America and West Indies: November 1712

Pages 85-102

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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November 1712

Nov. 1.
N. York.
126. Governor Hunter to Mr. Popple. What I have to add to my genll. letter to the board and would have you communicate to them is this. The Assembly since the writing of mine, in order to putt off or defeat the intention of their Lordps. contained in theirs to me, have in a hurry enter'd into some resolves for the payment of the officers of the Govt., by which they reduce all sellarys to the standard of their own conceit, and do not allow me for all the contingencys of Govt. and my sellary, so much as the sellary appointed me by H.M. amounts to, tho' they themselves know and allow that the single article of fireing and candales for the garrisons amounts to more then £400 per ann. But even for these summs in their resolves they neither have nor ever intend to give any other funds then the imaginary ones mention'd in my letter, and their members have already acquainted me with their design of breaking up in a day or two. And how farr their resolves are to be depended on, the treatment of the heirs of ye late Lord Lovelace will inform their Lorps. They have also voted an Address to the Queen for her orders to me to passe an Act establishing an Agent for them in Engld., which according to the purport of the rough draught I have secretly seen, amounts to this, that H.M. would be pleas'd to receive no representations of matters relating to her Province and the Govt. of it for the future, but such as shall be made by their Agent instructed by them or a Comittee of them to sitt at all times, excluding their Lorps., the Governour and Council of this province, as their Lorps. will also observe from the copie of the bill they formerly sent up for that purpose which I long agoe sent over to their Lorps. Signed, Ro. Hunter. Endorsed, Recd. Dec. 29, 1712, Read March 11th, 17 12/13. 2 pp. [C.O. 5, 1050. No. 60; and 5, 1123. pp. 84, 85.]
Nov. 1.
127. Governor Douglas to the Council of Trade and Plantations. I am but too sensible how much I must have sufferd in your Lordships' opinions, if entire credit has been given to some letters wrote from hence to private persons in England, and as I have been inform'd, have been read at your Lordships' board; my freinds have not been able to obtaine copyes, and thereby, to give me an oppertunity to answer to each particular. But I understand that the whole substance tends to charge me with amassing a prodigious fortune, by compounding with the murderers of General Park. If what your Lordships have heard were true, the people of this Island are of too quick and dareing a resentment to have endured it so long. If I had not sent home so many malefactors, where sure justice is like to overtake 'em; if I had not secured so many more, to except further direction from H.M.; if I had let any of 'em been acquitted upon a sham tryal, or by a partial jury here; I might have expected such usage from the friends of Mr. Park, and as the guilty persons expected a general impunity, the one side will never beleive that they have mercy shewn, nor the other, enough of blood drawn. I can't say, my Lords, that there has been no grounds, and a very little handle well managed by one's enimys, is enough to ruin so inconsiderable and freindless a man as myself. Mr. Britton, the Attorny General, pretending to have more influence and interest with me then he really had, in my absence from Antigua, without my knowledge or consent, enter'd into a treaty with the criminals, and took bills and bonds for £5000 or upwards, as I am told, to procure a general pardon, without any exception, but after the publication of the general pardon with such exceptions as I was instructed to make, the persons contracting exclaym'd against me for not performeing the bargain and promise that I never made; and those, who were disappointed of their general indemnity, pursue now my ruin. I did all I could to satisfy them. I disclaym'd all right or pretence to the securities, and caused an entry to be made of this in the Council books, which might serve in the nature of a General Release. I examined Mr. Britton and made him produce 'em, and burned 'em before witnesses, which your Lordships may observe in the Minutes of the Council. And all those transactions that have so much aspersed me, have not added sixpence to my fortune, and I can most truly say to your Lordships that if the malice of those persons prevails, I shall beggar myself and family, by my post, which as yet has not answer'd the charges of transporting and setling 'em here. Mr. Robert Cuningham of St. Christopher's has threaten'd to complain of me to your Lordships for haveing accepted of 100,000 lb. sugar from the Assembly, and for imprisoning him, and refuseing to bail him, for opposing that grant, as he pretends. Your Lordships will observe by the Minutes of the Councill of St. Christophers that the Assembly and Council first had it under their consideracon to provide an annual allowance, to accomodate me, when I visited this Island, but afterwards chang'd their resolution, and agreed to raise a sum at once to make an apartment for me, which might serve for the whole time of my Government. Sugars soe levyed are the worst that can be imagined, such dirty molossus, or soe moist, that a cask can't hold 'em, and never worth above 8s. per hundred. And I hope your Lordships won't think £400 (the value of the sugar mentioned) in this country where materials for building, labour, and furniture, are at such an excessive rate, to be an extraordinary computation to make a decent lodging. The cause of Mr. Cuningham's comitment will appear to your Lordships upon view of the Minutes of Councill to have been that upon several informations upon oath it appear'd to the Governor and Council, that he by his practices had disturbed the quiet and endanger'd the surprizing of H.M. Colony by the comon enemy, and was therefore comitted by order of the Governor and Council, and by the opinion of the said Council, bail was for that time denyed him. Upon which I departed from the Island, and left it to his choice to be try'd at St. Christophers or in Britain. All things look joyfull here upon the approach of peace, which wee eagerly hope will succeed the hapy cessation of armes. Signed, Walter Douglas. Endorsed, Recd. Feb. 12th, Read July 14th, 1713. 3 pp. [C.O. 152, 10. No. 3; and 153, 12. pp. 96–100.]
Nov. 5.
Charles Fort in St. Christophers.
128. Robert Cunynghame to the Council of Trade and Plantations. Repeats complaints and requests of Sept. 13, etc. On the 3rd inst. was General Sessions, which adjourned to the 24th. I have heard of no charge against me, etc. Were I a criminal, should long ago have been indicted, etc. It has bin given out that 'tis my fault I continue a prisoner, and that I may go hence when I please, for that nobody will stop me, as I was committed by General Douglas so I do expect by some lawfull authority to be discharged, least I meet with the like treatment as a young man of this Island named James Dixon, who being troublesome in his drink was confined upon one of the Militia Guards, where continuing some hours and that a brother of his came to see him, what induced him to it I cannot tell, but he bid the guard good night, and was going off with his brother, one of the guard, who was neither corporal nor sentry, takes his gun and shoots him doun, who after having languished some dayes dyed of the wound. Lt. Governor Lambert calls a court-martial, and brings the murderer to a tryal, the Court as ignorant as himself, acquits him as having done his duty, this I add to the charge I have given against the said Lt. Governor, etc. Signed, Ro. Cunynghame. Endorsed, Recd. 19th, Read 20th Jan., 17 12/13. 1¾ pp. [C.O. 152, 9. No. 151; and 153, 12. pp. 64, 65.]
Nov. 6.
129. Edward Perrie to Rowland and William Tryon. Refers to sailing of "three of Mr. Douglas his affidavit men, Lyndsey, Oglethorpe and George French, the first was formerly a servant to our Lt. General, who like an ungrateful villain is now made use of as a tool by our General, etc.; the second a broken rascally fellow that marryed the widow of Tempest Rogers (formerly a notorious pyrate) and has been one of the Marshal's men of this Island, and a person of a very scandalous life, an humble trout to our late deceased Parke, and a most obedient servant to all Douglas commands, and the third a notorious rank inveterate Irish papist; that is marryed to an old antiquated whore of the same stamp, and a fellow fit to receive any impressions to qualify him for the great errand they are now all going upon, which is to do our Lieutenant General's character all the injury they can and to wound poor Mr. Kerby, Mr. Mackinen and Col. Watkins in the most sensible parts etc. They are men of that infamous order, else they would never have sworn that my worthy freind Coll. William Thomas and I were the contrivers of Parke's death, when he was at that time and 14 months before in England and I at the same time and for 8 months before in Barbados, and each of us alike ignorant of that action, etc. God send us a good deliverance from this second monster of iniquity. We have neither of us done him any harm and purely because we will not fall in with his base abominable practices he makes use of these improbable falsities to asperse our characters," etc. Signed, Edwd. Perrie. Copy. 1¾ pp. [C.O. 152, 42. No. 92.]
[Nov. 6.] 130. Affidavit of Sir James del Castillo, knight, as to the money owed to Charles Knight etc. (v. Aug. 14, Nov. 7). Governor Sir W. Beeston at the instance of deponent and the merchants sent a ship of war several times to the then President and Governor of Panama, but could neither obtain the money nor that Portio should be sent to Jamaica to give satisfaction himself, etc. Signed, James del Castillo. Oct. 5th, 1709. Endorsed, Recd. Read Nov. 6, 1712. 5¾ pp. [C.O. 137, 9. No. 72.]
Nov. 6.
131. Governor Dudley to [? the Earl of Dartmouth]. Acknowledges letter of Aug. 21. I have made the Proclamation publick, etc. (v. Dec. 2). Signed, J. Dudley. 1 p. [C.O. 5, 898. No. 25.]
Nov. 7.
132. Council of Trade and Plantations to the Lord High Treasurer. Request payment of enclosed account of office expenses and salaries, Lady Day to Michaelnas, 1712. [C.O. 389, 37. pp. 52–64.]
Nov. 7.
133. Council of Trade and Plantations to the Queen. Report on the petition of Mr. Knights and other Jamaica merchants relating to a debt due to them from the Assiento (v. Aug. 14th). We find that the Spanish Ambassador represented to H.M. in 1690 that Don Nicholas Portio had made a contract with the then King of Spain for furnishing the Spanish West Indies with negroes, and that Sr. James del Castilio, Chief Agent of the said Portio at Jamaica, had contracted with the Royal African Company and other of your Majesty's subjects, for such negroes as they shou'd want, and therefore pray'd that H.M. wou'd give directions that such ships and persons as shou'd be imployed for buying such negroes shou'd receive protection at Jamaica [v. C.S.P. 1690, No. 760.] Refer to affidavits etc. given Aug. 14 and Nov. 6, supra. The greatest part of the money due to petitioners for negroes imported is said to be in possession of the President of Panama and the Governor of Carthagena. Propose that H.M. give instructions to her plenipotentiaries that they endeavour to procure satisfaction for petitioners, etc. [C.O. 138, 13. pp. 404–407.]
Nov. 7.
134. Lt. Governor and Council of Nevis to the Council of Trade and Plantations. Return thanks for bounty in aid and enclose list of sufferers resettled, as sworn before the Council, etc., "which wee hope may finde a kinde reception at your honourable Board, and be timely there to dissipate the doubts of many, that fear the meaning of the Act is, that the proof made here ought to be before your Lordships before Dec. 25th, if such be the meaning of the Act, and this doth not come in time, wee most humbly beseech your Lordships to interseed for us to that honourable House for some longer time to make proof, our distance from Great Brittain, and the uncertainty of winds and weather being such that some years wee receive no advice (especially in time of warr) in six months. Wee have been in every part of the list very exact, etc. Signed, Dan Smith, Richd. Abbott, J. Bevon, Aza. Pinney, Law. Brodbelt, Jno. Richardson, Jno. Butler. Endorsed, Recd. Read Jan. 14, 17 12/13. 2 pp. [C.O. 152, 9. No. 146; and 153, 12. pp. 56–58.]
Nov. 8.
Craven House.
135. Permit from the Lords Proprietors of Carolina to Thomas Carey, etc. Whereas Thomas Carey of Carolina merchant, Callingwood Ward of Carolina planter, Levy Trewit, Edmund Porter and Geo. Lumley with others did severally at the office of the Earl of Dartmouth enter into recognizances personally to appear before us the Lords Proprietors of Carolina when summon'd and were not to depart without leave and in the meantime to be of good behaviour, and whereas they did several times so appear, their petition to be discharged and permitted to return is granted, they having been detain'd above 14 months from their families in North Carolina, and there having been no accusation brought against them, etc. Signed, Carteret, M. Ashley, J. Colleton, J. Danson. [C.O. 5, 290. p. 57.]
[Nov. 10.] 136. Petition of Thomas Kirby, late of Antegoa, merchant, to the Queen. Petitioner continued and appeared publickly in Antegoa for five months after the arrival of the present Governor, and then embarked openly for Barbadoes intending to return by the first opportunity after he had done his business there. Before he could meet with passage he was apprehended by order of the Governor of said Island, and by his warrant Jan. 18 sent for Great Britain charged with high treason. In Easter term last a bill of indictment was found against him for rebellion and treason. Had petitioner been seized at Antegoa, he should have been furnished with sufficient proofs that he was so farr from being an adviser or promoter of the said rebellion, that he used his utmost endeavours to hinder the people from resorting to armes or violence and after they were gathered together in armes he did in most earnest manner beseech both Col. Park and them not to carry matters to these extremitys; that as soon as he came to the Governor's house he applyed himself intirely to prevent the effusion of blood and other barbaritys usually upon such occasions, and particularly did all the offices of humanity in his power to Coll. Parke who was wounded before petitioner came to the house. By your Majesty's general pardon issued at Antego Feb. 6th, petitioner humbly conceives the offences for which he stands indicted are fully pardoned and that he is not expected [= ? excepted] out of the same, but as yet it has been utterly impossible for him to gett the said pardon under the seal of the Leeward Islands, nor as his [=? he] is advised plead it in barr or discharge of the said indictmt. unless he shew the same to the Court under the Great Seal of Great Brittain. The apprehending petitioner at Barbadoes and unexampled hardships putt upon him in his transportation from thence to Great Britain made it impossible to come prepared for his tryal in this Kingdom, the master of the sloop being sworn not only to keep petitioner in irons during the voyage, but to destroy all letters and papers that should be found on board except such as were delivered to him by the Govr's. private secretary, who would not suffer petitioner to bring with him so much as a letter of credit, whereby petitioner unless relieved by your Majty. will be subjected to great disadvantages and inconvenience in his defence contrary to your Majesty's directions to the present Governor of the Leeward Islands ordering him to give due notice to such persons as he should think proper to send to England to be tryed for said offences, and all manner of assistance for bringing over their wittnesses. Prays H.M., in commiseration of petitioner's suffering in person and estate and of his wife and three small children whose bread intirely depends upon his life, to direct that he be admitted to bayle to stand his tryal in Antegoa, or to render the general pardon effectual. [C.O. 324, 32. pp. 180–183.]
Nov. 10.
Windsor Castle.
137. The Earl of Dartmouth to Mr. Attorney or Mr. Solicitor General. H.M. is graciously pleased to referr preceding and the affidavits annexed [v. Aug. 23.] to Mr. Attorney or Mr. Sollicitor Generall, who is to report his opinion what H.M. may legally and properly doe therein, etc. Signed, Dartmouth. [C.O. 324, 32. p. 184.]
Nov. 10–Dec. 24. 138. Affidavits, according to the prepared printed form, as to the resettlement of claimants for H.M. grant in aid of Nevis and St. Kitts. [C.O. 243, 6. pp. 1–307; and 243, 7. pp. 1–603.]
Nov. 10.
St. Christophers.
139. Robert Cunynghame to the Council of Trade and Plantations. The 7th inst. I received a letter from Lt. Governor Lambert, the substance of which was, that he was directed by the General to offer me my liberty if I please to give bail (or upon my own word) to answer my appearance when desired. My answer was, that I had my bail ready the day I was sent here (Charles Fort) and shall never flee from justice, etc., the issue of which was Lt. Holland on the 8th told me I was discharged, for which he showed me the Lt. Governor's order under hand, but antedated the 6th as his letter was. I told him I thanked neither General not Lt. Governor but a good and gracious Queen, and doubted not but H.M. would do me further justice. Returns thanks for his enlargement and prays that his complaints against General Douglas and Lt. Governor Lambert may be heard. Signed, Ro. Cunynghame. Endorsed, Recd. 19th, Read 20th Jan. 1712/13. 1¾ pp. [C.O. 152, 9. No. 152; and 153, 12. pp. 66, 67.]
Nov. 12.
140. Mr. Popple to Mr. Attorney and Mr. Solicitor General Encloses for their opinion the petition of Thomas Simpson and Widow Gandy (v. March 8th). [C.O. 138, 13. pp. 408, 409.]
[Nov. 18.] 141. Gilbert Pepper and Evelyn his wife, sister unto Daniell Parke Esq., decd., to the Council of Trade and Plantations. Thomas Kerby stands indicted in the Queen's Bench for the rebellion in Antigua and the murder of Governor Parke. He pretends to be included in H.M. pardon to the inhabitants, tho' in truth he is expressly excepted thereout as being fled from justice. Pray for copy of Governor Lowther's letter referring to him. Endorsed, Recd. Read Aug. 18, 1712. 1 p. [C.O. 152, 9. No. 138.]
Nov. 19.
142. Mr. Popple to Mr. Attorney General. Encloses Act past in St. Christophers, 1712, for settling the estates and titles of the inhabitants, etc., for his opinion in point of law, etc. [C.O. 153, 12. pp. 43, 44.]
Nov. 20.
143. Council of Trade and Plantations to the Earl of Dartmouth. Enclose following to be laid before the Queen.
143. i. Report upon the petition of Alexander Skene. Recommend that Governor Lowther be ordered to restore him to his several patent and the enjoyment of all fees etc. thereto belonging. Skene is entitled to all fees that have accrued since his suspension. Propose that if any Patent Officer be suspended in the future, the persons appointed to execute the place, give sufficient security to the party suspended to be answerable to him for the profits accruing during such suspension, in case he be restored. Set out, A.P.C. II. pp. 660–663. [C.O. 29, 12. pp. 443–449.]
Nov. 20.
144. Edward Lloyd, President of the Council of Maryland, to [?the Earl of Dartmouth]. I had the honour to receive your Lordships of Aug. 21st with H.M. royal proclamation notifying the suspension of arms agreed on betwixt her and the most Christian King, which was forwarded to me by the care of Col. Spotswood from Virginia, and as your Lordp. is pleased to observe, commerce being the cheife concerne of this Province, I have caus'd H.M. said Proclamation to be published here with all possible solemnity. I observe H.M. commands signifyed by your Lordp. forbidding any of her subjects to be hereafter sent prisoners from the plantations to Great Britain, unless sufficient proof of their crimes be sent with them at the same tyme, and as I know of none that have ever been sent from this Province, shall take care, whilst I have the honour to preside in H.M. Councill here, to yeild strict obedience thereto. I herewith transmitt Acts of Journalls of the last session, etc. And as wee have presumed to address H.M. on this happy occasion of the suspension of arms and the pleasant prospect of an ensuing peace (which I doubt not but her tender affection for her people assisted with so prudent a good Ministry will procure for all her subjects) I am desired by the Councill and Assembly humbly to begg your Lordship will be favourably pleased to present the said Address (No. 145 ii.) to her sacred hands, etc. Signed, Edwd. Lloyd. 1⅓ pp. Enclosed,
144. i. Journal of House of Delegates of Maryland Oct. 28—Nov. 15, 1712. 110 pp.
144. ii. Journal of Committee of Accompts, Maryland, Oct. 29—Nov. 11, 1712. 30 pp.
144. iii. Journal of Council in Assembly of Maryland Oct. 29—Nov. 15, 1712. 33 pp.
144. iv. Copy of an Act of Maryland, Nov. 1712, against stricking or shooting sundry sorts of fish, etc. 2 pp. [C.O. 5, 720. Nos. 18, 18 i.-iv.]
Nov. 20.
145. Edward Lloyd to the Council of Trade and Plantations. Refers to letter of July 15 and enclosures. The meane circumstances the country is still in by the small value of tobaccos, their only staple commodity, occasioned their representatives to be very pressing upon me and H.M. Councill to consent to the passing the Act for relieving the inhabitants of this Province from some aggrievances in the prosecution of suits at law. Upon mature consideration whereof I was very tender of lessening the jurisdiction of the Provincial Court, but it being by H.M. Councill as well as the Delegates thought absolutely necessary for the peace and wellfare of the Province (to ease many unfortunate people who are often brought from the remotest parts of the Province to the Provincial Court to their utter ruin as well as loss of their creditors, might prosecute with less charge and to better effect in the County Courts, where the debtors if not able themselves are likelyer to procure friends to assist them to pay their debts) I was prevayled with to assent thereto untill the next session after the arrivall of ye next Capt. Generall or Governor in Cheife, who may be more fully instructed in H.M. good pleasure. And hope in the meane tyme the short continuance thereof will be of no ill consequence. It being represented by the Delegates that a law for regulating writts of error and granting appeals from and to the Courts of Common Law in this province was absolutely necessary to regulate the practice on such writts of error and appeals, the Assembly have made such a law, and I have taken care it should not be clogg'd with any contradictory clauses relating to the Court of Chancery or Keeper of ye Seale. Several other Acts now sent being of no great consequence, but pray'd by the delegates, the Councill advis'd me to assent to them, and I hope they will meete yr. Lordps.' approbation, etc. Signed, Edwd. Lloyd. Endorsed, Recd. June 18, Read July 13, 1713. 2 pp. Enclosed,
145. i. Duplicate of No. 144.
145. ii. Copy of Address of President, Council and Assembly of Maryland to the Queen. Return thanks for H.M. protection and speedy transmission of Proclamation of Peace, and congratulate Her upon the terms of peace, " putting an end to a war which has so farr affected us, that most of us are miserably improverished and many quite ruined," etc. Signed, Edwd. Lloyd, Wm. Holland, Saml. Young, Rd. Tilghman, Jno. Dorsey, Tho. Addison, Wm. Whittington, Phile. Lloyd, Tho. Granfeild, Ch. Greenberry, Jno. Hall. R. Ungle (speaker), D. Pearce, Edwd. Scott, S. Codd, Richd. Jones, Junr., Amos Garrettey, Joseph Hill, Ch. Hammond, Tho. Docwra, D. Mariarte, Jno. Mackall, Jno. Leach, Jno. Brome, James Mackall, T. Truman Greenfeild, H. Percy Jowles, Wm. Watts, Kenll. Chifeldme, Phill. Hoskins, Walter Storis, John Fendall, Tho. Robins, M. Warele, James Lloyd, Wm. Whittington, Jn. Parnell, Tho. Parnell, Roger Woollford, Henry Gunnall, G. Loockerman, H. Tripp, Saml. Northington, Jam. Frisby, Robt. Tyler, Tho. Sprigg, Tho. Clagett, Tho. Brooke, junr., Cha. Wright, Jno. Wells, Jno. Whittington, Sol. Wright. Same endorsement. 2¾ pp.
145. iii. Duplicate of No. 144 iii.
145. iv. Account of arms etc. in Maryland 1708—Sept. 1710, taken by Col. Robert Finley, Commissary General. Same endorsement. Parchment. 1 large p. [C.O. 5, 717. Nos. 52, 52 i.–iv.; and (without enclosures) 5, 727. pp. 329–332.]
[Nov. 20.] 146. Copies of Acts of Maryland referred to in preceding. 50 pp. [C.O. 5, 721. No. 13.]
Nov. 21.
147. The Earl of Dartmouth to the Council of Trade and Plantations. H.M. having thought fit to appoint Henry Pulleyn Esq., to be Governor of her Island of Bermuda in the room of Benjamin Bennet Esq.; I desire you will order a draught to be prepared as usual of such a Commission and Instructions as are proper, etc. Signed, Dartmouth. Endorsed, Recd. Nov. 24, Read Dec. 22, 1712. 1 p. [C.O. 37, 9. No. 24; and 38, 7. p. 38.]
Nov. 22.
148. Governor Lord A. Hamilton to the Earl of Dartmouth. Acknowledges letter of Aug. 21st by the Blandford "which arrived here Oct. 24th, and Rear Admirall Walker being then in town, I immediately communicated to him that part relating to the Truce and ye encouragement of commerce, and proposed the sending up a friggatt to Petit Guavas, which might carry about 100 prisoners we had at that time, and which I thought would be a good occasion to assure ye French Governour of our disposition strictly to observe ye truce, and to desire ye release of such prisoners as he had of ours on such terms as should be reasonable, and by this means to receive from him reciprocall assurances of their observance of ye truce on their part. The Admirall made no difficulty in agreeing to send up a friggatt, but told me, one should be gott ready with all expedition, of which I should have notice, and in a friendly manner he took his leave and left this town. I accordingly prepar'd such dispatches as I thought necessary upon ye occasion, but conceiving that the exchange of prisoners, as well as some overtures of trade between the two Islands, as soon as ye peace should be proclaim'd, might be better managed by a proper person to be sent than wholly by letter, and ye Capt. who commanded ye friggatt which was to go not having thought fit to let me see him on ye occasion, I determined to send one Mr. Basnett, an eminent merchant of this Island, and accordingly deliver'd him my letter to ye Governor of Petit-Guavas with instructions in relation to ye prisoners, and a private letter in respect of trade, and gave him likewise a letter to Capt. Hosier, Commander of ye friggatt (enclosed) and order'd Mr. Basnett before he went to waite on ye Admirall to acquaint him thereof, who accordingly did. But, my Lord, to my great surprize Mr. Basnett when I thought he had been gon, return'd again with my letters and instructions, and a letter from Capt. Hosier, acquainting me that he could not receive Mr. Basnett on board, and ye friggatt sail'd with ye prisoners, without any letter or instructions from me in relation to them, and which being in my humble opinion an obstruction to H.M. service I thought myself oblidg'd to resent, and having communicated ye whole matter to ye Councell here, and this giving occasion to them, and the Assembly then sitting to look into other matters, relating to ye Admirall's conduct here, they both allmost unanimous have presented me with the two Addresses enclosed. I can assure your Lops. there is not anything contain'd in these Addresses but what has been prov'd beyond controversy, and that many things of like nature are omitted which might have been added, and many particulars are upon the Minutes which would be too much to trouble your Lopp. with. But as for many reasons I have thought proper (and more especially from some expressions faln from Admirll. Walker himself of his own dependance upon my Ld. Treasurer) to reffer this whole matter to him, I have determin'd to submitt ye same with ye greatest deference to his Lop., to whom I have sent all the particulars in relation to this affair, and tho' I could not acquit myself without giving your Lop. a particular account of all that I had done in pursuance of your Lop.'s commands, yet I will humbly begg ye favour of you to let all differences which on my side have been unavoidable, with Admirall Walker be husht or laid before H.M., as my Ld. Treasurer shall think fit to direct." Refers to case of David Creagh. The Assembly as they began with a dutyfull address to H.M., so they have gon on to everything that has been desir'd of them for the support of the Government. Signed, A. Hamilton. 2¾ pp. Enclosed,
148. i. Duplicate of preceding, dated Nov. 23.
148. ii. Governor Lord A. Hamilton to the Governor of Petit Guavas. - Announces the truce and offers exchange of prisoners, etc. Signed, A. Hamilton, Jamaica, Nov. 3, 1712. Copy. 1½ pp.
148. iii. Governor Lord A. Hamilton's instructions to Richard Basnett relating to the exchange of prisoners. Signed, A. Hamilton, Nov. 3, 1712. Copy. 1 p.
148. iv. Governor Lord A. Hamilton to the Governor of Petit Guavas. Introduces Mr. Basnett who will be able to concert with the French merchants measures for opening trade at the conclusion of the Peace, etc. Signed, A. Hamilton, Jamaica, Nov. 3, 1712. Copy. French. 1¾ pp.
148. v. Governor Lord A. Hamilton to Capt. Hosier. St. Jago de la Vega, Nov. 3, 1712. Requests him to receive Mr. Basnett aboard his ship. He is to negotiate the exchange of prisoners with the Governor of Petit Guavas, etc. Signed, A. Hamilton. Copy. ¾ p.
148. vi. Capt. Hosier to Governor Lord A. Hamilton. Salisbury, Nov. 4th, 1712. I cannot take Mr. Basnett on board without the Admirall's orders, having his commands how to proceed as to the exchange of prisoners, etc. Signed, F. Hosier. Copy. ¾ p.
148. vii. Duplicate of No. v.
148. viii. Duplicate of No. iii.
148. ix. Duplicate of No. vi.
148. x. Duplicate of No. ii.
148. xi. Duplicate of No. iv.
148. xii. Address of the Council and Assembly of Jamaica to Governor Lord A. Hamilton, Nov. 8, 1712. We return our most hearty thanks to your Excelly. for imparting to us the affront offer'd to you by Rear Admll. Walker (as supra), as also ye unkind and unhandsom expressions made use of by him both in regard to your Excelly. and ye people of this Island. We are sensible that your Excellency had taken all prudent and necessary measures for H.M. service and ye encouragemt. of trade in this Island in this conjuncture, etc. We have had undeniable proof of severall transactions of ye sd. Admirall and some officers under his command, which we humbly conceive to be noways warrantable by the power and authority he derives from H.M. or the Lds. of the Admiralty, and inconsistent with ye undoubted rights and privilidges of the subject, and the prosperity of trade. Amongst these what is of ye greatest concern to us is to find that he has given encouragement to some of his officers not only to take off the seafaring men of the Island, but even the civil officers in the discharge of their duty, threatening to send others to Great Britttane, exempting himself and officers by extravagant positions from the power of ye law here, to ye oppression of ye inhabitants of this Island. Besides which the sd. Admirall Walker has permitted H.M. ships under his command to carry negroes and other merchdze. to trade, which practise (as we humbly conceive it to be contrary to H.M. Instructions to ye Commanders of Her ships of warr) so it must, if established, be ye ruin of all merchant traders, etc. We share in resentment of the Admirall's affronts to H.M. authority in your Lordship's person, and begg your Excellency to make representation to H.M. of these our manifold greviances, etc. Signed, Wm. Cockburn, Cl. Cons., Wm. Brodrick, Speaker. Copy. 2¼ pp.
148. xiii. Duplicate of No. xii.
148. xiv. Address of the Council and Assembly of Jamaica to Governor Lord A. Hamilton, Nov. 12, 1712. The confidence your Excellency has shewn in communicating to us ye private letters you had writ to ye French Governour and ye secret instructions to Mr. Basnett, etc., has laid an indispensable obligation upon us to assure you that it has sufficiently appeared to us that the Admirall has been misinformed of your Excellency's intentions in respect to trade and that your Excellency nor any other person with your privity had designed any other trade then what was for the generall good of H.M. subjects. Your Excellency having objected to ye men of warrs being concerned to carry goods or receive indico on board whereby to save the duty wee humbly apprehend to have been one cause of offence to them, and wee are humbly of opinion that such offers of trade as your Excellency had made to the French Governour were beneficiall and necessary to be made before ye Peace was concluded least other nations should take the advantage, and wee humbly desire that your Excellency will make such overtures for the incouragement of commerce as soon as ye Peace shall be published as your Excellency had intended. Signed as preceding. Copy. 1½ pp.
148. xv. Duplicate of preceding. [C.O. 137. 51. Nos. 66, 67, 66 i.-xiv.]
Nov. 22.
149. Governor Lord A. Hamilton to the Council of Trade and Plantations. The Assembly mett as I acquainted your Lopps. was intended, etc. The late hurricane having done a good deal of damage to publick buildings, and the sending out spy-boats and other publick service in time of martiall law having occasion'd a further extraordinary expence, I found myself again oblidged to desire a reimbursement of ye Revenue and have obtain'd another appropriation of £2000. All other necessary funds have been provided for and they have past two Acts for the service of the country, both which your Lopps. will perceive carry a good intention and I think cannot fail of H.M. approbation. I have herewith sent your Lopps. the Journalls of ye Councell and Assembly together with the transcripts of ye four Acts past this session, and at the desire of the Assembly I have likewise sent transcripts of some Acts past the last session under ye Governmt. of my predecessour, which they have had advice were sent to your Lopps. without ye seal of ye Island. My Lords, this advice was communicated to them by Mr. Peter Beckford in two paragraphs of letters which he had recd. from Mr. Whitgift Aylmer, and which being a little extraordinary in their kind I have here inclos'd. The Councell were indeed of opinion that ye whole letters ought to be seen and made an order accordingly. But Mr. Beckford being gon to Leeward they have not yet had an opportunity. These paragraphs were shewn to ye Assembly by Mr. Peter Beckford as containing matters of very great greviance, and aggravated wth. all ye force he could give them to make impressions of ye neglect of ye affairs of this Island in Great Brittaine, and as this gentleman with one or two more have signalized themselves more particularly this session in opposition even to the Address to H.M., and everything else which was propos'd and has been done for ye support of ye Governt. I think myself oblidged to be particular concerning them in my account to your Lopps. The style in which these paragraphs of letters are wrote I think my Lords sufficiently denote Mr. Aylmer to be ill dispos'd towards the Governmt., wch. will the more appear to your Lopps. when you observe that ye humble representation he mentions to have proposed for ye misfortunes (he says) this Island labours under in respect to the want of forwarding ye possession Act, is mentioned upon the 30th of December; when I myself had particularly recommended that Act; and had ye honour of your Lopps.' letter of Nov. 22nd immediately before acquainting me that it, and ye Act of fees, were under consideration, wch. I communicated to ye Assembly upon this occasion, and when by computation of time ye Act itself could not at that time have been arrived a month, which and the memoriall afterwards mentioned in the letter of May 22nd to be fram'd out of what information was to be given by Mr. Beckford from hence, without any application ever made to me by either of them, or any (as I suppose) to your Lopps. discovers a correspondence that in my humble opinion is prejudiciall to H.M. service, and therefore I make no doubt but ye persons concern'd in it will meet with your Lopps.' discountenance. But my Lords you will observe upon ye Journalls of Councell and Assembly a matter of much greater importance than this has happen'd this sessions, and which forc't me with much reluctancy to an open difference wth. RearAdmirall Walker. Your Lopps. will see there what has been the occasion and what ye result, and I assure your Lopps. there is not anything mention'd in the Address to me, or in any of ye resolutions of the Councel and Assembly, but what have been unquestionably prov'd, on the contrary many things of like nature have been omitted which might have been added. But as I myself (tho' personally in many instances affronted) as I have ye honour to be Governour of this Island, shall allways preferr H.M. service to any private resentmt. and as I have been unwillingly forc't to complain, so I have submitted ye whole matter with the greatest deference to my Lord Treasurer and have given him a full account of all particulars wch. I thought most material and which being mostly contained in ye Journalls of ye Councell and Assembly I need not here repeat. But as I think I may venture to conclude yt. Admirall Walker has acted with very great indiscretion, so nothing has more surprized me than to have found particular friendships and intimacys made by him with Mr. Beckford, Mr. Totterdale and Mr. Carver, during ye whole time of this Assembly, who have been ye only men who have oppos'd all measures for ye support of ye Governmt., and who were ye onely men wth. one Mr. Pugh of no great consequence, who were against ye Address in relation to him, and ye same who were against the Address to ye Queen, and therefore my Lords it's pretty naturall for me to conclude that their opposition to me has recomended them to him, and may not unlikely have contributed to his own miscarriages. But to give your Lopps. instances of these men with regard to the Queen's service, you will find upon ye Journall when the Address was under deliberation to congratulate H.M. upon ye prospect of ye Peace, Mr. Carver had ye insolence to say at a conference he was not for such flatterys and false shams to ye Queen, etc., and your Lopps. will see ye reason upon ye Journall why he was not expell'd for it, as also ye occasion upon which Mr. Totterdale was expelled, tho' of this gent. and Mr. Beckfords I might reffer your Lopps. to ye accots. given of them by my predecessour, and which I find by experience he had but too much reason for. Yet I must not omitt acquainting you that ye younger Beckford just at ye close of ye Assembly, had like to have murdered Mr. Tho. Wood (who had given some testimony at a Committee of ye House upon their requireing itt, and wch. it seems, Mr. Beckford did not like) which was complained of to me in ye Councell, and for which I imediately sent for Mr. Beckford, where before us all he own'd ye matter charg'd upon him, and with very indecent carriage justifyed it as a matter of gallantry. Whereupon by ye unanimous advice of the Councell, I oblidg'd him to enter into recognizance before ye Cheif Justice, wth. securitys for his good behaviour, and yet ye next morning not without very ill manners, he came to tell me yt. there was no law for ordering a man to be bound over unless somebody had sworn ye peace against him and for this he would complain in England and desire justice there. My Lords, I should think myself too long detaining your Lopps. upon these particular persons but upon such kind of transactions, I hope your Lopps. will allow it material and whilest, I think I may say, I am generally possesst of the goodwill of this country, as what your Lopps. will now see done may be an argument of, and yt. ye inhabitants of this Island are generally well dispos'd for H.M. service, and ye honour and support of ye Governmt., your Lopps. will please to favour me with your advice, what kind of discouragement is fitt to be given to such incendiarys, that under ye clemency of a Governmt. it may not at any time be in the power of two or three persons to disturb ye quiet of it, and I find encouragemt. will not do with all tempers, for I had put all these persons into ye Commission of ye Peace, and shewn them an equal countenance to any others, but to no purpose. I must begg your Lopps. for the satisfaction of the generallity of ye Island to forward ye bills transmitted, and particularly the bill of fees, and quieting possessions, which are allways made use of for a handle to raise discontent, tho' I have told them the Island can thereby receive no inconveniency, they having the full enjoyment of bills till they are rejected by H.M. Amongst those of a former session supposed to have been sent without ye seal is ye bill for separateing publick offices concerning which I took ye liberty in my letter of March 8th to give your Lopps. my thoughts, and to propose ye disapprobation of it. I think if what I said to it, had any weight it will not have less now than at that time, but rather more. However as I shall allways deal ingenuously by your Lopps., I shall observe to you what has since happen'd and what I find to be the main drift of this Act. Your Lopps. will see in the Minutes of ye Assembly a message to me and the Councell in relation to Mr. Rigby's executing ye Secretary's office, whilest another executes ye Provost Marshall's of which he is pattentee which Mr. Beckford and Mr. Totterdale clamour at, as being contrary to this Act. I find the opinions are different whether it's so, or not, and those for Mr. Rigby, say, that he executes but one office which the Act was made to provide against and he acts as Secretary, and Mr. Nicholls as Provost Marshall by appointment of ye Government, and that ye country are only concern'd in ye execution (which are entirely, and to all intents and purposes seperated) and that ye proviso in ye Act still warrants a deputation by any pattentee, who has a right to depute. Whether this be a right way of argueing or not I won't determine. But I will venture to tell your Lopps. If this Act don't get Mr. Rigby out of that office it won't content those gentlemen (and I believe everybody else will be contented as it is) and this for no other reason that I can tell, but because Mr. Rigby is usefull to ye Governmt. and has capacity as well as inclinations to serve ye Queen, wch. I think with submission ought to be a requisite in persons who enjoy offices of H.M. gift, and your Lopps. may please in this gent's favour to observe that whilest they are aiming at him, they have not been able to charge him with ye least miscarriage but must, to their own shame, confess that he executes ye office with better ability than it usually has been done, and therefore, my Lords, in my humble opinion I think it will be for H.M. service, and ye service of ye Island that he be continued in it. I herewith send your Lopps. ye last accots. etc., and also a state of ye matter concerning an instruction relating to escheats, which I must begg ye favour of your Lopps. to lay before my Lord Treasurer, and which I therefore mention'd to him in my letter to him, and I hope your Lopps. for the concern (you will remark) it is of this Government, will take ye trouble of forwarding some determination in it, as shall appear most reasonable and necessary to my Lord Treasurer to make. If the peace be actually or likely to be concluded your Lopps. will also take into consideration what I wrote you in my last concerning some Indipendent Companys to be kept here, and which I hope will be thought requisite for ye reasons I there mention'd. But I have omitted one particular I think necessary to acquaint your Lopps. upon ye subject of ye escheats, and that is with respect to one upon ye list, which your Lopps. will observe much more considerable than any of the others, and is in possession of Mr. Anthony Swimer, who married ye mother of Mrs. Kuping, and by that means having long enjoy'd the esta. partly in right of his wife (now deceas'd) and partly by lease under Mrs. Williamina Kuping ye daughter, who died seiz'd without heirs; a good number of ye slaves upon the plantation are of his own purchase, and all ye children born in it belong to him, so yt. if he had been put out of the possession of it, a great many of ye slaves would have been taken away and their familys divided, and being a sugar work without a possessor to look after it would very shortly have gon to ruine, and I have therefore promised ye grant to him, to which I have been farther induc't by his having been remarkably zealous in promoting H.M. service in this Island, (ever since my entrance upon ye Governmt.), which I make no question will in your Lopps.' judgment, as well as mine, be ye best recommendation to H.M. favour; and Mr. Swymer is able to give good security for ye payment of ye vallue into ye Treasury according to ye Act. Your Lopps. will perceive by the state of the case, that it is impossible for me to acquaint you of every particular person to whom it may be adviseable to grant ye rest. Signed, A. Hamilton. Endorsed, Recd. Jan. 16th, Read July 17th, 1713. 7 pp. Enclosed,
149. i. Address of the Council and Assembly of Jamaica to Governor Lord A. Hamilton, Nov. 12, 1712. The confidence your Excellency has shewn in communicating to us the private letter you had writt to the French Governour and the secrett instruccons you had given to Mr. Basnett in relacon to trade, together with Admirall Walker's letter, and a copy of Capt. Jackson's to him, has laid an indispensable obligation upon us to assure you that it has sufficiently appeared to us that the Admirall has been misinformed of your Excellency's intentions in respect to trade, and that your Excellency nor any other person with your privity had designed any other trade than what was for the generall good of H.M. subjects. Your Excellency having objected to the men of warrs being concern'd to carry goods or receive indigo on board whereby to save the duty wee humbly apprehend to have been one cause of offence to them, and wee are humbly of opinion that such offers of trade as your Excellency had made to the French Governour were for many reasons beneficiall and necessary to be made before the peace was concluded least other nations should take the advantage. And wee humbly desire that your Excellency will proceed to make such overtures for the encouragement of commerce as soon as the peace shall be published as your Excellency had intended. Signed, Will. Cockburne, Cl. Councill, Wm. Brodrick, Speaker. H.E. returned thanks, etc. same endorsement. Copy. 1 large p.
149. ii. Address of the Council and Assembly of Jamaica to Governor Lord A. Hamilton, Nov. 8, 1712. Wee return our most hearty thanks to your Excellency for imparting to us ye affront offer'd to you by Rear Admirall Walker in giveing directions to ye Capt. of ye Salisbury not to receive Mr. Basnett on board with your Excellency's dispatches for Petit Guavas, as also ye unkind and unhandsome expressions made use of by ye said Admirall both in regard to your Excellency and the people of this Island. Wee are very sencible that your Excellency had taken all prudent and necessary measures for H.M. service and ye incouragemt. of ye trade of this Island in this conjuncture, etc. We have had undeniable proofs of severall transaccons of Admirall Walker and some officers under his command which we humbly conceive to be no wayes warrantable by ye powers and authoritys he derives from H.M. or the Lords of ye Admiralty and inconsistent with ye undoubted rights and libertyes of ye subject and ye prosperity of trade. Amongst these what is of greatest concern to us is to find that he has given encouragement, to some of his officers not only to take ye seafaring men of ye Island but even ye civill officers in ye discharge of their duty, threat'ning to send others to Great Britain, etc. He has permitted H.M. ships to carry negroes and other merchandize to trade, which practice we conceive to be contrary to H.M. instructions and (if established) must be ye ruin of all merchant traders, etc. Pray H.E. to represent to H.M. accordingly. H.E. returned thanks, etc. Signed and endorsed as preceding. Copy. 1 p.
149. iii. Extract from two letters (? from Whitgift Aylmer) to Peter Beckford (v. covering letter, supra) (a) London, Dec. 30, 1711. 'Tis evident to all impartiall men, yt have ye least knowledge of ye transactions of ye affairs of ye Island, that ye transmitting ye bill of fees here without ye Island's seal is such a mistake as ye world will comment upon, and it's very surprizing that all ye bills should not be seald together, etc. (b) None will stir to forward ye passing of ye Possession Act, etc. London, May 22, 1712. I hope to frame a good memorial etc. Same endorsement. Copy. ½ p.
149. iv. An account of escheats in Jamaica. Same endorsement. 8½ pp.
149. v.–ix. Accounts of H.M. revenue, wine licences, quitrents, fines, forfeitures, escheats, impost, fortifications, etc., Jamaica, March 25—Sept. 29, 1712. The whole endorsed as preceding. 16 pp. [C.O. 137, 10. Nos. 10, 10 i.–ix.; and (without enclosures) 138, 13. pp. 483–496.]
Nov. 24. 150. Order of Queen in Council. Approving representation of Nov. 20th, and ordering the Governor of Barbados to restore Mr. Skene, etc. [C.O. 28, 14. No. 36; and 29, 13. pp. 172–174.]
Nov. 25.
151. Council of Trade and Plantations to the Queen. Reply to July 28, upon the case of Mr. Poyer. Recommend as proposed by the Society for propagating the Gospel. (v. July 28, and A.P.C. II. No. 1168). [C.O. 5, 1123. pp. 60–62.]
Nov. 26.
152. The Earl of Dartmouth to the Council of Trade and Plantations. Encloses Mr. Strahan's memorial (v. Oct. 16) for their report thereon. Signed, Dartmouth. Endorsed, Recd. Read Nov. 27, 1712. 1 p. Enclosed,
152. i., ii. Duplicates of Nos. 100, 100 i. [C.O. 5, 1050. Nos. 54, 54 i., ii.; and (covering letter and enclosure i. only) 5, 1123. pp. 63–65.]