382. Copy of proceedings in Bermuda against Edward Jones,
who was fined 20l. and condemned to six months imprisonment
and debarred from making oath, 1701–2, for perjury, against
which he has appealed to H.M. in Council. Endorsed, Recd.
Read July 2, 1713. 10 pp. [C.O. 37, 9. No. 26.]
383. Jernimy Clifford to Mr. Popple. Begs him to enclose
copies of deeds of his lands in the letter which Mr. Joseph Hodges
informs him the Board is going to write to the Governor for
securing his rights, etc. Signed, Jer. Clifford. Endorsed, Recd.
Read April 14, 1714. Addressed. 1 p. [C.O. 137, 10. No. 47.]
384. Council of Trade and Plantations to Governor Dudley.
Acknowledge letters of April 8, Oct. 29, Dec. 2 and 9, 1712, and Mr.
Addington's letters of Dec. 21. 1711 and Dec. 19, 1712. Continue:—We think ourselves oblig'd to take notice of the several Acts about
bills of credit past both in the province of the Massachusets Bay
and in New Hampshire, particularly that to prevent the oppression
of debtors, pass'd May 28, 1712, whereby creditors are enforced
to take those bills in payment. We desire an account of the
state of that matter, what number of those bills are extant, and
what funds to answer them. If there are not funds to answer
them, the issuing them is an injustice, and if there are sufficient
funds the credit of them must needs be diminish'd by their being
enforc'd, and the Acts past for the preventing their being forg'd
and punishing that offence, shows us that you experience another
great inconvenience by those bills. As to what you mention of
the difficulty of getting the prisoners out of the hands of the
French, we can only say that the detaining any is contrary to the
Articles of Peace which if upon any application to us, we find
broken, we will use our best endeavours to obtain justice. We are
entirely of your mind, that the best way to deal with the Indians
is to endeavor to restore them to the English friendship, if you can
bring them to live in quiet, and approve of your design, to attempt
the bringing them to so good a disposition. In answer to yours
of Dec. 9th, we think the salaries to the two Secretaries very
small, but must leave it to your interest, in the two Colonies to
persuade them to give reasonable allowance. Conclude with
circular letter given July 15. [C.O. 5, 913. pp. 442–444.]
385. Disbanded officers and soldiers to the Council of Trade
and Plantations. We have considered the matter thoroughly
and are willing to make the settlement if H.M. will give us arms,
ammunition, utensills necessary, with transportation for ourselves
500 men and familys and full pay for one year to be now advanc'd
for our settlemt. and support there, there being no cultivating
untill the ground is clear'd and gott in readiness. A second year's
full pay to be advanc'd at the beginning of ye year, which shall
be repaid at the end of seven years, in naval stores or other effects.
Signed, Thomas Coram, William Bowen, James Goodwin, John
Evance, Nicholas Currer, Henry Powell, John Lewis, Will.
Armstrong. Endorsed, Recd. Read July 10, 1713. 1 p. Enclosed,
385. i. Estimate of pay 9039l. 16s. 8d., and cost of transportation 5,740l., referred to in preceding. 1 p. [C.O. 5,
866. Nos. 2, 2 i.; and 5, 913. pp. 444–446.]
386. The Earl of Dartmouth to Col. Moody. General
Nicholson being ordered to sail directly to the Continent of
America, it is H.M. pleasure that you proceed forthwith to Newfoundland with the forces, arms, clothing and other necessarys
for the garrison of Placentia, which you will find at Kingsale.
You are to take possession of the places in that Island which are
to be yielded to H.M. pursuant to the late Treaty of Peace and
the most Christian King's Order which Mr. Nicholson will likewise
leave with the Governor or Commander in Chief at Kingsale
to be delivered to you; and you are to permitt the French subjects
in those places who are willing to continue there and become
subjects to H.M. to retain there immoveable effects, or else to sell
them if they chuse to remove elsewhere, according to H.M.
Order in that behalf of which I enclose a copy. Signed, Dartmouth. [C.O. 324, 32. pp. 221, 222.]
387. The Earl of Dartmouth to Governor Nicholson. Upon
the receipt of this Order you are forthwith to proceed with the
stores to Annapolis in H.M.S. Adventure without stopping at
Newfoundland least by such delay the benefit of the season which
is already far advanced may be intirely lost, you are to leave the
order from the Court of France to the Governor of Placentia for
delivering that place to H.M. in the custody of the Commander
in Chief at Kingsale to be putt by him into the hands of Collonel
Moody when he shall arrive in that harbour. [C.O. 324, 32. p.
388. Governor Lord A. Hamilton to the Council of Trade and
Plantations. I acquainted your Lordships, March 31st, of
Capt. Jacksons having seized a Spanish vessell on the coast of
Porto Velo and taken a sum of money out of the said vessell since
the commencement of the cessation of arms in these parts, and
he has notwithstanding my representation of this matter to Sir
Hovenden Walker carry'd the money with him for Great Britain.
This has occasion'd a great clamour by the parties injured and
repeated demands for reparation has been made to me by the
Governor of Cartagena with the authentick attestations of that
whole affair which comes herewith inclosed. There remains
nothing further in my power but to acquitt myself, as I now do,
of my promiss to the Governor of Cartagena to represent as fully
as I can this affair to the Ministry in order to the obtaining full
satisfaction. I am perswaded it will be needless to inforce this
matter any further to your Lordships, the reputation of the service,
and the trade of this Island to the Spanish coast being in some
measure effected by it. Having granted a reprive for the space of
12 months to John Freyday under sentence of death, I send
inclosed his petition etc. in order to its being laid before H.M. for
Her most gracious pardon, which is humbly recommended to
your Lordships. This Island is at present healthy and all quiet
and easie; we have had already the happyness of seeing H.M.
most gracious speech and have the news of the Peace being proclaim'd, and am dayly in expectations of receiving H.M. comands
for publishing the same here. P.S. The President of Panama
has pray'd me to forward the inclosed. Signed. A. Hamilton.
Endorsed, Recd. 23rd Sept. 1713, Read 19th Jan. 17 13/14;. 2½ pp.
388. i. The Governor of Cartagena's demand for reparation for
money taken out of a Spanish vessel by Capt. Jackson
after the suspension of arms, with depositions, etc.
Endorsed, Recd. 23rd Sept. 1713. Spanish. 37½ pp.
388. ii. Petition of John Fryday to Governor Lord A. Hamilton.
Petitioner lies under sentence of high treason for having
clipt and light'ned Spanish mony made current in this
Island by the laws thereof. Petitioner acted in ignorance that it was a crime to lighten foreign money, as
is shown by the evidence that he acted publickly.
Prays for a reprieve, etc. Signed, J. Fryday. 1p.
388. iii. Reference of preceding to the Judges of the Supreme
Court by Lord A. Hamilton, with their recommendation
for mercy on the grounds advanced by the petitioner.
Signed, Peter Heywood, Richd. Stoddart, James
Rubee (?). June 13, 1713. Endorsed, Recd. 23rd
Sept. 1713. Read 19th Jan. 17 13/34. ¾ p. [C.O. 137, 10.
Nos. 33, 33 i.–iii.; and (without enclosures) 138, 14.
389. The Earl of Dartmouth to Governor Nicholson. In
pursuance of July 11. In case any of the cloaths etc. belonging
to the garrison of Placentia should be under your care, you are
to leave them with the Governor of Kingsale to be delivered by
him to Col. Moody etc. [C.O. 324, 32. p. 223.]
390. Council of Trade and Plantations to the Lord High
Treasurer. Reply to June 30. We have consider'd the new proposal
of the disbanded officers and soldiers for making a settlement in
North America, and have severall times discours'd with them
thereupon, in order to their bringing the charge of that settlement
as low as possible. Whereupon they have delivered to us a
memorial (v. July 10). They say they cannot pretend to go on
lower terms, and therefore we leave it to your Lordship's consideration whether H.M. should be at so great an expence. If
H.M. shall think fit to advance any money, besides what is
necessary for their transportation, then we take leave to offer,
that in our opinion, Nova Scotia is a fitter place, to make their
settlement in, than the lands they desire, which will require a
great deal of time and cost, to clear the woods to build houses,
and make settlements; whereas Nova Scotia having been for
many years inhabited by the French, these people will find
settlements ready made there. [C.O. 5, 913. pp. 447, 448.]
391. Wm. Popple to Isaac Addington. Refers to preceding
acknowledgment of letters. [C.O. 5, 913. p. 449.]
392. Mr. Attorney General to the Council of Trade and
Plantations. I have considered of an Act passed at St. Christophers (v. 19th Nov. 1712) for settling the estates and titles of the
inhabitants, etc., which Act first provides that no title of H.M.
shall be reviv'd or putt in suit on account of the reconquest
of yt. Island but that every proprietor of land should be reinvested in such estate therein as he or his ancestors or as they whose
estate he hath legally had at ye time of ye sd. Island's being
surrendred to ye French in 1689, against wch. I have no objection. The next clause quiets the possessors of lands there who
have had quiet possession thereof wtout legal interruption for
5 years before ye beginning of the warr in 1689 and from the
reconquest thereof to the making of that Act, without any legal
hindrance thereto in a Court of Record unless sued for within
3 years after ye Act, which provision is proper if persons under
disability as Infts. Feme Coverts persons non compos or imprison'd
and their heirs, had been allowed three years to claim after those
disabilitys removed which is omitted. The next clause takes
notice that sevll. subjects of the French King did at ye conquest
of ye sd. Island in 1666 pretend to buy of the English sevll.
plantations, and gave small considerations therefore, wch. by the
Treaty of Breda was ascertain'd and confirm'd and such French
purchasers unless ye old English proprietors did (within a time
thereby limited) repay ye price of ye first purchase and all
melioration thereon, which many failing to doc, the French
remain'd possess'd thereof till they sold again to ye English or
otherwise forfeited ye same, and enacts, that all conveyances and
assignmts. of lands made by any such French subject who was
in possion thereof after ye time limited in ye sd. Articles should be
good and valid in law, and likewise makes good all grants of lands
forfeited before 1689 by such French subjects, and given under
ye great seal of yt. Isld., and be good agst. any right or claim
prior to such French subjects possessn., against wch. clause
likewise I have no objection. The next clause takes notice that
many of the French subjects (who continued to hold their lands
in the English Quarters by virtue of those Articles, till ye breaking
out of ye sd. late warr) did then renounce the protection of ye
English and remain'd wth. the French, and after the reconquest
of ye sd. Isld. by ye English abdicated their possessn. and went off
with other French subjects, and likewise that many Irish subjects
of ye English Crown did then goe into open rebellion assisting
the French to subdue the English part of ye sd. Isld. and remain'd
wth. them in profess'd hostility, for wch. there was reason that
they should be attainted and their estates confiscated to ye use of
ye Crown but for want of civil administration of the Governmt.
of the sd. Island for many years after ye reconquest, the same was
not done in such form as the law required, but that the lands
for ye better settling and strengthning yt. Isld. were granted
under the great seal there, to sevll. people who by their industry
have much improv'd ye same, and thereby strengthned ye sd.
Isld., and enacts that all the lands in the English Quarters of
any Frenchman or woman who quitted and deserted ye same
upon retaking ye sd. Isld. by ye English and went off wth. other
French subjects and dyd or yet survive in the Dominions of the
French King and also all lands of Irish or other natural subjects
of great Britain who then appear'd in rebellion and recd.
protection from the French, were justly forfeited to and legally
vested in ye Crown, notwithstanding any deficiency or want of
proceedings heretofore neglected for ye more regular confiscation
of ye same, wch. that Act is to be deem'd to answer and supply,
and the titles of ye patentees thereof are thereby confirmed which
clause making forfeitures for treason, without convicting or
attainting ye traytors is contrary to reason and the practice of
the Parliamt. of great Britain. Perhaps it might be reasonable
to discharge the possors. of all ye mean profitts of such lands and
to confirm their titles to ye same unless the supposed forfeiting
persons should within a certain time pay to ye patentee the full
value of all improvemts. made thereon, and also ye moneys pd.
to ye Crown for ye purchase thereof. The next clause provides
that all bills of sale of lands made under ye hand and seal of
ye Provost Marshal or his Deputy and according to ye known
usage and practice of that Island should be good and valid to any
purchaser and his hres. against a former proprietor and his heirs
and any claiming by him, by any conveyance made after ye
execution levyd on such lands, notwithstanding ye records or
laws of yt. Isld. on wch. such execution and bill of sale are
founded may by ye late unhappy confusion of ye times be defaced
or lost, wch. clause is needless if there be any such law to warrant
such execution, and unreasonable if there be no such law. Beside,
the clause as worded may be construed to confirm all judgmts.
entred and thereby deprive the subject of his writt of error wch.
also is unreasonable. The next clause in the Act provides that
no want of method or of sufficient legal words to create an
inheritance to them and their heirs, nor impropriety of speech
which through ye ignorance of former times are frequent in old
deeds shall vitiate or make void any deed grant devise or other
conveyance whatsoever, wch. is unreasonable to make estates
pass without legall words and may create disturbances to ye
present possessors. Signed, Edw. Northey. Endorsed, Recd.
17th July, 1713, Read 24th Feb. 17 17/18. 3¾ pp. [C.O. 152, 12.
No. 64; and 153, 13. pp. 225–229.]
393. Stephen Duport to the Council of Trade and Plantations.
Proposals concerning the resettlement of St. Christophers.
Endorsed, Recd. Read July 14, 1713. 3 pp. Enclosed,
393. i. List of plantations in St. Christophers to be claimed by
way of petition to H.M. 1p.
393. ii. List of plantations in St. Christophers granted for a
limited time. ½ p.
393. iii. A proposal (by a former Councillor) concerning the
disposal of the French part of St. Christophers. Oct.
7, 1712. 1½ pp. [C.O. 152, 10. Nos. 5, 5 i.–iii.]
394. Mr. Attorney General to the Council of Trade and
Plantations. I am of opinion that the Act passed in Jamaica
July 31st, 1711, for the further quieting possessions, etc., (v. Dec.
12, 1712), is not fit to be confirmed. (1) The recital, that several
titles made for want of skill and knowledge in those that drew
conveyances of the same may admit of disputes and suits in law
and equity is very improper, for I do not know that ever any
law was passed to quiet possessors who had no titles, therefore
this is fit to be left out, and possessors with non claim will have
the benefit of it, with title or without. (2) The Act establishes
all titles to be in fee where persons had been possessed before
making of it for seven years without suit claim or interruption
or shall continue for seven years from the first possessing as well
against the Crown as any subject, which is unreasonable, being to
establish a wrongfull possession, and to barr the Queen and her
people that have not claimed, when they were not before obliged
by law to claim, without giving a reasonable time to the Crown,
or the subject to contest the possessor's title, which was never
done in England, the Statute 32 H. VIII and 21 Jac. I., which
are the English statutes of limitation giving time for those
that had cause of suit when the Acts were made, before those
statutes should affect them. But in that Island in an Act for
prevention of law-suits in the collection of the laws of Jamaica
the then possessors' titles were confirmed, if they had or should
continue seven years quiet possession. (3) This Act is unprecedented to put the Queen and her subjects on a levell as to the
time of their claiming their rights. In England in the times of
King H. VIII and Qn. Elisabeth several Acts of Parliament were
made for confirming the letters patents of the Crown, but no
Statute of Limitation of time for their suits. The statute of 21
Jac. cap. 2, against concealments made in England quieted
possessors onely where possession had been against the Crown
for 60 years, and the Crown had not been answered any rents
nor the lands duely in charge within that time. But there is
no Act that limits the Crown to a time in their suits for lands
etc. How far H.M. may be advised for the quiet of the Island
of Jamaica to confirm the present titles, if she shall not contest
them within seven years as proposed by the Bill is submitted.
But I cannot think H.M. will be advised to put herself and her
successors for ever hereafter on the levell with her subjects as
to the time of comencing her suits, and therefore if H.M. will
confirm the present titles if not contested within that time, I
think for future rights the Act should be made to extend onely
to the subjects' suits. Besides I do not understand what is
meant by titles against the Crown by virtue of any Order formerly
granted. (4) The first proviso, for persons under disabilities to
sue, omits persons in prison, and for those that are mentioned,
saves the right of suits or entry onely to themselves but not to
their heirs extors. or admors. as it ought to have done. And the
proviso ought also to extend to suits where the defts. shall be
beyond sea. (5) The proviso touching bonds bills and mortgages
whereon no interest hath been paid and judgments recognizances
fines and amerciaments and all other writings obligatory, which
have not been legally demanded within 20 years from the dates
or from the last payment of bills bonds and mortgages, and that
shall not be legally demanded within 5 years after making the said
Act, which declares them null and void is unnecessary and
unreasonable. Unnecessary, because at law after 20 years past
without demand, it will be presumed the debts are satisfied,
unless the creditor shew a reason why no such demand was, as
prior incumbrances, or absence, poverty or absconding of the
debtor, or absence or incapacity of the creditor. And it is
unreasonable, for that the non payment of interest for that time
may be proved to be by agreements, or the securities may be
kept on foot to protect an estate, or the debtor may have been
insolvent absconded or absent, or there might be prior incumbrances which ought to be first satisfied, or the creditor might be
absent or under disability to claim. The last clause that makes
all bills of sale, deeds and other conveyances made and recorded
according to an Act of that Island for preventing of law-suits,
as well as those that should be after made to have the effect
of a fine or common recovery is unreasonable as to deeds made
before this Act, and may give title to persons against the present
possessors by a retrospect. The latter part of the clause to make
future deeds recorded as good as a fine or recovery in England
may be reasonable, and I apprehend is wanted in that Island,
the former law making the grants onely of men and their wives
of such effect. On the whole I am of opinion, this law is not
proper to be approved of, but that an Act for limiting times for
suits to be commenced between party and party is reasonable
and necessary, and such law may with small alterations be framed
by the English Act of 21 Jac. As to the quieting present titles
against the Crown, if H.M. shall be gratiously pleased to allow the
same, it's proper to be done by an Act for that purpose onely.
P.S.—It is proposed by several gentlemen on behalf of the
Island of Jamaica that this law may remain with your Lordps.
for sometime, that there may be opportunity of passing and
transmitting a law or laws for quieting possessions not liable to
these objections, and that then this law may be repealed, against
which I have no objection. Signed, Edw. Northey. Endorsed,
Recd. Read July 17, 1713. 3¼ pp. [C.O. 137, 10. No. 5; and
138, 13. pp. 434–440.]
395. Council of Trade and Plantations to Edward Lloyd,
President of the Council of Maryland. Acknowledge letters of
Jan. 25, July 15, Nov. 20th, 1712, and April 16, 1713. Continue:
Wee have transmitted to the Earl of Dartmouth your letter to
him and the Address therein referr'd to. You have not with your
papers sent any account of the annual revenue of Maryland, which
you are required to do by your Instructions, and therefore we
must remind you thereof, that you do not fail of doing it half
yearly or oftner, as opportunity offers to us. The Acts which we
have receiv'd shall be considered at the first opportunity, and our
opinion thereupon transmitted to you. In the mean time we must
observe upon the Act for regulating writts of error and granting
appeals from and to ye Courts of Common Law within this Province,
that by H.M. Instructions, you are required to endeavour to
get a law passed, wherein the method and limitation of appeals
from the inferior courts to the Governor and Councill may be
settled and restrained; but you are not to enact anything
that H.M. has already settled by Her said Instructions, and therefore all that clause in the foresaid Act, which relates to appeals
from the Governor and Councill to H.M. ought to be left out, the
same being sufficiently provided for as aforesaid. Wee advise
you therefore, to endeavour to get a new law pass'd without the
said clause; else wee shall be obliged to lay the same before H.M.
for her disallowance. [C.O. 5, 727. pp. 336, 337.]
396. Circular letter from the Council of Trade and Plantations to Governors of Plantations. Enclose for publication,
copies of the Treaties of Peace and Commerce with France, and
the Assiento Contract. [C.O. 29, 13. p. 17; and 38, 7. p. 184;
and 5, 727. p. 338; and 5, 913. pp. 443, 444; and 5, 1123.
p. 118; and 5, 1292. pp. 387, 388; and 5, 1363. p. 487; and
138, 13. pp. 433, 434; and 195, 5. pp. 314, 315; and 153, 12.
p. 103; and 218, 1. p. 80.]
397. Mr. Popple to Mr. Attorney General. Encloses extract
from Governor Lowther's letter. Continues:—The Council of
Trade and Plantations desire your opinion as soon as may be,
upon the following query, vizt., whether an appeal can, or ought
to be brought from the Court of Exchequer in Barbadoes, to
the Governor and Council there, as a Court of Chancery. 1 p.
397. i. Sir Edw. Northey to the Council of Trade and Plantations. I am of opinion the Governor by virtue of his
Instructions is to admit appeals as well from the Court
of Exchequer as from other Courts in Barbados for the
Governor and Council there, and this plainly was the
intent of the Governor's Instructions, no appeal being
directed to be allowed from any Court to H.M. but from
the Court of Chancery, which would have been provided
for, to have been from the Court of Exchequer to H.M.,
if an appeal had not been intended to be first in the
Chancery. Signed, Edw. Northey, 16 Feb. 1713 (sic).
½ p. Endorsed, Recd. Read July 17, 1713.
397. ii. Extract of Governor Lowther's letter Dec. 20, 1711.
397. iii. Extract of Governor Lowther's Instructions relating
to a Court of Exchequer and to appeals. [C.O. 28. 13.
Nos. 102. 102 i.–iii.; and 29, 13. pp. 16, 21.]
398. W. Popple to Sir E. Northey. Encloses No. iii. supra,
and desires an answer as soon as possible. [C.O. 29, 13. p. 18.]
399. Mr. Rigby, Deputy Secretary and Provost Marshal of
Jamaica. Objects to the Act of Jamaica for preventing any one
person holding two or more offices, as aimed at himself and encloses
following. No inconveniencys have hapned through his holding
the two offices, etc. Signed, R. Rigby. Endorsed, Recd. 17th,
Read 31st July, 1713. 2 pp. Enclosed,
399. i. Copies of Sir E. Northey's opinion, June 30, 1707,
given to Governor Handasyd, that the office of Provost
Marshal is not incompatible with that of Secretary,
etc. 1 p. [C.O. 137, 10. Nos. 23, 23 i.]
400. Mr. Attorney and Mr. Solicitor General to the Council of
Trade and Plantations. We have considered the case of Thomas
Simpson and Mrs. Gandy (v. Feb. 21, 1711, and March 8 and
Nov. 12, 1712) and have heard the persons concerned on both
sides. etc. Case stated at length. Conclude:—Wee are humbly of
opinion that the Act (of Jamaica) for vesting Thomas Finche's
estate in trustees, the better to enable his security to pay £3800 due
from him as Commissioner for the publick of this Island, was just,
the bond to H.M. being a charge on the same and therefore
preferable to other creditors of the said Finch, and that it was
reasonable to make such provision for the payment of those
moneys, the same being publick money, and to be accounted for
to the Assembly, and it was just that Finch and his estate should
be charged with the same and not to have the same levied on his
security, and leave them to their remedy at law for their satisfaction they having pursuant to the Act advanced the moneys
after, for fitting out the sloops, as appears by the affidavit of
William Wood and Joseph Hodges, etc. In pursuance of that
Act the trustees have already sold part of Finche's estate, and if
that Act should be now rejected, those purchasers will lose the
money paid by them for the same. Signed, Edw. Northey,
Rob. Raymond. Endorsed, Recd. 22nd July, 1713. Read 25th
Feb. 17 13/14;. 6 pp. Enclosed,
400. i. Affidavit of Joseph Hodges referred to in preceding.
Jan. 13, 1712. Signed, Joseph Hodges. ½ p.
400. ii. Affidavit of William Wood, referred to in preceding.
Jan. 13, 1712. Signed, Wm. Wood. Endorsed, Recd.
23rd July, 1713. Read 25th Feb. 17 13/14. 1 p. [C.O.
137, 10. Nos. 42, 42 i., ii.; and (without enclosures),
138, 14. pp. 77–86.]
401. Whitgift Aylmer, Francis March and Thomas Beckford
to the Council of Trade and Plantations. As former members
of the Assembly of Jamaica, and in reply to Mr. Popple's
summons, pray for time and access to documents, in order to
put into writing information concerning the passing of the Act
for preventing of any one person from holding two or more offices etc.,
and concerning the escheated estate of Mrs. Kupius, etc. Signed,
Whitgift Aylmer, Francis March, Thomas Beckford. Endorsed,
Recd. Read July 17th, 1713. 1 p. [C.O. 137, 10. No. 19.]
402. Lt. Governor W. Hamilton to [? Mr. Lewis]. I have
received some intelligence that John Bermingham is in this city
[=London Ed.] etc. I shall informe myselfe where he may be
apprehended, etc. You may direct for me at my Lady Russells'
in Berwick Street. Signed, W. Hamilton. 1 p. [C.O. 152, 42.
403. Mr. Popple to Sir Edward Northey, Attorney General.
Encloses four parcels of Jamaica Acts. The Council of Trade and
Plantations desire your opinion in point of law, with what convenient speed you can, upon the Acts (1) declaring what persons
shall be qualify'd to sit in Assembly (1711); (2) to prevent hawking
and disposing of goods clandestinely (1711); (3) to disenable any
member of the Council or Assembly from acting as Commissioner for
receiving any publick money, etc. (1711); (4) for regulating fowling
and fishing (1711); (5) for the better securing the estates and interests
of orphans and creditors, and to oblige executors to give security and
to return appraisements into the Secretary's office (1711); (6) to
encourage white men to come to continue and settle in this Island
(1712); (7) for preserving the public Records (1712). [C.O. 138,
14. pp. 13–15.]
404. Governor Hunter to the Council of Trade and Plantations. This comes by ye Enterprize; I have not had ye honour of
any from your Lordps. since that of ye 12th of June, 1712, which
makes me conclude that my pressures are remedyless, haveing
had hitherto too solid proofes of your Lordps. compassion to
doubt your endeavours for my releife, I shall not now add to your
concerne by a recapitulation, but proceed to what has since
occurred. Haveing spoke to ye new Assembly (v. June 11),
their fears of ye promis'd remedy at home, and their apprehension
of a speedy dissolution suggested to them the necessity of an
appearing willingness to support the Government in ye manner it
was expected they should, and some resolves in their Grand
Committees sounding soe, made it necessary to continue their
session. The Act for support of Government will best inform
your Lordps. of ye result, for there they lodge in H.M. Receiver's
hands, a summe short of their own scanty allowance of £2800,
and ye Government is to have recourse to their Treasurer for
ye remainder, and this too but for one yeare, soe that whoever
has ye misfortune to be concern'd in their Governmt. ye ensueing
yeare will be laid under an unavoidable necessity of teizing yr.
Lordps. as I have done. The other two Acts (enclosed) require
noe comment. That house had passed severall other Bills, some
of which have also past ye Councill, but their harvest comeing
on, and all of them being desireous of a recess, I thought fitt to
delay my assent untill they meet againe, being now adjourned
to ye first of Oct. next. Amongst these there is an Act for appropriating the Excise to ye payment of ye publick debts for 20 yeares,
but those debts not being as yet ascertain'd by an Act or any
method of payment fix'd, I shall not assent to ye one without the
other, least I should pass an Act for lodgeing considerable summes
in ye hands of a country Treasurer for purposes which I am a
strainger to, and which may be hereafter apply'd to worse uses
than anybody dreams of at present. I have often told yr.
Lordps. that it is in vaine to attempt anything in the Jerseys
untill the Councill be altered. I know that yr. Lordps. are of
the same opinion, and I doe again affirm that you must change
the Councill or change ye people, for changeing ye Governour
will not doe. The Palatins (askeing yr. Lordps'. pardon for
mentioning them) who remaine upon the lands on which I
planted them, have beene by the blessing of God and their own
labours able to subsist themselves, those who run to Schohare have
beene oblig'd to ye charity of ye province to save them from
starveing. The trees will be ready for ye manufacture after this
Fall, but nothing can be done here for nothing. I have formerly
inform'd your Lordps. of ye disputes about the quitt-rents, and
whale-fishing. I think it now necessary to put your Lordps.
in mind of an Act past here in November in ye ninth yeare of
H.M. raigne entituled an Act for ye better settlement and assureing of lands, which was intended to gaine over ye people to ye
interest of ye Government, and has not as yet obtain'd H.M.
approbation. Yr. Lordps. are ye best judges whether or noe
their behaviour has deserved that, all claimes are barr'd by that
Act ye first of September next ensueing. Soe it is high time to
think of it. My Lords, I have done my best in my station, and
apprehend no scrutiny on earth. God who knows my heart
will acquitt me elsewhere. I have serv'd faithfully, suffer'd
patiently, and shall resign chearfully whenever it shall be H.M.
pleasure I should doe soe. I have spent ye better part of my life
in her service, and for that am ready to sacrifice ye poore
remainder, but whatever befall me, I am with ye deepest sense
of gratitude and duty, my Lords, your Lordps'. most humble and
most obedient servant. P.S.—I send yr. Lordps. likewise a
private Act wch. needs noe remarke. Since ye writeing of what is
above the post from New England has brought me H.M. Letters
for ye changes in the Councill of ye Jerseys, and the pardon of ye
condemn'd negroes here, which will enable me to struggle chearfully with all other difficulties, for indeed the notion that a faction
here had spread that I was disregarded at home, and consequently
speedily to be recalled had gain'd soe much creditt, that the freinds
of ye Government cool'd whilst ye others triumph'd. Your
Lordps. shall never have reason from any act of mine to repent
or be asham'd of your generous patronage, etc. Signed, Ro.
Hunter. Endorsed, Recd. 23rd Sept., Read 22nd Oct. 1713.
2 pp. [C.O. 5, 1050. No. 68; and 5, 1123. pp. 128–133.]
405. Governor Hunter to Mr. Popple. Acknowledges letters
as above. Signed and endorsed as preceding. Holograph. 1 p.
[C.O. 5, 1050. No. 69; and 5, 1123. pp. 133, 134.]
406. Governor Hunter to the Earl of Dartmouth. Encloses
copy of No. 404. Signed, Ro. Hunter. Holograph. 2 pp.
406. i. Duplicate of No. 404. [C.O. 5, 1085. Nos. 13, 14.]
407. Governor Nicholson to the Earl of Dartmouth. Acknowledges letter of July 11th, and H.M. commands of June 23rd.
I have enquired of Capt. Caleb Wade, H.M.S. Adventure, when he
could be ready to saile, etc. I hope in God wee shall be able to
reach Annapolis Royall time enough not to lose the benefitt of
the season for New England, and if possible I shall endeavour
to visitt Placentia etc. before the winter, etc. Signed, Fr.
Nicholson. 1¾ pp. [C.O. 5. 9. No. 117.]
408. Council of Trade and Plantations to the Lord High
Treasurer. Request payment of enclosed account of office
expenses and salaries, Michaelmas, 1712—Midsummer, 1713.
[C.O. 389, 37. pp. 60–63.]
409. Council of Trade and Plantations to Governor Hunter.
Since we wrote to you on the 13th [? 23rd] April, we have seen your
letter to our Secry. of the 11th of May, and are very much surprized to find the Assembly of New York persist so long in their
undutifulness to H.M. after what we have so often writ you upon
that subject. We acquainted you (April 23rd) what we had
done upon that matter; H.M. approved the draught of the Bill,
and directed us to lay the same before the Parliament, but the
Parliamt. rising so soon after it was impossible to prosecute it
this Sessions to effect, however you may be assured that now
we have H.M. commands as aforesaid, we shall not fail at ye
beginning of the next Parliament, to take all the care possible
that H.M. commands for the future be no more slighted by a
people who owe their whole protection to H.M. goodness. Your
endeavours and resolutions to support and maintain H.M. rights
and prerogative, are very commendable; but as to the augmentation of the forces you desire, we cannot at present make you any
answer thereto. We inclose Mr. Attorney General's opinion (May
5) relating to grants of lands and quit-rents, which will be a
guide to you in all future occasions, etc. [C.O. 5, 1123. pp. 121,
122; and 5, 1335. No. 184.]
410. Council of Trade and Plantations to Lt. Governor
Spotswood. Acknowledge letter of Feb. 11th, q.v. With regard to
the expenses of the spyboat and prisoners, all that can be done now
will be (when the next session of Assembly shall resume the
consideration of the state of the Revenue), to exhort them to
replace the mony you have been obliged to take for these purposes
out of H.M. Revenue of 2s. per hhd., because these services
were solely for their advantage and security, and that all prisoners
of war, taken in the Plantations are constantly subsisted at the
charge of those Colonies where they are taken. This gives us
occasion to remind you of the article of your Instructions, whereby
you are required to transmit to us a constant account of the
receipts and issues of the publick revenues made up every half
year, and which we shall expect from you for the future. We
must needs commend your charity to your distressed neighbours of
North Carolina, and the great zeal you have shewn in exciting your
Colony to afford them the assistance, they have done in cloth
and money, and if your people had any share in the action, which
as 'tis said happen'd on the 20th of March last, wherein the
Tuscoruro Indians were entirely defeated, we hope to have
that report confirmed by a more authentic accot. from yourself.
We have the laws you have sent us, now before us, but have not
had time to consider of them. The Bill prepared in pursuance
of H.M. permission for passing the 84 Article of your Instructions
into a law, being so reasonable and well suited to the circumstances
of your Colony, makes it the more unreasonable in the Assembly
to reject it: but since they have done so in adherence to their
unreasonable customs, it is but just that you strictly pursue the
purport of your Instructions, which are and ought to be deemed
by them as valid as their Charter. You have done very well by
a Proclamation to prohibit the abuse of that privilege granted to
persons imported, and hope the measures you have taken will be
effectual to redress those practices. You will do very well to
pursue the scheme you propose for revising the laws of this
Colony, rather than by the Assembly and if you transmit a copy
of them hither before they are printed for our perusal, it will be
very reasonable that the persons who took the pains, should have
ye privilege of printing and selling them, and you may assure
them that they may expect our concurrence and assistance for
the same. We have received the account of arms and ammunition
belonging to H.M. and remaining in the several counties, where
they were dispersed, and we desire you from time to time to give
us the like accounts for our information. As to the low prices of
tobacco which you say is the occasion no more negroes have been
imported into your Colony, we hope that in another session of
Parliament if the trade of France be open'd, it will give a great
vent to and consequently raise the price of that commodity.
We shall expect a more compleat list of births and burials according to your promise. We shall make a representation in behalf
of Mr. Wm. Cock Secretary as a fit person to supply the place of
Col. Harrison in the Council for the reasons you give, and we wish
Col. Basset would be content with being replaced at the Council,
and not insist on being restored to his former precedency for the
mischiefs and inconvenience that such an example would
necessarily introduce, and think he has the more reason to
submit to it, because his being out of the Council was his own
voluntary act. [C.O. 5, 1363. pp. 506–510.]
411. Mr. Popple to the Earl of Orkney. There being now
three vacancies in the Council of Virginia in case Mr. Basset shall
persist to refuse acting unless he be restored to his place of
precedency therein; the Lords Commissioners for Trade and
Plantations have under consideration the filling up the said
vacancies, and command me to acquaint your Lordship therewith
and to desire to know whether your Lordship have anybody to
recommend to those places. I return your Lordship, my most
humble thanks for the favour your Lordship was pleased to do me
upon the account of James Keys. [C.O. 5, 1363. p. 511; and 5,
1335. No. 185.]
412. Council of Trade and Plantations to Governor Lowther.
Acknowledge letters of Dec. 20, 1711, Feb. 18, April 9, May 28,
Aug. 16 and 29, 1712, and Jan. 26 and March 30th, 1713.
Continue:—As to what you write relating to the non-observance
of H.M. orders about coin in the Leeward Islands, we are to inform
you, that the present Governor being recall'd, we shall take care,
upon the sending over another, that the said orders be reinforc'd.
H.M. having been pleas'd, upon Mr. Carter's petition, to restore
him to the practice of the law, from which you had suspended
him, we have little to say to you upon that subject, only we think
it necessary to give you our opinion upon the matter for your
future government. When a practitr. of the law has been once
admitted by the Courts, he has an undoubted right to practise there,
and ought to enjoy the same, till he shall be legally convicted of
such misbehaviour in his practice as shall amount to a forfeiture
of such right. As to the particular case of Mr. Carter, you might
have suspended him from the execution of his office for pleading
against H.M., but we do not think, for the reasons abovemention'd,
that you have power to suspend him from the practice of the law.
Upon this occasion, we must take notice to you, that none of the
Queen's Council at Law either here or in the Plantations, ought to
plead against H.M., without H.M. leave, or the leave of H.M.
Governors in the said Plantations. This we desire you therefore
to signify to them that they may conform themselves thereunto
accordingly. In answer to your query how you are to behave
yourself in case you shou'd happen to be either plaintiff or defendant in Chancery, we must take notice to you, that by your 98th
Instruction relating to appeals, the Councillors that are judges of
a Court from whence an appeal shall be brought to you and the
Council, are not to be admitted to vote upon the said appeal,
but they are allow'd to be present at the hearing of such appeal,
to give the reasons of the judgement given by them in the Court
from whence the appeal is brought. Since the abovesaid Instruction has been thought necessary in relation to a Councillor who
has been only a judge, the reason of the thing will be much stronger
in the case of a Govr., who shall be both judge and party, in
Chancery; and therefore, as the constant practice has been,
and which you may much better know in Barbadoes, that the
Councillors have always had their votes in all causes depending
in the Courts of Chancery, we can't think it adviseable for you,
to give your vote in any cause wherein you shall be either plaintiff
or defendant, tho' you may hold the Court, and be present at the
hearing. We are of opinion that by virtue of H.M. Instructions
to you, you are to admit appeals, as well from the Court of
Exchequer, as from other Courts in Barbadoes, which is plainly
the intention of your Instructions, no appeal being directed to be
allow'd from any Court to H.M., but from the Court of Chancery,
which would have been provided for to have been from the Court
of Exchequer to H.M. had not an appeal been intended to be first
in the Chancery. We take notice of what you write in relation
to the dispute between the Council and Assembly on occasion
of the Excise Bill. We do not doubt that there are several
persons in the Assembly, that wou'd be glad to make themselves
independent on the Crown of Great Britain, but that they may
be undeceiv'd, we desire you to acquaint the Assembly in case
there be any dispute for the future, between them and the
Council, about passing of money bills, that the Council have an
equal right with them to alter or amend such bills; for the
Council are impower'd thereto, and made part of the Legislative
by H.M. Commission to you; and the Assembly cannot be elected
nor sit as an Assembly, but by virtue of a clause in your sd.
commission, whereby you are empower'd to call Assemblys etc.
The Assembly's pretence therefore of having the sole power of
making mony bills will never be allowed of here, it being an
infringemt. of H.M. royal prerogative. And for your information,
we think fit to acquaint you that the Assembly at New York
had taken up a like pretence of not admitting the Council to amend
mony bills, upon wch. dispute the Revenue Bill of that Province
was lost, and tho' we had several times writ to the Govr. our
thoughts and the consequences of the Assembly's assuming such
a pretended right, they still persisted therein; whereupon H.M.
directed us to prepare the drat. of a bill, to be pass'd by the
parliament here for settling a Revenue at New York, which was
accordingly done and we had H.M. directions to lay it before the
House, but the parliamt. rising so soon after, there was not time
to do it. However it is ready agst. the next session. As to the
business of the ship Oxford, that matter was some while ago
referr'd to us, and a day appointed for the hearing, but the
parties not being ready, nothing has yet been done in it, nor do
we know whether the petitioners will proceed any further therein.
We take this occasion to assure you that in the case of the sd.
ship, or any other wherein you may be concern'd, we shall do you
justice, and shall not determine anything without hearing you or
your agents thereupon. But we think ourselves oblig'd to take
notice that we have seen your summons of April 27th to Mr.
Skene, a copy whereof is here enclos'd, wherein you require him
to answer not only for what he did at this Board, but for his
petition to H.M. This is a very arbitrary proceeding in itself, and
reflecting upon ye justice of this Board. And upon this occasion
we must acquaint you, that the Queen expects obedience to her
orders, and that if you continue to prosecute Mr. Skene, in so
unjust a manner, we shall represent this matter as it deserves to
H.M. P.S.—Since our writing of this, we have recd. your letter
of May 20th last, which requires no answer. [C.O. 29, 13. pp.
413. Council of Trade and Plantations to Governor Lord A.
Hamilton. We have several of your Lordp's. letters unanswer'd
occasioned by the long sitting of the parliament. In your
answers (March 8 and May 15, 1711) to several articles of your
Instructions we find that article which relates to the number of
inhabitants etc., not yet perfected and your Lordship's reasons
for it, which we hope will likewise be transmitted when you
have received the necessary informations. The duties upon prize
goods was taken of, by a clause in an Act of Parliament begun
in the House of Commons, and the taking up those bonds was laid
before the House, but met with so many objections and obstructions that nothing is done in it this sessions. Acknowledge letter
etc. of May 15. We recommend to your Lordship to require the
officers from time to time to return to your Lordship surveys of
the stores, which will be a means of preserving them and making
them useful upon any occasion. Your Lordship can best judge
what fortifications are necessary to be enlarg'd and repair'd and
what mony the country are willing to furnish for their safety and
convenience. etc. Your letter etc. of the 10th and 18th of Oct.
1712 gives us an evidence (that notwithstanding the great
disadvantage you were under by reason of the hurricane) you
took all possible care to prevent the mischief then threatn'd by
the French. We have perused the Minutes of Council mention'd
in your Lordship's letter, where we find enquiry made into the
disorders committed by the privateers of Jamaica. The ending
of the war will ease you of any farther trouble of that kind. We
likewise find some difficulties did arise upon disputes between the
sea officers and the inhabitants, which we hope the seasonable
Proclamation, issued out by your Lordship and the succeeding
Peace will entirely put an end to. Upon your Lordship's recommendation of Mr. Broderick (March 8th), we enter'd his name in
our books as a fit person to fill the next vacancy in the Council.
But Mr. Edlyne and Mr. Mumby having by their petition to H.M.
in Council set forth their intentions of returning to their stations,
and beg'd leave to stay till the Peace, there is yet no vacancy.
The House of Commons hath voted a supply to H.M. for maintaining Her forces in the West Indies and America for six months
from June 24th last: but had not time for passing any law for
raising the same. When any mony is issued on that account,
care will be taken that H.M. forces with you have their proportion
for the present till it can be further consider'd, which we hope
will be in settling three Independant Companies instead of the
Regiment. With your Lordship's letter of Nov. 22, 1712, we
receiv'd the accounts of the Revenue and commend your Lordship's great care in entring all those accounts in the Council
books and transmitting them hither from time to time. We have
sent the Acts mention'd in the inclosed list to Mr. Attorney
General for his opinion in point of law, and so soon as we shall
receive the same, we shall lay the said Acts before H.M. for
Her pleasure thereupon. We have now receiv'd Mr. Attorney
General's opinion upon the Act for further quieting possessions,
which is by no means fit to be confirmed by H.M. for the reasons
mention'd in his report, a copy whereof is here inclos'd. Upon
which we must desire your Lordship to acquaint the first Assembly
that shall sit after the receipt of this, with Mr. Attorney's objections, and that we will forbear at present laying this Act before
H.M., that they may have an opportunity of passing another
not lyable to such objections, and that in case they do not pass
such a new act, we shall be oblig'd to lay this before H.M. for her
disallowance. We have been attended by several merchants
and planters in Jamaica in relation to the Act to prevent any one
person holding two or more offices of profit in Jamaica, who have
desired a further day to give their reasons for confirming the said
Act, and we have also heard Mr. Rigby and some others against
the same, so that in a short time it shall be dispatch'd, that there
may be no room for such misrepresentations as came from Mr.
Beckford. They have also inform'd us that they believe there
are heirs of Williamina Kupius living, and have promised in a few
days to give us some further light therein. The memorial
concerning escheats with observations thereupon, being a matter
of great nicety and tending to the alteration of one of the
Instructions H.M. was pleas'd to make upon a complaint before
Her, we have referr'd to the Attorny General and when we have
his opinion thereupon we will lay that matter before the Queen
and acquaint your Lordsp. with H.M. pleasure therein. We
receiv'd your Lordship's letters of Dec. 12 and 18, 1712 and Jan.
3rd following. We find that upon all disputes between your
Lordship and Rear Admiral, the Council and Assembly were
entirely of your Lordship's opinion: recalling Sir H. Walker
hath put an end to that matter in Jamaica: tho' my Lord
Treasurer has transmitted your Lordship's letter etc., to this
Board, to be enquir'd into when there is a proper opportunity;
but in the mean time we cannot but take notice of what the
Council and Assembly have mention'd in their Address to your
Lordship; that the permitting men of war to carry negroes and
merchandizes must be very prejudicial to the fair traders and
therefore we hope will be prevented for the future. We have
likewise your Lordsp's. letters of March 5 and 13, 1713. Tho'
your Lordship seems to doubt the allowing appeals from the
Chancery to the Queen and Council, we cannot but think your
Lordship took the right way in permitting them since they exceed
the value of £500, your Instruction being general to allow all
above that sum. [C.O. 138, 14. pp. 15–23.]
414. Mr. Popple to Sir E. Northey. Encloses, for his opinion,
Governor Lord A. Hamilton's observations upon escheats, etc.
[C.O. 138, 14. pp. 23, 24.]
415. H.M. Warrant to Capt. William Taverner to be "Surveyor of such part of the coast of Newfoundland, and the Islands
adjacent as the French have usually fished upon and wherewith
our subjects are at present unacquainted," etc. Countersigned,
Bolingbroke. [C.O. 324, 33. p. 1.]
416. H.M. Instructions to Capt. William Taverner as preceding. Signed, A. R. [C.O. 324. 33. pp. 2, 3.]
417. H.M. Additional Instructions to Capt. Taverner. You
are also to survey the adjacent islands proper for fishing, etc.
And whereas we are informed that the French, as well from their
settlements on Newfoundland, as from Canada, have driven a
considerable trade with the nations of Indians inhabiting the
aforesd. Island, by exchanging with them European goods and
merchandizes for several kinds of furs and other commodities
of the growth and product of Newfoundland, you are to use your
utmost endeavours to gain the sd. trade to our subjects, and
upon making the best enquirys you are able, you are to lay
before us the most proper methods you can discover for effectually
procuring and settling the same. Signed, A. R. [C.O. 324, 33.
418. Earl of Orkney to the Council of Trade and Plantations.
Reply to July 20. Recommends Wm. Cock, Mr. Basset, and
Archibald Blair for the Council of Virginia. Signed, Orkney.
Endorsed, Recd. 22nd, Read 23rd July, 1713. 1 p. [C.O. 5,
1316. No. 95; and 5, 1363. p. 512.]
419. John Marsh, Sollicitor, to the Council of Trade and
Plantations. Prays the Board's consideration of an Act of
Barbados, 1712. to enable the executor of Joanna Parris. widow,
to sell certain lands. Signed, John Marsh. Endorsed, Recd.
Read July 23, 1713. ½ p. [C.O. 28, 14. No. 6.]
420. Council of Trade and Plantations to Col. Lloyd, President
of the Council of Maryland. Since our letter of the 14th instant,
wee have looked back into wt. was writ you Oct. 26th, 1711,
and find that there are some things in that letter, which remain
yet unanswered, particularly the state of the Revenue. You tell
us indeed in your answer to that letter that the accounts will be
transmitted to Mr. Blathwayt; that is nothing to us, you
are required by your instructions, to transmit those accounts to
us half yearly or oftner, and therefore wee do expect that the
same be punctually complyed with. The other clauses unanswerd
are, that requiring an account of the strength of your neighbours,
and what correspondence you had with ym.; the clause relating
to the wants and defects of your Province. [C.O. 5, 727. p.
421. Council of Trade and Plantations to Governor Lowther.
We take notice in your letter of April 9, 1712, that you promis'd
an answer to the letter writ you from this Board of Oct. 26, 1711,
upon several clauses of your Instructions: But as we have not
yet recd. such answer, we must remind you thereof, particularly
of that Instruction which requires you to send to us the accounts
of the Revenue of that Island. We shall therefore expect that
you transmit to us by the first opportunity distinct answers to
the sd. letter, it being absolutely necessary we be particularly
inform'd of the state of Barbados, that we may be the better
enabled, from time to time, to lay such representations before
H.M. as shal be necessary. [C.O. 29, 13. p. 74.]
422. Planters and Merchants concerned in Jamaica to
Council of Trade and Plantations. We do not know of any
inconveniencys, nor are apprehensive of any, by reason of the
execution of the offices of Secretary and Provost Marshall in the
manner they have been executed for severall years past, etc.
Signed, Cha. Long, Charles Kent, Jno. Lynch, John Moore,
Tho. Freeman, Wm. Willard, Deane Poyntz, Wm. Wood, J.
Ayscough. Endorsed, Recd. Read July 23, 1713. 1 p. [C.O.
137, 10. No. 20.]
423. Traders to Jamaica to the Council of Trade and Plantations. Pray for suspension of prosecution of plantation bonds
for 18 months, in which time they will be able to obtain certificates
of discharge of all ships at the ports they cleared for, except those
lost or taken by the enemy, etc. Signed, Jedekiah Wyatt and
22 others. Endorsed, Recd. Read July 23, 1713. 1 p. [C.O.
137, 10. No. 21.]
424. Mr. Popple to Mr. Solicitor General. Encloses for his
opinion Act of Barbados referred to in No. 419. [C.O. 29, 13.
pp. 75, 76.]
425. Governor Nicholson to the Earl of Dartmouth. It
was last night before I recd. your Lorpps. letter of the 13th inst.
I hasten Capt. Wade all I can, but he tells me he can't saile untill
next week for want of provisions etc. I beg that your Lordpp.
would be pleased to order at least 1000 of H.M. most gracious
speeches to the Lords and Commons of the 16th inst. to be
dispersed on the Continent and Islands of H.M. Empire in North
America, and please God I arrive at Boston I intend to have a
good number of them printed and dispersed, etc. Signed, Fr.
Nicholson. 1¼ pp. Enclosed,
425. i. Governor Nicholson to Capt. Wade, Cork, July 24,
1713. Encloses Lord Dartmouth's letter of July 13
and requests him to sail for Kingsaile for the cloaths
etc. for the garrison of Placentia. Signed, Fr. Nicholson.
Copy. 1 p. [C.O. 5, 9. Nos. 118, 119.]
426. Mr. Popple to Charles Carkesse. Encloses Governor
Lord A. Hamilton's letter etc., April 25th, and memorials
relating to the prosecution of Plantation bonds, for the opinion
of H.M. Commissioners of Customs thereupon. [C.O. 138, 14.
427. Mr. Popple to Mr. Attorney General. Encloses copy of
Governor Hunter's letter and queries relating to quit-rents,
escheats and whale-fishery (June 11). "And because Col.
Hunter apprehends H.M. prerogative is very much concerned
in these matters, the Lords Commissioners for Trade and
Plantations desire you will forthwith let them have your opinion
upon them, that they may have an opportunity of representing
to H.M., or writing to Col. Hunter, as ye case shall require, before
they go down into ye country to their elections." [C.O. 5, 1123.
428. Council of Trade and Plantations to the Queen. Recommend Wm. Cocke and Edmd. Berkley for the Council of Virginia
(v. Feb. 11, July 22.) [C.O. 5, 1363. p. 513; and 5, 1335.
429. Whitgift Aylmer, Francis March and Thomas Beckford
to the Council of Trade and Plantations. Mr. Rigby was the
person aimed at by the Act of Jamaica for preventing any one
person from holding two or more offices, etc., his practices having
been for some years past such as disturb'd the quiet of the generality by exaction of extravagant fees, etc. Many of the original
deeds of estates having been through course of time and the
influences of that climate worn and defaced, and many others
quite lost by the terrible earthquake, 1692, the great fire 1702,
and the dreadfull hurricane 1712, and the publick records and
enrollments of all deeds and conveyances made in 1671, 1672
having likewise been lost, the persons who have the imediat
charge of some of the offices mentioned having the opportunity
of searching into possible defects in rights to estates, and frequent
experience had of many sinister uses made of the casual losing of
deeds by pretended escheats etc., has made such practice so
insupportably vexatious, and grievous to the inhabitants, that
that's the true cause of their having, all along, had so much
at heart the passing of the Act for the further quieting possessions
etc., and not the pretended concealment of any estates wch. of
right ought to belong to the Crown, as is without any just ground
suggested in the state of the case now lying before your Lordps.
and which we beleive was concerted by Mr. Rigby and Brodrick.
As to the estate of Williamina Kupius it may be worth 5 or £6000,
and an uncle and other relations of the said Williamina are living
in Holland, etc. Signed, Thomas Beckford, Francis March,
Whitgift Aylmer. Endorsed, Recd. Read July 28, 1713. 3½
large pp. [C.O. 137, 10. No. 22.]
430. Mr. Popple to Sir E. Northey. Desires his opinion in
point of law as soon as possible upon the Act of Jamaica to
prevent any one person from holding two or more offices, etc. [C.O.
138, 14. pp. 26, 27.]
431. Mr. Popple to Major General Handasyd. Desires his
opinion upon above Act, and the reasons which induced him to
pass it. [C.O. 138, 14. pp. 27, 28.]