America and West Indies: August 1713

Pages 214-231

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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August 1713

[Aug. 1st ?] 432. The Earl of Dartmouth to Governor Nicholson. It was very agreeable to the Queen to find by your letter of 24th past to me which I laid before Her that you were using all imaginable diligence to proceed to America. I have sent you enclosed half a dozen of H.M. Speeches [will] all the Stationers could furnish me with, the want of more will I hope be supply'd by the Press at Boston where you tell me you propose to reprint 'em, for I believe you judge very well that the publishing and dispersing of 'em thro' out the Continent of America will be for H.M. service. Countersigned, Dartmouth. [C.O. 324, 32. p. 229.]
Aug. 1. 433. H.M. warrant granting further leave of absence to William Sharpe for one year, he to continue one of the Council of Barbados meanwhile. Countersigned, Dartmouth. [C.O. 324, 32. pp. 228, 229.]
Aug. 3.
434. Mr. Popple to Sir Robt. Raymond, Solicitor General. I send you four bundles of Pensylvania laws for your opinion thereupon in point of law as soon as conveniently may be. The reason for dispatch is, that by Mr. Penn's patent, he is allowed 5 years after the making of laws to transmit and deliver the same to H.M. Privy Council, but H.M. by the said patent is allowed but six months after the delivery of such laws as aforesd. to repeal any of them. And the inclosed laws, having been received from Mr. Penn the 22nd of the last month, I am commanded to acquaint you therewith, that the time for H.M. repealing any of them may not lapse. Among these laws there are several with the same titles as others that have been formerly repealed. I enclose representations of 1706–1711, with Mr. Attorney General's opinions, upon the said repealed Acts. Annexed,
434. i. List of 29 Acts of Pennsylvania, Oct. 14, 1708—June 7, 1712. [C.O. 5, 1292. pp. 389—393.]
Aug. 3.
435. Same to Wm. Borret, Solicitor of the Treasury. Encloses above Acts of Pennsylvania, etc. The Council of Trade and Plantations desire you would solicit the dispatch of Mr. Solr. Genl., etc. [C.O. 5, 1292. p. 393.]
Aug. 3.
436. Governor Lord A. Hamilton to the Council of Trade and Plantations. I received the 16th July your Lopps'. letter of May 8th, with the Queen's commands for publishing the Peace etc., which was done accordingly here the day following with the utmost joy and all due solemnity. Acknowledges letter of Aug. 17, 1712. In relation to Mr. Creagh, I refer your Lopps. to May 15th, 1712, with this further observation only, the seizure of Mr. Creagh's vessell being made by Mr. Littleton the evidences for the proof of his crime were allways in his possession, and upon notice given by me to Mr. Littleton that they were to be sent home together with Mr. Creagh. He undertook for that end to keep them in safe custody and at hand on board one of H.M. ships at that time under his command. but omitting to remove them upon his sending that ship to sea. put it out of my power to send them with Creagh as I intended, and it was at Creagh's own earnest and pressing solicitation he was sent home before the return of that ship; but Mr. Littleton having afterwards carried the said evidences along with him, I humbly hope has given H. M. as to my part in that affair intire satisfaction. Encloses Minutts of Council etc. Signed. A. Hamilton. Endorsed, Recd. Oct. 2, 1713, Read Jan. 19, 1713/14. 2½ pp. Enclosed,
436. i. Receiver General's (James Knight) account of H.M. Revenue, Jamaica, Sept. 29, 1712—March 25, 1713. Receipts, £7445 19s. 2d. Paid, £4319 19s. 7d. Owed, £4794. Audited by Peter Heywood. Endorsed, Recd. Oct. 2, 1713. 3 pp. [C.O. 137, 10. Nos. 33, 33 i.; and (without enclosures) 138, 14. pp. 54, 55.]
Aug. 6. 437. Mr. Attorney General to the Council of Trade and Plantations. I am humbly of opinion that the Act to prevent any one person from holding two or more offices of profit in Jamaica, is not fit to have H.M. royal confirmation, it appearing to be designed onely for a particular purpose to deprive Mr. Rigby, Provost Marshall under Mr. Baker, of the deputation of the office of Secretary, (held by him from Mr. Baker), and for that both the said offices are held, and always have been so by vertue of H.M. Letters Patents, and are properly to be regulated by H.M. directions, and are not incompatible to be held and executed by the same person. Besides. the Act providing that no two offices of profit shall be held and enjoyed by one and the same person, is unreasonable, for that many single offices of that Island are not sufficient for the maintenance of one person, and where they are not incompatible there never was any law made before for restraining one person from having two. and the proviso in the Act is repugnant to the body of it, for that it allows any person to get by patent either from the Queen or the Governor as many offices as he can obtain, and thereby allows a man to have and execute more offices than one as Principal, but not as Deputy, which is a mere fancy, and shews the Act is of no other use, but to deprive Mr. Rigby of his deputation which Mr. Baker might lawfully make and he lawfully accept. Signed, Edw. Northey. Endorsed, Recd. Read Aug. 6th, 1713. 2¼ pp. [C.O. 137, 10. No. 24; and 138, 14. pp. 28–31.]
Aug. 6.
438. Council of Trade and Plantations to the Queen. Recommend disallowance of Act to prevent any one person from holding two or more offices of profit in Jamaica, for reasons given in preceding. [C.O. 138, 14. pp. 32–35.]
[Aug. 6.] 439. Planters and Merchants concerned in Jamaica to the Council of Trade and Plantations. We consider the above Act is for the general good of Jamaica, etc. Signed, Gilbert Heathcote and 17 others. Endorsed, Recd. Read Aug. 6th, 1713. 1 p. [C.O. 137, 10. No. 25.]
Aug. 6.
440. Major General Handasyd to the Council of Trade and Plantations. Reply to July 31st. Refers to his letters and Minutes of Council and Assembly of Jamaica, 1711. The Act of Jamaica for preventing any one person etc. was lookt upon by everybody to be designed by ye then Assembly against Mr. Rigby, who did not execute his offices, but however was to be concluded by it. I did never approve the Act in my own judgment, and much less ye manner in which it was first brought upon ye stage, which was by tacking it to a mony bill, and which was carried in ye Assembly but by ye Speaker's voice, who was yn. Mr. Beckford. The same Assembly voted that they had a right of adjourning themselves as they thought fitt; and they were about yt. time in such heats, yt. I could not but be apprehensive yt. I should not be able to induce them to provide for ye Regiment, and other necessary supplyes for ye Government, if I had not gratifyed them with this bill, and which ye Council as well as myself determin'd to do, provided they desisted from their pretence of tacking, and I thought it more for H.M. service to pass this bill att ye time, which would be afterwards submitted to H.M. pleasure to approve or disallow, then to dissolve ye Assembly, before ye Government was in some measure provided for, and which I immediately thought necessary afterwards, lest some few men who had often endeavoured to give disturbance to ye Government, and thought they had yn. got power into their hands, after their vote of adjourning, should make farther attempts upon H.M. royal prerogative. It was with ye unanimous advice of ye Council yt. I first admitted Mr. Rigby etc. I never heard any complaints against him, but think he deserved well of the Government on all occasions; and I am apt to beleive ye opposition he has met with, has been upon yt. account cheifly, etc. Signed, Tho. Handasyd. Endorsed, Recd. 10th, Read 11th Aug. 1713. Addressed. Postmark. 2 pp. [C.O. 137, 10. No. 26; and 138, 14. pp. 36–39.]
Aug. 6. 441. Mr. Attorney General to the Council of Trade and Plantations. In obedience to your Lordps.' commands, I have considered of the enclosed accot. of escheats with the Lord A. Hamilton's observations thereon, and I do most humbly certifie that by an Act passed Nov. 21, 1703, for raising a revenue to H.M. etc. it is provided that as well H.M. quit-rents fines forfeitures and escheats arising within the Island of Jamaica as the impost and revenue thereby granted shall be applyed and appropriated to the support of the Government of that Island and the contingent charges thereof, and to no other use intent or purpose whatsoever, but not to lessen H.M. power of pardoning and remitting such fines and forfeitures, and £1250 thereof pr. ann. is appropriated for the fortifications. As to the new Instruction of Feb. 19, 170 8/9 to the Governor restraining him from selling escheats till an account thereof shall be transmitted to Britain and directions recvd. from thence, I can not say anything concerning that complaint, which occasioned it, or how that complaint was supported, having no account of it, except what appears in the order, by which it appears to have arisen from persons, whose titles had been questioned on such writs of escheat and avoided, their complaints being as stated in that Order, that their titles to their lands and negroes had been so questioned, notwithstanding they had held and enjoyed the same many years, which if without title, as by the determinations on those writs it appears to have been, it was not a disturbance or oppression but a just prosecution for the rights of the Crown. Another greivance was that when the title of the Crown had been established, the escheated estates had been granted to the prosecutors and informers, which I think also not an objection, for they that had discovered the title of the Crown had reason to have a preference in purchasing the same, which could not by the Act mentioned in the state be for less than they were valued at by the jury finding the escheat. And in regard the profits of those escheats are by that Act (approved by H.M.) appropriated for supporting the Government of that Island, which by the representation is stated not to be sufficient for that purpose, I do not see any objection against altering that Instruction, and permitting the Governor to sell from time to time as he is allowed to do by that Act which hath been confirmed, he being satisfied that the value found is a reasonable value and remitting accounts thereof from time to time to H.M. Signed, Edw. Northey. Endorsed, Recd. 6th Aug. 1713, Read 28th Jan. 17 13/14. 1¾ pp. Enclosed,
441. i. An account of escheats in Jamaica with Governor Lord Archibald Hamilton's observations thereon. Copy. 25 pp. [C.O. 137, 10. Nos. 39, 40; and (without enclosure) 138, 14. pp. 67–69.]
Aug. 7.
442. Mr. Popple to Sir E. Northey. Desires his opinion in point of law upon the Act of Jamaica declaring what persons shall be qualify'd to sit in Assembly, etc. [C.O. 138, 14. p. 36.]
Aug. 7.
443. Governor Nicholson to the Earl of Dartmouth. Encloses receipts for letters left at Kinsale for Lt. Col. Moody. (v. July 11), etc. Continues:—We have had for tenn dayes past very stormy and rainy weather which to my great sorrow has hindred our saileing. I hope the weather is changed, soe yt. wee may saile, for it is a very great trouble to me that H.M. hath been at the charge of a mann of warr and of my commission for above six months and that wee have got noe farther, but I shall endeavour God willing to retrieve the time, by makeing all the dispatch possible, etc. I am heartily sorry that Col. Moody hath been detained soe long, for I fear that he will come late upon the coast of Newfoundland, and if the winter should sett in soon as sometimes it doth, that they will find it difficult to get to that countrey, therefore I hope he will make but very little stay here. I will endeavour what I can to meet him at Placentia, this winter after please God I have been at Annapolis Royall, etc. Signed, Fr. Nicholson. 1½ pp. Enclosed,
443. i., ii. Governor Nicholson's orders for clothes for the four Independent Companies at Placentia, Aug. 4, 1713.
443. iii., iv. John Netmaker's accounts etc. of above.
443. v., vi. Correspondence between Governor Nicholson and Col. Henry Hawley, Lt. Governor of Kinsale, relating to above and some deserters. 8 pp. in all.
443. vii. Col. Hawley's receipt for a letter to M. de Vaudreuil to be delivered to Col. Moody. Cork, July 30, 1713. Copy. 1 p. [C.O. 5, 9. Nos. 111, 112 i.–v., 120.]
Aug. 8.
Hampton Court.
444. Order of Queen in Council. Repealing Act of Jamaica to prevent any one person from holding two or more offices of profit in this Island. Signed, Christo. Musgrave. Endorsed, Recd. 14th Aug., Read 16th Dec., 1713. 1¼ pp. [C.O. 137, 10. No. 32; and 138, 14. pp. 50, 51.]
Aug. 8.
Hampton Court.
445. Order of Queen in Council. Referring following to the Council of Trade and Plantations for their report. Signed Christo. Musgrave. Endorsed, Recd. Sept. 2, Read Nov. 26, 1713. 1¼ pp. Enclosed,
445. i. Petition of Capt. Cyprian Southack to the Queen. Prays for payment of the Province galley for the expedition to Canada, etc. v. A.P.C. II. No. 1190. Copy. 1¾ pp. [C.O. 5, 866. Nos. 8, 8 i.; and 5, 913. pp. 455–459.]
Aug. 8.
Hampton Court.
446. Order of Queen in Council. Appointing Edmond Berkley and William Cocke to the Council of Virginia. Signed, Christo. Musgrave. Endorsed, Recd. Sept. 30, 1713, Read June 7th, 1714. 1½ pp. [C.O. 5, 1316. No. 109; and 5, 1364. pp. 43, 44.]
Aug. 10.
From Antigua.
447. Governor Douglas to [? the Earl of Dartmouth]. I received H.M. orders to return forthwith to England, on the 7th instant, and am ready to obey all orders from H.M., and your Lordshipp, and design to embark in the first shipp for Great Brittaine; my family is at this time very sickly, but that shall not delay my return. I wish I durst beseech your Lordshipp to suspend your censure of me, till I see my accusers face to face, and have an opportunity to justifie my conduct, for what won't those invent, that I have discharg'd of their places for misdemeanors, what won't they say, that pretend to my post, and what may not I expect from those, that I have sent home to receive condign punishment for their treasons and murders? I am but too sensible, that they have informed the Lords of the Councill of vast sums of mony that I have raised, but I hope to satisfie your Lordshipp, that I am as innocent as poor, for anything I have acquired in this part of the world. Signed, Walter Douglas. 1 p. [C.O. 7, 1. No. 22.]
Aug. 11.
Treary. Chambers.
448. T. Harley to the Council of Trade and Plantations. Some of the disbanded officers and soldiers, who propose the making of a settlement in North America, having been before my Lord Trearer., and offered to go and settle there in case they be paid a years pay according to the station they acted in when disbanded; his Lordp. returns your former report etc., and desires you will consider this affair upon the foot of the peticoners' last proposicon, etc. Signed, T. Harley. Endorsed, Recd. 13th, Read 14th Aug. 1713. 1 p. Enclosed,
448. i. Duplicate of Council of Trade's Report, July 13th.
448. ii. Memorial of disbanded officers to the Lord High Treasurer. "The memorialists having consider'd that going to Nova Scotia will be of farr greater advantage to the Govermt. then where before has been propos'd," offer to do so, with 500 privates, if one year's pay be advanced (£8362 17s. 10d.), and they be exported at H.M. charge with arms, ammunition and all manner of utensils fit for a plantation, and be granted 30,000 acres of land, etc. Signed, John Evance, Will. Bowen, John Lewis, Jno. Coleman, William Armstrong. Endorsed, R. July 24, 1713. 1 p.
448. iii.–v. Duplicates of disbanded soldiers' proposals to Council of Trade. [C.O. 217, 1. Nos. 10, 10 i.–v.; and (without enclosures) 218, 1. p. 80.]
Aug. 12.
449. The Earl of Dartmouth to the Council of Trade and Plantations. The Queen having been pleased to appoint Walter Hamilton Esq. to be Governor of the Leward Islands in the room of Colonell Douglass, you are to prepare his Commission and Instructions as usual. Signed, Dartmouth. Endorsed, Recd. Read 14th Aug., 1713. 1 p. [C.O. 152, 10. No. 6; and 153, 12. p. 104.]
Aug. 13.
St. James's.
450. Warrant from the Lords Proprietors of Carolina to Francis Brooke, Surveyor General of North Carolina, to set out for Charles Eden, Governor of North Carolina, 1000 acres of land, with a quit-rent of 10 shil. a year. Signed, Beaufort, Carteret, Ful. Skipwith, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 290. p. 67; and 5, 291. p. 29].
Aug. 13.
St. James's.
451. Warrant from the Lords Proprietors of Carolina to Daniel Richardson, Receiver General of North Carolina, to pay to Governor Eden 300l. per annum current money by quarterly payments, as a salary, etc. Signed as preceding. [C.O. 5. 290. p. 68; and 5, 291. p. 30.]
Aug. 16.
Windsor Castle.
452. H.M. Warrant to Mr. Attorney or Sollicitor General to prepare a bill for H.M. signature appointing William Forbes Provost Marshal General of Barbados, to enjoy the same by himself or his sufficient deputy or deputies (who shall be resident upon the said island and for whom he shall be answerable) during our pleasure with all fees etc. thereunto belonging in as full and ample a manner as Erasmus Lewis, etc., and revoking the letters patents granted to Lewis, etc. [C.O. 324, 32. p. 230.]
Aug. 17.
453. Lt. Governor Spotswood to the Council of Trade and Plantations. In pursuance of your Lordps'. commands of 8th May, I have appointed the tenth of next moneth for the solemn publication of the Peace throughout this Colony, and for a general thanksgiving for the same. I have also presum'd in conjunction with the Council to address H.M. on this happy occasion, etc., and have desired Col. Blakiston our Agent to wait on your Lordps. for your directions in the manner of presenting it to H.M. Your Lordps. will observe that there are but six of the Council subscribing that Address; occasioned by the absence of Col. Jenings and Col. Ludwell in England, and the remoteness of two others of that Board, who rarely attend except at General Courts and Assemblys. The small number to which the Council are now reduced will I hope prevail with your Lordps. to move H.M. to fill up the two vacancys, by restoring Coll. Bassett to his former rank at that Board (which hath hitherto hindered his acting in that station) and by adding Mr. William Cocke (the Secretary) according to my former recommendation. In a letter to your Lordps., March 6, 1710, soon after I had put in execution H.M. Instruction concerning the granting of land, I took the liberty to represent to your Lordps. the case of those who had taken up and surveyed land before the death of Governor Nott upon the faith of the Acts of Assembly, and the continued practice then in force, and before the alteration of the conditions of cultivation had been publickly notify'd, whose patents were stop'd upon a subsequent order. The pretensions of those persons being by that Proclamation reserved to them untill H.M. should signify Her pleasure upon what terms their land should be granted, I beg leave to renew my applications to your Lordps. in their behalf, not only in regard great part of such lands remain uncultivated for the benefite of the claimers but more especially that the quittrents thereof are lost to H.M. untill patents are granted. I shal not here repeat what I formerly represented etc.: but as I inform'd your Lordps. that even at that time, neither the claimers nor the quantity of land claim'd under that circumstance were considerable; so I now assure your Lordps. both are much lessen'd since; divers patents having been taken out for the same lands on the new tearms; and therefore I must again with all due submission, offer my opinion that the few that remain be gratify'd with patents upon the old terms of seating and planting. This favour if granted, will without much prejudice to H.M. intentions, be a great means to quiet the people in relation to the new tenure introduced by the late Instructions, and prevent that clamour and uneasiness which the populace are apt to fall into, from a reflection on private disappointments, without considering the publick benefite of the country intended thereby, of which they have but a remote and imperfect view. Signed, A. Spotswood. Endorsed, Recd. 5th Nov., 1713, Read 3rd May, 1716. 2 pp. Enclosed,
453. i. Address of the Lt. Governor and Council of Virginia to the Queen. We humbly beg leave to send from these distant parts of your Empire, unfeigned congratulations upon the conclusion of a glorious war, which your Majesty hath now crowned with an honourable and advantageous Peace. None of your Majesty's people can more truly rejoice at this happy Peace, than your Virginia subjects, who have of late years laboured under such discouragements in their only staple commodity, that nothing less than Peace, with your Majesty's compassionate regard to the trade and circumstances of this Colony can give them any hopes to repair what they have suffered during so long and burdensome a war. As this Government at present enjoys the happiness of a general calmness in men's minds here, we shall use our utmost endeavours to preserve the same, and whilst we are cultivating the arts of Peace, shall think it our bounden duty to pray for that sacred person who next under God procured us the blessing. Virginia, Aug. 12. 1713. Signed, A. Spotswood, Robert Carter, James Blair, Hen. Duke, John Smith, John Lewis, W. Byrd. Same endorsement. 1 p. [C.O. 5, 1317. Nos. 19, 19 i.; and (without enclosure) 5, 1364. pp. 272–276.]
Aug. 17.
Custom ho., Bristoll.
454. Officers of the Custom House, Bristol, to the Council of Trade and Plantations. Enclose following. Signed, J. Reynardson, Jno. Elbridge. Endorsed, Recd. Aug. 21st, 1713, Read Feb. 9th, 17 13/14. Addressed. ¾ p. Enclosed,
454. i. List of ships (3) cleared from Bristol, to the Fishery at Newfoundland. June 24, 1712–1713. 1 p. [C.O. 194, 5. Nos. 30, 30 i.]
Aug. 18.
455. Circular letter from the Earl of Dartmouth to the Governors of the Plantations, etc. H.M. having thought fitt to remove me from the office of Secretary of State in which I have had the honour to serve her above three years, and to constitute me Keeper of the Privy Seal, I think myself obliged before I leave this place to return you my hearty thanks for your regular correspondence, and to assure you that in every station of life, I shall unalterably be, Sr., your most humble servant, Signed D., C.P.S. [C.O. 324, 32. p. 231.]
Aug. 18.
456. Same to Governor Lord A. Hamilton. Begins as preceding. Concludes:—Notwithstanding the great difficulties which attend a Plantation Government, your Lordp. has carry'd yourself without reproach, and I have not heard the least complaint of your conduct in any respect. etc. Signed, Dartmouth, C.P.S. [C.O. 324, 32. p. 232.]
Aug. 19. 457. Mr. Solicitor General to the Council of Trade and Plantations. I have considered the Act of Barbados to enable the executor of Joanna Parris to sell lands, etc. (v. July 23, 24); and tho' this Act is not drawn as such Acts are usually drawn in England, such acts here usually vesting the lands in the person who is to sell, and this act only giving the party a power so to do, and tho' the sale is to be made by a feme covert, yet I take it it will be sufficient in an Act of Assembly, which is of the same effect there, as an Act of Parliamt. here; therefore I have no objeccon in point of law agt. H.M. confirming the said Act, etc. Signed, Rob. Raymond. Endorsed, Recd. Aug. 25, Read Oct. 15, 1713. 1 p. [C.O. 28, 14. No. 8; and 29, 13. pp. 77, 78.]
Aug. 19.
458. Council of Trade and Plantations to Governor Hunter. Enclose Attorney General's reports upon queries in letter of June 11th, q.v. [C.O. 5, 1123. p. 127.]
[Aug. 19.] 459. Disbanded Officers and Soldiers to the Council of Trade and Plantations. (cf. Aug. 11). New proposals for going to Nova Scotia at H.M. expense. Total, estimated cost, £15,957 9s. 10d. Endorsed, Recd. Read Aug. 19, 1713. 1 p. Enclosed,
459. i. Estimated cost of necessary utensils in detail. Total, (included in preceding estimate), £1699. 1¾ pp. [C.O. 217, 1. Nos. 11, 11 i.]
Aug. 20.
Treary. Chambers.
460. T. Harley to the Council of Trade and Plantations. Encloses following, to be considered with papers sent on Aug. 11 q.v. Signed, T. Harley. Endorsed, Recd. 20th, Read 21st Aug. 1713. ¾ p. Enclosed,
460. i. Thomas Coram to the Lord High Treasurer. The last time I had ye honour to speak to your Lordship, on behalf of ye disbanded soldiery, you were pleased to intimate yt. they could not agree among themselves; My Lord, they are all very desirous and unanimous to settle (if they might) ye waste land petitioned for, wch. would be of great importance to ye Crown as well as a general benefit, by increasing our Navigation and ye export of our woollen and other manufactures, and many other ways advantageous, as I am (wth. humble submission to better judgment) well assured, from ye experience I had ten years together in North America, where I went from hence a Faithful Factor for ye late Mr. Thomas Hunt, before he fell into his misfortunes, and for other principal merchants, to advance ye ship building in those parts. I being sensible how far H.M. waste lands there might be made advantageous to ye Crown and nation if settled in a right method by ye disbanded soldiery, who will otherwise be a burthen to this Kingdom, was thereby moved (and encouraged to it by General Nicholson) to set ym. upon petitioning H.M. for their being settled upon that part not yet inhabited, joyning on one side to New England, and on ye other side to Nova Scotia, which land to be settled is ye only part wanting to compleat ye settling H.M. Empire throughout on ye sea-coast fifteen hundred miles in length, and be one of ye glories of H.M. reign, by finishing that wch. was began in Queen Elizabeth's reign. The honble. Board of Trade and Plantations made a very favourable report to your Lordsp., for ye settling that land; but afterwards one or more of that Board objected against that settlement, on account of ye expence, and propos'd Nova Scotia. Upon which there were some amongst ye soldiers yt. were willing to go there for one year's pay, without any farther view than getting a present supply for their pressing necessities; That occasioned ye disagreement your Lordsp. spoke of; by reason it is not practicable for such indigent persons as they are to do ye Crown or themselves any real service upon that scheme; But such is their necessities, yt. they are willing to accept of anything to prevent starving; they, for ye most part, having no title to half-pay, nor hopes of any benefit from ye Act of Parliament lately made in favour of ye Soldiery. It was I, my Lord, yt. put these men upon petitioning for that settlement, and have for more than five months past, been at great pains, and some charges, to put ym. in a way yt. they and their posterity may be happy, and ye Crown and nation have an advantage from their being well settled, etc. There are enough of ym. to strengthen Nova Scotia, and to settle ye land petition'd for, which they would gladly have annexed to Nova Scotia, or put under ye Government of it. Proposes that the Lord Treasurer should sanction a general collection of voluntary contributions for their settlement, as was granted for the Palatines, who were not in worse circumstances, than most of these disbanded soldiers, who faithfully served H.M. in ye war, etc. I am assured by some persons of character there would be money enough given to settle all the distressed soldiers on the desired settlement without any charge to ye Crown. I most humbly beg leave to assure yr. Lordship it was with a design of doing good service to H.M., and for a general benefit, that I presumed to concern myself to promote this matter, and shall be glad to be an instrument of having that waste countrey settled with so many distressed families, comfortably provided for in it by ye fishery, and by their raising hemp and other naval stores we depend on from ye Northern kingdomes, in such a manner as may render Nova Scotia, with ye land petitioned for, ye most advantagious to Great Britain of any part of North America. A map whereof is now with me to shew (if your Lordship will permit) ye convenience and advantage of this oppertunity to settle it, etc. Signed, Thomas Coram. Endorsed, to Commrs. for Trade. 2 large pp. [C.O. 217, 1. Nos. 12, 12 i.; and (without enclosure) 218, 1. p. 81.]
Aug. 21.
461. Council of Trade and Plantations to the Queen. Enclose draught of Commission and Instructions in the usual form, for Walter Hamilton to be Governor of the Leeward Islands. (v. Aug. 14). And whereas there are several vacancies in the Councils of the said Islands, by the death or removal of several of the members thereof to other places, vizt. at Nevis three, at St. Christors. five, at Antegoa one, and at Montserrat five we have left blanks in the said draught of Instructions for the names of such persons as your Majesty shall think fit to appoint, etc. Recommend for Nevis, Michael Williams, John Choppin, and Joseph Symonds; for St. Christophers, Ralph Willet, John Duport, Clemt. Crook, Wm. Woodrop, and John Garnet; for Antegoa, Tho. Williams; for Montserrat, Jno. Bramble, Anth. Ravell, Anth. Fox, Wm. White and James Crookshanks, clerk. Mem. The Commission and Instructions never passed. [C.O. 153, 12. pp. 105, 106.]
Aug. 21. 462. Lords Proprietors of Carolina to Ch. Harte. It being represented to us some time since that very great wrongs and injuries were done to us by the illegal and exorbitant grants of lands in our Province of South Carolina, whereby we were induc'd to issue out our orders, that no other land should be sold in that Colony but such as should be directed by our special warrants, sign'd at our Board in London, yet the inhabitants of our said Province having earnestly applied themselves to us that this our order might in some measure be repeal'd and revok'd, and we being willing to grant their request, and to give all due encouragemt. to such persons as shall come to settle themselves in that part of our Province aforesaid. We do agree that the said order should be repeal'd, and we do hereby consent that warrants may be issued out of our Secretary's office in South Carolina, for the grant of lands according to the accustomed rates and usage of our said Province, provided that such grants shall not exceed 500 acres of land to any one purchaser, and that every 500 acres shall be rated proportionably to the value of £10 sterl. of the current money of Great Britain. Mem. The usual and accustomed chief rents, vizt. of 12 pence for every 100 acres of land which shall be sold, must be reserv'd to be yearly paid by the purchasers, to the Lords Proprietors, their heirs and assigns for ever. Signed, Beaufort, Carteret, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 290. pp. 69, 70.]
Aug. 22. 463. Warrant from the Lords Proprietors of Carolina granting leave of absence to Nicholas Trott, Chief Justice of South Carolina, with full salary, the Governor to appoint a Judge of Common Pleas, etc. in his absence. Signed, Beaufort, Carteret, Ful. Skipwith, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 290. pp. 70, 71.]
Aug. 24.
Boston, New England.
464. Governor Dudley to the Council of Trade and Plantations. My last letters were 1st Dec., 1712, etc., since which I have no commands from your Lordships. Encloses Acts, Minutes of Council, etc. Continues: These Provinces have been very happy in the Cessation lately publish'd by H.M. commands, and we are dayly waiting H.M. order for the publication of the Peace, which her Majesty has so hapily brought to pass to the benifit of all Europe as well as all the provinces in America. Ever since the Cessation I have been sollicited by all the Eastern Tribes of Indians to accept of their submission, and return to their obedience to H.M., which was performed twenty dayes since, the Sachems and delegates of the Indians attended me att Piscataqua, in Newhampshire, and acknowledged their breach of faith in their rebellion, and again renewed their assurances of obedience to H.M., and the Brittish Goverments here. The articles are amongst the papers, and are humbly submitted to H.M. I am humbly wayting H.M. orders referring to the English prisoners yet left in Quebeck, and the French King's orders for their delivery to such persons as shall be sent from hence. I am fearfull it will come so late that I shall not be able to perform it this year, for that no vessell that goes from hence after the last of September will be able to return before winter, however I shall loose no time after I have the order. The Generall Assembly of both the Provinces have addressed H.M. upon the Peace and are sensible of H.M. princely regard to all Her good subjects in North America in securing Newfoundland, Nova Scotia, and the Bay of Fundet to the british interest. I humbly acquainted your Lordships some time since of the misunderstanding between Conecticut Colony, and this Province referring to the dividing line set in their grants from the Crown, and that Road Island Goverment had submitted to the line stated before their grant. Since which this present year in July last, the gentlemen in the Goverment off Conecticut Colony, have agreed the stating of the line between this Province, and themselves, and it is ended to mutuall satisfaction, and off record in both the Goverments, which will take away the petty quarrels between the inhabitants dwelling close upon the dividing line, between the Goverments, which has been troublesome heretofore. Signed, J. Dudley. Endorsed, Recd. 12th Nov., 1713, Read 25th June, 1718. 2 pp. Enclosed,
464. i. Copy of the agreement between the Commissioners of the Province of the Massachusetts Bay and the Colony of Connecticut, 13th July, 1713. (1) That the dividing line between the aforesaid Province and Colony take its commencement from the antient station of Woodward and Saffery, and that a west line be run from thence according to the direction in the Royal Charter to the late Colony of the Massachusetts Bay, which line so far as there are any settlements, is to be run adjusted and determined by suitable persons appointed by each Government for that purpose within the space of twelve months etc., and afterwards to be further continued to the full extent as the Governments shall direct. (2) That the town of Woodstock granted 1683, laid out, planted and established by the Government of the Massachusetts, and at their very great cost and charge, defended thro' the course of a long destructive war; and the township of Symsbury granted in 1670, laid out planted and established by the Government of Connecticut, do remain entire to the respective Governments by which they were granted, both as to property and jurisdiction, notwithstanding any intersection that may be made in either of them by a new running or stating of the line. (3) That the interfering betwixt the towns of Symsbury and Suffield, upon the S.W. corner of Suffield be reformed and that the notch of land in the S.W. corner of Suffield of the content of about two mile and an half near on the square not allotted out or improved by Suffield, but under some improvement by Symsbury be accounted part of the said town of Symsbury. That a west northerly line be drawn from a large white oak markt tree standing on the bank of the west side of Connecticut River, two or three rods from the same, and about half a mile below the Island near the foot of the falls in the great river being the S.E. corner of Suffield bounds as formerly laid out vizt. 304 rod southward from the mouth of Stoney Brook, to extend to Symsbury easterly bounds, so as to fall 216 rod to the northward of the intersection of Suffield south line lately run by Messrs. Partridge Parsons and Porter with the easterly line of Symsbury. This to be the dividing line betwixt the town of Suffield to continue within the jurisdiction of the Massachusetts, and the town of Windsor to continue within the jurisdiction of Connecticut. And that for what land shall be wanting to make the town of Suffield six mile square an equivalent be made 'em according as is hereinafter agreed. (4) That the town of Enfield granted and established by the Government of the Massachusetts do entirely remain within the jurisdiction of that Government according to their grant etc. That the town of Windsor extend north to the bounds of Enfield. Fit persons to be appointed to run adjust and determine the lines between the aforesaid towns as is herein agreed, so always that in running the south line of Enfield its humbly proposed to the Honourable the Governor and Council of Connecticut to allow a favourable construction of the grant of Enfield to contain six miles in breadth, which if that cannot be obtained, then to be run upon a streight line according to the general course of the river. That the several tracts of land lying near to, or bordering upon the line formerly granted and laid out to Joseph Dudley, William Stoughton, Robert Tompson, Esqrs., Sir Richard Saltonstall, Robert Saltonstall, John Pyncheon, Thomas Clark, Esqrs. Elisha Hutchinson, William Whiting Esqrs., and to other particular persons, by the respective Governments of the Massachusetts or Connecticut shall be held by such grantees respectively their heirs and assigns forever according to the priority of their grants altho upon the new running of the divisional line it shall appear any of the sd. lands lay not within the jurisdiction of the Government by whom granted; and shall be confirmed to such grantees their heirs and assigns by the Governmt. within which they fall, that no persons be prejudiced in their improvements. Governors Dudley and Saltonstall and the present Commissioners to hear and determine any challenges by private persons made within the next twelvemonths, etc. Where any towns or particular persons by reason of any concessions herein made, or a new stating of the line, shall be cutt short or lessened in the quantity of their grants etc., an equivalent shall be made of a like quantity of ungranted lands, etc. Signed, Elisha Hutchinson, Isa. Addington, William Pitkin, William Whiting. Endorsed as preceding. 6½ pp.
464. ii. Account of stores of war in H.M. Fort William and Mary, Newcastle in Newhampshire, 24th June, 1713. 1 p.
464. iii. Account of stores of war in New Hampshire 24th June, 1712–1713. 2 pp.
464. iv. Account of powder expended at Fort William and Mary, 24th June, 1712–1713. Endorsed as letter. ½ p.
464. v. Account of stores of war at H.M. Fort at Marblehead, New England, 24th June, 1713. Endorsed as preceding. 1 p.
464. vi. Account of powder expended at Marblehead, 24th June, 1712–1713. ½ p.
464. vii. Account of stores of war expended at Castle William, Boston, 24th June, 1712–1713. 1 p.
464. viii. Account of stores of war at Castle William, 24th June, 1713. 1 p.
464. ix. Account of stores of war at Fort Anne, Salem, 24th June, 1713. 1 p.
464. x. Proclamation by Governor Dudley, by and with the advice of the Representatives of the Massachusetts Bay, for the more strict observance of the Act for ascertaining the rates and value of foreign coins within H.M. Plantations. Boston, 8th Nov. 1712. Signed, J. Dudley. Same endorsement. Printed by B. Green etc. 1 p.
464. xi. Proclamation by Governor Dudley, with the advice of H.M. Council, for the arrest of deserters, and infliction of the utmost penalties on all who shall harbour them etc., "H.M. fleet and forces being sail'd this day on the design'd expedition against Canada; and notwithstanding the warrants, proclamations etc., there are several sailers, marines and souldiers of H.M. British troops that have deserted, not yet taken up" etc. Boston, 30th July, 1711. Signed, J. Dudley. Printed as preceding. 1 p.
464. xii. Proclamation by Governor Dudley, by and with the advice of the Council. Whereas Mary Nicholton, a servant woman in the family of Captain Thomas Matthews in Boston, was missing from her master's house for two days 17th Jan. last, and found murdered upon the flatts on the south side of King Street pier in Boston near the stern of the Success man of war etc., and writing without name having been taken up in the street, intimating the writer's knowledge of the place where she was concealed, the writer of the said paper and all others who can give information are hereby directed to give information of what they know etc. 9th Feb. 1712, Roxbury. Signed, J. Dudley. Printed as preceding. 1 p. [C.O. 5, 866. Nos. 149, 149 i.–xii.; and (without enclosures) 5, 915. pp. 122–125.]
Aug. 24.
465. Mr. Addington to Mr. Popple. Encloses Journal of Assembly Aug.—Jan. 1712, Minutes of Council, June—Nov. 1712, and Acts etc. 1711–1713. Continues: H.M. Royall Proclamation for publishing the Peace, being newly arrived, was solemnly published here this day, with the usual acclamations and demonstrations of joy and fireing. etc. Signed, Isa. Addington. Endorsed, Recd. 12th Nov., 1713. Read 25th June, 1718. 2 pp. [C.O. 5, 866. No. 150; and 5, 915. pp. 126, 127.]
Aug. 24.
Boston, New England.
466. Governor Dudley to the Earl of Dartmouth. Refers to letter of April 8th, and "hopes of a perfect peace, which we are dayly advised off by private letters, but yet want H.M. commands to make it publique, and demand our prisoners att Mr. Voderil hands yet remay[n]ing in Queebek and the French settlements in Canada. The Eastern tribes of the Indians have absolutely and intirely submitted themselves to H.M. disposall as by the inclosed articles your Lordship will see, which being an originall I humbly pray your Lordship may be seen by my Lord Treasurer, and it is as your Lordship will see in the last article intirely submitted to H.M. farther direction. Mr. Dummer presents your Lordship with the seal of the Indian articles. I have sent away out of these Goverments, every French man prisoner, or others that were delayed upon the account of the warr, and hope I shall obtain the English prisoners yet remayning in French hands, so soon as I have the French King's orders to Mr. Voderil to send with Commissioners from hence to receive them. The other papers from these Provinces are covered to the Board of Trade," etc. Signed, J. Dudley. 1 p. [C.O. 5, 751. No. 84.]
[Aug. 24.] 467. Enclosed in preceding:—
The Submission and Agremt. of ye Eastern Indians, Portsmouth, New Hampshire, July 13, 1713. Whereas for some years last past wee have made a breach of our fidelity and loyalty to the Crown of Great Britaine and have made open rebellion against H.M. subjects the English inhabiting in ye Massachusets, New Hampsheire and other H.M. territories in New Engld., and being now sensible of ye miseries wch. we and our people are reduced unto thereby, we whose names are hereunto subscribed, being delegates of all the Indians belonging to Norrigawake, Narakamegock, Amasaconteog, Pigwocket, Penecook, and to all other Indian Plantations, scituate on the rivers of St. Johns Penobscot, Kenybeck, Amascogen, Saco and Merimack and all other Indian Plantations lying between the sd. rivers of St. Johns, and Merimack, parts of H.M. Provinces of the Massachts. and New Hampshire within H.M. soveraignty, haveing made application to H. E. Joseph Dudley Esq. Captn. Generll. and Govornor in chief in and over the sd. Provinces, that the troubles, wch. we have unhappily raised, or occasioned agt. Her Majties. sd. subjects ye English, and ourselv's may cease and have an end, and yt. wee may againe enjoy H.M. grace and favor, and each of uss respectively, for ourselves and in ye name and wth. ye free consent of all the Indians, belonging to ye severall rivers and places afforesd. and all other Indians wthin. ye said Provinces of and from Merrimack River unto the most eastermost bounds of the said Provinces of ye Massach. Bay and New Hampshire, hereby acknowledging ourselv's the lawfull subjects of our Soveraign Lady Queen Anne, and promising our hearty subjection and obedience unto the Crown of Great Britaine, doe solemnly Covenant promise and agree, to and wth. the sd. Joseph Dudly Esq. Govornr., and all such as shall hereafter be in the place of Captn. Generll. and Govor. in chief of ye. sd. Provinces or Teritories on H.M. behalfe in manner following, that is to say, that at all times for ever from and after ye date of these presents: we will cease and forbeare all acts of hostility towards all the subjects of the Crown of Great Britaine and not offer the least hurt, or violence to them or any of them in theire psons or estates, but will henceforward hold and maintaine a firm and constant amity and friendship wth. all the English and will never entertaine any treasonable conspiracy wth. any other nation to their disturbance. That H.M. subjects the English shall and may peaceably and quietly enter upon improve and for ever enjoy all and singular theire rights of land and former settlements, properties and possessions within the Eastern parts of the said Provinces of ye Massachts. Bay and New Hampshire, together wth. all Islands, Islets, Shores, Beaches and Fishery within the same without any molestation or claime by us or any other Indians, and be in no waies molested interrupted or disturbed therein: Saveing unto the said Indians theire own grounds and free liberty of hunting, fishing, fowling and all other theire lawfull liberties and priveledges as on the eleventh day of August in the yeare of our lord God one thousand six hundred and ninety three. That for mutuall safety and benifit, all trade and commerce which hereafter may be allow'd betwixt the English and Indians shal be only in such places and under such mannagmt. and regulations as shall be stated by H.M. Govermts. of the sd. Provinces, respectively. And to prevent mischiefs and inconveniencies: the Indians shall not be allowed for the present: and untill they have liberty from the respective Governments, to come neare to any English Plantations or Settlemts. on this side Saco River. That if any controversie or difference at any time hereafter happen to arise betwixt any of the English or Indians for any real or supposed wrong or injury don on the one side or the other, no private revenge shall be taken by the Indians for the same, but proper application shall be made to H.M. Governmt. upon the place for remedy thereof, in due course of Justice, we hereby submitting ourselv's to be ruled and governed by H.M. laws and desier to have the protection and benefit of the same. We confess that wee have contrary to all faith and justice broken our Articles with Sr. Wm. Phips Governor made in the yeare of our Ld. God 1693, and wth. the Earl of Bellomont Governor made in the yeare of our Lord God 1699. And the assurance we gave to H.E. Joseph Dudley Esq. Governor in ye year's of our lord God 1702: in the month of August: and 1703, in the month of July notwithstanding wee have been well treated by the said Governors: and we resolve for the future not to be drawn into any perfidious treaty or corespondence to the hurt of any the subjects of Her Majtie the Queen of Great Britaine, and if wee know of any such we will seasonably reveal it to the English. Wherefore we whose names are hereunto subscribed, delegates for the severall tribes of the Indians belonging unto the river of Kenybeck, Amarascogen, St. Johns Saco and Merrimack and parts adjacent being sensible of our great offence and folly in not complying with the aforesd. submissions and agreemts. and also of the sufferings and mischiefs that we have thereby exposed ourselves unto do in all humble and submissive manner cast our selves upon Her Majties. mercy for the pardon of all our past rebellions, hostilities and violations of our promises: praying to be received unto Her Majties. grace and protection. And for and on behalfe of our selves and of all other the Indians belonging to the severall rivers and places aforesaid within the sovereignty of Her Majtie. of Great Britaine do again acknowledge and profess our hearty and sincere obedience unto the Crown of Great Britaine: And do solemnly renew ratify and confirme all and every of these articles and agremts. contained in the former and present submissions. This treaty to be humbly laid before her Majtie. for her ratification and further order. In wittness whereof we the Delegates aforesaid by name Kireberuit: Iteansis and Jackoit for Penobscut: Josep and Eneas for St. Johns: Waracansit, Wedaranaquin and Bommoseen for Kennebeck; have hereunto set our hands and seals the day and yeare first above written. Signed sealed and delivered in the presence of J. Redknap and 44 others. The Indians' signatures are accompanied by seals and totem marks and are as above except that Kireberuit appears as Qualebenewet. Present; H. E. Joseph Dudley, Councillors of Massachusets:—Samuel Sewall, Jona. Corwin, Pen. Townsend, John Appleton, John Higgenson, Andrew Belcher, Thomas Noyes, Saml. Appleton, Ichobud Plaisted, John Wheelwright, Benja. Lynde. Councillors of New Hampshire:— Wm. Vaughun, Peter Coffin, Robert Elliot, Richd. Waldron, Nathl. Wyer, Saml. Penhallow, John Plaisted, Mark Hunching, John Wentworth. Addressed. "For the Earl of Dartmouth." Endorsed, In Mr. Dudley's of 24th Augt. 1713. 3½ large pp. [C.O. 5, 931. No. 10.]
Aug. 25.
Boston, New England.
468. Governor Dudley to Mr. Popple. While I am sealing my letters very hapily I have receiv'd from New York a packett etc. commanding the Proclamation of the Peace etc. It has been accordingly performed with all possible solemnity, and to the universall joy and satisfaction of all H.M. good subjects etc. Signed, J. Dudley. Endorsed, Recd. 12th Nov. 1713, Read 25th June, 1718. ¾ p. Enclosed,
468. i. Copy of the Boston News-Letter, Aug. 24–31, 1713, giving an account of the Proclamation and acclamation of the Peace. Printed. 2 pp. [C.O. 5, 866. Nos. 151, 151 i.; and (without enclosure) 5, 915. pp. 127, 128.]