America and West Indies: July 1734, 1-10

Calendar of State Papers Colonial, America and West Indies: Volume 41, 1734-1735. Originally published by Her Majesty's Stationery Office, London, 1953.

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'America and West Indies: July 1734, 1-10', Calendar of State Papers Colonial, America and West Indies: Volume 41, 1734-1735, (London, 1953), pp. 146-157. British History Online [accessed 23 June 2024].

. "America and West Indies: July 1734, 1-10", in Calendar of State Papers Colonial, America and West Indies: Volume 41, 1734-1735, (London, 1953) 146-157. British History Online, accessed June 23, 2024,

. "America and West Indies: July 1734, 1-10", Calendar of State Papers Colonial, America and West Indies: Volume 41, 1734-1735, (London, 1953). 146-157. British History Online. Web. 23 June 2024,

July 1734, 1-10

July 1.
230. Governor Belcher to the Duke of Newcastle. I had the honour of writing your Grace the 9th of last month upon the matter of a riot committed at Exeter in New Hampshire, and of Coll. Dunbar's complaint to me upon it, and of the people's complaint against him, as also of his disobedience to my orders, and I had long before this transmitted to your Grace the particular state of these affairs, but that it has taken time to get the necessary papers in their proper form and order, which are now done, and I have the honour to cover them, etc. enumerated. Continues: I am sorry to trouble your Grace with such volumes of complaints, letters and replications, but Mr. Dunbar's extraordinary proceedings as Lieut. Governor of New Hampshire, and Surveyor General of H.M. woods make it necessary; the same I also transmit to the Lords of Trade; As to the affair of the riot, upon the first account he gave me of it, your Grace will see in mine of 29 April I was at some loss to know how he came to write to me: since I had seen an order he gave to one Collo. Gilman of Exeter where he presum'd to call himself Commander in Chief of the Province, and if that were so, he cou'd not want my assistance. But I suppose he soon saw his mistake, in that the people wou'd by no means own him to be such, much less wou'd the Govt, allow him so to be. However, let the differences between him and me be what they wou'd, I was determin'd to do my duty to His Majesty, and upon the reciept of his letter of 29 of April, with some examinations he had taken, I gave orders to the President to summon a Council to have a Proclamation issued immediately, which your Grace has herewith, and the same I directed to be put into the publick prints inclosed. After this I order'd H.M. Council at New Hampshire to do every thing in their station for bringing the persons concern'd in the villanous riot to condign punishment. This was all, my Lord Duke, I cou'd do about this vile affair: Your Grace will readily discern with how much prejudice and sowerness Mr. Dunbar writes of the King's Council, and of the Secretary, and of Gentlemen in Commission of the Peace. I shou'd have thought it wou'd have been more for his honour to have avoided all those reflections; and whatever he is pleas'd to say of my supporting people in power, that are making destruction of the King's woods, I must crave leave, my Lord Duke, to say that is a representation without the shadow of justice. I have challeng'd him to make proper proof of anything of that kind, but that I wou'd not turn Gentn. in and out of place upon his ipse dixit, and at his pleasure. I have always been ready to do everything in my station to the utmost of my power for preserving the Royal woods, indeed I can't dishonour H.M. Commission by falling into his violent measures of maiming and threatning to murther the King's subjects, and to enter upon 'em with fire and fagot. I have so much honour for him, as to believe he wou'd not care what came of the King's woods, so he cou'd fix any neglect about 'em on the King's Govr. But as I can appeal to your Grace, and to the whole world that my administration has been one continued and constant care of the King's honour, and of his interest, and more especially of the royal woods, by the proclamations and orders I have from time to time issu'd about 'em; I can intirely depend on the justice and honour of your Grace that his insinuations against me on that head will be as fruitless as everything else he has been attempting to my prejudice. At his meeting the Council upon the riot, he offer'd to put a reward into the Proclamation, and to pay it himself, if the Council wou'd consent to a Proclamation's going out in his name, but, as they wou'd not, and there was no money in the Publick Treasury, there wou'd be no reward in the Proclamation I issued. Yet if he had been in earnest in that matter, he might have advertised a reward in the publick prints, which is often done, besides the Proclamations issued by Governments, but the Council concluded, and so did I, that he only wanted to issue a Proclamation in his own name, in order to wrench the King's power out of my hands; In his letter to me of 29 April, he values the condemned boards and logs at £2000, yet I think the complainants say he offer'd them to sale at £250. Your Grace will find by the several affidavits in what a severe manner Collo. Dunbar has used the King's subjects from time to time upon his survey, with great deference to your Grace such sort of managment would better sute the Government of France or Turky, than what is markt out by the Constitution of Great Britain, for the Government of Englishmen, who are under the best of Sovereigns, that delights and glories in making the laws the rule of his administration; I say unmercifully beating some, threatning to shoot others, and to lay the estates of others in ashes, and in a violent unwarrantable manner stopping vessels at the Fort, and firing upon 'em to the great hazard of the peoples' lives and estates, can by no means be executing aright the Commission the King has honour'd him with, and inasmuch as there are no regular forces to support such extraordinary proceedings, it has been with the greatest difficulty that I have been able to suppress the rising passions of the people (who from the first settlement of this country have been perfect strangers to such arbitrary Government) nor cou'd I have done it, but by assuring them that I wou'd lay their complaints before our most gracious Sovereign, from whom they could not fail of redress. If the King's business was to be done in such a manner, what need wou'd there be of Laws or Civil Government? When he wrote to me of stopping the trade and navigation of the River, my answer to him was to do nothing, but what was clearly warranted by Law. Had I absolutely forbid him, I imagin'd he wou'd have disobey'd my order, as he had done in another case, and his saying otherwise to me was what I cou'd by no means depend on, and that I made a right judgment in giving no orders in this case appear'd by his stopping several vessels after his obtaining the opinion of H.M. Advocate General to the contrary. When their complaints were brought to me I serv'd them with copies, and he sayes he will make answer to them at home; upon reading them and the affidavits your Grace will be better able to judge of Mr. Dunbar's managments, and what order to give to me and to him (for the future in these matters) or to his successor, for he writes me he is going home. I wish it be true for H.M. honour and service, for I think his behaviour in these parts from first to last has had no other tendency than to prejudice the King's subjects against his Government, so far as Mr. Dunbar had had anything to do with it. What a gross mistake did he make, my Lord Duke, about the lands at Pemaquid, and did he not break his instructions that only gave him power to lot out the King's lands in Nova Scotia, but according to his despotic manner he was pleas'd to assert the lands in the Massachusetts to be in Nova Scotia, and there to run out charge on his own head, and I am told without the least order originally from the Crown, and surely to very little purpose, being only a loose wall of dry stones, a great part whereof is already tumbled down. Had I, my Lord Duke, been arrivd to the Governmt. and Mr. Dunbar had presum'd to have medled with any of the lands within the grant of the Crown to the Massachusetts, I shou'd, in pursuance of H.M. Royal Commission have effectually prevented his doing what he did unless he had shown me H.M. Royal Orders to warrant him, and had the Government here at that day so done, it had saved H.M. ministers a vast deal of trouble, as well as a great charge to this Province in procuring Her Majesty's Order (when Guardian of the Kingdon) "that the said David Dunbar do quit the possession of all the said lands, and also to revoke such parts of the Instructions given by H.M. on the 27 of April, 1730, to the said David Dunbar as have any relation to the settling the lands lying between the Rivers Penobscutt and St. Croix." And if Mr. Dunbar had inclined to look into the Royal Charter of this Province he might have been convinc'd that he cou'd as justly have pretended to have put a few loose stones together for a fort in the town of Boston, and to have lotted out land there as at Pemaquid. By his desire I once mention'd to the Assembly here the paying him anything they might think reasonable for his expence in that part of this Province, and your Grace has long since seen their sense of that matter in their Journal, I had the honour to send you in its course, and unless he has some better claim of reimbursement from the Crown than from this Province, he will perhaps learn to be wiser for the future. Your Grace will also be able to judge how much service he did as a Surveyor of the King's woods, while he was from Sept. 13, 1731 to July 2, 1733 constantly at Pemaquid, and notwithstanding what Mr. Surveyor may insinuate to your Grace of his vigilance and care of H.M. woods, I am prone to believe, upon a strict enquiry your Grace wou'd find more strip and waste made of them in the five years of his Surveyorship than in any ten years before; which must be partly attributed to his absence, but much more to his imprudence (to give it the softest term). I wish I was able to represent to your Grace any one service he has done for H.M. from his arrival here to this day; but instead of that his whole study seems to have been to render himself and everybody he has had to do with uneasy and restless, and by the printed paper inclosed, your Grace will see how odious he is in this country, that for any one even to drink his health is to ruin his interest and reputation with the people. Indeed, my Lord Duke, it wou'd seem something extraordinary to one that didn't know Mr. Dunbar, that one who pretends so highly to assert the King's honour shou'd take such a creature as Mr. Cook into his bosom, after the Kings Governr. had remov'd him (and his son) from two profitable posts in the Government for his constant opposition and disrespect to the King's honour and service, but at this I am not much surpriz'd, for I suppose Mr. Dunbar's pique and ill nature at the Governr. will alwayes readily incline him (for the accomplishment of any point against the Governr.) to resolve Flectere si nequeo superos, acheronta movebo (fn. n1). Altho' my letter of 2nd May has nothing in it but exact truth and facts, yet I wish he had sav'd me the trouble of exposing his want of proper thought and duty to his superiour; his late predecessor and I liv'd in good harmony, and so I have also with my Lieut. Governors here, but with this gentm. it's not possible for any man to be easy, he has such a thirst of being bigger than he is. I beg leave once more to repeat with submission to your Grace, that I am firmly of opinion that it wou'd tend much more to the safety and honour of the King's Government, as well as to the better preservation of the Royal woods, that Mr. Dunbar was removed, and a wiser man to succeed him etc. Signed, J. Belcher. 18 pp. Enclosed,
230. (i) (a) Governor Belcher to Shadrach Walton, President of the Council, N.H., April 29, 1734. Having sent my orders of the 11th currt. to Lt. Governor David Dunbar etc. to ask the advice of the Council on my Proclamation for a fast etc., and he having disobeyed the said order, you are hereby directed to summon a meeting of H.M. Council, and to ask their advice on the enclosed Proclamation for a fast, and upon their advising thereto, to order the Secretary to fill up the blank for the day at such time as the Council shall think best, etc., and to make the said proclamation public, etc. Signed, J. Belcher. Copy.
(b) Same to Same. May 2, 1734. I having received an account of a most notorious riot committed in the town of Exeter, upon the occasion of the Honble. David Dunbar Esq., H.M. Surveyer General of the Woods, his sending men thither to receive into their custody a parcel of boards forfeited to H.M., it is my order that you convene H.M. Council immediately on receipt of this, and ask their advice on the inclosed proclamation, and upon their agreeing thereto you are to deliver it to the Secretary to be made publick etc. Signed, J. Belcher. Copy.
(c) Same to Same. Boston, May 9, 1734. I have your's pr. the carrier of 6 curtt. wherein I find H.M. Council had advis'd issuing the above Proclamation. I am glad the Council are steady in their duty. The King's Government must not be lost by the disobedience of the Lieut. Governour, and I now order you to convene H.M. Council, and to advise with them what is further necessary to be done on their parts respecting the riot at Exeter; and that they may do everything in their station according to their duty to the King for bringing the persons concerned in that villanous affair to condign punishment. You are also hereby ordered to adjourn the Court of Appeal from 14th curtt. to such day as you and the Council think most proper. Signed, J. Belcher. Copy. The whole, 1⅓ pp.
230. ii (a) Governor Belcher to Lt. Gov. Dunbar. April 11. 1734. You are hereby ordered to convene H.M. Council as soon as this comes to your hands, and to ask their advice on the enclosed proclamation and warrant, and upon their advising the issue of them, you are to order H.M. Secretary to make the said proclamation publick and to deliver him the warrant to be returned to me. Signed, J. Belcher. Copy.
(b) Same to Same. April 29. The post has brought me your narration of what happen'd at Exeter, and you say you send me copies of the examinations etc., which when you do and tell me to what end you send these things, you shall have my answer. Signed, J. Belcher. Copy. The whole, ½ p.
230. iii. Same to Same. Boston. June 13, 1734. Encloses copies of complaints with affidavits, against Lt. Gvr. Dunbar for his answer. Signed, J. Belcher. Copy. ¼ p.
230. iv. Francis James of Exeter, master of the sloop Bonaventure, and Benjamin Chadwell, master of the sloop Prosperous, both in New England, coasters, to Governor Belcher. May 14, 1734. They cleared the said sloops at the Collector's office in Portsmouth, N.H., on April 30, and then applied to the gunner of the Fort for passes, offering him the usual fees, which he refused saying they should not pass the Fort. They then applied to Lt. Gvr. Dunbar for relief, but he treated them very ill, and particularly said to the complainant James, "Damn you, you shall not pass the Fort as long as I am Lieut. Governor here, by God." They often repeated their request, but he refused and ordered the gunner to fire upon them. After three days they ventured to pass by in order to proceed on their intended voyage to Boston, and when they were abreast of the Fort four guns laden with ball were from thence fired at their vessels. Pray for H.E.'s protection etc. Signed and sworn to by Francis James, Benja. Chadwell. Copy, 1½ pp.
230. v. Copy of The Weekly Rehearsal, May 13, 1734. No. 137. Containing Belcher's Proclamation relating to the riot at Exeter. Printed. 2 pp.
230. vi. Copy of The Boston Gazette, June 1, 1734. No. 754. Printed. 4 pp.
230. vii. Copy of Same, May 9, containing Proclamation as No. v. Printed. 2 pp.
1734. 230. viii. Governor Belcher to Lt. Governor Dunbar. Reply to letters of April 15, 22 and 26. The first I take to be a masterpiece of insolence on the King's Governour, whom by your Commission you are strictly commanded to obey. I wou'd have you to know, Sir, that I never made any mistake here in a Proclamation for a Fast, or anything else. It really looks to me like a farce to hear a man of your very grave life and conversation set up for a patron of the religion of the Church of England. As to the platform you mention, I have never in my life obtain'd a sight of it, and, I assure you, I pass no acts of Government without reading and knowing them; But had what you say been as true as it is otherwise, pray, Sir, what have you to do with my administration in the Massachusetts. If I make mistakes, I am answerable to my royal Master, and not to my inferiours. The warrant I sent you happen'd thro' my forgetfulness, yet that don't excuse your disobedience about it. What you wrote me three years ago on that head made me smile, and what you say now brought me to a broad laugh. As to the orders I gave to my military officers, I think your not knowing or not practising your duty, in not waiting upon your Govr, out of the Province, nor writing him a line of any occurrence in it for near 12 weeks together, and when powder was wanted for the Province to apply for it to the capt. of the man of war here, and not to the Govr., should seal up your mouth, as to my not giving any orders to you about the Militia etc. Continues: If you find yourself contemptible, I attribute it wholly to you own imprudence. Such was your beating the people last year at Exeter, your assaults and abuse of the Marshal of the Admiralty in the execution of his office, swearing and cursing at some, threatning to shoot others thro' the head etc. These things, Sir, don't become a gentn. that wou'd feign be called a Govr. etc. Quotes from his letters and asks, if his professions that he wishes to avoid disputes are genuine, why he is constantly bickering and trying to wrest the power out of his hands etc. Continues: I am more and more satisfy'd by my own commission as well as by yours, and by my Instructions, that I am alwayes virtually present in New Hampshire when I am personally in the Massachusetts, nor will I suffer any Proclamation to go out in your name, or any other act of Government of the like kind, etc. Is not affected by his hints of his influence at home. Continues: Had you not assur'd me in yours of 7th Sept. that the trembling in your hand didn't come by hard drinking, I shou'd have thought your's of 15 April had been wrote over a hearty bottle etc. Sends a copy of his Naval Officer's Commission to Capt. Husk, and enquires on what day and before whom he was sworn. Supposes that the examinations taken concerning the riot were under his direction and correction, but finds a blunder in them etc., etc. Continue: When you write me that you have the Kings leave to go for England, and that you think mine necessary (for the way of your mentioning it is of a piece with the rest of your behaviour to me) you shall soon know whether I will give it. You say that you have given orders to the Fort that no vessel laden with lumber at mills where forfeited boards lye shall pass the Fort, and that if you can't justifye this, you will recall it upon my advice, which is, that for the King's honour and your own safety, you will take care that this step, as well as all your other proceedings be clearly warranted by law etc., etc. Signed, J. B. Copy. 6½ pp.
230. ix. Israel Ober, master of the sloop Bonaventure, and George Tuck, master of the sloop Dolphin, both of Beverly in the county of Essex, coasters, to Governor Belcher, June 7, 1734. Having their full lading of boards, they cleared at the Custom house, after having first been refused and applied to the Lt. Governor. They then asked the latter for passes, which he denied them, telling complainants he would seize the said sloops unless he gave them their bonds in £100 each. Being advised by their friends at Piscataway not to do so, they refused. After waiting three days, they proceeded on their voyage to Boston, where they arrived June 3 and 4. Pray that such proceedings may be stopped etc. Signed and sworn to by, Israel Ober, George Tuck. Copy. 2 pp.
230. x. Copy of bond required by Lt. Govr. Dunbar in preceding, that the lading of boards were not part of condemned white pine boards or sawed out of condemned logs etc. 1 p.
230. xi. Daniel Batchelder, of Beverly, master of the sloop Seaflower. May 14, 1734, to Governor Belcher. Complaint similar to No. vi. Signed and sworn to by, Daniel Batchelder. Copy. 1¾ pp. [C.O. 5, 899. ff. 70–78v., 80–81, 82, 83, 83v., 85–92, 93–94, 95, 95v.]
July 2.
231. Council of Trade and Plantations to the Lords Commissioners of the Treasury. Enclose accounts of incidental charges of the Office, Ladyday to Midsummer, and request payment of quarter's salaries now due. v. Journal. [C.O. 389, 37. pp. 354, 355.]
July 2. 232. Governor Belcher to the Duke of Newcastle. It is with great satisfaction that I have the honour of acquainting your Grace that the present Assembly of this Province seems to have a better sense of their duty to H.M. than any other I have met since my arrival to the government, having at the first of their setting gone thorro' (with dispatch) some things, affecting H.M. honour and service, that have formerly struggled and labour'd with much difficulty, as your Grace will find by their Journal inclosed, and I hope they will still go on with the affairs of the Government, so as to recommend them and this whole people to H.M. grace and favour. Besides the Address of congratulation to H.M. from the whole Assembly, upon the happy marriage of the Princess Royal with the Prince of Orange, which will be delivered you by the Agent of this Province, there is also an Address to the King from H.M. Council, and from the House of Representatives here, setting forth the naked condition of this Province with respect to guns, powder and other stores of war, and humbly imploring H.M. aid and assistance; they have also made a vote of request to me that I wou'd make my application to H.M. Ministers for success in this necessary affair. Here is, my Lord Duke, in this harbour, about three miles below the town a very regular fortification on a place called Castle Island, and to which a new addition is now making for the entertainment of twenty large cannon, and then Castle William (so it is called) will be capable of mounting 120 guns; but the greatest part of what guns are now there, are old and honeycomb'd, the iron work (as well as the wood) of the carriages much decay'd, and I think at this time there are but ten barrels of powder belonging to this fortification, and most other gunners' stores are wanting, with mortars, shells, and small arms: there are also six small forts or block houses on the fronteirs, that have hardly a gun in them, or a small arm fit for service; and the maritime towns as Boston, Salem, Marblehead, Gloucester and Plimouth are now under the consideration of the assembly in order to the building of batteries for entertaining the best part of 100 cannon, which work will create a great charge to this H.M. Province, and without them the King's Government and subjects here will lye constantly expos'd to the insults of their enemies. Let me then be an humble orator to your Grace in the behalf of this Province, that they may feel the benign influence of the King's Royal grace and bounty, in this important article, and in a manner worthy of so great a monarch and of so good and kind a Father to all his people; then shall the present and future generations rise up and bless the King and His Royal House, and they will hold themselves under great obligations to your Grace and so will he, who is with the profoundest respect and deference etc. Signed, J. Belcher. Endorsed, R. 14th Oct. 5 pp. [C.O. 5, 899. ff. 98–100, 101 v.]
July 2.
233. Governor Fitzwilliam to the Council of Trade and Plantations. This accompanys the Council journals and lists of shipping trading to and from these islands from my arrival to Midsummer last etc., to which I refer your Lordships for the particulars of my transactions during that time, which I hope have been such as will meet with your Lordships' approbation. I would also have sent journals during the Presidents' administration, between the death of Mr. Rogers and my landing, but that the Minutes of Council for that time have been secreted, as well as the acts of Assembly, and the only reason I can assign for so extraordinary an event, is that the Presidents did not take the oaths enjoin'd by law to observe the acts of Trade, of which their friends believe they should be convicted were the Minutes to appear, etc. Since my last I have sworn in Thomas Lorey, Esq. a member of the Council, which makes the number now upon the island seven, and I beg leave to recommend William Smith, James Scott, Robert Archbold, Nicholas Rowland, John Thompson, senr., William Hale, William Spatchers, junr., Thomas Walker, John Walker, Paul Newball, Joseph Ingham and John Thompson, junr. as the fittest persons at present in this Government to fill up any vacancys that may happen by the gentlemen appointed by H.M. Instructions not returning to this island, etc. I am not unacquainted that it is likewise my duty to send your Lordships an exact list of the number of inhabitants both white and black on these islands, but tho' I have been endeavouring to obtain such a list ever since my arrival, I have not yet been able to accomplish it, by reason I cannot prevail with the people to do anything but what they are forced to do, wherefore your Lordships may observe by the Council journals, that I was at last under a necessity of making an order of Government to oblige them to give in their names to the Secretary's office by a certain day, tho' at the same time I do not believe they will readily comply therewith, for they are a most unruly people, long used to contemn the Government with impunity. I beg leave to represent to your Lordships that it has been all along accustomary for the inhabitants of these islands to pay the Lords Proprietors, a tenth part of all salt rak'd, braziletto and other woods cut upon their lands, which has usually been applyed towards the support of the Goverment, but the people being informed that the King has purchased the soil from the Proprietors, they have refused since my arrival to pay any such acknowledgements, tho' at the same time the revenue here is so very small, as not to be near sufficient to defray our little necessary contingencys, for which reason, and because I did not think it proper to give up the right of the Crown, which I apprehend these tenths now to be, I did oblige every man that went to get salt this year to enter into bond for H.M. use to be accountable for the tenth part of all they should rake, whenever the Governor or Commander in Chief for the time being should require the same, but the season having proved so very wet, they have not been able to take three thousand bushels in the whole Goverment, however as this is an accident has not happened in the memory of the oldest man on these islands and may not happen in an age again, I beg your Lordps.' directions how to act in this affair for the future. The Engineer that was sent over with me, came to me the beginning of the last week, and desired that we might agree upon the report and estimate we were directed to make etc., in order to be wrote over fair, whilst he was finishing the plans and drawings, which he propos'd to get done in five or six days, that he might be ready to return to England, in a ship that was to saill about the latter end of the week, but in the mean time he dyed of a feaver, before either the report or estimate could be transcribed, or he had finished the drawings, therefore I judged it most proper to send my Lord President the report and estimate as the Engineer and I had agreed upon them, also the said plans and other drawings just as he left them, which I humbly presume will be referr'd to your Lordsps., therefore I beg your Lordsps. will in regard to the defenceless condition of this place (of which I acquainted you in my letter of 10th. Feb.) continue your good offices with H.M., for speedily finishing those works and repairs your Lordships have so long judged necessary for the preservation of these islands. I don't know whether it will be deemed a fault in us, that we forgot to mention in the report Mr. Phenney's having agreed that in case payment is ordered him for his house, which stands upon the ground whereon the new works are proposed to be erected, and wherein I now live, in eighteen months to be accounted from my arrival here, he will not insist upon any rent to be paid him by the country or me during that time. Upon casting up the aforesaid estimate since the death of the Engineer, I find the execution of his plan will come to a much larger sum than I imagined it could or he ever proposed to me it should, which is no fault of mine by reason I daily told him to avoid as much as he could running into any unnecessary expence, the sum total of which estimate is £12,202 9s. 5½ d. Signed, Rd. Fitzwilliam. Endorsed, Recd. 3rd Oct., 1734, Read 30th July, 1735. 3 pp. [C.O. 23, 3 ff. 116—117 v.]
July 9.
234. Council of Trade and Plantations to the King. An Act was passed in your Majesty's Island of Barbados on the 10th day of Decr, last entituled An Act for the further better and more certain regulating the fees of the several officers and Courts of this Island. We have considered this law, and having heard what could be alledged for the support or disallowance of it by the Agents of Barbados and the Patent Officers of that Island who reside in Great Britain, we beg leave to acquaint your Majesty, that we find this to be a law of an extraordinary nature, for as much as very severe penalties are thereby enacted, to be incurred upon the evidence of one witness only, taken before a single Justice of the Peace, by which the properties and rights of the said patentees, who hold immediately of the Crown, are liable to be invaded and destroyed by the malice and wickedness of any one person. And as there is no clause incerted in this Act for suspending the execution of it untill your Majesty's pleasure should be known thereupon; we humbly take leave to lay the same before your Majesty for your disallowance. [C.O. 29, 15. pp. 436, 437].
July 10.
235. Council of Trade and Plantations to Lord Harrington. Enclose following to be laid before the King. Annexed,
235. i. Same to the King. Submit drafts of instructions for Governor Cunningham, (i) General, (ii) relating to Acts of Trade and Navigation.
Continue:—In which we have made no alterations or omissions from such General Instructions as your Majesty has already offered to your other Governors in America, except in the following articles, vizt.. We have omitted the 13th Article given to Major General Hunter etc. concerning the manner of electing members of the Assembly, the same having been provided for by an act passed in Jamaica now confirmed and rendered perpetual by the Crown, appointing the number of the Assembly etc. To the 23rd Article of this draught which prescribes rules to be observed by the Governor in passing private acts, we have thought proper for the greater caution to add the following words, "and that a certificate under your hand be transmitted with and annexed to every such private Act, signifying that the same has passed thro' all the forms above mentioned." In the present draught we have omitted that part of the 21st Article of the late Instructions to Major General Hunter which related to the passing a law for granting a revenue to your Majesty, etc. and for perpetuating the laws etc., a law having been lately passed to this purpose, which renders the said Instruction unnecessary. Your Majesty having been graciously pleased to order 6 Independant Companys to Jamaica for the defence of that island, we have formed a new Instruction in that behalf, which makes the 29th Article of the present draught, in the following words vizt.:—"and whereas upon application to us from the Council and Assembly of our said Island, representing to us the great danger the inhabitants thereof are exposed to from the rebellious and runaway negroes there, and from the invasion they apprehend of foreign enemies in case of a war; and therefore beseeching us to send them aid and assistance, we have been graciously pleased to order six more Independant Companies to that island for their protection and defence; It is therefore our will and pleasure, that you recommend to the Assembly in the most effectual manner, that provision be made for the reception of the said Companies as likewise for their subsistance, as hath been usual for the other two Companies now there, so long as the circumstances of the island shall require their continuance at Jamaica."
In the 39th Article of the present draught whereby rules are prescribed for the improvement of your Majesty's quit-rents in Jamaica, we have thought proper in order to render the same more effectual to add the following words: "and whereas we are given to understand that an Act was passed in that Island in 1703, entituled An Act for ascertaining, establishing and more speedy collecting H.M. quit-rents in which are many good clauses for that purpose; It is our will and pleasure, that you make full enquiry what effect the said Act has had, whether the same has been effectual and has answered the end proposed thereby, and if not, what is still further wanting for the purposes aforesaid, and give an account of all your observations thereon as soon as conveniently may be after your arrival in that Government, unto us and our Commissioners for Trade and Plantations. Lastly we have omitted in the present draught such parts of the 95th Article of the last Instructions as related to the tryal of pirates taken in the Bahama Islands, your Majesty having been pleased to grant a Commission for that purpose to Mr. Fitzwilliam your present Governor of the Bahamas. Annexed,
235. i. Draught of H.M. Instructions to Governor Cunningham as stated above. [C.O. 138, 17. pp. 419—482.]
July 10.
236. H.M. Warrant appointing John Beswick Clerk of the markets in South Carolina. Countersigned, Holles Newcastle. Copy. [C.O. 324, 50. pp. 99, 100; and 324, 36. p. 466.]


  • n1. If I cannot bend the Gods above, I will move Hell.