America and West Indies: June 1714

Pages 349-362

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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June 1714

June 1. 684. Order of the House of Lords. Act for encouraging the Tobacco Trade ordered to be read a second time, and that in the mean time a copy of the bill be transmitted to the Council of Trade and Plantations for their opinions of the tobacco trade. Signed, Math. Johnson, Cler. Parliamentor. Endorsed, Recd. Read 2nd June, 1714. ¾ p. Enclosed,
684. i. Draft of Bill for encouraging the tobacco trade. Same endorsement. 41 pp. [C.O. 5, 1316. Nos. 106; and (duplicate) 107, 107 i.; and (without enclosure) 5, 1364. p. 33.]
June 1.
St. Christopher's.
685. Robert Cunynghame to the Council of Trade and Plantations. I am sorry should be obliged to represent the conduct of the Gent. before whom depositions are to be taken by the Order of H.M. in Council June 24, 1713, for the effectual proving my complaints against General Douglas and Lt. Governor Lambert, they have indeed issued forth precepts commanding the Marshal to summons the evidence before them, but will take no notice of their not appearing telling me publickly that they have no authority to compel them to appear to give their evidence, and that they will not: I have had indeed several meetings, but as I am to prove my complaints against the Lieut. Governor by his friends, they will not appear, neither will the Lieut. Governor himself to give his evidence on my complaint against the General tho' often summoned. By what is already sworn, will appear my being imprisoned denied to be admitted to bail, and discharged without any tryal. That the brass field pieces were in Charles Fort and seen after that on board a brigantine whereof the Lieut. Governor was part owner, and that the inhabitants of this Island in common had only beef of H.M. royal bounty by Capt. Camocke at the rate of 15 persons to a barril wch. amounted in the whole to between 140 and 150 barrils of beef: 467 barrils were delivered by Capt. Camocke besides the other specias mentioned in my charges against the Lieut. Governor, the original inventory of which by an accident fell into my hands. I canot think H.M. or your Lordships do expect I shal prove my complaints unless the persons who are to give evidence be obliged to do the same, were my allegations falce your Lordships may be perswaded the General's and Lieut. Governor's friends would appear without any difficulty, etc. Signed, Ro. Cunynghame. Endorsed, Recd. 14th, Read 30th, Aug. 1714. 2 pp. [C.O. 152, 10. No. 32.]
June 2. 686. Mr. Perry and Capt. Hyde to the Council of Trade and Plantations. A brief account of the present state of the tobacco trade and of the bill relating thereto (v. June 1st). There are 5 duties payable on tobacco amounting to 6⅓d. per lb. The produce is often not sufficient to pay the custome, fraight and other charges. Drawbacks are allowed on exportation within 18 months, but merchants have of late been obliged to do it in 3 or 9 months, whereby Holland hath been made the magazine of that commodity, etc. Details of the Bill. Endorsed, Recd. Read 2nd June, 1714. 3 pp. [C.O. 5, 1316. No. 108.]
June 3. 687. John Pery to Mr. Popple. The Hudson's Bay Compa. are sending a Gentm. to take possession of our countrey very speedily. He can give their Lordships information relating to the damages the Fr. did us in tyme of peace etc. Signed, John Pery. Endorsed, Recd. 3rd, Read 18th June, 1714. 1 p. [C.O. 134, 2. No. 39; and 135, 3. pp. 128, 129.]
June 5.
688. Council of Trade and Plantations to the Lords Spiritual and Temporal etc. Reply to June 1st. We take leave to represent that upon a strict enquiry and examination of accounts produced from Holland, and other foreign parts in 1707, to the then Commissioners for Trade and Plantations, the state of the tobacco trade did appear to be as follows:—Quote first part of representation of July 1, 1707, v. C.S.P. 1707, No. 1024 i. Since which, we have been informed, that the growth and consumption of European tobacco is encreased at least double to what is aforementioned; and by representations which we have received from the Councils of Virginia and Maryland, it appears, that those Provinces are in a very miserable condition by the low price of tobacco here, occasioned by the great quantity and cheapness of European tobacco sold as aforesaid, and by the high duties on tobacco here, insomuch that very many of the inhabitants do not get sufficient to cloath their families in return of their tobacco, and others who have formerly lived plentifully upon the produce of that commodity, are now reduced to very great wants and necessities, for which reasons several of the inhabitants are removed to other Colonies where they are not of so great advantage to this Kingdom; and others that remain, are forced to fall into manufactures with which they used formerly to be supply'd from hence, and in general the Provinces are very much in debt. We have received from Lt. Govr. Spotswood an Act lately passed in Virginia, for preventing frauds in tobacco payments and for the better improving the staple of tobacco; whereupon he observes; that after the many discouragemts. which that trade laboured under, both there, and in Great Britain, it was necessary to enquire from what root so many evils did proceed, which has been judged to be owing in part to the ill management of tobacco there; many people in Virginia making it for no other end than to pay off debts, and taxes, for which purpose they think it good enough, how mean soever it be, and others making such a sort as several of the out-traders in Great Britain most eagerly seek after (especially of late); and seeing house sweepings and the worst of trash is a sort too, which they go to Virginia to purchase, and that they have been known to pour salt water upon such tobacco as soon as they had got it on board, it may be reasonably suspected that what they bring from those parts rather diminishes than encreases the duties at the Custom-house, and serves (as he says) for no other than vile practises, whereby the staple of Virginia tobacco has been brought into disesteem; that the said Act therefore by obliging all planters to have their tobacco viewed by a sworn officer in the manner therein prescribed, has made a provision against the exportation of all such trash as is said to be allowed by the Custom-House-Officers in the out-ports, as damaged tobacco, and thereafter frequently re-exported with the benefit of the drawback; and thus (he says) it is hoped, the reputation of Virginia tobacco may be retrieved, when none but such as is found worth paying the duty at home, shall be sent to the foreign markets. We have also been informed by the merchants, that by reason of the high duties, this difficulty in giving securities and want of proper encouragement there, have lain for about 20 months last past, several ships in the River of Thames, with between 6 and 7,000 hhds. of tobacco on board, the proprietors or their agents not having been able to comply with the law as it now stands. This is the present state of the tobacco trade, and having in pursuance of your Lordships' Order, considered the several provisions mentioned in the Bill now before your Lordships, we are humbly of opinion the said trade will be very much eased and benefitted thereby, and the British merchants enabled in a great measure to supply foreign markets with the tobacco of H.M. Plantations instead of that of the growth of Europe. [C.O. 5, 1364. pp. 34–42.]
June 5.
Council Chamber, Whitehall.
689. Order of Lords of the Committee of Council for hearing appeals from the Plantations. Her Majesty having been pleased by Her Order in Council of April 21st last to refer back to this Committee a representation of the Lords Commissioners for Trade setting forth the ill consequences of the liberty used in H.M. Plantations in America of making and enacting laws to continue in force, for so short a time, whereby H.M. prerogative of approving or disapproving such laws is evaded: Their Lordships for their better information therein are pleased to order, that the said Lords Commissioners do examine and inform themselves by the best ways and means they can, how, and by what grants or authorities the said Plantations do claim the liberty and power of making such temporary laws as aforesaid, and propose to this Committee with all convenient speed, what methods they shall judge most proper to be taken in order to the setting aside the said practices so prejudicial to H.M. interest, as well as the trade of her subjects. Signed, Christo. Musgrave. Endorsed, Recd. Read. 9th June, 1714. 1 p. Enclosed.
689. i. Order of Queen in Council, April 21, 1714, St. James. Upon reading a report from the Committee of the whole Council, March 20th, vizt., that upon an Order of Council, Feb. 20th, referring to them the representation of the Board of Trade (Jan. 15) concerning Acts of Pennsylvania and temporary laws in the Plantations, their Lordships having taken the same into consideration, and finding by a Minute at the Treasury Chambers read at the Board, that an agreement hath been made there with Mr. Penn and others proprietaries of Pennsylvania and other lands therein mentioned for surrendring to the Crown their propriety thereof for the sum of 12,000l. to be paid by the Crown in four years time; their Lordships do agree humbly to offer their opinion, to H.M., that the said agreement for such purchase, reference thereunto being more particularly had, be perfected with the said Wm. Penn and others concerned therein by Act of Parliament by reason of the incapacity of the said Wm. Penn wherein also provision may be made for the inconveniency so complain'd of in passing and transmitting of laws and otherwise occasioned by the present tenour of the said charter. The report is approved and it is ordered that the Lord High Treasurer do proceed to the perfecting of the said agreement with the said Mr. Penn and the other persons concerned in order to have the same passed into an Act of Parliament as soon as conveniently may be. It is referred back to the Committee of the whole Council to examine and enquire into the powers and authorities by which the rest of H.M. Plantations in America do pretend to ye making and enacting laws to continue in force, for so short a time whereby H.M. prerogative of approving such laws is evaded; and to consider of such methods as their Lordships shall judge proper for setting aside the said practices so prejudicial to H.M. interest, and the trade of Her subjects, and to present the same to H.M. in Council. Signed, Christo. Musgrave. 3 pp. [C.O. 323, 7. Nos. 30, 30 i.; and 324, 10. pp. 41–46.]
June 8. 690. Mr. Attorney General to the Council of Trade and Plantations. I have considered of the Act for the more effectual releif of the freeholders and inhabitants of Kingston (in the Island of Jamaica), which Act takes notice that after the earthquake in 1692, most of the habitations at Port Royal being thereby destroyed the then Governmt. for the preservation of the trade of that Island, verbally agreed with Nicholas Laws one of the attorneys of Sir William Beeston for settling the town of Kingston, and Thomas Ryves his other attorney agreed to the same, as was affirmed by Col. James Archbould, whereby 200 acres of land part of 530 acres of Sir Wm. Beeston's in the parish of St. Andrew and harbour of Port Royal should be surveyed, laid out and divided into several distinct lotts and parcells, whereon the inhabitants of Port Royal should settle, to be called Kingston, for which Sir Wm. Beeston was to have 1,000l. by a certain time. That pursuant to such agreement the 200 acres were survey'd, laid out, and divided into lotts for building and into streets, and other parcells for other publick uses, and a plan of the same was drawn by a sworn surveyor, and a duplicate thereof sent to England to Sir Wm. Beeston who approved thereof, and consented that the 200 acres should be built on, and enjoyed as laid out by the plan. That in that plan there was laid out a street called Harbour Street, which extended from the first row of lotts for building, fronting the Harbour quite to the sea; and Sir W. Beeston in 1692 arriving in that Island as Lt. Governor and finding by many buildings erected in Kingston, that it would be more advantagious to him to sell the lotts separately, than to accept the 1,000l., he proceeded in selling the lotts. And it is alledged in the Act, that he encouraged the inhabitants of Port Royal and others to purchase lotts in the town, and told such as would purchase, that the streets and other publick places should be enjoyed to the uses they were designed for, and in particular, that Harbour Street should be always used as a publick street, wherein the inhabitants might ship off, and land their goods, and that the street was always deemed a publick street and easement to all the inhabitants in common as other publick streets there were. On which expectation the settlers accepted bills of sale of their respective lotts from Sir W. Beeston, for money paid by them, whereby he conveyed such lotts with their appurts., by which they apprehended and were advised they were entitled to the common use of Harbour Street as being appurtenant to those lotts. That after the inhabitants had laid out their money in building upon such lotts, Sir William intending to deprive them of the Harbour, which was the cheif inducement to settle in Kingston, conveyed that part of the street called Harbour Street that bounded on the sea to his Secretary Thomas Bowyer, and granted him by letters patents the shoal water on which the said Harbour Street bounded, without the allowance of the Attorney General as usual, and his Secretary reconveyed them to him in fee, at which the inhabitants being displeased Sir William to quiet them in 1693 issued a Proclamation signed with his own hand, taking notice that malitious persons had raised reports that he had or did design to sell the land on the front of Kingston between the first row of buildings called Harbour Street on the sea side, he declares for the encouragement of the buildings that he never did intend any such thing to their prejudice, nor did then intend it. That thereupon great numbers of lotts were built, and the building advanced very much during Sir William's stay there, which was till 1702, and he never pretended any right to Harbour Street or the shoal water there, but often repeated his former declaration, and the inhabitants in Sir William's life enjoyed Harbour Street and the shoal water. Yet the devisee of Sr. William Beeston has interrupted the inhabitants in the enjoyment of Harbour Street, and pretends right to it, and to the shoal water, whereby the inhabitants would be deprived of the passage to the sea, and the sole advantage that encouraged them to settle in that town, and for that it is just the inhabitants should be quieted in the enjoyment of the streets, and for the advancement of trade, and further settling the town, it is enacted that all the streets in Kingston, and the land laid out for the Church, Market, and Parade, and more especially Harbour Street before the first row of houses fronting the sea, and extending to the same as laid out in the plan and all other parcells of land laid out for publick use, and the shoal water and harbour adjacent shall be and are thereby vested in H.M. in fee, to the use of the inhabitants of Kingston for ever, to be enjoyed by the inhabitants in common as fully as at any time heretofore against all persons claiming under Sir Wm. Beeston freed and discharged of his and their respective estates, and the letters patents to Bowyer, and the reconveyance by him, of the shoal water are declared to be void and that no buildings shall be erected on the said Harbour Street, and those already erected to be pulled down within six months after passing the said Act. But there is a proviso, that that Act shall not extend to the lands of Peter Beckford and Elias Nazarean. The Act was passed Feb. 18, 1713, and if the allegations therein mentioned are true, I am of opinion the Act is reasonable and just, for the preserving the inhabitants' rights to Harbour Street, and the passage to the sea, that they be not obstructed by building. But Sr. Charles Orby who married the widow of Sir W. Beeston, and is entitled to her estate in her right under his will, opposes Her Majtie's. approving the said Act, alledging that severall of the facts therein mentioned are otherwise than as śtated by the Act, for that it is so far from being true that Sir W. Beeston till 1702 never insisted to have any right to Harbour Street or the shoal water, that it appears by copies of Sir W. Beeston's conveyances exemplified under the seal of the Island, produced to me, that in 1700, he sold one lott of the shoal water land to Elias Nazarean, and another to him in 1702, and another in 1700 to Peter Beckford, who was Speaker to the Assembly that passed the Act. And it seems unequal that the houses built by them thereon should be excepted out of the Act, altho' they claim under Sir W. Beeston, and the houses of other persons claiming under him are enacted to be pulled down. And by several affidts. produced to me it does appear that the houses to be pulled down by this Act, were built in 1704 at very great expence without being at all interrupted therein by the inhabitants of Kingston, and they have been quietly enjoyed till the making of this Act, and that in 1712 the houses being damaged by a hurricane, they were quietly repaired without interruption, and that in their apprehension the inhabitants of Kingston lookt upon those buildings rather as a benefit than prejudice to the said town, the breadth of the streets from the row of buildings abutting on Harbour Street being left unbuilt on, and thereby the streets continued to the sea. Col. Laws appeared before me for the Bill, and insists that they shall be ready to make out the allegations of the Bill, and that the same is just and reasonable. Now in regard that the six months will end in August next, when by the Act the buildings are to be demolished, and that there will not be sufficient time for hearing all the parties concerned in order to your Lordps. advising H.M. to confirm or repeal the same, I humbly propose that H.M. pleasure be signified to the Governor of Jamaica, that the execution thereof be suspended for a certain time, or till H.M. pleasure shall be declared thereupon. Signed, Edw. Northey. Endorsed, Recd. 8th, Read 10th June, 1714. 5½ pp. [C.O. 137, 10. No. 49; and 138, 14. pp. 103–110.]
June 8.
691. Lord Bolingbroke to the Council of Trade and Plantations. I have writ to Monsr. d'Iberville, the French Envoy, to know in what manner his Court intends to treat of those points wch. are referred by several Articles in the late Treaty of Peace with France, to the discussion of Commissarys on both sides, and particularly the matters mentioned in the 11th Article, which it is most proper to settle here. But as to the regulating the limits belonging to the Hudson's Bay Company, and other matters left to Commissarys by the 10th and 15th Articles, H.M. thinks fit to direct that your Lordships should consider of the properest method for appointing Commissarys, and determining the points in dispute, which are to be regulated on the spot in America. Signed, Bolingbroke. Endorsed, Recd. Read 8th June, 1714. 1 p. [C.O. 388, 17. No. 15; and 389, 24. pp. 250, 251.]
June 10.
692. Mr. Popple to Mr. Attorney General. Encloses Papers relating to the enacting of temporary laws in the Plantations (v. April 21 etc.) for his opinion as soon as possible. [C.O. 324, 10. pp. 47, 48.]
June 10.
St. James's.
693. H.M. Warrant to Mr. Attorney General to prepare a bill appointing Thomas Hare, Register in the Chancery and Clerk of the Crown in Barbados, in place of Robt. Stewart, decd., and to hold the said offices by himself or deputies (who shall be resident upon the Island), etc. Countersigned, Bolingbroke. [C.O. 324, 33. p. 47.]
June 13. 694. [? General Worsley to Lord Bolingbroke.] List of Gentlemen proper to supply the vacancys that may happen in H.M. Council at Barbados:—George Foster, William Terril, Henry Peers, Samuel Broom, Thomas Applewaite, Henry Evans, John Pikering, Edward Jordan, James Hannay, Ralph Weekes, John Holder of St. Philips, and Joseph Pilgrim. Endorsed, In Genl. Worsley's of June 13th, 1714. 1 p. [C.O. 28, 38. No. 79.]
June 14.
Annapolis in Maryland.
695. Governor Hart to the Council of Trade and Plantations. I arrived here on 29th May, after a tempestuous passage of nine weekes. Immediatly on my arrivall, I summoned ye Councill and published my Commission on the 31st, and took ye appointed oaths, etc. I found the Assembly prorogued to ye 23rd inst., at wch. time I intend to communicate to them such artickles as I am injoyned by my Instructions. I cannot be so particular to your Lordships in ye state of this Province, as I hope to be in some short time, when I shall be enabled to relate it with more certainty, etc. Returns thanks for the ready despatch of his Commission through the office, and for the particular regard shown to him by their Lordships in the permission granted him to go during the hot season to New York. Signed, Jo. Hart. Endorsed, Recd. Read Sept. 9, 1714. 2 pp. [C.O. 5, 717. No. 58; and 5, 727. pp. 437, 438.]
June 14.
696. President Sharpe to the Council of Trade and Plantations. Refers to letter of May 8th. Since which the Assembly address't me in answer to my speech and made me many fair promises of coming into the healing measures I so earnestly recommended to them of repairing their fortifications retreiving the publick credit and encouraging a regular distribution of justice. I ordered the state of the first to be enquired into by the proper Commissioners, but the reports to me have been so delayed by some of them that I have not yet been able to press that matter to them, but the Assembly being by my orders to meet to-morrow, I shall again recommend it to them. The publick credit has been yet more neglected, not one step or motion towards it having yet been made by them. And as to the publick justice, they have given it all the obstruction in their power. The Court of Grand Sessions which was to have been holden the 8th instant could not proceed by reason of their peremptory refusal to pass a subsidiary law to prevent any disputes which might arise from the returning a person to serve at that Court as a juror who had unknown to the Sheriff sold so much of his freehold a few days before the writts were published as made it disputeable whether he had a sufficient estate left to qualify him to act as such. I earnestly prest it to them more than once; Their pretence for their refusal was the sickness in town; I must humbly beg your leisure to peruse the enclosed Minutes of the Council and of the Assembly, which contain some of my reasons for it and theirs against it, when I presume to flatter myself your Lordships will be of opinion, their reasons were not of force enough to put off a Court of that consequence; especially when a criminal lay committed for a murder generally represented very barbarous. I thought it my duty to execute the commissions for holding the Court, and to let the matter of the return abovementioned come in question and be decided by the Court; but it was so contrived that there did not attend Justices enough to compose a Court, tho' the Provost Marshall, by my order summoned several of them who were in town. 'Tis not seven months past when these Gentlemen concurr'd with Mr. Lowther in passing a law to enable the then ensuing Court to hold, tho' the very writts in the case were erroniously issued, and many other essential omissions; but they had at that time an honest gentleman to sacrifice. I do not, my Lords, impute this to the whole House, I am sensible there are some very honest gentlemen amongst them; but there are two or three leading men, who have had too great a liberty under the late administration to oppress all whose faces they did not like, and were therefore apprehensive should the Sessions hold, their late irregularitys were so flaming, the Grand Jury would expose them in the presentments always made on such occasions. To these Gentlemen a government by party is necessary, I am not therefore surprized they should endeavour to cross my measures, when they find them tending to the uniteing of the people, and to the preferring to the honours of the place, the best men of healing dispositions, without regard to the views of either of the little factions which have so embroiled affairs here. But those measures are too wholesome to be laid aside from a few difficultys in the entrance; and tho' the breaking these partys here be a work of time, I flatter myself I shall be able to make such a progress in it, as may make appear the compleating it not to be impracticable; at worst, my Lords, I think it too good a work not to be at least attempted. I have appointed a general review of the Militia on the 17th instant in two places, when I shall be able to judge of the qualifications of the several officers, and the strength of the Island; after which, I intend to view all the fortifications myself, having no great reason altogether to rely on the reports of the Commissioners to me. During this progress I hope to have frequent opportunitys of bringing the men of good inclinations together, and upon my return, I shall proceed to confer the posts upon such gentlemen as have too good estates and affections to permit the very walls of the forts to fall, and the publick credit to be 60 or 70 per cent. discount; which is the present lamentable state of this place. P.S. Encloses addresses from the Council, the Clergy and the Merchants and Traders of Barbados to the Queen. Signed, Wm. Sharpe. Endorsed, Recd. 27th July, Read 26th Aug. 1714. 2 pp. Enclosed,
696. i. Copy of Speech of Col. Sharpe, President of the Council of Barbados, to the Assembly, May 4, 1714. (v. Minutes of Council). Same endorsement. 2¼ pp.
696. ii. Copy of Journal of Assembly of Barbados, June 7, 1714. Same endorsement. 7 pp.
696. iii. Copy of Address of the General Assembly of Barbados to Col. Sharpe, President of the Council. May 11, 1714. (v. Minutes of Council). Same endorsement. 2 pp. [C.O. 28, 14. Nos. 19, 19 i.-iii.; and (without enclosures) 29, 13. pp. 99–105.]
June 14.
697. President Sharpe to Lord Bolingbroke. Begins as preceding letter. Concludes:—I thought it my duty, my Lord, in regard the Clergy had been of late very much discountenac'd here, to call 'em together in a body, to entertain them with great respect, and to offer 'em my service towards redressing any grievances they might labour under; they have promiss'd to lay 'em before me, and have drawn up an humble address to Her Majesty, which they have pray'd their Diocesan, my Lord of London, to present; one of which I presume to inclose to your Lordship. I had lately, my Lord, the honour of a letter from your Lordship in favour of Mr. Savage; it shall always be my ambition to obey your commands. I have made that gentleman H.M. Sollicitor General, which was the best thing in my gift, and I will take care to do him all other offices of friendship. I had also the honour of your Lordship's commands by Mr. Brimsden, in favour of Mr. Good; I will, my Lord, do his agents here all the service in my power. I beg you will take me into your protection, etc. Signed, Wm. Sharpe. Endorsed, Rd. Sept. 13. 3 pp. Enclosed,
697. i. Address of the Merchants and Traders of Barbados to the Queen. Return thanks for the appointment of Col. Sharpe. During his previous Government, it was his peculiar care to encourage trade. We shall heartily concurr with him, etc. June 7, 1714. 119 signatures. 1¾ pp.
697. ii. Address of the Council of Barbados to the Queen, June 7, 1714. Return thanks for the appointment of William Sharpe to command this place, etc. ½ p.
697. iii. Duplicate of No. 654 iii.
697. iv. Duplicate of No. 696 i.
697. v., vi. Duplicates of No. 696 iii. [C.O. 28, 43. Nos. 89, 89 i. (covering letter and encl. i. only); and 28, 38. Nos. 80, 82, 84–87; and (duplicate of covering letter) 81.]
[June 16.] 698. Moses Jacqueau to the Council of Trade and Plantations. Describes the French fishery at Placentia etc., which he recommends should be settled with disbanded soldiers. The English must be encouraged to carry on that trade now with the utmost vigour, and the French not suffered to fish out of their appointed limits. Ships must arrive at the Fishery by the beginning of March, etc. Prays for renewal of the pension granted to him by King William for his services in the Navy, 1691, to which a stop has now been put by a general order from the Lord High Treasurer. Signed, M. Jacqueau. Endorsed, Recd. 16th June, 1714. Read 1st Feb., 17 15/16. 8 pp. Enclosed.
698. i. Copy of H.M. Warrant, March 3rd, 1692, granting to Moses Jacqueau, French sea officer and refugee, a pension of 120l. for his services in the English Navy, etc. Countersigned, Nottingham. 1 p.
698. ii. Earl of Nottingham to Admiral Edward Russel, Hague, March 8, 1691. Recommends M. Jacqueau, etc. Signed, Nottingham. Copy. 1 p.
698. iii. Copy of trial of M. Jacqueau in the French Court of Admiralty, March 5 (N.S.) 1692. Sentenced to death and all his property confiscated. 3 pp. [C.O. 194, 6. Nos. 2, 2 i.-iii.; and (without enclosures) 195, 6. pp. 165–179.]
June 19.
699. Lord Bolingbroke to Governor Lord A. Hamilton. Your letter of Aug. 3rd was put into my hands by the Earl of Dartmouth, and I recieved lately that to me of March 22nd, besides several papers and addresses which were delivered to me by the Earl of Orkney, and others. I transmitted some time since to the Lords of Trade by the Queen's command an account of the state of affairs in Jamaica, which was taken from those papers which I had in my hands. Their Lops. have them under consideration, but hithert by reason of other pressing business, I suppose, which interfered, they have not made their report to the Queen. I for my own part have been in such a continual hurry during this Session that I have not been able to go to the Board of Trade to examine the disordered circumstances of your Island with them, but I hope in a little time, we shall find leasure to enter seriously into the examination of the state of Jamaica, and come to some resolutions to be laid before H.M. in order to compose the disturbances, restore a good understanding, and strengthen the Government there. And when I recieve H.M. commands, I shall not fail to communicate them to you, and to instruct you as fully as I am able upon the several heads relating to your conduct which require the Queen's orders. In the mean time I doubt not, but you will continue to pursue those measures which are most for H.M. honour, and service, and most conducing to the true interest and advantage of so important a Colony as that of Jamaica. Signed, Bolingbroke. [C.O. 324, 33. pp. 48, 49.]
June 21. 700. John Pery to Mr. Popple. Owing to illness cannot attend the Board for a week, etc. Signed, John Pery. Endorsed, Recd. Read 21st June, 1714. Addressed. 1 p. [C.O. 134, 2. No. 40.]
June 21.
701. Council of Trade and Plantations to Governor Lord A. Hamilton. We are now to answer your Lordship's letters of July 11th, Aug. 3rd, Oct. 27th and Dec. 26th and March 22nd, 17 13/14. We have represented the case of John Fryday, as your Lordship had desired, upon which H.M. has been graciously pleased to pardon him, and we doubt not but that by this your Lordship will have receiv'd the signification of H.M. pleasure therein. We have consider'd what your Lordship writes in relation to the Regiment, and the defence of the Island, and upon the whole reported our opinion to H.M. (copy enclosed). H.M. has been pleased to order that the Regiment be broke, and two Independant Companies only to remain there, of one of which your Lordsp. is to have the command. We have under consideration what your Lordship has writ in relation to the proceedings of the Assembly, which we shall, as soon as we are able, lay before H.M. for Her pleasure thereupon, of which we shall not fail to give your Lordship notice. In the mean time we must acquaint your Lordship that we are glad to find the Council so unanimous in joyning with your Lordsp. in supporting H.M. prerogative against the unreasonable attempts of the Assembly; and think your Lordship did well in dissolving them. The Speaker refusing to give your Lordship the Minutes of Assembly which you are empower'd by your Commission under the Broad Seal to demand, and required to transmit home, is so great a breach of duty to H.M., that we shall not fail of representing it, as it deserves. As to the Assembly's pretence that the Council have no right to amend mony-bills; it is groundless, and will not be allowed of here. They only sit as an Assembly and are part of the Legislature, as is also the Council, by virtue of a clause in H.M. Commission to your Lordship, without which they cou'd not be elected and sit in Assembly, and consequently their assuming a pretended right no ways inherent in them, is a violation of the Constitution of Jamaica, and is derogatory to H.M. royal prerogative. If therefore upon your Lordship's acquainting them with what we now write. they should at any time insist upon that ill grounded pretence, your Lordship may inform them, that as they must not assume to themselves, the rights and privileges of the House of Commons of Great Britain; so such measures will be taken here, as may be effectual to assert H.M. undoubted prerogative in that Island. The Assembly's adjourning themselves without your leave, is another instance of their undutyfullness and disrespect to H.M., all which will be taken notice of, and proper remedies apply'd if your next letters do not inform us of their having come to a better temper. The laws, your Lordship mentions, are with Mr. Attorney General, and as soon as we have his opinion thereupon, we shall lay them before H.M. That your Lordship may know what we have done in relation to the escheated estate of Kupius, we send a copy of our representation, etc. P.S. We have represented to H.M. that Mr. Archbould be of the Council etc. We doubt not but your Lordship's agent will take care of sending H.M. Order to your Lordship, as soon as H.M. pleasure shall be declared therein. [C.O. 138, 14. pp. 133–136.]
June 21.
Inner Temple.
702. Sir Peter King to Mr. Popple. Requests that the hearing upon the Kingston Act, may be deferred till Thursday, he being retained for the inhabitants but unable to attend next day. Signed, P. King. Endorsed, Recd. 21st, Read 22nd June, 1714. Addressed. ½ p. [C.O. 137, 10. No. 53.]
June 21. 703. Earl of Orkney to [? Lord Guildford]. There being a vacancy now in the Councill of Jamaica, I taike the liberty to recomend to your Lop. and the other Lords Commissioners of Trade James Archbould brother in law to Col. Laws a man of very good interest and fortune in that countrey, and one who was formerly recomended to your Lops. by my brother as a fitting persone to be upon the Councill; I know noe way soe proper to enable my brother to support the Queen's prerogative (which I think has been very much attacked of late) but by strenthning him with proper persons in the Councill who will act in concert with him for that end. Signed, Orkney. Endorsed, Recd. Read June 21, 1714. Holograph. 1 p. [C.O. 137, 10. No. 52.]
June 22.
704. Governor Hart to the Council of Trade and Plantations. I wrote ye foregoing letter (June 14) to be ready for the first ship, wch. carrys this, but am since honord with yr. Lodsps. commands of ye 6th Aprill, etc. I intend to publish the Peace to-morrow wth. all due solemnity, etc. Signed, Jo. Hart. Endorsed, Recd. Read 9th Sept. 1714. 1 p. [C.O. 5, 717. No. 59; and 5, 727. pp. 438, 439.]
June 22.
705. Mr. Popple to Mr. Attorney General. Encloses for his opinion the petition of Sir Bibye Lake, etc. and the charter of the Massachusets Bay, the lands claimed seeming to be included in that charter. Desires answer to letter of the 10th instant as soon as possible. [C.O. 5, 913. p. 492.]
June 22.
706. Council of Trade and Plantations to the Queen. Recommend James Archbould for the Council of Jamaica in the room of Henry Lowe, decd. [C.O. 138, 14. p. 137.]
June 22.
707. Lt. Governor Moody to the Council of Trade and Plantations. I beg leave to acquaint your Lordships with my safe arrivall in Placentia with H.M. forces the 21st day of May: but the dangers wee mett with in our voyage by foggs, tempests, and ice, were so many and terrabale that I will not trouble your Lordships with an account of them, but of my haveing taken possession according to the Articles of Peace, of the fort, castle, and town of Placentia, and its dependances, the 5th day of June new stile. Since which time H.M. coulers have flown here, and according to commands etc. I have proclaimed the Peace here, by publickly causeing H.M. Proclamation to be read for that purpose, to which I gave due honours, by fireing the Ordinance, and beat of drums etc. The Harbour of Placentia is the securest and best I ever saw, and will hold in safety 200 sayle of ships in its basson, the beach is the largest and best, I dare say in the world to cure cod fish upon, and lies the most commodiously, haveing all other advantages necessary, rownd it for a great and profitable fishery that can be expected or desired, and some English has catched allready 200 quintalls for a boat in these parts; and not tenn quintalls for a boat has yett been catched in our old setlements, and it must be the foult of the English, if they doe not outdoe all the world in makeing the write use of the advantages and profitts of the most valluable fishery in it. But your Lordships being the best judges what may be the properest methods to make these advantages effectuall, and for improving them to the generall benifitt of trade, I shall therfore, only beg leave to offer my humble opinion herein, (which is this), that in case H.M. prerogative and authority is not fixed in these parts in a stronger manner upon the land, than they are in our old setlements, and some regular and constant authority and justice adminestered upon the spot, to those who use thess parts, both in peace, and warr, the reputation and advantages which is gained to Brittain by the cession of Placentia, and its dependances, will be very much lessened and impaired, as well as the generall safety and benefitts of trade and commerce. And the French cannot be forestalled by us in forraigne marketts in their saile of cod fish, but from this place. Professes his zeal, etc. Signed, J. Moody. Endorsed, Recd. 5th, Read 26th Augt., 1714. 1½ pp. [C.O. 194, 5. No. 49; and 195, 5. pp. 409–412.]
June 24. 708. Petty Expences of the Board of Trade, Lady Day to Midsummer, 1714. Stationer's Bill, and Post Office account, etc., Christmas to Midsummer. [C.O. 388, 76. Nos. 169–174.]
June 28.
Channele row.
709. Major Douglas to the Council of Trade and Plantations. Mr. Popple having inform'd me that the great hurry of more important affaires before your Lordships has hitherto prevented him from taking an oppertunity to offer some of the papers to your Lordships' consideration, which I brought from the Leeward Islands in December last, I humbly conceive it to be for H.M. service and according to my duty to have these papers read, etc. Signed, Walter Douglas. Endorsed, Recd. Read 29th June, 1714. 1 p. Enclosed,
709. i. List of papers relating to the Leeward Islands referred to in preceding. 1¾ pp. [C.O. 152, 10. Nos. 22, 22 i.; and (without enclosures) 153, 12. p. 130.]
June 28.
Channel Row.
710. Major Douglas to Mr. Popple. Encloses following, etc. Signed, Walter Douglas. Endorsed, Recd. 28th June, Read 15th July, 1714. Holograph. Addressed. ¾ p. Enclosed,
710. i. Address of the President, Council and Assembly of Montserrat to Governor Douglas. Return thanks for his care for the preservation of the Islands, and his endeavours to rescue them from their late distresses at the hands of the enemy; also for his help towards the speedy despatch of Richard Molineux and Anthony Ravell to solicit reparation for their losses from H.M. and pray for his assistance therein. Signed, Edward Parson, John Daly, Geo. Wyke, Bartho. Rees, Rd. Molineux, Geo. Liddell. Antho. Ravell, Spkr., William Finch, John Molineux, John Hartt, Joseph Sayer, Tho. Caines, William White. Same endorsement. 1 p. [C.O. 152, 10. Nos. 26, 26 i.; and (without enclosure) 153, 12. pp. 137, 138.]