America and West Indies
June 1721, 1-15

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Institute of Historical Research

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Cecil Headlam (editor)

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1933

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329-346

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'America and West Indies: June 1721, 1-15', Calendar of State Papers Colonial, America and West Indies, Volume 32: 1720-1721 (1933), pp. 329-346. URL: http://www.british-history.ac.uk/report.aspx?compid=74118 Date accessed: 20 October 2014.


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Contents

June 1721, 1-15

June 1.
Boston.
514. Governor Shute to the Council of Trade and Plantations. The packet I have by this ship sent to the Secretary would have been sooner dispatched had not there been one Assembly more this year than usual; at all which Assemblys the Secretary of the Province is obliged constantly to attend which has prevented him from finishing these Minutes so soon as I could have wished etc. The House of Representatives in the two last Sessions have in many of their proceedings not paid their just duty to the King's Royal Prerogative, but have endeavoured to exceed the bounds, granted to them in the Royal Charter; neither have they had a just regard to H.M. Instructions given to me their Governour, which I have often communicated to them etc. I have always strenuously endeavoured to ascert the Royal Prerogative (for which I have not a little suffered as to my own private interest) and cannot but say H.M. Council have in a great measure assisted me in it. I shall not enter into the particular points etc., because the Minutes and papers herewith transmitted will give your Lordps. a full and perfect accompt etc. Refers to his Speech at the dissolution of the late Assembly etc. Continues:—The House of Representatives generally consist of persons (better adapted to their farming affairs than to be Representatives of the Province) who are drawn into any measures by the craft and subtilty of a few designing persons who when they are indeavouring to invade the Royal Prerogative make the unthinking part of the Assembly believe, that they only are asserting the just priviledges of the people, and by this false guise these men become the favourites of the Populace who believe them to be the only patriots of their country. At the head of this party precides one Elisha Cooke Esq., who was removed out of the Council for denying H.M. title to the woods in the Province of Main, notwithstanding the Acts of Parliament made in that case, and in the last Sessions of Assembly continues to persue the same measures to the great prejudice of the Crown of Great Brittain which will more fully appear by the papers I have now transmitted. I think the Indians in these parts are at present brought into a very good temper by the forces I have sent and measures I have taken and I shall use my best indeavours to keep them so, tho' I must own they are very uncertain in their tempers, and will maintain a good correspondence with these Provinces no longer than when their Priest tells them twill be consistant with their interest to do etc. Signed, Samuel Shute. Endorsed, Recd. 2nd. Read 9th Aug., 1721. 3 pp. Enclosed,
514. i. Answer of the House of Representatives of the Massachusetts Bay to Governor Shute's Speech. March 21, 1720 (i) Complain that their bill for emitting £100,000 in publick bills of credit was rejected by the Council last sessions. A further medium of trade is needed. To prevent a further emission of bills depreciating those already outstanding, they passed a bill last sessions and again this to prevent exchanging silver at higher rates than stated by Act of Parliament. Had such an Act been made at the first issueing out the Paper Bills they had to this day been in equal value to silver money etc. The reason why the bill to prevent trading with the French at Cape Briton did not pass the House last sessions was because such an Act could add no power to the Treaty of Neutrality. If any do so trade there, (and they know of none such) "those Gentlemen commissioned from home to inspect those matters doubtless have and will discharge their duty." Had proper methods been taken to discover and punish the inventor or publisher of a libell called News from Robinson Cruso's Island reflecting upon the Representatives last session, few would have dared to publish any others of that nature. Should an Act be made to prevent the printing any book or paper without licence first obtained from the Governour no one can foresee the innumberable inconveniencies and dangerous circumstances this people might labour under in a little time. For this Court to send a present to the Five Indian Nations in conjunction with some of our neighbours we cannot think adviseable at this time for as we know not what number of families those Nations consist of neither are we apprized what our neighbours intend to send them etc. We still apprehend the allowances of this year to your Excellency is as much as the honour and service of this Government call for etc. Signed, Timo. Lindall, Speaker. Same endorsement. 3 pp. [C.O. 5, 868. ff. 66–67, 68v.–70v.]
June 7.
Whitehall.
515. Council of Trade and Plantations to Lord Carteret. Enclose copy of Lt. Governor Bennett's letter, 21st April, relating to pirates. [C.O. 38, 7. p. 367.]
June 7.
Whitehall.
516. Mr. Popple to Mr. Burchett. As preceding, for the information of the Lords Commrs. of the Admiralty. [C.O. 38, 7. p. 368.]
June 7.
Barbados.
517. Judge Scrutton to J. F. [Col. Frere]. After ye 8 members of ye Assembly made yt. glorious retreat President Cox convened ym. for ye Tuesday following to make provision for ye reception of ye Lord Irwin, Col. Ramsay by appointment of his bretheren waited on ye President wh. ye Remonstrance etc. (v. 13th May). When he found yt. speceous pretence would not decoy our friends into a snare he putt several queres to ye Attorney General in writing which were answered but not agreeable to his designs notwithstanding ye opinion of ye Attorney General yt. ye President could not issue new writtes for ye eight members whout. ye whole yet he hath attempted to issue writtes for ye sd. four Parishes wh. writtes for St. James and St. Andrews where ye writtes were stiffled, as for ye two last parishes we are very secure by wch. you may see what was ye occasion of those two writtes were suprest. St. Phillips and St. Thomas are in great danger our adversarys having made in ye first forty eight or fifty new votes and in ye latter twentyeight, Mr. Harper hath made thirteen out of his own estate yt. doth not consist above 150 acres. Encloses Representation signed by eleven parishes etc. Continues: We had on Munday last a Corke man yt. brought ye unfortunate news, (if it be true) of ye death of ye Lord Irwin who departed this life ye 10th of April last of ye small-pox. This acct. hath wonderfully damped ye sperits of our friends and not a little invigorated our enemys etc. You and our friends at home must secure his successor etc. If [Mr. Cox's] government remains six months without some check we shall be obliged to quitt and go off, etc. 5th of this instant came on ye Election for ye six parishes, St. James had no opposition, St. John, St. Lucie and St. Andrews we carried wth. great majority, St. Philips was carried by near twenty. Judge Sanford had putt up John Sanford instead of Thomas and there were near thirty votes upon ye poll before ye mistake was discovered wch. he immediately rectified by scraching John out and putting in Thomas, this is a step very extraordinary but we are become so accustomed to ym. of late, yt. we cannot think anything strange and illegal. St. Thomas election we should have carried but our adversarys perceiveing themselves outdone fell to quarrelling and in ye hurly burly broke up ye poll, they riding ye fore horse at yt. juncture. I do not doubt but Mr. Prideaux will make a return in favour of Messrs. Downes and Harper. Ye Representatives of ye four parishes yt were expelled by ye President entered a protest to ye Sheriff of each parish (enclosed). Th(e) Bristol snow yt. ye President was willing to compliment you wh. passage in sailed hence but fryday last. Signed, Edmund Sutton. Endorsed, Recd. from Colo. Frere. Read 27th July, 1721. Extract sent to Lord Carteret. 28th July. 1½ pp. Enclosed,
517. i. Protest by Messrs. Carter & Spencer to the Sherrif of St. Thomas. Barbados, 5th June, 1721. Protest against the holding of a new election, they having been duly elected on April 18th last, and there having been no dissolution of the Assembly since, "nor have we been expelled the house, or our election declared void where elections are properly determinable,"etc. Signed, John Carter, Thos. Spencer. Endorsed as preceding. 1 p.
517. ii. Representation and petition of Freeholders of the parish of St. James to Samuel Cox, President of the Council. By the Act to preserve the freedom of elections, it is enacted that all writs for electing the Representatives shall be published in the several churches the three next succeeding Sundays following the date thereof by the minister of the parish and that upon calling of an Assembly all elections throughout the Island shall begin in one day. In spite of petitions from the parishes of St. James and St. Andrews over hills, preferred to your Excellency after writs had been published twice out of the necessary three times in the other nine parishes, elections for the said nine parishes were permitted to be made before any publication of writts in said two parishes. Refer to Remonstrance of the eight members (May 13. No. i). Continue:—Within three days after sd. Remonstrance was laid before your honour, writts issued for choosing representatives for St. Philips, St. Johns, St. Thomas and St. Lucys, as also for St. James and St. Andrews. The eight members for the four former parishes are in full life and resident in the Island, and have not been expelled from the Assembly of which they were elected, returned and sworn Members, nor has the Assembly been dissolved. Only in such cases can new writs be issued according to above Law. They are ready to do their duty as Members of Assembly, as soon as an oppertunity shall be given for the whole body of the Island to be represented according to the law aforesaid etc. Pray H.E. to abide by the law and approved precedents of long standing etc. Same endorsement. Copy. 2¾ pp.
517. iii. Petition of the Freeholders of St. James' parish to Mr. Cox. Writs having been issued for electing representatives and published for the first and second time in all the Churches excepting those of St. James and St. Andrews, pray H.E. to order that all elections may begin in one day etc. according to the law, and that enquiry be made how and by what meanes the writ lately issued for the parish of St. James was not published at the same time as the writs for the other parishes etc. Signed, Edmund Sutton, Robt. Yeamons and 30 others. Same endorsement. 1 p. [C.O. 28, 17. ff. 161–162, 163–164v., 165v., 166v.–167v.]
June 8.
Boston, New England.
518. Governor Shute to Mr. Delafaye. Acknowledges letter of 6th Oct., with orders relating to striking bills of credit etc. "which came not to my hands untill the 3d. of June." Signed, Samll. Shute. Endorsed, R. Aug. 2nd. 1 p. [C.O. 5, 898. No. 30.]
June 9.
Whitehall.
519. Council of Trade and Plantations to the King. Recommend Capt. Henry Tucker, Capts. John and Richard Jennings to fill vacancies in the Council of Bermuda, as proposed by Lt. Gov. Bennett. [C.O. 38, 7. p. 369.]
June 10.
Custom ho., Londo.
520. Mr. Carkesse to Mr. Popple. Encloses following. Signed, Cha. Carkesse. Endorsed, Recd. 12th, Read 14th June, 1721. Addressed. 1 p. Enclosed,
520. i. Francis Harrison, Surveyor of Customs, New York, to the Commissioners of Customs. New York, April 17th, 1721. Having signified that I was apprehensive that the copper oare which now rises very rich in a new discover'd mine of one Mr. Schuyler in New Jersey would soon be carried into the channell of our trade to Holland etc., there is now shipt on board the snow Unity, Robert Leonard Master, for Holland, 110 casks of said oare, which we have not any law at present to prevent etc. Signed, Francis Harrison. Copy. ¾ p. [C.O. 5, 971. Nos. 90, 90. i.]
June 11.
St. James's.
521. Order of King in Council. Appointing Capt. Henry Tucker, Capt. John Jennings, and Capt. Richard Jennings to the Council of Bermuda, as recommended 9th June. Signed, Robert Hales. Endorsed, Recd. 16th, Read 20th June, 1721. 1 p. [C.O. 37, 10. No. 18.]
June 12.
Whitehall.
522. Mr. Popple to Mr. Carkesse. Acknowledges letter of 10th June and presses for reply to April 6th. [C.O. 29, 14. pp. 118, 119.]
June 12.
Jamaica.
523. Governor Sir N. Lawes to the Council of Trade and Plantations. Since my last letter (20th April), I have not been honoured with any of your commands and tho' nothing materiall has occurred yet I could not let slip so good an opportunity by the return of H.M.S. Mary etc. Our new Assembly is to meet on the 20th instant. I heartily wish they may come together with a disposition to serve their King and Country but I must freely own to your Lordships that I cannot any longer undertake for them haveing in the last Assembly's proceedings seen so much stupidity ignorance and want of duty to the best of Sovereigns that I am allmost fully convinced the best way of bringing these people to a temper and render the King's Government here easy will be by settleing H.M. Revenue at home by Act of Parliament etc. Refers to proposal in letter of 20th April. Continues:—But one thing I had omitted to acquaint your Lordships and that is in the last additional duty bill there is a tax laid on the Jews of £1000 which considereing their present circumstances I think too heavy for them annually to bear. I am therefore of opinion that clause should be left out and leave it with the Governor and Council to tax the Jews more or less as they shall find their number encrease or decrease and their circumstances able to [be] bear it. I perswade myself your Lordships will concurr in opinion with me that some such expedient as I have proposed is become now absolutely necessary to be put in practise in order to keep up the honour and dignity of H.M. Government here and I must freely own that publick credit is become so bad that I can get neither tradesmen or any other person to trust the publick for a farthing. Haveing thus discharged my duty in representing the true state and condition of our present circumstances I hope your Lordships will from thence judge it necessary to lay the same before H.M. for his directions therein. I beg your Lordships will pardon my importunity in so often repeating the absolute necessity we lye under of gunns for the new erected line at Port Royall without which 'twill be of no manner of use and the country is not in a condition to bear such an expence etc. repeats 20th April. Encloses "tryall of the Pirates who have been executed here which has had good effect these seas haveing been more free of late from such villains than for some time before" etc. The country in generall is very healthy but we have had of late dryer weather than usuall. The Spaniards are very strickt in guarding their coast from all manner of trade with them they seize and condemn every vessell they can make themselves masters of which makes trade dull and mony scarce. Signed, Nicholas Lawes. Endorsed, Recd. 14th, Read 17th Aug. 1721. 3¾ pp. Enclosed,
523. i. Printed copy of the Tryals of Captain John Rackham and 10 other pirates (named), who were all condemn'd for piracy at the town of St. Jago de la Vega, in the Island of Jamaica, on the sixteenth and seventeenth days of November 1720. As also, The Tryals of Mary Read and Anne Bonnay etc. and [of Charles Vane and] others, who were also condemned for piracy. Also, a true Copy of the Act of Parliament made for the more effectual suppression of piracy. Jamaica: Printed by Robert Baldwin, in the year 1721. The women, spinsters of Providence Island, were proved to have taken an active part in piracies, wearing men's clothes and armed etc. Being quick with child, their sentence was suspended. Same endorsement. 44 printed pp. [C.O. 137, 14. ff. 6–7v., 8v.–30v., 31v.]
June 12.
Whitehall.
524. Lord Carteret to the Council of Trade and Plantations. H.M. having been pleased to appoint George Phenney Esqr. to be Governor of the Bahama Islands, in the room of Woodes Rogers Esqr., I desire that you will please to direct the draughts of his Commission and Instructions to be prepared etc. Signed, Carteret. Endorsed, Recd. Read 14th June, 1721. ½ p. [C.O. 23, 1. No. 32.]
June 13.
Whitehall.
525. Council of Trade and Plantations to Lord Carteret. Enclose following, to be laid before H.M. Annexed,
525. i. Council of Trade and Plantations to the King. Recommend Philip Livingston for H.M. Commission for the places his father desires to resign, as proposed by Governor Burnet. 4½ pp. [C.O. 5, 1079. Nos. 124, 125; and 5, 1124. pp. 256–261.]
June 13.
Whitehall.
526. Council of Trade and Plantations to the King. Recommend Andrew Auchenleck for the Council of Bermuda, etc. [C.O. 38, 7. pp. 460, 461.]
June 13.
Admiralty Office.
527. Mr. Burchett to Mr. Popple. Encloses following for their Lordships' information. Signed, J. Burchett. Endorsed, Recd. 14th, Read 15th June, 1721. 1 p. Enclosed,
527. i. Capt. Vernon, Commander in Chief of H.M. ships at Jamaica, to Mr. Burchett. 8th March, 1720. (i) Replies to complaint as to taking etc. of the Spanish privateer sloop Revenge, "commanded by Simon Mascarino a Portuguese and noted villain in these parts where he has been privatier and pirate above 20 years." By his Instructions, (enclosed) dated at St. Jago it fully appears he was fitted out with a fresh Commission to take English ships and vessels, and to pillage the coasts of this Island. The very day I took him he had taken a Jamaica Scooner, the cargo of which I found in his sloop etc. Which made him a good prize notwithstanding the cessation and I beleive no one can doubt the legality of his condemnation which was likewise the day before the Proclamation for the cessation of arms came to my hands which I have strictly conformed to ever since. Replies to Spanish Consul's representation. He was going to St. Domingo to complete his crew, not for trading, but privateering off the coast of Jamaica. His crew was made up of all nations and colours. Seven or eight French I sent up to the French Governor of St. Domingo, and they were executed as traytors, as three of H.M. subjects taken in her have been here; and the Spaniards having dealt very cruelly with H.M. subjects taken this war to my knowledge, some English prisoners escaped on board me off the Havanna, and by the relation of Mr. Farrell was an eye witness of it, and without whose charitable releif they would have perished being worked worse than slaves in carrying stones to repair the fortifications, and not allow'd wherewith to subsist them, a barbarity I beleeve never practiced before; and these being the most profligate of their own nation a mungrell breed of all colours, such as were negroes and malatoes and could not produce a testimonial of their freedom (which some did and were clear'd) were sold at publick outcry as is usual for other slaves, which number was not above eight, the form of the testimonials was a copy of the registry of their freedom attested by a notary publick, and had any of those sold been so that evidence would have been sent to the Governor here before now there having been two or three sloops here since from St. Iago, etc., and they would have been released, the buyers taking them at that risk etc. The Governor of the Havana has given much greater cause of complaint, for of all free negroes and malatoes that they took of ours upon the wrecks they have never cleared any tho' the testimonials of their freedom have been sent to him attested by the Governors. As to an Ensign of Foot, that is the first allegation of that kind that ever I heard of etc. I can't but think they are attempting at quibbling, to prove him an Ensign of Foot by his garments not containing the dimensions of a foot of an Ensign, etc. As to the deponents I suppose they are part of the crew that were carried home in merchant ships by the Governor sending the Marshall to the masters to offer them to those that would take them as a service to the country to give such profligate vilains a march. And the Spaniards forced even the men taken in our merchant ships to sail on board their galleons both in the country and to carry them home to Spain etc. This very sloop the Revenge was taken from us by one of their pretended guarda de costa's on the South side of this Island before the Declaration of the late war. Signed, E. Vernon. 5 pp.
527. ii. (a) Extract of letter from Capt. Vernon to the Lords Commissioners of the Admiralty, June, 1720, relating to capture of the Revenge, and (b) Extract from Capt. Mascarino's Instructions to cruize as privateer against the English and to land and pillage the coast of Jamaica. Dated, 3rd June, 1720. 3½ pp.
527. iii. Extract of letter from Capt. Vernon to Mr. Burchett, 7th Nov. 1720. Refers to letter 1st Oct., informing their Lordships of the many invasions that have been artfully contrived, for shelt'ring many villains and traytors etc. One of the three of H.M. subjects I took in arms in the Spanish privatier was tryed at the Grand Court and executed, and the other two remaining on board were appointed to be tryed by a Commission of Oyer and Terminer issued by the Governor for trying them, and about a dozen more that are in the gaols, which method of proceeding was entirely knocked on the head, by the Judge of the Admiralty throwing up his Commission, assigning for his reasons, that he found he disobliged his friends by it. This gentleman whose name is Savile came from Ireland, and has not been long in this Island, and is well known to have but two who are remarkably his friends, Peter Beckford and Edmond Kelly, the Attorney General, who I have heard it said, has given it his opinion to Mr. Savile under his hand, before he threw up his commission, that he might legally do so alledging Sir Mathew Hales for a president etc. This case is direct contumacy, and the Attorney General has the Governour's orders for prosecuting him, for the said contumacy, which he seems very averse to execute. But there has been a remarkable instance of partiality in his favour, on his being committed by the Governour's warrant for the said contumacy, he was immediately released without any bail being demanded. No one doubts but it was done at the instigation of these two Gentlemen etc. I believe the Attorney's reasons is, that the two persons I have on board my ship, being both Papists, the private directors of his conscience have influenced him to shelter them from justice. He came into this country under the patronage of Mr. Totterdale. Major Howard of Brigadier's Regiment; was warned against him by a friend in Ireland as a concealed Papist etc. Quotes other evidence. Refers to Governor's Speech to the Assembly, 4th Oct., and their proceedings of 6th Oct., "full of insolence to the King" and his own comments thereon, as also upon "another scheme, which is called Mr. Beckford's, for to have leave to raise 600 men in England, and so to have them regimented here, under the command of the Militia Officers of this Island" etc. The Attorney General, fearing I should complain against him, for conniving at the informations that had been for some time lodged with him against one Dunks a tavern keeper of Port Royal, for supplying men and provisions to Miller the pirate, and against Capt. Dennis and his quarter-master, for permitting Brown to escape after he had taken him; he came down to Port Royal and imposed on me in that affair by a grimace of carrying on a prosecution against them for it, which I find since was only to amuse me for that time, for having order'd Capt. Chamberlayne to enquire of the Marshall at Port Royall, what became of those prisoners, he return'd me an account etc., by which it appears, he clear'd those people, the very night after he had committed them, John Dunks on his own bail, and the others without any bail at all. The Attorney General, in a Speech he made to the Assembly, above a twelvemonth ago to spirit them up to oppose the payment of Lord Hamilton's arrears, he said, that one King had lost his head, and another had been abdicated, for less crimes than Lord Hamilton. I am sure it is my opinion, that their leaders are artfully conducting them into measures of insulting the Government, in order afterwards to argue the necessity of sheltering themselves under a foreign Government to protect them from being punished for their insolence to their own. And when it is consider'd, that the concealed Papist has filled most of the posts of the Government here, with native Irish, whose religion and loyalty to this Government is very much suspected, and who are absolute creatures and dependants of his, perhaps I may not be thought to be very wide from the truth etc. I verily believe, if some care be not taken at home, to raise a revenue here, sufficient to support the necessary exigencies of the Government, that it will be found, they are only weakning it here in order to betray it. There are 200 English at Trinidado, besides French, Dutch and Spaniards, that follow this pirating trade, and I fear, if there be not orders for reprizals to be made on the Spaniards, and so oblige them to dislodge these rogues which they now shelter for the profit they receive by them, that will grow a general receptacle for such banditti, and very much impoverish this Island by their frequent excursions in perriago's and launches, which can't be prevented by the Navy of England, if they were here, for the daily intelligence they have from thence, will caution them, to keep out of the way of our ships, who, if they should see them, would, unless by a favourable accident, have no better chance than a cow after a hare. Encloses copy of the Assembly's lying preamble to their Bill for fitting out two sloops etc., with his notes upon it. The Governour has adjourned the Assembly to the 19th Jan., tho' they have not yet reimbursed the revenue, nor provided for subsisting the soldiers, otherwise than by a note of credit, which I believe their daily incroachments on the prerogative of the Crown has made him judge it necessary. 14 pp.
527. iv. Extract of letter from Capt. Vernon to Mr. Burchett. Cape Dona Maria, 27th Jan., 1720/1. I can't find by any intelligence I can get that the Pyrats are any where out in sloops in these parts, but only in perriagoes etc. with which, since my sailing from Port Royall they have taken two Jamaica sloops, and robbed a Plantation of 20 negroes, notwithstanding the two country sloops were both out at sea to protect the coast, which they will have enough to doe, if some measures are not taken to prevent the Spaniards from sheltering the pyrats at Trinidado, which they do now in a more open manner than ever the Governours of Jamaica formerly shelter'd them there, and this Island is like to smart for a practice of their own bringing up, if care be not taken to have it redressed by orders from the Court of Spain. I have met with a small Spanish sloop in my cruize bound to Legane the master of which told me several of the Alcades and particularly that of Trinidado were lately brought prisoners to the Havana, and that it was beleived some of them would be hanged for sheltering the pyrats particularly a notorious one of Trinidado etc. I hear there is another gang of about 100 that harbour on the north side of Hispaniola, which are likewise in periagos and rob only in that neighbourhood, and I hear several of them say they are too wise to venture in sloops, for they know nothing but the gallows will attend that, and this I fear is not to be suppressed if the Spanish Governours are allowed to countenance them etc.
527. iv. Extract of letter from Capt. Vernon to Mr. Burchett, 7th March, 1720/1. Refers to correspondence with the Governor and depositions relating to searching of ships etc. (v. 28th Dec. 1720 etc.) Robert Hall was no Port Officer, as the Governour suggests, but a Gunner of the Fort, with a warrant from the Receiver General etc. 7 pp. Endorsed, Recd. 14th, Read 15th June, 1721.
527. v. Capt. Vernon to Governor Sir N. Lawes, 11th Feb., 1720/1. So soon as the Adventure can be compleated for the sea, she will cruize to windward for the protection of the outward bound trade from Great Britain etc. Asks for information of pirates, and for copies of depositions which H.E. has sent home etc. Signed, E. Vernon. Copy. 1¾ pp.
527. vi. Same to Same. 15th Feb., 1720/1. Relating to depositions etc. Copy. 3 pp.
527. vii. Same to Same. Relating to depositions etc. Endorsed, Recd. 14th, Read 15th June, 1721. Copy. 1 p.
527. viii. Governor Sir N. Lawes to Capt. Vernon, 14th Feb., 1720/1. Encloses copies of depositions "in relation to your proceedings in preventing the Port Officers from doing their duty on board the John galley" etc. Copy. 2 pp.
527. ix. Same to Same. 22nd Feb., 1720/1. As to Mr. Mills not being a Port Officer, tho' the Receiver General and his deputies are not mentioned in the Acts of Parliament as Port Officers, yet by several laws in this country, confirmed by H.M., he is named as such, particularly in the Act of Revenue which lays a duty of 18d. a pound on foreign indigo etc. I observe by your letter of the 18th that Mr. Lawes, Lieutenant of the Happy, has been denied restitution from the Alcades of Trinidado for the late depredations committed on H.M. subjects of this Island by the Spaniards of that place, and that you have taken the opportunity by Mr. Farrel of writing to the Governour of the Havanna demanding restitution etc. I hope your letter may have more weight with that gentleman, than several of mine on that subject have had etc. I hope the late restitution made here to the Spaniards pursuant to the King's Proclamation for the cessation of arms, will be an inducement to them to do us the like justice etc. I have no directions whatever to make reprizals etc. Copy. Same endorsement. 3½ pp.
527. x. Same to the Council of Trade and Plantations. Extract. v. C.S.P. 28th Dec., 1720. Same endorsement. 1½ pp.
527. xi. Copy of clause in Revenue Act of Jamaica as to the power of the Receiver General or his deputies for seizing goods etc. Same endorsement. 2½ pp.
527. xii. Address of the Assembly of Jamaica to Governor Sir N. Lawes. Express concern at that part of H.E.'s answer to their Address "which seems to charge us with having declined, or delayed the doing of anything incumbent upon us to do for the supporting of H.M. Government" etc. We are assured that the provision made by this Assembly (notwithstanding the present deplorable poverty of the Island) have far exceeded the demands of other Governours in the time of its utmost prosperity etc. We are confident that the provision we have made had (if duly collected and applied) been more than sufficient to answer any exigencies of this Government, and as the collecting of those supplies is intrusted to other persons, whose default (if any) cannot in any reason be charged upon this house, so we are very confident that such an imputation upon us could not [have] proceeded from your Excellency without the artifice and insinuation of such persons, as have private views to serve by endeavouring to misrepresent us at home, and to lessen the people of this Island in H.M. esteem and good opinion, than which there can be nothing more dear to us. It is far from our thoughts to aim at any power of dispensing with any known law or treaty by any vote of our house etc. The ascertaining of those immunities of persons of our own members which are essential to the very being of Assemblies we take to be our duty and hope yr. Excellcy. will not take offence thereat or at our just concern for the liberty of the subject. The frequent expressions of good will to this Island which your Excy. has been pleased to declare unto us, and the resentment of the many injuries we have received from the Spaniards expressed in one of your letters gave us a great encouragement in the presenting our late Address, and leave us no room to doubt, but that your Excy. will still prefer our humble desires in the behalf of the suffering inhabitants of this Island to the demands of a people whose Governour has denied any restitution to the subjects of H.M. and who violate all laws and treatys by encouraging and protecting banditti, notorious robbers and traitors to the infesting of this Island and the ruin of its trade and people. As we are humbly of opinion, that no restitution of a lawfull capture ought to be awarded to any claimer unless he has made out his claim thereunto in a legal course, either in a Court of Admiralty or Delegates, from whence all parties concerned may prosecute their appeal, so there having not for some time past been any such Court in this Island, we cannot but be surprized to hear of an order for restitution, which in its self must appear to be extra-judicial and void. As H.M. ships of war on this station are sent hither for H.M. service and the good and wellfare of the inhabitants, we doubt not but (on proper application) they would have demanded satisfaction of the Spaniards without putting the Treasury to expence or the suffering subjects to charge, who at present labour under misfortunes. Same endorsement. 3½ pp.
527. xiii. Copy of Receiver General's warrant to Robert Hall. Duplicate of 18th May No. iii (b). Same endorsement. ½ p.
527. xiv. Governor Sir N. Lawes to Capt. Thomas Brooke. Duplicate of 28th Dec. 1720. No. (i). Same endorsement. 11/8 pp.
527. xv. Copy of Act of Jamaica for fitting out sloops for guarding the coasts etc. The "lying preamble" referred to above, runs:—Whereas [to] the great damage and impoverishment of H.M. subjects, as well as to the discouragement of his merchants and others trading hither, it hath been found by too sad experience that H.M. ships of war ordered here for the encouragement of trade and defence of this Island have not so effectually answered the end for which they were sent hither as might have been expected more especialy guarding the sea coast and out parts thereof, whereby a great many ships sloops and other vessels as well belonging to this his said Island as coming and trading thereto from other parts of H.M. Dominions have been taken in sight thereof by pirates and vessels fitted out and commissioned by the subjects of the King of Spain under pretence of guarding their own coast to the great dishonour of H.M. as well as irreparable loss and detriment of his true and faithfull subjects etc. Same endorsement. Copy. 1½ pp.
527. xvi. Deposition of James Clarke, 27th Feb., 1721, Port Royal, as to Capt. Vernon's stopping the seizure of outward-bound vessels etc. (v. 28th Dec. 1720 etc.) Signed, Jas. Clarke. 3¼ pp.
527. xvii. Depositions of John Lewis, Wm. Hayman and John Cavelier, as to the same. 1st March, 1721. Copies. The whole. 3¼ pp.
527. xviii. Deposition of Lieut. William Swale, H.M.S. Mary, as to the same. 15th Feb., 1721. Copy. 3 pp.
527. xix. Deposition of Capt. Brooke and Lt. Col. Delaunay. Duplicates of 28th Dec. 1720. No. iii.
527. xx. Deposition of Leopold de Stapleton, as to same. 24th Feb., 1721. Nos. xvi–xx. Endorsed, Recd. 14th, Read 15th June, 1721. 2½ pp.
527. xxi. Deposition of Robert Hall. Duplicate of 28th Dec. 1720. No. vi.
527. xxii. Deposition of Daniel Williams. Duplicate of 28th Dec. 1720. No. iv.
527. xxiii. Deposition of Lt. Joseph Lawes, H.M.S. Happy, as to same. 4th March, 1721. Signed, Jos. Lawes. 2 pp.
527. xxiv. Deposition of John Pooge and Philip Tuck, H.M.S. Happy, as to same. 1st March, 1721. Signed, John Pooge, Philip Tuck, his mark. 1 p.
527. xxv. Deposition of Thomas Righteous, serjeant. Duplicate of 28th Dec. 1720. No. V. Nos. xxi–xxv endorsed, Recd. 14th, Read 15th June, 1721.
527. xxvi. Deposition of Edwin Sandys junr., as to same. 27th Feb., 1721. 3½ pp.
527. xxvii. Deposition of Thomas Righteous, serjeant, as to same. 2nd March, 1720/1. 1 p.
527. xxviii., xxix. Depositions of Richard Basnett of Kingston, merchant, as to same. 1st March, 1720/1. 4½ pp.
527. xxx. Deposition of Capt. Brooke. Duplicate of 28th Dec, 1720. No. ii. Nos. xxvi–xxx. endorsed, Recd. 14th, Read 15 June, 1721.
527. xxxi. Advertisement by Capt. Thomas Brooke, offering reward of 5 pistoles for the arrest of Daniel Williams, late gunner of H.M. Fort on Port Royal, for forging his name and absconding etc. Same endorsement. Copy. 1 p.
527. xxxii. Capt. Vernon's Orders to Capt. Daver, H.M.S. Adventure to go a cruizing. 14th Feb. 1720/1. Signed, E. Vernon. Same endorsement. Copy. 2½ pp.
527. xxxiii. Capt. Vernon to the Governor of St. Iago on Cuba, 18th June, 1720. Sends several Spanish prisoners taken by him off the Bahama Banks, and demands release of H.M. subjects prisoners in that port, taken by Spanish privateers etc. Has taken a privateer with a fresh commission from his Excellency about three weeks ago, which has been condemned etc. "I find you have other privateers still out. I have since my arrival here and this condemnation received H.M. Proclamation for ceasing all hostilities" etc. Desires to know whether he has received similar instructions, or will accept this intimation. Signed, E. Vernon. Copy. 2 pp.
527. xxxiv. (a) Capt. Vernon to the Marquis de Serel, Governor of St. Domingo and Liggan. 18th June, 1720. Sends 7 French prisoners, who were taken in a canoe as they were deserting from that Government to the Spaniards at Cuba, and 7 taken in a Spanish privateer etc. Urges "a seasonable severity," and requests that deserters of ours be sent down here etc. Signed, E. Vernon. Copy. 1½ pp.
(b) Governor the Marquis de Serel to Capt. Vernon. 16th Sept., 1720. Thanks for 7 deserters and 4 pirates received, whose prosecution he has ordered, and will send British deserters etc. Copy. French. 1½ pp.
(c) Capt. Vernon to Governor the Marquis de Serel. 29th Aug., 1720. Having sent Capt. Chamberlayne in quest of two pirates harbouring about Crooked Island, who have plundered a New York sloop bound to this Port and are robbing the plantations of your Government, I advise your Excellency thereof etc. Their names are Porter and Fox, who were formerly pirates that surrendered themselves at Providence and took the benefit of the King's last pardon but are now returnd to their old courses, and I verily believe such rogues are never to be reclaimed but by a halter. Requests co-operation etc. Reports "another pirate of our Nation," commanded by one Miller who has been proclaimed a pirate at New York these six months, who came from Providence to get supplies of men and provisions at Jamaica, but was chased away by one of H.M. ships etc. Believes he has gone to join Porter and Fox etc. Signed, E. Vernon. Copy. 2½ pp.
(d) Capt. Chamberlayne, H.M. Sloop Happy, to Capt. Vernon. 11th Oct., 1720. I put into Lugan and delivered your letter to the Marquis de Serel who will be very glad to concert measures with you etc. Signed, Cha. Chamberlayne. Copy. 1 p.
(e) Lt. Lawes of the Happy sloop to Capt. Vernon. 20th Oct., 1720. Nine days since one White came here from Providence etc. 14 days afterwards one Rackun run away with a sloop and took two more of that place etc. Signed, Jos. Lawes. Copy. ½ p.
(f) Capt. Chamberlayne to Capt. Vernon. 27th Oct., 1720. Dunks, that was taken up for supplying the pirates, was set at liberty the same day only giving his own bond for £100 etc. Signed, Cha. Chamberlayne. Copy. ¼ p. Nos. xxxiii, and xxxxiv. Endorsed, Recd. 14th, Read 15th June, 1721.
527. xxxv. H.M. Warrant to Governor Sir N. Lawes for the payment of the debt due to Lord Archibald Hamilton. 15th Jan. 1720. Copy. 3½ pp.
527. xxxvi. (a) Speech of Governor Sir N. Lawes to the Assembly of Jamaica, 4th Oct., 1720. Recommends renewal and enlargement of Additional Duty Bill, the average yearly disbursements of 8 to £9,750 exceeding the income of the standing revenue by 3 to £4,000. Has issued an order in accordance with H.M. warrant preceding, to the Receiver General; "And I will not question but you will find yourselves obliged in duty to H.M. to enable the Treasury effectually to discharge that debt, which must first take place, and postpone all other payments till that be done" etc. etc. Copy. 7 pp.
(b) (c) Resolutions of the Assembly 28th Jan. 1720. Adhere to resolution not to pay "unjust demands" to Lord Hamilton, and the then Council, and, 6th Oct. 1720, if this pretended debt be paid by the Receiver General, not to reimburse the Treasury etc. Copy. 1 p.
(d) Minutes of Assembly of Jamaica, 8th Oct., 1720. The want of employment for seafaring people has proceeded from the decay of trade, which has been chiefly carried on by the men of war etc. 31st Oct. It was resolved to fit out two sloops for the protection of the coast; Capt. Vernon's offer to man and victual them was refused. Copy. 3 pp.
(e) Governor N. Lawes' Speech to the Assembly, 25th Oct. 1720. Copy. 3½ pp. Nos. xxxv, xxxvi. endorsed, Recd. 14th. Read 15th June, 1721. [C.O. 137, 13. Nos. 51, 51. i.–xxxvi.]
June 14.
Custom ho., London.
528. Mr. Carkesse to Mr. Popple. In reply to 6th April. Encloses following observations by the Commissioners of Customs upon the Instructions to the Governor of Barbados. The 1st 3rd 4th 5th and 7th observations on the Instructions to Sir N. Laws, enclosed 30th July, 1717, they have made the like observations on the present draft etc. Repeats complaint, 30th July, 1717, from Surveyor General and other officers of the Customs on the Continent and in the Islands that they are frequently obliged to serve on juries, and personally to appear in arms whenever the Militia is drawn out, and thereby are very much hindered in the execution of their duty etc. The Commissioners desire the Council of Trade that all Governors may have Instructions to excuse Officers of the Customs from appearing in arms or serving on juries or any parochial offices which may hinder them in the execution of their duties, unless in case of absolute necessity, in like manner as they are exempted here. Signed, Cha. Carkesse. Endorsed, Recd. 15th, Read 20th June, 1721. Addressed. 2 pp. Enclosed,
528. i. Observations by the Commissioners of Customs upon the Instructions of the Governor of Barbados, referred to in preceding. 1¾ pp. [C.O. 28, 17. ff. 134–135v., 137v.]
June 14.529. Mr. Humphreys, Secretary to the Society for the Propagation of the Gospel in Foreign Parts, to Mr. Popple. Encloses following. Concludes: The Society have appointed some of their members Gentlemen of that Island to explain further the said reasons whenever their Lordships shall please etc. Signed, David Humphreys, Secretary. Endorsed, Recd. 16th, Read 20th June, 1721. ¾ p. Enclosed,
529. i. Society for the Propagation of the Gospel in foreign parts to the Council of Trade and Plantations. In reply to 18th May, state their objections to Act of Barbados, 1718, granting liberty to the inhabitants to load and unload from any bay or harbour etc. The Society is seized in fee of a considerable plantation in the parish of St. John called Consets devised to it by the General Codrington. Conset Bay has never been a common bay or creek, but by this law every inhabitant being intituled to have laid out for him a new way to any bay or creek, the Society's estate will be exposed to continual injury and expense etc. Signed as preceding. 2½ pp. [C.O. 28, 17. ff. 138, 139–140, 141v.].
June 15.
South Carolina.
530. William Hammerton to [Lord Carteret] General Nicholson hath given me a Commission for Naval Officer etc. Compliments etc. Signed, William Hammerton. 2 pp. [C.O. 5, 387. No. 25].
June 15.
London.
531. Mr. Gordon to the Council of Trade and Plantations. Presses for report upon the two Acts of Barbados concerning him, he being anxious to return thither and the merchant ship for that Island sailing this week etc. Signed, W. Gordon. Endorsed, Recd. 15th, Read 21st June, 1721. 2 pp. [C.O. 28, 17. ff. 142, 142v., 143v.]