America and West Indies: November 1726, 1-15

Calendar of State Papers Colonial, America and West Indies: Volume 35, 1726-1727. Originally published by His Majesty's Stationery Office, London, 1936.

'America and West Indies: November 1726, 1-15', in Calendar of State Papers Colonial, America and West Indies: Volume 35, 1726-1727, (London, 1936) pp. 151-161. British History Online https://www.british-history.ac.uk/cal-state-papers/colonial/america-west-indies/vol35/pp151-161 [accessed 23 April 2024]

November 1726, 1–15



Nov. 1. Spanish Town, Jamaica.	317. President Ayscough to the Council of Trade and Plantations. Encloses duplicate of Oct. 2nd etc. The Assembly met the 18th past etc. Refers to Speech enclosed. Continues: I persuade myself your Lordships will be of opinion that I have enforced H.M. commands in as full and clear a manner as possible; but I have not yet been so happy to receive an answer from them on that subject; This perhaps may in some measure have proceeded from the general consternation a late terrible calamity has put us under, for on the 22nd day of October last a most dreadful hurricane happened here which has laid waste many houses and plantations and destroyed the greatest part of the shipping which were then in our harbours etc. (v. enclosure ii); there were but two ships that escaped the storm without damage, one rode it out at the North part of the Island, the other at the Leward part thereof; this letter goes by the former, being very desirous your Lordships should have the earliest account of this melancholy news, the King's house and other publick buildings in this town are very much shattered, tho' the fortifications on Port Royal have not suffered so much as in the former [hurricane; neither has this storm been so general throughout the Island, as the former] (fn. n1) but in such parishes where it happened to light, it has done vast mischief etc. By the next ship which probably will sail in ten days, I shall give your Lordships my sentiments concerning the Assembly's proceedings in relation to the draught of the bill for perpetuating their laws, and should they not in a few days give some answer to H.M. gracious recommendations I shall again remind them of their duty. Signed, J. Ayscough. Endorsed, Recd. 10th, Read 13th Jan., 1726/7. 2 pp. Enclosed,
	317. i. Copy of the Weekly Jamaica Courant, with News Foreign and Domestick. Oct. 26th, 1726. Contains the President's Speech to the Assembly, 18th Oct. Printed by M. Baldwin. Price One Bit etc. 4 quarto pp.
	317. ii. Copy of Same, Nov. 2, 1726. Contains a poem to the Goddess Liberty on the Anniversary of King William's landing etc., and an account of the Hurricane and list of ships lost and stranded etc. 4 pp. as preceding. Nos. i, ii, endorsed as covering letter. [C.O. 137, 16. ff 327, 327v., 328v.–332v., 333v.]
Nov. 1. Spanish Town, Jamaica.	318. President Ayscough to the Duke of Newcastle. Repeats part of preceding covering letter etc. Signed, J. Ayscough. Endorsed, R. 16th Jan. Enclosed,
	318. i, ii. Duplicate of Nos. i, ii preceding.
	318. iii. Naval Officer's Account of the loss of shipping in the hurricane of 22nd Oct. 2 pp. [C.O. 137, 52. ff. 294, 295v., 296–299v., 300v., 301.]
Nov. 2. Whitehall.	319. Mr. Popple to Mr. Fane. Encloses, for his opinion in point of law, Excise Act of Barbados, 1726. [C.O. 29, 14. p. 428.]
Nov. 2. Whitehall.	320. Same to Same. Encloses, for his opinion, Act of St. Christophers, 1724, for establishing a Court of Kings Bench and Common pleas etc., and settling certain fees etc., and the complaint of Mr. Smith, Secretary of the Leeward Islands, that it takes away several fees belonging to him etc. My Lords Commissioners would also have your opinion, supposing Mr. Smith's allegations to be true, what effect the repeal of this Act would have upon the constitution of St. Christophers. [C.O. 153, 14. p. 229.]
Nov. 4. Kensington.	321. Order of King in Council. Referring to Committee of Privy Council Act of Antigua for selling certain lands of Andrew Murray, and representation thereon of 8th Sept. Signed, Temple Stanyan. Endorsed, Recd. 8th, Read 10th Nov., 1726. 1 p. [C.O. 152, 15. ff. 302, 303v.]
Nov. 4. Kensington.	322. Order of King in Council. Referring to Committee representation of 31st Aug., on boundaries of Virginia and N. Carolina. Signed and endorsed as preceding. 1 p. [C.O. 5, 1320. ff. 86, 87v.]
Nov. 7.	323. Mr. Fane to the Council of Trade and Plantations. Reply to 2nd Nov. Has no objection to Excise Act of Barbados. Signed, Fran. Fane. Endorsed, Recd. 9th, Read 10th Nov., 1726. 1 p. [C.O. 28, 18. ff. 314, 315v.]
Nov. 9. Whitehall.	324. Mr. Popple to Lt. Gov. Dummer. There has lately been referr'd to my Lords Commissioners a petition desiring the divisional line between the Massachusets Bay and N. Hampshire may be settled, my Lords would have immediately reported their opinion to His Majesty, as they conceived the bounds to be sufficiently described by the Charter, but that they observed by the votes of 28th June last, that Commissioners were appointed to determine the said line. Requests an account of the resolution of said Commissioners as soon as possibly may be etc. [C.O. 5, 915. p. 477.]
Nov. 9. Whitehall.	325. Same to Lt. Governor Wentworth. To same effect as preceding. [C.O. 5, 915. p. 477.]
Nov. 9. Whitehall.	326. Mr. Popple to President Ayscough. Encloses copies of Queries sent to the Duke of Portland, 31st March, 1724, and desires answers as soon as possible. [C.O. 138, 17. p. 110.]
Nov. 9. Kensington.	327. H.M. Warrant granting leave of absence for six months to Governor Hart. Countersigned, Holles Newcastle. Copy. [C.O. 324, 35. pp. 286, 287.]
Nov. 9. Kensington.	328. H.M. Warrant dismissing Edmund Sutton from the Council of Barbados. Countersigned, Holles Newcastle. Copy. [C.O. 324, 35. p. 287.]
Nov. 10. Whitehall.	329. Duke of Newcastle to Governor Worsley. Acknowledges letter and examination etc. of 27th April, relating to Mr. Sutton. Continues:—The consideration of that affair having been recommended to you by order of the late Lords Justices in Council, I have ordered the answer returned by you to be lodged in the Council Office, as proper for H.M. determination in Council, when the case of Mr. Hales and Mr. Hodges comes to be considered there. However as in your letter to me you refer to several particulars contained in the said examination and verified in the course of it, whereby it appears, that Mr. Sutton has been guilty of divers indirect practices, in order to injure you in your reputation and that he is in other respects by no means proper to be continued in the Council; I have therefore represented him in that light to H.M., who is so thoroughly perswaded of your personal honour and integrity, as well as of your zeal for his service and the good of his subjects under your Government, that he has been pleased to order the sd. Mr. Sutton to be forthwith removed from the Council and accordingly I herewith transmit H.M. warrant etc. (v. preceding). As to the other part of your complaint which relates to the Commission of the Peace, it is left to you to act therein as you shall judge proper according to the power given you by your Commission. Acknowledges letter and enclosures of 22nd Aug. Signed, Holles Newcastle. [C.O. 324, 35. pp. 288, 289.]
Nov. 10. New Provi- dence.	330. Governor Phenney to the Council of Trade and Plantations. Encloses Custom House papers. Continues:—There has been no vessel arriv'd from England tho' long expected, which makes me at a great loss in regard to those particulars I wrote etc. (v. Jan. 28), more especially for want of carriages for the great guns and other stores of war, of which I am in the greatest necessity being impossible to supply myself here. Last night Mr. William Lyford mariner and one of our inhabitants arriv'd here having privately got away from the Havana in a small piragua who gives me an account that the Admirals Castiagnetto and Serrano are in that harbour with ten ships of war from 70 to 50 guns and about 14 merchant vessels from 36 to 24 guns; and that a Barbadoes sloop commanded by one Craggs sending in her boat to the Havana they sent out and brought in the sloop and detaind her in that port when he came away; and that the Bellamont and Success English vessels are also detain'd there where they have made a new chain for the entrance of the harbour and are mounting cannon on new batterys on both sides to secure the port etc. Signed, G. Phenney. Endorsed, Recd. 16th, Read 18th Jan., 1726/7. 1 p. [C.O. 23, 2. ff. 35, 36v.]
Nov. 10. New Provi- dence.	331. Same to the Duke of Newcastle. Duplicate of preceding, mutatis mutandis. Signed, G. Phenney. Endorsed, R. 13th Jan. 1 p. Enclosed,
	331. i. List of vessels entered and cleared, N. Providence, 25th March—29th Sept., 1726. Signed, Jno. Warner, Nav. Offr. 8 pp. [C.O. 23, 13. ff 432, 433v., 434v., 435, 436v., 437, 438v., 439, 440v., 441; and (duplicate of covering letter) 508.]
Nov. 10. Barbados.	332. Governor Worsley to the Duke of Newcastle. I have received the honour of your Grace's letter of the 7th of July last, and I most humbly ask your Grace's pardon for sending to your Grace the examination in relation to Messrs Hales and Hodges etc. (v. 27th April). Continues:—Your Grace's kind intention to attend the Council, in relation to the information I had the honour of sending your Grace concerning Mr. Sutton, when his examination should come to be heard there, and your Grace's great goodness in being so well satisfied with my endeavours to give your Grace the best information from hence, that you had been pleased to represent it to H.M., are such instances of your Grace's favour, as will always demand my most gratefull acknowledgements. Assoon as I received the Judge of the Admiralty's report in relation to Julien de Lyon and Jean Boujé, I ordered them to be released, and they are gone to Martinico, the effects they told me belonged to the Corisco Company, therefore I keep them till they shall demand them, having already, above six months since, taken care they should be advised of it; what made me confine these persons was for running away with the sloop, which de Lyon pretended to be Captain of, tho' he could shew me no Commission, or other clearances, which I considered to be an act of piracy. In relation to the French's pretensions to Sta. Lucia, St. Vincent, Dominico and Tobago, I shall take particular care to do nothing upon that head, that can give the least grounds of complaint. The Agents for this Government having advised me, that, when they were heard before the Committee of the Council, in relation to the Bishop of London's jurisdiction here, the Bishop did averr that he had a letter from me in which I had sent him word, that I would not interfere in it; I think it my duty for my own justification to send your Grace here inclosed, a copy of some paragraphs of letters and answers which passed between his Lordship, and myself in relation to his jurisdiction. Upon the Bishop's first proposition, which your Grace will see, allowed of an appeal here and that to be final, I believe I did write to his Lordship, that I would not interfere in it, but when the Bishop of London altered his scheme, I sent his Lordship word, that I dreaded the consequences of it, and wrote to the Agents to be upon their guard; for as there is no appeal here, the Bishop's jurisdiction as to this Government is an independent coercive one, and I am afraid may occasion great uneasiness and disquiet to the persons subject to it; as well as to the Government, besides the influence such an independent jurisdiction will have in the annual elections of Assembly men, and even at present I find a great deal of difficulty in the managing them; I am most humbly of opinion, these inconveniencys would be prevented were there an appeal allowed of here to the Governour and Council, and some of the Clergy, and that not to be final, as the Bishop of London proposed, but from thence an appeal to H.M. in Council. If I have presumed to give my sentiments of it, I most humbly ask pardon, the great difficulty I find in maintaining peace and quiet here, makes me very apprehensive of any alteration in this Government, which I fear too many would be glad of, to return to their late divisions, and confusion. In my last (v. 22nd Aug.) I had the honour of advising your Grace of the alterations this years Assembly had made in relation to the Attorney General and Agents; I find they thought the Agents were negligent in soliciting the continuance of the duty that was laid upon the English liquors, of which no notice was taken after H.M. order in Council arrived here, till last summer, when Mr. Waters the Knight of the Shire for Surrey, arrived here, who, as I am told, did insinuate as if the Agents had been negligent upon that head; in that Jamaica has the liberty of laying a duty on English liquors, tho' that Island does not pay the 4½ pr. cent. Mr. Waters upon his going off for England, encouraged some gentlemen to try to recover the 4½ pr. cent for the uses in this Island it was at first granted, in 1663, that is, for the maintaining the honour and dignity of H.M. authority here, the publick meeting of the Sessions, the often attendance of the Council, the reparation of the forts, the building a Session house, and a prison, and other publick charges; The last year I prevailed with the Assembly to lay a tax of 7½d. pr. head for every negro in this Island for two years, for the building of a magazine, for the powder, and an armoury in St. Ann's Castle (the magazine before being in town) as also for another building in the town, in which there will be a Council Chamber, and another for the Assembly, a very large room for the holding the Grand Sessions, where the Courts of Law and Equity will sit, and a very strong and convenient prison; so that almost all the uses for which the duty of 4½ pr. cent was laid, will be provided for, except the repairing the forts, which are almost ruined, as well as the great guns and carriages; But if H.M. would be most graciously pleased to grant to this Island the same favour of laying a duty upon English liquors, as it is said, H.M. has to Jamaica, provided the money that should arise from that duty, was applicable only to the fortifications, and for ye providing great and small arms, and other warlike stores, and that money to be issued in the same manner as the other publick money is; I am most humbly of opinion, this would be a sort of an equivalent for the 4½ pr. cent, and the most necessary uses for which that duty was granted, will be provided for, and I am sure it will tend very much to the safety of this Island. Encloses accounts of negroes imported, 1708–1726. Signed, Henry Worsley. 9 pp. Enclosed,
	332. i. Account of Stores of War, Barbados, 1726. Signed, Wm. Leslie. Copy. 1 p.
	332. ii. Extracts from letters between the Bishop of London and Governor Worsley relating to the Commissary's Jurisdiction.
	(a) Bishop of London to Governor Worsley, 28th July, 1724. I cannot see where the danger could be if the Commissary had a power to exercise jurisdiction (especially over the Clergy and in things which more immediately concern the decent performance of publick worship) in case an appeal were provided, to a Court of Delegates there, consisting of the Governour, some of the Council, and two or three of the Clergy, of that Island, and that to be final. This (which is the form of the Court of Delegates in England) would remedy the endless inconveniencies of sending appeals hither, and at the same time would save the King's supremacy in ecclesiastical causes, inasmuch as the Delegates would act by immediate commission from him.
	To which the Governour believes he might have answered (the copy of his letter being mislaid) that he could not interfere in it.
	(b) Same to Same, 21st June, 1725. Refers to his Memorial to H.M. concerning his jurisdiction in the Plantations, now under consideration. Continues:—Though I am very far from grasping at power, yet if they should not think fit to give me, at least, so much as may have a face of regular jurisdiction, and justifie the name of Ordinary over the Plantations, I shall have nothing to do but to quit both name and care and confine myself to my English jurisdiction, and I may fairly think my authority abroad at an end, if they do not give me full power at least to correct in a judicial way the lives and manners of the clergy, and to enforce a due provision of all such things as the laws require, for the decent performance of God's publick worship, with power to hold regular visitations in order to enquire into the crimes and defects abovementioned.
	(c) Governor Worsley to the Bishop of London. 14th Nov., 1725. Reply to preceding. Concludes:—Although nobody can wish your Lordship greater powers etc., than myself yet, in this particular, I dread the consequence of it. Copies. 1¾ pp. [C.O. 28, 44. Nos. 104, 104 i, 69.]
Nov. 10. Barbados.	333. Governor Worsley to the Duke of Newcastle. Has received and will comply with His Grace's commands of 26th March last, "to use all proper and legal means that no injustice be done to Sr. Mathew Decker, in his prosecuting here Mr. William Gordon, Minister of Bridgetown, for a considerable summ of money" etc. Signed, Henry Worsley. 2 pp. Enclosed,
	333.i. Duplicate of No. 332, ii. [C.O. 28, 44. Nos. 105, 105 i.]
Nov. 10. Barbados.	334. Governor Worsley to the Council of Trade and Plantations. Acknowledges letter of 6th of July. Continues:— The Order in relation to the Negro Act I immediately laid before the Council, and ordered a copy to be sent to the Assembly, that they might know how another may be regularly passed, and they are preparing a new one. Repeats paragraph relating to prisoners released from No. 332. Continues:—I do not find that any of my letters to your Lordships have miscarried, and that the Captains of the ships by whom I send them may take the more care of them, I always take a receipt etc. Refers to enclosures. Signed, Henry Worsley. Endorsed, Recd. 23rd May, Read 20th June, 1727. 3 pp. Enclosed,
	334. i. Account of Negroes imported, Barbados, 4th March, 1708—16 Sept., 1726, by ships named: Total, 49,594. Signed, Jno. Chase, Cl. Com. Pub. accots. 8th Nov., 1726. Endorsed as preceding. 8¾ pp.
	334. ii. Naval Officer's account of negroes imported 25th March 1708—1726. Total, 49,777. Signed, Sam. Wadeson, D. Nav. Offr. 5th Oct., 1726. Same endorsement. 9 pp. [C.O. 28, 18. ff. 318, 319v., 321–329, 330v.]
Nov. 10. Whitehall.	335. Council of Trade and Plantations to the King. In reply to 9th Aug., await the settlement of the boundaries of the Massachusets Bay and N. Hampshire by their Commissioners, which is to be laid before H.M. for his approbation etc. cf. No. 324. Continue:—But in the meantime being inform'd, that the inhabitants of these Provinces, are daily committing great waste in your Majesty's woods, and that by vertue of strained constructions, put upon the laws made here for the preservation of timber, fit for the service of the Royal Navy, they do assume to themselves a right of cutting down the same, within their townships, and do frequently lay out new townships for that end only; we would humbly propose to your Majesty till this right of boundary shall be finally determin'd by your Majesty, orders may be sent to the Governors of these Provinces to desist from laying out of any new townships and generally from making grants of any part of the land contested. And that the said Governors may be injoined to be aiding and assisting upon all occasions to your Majtys. Surveyor and his Deputies, in the execution of their Office for the preservation of the woods. The great destruction that has allready been committed in your Majtys. woods in these Provinces, especially in the parts most adjacent to water carriage, has render'd trees fit for masting the Royal Navy very scarce, and the constant disputes that have been between your Majesty's Surveyor, maintaining your Royal right of reservation on the one hand and the inhabitants theirs of townships and private property on the other, are strong proofs how difficult it is to preserve your Majesty's property in the said woods. For these reasons as well to avoid all occasion of dispute, as to secure a reserve of timber proper for the service of the Royal Navy, for future times, when we receiv'd your Majesty's orders to prepare Instructions for Colo. Phillipps, your Majesty's Governor of Nova Scotia, we propos'd that the said Governor should be restrain'd from granting any lands there, till 200,000 acres of wood should have been set apart for the service of your Royal Navy near the sea coast or navigable rivers wherein no person whatsoever should be permitted to fell any trees, without your Majesty's permission under the highest penalties. But as this has not yet been done, we think it our duty upon this occasion humbly to represent to your Majesty how necessary it is that the Surveyor Genl. of the Woods or in his absence your Majesty's Governor of that Province, should be directed without further loss of time to set apart the said 200,000 acres of land, your Majesty's service being greatly concern'd therein, as well for the preservation of the timber as for the peopling of that Province, which cannot be settled till the Governor shall be at liberty, to grant lands there under the restrictions and reservations in his Instructions for that purpose. Nova Scotia is a very valuable Province in many respects, it is capable of producing Naval Stores of many kinds in great quantitys; and the best Fishery in America is now on that coast, but your Majesty has at present no subjects settled there, besides a part of Col. Phillipp's Regiment, and some few inhabitants whom the advantage of the Canco Fishery has drawn thither; But the French have still near 3000 people settled in the heart of this Province, who according to the Treaty of Utrecht, ought long since either to have quitted the country, or to have taken the oaths of allegiance to your Majesty, both which they have hitherto refus'd to do; and will in all probability continue to do so till your Majesty's subjects there shall be strong enough to compel them to it. [C.O. 5, 915. pp. 478–482.]
Nov. 10. Whitehall.	336. Council of Trade and Plantations to the Duke of Newcastle. Enclose following to be laid before the King. Annexed,
	336.i. Same to the King. Representation on Bahama Islands, recommending the grant of a supply of stores of war and that the Governor be empowered to call an Assembly etc. Set out, A. P. C. III. pp. 194–196 q.v.
	336. ii. Account of Stores of War brought to the Bahama Islands by Governor Rogers and Governor Phenney, with what remained thereof Jan. 1st, 1726. [C.O. 24, 1. pp. 84–90.]
Nov. 12. Bristol.	337. Sir Abraham Elton to the Council of Trade and Plantations. Recommends following case and requests the Board to order repayment of the duty etc. Sir Philip Yorke is also of opinion that the ship was not liable to said duty etc. Signed, A. Elton. Endorsed, Recd. 14th, Read 15th Nov., 1726. 1¾ pp. Enclosed,
	337. i. Opinion of Sir Philip Yorke on the case of the John and Betty of Bristol, John Gale, master, which was moored in Rappahannock river, 10th June, with rum from Barbados, but was not reported at the Custom house till 14th or 15th:—Importation is accounted from the time of the ship's coming within the limits of a port with intent to lay the goods on land etc., therefore if the place in Rappahanock river at which she was moored on 10th June was within the limits of the port, then the rum is not liable to the duty imposed by the Act for laying a duty on liquors imported, for the duty not commencing till from and after 10th June, there was no such duty in being at the time of this importation. 2nd Nov., 1726. Signed, P. Yorke. Endorsed, Recd. 14th, Read 15th Nov., 1726. 1 p. [C.O. 5, 1320. ff. 88–89, 90v.]
Nov. 14. Spanish Town, Jamaica.	338. President Ayscough to the Council of Trade and Plantations. Encloses duplicate of 1st Nov. etc. Continues:— I have at the desire of the Council sent the Assembly a message reminding them of what I laid before them at the opening of the Sessions, and desiring them to proceed without delay upon the draught of the bill for perpetuating their laws etc. What the success of this affair will be is as yet hard for me to determine, but their dilatory proceedings seems a bad omen; The chief pretence they have, or reason given, for not taking H.M. recommendations into their consideration before this time is, that the late hurricane has prevented several of their Members attending the publick service whereby they have not as yet had a full house; however plausible this pretence may be I really cannot flatter your Lordships with success even from so gracious a recommendation as the King has made, for that spirit still rages in a certain Member of the Assembly, who has been often named to your Lordships by former Governours and who has a considerable influence in that house that he appears now in a vehement manner against the draught of this bill, without any other reason or cause that I can learn but that he imagines the provision made for the soldiers in this perpetual bill will render Assemblys useless and consequently his power in distressing of the Government of less weight; thus much I could not but, in justice to H.M., say of him; and it is surprising that one who has always opposed H.M. commands and recommendations should still be continued from home an Officer under H.M. here, which tho' of small profit yet makes others believe his proceedings are approved at home, there being no resentment shown against him. Some days ago Captn. Brand Commander of H.M.S. the Winchelsea, arrived here from Admiral Hosier, who brings an accot. that they had left the Bastamentas and drawn nearer to Carthagena for refreshments and change of air. The snow commanded by Capt. Kelsall, who was hired at the publick charge to convoy Her Grace the Dutchess of Portland as far as the latitude of 34 No., is returned hither and brings an account that he parted with her Grace in that latitude; but the day after he met with a violent storm etc. which obliged him to put into New York. Signed, J. Ayscough. Endorsed, Recd. 10th, Read 13th Jan., 1726/7. Enclosed,
	338. i. Naval Officer's List of ships damaged in the late hurricane at Jamaica. (v. 1st Nov.) Signed, Mos. Montell, Naval Officer. Endorsed as preceding. 1½ large folded pp. [C.O. 137, 16. Ff. 334, 334v., 335v.–336v.]
Nov. 14. Spanish Town, Jamaica.	339. President Ayscough to the Duke of Newcastle. Repeats preceding covering letter. Signed, J. Ayscough. Endorsed, R. 12th Jan. 2½ pp. Enclosed,
	339. i. Duplicate of No. 338. i. [CO. 137, 52. ff. 302–303v., 304v.–305v.]
Nov. 15. Whitehall.	340. Mr. Popple to Sir A. Elton. My Lords Commissioners have had under their consideration your letter of the 12th instant etc. They conceive it necessary to have Sir P. Yorke's opinion (therein enclosed) under his hand etc. Desires him to send the original etc. [CO. 5, 1365. p. 305.]