America and West Indies: November 1727

Pages 388-407

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

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November 1727

Nov. 1.
St. Christophers.
771. Lt. General Mathew to the Council of Trade and Plantations. I transmitt by this oportunity to Mr. Butler, Agent for Nevis, to be presented to your Lordships, an Act dated at Nevis the 7th July last, for raising a poll tax on negroes etc., which requires no observation of my own upon it etc.; also, Minutes of Assembly 1st June—2nd Oct., and an accot. of the yearly ascertained expence of that island and revenue etc. (v. enclosures). Continues:—There is but one clergyman in the whole island. I send your Lordships his yearly accot. of burials and christenings etc. The Churchwardens of the other parishes can give me no information. Refers to enclosed accounts of forts and stores. Continues:—I pray on this article your Lordships will take in good part an observation I presume to offer on the 80th Instruction. The words "And whereas we have thought fitt to give particular directions for applying the duty of 4½ pr. ct. in our Carribbee Islands towards the repairing and erecting fortifications" etc. I would humbly propose be alter'd etc. It has allways furnisd a pretext to those that are unwilling to sett a publick good at parallel with their private advantages, for opposing any motion for fortifying these Islands, or furnishing the magasines, and has often supported that opposition. Refers to other enclosures, including Minutes of Council and of one day's meeting of Assembly of Montserrat since Col. Hart's departure. Continues:—I shall hereafter be able to accompt to your Lordshipps, when I have been at that island, why these meetings are so rare, and why the Courts of Sessions have been adjourn'd from year to year, without doing any buisness, to keep people under recognizances and in terrorem. Of this sort I have nothing to send but copy of an Inquisition on a murder committed there the other day by one of the Govournors servants, fledd from Justice. Refers to further enclosures. Continues:—I have not received as I expected the several accompts relating to Antego and the ship sails this evening etc. Your Lordships can but observe many wanting even from among those sent. I assure your Lordships I cannot help it. I sent orders to the respective officers to have them returnd to me ever since 18th Sept. last. I know not how to force them to do their dutys. And even these many of them are not fairly abstracted as directed etc. I hope the scheme I have mentioned already, and which I can compleat when I get to Antego will please your Lordships better than this farrago of papers, and I humbly offer to your Lordships, whether the proceedings in our Courts of Justice, which are very voluminous, may not be excused for hereafter. This is what I find hardest to be got, from their bulk. Your Ldps. best know what use they can be, or ever were of, in England. Colonel Hart left me here somewhat under his displeasure, and his friends think it their duty to him to be angry with me too, and to throw obstacles in my way, even against the publick good. I seek nothing else, I ask nothing for myself. They are clamorous enough here, if it reach your Lordships' ears, I pray I may be heard too etc. This is only in the island of St. Christophers. Signed, William Mathew. Endorsed, Recd. Read 9th Jan., 1727/8. 6 pp. Enclosed,
771. i. Annual public charges of Nevis:—Gunner and 10 matrosses, £250, Clerk of Assembly, £40, Country waiter, £20. Rent of Court hall, Assembly room and Council Chamber, £25, of Secretary's office, £25,= £360. Signed and endorsed as preceding. 1 p.
771. ii. Account of Revenue (487 65. 8d.) and expenditure (517 175.) of Nevis, June 1st—Oct. 10th, 1727. Signed and sworn, Edwd. Bridgwater, Treasurer. Same endorsement. 3 pp.
771. iii. Accounts of charges upon account of the fort, prison, stocks etc., Nevis. 3 1/8 pp.
771. iv. Account of 3d. tonnage on vessels. 1 p.
771. v. Account of arrears received. ½ p.
771. vi. Account of levy raised June 1st—10th Oct., 1727. 1 p.
771. vii. Account of levies, 1725 (£102 13s. 9¾d). 1 p.
771. viii. Account of (8) licences (at £l 11s. 3d.). 1 p.
771. ix. Account of liquor duties, June 1st—10th Oct., 1727. £62 5s. 10d. ¾ p. Nos. iii–ix. Signed, Edwd. Bridgwater.
771. x. Account of negroes imported since 25th March, 1727. 12 at an average price of £27 3s. 6d. this money. 23 re-exported. Endorsed, Recd, (from Mr. Butler), Read 9th Jan., 1727/8. ½ p.
771. xi. Christenings (8) and Burials (12 male, 1 female) in the parish of St. Paul, Nevis, Michaelmas 1726— 1727. Signed, Robert Robertson, Minister. Endorsed as preceding. 1 p.
771. xii. Account of H.M. forts and platforms in Nevis and stores of war in Charles Fort, 3rd Oct., 1727. Signed, John Richardson, W. Hopkins. Same endorsement. 1 large folded p.
771. xiii. Inquisition and depositions relating to the murder of William Saul by Isaac John Potier. Plymouth, Mountseratt, 27th Sept., 1727. Endorsed, Reed, (from Mr. Beek), Read 9th Jan., 1727/8. 4½ pp.
771. xiv. Account of export duty on sugar, molasses and rum, St. Christophers, 1st June—29th Sept., 1727. Signed and sworn to by, Drewry Ottley, Treasurer. Endorsed as preceding. 5¼ pp.
771. xv. Account of expenditure, St. Christophers, 1st June—20th Sept., 1727. £988 13s. 6d. Signed and endorsed as preceding. ½ p.
771. xvi. Account of negroes imported, St. Christophers, 25th March—25th Sept., 1727. Total, 381 in 4 ships. Signed and endorsed as preceding. ½ p. [C.O. 152, 16. ff. 69, 70, 71, 72, 73, 74, 74v., 76, 77v.–79, 80, 81, 82–83, 84, 85, 86, 87, 88, 89–94, 95v.–98, 99– 100, 101v., 102, 103v.]
Nov. 2.
St. James's,
772. Order of King in Council. Approving Representation of 31st Oct., and ordering an Instruction to Governor Hunter not to assent to a duty upon negroes landed in Jamaica for refreshment only etc. Set out, A. P. C III p 160 q.v. Signed, Temple Stanyan. Endorsed, Recd. 2nd, Read 6th Nov., 1727: 3 pp. [C.O. 137,17. ff. 23–24v.]
Nov. 4.
773. Duke of Newcastle to the Council of Trade and Plantations. H.M. having been pleased to appoint William Burnett Esq. Governor of the Provinces of the Massachusets Bay and New Hampshire, in the room of Samuel Shute Esq., draughts of his Commissions and Instructions are to be prepared etc Signed, Holies Newcastle. Endorsed, Recd. 6th, Read 7th Nov., 1727. ¾ p. [C.O. 5, 870. ff 9, 10v.]
Nov. 6.
774. Lt. Governor Dummer to the Council of Trade and Plantations. About a fortnight since I received your ltr. of the 26th of June sign'd by your Secretary Mr. Popple, etc. The Agent for this Province having for some time past been under an ill state of health and oblig'd to go into the country for the benefit of the air and some relaxation from business is doubtless the occation that your Ldships was not seasonably acquainted with the substance of the Address mentiond. I shall give orders to the Secretary according to your Lordships directions to transmit directly to you all the publick papers relating to the affaires of this Province. I have lately wrote to your Lordships of the 15th of August and the 9th Sept. past etc.: the first contain'd the accounts of the final ratification of the peace, the latter of my pursueing the directions of your Lordships in 2 letters viz. 26th of June and 11th of July. Since my last ltr. some Indians of Cape Sables who have lately removed into the midest of Cape Britton etc. and other Indians of Cape Sables, have lately committed divers barbarous acts of hostility upon an English vessell at Newfoundland and some other fishermen that were at anchor at Cape Sables, upon wch. I am now taking measure to get the Penobscot and other Indians who are parties to the late Peace to endeavour to finde out the guilty and bring them to justice, and otherwise to put in execution the last additional Article of the late Treaty with them, of all which proceedings I shall give your Ldships a full account as well as of all other publick affaires worth your notice. Signed, Wm. Dummer. Endorsed, Recd. 28th Dec, 1727, Read 24th May, 1728. Holograph. l½ pp [C.O. 5, 870. ff. 101, 101v., 102v.]
Nov. 7. 775. Robert Johnson to the Duke of Newcastle. I haveing accidentally procur'd a coppy of a paper put in by five of ye Lords Props, of Carolina to the Rt. Honble. the Lords of H.M. Privy Council very much reflecting on me: I did petition their Lordsps. to be heard to vindicate myself from their unjust calumnys, but understanding that cannot be granted etc., encloses following. Signed, Robt. Johnson. 1¾If pp. Enclosed,
775. i. Answer of Robert Johnson to as many of the reasons as relate to him offerd by the five subscribing Lords and Proprietors against his being appointed Governor of S. Carolina. 5 pp. [C.O. 5, 387. Nos. 78, 78 i.]
Nov. 7.
776. Council of Trade and Plantations to the King. Submit following. Annexed,
776. i. Draft of Additional Instruction to Governor Hunter as to duty on negroes, in accordance with Order of 2nd Nov. [C O. 138, 17. pp. 238–240.]
Nov. 8.
777. Council of Trade and Plantations to the Committee of the Privy Council. Enclose Additional Instruction relating to pirates' effects etc. (v. 26th Oct.) for Governors Hunter and Montgomery etc. We shall insert directions to the like effect in all future Instructions to Governors etc. [C O. 324, 11. p. 52.]
Nov. 12. 778. Mr. Fane to the Council of Trade and Plantations. Report upon Act of Antigua for the better securing the title of George Thomas, nephew and heir of William Thomas etc. The Act recites that William Barnes the elder, 1695, devised the residue of his real and personal estate to his son John Barnes for life with remainder to the heirs of his body in tail and for want of such issue with the like remainder to his second son William Barnes, with remainder to his third son Thomas Barnes in fee. Therefore the design and intention of the Act is to vest an estate in fee in the said William Barnes against all persons claiming by descent devise or otherwise under or from William Barnes the elder etc. I apprehend it is a question not yet judicially determind, whether a fine and recovery levied and suffered here of lands in the Plantations will have any operation or effect there, and as no method of that sort was ever put in practice or established in any of the Colonies abroad, the Legislature very wisely and politickly considering the inconveniences that might arise from the want of it in a trading country, instituted a method of cutting off entails by private Acts of Assembly to supply the want of it, and wch. method has been long used and entirely approved off; and I take it that your Lordships in approving acts of this sort are only to consider whether the person who applies to the Legislature for such an Act has such an interest vested in him as he would be permitted in point of law, supposing his estate was here to do the same act by fine and recovery. If that is so, I apprehend then that John Barnes, the son of William Barnes the elder who has contracted for the sale of this Plantation, has an estate tail vested in him by the will of his father and consequently might by fine and recovery barr all the subsequent remainders, as he has done by this act. The late Lord Chancellor West when this act was under consideration was unwilling to advise your Lordshipps to pass it, unless there was the consent had of Thomas Barnes, the younger brother to whom a remainder in fee after the determination of ye estate tail is limitted. For my part I can't see the necessity of such a consent, for if such an estate in law is vested in John Barnes as would enable him to levy a fine and suffer a recovery here, any objection that might be made to the passing of it on the part of the remainder man, would not be at all regarded, and consequently should not in this case, which is entirely a resemblance of it. Signed, Fran. Fane. Endorsed, Recd. 13th, Read 15th Nov., 1727. 3 pp. [C O. 152, 16. ff. 44–45v.]
Nov. 12. 779. Same to Same. Has no objection to the Act of Antigua, 1724, for constituting a Court to hold plea of foreign attachments according to the customs of the City of London, "it not being in my opinion in the least detrimental or injurious to the Brittish trade." Signed, Fran. Fane. Endorsed, Recd 13th, Read 17th Nov., 1727. 1 p. [C O. 152, 16. ff. 46, 47v.]
Nov. 13.
780. Richard Harris to Mr. Popple. By the Instruction ordered for Governor Hunter (v. 2nd Nov.) the Separate Traders are not relieved from the burden of the duty upon negroes imported into Jamaica, as the South Sea Company are, though for the three last years they have paid more for their import duty than most of them have got by their voyages etc. Signed, Rd. Harris. Endorsed, Recd. 14th Nov., Read 6th Dec, 1727. 4 pp. [C O. 137, 17. ff. 25–26v., 27v.]
Nov. 13.
St. James's.
781. Order of King in Council. Approving additional Instruction to Governor Hunter, relating to duties upon negroes (v. 2nd Nov.). Signed, Edward Southwell. Endorsed, Recd. 29th, Read 30th April, 1728. 1 p. [C O. 137, 17. ff 38, 38v., 39v.]
Nov. 13.
St. James's.
782. H.M. Additional Instruction to Governor Hunter. As preceding. Signed, G. R. [C O. 324, 36. pp. 18, 19.]
Nov. 14.
783. Duke of Newcastle to the Council of Trade and Plantations. You are to prepare an Instruction for Lt. Gov. Pitt relating to his appointments agreable to that which was prepared for Mr. Hope etc. (6th Sept., 1721). Signed, Holies Newcastle. Endorsed, Recd. 15th, Read 17th Nov., 1727. 1 p. [C O. 37, 12. ff. 2, 5v.]
Nov. 14.
784. Mr. Popple to Mr. Attorney and Mr. Solicitor General. Encloses petition of Clergy of the Massachusets Bay. Continues:—Three of the Acts in question have long since received the Royal assent, vizt. (i) for the settlement and support of Ministers and Schoolmasters, (ii) for explaining and altering clauses in an Act of 1692, and (iii) in addition to the Act for the settlement of Ministers etc. Their Lordships desire your opinion, whether these Acts are repugnant to the Charter, and if they are so, whether it be now in the King's power to repeal them etc. [C O. 5, 916. pp. 13, 14.]
Nov. 15.
Middle Temple.
785. Mr. Newman to the Duke of Newcastle. Has received two Addresses from the Government and Clergy of New Hampshire to present to the King etc. Signed, Henry Newman. 1 p. [CO. 5, 10. No. 10.]
Nov. 15.
Ludlow Castle, in Lisbon River.
786. Commodore St. Lo to the Council of Trade and Plantations. Encloses following as "matters touching the fishery in the most essential part" etc. Continues:—Thomas Salmon, fisherman and planter, has been more industrious in the Fishery than any man in Newfoundland, for since he has been forct from Placentia by Lt. Govr. Gledhill he has killed 3,200 quintalls of fish and has saved of traine and seale oyle 83½ tons, besides the building up of houses, flakes, stages etc. for the improvement of the fishery of Little Martier, where he has been but three years. Recommends his petition (encl. i) to be allotted a plantation at Placentia, "wch. if your Lordsps. shall think fitt to do, and that fishery carried on without molestation, above 30 families would croud to that harbour where there is always good fishing and extraordinary voyages made, and I am confident, in that harbour, and in the Bay and Islands belonging thereto (wch. I have this year settled and improved) above 100,000 quintalls of fish might be yearly made there, wch. this year only comes out to 44,900, so that I have been vastly short by saying that the fort at Placentia is but £20,000 loss annually to the Revenue (v. 30th Sept.). Signed, Jon. St. Lo. Endorsed, Recd. 18th Dec, 1727, Read 2nd April, 1728. 1 p. Enclosed,
786. i. Thomas Salmon to Commodore St. Lo. Sept. 30, 1727. Describes his work at Little Martier and prays him to represent his case to the Council of Trade etc. cf. preceding. Signed, Tho. Salmon. 1 p.
786. ii. Petition of Tho. Salmon to Commodore St. Lo. (i) Petitioner was armourer in the Tower six years, and to the Garrison of Placentia 9, and then discharged. (ii) Then, having a numerous family, he kept fishing boats here as a planter, and a house of entertainment. (iii) In Oct. 1723 he was forced from his house by Lt. Govr. Gledhill, by soldiers, and kept prisoner 12 hours, (iv) Petitioner, the end of the season 1723, went for England. In Dec. the Lt. Gov. ordered a file of soldiers to bring petitioner's wife, then bigg with child, into the garrison, beat her, and kicked her out of the garrison, (v) In Jan. following he ordered soldiers to bring petitioner's daughter, not 14 years old, into the garrison, and from thence was drum'd through the town. This caused petitioner's wife to be taken in labour before her time. She sent for Mrs. Clark, the only person here for undertaking that affair, but Lt. Govr. would not allow Mrs. Clark to assist her. (vi) Petitioner's wife and daughter some time after were forced from his house by soldiers and kept prisoners in the garrison, and much beaten by Lt. Govr. Gledhill's spouse, (vii) His servants have often been forced by soldiers into the garrison and kept prisoners, to the great prejudice of his fishery, (viii) Can produce evidence of above. Prays for restitution and licence to keep a house of entertainment.
Lt. Govr. Gledhill to Capt. St. Lo. Replies to preceding. (i) He was broken for insolence, (ii) Kept fishing boats under colour for another, (iii) I had him prisoner, once for stealing and once for passing false money, (iv) A libel, (v) Mrs. Clark was my hired servant and in consideration of what company that infamous woman kept, I forbad her etc. (vi) A libel, (vii) Committed for thievery or drunkenness, (viii) The proof may be Irish evidence. As it is a family being Popish Recusants convict by law uncapable of keeping a public house, and much more, a disorderly one, nay for greater crimes I've called in their licence etc.
Remarks by Capt. St. Lo on above, in favour of Thomas Salmon. "After he became a fisherman and planter, he was not under the jurisdiction of the Lt. Govr., and his presuming to confine a fisherman is a great prejudice and obstruction to the Fishery, and if any do amiss the Admiralls (in my absence) are to rectifie and settle all matters in dispute. As to his being charged with theft, the poor man desired to be heard, and was examined at a publick Court, which I called on that accot., and the Lt. Governor being there, he could not make good that accusation. He did pass false money, but then it was such as the Lt. Govr. coined himself and gave orders for the same to pass current in that place" etc.
Certificate by Fishing Admirals etc. Placentia Harbour, 6th Aug. 1724 (cf. C. S. P. Oct. 3, 1725), to Commodore St. Lo. Thomas Salmon is a sober and honest man etc. He encourages trade here very much, and would more, if was not hindred etc. He is well affected to H.M. King George etc. Signed, Wm. Hall, Admiral and 12 others. The whole endorsed, Recd. 18th Dec, 1727. 7 pp. [C O. 194, 8. ff. 142, 143v.–147v.]
Nov. 15. 787. Petition of Major General Hunter to the King. Enclosed report shows that petitioner is owed £20,769 6s. 1d. for subsisting the Palatines in New York, according to his Instructions as Governor, 26th Jan., 1710, no part of which has been paid for want of provision in Parliament. Prays for relief. Signed, Ro. Hunter. 1 p. Enclosed,
787. i. Edward Harley, Auditor, to the Lords Commissioners of the Treasury, 31st March, 1724. In obedience to their Lordships order of Sept. 22, 1721, has examined General Hunter's payments and receipts and reports as above. Signed, E. Harley. Copy. 8¼ pp. [C.O. 5, 1085. Nos. 67, 67 i.]
Nov. 15.
788. Council of Trade and Plantations to the Duke of Newcastle. Refer to representations of Nov. 10, 1726 and 20th Jan. last on want of stores for the Bahama Islands and enclose extract of letter from Governor Phenney 20th April, and affidavit as to plundering by a Spanish periagua. Conclude:— In our humble opinion no time ought to be lost in an affair of so great consequence to the Plantation trade, especially now when it is reported that the Spaniards lay claim to the Bahama Islands. Autograph signatures. 2 pp. Enclosed,
788. i. Extract from Governor Phenney's letter, 20th April 1727. 1¼ pp.
788. ii–iv. Copies of encl. i, ii, iv, April 20. [C O. 23, 12. Nos. 91, 91 i–iv; and (without enclosures) 24, I. pp. 95, 96.]
Nov. 17.
Annapolis Royal.
789. Lt. Governor Armstrong to the Duke of Newcastle. I send your Grace a duplicate of my last and now proceed to give you an accot. of all the most material occurrences since that time, which I should have done sooner, but an unforeseen accident of which I shall acquaint your Grace in the sequel prevented me. Being in want of a quorum of the Council for H.M. immediate service, I conven'd all that remain'd of the old Members and acquainted them with my intention of compleating their number to seven according to H.M. Instructions and as there was not one inhabitant qualified or worthy of that honour in this place that I was under an absolute necessity of admitting the military officers, tho' I was under some difficulty because these gentlemen would not sitt below them (their rank in the Army being much superior) yet that I had thought of an expedient till H.M. pleasure therein should be known, wch. I desired they would agree to viz. that they should sitt on my right hand and the Captns. on my left etc. (v. Minutes of Council encl. i). Two of the Members Mr. Adams and Dr. Skene consented, but Mr. Shirref, the Commissary of the Musters protested against sitting at all but in his place till first determin'd by H M however on my promise of paying him £25 sterl. a year out of my own pocket for acting as Secry. he seem'd easy, and thereupon we began to do business, but he soon after growing discontented absolutely refused to act any longer in that station and withdrew, which obliged me to employ a Lieut. of the Garrison who acts now in that office. But before all this happen'd, I laid before the Board the reports of two of the Officers whom I had sent to Mines and Chicanectou etc. (v. April 30th) with the inhabitants' answers. The Council was of opinion that both their answers but especially that of Checanectou was full of insolence and contempt. However being resolved to act with as little precipitation as possible, I moved that the Secretary should write them a civil letter to invite the principal men amongst them hither in order to reason with them on their undutifull behaviour and to convince them if possible of the folly and danger of persisting in their disobedience with so much obstinacy, but this had no other effect than to make their contempt of the Government more manifest, and I'm sorry to tell your Grace that this proceeds very much from the bare suggestions of one or two traders who have left no stone unturn'd to render my actions black and designs abortive to the great prejudice of H.M. service and interest here. None of the inhabitants appearing here on the aforesaid letter, I thought it was high time to do something to raise the authority of the Government which was sunk so low and become contemptible by their having escaped hitherto with impunity notwithstanding their having committed so many vilanys and robberys as would be endless to relate. I therefore desired the opinion and advice of the Council what means I should use to bring them to a sense of their duty, they agreed that the most effectual would be to restrain the traders from going up the Bay to buy their wheat, which in a short time must bring them very low, because their whole trade and riches consists in grain and this was what the late Lt. Govr. Doucett did intend and was pursuing when I arrived in the province, and as appears by the Records, induced thereto by a representation made him by one of the foresaid traders etc. (v. encl. ii). Continues:—The author from some years trade and conversation pretends to draw them in their proper colours, but whether their character in that paper agrees with his present sentiments I cannot tell, but this I know that after I had issued out an order (v. encl. iii), by and with the advice of the Council, to prohibit the aforesd. trade both he and one Blin a Boston trader had the insolence to go thither with their sloops, which is such a wound to H.M. royal authority vested in the Governor and Council that nothing but an exemplary punishment can ever repair. I therefore humbly beg that your Grace will honour me with H.M. Instructions on that head with directions how to behave myself in that point for the future, for if H.M. British subjects are suffer'd to treat his Council with such indignity and contempt what can we expect from the French here who are most implacable enemies to both our nation and religion and what in my humble oppinion makes the aforesd. traders more inexcusable is, that after upon their solicitations to go up the bay, the necessity the garrison was like to be under for want of bread and the French of this Rivers representation of their inability either to supply themselves or us with the same (v. encl. iv), after I say I was prevailed on for these reasons to lay this matter again before the Council only on their giving in bond of about £300 ster. as in Govr. Philipps' time to bring their wheat into this port before they should carry the same out of the province, they rejected my kindness with scorn, tho' to encourage them they were assured that I should desire but 30 hhds. of wheat from each of them which was hardly sufficient for the supply of H.M. troops here and at Canso who were reduced to the last extremity by the delay of the storeship but nothing could move them from their obstinate resolution to return to Boston rather than pursue their voyage on any terms and to aggravate their offence absolutely refused to carry the Governmts. packets tho' on H.M. service. I have been since advised that they have rais'd a great clamour against me which by their money inventions and other practices they have made as specious as possible. But I have that confidence in H.M. justice, your Grace's candour and my own innocence, that I cannot fear their malice and am more concern'd, least I have trespassed on your Grace's patience etc. Continues:— Another vessel coming in to the measures proposed which the others rejected had leave to go, by and with the consent of the Board and this opportunity I embraced to send to the Indians of those parts some circular letters to dissipate some fears and jealousys created by some reports in all probability forged by the French and to invite them hither to receive some tokens of our friendship and to renew with them a good understanding. I must now beg your Grace's leave to open a new scene of matters that happen'd, upon the death of his late Majesty of blessed memory, after I had proclaim'd his present Majesty etc. both in town and garrison with the usual solemnity. I tender'd to both officers and soldiers the oaths appointed by law which they took very cheerfully, and having summon'd the Council, it was agreed to tender them likewise to the French inhabitants of this river who had taken them to the late King, but because some malicious people had insinuated that the oath taken by them to his late Majesty was conceived in such rigid terms that it was unjust to exact it of Roman Catholicks who on the other hand would unanimously concur to take the oath of Allegiance, it was therefore thought meet to tender the same to them translated into French as follows vizt. Je promets et jure sincerement que je serai fidele et obeirai veritablement a sa Majeste le Roy George le second. Ainsi, Dieu me soit en aide. The Deputys desir'd me to sett a day to assemble the inhabitants at the Fort and to give them an order for that purpose, which I order'd to be drawn, and the same being read and examin'd in Council was approved of and ordered to be forwarded to the Deputys Bourg, Landry and Bourgeois, but they instead of complying therewith assembled the people two days successively up the River; where instead of perswading them to their duty by solid arguments of which they were not incapable, they frighten'd and terrified them by representing the oath so strong and binding that neither they nor their children should ever shake off the yoak; so that by their example and insinuations the whole body of the people almost to a man refused them but upon certain conditions sett forth in a paper the Deputys presented me with (v. encl. i), which being read in Council, was judged so very insolent and undeserv'd at their hands that it was order'd that Landry and Bourgeois should be sent to prison and laid in irons as ringleaders where they continued some days but were at last admitted to bail, till H.M. pleasure therein should be known, which I earnestly beg your Grace will please to send me with directions how to proceed as well in regard to them as the other inhabitants whom the Council has thought fitt to debarr from fishing pursuant to his late Majesty's instructions, art. 13, and from navigating otherwise than according to law. Pursuant to the Orders of H.M. Privy Council and the directions of the Lords Commrs. of Trade and Plantations, to proclaim H.M. in all the proper parts of the Government, I have charterd a vessel for that voyage for £100 sterl., and have putt on board a commission'd Officer with a command of soldiers who after a long and uncomfortable voyage is now return'd. I cannot say but the gentleman has acted very well as far as the proclaiming of H.M., but in tendring the oaths he has fallen into very great errors—by making some unwarrantable concessions which I have refused to ratify, but the Council has thought meet to transmitt home a copy (No. vi) of his whole proceedings for your Grace's perusal that his Majesty may see the presumption and unparallel'd impudence of those people. I have within these few days reed, advice by an express sent me by the Lt. Governor of New England of some murthers and other hostilitys committed on H.M. subjects by some Indians within 15 leagues of Canso, and by a letter from Monsr. St. Ovide, of their having seiz'd a sloop and cargo at Port le Basque in Newfoundland (v. end.). I have order'd Capt. Bennett who has the honour to bear this packett to your Grace to call in if possible at Cape Breton and demand restitution, for notwithstanding the French Govr's. apology I am convinced that the French are at the bottom concern'd in order to disturb and discourage our fishery etc. The places of most of the Councellors appointed by Govr. Philips according to the Vth Art. of his Instructions are become void, many of the members being gone and settled in other provinces so that there is not above three upon the spot to attend the Board and as there is not one inhabitant here fit to supply their room, I am humbly of opinion that H.M. further Instructions are absolutely necessary towards forming a Council, what I have done being only in the interim till such directions shall arrive. The Military Officers, who are the only subjects H.M. has here who are any ways qualified for that service will think it hard to be subjected to others, since H.M. has not three faithful subjects in the place besides themselves and the troops they command, etc. Signed, L. Armstrong. Endorsed, Rd. Jan. 23rd. 12 pp. Enclosed,
789. i. Minutes of Council of Nova Scotia, 13th May—13th Nov., 1727. 44 pp.
789. ii. Memorial by William Winnet to Lt. Governor Doucett. By some years trade and conversation in Nova Scotia, he hath had opportunity to know the manners and practices of the inhabitants and Indians, especially at Mines, Shecanectou and places thereunto adjacent up the bay. It's very well known that they have slighted and vilifyed H.M. Government by acting in oposition to all such orders as have been sent them. They have at all times entertained and harboured the enemy Indians, and as Mines and these other places (chiefly the Grand Pré) are their places of rendevous, it may be added that some or all of these inhabitants have encouraged them so frequently to rapine and murder, they being the purchasers of their spoils. Memorialist was taken by the Indians and notoriously robbed by both them and the inhabitants of Menis. Most of the other traders have been robbed after the same barbarous manner etc. In his opinion it's contrary to law to have any trade or friendly correspondence with those people up the Bay, especially during the Indian warr, who may from such vile actions be justly deemed pyrates etc. Proposes that vessels should not go up the Bay, which will prevent these insolent people from supplying the Indians with goods thus brought to them and compel them to resort to Annapolis Royal for their necessary supplies etc. 3¾ pp.
789. iii. Order by Lt. Govr. Armstrong. Annapolis Royal, 29th July, 1727. Forbidding all H.M. subjects from navigating to or trading with the French inhabitants at Mines, the places adjacent and Checanectou, they having refused the oath of fidelity etc. Signed, L. Armstrong. Copy. 1 p.
789. iv. Petition of the Deputies of French inhabitants of the River to Lt. Govr. Armstrong. 8th Sept., 1727. The Garrison and inhabitants of this River cannot subsist without the grain brought from the Bay. Pray to be permitted to go up the bay for it and that it be not allowed to be exported until they and the Garrison are supplied etc. Signed, Abraham Bourg, Bernard Godet, Charles Landry, J. Bourgeois. French. 1 p.
789. v. Order by Lt. Gov. Armstrong, 12th Sept., to the Deputies of the French inhabitants of the town of Annapolis Royal, to warn all heads of families to appear on 16th Sept. at 10 a.m. to take the oath of allegiance to K. George II etc. Signed, L. Armstrong. French. 1 p.
789. vi. Deputies of the French inhabitants to Lt. Govr. Armstrong. Reply to preceding. We cannot take any other oath than that which we took before Governor Philips etc., that is, we will take the oath on condition that the following three clauses are inserted in it and signed on both sides, (i) That we shall be allowed the free exercise of our religion, with priests sufficient to practice it, (ii) that we shall be exempt from bearing arms (in) and enjoy our property exactly as hitherto, etc. 71 signatures. French. 3 pp.
789. vii. Ensign Wroth to Lt. Gov. Armstrong. Annapolis Royall, Nov. 13th, 1727. Describes his proceedings in proclaiming King George II in the Bay of Fundy, at St. Johns, Chiconectou, Menis and Pisigitt etc. Oct. 4th and 6th and 7th, and his consenting to the addition to the oath of allegiance of the three conditions demanded by the inhabitants there (as in preceding). The proclamation of the King was received with demonstrations of loyalty. Concludes: I mett with some few stragling Indians at each place, they were intirely satisfyed with the additional article of peace, and parted with me, very friendly. Signed, Robert Wroth. 8 pp.
789. viii. Articles granted by Ensign Wroth to the inhabitants of Mines, Pisiguith etc. (v. preceding). Articles i­iii as in No. vi. Article iv. That they shall be free to withdraw when they think fit and to sell their goods and transport the produce without interruption, on condition that the sale be made to subjects of Great Britain, and that once they shall be outside H.M. territory, they shall be quit of their oath. Signed, Robert Wroth. French. 1 ¼ pp.
789. ix. Oath of allegiance taken by inhabitants of Mines, Pisiguith and dependancies, with the 4 articles as in preceding. About 173 signatures (marks). Copy. 1½ pp
789. x. Copy of oath of allegiance taken by the inhabitants of Chignitou and dependencies, with the three articles granted them by Ensign Wroth (as No. vi). Signed, Robert Wroth. French. ¼ pp.
789. xi. Oath of allegiance signed by preceding. 73 signatures. French. Copy. 1 p.
789. xii. Proclamation of King George II at Annapolis Royal, 8th Sept., 1727. Signed, by Lt. Governor Armstrong, Councillors, Officers of the Garrison of Annapolis Royal, and by Indians and French inhabitants of St. Johns, Chignitou, Pisiguith, Mines etc., Oct. 4th—30th. 115 signatures. Copy. French. 2 ½ pp
789. xiii. Instructions (10) of Ensign Robert Wroth, for proclaiming King George II and tendering the oath of allegiance as above, (vi) You are in case of their complyance to assure them of the free exercise of their religion which otherwise they have no title to as per 14th Article of the Treaty, and that their lands and estates shall be confirmed to them and their posterity etc. Signed, L. Armstrong. Copy. 3 pp.
789. xiv. Governor de Brouillan to Lt. Governor Armstrong. Louisbourg, 3rd Oct. (N.S.) 1727. Returns thanks for his letters and kindness shown to M. Latour. M. Breau, whom you permitted to go to Canada, is returned here to join his mission at Cobeguit. I have been much distressed by the seizure of a Boston vessel by the Indians at Newfoundland. I sent an officer to try to make them give it up, which he could not do; being informed that they meant to burn it, I have bought it at a very low price through an agent, and have written to the owner at Boston, that he can send for it on payment of what the agent gave for it. The savages let me know that they would endeavour on every occasion to destroy and take Boston vessels, in revenge for the savages they hanged last autumn. I am distressed that the Council of Boston should have acted so imprudently as regards the savages at a time when they appeared inclined to make peace in good faith. Having been informed that the Recolet missionary at Beaubassin was behaving irregularly and concerning himself with affairs which did not concern his Ministry, I have ordered him to withdraw to his convent in Canada etc. Is sending in his place a good secular priest, an old man who will cause you no trouble, and asks for your protection etc. Signed, St. Ovide de Brouillan. Copy. French. 3 pp.
789. xv. Lt. Governor Armstrong to Governor de Brouillan. Reply to preceding. I am very glad of Mr. Breau's return whom I look upon as a man of piety and honour etc. I am very much concerned at the advice you give me of the robbery and seizure of the English sloop, of which the Governor of New England has just sent me an account etc. Has instructed Capt. Bennett in his way for Great Britain to call at Isle Royale " to expostulate with you on the subject of the master's complaints etc., of which I inclose a copy, which seames so contrary to the strict union betwixt the two Crowns that I am surprised that the authers of such villany's can have any countenance or sanctuary from the subjects of either, for it's certain that the master[s] was deprived and robb'd of both his vessel and cargo, in a time of peace after a piratical manner etc., and if the authors of this robbery are justly to be deem'd pirats, I may reasonably expect that they be treated accordingly etc. I cannot but observe as an agravation of the master's charge against the people of L'Isle Royall that the three shallop's which brought the Indians to Port le Basque where the master and his vessell were taken appeared under French colours, which makes it very probable that the said shallop's were either lent them or fitted out for that purpose by the French, who have therein been guilty of a very unjustifiable action, for which I must insist upon suitable satisfaction and your speedy answer in order to lay this whole matter before the King my Master." Signed, L. Armstrong. Read in Council, Nov. 13, 1727. Copy. 2 pp. [C.O. 217, 38. Nos. 16, 16 i–xv.]
Nov. 17.
Annapolis Royal.
790. Lt. Governor Armstrong to the Council of Trade and Plantations. Duplicate of preceding covering letter, mutatis mutandis. Signed, L. Armstrong. Endorsed, Recd. 23rd Jan., Read 31st May, 1728. 12 pp. Enclosed,
790 i–xiv. Duplicates of preceding enclosures Nos. ii­xv. [C.O. 217, 5. ff. 37–42v., 43v–45v., 47–48, 49v., 51­54v., 55v.–56v., 57v., 59, 59v., 60v.–61v., 62v–72v., 73v. ; and (abstract of covering letter) 217, 30. pp. 26–31.]
Nov. 17.
791. Warrant from the Council of Trade and Plantations to jomi Rollos, H.M. Seal cutter, to prepare new seals for H.M. Plantations. Seals described. Printed, N. J. Archives, 1st Ser. V. 180. [CO. 324, 11. pp. 53­58.]
Nov. 17.
792. Same to the King. Recommend for confirmation Act of Antigua confirming the title of George Thomas etc. (v. 13th Oct.). [C.O. 153, 14. pp. 273, 274.]
Nov. 17.
793. Mr. Popple to Governor Nicholson. Reminds him of hjs promise, given when he attended the Board, 27th Sept., to give his thoughts in writing upon Capt. Massey's letter relating to the Fort upon Alatamaha River etc. [C.O. 5, 400, p. 231.]
Nov. 20.
Middle Temple.
794. Mr. Newman to the Duke of Newcastle. Another (v 15th Nov.) Address is come to hand from the President and Corporation of the several Colleges at Cambridge in N.E. which they desire may be presented to H.M. by Thos. Hollis Esq. of London and such other Gent, as happen to be in London either as Patrons or Graduates of those Colleges. My Lord, Mr. Hollis is the generous Founder of severll. Professorships and Scholarships in those Colleges to the value of several thousand pounds, and if he may be admitted to the honour of presenting the Address in person, and to be introduced by your Grace with such Gent. as can conveniently attend him, I am sure the honour will be highly esteemed by that Corporation especially if H.M. vouchsafes an answer in the manner that has been done to other learned bodies on the like occasion. And, if yr. Grace approves of it, I would humbly present the N. Hampsh. Addresses at the same time, to receive the honour from His present Majesty which My Lord Townshend was pleased to introduce me to on the like occasion to His late Majesty etc. Signed, Henry Newman. 2 pp. [C.O. 5, 10. No. 11.]
Nov. 20.
New York.
795. Governor Burnet to Mr. Popple. Encloses duplicates of letters Aug. 28 and Oct. 26, and Naval Officer's accounts, 25th March—29th Sept. last. Has received Orders for proclaiming H.M. This comes by the brigantine Catherine etc. P.S. The Assembly not being up, I refer an account of their proceedings to my next. Signed, W. Burnet. Endorsed, Recd. 8th Jan., Read 1st May, 1728. ¾p. Overleaf,
795. i. Duplicates of 28th Aug. and 26th Oct. 1 p. [CO. 5, 1054. ff. 256, 256v., 257v.]
Nov 21
796. Order of Committee of Privy Council. Referring to the Council of Trade the petition of John Greatheed to be restored Chief Justice of St. Kitts and granted a copy of Governor Mathew's reasons for superseding him etc. (v. supra 15th Aug., and A. P. C. III. No. 136.) Signed, Temple Stanyan. Endorsed, Recd. Read 6th Dec, 1727. l ½ pp Enclosed,
796. i. Petition of John Greatheed to the King. v. preceding. 3 ½ pp. [CO. 152, 16. ff. 48–50v., 51v.]
[Nov 21] 797. Copy of reasons given by the three dissentient Councillors of St. Kitts for refusing to approve of the Commander in Chief's nomination of Jeremiah Browne to be Chief Justice, (cf. 15th Aug.) Mr. Greatheed was appointed with our consent quamdiu se bene gesserit, and was not removable at pleasure etc. Signed, Joseph Estridge John Willett, Chas. Payne. 2 1/3 pp. [C.O. 152, 16. ff. 52–53.]
Nov. 21.
798. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Enclose Office accounts from Christmas to Michaelmas. Apply for payment of salaries of Secretary and other Officers for the same period. Accounts, certified, annexed. [C.O. 389, 37. pp. 279–284.]
Nov. 21.
799. Governor Worsley to the Duke of Newcastle. Has now received and published the Proclamation for continuing officers etc. (v. 16th and 26th Oct.). Will write at large shortly in relation to the Assembly. Continues :—The 30th Oct. I prorogued them to the 9th of the next month, and having received the aforesaid Proclamation, I design to prorogue them for three or four months longer, and do not think it proper to let them sit, or call a new Assembly till I have the honour to receive H.M. commands upon their past conduct. Signed, Henry Worsley. Endorsed, R. Jan. 8. 2 pp. [C.O. 28, 44. No. 116.]
Nov. 21.
800. Same to the Council of Trade and Plantations. Duplicate of preceding. Signed, Henry Worsley. P.S. This goes by the Italian galley etc. Endorsed, Recd. 6th Jan., Read 29th March, 1728. 2 pp. [CO. 28, 19. ff. 145, 145v., 146v.]
Nov. 22.
801. Mr. Popple to Mr. Scrope. Repeats enquiries of 16th March, relating to draft of bill for preservation of H.M. woods etc. [CO. 324, 11. pp. 59, 60.]
Nov. 24.
802. Lt. Governor Gordon to the Duke of Newcastle. I beg leave to renew my dutifull acknowledgments for your Grace's great goodness to your humble servant and to acquaint you that my predecessor Sr. William Keith does all that in him lyes to disturb the quiet of the peaceable people of this Province. He is possessed of a tract of land consisting of 2,000 acres valued at £40 per 100 acres of this country money which tract he had assigned over to him for her late Majesties' use in part of £2,000 rais'd for the service of the Crown in the Expedition against Canada, the remainder of the £2,000 he receiv'd in specie and to this day never accounted for one farthing thereof. My Lord Duke, I humbly hope that my long and faithfull service in defence of our most happy establishment (when Sr. William was acting a part quite the reverse) may intitle me to H.M. favour preferable to him and therefore I must beg your Grace's assistance for procuring me a grant for said tract of land. This would be a very great instance of your Grace's goodness to your most dutifull servant, besides the answering of another good end which is procuring peace to this Province, for if my predecessor is brought to account for said £2,000, he would not stand it, by which we sho'd get rid of this troublesome man etc. Signed, P. Gordon. Endorsed, Rd. May 15, 1728. Holograph. 3 pp. Enclosed,
802. i. (a) Copy of clauses in an Act of Pennsylvania 1711 for raising £2,000 for the Queen's use, to be paid to the Lt. Governor etc.
(b) Copy of Minutes of Council of Pennsylvania, 12th Nov., 1717. An account of the above money, received by the late Treasurer, was ordered to be called for, and the money ordered to be lodged in Lt. Gov. Keith's hands for H.M. use, etc. 1 p. [C.O. 5, 1234. Nos. 11, 11 i, ii; and (copies) 5, 1233. Nos. 64, 64 i.]
Nov. 24.
803. Council of Trade and Plantations to Governor Worsley. Acknowledge letters of 4th and 15th Aug. " and all the papers therein referred to except the Excise Act, which we desire you will send by the first opportunity." Continue:—We are sorry to observe the differences you have had with the Assembly, in relation to their presenting their Speaker to you for approbation ; but since that matter is now at an end, we shall say no more concerning it. We observe in your letter of 4th Augt. a rule made by the Assembly, that the names of the Members voting for, or against any motion, bill or other proceeding of the House be inserted by the Clerk in the Minutes of the House ; which is entirely contrary to the usage of England, and is a method that may produce very bad consequences. Refer to their letters of 26th June and 11th July with H.M. Proclamations etc. [C.O. 29, 14. p. 430.]
[Nov. 28.] 804. Governor Nicholson to the Council of Trade and Plantations. Reply to 17th Nov. Fort King George was erected in 1720 to maintain H.M. property, it being suspected that the French or Spaniards would take possession of the Alatamaha River, being within the bounds of S. Carolina etc. The fort was properly plac't and is necessary for this purpose etc., " which was also during my residence the opinion of H.M. Council and Assembly, how they came to alter their opinion now will appear by the letters lately left by me with Mr. Popple etc. Altho' the present exigency of affairs may require as they represent calling in the Company nearer home, a detachment from the Company should be sent and relieved at proper times to keep possession of the Fort etc. The hardships the Company may have undergone are a natural consequence attending new and remote settlements but I cannot think they can be so great as represented, and had the officers and soldiers followed my advice they might by raising inclosures and making gardens have had cattle etc. to supply them with fresh provisions. I did alsoe from time to time send them powder and shott and fishing tackle, there being great plenty of deer, wild fowle and fish, and generally maintained some Indians to instruct them in hunting and fishing, whereby they might have saved their pay by victualing themselves. As to the complaint of injurious treatment by the country in not supplying bedding and necessarys when desired, that might be occasioned by my supplying everything when commanding, appropriating to myself only 10s. pr. diem, as Capt. etc. The sickness of the men is much owing to their being Invalids, old infirm unactive and morose, and so lazy and mutinous that could not be prevailed on to fetch themselves wholesome water as the natives did etc. Ammunition should be supplied by the Board of Ordnance and an Engineer sent over to put it in a proper condition or alter the situation etc. Signed, Fr. Nicholson. Endorsed, Recd., Read 28th Nov., 1727. 2 ½ pp. [C.O. 5, 360. ff. 22­23v., and 5, 383. No. 29.]