America and West Indies: May 1713

Pages 174-184

Calendar of State Papers Colonial, America and West Indies: Volume 27, 1712-1714. Originally published by His Majesty's Stationery Office, London, 1926.

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May 1713

May 4.
330. Order of Queen in Council. Approving representation of April 1st. The Lords Commrs. for Trade and Plantations are to lay the draft of the Act for granting a Revenue to H.M. in New York before the House of Commons as soon as conveniently may be. Signed, Edward Southwell. Endorsed, Recd. 8th. Read 15th May, 1713. ¾ p. Enclosed,
330. i. Duplicate of Representation No 313.
330. ii. Heads of the proposed Act of Revenue for New York. 1¾ pp.
330. iii. Draught of (above) proposed Act, laid before H.M. March 15, 17 10/11. Subscribed, We approve of this Act, Edwd. Northey, Robt. Raymond, March 13, 1710. 7¾ pp. [C.O. 5, 1050. Nos.64, 64 i.-iii.; and (without enclosures) 5, 1123. pp. 113, 114; and (No. ii.only) 5, 1085. No. 12.]
May 4.
331. Order of Queen in Council. Referring following to the Council of Trade and Plantations, for their opinion with all convenient speed. Signed, Edward Southwell. Endorsed, Recd. 7th, Read 18th May, 1713. 1 p. Enclosed,
331. i. Lords Proprietors of Carolina to the Queen. St.James's Square. April 25, 1713. Desire H.M.approbation of Charles of North Carolina. Signed, Beaufort, Carteret, M.Ashley, J.Colleton, J.Donson. Copy. ¾ p. [C.O. 5, 1264. Nos. 134, 134 i.; and (without enclosure) 5, 1292. p. 381.]
May 4.
332. Order of Queen in Council. Ordered that the Lords Commrs.for Trade and Plantations do forthwith cause the proclamation for publishing the Treatys of peace and commerce lately concluded between H.M. and his Most Christian Majesty the French King to be sent to the respective Govrs. of H.M. plantations in America, with directions to them to cause the same to be solemnly published in the usual places within their Governmt.; and also to give notice to all privateers nad comanders of ships to cause the said articles of peace and commerce to be observed inviolably according to the tenor of the said Proclamation. Signed, Edward Southwell. Endorsed, Recd. 7th, Read 8th May, 1713. ¾ p. [C.O. 323, 7. No. 25; and 324, 10. p. 35.]
May 5.
Barbado's Secretary's Office.
333. A. Skene to Mr.Popple. The inclosed papers will informe you of the barbarous treatment I have met with since my arrival, wch. I beleive is not to be paralleled, and such as I hope their Lordships will highly resent, especially the freedom Mr. Lowther has taken with them in his summons, you are sensible how openly I acted all that affair, and how much not only Mr. Lowther, but Mr. Crowe was indulged, which occasion'd me great delay, notwithstanding whereof Mr. Lowther declares publickly that all my success is by practiceing on the Lords of Trade, etc. Signed, A. Skene. Endorsed, Recd. 10th, Read 16th July, 1713. Addressed. Postmark. 1 p. Enclosed,
333. i. Copy of summons by Governor Lowther, requiring Alexander Skene to attend him in Council to answer reflections cast upon the Governor by his petition to the Queen and misrepresentation of him to the Council of Trade, etc., whereby he prevented the Lords of Trade from giving any judgment upon the several extortions, crimes and misdemeanours for wch. he was suspended, etc. Pilgrim, April 27, 1713. Signed, Robt. Lowther. ½ p.
333. ii. The case of Alexander Skene. Mr. Skene arrived in Barbados March 25 with H.M. order for restoring him to his office. Mr. Barwick and Mr. Upton refused to refund him the profits of his office, the latter because he had paid the Governor 400l. quarterly. April 22. Skene petitioned the Governor for relief. H.E. merely replied that he must apply to the Queen. From Skene's arrival to that time, H.E. expressed the most violent resentment against him, threatening him, and not suffering him to come in his presence when he brought him any paper to signe, and yet refusing to sign any papers unless he brought them. On April 27 Skene preferred a second petition, praying for H.M. seal of this Island to two copies thereof to lay before H.M., but received no answer. The same day he was serv'd with a summons (v. No. i.). Skend attended with his answer in writing, but the Governor refused to have it read. Mr. Skene desired H.M. order to be read and entered, whereupon Mr. Lowther flew into a violent passion and reviled him, and would not suffer H.M. order to be read, etc. He then called in all the persons whose depositions he had formerly made a handle to suspend Skene, desiring them to recognize their depositions, and telling Mr. Skene that he might cross-examine them, tho' most of them were not upon oath and did declare they would not swear again. On the day following Skene produced his patent and tender'd his deputy, but Mr. Lowther would not admit him. During the whole proceedings not one member of Council opened his mouth. H.E. order'd what he thought fit to be enter'd, and when one of the members of Council asked if he would take the opinion of the Board in yt. affair, he answered that he did not want their opinions, and adjourned the Council. Skene foreseeing that the Minutes as entered might carry some reflection upon him, for they were not the Council's but the Governor's, made his application to several of the members to attest a true account of those two daies proceedings, wch. five of them have accordingly done. It is the currt. report that as soon as the ships saile for Brittaine, Skene will be suspended and prosecuted to the utter ruine of him and his family. Endorsed as letter. 3¾ pp. [C.O. 28, 13. Nos. 101, 101 i., ii.; and (without enclosures), 29, 13. pp. 19, 20.]
May 5. 334. Mr. Attorney General to the Council of Trade and Plantations. Reply to queries of April 28. (i) Depends on the authority the succeeding Governors had for making such new grants or grants of confirmation, etc., and thereby reducing the old-quit rents, which is not stated, but I am of opinion if the succeeding Governors had a sufficient authority by their Commissions for making such reduction and such new grants by the Act passed at New York March 2, 168 8/9, were not resumed, the patentees are to pay no more than the reduced quit-rents. But if the succeeding Governors had not by their Commissions authority to make such reductions, which I am of opinion they had not, if the power granted to them was only for making grants of lands not in grant, or that should after escheat to the Crown, especially if upon the making the new grant or grants of confirmation, the former grants were not surrendred, their old quitrents are and ought to be paid, and the grants of reduction will be void. (ii) I am of opinion, if from the time of the reservation of quit-rents, such as should after be established by the laws of New York, no Act of Assembly hath been passed for establishing what such quit-rents should be, nor any declaration of the Government for ascertaining the same, and in ye other case where the rents are reserved to be such as should be established by the Duke of York, his heirs or successors, no such establishment hath been made by him, his heirs, or successors, the rents of 2s. 6d. for every 100 acres established by her present Majesty's Instructions, are the rents that are to be paid upon those grants; and if the reservations in the Patent are to be paid annually from the dates of the grants, H.M. if she shall be so pleased, may insist upon the arrears of rent, from the times of such grants. But if the words of reservation are as loose as stated in the case, I am of opinion the quit-rents will be only to be paid, from the time they were established by such H.M. declarations, and I cannot think it would be amiss if an Act of Assembly were past for establishing this matter. Signed, Edw. Northey. [C.O. 5, 1123. pp. 119, 120.]
May 7.
335. Council of Trade and Plantations to the Queen. Reply to April 15. We have no objection to H.M. approval of Robt. Johnson as Governor of Carolina, provided he qualify himself as the Law requires, and give good security as usual in 2,000 sterl. for observance of the Acts of Trade and Navigation and H.M. Instructions touching the same. [C.O., 5, 1292. p. 379.]
May 8.
336. Circular letter from the Council of Trade and Plantations to the Governors of Plantations, enclosing Proclamation for publishing the Peace, with directions as ordered May 4, q.v. [C.O. 29, 13. pp. 5, 6; and 38, 7. p. 179; and 5, 727. p. 319; and 5, 913. p. 382; and 5, 1123. pp. 112, 113; and 5, 1292. p. 380; and 5, 1363. pp. 486, 487; and 5, 1335. No. 182; and 138, 13. p. 423; and 153, 12. p. 75; and 218, 1. p. 80.]
May 8.
337. The Earl of Dartmouth to Governor Nicholson. I send you enclosed two original letters from his Most Christian Majesty, one directed to the Marquis de Vaudreuil Governor of New France, the other to Monsr. Phelypeaux Governor of the French American Islands. Upon sight of the former it is not doubted but the Isle of Newfoundland will be delivered to you, the other you will gett conveyed by the safest and most expeditious method you can to Mr. Dowglass, H.M. Governor of the Leeward Islands, who in that quality is Govr. of St. Christophers. I wish you a happy voyage. Signed, Dartmouth. Enclosed,
337. i. The Earl of Dartmouth to Governor Dowglass. You will find enclosed an original letter from his Most Christian Majesty to Monsr. de Phelipeaux acquainting him, that St. Christophers is yeilded to H.M. by the Peace of Utrecht, and requiring him to conform himself thereunto. There is no room to doubt but upon this order, you will be left in the quiet possession of all that Island for H.M. Signed, Dartmouth. [C.O. 324, 32. pp. 215, 216.]
May 11.
N. York.
338. Governor Hunter to Mr. Popple. Tho' I have not had the honor of a letter from their Lorps. of a long time, I have heard from other hands with much pleasure that I am not out of their thoughts, and when more important affaires are dispatcht I can not doubt but that their just representations will have their due weight and effect. I acquainted their Lorps. lately by the Hector and Shoreham that I had dissolv'd the old and call'd a new Assembly, and gave my reasons for so doing with the little hopes I had from a new election. I am not dissappointed for all the avow'd opposers of H.M. interests are chosen again, and avowedly for that end. For men of the best sense and figure have been rejected for the bare supposition that they would be for supporting the Govt. This Assembly which is to meet on the 12th instant will be of a short duration in all probability for having nothing in expectation from them but affronts to authority and disrespect to H.M., I shall conclude it necessary to prevent the ill effects of their frenzy by a speedy dissolution. After that you must expect to hear of a general alteration in the commissions of peace and militia, that ill men may no longer use H.M. authority against her. I use all means imaginable to keep the Palatins together in hopes that they may be again['d] imploy'd in the maner H.M. has given in Instructions to me but many are gone of their own heads to setle at Scoharee and the frontieres. Some few clergymen in Pensilvania have thought fitt to disturb the peace of the Jerseys as much as in them lyes, but the clergy here are upon the point of meeting to do themselves and me justice. Herewith you'll receive two printed papers which will refresh your memory as to the true state of my strugle with the Assembly here. I wrote once for an augmentation of the forces here. I am bound by duty to acquaint their Lorps. that I humbly conceive that the Government here is too weake, however they may depend upon this, that I shall not part with any of H.M. rights and prerogatives (or depart from her interests) but with my life. I have receiv'd from one Thomas, mr. of a merchant ship, the carriages and stores that I wrote for; but no letter or advice from the Ordnance, etc. Signed. Ro. Hunter. Endorsed, Recd. 1st, Read 15th July, 1713. 3 pp. Enclosed,
338. i. An address "to the inhabitants and freeholders of Westchester County." States the points at issue over the Revenue Bills and urges the election of supporters of H.M. Government. No signature. Printed. 4 pp.
338. ii. Address of the Grand Jury of New York to Governor Hunter. May 5, 1713. Commend his just administration and condemn the calumnies of evil-minded persons. Express thanks for H.M. defence of the Province, etc. Printed. 1½ pp.
338. iii. A pamphlet addressed "to all whom these presents may concern." Recounts the action of the Assembly as regards the Revenue, and advises the people of New York to settle a Revenue speedily, "or it will be settled to your hands." Printed by William Bradford, New York, 1713. 9 pp. [C.O. 5, 1050. Nos. 65, 65 i.-iii.; and (without enclosures) 5, 1123. pp. 115–117.]
May 15.
339. Council of Trade and Plantations to the Earl of Dartmouth. Enclose following:
339. i. H.M. additional Instruction for Lt. Governor Pulleine. Whereas several inconveniences have arisen to Our Government in the Plantations, by gifts, and presents made to Our Governors by the General Assemblys, We have thought fit hereby to signify our express will and pleasure; that neither you Our Lt. Governor, nor any Lt. Governor, Commander in Chief, or President of Our Council of our Bermuda Islands, for the time being do give your, or their consent to the passing any law, or act for any gift or present to be made to you or them by the Assembly; and that neither you nor they do receive any gift, or present from the Assembly, or others, on any account, or in any manner whatsoever, upon pain of Our highest displeasure, and of being recalled from that Our Government; except only that in case there be no house, belonging to us fit to receive you, We are pleased to permit the General Assembly of Our said Islands, to assign, or provide such a house or rent for the same, out of the publick levies, and to allow you Our Lt. Governor, and the Lt. Governor for the time being to accept thereof, untill a house be built for that purpose provided that the assignment of a house, or rent for the same as aforesaid, be made at the first session of Assembly after such Lt. Govr's. arrival, or after your receipt of this signification of Our Royal pleasure in this behalf; and that the said house or rent for the same, be assign'd to you and our Lt. Governor for the time being, for the whole time of your, or his government. And whereas the salary of Our Lt. Governor of those Islands, amounting to 400l. sterl. per annum may not be sufficient for his support, We have been graciously pleased to give direction that 100l. sterl. per annum more be added out of Our Exchequer, to your present salary, and to the salary of the Lt. Governor of Our said Islands for the time being. And whereas by this encreas of salary out of Our Exchequer, ye Assembly will have an opportunity, and be in a condition of applying such sums as they gave in presents to the Lt. Governors towards such publick uses as may be most necessary for the defence and safety of the said Islands, We do not doubt but that in consideration of Our care in exempting Our good subjects from the giving of presents, the said Assembly may be the more easily induced to contribute in a more ample and effectual manner to their own safety and preservation. And We do further direct and require that this declaration of Our Royal Will and Pleasure be communicated to the Assembly at their first meeting after your receipt hereof, and enter'd in the Registers of Our Council, and Assembly, that all persons whom it may concern may govern themselves accordingly. [C.O. 38, 7. pp. 180–183.]
May 16.
Treasury Chambers.
340. T. Harley to the Council of Trade and Plantations. H.M. Postmasters General having made a representation to my Lord Treasurer, concerning the loss which that branch of H.M. Revenue in North America is like to suffer, by the currency of paper bills throughout H.M. Dominions there, his Lordship desires you will consider it, as well with respect to H.M. Revenues in general, as to the mischeif which must attend the trade of her subjects in those parts, when it is carry'd on by a specie that has no fond to support the same, and to propose what you think fit for H.M. to do therein. Signed, T. Harley. Endorsed, Recd. 18th May, Read June 1st, 1713. 1 p. Enclosed,
340. i. Postmasters General to the Lord High Treasurer. General Post Office, May 9, 1713. Mr. Hamilton who has the management of the posts throughout H.M. Dominions on the Continent of North America represents a difficulty to have happened to our Deputies in New England, by reason of an Act of Assembly past there, which injoins the currency of paper bills as specie throughout that province, whereby should the postage due for letters be insisted on to be paid in those bills, that branch of the Post Office would suffer considerably by the great discount on the said bills, and as the nominal value of the lowest species of such bills amounts to a crown, and the postage of a single letter amounts but to a very small part of that sum, there will be a necessity, if the postage of letters be not actually paid in money, for our deputies to keep accounts with the merchants or dealers there to whom letters are directed, till the postage shall amount to five shillings, or to exchange money for bills on the delivery of each letter, which would be attended with a great loss out of the produce of the letters of yt. Province, etc. We humbly propose that a letter may by H.M. commands be writ to the Governor and Councill there recommending on this occasion to their particular care and encouragement the posts of that Province, and that as the Act of Parliament establishing ye rates of the postage of letters through all H.M. Dominions expresses the same to be paid in British mony, the postage of the letters of New England may be paid therein as formerly, and as now is practised throughout all H.M. other Dominions on ye said Continent. Signed, Tho. Frankland, J. Evelyn. 2½ pp. [C.O. 5, 865. Nos. 87, 87 i.; and 5, 913. pp. 383–385.]
May 18.
341. Council of Trade and Plantations to the Queen. Reply to May 4. We have no objection to H.M. approval of Charles Eden as Governor of North Carolina, provided he qualify himself as the law requires, and give good security for his observing the Acts of Trade and Navigation, and of H.M. Instructions touching the same. The security usually given by the Governors of the Proprieties is in a bond of 2,000l. sterl., but in regard the trade in that part is inconsiderable, we humbly offer that his security be in a bond of 1,000l. [C.O. 5, 1292. pp. 382, 383.]
May 18.
St. James's.
342. Order of Queen in Council. Charles Eden is approved as Governor of North Carolina, upon giving a bond of 1,000l. in security as proposed, No. 341. Signed, Edward Southwell. Endorsed, Recd. 22nd May, Read 4th June, 1713. 1¾ pp. [C.O. 5, 1264. No. 135; and 5, 1292. p. 384.]
May 20.
343. The Earl of Dartmouth to Governor Nicholson. The Queen having been pleased to declare that she would shew some marks of her favour to such of the subjects of France as had a property in any lands or houses lying in the Plantations that are yielded to her by the Treaty of Peace, in case his Most Xtian Majty. could be prevailed upon to release those who were in the gallies on account of religion and the Court of France having declared their acceptation of this proposal; you are to suffer the French to enjoy their estates in all parts of your Governmt. til H.M. pleasure be further known. [C.O. 324, 32. p. 218.]
May 20.
344. Governor Lowther to the Council of Trade and Plantations. I have received a copy of your Lordshipes report upon my proceeding against Mr. Skene: I shall not take upon me to expostulate anything with your Lordshipes concerning it, or touching the injury I conceive it hath done me; being intirely satisfy'd that it did not arise from any prejudice or ill-will your Lordshipes have to me, but from the false account that was given you both of me and my proceedings, for I understand your Lordships have been informed, that I refused to let Mr. Skene have a copy of his charge, that the evidence against him was taken ex parte, that I suspended him because he would not pay me 400l. per annum out of the Secretaries office, with several other severe misrepresentations and false suggestions which I am persuaded your Lordshipes will be undeceiv'd of, after you have perused my answer to these aspersions: it is enter'd in the Council Books and will be sent you in a fortnight or three weeks at the furthest, in the meantime I must intreat your Lordshipes not to determine anything of me or my affairs till you have heared what I have to offer in my justification. I have (in obedience to the Queen's commandes) restored Mr. Skene to all his offices and places. After I had sworn him into the office of Secretary to the Council he desired that I would allow him to appoint a Deputy, but I could not agree to it, because he executes the office of clerk to the several Courts by a Deputy, and I am commanded by my 34th Instruction not to suffer any person to execute above one office or place by a Deputy, etc. Signed, Rob. Lowther. Endorsed, Recd. Read July 20, 1713. Holograph. 1½ pp. [C.O. 28, 14. No. 5;and 29, 13. pp. 65–67.]
May 20/31.
Fort Kykoverall, Rio Essequebe.
345. P. Vanderheyden R´zen to the Directors of the Dutch West India Company. Signed, P. Vanderheyden R´zen. Endorsed, Read Aug. 24 (N.S.) 1713. 9 closely written pp. Dutch. Enclosed,
345. i.–vi. Accounts, inventories, bills of lading, etc. Dutch. [C.O. 116, 21. Nos. 9, 9 i.–vi.]
May 21.
Admiralty Office.
346. Mr. Burchett to Mr. Popple. A convoy of three men of warr will be sent to Newfoundland to protect the trade and convoy them home, by the beginning or middle of next month, etc. Signed, J. Burchett. Endorsed, Recd. 21st May, Read 10th June, 1713. Addressed. ¾ p. [C.O. 194, 5. No. 22; and 195, 5. p. 310.]
May 22.
Annapolis Royall.
347. Governor Vetch to the Earl of Darthmouth. I have troubled your Lordship so often with the state of this garrison without any return that I am ashamed to trouble your Lordship any more, but shall waite Brigadier Nicholson's arrivall whom wee have so much longed for, etc. I judged it my duty to accquaint your Lordship of my having dismissed the Indian Company from H.M. service, etc. Refers to enclosure. Signed, Sam. Vetch. ¾ p. Enclosed,
347. i. Governor Vetch's Order to Peter Mason, first lieutenant of the Indian Company. Annapolis Royall, May 22, 1713. Whereas I have been informed by you of the desertion of above one half of Col. Livingston's Indian Company now under your command some days ago, and that you are assured the remainder will verry soon follow them, I have judged it for the good of H.M. service both upon the repeated complaints of the inhabitants (whose hoggs and sheep they frequently kill in the woods) and the prospect of warrs being now att ane end, to dismiss the said company intirely from H.M. service; and that they may neither suffer by so long a journey as they must take by land nor destroy the people's catle as the others have done that deserted: have ordred a sloop with provisions to transeport them to Boston, etc., where you are to apply yourself to Mr. John Borland for 20s. per man to bear their expenses to New London or Hartford, etc. Signed, Sam. Vetch. Copy. ½ p. [C.O. 217, 31. Nos. 10, 10 i.]
May 22.
348. Order of Committee of Privy Council for hearing Appeals from the Plantations. Referring enclosed petition to the Council of Trade and Plantations. to report whether priviledge has at any time been claimed by the members of the Assembly of Jamaica and whether the same have been allowed etc. Signed, Edward Southwell. Endorsed, Recd. 26th, Read 27th May, 1713. 1 p. Enclosed,
348. i. Petition of Robert Saunders to the Queen. Prays liberty to proceed against Gersham Elye, who took possession of a plantation belonging to petitioner's wife, and insisted on his privilege as a member of the Assembly of Jamaica to protect him from a trial. Petitioner's wife and child have died for want meantime. 1¼ pp. [C.O. 137, 9. Nos. 81, 81 i.; and 138, 13. pp. 424–427.]
May 23.
Treasury Chambers.
349. T. Harley to the Council of Trade and Plantations. My Lord Treasurer foreseeing that great expences will arise to this Kingdome by the large supplys of Ordnance and other stores demanded for the service of H.M. Islands and Plantacons abroad unless it be considered how to put the affaires of those Islands and Plantations into such a method as that they may be enabled by waies and meanes among themselves to support the whole charge of their Governments, His Lords. desires you will please to turn this affair in your thoughts, and let his Lordp. have your opinion thereupon as soon as conveniently you can. Signed, T. Harley. Endorsed, Recd. May 25th, Read June 1st, 1713. Addressed. ¾ p. [C.O. 323, 7. No. 27; and 324, 10. p. 37.]
May 27.
350. Earl of Dartmouth to the Council of Trade and Plantations. Refers following for their report. Continues:— In the mean time, I am to acquaint you, that the places and countrys therein named belonging, of right, to British subjects, H.M. did not think fit to receive any Act of Cession from the French King, and has therefore insisted only upon an Order from that Court for delivering possession to such persons as should be authorised by H.M. to take it. By this means the title of the Company is acknowledged, and they will come into the immediate enjoyment of their property without further trouble. Signed, Dartmouth. Endorsed, Recd. 28th May, Read 1st June, 1713. 1 p. Enclosed,
350. i. Petition of Hudson's Bay Company to the Queen. Petitioners being inform'd that the Act of Cession is come over, whereby the French King obliges himself to restore to your Majesty, ye Bay and Straits of Hudson, together with all ye lands, seas, sea-coasts, rivers, and places situate in ye sd. Bay and Straits; as also all forts and edifices whatsoever, entire, and not demolish'd; together with guns, shott, powder, and other war-like provision (as mention'd in ye 10th Article of ye present Treaty of Peace) within six months after ye ratification thereof or sooner if possible it may be done, pray H.M. to direct the said Act of Cession may be transmitted to them, as also yr. Majesty's Commission to Capt. James Knight, and Mr. Henry Kelsey gent. to authorize them, or either of them to take possession of the premises above mentioned, and to constitute Capt. James Knight to be Govr. of the fortress call'd Port Nelson, and all other forts and edifices, lands, seas, rivers and places afforesaid; and the better to enable petitioners to recover the same, they humbly pray they may have a small man of war, to depart with their ship by ye 12th day of June, etc. 1 p. [C.O. 134, 2. Nos. 35, 35 i.; and 135, 3. pp. 121–123.]
May 27. 351. Order of a Committee of the House of Commons. That the Secretary to the Lords Commissioners of Trade do lay before the Committee an extract of the [? Minutes of the] Assembly of Jamaica March 27, 1710 (relating to the high duties on prize goods there). Endorsed, Recd. 27th, Read 28th May, 1713. 1 p. [C.O. 137, 10. No. 1; and 138, 13. pp. 427, 428.]
May 28.
352. Council of Trade and Plantations to the Lords of the Committee for hearing Appeals from the Plantations. Reply to May 22nd. The members of the Assembly not only of Jamaica, but of the other plantations also, do assume pretended rights and privileges (for which we cannot find the least grounds) tending to an independency on the Crown of Great Britain. Some of them, particularly those of New York, pretend they have an inherent right to dispose of the mony of the Freemen of that province, and that such their right does not proceed from any commission, letters patents, or other grant from H.M., but from the free choice and election of the people, notwithstanding they had been acquainted they cou'd not be elected nor sit as an Assembly, but by virtue of a clause in H.M. Commission to the Governor, impowering him to issue writs for their election. Most of the Assemblies in the plantations claim all the privileges the House of Commons here does, and some of them, others, that the House of Commons never pretended to. Upon examination of some gentlemen of Jama., we find that Gersham Elye, (v. May 22) insists on his priviledge as an Assemblyman, to avoid coming to a tryal with the petitioner; but we do not see any reason for it; nor do we find by our books, that the Governors have any authority by their Commissions or Instructions to allow any such priviledge. [C.O. 138, 13. pp. 428–430.]
[May 28.] 353. John Thurston to the Council of Trade and Plantations. As agent for Governor Lord A. Hamilton, prays dispatch of Jamaica business, laid before them by the Governor. Endorsed, Recd. 28th May, Read 30th June, 1713. 1 p. [C.O. 137, 10. No. 4; and 138, 13. pp. 432, 433.]
May 30.
354. Governor Nicholson to the Earl of Dartmouth. Acknowledges letter of May 20, and sends receipts. Signed, Fr. Nicholson. 1 p. [C.O. 5, 9. No. 116.]