340. Lt. Governor Doucett to the Council of Trade and
Plantations. Encloses following. Signed, John Doucett. Endorsed, Recd., Read 22nd May, 1718. 1 p. Enclosed,
340. i. Address of Officers, soldiers and inhabitants of Annapolis Royal. Congratulate H.M. on his victory over
the "fomenters of the late horrid and unnaturall
rebellion" etc. "Your mild and unparrall'd administration can only proceed from yor. Majesty's inate goodness" etc. Return thanks for sending them Lt. Governor
Doucett etc. [C.O. 217, 2. Nos. 48, 48 i.; and 218, 1,
Custom ho., London.
341. Mr. Carkesse to Mr. Popple. In reply to 6th Dec.,
encloses Naval Officers' accounts from Boston, Salem and
Marblehead, 1714–1717 etc. Signed, Cha. Carkesse. Endorsed,
Recd. 1st Feb., Read 15th Oct., 1718. Addressed. 1 p. [C.O.
5, 867. No. 16; and 5, 915. pp. 220, 221.]
342. Order of King in Council. Referring following to the
Council of Trade and Plantations, who are to take Mr. Attorney
and Sollicitor Generall's opinions thereupon, and report the
same to this Board, together with what their Lordps. conceive
H.M. may fitly doe therein. Signed, Robert Hales. Endorsed,
Recd., Read 5th Feb., 1717/18. 1 p. Enclosed,
342. i. Petition of William Byrd to the King. The Judges of
the General Court in Virginia have from the first settlement of that Colony had the sole cognizance of all
criminall causes, except in some very few extraordinary
instances, which jurisdiction was granted to them by
letters patents, and confirmed by sundry acts of Assembly.
Her late Majesty by her Instruction appointed two
Courts of Oyer and Terminer to be held on the 2nd
Tuesday in June and Dec. Which Instruction was
sent with the gracious intention, that persons accused
of any crime might be brought to a more speedy tryall:
But whereas the Governor is by that Instruction enabled
to appoint in the said Courts, what Judges he pleases
without the advice of your Majestys Councill, whereby
he will have the lives, the libertys, and estates of all
your Majtys. good subjects in that Colony intirely in
his power, and be able to defeat the settled jurisdiction
of your Majtys. said Genl. Court, whenever he shall
think fit, prays that by H.M. Instruction the Judges
of the General Court may be appointed the Justices of
the said Courts of Oyer and Terminer, except in cases
of an extraordinary nature, etc. Copy. 1½ pp.|
342. ii. Reasons why the Governor of Virginia shou'd not be
impower'd to appoint what Justices he pleases etc.
1 p. [C.O. 5, 1318. Nos. 43, 43 i., ii.; and (without
enclosures) 5, 1365. pp. 47, 48.]|
343. Council of Trade and Plantations to the King. Having
lately had occasion to look into some of the old laws of Virginia,
we find two still in force which we humbly conceive to be of
very ill consequence, and having had the opinion of your Majesty's
Attorney General thereupon, we humbly take leave to represent
that the 1st is an Act prohibiting the unlawful assembling of
Quakers, etc. Described as Dec. 28th, 1717. Continue:—Upon which we beg leave to observe that shou'd this Act be put
in execution it wou'd prove very injurious to that Colony by
banishing from thence great numbers of industrious inhabitants,
and an exemption from the like penalties being allow'd to Quakers
in England by an Act pass'd in the first year of K. Wm. and
Mary etc., We therefore humbly offer that your Majesty be pleas'd
to signify your disapprobation and disallowance of the said
Act of Virga. The other is an Act concerning foreign debts
etc. (v. Dec. 28, 1717), which we humbly conceive unjust in
itself and a hardship upon your Majesty's subjects here. And
this Act having been several times pleaded as we have been
inform'd in the Courts there in bar of very just actions, we
humbly offer that your Majesty be likewise pleas'd to signify
your disallowance of the said Act. [C.O. 5, 1365. pp. 44–47.]
344. Council of Trade and Plantations to Governor Hunter.
Abstract. Acknowledge letters and refer to theirs of Sept. 4th,
which will, they hope put an end to difficulties upon account of
Mr. Cox. Have recommended for confirmation act about
Quakers, and act repealing the act for ascertaining place of sitting.
He will always have an opportunity of justifying himself. His
answer to the petition of the traders of New Jersey is very satisfactory. Hope that he will be able fully to vindicate himself
from Mr. Mulford's charges. Three members of Council have
been appointed as he desired, but as there are no persons authorized on behalf of the Province or the persons appointed to be
Councillor to pay the fees in the several offices there may be some
delay in getting the orders and warrants dispatched. Ask for
accounts of imports from Madeira and the Western Islands and
for information of French activity on the Mississippi as No.
334. Do not find that Col. Ingoldsby's commission as
Lt. Governor of New Jersey was revoked at the same time as
his commission as Lt. Governor of New York. "You must therefore explain particularly, what grounds you had for saying
Col. Ingolsby had no authority to pass those acts. We desire
likewise to know what objections you have against such of the
acts themselves as are not expired. We have received from Mr.
Philips an affidavit to the truth of the copies of two letters writ
by D.C. and Henry Joyce (v. Feb. 11) which we have transmitted
to Mr. Secretary Addison to apprize him of the endeavours of
your enemys to disturb you in your Goverment. There shall
be nothing wanting on our parts to discountenance any such
attempts against you." Set out, N.J. Arch., 1st Ser. iv. 335.
[C.O. 5, 995. pp. 428–433.]
345. Lt. Governor Bennett to the Council of Trade and
Plantations. On the 25th of Decr. I was honour'd with yor.
Lordps. of 16th of May last via Barbados, with duplicates of
yors. of 4th of Augt. 1715, and 30th of May, 1716, the originals
of which have not come to hand. I should now have answer'd
them if time would have permitted, but am prepareing to send
by the way of Barbados when I shall write att large. Refers to
letter and enclosures of 30th July last. Continues: There only
remains to be sent the account relating to an imposition on
trade, which was laid on for the building an house for me and
succeeding Governors, which acct. I have directed the Collector
of that tax forthwith to prepare in ordr. for yr. Lordps. etc.
Haveing recd. some of H.M. Proclamations relateing to the
pirates I on the 19th of Dec. last sent a sloop with them to
Providence where they were accepted of with great joy, there
being near 300 of them, and most agreed that in a little time they
would come and surrender themselves to me, and added they
were satisfied that others their consorts that were out a cruiseing,
when they heard of the proclamations, would doe the like, soe
that I hope it will have a happy effect: Capt. Henry Jennings
one of them (who left off that way of liveing some months since)
has arrived here who with seven others have surrendred themselves: The method I take on that occasion is to give a certificate
to the person surrendring according to a copy herein inclosed
which I hope is right, but presume a pardon must follow therefore
desire directions therein etc. Signed, Ben. Bennett. Endorsed,
Recd., Read 27th March, 1718. Holograph. 1½ pp. Enclosed,
345. i. Form of certificate issued by Lt. Governor Bennett to
surrendered pirates, 1718. (v. preceding). Same endorsement. 1 p.|
345. ii. Thomas Nichols, a pirate, to Lt. Governor Bennett.
Returns thanks for his care in communicating H.M.
Proclamation by Capt. Bennett, his only son. Some
of us readily embrace the same etc. Providence, 10th
Jan., 1717 (1718). Signed, Thos. Nichols. Same endorsement. Copy. ¾ p.|
345. iii. F. Leslei, pirate, to Lt. Governor Bennett. Gladly
accepts H.M. pardon etc. Signed, F. Leslei. Same
endorsement. Copy. ¾ p. [C.O. 37, 10. Nos. 7,
7 i.–iii.; and (abstract of covering letter) 37, 24. p. 5.]|
346. H.M. Warrant for admitting John Parker to the
Council of New Jersey, in the room of Hugh Hoddy, decd.
Countersigned, J. Addison. [C.O. 324, 33. p. 131.]
347. H.M. Warrant for admitting Peter Fretwell to the
Council of New Jersey, in the room of Elisha Parker deceased.
Memorandum. [C.O. 324, 33. p. 132.]
348. H.M. Warrant for admitting John Wells to the Council
of New Jersey in the room of George Deacon, by reason of his
great age and infirmity become incapable of that employment.
Memorandum. [C.O. 324, 33. p. 132.]
349. Mr. Mulford to the Council of Trade and Plantations.
Prays for report upon his petition, referred to them 14th March,
1715 etc. Signed, Saml. Mulford. Endorsed, Recd. 11th,
Read 12th Feb., 1717/18. 2 pp. [C.O. 5, 1051. No. 50.]
350. Council of Trade and Plantations to Mr. Secretary
Addison. Report upon petition of Don Bernardo de Guardia
and P. Diharce (v. 15th June, 1717). We cannot conceive how
they shoud be reliev'd by H.M. against that sentence, (i.e. of the
Court of Admiralty in Jamaica condemning the Nostra Senora de
Bethlehem) but by the common course of law; much less can
we take upon us to ascertain the value of the ship and cargo,
this being more properly the province of a Court of Judicature,
where both parties may be heard by their Council, and produce
their sevl. proofs etc. We cannot say what the petitioners' view
may have been in making this extraordinary application to
H.M.; But as we observe that their pretence for so doing is that
they coud not obtain redress in Jamaica; We must take notice,
that they have been very deficient in the proofs of this allegation
in their petition; and that on the contrary it dos appear to us,
that upon complaint made against this sentence in the Court of
Admiralty by the persons concernd to H.M. then Governor the
Lord Archd. Hamilton, he dispensd with the common forms in
their favour, received their appeal, and did appoint a Court of
Delegates to reexamine the cause in order to reverse that sen
tence, if it shoud not have been justly founded, as appears by
a copy of a Commission under the broad Seal of the Island for
that purpose; It is likewise evident that his Lordp. was so far
inclind to do justice to the Spaniards on this occasion, that
being a part owner in the ship that had taken the Belandra, he
did not only deposit his own share of the prize as thinking the
same illegal, but did likewise oblige the other persons concern'd,
as well as those that had been security for the captors' just
and legal behaviour in that voyage, to enter into recognizances,
whereby as far as in him layd he did secure very considerable
summs towards making good the damages complain'd of by the
Spaniards to the great satisfaction of Don Juan del Valle, who
was impowerd by the owners of the prize to sollicit this affair.
By what motives the partys concern'd in this dispute have since
my Lord Archibald's removal from the Govt. of Jamaica, been
induc'd to put this mater into a new method and rather to
apply in this manner to H.m., than to pursue their right in the
ordinary course of Law: we shall not determine, but certain
it is, that however unjust and partial, that sentence in the Court
of Admiralty in Jamaica may have been, it must and will remain
in full force, till it shall be reversd upon a regular appeal, wch.
woud intitle the Petrs. to the sevl. sums deposited and secur'd
for their use by the Lord A. Hamilton; and if they shou'd fall
short of the just demand it woud then be time enough to apply
to H.M. for further redress; But even in that case it might first
be reasonable to consider of some methods for obtaining repara
tion for the many and great losses H.M. subjects have sustain'd
in those seas by the Spaniards, a list whereof presented to us
by the merchants trading to those parts; we have hereunto
annexd, desiring you woud be pleasd to lay the same before H.M.
that he may be graciously pleasd to give the proper orders to His
Minister at Madrid to apply to that Court in behalf of the persons
aggrievd. [C.O. 138, 16. pp. 72–76.]
351. Lt. Governor Doucett to the Council of Trade and
Plantations. Encloses following. Continues:—I hope your Lord
ships will take such measures as may prevent the like for the
future, which might easyly be done were there three, or four
sloop's of four, or six guns each etc., to cruize between the Gutt
of Cancer, and Mount Desart, in the Bay of Fundy. Likewise
up the Bay to prevent the smugling traders etc. (No. ii.). I
have granted their request they haveing made it apear that
they should only be the sufferers, haveing made provision for
the fishing season of this year before i arrived. I have wrote
to the French att Minis and to the Preist, to advise him not to
influence the inhabitants against doeing their duty in swearing
alegiance to H.M. etc. P.S This place wants extreamly a
proper officer to decide controversy's arriseing upon seizure's
made by the Collectr. of this Port. Some haveing lain four
or five year's, for want of a person to judge in that affair, which
is a greivance to the subject, and loss to H.M. Signed, John
Doucett. Endorsed, Recd. Read 22 May, 1718. 2 pp. Enclosed,
351. i. Capt. Southack to Lt. Governor Doucett. Boston,
Jan. 9, 1718. Here is come Mr. John Hinshaw and
Capt. Giles Hall, from makeing their fishing voyage att
Cape Cancer etc. They say there came over from Island
Bretton a great many French Commanders of ships
with their men, and shallops, to make a fishing voyage
att Cape Cancer, and the Islands adjacent for five
leagues westward, in the territories and dominions of
Nova Scotia, and carried off about 20,000 quentalls of
cod fish, which is contrary to the Articles of Peace att
Utrecht etc. Quotes Articles 12–14. Continues:
Severall French familys are come to Cape Cancer and
place's adjacent without takeing the oath of alligence.
Fort St. Lewis and the boundaries there belonging
which is to Cape Cancer and west five leagues to White
Head I took in 1690 and lost a great many men in takeing
of it; I hope it would be given to the capter's or some
part of it, as my gracious Sovereign will and pleasure
will be etc. There is a French man his name is Le
Sone he is come over from Cape Breton to Cape Cancer,
and there has built him a house and stage for fishing
tho he has been an inhabitant att Annapolis Royal,
and they know him to be a very great rogue, and now
att Cape Cancer makes all the mischeif he can against
the interest of the English. Signed, Cyprian Southack.
Endorsed as preceding. Copy. 3 pp.|
351. ii. Address of Inhabitants and Merchants of Annapolis
Royal to Lt. Governor Doucett. Annapolis Royall,
Feb. 5, 1718. Since the reduction of this place there
never hath been any regulation nor notice taken of the
commerce of this Colony which dayly improves and is
perhaps (considering the hardshipps wee have heitherto
been under) in as faire a way of flourishing as any other
of H.M. Plantations etc. provided that some artickles
may be removed etc. The trade cheifly consisting in
furrs, fish, and grain, there have been butt some small
quantitys lawfully exported, whereas if a proper method
could be taken to hinder the clandestine trade carried
on by some from New England, Cape Bretton, and Canada,
who never come either to enter or cleare at this port
etc., the product of the Country would not only appear
considerable more, butt encourage those very smuglers
and other English people to settell the pleace for the
benefitt of the trade. For the want of Englishmen
wee who are the first inhabitants, have not only already
suffered very much butt must labour under some other
unsupportable inconveniences, if our former priveledge
of employing the French inhabitants in our fishing
vessells, or to have any commerce with them is to be
abridged, which will certainly terminate in our ruin
etc. For at the end of every fishing season wee are
obliged to be at great expence for the ensuing year
which wee had most partly don before your arrival
here, besides the great charge of keeping men on wages
for that purpose which wee were induced to doe by our
past libertys and encouragement from the Surveyor
General, Caleb Heathcote (quoted). Pray to be allowed
to continue employing French fishermen of the Colony
to go out in their bottoms until Governor Phillips shall
arrive and decide etc. Signed, Will Wright and 13
others. Endorsed as preceding. Copy. Torn. 1 large
p. [C.O. 217, 2. Nos. 49, 49 i., ii.; and (without
enclosures) 218, 1. pp. 356, 357.]|
352. Lt. Governor Doucett to Mr. Popple. I was extream
sorry to leave London without takeing my leave of you etc.
Urges request for three or four sloops to prevent the French
from fishing and the smugling traders, which would be cheaper
and more effective than one man of war etc. P.S. Mr. Wright and
I often drink yr. health, who is worthy the recomendation of Mr.
Pople. Signed, John Doucett. Endorsed, Recd. Read 22nd
May, 1718. 1¾ pp. [C.O: 217, 2. No. 50; and 218, 1. p. 358.]
353. H.M. Instructions to Woodes Rogers, Governor of the
Bahama Islands. v. No. 220 ii. Signed, G.R. [C.O. 324, 33.
pp. 127–129; and 5, 189. pp. 381–383.]
354. Jeremiah Dummer, Agent for New England to the
Council of Trade and Plantations. Several persons having
engag'd in a design to employ Agents in New England for the
catching and curing sturgeon, have petition'd H.M. for a patent
for importing it to Great Britain exclusive of all others etc. Such
a monopoly is contrary to the natural and common rights of all
H.M. subjects, besides that it would prejudice the trade itselfe,
and be very injurious to the people of New England, who have
labour'd in the catching and curing this fish for above 60 years
past. Prays to be heard before such petition is reported upon.
Signed, Jer. Dummer. Endorsed, Recd., Read 7th Feb., 1717/18.
1 p. [C.O. 5, 866. No. 135.]
355. Mr. Popple to Sir W. Thomson. Requests reply to
10th Jan. as soon as possible etc. [C.O. 5, 915. p. 81.]
356. Governor Sir N. Lawes to the Council of Trade and
Plantations. I being upon the point of embarking for Jamaica,
I beg leave to observe how wrong soever it was in the Legislature
of Jamaica to lay a higher duty on the South Sea Company's
negros re-exported than any others H.M. subjects, or how right
soever it may be thought here, that no duty at all should be laid
upon them. Yet I foresee with great concern that the Assembly
may, and I fear will think their rights, and long accustomed
liberties invaded by any restraint which shall be laid upon
them by the Sovereigns limitting them what they shall,
or shall not levie, or raise the aids demanded of them for publick
service. And as the Assiento contract being in the hands of the
South Sea Company is believed by the people of Jamaica to be
many ways injurious to the commerce, and prejudicial to the
planting interest of the Island, and consequently, say they of
less advantage to the Mother Kingdome, I apprehend their
being of that opinion, and so restrained in favour of the South
Sea Company will contribute very much to their obstinate insisting
upon that supposed right, and property of levying money for
the support of H.M. Government upon the commerce, and trade
of the Island without limitation. There are several matters
in my Instructions, by which I am to move the Assembly to
make provision for, as subsistance for the Independant Companies,
paying the debts etc. Wherefore I humbly represent that as
those things have not been obtained without their difficulties,
and sometimes rejected even to a want of duty in former Assemblies, those people, who have been too willing, without such provocation, to obstruct the King's interest, tho' in truth 'tis the
Countries, may take occasion to revive their opposition and
make it popular from these limitations. I fully resolve to obey
my Instructions with the utmost exactness etc. I hope your
Lordships will consider that the groce produce of Jamaica,
yearly imported into England is not less than 6 I believe £700,000,
of its native product, and capable of great improvements.
Besides the private trade (which is now almost lost) use to bring
into England between 2 and £3,000 a year in ps. 8/8 silver, and
gold. Suffer me to remind your Lordships that the standing
revenue of Jamaica is not above £4,000 a year and the law that
settles the same expires in about 8 years. The first charges,
and contingent expence of the Government is seldome less than
£6,000 a year. If the Assembly refuse or delay to grant the
Additional Duty Bill, I hope I may without offence ask your
Lordships what measures must I take to support that Governmt.
with honour, and safety, etc. Signed, Nicholas Lawes. Endorsed,
Recd. 7th, Read 10th Feb., 1717/17. 2½ pp. [C.O., 137, 12. No.
114; and 138, 16. pp. 76–81.]
357. Peter Heywood, Commander in Chief of Jamaica, to
the Council of Trade and Plantations. No ship or vessell hath
sayl'd from this Island, since my last of the 21st Dec., nor hath
anything of moment offer'd for me to write yor. Lordships,
onely that Capt. Durell of H.M. sloop Swift, show'd me H.M.
royall Proclamation of pardon, to the pyrates together with the
Instructions he had reced. from the Admiralty Board, upon
receipt of which, I forthwith sent out two vessells in quest of
them, by advice of the Councill, one of wch. came up with Hornigold, and one or two more his consorts, who sent me their resolution in the inclos'd copy, and wth. it came in six of them, who
told me their consorts would doe the same in a little time, but
not haveing since heard from them I doubt the performing of
their promise. I have sent another wch. I wish may have the
good effect H.M. intends. Signed, Peter Heywood. Endorsed,
Recd. 18th, Read 22nd April, 1718. 1 p. Enclosed,
357. i. [Capt. Hornigold and other pirates] to Peter Heywood,
C. in C. of Jamaica. Wee embrace H.M. act of grace
and return H.M. our hearty thanks for the same etc.
1 p. [C.O. 137, 13. Nos. 5, 5 i.; and (without enclosure)
138, 16. pp. 110, 111.]|
358. Governor Hamilton to the Council of Trade and Plantations. Encloses depositions made against Thomas Morris etc.
"whom I have suspended by the unanimous advice of the Lt.
Governr. and the rest of the Councill." Refers to enclosed
Minutes and asks for "H.M. pleasure thereon pr. first opertunity."
Continues:—The conduct of Coll. Morris in many other respects
are not verry becomming a member of that board. He is frequently engaged in broils and quarrells, most of which are
occasioned by his abusive language, and ill behaviour, as
your Lordships may be informed by most transcient men,
and masters of ship's that use the trade of this place,
and particularly by one William Tudor Commander of the
Warner friggott belonging to London, whom he beat and
abused in a most cruell manner without any just provocation.
His authority as a magistrate he has also verry ill used, and
particularly in ordering and appointing one King master of a
merchant ship now here to act as a constable, and to take a poore
woman from her house carry her on board his vessell and to
duck her, and that even without any conviction or tryall (as I
can hear) for the crime lay'd to her charge, for refusing of which
he insulted and abused the saied Master, so that upon the whole
I must say I think him very unworthy of the honour that has
been conferred on him by H.M. in appointing him one of the
members of his Councill for this Island. It is with great unwillingness that I at any time take on me to do, or say anything
to the disadvantage of any person either in his interest, or
character. But the behaviour of Coll. Morris is so notorious,
that I think I should be wanting in my duty to H.M. if I had
omitted suspending of him etc." Asks for their Lordships'
opinion. Continues:—By the death of Coll. Oliver the suspension of Coll. Morris and the absence of foure other members,
who are at present in Britaine, there are but five members
besides the Lieutenant Governour now on the Island, so that
at the next meeting of the Councill I intend Coll. John Gamble
as a member of that board. He is a gentleman that has served
as an officer in several expeditions against H.M. enemies in
these parts, and withall has had the honour to command
as an officer of the Militia in this Island for many years, during
all which time he worthily discharged his duty in the severall
posts he enjoyed. He was also Chiefe Justice of the Island for
some time, but for want of health he resigned the same. But
whilst he continued in that station he behaved himself with
great honesty and integrity, so that I hope your Lordship will
represent him to H.M. as a person worthy to serve him in that
station; his zeal and affection for H.M. Government and the
Protestant succession in his illustrious House is beyond all dispute and his estate not inconsiderable amongst us. The vessell
by which this is intended touches here by accident so that I
must crave leave untill next opertunity for answering your
Lordship's letters of 4th Oct. etc. I have caused the ould Great
Seal to be broake in Council and shall take care to transmit the
same to your Lordship's by the next opertunity etc. Signed,
W. Hamilton. Endorsed, Recd. 29th March, Read 3rd April,
1718. Holograph. 2¾ pp. Enclosed,
358. i. Minutes of Council, Antigua, Feb. 3, 1717. Depositions
of Samuel Parker, Robert Glover, Robert Jacobs, and
Jonathan Martin, and proceedings relating to the suspension of Col. Thomas Morris etc. Deponents state
that Col. Morris said to his coachman, "If I tell you to
take His Majesty by the coller and beat him, you are
to do it" etc. Same endorsement. 4 pp. [C.O. 152,
12. Nos. 70, 70 i.; and (without enclosure) 153, 13.
359. Thomas Morris to the Council of Trade and Plantations.
Refers his suspension to their Lordships. If the words alleged
against him were true, which they are not, they would not be
of weight to justify his suspension. The deponent Richard
Glover, cooper, (No. i. preceding) was fined for speaking scandalous words against present Government, and approved the murder
of General Parke etc. Signed, Thomas Morris. Endorsed,
Recd. 31st March, Read 3rd April, 1718. Addressed. 1 p.
359. i. Deposition of Elizabeth Abraham, wife of Philip
Abraham, of Antigua, 4th Feb., 1718. On 9th Jan. at
the house of Nathaniel Wickham Thomas Morris
expressed his anger with Capt. (Edward) Ting who had
refused to act as a Constable at his bidding upon
occasion of a disturbance in the street, but he did not
speak the words alleged by Glover (supra). Signed,
Eliz. Abraham. Endorsed, Recd. 31st March, Read
3rd April, 1718. 1 p.|
359. ii. Deposition of Thomas Mountain, coachman to Mr.
Morris. 4th Feb., 1718. Confirms preceding. Signed,
Thomas Mountain, his mark. Same endorsement. 1½
359. iii. Deposition of Timothy Keefe. As preceding. Signed,
Timothy Keefe. Same endorsement. 1½ pp.|
359. iv. Deposition of Mary, wife of Nathaniel Wickham. As
preceding. Signed, Mary Wickham. Same endorsement. 1 p.|
359. v. Deposition of John Wickham. As preceding. Signed,
Jno. Wickham. Same endorsement. 2 pp.|
359. vi. Deposition of Nathaniel Wickham. As preceding.
Signed, Nathll. Wickham. 2 pp.|
359. vii. Deposition of Samuel Parry. As preceding. Signed,
Samuel Parry. Same endorsement. 1 p.|
359. viii. Deposition of Phillip Abrahams (Abram). As preceding. Signed, Phillip Abram. Same endorsement.
359. ix. Deposition of Richd. Chapman. As preceding.
Signed, Richd. Chapman. Same endorsement. 2 pp.|
359. x. Deposition of Benjamin Rawleigh, Surgeon. Confirms
preceding. Signed, Benja. Rawleigh. Endorsed as preceding. 1 p.|
359. xi. Copy of interrogatories exhibited to Mr. Robt.
Jefferson, Planter, by Tho. Morris and Saml. Parry,
Justices of the Peace, by virtue of a General Commission
granted by Governor Walter Douglas, Jan. 28, 1711/12.
Witness admitted he was in arms on the occasion of
the murder of Governor Parke. Since the arrival of
H.E., Richard Glover told him that he beleived they
had done a good action and that if twas to do again he
would do it, meaning killing ye Generall. Same endorsement. 1 p.|
359. xii. Deposition of Elizabeth, wife of John Wickham. As
No. i. Signed, Eliz. Wickham. Same endorsement. 1 p.
[C.O. 152, 12. Nos. 71, 71 i.–xii.; and (without enclosures) 153, 13. pp. 274–278.]|
Councill Chamber, Whitehall.
360. Order of King in Council. Referring following to the
Council of Trade and Plantations for their report. Signed,
Edward Southwell. Endorsed, Recd. 19th, Read 20th Feb.,
1717/18. 1 p. Enclosed,
360. i. Lords Proprietors of Carolina to the King. St. James's,
12th July, 1717. Recommend the proposal of Sir
Robert Montgomery to carry over several families at
his own expence and settle and fortify the most southern
part of Carolina as a separate Government, he to be
governor for life etc. Pray H.M. approbation of him as
Governor etc. v. A.P.C. II. No. 1285. Signed, Carteret
Palatin, J. Bertie for D. of Beaufort, Fulwar Skipwith
for Lord Craven, M. Ashley, J. Colleton, J. Danson.
Copy. 2 pp. [C.O. 5, 1265. Nos. 90, 90 i.; and
(without enclosure) 5, 1293. p. 136).]|
361. Order in Council. The Council of Trade and Plantations are to prepare forthwith such Instructions to be sent to the
Governors of H.M. Plantations as they shall think proper; and
particularly to St. Nicholas Lawes Governor of Jamaica, to
enquire into the pyracy's complained of by the Spaniards, and
to do what in him lyes to procure them satisfaction; and present
the said Instructions to this Board to be approved. Signed,
Edward Southwell. Endorsed, Recd. 14th, Read 17th Feb.,
1717/18. 1 p. Enclosed,
361. i. Copy of No. 201. 2¾ pp. [C.O. 137, 12. Nos. 115,
115 i.; and (without enclosure) 138, 16. pp. 82, 83.]|
362. Order in Council. Confirming grant of estate of Anna
Kupius in Jamaica to Edwd. Pennant and Anthony Swimmer
(v. Oct. 16, 1717). Signed, Edward Southwell. Endorsed, Recd.
24th, Read 25th Feb., 1717/18. 1 p. [C.O. 137, 12. No. 117;
and 138, 16. pp. 84, 85.]
363. Order in Council. Confirming Acts of Jamaica, (i.)
for regulating fowling and fishing, (ii.) for the better securing the
interests of orphans and creditors etc., past in 1711, (iii.) for preserving the publick records, 1712, (iv.) for the more easy serving
of Constables, 1716. Signed and endorsed as preceding. 1¼ pp.
[C.O. 137, 12. No. 118; and 138, 16. pp. 85–87.]
364. Order in Council. Approving Representation of 23rd
Oct., 1717, and repealing Acts of Jamaica, (i.) Declaring what
persons shall be qualifyed to sitt in Assemblys (1711); (ii.) to prevent hawking and disposing of goods clandestinely (1711); (iii.) to
disenable any Member of the Council, or of the Assembly from
acting as Commissr. for receiving any publick money raised or to
be raised by the Govr. Council and Assembly etc.; (iv.) to oblige
the sevl. inhabitants to provide themselves with a sufficient number
of white people etc. (1716); (v.) to encourage the bringing over of
white people etc. (1716); (vi.) to repeale an Act for the better
securing the estates and interests of orphans and creditors (1716);
(vii.) for granting a further relief in relation to proving of wills
etc. (1716); (viii.) to secure the freedom of elections etc. (1716);
(ix.) to prevent any one man to hold two or more offices etc. (1716).
Mem. The Acts to encourage white men to settle (1712), and for the
effectuall discovery of disaffected persons etc. (1716) were read,
and postponed. Signed and endorsed as preceding. 3 pp. [C.O.
137, 12. No. 119; and 138, 16. pp. 87–91.]
365. Order in Council. Removing Samuel Page from the
office of Depty. Secretary of Jamaica, and from all other offices
of trust whatsoever in the said Island (v. 24th Oct., 1717). Signed
and endorsed as preceding. 1 p. [C.O. 137, 12. No. 120;
and 137, 46. No. 29; and 138, 16. pp. 91, 92.]
366. Order in Council. Referring representation of the
Council of Trade and Plantations upon the petition of Wm.
Cockburne (v. Jan. 23) to the Committee for hearing appeals from
the Plantations for their opinion thereon. Signed and endorsed
as preceding. 1 p. [C.O. 137, 12. No. 121; and 138, 16. pp.
367. Order in Council. Approving Representation of 18th
Sept., 1717, and ordering the Governor of Jamaica to move the
Generall Assembly in H.M. name to reimburse James Knight
£620 with the usual interest of the Island, as therein proposed.
Signed and endorsed as preceding. 1 p. [C.O. 137, 12. No.
122; and 138, 16. pp. 93, 94.]
Councill Chamber, Whitehall.
368. Order in Council. Referring following to the Council
of Trade and Plantations for their report. Signed, Edward
Southwell. Endorsed, Recd. Read 24th Feb., 1717/18. 1 p.
368. i. Petition of Churchwardens, Vestry and Parishioners of
St. Philips, Antego, to the King. In pursuance of an
Act of 1692 for dividing the Island into parishes etc.,
the then vestry took up land in Willoughby Bay and
purchased ground in Bellfast whereon, respectively, a
commodious church and a chapel of ease have been
built etc. A certain late Vestry of the Parish not considering the poverty or ease of the parishioners and
without conveneing them did order that a new parish
church should be built and that upon a peice of ground
given by John King, which is within one mile of the
utmost extent of the said parish (which is 9 x 6 miles)
and inaccessible for four months in the year by reason
of the flouds of water etc. The said Vestry perceiving
that the same order was disapproved of by the succeeding
and present Vestry and upwards of three fourths of the
parishioners in respect of the scituation and the inability
of the parish to undertake so great a building and the
view that that order had of suffering the said Church
and Chappell of Ease to go to decay etc., did privately
apply to the Assembly etc., and thereupon an Act was
passed to endempnifie Anthony Browne and John Eliot
from a bond and agreement with George Pullen, Carpenter,
for the building a Church in the parish of St. Philips and
to charge the said parish with the same [etc.] which enacts
that the Church be erected on the ground given by John
King etc., and be esteemed the parish church etc.
There is no need for such, as the Act pretends, the present
church and chapel being in good repair and each of them
sufficient to accommodate the whole of the parishioners
etc. The proposed site is at no time convenient for
any but those that made that order. Pullen would have
acquitted them from the agreement, but they refused.
Pray H.M. to refuse assent to the Act etc. Signed,
William. Yeomans and 67 others. Copy. 77 pp. [C.O.
152, 12. Nos. 63, 63 i.; and 153, 13. pp. 217–224.]|
369. Order in Council. Approving representation of 24th
Jan. (q.v.), and ordering that a copy of Christopher Stoddard's
petition be transmitted to Governor Hamilton and James
Miliken, who are to return their answer in writing etc. No
signature. Endorsed, Recd., Read 19th June, 1718. 1¼ pp.
[C.O. 152, 12. No. 94; and 153, 13. pp. 315, 316.]
370. George Trenchard to the Earl of Sunderland. Encloses
following. Petitioners have done a signal service to H.M. and
their country by stopping a very great encroachment of the
French on our Newfoundland trade, etc. Signed, Geo. Trenchard.
Addressed. Sealed. 1 p. Enclosed,
370. i. Petition of Ambrose Weston and William Cleeves to the
King. Pray that their expenses for proceedings against
Toulon la Gallantré (Ollivier Tulon), may be defrayed out
of the money remitted from Bilbao for his seized fish,
etc. Poole, Feb. 1st, 1717(18). Signed, Ambrose
Weston, Wm. Cleeves. 1 p. [C.O. 194, 23. Nos. 28,
371. Lt. Governor Doucett to the Council of Trade and
Plantations. Encloses following replies received that morning.
(v. 6th Feb.) Continues:—Some of the cheifs of the Indian's
have been wth. me to tell me, that if wee expected them to
continue our freind's, they expected presents yearly from H.M.,
as they allway's receiv'd when this country was in the hands of
the French King. I promised I would writte to Great Brittain
about it etc. Their is no mean's better then presents to gain them
to our intrest, and keep them from goeing to Cape Breton and
Canada, where they have still presents if they will goe for them
etc. These place's being so farr off, I beleive they would not
undertake such journey's were they taken notice of by us, etc.
There is nothing but presents can ever wean them from their
punctuall obedience, to the French preist's that are amongst
them, for the generality of the Indian's would be sway'd more
by the beneffitts they receive in this world, then trust to all
benefitts their preists can tell them, they will receive in the next.
My Lords, if the Indian's could be gaind and this place settle'd,
Great Brittain would reap ten time's the advantage that it can now,
for the French gett allmost all the furrs and pelltry of the country,
and send it away to Canada, and Cape Breton etc. Signed, John
Doucett. Endorsed, Recd., Read 22nd May, 1718. 2 pp.
371. i. Lt. Governor Doucett to Père Felix, the Preist at
Minis. Annapolis Royal. Dec. 4, 1717. Being no
master of the French tongue, I have wrote to Mr.
Mellanson, what I have in command from the King my
Master, concerning the French inhabitants of this
country, and hope they will be so wise etc. as to acknowledge his sovereignty by swearing allegiance to him,
and thereby secure to themselves, and heirs, their
Religion, estates, and the unparalleld liberty, and
privilidges of Brittish subjects. I desire you after
Mr. Mellanson has translated the paper inclos'd to him,
to publish it, and hope you will give countenance to it,
since their is nothing in it to disturb them in their
Religion etc. I must allso desire your concurrance wth.
Mr. Mellanson, concerning the sloop att Maganshish.
Signed, J. Doucett. Same endorsement. 2 pp.|
371. ii. Same to Mr. Melanson att Minis. Dec. 5, 1717.
Prays him to translate and publish enclosed for the
inhabitants to sign etc., and acquaint them, that I have
a positive command nott to let any of the inhabitants
trade or fish on the coast of Nova Scotia, without first
declareing themselve's subjects to King George, who is,
God be prais'd, as firm, and fixt in the Throne of Great
Brittain, as ever Lewis the 14th was in the French
Throne etc. I must allso recommend to your care a
sloop that was cast on shore at Maganshish, the owner
intending in the spring to fetch her etc. Signed and
endorsed as preceding. Copy. 1½ pp.|
371. iii. Peter Mellanson to Lt. Governor Doucett. Minis,
Jan. 25, (? n.s.) 1717/18. Father Felix read your letter
to all the inhabitants that could be got together.
Father Felix will write to a Frenchman and his family
living near La Hanne concerning the wrecked sloop
etc. Signed, Peter Mellanson. Same endorsement. ½ p.|
371. iv. French inhabitants of Minnes to Lt. Governor Doucett.
Reply to No. i. Feb. 10, 1718. The bad weather and
roads have prevented us from assembling in the outlying
country. We pray you to grant us time so that we may
assemble the whole Colony in order to decide. We
cannot sign the oath of allegiance enclosed in your
letter in the form presented to us, for three reasons
(i.) that it does not sufficiently guarantee the liberty of
our religion, (ne s' estant pas assez sur la liberté de nostre
religion etc.) as has always been promised us, (ii.) if
we did so, we should expose ourselves to the rage and
fury of the Indians, and (iii.) because when our
ancestors were under the English rule, such oaths were
never exacted from them etc. Signed, Pierre Terriot
and eight others. Same endorsement. French. 1 p.
[C.O. 217, 2. Nos. 51, 51 i.–iv.; and (without enclosures)
218, 1. pp. 359–361.]|
372. Council of Trade and Plantations to the King. Submit
names of Commissioners for trying pirates in the Plantations,
as ordered 30th Jan. Cf. C.S.P. 1700. No. 498. Set out,
N.J. Arch. 1st Ser. IV. 339. [C.O. 324, 10. pp. 161–185.]
373. Mr. Philips, Agent for New York, to Mr. Popple.
Encloses following, to be laid before the Council of Trade and
Plantations. Continues:—By repeated letters from the Governor
and others I am assured, that if there be not a speedy stop put
to the groundless and malicious complaints of Cox and his
adherents, it will be impossible that Brigadier Hunter or any other
Governor should be able long to discharge his duty to any purpose:
Likewise, that if Cox and his friends are not check'd and discountenanc'd, some poor ignorant wretches may be drawn in to be
hang'd; and that it appears by the tenor of some of their letters,
which have fallen into the hands of the Governor, that they have
laboured hard for an assassination. Cox and his friends (in order
to carry on their malice) write and speak false and reflecting things
upon the Rt. Hon. the Commissioners of Trade, and make use of
the names of some of the King's Ministers, and other great men,
not only without their leave, but even contrary to their intentions.
As to Mulford's complaint about the whale-fishing, believes that
Instructions relating to that matter from the Council and
Assembly of New York were on board the Mercury (which is lost
with all her men, excepting two or three.) Encloses addresses
in favour of Governor Hunter. Signed, A. Philips. Endorsed,
Recd., Read 12th Feb., 1717/18. 4pp. Enclosed,
373. i. Certificate by John Johnston, Mayor of New York,
24th Aug., 1717, that John Drummy swore to the truth
of the following documents. Signed, John Johnston.
373. ii. Deposition of John Drummy of New York, mercht.
24th Aug., 1717. In July last at Cape May he learned
that letters from Mr. Cox and one Mr. Bustill at London
were industriously handed about among the Justices
and inhabitants of New Jersey, which very much
disturbed their minds, leading them to declare that they
would pay no more taxes to the present Government.
He obtained the following copies etc. John Bradner, a
dissenting Minister of Cape May, refused to allow his
Congregation to have them published in their Meeting
House etc. Signed, John Drummy. 2¼ pp.|
373. iii. Copy of letter [? from Daniel Cox] referred to in
preceding. The King's abscence very much retarded
our affaire etc. Four days after his returne the petition
was read to him in Council, and contrary to the
expectation of Coll. Hunter's freinds referred to a
Committee of H.M. Councill for heareing appeals from
the Plantations, and which was [what] wee laboured for,
least it should be ordered before the Board of Trade
which are by this management entirely debarred from
haveing anything to doe in this affaire soe that his
freind Dominique cant doe him that service that Coll.
Hunter might have expected etc. His freinds urge
all they can to deferr heareing till he comes for they
know neither he nor they can stand the shock of the
accusation etc. Wee lay before the Ministers the
miserable condition of the people and the necessity of
a speedy heareing etc. The management of Collo.
Hunter and some Quakers in refference of an Act of
Parliament passt here is highly resented here etc.
You will soon find something done in that affaire that
will not be pleaseing to the faction etc. Refers to Mr.
Bustill's letter. There is noe fear of the removel of
such oppressions this spring or summer at furthermost
and the Quaker freinds will share his fate tho perhaps
sooner. Signed, D. C. 1½ pp.|
373. iv. Copy of letter [? from Mr. Bustill, referred to in
preceding]. Describes voyage home and confirms
preceding. Adds:—Col. Cox delayed the affair
entrusted to him, as there was some uneasiness among
the Ministers of State about the turneing out my Lord
Townshend, etc. There is hopes of a heareing in about
a month. Col. Cox has beene favoured with the promise
of severall Great Men, as the Lord Bishop of London
who has promised to be at the heareing and will speake
to the Lord Bishop of Canterbury who is one of the
King's Cabinet Council to be there likewise etc. Coll.
Hunter interest is intirely sunck at Court since ye King's
displeasure with the Duke of Argyle and wee cant
learn that there is any one nobleman or person of
distinction at Court will appeare for his interest. My
Lord Cadogan can't heare him named with any tollerable
patience etc. Soe that you have all imaginable reason
to expect the removall of that opposor. Coll. Hunter
refuseing and printing against the Act of Parliament
with Jamison and Gordons treatments of it seems very
odd and surpriseing to those gentlemen in England that
was most imediately concerned in passing it, and they
have made a resolve to lay it before the King and the
Act made null and void etc. Even Parliament men
wonders how a Province of free-born Englishmen cold
beare to be kept under soe much tyrany and oppression
without serveing him even as the people of Antigua
served Generall Parkes or else from being provoked to
open resistance and endeavour our freedom by force
of arms, but allow wee have done better in flying to a
King who delights in acts of mercy and justice etc.
Col. Hunter's issueing out warrants in ye Jerseys and
forceing Members unto the House and make them
prisoners at Amboy makes a merry story in England
amongst those Parliament men that heard of it and
'tis said that article is enough to remove him etc. as
preceding. Signed, Hen. Joyce. 4 pp.|
373. v. Copy of Order of King in Council Jan. 23, 1717. 1 p.
The whole endorsed as covering letter. [C.O. 5, 971. Nos.
71, 71 i.–v.; and (without enclosures) 5, 995. pp. 435,
374. Mr. Popple to Mr. Attorney General. Encloses Act of
New York for the better settlement and assuring of lands, 1710, for
his opinion in point of law, the Governor having proposed the
repeal thereof. [C.O. 5, 1123. p. 512.]
375. Same to Same. Encloses extracts of letters from Mr.
Philips (11th Feb.), affidavit of John Drummie and letters from
Danl. Cox and Henry Joyce, upon which the Council of Trade
and Plantations desire to discourse with him, "as it will be for
H.M. service something should speedily be done to put a stop to
such false and malicious insinuations." etc. [C.O.5, 1123.
376. Council of Trade and Plantations to Mr. Secretary
Addison. Enclose extracts etc. as preceding. Continue:—By
which you will perceive the continued endeavours of Brigr.
Hunter's enemies not only to distress him and the Government
of the Jerseys, but even some instigations to assassinate him etc.
Enclose address of Assembly of New York relating to Mulford's
complaints. In all probability the Brigrs. answer has been lost in
the Mercury (v. 11th Feb.) etc. So that we cannot make a full
report thereupon till the next ships shall arrive etc. [C.O. 5, 1123.
pp. 515, 516; and 5, 1079. No. 97.]
377. Order of King in Council Confirming Act of New
York for preventing the multiplicity of lawsuits. Signed, Rob.
Hales. Endorsed, Recd. 24th, Read 25th Feb., 1717/18. 1½ pp.
[C.O. 5, 1051. No. 57; and 5, 1123. pp. 531, 532.]
378. Order of King in Council. Confirming Acts of New
Jersey, (i.) allowing the affirmation of Quakers etc. 1713 (v. 27th
Jan., 1718); and (ii.) repealing the Act for ascertaining the place
of sitting of the Assembly, 1716, (v. 11th Dec., 1717). Signed,
Robert Hales. Endorsed, Recd. 24th, Read 25th Feb., 1717/18.
2 pp. [C.O. 5, 971. No. 72; and 5, 995. pp. 437, 438.]
379. Order of King in Council. Approving Representation
of Feb. 10 and ordering Commissions accordingly. Signed,
Edward Southwell. Endorsed, Recd. 24th, Read 25th Feb., 1717/18.
1 p. [C.O. 323, 7. No. 125; and 324, 10. pp. 193, 194.]
380. Order of King in Council. Repealing Acts of Virginia
(i.) prohibiting the unlawful assembly of Quakers, (ii.) concerning
foreign debts, etc. v. Feb. 3rd. Signed, Robert Hales. Endorsed,
Recd., Read 21st Feb., 1717/18. 1¼ pp. [C.O. 5, 1318. No. 44;
and 5, 1365. pp. 49, 50.]
381. Mr. Popple to the Commissioners of the Navy. The
Council of Trade and Plantations desire you will let them have as
soon as conveniently may be an account of the premiums paid
for Naval Stores imported from America for 5 years ending at
Christmas last. And an account of pitch and tar imported from
America bought for the use of H.M., with the prices paid etc.
[C.O. 324, 10. p. 186.]
Custom House, London.
382. Mr. Carkesse to Mr. Popple. Encloses papers relating
to complaints of fraudulent practices in the importation of tar
and pitch from the Plantations etc. The Commissioners of
Customs request the Council of Trade and Plantations to instruct
the Governors that all possible care be taken in the preparing
and shipping pitch and tar to prevent a discouragement on the
commodities, and an abuse to the publick with respect to the
bounty etc. Signed, Cha. Carkesse. [C.O. 389, 26. p. 252.]
383. Mr. Solicitor General to Mr. Popple. Reply to Jan. 10th.
I am humbly of opinion that by the clauses in the 7th and 8th
pages [of the Charter of the Massachusetts Bay] (the lands in
question being now owned to be part of what is therein described
which was not insisted on before my former report to their
Lordships). The inhabitants of the Massachusetts bay have the
right to the soyle vested in them and though there is a clause in
page the 13th which restraines the Assembly's power of granting
to others without the approbacon of the Crown yett that reserved
power by the Crown does not give the Crown a power to grant
it to any others because the Crown has divested itself of the
property by the former clause and the grantees have the inheritance though qualified with that condicon beforemenconed.
Signed, Wm. Thomson. Endorsed, Recd. 17th Feb., Read
23rd April, 1718. ¾ p. Enclosed,
383. i. Mr. Coram to Mr. Solicitor General, 21st Jan., 1718.
Answer on the doubt arising upon the clause in the
Charter of the Massachusetts Bay. Signed, Tho.
Coram. Endorsed as preceding. 2 pp.|
383. ii. Mr. Dummer's reply to preceding. Middle Temple,
9th Jan., 1717. Signed, Jer. Dummer. Same endorsement. 3½ pp.|
383. iii. Joshua Barkstead to Mr. Solicitor General. Argues
that the Propriety of the soil in the lands in question
remains in the Crown. Signed, J. Barkstead. Same
endorsement. ¾ p. [C.O. 5, 866. Nos. 144, 144 i.–iii.;
and (without enclosures) 5, 915. pp. 112, 113.]|