America and West Indies: April 1712

Pages 254-272

Calendar of State Papers Colonial, America and West Indies: Volume 26, 1711-1712. Originally published by His Majesty's Stationery Office, London, 1925.

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April 1712

April 1/12.
363. Mr. Whitworth, Ambassador to the Czar of Muscovy, to the Council of Trade and Plantations. Encloses following. Signed, C. Whitworth. Endorsed, Recd. 12th, Read 13th May, 1712. 1 p. Enclosed,
363. i. The method of preparing tar in Muscovy. 2 pp. [C.O. 5, 1050. Nos. 40, 40 i.; and 5, 1122. pp. 496–499.]
April 2.
364. Wm. Popple to Josiah Burchet. Encloses "the usual heads of inquiry and additional Instructions for the Commodore of the Newfoundland squadron," etc. [C.O. 195, 5. p. 265.]
April 2.
365. Mr. Secretary St. John to the Council of Trade and Plantations. H.M. commands you to take into consideration and transmit to me your opinion upon the two following points. (i.) What the consequence may be of allowing the French a general right to fish and to dry their fish in the sea of Newfoundland, and on that coast, as they have hitherto done, together with a liberty of settling and fortifying on the Island of Cape Breton; they on the other hand making an absolute cession to H.M. of Nova Scotia with Annapolis Royal, and of the Island of Newfoundland with Placentia. (ii.) Whether it may be for the advantage of Great Britain, Nova Scotia and Annapolis Royal remaining in H.M. hands, that all the fortifications in Newfoundland be demolished, and that no others be suffered to be erected there, or in any of the adjacent Islands. Your Lops. will please to let me have your answer as soon as possible, it being necessary to write abroad upon this subject at the end of the week. Signed, H. St. John. Endorsed, Recd. 3rd, Read 4th April, 1712. 1¾ pp. [C.O. 194, 5. No. 10; and 195, 5. pp. 265, 266.]
April 2.
366. Council of Trade and Plantations to the Lord High Treasurer. Request payment of enclosed account of office expenses and salaries, Christmas 1711 to Lady Day 1712. [C.O. 389, 37. pp. 39–41.]
April 2.
367. Council of Trade and Plantations to the Lord High Treasurer. This Commission is in arrear 2½ years at Lady Day last, which wee are informed is not the case of any other Commission or Office depending on the Civil list, and in regard the nature of the buissiness requires a constant attendance and application, wee submit the case of the said arrear to your Lordship's favourable consideration. [C.O. 389, 37. p. 42.]
April 3.
St. James's.
368. Order of Queen in Council The Council of Trade and Plantations are to lay before the House of Commons their Representation (v. C.S.P. Dec. 1711) as to the distribution of the grant in aid of Nevis and St. Christophers, and the petition of the agents for the sufferers there (enclosed) (v. A.P.C. II. No. 1069). Signed, Christo. Musgrave. Endorsed, Recd. 9th, Read 10th April, 1712. 1 p. Enclosed,
368. i. Petition of Joseph Martin, Rowland Tryon, Richd. Merryweather, Stephen Duport and James Campbell, Agents for the sufferers in Nevis and St. Christophers, to the Queen. By an Act passed the last sessions £103,003 11s. 4d. was granted for the relief of such sufferers as have resettled, or shall resettle their Plantations. The Council of Trade acquaint petitioners that the Act needs some explanation before they can make any distribution (v. Dec. 1711). Many of the sufferers have been hitherto supported on credit founded on the hopes of this bounty, and others are now returned, or returning, upon the faith of that Act. But unless some assurance can be given them by the Fleet, which is now upon departure, that the said bounty will speedily be made effectual, it's to be feared that great numbers of them, will be yet forced to leave the Islands; and the enemy (who well know the consequence of those Islands to your Majesty's revenue and the trade of your Kingdom) will not fail then to improve such an advantage. Pray that the report of the Council of Trade may be now laid before the House of Commons for explanation and recommended for dispatch. Copy. 2½ pp. [C.O. 152, 9. Nos. 109, 109 i.; and 153, 11. pp. 453–455.]
April 3.
369. Laurence Galdy to the Council of Trade and Plantations. Recommends Col. Ezeckiell Gomersall for the Council of Jamaica. Signed, Laurence Galdy. Endorsed, Recd. 3rd, Read 9th April, 1712. 2 pp. [C.O. 137, 9. No. 64.]
April 4. 370. Copy of Journal of the Council of Trade and Plantations, concerning Newfoundland. 6¼ pp. [C.O. 194, 23. No. 5.]
[April 4.] 371. Capt. Moody's report upon the questions concerning Newfoundland, April 2nd. Agrees with Representation of April 5th. Signed, J. Moody. Endorsed, Recd. Read April 4, 1712. 2 pp. [C.O. 194, 5. No. 11.]
April 5.
372. Governor Lord A. Hamilton to the Earl of Dartmouth. Recommends, Mr. Brodrick, Attorney General and Speaker of the Assembly, to be appointed to the Council, etc. Signed, A. Hamilton. Holograph. 3 pp. [C.O. 137, 51. No. 59.]
April 5. 373. Solomon Merrett to the Council of Trade and Plantations. Report upon the questions relating to Newfoundland, April 2. Agrees with following Representation. Signed, Solomon Merrett. 1¾ pp. Enclosed,
373. i. Considerations in favour of the whole of Newfoundland, Nova Scotia, and the Fishery on the Banks and coasts being restored to Great Britain. Concludes:—By the Treaty of commerce we should have the same liberty to supply France paying the same customs and dutys as under King Charles I. The laying on a duty of 5s. a ton on the French shipping which came into England (which was not 1/50th of what went from England to France) occasioned them to lay the same duty on ours, was a great discouridgment to our fishing ships and all others trading to France. And it's most humbly offerred that if from the date of the Preliminaries or Articles of Peace, a cessation of hostilities be agreed on, that all ships and goods taken by us or the enemy shall be restored to the proprietors in the same condition they were when taken, it will prevent the fitting out of privateers, and the taking of many merchant ships, especially those from the West Indies, and long voyages. For the merchants the last peace suffered very much, as the Articles of Reswick gave such large liberty to privateers by making peace at several times and in several latitudes, whereby they were incouridged to send out their privateers, which took more merchants ships within two months before and after the date of that Peace, than in nine months before, etc. 1½ pp. The whole endorsed, April 5, 1712. [C.O. 194, 5. Nos. 12, 12 i.]
April 5.
374. Council of Trade and Plantations to Mr. Secretary St. John. Reply to queries of April 2. We take leave to represent if the French make a cession of Newfoundland and Isles adjacent, and yet reserve the privilege of fishing on that coast, and drying on the shore, they will thereby have the same advantage in the trade of dry fish as H.M. subjects, and the good end of our having Newfoundland restor'd to us will be defeated. As to their settling and fortifying on the Island Cape Breton, that Island has always been esteem'd as part of Nova Scotia and included in that Governmt., and considering the situation of that Island, the permitting them to fortify and settle there will give them the like advantages as if they were allow'd to dry their fish on Newfoundland or the adjacent islands. And here we take leave to observe that Nova Scotia does comprehend all that the French call Accadie, and is bounded by the River St. Croix on the west by the sea on the south and east, and by Canada River on the north and ought to be so describ'd for avoiding future disputes. We apprehend it may be necessary to maintain the fortifications now on Newfdland for the protection of our fishery, and the persons concern'd therein and their effects. [C.O. 195, 5. pp. 267–269.]
April 8.
New England, Boston.
375. Governor Dudley to the Council of Trade and Plantations. My last addresses to your Lordships were of Nov. last past by Capt. Studley in the Norwich the convoy of the mast fleet wherein were cover'd the years papers (v. Dec. 21st, 1711). Acknowledges letter of Oct. 26. Continues: —The duplicate arriv'd the 24th March past, and the letter two dayes since. In obedience to the severall articles therein, I must humbly acquaint your Lordships that the revenue of both the Provinces, consists of an impost for goods and merchandise brought in, an excise upon taverns and retaylers of wine, and liquors, and a land and poll tax lay'd once a year and collected accordingly, and it is not possible to divide it so as to make two accounts of it, either to discharge the Treasurer or to pay up the Province debts, so as to make it compleat, but in the session of the Assembly, in May annually, which session is directed by the Charter. The Treasurer for the time being, brings in all his accounts, and vouchers, and it is fairly drawn, and swore to before the Governour, and Mr. Secretary Addington, Deputy Auditor to Mr. Blathwayt, and is so sent home to the Treasury, and has been well accepted. In all other affayres and informations to their Lordships at the Councill of Trade at my first comeing here, I pursued the methods of letters every six months and sent them by the best runners I could get passage by, but were frequently thrown overboard, as I had directed the commanders in case of their being taken, and was forced at last wholly to depend on the convoy of the mast fleet, which comes but once a year, and never yet miscarryed. However if your Lordships see meet to command any other method, for the future I shall strictly obey it. Encloses lists of officers, Courts, fees, and a copy of the laws as required. Referring to births and burialls, I have sent circular warrants, to the Sheriffs of the severall countyes, which are eight in number in the Massachusets, and one in New Hampshire, which if not come to hand before this conveyance shall be carefully transmitted the first oppertunity. That your Lordships may understand the state of the defence of the Provinces, if your Lordships please to look upon the map of the survey of ye country, that I sent home some years since to the Board, it will be seen that from Deerfield in the west, to Wells in the east, is the frontier to the inland of both the Provinces in a range of villages, in this order, Deerfield, Hadley, Brookfield, Marlboro', Lancaster, Groton, Dunstable, Dracot, Haveril, Almsbury, Kingstown, Exeter, Cocheco, Barwick, York, Wells, contayning about 200 miles in length, in each of which I have 10 or 12 of the best houses, at distances, taken in with stoccadoes, and flanckers, in which are watches kept and 40 or 50 soldiers besides the inhabitants, lodged in them for the defence of each town, who march from town to town weekly winter and summer, to discover any track of an approaching enemy, and troopes of horse once a fortnight in the summer, and foot upon snowshoes in the winter to discover at a greater distance, which has been so fortunate as often to discover and repell the enemy when four or five times in this warr they have come in bodyes of 3 or 400 French and Indians, and often when lesser partyes, so as we have not lost or deserted one village since the first eruption nine years since, whereas in former warrs the Government has drawn in almost all the villiges, above named for want of the skill of snowshoes, which the people have gotten since my comeing hither to the terror of Indians, our men being able to outmarch them, and in the winter I dislodge them at 100 miles distance, as I have done this winter, by marching partyes, two consisting of 50 each, and one party of 200, who came in the last week haveing burnt a settlement of Mounsier Castiens in the eastward near Panobscot, of 6 or 8 houses two sloops fitted, and furnish'd for a cruise, and taken and burnt a great quantity of provisions laid up for their voyage, being to be mann'd with French and Indians. And in the summer (except these last two years wherein I have in obedience to H.M. commands, sent forces to Portroyal and towards Queebeck) I have sent partyes of 3 or 400 men to cut up their corn while it was green, and made them remove to greater distances from us, to make it more difficult to trouble us, and to shew the Indians that tho' the French could perswade them into a warr, they were not able to defend or secure their settlements and places to them. This is the method of our inland service, and on the seabord we have the Castle at Boston, Forts at Salem, Marblehead and Newcastle, besides Saco and Casco, ancient tradeing houses to the eastward which I have fortifyed, and the Province gally and sloop, with forces cruising all the summer to prevent the taking of our coasters, and merchantmen from Europe, both which vessels have been built since my comeing at the Province charge, and well equipt every year to a great expence, of all these articles the account is in the Book herewith inclosed. The clause requireing an account of the strength of the neighbour Goverments is more difficult, but your Lordships will pardon my guess, yet upon a just muster such as I have now layd before your Lordships in these papers, I am of opinion Rhode Island has 2500 fighting men; Connecticut, 7000; New York, 6000. And in all other articles proportionable, with all of whom we have a coasting trade, for grain, bread, flower, beaf and pork, which we expend in our fishery, and carry to the West Indies. The trade of the Province consists of masts, and sparrs, for H.M. service, brought home in the mast fleet. Our returns for London by way of Lisbon for fish about 50,000 pound per annum. Directly home a great quantity of train oyle, tarr, and turpentine, which are much increased and better'd since I came hither, and would be perfectly a sufficient supply for Great Britain, if our men taken into the service for the defence of the Provinces, and expeditions, might be spared for that imploy, which will come to pass in peace. Ships and vessels built for sale in great Britain, and the West Indies to the numbers of 70 per annum. Ships belonging to the Provinces trading of three sorts. Above 100 tun, 20; between 50 and 100 tun, 60; below that rate tradeing to the West Indies, 120. Your Lordships' last article, referring to the number of inhabitants and number of fighting men, is perfectly set down, and accounted for in the inclosed papers, as justly as possibly, and will be I hope to your Lordships' satisfaction. Your Lordships' wisdom needs no intimation of mine to know how these Provinces may be made happy and secureable to H.M. I am humbly of opinion that the English settlements from Pennaquid to Delaware River, which never cost England above 10,000 souls to settle them, which tract is now divided into six severall Goverments contayning in them 300,000 souls, and are dayly increaseing, and are a very industrious people as appears by a subdued and well built country, will stand in need of nothing to make them such as your Lordships would have them to bee, but a good defence against the incursions of the Indians and French by land from Queebeck, and then the peace and repose of these Provinces would make the trade of all sorts, five times what it is presently. Over all which if H.M. Government be justly mayntain'd, and the people and trade kept to a strict and constant dependance upon the Acts of Trade and Navigation, and put upon the linnen manufacture for which the country is extreemly proper, the mother will find her daughters increase her welth and honour to a very great degree. The Acts of Parliament referring to the preservation of white pines etc. was publish'd and reprinted and sent to every part of these Provinces for their information and obedience six months since, and the other for the incouragement of trade was now publish'd as your Lordships commanded. Signed, J. Dudley. Endorsed, Recd. July 11th, 1712, Read July 6, 1713. 6 pp. Enclosed,
375. i. (a) List of Officers in the Civil Government, Massachusetts Bay.
(b) List of Courts of Justice in the Massachusetts Bay. 1 p.
(c) List of fees exacted in the Massachusetts Bay. 5 pp.
(d) Account of the Treasury of the Massachusetts Bay, May, 1710–11. Tax on polls and estate real and
personal £22689 4 7
Import duty £3116 12 8
Tunnage and shipping £516
Excise £666 15 6
Fines £38 17 2
Total £27,027 9 11
The expence during the warr communibus annis has been little short of £30,000 per annum. The expence of the last year 1711 by reason of the advances for the great expedition will fall little short of £50,000. The poll and land tax is usually laid for betwixt two and three and twenty thousand pounds per annum, and that levied with no little dificulty, H.M. subjects of this Province being much impoverished and enfeebled by the heavy and allmost insupportable charge of a long calamitous war which has chiefly lyen upon this Province, etc. etc. 1 p.
(e) Accompt of the Militia in the Massachusetts Bay, April, 1712. Details of counties and regiments given. Totals: 12,517. Adding 5 for 1 for women and children, total population—75,102. 5 pp.
(f) List of Forts in the Massachusetts Bay. 1 p.
(g) Soldiers in actual service for the defence of the Province, total: 634. 1 p.
(h) List of stores of war wanted for the Massachusetts Bay. 1 p.
(i) List of officers in the civil Government of New Hampshire. Fees as in the Massachusets Bay. Revenue, Nov. 1710–11,–£1575 (excise, £45; impost £30; tax upon polls and estate of land and stock £1500. Militia, 1107. Population (adding 5 for 1 for women and children)—6,642. Fort at Newcastle. Births, 349 and 128 burials. Jan. 1st, 1710–11. 1 p. The whole signed J. Dudley and endorsed, Recd. July 11, 1711 (sic), Read July 6, 1713. [C.O. 5, 865. Nos. 92, 92 i.; and (without enclosures) 5, 913. pp. 412–422.]
[April 8.]
St. James's.
376. H.M. Warrant appointing Col. Richard Downes to the first vacancy in the Council of Barbados. (v. C.S.P. 1704. Nos. 91, 126). Countersigned, Nottingham. Endorsed, Recd. (from Mr. Tryon) 8th, Read 14th April, 1712. Copy. 1 p. [C.O. 28, 13. No. 86; and 29, 12. pp. 411, 412.]
[April 8.] 377. Order of Queen in Council, Dec. 18, 1707, restoring Tobias Frere to the Council of Barbados. Endorsed, Recd. 8th, Read 14th April, 1712. Recd. from Mr. Tryon. Duplicate of C.S.P. 1707. No. 1235. [C.O. 28, 13. No. 87; and 29, 12. pp. 412, 413.]
April 9.
378. Governor Lowther to the Council of Trade and Plantations. Encloses duplicates of March (? Feb. 18), 1712 and Dec. 20, 1711, and abstract of proceedings "which were had against Mr. Carter, as your Lordships will perceive by perusing the Minutes of Council herewith sent. The power of suspending practitioners in the law hath been frequently practiced by my predecessors, and never any complaint was made of it, nor any fault found with it," etc. (v. Feb. 18). Besides appearing against the Queen when he was Solicitor General, he did all he could to infuse jealousies and discontentes amongst the people, in order to disturb the Government and to provoke the people to clamour against everything that was done: whereas the faultes for which the other gentlemen were suspended, were only of a private nature, etc. I am sensible that the Queen is full of clemency and mercy, and therefore some small time after I had done my duty in resenting Mr. Carter's ill-treatment of H.M., I gave him to understand that I would take off his suspension, provided he would make his submission, and acknowledge his fault, but he hath not yet thought fit to do it, and I understand he hath complained home of the proceeding, and hopes to be rewarded, instead of punished for what he hath done etc. Refers to case of the Oxford (v. Feb. 18). It is necessary upon this occasion to informe your Lordshipes that quantitys of tallow and counterband goods are frequently imported here and no entries made thereof in the Custome House: it is generally believed, and with good reason, that the said goods are imported by shipes that come from Ireland, however prejudicial this may be to the interest of Great Britain, yet I hold it impossible to prevent it, if shipes are suffered to break bulk before they produce there manifestes, certificates, and clearance bills in the manner as the law requires, nor, so long as the chief officers of the Customes, and Admiralty here, are merchantes. If your Lordshipes shall be of opinion that I have acted too rigidly in the affair of the ship Oxford, I hope you will not only impute it to the strictness of my Instructions, and the Law, but that you will direct me how to govern myself in the like cases for the future; for it is not an easy matter to pursue my Instructions, and at the same time prevent the merchantes from clamouring, because in several cases, the interest of the Queen, and that of the merchants do interfere, which happens as often as they trade illegally or make any innovations upon the Actes of Trade. The causes and reasons of Mr. Skeene's suspension are mentioned in the Address which the Council and General Assembly presented me upon that occasion, etc. I humbly beg leave to refer you to the said Address: but I humbly hope that your Lordshipes will be of opinion that it's highly reasonable that I should have the nomination of my own Secretary, and that the person which I pitch upon should have the ancient fees and perquisites that did always belong to those that were Secretaries to my predecessors. Acknowledges letters of Oct. 26 and Nov. 22. I have already given directions to have the account prepared, which your Lordshipes mention, etc. This step will alarm the people that have offices and places, and make them confederate and clamour against me: for both the merchantes, patentees, ministers, and other officers, are jealous, that such an enquiry tendes, either to make some regulations to their disadvantage, or to displace some of them, etc. Signed, Rob. Lowther. Endorsed, Recd. May 24, 1712, Read July 17, 1713. Holograph. 4 pp. Enclosed,
378. i. Abstract of proceedings in the Council of Barbados against Mr. Carter, Solicitor General, Jan. 22, 1712, suspending him for appearing against the Queen in the case of the Oxford, etc. Same endorsement. 2 pp.
378. ii. Abstract of Naval Officer's List of ships entered and cleared at Barbados June 25—Dec. 25, 1711. Number of ships, England, 49; Plantations, 77. White sugar; England, 108 hhds., 251 tierces, barrels 34. Muscovado sugar; England, 9820 hhds., 970 tierces, 788 barrels; Plantations, 12 hhds., 103 tierces, 219 barrels. Rum; England, 1 hhd., 3 tierces; Plantations, 1110 hhds., 654 tierces, 434 barrels. Molosses; England, 22 hhds., Plantations, 224 hhds., 44 tierces, 28 barrels. Lime juice; England, 18 hhds., 9 tierces, 15 barrels; Plantations, 2 tierces, 21 barrels. Cotton; England, 541 bags; Plantations, 92 bags. Ginger; 3717 bags; Plantations, 13. Alloes; England, 264 goards. Same endorsement. 1 p.
378. iii. Case of the ship Oxford. Duplicate of No. 318 iv.
378. iv. 31 Depositions relating to the Oxford. Endorsed, Recd. May 24, 1712. 58 pp.
378. v. Certificate that enclosed papers are true copies. Signed, Rob. Lowther. ¾ p.
378. vi.–viii. Copy of Minutes of Council and Assembly of Barbados Jan. 22. Duplicates of Nos. 318 vi.–viii.
378. ix. Copy of proceedings of a Court of Chancery held in Barbados, Aug. 8, 1711–April 5, 1712. 11 pp.
378. x. List of causes undetermined in the Court of Chancery, Barbados. Endorsed, Recd. May 24, 1712, Read 17th July, 1713. 1½ pp.
378. xi. List of French prizes (18) taken and brought into Carlisle Bay, July, 1711—March, 1712. Same endorsement. 1½ pp.
378. xii. Copies of orders given by Governor Lowther to the Captains of the men of war, June 28, 1711—Feb. 23, 1712. Duplicate of Aug. 29, 1712. No. 1.
378. xiii. Copy of Minutes of Council of Barbados, May 12, 1709, relating to the Secretary. Endorsed, Recd. May 24, 1712, Read July 17, 1713. 2¼ pp.
378. xiv. List of French prisoners of war at Barbados. Same endorsement. 3 pp.
378. xv. Copy of Address of the General Assembly of Barbados to Governor Lowther, Oct. 29, 1711, resenting a letter addressed by some of the clergy to Mr. Cleland asking him to obtain redress for the neglect and insufficient endowment of the Church, etc. Same endorsement. 1½ pp.
378. xvi. Copy of the oath taken by H.M. Solicitor General in Barbados. Same endorsement. ½ p.
378. xvii. Copy of a manifest of the loading of the Oxford delivered to the Governor of Barbados by Robert Addison. Signed, Robt. Addison. Same endorsement. 1 p.
378. xviii. Copy of clearance bill of the Oxford from Port Kinsale. Same endorsement. 1 p.
378. xix. Copy of Governor Lowther's order for seizing the Oxford, Nov. 21, 1711. Same endorsement. ¾ p.
378. xx. Extract from the Custom house books at Barbados relating to the Oxford. Signed, John Lane, Collr. Same endorsement. 1 p.
378. xxi., xxii. Copies of a bond and memorandum proposed to have been entered into by the Commander and Consignee of the Oxford. (Duplicate No. 318 v.) Same endorsement. 6 pp.
378. xxiii. Copy of petition of Robert Knowles, master of the Oxford, to Governor Lowther that a libel be exhibited on her seizure, so that he may be enabled to proceed on his voyage. Signed, Robt. Knowles. Received on Dec. 27, and ordered that a libel be forthwith exhibited. Same endorsement. 1 p.
378. xxiv. Copy of petition of Robert Addison, to be admitted a party in vindication of the Oxford. Same endorsement. 1¼ pp.
378. xxv. Copy of libel exhibited by Wm. Bindloss, purser of H.M.S. Experiment, against the Oxford. Same endorsement. 4½ large pp.
378. xxvi. Petition of William Bindloss that Mr. Addison (xxiv.) may not be admitted a party. Same endorsement. 3 pp.
378. xxvii. (a) Petition of William Bindloss, praying that Mr. Addison may be examined to interrogatories relating to the Oxford. (b) The Judge of the Admiralty's decision dismissing above petition Jan. 14, 17 11/12. Same endorsement. 2½ pp.
378. xxviii. Reply of Robert Knowles and Robert Addison to the libel of Wm. Bindloss (xxv.). Signed, Richard Carter, James Cowse, Jan. 7, 1712. Same endorsement. 5 pp.
378. xxix. Reply of Robert Knowles to No. xxv. Same endorsement. 2 pp.
378. xxx. Exceptions taken by William Bindloss to Knowles' reply (No. xxix.). Same endorsement. 3½ pp.
378. xxxi. Copy of the report of the Register of the Court of Admiralty upon the libel, answer, and exceptions (Nos. xxv., xxviii., xxix., xxx.) in the case of the Oxford. Jan. 18, 1712. Signed, Stephen Alexander. Same endorsement. 5 pp.
378. xxxii. Copy of further reply of Robert Knowles and Robert Addison (Jan. 21, 1711). Signed and endorsed as No. xxviii.
378. xxxiii. Copy of exceptions taken by William Bindloss to preceding. Jan. 26, 17 11/12. Endorsed, Recd. May 24, 1712, Read July 17, 1713. 2½ pp.
378. xxxiv. Copy of answer of Robert Knowles and Robert Addison to preceding. Signed, James Cowse. Same endorsement. 6¾ pp.
378. xxxv. Interrogatories to be put to witnesses in the case of the Oxford. Same endorsement. 4 pp.
378. xxxvi. Petition of Robert Knowles and Robert Addison to Dudley Woodbridge, Judge of the Admiralty, praying him to dismiss Mr. Bindloss' libel, on the ground that he was taking no steps to examine witnesses, etc. Feb. 8, 17 11/12. Dismissed, on the grounds that the examination has begun. Feb. 9, 17 11/12. Same endorsement. Copy. 2¼ pp.
378. xxxvii. (a) Copy of petition of Robert Knowles and Robert Addison to Dudley Woodbridge, Judge of the Admiralty, that they be allowed to sail with the Oxford upon giving security to answer the award of the Court. Signed, James Cowse. Feb. 16, 17 11/12.
(b) Copy of Judge of the Admiralty's order for an appraisement of the Oxford, Feb. 20, 17 11/12, prior to deciding above petition. Same endorsement. 2½ pp.
378. xxxviii. Copy of petition of William Bindloss that the Oxford may not be admitted to sail before a hearing. Same endorsement. 3 pp.
378. xxxix. Copy of protest entered by William Bindloss against the order of appraisement, xxvii. (b). Same endorsement. 1 p.
378. xl. Copy of a petition of Robert Knowles and Robert Addison praying a short day for the hearing of the libel exhibited against the Oxford (xxv.). Signed, James Cowse, William Walker. Order that the case be heard on March 8. Same endorsement. 2¼ pp.
378. xli. Petition of William Bindloss that time be allowed him to examine witnesses, Feb. 29, 1712. Same endorsement. 5½ pp.
378. xlii. Petition of William Bindloss that further time be allowed him to examine witnesses, etc. Hearing of case (v. No. xl.) deferred till March 10. Same endorsement. 2 pp. [C.O. 28, 13. Nos. 104, 104 i.–xlii.; and (without enclosures) 29, 13. pp. 32–46; and (duplicates of Nos. xi., xii.) 28, 43. Nos. 55, 77.]
April 10. 379. Commission and Instructions appointing Francis Brooke Surveyor General of North Carolina. [C.O. 5, 290. p. 56.]
April 12.
380. Col. Lilly to [? the Earl of Dartmouth]. Refers to letter of Feb. 18. I presume my instructions from the Board of Ordnance, 1704, to keep my station at Barbados, remain in force, etc. Signed, Chrn. Lilly. 1 p. Enclosed,
380. i. Extract from Col. Lilly's Journal of his visit to Newfoundland, Nov. 12, 1711. Recommends the building of a fort on N.W. part of Ferryland Head, etc. Signed, Chrn. Lilly. 2½. pp.
380. ii. Duplicate of No. 317. [C.O. 28, 43. Nos. 75, 75 i., 76.]
[April 14.] 381. H.M. Warrant for admitting Charles Long to the Council of Jamaica upon the first vacancy, Feb. 18, 170¾. (v. C.S.O. 1704, Nos. 79, 107). Countersigned, Nottingham. Endorsed, Recd. from Mr. Tryon 8th, Read 14th April, 1712. Copy. 1 p. [C.O. 137, 9. No. 65.]
April 15.
382. The Earl of Dartmouth to the Council of Trade and Plantations. Encloses following for their report. Signed, Dartmouth. Endorsed, Recd. Read April 16, 1712. 1 p. Enclosed,
382. i. Extract of letter from Lt. Governor Spotswood to Lord Dartmouth, Feb. 8, 1711. I am taking all necessary precautions for securing the country against the Indians, and by the voluntary offers of several gentlemen of the Councill to advance mony on the credit of the revenue for making good the treaty with the Tuscoruro Indians, I hope to keep that nation in our interest, and by that means put a speedy end to the present danger, unless the French (who 'tis said now trade with Indians not very remote) should find means to unite their Indians with those concern'd in the late massacre and furnish them with arms and ammunition to attack us. This is the more to be feared, because I have advice from persons who have lived amongst the Indians that the Senequa's (a numerous people) have of late been very industrious to unite all the scattered body's of Indians on the frontiers of this and the neighbouring Governments, and seem more particularly provoked against us on account of one of their kings being killed some time ago by an inhabitant of this Colony as he was hunting. If they should for this prosecute a revenge, such a combination of all our neighbouring Indians might put our frontiers in a very unhappy condition, considering how ill we are provided to encounter an enemy, that is no otherwise to be reduced but by a continual pursuit through the woods and desarts, a fatigue which our people will never be able to endure without the conveniency of tents to secure them from the weather. I therefore humbly offer to your Lordps'. consideration to move H.M. for a supply out of the Tower of about 300 soldiers' tents, some small arms and powder, with two brass three pounders mounted on feild carriages for an expedition; such a supply would be of the greatest service, if we should be reduced to a necessity of pursuing the Indians, or of attacking them in their forts and without which it will be extreamly difficult to free ourselves effectually from the invasions of that enemy. 2 pp. [C.O. 5, 1316. Nos. 79, 79 i.; and 5, 1363. pp. 397–399.]
April 16.
383. Council of Trade and Plantations to the Earl of Dartmouth. Reply to preceding. We are humbly of opinion, for the reasons mentioned Dec. 6th, that considering the present circumstances of Virginia, their inability of supplying themselves, and the apprehensions Col. Spotswood is under of an Indian war, which if it should happen, might be of very ill consequence to that Colony and the tobacco-trade, it is necessary for H.M. service that Col. Spotswood be supply'd with powder and small arms, as also with 300 tents, as he now desires, without which we do not think it practicable for him either to repell or pursue the Indians in case of any attempt. [C.O. 5, 1363. p. 400; and 5, 1335. No. 170; and 5, 1341. No. 19.]
April 17.
St. James's.
384. Order of Queen in Council. Referring to the Council of Trade and Plantations the following for their report. Signed, Christo. Musgrave. Endorsed, Recd. 6th, Read 9th May, 1712. 1 p. Enclosed,
384. i. Petition of Elizabeth, widow of Jordain Salenave, to the Queen. Prays to be allowed possession of the plantation in St. Kitts as granted to her Feb. 2, 1692 (3). (v. C.S.P. 1693. No. 49, and A.P.C. II. No. 489.] Copy. 2 pp.
384. ii. Copy of Order of King in Council Feb. 2, 1692. (C.S.P. 1693. No. 49.) [C.O. 152, 9. Nos. 115, 115 i., ii.; and 153, 11. pp. 465–468.]
[April 18.] 385. Col. Nicholson to the Council of Trade and Plantations. It is proposed that if Canada must remain in the possession of the French King, that the bounds of it be from the mouth of the River St. Laurence south-west as far as Mont Real, and from thence to go on in a westerly line to the sea, and that all that part of the Continent wch. lies on the north of the river be reckon'd into the bounds of Canada, Hudson's Bay with the English settlements therein included, and in lieu of this cession on the part of Great Britain, the French to be obliged never to come beyond 20 miles on the south of the said River of Canada, and that distance to be setled as their southern bounds, provided at the same time that they are at the mouth of the said River to keep 20 miles distant from the River and Bay of Gaspes. And for a satisfaction to the Hudson's Bay Company it is propos'd that the Queen shall give them all the Islands and terra firma lying between Cape Roziers of the River of St. Laurence and Cape Bretton Island, which will be an abundant recompence to ye company for what they part with in Hudson's Bay, not only because they will here find the same furr trade they had there, and a fishery with naval stores into the bargain, but because their settlements in Hudson's Bay are so far North that ships can't come to 'em above 3 or 4 months in ye year, and the Canadians having got their Indians from 'em will beat 'em out of that trade entirely. This will likewise be a service to ye Crown, as it is a strengthening to ye Colonies on the Continent, and will be so to what shall be settled in the Bay of Fundee, whereas their present settlements are of no use in that respect at all. Signed, Fr. Nicholson. Endorsed, Recd. 18th, Read 22nd April, 1712. 1 p. [C.O. 5, 865. No. 79; and 5, 913. pp. 373, 374.]
April 20.
386. Mr. Hare to Mr. Popple. Mr. Secretary St. John having some matters to discourse ye Lords Commrs. of Trade upon which will compose ye dispatches of ye next post, designs to be with their Lordships on Tuesday, etc. Mr. Secretary thinks it may be proper that Mr. Nicholson, and such of the merchants trading to New England, and concerned in the fishery there as ye Lds. of Trade shall think convenient, should attend att ye same time. Signed, J. Hare. Endorsed, Recd. 20th, Read 21st April, 1712. 1½ pp. [C.O. 5, 865. No. 78; and 5, 913. p. 372.]
April 22.
387. The Earl of Dartmouth to the Council of Trade and Plantations. Upon my laying before H.M. Mr. Spotswood's letter of Feb. 18 etc. (v. April 15 and 16), H.M. has commanded me to acquaint you that she has been informed great abuses have been committed in the disposal of stores sent to the Plantations for the publick service, and that it has been a common practice to sell arms and other implements of war to those very Indians against whom they were intended to be employed. H.M. therefore thinks fit that you consider of the most proper methods to prevent these frauds which are doubly injurious to Her subjects, particularly you are to give your opinion whether it is not adviseable that the Governor, when any occasion requires he should make a distribution of arms, ought not to be directed to take security for their being redelivered into the magazins when the service is performed. Signed, Dartmouth. Endorsed, Recd. 23rd, Read 28th April, 1712. 1¾ pp. [C.O. 5, 1316. No. 80; and 5, 1363. p. 401.]
April 22. 388. James Campbell to Mr. Popple. Encloses following. Signed, Ja. Campbell. Endorsed, Recd. April 23, 1712. Addressed. ½. p. Enclosed,
388. i. Archibald Cumings to James Campbell. London, April 21, 1712. Reply to questions of April 2 concerning Newfoundland. Mainly agreeing with April 5. Concludes: That trade has lyen under severall dyceadvantages, particularly by severall ships from Spain with Spanish colours navigated with Spaniards and all manner of Spanish manufactures by vertue of H.M. passports under colour of British interest though not one shilling interested in them, besides linnens, iron, alamodes, canvis, fruites and oyls, contrary to law and the prejudice of our manufactures in generall, and tends to the carrying on an illegal trade to the plantations, to the prejudice of the trade and navigation of Great Britain, etc. Signed, Archd. Cumings. 1¾ pp. [C.O. 194, 5. Nos. 13, 13 i.]
April 23.
389. Council of Trade and Plantations to Mr. Secretary St. John. Refer to Representation of Feb. 16, and Order in Council of March 1, 17 10/11 (q.v.) relating to the Revenue of New York. We have been lately informed by Col. Hunter and Col. Quary, as also by a Representation from the Council of that Province, that notwithstanding the repeated and pressing instances of the Governor and Council, the Assembly continue still obstinate, and are so far from expressing their duty to H.M. in providing a suitable revenue for the support of that Government, that they have made several votes and resolutions derogatory to H.M. Royal prerogative, one or more of which we take leave to instance in:—They pretend they do not sit as an Assembly and dispose of mony by virtue of any Commission, Letters Patents or other grant from the Crown, but from the free choice and election of the people in consequence whereof they will not admit of any amendments by the Council to any mony bills. The Governor is impower'd by his commission to establish such and so many Courts of Judicature, as he with the advice of the Council shal see necessary. He having by the advice aforesaid erected a Court of Equity, the Assembly whereupon resolv'd that the erecting a Court of Equity without consent in General Assembly, is contrary to law, without president, and of dangerous consequence to the liberty and property of the subjects. Upon which, we are humbly of opinion that if the Assembly of New York is suffer'd to proceed after this manner, it may prove of very dangerous consequence to that Province, and of very ill example to H.M. other Governments in America, who are already but too much inclin'd to assume pretended rights tending to an independency on the Crown. And therefore we humbly offer that H.M. be pleas'd to signify to the Governor of New York Her displeasure and disapprobation of such undutiful proceedings of the Assembly; and that H.M. pleasure be likewise signify'd upon the abovementioned draught of a bill for settling a Revenue at New York (a copy whereof is here inclosed) for that we have reason to believe, from their proceedings, that without some provision be made by parliament here, no revenue will be settled there; as we more fully laid before H.M. the 13th of November last. [C.O. 5, 1122. pp. 489–492.]
April 25. 390. Mr. Attorney General to the Council of Trade and Plantations. I have considered the Act past at Barbados, Aug. 8, 1706, for the better enabling the executors of Christopher Estwick to pay the debts of the sd. Christopher, in which Act it is recited that Richard Estwick, gent. having two sons, Richard and Christopher, and two daughters Elisabeth and Anne, devised one half of his real estate to Richard and the heirs of his body, with cross remainders in tail among them, charged with the payment of his legacies. Remainder to his two daughters in tail, remainder in fee to his widow. That Richard the eldest son dying without issue, the whole estate came to Christopher, and that he having made his will, and thereby made some provision for his onely son, and two daughters, and made several executors, and not having fully discharged his father's legacies, dyed incumbred with debts to the amount of £6000. That the said Christopher was also seized of several negros of his own purchase; that the creditors had commenced or threatened suits agt. his executors for recovery of their debts, whereby his personal estate, and his negros were in danger of being wholly extended and sold to satisfie them, and if the negros are taken off from the Plantation, whereof he was seised in tail, the Plantation would become of little value to the son, which could not be prevented by any way but by applying the whole profits of the estate to discharge the incumbrances, and by allowing the creditors interest in the mean while at 10 p.c., and that the executors did conceive that this way the estate would in all probability be preserved entire, and be cleared by the time the son should come of age. And therefore it is enacted, that the executors be impowered to apply the profits of the whole estate towards payment of debts and incumbrances, and to allow the creditors 10 p.c. interest till paid off. Which Act, I am of opinion, is unreasonable, in regard thereby the entailed estate, which descended to the infant, and was not chargeable with the debts of his father, is charged with the same, and also with 10 p.c. interest, and no provision whatsoever is reserved for the son, during the time the debts are clearing. I beg leave to take notice on this occasion that the Governors of the Plantations do not observe their instructions in transmitting the Laws passed in the Plantations, within the time prescribed for them to transmit the same. It appearing in this particular case, that this Act was passed Aug. 8, 1706, and not reced. by your Lordships till 12th Feb. 1711, and therefore I submit it to your Lordps.' consideration, whether the Governors of Plantations are not to be put in mind of taking care that laws passed in H.M. Plantations be transmitted for H.M. approbation in due time. Signed, Edw. Northey. Endorsed, April 29, Read May 22, 1712. 2 pp. [C.O. 28, 13. No. 90; and 29, 12. pp. 425–428.]
April 28.
Council Office.
391. Mr. Musgrave to the Council of Trade and Plantations. I am commanded by ye Lords of H.M. most honble. Privy Council to desire yr. Lordships will forthwith transmit all such papers etc. as shall be in your possession yt. relates to ye disorders of Antegoa, etc. Signed, Christo. Musgrave. Endorsed, April 29, 1712. 1 p. [C.O. 152, 9. No. 110; and 153, 11. p. 456.]
April 30.
(May 3 and 30th). Charles Fort in St. Christophers
392. Robert Cunynghame to the Council of Trade and Plantations. I beg to lay my case before your Lordships, being now a prisoner in Charles Fort under the oppression of Walter Douglas, Capt. General of the Leeward Islands. The 29th Nov. last was sworn a Representative in the Assembly of this Island, the same day was brought to them from the General and Council by John Willett a bill for raising a levey to defray the publick charges of this Island with the Queen's seale for this Government affix'd to it, by which the General did expect should be paid him 100,000 pounds of sugar in cash. Mr. Willett said the seale was affixed the General being in hast to be gone; I then had my protest against it entered into the Minutes of the Assembly, the Island being in such unhappy circumstances that we canot make such presents which did beleive would be entailed upon our posterity and for such other reasons as the great hast to have the bill past would not allow time to reduce into writing. Jan. 7th being the next time the Assembly met and Speaker present, I entered into the Minutes my other reasons for protesting against the said Bill (enclosed). Some time after I received a message by a friend from Mr. Thornton the General's great favorite advising me to consider my numerous family, but not to be so frightened from my duty I spoke more openly against the General's having the 100,000 lb. sugar, the Bill not having the consent of the majority of the Assembly as the Queen directs in her commission. In all times before, whenever a levey bill was in agitation, it had seven yea's in the Assembly, then was signed by the Speaker and sent to the Council, which if approv'd of by them, Council and Assembly offer'd it to the General, who allowing of signed it and commanded the seal to be affixed, but, My Lords, General Douglas is satisfied with five yea's and the Speaker, provided he have the 100,000 lb. sugar notwithstanding our being at present objects of the Queen and Parliament's charity in making good in some measure the losses sustained by the French, our much greater losses by the hurrycane (many can say) which happened the night between the last of August and first of Sept. 1707, our perticular very great debts, which if compelled to pay would ruine most of the inhabitants, and the publick debts which by accots. adjusted amount to about £6500. Being informed on Sunday the 13th that the General who arrived here the friday before had some persons examined for words spoke by me, as I had said nothing but the truth, I writ him on the 14th what I had said. I must acknowledge I could have writ more civily, but under a cloak of greatest friendship he put hardships upon me and my children, etc. The same day I was served with a falce, scandalous and malicious warrant (v. No. ii.). In answer to the first charge, tho' I have served the Crown many years in the regular troops as Commandant of the Windward side of the Island, the Queen in her Council here, as Speaker to a General Assembly, and for several years to the perticular Assembly of this Island, yet no gentleman has bin so regular in riding the rounds as myself, and have ever press'd a more regular discipline, and in the parish of St. John Capisterre there has bin but seven men to do duty in the Foot, and but now six of which four are my servants, and when we had the seventh man he was hired by us in common to attend our negroes in building a Church, there are four members of Council livers in the same parish, and all together have not one man to do duty in the foot: to the second charge, I have spoke openly against the General's having the 100,000 lb. sugar as contrary to the Queen's intentions and not having the consent of the people's Representatives as H.M. directs in her Commission. I have also told the General in perticular and as his friend of the wrong I thought he did the Queen and himself in giving as I thought the Militia out of H.M. power, by consenting that all persons shal serve in such stations as shal be directed by the seven chief officers of the Island which your Lordships will judge of, if the Act be laid before you. I was had the 15th before the General in Council. He ask'd me if he was the Queen's Chief Magistrate here, I answered, he was. He having my letter in his hand ask'd me how I dared to writ it to him. I answer'd I had writ it and would stand by it. He asked me where I would be tryed, in England or here. I answer'd where he pleas'd, He charg'd me with sedition. I answer'd I am as faithfull and loyal a subject as any the Queen has. He bid me remember Col. Park at Antigua. I answer'd I hoped St. Kitts would never be guilty of the like, that I wisht him alive and at the head of that board. He askt if I had anything else to charge him with, if I had to declare it, my answer was I would not there, but in proper time and place I should. He asked me what authority I have to write to your Lordships, I answered I am one of the people's representatives, have a smal estate and numerous family. He wisht himself upon a level with me. I wisht he was. Mr. Liddell interposed desired me not to aggravate matters, but that they might be composed. I answered I did not aggravate, but should be pleas'd if H.E. was gratified, a paper was brought him ready sealed, which being read to me was a mittimus to Charles Fort for high crimes and misdemeanors. I offer'd bayle, which he refused: I applyed to the Queen's Council, offering bayle. Mr. Liddell answered I did see the General would not allow of it. I desired a copie of the mittimus, the General said I should have it, but I have it not,—was hurried away in the great heat of the day as the greatest of malefactors and not allowed to stay in towne the coming of my horse. On Wedn. the 16th Mr. James Rawleigh came to Lt. Holland the officer commanding the Fort and told him 'twas the General's order he should attend him and carry the mittimus. I desired of Lt. Holland a copie of it, he refused untill he should go to the General. On the 17th I desired of Lt. Holland a copie of the mittimus, his answer was he had left it with the General. On Good friday the 18th my little son of twelve years old bringing me a letter from his mother, Lt. Holland took me aside, advised me to be cautious, for that he had orders from the General that no letters should come to nor go from me but what he should see. Your Lordships do see the oppression I lye under, being haled from my wife and eleven children on a false pretext, committed a prisoner as for high crimes and misdemeanours, do know none of them, am denied a copie of my mittimus, had none of the evidence confronted, know not what is sworne against me, and £4000 bayle refused for my appearing to a tryal, and this very letter is privately writ to your Lordships, who are appointed by H.M. to hear the complaints of her oppressed subjects in the Plantations. I perswade my self your Lordships will take such measures herein as shal be for the Queen's honor and ease of her oppressed subject, who values himself on his having the honor to be descended from an ancient, noble and loyal family, and the son of a gentleman Richd. Cunynghame, late of Glengarnock, who did as great services for King Charles I and II in their misfortunes as any of his rank. I do hope I may have reason likewise to value myself on the justice I shal have against General Douglas by your Lordships' means. Signed, Ro. Cunynghame. Endorsed, Recd. Read Aug. 12, 1712. 3 pp. Enclosed,
392. i. Copy of Robert Cunynghame's reasons for protesting against the Act of St. Christophers for raising a levey to defray the public charges, etc. Jan. 7, 17 11/12. 2 pp.
392. ii. Copy of General Douglas' warrant for the arrest of Robert Cunynghame, on the charge "made to appear to me this day in Council by the information of divers persons upon oath, that he hath industriously and of his evil disposition endeavoured to stir up the militia to mutiny and disobedience of their officers," etc. "and to move the inhabitants to disobey the Acts of the Council and Assembly," etc. Signed, Walter Douglas, April 14, 1712. ½ p. [C.O. 152, 9. Nos. 125, 125 i., ii.; and (without enclosures) 153, 11. pp. 500—507.]