [C.O. 5, 1318. No. 69.]
June 26.
Boston.
270. Mr. Bridger to Mr. Popple. Refers to executions obtained against Elisha Davis of Haverhill and John Sincler and Jeremiah Bean of Exeter, for destroying trees fit for masts. The lawyers say I cannot prosecute now, being out, and that the subject cannot be in one writt with the Queen, or King, etc. Asks for directions. I have used my utmost endeavours to bring these offenders to the obedience of the law tho' they have proved ineffectual. Prays that their Lordships will order the Attorney General here to prosecute these offenders etc. Continues: The Assembly here after more than a month's sitting with great perswasion and arguments were prevailed upon to droop the duty upon English goods etc. I offered the Governor the same Act that was pass'd in New Hampshire relating to the preservation of the tar tree, but it was not minded but shall endeavour for it the next sessions. I am very well informed here that the Agent offered my post to Mr. Coram, but he asked so much money that Coram refused, what Mr. Burniston gave, I cannot tell, etc. The Agent kept back the leter you gave for me, and arranged that Mr. Armstrong should have his deputation before I had your leter etc. Hopes to be restored. The Assembly here has not given the Agent any money, and are very angry with him and say they will have no more to do with him. I cannot omit giving your Honr. an account of the growth of the woolen manufacture in this Province in a great many sorts, as cloths, serges, shaloons, kerseys, all sorts of stuffs allmost, and some linnin, and there is scarce a country man comes to town or woman but are clothed [in their] own spinning. Every one incourages the growth and manufacture of this country, and not one person but discourages the trade from home, and says tis pitty any goods should be brought from England, they can live without. There is one thing which very much helps in this most pernitious trade to Great Britain, and that is cotton wool imported here from the West Indies, which is mixed with wool and flax and they makes both woolen and linnin therewith. Proposes prohibition of export of cotton wool from the West Indies into this and Road Island Governments, which would prevent near the halfe of the woolen and linnin, that is wrought up in these two Governments. There is on Nantucket 20,000 sheep, and all that wool for want of the officers looking after the prosecuting the Act which renders all wooll water bourn seizable is brought into this Governmt. etc. It is the same at Road Island wch. breeds many thousand sheep and upon Block Island about 5 leagues from them many thousand more and in the Naraganset country more yet. Here has been many years a jealosie of some merchts. shipping some of those woolls abovementioned for France; and I querey whether the carieing of such wooll to France, be a greater prejudice to the manufacture of Great Britian, than for the people here to spin and cloath themselves with such wooll. If some care be not soon taken those people here will be able to live without Great Britain in a little time than there ability joyned with their inclinations will be of very ill consequence. I cannot say here are any that have a dutyfull regard to England or promotes its wellfare tho' it gave them breath. I beg you would remind their Lordps. of my being of the Council etc. There is one that died in May last etc. Proposes, for settling Annapolis Royal, that the tenure of lands there should be so many hundredweight of hemp according to the quantity of land granted etc., and that those near the woods should deliver two masts annually, and forfeit their lands if they cut any mast tree without leave etc. Signed, J. Bridger. Endorsed, Recd. 27th Aug., Read 10th Sept., 1719. 4 pp. Enclosed,
270. i. Minute of Council in Assembly of New Hampshire, May 2nd, 1719. Thanks voted to John Bridger for promoting the two Acts for encouraging of Naval Stores within this Province etc. Copy. 1 p. [C.O. 5, 867. Nos. 46, 46 i.]
June 26.
Whitehall.
271. Council of Trade and Plantations to Lt. Governor Spotswood. Acknowledge letters of 27th Feb., 7th and 20th March, 24th June, 14th Aug., 27th Sept., 22nd Dec., 1718, 5th Feb., and 25th March, 1719. Continue: We have not heard anything yet of the success you or Brigadr. Hunter have had in setling a firm peace with the five Nations of Indians, which we shall be glad to be inform'd off so soon as it shall be done. In answer to what you write abt. a Bermuda sloop seiz'd for importing French sugars, we must refer you to our letter of 4th July last, copy inclos'd etc. We take notice of what you wrote in relation to the state of the Revenue in Virginia and particularly what you observe upon the quit rents, and must desire to know of you whether all grants of land there are register'd, and in what Office it is done, for we cannot but believe it has or at least should have been a constant practice. We have sent the Act of Assembly you mention by which three years non payment of quit rent is a forfeiture of the land, to Mr. West one of H.M. Council, for his opinion whether that Act does affect the grants made before the passing thereof, or only such as shall or have been made after it, and as soon as we shall have receiv'd his answer we will write to you at large upon the subject of the quit rents. In answer to what you write in relation to Mr. Bird, to the Courts of Oyer and Terminer and to the Address of the Assembly; enclose copies of representations. We think you have done very well in not agreeing to the scheme the Council had projected to get £100 a year setled upon each of them as a salary out of the quit rents; as also in not passing the bills for regulating of fees, with the clause they had tack'd to it for lessening the power the King has granted to the Secretary of placing and displacing County Court Clerks. We observe what you write, 24th June, concerning the bill that had pass'd the Council and Assembly relating to the Post thro' Virginia and Maryland etc. Enclose copy of Post Master General's answer. As to the 4 Acts sent us 14th Aug. last we have resolv'd to let them lye by probationary, But upon this occasion we must take notice to you that when any private Acts are sent over the parties concern'd in those Acts should appoint some persons here instructed in the subject matter of the said Acts that they may be able to answer any objections those may be liable to. What you write, 14th Aug., relating to the dispute with some of the Council about collating to Ecclesiastical Benefices has according to your desire been referr'd to Mr. Sollicitor General whose opinion thereupon as likewise the opinion of Mr. West concerning your power of proroguing Assemblies under adjournment are here inclos'd with which we entirely agree. We have seen the several Proclamations you have sent us, particularly that for preventing the unlawful concourse of people who have been guilty of piracy, and must commend your prudence and care in this matter. We have receiv'd the accts. of the imports from the Maderas and Western Islands, and desire you will continue to give us the like at least once a year; We have sent to one of H.M. Principal Secretarys of State what you write relating to the French settlements in Louisiana etc. We shall be glad to be inform'd of anything further that may occur to you in relation to this matter. We take notice of the difficulties you apprehend in getting a law pass'd in Virginia to prevent the abuses committed in the manufacturing pitch and tar, but upon this occasion we are to inform you that there has pass'd a clause in an Act of Parliament this last Session to remedy this abuse, which Act we herewith transmit to you. We are very much surpriz'd the Assembly should offer to re-enact the Law declaring who shall not bear office etc. without leaving out those clauses for which it had been repeal'd here, especially when the reasons for repealing the same had been communicated to them, and therefore you have done well in discouraging such an attempt. That you may be the better inform'd how to behave yourself in relation to the effects of pirates we send you a copy of Sir E. Northey late Attorney General and Sir Wm. Thomson H.M. present Sollicitor Genl. their opinion upon the matter. Enclose Order in Council appointing Cole Digges to be of the Council etc. (April 10). We take notice of the complaints that you mention the Assembly have lately exhibited against you; all that we can say at present (nobody having yet apply'd on that subject) is that you may depend upon all the countenance and support that we can give you which we think you have deserv'd. Your correspondence with us has been so exact and punctual that we cannot in justice loose this occasion of acknowledging it and thanking you for it, and to desire you to continue it for the future. We send you here inclos'd a list of such publick papers as are wanting in our Office, and desire that you would let us have them by the first opportunity. You will herewith receive for your information some observations we have made upon several Virginia Laws, and as to the Act to prevent the malicious burning or destroying the publick storehouses of tobacco agents, past in 1714, we must take notice that the Act upon which this is grounded having been repeal'd by H.M. this ought of consequence to be repeal'd also, but considering that this Act is now very near expiring, and that it is to preserve the store-houses already built, we shall let it lye by, however we desire you would let us know of what use those store-houses are at present, the Act by which they are built having been repeal'd, that is to say whether they are made use of for any publick service or whether they are rented out or sold to private persons. By the Naval Officer's Lists we see what quantities of tobacco are imported into England, but as we want particularly to be inform'd of the quantity sent to Scotland, we desire you to send us annually as particular an acct. thereof as possible, and that you would endeavour to get the like acct. from the Governor of Maryland. It being for H.M. service that we be at all times acquainted with the absence of Councillors from their posts in the Plantations we desire that whenever you give leave to any member of H.M. Council in your Government to be absent from his post, that such leave be under your hand and seal, and that you forthwith transmit to us a copy of such licence of leave as also an acct. when such Councillor departed your Government and to what place he is gone. Enclose following, to which we desire as particular an answer as you are able to give. Annexed,
271. i. Queries to Colo. Spotswood. (i) What number is there of inhabitants, how that number is increased or decreas'd of late years? and what is the number of the Militia? What Forts or places of defence are there, and in what condition? What is the strength of the several Nations of Indians in the neighbourhood of Virginia? And are their inclinations for us the French or Spaniards? What is the condition of the Spanish settlement at St. Augustine? What advantage might it be to this Kingdom to have this place taken from the Spaniards? and by what means this might be most easily accomplish'd? How the French settlement on the Mississippi may affect any of H.M. Plantations whether they have seiz'd the Fort of Pensacola belonging to the Spaniards, and what can be done to prevent any hazzard or inconvenience H.M. Plantations may be expos'd to from these settlements? What number of ships or other vessels are there belonging to the Province, where built and what number of seafaring men? What manufacturers have settled there of any sort whatsoever? and what manufactures have been set up? Are there any mines and of what sort? Whether any inhabitants of the said Colonies have remov'd and what way you conceive most proper to prevent the removal of others into any of the neighbouring Provinces? What trade is there in Virginia by exportation or importation; How and in what particulars is this trade increas'd or decreas'd of late years, and what is the reason thereof? What are the present methods us'd to prevent illegal trade, and what further methods do you think adviseable for that purpose? What is reckon'd to be the annual produce one year with another of the several commodities in Virginia? What trade has Virginia with any foreign Plantations, or any part of Europe besides Great Britain? How is that trade carried on ? What commodities do the Virginians send to or receive from foreign Plantations? [C.O. 5, 1365. pp. 198–208.]
June 26.
Whitehall.
272. Mr. Popple to Maurice Birchfield, Surveyor General of the Customs in So. America. My Lords Commissrs. for Trade and Plantations desire, that you would please to write to Mr. Kay, Collr. of the Customs at Rhode Island to send over hither copies of either old or new laws passed there, which are prejudicial to Great Britain; and that you would signify the same to the rest of the Collectors in ye other Proprietary Governments, and communicate what answers you receive to my Lords etc. [C.O. 5, 1293. pp. 177, 178.]
June 27.273. Mr. West to the Council of Trade and Plantations. Reply to Oct. 22, 1718, as to H.M. right of presentation etc. to benefices in Virginia. Since the Prerogative of the Crown cannot be lessen'd or taken away by any generall words whatsoever, but only by expresse terms: I am of opinion that notwithstanding anything contained in the clauses referred to, the King's Prerogative remains untouch'd and entire as to his right of collating to vacant benefices. Signed, Richd. West. Endorsed, Recd. 1st, Read 15th July, 1719. 5 pp. [C.O. 5, 1318. No. 67.]
June 29.
Boston.
274. Mr. Bridger to Mr. Popple. In reply to letter will be glad to informe their Lordships what he can, but here is no living without a salary etc. Continues: In all places of this Govermt., there is some land proper for hemp, the only thing wanting is seed, and proper Acts for the incouragement of the sowers. I have talked to these people 20 years to no purpose. If essays were made in some proper places, these obstinate people would then see their intrest etc., but they will want instructions and that they will plead, unless I stayed. I know a great many places that is very full and rich in iron ore, which has been tryed in my sight etc. It is equal to any, easily melted and very productive, this is in New Hampshire whence may be imported into Great Britain 100 tons from two work's only yearly, if proper encouragmt. be allowed. As to pot ashes here is every ingredient required, but want of knowledge and workmen to make it rightly is wanting. I was [? concerned in an es]say of this specie 19 years since but for want of knowledge in the making of it we lost £50 a man (but yet) were here workmen sent over understanding the making of pot ashes it would answer without any doubt. As to Nova Scotia, there are thousands of acres fitt for hemp. and many large swamps of good pine worth preserving for H.M. etc. Replies to enclosure, "part of the Agent's letter to Mr. Speaker." The Assembly examined into my Memorial when I was at Piscataqua, and I knew nothing of it till two months after. Had I been heard, I should have proved every article, to their great confusion and shame; it was well for them I was absent, for by that means they preserved their beloved Idol etc. Refers to Order in Council, 30th April, 1691, declaring the former Charter vacated etc. Main, become a part of Massachusetts by purchase, falls therefore under same restrictions of the new Charter etc. If the people will denie the only thing that the Crown has reserved in their Charter, those will denie all things else, nor has H.M. Officers any business here, and he that affronts, abuses, and destroys all that belongs to H.M., have the greatest applause etc., and has the name of being a brave, bold fellow and stands up for the Charter: a great part of this I heave heard from their pulpits. As to the present state of the Province of Main, it is seteling by the virtue and power of old Indian grants when a span of land was got for a gallon of rum, that is extend your hand as open as possible, then bring the hand cloose to the eye looking upon the horizon and so far as the little finger and thumb extends from each other from the top of each of them, on that horizon is called a span which perhaps is 20 miles. Others of the same company for there is but 6 or 7 of those new Proprietors who has bought all the old deeds and claimes that any one pretended to have in that part of the Province being the eastermost part, they now have devided this purchass into shares the upermost devision is 70 miles the least from the sea. In this tract there are great numbers of the best sort of mast pines etc. I have now a flaming and fresh instance to prove the Assembly's loyalty to the King, and their obedience to his orders, and love of his officers; vizt. [—] are come to a resolution, not to take of the duty from English goods, nor will they support the Governour this they give out. Truly those good people deserves the duty to be taken of their lumber etc. Asks for 100 bushells of this year's hemp seed etc. I am sure the New Hampshire people will goe on this manufactury. I wish I could say as much for these people here, who neither produces their own bread, beef, nor porke, nor Indian corn; Virginia and Maryland has restrained the export of any wheat or Indian corn, should the other Provinces betwixt them and this these people would starve. Notwithstanding these circumstances, the Assembly has this sessions thrown out a bill, that was for the improvement and to encourage husbandry etc. Good beef 7d., mutton 6d., porke 9d., butter 10d., wheat 10s., Indian corn, 6s. 6d. pr. bushell. As for those people that live near the woods, they never will change their manner of living as long as there is a tree standing, and tis in vaine to pretend to save the woods when there is an Act of Parliament that allows of cutting all mast trees from 24in. diameter and downwards, which I fear will be the largest tree in the woods in a short time if another Act be not passed which I proposed to their Lordships some time since, and I see the necessity of it appears every day more plain. Unless Mr Cooke and his adherents were transported to some other place not to return. Cooke is now in the Assembly and opposes all that he and his party do not like, tis that party that makes all the disturbance in the Govermt., etc. Signed, J. Bridger. Endorsed, Recd. 27th Aug., Read 10th Sept. 1719. Torn. 4 pp. Enclosed,
274. i. Extract of letter [? from the Agent of the Massachusetts Bay to the Speaker of the Assembly v. preceding]. The Board of Trade are very angrey upon a memorial by Mr. Bridger complaining of us, that we denigh ye King's right to any woods in the Province of Main. I answered that it was only a particular gentleman of the Council whom Mr. Bridger accused and that the Governour had shewn his resentment in behalf of the King by refuseing yt. person a seat at the Council board. Their Lordships insisted that the Assembly had owned and supported him and were themselves in the same sentiments but I product the Journals of the Assembly whereby it appeared they had examined into the matter of the complaint and came to a resolution that Mr. Bridger had not made out the allegations in his Memorial. I said I had no Instructions about the King's claim to these woods, but apprehended the Crown had no manner of right to them, haveing granted the lands and all the appurtenencys to Sr. Ferdinan Gorge without any reservation, who conveyed them again to the Province etc. Upon another heareing, their Lordpps. mentioned an Act of the 9th of the Queen reserveing all trees fitt for masts to the Crown in lands not the propriety of privit persons. I answered I thought it was never the meaning of any Act of Parliament to break into the subjects property wheather it was yt. of a privit person or a Corporation etc. It was refered to Mr. West, who alledged that no Corporation can purchas lands without a special licence which it did not appear we ever had. I found it easey to remove this objection by turning to ye Charter which confirms the purchas etc. Copy. 4 pp. [C.O. 5, 867. Nos. 44, 44. i.]
June 30.275. Mr. West to the Council of Trade and Plantations. Reply to May 1st. I am of opinion that tho' the said Acts of Virginia were intended for the benefitt of the subjects in that Province yet there is nothing contained in them which can discharge the Patentees antecedent to the making of those Acts from the payment of their quitt rents. The payment of the quitt rents reserved was a condition annext to their estates, nor is there anything in these Acts to preclude the Crown from taking any advantage which by the Common Law might be done, of the breaking of that condition, tho' at the same time the King has a concurrent remedy for the recovery of his quitt rents since I am clearly of opinion that all patentees of what date soever are within the purview of the clause contained in the second of the abovementioned Acts and that they may be legally prosecuted thereupon. Signed, Richd. West. Endorsed, Recd. Read 15th July, 1719. 2 pp. [C.O. 5, 1318. No. 68.]
June 30.
Whitehall.
276. Mr. Popple to Mr. Burchett. Encloses extract of Sir N. Lawes' letter, April 28, relating to money due to the Victualling Office. [C.O. 138, 16. pp. 219, 220.]