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.
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.]
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.]
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.]
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.
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.
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.]
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.]
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.]
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.]
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.]
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.]
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,
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.]
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.]
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.]
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.]
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.
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.]
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.
146. Copies of Acts of Maryland referred to in preceding.
50 pp. [C.O. 5, 721. No. 13.]
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.
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.
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.
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.]
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.]
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.]
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.]
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.]